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Staff Report

Commerce City Council
December 12, 2023

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Staff Report
Meeting
December 12, 2023
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Commerce City Council
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CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Award Construction Contract to CABD Construction, Inc. for the Brenda Villa Aquatic Center Moving Sectional Glass Windows and Heavy-Duty Fans Installation Project (Design-Build) Meeting Date: December 12, 2023

RECOMMENDATION
The City Council will consider adopting a resolution awarding a construction contract to CABD Construction, Inc. for the Brenda Villa Aquatic Center (BVAC) Moving Sectional Glass Windows and Heavy-Duty Fans Installation Project (Design-Build), allocating funding to cover the project cost shortfall, and authorizing Construction Management and Inspection Services by Transtech Engineers, Inc. pursuant to their On-Call Professional Consulting Services Agreement.

BACKGROUND
The City is looking at improving the existing air flow at the Brenda Villa Aquatic Center (BVAC) as the air becomes extremely humid and stagnant during very hot weather. Therefore, the City has solicited design–build bids for the design and installation of Automatic Electric Vertical Lift Sectional or Horizontally Moving Glass Windows including frames and Heavy-Duty Ceiling Fans over the swimming pool at the BVAC in compliance with all applicable local and state codes and regulations through a design-build process.

ANALYSIS
On September 29, 2023, staff advertised the bid package for this project. The following two (2) bids were received by the City at the Bid Opening held on October 24, 2023. A copy of the bid tabulation is attached:

BID RANKING
BIDDER

BASE BID SCHEDULE
(doors & fans)

ADDITIVE BID SCHEDULE
(operable windows)
TOTAL BASE BID + ADDITIVE BID
Low Bidder
CABD Construction, Inc.
$837,000.00
$240,000.00
$1,077,000.00
Non-Responsive Bidder
JT Construction Group, Inc.
$677,000.00
-
$677,000.00
Pursuant to the requirements of the California Public Contract Code, the award of contract shall be to the lowest responsive and responsible bidder. However, as shown in the above bid tabulation, JT Construction Group, Inc. despite submitting the lowest base bid failed to respond to Addendum 1 and submit bid amounts for both Base Bid Schedule and the Additive Bid Schedule even though they acknowledged having received Addendum 1. The Additive Bid is for the design and installation of Operable Glass Windows operable by remote on either side of the scoreboard shown in red in the figure below.

Therefore, they are considered non-responsive. Staff conducted a bid analysis for CABD Construction, Inc., the second lowest bidder and verified their California contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, CABD Construction, Inc. was found to be the lowest responsive and responsible bidder. The bid analysis completed by staff is attached for reference.

The project includes the design and installation of Heavy-Duty Fans and Frames and Automatic Electric Vertical Lift Station or Horizontally Moving Glass Windows at BVAC. The project also involves the design and installation of Operable Glass Windows by the Score Board as an additive bid item.

Staff recommends that City Council adopt the attached Resolution which in summary does the following:

Finds JT Construction Group, Inc.’s bid to be non-responsive.

Awards a construction contract to CABD Construction, Inc. as the lowest responsive and responsible bidder for the Brenda Villa Aquatic Center (BVAC) Moving Sectional Glass Windows and Heavy-Duty Fans Installation Project (Design-Build) in the amount of $1,077,000 for the total Base Bid Schedule Amount and the Additive Bid Schedule Amount.

Allocates an additional $562,405.00 from Measure AA Funds to cover the total project cost shortfall.

Authorizes up to 15% of the construction contract for construction contingency for unforeseen conditions.

Authorizes up to 10% of the total construction contract and contingencies for Construction Management and Inspection Services.

Authorizes Transtech Engineers, Inc. to proceed with Construction Management and Inspection Service, pursuant to their existing on-call agreement for consultant services.

Following is a summary of the project cost:

Bid Amount to be Awarded
$1,077,000.00
Construction Contingencies (15%)
$161,550.00
Subtotal
$1,238,550.00
Construction Management, Inspection (10%)
$123,855.00
Total Project Cost
$1,362,405.00

FISCAL IMPACT
The total estimated cost of this project including construction contract, contingencies, construction management, and inspection services is $1,362,405.00. Funds in the amount of $800,000 is available in the approved Measure AA Funds Account #41-5180-57010.14745 for this project. However, additional funds in the amount of $562,405.00 are required to cover the total project cost shortfall.

ALTERNATIVES:

Approve recommendation
Reject recommendation
Provide staff with further direction
RELATIONSHIP TO STRATEGIC GOALS:

This agenda item relates to the 2016 Strategic Plan, Infrastructure and Facilities:

Guiding Principle 4: Develop and invest in infrastructure and beautification projects that support economic growth Recommended by: Gina Nila, Department of Public Works
Approved as to form by: Noel Tapia, City Attorney
Respectfully submitted: Vilko Domic, Assistant City Manager ATTACHMENTS:

Resolution
Bid Analysis
Construction Contract- CABD Construction, Inc.

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