Fremont City Council Meeting: 03/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4552) DOC ID: 4552 A
Updated: 3/8/2022 9:37 AM by Alberto Quintanilla A Page 1
AWARD A CONSTRUCTION CONTRACT FOR THE BABBLING BROOK AND MAMMOTH PICNIC AREA RENOVATIONS PROJECT - Approve Plans and Specifications and Award a Construction Contract in the Amount of $494,007.50, to IBS USA, Inc., for the Babbling Brook and Mammoth Picnic Area Renovations Project (PWC8999 & PWC9029); and Approve the Reallocation of $59,308 from the Dusterberry Neighborhood Park Project (PWC8581) to Central Park Mammoth Picnic Area (PWC9029) and Find the Project Exempt From Further Environmental Review Pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction
Contact Persons:
Name: Eva Lee Suzanne Wolf
Title: Landscape Designer II Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4776 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: Approve the project plans and specifications, accept the bid, and award a construction contract to IBS USA, Inc., for the Babbling Brook and Mammoth Picnic Area Renovations Project (PWC8999 and PWC9029), in the amount of $494,007.50 including 10% contingency. Approve the reallocation of $59,308 from the Dusterberry Neighborhood Park Project (PWC8581) to Central Park Mammoth Picnic Area (PWC9029).
BACKGROUND: The proposed project will improve and upgrade the existing Central Park Babbling Brook and Mammoth picnic areas for accessibility and to provide additional space for public use and group picnic rentals. Site improvements include demolition of the existing picnic areas, concrete pavement, site grading and excavation; followed by installation of new concrete pavement, City-furnished shade structures, site furnishings, storm drain system improvements, and minor irrigation and landscaping improvements.
Due to the delays associated with the global supply chain and shortage of labor and raw materials, the general lead time for fabrication and delivery of the shade structures will take longer than usual, approximately 16 weeks. To expedite the construction working days, the shade structures have been purchased separately by the City. The structures will be furnished and delivered to the contractor for installation during construction.
DISCUSSION/ANALYSIS: The Babbling Brook and Mammoth Picnic Area Renovations project was advertised for bid on January 25, 2022. On February 17, 2022, the City received eleven (11) bids for construction. The lowest responsible bid was submitted by IBS USA, Inc. for the bid amount of $449,097.50, and is approximately 7% below the Engineer’s estimate of $480,000. All bidders and their respective bid amounts are listed below:
Contractor Total Bid
Staff Report (ID # 4552) Meeting of March 15, 2022
Updated: 3/8/2022 9:37 AM by Alberto Quintanilla A Page 2 IBS USA Inc. 1 $449,097.50
B and D Excavation and
Construction
2 $498,365
Galeb Paving, Inc. 3 $503,075
Star Construction Inc. 4 $508,109.50 *
Terramark General Engineering
Contractors Inc.
5 $521,200
Innovate Concrete Inc. 6 $632,088
Robert A Bothman Construction 7 $634,500
Bay Construction Co. 8 $668,085 *
Kerex Engineering, Inc. 9 $679,930
GEMS Environmental
Management Services, Inc.
10 $754,535.54
Sposeto Engineering Inc. 11 $831,418.25
*Bid Mathematically Corrected – Corrected for computation errors pursuant to the Instruction to Bidder’s, Part 6.1(A)
The low monetary bidder for the project, IBS USA Inc., is a responsible bidder experienced in this type of work. Their bid is responsive and all bid documents are in order.
Project Schedule: Construction is anticipated to begin in April 2022 with completion anticipated in August 2022.
Bid Protest: A protest was submitted by the second low bidder, B & D Excavation and Construction, claiming that the bid submitted by IBS USA, Inc. be deemed non-responsive and rejected. The protest claimed that IBS USA, Inc. did not list a subcontractor on the Subcontractor List to perform trucking work.
A Contractor must provide the name of the subcontractor on the Subcontractor List in the bid if a portion of the work performed is in excess of one-half of 1% of the Bidder’s total Contract Price. IBS USA, Inc. responded to the protest by confirming that they intend to self-perform the trucking work; therefore, the omission of the subcontractor on the Subcontractor List does not render their bid non-responsive nor give an unfair advantage to the protested bidder. Staff finds the bid protest without merit and recommends that IBS USA, Inc. be awarded the project as the lowest responsive bidder.
FISCAL IMPACT: The Babbling Brook and Mammoth Picnic Area Renovation project is funded with $206,000 from Fund 541 Central Park Babbling Brook Picnic Area (PWC8999), Staff Report (ID # 4552) Meeting of March 15, 2022
Updated: 3/8/2022 9:37 AM by Alberto Quintanilla A Page 3 $500,000 from Fund 540, and $86,000 from Fund 541 Central Park Mammoth Picnic Area (PWC9029), for a total funding of $792,000.
The projected project expenditures of $851,308 show a budget shortfall of $59,038 due to the added site improvements of a third shade structure and additional concrete pathway, which were not part of the original project scope.
Additional Needs and Transfer: The shortfall will be covered through a reallocation of funds from the Dusterberry Neighborhood Park Project (PWC8581-540). In January 2022, the Dusterberry Neighborhood Park Project was awarded a $4,000,000 State Parks Program Proposition 68 Grant. This award frees up the unallocated portion of the Dusterberry Neighborhood Park 540 fund to be transferred to other priority park projects. Staff recommends reallocating $59,038 from the Dusterberry Neighborhood Park Project (PWC8581-540) to the Central Park Mammoth Picnic Area Project (PWC9029-540).
1. Total Funds Available to the Project:
541 Park Dedication Quimby Impact Fund (PWC8999) $206,000 540 Park Facility Impact Fee Fund (PWC9029) $500,000 541 Park Dedication Impact Fund (PWC9029) $86,000
Subtotal $792,000
2. Project Expenses to Date:
Project Management and Design $125,500
Consultant Services and Permit Fees $35,000
Purchase Order for Shade Structures $71,800
3. Planned Expenditures:
Construction Bid (Rounded) $449,098
Construction Administration and Management (Estimated) $125,000 Construction Contingency $44,910
Subtotal $851,038
Balance -$59,308
4. Total Proposed Reallocation of Funds:
From Dusterberry Neighborhood Park, (PWC8581-540) to
Central Park Mammoth Picnic Area (PWC9029-540) $59,308
Estimated Remaining Funds $0
ENVIRONMENTAL REVIEW: The project is exempt from further environmental review pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction, as the project involves replacement or reconstruction of an existing picnic facility at the same location involving negligible expansion of capacity.
ATTACHMENTS: None.
LINKS: https://fremont.gov/2113/Current-Park-Projects
Staff Report (ID # 4552) Meeting of March 15, 2022
Updated: 3/8/2022 9:37 AM by Alberto Quintanilla A Page 4
RECOMMENDATIONS:
1. Find Babbling Brook and Mammoth Picnic Area Renovations Project exempt from further environmental review pursuant to CEQA Guidelines Section 15302, Replacement or Reconstruction.
2. Reallocate $59,308 from the Dusterberry Neighborhood Park Project (PWC8581-540) to Central Park Mammoth Picnic Area (PWC9029-540).
3. Approve the Plans and Specifications for the Babbling Brook and Mammoth Picnic Area Renovations Project (PWC8999 and PWC9029).
4. Award a Construction Contract of $449,097.50 to IBS USA Inc., plus a 10% Construction Contingency in the amount of $44,910, for a total construction contract amount of $494,007.50.