Fremont City Council Meeting: 10/01/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5271) DOC ID: 5271
Updated: 9/27/2024 9:04 AM by Susan Gauthier Page 1
WATER PARK SEWER REPLACEMENT - Approval of Plans and Specifications, and Award Contract to Smelly Mel’s Plumbing, Inc. in the amount of $142,200 (includes 20% Contingency) for the Aqua Adventure Water Park Sewer Pipe Replacement Project (PWC8501); Appropriation Action; and Make Findings of CEQA Exemption
Contact Persons:
Name: Jimmy Chen Khandan Bahmani
Title: Facilities Manager City Engineer
Div/Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4768
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the replacement of the sewer pipe system at the Aqua Adventure Water Park concession stand. This project also includes the upgrading of the Concession Stand light fixtures with LED fixtures to meet Title 24 – Building Energy Efficiency Standards.
BACKGROUND: The Aqua Adventure Water Park is a 3-acre family-oriented waterpark, located in Central Park constructed in 2009. Aqua Adventure operates annually from late May through September and hosts corporate and group outings as well as birthdays, parties, family reunions, and special events.
DISCUSSION/ANALYSIS: The Concession Stand Building at the Water Park consists of a kitchen, locker, storage, janitorial and food prep rooms, all of which have floor drains connected to an existing sanitary sewer system. Maintenance staff recently received a report of flooding in the building. Upon investigation, it was noted that the cast iron sewer line has corroded /deteriorated to a point where floor drains can no longer drain to the sewer pipe. The project will include demolition of existing flooring as needed to replace all existing sanitary piping in the concession stand area. The new polyvinyl chloride (PVC) piping system to be installed will be better suited for a water park environment with heavy use of chlorine. In addition, existing lights throughout the concession stand will be replaced with LED light fixtures. Construction is anticipated to begin in October 2024 with completion scheduled for January 2025.
Bid Results: Bids for this project were opened on August 27, 2024. The bidders with their respective bid amount are shown below. The Engineer’s Estimate is $85,000.
Bidder Bid Amount
Smelly Mel’s Plumbing, Inc. $ 118,500.00
James Day Construction Inc. dba Coastal Mountain Electric $ 154,495.00 Ron Paris Construction Co., Inc. $ 195,671.00
Council Staff Report (ID # 5271) Meeting of October 1, 2024 Updated: 9/27/2024 9:04 AM by Susan Gauthier Page 2
Project Cost & Funding
Estimated Project Costs:
Design Consultant and Project Administration $ 30,000
Construction Contract - Low Bid $ 118,500
Construction Contingency (20%) $ 23,700
Total Estimated Project Costs: $ 172,200
Source of Funding:
Currently Budgeted
PWC 8501- Fund 501 – Capital Replacement for Parks $ 100,000 Proposed Funding
Recreation Cost Center Fund 189 $ 72,200
Total Funds Available $ 172,200
Bid Protest: James Day Construction, Inc. dba Coastal Mountain Electric, the second apparent low bidder, has submitted a bid protest within the applicable time period (see attached letter). Staff has reviewed the bid protest and as discussed below and finds it without merit. Therefore, staff recommends rejecting the bid protest and awarding the contract to Smelly Mel’s.
The James Day Construction, Inc. protest letter states Smelly Mel’s bid failed to acknowledge the addendum and didn’t list any subcontractors for electrical and epoxy flooring work. A physical signed copy of the addendum was included on the ninth page of Smelly Mel’s submitted bid. Regarding the subcontractors list, Smelly Mel’s carries the required contractor’s licenses to self-perform the included trades. Staff’s response to the bid protest is attached to this report.
For the reasons set forth above, staff recommends that the City Council reject James Day Construction, Inc.’s bid protest as without merit, and award the contract to Smelly Mel’s Plumbing, Inc. as the lowest responsive and responsible bidder.
FISCAL IMPACT: This project is to be jointly funded from the Capital Replacement for Parks project (PWC8501) and from the Recreation Cost Center Operating Improvement Reserve (Fund 189). The Operating Improvement Reserve supports improvements to revenue generating park facilities. With the recommended use of both funding sources, there will be sufficient funds available for the estimated project cost.
ENVIRONMENTAL REVIEW: Action on this item is exempt from environmental review.
The project is categorically exempt from environmental review based on, without limitation, CEQA Guidelines Section 15301, and 15301(a). The replacement of the corroded sewer line involves negligible or no expansion of use or capacity, which does not involve significant new environmental effects or changed circumstances.
LINK: https://www.fremont.gov/home/showdocument?id=16388&t=638617485810457038 Council Staff Report (ID # 5271) Meeting of October 1, 2024 Updated: 9/27/2024 9:04 AM by Susan Gauthier Page 3
ATTACHMENTS:
• Protest Letter
• Protest Response Letter
RECOMMENDATION: Approval of the following actions related to the Aqua Adventure Water Park Sewer Replacement Project (PWC8501):
1. Approve the Plans and Specifications for the Aqua Adventure Water Park Sewer Replacement Project.
2. Reject James Day Construction, Inc.’s bid protest.
3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Smelly Mel’s Plumbing, Inc. in the amount of $118,500 and allocate a 20% contingency in the amount of $23,700 for a total construction contract amount of $142,200 and authorize the City Manager or designee to execute the contract.
4. Appropriate $72,200 from the Operating Improvement Reserve in the Recreation Cost Center Fund (Fund 189) to pay a portion of the project costs.
5. Find the project is exempt from CEQA review pursuant to CEQA Guidelines pertaining to the replacement of the sewer pipes and lighting involving negligible or no expansion of capacity.