1 Date: October 13, 2023
To: Jōvan Grogan
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Award RFB FY 23-0051 Levi’s Stadium Overhead Door, Motor, Sensors, and Track Replacement Project
Recommendation
1. Recommend approval and award of a one-time contract to CWS Construction Group Inc., in the amount of $95,000, to replace the overhead door, motor, sensors and track replacement at Levi’s Stadium.
2. Recommend a budget augmentation for the overhead door, motor, sensors and track replacement Project (Project) of $15,370.46, which will increase the total budget amount for this Project from $93,800 to $109,170.46. The Project budget was approved by the Santa Clara Stadium Authority (SCSA) as part of the FY23/24 SCSA Capital Expenditures Budget.
3. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and
4. Authorize Stadium Manager to execute change orders up to 10% or $9,500 for a total not to exceed construction contract amount of $104,500.
Solicitation Process
Forty Niners Stadium Management Company LLC (Stadium Manager) has a need to replace the overhead door, motor, sensors, and track replacement at Levi’s Stadium (Stadium). The Project was approved as part of the FY22/23 SCSA Capital Expenditures budget.
On July 18, 2023, Stadium Manager issued a Request for Bids (RFB) FY23-0051 for the Project.
Stadium Manager published the RFB on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of contractors on our established supplier list, Stadium Manager also selected contractors registered on the portal with specific commodity codes offering such services.
On July 28, 2023, Stadium Manager published the Notice Inviting Bids for the Project in the San Jose Mercury News publication. Notices were also emailed on July 18, 2023 to the Builders’ 2 Exchange of Santa Clara County, Bay Area Builders’ Exchange, and Minority Business Consortium to communicate with their respective member communities regarding the solicitation for the Project.
Stadium Manager held a non-mandatory pre-bid conference on July 25, 2023 at 10:00 a.m. (PT) to provide an overview of the Project and answer any questions from prospective bidders. The RFB provided prospective bidders the option to schedule on-site visits to the Stadium.
Electronic bid submissions were due on or before August 15, 2023 at 3:00 p.m. (PT). Two bids were received on or before the closing due date and time from the following firms:
1. Norcal Specialties LLC - $56,950
2. CWS Construction Group Inc - $95,000
Public Bid Opening
A public bid opening was held on August 15, 2023 at 3:30 p.m. (PT). The RFB provided the public bid opening webcast information including a meeting ID and password for bidders to log on via Zoom to attend. Multiple callers were in attendance. Stadium Manager announced the receipt of the two bids on or before the due date and time, announced the name of the bidders and the base bid amounts and declared Norcal Specialties LLC the apparent low bidder.
The protest period ended on August 22, 2023. There were no protests.
Evaluation of Apparent Low Bidder
Stadium Manager reviewed the bid from Norcal Specialties LLC and determined that the bidder was nonresponsive. The bidder failed to submit the bid on the Stadium Manager’s Bid Forms per Section 1.07 of the Notice Inviting Bids and Articles 1 and 7 of the Instructions to Bidders. The bid is also missing all required forms (i.e., Bid Bond, List of Subcontractors, Bidder Information and Experience Form, Non-Collusion Declaration, and Iran Contracting Act Certification). The failure to submit the bid on the Stadium Manager’s bid forms and to submit all required forms is a material error based on a review of the face of bid. Therefore, this bid was rejected for non-responsiveness.
The second lowest bidder, CWS Construction Group Inc. was the lowest responsive and responsible bidder. Supporting documentation on the evaluation of bids has been provided.
Next Steps
The Project was approved as part of the FY23/24 SCSA Capital Expenditures budget. The current approved amount for this Project is $93,800.
Stadium Manager is recommending a budget augmentation to address the following costs for this Project:
1. CWS Construction Group Inc. Bid - $95,000
2. 10% Contingency Amount for Change Orders - $9,500
3. Newspaper Publication Cost - $170.46
3 4. Cost for design - $4,500
Once Stadium Manager receives approval from the SCSA Board, a contract (included in the RFB) will be executed with CWS Construction Group Inc., and a fully executed copy of the contract will be forwarded to the SCSA. In addition, Stadium Manager requests authorization to issue change orders up to $9,500 or 10% of the Project cost which will allow Stadium Manager to take timely administrative action if required and not delay completion of the Project.
Supporting documentation has been provided for review and approval. The cost for advertising the RFB in the San Jose Mercury News publication for one day is $170.46. Stadium Manager’s request to publish legal notices in the San Jose Mercury News for various solicitations, including public works, was approved by the SCSA Board on July 13, 2021. This Project is a public works project.
Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director