1 Date: November 30, 2023
To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Award RFB FY23-0057 Levi’s Stadium Aesthetic Improvements – Premium Areas and Special Events Project
Recommendation
1. Recommend approval and award of a one-time contract to Devcon Construction Inc., in the amount of $1,119,629, for the aesthetic improvements - premium areas and special events project at Levi’s Stadium.
2. Recommend a budget augmentation for the aesthetic improvements - premium areas and special events project (Project) of $242,855.32, which will increase the total budget amount for this Project from $999,248 to $1,242,103.32. 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 $111,962.90 for a total not to exceed construction contract amount of $1,231,591.90.
Solicitation Process
Forty Niners Stadium Management Company LLC (Stadium Manager) has a need for aesthetic improvements to the premium and special events areas at Levi’s Stadium (Stadium). The Project was approved as part of the FY23/24 SCSA Capital Expenditures budget.
On October 4, 2023, Stadium Manager issued a Request for Bids (RFB) FY23-0057 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 October 7, 2023, Stadium Manager published the Notice Inviting Bids for the Project in the San Jose Mercury News publication. Notices were also emailed on October 4, 2023 to the 2 Builders’ Exchange of Santa Clara County 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 October 11, 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 November 1, 2023 at 3:00 p.m. (PT). Three bids were received on or before the closing due date and time from the following firms:
1. Selway Construction Inc. - $1,585,000
2. CWS Construction Group Inc - $1,655,000
3. Devcon Construction Inc. - $1,119,629
Public Bid Opening
A public bid opening was held on November 1, 2023, at 4:00 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 three bids on or before the due date and time, announced the name of the bidders and the base bid amounts and declared Devcon Construction Inc. the apparent low bidder.
The protest period ended on November 8, 2023. There were no protests.
Evaluation of Apparent Low Bidder
Stadium Manager reviewed the bid from Devcon Construction Inc. and determined that the bidder 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 $999,248.
Stadium Manager is recommending a budget augmentation to address the following costs for this Project:
1. Devcon Construction Inc. Bid - $1,119,629
2. 10% Contingency Amount for Change Orders - $111,962.90
3. A Publishing Fee - $263.42
4. Design Cost Paid To Date - $3,416
5. Design Cost Incurred to be Paid - $6,832
Once Stadium Manager receives approval from the SCSA Board, a contract (included in the RFB) will be executed with Devcon Construction Inc., and a fully executed copy of the contract will be forwarded to the SCSA. In addition, Stadium Manager requests authorization to issue
3 change orders up to $111,962.90 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 $263.42. 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
11/30/2023