16. Award Quinlan Plaza Renovation Bothman, Inc.CUPERTINO
PUBLIC WORKS DEPARTMENT
SUNIlI~IARY
AGENDA ITEM
SUBJECT AND ISSUE
AGENDA DATE January 19, 2010
Award of construction contract to Robert A. Bothman, Inc., for the construction of the Quinlan
Center -Plaza Renovation Project No. 2009-92~~7, in the amount of $214,439.00, and accept the
Add Alternate for new benches in the amount of $9,085.00, fox a total contract amount of
$223,524.00, and approve a construction contin;;ency of $35,476 to cover any unforeseen work
required to complete the project, for a total of $260,000.00.
BACKGROUND
For many years the inoperable Quinlan Fountain has posed a liability to the City following the
shut down in the mid 1990's to conserve water and in June of 2007, Council approved
$280,000.00 in the 07/08 CIP for the demolition and design of a new plaza feature.
On August 19, 2008, Council reviewed and approved conceptual sketches prepared by Sugimura
and Finney Architects that depicted two wooden trellis structures with landscaping. In
subsequent design development, the design architects, with participation by Parks and Recreation
staff, determined that a steel trellis structure would last longer, be easier to maintain, and
integrate more appropriately with the civic functions envisioned for the outdoor space.
Additionally, the wooden trellis structure and landscaping that had been conceptually suggested
to separate the plaza space from the large open lawn to the west, while a wonderful way to
enclose the plaza, also had the negative effect of separating the plaza from the lawn area in large
public events where the open space was deemed very important.
It was therefore determined that a more substantial trellis structure located on the site of the
existing fountain pool, would provide an important public amenity to the Quinlan Center and
was still in keeping with the intent of the concepl: approved by the Council.
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If, in the future, it is desired to partially enclose the plaza space, staff would recommend the
enclosure be provided moxe subtly by the installation of landscaping such as an array of trees
beyond the existing concrete retaining wall.
ANALYSIS
The City publicly opened bids from eight bidders on December 8, 2009 at 2:00 p.m. in the
Community Center. The Apparent Low Bid was provided by B-Side Construction. Following
City procedure, B-Side Construction's Statement of Qualifications was opened and reviewed by
staff and found to be Non-Responsive. Following this conclusion, staff then opened the
Statement of Qualifications for the Second Low Bidder, Comfort Construction Company, and
found them to beNon-Responsive as well.
B-Side Construction failed to include three years of audited financial documents and stated in a
handwritten note on the bid form that they did not have three years of audited financial
documents. This failure is sufficient for automatic disqualification. Their bid documents also
failed to uaclude the proper amount of insurance, required letters from the insurance company,
and had contractor license numbers that did not match the name of company..
Comfort Construction Co. was disqualified because they inserted a mandatory checklist for a
different project and thereby missed the requirement to submit audited financial documents
altogether.
Neither one of the rejected contractors filed a protest within the allotted three day time period.
Following the rejection of the two lowest bidders and the passage of the protest period, staff
reviewed the documents provided by Robert A. Bothman, Inc. and found them to be Responsive
and Responsible in accordance with the State Contract Code. The tabulation of bids, including
the Engineer's Estimate, is provided below. Bothman's bid is well below the Engineer's
Estimate for the base bid work.
Bidder Base Bid
Rodin Builders $298,000.00
Tucker Construction 268,632.00
En 'neer's Estimate 245,000.00
SK Construction 243,000.00
Jos. J. Albanese, Inc. 228,000.00
Blossom Valle Construction, Inc. 222,859.00
Robert A. Rothman, Inc: 214,439:00
Comfort Construction 194,900.00
B-Side Construction 194,055.41
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Bidders also submitted bids to provide four new benches as an Add Alternate. The current
original wooden benches have deteriorated are in need of repair or replacement. The estimated
cost to repair the benches is thought to be quite si~~milar to the cost of accepting the Add Alternate
and it is worth noting that the economic downturn, while providing the City with lower project
construction costs, has also caused many smaller contracting firms to seek work who are not
experienced in performing public work and are r.-ot fully prepared to meet the City's contracting
requirements. The necessary rejection of one or more low bids in this competitive environment,
while unfortunate, is not unexpected.
FISCAL IMPACT
The project budget of $300,000, approved by Council in the 09/10 C1P, is being distributed in
the following categories of work and is still deemed sufficient to complete the project if no
unusual circumstances arise in association with tY-e demolition of the fountain.
Design & Canstruction Management 40,000
Construction plus Add Alternate 223,524
Construction Contingency 36,476
Total Project $300 000
STAFF RECOMMENDATION
Staff recommends that the City Council accepts the low bid of $223,524.00 from Robert A.
Bothman, Inc. and authorize the City Manager to execute the agreement upon receipt of all
necessary insurance and post award documentation, and authorize the Director of Public Works
to use up to $36,476.00 in construction contingency for unforeseen sight conditions and other
project changes that may be necessary to complete the work.
Submitted by:
'~~ Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission to
th ity Council:
David W. Knapp
City Manager
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