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File Number: 14-375 <br />amount is 6% above the engineer's estimate of $82,696. After review of the bids, staff finds it <br />unlikely that a lower cost can be achieved by rebidding the work without compromising the <br />objectives of the project. <br />A bid protest was filed by the second low bidder, Alex Kushner General Contractor. The bid <br />protest asserts that omission of an addenda acknowledgement, the low bidder's lack of public <br />works experience, and that the low bidder did not list a subcontractor to complete the carpet <br />installation, renders the low bid non-responsive. After technical and legal review of the bid <br />and the bid protest, staff determined that the omission of the addenda acknowledgement <br />signature was not a material defect as to render the bid non-responsive; the bidder meets the <br />licensing and bonding requirements for the project - both of which mitigate concerns regarding <br />experience; and bidders were not required by the specifications or by law to list <br />subcontractors who will not perform greater than one-half of one percent of the amount of the <br />prime contractor's bid, or if the prime contractor elects to self -perform the work. Here, Frisco <br />Pro Builders represents that it is capable and will self -perform the carpet installation work. For <br />these reasons, the bid protest is without merit and is rejected. <br />Previous Actions <br />On July 21, 2014, by Resolution Number 2014-087, the City Council rejects all bids for the <br />first advertisement of the Marina Community Center (MCC) Storefront Window Replacement <br />Applicable General Plan Policies <br />This project is consistent with General Plan Goal No. 52.07 to provide for the ongoing <br />maintenance of City -owned facilities. <br />Environmental Review <br />This project is categorically exempt from CEQA per Section 15301(c) - Existing Facilities. <br />Summary of Public Outreach Efforts <br />This project was posted on the City's website and advertised in the Daily Review on July 30, <br />2014. Notification of this bid opportunity was also sent to local Builder's Exchanges as well as <br />contractors who registered with the City to be informed of bidding opportunities. <br />Code Compliance Review <br />A City of San Leandro Building Permit will be obtained for this work. <br />Fiscal Impacts <br />Total project cost is anticipated to be $124,500; including project contingencies and City staff <br />design and construction management costs. <br />Budget Authority <br />City of San Leandro Page 2 Printed on 9130/2014 <br />