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<br />/./F-Z <br /> <br />Bids for the above-referenced project were opened in the City Hall, Engineering & <br />Construction (public counter - Maps & Records area) Wednesday, February 23. 2005, <br />and are summarized below. <br /> <br />Rank Bidder Amount <br /> <br />1. McGann Associates, Inc. - San Leandro, CA $753,663.00 <br />2. Federal APO - HayWard. CA $799,497.06 <br /> <br />The low bid of $753,663.00 is .48% higher than the Engineer's Estimate of $750,000. <br />The bid of McGann Associates, Inc. is considered reasonable and responsive. <br /> <br />The second low bidder, Federal APO. has filed a formal protest that has been reviewed <br />by Engineering staff and legal counsel. The protest claimed that the City did not <br />comply with its own bid procedures and did not provide material information that <br />affected their bid. Specifically, Federal APO alleged that the City did not address all <br />the questions that they formally requested through the design architect. Upon review of <br />the questions submitted by Federal APO, the architect and the attorney believe that all <br />the questions were either addressed in Addendum No.1 or were addressed in the <br />contract documents, and were not considered necessary to be further interpreted or <br />clarified. <br /> <br />Therefore, Federal APO ("FAPD") has not established that the City failed to comply with <br />its bid procedures, or to provide material information. A letter was sent to Federal APD <br />on April 8, 2005, informing them that staff would recommend rejection of their protest <br /> <br />Based on the information submitted by Federal APO, staff recommends that the City <br />Council/Agency Board reject the protest. <br /> <br />A copy of the Agreement is available for review in the City Clerk's office. <br /> <br />Alternative <br />1 . Reject all bids, revise the contract documents as necessary. and re-advertise the <br />project (this poses a problem in that the architect does not believe that there are <br />significant design changes that would materially change the cost of the project) <br /> <br />2. Do not proceed with the project, which in turn would not be in compliance with the <br />Redevelopment Agency's/City's plans for redeveloping the Oowntown, and would <br />violate the Agreement with the Oeveloper for the "On Broadway" development. <br /> <br />Fiscal Impacts <br />Funds in the amount of $840,000 are <br />Improvement Program for this project. <br /> <br />Æ~ß~~ <br /> <br />~ Lee G/ <br />Senior Civil En . <br /> <br />appropriated. in the Redevelopment Capital <br />/ <br />~/"~4' //f¡ ~ <br /> <br />S'usan Moeller <br />Redevelopment, Housing, Economic <br />Development Director ;¡' <br />\ .--1/./(/,(.. /'/ <br />~..::::::::zL. .' \.... . '"'\... ~ <br />Ed Everett <br />City Manager <br /> <br /> <br />BLss <br />SlIibrary/reports/brian/2005/Award_Procuring & Installing Parking Control System <br /> <br />Page 2 of 2 <br />