AgdaPkt 2010-02-08 - Laserfiche WebLink

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6.1F Bid Protest Page 2 The city received a letter dated January 2, 2010 from Redwood Engineering Construction protesting the bid submitted by McNabb Construction, Inc. Redwood Engineering Construction alleged that the apparent low bid submitted by McNabb Construction, Inc. did not list any subcontractor, and that the specification has strict requirements for the installation of the shade structure. Staff recommends dismissing the bid protest for the reason that McNabb Construction, Inc. has stated in writing to the city that it has all the qualifications required to install the shade structure and therefore, does not have any subcontracts on this project with a dollar amount greater than one half of one percent of the total bid price. The project specification required shade structure submittals to be included with the bid, Both McNabb Construction, Inc. and Redwood Engineering Construction failed to include the submittal with the bid. However, this failure can be waived as a minor irregularity as the omission is considered immaterial. Submittals will be accepted upon award of this contract. AL TERNA TIVES Council may reject all bids and direct staff to repeat the public bidding process which may delay the work of this project. FISCAL IMPACT Funds have been previously appropriated for this project as Capital Improvement Fund- - Red Morton Park Covered Picnic Area Replacement which has an available balance of $109,289.33. Additionally required funds in the amount of $77,393.00 may be provided for this project via approved budget transfer from the Capital Improvement Fund - Contingency which has an available balance of $1,888,282.00. Balances are as of December 31, 2009. S. eter Vorametsanti. PEt CFM City Engineer ~~~ Chu Chang, PEt LEED AP Building. Infrastructure, and Transportation Department Director Peter Ingram City Manager ATTACHMENTS None RELATED DOCUMENTS IN CITY CLERK'S OFFICE 1. Contract Documents 2. Bid Documents