Item Coversheet

Santa Barbara Unified School District


Item Title:Denial of Bid Protest by McGillivary Construction, Inc. and Approval of Contract Award to Western Group, Inc. for Restroom Building & Site Improvements (Part A) and Paving Improvements (Part B) at Peabody Charter School
Agenda Title:Denial of Bid Protest by McGillivary Construction, Inc. and Approval of Contract Award to Western Group, Inc. for Restroom Building & Site Improvements (Part A) and Paving Improvements (Part B) at Peabody Charter School
Background:
As part of the proposed Measure R 2010 projects for Peabody Charter School an additional restroom and accessible street access are required. This project is mandated as part of our Mitchum Lawsuit Settlement and ADA Transition Plan. The Board approved the relocation of portable 31 to make room for the restroom and that work has been accomplished. The street access has been temporarily closed and will reopen at the conclusion of the project. Paving improvements, Part B, is required for accessible path of travel to existing portable classrooms. 
 
A mandatory pre-bid conference was held at 10:30 AM on January 29, 2013 in response to public advertisement. Nine contractors attended the pre-bid conference and bids were opened at 10:00 AM on February 19, 2013. A bid tabulation sheet is attached. The district has received a bid protest and after reviewing all correspondence and consultation with legal counsel, my department is recommending an award Western Group Incorporated. Written correspondence between the district and the contractors is attached. Written concurrence and recommendation from legal counsel was not available in time to be included in the agenda but will be available at the Board meeting.     
Recommendation:That the Board Deny the Bid Protest by McGillivary Construction, Inc. and Approve a Contract Award to Western Group, Inc. for Restroom Building & Site Improvements (Part A) and Paving Improvements (Part B) at Peabody Charter School
Resource Person:David J Hetyonk, Director of Facilities & Operations
Fiscal Impact:$670,000 + a 10% contingency.   
Funding Source:Measure R 2010 bond funds, fund 26

ATTACHMENTS:
File Name
Peabody_RR___Walkway_Bid_Tab.pdf
20130305155704810.pdf