In September 2021, General Services reached out to several vendors to seek informal bids to replace the District Attorney windows on the second and third floors due to aging and the windows being non-functional. Two vendors responded and one other was non-responsive. As the department worked through the contracting process the lowest bidder was no longer interested in the project due to the requirement for payment and performance bonds.
General Services was able to contract with the second lowest bidder, Glass West, Inc., and an agreement was executed on March 29, 2022. The initial agreement PO176688 was for $56,442. However, during the project initiation job walk it was determined that the initial quote did not include like for like replacements which is needed to maintain the historic look of the building. The additional cost for the work exceeds the statutory Contract Change Order limits for Public Contracts Code 20142, a duly authorized officer of the County can approve Construction Change Order up to the statutory limit of 10% of the Construction-Price ($5,004) before requiring competitive solicitation, except under certain conditions described below.
The additional cost for the work exceeds the statutory Contract Change Oder limits for Public Contract Code 20137 by $16,019. Changes exceeding the Public Contract Code 20137 limit would ordinarily require competitive bidding. However, under Graydon v. Pasadena Redevelopment Agency (1980) 104.Cal.App.3d 631, competitive bidding is not required where such bidding would be unavailing and impractical and would not produce any public advantage.
For the following reason, competitive bidding (Pursuant to Public Contract Code 20137) for the extra work in this case would not have produced any public advantage, and it is in the County’s and public’s best interest to work with the existing Contractor on the project rather than competitively bidding the project changes.
- Each of the item of the Contract Change Order Work is functionally integrated with the overall project. Glass West was already secured as the vendor and had product on order. It wouldn’t be practical to have a different vendor perform the change order work items because they are integrated with the overall infrastructure of the window being installed.
| Project Expense: |
|
| Glass West, Inc, |
$71,061 |
| Painting |
7,000 |
| Project Coordination Fees |
3,939 |
| Total Expenses: |
$82,000 |
| |
|
| Project Revenue |
|
| Previously ACO |
$65,000 |
| Additional ACO request |
17,000 |
| Total Project Revenue |
$82,000 |
|