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award of the construction contract to the lowest responsible bidder, Phoenix Electric Company. A bid protest was received from the second low bidder regarding the experience of Phoenix.2 Staff determined that the experience requirement has been met and is recommending award of the contract to Phoenix. Budget Staff recommends that the construction contingency amount for this project be set at approximately 10% of the construction contract in the event that there are issues that arise during the project, such as the potential for internal wiring deterioration in the existing system. Funding and expenditures are presented in Attachment 2. Schedule The proposed schedule for the subject project is as follows: Approval of Plans and Specifications and Award of Contract September 17, 2013 Start of Construction December 2013 End of Construction May 2014 2 The protest alleges that Phoenix did not meet the experience requirements contained within the bid solicitation; specifically that they did not have "direct responsibilities for the preparation of rebate applications and rate changes with PG &E." As per the California Public Contracts Code (PCC), staff gave Phoenix an opportunity to respond to this bid protest. Phoenix provided information about their direct experiences as the general contractor with other city LED projects for which their team, themselves as the general contractor and Tanko Lighting as the subcontractor, included completion of the required PG &E incentive rebate and rate change forms. Staff found that Phoenix compiled information that was used in the PG &E rebate and rate change forms, that they were directly contractually responsible for those projects, and they included Tanko Lighting as a listed subcontractor with this current bid. Under the PCC, Tanko may not be substituted without the City's approval. Phoenix thus has proven that it does posses the required direct experience. Page 3 of 4