Marin Transit approves $3.7M contract for bus lot with solar canopy

Marin Transit plans to create a bus parking lot with solar canopies and battery storage in San Rafael.

The project will place 45 bus parking stalls and two solar canopies on the north side of a lot at 3010 and 3020 Kerner Blvd. The project will include two electric vehicle chargers and a battery storage facility. Conduit will be installed along the edge of the property for installation of chargers in the future.

“The goals of the project here were to create parking for as many vehicles as possible,” said Anna Penoyar, capital projects manager at Marin Transit. “We wanted to make it ready for future fleet electrification.”

The Marin Transit board voted unanimously on Dec. 2 to authorize the $3.67 million contract with Ghilotti Bros Inc. of San Rafael to construct the project.

However, work cannot proceed until the Federal Transportation Authority responds to an appeal from Bauman Landscape and Construction, a contractor who submitted a project bid.

Penoyar said Marin Transit advertised for bids on Sept. 16. The agency received four responses, but determined that the bid from Bauman Landscape and Construction was not sealed. According to public contracting code, an open bid cannot be accepted.

Bauman Landscape and Construction submitted a base bid amount of $2.97 million for a total bid of $3.16 million, which is lower than the bid submitted by Ghilotti Bros.

Bauman submitted a bid protest last month, disputing that it bid was unsealed and requesting reconsideration. Marin Transit reviewed the matter and affirmed its decision.

Bauman filed its appeal with the Federal Transit Authority last month.

Nancy Whelan, the general manager of Marin Transit, said the FTA will be looking for a few things.

“One is that we actually have a bid protest procedure in place and that we are following it,” Whelan said. “Secondly, if the bid protest is a matter of federal concern, and we don’t believe that there is any reason that they would find that there is federal concern.”

Whelan said the review could take a few months.

The FTA has only responded that its legal counsel is reviewing the appeal. If the agency determines that the protest is valid, Whelan said, Marin Transit might consider reissuing its invitation for bids, essentially reopening the bid process.

“Until we get a response from FTA, we don’t know exactly what our next step will be,” Whelan said.

Because Bauman’s bid was determined to be unacceptable, Ghilotti Bros. Inc., which submitted the next lowest bid, was determined to be the “lowest responsible bidder.”

The bid was still 31% higher than the engineer’s estimate, Penoyar said.

Staff determined that the engineer’s estimate might not have fully accounted for the extra costs associated with the Buy America Act requirement for the project, which requires governments to favor U.S.-made products and materials in its purchases, Penoyar said.

Additionally, staff determined that the site was complicated by bay mud with a high water table, making it difficult to install solar footings. These issues contributed to the higher costs, Penoyar said.

Penoyar said the agency wants construction to begin early next year and be done by the end of the year.

Marin County Supervisor Eric Lucan, a member of the Marin Transit board, said he hopes the FTA will act quickly so construction can commence.

“Knowing that it could take a long time, it makes sense the recommendation you brought forward to proceed and award the contract as laid out in the staff report,” Lucan said at the meeting.

The project is related to but different from the larger-scale plan for an electric bus hub at the nearby 3.5-acre lot at 1075 Francisco Blvd. East.

Marin Transit has made progress on its plans for that project. The agency has closed escrow on the approximately $14 million purchase of the former car sales lot.

Marin Transit is developing a community engagement plan to present to the board by no later than March 31.