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 CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: August 28, 2007

Subject/Title: Adopt a Resolution accepting the withdrawal of N.E. Carlson’s bid and return of the bid security; awarding the bid and approving and authorizing the City Manager or designee to execute a Pre-Engineered Building Design and Construction Contract and necessary documents with Kimmel Construction, Inc. in the amount of $774,722.00 including a 10% contingency of $77,472.20 for a total amended amount of $852,194.20 for the Senior Adult Education Center CIP No. 522-52280.

Prepared by: Poldina Scherff, Recreation Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution accepting the withdrawal of N.E. Carlson’s bid and return of the bid security; awarding the bid and approving and authorizing the City Manager or designee to execute a Pre-Engineered Building Design and Construction Contract and necessary documents with Kimmel Construction, Inc in the amount of $774,722.00 including a 10% contingency of $77,472.20 for a total amended amount of $852,194.20 for the Senior Adult Education Center CIP No. 522-52280.

PREVIOUS ACTION
On May 27, 2003, City Council adopted the 2003/2008 CIP budgeting program of which this project is included and named Aquatic Center Community Services Facility.

On January 27, 2004, by Resolution No. 2004-26, City Council approved the start of design effort for the Community Center Replacement project located at the Aquatic Complex and authorized staff to expend $55,000 to begin the process.

On May 25, 2004, City Council adopted the 2004/2009 CIP budgeting program of which these projects are included.

On June 8, 2004, by Resolution No. 2004-135, City Council approved the contract with RGM and Associates for construction management services of the project known as the Recreation Facility, CIP Project No. 522-52280 and the Aquatic Complex/Concession, CIP Project No. 522-52300.

On May 23, 2006, by Resolution No. 2006-126, City Council adopted the 2006/07 – 2010/11 Capital Improvement Program (CIP), which included the Recreation Facility, CIP Project No. 522-52280 and the Aquatic Complex / Concession, CIP Project No. 522-52300.

On June 27, 2006, by Resolution 2006-149, City Council approved and authorized the City Manager to execute Amendment No. 1 to the Agreement with RGM and Associates for construction management services reducing the current contract value from $355,300 to $125,680, including a 10% contingency of $12,568, for a new total amount of $138,248, which reflects construction management services for the project known as the Recreation Facility (Civil), CIP Project No. 522-52280 and the Aquatic Complex/Concession, CIP Project No. 522-52300.

On April 17, 2007, Planning Commission Resolution No. 07-034 of the City of Brentwood approved a two-year time extension for a concession building, parking area, and landscaping associated with the Brentwood Family Aquatic Complex.

On April 17, 2007, Planning Commission Resolution No. 07-037 of the City of Brentwood approved a design review for the development of an 8,375 square foot Senior Adult Education Center and associated landscape improvements.

On June 12, 2007, by Resolution 2007-126, City Council adopted the 2007/08 – 2011/12 CIP, which included the Aquatic Complex/Concession and Senior Adult Education Center projects.

On July 24, 2007, by Resolution 2007-168, City Council approved and authorized the City Manager to execute Amendment No. 3 to the Agreement with Quattrocchi Kwok Architects for Phase I construction documents, bidding serves construction administration of $40,000 and Phase II design development drawings and specifications for awarding a design-build contract, and construction documents through close-out of $180,000 including a 10% contingency of $22,000 for a total amount of $242,000 for the Senior Adult Education Center CIP Project No. 522-52280 and the Aquatic Complex/Concession, CIP Project No. 522-52300.

On July 24, 2007, by Resolution 2007-169, City Council approved and authorized the City Manager to execute Amendment No. 2 to the Agreement with RGM and Associates changing the name of the Recreation Facility CIP Project No. 522-52280 to the Senior Adult Education Center CIP Project No. 522-52280, and to increase for two projects the current contract value for construction management services from $138,248 to $425,499 including a 10% contingency of $42,549.90, for a total amended amount of $468,048.90 for the Senior Adult Education Center CIP Project No. 522-52280 and the Aquatic Complex/Concession, CIP Project No. 522-52300.

BACKGROUND
Staff began working with Quattrocchi Kwok Architects and RGM and Associates as directed by City Council on January 27, 2004. Staff has subsequently received direction to modify the project previously referred to as the “Recreation Facility” CIP project, to construct the “Senior Adult Education Center CIP Project No. 522-52280 and Aquatic Complex/Concession CIP Project No. 522-52300”. As pricing for the services of pre-construction and construction oversight services has changed, staff amended the agreement dated June 8, 2004 with Quattrocchi Kwok Architects and RGM and Associates. This project is a multi-prime project with the first major element of construction being the pre-engineered construction design and construction contract. The project includes the design and installation of the structural frame, metal roof, and composite wall panel. Staff worked with the architect and construction management team to initiate the design and bid of this portion of the work. The project bids were opened on August 16, 2007 with four contractors submitting bids. The lowest bid submitted requested relief due to an arithmetic error. The City acknowledged the receipt and we are recommending acceptance of the withdrawal and the return of the bid security. In accordance with Public Contract Code Section 5105, N.E. Carlson will not be eligible to participate in further bidding for this project if City Council allows the withdrawal.
The apparent responsive responsible next lowest bid was submitted by Kimmel Construction, Inc. in the amount of $774,722.00. RGM and Associates reviewed the bid and compared it to the original budget and it is within the range included in the project contingency for this scope of work. It is staff’s recommendation to award the contract to Kimmel Construction, Inc. and move forward with the project. Staff continues to work toward the completion of the remaining design and anticipates bidding the parking lot and landscaping in late August 2007 with the remaining sections to be bid in the fall. Staff anticipates project completion to occur in fall of 2008.

FISCAL IMPACT
There is no fiscal impact associated with this work as the project budget submitted and approved in the recently adopted 2007/08-2011/12 Capital Improvement Program includes the funding for this work. No budget modifications are required at this time.

Attachments:
Resolution
CIP Project Budget Sheet
Site Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE WITHDRAWAL OF N.E. CARLSON’S BID AND RETURN OF THE BID SECURITY; AWARDING THE BID AND APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PRE-ENGINEERED BUILDING DESIGN AND CONSTRUCTION CONTRACT AND NECESSARY DOCUMENTS WITH KIMMEL CONSTRUCTION, INC. IN THE AMOUNT OF $774,722.00 INCLUDING A 10% CONTINGENCY OF $77,472.20 FOR A TOTAL AMMENDED AMOUNT OF $852,194.20 FOR THE SENIOR ADULT EDUCATION CENTER, CIP PROJECT NO. 522-52280.

WHEREAS, on May 27, 2003, City Council approved the 2003/2008 CIP Program which this project was included and named Aquatic Center Community Service Facility; and

WHEREAS, on January 27, 2004, City Council approved the start of design for the Recreation Facility project and authorized staff to expend $55,000 to begin the process; and

WHEREAS, on May 25, 2004 City Council adopted the 2004/2009 CIP budgeting program of which these projects were included; and

WHEREAS, on April 17, 2007 City Council approved a two-year time extension for a concession building, parking area, and landscaping associated with the Brentwood Family Aquatic Complex; and

WHEREAS, on April 17, 2007 the design review for the Senior Adult Education Center was approved by the Planning Commission; and

WHEREAS, on July 24, 2007 City Council approved Amendment No. 2 to the Agreement with RGM and Associates and Quattrocchi Kwok Architects Ammendment No. 3 for the Senior Adult Education Center, CIP Project No. 522-52280 and for the Aquatic Complex/Concession, CIP Project No. 522-52300, and change the name of the Recreation Facility CIP Project No. 522-52280 to Senior Adult Education Center CIP Project No. 522-52280.

WHEREAS, City Council approved the 2007/2012 the CIP budgeting program of which these projects are included; and

WHEREAS, upon approval, staff will construct the project as a multi prime project; and

WHEREAS, four bids were submitted on August 16, 2007 and the lowest bidder, N.E. Carlson requested relief from the bid due to arithmetic error; and

WHEREAS, Kimmel Construction, Inc. submitted the next responsive responsible low bid in an amount of $774,722.00

NOW THEREFORE BE IT RESOLVED that the City Council accepts the withdrawal of N.E. Carlson’s bid and the return of the bid security and awards the pre-engineered building design and construction contract for the Senior Adult Education Center to Kimmel Construction, Inc. further authorizes the City Manager to execute the design and construction contracts and necessary documents and change orders within a 10% contingency in the amount of $77,742.20 for a total authorized amount of $852,194.20.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 28, 2007 by the following vote:

 

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