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CITY COUNCIL AGENDA ITEM NO. 13



Meeting Date: March 11, 2008
Subject/Title: Adopt a Resolution authorizing City Staff and RGM and Associates to negotiate contracts for Bid Package #5 – Structural Steel and Bid Package #18 – Kitchen for Senior Adult Education Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 522-52300 (Group C).
Prepared by: Poldina Scherff, Recreation Manager

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


RECOMMENDATION
Adopt a Resolution authorizing City Staff and RGM and Associates to negotiate contracts for Bid Package #5 – Structural Steel and Bid Package #18 – Kitchen for Senior Adult Education Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 522-52300 (Group C).

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 Stand, 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 Stand, 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 Stand, 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 Stand 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 Stand, 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 Stand, CIP Project No. 522-52300.

On August 28, 2007, by Resolution 2007-196, City Council accepted the withdrawal of N.E. Carlson’s bid and returned the bid security; awarded the bid and approved and authorized 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 Project No. 522-52280.

On November 13, 2007, by Resolution 2007-262, City Council approved the contract documents, awarding the bid and authorized the City Manager or her designee to execute necessary documents with Bay Cities Paving & Grading, Inc. in the amount of $657,000 including a 10% contingency of $65,700 for Sitework for the Senior Adult Education Center CIP No. 522-52280 and in the amount of $17,000 including a 10% contingency of $1,700 for Sitework for the Aquatic Complex/Concession Stand CIP No. 522-52300 for a total amount of $741,400.

On February 12, 2008, by Resolution 2008-20, City Council approved the Contract Documents, and awarded the Construction Contracts (Exhibit “A”) and authorized the City Manager or designee to execute necessary documents for the Senior Adult Education Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 52300 (Group C) plus 10% contingencies. Reject all bids submitted for Bid Packages #11 – Fire Sprinkler and #12 - Storefront and Glazing and directed staff to re-bid these bid packages.

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 Stand 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 (Group A) has been completed. The second element is the “Sitework” project (Group B) which includes furnishing all labor, materials, equipment, and performing all work necessary and incidental to the Senior Adult Education Center and Aquatic Complex/Concession Stand which is under construction now. The project was advertised (Group C) starting Sunday, January 6, 2008, and project bids were opened for Bid Packages #3 – Concrete, #4 – Masonry, #6 – Carpentry, #7 – Metal Stud & Gypsum, #8 – Mechanical/HVAC, #9 – Plumbing, #10 – Electrical, #11 – Fire Sprinkler, #12 – Storefront & Glazing, #13 – Painting, #14 – Specialty Ceiling, #15 – Casework, #16 Flooring, #17 – Tile (Exhibit “A”) on Tuesday, January 29, 2008. As part of the bid review process, staff determined that two of the bid packages #11 – Fire Sprinklers and #12 – Storefront & Glazing, should be re-bid due to the amount being significantly higher than the engineer’s estimate. City Council authorized the rejection of these bids so a reduced price could be obtained and permission was given to staff to re-advertise and re-bid these packages. No bids were obtained for Bid Package #5 – Structural Steel and Bid Package #18 – Kitchen.
On Sunday, February 3, 2008 the Bid Package #5 – Structural Steel and Bid Package #18 - Kitchen were advertised (Group C) again. Bids were due on Tuesday, February 19, 2008. An addendum was issued to extend the deadline to Friday, February 22, 2008 at 3:00 p.m. and again no bids were received.
RGM and Associates the management contractor and City Staff have made the proper attempts listed above to obtain bids. When no bids are received for construction projects after properly advertising their projects, the Public Contracts Code authorizes cities to negotiate contracts for construction without further compliance with public bidding laws (Public Contract Code §20166). In addition, Section 3.30.070 of the Municipal Code, (Opening of bids and awarding of contract.) provides that if no bids are received, the project may be performed by employees of the city by force account or negotiated contract. Here, no bids were received and staff is recommending that City Council authorize staff to negotiate contracts for Bid Package #5 – Structural Steel and Bid Package #18 – Kitchen.

FISCAL IMPACT
The funds associated with this work are included in the 2007/08-2011/12 Capital Improvement Program which includes the Aquatic Complex/Concession project and the Senior Adult Education Center project. After negotiations, the contracts will be brought back to City Council for final approval and award.





RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING CITY STAFF AND RGM AND ASSOSCIATES TO NEGOTIATE COTNRACTS FOR BID PACKAGE #5 – STRUCTURAL STEEL AND BID PACKAGE #18 – KITCHEN FOR THE SENIOR ADULT EDUCATION CENTER CIP PROJECT # 522-52280 AND AQUATIC COMPLEX/CONCESSION STAND CIP NO. 522-52300 (GROUP C).


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 Amendment 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; and

WHEREAS, on August 28, 2007, by Resolution 2007-196, City Council accepted the withdrawal of N.E. Carlson’s bid and returned the bid security; awarded the bid and approved and authorized the City Manager or designee to execute a Pre-Engineered building design and construction contract and necessary documents with Kimmel Construction, Inc.; and

WHEREAS, on November 13, 2007, by Resolution 2007-262, City Council approved the contract documents, awarding the bid and authorized the City Manager or designee to execute necessary documents with Bay Cities Paving & Grading, Inc. for “Sitework” (Group B); and

WHEREAS, on February 12, 2008, by Resolution 2008-20, City Council approved the Contract Documents, and awarding the Construction Contracts (Exhibit “A”) and authorized the City Manager or designee to execute necessary documents. Reject all bids submitted for Bid Packages #11 – Fire Sprinkler and #12 - Storefront and Glazing and directed staff to re-bid these bid packages; and

WHEREAS, City Council approved the 2007/2012 the CIP budgeting program of which these projects are included; and
WHEREAS, the project was advertised for the remaining bid packages (Group C) starting Sunday, January 6, 2008 no bids were obtained for Bid Package #5 – Structural Steel and Bid Package #18 – Kitchen; and
WHEREAS, the project was advertised again starting on Sunday, February 3, 2008 for Bid Package #5 – Structural Steel and Bid Package #18 - Kitchen. Bids were due on Tuesday, February 19, 2008. An addendum was issued to extend the deadline to Friday, February 22, 2008 at 3:00 p.m. and again no bids were received; and
WHEREAS, when no bids are received for a public construction project after properly advertising the project, Section 20166 of the Public Contracts Code authorizes cities to negotiate contracts for construction without further compliance with public bidding laws; and

WHEREAS, Municipal Code, Section 3.30.070 (Opening of bids and awarding of contract.) provides that “if no bids are received, the project may be performed by employees of the city by force account or negotiated contract”.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that based on the above recitals, staff and RGM and Associates are authorized to negotiate contracts for Bid Package #5 – Structural Steel and Bid Package #18 – Kitchen for Senior Adult Education Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 522-52300 (Group C).
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on March 11, 2008 by the following vote:





 
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