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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: November 18, 2008

Subject/Title: Adopt a Resolution Rejecting the Bid of R.W. Painting for Bid Package No. 3 (Tackable Panels and Painting) as Non-responsive and Approving the Contract Documents, Awarding the Bids and Authorizing the City Manager or Designee to Execute Construction Contracts and Necessary Documents for the Library Relocation Project, CIP No. 337-37194, for Bid Packages #2 - #9 for $387,268, Plus a 10% Contingency of $38,726.80, for a Total Amount of $425,994.80 and Authorize the Director of Finance and Information Systems to Facilitate Internal Loans for the Library Relocation Package

Prepared by: Gail Leech, Management Analyst

Submitted by: Karen Chew, Assistant City Manager

RECOMMENDATION
Adopt a Resolution Rejecting the Bid of R.W. Painting for Bid Package No. 3 (Tackable Panels and Painting) as Non-responsive and Approving the Contract Documents and approving the Contract Documents, Awarding the Bids and Authorizing the City Manager or Designee to Execute Construction Contracts and Necessary Documents for the Library Relocation Project, CIP No. 337-37194, for Bid Packages #2 - #9 for $387,268, Plus a 10% Contingency of $38,726.80, for a Total Amount of $425,994.80 and Authorize the Director of Finance and Information Systems to Facilitate Internal Loans for the Library Relocation Package.

PREVIOUS ACTION
On November 13, 2007, by Resolution No. 2007-269, City Council 1) endorsed the Civic Center Conceptual Plans; 2) endorsed the City Hall and Community Center Building Plans; 3) endorsed the History Walk concept as one of the Required Art Components of the Civic Center; and 4) directed staff to proceed with this project to design development.

On February 26, 2008, LPA, Inc. gave a presentation to City Council on milestones and critical decision points for the Civic Center project. The purpose was to inform City Council of when they would be required to make decisions that will affect the progress of the project.

On May 13, 2008, by Resolution No. 2008-115, City Council approved the Swinerton Management and Consulting contract for Construction Management services for the Civic Center Project.

On May 13, 2008, by Resolution No. 2008-116, City Council approved Staff’s recommendation for the type of fountain and the trees for the Civic Center Plaza.

On May 13 2008, by Resolution No. 2008-117, City Council endorsed the City Park Master Site Plan.

On May 13, 2008, City Council continued the issue of consideration of a Resolution directing staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center and directed staff to bring back a budget analysis for the costs associated with moving the library.

On May 27, 2008, by Resolution No. 2008-136, the City Council adopted the 2008/09-2012/13 Capital Improvement Program.

On June 10, 2008, City Council directed staff to pursue the temporary space for the interim library at the annex building.

On August 26, 2008, by Resolution No. 2008-219, City Council authorized the City Manager to execute an agreement with Devcon Construction Incorporated for construction management services related to the construction of the interim library at the Oak Street Annex.

On August 26, 2008, by Resolution No. 2008-220, City Council approved the Mitigated Negative Declaration for the Brentwood Civic Center project; by Resolution No. 2008-221, approved the General Plan amendment (GPA 07-02) to change the land use designation on a portion of the Civic Center site from Park to Downtown (mixed use); by Resolution No. 2008-222, approved a Downtown Specific Plan amendment to add the Brentwood Civic Center District Zone, create site development standards and permitted uses for the new district zone, and re-designate City Park, the adjacent Maple Street and Third Street and two City-owned parcels to the new district zone; and by Resolution No. 2008-223, approved a summary vacation for portions of Maple Street and Third Street.

On October 14, 2008, by Resolution No. 2008-249, City Council approved the contract documents, awarded the bid and authorized the City Manager to execute a construction contract and necessary documents with Enterprise Roofing Service, Inc. for Bid Package #1, Re-roofing work associated with the Library Relocation project, CIP No. 337-37194, and adopted Resolution 2008-251 amending the CIP Budget Sheet for the Library Relocation project.

BACKGROUND
As directed by City Council on May 13, 2008, staff began the design work for the Interim Library at the Oak Street Annex. LPA has completed the design of this interim library and construction started in mid-October. The first major elements of the project were the re-roofing work over 104 Oak Street and the early work construction package in 118 Oak Street that were approved by City Council on October 14, 2008, and began on October 29, 2008.

The bid process was an informal process because the budgets on the bid packages were under the formal bid threshold. Project bids for bid packages # 2 through # 9 were opened on October 29, 2008. A total of 27 bids were received. Of these 27 bids, 16 were from Brentwood vendors. The other 11 were from Livermore, Tracy and Stockton areas. The bids were reviewed and the lowest responsible bids were selected. Due to a favorable bidding climate, the bids came in more than $100,000 under budget.

The contracts being awarded this evening are for:

Bid Package # 2 Demolition
Bid Package # 3 Tackable Panels and Painting
Bid Package # 4 Rough Carpentry, Non-Bearing Steel Framing, Gypsum Board, Acoustical Insulation
Bid Package # 5 All Trades – Asphalt Slurry Coat, parking Striping, Plastic Laminate Cabinets, Building Insulation, Hollow Metal Doors and Frames, Stile and Rail Wood Door and Frames, Door hardware, Glazing, Carpet, Carpet Tiles, Signage, Fire Extinguisher Cabinets, Library Drop Boxes, Baby Changing Station, Window Film
Bid Package # 6 Library Stack Systems
Bid Package # 7 Mechanical
Bid Package # 8 Electrical
Bid Package # 9 Acoustical Ceilings

The bids received were:

Bid Package # 2 - Demolition

1. Delta Demolition Contractors Inc. $16,105.00
2. W.C. Maloney, Inc. $24,685.00

Staff recommends the award of the contract for Bid Package # 2 to Delta Demolition Contractors Inc., in the amount of $16,105.00, plus a 10% contingency of $1,610.50 for a total amount of $17,715.50.

Bid Package # 3 - Tackable Panels and Painting


1. R.W. Painting $ 4,710.00
2. Turman Commercial Painters $10,003.00
3. Apex Painting $20,833.00

Since R.W. Painting’s bid did not include pricing for all of the bid items, staff recommends rejecting the bid of RW Painting as non-responsive and award the contract for Bid Package # 3 to Turman Commercial Painters, in the amount of $10,003.00, plus a 10% contingency of $1,000.30 for a total amount of $11,003.30.

Bid Package # 4 – Carpentry

1. Melloni Construction, Inc. $19,920.00
2. Watkins MidCall Drywall, Inc. $23,885.00
3. Taylor Drywall, Inc. $29,427.00

Staff recommends the award of the contract for Bid Package # 4 to Melloni Construction, Inc. in the amount of $19,920.00, plus a 10% contingency of $1,992.00 for a total amount of $21,912.00.

Bid Package # 5 – All Trades

A. Carpet and Flooring

1. D. S. Baxley, Inc. $14,988.00
2. King Carpet Services $15,826.00
3. McCurley’s Abbey Carpet $17,980.00
4. Melloni Construction, inc. $55,123.00

Staff recommends the award of the contract for Bid Package # 5, Carpet and Flooring, to D.S. Baxley, Inc., in the amount of $14,988.00, plus a 10% contingency of $1,498.80 for a total amount of $16,486.80.

B. Insulation, Glazing, Etc. (All trades)

1. Alcal-Arcade $4,375.00
2. F. Rodgers Corp. $6,387.00
3. Melloni Construction, Inc. $9,816.00

Staff recommends the award of the contract for Bid Package # 5, Insulation to Alcal-Arcade, in the amount of $4,375.00, plus a 10% contingency of $437.50 for a total amount of $4,812.50.

C. Laminate Cabinets

1. Melloni Construction, Inc. $32,362.00

Staff recommends the award of Bid Package # 5, Laminate Cabinets, to Melloni Construction, Inc., in the amount of $32,362.00, plus a 10% contingency $3,236.20 for a total amount of $35,598.20.

D. Doors, Frames, Etc.

1. Melloni Construction, Inc. $49,657.00

Staff recommends the award of the contract for Bid Package #5, Doors, Frames, Etc., to Melloni Construction, Inc., in the amount of $49,657.00, plus a 10% contingency of $4,965.70 for a total amount of $54,622.70.

E. Signage (Includes asphalt and striping)

1. Melloni Construction, Inc. $29,421.00

Staff recommends the award of the contract for Bid Package #5, Signage, to Melloni Construction, Inc., in the amount of $29,421.00, plus a 10% contingency of $2,942.10 for a total amount of $32,363.10.

Bid Package # 6 – Library Stack Systems

1. Ross McDonald Co., Inc. $62,560.00
2. BMH Equipment, Inc. $94,930.00
3. Hopley Co., Inc. $95,200.00


Staff recommends the award of the contract for Bid Package # 6, to Ross McDonald Co., Inc. in the amount of $62,560.00, plus a 10% contingency of $6,256.00 for a total amount of $68,816.00.

Bid Package # 7- Mechanical

1. A Quality Heating and Air $38,922.00
2. Skelton Heating and Air $54,850.00

Staff recommends the award of the contract for Bid Package # 7, to A Quality Heating and Air, in the amount of $38,922.00, plus a 10% contingency of $3,892.20 for a total amount of $42,814.20.

Bid Package # 8 – Electrical

1. Rodda Electric $ 96,382.00
2. Miller Electric $146,691.00

Staff recommends the award of the contract for Bid Package # 8, to Rodda Electric in the amount of $96,382.00, plus a 10% contingency of $9,638.20 for a total amount of $106,020.20.

Bid Package # 9 - Acoustical


1. Dean’s Acoustical $12,573.00
2. Ad-In Inc. $24,985.00

Staff recommends the award of the contract for Bid Package # 9 to Dean’s Acoustical, in the amount of $12,573.00, plus a 10% contingency of $1,257.30 for a total amount of $13,830.30.

Upon Council approval of these contracts, construction work will commence on November 24th and is anticipated to be completed in March 2009. The library will be moved over upon completion of construction.

Pursuant to our contract with Devcon Construction, Inc., the Construction Manager At-Risk on the project, all of the awarded contracts will be assigned to Devcon upon Council approval. The exceptions to this are the contracts for Melloni Construction, Inc and Delta Demolition, Inc. The City will hold these contracts for Devcon in order to avoid conflict with their union agreements.


FISCAL IMPACT
The contract amount for bid packages 2 – 9 is $387,268.00, plus a 10% contingency of $38,726.80 for a total amount of $425,994.80. The funds associated with this work are included in the adopted 2008/09-2012/13 Capital Improvement Program, which includes the Library Relocation Project, CIP Project #337-37194.

The funding of the Library Relocation project is contingent upon the issuance of bonds. The condition of the financial credit markets and the City’s ability to bond with reasonable interest rates will play a major role in determining the timing of the bond issuance. In the interim, staff will initiate the requisite internal loans to allow commencement of the Library Relocation project.


Attachments:
Resolution
Contracts



RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REJECTING THE BID OF R.W. PAINTING FOR BID PACKAGE NO. 3 (TACKABLE PANELS AND PAINTING) AS NON-RESPONSIVE AND APPROVING THE CONTRACT DOCUMENTS, AWARDING THE BIDS AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE CONSTRUCTION CONTRACTS AND NECESSARY DOCUMENTS FOR THE LIBRARY RELOCATION PROJECT, CIP NO. 337-37194, FOR BID PACKAGES #2 - #9 FOR $387,268, PLUS A 10% CONTINGENCY OF $38,726.80, FOR A TOTAL AMOUNT OF $ 425,994.80 AND AUTHORIZE THE DIRECTOR OF FINANCE AND INFORMATION SYSTEMS TO FACILITATE INTERNAL LOANS FOR THE LIBRARY RELOCATION PROJECT

WHEREAS, On November 13, 2007, by Resolution No. 2007-269, City Council 1) endorsed the Civic Center Conceptual Plans; 2) endorsed the City Hall and Community Center Building Plans; 3) endorsed the History Walk concept as one of the Required Art Components of the Civic Center; and 4) directed staff to proceed with this project to design; and

WHEREAS, on February 26, 2008, LPA, Inc. gave a presentation to City Council on milestones and critical decision points for the Civic Center project. The purpose was to inform City Council of when they would be required to make decisions that will affect the progress of the; and

WHEREAS, on May 13, 2008, by Resolution No. 2008-115, City Council approved the Swinerton Management and Consulting contract for Construction Management services for the Civic Center Project; and

WHEREAS, on May 13, 2008, by Resolution No. 2008-116, City Council approved Staff’s recommendation for the type of fountain and the trees for the Civic Center Plaza; and

WHEREAS, on May 13 2008, by Resolution No. 2008-117, City Council endorsed the City Park Master Site Plan; and

WHEREAS, on May 13, 2008, City Council continued the issue of consideration of a Resolution directing staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center and directed staff to bring back a budget analysis for the costs associated with moving the library; and

WHEREAS, on May 27, 2008, by Resolution No. 2008-136, the City Council adopted the 2008/09-2012/13 Capital Improvement Program; and

WHEREAS, on June 10, 2008, City Council directed staff to pursue the temporary space for the interim library at the annex building; and

WHEREAS, on August 26, 2008, by Resolution No. 2008-219, City Council authorized the City Manager to execute an agreement with Devcon Construction Incorporated for construction management services related to the construction of the interim library at the Oak Street Annex ; and

WHEREAS, on October 14, 2008, by Resolution No. 2008- 249, City Council approved the contract documents, awarded the bid and authorized the City Manager to execute a construction contract and necessary documents with Enterprise Roofing Service, Inc. for Bid Package #1, Re-roofing work associated with the Library Relocation project, CIP No. 337-37194, and adopted Resolution 2008-251 amending the CIP Budget Sheet for the Library Relocation project; and

WHEREAS; the bid process was an informal process. Project bids for bid packages # 2 through # 9 were opened on October 29, 2008. A total of 27 bids were received. The bids were reviewed and the lowest responsible bids were selected; and

WHEREAS, pursuant to our contract with Devcon Construction, Inc., the Construction Manager At-Risk on the project, all of the awarded contracts will be assigned to Devcon upon Council approval. The exceptions to this are the contracts for Melloni Construction, Inc and Delta Demolition, Inc. The City will hold these contracts for Devcon in order to avoid conflict with their union agreements.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby:

1. Approves the contract documents for bid package #2, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Delta Demolition Contractors, Inc. in the amount of $16,105.00, plus a 10% contingency of $1,610.50, for a total amount not to exceed $17,715.50; and

2. Rejects the bid of R.W. Painting for bid package #3 as non-responsive and approves the contract documents for bid package #3, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Turman Commercial Painters in the amount of $10,003.00, plus a 10% contingency of $1,000.30, for a total amount not to exceed $11,003.30; and

3. Approves the contract documents for bid package #4, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Melloni Construction, Inc. the amount of $19,920.00, plus a 10% contingency of $1,992.00 for a total amount not to exceed $21,912.00; and

4. Approves the contract documents for bid package #5 (Carpet and Flooring), awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with D.S. Baxley, Inc., in the amount of $14,988.00, plus a 10% contingency of $1,498.80 for a total amount not to exceed $16,486.80; and

5. Approves the contract documents for bid package #5 (Insulation, Glazing, etc.), awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Alcal-Arcade in the amount of $4,375.00, plus a 10% contingency of $437.50 for a total amount to exceed $4,812.50; and

6. Approves the contract documents for bid package #% (Laminate Cabinets), awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Melloni Construction, Inc. in the amount of $32,362.00, plus a 10% contingency of $3,236.20, for a total amount not to exceed $35,598.20; and

7. Approves the contract documents for bid package # 3 (Doors, Frames, etc.) awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Melloni Construction, Inc. in the amount of $49,657.00, plus a 10% contingency of $4,965.70 for a total amount not to exceed $54,622.70; and

8. Approves the contract documents for bid package #5 (Signage), awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Melloni Construction, Inc. in the amount of $29,421.00, plus a 10% contingency of $2,942.10 for a total amount not to exceed $32,363.10; and

9. Approves the contract documents for bid package #6, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Ross McDonald, Inc. in the amount of $62,560.00, plus a 10% contingency of $6,256.00 for a total amount to exceed $68,816.00; and

10. Approves the contract documents for bid package # 7, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with A Quality Heating and Air in the amount of $38,922.00, plus a 10% contingency of $3,892.20 for a total amount not to exceed $42,814.20; and

11. Approves the contract documents for bid package #8, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Rodda Electric in the amount of $96,382.00, plus a 10% contingency of $9,638.20 for a total amount not to exceed $106,020.20; and

12. Approves the contract documents for bid package #9, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents with Dean’s Acoustical in the amount of $12,573.00, plus a 10% contingency of $1,257.30 for a total amount not to exceed $13,830.30.

13. Authorize the Director of Finance and Information Systems to facilitate internal loans for the library relocation project.


PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 18th day of November 2008 by the following vote:
 
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