REPORT TO COUNCIL
SUBJECT
Title
Action on Award of Contract for the Westwood Oaks Park Playground Rehabilitation Project to Robert A. Bothman Construction and Related Budget Amendments
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
Enhance Community Sports, Recreational and Arts Assets
BACKGROUND
Westwood Oaks Park is located at 460 La Herran Drive and is bounded by residential homes on three sides except for eastside park frontage on La Herran Drive. The Park was constructed in 1961 and since then has been operating without any major improvements. The 2018 Kitchell Facility Condition Assessment Report identified existing playground and site amenities as in critical condition and in need of rehabilitation.
On July 6, 2021, City Council approved an Agreement with Gates and Associates Architecture, Inc. (Gates) for the first phase of the Westwood Oaks Park Playground Rehabilitation (Project), which included conducting a detailed site and facility condition assessment, technology needs assessment, ADA evaluation, community outreach, and preparing an overall site specific plan and schematic design for the playground rehabilitation. On April 19, 2022, City Council approved the Westwood Oaks Park Master Plan Update, the playground schematic design, and Measure R Ordinance as well as Amendment No. 1 to the agreement with Gates to complete the second phase of the Project. The efforts provided by Gates include preparing bid documents (plans, specifications, and engineer’s estimate - PS&E) for public works bidding, assisting with obtaining necessary permits, and providing engineering support services during bid and construction.
The Project as approved generally consists of improvements such as landscaping and irrigation, a half-size basketball court, site furnishings, lighting, utilities, a concrete loop path, and new/expanded accessible age-appropriate play areas.
DISCUSSION
In April 2023, a competitive Request for Bids (RFB) for construction of the Project was published on the City’s bid notification system, Periscope S2G. The RFB was viewed by over 64 vendors, including contractors, suppliers, plan rooms, and builder exchanges, among others. Additional vendors were able to view the RFB as members of various plan rooms and builder exchanges. Staff also reached out directly to contractors and vendors who had viewed similar past projects.
On May 18, 2023, bids for the Project were opened via video conference. Four bids were received ranging from $2,767,000 to $3,667,777. The Bid Summary is included as Attachment 1. The lowest bid was submitted by Robert A. Bothman Construction (“Bothman”) in the amount of $2,767,000. Bothman’s bid was reviewed by staff for compliance with the terms and conditions of the bid documents and has been determined to be a responsive and responsible bid. Staff recommends awarding the construction contract to Robert A. Bothman Construction.
Award of contract will enable construction of the Project to commence with substantial completion anticipated in fall 2024. The date may be subject to change based on, if any, unforeseen conditions are discovered during construction. The contract includes prevailing wage requirements.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of the CEQA Guidelines:
• Section 15302 (Class 2 - Replacement or Reconstruction): The project would replace and reconstruct existing facilities on the same site and with substantially the same purpose and capacity as the structure replaced.
• Section 15303 (Class 3 - New Construction or Conversion of Small Structures): The project will construct limited numbers of new, small facilities or structures and equipment. The proposal would expand the existing playground area by approximately 6,600 square feet and put new playground equipment in the existing park.
• Section 15304 (Class 4 - Minor Alterations to Land), and 15304(b) (Class 4(b) - replacement of existing landscaping with water efficient landscaping): The project would make minor alterations in the condition of land, water and/or vegetation which do not involve the removal of healthy, mature scenic trees, and would include the replacement of existing conventional landscaping with water efficient landscaping. The proposal would remove the unhealthy eucalyptus trees and entry trees that have structural issues and replace them with drought-tolerant species.
FISCAL IMPACT
The approximate cost of the contract is $2,767,000, plus a 15 percent contingency of $415,050 for any potential change orders, for a total not-to-exceed contract amount of $3,182,050. Staff recommends including the 15 percent contingency to cover any potential unforeseen issues that may arise when working with existing park infrastructure.
Partial funding of $1,833,384 is available in the Westwood Oaks Park Playground Rehabilitation project in the Parks Capital Fund. Staff recommends a budget amendment to increase the project budget by $1,421,000 from Mitigation Fee Act funds, for a total budget of $3,254,384. The amendment includes the remaining amount needed to fully fund the construction contract and approximately $72,000 for other miscellaneous project costs, such as permitting, printing, and special inspection.
Budget Amendment
FY 2023/24
|
Parks and Recreation Capital Fund |
Current |
Increase/ (Decrease) |
Revised |
|
|
|
|
|
|
Fund Balance |
|
|
|
|
Mitigation Fee Act |
$13,538,446 |
($1,421,000) |
$12,117,446 |
|
|
|
|
|
|
Expenditures |
|
|
|
|
Westwood Oaks Park |
$1,833,384 |
$1,421,000 |
$3,254,384 |
|
Playground Rehabilitation |
|
|
|
COORDINATION
This report has been coordinated with the Finance Department, Parks & Recreation Department, and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Determine the project to be exempt from CEQA under Public Resources Code Section 15302 (Class 2 Categorical Exemption); Section 15303 (Class 3 Categorical Exemption); and Section 15304 (Class 4 Categorical Exemption);
2. Award the Public Works Contract for the Westwood Oaks Park Playground Rehabilitation Project to the lowest responsive and responsible bidder, Robert A. Bothman Construction, in the amount of $2,767,000 and authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project, in final forms approved by the City Attorney;
3. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $415,050, for a total not-to-exceed amount of $3,182,050 funded by the Parks and Recreation Capital Fund; and
4. Approve the following FY 2023/24 budget amendment in the Parks and Recreation Capital Fund to increase the Westwood Oaks Park Playground Rehabilitation project appropriation by $1,421,000 and decrease the Parks and Recreation Capital Fund Mitigation Fee Act fund balance by the same amount (five affirmative Council votes required for the use of unused balances).
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Bid Summary