REPORT TO COUNCIL
SUBJECT
Title
Action on Award of Contract for the Montague Park Rehabilitation Project (CE 19-20-04) to Robert A Bothman Construction and Related Budget Amendment
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
and Enhance Community Sports, Recreational and Arts Assets
BACKGROUND
On August 29, 2017, Council approved an Agreement for Design Professional Services with Gates & Associates Landscape Architecture, Inc. (Gates & Associates) for the Montague Park Rehabilitation Project (Project). On June 25, 2019, Council approved the Montague Park and Playground Schematic Design Update and Ordinance No. 2002 in accordance with City Charter Section 714.1 for the Project.
Following Council’s approval of the schematic design, Gates & Associates prepared bid documents (plans, specifications, and engineer’s estimate) for public works bidding of the Project. The Project includes all elements identified during the community input process and shown in the Council approved schematic design, which consists of a new play area providing age-appropriate play structures for ages 2-5 and 6-12, group picnic areas, fitness areas, a half-size basketball court, walkways and hardscape area including both non-pervious and pervious paving materials, preservation of existing meadows and trees, site furnishings, landscaping and irrigation system. The Project also includes renovation of an existing community building to add a restroom, kitchen, and storage facility.
DISCUSSION
In February 2022, a competitive request for bids was published on the City’s bid notification system, BidSync, for construction of the Project. On March 23, 2022, bids for the Project were opened via video conference. Two bids were received, one from Jamestown Advanced Products and one from Robert A Bothman Construction in the amounts of $18,313.36 and $5,634,785, respectively. The Bid Summary is included as Attachment No. 1.
The apparent low bidder, Jamestown Advanced Products (JP), submitted a bid which looked like a supplier’s proposal. The bid package was missing many documents including the required City bid form. Therefore, the bid submitted by JP did not meet the minimum bid requirements and was deemed non-responsive. The bid submitted by the second apparent low bidder, Robert A Bothman Construction, in the amount of $5,634,785, is the lowest responsive bid. The bid is 37.3 percent above the Engineer’s Estimate of $4,104,795.
The bid was prepared in a competitive environment with multiple contractors attending the pre-bid conference, therefore, the bid price reflects the current market condition and pricing. Several factors could have contributed to the bid being higher than the engineer’s estimate. Regionally, there has been an upward trend in industry pricing for some construction components with materials being more expensive and taking longer to obtain. Furthermore, due to COVID-19, there have been more requirements for employers to follow and impacts to the labor force due to worker exposure or testing positive. The project architect, Gates & Associates, has also reviewed and evaluated the bids. Both staff and Gates & Associates recommend awarding the contract as there is no guarantee that re-bidding the Project will produce additional bidders or a substantially lower bid result. Additionally, re-bidding the Project will delay the start of construction.
Robert A Bothman Construction’s bid was reviewed by DPW staff and the City Attorney’s Office 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 begin in summer 2022, with substantial completion anticipated by fall 2023. These dates are subject to change based on the latest issues related to the COVID-19 pandemic and if any unforeseen conditions are discovered during construction. The contract includes prevailing wage requirements.
ENVIRONMENTAL REVIEW
This project being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15302 (c), Replacement or Reconstruction, because the proposal consists of the replacement or reconstruction of existing facilities involving negligible or no expansion of capacity.
FISCAL IMPACT
The Capital Improvement Program Montague Park Enhancement Project (#3184) has a current FY 2021/22 budget of $3,892,940 to rehabilitate existing playground equipment, concrete pathway, turf, landscaping, community building, and other site furnishings and amenities. The approved schematic design (RTC 19-302) included additional improvements based on community input (building expansion, a new half-size basketball court, and new inclusive fitness area), which were not included in the original project budget, and will need additional funding to complete the project.
The current total project cost is $6,896,480, based on the approved schematic design which includes community desired scope items and a 37.3 percent construction cost escalation over Engineering Estimates. The total not-to-exceed construction contract amount of $6,198,264 includes $5,634,785 for construction and $563,479 for a 10 percent construction contingency for potential change orders. Construction accounts for approximately 90 percent of the total Project funding. Using Mitigation Fee Act funds, the recommended budget amendment will increase the Montague Park Enhancement Project budget by $3,003,540, for a total budget of $6,896,480.
Budget Amendment
FY 2021/22
|
Parks and Recreation Capital Fund |
Current |
Increase/ (Decrease) |
Revised |
|
|
|
|
|
|
|
|
|
|
|
Fund Balance |
|
|
|
|
Mitigation Fee Act |
$6,166,105 |
($3,003,540) |
$3,162,565 |
|
|
|
|
|
|
Expenditures |
|
|
|
|
Montague Park Enhancement (CIP # 3184) |
$3,892,940 |
$3,003,540 |
$6,896,480 |
|
|
|
|
|
COORDINATION
This report has been coordinated with the Parks & Recreation Department, the Finance 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. Award the Public Works Contract for the Montague Park Rehabilitation Project (CE 19-20-04) to the lowest responsive and responsible bidder, Robert A Bothman Construction, in the amount of $5,634,785 and authorize the City Manager or Designee to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project;
2. Authorize the City Manager or Designee to execute change orders up to approximately 10 percent of the original contract price, or $563,479, for a total not to exceed amount of $6,198,264; and
3. Approve the following FY 2021/22 budget amendment to increase the Montague Park Enhancement project appropriation by $3,003,540 (from $3,892,940 to $6,896,480) 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: Rajeev Batra, City Manager
ATTACHMENTS
1. Bid Summary