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SR-417-007 (23) . , .. tj / 7-tJO r f.t,.r MAk B 1988 , ./ GS:SES:DA - 03/01/88 (5) Council Meeting: March 8, 1988 Santa Monica, California TO: Mayor and City Council FROM: city Staff SUBJECT: Resolution Waiving Competitive Bidding and Authorizing the city Manager to Negotiate and Execute ~ontract for Improvements to Parking structure No. 5 Introduction This report requests the adoption of the attached resolution waiving competitive bidding and authorizing the City Manager to negotiate and execute a contract for the improvements to Park~ng Structure No.5. Background On August 12, 1986, the City council approved The Third street Mall Specific Plan which includes revitalizing The Mall area through implementat10n of design standards, an operation and maintenance program, upgrading and expanding the downtown parking structures and a financing program. As part of Phase I of the Plan, Parking Structure No. 5 located at 1440 Fourth Street is to be expanded to provide 300 new parking spaces and commercial/ reta~l space on the ground floor along Fourth street. The Improvements to Parking structure No. 5 was initially advertised on October 22 and 23, 1987. Five bids were received on December 4, 1987, ranging from $6,490,000.00 to $4,920,335.00. The low bid was approximately $1.0 million over budget. As a result, the CJ.ty Council rejected these bids at a meeting held ~.., tM\R 8 1988 'l. GS:SES:DA - 03/01/88 (5) council Meeting: March 8, 1988 December 8, 1987, and directed staff to redesign and rebid the project. Redesign of the project included revisions to the type of structural system and material specifications. All the functional elements as well as the facade of the proj ect were kept intact. The Improvements to Parking structure No. 5 was re-advertised on January 11 and 12, 1988. On February 16, 1988, three bids were received. The low bid was $3,800,801.00 and the high bid was $4,723,000.00. The low bid was slightly under budget, however the bidder asked to be relieved of its bid because of a clerical error made during bid preparation. At a meeting held on February 23, 1988, the City Counc11 relieved the low bidder of the bid due to a clerical error as provided by section 5100 et. seg. of the state Public Contract Code, and rejected the remaining bids due to insufficient project funds. After bidding the project twice, staff believes that the project can be built for approximately $4,000,00.00 exclusive of contingencies and project administration. To bid the project a third time without any changes in scope is inadvisable because 1) contractors are reluctant to rebid since bids have been rejected ~n two consecutive instances, and 2) if any bids are received they may aga1n be too high. Staff is confident that it can negotiate a contract which will be within the estimated cost and project budget. section 608 of the Charter of the C1ty of Santa Monica allows for the declaration by city Counc~l to contract for Public GS:SES:DA - 03/01/88 (5) council Meeting: March 8, 1988 Works in the open market if, subsequent to advertising and b1dding, the work may be so purchased at a lower price. Staff recommends that the City Council make such a finding. Budget/Financial Impact Funds are available in the amount of $3,848,056.53 at Account No. 01-720-263-000-920. At such time when the final contract is negotiated, contingencies defined, and contract administration costs determined, staff will request an additional appropriation from interest earned on the Mall Certif~cates of partlcipation proceeds. Recommendatlons It is recommended the City Council: (1) Adopt the attached resolution waiving competitive bidding of Improvements to Parking structure No.5; (2) Authorize the city Manager to negotiate and execute a contract for the construction of Improvements to parking Structure No. 5 with interested qualified firms in the open market; and (3) Authorize the city Engineer to issue any necessary change orders to complete additional work ~n conformance with the Administrative Instructions. Prepared by: stan Scholl, Director of General Services Desi Alvarez, City Engineer Attachment: Resolution GS:jldl09/hpc city council Meeting 3-8-88 Santa Monica, California RESOLUTION NUMBER (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE IMPROVEMENTS TO PARKING STRUCTURE NO. 5 ON THE OPEN MARKET THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. section 608 of the Santa Monica Charter authorizes the City council to release a public works project for bidding on the open market if, after rejecting bids, the city Council determines that, in its opinion, the materials, supplies, or work may be so purchased or performed at a lower price on the open market or with city employees. SECTION 2. On December 8 19 JD, and again on F~bruary 23 , 19~, the city council rejected all bids presented for improvements to Parking Structure No. 5 on the ground that the bids were too costly. SECTION 3. In accordance with Santa Monica charter Section 608, the city Council declares and determines that, in its opinion, the public work improvements to Parking structure No. 5 may be performed more economically if purchased in the open market, and waives competitive bidding for the improvements to - 1 - -- Parking Structure No. 5 and authorizes the City Manager to negotiate and execute a contract on the open market. SECTION 4. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~~ ROBERT M. MYERS City Attorney - 2 - -