Resolution 14082CITY OF ALAMEDA RESOLUTION NO. 14082
AUTHORIZING OPEN MARKET NEGOTIATION OF CONTRACT
PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER
AND PURCHASE OF A MODULAR RECREATIONAL BUILDING AND
SITE IMPROVEMENTS AT BAYPORT, PROJECT NO. 83140100, AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO SUCH AN
AGREEMENT (REQUIRES FOUR AFFIRMATIVE VOTES)
WHEREAS, on January 4, 2006, City Council approved Agreement
between the Alameda Unified School District and the City of Alameda for Use
and Development of Real. Property at the Ruby Bridges K -8 School and Park
site in the Bayport Residential Development Project; and
WHEREAS, on January 17, 2006, City Council authorized a call for bids
for the Bayport Park and Community Building Project No. 83140100 with
modification of the base bid to include the community building component as an
additive alternate; and
WHEREAS, on March 9, 2006, bids were opened and all three additive
alternate component bids to construct the community building exceeded the
engineers estimate of $600,000; and
WHEREAS, following a bid protest on the park base bid on April 4, 2006,
City Council authorized re- biding both components of the park and community
building as separate project; and
WHEREAS, on April 5, 2006, a call for bids for the community building
was properly advertised, and a mandatory pre -bid meeting held on April 13,
2006, with a sole bid received on May 4, 2006, and
WHEREAS, the sole bid exceeded the $600,000 engineer's estimate by
approximately $240,000, the bid was rejected by City Council on June 20, 2006
with authorization to re -bid the community building following substantial
completion of the park component of the project; and
WHEREAS, on January 16, 2007, a second call for bids for the
community building was properly advertised, mandatory pre -bid meeting held
on January 25, 2007, and another sole bid received on February 20, 2007, and
WHEREAS, this new sole bid also exceeded the $600,000 engineer's
estimate by approximately $1,000,000; and
WHEREAS, Bayport project revenues in the amount of $600,000 are
budgeted and will only be available to fund construction of the community
building until December 2007(the estimated date of completion and closeout of
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the CIC's project obligations under the existing DDA which governs the Bayport
Residential Development project); and
WHEREAS, a reduction in the scope of work and open market
negotiations with a contractor that will provide a modular building is required to
avoid a delay in project completion and utilization of Bayport project revenues
in a timely manner; and
WHEREAS, Section 3 -15 of the City Charter provides that the City
Council, by four affirmative votes, can authorize an open market negotiation if it
determines that great necessity or emergency requires immediate action; and
WHEREAS, because any further delay will likely cost the City both by the
loss of funding and further expenses related to the process of re- bidding without
the guarantee that the project will be within the budget appropriated,
NOW, THEREFORE, BET IT RESOLVED that the City Council of the
City of Alameda finds that great necessity requires that immediate action be
taken negotiate the contract for the modular community building and related site
improvements at Bayport.
BE IT FURTHER RESOLVED by the City Council of the City of Alameda,
pursuant to Section 3 -15 of the City Charter, and by four affirmative votes, the
City Manager, in cooperation with the Development Services and Recreation
and Parks Departments, is hereby authorized to enter into open negotiations of
contract for the modular community building and related site improvements at
Bayport, Project No. 83140100, and authorizing the City Manager to enter into
such an agreement for a not to exceed amount of $600,000, including a 10%
Contingency.
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I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 17th day of April 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 18th day of April, 2007.
Lara Weisiger, City CI
City of Alameda