Item Coversheet
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER

AGENDA REPORT
 
Item 10.
TO:Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities
Elizabeth Nava, Director of Recreation & Community Services
SUBJECT:AWARD OF CONSTRUCTION CONTRACT FOR THE JOHN ANSON FORD PARK REGIONAL AQUATICS CENTER IMPROVEMENTS (CIP NO. 3888) (CDBG PROJECT NO. 602095-19)
DATE:January  22, 2024
RECOMMENDATION:
It is staff’s recommendation that the City Council by motion: 

1. Award a Construction Contract to Bernards Bros. Inc. for the John Anson Ford Park Regional Aquatics Center Improvements; CIP 3888; CDBG Project No. 60295-19;

2. Authorize the City Manager to execute the Construction Contract, subject to City Attorney approval as to form; and

3. Authorize the City Manager to approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 6% of the Construction Contract.  
BACKGROUND/DISCUSSION:

On August 24, 2023, the City released a Request for Qualifications (RFQ), pursuant to Public Contract Code §20101, to prequalify general contractors wishing to bid on the John Anson Ford Park Regional Aquatics Center Improvements (the “Project”).  Four (4) Statements of Qualifications (SOQs) were received from prospective bidders by the submittal deadline on September 21, 2023.

The four SOQs were reviewed to ensure all mandatory requirements of the RFQ were met. The SOQs  were  further  reviewed  by  an  Evaluation  Committee  (Committee) comprised of the Director of Public Works/Facilities, Director of Recreation & Community Services, and representatives from Ardurra, the Project’s Construction Management and Inspection firm, and RJM Design Group (RJM), the Project’s designer.  Based on the Committee’s evaluation, all respondents to the RFQ were deemed by the Committee to be responsive and qualified. 

On November 13, 2023, the City Council determined that the following contractors were qualified to bid on the Project and approve the following Prequalified Prospective Bidders List (PPBL) listed in alphabetical order: 

• Balfour Beatty Construction, LLC (Newport Beach, CA)
• Bernards Bros. Inc. (San Fernando, CA)
• Morillo Construction Inc. (Pasadena, CA)
• S.J. Amoroso Construction Co., LLC (Costa Mesa, CA)

On November 13, 2023, the City Council also approved the plans and specifications and authorized staff to solicit bids for the Project from the prospective bidders listed on the PPBL.  The Project scope of work includes the removal of an unpermitted underground storage tank; abatement of asbestos and lead based paint of the existing building; coordination to disconnect the power from the pool building and temporarily connect the existing Recreation Office building; demolition of the existing pool building, pool walls, landscape and hardscape; preliminary site grading and final grading; erosion and stormwater pollution control; installation of temporary construction fencing; construction of a new ADA-compliant aquatics center building that includes a lobby, check-in and administrative offices, restrooms with lockers and showers, family changing rooms, pool mechanical room, new pool storage room, new mechanical room, new electrical room, storage room, lifeguard room, and a fitness center; construction of competition swimming pool, activity pool, therapy pool, pool deck, piping, equipment and finishes as shown on the plans; installation of new shade structures, bleacher seating, performance stage, terraced lawn seating, outdoor fireplace, perimeter walls, low walls, site hardscape paving, monument sign wall, site lighting, fencing, gates, tree and shrub plantings, irrigation, fencing, lighting and all other items shown and identified in the Project plans and specifications. The total contract period for the Project is Three Hundred Sixty (360) working days.

On November 15, 2023, the Notice Inviting Sealed Bids (NISB) was provided to the prospective bidders listed on the PPBL, was posted on the City’s website, and was published in the local newspaper of general circulation (the Daily Journal) on November 23, 2023, and November 30, 2023, in accordance with Public Contract Code § 20164.

On January 16, 2024, the City received a total of three (3) bid proposals for the Project by the bid deadline, which were publicly opened.  The bid summary is illustrated below:

 

Bidder

Bid Amount

Bernards Bros. Inc.

$26,334,000

S.J. Amoroso Construction Co., LLC

$27,857,000

Morillo Construction, Inc.

$28,577,000

 
Staff and the City’s consultants, Ardurra and Michael Baker International, conducted an analysis of the apparent lowest bidder, Bernards Bros. Inc. (“Bernards”).  This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. Bernards’ license is current and active and reference checks revealed that Bernards’ previous projects were completed satisfactorily. Bernards’ Department of Industrial Relations (DIR) Registration was also reviewed and deemed satisfactory. Bernards signed and submitted all required forms, provided a project announcement to the local community, and performed Section 3 outreach during the bidding phase. It has been determined that Bernards is the lowest responsive and responsible bidder. Therefore, staff recommends awarding a Construction Contract to Bernards for a total contract amount of $26,334,000.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment.  Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15302, Class 2 (Replacement or Reconstruction), since the Project consists of the replacement or reconstruction of an existing facility where the new facility will be located on the same site as the facility being replaced, and will have substantially the same purpose and capacity.  A Notice of Exemption was prepared and filed with the L.A. County Registrar-Recorder’s Office.

Pursuant to the National Environmental Policy Act (NEPA), Title 24, Section 58.35 of the U.S. Code of Federal Regulations (CFR) lists various categories of projects that are “excluded” from the detailed analysis of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS), including rehabilitation of buildings and improvements when two conditions are met: (a) the facilities and improvements are in place and will not be changed in size or capacity by more than 20 percent; and (b) the activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another (24 CFR § 58.35(a)(3)(iii)). The Project is within this category because the 50-meter pool and ancillary buildings will be reconstructed on the same footprints as the existing structures, and the new therapy pool does not expand the facility’s capacity by more than 20 percent.  The U.S. Department of Housing and Urban Development (HUD) has jurisdiction over the NEPA environmental documentation process for HUD Community Project Funding, which is being used to partially fund the Project.  For categorically excluded projects, HUD requires that the grant recipient show that the Project does not exceed a set of thresholds. A Part 58 Environmental Assessment Form (Assessment Form) was prepared to substantiate the use of a Categorical Exclusion from NEPA requirements for the Project.  The Assessment Form is on file with the City.


CONCLUSION:
If the Construction Contract is awarded, staff will process the Construction Contract for signatures and coordinate a pre-construction meeting. 
FISCAL IMPACT:

The Project will be partially funded with $6 million from a Land and Water Conservation Fund grant from State Parks, $4 million from L.A. County Supervisor Janice Hahn, $2 million from a Local Assistance Specified Grant from former Assembly Member Cristina Garcia, $1.5 million from HUD Community Project Funding from former Congresswoman Lucille Roybal-Allard, and $3.17 million in CDBG funds.  The total amount of grants currently allocated for the Project is $16,670,000.  A total of $14,600,000 from the general fund has been appropriated for the Project, for a total Project budget of $31,270,000.

 

The estimated total Project expenditures are as follows:

 

Design (RJM Design Group)

$1,045,100

Labor Compliance (Michael Baker International)

$224,200

Construction Management & Inspection (Ardurra)

$2,040,400

Construction Cost (Bernards)

$26,334,000

Construction Contingency (6%)

$1,563,000

Publication & Misc. Costs

$1,200

TOTAL ESTIMATED PROJECT COST

$31,270,000

 

Staff will continue to seek outside funding sources to minimize the impact to the general fund.
 
ATTACHMENTS:
Description
Exhibit 1 - Construction Contract
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney
Manuel Carrillo, Director of Finance and Administrative Services