ITEM TITLE:
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Consider: (1) waiving paragraph (A)(4)(a) of City Code Section 10-1-108 for the time to accept bids and instead apply the requirements set forth in Section 111 of the Public Competitive Bidding Act of 1974, and (2) for good cause shown [to include having to hold two public input sessions and allocate additional funding from the CIP] and in accordance with Section 111, extend by mutual written agreement through May 9, 2023, the time to award the proposed Amendment No. 2 Guaranteed Maximum Price (GMP) to the contract with Construction Manager At-Risk CMS Willowbrook, Inc. for Project EN2004A City Hall Renovation Main Building Package.
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INITIATOR: Director of Engineering, Joseph Painter, P.E.
STAFF INFORMATION SOURCE: Director of Engineering - Joseph Painter, P.E.; Timothy Wilson - Deputy City Attorney
BACKGROUND: Development of design and construction drawings by MA+ Architecture, LLC for this project was authorized by Council on September 28, 2021. Construction drawings and specifications for this project are complete. On May 10, 2022, council authorized an agreement with CMS Willowbrook, Inc. (CMS) to serve as Construction Manager At-Risk for this project. Council approved Amendment 1 to the contract with CMS on August 23, 2022, to establish the Guaranteed Maximum Price (GMP) for the Early Paving and HVAC Unit purchase portion of this project. The parking lot construction portion of this project is complete, and delivery of HVAC units is estimated for June 2023.
The Main Building portion of this project consists of renovations to approximately 35,500 SF of the existing building space. Renovation will take place on the first, second, third and fourth floors and includes demolition, framing, plumbing, electrical and room finishes. The estimated construction time required for this phase of the contract is 19 months from Notice to Proceed. On December 13, 2022, Council approved the design and authorized solicitating bids for the Main Building Package portion of the project. Bid opening was held on February 8, 2023. CMS presented the results of the bid opening to Council on March 28, 2023. Council considered and reviewed this item again at a Special Meeting on May 2, 2023. As a result of these reviews Staff recommends approving Amendment No. 2 to include all items as bid except Alternate 7 (Drive-thru Building Steel Frame) and Alternate 10 (Additional 1 Year Maintenance Bond).
Under paragraph (A)(4)(a) of City Code Section 10-1-108, public construction contracts must be awarded within 30 days after the opening of bids unless council, by formal recorded action and for good cause shown, provides for a reasonable extension of that period, which extension period shall not in any event exceed 15 days. Section 111 of the Public Competitive Bidding Act of 1974 has similar language, but was amended in 2015 to also provide that “upon mutual written agreement between the lowest responsible bidder or bidders and the awarding public agency, the Division or awarding public agency may extend the contract award period no more than one hundred twenty (120) days from the bid opening date. In this instance the awarding of the contract has been delayed in part by having to hold two public input sessions and allocate additional funding from the CIP. CMSWillowbrook has submitted a signed statement acknowledging the ability provided in state law to extend the awarding of contracts up to 120 from the date of bid opening and further stated that it “agrees to honor our Amendment No. 2, as submitted, through May 9, 2023.”
EXHIBIT: 1. Signed May 4, 2023 statement from CMSWillowbrook (proposed written extension agreement); 2. City Code Section 10-1-108; 3. 61 O.S. §111
KEY ISSUES: N/A
FUNDING SOURCE: Propel FY23 (2019 CIP)
STAFF RECOMMENDED COUNCIL ACTION: Waive paragraph (A)(4)(a) of City Code Section 10-1-108 for the time to accept bids and instead apply the requirements set forth in Section 111 of the Public Competitive Bidding Act of 1974, and (2) for good cause shown [to include having to hold two public input sessions and allocate additional funding from the CIP] and in accordance with Section 111, extend by mutual written agreement through May 9, 2023, the time to award the proposed Amendment No. 2 Guaranteed Maximum Price (GMP) to the contract with Construction Manager At-Risk CMS Willowbrook, Inc. for Project EN2004A City Hall Renovation Main Building Package.