HomeMy WebLinkAbout8.5 Fallon Sports Prk Ph1�b ' —i�
CITY CLERK
File # 0161IN61-E15-1
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 17, 2009
SUBJECT:
Fallon Sports Park Phase I, Contract #09 -02 — Award of Contract
Report Prepared by Diane Lowart, Parks and Community Services
Director and Paul S. Rankin, Administrative Services Director
ATTACHMENTS: 1)
Bid Results
2)
Fallon Sports Park Phase I Plan
3)
Analysis of Cash Flow Available In Public Facility Fee Fund
4)
Optional Resolutions Depending On Action
a) Resolution of Award — Base Bid; or
b) Resolution of Award — Base Bid and Alternates; or
c) Resolution Rejecting All Bids and Deferring Project
RECOMMENDATION: 1)
Receive report and presentation related to available funding and
impact on other projects based on projections that scheduled
projects will exceed available Public Facility Fee funds;
2)
Determine whether to proceed with the award of the project at this
V
time or to defer the project.
a) If the decision is to proceed with the bid award the City Council
will need to determine the following:
i) Determine whether any of the identified bid alternates will be
included in the project;
ii) Authorize Staff to loan funds if necessary from the General
Fund to the Public Facility Fee Fund with interest.
iii) Adopt Resolution Awarding Contract No. 09 -02 Fallon Sports
Park Phase One (Base Bid) - Attachment 4(a); or adopt
Resolution Awarding Contract No. 09 -02 Fallon Sports Park
Phase One (Base Bid and Alternates) - Attachment 4(b).
b) If the decision is to defer the project, adopt Resolution Rejecting
All Bids for Contract Number 09 -02 Fallon Sports Park Phase One
and Deferring Project - Attachment 4(c)
3)
Provide Staff with direction on the proposal to delay additional work
on the Emerald Glen Recreation and Aquatic Center.
-------------------------------------------------------------------------------------------------------------
COPY TO: Bidders; Parks & Community Services Commission
Page 1 of 8 (``' /J
ITEM NO. . S
H: \CC- MTGS\FALLON SPORT PK AWARD ITEM 3_17_09 \3 -17 Fallon Sports Park Awardpsr (5).doc
FINANCIAL STATEMENT: The Total Proiect Cost (including Design, Construction
Management, Inspection, Utility Fees and Construction) in the
Adopted Budget and Capital Improvement Program is as follows:
FY 2008/09 FY 2009/10 TOTAL
Design /Construction Management
Inspection/Utility Fees $ 1,235,673 $ 587,955 $ 1,823,628
Construction Contract
Improvements
Improvements Artificial Turf
Sub -Total
GRAND TOTAL
$ 3,086,487
$ 8,412,975 $11,499,462
1,120,000
1,120,000
$ 4,206,487
$ 8,412,975 $ 12,619,462
$ 5,442,160
$ 9,000,930 $12,619,462
The Engineer's estimate of the Construction Contract including a 10% contingency was $12,714,594.
After a five -week bid period, on March 2, 2009 the City received ten bids; the complete results are listed
in Attachment #1. All of the bids were below the $12:7 million estimate. Of the ten bids received the low
bid was provided by Robert A. Bothman, Incorporated with a base bid of $9,273,800. The following is a
summary of the base bid with a 10% contingency.
Robert A. Bothman, Incorporated — Base Bid: Low Bid
Includes Synthetic Turf Soccer Fields
10%
Contingency
TOTAL
Improvements Base Bid $ 8,252,336
$ 825,234
$ 9,077,570
(Funded by Public Facility Fees)
Improvements Base Bid Synthetic Turf Soccer Fields
(Funded By Non Public Facility Fee Source) 1,021,464
102,146
1,123,610
TOTAL BASE BID $ 9,273,800
$ 927,380
$10,201,180
DESCRIPTION: At the City Council meeting on January 20, 2009, the City Council
authorized Staff to advertise for bids on the Fallon Sports Park, Phase I. Staff indicated that additional
information would be presented at the time of the Bid award related to an on -going assessment of
potential cash flows available in the Public Facility Fee Fund, which could affect the bid award
recommendation and / or the schedule for other projects funded with Public Facility Fees.
As shown in Attachment 2, the Fallon Sports Park, Phase I includes the following elements as part of the
base bid:
• Softball and Little League Fields — Two regulation size adult softball fields (lighted) and two little
league fields. At both locations a restroom with concession space will be provided.
• Soccer Fields — Two lighted regulation soccer fields.
• Basketball and Tennis Courts — Four lighted basketball courts and four lighted tennis courts are
placed on either side of the vehicular entrance.
• Pedestrian Circulation — A portion of the pathway system with connection points that allow for
loop circulation.
• Parking and Street Frontage Improvements — A parking lot with 225 spaces and street frontage
improvements along Fallon Road from Gleason Drive to Fire Station #18.
• BMX Facility Rough Grading — A portion of the site will be graded for a BMX course.
Page 2 of 8
BID ALTERNATES
As part of the bid package, alternates were included to provide options to make minor changes to the
project at a known cost at the time of the bid opening. Deductive alternates would be deducted from the
base bid; additive alternates would be added to the base bid. Although several combinations are possible,
Staff has presented the - alternates in two groupings. The first grouping deals with the Artificial Turf
options and the second grouping addresses Alternates #3 -6. The alternate bid items are described below
and include cost impacts based on the low bid proposal from Robert A. Bothman, Incorporated.
Bid Alternates #1 -2:
The first two alternates provided options related to the synthetic turf. Option #1 allows the City to acquire
the synthetic turf under a separate contract. Staff has determined there is no cost savings to that option.
Alternate #2 provides for the elimination of the synthetic turf fields and the planting of natural turf.
1) Deduct Synthetic Turfgrass — Contract Reduction (- $727,810) This alternate is not
recommended. The purpose of this alternate was to provide an option that would allow the City
to purchase the carpet and infill portion of the synthetic turfgrass system through California
Multiple Award Schedules (CMAS) separate from the construction contract. The pricing through
CMAS as compared to the contract price is nearly the same. Therefore it is recommended that
this alternate not be included in the contract.
2) Deduct Synthetic Turfgrass and Add Natural Turfg ass — Contract Reduction (- $626,110)
Option for City Council consideration. On March 4, 2008, the City Council authorized
including an alternate in the bid specifications, the inclusion of synthetic turfgrass on two soccer
fields. The City Council also designated $1.12 million from Fiscal Year 2006/2007 contribution
to General Fund Reserves to fund this enhancement from a source other than Public Facility
Fees. This item is included to provide some flexibility in awarding the contract. The total cost
of the synthetic turf fields is within the reserve established.
Cost Impact Of Alternate #2 On Base Bid
Deduct Cost of Synthetic Turf Soccer Fields
Optional
and Install Natural Grass
Base Bid Deduct
10%
TOTAL
Alternate
Contingency
Contract — Improvements Base Bid
$ 9,273,800
$ 927,380
$10,201,180
Alternate #2
(626,1191
(62,611)
(688,721)
TOTAL Including Deductive Alternate 2
$ 9,273,800 $ 626,110
$ 864,769
$ 9,512,459
Bid Alternates #3 -6:
Alternates #3 and #4 are additive alternates that resulted from input from sports league representatives
during the design phase. Alternates #5 and #6 resulted from community and design input related to
pedestrian improvements suggested during the preparation of the park plans.
3) Add Shade Structure at Soccer Field — Contract Increase +$76,580 Option for City Council
consideration. This element was not part of the original master plan and was included at the
request of the representatives of the local soccer league. Upon review of the construction
documents, this element can be added at a later phase of park development.
4) Add Batting Cage at Little League Field — Contract Increase +$47,100 Option for City
Council consideration. This element was not part of the original master plan and was included
Page 3 of 8
at the request of Dublin Little League. Upon review of the construction documents, this element
can be added at a later phase of park development.
5) Add Pedestrian Lighting from Entry at Fallon Road & Gleason Drive to Little League Fields -
Contract Increase +$69,060 Staff recommends including this alternate in Phase 1 if it is a
desired amenity. This element was not part of the original master plan but would provide a
lighted pedestrian connection from the park to the neighborhoods to the north. If this was added
with a later phase of park development, the trenching for conduit and pole installation along the
sloped pathway and surrounding improvements would cause significant damage. Therefore, if
the City Council desires this amenity as part of the Park, Staff recommends it be added to the
base bid.
6) Add Pedestrian Walkway Bridge Over Stream Corridor Parallel To Lockhart Street —
Contract Increase +$103,820 Option for City Council consideration. This element is part of
the original master plan. A seventy foot wide stream corridor runs parallel to the western edge of
the park along Lockhart Street. A pedestrian bridge was planned to provide secondary access in
addition to the main driveway entrance. As part of the delay in the start of construction of the
Sorrento East (Regent) development, the sidewalks along Lockhart Street leading to the bridge
may be installed later than originally anticipated. Upon review of the construction documents,
this element can be added at a later phase of park development.
Cost Impact Of Base Bid And Alternates #3 -# 6 (Includes Synthetic Turf Soccer Fields)
Base Bid Plus Additive Alternates #3 - #6
Base Bid
Optional
Additive 10%
Alternate Contingency
TOTAL
Contract — Improvements Base Bid
$ 9,273,800
$ 927,380
$10,201,180
Alternate #3 — Shade Structure
76,580 7,658
84,238
Alternate #4 — Batting Cage
47,100 4,710
51,810
Alternate #5 — Pedestrian Lighting
69,060 6,906
75,966
Alternate #6 — Pedestrian Bridge
103,820 10,382
114,202
TOTAL Including Alternates #3 - #6
$ 9,273,800
296,560 $ 957,036
$10,527,396
If the City Council chooses to proceed with construction and award the bid, the desired bid alternates will
also need to be specified as part the action. Attachment 4(b) contains a Resolution that will allow the City
Council to specify which Alternates are to be included in the bid award.
OVERVIEW OF AVAILABLE FUNDING — PUBLIC FACILITY FEES
The major funding source for the Fallon Sports Park project is Public Facility Fees collected from new
Development. The continued decline in development related revenue was a consistent message as part of
the Transmittal Letter in the 2008 -2013 Five Year Capital Improvement Program (CIP), and reinforced in
the Fiscal Year 2008 -2009 Budget Message and subsequent reports to the City Council.
In the course of development the collection of Public Facility Fees occur at two points in time: 1) Park
Land components are collected at the time that a Final Map is approved containing residential lots. In
some cases land has been dedicated by the Developer who then receives a credit against future fees. 2)
Additional fees are collected as a Building Permit is issued. Fees collected at Building Permit reflect non-
land costs including park improvement costs, public buildings, etc. Public Facility Fees are used to
construct community facilities on a "Pay -As- You -Go" basis.
Page 4 of 8
In the current economic recession the City has seen significant deterioration in development fees as well
as general operating revenues. The following is a five year snapshot of Public Facility / Park Dedication
Revenue and Expenditures from Fiscal Year 2004/2005 through Projected Fiscal Year 2008/2009. For
each of the past three years the Fees and Interest earned on these funds has declined, from a high of over
$10 million in Fiscal Year 2005/2006 to a projection of slightly over $1 million in the current Fiscal Year.
Five -Year Trend Public Facility Fee / Park Dedication Funding
(FY 2008/09 Expenditures Assume Fallon Park Phase 1 Bid Is Awarded With Alternates 3 -6)
Actual Fiscal
Actual Fiscal
Actual Fiscal
Actual Fiscal
Projected
Year
Year
Year
1
Year
Fiscal Year
2004/2005
2005/2006
2006/2007
2007/2008
2008/2009
Beginning Balance $6,972,740 $9,650,948 $11,416,480 $9,343,597 $7,700,329
Fees & Interest $8,931,360 $10,927,043 $5,945,434 $2,895,216 $1,090,306
Expenditures ($6,253,152) ($9,161,511) ($8,018,317) ($4,538,484) ($5,977,178)
Ending Balance $9,650,948 $11,416,480 $9,343,597 $7,700,329 $2,813,457
PUBLIC FACILITY FEES PROJECTED AS AVAILABLE FOR FALLON PARK PROJECT
Attachment 3 provides an update of potential Public Facility Fee Revenues and Projects which were listed
in the 2008 -2013 Capital Improvement Program. The proposed start dates of new neighborhood parks in
Eastern Dublin have been moved into the future, based on the expected continued slow pace of new
development. The table shown below is a summary of the status of funding, assuming that Phase 1 is
awarded with the base bid and Alternates #3 -6.
Beginning Balance7/1/2008
FISCAL YEAR 2008/2009
FISCAL YEAR 2009/2010
FISCAL YEAR 2010/2011
FISCAL YEAR 2011/2012
FISCAL YEAR 2012/2013
Five Year Total
TOTAL
TOTAL
ESTIMATED
EXPENSES
CREDITS
ENDING
(REVENUE)
BALANCE
7,700,329
(5,977,178)
1,090,306
2,813,457
(10,061,089)
6,341,914
(905,718)
(7,369,315)
2,606,483
(5,668,550)
(8,639,471)
11,711,793
(2,596,228)
(10,557,854)
7,619,492
(5,534,590)
42,604,907)
29,369,988
As noted above, based on the projected projects and timing there will be inadequate funding beginning in
Fiscal Year 2009/10 and continuing through Fiscal Year 2012/13. In order to award the bid and enter into
the contract for Fallon Sports Park, the City must have identified funding available.
Two critical elements impact the decision on proceeding with the Fallon Sports Park Project Phase 1 at
this time. The first element is the significant amount of fees projected to be collected in Fiscal Year
2009/2010, at a time when projects are finding it difficult to obtain financing. Staff is finding that even
Page 5 of 8
large scale developers are extending their projected development timelines, based on the uncertainty of
accessing capital markets to finance their projects.
City Staff has estimated a potential for $6.3 million in Public Facility Fees in Fiscal Year 2009/2010.
What is unique is that a very substantial portion of these fees ($5.2 million) are projected to be collected
from one project (Windstar Condominiums at West Dublin BART)_ If this project is delayed for Fiscal
Year 2009/2010, there will be a need to have a substitute source of funding available. At this time, the
only available source of funds would be the City's General Fund Reserves.
The second element is the simultaneous demand for Public Facility Fee financing for the design and
construction of the Emerald Glen Recreation and Aquatic Center. As shown on Attachment 3, the total
cost of this project over the five year period analyzed is $19.9 million. Based on these conditions, Staff
believes that one option would be for the City to temporarily halt design work on the Emerald Glen
Recreation and Aquatic Center for at least one year. In Fiscal Year 2009/2010 this project is expected to
require $1.6 million in Public Facility Fee Funding. If the design effort were delayed, this would
eliminate the current projected deficit at the end of Fiscal Year 2009/2010. This would also provide a
chance to reassess the pace of development, resulting fees, and a project development timeline.
It should be noted that deferring the Emerald Glen Recreation and Aquatic Center for at least one year and
continuing to award the Fallon Sports Park project does not eliminate the risk of the Public Facility Fee
Fund having insufficient revenue in Fiscal Year 2009/2010, if development fees do not achieve the Fiscal
Year 2009/2010 projection.
Another option would be to continue with the Emerald Glen Recreation and Aquatic Center design and
defer proceeding with construction of both projects until there was more certainty that the balance in the
Public Facility Fee Fund would be adequate to fund the construction. Since both projects have long
construction time frames a significant fund balance needs to be available at the time of awarding the
contract in order to meet the obligations.
However it should also be noted that Staff believes that the current bids for Fallon Sports Park Phase 1
reflect the favorable bid climate, with all ten bids below the Engineer's Estimate. The results from
bidding the project in the future cannot be predicted and would need to take into consideration the
economic climate at the time of the bid.
ALTERNATIVE FINANCING OPTIONS
Staff has conducted some preliminary discussions with a Financial Advisor regarding potential debt
financing options. These are somewhat limited due to the nature of the improvements. It would be
unlikely to secure the debt with future Impact Fee Revenue. A debt issuance requires that there is a source
of funds to make the repayment and the buyers of the debt typically need an assurance of debt payments
being made each year. Therefore, it would likely have to be a debt secured by the General Fund. In the
current credit markets even this scenario may be difficult, as there are limited buyers in the market for
government related obligations of this type. Without willing buyers public agencies are challenged to
successfully issue this type of debt.
One potential possibility would be for the City Council to authorize the Public Facility Fee Fund to
borrow from the General Fund. This loan would typically be repaid with interest, similar to the loan
granted in Fiscal Year 2004/2005 to the Fire Impact Fee Fund. One difference with that borrowing was
that the Fire Station and related equipment was an essential facility and required to assure public safety.
Page 6 of 8
If a loan were arranged from the General Fund, the arrangement will also create a decline in General Fund
revenue for the short term, since the funds would not be available for investment. If the amount required
from the General Fund was ultimately the $6.3 million (i.e. assuming no revenue in Fiscal Year
2009/2010 and that expenditures on the Emerald Glen Recreation and Aquatic Center were halted) at an
assumed investment rate of 2% the General Fund would lose approximately $126,000 per year. The
borrowing costs (interest paid) will also result in a need to increase the Public Facility fee from future
developers in order to recover the full cost.
CAPITAL PROJECTS FINANCIAL IMPACT ON OPERATING BUDGET
A secondary impact of proceeding with the construction is that once in service the Fallon Sports Park will
also require operating expenditures to maintain the facility. A preliminary estimate presented as part of
the 2008 -2013 Capital Improvement Program established the annual maintenance cost at $375,000 in
2008 dollars. If the project is awarded it is expected that it would be in service by summer / fall 2010
(Fiscal Year 2010/2011). It should be noted that the operating costs associated with Fallon Sports Park
will be less than . the projected net annual operating costs for the Emerald Park Recreation and Aquatic
Center, which are estimated to exceed $600,000. As decisions are made relative to the timing of
construction, it is prudent to consider impacts from operating costs, and in the current economic
environment City General Fund revenues are in steep decline as discussed as part of the Mid -Year Budget
report.
USE OF MEASURE WW FUNDS FOR COST OF SYNTHETIC TURF FIELDS
The City is eligible for $2,145,118 from the Local Grant Program under the East Bay Regional Park
District Measure WW Park Bond Extension. The Parks and Community Services Commission considered
priorities for the use of these funds at their meeting on February 23, 2009 (see separate Agenda Item on
this meeting). The Commission recommended that the City submit a project application for the synthetic
turf surfacing for the two soccer fields at the Fallon Sports Park. Based on the low bid, the actual cost of
the synthetic turf fields is $1,123,610. This recommendation was developed before the City had the bids
for the construction and before completion of the overall funding issues.
The City Council previously designated $1,120,000 from General Fund Reserves at the close of Fiscal
Year 2006 -2007 to the Fallon Sports Park for synthetic turf surfacing for the two soccer fields. Applying
Measure WW Funds to the Fallon Sports Park will allow the City to re- designate the General Fund
Reserves toward another need.
The City Council will consider potential projects for the Measure WW Funds in a separate agenda item at
the March 17, 2009 City Council Meeting. It should be noted that the City will not receive confirmation
that the project application has been approved until May 31, 2009. Consequently the City would need to
set aside the General Fund Reserve until such time that notification is received regarding the Measure
WW Grant Funds. The East Bay Regional Park District cannot guarantee, at this time, the precise timing
or results of their bond sale due to market conditions.
RECOMMENDATION: Staff recommends that the City Council take the following action:
1) Receive report and presentation related to available funding and impact on other projects based on
projections that scheduled projects will exceed available Public Facility Fee funds;
2) Determine whether to proceed with the award of the project at this time or to defer the project.
a) If the decision is to proceed with the bid award the City Council will need to determine the
following:
Page 7 of 8
i) Determine whether any of the identified bid alternates will be included in the project;
ii) Authorize Staff to loan funds if necessary from the General Fund to the Public Facility Fee
Fund with interest.
iii) Adopt Resolution Awarding Contract No. 09 -02 Fallon Sports Park Phase One (Base Bid) -
Attachment 4(a); or adopt Resolution Awarding Contract No. 09 -02 Fallon Sports Park
Phase One (Base Bid and Alternates) - Attachment 4(b).
b) If the decision is to defer the project, adopt Resolution Rejecting All Bids for Contract Number
09 -02 Fallon Sports Park Phase One and Deferring Project - Attachment 4(c)
3) Provide Staff with direction on the proposal to delay additional work on the Emerald Glen Recreation
and Aquatic Center.
Page 8 of 8
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ATTACHMENT 3
RESOLUTION NO. —
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING CONTRACT NO. 09 -02
FALLON SPORTS PARK PHASE ONE
(BASE BID)
TO
ROBERT A. BOTHMAN, INCORPORATED.
WHEREAS, the City of Dublin did, on March 2nd, 2009, publicly open, examine and declare all
sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 09 -02,
which Plans and Specifications are hereby expressly referred to for a description of said work and for all
particulars relative to the proceedings under the request for bids; and
WHEREAS, said bids were submitted to the City Engineer, who has reviewed the bids to
determine the lowest bid which was responsive to the requirements of the bid documents;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby award Contract No. 09 -02 to the lowest responsible bidder therefor, to wit, Robert A. Bothman,
Incorporated, at a base bid of nine million two hundred seventy -three thousand and eight hundred dollars
($9,273,800) the particulars of which bid are on file in the office of the City Engineer.
PASSED, APPROVED AND ADOPTED, this 17th day of March, 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 4(a)
RESOLUTION NO. —
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING CONTRACT NO. 09-02
FALLON SPORTS PARK PHASE ONE
(BASE BID AND ALTERNATES)
TO
ROBERT A. BOTHMAN, INCORPORATED.
WHEREAS, the City of Dublin did, on March 2nd, 2009, publicly open, examine and declare all
sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 09 -02,
which Plans and Specifications are hereby expressly referred to for a description of said work and for all
particulars relative to the proceedings under the request for bids; and
WHEREAS, said bids were submitted to the City Engineer, who has reviewed the bids to
determine the lowest bid which was responsive to the requirements of the bid documents;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby award Contract No. 09 -02 to the lowest responsible bidder therefor, to wit, Robert A. Bothman,
Incorporated, at a base bid of nine million two hundred seventy -three thousand and eight hundred dollars
($9,273,800) and alternates(s) at
dollars ($ ) the particulars of which
bid are on file in the office of the City Engineer.
PASSED, APPROVED AND ADOPTED, this 17`h day of March, 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 4(b)
I ' /
RESOLUTION NO. —
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REJECTING ALL BIDS FOR
CONTRACT NUMBER 09 -02
FALLON SPORTS PARK PHASE ONE
AND DEFERRING PROJECT
WHEREAS, the City of Dublin did, on March 2nd, 2009, publicly open, examine and declare all
sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 09 -02,
which Plans and Specifications are hereby expressly referred to for a description of said work and for all
particulars relative to the proceedings under the request for bids; and
WHEREAS, after a review of the available funding for the project, it has been determined that the
project should be deferred to a future date;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby reject all bids for Contract No. 09 -02 and defer the project to a future date.
PASSED, APPROVED AND ADOPTED, this 17th day of March, 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 4(c)