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STAFF REPORT NO. 110-16 TO: Mayor and City Council DATE: 8/8/2016 FROM: Eric Holmes, City Manager Subject: Marshall Community Center Pool Upgrades Project – Amend Professional Service Agreement 82962 with Enginuity Systems, LLC Key Points: Under a separate Staff Report, staff is asking for the rejection of bids for solicitation #16-10,

which will require the Marshall Community Center Pool Upgrades project to be rebid. The rebid effort will require an amendment to Professional Service Agreement 82962.

Secondary scope was added at the request of the Parks and Recreation department in order to address the need for additional family / unisex changing rooms. The addition of this added scope used up most of the remaining spending authorization provided by Council and was not anticipated in the original projection.

There is sufficient funding to address rebid efforts by Enginuity Systems, LLC. However, there is currently not sufficient enough spending authorization to amend the Professional Service Agreement.

Objective: Authorize the City Manager or his designee to amend the current Professional Services Agreement 82962 with Enginuity Systems, LLC up to an amount of $425,000. This action supports Goal 3, Objective 3.1 of the Strategic Plan. Present Situation: The Marshall Community Center is a 60,000-square-foot multi-use facility operating six days a week and offering aquatic programs, fitness facilities, youth sport leagues/classes, adult sport leagues/classes, adult learning classes, senior activities, and rental space for special events. Usage ranges between 800 to1,000 daily visitations. The Marshall pool is an enclosed six lane, 25 x 25 yard “L” shaped pool with depths ranging from 3 – 9 foot. Total pool capacity is at 120,000 gallons with a 160 bather limit. Features include a drop-slide, zero depth entry ramp, and adjacent “Kiddie Pool” for small children. The pool is utilized year round with an annual maintenance closure between 9/1 – 9/14. The Community Center was built in 1965 and underwent an extensive remodel in 2007. However, the pool mechanical system was not included in the remodel due to budget limitation. The pool mechanical system has exceeded its usable life and, if not replaced, will likely experience a catastrophic failure resulting in an extended shutdown of the pool operations. RFQ #25-15 “Marshall Community Center (MCC) Pool Upgrades and Mechanical Replacement” was issued on May 7, 2015, in response to the Council’s approval for the appropriation of funds in order to improve and maintain City-owned facilities. The RFQ was posted on the City’s website and on the BXWA website; the notice was advertised in the Columbian on two separate dates; and the notice was sent via email to applicable consultants listed on the Consultants Roster. Responses were due on June 3, 2015. Two design firms

Staff Report 110-16 8/8/2016 Page 2 of 3 responded with proposals, which were evaluated by the selection committee. The committee selected Enginutiy Systems, LLC. as the highest scoring firm. The contract with Enginuity Systems, LLC, was executed with an anticipated total value of $350,000. Phase 1 began by the issuance of a contract and engaged Enginuity for $38,536.00 to provide investigative services in order to assist staff in as-building, scoping, and determining how best to implement the project. Phase 2 began by the issuance of an amendment for $256,750 for design, engineering, permitting, and construction support. The total value of the contract was $295,286. During the design phase, Parks and Recreation expressed the need to increase the number of family changing / unisex rooms through a reconfiguration of the existing pool office and family changing room. Separate funding was provided for this added scope and an amendment was issued in the amount of $46,326 to provide scoping, design, engineering, permitting, and construction support. This added scope was not anticipated in the original funding projection needs for the contract. The revised total value of the contract is currently $341,612. The project design was completed and issued as Bid Solicitation #16-10. One bid proposal was received by the close of bid and it exceeded the engineer’s estimate by approximately 60%. Staff is recommending rejecting the bid so that it can be rebid. Bid documents will be revised to create more award flexibility, and the new bid date will be scheduled to occur after many of the school remodel projects are complete in an effort to attract more bidders. Enginuity Systems, LLC has provided a proposal in the amount of $23,534.60 for added work associated with the rebid effort. In order to modify the bid documents and revise the engineer’s estimate, Amendment 3 must be issued. The current capacity of the Council-authorized funding is not sufficient to issue an amendment to PSE 82962. Staff is seeking Council’s approval to revise the authorized spending limit from $350,000 to $425,000 so there is sufficient funding to address the re-bid effort and so there is flexibility to address potential issues which may come up during the construction phase. Staff will work with the design team to revise the bid documents for the Marshall Community Center Pool Upgrades project in order to remove some of the items from the base bid by turning them into alternates in an effort to provide more award flexibility for award during the next bid solicitation. Advantage(s): 1. Approval of increasing the funding authorization will allow the rebid of the Marshall

Community Center Pool Upgrades project. If not approved staff is unable to rebid the project.

2. A rebid may attract additional contractor bids which may result in a lower bid pricing. 3. Positive public perception of the management of public funds as there was only one bidder

and the bid exceeded the engineers estimate by approximately 60% 4. Parks and Recreation is flexible with the timing of this project. Disadvantage(s): None

Staff Report 110-16 8/8/2016 Page 3 of 3 Budget Impact: None. Budget for this project was included in the 2015-2016 biennial budget, adopted by council on October 27, 2014. Modification to the budget was approved by Council as part of the Winter 2016 Supplemental Budget Appropriation. Prior Council Review: Facilities Investment Initiative WS - September 15, 2014 Award of Design Contract to Enginuity Systems – July 27, 2015 2016 Supplemental Budget WS – June 6, 2016 2016 Supplemental Budget 1st Reading – June 13, 2016 2016 Supplemental Budget 2nd Reading and Approval – June 20, 2016 Action Requested: Authorize the City Manager or his designee to amend the current Professional Services Agreement 82962 with Enginuity Systems, LLC up to an amount of $425,000. Attachment(s):

PSA 82962 – Enginuity Systems, LLC Executed PSA 82962 Amendments 1 & 2 Proposed PSA 82962 Amendment 3

To request other formats, please contact: City Manager’s Office (360) 487-8600 | WA Relay: 711 Amanda.Delapena@cityofvancouver.us

RFQ #25-15: Pool Upgrades and Mechanical Replacement Page 1 of 1 Amendment #3

AMENDMENT No. 3

PROFESSIONAL SERVICES AGREEMENT

PROVIDE DESIGN, EVALUATION, SUPPORT AND RELATED SERVICES FOR POOL UPGRADES AT MARSHALL COMMUNITY CENTER

This is an Amendment to PROFESSIONAL SERVICES Agreement No. 82962, dated July 8, 2015, by and between the City of Vancouver, a municipal corporation, under the laws of the State of Washington, hereinafter referred to as "City" and Enginuity Systems Inc hereinafter referred to as "Contractor," whose address is 732 Broadway Ste 102 Tacoma WA 98402. 1. This amendment updates the Agreement for additional work, as described in the attached

proposal, dated August 1, 2016, by the Contractor to modify the specifications and drawings for re-bid of the Marshall Community Center Pool Upgrade project.

2. Additional compensation for work under this amendment shall not exceed $23,534.60. The

revised contract value is $365,146.60. Reimbursable expenses will be billed in addition to labor at a cost plus 10 percent.

3. Ratification: Acts taken pursuant to this Amendment but prior to its effective date are hereby

ratified and confirmed. All other terms and conditions shall remain unchanged and in full force and effect.

DATED this ________ day of ______________, 2016

CITY OF VANCOUVER, CONTRACTOR: A municipal corporation Enginuity Systems Inc __________________________________ __________________________________ Eric Holmes, City Manager Signature: Attest: __________________________________ By: Printed Name / Title __________________________________ Lloyd Tyler, City Clerk By: Carrie Lewellen, Deputy City Clerk Approved as to form: __________________________________ E. Bronson Potter, City Attorney