HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member _____________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH NEWTON CONSTRUCTION & MANAGEMENT FOR THE HAYWARD POLICE BUILDING FACILITIES PROJECT IN AN AMOUNT NOT-TO-EXCEED $246,326.65 AND MAKING ASSOCIATED FINDINGS AUTHORIZING PROCUREMENT OF THE WORK THROUGH A COOPERATIVELY PURCHASED CONTRACT WHEREAS, the Facilities Capital Improvement Program is created to fund facility infrastructure projects with a focus on providing safe, clean and green facilities for employees and the public; and WHEREAS, built in (1975), the Hayward Police building needs maintenance and repairs throughout the building: and WHEREAS, Hayward Municipal Code section 2-8.01 requires new construction in excess of $35,000 that results in adding space or capacity to an existing facility or that results in extending the useful life of an existing facility to be competitively bid, or alternatively for the work to be procured in the open market if the City Council deems it more beneficial or economical to do so; and WHEREAS, the City proposes to use a contract that was cooperatively purchased by Sourcewell, a Minnesota public agency, formerly known as the National Joint Powers Authority (NJPA); and WHEREAS, the City of Hayward is a long-time member of the Sourcewell JPA and is authorized by the Joint Exercise of Powers Act (Gov. Code 6500 et seq.) to enter into agreements with other public agencies, including out of the state agencies, to exercise common powers; and WHEREAS, cooperative purchasing, sometimes referred to as “piggyback purchasing” is a process where the procurement is conducted by, or on behalf of, one or more public procurements units; and WHEREAS, Sourcewell advertised a statewide competitive solicitation for bids to provide general building and construction services to Sourcewell/NJPA members throughout California, which yielded 32 bids from which Newton Construction & Management was awarded a multi-year contract by Sourcewell: and WHEREAS, this procurement method complies with the City of Hayward’s purchasing policies as well as the requirements of Municipal Code section 2-8.01 relating to procuring works for new construction in the open market as an alternative to competitive bidding; and WHEREAS, this project is categorically exempt from environmental review pursuant to section 15301 of the CEQA guidelines relating to minor alterations of existing public structures or facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that pursuant to Hayward Municipal Code section 2-8.01 it is more economical and beneficial to procure the work for the Hayward Police Building facilities project by using Sourcewell’s cooperatively purchased contract with Newton Construction & Management, rather than advertising for bids.
BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate and execute an agreement with Newton Construction & Management, in an amount not to exceed $246,326.65 for the Hayward Police Building facilities project, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT II
ATTACHMENT II