HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 2.N. TAIM dp
V N
f R
R 0
RRORR-0,
C441FORN�p City Council Staff Report
DATE: May 20, 2015 CONSENT CALENDAR
SUBJECT: REJECT ALL BIDS RECEIVED FOR THE MIZELL SENIOR CENTER
SHADE STRUCTURE, CITY PROJECT NO. 15-12
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
This action will reject all bids received on April 23, 2015, for the Mizell Senior Center
Shade Structure, City Project No. 15-12.
RECOMMENDATION:
1. Reject the bids received on April 23, 2015, from D.W. Johnston and Trio
Construction Group for the Mizell Senior Center Shade Structure, City Project No.
15-12; and
2. Suspend the Mizell Senior Center Shade Structure, City Project No. 15-12, and
authorize re-bidding at the time additional funding is appropriated as part of the
Measure J Capital Project Fund.
STAFF ANALYSIS:
On October 2, 2013, the City Council approved appropriations for certain projects and
program funding for the Fiscal Year 2013/14 Measure J capital project budget; included
with the appropriations was a $25,000 request to construct a new shade structure at the
Mizell Senior Center. The new shade structure is proposed on the east side of the
Senior Center near the main entry, and is intended to offer a convenient shaded area
for patrons to wait for transportation.
The architectural drawings for the shade structure were voluntarily prepared by Council
Member Chris Mills of Prest-Vuksic Architects; relevant sheets from the construction
drawings showing the shade structure are included as Attachment 1. The original
construction estimate was $40,000; therefore, in accordance with Title 7 (Procurement
and Contracting) of the Palm Springs Municipal Code, as the project was estimated at
less than $100,000, the City Council was not required to approve the plans and
specifications, and to authorize bidding.
i IF 10. 2 - ___--
City Council Staff Report
May 20, 2015-- Page 2
Reject Bids—CP15-12, Mizell Senior Center Shade Structure
Staff prepared project specifications and the construction documents for advertisement
and bidding for the Mizell Senior Center Shade Structure, City Project No. 15-12, (the
"Project"). The Project was advertised for bidding in The Desert Sun on March 14 and
21, 2015, and subsequently, on April 23, 2015, the Procurement and Contracting
Division received two construction bids from the following contractors:
Compan Location Bid Amount
DW Johnson NONRESPONSIVE Palm Springs, CA $81 ,548
Trio Construction Group Costa Mesa, CA $118,000
The lowest bid received from DW Johnson did not include a Bid Bond (Bid Security),
which is a mandatory requirement in the project specifications, and is required pursuant
to Title 7 of the PSMC. Any public project with a value greater than $25,000 requires
Bidder's Security; in this case, as the project was estimated to cost less than $100,000,
Chapter 7.03.030(c) 'Bidder's Security/Failure to Sign Contract," applies, and states:
Bidder's security shall be prescribed in the notice inviting bids in an amount equal to
ten percent of the amount bid. Bidder's security shall be either a cash deposit with
the city, a cashier's certified check, payable to the city, or a bidder's bond.
Unsuccessful bidders shall be entitled to the return of bid security within sixty days of
the date of the award. However, the lowest responsive and responsible bidder shall
forfeit all or part of his bid security, as may be determined by the city council, upon
the bidder's refusal or failure to execute the contract within the ten days after the
date of the award of the contract. On the refusal or failure of the lowest responsive
and responsible bidder to execute the contract the city council may award the
contract to the next lowest responsible bidder.
In the case of public projects with a value greater than $100,000, Chapter 7.03.040(e)
"Bidder's Security for Public Projects Contracts — Bidder's Security/Failure to Sign
Contract," of the PSMC applies, and similarly states:
Bidder's security shall be prescribed in the notice inviting bids in an amount equal to
ten percent of the amount bid. Bidder's security shall be either a cash deposit with
the city, a cashier's or certified check, payable to the city, or a bidder's bond.
Unsuccessful bidders shall be entitled to the return of bid security within sixty days of
the date of the award, however, the lowest responsive and responsible bidder shall
forfeit all or part of his security, as may be determined by the city council, upon the
bidder's refusal or failure to execute the contract within ten days after the date of the
award of the contract. On the refusal or failure of the lowest responsive and
responsible bidder to execute the contract the council may award the contract to the
next lowest responsible bidder.
On the basis that Bid Security is a mandatory requirement, the lowest bidder's failure to
furnish Bid Security requires the City to the bid as non-responsive, and subject to
rejection. Therefore, the remaining bid submitted by Trio Construction Group is the
02
City Council Staff Report
May 20, 2015 -- Page 3
Reject Bids—CP15-12, Mizell Senior Center Shade Structure
lowest responsive bid. However, as the project was originally estimated at less than
$100,000 and was bid under the requirements of Chapter 7.03.030 of the PSMC, and
the one responsive bid received is in excess of $100,000, staff is recommending that
the City Council reject all bids received. Specifically, the City Council is limited in
awarding a contract in this circumstance pursuant to Chapter 7.03.030(i) 'Bids in
Excess of Statutory Amount," which states:
If all bids received are in excess of one hundred thousand dollars, the city council
may, by passage of a resolution by a four-fifths vote, award the contract at up to one
hundred and five thousand dollars to the lowest responsible bidder, if it determines
the cost estimate of the city was reasonable.
In this case, the lowest bid received is $118,000 and the City Council is prevented from
awarding a contract given the limitation imposed by the PSMC. Thus, staff
recommends that the City Council reject all of the bids received.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15303 "New Construction or Conversion of
Small Structures," Class 3 projects consist of construction and location of limited
numbers of new, small facilities or structures, including accessory (appurtenant)
structures including patios; therefore, the Mizell Senior Center Shade Structure, City
Project No. 15-12, is considered categorically exempt from CEQA, and a Notice of
Exemption has been prepared and will be filed with the Riverside County Clerk. A copy
of the Notice of Exemption is included as Attachment 2.
FISCAL IMPACT:
A total of $25,000 was previously budgeted by the City Council from the Measure J
Fund (Fund 260) for the Project in Measure J Account 260-4500-59428; the single
responsive bid received is $118,000. Currently, the remaining budget is $21,000
requiring at least $97,000 additional budget to facilitate construction of the Project. Staff
has reviewed the current expenditure report of the Measure J Capital Project Fund
(included as Attachment 3), and identified various capital projects that have had no
activity (not initiated), or have been completed or are nearing completion and have
budget that could be made available for other projects, identified as:
• Library Planning (no activity/inactive); 260-4500-59436 — $125,294
03
City Council Staff Report
May 20, 2015-- Page 4
Reject Bids—CP15-12, Mizell Senior Center Shade Structure
• Veteran's Memorial (no activity/inactive); 260-4500-59443 — $12,960
• Repave Police Parking Lot (completed); 260-4500-59448 — $30,026
• Repair Gym Floor Pavilion (completed); 260-4500-59457 — $6,402
• City Hall Parking Lot (completed); 260-4500-59460 — $58,930
• Tahquitz Median (in construction); 260-4500-59461 — $96,466
There is the potential budget of $330,078 available from these various Measure J
capital projects. A review of the upcoming Fiscal Year 15/16 Measure J Capital Project
Fund has determined that the entire budget has previously been programmed for
various capital projects, and there is no discretionary budget available as additional
budget for existing projects, unless otherwise reprogrammed by the City Council.
Given the significantly higher cost of the Project, at this time staff recommends that the
Project be postponed and suspended until such time as additional funding is
programmed.
SUBMITTED:
Prepared by: Approved by:
Marcus L. Fuller, MPA, P.E., P.L. . David H. Ready, E
Assistant City Manager/City Engineer City Manager
Attachments:
1 . Construction Drawings
2. CEQA Notice of Exemption
3. Measure J Capital Fund Expenditure Report
04
ATTACHMENT 1
05
PALM SMNGS CONSTRICTION NOTE
A NEW EXTERIOR SHADE STRUCTURE PRIEST °V U KS IC
PALM SPRINGS MIZELL SENIOR CENTER n� ARCHITECT S
.ssos.w v,wlo..T
port m
uM oaal.c.vm°
480 S.SUNRISE WAY Z m.sxa T
PALM SPRINGS,CA 92262
SITE PLAN GENERAL NOTES
�( �°°cne'emir�nv.saa�nm
�i�v.e.u>'•
ONO�RiP Y vriemetlniumer.crwmr.ew swa vrtmm m�'.am rwmTxA4Aw.',�FMM
I w
VICINITY MAP
Ns. oexal Ores
'�N� m,oa.Fcolc i
SCOPE OF WORK PALM SPRINGS MIZELL
oNSTF-TON OF I-11 Enos 11-F."Fl-T-F SENIOR CENTER
.ns_au w.ry
PaodEcr DATA SHE
TITLE SHEE
T ET/SITEPLAN
GENERALu«mmNOTES-
nRC£[OH9.TI[TH )IBSAIlI�t °ak
s
O _. ___ sw,muvnars
CONSULTANTS
STRUCTURAL _ REFERENCE CODES
mrm
6i BlRUCnINLel�i@si MG fua=,+��a Tora�rm�wOH� awsYua cns
amnu
IB.edleRm �" °V
vgnw�e. 215018 _
OWNERSHIP OF INSTRUMENTS OF SERVICE
ITE P
SLAN ,,,:„n,,.w .am....�m...mm oriw�r.® Canebudbn Documsnbm
°. T1 .0
I "
w►��i�111 � � III II ��i�I
i -
ir- w v
milI Ili
_ ` . ._� • - •� � ":..��.... _ram '.ice �, :,. . ..'
ATTACHMENT
08
Notice of Exemption Appendix E
of Palm Springs
To: Office of Planning and Research From: (Public Agency): City —
P.O. Box 3044, Room 113 3200 E. Tahquitz Canyon Way
Sacramento, CA 95812-3044 Palm Springs, CA 92262
County Clerk
County of: Riverside (Address)
P.O. Box 751
Riverside, CA 92502-0751
Project Title: Mizell Senior Center Shade Structure, City Project No, 15-12
Project Applicant: City of Palm Springs
Project Location - Specific:
Mizell Senior Center located at 480 S.Sunrise Way,Palm Springs,CA 92264;APN 502-200-001
Project Location- City: Palm Springs Project Location -County: Riverside
Description of Nature, Purpose and Beneficiaries of Project:
Construction of a 6'x 11'x 8'decorative structure steel shade structure with reinforced concrete foundations
and concrete improvements,electrical and lighting,and display case
Name of Public Agency Approving Project:City of Palm Springs
Name of Person or Agency Carrying Out Project:City of Palm Springs
Exempt Status: (check one):
❑ Ministerial (Sec. 21080(b)(1); 15268);
❑ Declared Emergency(Sec. 21080(b)(3): 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and section number: 15303(e) New Construction
❑ Statutory Exemptions. State code number:
Reasons why project is exempt:
Class 3 projects consist of construction and location of limited numbers of new,small facilities or structures,
including accessory(appurtenant)structures including patios;therefore,the Mizell Senior Center Shade
Structure,City Project No. 1 S-12,is considered categorically exempt from CEQA.
Lead Agency Marcus Fuller 760-322-8380
Contact Person: Area Code Telephone/Extension:
If filed by applicant:
1.Attach certified document emption finding.
2. Has Notice of Exem n filed by the public agency approving the project?. ❑Yes El No
Signatur : Date: 517115 Title: Asst. City Manager
O Signed by Lead Agency ❑ Signed by Applicant
Authority cited:Sections 21083 and 21110, Public Resources Code. Date Received for filing at OP R:
Reference:Sections 21108.21152,and 21152.1, Public Resources Code.
Revised 2011
09
ATTACHMENT
10
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 1
DATE: 05/07/15 CITY OF PALM SPRINGS EXPSTAII
TIME: 17:27:30 EXPENDITURE STATUS REPORT
SELECTION CRITERIA: expledgr.key_orgn=14500'
ACCOUNTING PERIOD: 11/15
SORTED BY: FUND,FUNCTION,DEPARTMENT,IST SUBTOTAL,2ND SUBTOTAL,ACCOUNT
TOTALED ON: FUND,FUNCTION,DEPARTMENT,IST SUBTOTAL
PAGE BREAKS ON: FUND,FUNCPION,DEPARTMENT
FUND-260 MEASURE J CAPITAL FUND
FUNCTION-30 PUBLIC WORKS
DEPARTMENT-4500 MEASURE J CAPITAL PROJ
1ST SUBTOTAL-5000 CAPITAL
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD
59401 DESERT HIGHLAND LT POLES 78,933.51 .00 .00 .00 78,933.51 .00
59402 NEW FIRE STATION #5 STUD 43,884.00 .00 .00 1,695.75 42,188.25 3.B6
59403 RUTH HARDY SECUR LIGHTIN 46,030.55 .00 1,825.00 7,800.00 36,405.55 20.91
59408 DEMUTH CC GYM FLOOR REPR 79,309.07 .00 .00 79,254.56 54.51 99.93 '..
59410 DEMUTH/RUTH HARDY PKG LO 7,870.00 .00 429.00 7,441.00 .00 100.00
59412 REPLAC 20 TREES PC,IC,SU 141,205.04 .00 .00 141,205.04 .00 100.00
59414 CROSSWALKS-UP/DOWNTOWN 10,542.85 .00 .00 10,542.85 .00 100.00
59415 LIGHT POLES RAISE FOOTIN 12,053.92 .00 .00 7,072.76 4,981.16 58.68
59417 LTING REPLAC UNDRGRD ELE 890,083.35 4,225.81 11,150.00 276,148.40 602,784.95 32.28
59418 WELLWOOD LIBR REMODEL 645,800.78 3,382.60 400.00 645,296.02 104.76 99.98
59420 IHUB ACCELERATOR CAMPUS 250,000.00 .00 .00 250,000.00 .00 100.00
59421 ARCHITECTURE/DESIGN MUSE 284,000.00 .00 .00 284,000.00 .00 100.00
59424 DOWNTOWN PS REDEV EXP 306,713.44 1,019.14 31,057.18 112,181.75 163,474.51 46.70
59425 SWIM CENTER DECK 336,111.31 .00 .00 336,111.31 .00 100.00
59427 BIKE CROSSING DATE PALM 11,719.78 .00 .00 11,719.78 .00 100.00
59428 MIZELL SR SHADE COVER 25,000.00 .00 .00 3,960.58 21,039.42 15.84
59430 AIRPORT BACKUP GENERATOR 55,748.27 .00 17,433,20 3B,304.95 10.12 99.98
59431 PK RESTROOM SECUR CAMERA 29,731.29 .00 .00 26,207.08 3,524.21 $8.15
59433 PSHS AUDITORIUM 291,000.00 .00 291,000.00 .00 .00 100.00
59434 LANDSCAPE VISITOR CENTER 24,749.54 .00 1,849.22 1B,842.34 4,057.98 83.60
59436 LIBRARY PLANNING 125,294.00 .00 m 125,294.E _
59437 PROPERTY ACQUISITION 5,200,000.00 .00 .00 5,200,000.00 .00 100.00
59438 JO JESSE DHUC GYM A/C 238,110.15 .00 581.96 22,942.27 214,585.92 9.88
59439 ENTRY WAY SIGNS 145,352.71 26.39 10,583.75 4,829.34 129,939.62 10.60
59440 POLICE TRG CTR TECH UPGR 89,702.54 .00 7,967.50 6,842.50 74,892.54 16.51
59442 BLDG MICROFILM TO INTERN 109,668.50 .00 20,045.56 65,889.44 23,733.50 78.36
59443 VETEREN'S MEMORIAL 12,960.00 .00 w0 12,960.00 .00 '.
59444 POLICE RECORDS RED/REND 223,963.94 .00 80,018.32 33,573.88 110,371.74 50.72
59445 NMTP/BIKING ISSUES 792,593.69 105.56 665,827.60 126,392.00 374.09 99.95
59447 TAHQUITZ CREEK MASTER PL 293,250.00 00 36,526.19 34,631.11 221,892.70 24.33
@S44@ W,&VZ:F%XC6:.PARKING W A 17.� 23 filj on a ,89.E
59450 REPLACE CHILLR STATION # 60,000.00 .00 9,016.25 10,810.85 40,172.90 33.05
59452 POLICE BLDG BLDG DESIGN 99,567.50 .00 .00 .00 99,567.50 .00
59453 SECURITY CAMERA FIRE STA 61,284.70 .00 61,284.70 .00 .00 100.00
59454 KEYLESS ENTRY FIRE STATI 50,000.00 .00 .00 .00 50,000.00 .00
59455 UPTOWN TREEWELL IRRIGATI 34,723.30 .00 2,644.26 1,604.78 30,474.26 12.24
59456 VILLAGE GREEN IMPROVE 10,290.97 .00 .00 5,066.57 5,224.40 49.23
59457 REPAIR GYM FLOOR PAVILIO 6,401.72 .00 .00 N0 6,401.7E .00
59458 CITY HALL SECURITY DESIG 100,000.00 .00 .00 389.68 99,610.32 .39
59459 ARNICO SEWER IMPROVE 693,240.00 .00 .00 516,624.82 176,615.18 74.52
59460 CITY HALL PARKING LOT 871,297.20 3,233.38 550,302.37 262,064,38 58,930.41 93.24
59463 PROJECT MANAGEMENT 60,754.80 .00 .00 60,754.80 .00 100.00
59464 EVENT CENTER/PARKING 2,115,605.00 .00 1,768,451.95 147,720.16 199,432.89 90.57
Fr 59465 TRASH REC/DOG STAT MAINT 14,400.00 .00 .00 12,000.00 2,400.00 83.33
F+
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 2
DATE: 05/07/15 CITY OF PALM SPRINGS EXPSTAII
TIME: 17:27:30 EXPENDITURE STATUS REPORT
SELECTION CRITERIA: expledgr.key_orgn='4500'
ACCOUNTING PERIOD: 11/15
SORTED BY: FUND,FUNCTION,DEPARTMENT,IST SUBTOTAL,2ND SUBTOTAL,ACCOUNT
TOTALED ON: FUND,FUNCfION,DEPARTMENT,IST SUBTOTAL
PAGE BREAKS ON: FUND,FUNCTION,DEPARTMENT
FUND-260 MEASURE J CAPITAL FUND
FUNCTION-30 PUBLIC WORKS
DEPARTMENT-4500 MEASURE J CAPITAL PROJ
1ST SUBTOTAL-5000 CAPITAL
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD
59466 MEASURE J SIGNS 6,500.00 .00 .00 6,107.55 392.45 93.96
59467 I-HUB BLDG MODIFICATION 119,273.00 .00 73,312.52 45,960.48 .00 100.00
59469 CMAQ/CVAG - BIKE LANES 73,000.00 .00 .00 .00 73,000.00 .00
59470 FIRE APPARATUS DOOR 442 60,000.00 .00 .00 .00 60,000.00 .00
59471 FIRE EMER ALERT SYSTEM 100,000.00 .00 .00 .00 100,000.00 .00
59472 OIL/WATER SEPARATOR 443 50,000.00 .00 .00 .00 50,000.00 .00
59473 REPLACE PORT RESTROOMS 35 00000 00 35,000.00 00 .00 100.00
� l TAHQUITZ MEDIAN + 96,465.89 93.t*
59462 TROLLEY SHUTTLE 828,657.32 .00 632,993.31 164,403.69 31,260.32 96.23
TOTAL CAPITAL 18,679,940.62 15,254.03 5,520,031.09 9,493,165.39 3,666,744.14 80.37
TOTAL MEASURE J CAPITAL PROJ 18,679,940.62 15,254.03 5,520,031.09 9,493,165.39 3,666,744.14 80.37
TOTAL PUBLIC WORKS 18,679,940.62 15,254.03 5,520,031.09 9,493,165.39 3,666,744.14 80.37
TOTAL MEASURE J CAPITAL FUND 18,679,940.62 15,254.03 5,520,031.09 9,493,165.39 3,666,744.14 80.37
TOTAL REPORT 18,679,940.62 15,254.03 5,520,031.09 9,493,165.39 3,666,744.14 80.37
� I
N