HomeMy WebLinkAbout4/2/2003 - STAFF REPORTS (10) DATE: April 2, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
GENE AUTRY TRAIL AND RAMON ROAD MEDIAN LANDSCAPING
RECOMMENDATION:
It is recommended that the City Council consider and render a decision from the following
two options:
1) Determinethe lowbidder,Zondiros-Peninsula Landscaping, as non-responsive; and
award contract to Mark Logan Landscape, Inc., in the amount of$759,881.00, for
Bid Schedule A only, for the Gene Autry Trail/Ramon Road Median Landscaping,
City Project 00-01; or
2) Determine the low bidder, Zondiros-Peninsula Landscaping, as non-responsive;
postpone construction of the Racquet Club Road and Avenida Caballeros Traffic
Signal currently budgeted in Fiscal Year2002/2003 and allocate those funds toward
award of a contract to Mark Logan Landscape, Inc., in the amount of$857,686.00,
for Bid Schedules A, B and D only, for the Gene Autry Trail/Ramon Road Median
Landscaping, City Project 00-01.
SUMMARY:
Award of this contract will provide for the installation of median landscaping improvements
within existing medians along Gene Autry Trail, from Vista Chino to Mesquite Avenue; and
along Ramon Road, from Vella Road to San Luis Rey Drive.
BACKGROUND:
On September25, 1999,the Riverside County Transportation Commission issued a call for
TEA21 funded projects, to which the City responded with an application for median
landscaping of the existing medians on Gene Autry Trail (from Vista Chino to Mesquite
Avenue) and Ramon Road (from Vella Road to San Luis Rey Drive). The City was
successful in its request for the TEA Grant, and received an award of $496,000 for the
project. The original grant amount has subsequently been increased to$521,571 due to the
elimination of a TEA funded project that Palm Desert was unable to complete.
Caltrans Local Assistance,administratorofthe federal grant, authorized the City to proceed
with design of this project on September 13, 2000. Shortly thereafter, the City issued a
Request for Proposals to obtain landscape architecture services, resulting in the selection
of Ronald Gregory and Associates (RGA). A contract was awarded to RGA on April 4,
2001, by the City Council.
The plans for this project were reviewed through the City's Architectural Review Process,
involving widespread participation and review by Design Review Committee, Arts
Commission, Planning Commission, and City Council. This process occurred from May
2001 through January 2002. The plans ultimately received approval by the Planning
Commission at its January 9, 2002, meeting. Staff presented this project to the Council at
its July 24, 2002, Study Session, obtained minor comments and direction from Council,
which were incorporated into the final set of plans.
Gene Autry Trail and Ramon Road Median Landscaping
April 2,2003
Page 2
Further processing was required through Caltrans encroachment permitting,as Gene Autry
Trail (State Highway 111) is under their control and any improvements within their right-of-
way requires their approval. An encroachment permit was issued by Caltrans on August 15,
2002. Upon approval of the plans and issuance of a permit by Caltrans, staff submitted a
request to Caltrans Local Assistance on October 29,2002,for authorization to proceed with
construction, which was received on January 9, 2003. With receipt of authorization to
proceed with construction, staff presented the final construction documents (plans and
specifications) to the City Council for its review and approval, which was received on
January 29, 2003.
The Gene Autry Trail and Ramon Road Median Landscaping project includes a Base Bid
Schedule and four additive alternate Bid Schedules. The basic scope of work(Bid Schedule
A) includes the lighting and landscaping of the existing medians within the project area —
which was also the basis of the original grant request and grant estimate. The additive
alternatives,at the direction of Planning Commission,were not included in the original grant
estimate. The "options" include the following: the first additive alternate (Bid Schedule B)
includes installation of the structural steel "mountain" and "sail" elements (7 in total)within
the medians; the second additive alternate (Bid Schedule C) includes removal of existing
concrete paving within the median "noses" and replacement with cobblestone paving to
make the median islands consistent with cobblestone paving in other medians; the third
additive alternate (Bid Schedule D) includes installation of artificial boulders within the
medians (Caltrans does not allow real boulders within its right-of-way); and the fourth
additive alternate(Bid Schedule E), in response to request from the City Council at its July
24, 2002, Study Session, includes upgrading the landscaping from 1 gallon to 5 gallon size
plants.
On February 4 and 11, 2003,the project was advertised for bids, and at 4:00 P.M.on March
11, 2003, the Department of Procurement and Contracting received bids from the following
contractors:
Contractor Bid Sch A Bid Sch B Bid Sch C Bid Sch D Bid Sch E
Zondiros-Peninsula $689,380.00 $86,000.00 $42,930.00 $18,800.00 $60,000.00
Landscaping Total Bid
Torrance, CA $897,110.00
Mark Logan Bid Sch A Bid Sch B Bid Sch C Bid Sch D Bid Sch E
Landscape Inc. $759,881.00 $93,005.00 $46,665.00 $4,800.00 $45,040.00
La Quinta, CA Total Bid
$949,391.00
Denboer Engineering Bid Sch A Bid Sch B Bid Sch C Bid Sch D Bid Sch E
&Construction, Inc. $838,560.00 $74,500.00 $476,380.00 $11,200.00 $19,000.00
Palm Springs, CA Total Bid
$989,640.00
Cora Constructors Bid Sch A Bid Sch B Bid Sch C Bid Sch D Bid Sch E
Palm Desert, CA $1,032,350.00 $146,247.00 $18,072.00 $19,184.00 $19,132.00
Total Bid
$1,234.985.00
The consultant's (RGA's) total estimate for construction was $661,000. ��
Gene Autry Trail and Ramon Road Median Landscaping
April 2,2003
Page 3
Federally funded projects are subject to Part 26,Title 49 of the Code of Federal Regulations,
which requires participation by "Minority Business Enterprises'. The Disadvantaged
Business Enterprise (DBE) program is required for any local agency that receives federal
funds. The City's current annual DBE program established an annual goal of 6% DBE
participation, which applies to this project. In order to demonstrate compliance with the
Federal rules regarding DBE participation, bidders are required to submit information within
3 days of bid opening demonstrating compliance with the City's DBE program. The
apparent low bidder, Zondiros-Peninsula Landscape, failed to submit the required DBE
information, and further, provided a written response to the City indicating their failure to
meet the 6%goal and that their bid be withdrawn(see Attachments 1 and 2). In accordance
with Federal rules, the apparent low bidder must be considered as non-responsive.
City Council will recall that significant discussion throughout the planning and design stages
of this project was related to the proposed"mountain"and"sail"sculptures. These elements
were proposed by the City's consultant to relate to Mt. San Jacinto and the Palm Springs
Airport terminal with the median landscaping concept. However, in light of the non-
responsiveness of the apparent low bidder, an increased cost is incurred in awarding to the
second low bidder. The federal TEA grant will provide$521,571 towards this cost, with the
difference representing the City's local match to the grant.
In order to move forward with construction of only the base scope of work(Bid Schedule A),
staff has had to increase the funds used as the City's local match, but is unable to
accommodate any of the other additive Bid Schedules. However, knowing the importance
of the "mountain" and "sail" sculptures to the Planning Commission and City Council, staff
has provided a method of moving currently budgeted funds from one project to this project
to accommodate funding of Bid Schedule B to install the sculptural elements. Additionally,
installation of the artificial boulders which complement the sculptural elements can be
funded by staff's proposal. In reviewing the current Fiscal Year's capital projects, staff has
determined that construction of the Racquet Club Road and Avenida Caballeros traffic signal
may be postponed into the next Fiscal Year. This traffic signal is currently in design by
Engineering staff, and staff will complete its design. Furthermore, additional investigation
into the warrants for a traffic signal will be evaluated in July to support the installation of the
traffic signal. If it is the Council's desire to include Bid Schedules B andD in the scope of
the contract, it would be necessary to approve the postponement of the installation of this
traffic signal and to reallocate funds from that project to this project.
A further fiscal consideration is the increased maintenance costs to the City's current
contract for landscape maintenance of the City's medians and parkways. Staff obtained
from the City's landscape maintenance contractor an estimate of approximately $19,000
as the annual maintenance cost for these medians. These medians are not currently
included in the City's maintenance contract, and upon completion of the landscaping and
acceptance by the City, the maintenance liability of the landscaping will be incurred by the
City. A change order to the contract administered by the Parks, Recreation and Facilities
Department would be necessary to facilitate this increased maintenance cost, which is a
General Fund expense.
CAJ.:W:O?WAdF3
Gene Autry Trail and Ramon Road Median Landscaping
April 2,2003
Page 4
The second low bidder is Mark Logan Landscape, Inc., from La Quinta, California. The
company is a California corporation and its officers are: Mark Logan, President; and Daniel
Jewett, Secretary/Treasurer. Depending upon the Council's final decision, sufficient funds
will be available in gas tax revenue account 133-4298-50179(Gene Autry/Ramon Median),
local Measure A revenue account 134-4498-50179 (Gene Autry/Ramon Median); and
federal reimbursement revenue account 261-4491-50179 (Gene Autry/Ramon Median).
SUBMITTED:
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY—
City Manager
ATTACHMENTS:
1. Memorandum dated March 18, 2003, from Zondiros-Peninsula Landscaping
2. Letter dated March 18, 2003, from Zondiros-Peninsula Landscaping
3. Resolution (Option 1)
4. Resolution (Option 2)
REVIEWED BY DEPT. OF FINANCE
03/18/2003 14: 16 3103202664 ZONDIROS CORPORATION PAGE 01
Z0001 O"AFNINSULA LANDSCAPMe„/O/NT VENTURE
ATTACHMENT 1 .
kom Tom Zondiros
March in, 2003
To: Marcus I. Fu9w P.E. City of Palm Springs
Protect: Gene Autry Trap
Locoflon:
Marcus,
We can not meet the 6% DBE goal and We did not perform a good faith effort, We
understand our bid is non-responsMe you have stated In your letter of March 72,2003,
E-Mail Zondiros®AOL.COM
2d01 20P Sheet Suite C8 Torrance. CA 90501 310.320.2558 310320-2664 Uc. # 766708-A
991qswm�
03/18/2003 16:05 3103202664 ZONDIROS CORPORATION PAGE 01
ZONDIRO"EN/NSULA LANMCAP/NO JO/NT VENTURE
March 18, 2003 ATTACHMENT 2.
Marcus L.Fuller
Senior Engineer
City of Palm Springs
3200 E.TahquiZ Canyon Way
Palm Springs, CA 92262
Re: Gene Autry TraR Ramon Median iandamMgnW.CRY►rofea 00.01
Dear Mr.Fuller,
We have reviewed our estimate and have recently found that a clerical error was made
during the close out process of the bid. We therefore withdraw our bid on the
referenced project in accordance with the public contract code.
5 care ,
Tom Zondiros
Partner
E-Mall Zondlros@AOLCOM
2401 208" Street Suite C8 Torrance, CA 90501 310-320-2658310320-2664 Lic.i 766708-A
SA(0
RESOLUTION NO.
DETERMINING THE LOW BIDDER, ZONDIROS-
PENINSULA LANDSCAPING,AS NON-RESPONSIVE;AND
AWARDING CONTRACT TO MARK LOGAN LANDSCAPE,
INC., IN THE AMOUNT OF $759,881.00, FOR BID
SCHEDULE A ONLY, FOR THE GENE AUTRY
TRAIL/RAMON ROAD MEDIAN LANDSCAPING, CITY
PROJECT 00-01
WHEREAS, the City of Palm Springs received $521,571 in TEA21 federal funds to the
design and construction of the Gene Autry Trail and Ramon Road Median Landscaping
Project, City Project 00-01; and
WHEREAS,the receipt offederal funds and their use on public projects requires compliance
with Part 26, Title 49 of the Code of Federal Regulations, which requires participation by
"Minority Business Enterprises"; and
WHEREAS,the City of Palm Springs established a 6%Disadvantaged Business Enterprise
(DBE) Goal of 6%for the Gene Autry Trail and Ramon Road Median Landscaping Project,
City Project 00-01; and
WHEREAS,potential contractors bidding on federally funded projects are required to submit
information demonstrating that they will meet the DBE goal for the project, or to submit
information demonstrating that they made good faith efforts to meet the DBE goal; and
WHEREAS,the apparent low bidder did not comply with the DBE requirements stated in the
project specifications.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,that
it has been determined that the low bidder, Zondiros-Peninsula Landscaping, is non-
responsive; and that a contract to Mark Logan Landscape, Inc., in the amount of
$759,881.00, for Bid Schedule A only, for the Gene Autry Trail/Ramon Road Median
Landscaping, City Project 00-01 shall be awarded.
ADOPTED this day of , 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
Oft
RESOLUTION NO.
DETERMINING THE LOW BIDDER, ZONDIROS-
PENINSULA LANDSCAPING, AS NON-RESPONSIVE;
POSTPONING CONSTRUCTION OF THE RACQUETCLUB
ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL
CURRENTLY BUDGETED IN FISCAL YEAR 2002/2003
AND ALLOCATING THOSE FUNDS TOWARD AWARD OF
A CONTRACT TO MARK LOGAN LANDSCAPE, INC., IN
THE AMOUNT OF$857,686.00, FOR BID SCHEDULES A,
B AND D ONLY, FOR THE GENE AUTRY TRAIL/RAMON
ROAD MEDIAN LANDSCAPING, CITY PROJECT 00-01
WHEREAS, the City of Palm Springs received $521,571 in TEA21 federal funds to the
design and construction of the Gene Autry Trail and Ramon Road Median Landscaping
Project, City Project 00-01; and
WHEREAS,the receipt of federal funds and theiruse on publicprojects requires compliance
with Part 26, Title 49 of the Code of Federal Regulations, which requires participation by
"Minority Business Enterprises"; and
WHEREAS,the City of Palm Springs established a 6% Disadvantaged Business Enterprise
(DBE)Goal of 6%for the Gene Autry Trail and Ramon Road Median Landscaping Project,
City Project 00-01; and
WHEREAS,potential contractors bidding on federallyfunded projects are required to submit
information demonstrating that they will meet the DBE goal for the project, or to submit
information demonstrating that they made good faith efforts to meet the DBE goal; and
WHEREAS,the apparent low bidder did not comply with the DBE requirements stated in the
project specifications; and
WHEREAS, the project includes installation of architectural elements that are of
considerable public benefit and enhance the quality of the project; and
WHEREAS, to fund the construction of the architectural elements, it is necessary to
postpone construction of the Racquet Club Road and Avenida Caballeros traffic signal, and
to reallocate those public funds to this project.
Copr�l
Resolution No.
Page 2
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,that
it has been determined that the low bidder, Zondiros-Peninsula Landscaping, is non-
responsive; that construction of the Racquet Club Road and Avenida Caballeros Traffic
Signal currently budgeted in Fiscal Year 2002/2003 shall be postponed and thatthose funds
shall be allocated to the Gene Autry Trail/Ramon Road Median Landscaping,City Project
00-01; and that a contract to Mark Logan Landscape, Inc., in the amount of$857,686.00,
for Bid Schedules A, B and D only, for the Gene Autry Trail/Ramon Road Median
Landscaping, City Project 00-01 shall be awarded.
ADOPTED this day of , 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
88Z