HomeMy WebLinkAboutAGENDA REPORT 2005 0615 CC REG ITEM 09BrrEu[ q .8.
CITY OF MOORPARK, CALIFORNIA
City Ceuneil Meeting
of
ACTION:
L
MOORPARK CITY COUNCIL BY: , , .-
AGENDA REPORT
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: June 8, 2005 (Council Meeting 06- 15 -05)
SUBJECT: Consider Awarding a Contract for the Construction of
the New Corporate Yard
DISCUSSION
Backaround
This matter was discussed by the City Council on June 1, 2005,
and continued to the June 15th meeting. A copy of the June 1
staff report is attached.
Action Options [Excerpt form June 1 Report]
The action options available to the City Council are
summarized as follows:
1. Waive the irregularities in the McGillivray bid and award
a contract to that firm;
2. Declare the bid from McGillivray to be non - responsive and
award a contract to Soltec- Pacific; or
3. Reject all bids and direct staff to re- advertise the
project.
Staff recommends Action Option 2. In the view of staff there
is no guarantee that re- advertising the project will result
in lower bids. Also, re- advertising the project will generate
additional design, construction management and staff costs.
It is also possible that material costs will continue to
increase. In addition, a delay in awarding a construction
contract for this project will push the rough grading phase
of the work into the rainy season.
CorpYard awd3 0506
ITEM-'I- E•
CITY 00 MOCRPARK, CALIFORNIA
City Council meeting
of
AC'i'1C1W et,
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council Cyr—
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: May 26, 2005 (Council Meeting 06- 01 -05)
SUBJECT: Consider Awarding a Contract for the Construction of
the New Corporate Yard
DISCUSSION
A. Background
• In December of 2002, the City Council retained an architect
to prepare the design for the City's new maintenance
facility. The project is to be constructed on property
located adjacent to the Caltrans Maintenance Yard, at the
east end of Fitch Avenue (see Exhibit 1).
• In June and again in August of 2003, the City Council
reviewed and approved preliminary design concepts for the
project.
• In April of 2004, the City Council approved the final
conceptual design.
• In May of 2004, the City Council approved a change to the
design for the north fence.
• In June of 2004, the City Council approved the Negative
Declaration for the project.
• With the adoption of the FY2004/05 Budget in June of 2004,
the City Council approved total funding of the project
from the endowment fund and authorized reimbursement of
prior year costs to the Gas Tax Fund and the Moorpark
Redevelopment Agency [see further discussion of this
matter in Section K -51.
• In January of 2005, notices were published requesting
qualified firms to prepare and submit Pre - Qualification
application packages to the City for review and
evaluation.
• The Pre - Qualification (discussed herein) was completed in
March of 2005.
• In April of 2005, the City Council approved the project
plans and specifications and authorized staff to invite
bids from the pre - qualified contractors.
CorpYard ad 0504
Corporation Yard: Award of Contract
June 1, 2005
Page 2
B. Maintenance Functions
The maintenance functions to be located at the new Corporation
Yard are generally defined and described in the list attached
as Exhibit 2.
C. Conceptual Design
Plans and diagrams depicting the approved conceptual design are
attached as Exhibit 3. The various components of the protect
are generally summarized in the list attached as Exhibit 4.
D. Pre - Qualification of Contractors
Six (6) firms submitted Pre - Qualification Applications to the
City. It was determined that all six (6) firms met the pre -
qualification requirements.
E. Add Alternates
1. General: The contract documents include two Add
Alternates, summarized as follows:
a. Add Alternate #l: Construction of a Yard Structure #1:
a structure along the north line of the property to
protect vehicles and equipment from the weather.
b. Add Alternate #3: (Add Alternate #2 was deleted)
Installation of a Fire Alarm System.
Note: A fire alarm system is not required by the
occupancy rating for this structure. But in
that the architect had prepared a design for a
fire alarm system, it was decided to include
this option as an Add Alternate.
2. Bid Document Requirements: With regard to bid add or
deduct alternates, the California Public Contracts Code
(PCC) requires bid documents to be very specific in
CorpYard ad 0504
Corporation Yard: Award of Contract
June 1, 2005
Page 3
defining the basis of award. In no event can the bid
documents be structured to allow different firms to be
determined to be the "low bidder ", depending upon which
add /deduct alternates are selected by the City Council.
All of the methods defined in the PCC for determining the
low bidder, cause only one firm to be the low bidder.
3. Basis of Award: The method selected for determining the
low bidder for this project is summarized as follows:
"The low bid will be the lowest total bid price for the
base bid plus Add Alternate #1."
4. Base Bid + Alternate #1: It was decided to include Add
Alternate #1 in basis of award, in order to encourage
bidders to submit a competitive price for the construction
of Yard Structure #1. Experience has shown that exclusion
of bid alternates from the basis of award often results in
the bids for the alternates to be less than competitive.
5. Determination of Low Bidder V. Selection of Add
Alternates: It should be noted that the determination of
the low bidder is not related to and is not affected by
which, if any, of the Add Alternates are selected by the
City Council. Based on the parameters explained above,
the low bidder for the subject project is the firm with
the lowest bid for the sum of the Base Bid plus Add
Alternate #1. Should the City Council decide to award a
contract for the Base Bid only (or the base Bid plus both
Add Alternates), that decision will not affect which firm
is the low bidder. The low bidder will remain the firm
with the lowest bid for the sum of the Base Bid plus Add
Alternate #1. In such case the contract price will be the
amount bid by that firm for the Base Bid plus the price(s)
bid by that firm for the Add Alternates selected by the
City Council. Should another firm have a lower bid the
scope of work selected, that firm cannot be awarded the
contract.
F. Bid Results
Bids for the subject project were received and tabulated on
May 19, 2005. A summary of the bids received are attached as
Exhibit 5.
G. Bid Irreaularities
1. Bid Deadline: The stated deadline for the submittal of
bids was 10:00 a.m. on May 19, 2005. All of the bids,
except the McGillivray bid, was received at or prior to
CorpYard ad 0504
00"119
Corporation Yard: Award of Contract
June 1, 2005
Page 4
10:00 a.m. The time noted on the bid from McGillivray was
10:02 a.m. That bid was included with and opened with all
the bids received. The City has received a letter from
McGillivray (Exhibit 8) alleging that their bid was
timely.
2. Listing of Sub- Contractors: The bid from McGillivray
failed to properly list the address and percentage of work
to be performed by each Subcontractor, as required by the
Bid Documents and provisions of the California Public
Contracts Code. Attached as Exhibit 9 is a letter from
Soltec Pacific regarding this matter.
3. Non - Responsive Bidder: For the above reasons, it is
recommended below that the bid received from McGillivray
be declared non - responsive to the requirements of the bid
documents and that this bid be rejected.
4. Recommended Action: It is recommended below that Soltec
Pacific be awarded the project. That firm has confirmed
that their bid is valid and that they are prepared to
proceed with the construction of the project.
5. Action Impact: A comparison of the bids [Base Bid plus Add
Alternate #11 submitted by McGillivray and Soltec Pacific,
is as follows:
;.... _ ............ ... _.........._............_........_................._....... ............ ......._.................. ._...................... _ ........ ._....._.................. _ ....... _.. _ ............... _ ... _._ ....
_...
Element Bid Amount ($)
Soltec Pacific 5,405,000.00
McGillivray 5,022,315.83
Difference 382,684.17
..... ..... ............._........_ ................... _ ........ ..................._............... __......._... ..... _ ... __ ......... . ............
....._......_.........._....:
H. Project Cost Estimate
The Architect's estimate for the project [Base Bid plus Add
Alternate #1] was about $4.11 million, an amount
approximately $1.3 million less than the lowest responsive
bid. It is the view of staff that this difference is due to
a number of factors including the following:
• the Architect's estimate is slightly low;
• the cost of materials worldwide (especially concrete and
steel) has gone up and is difficult to predict; and
• there is currently a high demand in the construction
industry causing prices to rise.
I. Scope of Protect
There are four (4) possible options available in determining
the scope of work for the subject project. Those options are
CorpYard ad 0504
000120
Corporation Yard:
June 1, 2005
Page 5
Award of Contract
determined by the Bid Alternates, if any, selected by the
City Council. Those options are identified and described as
follows:
5,272,000.00
5,272,000.00
5,272,000.00
Alternate #1 0.00
• Scope
Option A:
The
Base Bid
only;
• Scope
Option B:
The
Base Bid
plus Add Alternate #1;
• Scope
Option C:
The
Base Bid
plus Add Alternate #3; and
• Scope
Option D:
The
Base Bid
plus Add Alternate #1 and U.
A list of the contract prices from Soltec Pacific, for each
Option, is as follows:
Description
Scope Options
A B C D
Base Bid 5,272,000.00
5,272,000.00
5,272,000.00
5,272,000.00
Alternate #1 0.00
133,000.00
0.00
133,000.00
Alternate #3 0.00
0.00
37,000.00
37,000.00
Total 5,272,000.00
5,405,000.00
5,309,000.00
5,442,000.00
J. Recommended Scope Option
It is the recommendation of staff that Scope Option D be
selected by the City Council. It is the view of staff that
the benefits to be derived from the improvements to be added
by these two Add Alternates outweigh the added cost.
K. Fiscal Impact
1. Project Cost Estimate:
Based on the recommended action, a
preliminary estimate of
............ ............... .._..........__............. ................. .......... . ...... ...... __......._........._................. _......................._....
total project costs is as follows:
..... ....... -- ......... _......... ..............................,
Estimated
Element
Cost
9601 - Design
450,000
9610 - Land Acquisition
521,000
Construction
5,442,000
Contingency (10 %)
544,200
9620 - Constr. Total
5,986,200
9504 - Equipment
100,000
9502 - Furnishings
110,000
9650 - Inspection
250,000
Total
7,417,200
CorpYard ad 0504
- - 00612:L
Corporation Yard: Award of Contract
June 1, 2005
Page 6
2. Design Cost Detail: Current anticipated total design costs
are summarized as follows:
Design Cost Detail
Estimated
Architect
330,000
Subdivision Map
75,000
Printing / Publishing
5,436
Other Misc. Costs
3,000
Southern California Edison
6,510
Calleguas Fees
13,032
Waterworks District
17,022
450,000
3. band Cost: It is anticipated that a
years' land costs will be received
west parcel is sold. A summary of
costs is as follows:
...... ........._........ ........... ..._.................... ................. ........ .. _..............................._._ ... __..__.._._ ................... _....__ .............. ............. __ ........ _ ...
...__...._...,
Land Costs Estimated:
Actual Prior Year Cost 920,792
Less Current Year Revenue (400,000);
520,792
. ...
...._..._ ......... ..........................._ _...
................................... .. ......_ ........ _ .... ....... _ ..._.._ .. . ............... ...._ ........................_... ._... .... .......... . ...... .._.,
portion of the prior
by the City when the
the final actual land
Additional details regarding land costs are set forth in
K -5 below.
4. Equipment / Furnishings Cost Estimate: Certain items are
not included in the construction scope of work. Although
a detailed cost estimate for the procurement of those
items has not yet been developed, the budget currently
includes $210,000 for those purchases. The tentative list
of those additionally required items is as follows:
......................................................_.............._.............................._...................._.._......._......._...._.......__.._..._._._..._.......__._......._...___..._......_.......__.._...._.__.. ._..._._.._._........._..._...,
CNG Pump Unit Ice Machine, Refrigerator, Microwave
Electric Vehicle Charging Unit Flamable Storage Cabinet
Office Furnishings Emergency Generator
Window Treatments Securitv Svstems
5. Fund Transfer to Revise the Funding Sources for Certain
Prior Year Expenditures: The attached Resolution provides
for certain Fund transfers to revise the Funding sources
for certain prior year expenditures, generally described
as follows:
CorpYard ad 0504
000122
Corporation Yard:
June 1, 2005
Page 7
Award of Contract
Notes: A Implements prior decision to not use the Gas Tax
Fund as a partial funding source for this
project.
B Reduces prior year MRA costs for land
acquisition to $521,000.
6. Budget Re -Cap Sheet: Attached as Exhibit 6 is a chart
summarizing the current status of the FY04 /05 Budget and
the current total appropriations for the project. Said
sheet also summarizes the Fund Transfer and proposed
Budget amendment discussed herein.
7. Construction Management (Inspection) Costs: The Budget
amendment requested below includes additional funds
anticipated to be required for construction management.
8. Budget Increase: It is recommended below that the City
Council adopt a Resolution amending the Budget to fully
fund the subject project at the current cost estimate. A
:)U1LLLlld L./ UL L11dL
.................._...__..__.__....._................_...................__........_........................................
tCuSuluLlon 1s as
I011ows:
Project 8041
.... ......... ....._..................._............._...................._...._.........._...__._...._........_............_._.
Current
...._._..... ......... ..._....._
FY04 /05
Proposed
Element
Budget
Chanqe ($)
9601 - Design
227,205
9620 - Construction
4,180,000
1,806,200
9502 - Furnishings
110,000
9504 - Equipment
100,000
9650 - Inspection
200,000
50,000
Total
4,817,205
1,856,200
Plus Prior Year Cost
1,143,587
Total Appropriations
5,960,792
1,856,200
Less Future Revenue
L. Action Options
Revised
FY04 /05
Budget
227,205
5,986,200
110,000
100,000
250,000
6,673,405
1,143, 587
7,816,992
(400,000)
7,416,992
The action options available to the City Council are
summarized as follows:
1. Waive the irregularities in the McGillivray bid and award
a contract to that firm;
2. Declare the bid from McGillivray to be non - responsive and
award a contract to Soltec- Pacific; or
3. Reject all bids and direct staff to re- advertise the
project.
Staff recommends Action Option 2. In the view of staff there
is no guarantee that re- advertising the project will result
CorpYard ad 0504
Corporation Yard: Award of Contract
June 1, 2005
Page 8
in lower bids. Also, re- advertising the project will generate
additional design, construction management and staff costs.
It is also possible that material costs will continue to
increase. In addition, a delay in awarding a construction
contract for this project will push the rough grading phase
of the work into the rainy season.
M. Administrative Actions
If the recommended action is taken by the City Council,
certain administrative actions will be undertaken by staff,
including the following:
• A construction contract agreement will be forwarded to the
selected contractor for the construction of the project,
for the contract price of $5,442,000.00.
• When all contract documents are in order, the agreement
will be executed by the City Manager.
• A construction contingency of $544,200 (10 %) will be set
aside for the project.
N. Schedule
It is anticipated that project construction will start in
July and be completed in eleven (11) months.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Declare the bid received from McGillivray Construction to be
non - responsive.
2. Approve the award of contract to Soltec- Pacific for the
construction of the subject project and authorize the City
Manager to execute all necessary contract documents.
3. Direct the scope of work to include both Add Alternates.
4. Adopt the attached Resolution increasing the funding for the
project.
Attachments:
Exhibit
1:
Site Location Map
Exhibit
2:
List of Maintenance Functions
Exhibit
3:
Site Plan and Floor Plan
Exhibit
4:
List of Project Components
Exhibit
5:
Bid Results
Exhibit
6:
Budget Summary Sheet
Exhibit
7:
Resolution
Exhibit
8:
Letter from McGillivray
Exhibit
9:
Letter from Soltec- Pacific
CorpYard ad 0504
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Exhibit 2: Maintenance Functions
Page 1
The following is a list of the maintenance and operation
functions to be accommodated at the new Corporation Yard.
A Public Works
T. Street Maintenance
• Minor asphalt repair
• Striping / stenciling
• Traffic and Regulatory signs
• Tree Limb lifting / Root Pruning
• Sidewalk Repair
• Roadside debris and weed removal
• Storm drain maintenance
2. Parking Enforcement
3. Crossing Guard Supervision
4. Stormwater Quality Administration & Enforcement [portion]
5. Fleet Maintenance (minor maintenance)
6. Graffiti abatement
7. Contract Services Administration:
• Street sweeping
• Traffic signal maintenance
• Annual storm drain maintenance
• Major vehicle maintenance and repair
B Community Services
1. Landscape Maintenance
• Parkway /median landscape maintenance
• Park maintenance
• Trees
2. Facilities maintenance
• Minor repair
• Janitorial
3. Vector Control
4. Animal Control
S. Contract Services Administration:
• Landscape / Irrigation Maintenance
• Tree trimming / maintenance / removal
• Facilities maintenance and repair
• Janitorial
• Transit Contract Administration
• Refuse Franchise Administration
CorpYard ad 0504
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DIAGRAMATIC SITE FUNCTION & EQUIPMENT PLAN
MARTINEZ
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Exhibit 4: Description of Project Components
Page 1
1. Site Plan:
• Site Utilization: The final design calls for the
development of 2.16 acres [Lot `A'] of the 4.19 acre
site, for the Corporate Yard facility.
• Expansion Area: The plan includes an area of about one
acre (1 ac.) at the easterly end of the property [Lot
`B'], to be held for possible needed future expansion.
Interim uses for this area include temporary storage,
rental to contractors and /or utility companies and
construction staging for City construction contracts.
Independent access to this area is provided along the
south line of the property.
• Material / Equipment / Vehicle Storage: Ample area has
been provided for the outside storage.
• Covered Parking [North Property Line]: The bid documents
will include a Bid Deduct Alternate for the planned
covered parking along the north property line.
• Emergency Generator: The plans call for the installation
of a generator to provide back -up electrical energy
during a power outage.
• Refuse Handling Area: Ramps to the large refuse bins will
be provided to facilitate efficient handling of refuse
and refuse bins. Bin covers and drains will be provided.
• CNG Refueling: A Compressed Liquid Natural Gas re-
fueling station will be provided. There will be no
gasoline pumps on the site.
• Electrical Charging Station: An electric vehicle re-
charging station will also be provided.
• Animal Containment: The plans call for construction of an
animal containment facility.
• Parking: Ample area has been provided for guest and
employee parking.
• Circulation: The site plans provides for good circulation
in, through and out of the facility.
• Landscaping: Landscaped areas will be provided.
• Security: Two (2) security gates are planned for the
yard, plus two (2) more for the south driveway.
• Fencing: The plan calls for wrought iron fencing along
the south, east and west lines of Lots A & B, and a block
wall along the north line. A block wall is also to be
constructed along the east side of the refuse handling
area, with chain link separating the remainder of the
line between the main yard (Lot `A') and the auxiliary
yard (Lot `B').
• Grading /Drainage: Based on a drainage study prepared for
the site, the finished floor elevation will be five and
one -half feet (51�') higher than the elevation of the top
of curb at the entry driveway. The site will be graded to
convey flood water away from and around the building.
CorpYard_ad_0504 000129
Exhibit 4: Description of Project Components
Page 2
• Storm Water Quality: Grassy swales will be constructed to
filter pollutants from the site run -off.
2. Floor Plan:
• Building Size - The floor area of the enclosed building
will 9,456 square feet (sf), plus a covered parking and
work area along the north side of the building of
approximately 5,000 s.f.
• Main Entry - The south side entry will serve the public
and will also be used for employee access to and from the
employee / guest parking area.
• Security - The main entry door and the gates to the yard
will be locked during business hours. There are no plans
to have anyone work in the reception area. A door bell or
telephone "ring -in" system will be provided to facilitate
public access to City staff at this facility.
• Public Counter - A public reception / waiting area will
be provided.
• Public Restroom - A "unisex" public restroom will be
provided near the reception area.
• Office Space - Office space has been provided for current
personnel, with an office pool area suitable for use by
future expansion, if needed.
• Men's Restroom / Shower / Locker Room - A Men's Restroom
/ Shower / Locker room will be provided.
• Women's Restroom / Shower Lockers - A storage room will
be constructed in a way which will allow for easy
conversion into a Women's Restroom / Shower / Locker
room, should the need arise.
• West Access - There will be a door at the west end of the
building to provide access to and from the yard.
• Covered Parking - Covered truck parking is provided along
the north faqade of the building with locked storage
units and access to inside storage and staging rooms.
• Access to Truck Parking Area - An access hallway and door
will be provided to parking area to facilitate easy re-
stocking of trucks from the material storage areas.
• Employee Break / Lunch Room - An employee meeting /
break/ training room will be provided.
• Meeting / Conference Room - A meeting / conference room
will also be provided.
• Animal Control / Vector Control - Facilities will be
provided for this function, including office and lab
space.
• Auto Repair - The plan does not provide facilities for a
major automotive maintenance function (vehicle lift, lube
facilities, etc.) These functions are planned to continue
to be provided by contract service.
CorpYard ad -0504 00 C; 1 30
Exhibit 4: Description of Project Components
Page 3
• Storage Rooms - Ample storage rooms will be provided.
• Emergency Supply Storage - An emergency supply storage
room is planned. This room could also be converted to
other uses in the future, should the need arise.
3. Building Design:
• Materials - The building will be constructed of masonry
block and metal studs.
• Roof Design - Components of the roof design include:
Materials: "Raised- seam ", light weight, metal roof.
Energy efficiency: Skylights and roof vents will be
provided.
Roof mounted equipment: Equipment will be screened
from view from the street.
Photo - Voltaic: The design will accommodate the
possible future installation of photo - voltaic panels.
• Colored Elevations - The color palate uses a mixture of
red and tan concrete blocks, with a copper colored roof.
CorpYard_ad -0509 (���� �ao-
CITY OF MOORPARK
CORPORATE YARD
BID DATE MAY 19,2005 10:00am
Addendum Addendum
CONTRACTOR BID BOND #1 #2 BASE BID ALTERNATE #1 ALTERNATE # 2 ALTERNATE # 3
ADDENDUM # 1
DELETED
APPARENT LOW BIDDER
BASE BID + ALTERNATE # 1
McGILLIVARY CONSTRUCTION
yes
yes
yes
$ 4,904,315.83
$ 118,000.00
$ -
$ 5,022,315.83
SOLTEK PACIFIC
yes
yes
yes
$ 5,272,000.00
$ 133,000.00
$ -
$ 5,405,000.00
STAPLES CONSTRUCTION
yes
yes
yes
$ 5,158,728.00
$ 250,000.00
$ -
$ 5,408,728.00
EARL CORP
yes
yes
yes
$ 6,069,000.00
$ 157,854.00
$ -
$ 6,226,854.00
WOODCLIFF CORP.
yes
yes
yes
$ 6,297,697.00
$ 300,000.00
$ -
$ 6,597,697.00
MALLCRAFT, INC
yes
yes
yes
$ 6,704,812.00
$ 378,000.00
$ -
$ 7,082,812.00
0
G.i
x
o'
rt
VA
CITY OF MOORPARK
Capital Improvement Project
Budget Re -Cap Sheet
Exhibit: 6 (1 of 2)
Date: May 25, 2005
Fiscal Year: FY 04/05
Department: Public Works I Department: 8310
Project Title: Corporation Yard Project Number: 8041
Total Current Appropriations
Total Prior
Current FY
Prior Budget
Object
Account
Years'
Beginning Year
Changes This
Current FY
Total Approp.
Fund
Code
Description
Expenses
Budget
FY
Total Budget
To Date
2800
9502
JFurniture
$0
$0
$110,000
$110,000
$110,000
2001
9504
Equip
$0
$0
$50,000
$50,000
$50,000
2800
9504
Equip
$0
$0
$50,000
$50,000
$50,000
Total Equip.
$0
$0
$100,000
$100,000
$100,000
2605
9601
Design
$6,531
$0
$0
$0
$6,531
2800
9601
Design
$201,026
$168,230
$58,975
$227,205
$428,231
2904
9601
Design
$15,239
$0
$0
$0
$15,239
Total Design
$222,796
$168,230
$58,975
$227,205
$450,001
2605
9610
Land Acq.
$278,408
$0
$0
$0
$278,408
2800
9610
Land Acq.
$0
$0
$0
$0
$0
2904
9610
Land Acq.
$642,384
$0
$0
$0
$642,384
Total Land
$920,792
$0
$0
$0
$920,792
2800
9620
Buildings
$0
$3,800,000
$380,000
$4,180,000
$4,180,000
2800
1 9650
lInspection
$0
$350,000
$150,000
$200,000
$200,000
Project Totals:
$1,143,588
$4,318,230
$498,975
$4,817,205
$5,960,793
Proposed Fund Transfer
Proposed Fund
Revised
Object
Account
Total Appro.
Transfer From /
Approp. To
Fund
Code
Description
To Date
(To)
Date
2800
9502
Furniture
$110,000
$0
$110,000
2001
9504
Equip
$50,000
$0
$50,000
2800
9504
Equip
$50,000
$0
$50,000
Total Equip.
$100,000
$0
$100,000
2605
9601
Design
$6,531
($6,531)
($0)
2800
9601
Design
$428,231
$21,770
$450,001
2904
9601
Design
$15,239
($15,239)
($0)
Total Design
$450,001
$0
$450,001
2605
9610
Land Acq.
$278,408
($278,408)
$0
2800
9610
Land Acq.
$0
$399,792
$399,792
2904
9610
Land Acq.
$642,384
($121,384)
$521,000
Total Land
$920,792
$0
$920,792
2800
9620
Buildings
$4,180,000
$0
$4,180,000
2800
9650 linspection
$200,000
$0
$200,000
Project Totals:
$5,960,793
$0
$5,960,793
Fund Summary
2001
TSM
$50,000
$0
$50,000
2605
Gas Tax
$284,939
($284,939)
($0)
2800
Endowment
$4,968,231
$421,562
$5,389,793
2904
MRA
$657,623
$136,623
$521,000
Total
$5,960,793
$0
$5,960,793
0� u ,,t , ►
�.
CITY OF MOORPARK
Capital Improvement Project
Budget Re -Cap Sheet
Exhibit: 6 (2 of 2)
Date: May 25, 2005
Fiscal Year: FY 04/05
Department: Public Works Department: 8310
Project Title: Corporation Yard Project Number: 8041
Requested Budget
Amendment / Revised Total
Appropriations
Fund
Object
Code
Account
Description
Current FY
Total Budget
Proposed
Bud et Change
Proposed
Revised Current
FY Budget
Previous Total
Appropr. w/
Transfers
Proposed
Revised Total
Approp.
2800
9502
Furniture
$110,000
$0
$110,000
$110,000
$110,000
2001
2800
9504
9504
Equip
Equip
Total Equip.
$50,000
$50,000
$100,000
$0
$0
$0
$50,000
$50,000
$100,000
$50,000
$50,000
$100,000
$50,000
$50,000
$100,000
2800
2904
9601
9601
Design
Design
Total Design
$227,205
$0
$227,205
$0
$0
$0
$227,205
$0
$227,205
$450,001
($0)
$450,001
$450,001
($0)
$450,001
2800
2904
9610
9610
Land Acq.
Land Acq.
Total Design
$0
$0
$0
$0
$0
$0
$0
$0
$0
$399,792
$521,000
$920,792
$399,792
$521,000
$920,792
2800
9620
Buildings
$4,180,000
$1,806,200
$5,986,200
$4,180,000
$5,986,200
2800
1 9650
lInspection
$200,000
$50,000
$250,000
$200,000
$250,000
Project Totals:
$4,817,205
$1,856,200
$6,673,405
$5,960,793
$7,816,993
Propossed Revised
Funding mary
Fund
Fund Name
Total Prior
Years'
Expenses
Current FY
Beginning Year
Budget
--Previously
Approved
Appropr. This
FY
Proposed
Additional
Appropr. This
Time
Proposed
Revised Total
Appro -
2001
TSM
$0
$0
$50,000
$0
$50,000
2800
Endowment
$622,588
$4,318,230
$448,975
$1,856,200
$7,245,993
2904
MRA
$521,000
$0
$0
$521,000
Project Totals:
$1,143,588
$4,318,230
$498,975
$1,856,200
$7,816,993
Less Future Revenue to the Endowment Fund from the proceeds of the sale of the westerly parcel
Revised Net:
($400,000)
$7,416,993
00013?
Exhibit 7
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FY
2004/05 BUDGET TO REVISE THE AMOUNTS OF THE
APPROPRIATIONS AND BUDGET FOR PROJECT 8041:
CORPORATION YARD [TRANSPORTATION SYSTEMS
MANAGEMENT FUND (FUND 2001); GAS TAX FUND
(FUND 2605); ENDOWMENT FUND (FUND 2800) AND
MRA FUND (FUND 2904)]
WHEREAS, on June 16, 2004, the City Council adopted the
Budget for Fiscal Year 2004/05; and
WHEREAS, a staff report has been presented to the City
Council requesting Fund transfers in the aggregate amount of
$421,562, which are required in order to revise the funding
sources for certain prior year expenses; and
WHEREAS, said staff report also requests approval of a budget
increase in the aggregate amount of $1,856,200; and
WHEREAS, Exhibits "A" and "B ", attached hereto and made a
part hereof, describe said Fund transfers, budget amendment and
their resultant impacts to the budget line item(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That certain fund transfers in the aggregate
amount of $421,562, as more particularly described in Exhibit "A ",
are hereby approved.
SECTION 2. That a Budget amendment in the aggregate increase
of $1,856,200, as more particularly described in Exhibit "B ", is
hereby approved.
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 1St day of June, 2005.
ATTEST:
Patrick Hunter, Mayor
Deborah S. Traffenstedt, City Clerk
Attachment:
Exhibit 'A': Fund Transfer Detail
Exhibit 'B': Budget Amendment Detail
0 1 .TO
Resolution No. 2005
Exhibit "A"
B. Fund Transfer
Amount
(284,939)
. ... ... .... .. .......... . . .....
562
. . ...... .. . ... ....
(136,6
0
C. Total Appropriations Re-Cap
......... . ... .... . .......... ............ ..... ................. . . . ......... ........... ............. ...... . ..... . ........
I ...... . ............. . .. . ................ .
Current!
. . .. . ...... . . ....... . ....... . .. . ............... . .... ...........
. ...................
..... ..... ............... ......... . ..... ....... ......
Total
Fiscal Year!
Prior Yr.
Revisedl
lAccount Number
Budget!
Costs
Appropriations'
2001.8310.8041.xxxx
. . ... . ... ......... . ...... ............. .. . .. ............. ...... . ....... ......... .......
.. . ........... .... . .. .
i -7-50,000 is
....................... .. ... ................... . ........... - - ---------
.........
0
$
50,000
2605.8310.8041.xxxx
..... . ...... ... . ........
. .
. ........ .. . ....... . ....... .. . ........... . .........
2 939
I 2800.8310.8041.xxxx
... . .... . ......... ..... .... ...... 1 ... . .. . ......... 1.1-1 .......... .. . ...... . . .. . .............. ........ . .
1 $ 4,767,
201, 02'
. . .............. _..... ........ ....
968,231
... ......... . .... .................... . .. . ..................... . ........................ .......................
. . ........ . ...
-
. .......... . .
2
657,M
. . ....... ...... . .. . ........... ...... . ...... . ....... ..
T
$
...... ............... . .. . ... . ... ......4., .8..1.. 7.,205 $
....... ... .. ... .... ............
1, 143,588
. ....... ... ..... ... . ............................
.......... . . ............
5,
.......9........6. ..... 0. .... ,...... . 7 .....9.. 3
........
D. Total Revised Appropriations
...... . . .......
.... . ..... ..... . ..........
Total
total,
....... . .... . ........ . . _. ............. .. ...
Total
Current;
Requested'
Revised',
lAccount Number
........ . .. _�ro riations 1
Chan (s)
A ppr
riations
2001.8310.8041.xxxx
................ ....... ....... . . . .. . ..... . ...................... - . ............ . .. ........ .
. ........ .
. ..... $ 50,000 1 $
_nge
0
s
50,000
i'2605.8310.8041.x xxx
* _8* .
-1 . ... ...
" _x _x-
i $ 284,939 $
........... . .. . ....... .. .... .... .. - - ... . . . ....... . ... -
(284, ...... .... . ............
. ....... . ...
...........
.......... ........ ..
7
1 0 0 4' x- k
----------- - - - -------
4, 231 $
421,562
............
5, 3 ��I-
. .. ..............
2904.8310.8041.xxxx
........ . .... ......... . . . ................... .......... .................... ......... . .....
$ 657 -,--6*'-2*'3'-.--!
........ .. . . .. ...............
. . ...........
$
......... ................ . . ..... . . .............
521,000
.. .
. . ........... . ...... .
. .... . ...... . ............................ . .. . .... - .. . ....... . ............... . .....
.......... . 4
$ 5,960,793 1 $ i
0 1
$
5,960,793
E. Distribution to
. ... ......... . .. ...... . ............... . . . . . ............................................
Expense Accounts
..... ...... ....... . ...............
....... ....... ........ ........... ... ........... . . ................
Total!
lAppropriationsl
. . . .... ....
. ..... . . ......... . ........ . ... . .................. . . . . ................ . .........
Requested:
........
... . ... . .................. .... . . ........ . ........... - . ........ ......
Total,
Revised!
'Account Number
To Date!
Chano
Appropriations
26 0 5..-..-.8 310.8 041. 9601
. _. .......
$ 6,531
1 $
(6,531)
$
0
.. .
i2800.8310.8041.9
-
... . ......... ....... ..... .. .... . ..... .. . ................... .......... ....... ... . ...............
$ 428 231
.. . . ............................................ . .. ... ........
1
... . .... .
..... . ......... . .. .........
. .........
.......... ...
4'5'0,001
2904.8310.8041.9601
. . .. . . ...... .. .......................... . ....
239
......
$
. ..... . ..... . ... . . . ....... __...__._....__ . ..... .............................
(15,239)
$
...................... .... ................ ... . .. ...........
Design Total
I 45 0 001
$
0 i
$
450,001
8" 0' 41 6- 0
_2605. 8310. . . ....... . .......................
_8 - 0' D"T8, -
- 1- -0 - - ----
. ... 7 8,408
. .......... .... . . . ........ . .... . ...
$
_4 "0 8 1
$
....... . . ...... . ....
3 8' 41___.9_6 10
..... ...... ........ .......... ..... ...... . . ............ ....
. .... .. 0
$
399,792
$
3
.8041.961 6
.... . . . ... . ...... ........ ... ............ ... ..... . .........
. ..............
$ 6 4 2, 3 8-4
1 3- -8-4-
521,000
Land n d f6_ Total
...... . . .... .......... ........ .. . .......... . . . .... ...........................
It $ 920,792
........... . ....... . ...... . . .. . ............ . . . . ............. . .. ............ . ..... .
$
. ........ ............ ..... . .. .....................
$
920,792
Approved
. .....
. ..............................
. ... ... . ........ . ... . ........... . .. .............
as to form:
000136
Reso1ur-.ion N,,-). 200")
Exhibit-- "B"
Revised Appropriations ations & Budget
For Project 8041:
Corporation Yard
A. Fund Allocation
B. FY 04/05 Budget Re-Cap
Approved as to form:
..... ...... .. .. ................
YU, V/ J, 4UJ
....... .. . .... ........... . .... ..... .
C. Total Appropriations Re-Cap
........ . .. . .... ........ ... ... .... ............. .. ... ......... ....... . . ............ . ..... . .. .............. .
. . .... . .... . ....... . .... .... .. .......... . . ...... . ............... ........ ......... .. . ........... ..... ..........
Revised:
. .. . .... ......
Prior:
... .......... . .. . .. ................ ... .......
FY 04/05'
Totali
Account Number
et;
Budget; sts Appropriations;
2001.8310.8041.x7xx
...
50,000x$
0 1 $
_..I
50,00
. . .. . ....... .............. ... . . . .. . ....... . ...............
.8310.8041.xxxx
. . .. ...........
..... ........ ............. . ..... .................. .. . ... ........
... $ 6,623,405 1 $
.... ... .....
622,58-8 $
- - ---- - --------- ---- ------
7,245,993
.
.. . ... . .....
. . ......... .......... .... ---------- ......... . . ....... ...... .. ......... .... ......
$
521,
521,060
.......... ............. .......
6, 673,405 $ 1,143,588 $
... . ....... .... . ............. ........ ..... ........ __ ........... . ... . - . ....... I . ........ . .. .
7,816,.993
............ I .. . . . ... . ........ ................. . ..
D. Distribution of Appropriations to Expense
.. ... . ....... . ........
Accounts
....................... ...... ...... . ... .
.. ....... . . ... . ........ ... ...... ... - . ... . .....
Current!
. . . . ....... . ........ ........
Subject!
.. ... . ..... .
Revised
FY 04/05 'Appropriation;
FY 04/05
Account Number
. . ....... . ........ Budget!
(Reduction)
Budget
.2800.8310.8041.9502:
........ .. . .............. . _.-
Furnish 110,000 1
$ 0
$ 110,000
.... . ......... ... . . .......
.8310.8041.9504
............. - .. .......... . .... ...... . ... . . ..... ...
50,000
. . . . .............. . ............
$ 0
$ 50,000
.8041.9504:
... . ..... .. ..... ........... ... .. .......... . . .
Equi 50,000!
. . ..............
$ ...... ..... . .. . .... . .... .....
0
...... . ..... .
$ 50,000
.... .. ... . ....... ......... ..... Equipment
......
. 1 100,000 1
.._J
$ 0
$ 100,000
.
.8310.8041.9601:
.. ....... ... ...
. . ...... ...... . ........ .
Desi n 205
... . ......... ..
227,205
. ......... . .8041.9640:
- ------
.... ............
Const. 180,00 0
-, --
$1,806,200
$5,986,200
2800. 6S-O-:,
... .. . ......... ... ........... . . ......
....... .. . . . . .... . ............... . .
Insp. $ 200,000
.... ............ ... ......
. . .........
$ 50,000
. ......... .......... ..... .. ...... ....... ..
$ 250,000
...... . ... -
... ........... ........ .. . ....................
..... . ......
Total
. ....... ............... . ... - .. ...........
Project $4,817,205
. ........... ... ...... ......
$1,856,200
$6,673,405
Approved as to form:
McGiLUVRAY CONSTRUCTION, INC.
May 19, 2005 Sent via fax 805 -529 -7358
And US Mail
Kenneth Gilbert
Director of Public Works
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Project # 201 City of Moorpark Corporate Yard Bid
Dear Kenneth:
McGillivray Construction delivered the bid for Project # 2501, City of Moorpark Corporate
Yard, to the specified address at 799 Moorpark Ave prior to the bid closing time of 10:00
AM, May 19, 2005. The Instructions to Bidders states that the bid... "Must be sealed and
delivered to 799 Moorpark Ave before 10:00 AM ". According to the time available to us
as provided by Cingular Wireless, our cell phone provider, the bid was delivered to the
premises by the specified time, even though while attempting to enter the City Hall our
project manage David Hunt encountered two men, one in an orange shirt and one in a
black jacket or shirt, who attempted to misdirect him to another location. For your
information, we have determined that the indicated time on all company cell phones from
Cingular wireless provide time from an external source. Three separate cell phones
substantiated the basis for the timing of our bid delivery.
The method for determination of the amount of the lowest bid is found at the bottom of
page one of Bid Schedule # 1 of the Bid documents. It states, "In accordance with the
California Public Contracts Code Section 20103.8 Item B, award of contract shall be
based on the lowest bid as follows: 1. Base Bid + Additive, Alternate # 1 only." The
term," Base Bid" is defined on that page as, " the Grand Total Lump Sum shall be
hereinafter referred to as the Base Bid ",
Li .4 vii 'the iiniJrn iatioi UCJii iucu above, the uu- iiiivr ay Construction bid is caicuiatea
by adding the amount on the Lump Sum Base Bid line in the amount of ($4,904,315.83)
plus the additive alternate # 1 in the amount of ($118,000.00) for a total of
$5,022,315.83. Since the McGillivray Bid is $382,684.17 lower than the next lowest bid,
McGillivray Construction is the lowest responsible bidder for the City of Moorpark
Corporate Yard Project.
Sincerely,
Stephen McGillivray
President
Cc Joseph Montes City of Moorpark Attorney
Ray Myer Esq.
PO C,nti. jir', I I
QIl1i�;��c
Soltek
Pit
May 24, 2005
Mr. Ken Gilbert
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
Reference: City of Moorpark Corporate Yard
Project No, 2501
Dear Mr. Gilbert,
2424 Congress Street
San Diego. California 92110 -2888
619- 296 -6247 EOE
619- 296 -7109 fax
Contractor license 703828
VIA FAX (805) 529 -7358
Soltek Pacific protests the apparent low bid for the above referenced project submitted by McGillivray
Construction, Incorporated, due to the fact that McGillivray's bid is non - responsive to the requirements of
both the bidding documents and California Contract Code. Specifically, a review of McGillivray's List of
Subcontractors included as part of their bid has revealed they neglected to provide vital information for
their subcontractors, including the portion of work that each subcontractor is to perform as well each
subcontractor's address. This omitted information is in clear violation of page one of the List of
Subcontractors, paragraph one, which states "Without exception, the bidder is required to state the name
and address of each subcontractor and the portion of work which each will do as required by, and in
conformance with, the Public Contracts Code, Sections 4100 to 4113, inclusive."
Although the omission of this information may initially appear superficial, the reasoning for these
requirements is clearly covered in the referenced sections of the Public Contracts Code, and is designed to
cease the mischief and malfeasance of the practice of bid shopping. Additionally, providing the required
information within the allocated time parameters of the bid is part of the responsibility and responsiveness
of each prime contractor; to waive such requirements for any specific bidding contractor would not only
violate the terms and conditions that all other bidders are abiding by, but would also provide said bidder
with an unfair bid advantage over the others by essentially allowing that contractor more time to complete
the bid.
In conclusion, the bid submitted by McGallivray Construction, Incorporated for the City of Moorpark
Corporate Yard must be considered non - responsive as supported by these relevant facts and law.
Accordingly, as the qualified, lowest, responsible and responsive bidder, Soltek Pacific should be
awarded this referenced project.
We thank you in advance for your review of this matter, and appreciate your further consideration and
action. Should we be of further assistance, please contact us at (619) 296 -6247.
Sincerely,
SOLTEK PP CCK
Stephen W. Thompson
Chief Executive Officer
ot00A,39
I
U01 1JI LUUJ 10. 1:J 100;J040J0 / J I•R,Ul LLl VMRT F pup 01
MCCILUVRAY C0MSTR 1tC I0N INC,
1800 NORTH OLIVE STREET, SUITE D VENTURA, CA 93001 ITEM 9.13.
PO Box 9S6 VENTURA, CA 93002 -0956
TEL: 805.648.1517 FAX: 805.648.5875
June 15, 2005 Sent Via Facsimile 805 -529 -7358
City of Moorpark Council Members
Kenneth Gilbert C
Director of Public Works RECEIVED
799 Moorpark Avenue
- - - - -- - - ,JUN 15 1005
RE: Project # 2501 City of Moorpark Corporate Yard Hid
Dear Council Members:
CITY CLERK'S DIVISION
CITY OF MOORPARK
I am in receipt of staff's letter indicating you are recommending the Corporation Yard Facility Project be
awarded to the next lowest bidder who is approximately $400,000.00 higher than the bid submitted by our
firm,
Although I respect the opinion of staff and council, I wish to inform you that McGillivray Construction, as a
qualified bidder, submitted our bid for the Corporate Yard Project in good faith and at great expense. Staff'
has indicated that we were two minutes late - a point that we feel is disputable - and that certain information
regarding each listed subcontractor was omitted. More specifically, the location (city) of th.e listed
subcontractors business and their portion of work to be completed was not included on tl�le bid form. What
was included however with each subcontractor was his or her California State License number, which, when
investigated, provides all information requested and can be obtained in an instant via the Internet. Although
the bid did not directly spell out this information - and we regret and apologize for this - we maintain that
these omissions are minor in nature and not of material significance since they were referenced by the license
information provided.
The economic consequences to the City of Moorpark and to our company will be substantial if. this contract
is awarded to the next highest bidder.
I understand the City's position to protect itself and be even - handed. In light of the circumstances and
financial impact to the city and our firm, if the contract cannot be awarded to the lowest bidder, the conflict
could be resolved by sending the project out to re -bid. We have reviewed our submitted bid and feel
confident that it could be duplicated, all things being equal. Additionally it is our opinion that construction
pricing has stabilized and after some volatility is currently very flat.
I would appeal to your common sense and request that you consider McGillivray Construction's bid for
award of this contract and ignore the minor irregularities or submit the project for re -bid. Thank you.
Respectfully submitted,
Stephen McGillivray
President
Cc Raymond Meyer Esq.