REPORT TO COUNCIL
SUBJECT
Title
Reject the Sole Bid Received for PW19-16 for Performing Arts Infrastructure-Orchestra Pit Cover Renovation, Award of Bid No. PW19-25 to Tochi for Performing Arts Infrastructure-Orchestra Pit Cover Renovation Re-Bid, and make a Finding of California Environmental Quality Act (CEQA) Categorical Exemption
Report
REPORT IN BRIEF
Staff recommends that Council reject the sole bid received in response to Invitation for Bids PW19-16 for Performing Arts Infrastructure-Orchestra Pit Cover Renovation. Approval is requested to award a construction contract in the amount of $188,800 to Tochi of San Jose for the Performing Arts Infrastructure-Orchestra Pit Cover Renovation Re-Bid (Public Works Project No. PR-18-06) and for a 10% construction contingency in the amount of $18,880.
EXISTING POLICY
Pursuant to Section 2.09.040 of the Sunnyvale Municipal Code, City Council approval is required for construction contracts exceeding $100,000 in any one transaction. Pursuant to Chapter 2.09.140(b) of the Sunnyvale Municipal Code, City Council approval is required to reject public works construction bids greater than $100,000.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from further environmental review pursuant to Class 2, Section 15302(c) of the State CEQA Guidelines as replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
BACKGROUND AND DISCUSSION
The FY 2019/20 Budget includes Project 832800 - Performing Arts Center Infrastructure, which provides for infrastructure repairs and renovations for the Performing Arts Center theater and dance studio facilities located at the Community Center campus. It includes replacement of the orchestra pit cover, seating and other renovations to meet current codes. Other facility enhancements include accessibility, restroom expansion, quiet theater door closure systems and new projector systems.
This phase of the project will provide for a new, easily removable pit cover system, and improvements to stabilize this area of the stage and ensure it meets all the current building code requirements. The new design will provide an open space at the orchestra pit floor and an open view of the orchestra from the audience, once the covers are removed.
The project was originally advertised for competitive bidding on the City’s DemandStar public procurement network and distributed to the Bay Area Builder’s Exchange on April 10, 2019, and distributed to nine (9) contractors. Seven (7) contractors requested bid documents. Sealed bids were opened on April, 26, 2019, with one bid received from Tochi (see Attachment 1 - Bid Summary). However, the bid was deemed non-responsive because the bidder did not meet the California licensing requirement. The original bid required a Class “A” general engineering contractor license. Staff evaluated the need for this type of license and determined that a Class “B” general building contractor license is suitable for the type of work being performed. The project license requirement was revised, and due to the time constraint requiring the project to complete in the summer season, the limited number of interested and available contractors and the required time to advertise publicly, the revised project was advertised in the Mercury News and the City’s DemandStar public procurement network and re-distributed to Bay Area Builders Exchange on May 17, 2019. Sealed bids were opened on June 5, 2019 with only one responsive bid received. Tochi as the responsive and responsible sole bidder submitted a bid in the amount of $188,800 (Attachment 2 - Bid Summary).
FISCAL IMPACT
Funding for this project is available in Project 832800 - Performing Arts Center Infrastructure.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Reject the sole bid received in response to Invitation for Bids PW19-16 for Performing Arts Infrastructure-Orchestra Pit Cover Renovation
- Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302(c) for replacement or reconstruction of existing utility systems and/or facilities
- Award a contract in substantially the same form as Attachment 3 to the report in the amount of $188,800 to Tochi of San Jose for the Performing Arts Infrastructure-Orchestra Pit Cover Renovation Re-Bid
- Authorize the City Manager to execute the contract when all necessary conditions have been met
- Approve a 10% construction contingency in the amount of $18,880
Staff
Prepared by: Gregory S. Card, Purchasing Officer
Reviewed by: Timothy J. Kirby, Director of Finance
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Bid Summary (PW19-16)
2. Bid Summary (PW19-25)
3. Draft Construction Contract