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HomeMy WebLinkAbout13-Public Works CITY' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File No.1. 7063 From: ROGER G. HARDGRAVE Subject: Award of Contract -. Placenent of Final I-inch of Pavement on Hospitality Lane, fron Gage Canal to Tippecanoe Avenue, per Plan No. 9610 -- J..AIRD CONSTRUCTION COMPANY, INC. Dept: Date: 3-13-97 OfllGli/Al Public Horks Synopsis of Previous Council action: June, 1996 Allocation of $75,000, in 1996/97 H Sales and Road Tax Fund, approved. 01-27-97 --- Plans approved and authorization granted to advertise. Recommended motion: 1. That the transfer of $12,800, froM Account No. 129-367-.5504- 7069, "IMproveMent of Coulston Avenue," to Account No. 129-367- 5504-7063, "Pavement on Hospitality Lane," be approved. and 2. Adopt resolution. cc: Fred Wilson Jin Pennan Construction Insp. a Contact person: Roqer G. Hardqrave Phone: 5025 Supporting data attached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: $87,800 (1/2<:: Sales & Road Tax Fund) Source: (Acct. No.) 129-367-5504-7063 Acct. Descri tion to Tippecanoe Avenue Finance: Council Notes: /I/g ()~In/~ 75-0262 Agenda I tl .-, ~~~..,--~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Bids for placement of the final l-inch of pavement on Hospi tali ty Lane, from Gage Canal to Tippecanoe Avenue, were opened at 2:00 p.m., Tuesday, 2-25-97. A total of 7 bids were received, ranging frOM $73,735.40 to $138,240.14. The low bid of $73,735.40 is 20.2% over the Engineer's Estimate of $61,337.00. Listed below is an estimate of the total project cost, based upon the actual low bid price: Construction Contract $ 73,735.40 Engineering & Inspection (W.O. #7063) 6,134.00 Sub-Total $ 79,869.40 Contingencies (10%) :!: 7,930.60 TOTAL ESTIMATED PROJECT COST $ 87,800.00 All costs incurred for this project will be financed from the $75,000 allocated under Account No. 129-367-5504-7063. Supplemental funds in the amount of $12,800 will be needed to fully finance the total estiMated project cost. We recommend that the $12,800 be transferred from the available balance in Account No. 129-367-5504-7069, "IMprOVePlent of Coulston Avenue." In view of the number of bids received, it appears that the Engineer's Estimate does not fully reflect current pricing levels. Therefore, we reconnend that the transfer of supple-. mental funds be approved, and a contract awarded tCi the low bidder. Revised 3-.13-97 75.0264 _I ~ tl ~( ~I -il-~ .q l.:u.~.;)., \(\' M ~ ~, ~. ......~~~~, ~NlJ't-.:<S"\J ?'"~MI'-JM~t--.: ~M~t'-t--Kt'-.. t-.. ........ .~ ~ ~ .~ ..... ~ ~ p ~ ''I n ~i ~ ~ ~5 ~I ~ I. Z ~II' '" 0\ ~ '\i .t'l... I " 0 , ~ ~ ~ ~~u ~ ~~ ~ ~~ ~ o o CD .J ~ o ii ... o ... z :;) o :E c I I - , ~! \\.J~g ~ ~ ~~ ~~~ ~\u~ ,4. "~;'? ~~U, ~ ~~1 iG ]' r- t \i ; -~O') III :"\1l~ I 0: ..J ... 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'7 "< ..... <t l:J ....8~ Q. <r D U) 71 ~ % ,'~ ,61 e '~ \J 't J ~ ti <r ~ fi ~ ~' ~ ,~ I- (- 3 ~ Ct) ~ .s ~ 0.- CI I el 8~a I ~, 0I1~IB :1 ~13' ~~' ~ ~ ~ ..qW,......l:t ~ ~ NI MI . ~ ~ ~ = ~ I I : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLU';"ION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC. FOR PLACEMENT OF THE FINAL I-INCH OF PAVEl4ENT ON HOSPITALITY LANE, FROll THE GAGE CANAL TO TIPPECANOE AVENUE. BE IT RESOLVED BY THE MAYOR AND COllMOl:l COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Laird Construction Company, Inc. is the lowest responsible bidder for: Placement of the final I-inch of pavement on Hospi tali ty Lane, fron the Gage Canal to Tippecanoe Avenue, per Plan No. 9610. A contract is awarded accordingly to said bidder for the total anount of $ 7 3,735.40, but such award shall be effective only upon the contract being fully executed by both parties. All other bids, therefore, are hereby rej ected. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file 15 in the office of the City Clerk and incorporated herein by 16 17 18 19 20 21 reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modi fica- tions thereto shall not take effect or becone operative until fully signed and executed by the parties and no party shall be obligated hereunder until the tine of such full execution. No oral agreements, anendnents, modifications or waivers are 22 intended or authorized and shall not be implied from any act or 23 course of conduct of any party. 24 SECTION 3. This resolution is rescinded if the parties 25 to the contract fail to execute it within ninety (90) days .of the 26 passage of this resolution. 27 / / / / 28 / / / / Revised 3-13-97 RESO: AWARDING CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC. -- PAVEMENT, HOSPITALITY LANE. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a Meeting thereof, held on the 4 day of 5 Council Members: 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN , 1997, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT 11 ANDERSON 12 MILLER 13 14 15 16 17 day of 18 Rachel Clark, City Clerk The foregoing resolution is hereby approved this , 1997. Tom ~1inor, Mayor Ci ty of San Bernardino 19 Approved as to form 20 and legal content: 21 22 James F. Penman City Attorney 23 24 By 25 26 27 28 - 2 - Entered into Record.. Couneil/CmyOevCms Mt,: CITY OF SAN BERN~RDINO INTER-OFFICE MEM6)BMNDUM o/I7/~1 #tlJ TO: FROM: DATE: RE: Mayor and Council Members ~~ City Clerk/COC Seey City of San Bernardino Henry Empeno, Deputy City Attorney March 17, 1997 AGENDA ITEM #13 - March 17, 1997 COUNCIL MEETING RESOLUTION A WARDING A CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC. FOR PAVEMENT ON HOSPITALITY LANE FROM THE GAGE CANAL TO TIPPECANOE AVENUE We request that the Mayor and Council reject all bids and direct the Public Works Department (hereinafter "Public Works") to readvertise for bids with the correct bid specifications. Public Works has submitted an initial Staff Report dated February 26,1997 (attached) and then subsequently submitted a Revised Staff Report and Resolution dated March 13, 1997 (also attached). The initial Staff Report proposed to award the contract to Laird Construction Co., the apparent low bidder, for $67,082 after deleting Bid Item No.8 for furnishing and placing a seal coat ($6,653.40). Gene Klatt, Assistant City Engineer, informed me that Public Works discovered that this seal coat was the wrong type of sealant after the bids were advertised, but before bid opening. After I questioned whether deleting Bid Item No.8 from the second lowest bidder, Holland-Lowe Construction, Inc., would make a difference, Mr. Klatt discovered that this deletion would then make Holland-Lowe Construction the lowest bidder. Holland-Lowe's initial bid was only $208.02 higher than Laird Construction. Mr. Klatt then agreed to pull this item off of the Council Agenda. After later discovering that this item remained on the Council's Agenda, Public Works then submitted the Revised Staff Report and Resolution which still awarded the contract to Laird Construction but now without deleting Bid Item No.8. After I again questioned this, Mr. Klatt said that Public Works now intends to later grant Laird Construction a change order which would delete Bid Item No.8 and add the correct sealant at a modified price. Clearly, this is an invalid procedure because the City avoids the legal requirement that it must award the contract to the lowest responsible bidder. Prior to awarding the contract, Public Works apparently decided to misuse a change order to revise the work after awarding the contract for the purpose of protecting Laird Construction as the lowest bidder. Instead, prior to bid opening, Public Works should have issued an Addendum (a correction) to the Bid Specifications, and if necessary, extended the bid opening date. We advise that the Mayor and Common Council must now reject all bids and direct Public Works to readvertise for bids with the correct bid specifications. :#~ ~'~/. HENRYEMPENO . Deputy City Attorney CC: James F. Penman, City Attorney Roger Hardgrave, Director of Public Works, City Engineer 1FJ3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File No. 1. 7063 Date: 2-26-97 c~ i;'(Jiiv'AL Subject: Award of Contract .. PlaceMent of Final I-inch of Pavement on Hospitality Lane, from Gage Canal to Tippecanoe Avenue, per Plan No. 9610 -- LAIRD CONSTRUCTION COMPANY, INC. From: ROGER G. HARDGRAVE Dept: Public Works Synopsis of Previous Council action: June, 1996 - Allocation of $75,000, in 1996/97 !i' Sales and Road Tax Fund, approved. 01-27-97 - Plans approved and authorization granted to advertise. Recommended motion: Adopt resoluti0n. cc: Fred Wilson Jim PenMan Const. Insp. ~~ Signature Contact person: Roger G. Har(larave Phone: 50?'> Supporting data attached: Staff Report Ward: 3 FUNDING REOUIREMENTS: Amount: $75,000 (1/2i' Sales & Road Tax Fund) Source: (Acct. No.) 129-367-5504-7063 Acct. Descri Finance" to Tippecanoe Avenue Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Bids for placement of the final l-inch of pavement on Hospi tali ty Lane, from Gage Canal to Tippecanoe Avenue, were opened at 2:00 p.m., Tuesday, 2-25-97. / A total of 7 bids were received, ranging from $73,735.40 to $138,240.14. The low bid of $73,735.40 is 20.2% over the Engineer's Estimate of $61,337.00. Bid item No. 8 is for furnishing and placing a seal coat. The low bid includes a unit price of $0.65 per square yard for this item, which extends to an amount .of $6,653.40. It is proposed to delete this item from the contract award, which will reduce the low bid price to $67,082.00. Listed below is an estimate of the total project cost, based upon the adjusted low bid price: Construction Contract (Less Item No; 8) $ 67,082.00 Engineering & Inspection (W.O. #70~3) 6,134.00 Syb-Total $ 73,216.00 ContingenJies (2%)i 1,784.00 TOTAL ESTIMATED P~OJECT COST $ 75,000.00 All costs incurred for this Lroject will be financed from the $75,000 allocated under Account/No. 129-367-5504-7063. In view of the number the Engineer's Estimate does levels. Therefore, we recomme Bid Item No.8, to the low bid o bids received, it appears that ot fully relfect current price that a contract be awarded, less 2-26-97 L 75-0264 ~ R I \.0 \J!: ~~ ~ J ~ a.&.I ~I ~ ~: ~i : cr-- ~ I(i ~::; > ~~~ ~~ ,~ ;,.j :0>\..," ' , .\ '-! ~\ '" :"', \<;" ,"- , 1-"1 '1 .11.1 ~ ~I' ~. , " ~ ~ I AI ~ ......., C) ;: Nt \!' I t--. I c-, ~t "Ji .\.- ~ Mr tv)')\. \'1\]' ~ ~). ~ \VI ~! t'-: J:'.... K t--....' L'" ......... 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' 0 l-\ll " ~ C,i \ I , <( W' : 0._1 ;>: iii cr I' lXl :> . \ fa 15 ", 0 ..J uJ 0: f- ~ 0 " z <( u z U.J Z ~ ~ 0: :t <( ~ (I) u Co. 0: 0 a: Co. :> c( i:&: co ~ ~ ~ ! -b I i I I I I , - ~ 0 '\"1 l\.'~ '. \I ~ ~I ~ ::, i \, I ). , '-l I ~ ~ ~I ,-l- :tl "~ H- ~~~ i ~ I ~ f ~ \u ~ ,4. 8 41 ~ l!) <( ~ ~ '6 0 ~I ~ :t. 8 <f 1\, I , 1-1 I , I i 1~ I ~ -:1 ~i ~~ ~ 1-', ..... 0 .I ~ \~~ .~ ~, ~r ~ ~~ ~I D 1 ~I S ~ _~, ~ ~' '~~i e . h ..J : ~~ ~ ~ al ~ ~ ~ ~ E ~ ~ ~ '7 I- 1_ ] .' :? o t;~..., ~ ll.. <( fI) VI Q ~ <1 u ~ A- ~ ~ ~ 0 ~ ':::>:;> ---.l /0 0- ~~8~\~Z~ ~ Q~Q '::Et;...~~~ Z ~ (J ::c a 8~= t5 I q: . \J ~ 0:::E~ 0 ~ '< t- ~ ~~~ ii: is l:j G-; \.9 ~ ;l t5~~ fS 5 I w <4- ~ut ~ ii: I ::Ei~ 0 u ~ N ~ ~ ~ ~ ~ ~ s ~ ~ ~ ~ ~ c5lib Q ~ I .... t-ll..(I) !Xl I/) I t'\ \l'-' ~i .......1 U.J f- <( o (!) z z U.J c- o Cl co I I I Ik 1 ' i: ~ ~ > <( lXl lXl o ci U.J lXl 0: U ~ Z ~ ~ ~~ ..... .! \! ""'!~I 3~1 ~ ~l I- '-'I ~~ (!) . Z 0 _ Z ffi !z ~ ~ (; 8 Z U LLI <( c c a: z w C -' C " .... z w ~ .... a: 00: .. w C w -' d ii: c ~i jjj > \51 a: 00: z i 00: <J ;>: Z lXl 0 0 ~ LLI a: U Iii Z ~ i 0 ~ Z Z 00: <( w C to Z i <( C LLI ~ Z LLI r: A- i 0 Ul i Q Iii lXl Q . ~ (g(Q)[?))1 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A COHTRACT TO LAIRD CONSTRUCTION COMPANY, INC., FOR PLACEMENT OF 3 THE FINAL I-INCH OF PAVEMENT ON HOSPITALITY LANE, FRm1 THE GAGE CANAL TO TIPPECANOE AVENUE. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIJ, OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Laird Construction Conpany, is the 7 lowest responsible bidder for: Placement of 8 pavement on Hospitality Lane, from the Gage sinal to Tippecanoe 9 Avenue, per Plan No. 9610. A contract is awarded accordingly to 10 said bidder, except for Bid Item No.8, for the total adjusted 11 amount of $67,082.00, but such award shall be effective only upon 12 the contract being fully executed by both parties. All other 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bids, therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or nodifica- tions thereto shall not take effect or become operative until fully signed and exe9uted by the parties and no party shall be obligated hereunder/until the time of such full execution. No oral agreements"" amendments, modifir:ations or waivers are / , intended or authorized and shall not be implied fron any act or / course of cond~ct of any party. SECTl'ON 3. This resolution is rescinded if the parties to the contract fail to execute it within ninety (90) days of the passage of this resolution. / / / / 2-26-97 ~ ! RESO: AWARDING CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC. __ PAVEMENT, HOSPITALITY LANE. . '. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a Meeting thereof, held on the 4 day of 5 Council Members: 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN 11 ANDERSON , 1997, by the following vote, to-wit: , AYES NAYS ABSTAIN ABSE~ / / / /' / / / 12 MILLER 13 14 15 16 17 day of 18 Rachel Clark, City Clerk The foregoing resolution is hereby approved this , 1997. Tom Minor, Mayor City of San Bernardino 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 By 25 26 27 28 - 2 -