HomeMy WebLinkAbout26-Public Works
CltV'OF SAN BERN(:5IDINO - RIQUEST ~ COUNCIL ACTION
From:. ROGER G. HARDGRAVE REe'1).-AItM1.f4~:
Dtpt: Public works/Engineerill3 MAR 16 AM S.47
Dm: 3-03-89
Award of Contract --Construction
of Lighting Improvements for
Soccer Field at Nunez Park, per
Plan No. 7597 --
ELECTRO CONSTRUCTION CORP. Sfll..."
Synopsis of Previous Council action: .
June, 1987 - Allocation of $48,580 from 1986 Rond Act Funds,
under Account No. 243-363-57530, approved in 19871
88 Budget.
June, 1988 - Supplemental allocation of $55,000.00, from Park
Construction Funds, approved in 1988/89 Budget.
02-06-89 -Plans approved and authorization granted to
advertise for bids.
02-06-89 - Finding made of need for health and safety reasons.
Recommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Richardson
~im Penman
Andy Green
Annie Ramos
Ward:
5125
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Contact person: Gene R. Klatt
Staff Report, Report of
Supporting data attached: Bids. Resolution
Phone:
FUNDING REQUIREMENTS:
Amount: $95.000.00
Source: {Acct. No.! 243-363-57530
{Acct. DescriDtionl
Nunez Park Soccer Field
Finance: (L..4J t)~
Liqhtinq
Council Notes:
A""nda Item No .:1..
. CITY OF SAN BBRtORDINO - REQUEST C)R COUNCIL ACTION
STAFF REPORT
Bids for this project were opened on Tuesday, February
28, 1989, at 2:00 p.m.
A total of 4 bids were received, ranging from a low of
$74,777.00 to a high of $107,577.00. The low bid is 22.1% under
the Engineer's Estimate of $96,000.00.
Listed below is an estimate of the total project cost,
based upon the actual low bid price:
Construction Contract
Engineering & Inspection (W.O. #1840)
Sub-Total
Contingencies (15%)!
TOTAL ESTIMATED PROJECT COST
$ 74,777
8,040
$ 82,817
12,183
$ 95,000
An amount of $48,580 was allocated in the 1987/88 Budget,
from the 1986 Bond Act Funds, and $55,000 was allocated in the
1988/89 Budget, from the Park Construction Fund, for a total
budgeted amount of $103,580. These funds were allocated under
Account No. 243-363-57530.
The low bidder failed to acknowledge receipt of Addendum
No. One in the space provided in the bid documents, but provided
a letter after the bid opening stating that he received the
addendum and his bid was based upon the revised plans and
specifications. The State Public Works Contract Code allows an
agency to waive minor irregularities in a bid. We have discussed
this omission with the City Attorney's Office, and they feel this
omission can be waived. The second low bidder has verbally
objected and may file a written protest.
We recommend that a contract be awarded to the low
bidder.
3-03-89
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February 28,_ 1989
City of San Bernardino
300 North "0" Street
San Bernardino, Ca. 92401
Att: Joe Reynolds
Re: Nunez Park, Contract #7597
Gentlemen:
,
Ibis letter is to confirm to you that we included Addendun #One
in our bid of this date.
Ibis included 2-200amp 2 pole lighting contactors and changing
the 4-15OW HPS security lights to 250W HPS security lights.
Yours very truly,
ElECI'RO CONSTRUCTION CORP.
(]/5~
~ S. Everson
President
JSE/csb
3021 ROWENA AVENUE' LOS ANGELES. CALIFORNIA 90039 . (213) 660-4141 . FACSIMILE (213) 660-6211
.
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---
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kunert
electric
RECEIVE"H'!'; y rt-'.-A8ftfH. 'FF.
'89 MAR 17 P1~JIAt 20 PH I: 08
p.o, DRAWER K LOMA UNDA. CA 92354 (714) 82$-7889
March 15, 1989
Mayor and Council
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418-0001
Attn: City Clerk (Please read this letter into the
report before the contract is voted
upon for the Nunez Park Soccer field
lighting.)
This letter is in reference to the Nunez Park Soccer
field lighting contract. Bids were opened February 28,
1989 at 2:00 pm. We were the second low bidder.
There was an addendum to the contract which added add-
itional work. The addendum stated in bold type that it
must be acknowledged. We acknowledged the addendum, the
low bidder did not. This is clearly in violation of
established contract procedure. (See CAL ATTY GEN 129
(1966) ). The City Engineer states he will waive this
irregularity to save the city $3,773.00. This is not the
case according to the arguments being made on the
Norton closing. Every dollar spent locally has a 21 times
multiplier. Our shop, employees and suppliers are all
from the City of San Bernardino, the low bidder is from
Los Angeles. You would save $3,773.00 and take $196,375.00
out of the local economy if the Norton figures are correct.
Further, please consider the message you will be sending
if you award to the low bidder.
1. Written directives on future bids will not be
necessary.
2. Established procedure is not followed in San
Bernardino.
3. Local business be damned.
Cont.
....
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Cont.
r ask you to take one of your two legal options (1)
award the bid to the second low bidder, (2) reject
all bids and re-advertise.
Thank you
matter.
(
- -
J es M. Kunert,
Owner
JMK/j h
cc; Mayor Evelyn Wilcox
Councilman 1st Ward Esther Estrada
Councilman 2nd Ward Jack Rielly
Councilman 3rd Ward Jess Flores
Councilman 4th Ward Michael Mauds1ey
Councilman 5th Ward Tom Minor
Councilman 6th Ward Va1arie Pope-Ludlam
Councilman 7th Ward Noreen Miller
AGCC, San Bernardino Office
Kelly A. Francisco, Attorney at Law
.,
3/03/89
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR LIGHTING
IMPROVEMENTS FOR SOCCER FIELD AT NUNEZ PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Electro Construction Corporation is the
lowest responsible bidder for: Lighting Improvements for Soccer
Field at Nunez Park, in accordance with Plan No. 7597, for the
total amount of $74,777.00,
and a contract is awarded to said
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bidder accordingly, but such award shall be effective only upon
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the contract being fully executed by the parties; all other bids
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and directed to execute said contract on behalf of the City; a
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copy of the contract is attached hereto, marked Exhibit "An and
therefore are hereby rejected; and the Mayor is hereby authorized
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length.
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incorporated herein by reference as fully as though set forth at
SECTION 2.
This contract and any amendment or modifica-
tions
thereto shall not take effect or become operative until
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fully signed and executed by the parties and no party shall be
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obligated hereunder until the time of such full execution. No
oral agreements, amendments, modifications or waivers are
intended or authorized and shall not be implied from any act or
course of conduct of any party.
I HEREBY CERTIFY that the foregoing resolution was duly
and Common Council of the City of San
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adopted by the Mayor
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Bernardino
a
meeting thereof, held on the
at
, 1989, by the following vote, to-wit:
_day of
AYES:
Council Members
28
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3/03/89
RESO:
AWARDI~ CONTRACT TO ELECTRO CONSS?UCTION CORPORATION
FOR LIGHTING IMPROVEMENTS FOR SOCCER FIELD AT NUNEZ PARK
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
Evlyn Wilcox, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
BY~ Jk
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CITY OF
San l)ernardino
O.FICI O. THI M.YOR
EVLYN WILCOX
II A Y 0 R
March 28, 1989
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James M.Kunert
Kunert Electric
P.O. Drawer K
Lorna Linda, CA 92354
RE: Nunez Park Soccer Field Lighting Contract
Dear Mr. Kunert,
I am in receipt of your letter dated March 15, 1989 relating
to the above contract.
Although I can certainly sympathize with your position I am
advised by the City Attorney as follows:
The Attorney General Opinion to which you refer (47 Cal.
Atty. Gen. 129) concludes, contrary to your assertion, that the
public agency may accept a bid which deviates from the bid
specifications if the deviation is inconsequential. This
determination must~e made, in the first instance, by the public
agency, and the courts will give great deference to that
determination.
In addition, although we try in many ways to encourage local
business development, we are prohibited by law from giving any
preference in the bidding process to local bidders.
I appreciate your interest in the City of San Bernardino
and, as requested, your comments will be made part of the
official record.
truly yours,
:--/ 2, 7 ~7
yn Wi cox '
EW: lda
cc: City Attorney
300 NORTH
CALIFORNIA
O'STREET SAN BERNARDINO
92418.0001 714/'1..1"1
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