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Home My WebLink About17- Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION j From: Valerie C. Ross,Director Subject: Resolution awarding a contract to All American Asphalt for Street Improvements on Cajon I Dept: Development Services Boulevard relating to Federal EDA Award No. 07-01- 1. 06147,per Project Plan No. 12155. Date: March 8, 2010 File: 1.7802 MCC Date: April 5, 2010 Synopsis of Previous Council Action: 12/21/09 The Mayor and Common Council adopted Resolution No. 2009-375 approving a contract with RBF Consulting for Construction Management Services for Street Improvements on Cajon Boulevard related to the North San Bernardino Industrial Park/FedEx Project. 10/06/08 The Mayor and Common Council adopted Resolution No. 2008-379 approving a reimbursement agreement with Hillwood related to the North San Bernardino Industrial Park/FedEx Project. 05/05/08 The Mayor and Common Council authorized the Finance Director to create a new capital improvements project for the North San Bernardino Industrial Park/FedEx Project. 04/07/08 The Mayor and Common Council adopted Resolution No. 2008-115 accepting a grant from the Federal EDA. Recommended Motion: 1. Reject the bid protest from Cooley Construction, Inc.; and �/ p 2. Adopt Resolution Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Vicinity Map, Resolution Ward(s): 6 FUNDING REQUIREMENTS: Amount: $970,484.15 Source: (Acct. No.)242-362-5504-7802 Acct.Description: Hillwood Reimbursement Finance: Council Notes: 1f e9 Agenda Item No. 1-7 L1-5-Za10 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution awarding a contract to All American Asphalt for Street Improvements on Cajon Boulevard relating to Federal EDA Award No. 07-01-06147,per Project Plan No. 12155. Background: On April 7, 2008, the Mayor and Common Council adopted Resolution No. 2008-115, accepting a $1,500,000 Federal Economic Development Administration Grant for infrastructure improvements on Cajon Boulevard related to the Hillwood FedEx project. As a condition of approval, Hillwood was required to construct approximately 5,452 linear feet of curb, gutter, sidewalk, and pavement rehabilitation to the street center line. The estimated cost of the improvements is $3,750,000. After subtracting the grant amount, the City's share of the improvements would be $2,250,000, however, Hillwood has agreed to pay the City's match share. On October 6, 2008, the Mayor and Common Council adopted Resolution No. 2008-379, which approved a Reimbursement Agreement with Hillwood for the infrastructure improvements. Plans and specifications for street improvements were completed and the project was opened to public bidding on March 9, 2010. The project was advertised locally in the San Bernardino County Sun Newspaper, F. W. Dodge Company (Rancho Cucamonga and Monrovia), High Desert Plan Room, Construction Bid Board, San Diego Daily Transcript, Bid America Electronic, AGC Plan Room/The Daily Construction Reporter, Reed Construction Data, Construction Bid Source, Bid Ocean, and with the San Bernardino Area Chamber of Commerce. Bids have been received and are listed below: Name of Bidder city Amount of Basic Bid All American Asphalt Corona $740,827.60 Cooley Construction, Inc. Hesperia $761,131.80 Hillcrest Contracting Corona $789,211.42 Vance Co oration Rialto $864,440.50 Matich Corporation San Bernardino $873,333.00 B &T Works Wildomar $996,028.68 Engineer's Estimate (Range Only) $1,100,000.00 to $1,200,000.00 After a complete review of the six (6) sealed competitive bids and verification of mathematical calculations and certifications, staff has determined that All American Asphalt of Corona is the apparent low bidder and has met the minimum requirements of the specifications and bid guidelines. Based on the above information, All American Asphalt is the lowest responsible bidder and staff recommends that the contract be awarded to them. 2 A protest of the bid was received from Cooley Construction, Inc., the second lowest bidder, stating that All American Asphalt's bid should be rejected as non-responsive because the bid was not properly presented citing the following excerpt from the bid document: "All papers bound with or attached to the form of the Bidder's Bid are necessary parts and must not be detached or omitted by the Bidder when the completed Bidder's Bid is submitted to the City". Attached is a copy of the protest dated March 9, 2010 from Cooley Construction, Inc. Staff disagrees with the protest because all required documents were submitted by the low bidder bound with a staple. Staff is recommending that the Mayor and Common Council reject the protest and award the contract to the lowest bidder, All American Asphalt. The estimated project costs are as follows: Construction Cost Basic Bid $740,827.60 Contract Management and Inspection (Approx. 15% $111,124.14 Contingencies A pprox. 16% $118,532.41 Estimated Total Project Cost $970,484.15 If approved, the project is expected to begin construction in April of 2010 and be completed by August 2010. Financial Impact: Account Budgeted Amount: $2 744,278 Balance as of: 03/10/2010 Balance after approval of this item: $2,773,743.90 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: 1. Reject the bid protest from Cooley Construction, Inc.; and 2. Adopt Resolution Attachments: 1. Vicinity Map 2. Resolution 3 NARD City of San Bernardino, California Department of Public Works, Division of Engineering o CIP No. SS08-35 o' STREET IMPROVEMENTS FOR CAJON BOULEVARD AT EDA GRANT No. 07-01-06147 . 616 ,o FE psp App..._. AV / / �\ a ;'�ip��B3o0'FS__ [i[g Ar ��♦ c o L Q CA TM Q caw HEM b RECtaxai ' I _ J ti � pAPo: o B �'eA .,gLp CHEEK a w ♦ 8 i WER � w GLEN a - HELEN BLOCKBUSTERS o PAVILION eaao GLEN HELEN i VICINITY MAP SS08-35 Cooley CONSTRUCTION, INC. PAVING GRADING ♦ SEALCOATING (CA LIC.%348038) March 9, 2010 Robert Eisenbeisz City Engineer City of San Bernardino 300 North 'D'Street, Third Floor San Bernardino CA 92418 Cc: Jeff Schafer, Civil Engineer Assistant 1 Re: North Cajon Boulevard EDA Grant No.07-1-06147 Provision No. 12155(SSO8-35) This letter is to serve as a'Letter of Protest'for the above referenced project,which bid today, March 9th. The bid submitted by the 'apparent low bidder',All American Asphalt should be rejected as non-responsive, based on the requirements set forth in the Instruction to Bidders Section 4. Contents of Bid Forms. The Section reads as; 'All papers bound with or attached to the form of the Bidder's Bid are necessary parts and must not be detached or omitted by the Bidder when the completed Bidder's Bid is submitted to the city.' Since the bid submitted by the 'apparent low' Bidder did not contain 'All papers bound with or attached...'their bid should be rejected and the 'apparent low' Bidder should be Cooley Construction, Inc. Your prompt review of the matter would be greatly appreciated. If you have any questions, please contact me 7601948-8400. Sincerely,, { / Cam___._ Thomas Sternfeld ' Cooley Construction, Inc. Cc: Gregory Hout, Esq. 17525 Eucalyptus Street,suite'G' • P.O. Box 401810 • Hesperia,CA 92340 (760)948-8400 ♦ Fax(760)948-8439 I RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AWARDING A CONTRACT TO ALL AMERICAN ASPHALT FOR STREET IMPROVEMENTS ON CAJON BOULEVARD, PER PROJECT PLAN NO. 4 12155. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. All American Asphalt located at 400 E. 6`h Street, Corona, CA 92878, is 8 9 the lowest responsible and responsive bidder for the Street Improvements on Cajon Boulevard 10 (SS 08-35), per Project Plan No. 12155. A contract is awarded accordingly to said bidder in a 11 total amount of$740,827.60, with a contingency amount of$118,532.41, but such award shall 12 be effective only upon being fully executed by both parties. All other bids, therefore, are 13 hereby rejected. The City Manager is hereby authorized and directed to execute said contract 14 on behalf of the-City; a copy of the contract is on file in the office of the City Clerk and 15 16 incorporated herein by reference as fully as though set forth at length. 17 SECTION 2. This contract and any amendment or modifications thereto shall not take 18 effect or become operative until fully signed and executed by the parties and no party shall be 19 obligated hereunder until the time of such full execution. No oral agreements, amendments, 20 modifications or waivers are intended or authorized and shall not be implied from any act or 21 course of conduct of any Party. 22 23 SECTION 3. The authorization to execute said contract is rescinded if the parties to 24 the contract fail to execute it within sixty (60) days of passage of the resolution. 25 / 26 i 27 28 1 RESOLUTION . . . AWARDING A CONTRACT TO ALL AMERICAN ASPHALT FOR STREET IMPROVEMENTS ON CAJON BOULEVARD, PER PROJECT PLAN NO. 2 12155. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of 2010, by the following vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 DESJARDINS 10 BRINKER _- ii SHORETT _ 12 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of 2010. 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 26 By, j a„, 27 28 2