HomeMy WebLinkAbout30- Public Works CITY OF SAN BERK RDINO - REQUEST I )R COUNCIL ACTION
'
File No 1, 384
Award of Contract - Installation
From: ROGER G. HARDGRAVE Subject: of Traffic Signals at Orange
Show Road/Auto Plaza at I-215
Dept: Public Works Ramps, per Plan No. 8565 - --
PAUL GARDNER CORPORATION
Date: 2-18-93
Synopsis of Previous Council action:
June, 1990 - Allocation of $200 , 000 . 00 in 1990/91 Street Construc-
tion Budget, Account No. 242-362-57384 , approved from
Federal Interstate 4R funds .
06-03-91 -- Resolution No. 91-222 adopted authorizing execution of
a Co-operative Agreement with State of California.
11-02-92 -- Plans approved and authorization granted to advertise
for bids .
11/19/92 -- Legislative Review Committee recommended binding
arbitration language be included in contracts.
Recommended motion:
Adopt resolution.
cc : Shauna Clark
Jim Penman
-LA 4 ature
Contact person: Gene R. Klatt Phone: 5125
Staff Report, Report of
Supporting data attached: Bids, Resolution Ward: 3
FUNDING REQUIREMENTS: Amount: $196 , 000 (Street Construction Fund)
Source: (Acct. No.) 242-362-57384
(Acct. Description) Traffic Signals - Orange Show
Road/Auto Plaza Dr. & I-215 Ramps Finance;'O'_'�Zf7�2Gt�_
Council Notes:
75-0262 Agenda Item No. 30
CITY OF SAN BERN. RDINO - REQUEST F ,R COUNCIL ACTION
STAFF REPORT
Bids for this project were received at 2 : 00 p.m. , Tuesday,
2-16-93 .
A total of 9 bids were received, ranging from $145 , 748 . 00
to $220 , 555 . 25 . The low bid of $145 , 748 . 00 is 32 . 9% below the
Engineer' s Estimate of $217 , 300 . 00 .
Below is the total estimated project cost, based upon the
actual low bid price:
Construction Contract $ 145 , 748 . 00
Engineering & Inspection (W.O. 1936) 25 , 000 . 00
Sub-Total $ 170 , 748 . 00
Contingencies (15%) ± 25 , 252 . 00
TOTAL ESTIMATED PROJECT COST $ 196,000.00
The Co-operative Agreement provides that Caltrans will
provide $312 , 500 . 00 , from Federal-Aid Interstate Funds, to
finance 100% of the costs incurred. A billing has been submitted
to Caltrans for this amount. Any balance left after all payments
have been made will be refunded to Caltrans. All costs will be
charged to Account No. 242-368-57384 .
We recommend that a contract be awarded to the low bidder.
2-18-93
5-0264
I
m . �
CA
CL
0
� z
m
I O W
O
J °
Fn Z d
LLI I=
UO 2
\ \ W Z W rr
a
m ; a a °
¢ W m a
�f O
2
uj
W
ul
V
a
Y
m m J
W
� J
V
LIN � V
LAJ a- Z , o
� U m
IL
a �I Z
00 vmm �' �' °
` '
O W rV I�1 I W
Ufa �� O U-
��, V V, v j �1.i ��Q U y
ZF- 0 Z W V `1 VVV Ni "1 2
o cc w v1 z v �I o 0
oy ° Z a W
aco V V w a
aL" a o V o °
Ix z
< � o '� z z ao m'
O � G a ^' N M I an �c ao rn o O U o y
►- ti N. CO cn 1 I , w Q m 0
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Roger Hardgrave, Director of Public Works
FROM: Frank L. Rhemrev, Deputy City Attorney
DATE: February 24, 1993
RE: CONTRACT DOCUMENTS FOR INSTALLATION OF TRAFFIC
SIGNALS & HIGHWAY LIGHTING AT ORANGE SHOW RD/
AUTO PLAZA DRIVE AT I-215 FREEWAY RAMPS
Per my memo to Gene Klatt, attached, I requested a deletion of the
arbitration provision. This was not done even though there was
sufficient time to do so. This office will not approve contracts
with binding arbitration provisions .
FranW L. Rhemrev
i
FLR/aLCTrafCont.Mem]
i
C I T Y OF S A N B .E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Gene Rlatt, Asst. City Engineer
FROM: Frank L. Rhemrev, Deputy City Attorney
DATE: January 7, 1993
RE: DELETION OF ARBITRATION PROVISION
As we have previously discussed, the binding arbitration provision
of the CalTrans specs should be deleted. I suggest wording as
follows to be added to Section 5 :
5-1. 11 Claims Section 9 . 1 . 10 of the
standard specification regarding arbitration
is hereby deleted. All claims shall be
processed in accordance with Public Contract
Code Section 20104 to 20104 . 8 .
Attached is a copy of the Public Contracts Code Section 20104 to
20104 . 8 for your review.
Please call me to discuss .
Frank L. Rhemrev
FLR/aL[ArbiPro.Mem]
S.
PUBLIC CONTRACT CODE § 20104.2
1 20103.5. Contracts involving federal funds; failure to obtain license; penalties
In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.
However,at the time the contract is awarded, the contractor shall be properly licensed in accordance
with the laws of this state. The first payment for work or material under any contract shall not be
made unless and until the Registrar of Contractors verifies to the agency that the records of the
Contractors' State License Board indicate that the contractor was properly licensed at the time the
contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties
State Lice a Board. The agency limited ll include a statement to that efffeectein the standaarrdn form of
prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and
adequate licensing for an award of a contract shall constitute a failure to execute the contract and
shall result in the forfeiture of the security of the bidder.
(Added by Stats.1990, C. 321 (S.B.929), § 2, eff.July 17, 1990. Renumbered § 20103.5 and amended
by Stats.1990, c. 1414 (A.B.4165),
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
Section
20104. Application of article; inclusion of article in plans and specifications.
20104.2. Claims; requirements; tort claims not covered by this article.
20104.4. Civil actions; mediation and arbitration; qualifications and expenses of mediators and
arbitrators; trial de novo; witnesses.
20104.6. Payment by local agency of undisputed portion of claim; interest on arbitration award or
judgment.
20104.8. Duration of article; application of article to contracts between Jan. 1, 1991 and Jan. 1,
1994.
Article 1.5 was added by Stats.1990, e. 1414 (A.B.4165), § a
Repeal
Article 1.5 is repealed by§ 10104.6 on Jan. 1, 1994.
§ 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars
(8375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code,except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for(A) a time extension, (B) payment of
money or damages arising from work done by or on behalf of the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
(Added by Stats.1990, c. 1414 (A.B.4165), § 2.)
Histwieal ow Swtnun Nobs
1990 Laodatlon
Former J 20104 wu renumbered 4 20103.5 and amended
by S4ra.1990,c. 1414(A.B.4165), 4 1.
1 20104.2. Claims; requirements; tort claims not covered by this article
For any claim subject to this article, the following requirements apply:
Addhkxw or changes an IndkNad by uMerlltte; deletions by astulslcs • •
73
(a) The claim eW be in writing and isclade the docamento necessary to substantiate.the clans;
Claims must be filed on or before the data of final payment. Nothing in this subdivision is intended
to extend the time limit or supersede notice requirements otherwise provided by contract for the
filing of claims.
(b) (1) For ciaima of less than fifty thousand dollars (=50,004 the local Agency shall respond in
writing to any,written claim within 45 days of receipt of the claim,or may request,in writing,within
30r dais of receipt of the claim, any additional documentation supporting the claim or relating to
defenses ' ' ' to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required,it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant
(3) The local agency's written response to the claim,as further documented,shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information,whichever is greater.
(c) (1) For claims of over fifty thousand dollars(=50,000)and less than or equal to three hundred
seventy-five thousand dollars (;375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim,or may request,in writing,within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses • • to the
claim the local agency may have against the claimant
(2) If additional information is thereafter required,it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.,
(3) The local agency's written response to the claim,as further documented,shall be submitted to
the claimant within 30 days after receipt of the further documentation,or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response,or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) ' ' ' Following the meet and confer conference if the claim or any portion remains in dispute,
the claimant may file a claim ' ' ' as provided in G apter 1 (commencing with Section 900) and
Chapter 2(commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code.
For purposes of those provisions, the running of the period of time within which a claim must be filed
shall be toiled from the time the claimant submits his or her written claim pursuant to subdivision(a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by- the meet and confer process.
(f) This article does not ippiv to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions s ecified by ha ter 1
(commencing with Section 900)and Chapter 2(commencing with Section 910)of Part 3 of Division 3.6
of Title 1 of the Government Code.
(added by Stats.1990, c. 1414 (A.B.4165), § 2. Amended by Stats.1991, c. 1029 (A.B.1086), § 1.)
Historical and Statutory :Votes ..as a result of the meet and confer process",and made other
1991 Legisladoe nonsubstantive changes, in subd. (e); and added subd. (f).
The 1991 amendment substituted"defenses to the claim"
for"defenses or claims"in subds.(bxl)and(cal); inserted
§ 20104.4. Civil actions; mediation and arbitration; qualifications and expenses of mediators
and arbitrators; trial de novo; witnesses
The following procedures are established for all civil actions filed to resolve claims subject to this
article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator,shall be commenced within 30 days of the submittal,and shall
be concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail
Additions or changes Indicated by underline; deletions by asterisks • • '
74
i
PUBLIC CONTRACT CODE § 20104.8
w select s mediator within the
1WAY Period, any party may tition the court to appoint the
M tor.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.6(commencing with Section 1141.10)of Title 3 of Part 8 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986(Article 8(commenc-
ing with Section 2016)of Chapter 8 of Title 8 of Part 4 of the Code of Civil Procedure)shall apply to
any proceeding brought under this subdivision consistent with the rules pertaining to judicial
arbitration.
2 Notwithstandin any other provision of law, utlion stipulation of the p artier arbitrators
a inted for PMW es of article shall be expenenced In construction law, and. uDon st, u ation
0 e , m tors an ar trators s a pat necessary an reasonable our rates 0 pay
not to ex a custo rate and suc fees and expenses sha paid equally the Rardes,
exce t in the case of arbitration where the arbitrator, or Crood cause etenntnss a Brent vuton.
In no event shall ese fees or expenses be paid by state or county funds.
(� In addition to Chapter 2.5(commencing with Section 1141.10)of Title 8 of Part 8 of the Code of
Civ1 Procedure, ' ' ' any party ' ' ' who after receivin an arbitration award ' a ' uest�a a
trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costa
and fees un er that chapter, ' ' ' pay the attorney's fees ' ' ' of the other party arising out of
trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation
or arbitration process.
(Added by Stats.1990, c. 1414 (A.B.4165), § 2. Amended by Stats.1991, c. 1029 (A.B.1086), § 2.)
Historical and Statutory Notes Procedure. (A) arbitrators shall, when possible, be experi-
1991 Laalslation enced in construction law, and (B) any party appealing an
The 1991 amendment inserted "or by stipulation of both arbitration award who does not obtain a more favorable
parties",and the last sentence,in subd. (a); inserted subds judgment shali. in addition to payment of costs and fees
m
(b)(2) and (c); and rewrote and redesignated forer subd under that chapter,also pay the attorney's fees on appeal of
(b)(2)as(b)(3), which provision had read the other pert} "
"(2) in addition to Chapter 2.5 (commencing with Sec-
tion 1141.10) of Title 3 of Part 3 of the Code of Civil
§ 20104.6. Payment by local agency of undisputed portion of claim; interest on arbitration
award or judgment
Ia No local agency shall fail to pay money as to any portion of a claim which is undisputed except
as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in
a court of law.
(Added by Stats.1990, c. 1414 (A.B.4165), § 2.)
¢ 20104.8. Duration of article; application of article to contracts between Jan. 1, 1991 and Jan.
1, 1994
(a) This article shall remain in effect only until January 1, 1994, and as of that date is repealed,
unless a later enacted statute, which is enacted before January 1, 1994,deletes or extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into between January 1,
1991,and January 1, 1994, which is subject to this article shall incorporate this article. To that end,
these contracts shall be subject to this article even if this article is repealed pursuant to subdivision
(a).
(Added by Stats.1990, c. 1414 (A.B.4165), § 2.)
ARTICLE 1.8. DAMAGES RELATED TO COMPETITIVE BIDDING
Section
20104.70. Action by second lowest bidder or legal entity with second lowest bidder, damage due to
acceptance of successful bidder who violated provisions of workers' compensation or
Unemployment Insurance Code, rebuttable presumption; coats and fees.
Article 1.8 was added by Stats.101, a 906(A.B.1754), § d.
Additions or ohstlpes are Indicated by tinderikse; deletions by setubits
75
s
C I T Y O F S A N B E R N A R D I N 0
INTEROFFICE MEMORANDUM
TO : FRANK RHEMREV - City Attorney ' s Office
FROM: GENE R . KLATT , Assistant City Engineer
SUBJECT : Contract Documents
DATE : January 6 , 1993
COPIES : File No . 1 . 384
Attached is a copy of the project contract documents for the
INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT ORANGE
SHOW ROAD/AUTO PLAZA DRIVE AT I-215 FREEWAY RAMPS. As you can
see from the date on the front cover , bids will be opened on
FEBRUARY 16 , 1993 . In the event you find errors in the
documents or wish us to make changes , please advise our office a
minimum of 7 working days before the bid opening so we can
prepare and send an addendum on the project .
Should you have any questions or comments , please contact us .
Thanks for your assistance .
ROGER G . HARDGRAVE
Director of Public bdorks/City Engineer
GENE R . KLATT
Assistant City Engineer
G R K : p a
Attachment
, ALE NO . 1 . 384
W . O . NO . 1936
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
SPECIAL PROVISIONS NO. 8565
FOR
INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING
AT
ORANGE SHOW ROAD/AUTO PLAZA DRIVE
AT
I-215 FREEWAY RAMPS
DIVISION OF ENGINEERING
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
r
� f L.. NV a
<<G
SEPTEMBER , 1992
BIDS WILL BE RECEIVED UP TO THE HOUR OF
2 : 00 P .M . ON FEBRUARY 16
1993
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO PAUL GARDNER CORPORATION FOR INSTALLATION OF TRAFFIC
3 SIGNALS AND HIGHWAY LIGHTING AT ORANGE SHOW ROAD/AUTO PLAZA DRIVE
AT I-215 FREEWAY RAMPS.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS :
6 SECTION 1 . Paul Gardner Corporation is the lowest
7 responsible bidder for: Installation of Traffic Signals and
8 Highway Lighting at Orange Show Road/Auto Plaza Drive and I-215
9 Freeway Ramps , per Plan No. 8565 . A contract is awarded
10 accordingly to said bidder for the total amount of $145 , 748 . 00 ,
11 but such award shall be effective only upon the contract being
12 fully executed by both parties . All other bids, therefore, are
13 hereby rejected. The Mayor is hereby authorized and directed to
14 execute said contract on behalf of the City; a copy of the
15 contract is on file in the office of the City Clerk and
16 incorporated herein by reference as fully as though set forth at
17 length.
18 SECTION 2. This contract and any amendment or modifica-
19 tions thereto shall not take effect or become operative until
20 fully signed and executed by the parties and no party shall be
21 obligated hereunder until the time of such full execution. No
22 oral agreements , amendments, modifications or waivers are
23 intended or authorized and shall not be implied from any act or
24 course of conduct of any party.
25 SECTION 3. This resolution is rescinded if the parties
26 to the contract fail to execute it within sixty (60) days of the
27 passage of this resolution.
28 / / / /
2-18-93
RE50: AWAADiNG CONTRACT TO PAUL GARDNER CORPORATION FOR TRAFFIC
SIGNALq & HIGHWAY LIGHTING AT OPJ"GE SHOW ROAD/AUTO PLAZA
DRIVE ;D I-215 FREEWAY RAMPS.
1 I HEREBY CERTIFY that the foregoing resolution was dulv
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
day of 1993 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
15 Rachel Clark, City Clerk
16 The foregoing resolution is hereby approved this
day of 1993.
17
18
W. R. Holcomb, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
24
25
26
27
28
2 -