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Home My WebLink About08- Development Department DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION From: Roger G. Hardgrave, Dir. Subject: Recision of Contract- of Public Works/City Engr. Installation of Handicapped Ramps - Various Locations, Date: 1-13-94 per Plan No. 8884 -- B-1 ENTERPRISE CORPORATION ------------------------------------------------------------------ Synopsis of Previous Commission/Council/Committee Action: June, 1992 - Allocation of $75, 000 in CDBG Funds approved in 1992- 93 Budget for installation of handicapped accessi- bility at various locations. 07-19--93 - Plans approved and authorization granted to advertise for bids. 09-20-93 - Resolution No. 93-360 adopted awarding a contract to B-1 Enterprise Corp. for the low bid price of $41 , 323 . 00 . Recommended Motion: Adopt resolution. cc: B-1 Enterprise Corp. Wassau Insurance K. Henderson lUxj'er G. Hardgra , Dir. of P.W. /C.E. Timothy Steinhaus , Agency Administrator ------------------------------------------------------------------ Contact Person: Gene R. Klatt Phone: 5125 1 , 2 , Project Area: N/A _ Ward(s) : 3 , 4 , 5, & 7 Staff Report, Supporting Data Attached: Report of Bids, Resolution _ CDBG Block FUNDING REQUIREMENTS: Amount: $ 65 , 000 . 00 Source: Grant Budget Authority: Acct. 806--13 ----------------------------------------------------------------- Commission/Council Notes: Agenda Item No. : DEPARTMENT OF PUBLIC WORKS STAFF REPORT Page 1 of 2 Recision of Contract and Award of Contract to Second Low Bidder - - Installation of Handicapped Ramps A contract was awarded to the B-1 Enterprise Corporation at the Council meeting of 9--20-93 , for the low bid price of $41 , 323 . 00 . B-1 Enterprise Corporation proceeded to file the prescribed bonds and insurance certificate, and executed the contract. A Notice to Proceed was accordingly issued on 10-15-93 . However, B-•1 Enterprise Corporation has not commenced work. B-1 Enterprise Corporation has based their refusal to commence work on the provision in Section 2--9 of the Standard Specifica- tions that state the owner will provide survey services . However, this section does not apply to this project, since all work will match existing curb returns and no staking is required. Two previous projects for installation of handicapped ramps have been done without this issue being raised. In fact, B-1 Enterprise Corporation was the contractor on one of these projects . Section 6--4 , "DEFAULT BY CONTRACTOR, " of the Standard Specifica- tions for Public Works Construction, provides that if the Contractor fails to prosecute the work in accordance with the contract requirements , the Engineer may serve a written notice on the Contractor and surety demanding satisfactory compliance with the contract. This section further provides that if the Contractor or its surety does not comply with such notice within 5 days after receipt, the Agency may exclude the Contractor from the premises, and proceed to complete the work. The Contractor or Surety shall pay to the Agency all costs in excess of the contract price. A Notice of Default was sent to B-1 Enterprise Corporation and their surety company by certified letter dated 1-4-94 . We recommend that the contract award to B-1 Enterprise Corpora- tion be rescinded, and that a contract be awarded to the second low bidder. Furthermore, that the City Attorney be directed to file a claim with B-1 Enterprise Corporation for the $5,077 differential between the first and second low bid. 1-13-94 Y PUBLIC WORKS File No. 7 . 37--78 Handicapped Ramps Page 2 of 2 Bids for this project were opened at 2 : 00 p.m. , Tuesday, September 14, 1993 . A total of 8 bids were received, ranging from $41 , 323 . 00 to $60 , 519 . 30 . The second low bid of $46 , 400 . 00 is 18 . 04 below the Engineer' s Estimate of $56 , 595 . 00 . Below is an estimate of the total project cost, based upon the actual second low bid price: Construction Contract $ 46 , 400 . 00 Engineering & Inspection (W.O. 1414) 10 , 000 . 00 Sub-Total $ 56 , 400 . 00 Contingencies (150) ± 8 , 600 . 00 TOTAL ESTIMATED PROJECT COST $ 65,000.00 A total amount of $75, 000 . 00 has been allocated from CDBG Block Grant funds , under Account No. 806-13 , to finance the costs that will be incurred for this project. We recommend that a contract be awarded to the second low bidder. 1-13--94 4 D N� 0 �� Nil p I 0 0 KQ I N �z m o ca �y N o Q o w V %\9 \ � o ¢ z o 1 m z � m m a w 0 o a ir- 0 m - Z d 0 z W z N cr CL CL Cr m Q LL m a 0 cc LU V o LU ui F Y m \ J LL z Q \ W m ° v o I U \ m o I \ a D z Q m h '� L) cr o Y`� f m _o m � Q W ac O "' V\ V y Zoo �I, Z W `� s �i Z � y4. .J a oa z X ¢ 0 2lz o o v ~ n ~ Z Q a ►_ z I Q I _ �? w ¢ � LU 0-O w ¢ i �I \ J vl Z Z Z wo o V U N W LL U ,0n LL, Z a LU I • .U � N M to D 00 O� UN �O W LL W Q F- 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 93-360 AWARDING A CONTRACT TO B-1 ENTERPRISE 3 CORPORATION; AND AWARDING A CONTRACT TO WEST COAST CONSTRUCTION FOR INSTALLATION OF HANDICAPPED RAMPS AT VARIOUS LOCATIONS . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . Resolution No. 93-360 , awarding a contract to 7 B-1 Enterprise Corporation, is hereby rescinded for default of 8 the contract document provisions . 9 SECTION 2 . West Coast Construction is the lowest 10 responsible bidder for: Installation of Handicapped Ramps at 11 Various Locations, per Plan No. 8884 . A contract is awarded 12 accordingly to said bidder for the total amount of $46 ,400.00 , 13 but such award shall be effective only upon the contract being 14 fully executed by both parties . All other bids, therefore, are 15 hereby rejected. The Mayor is hereby authorized and directed to 16 execute said contract on behalf of the City; a copy of the 17 contract is on file in the office of the City Clerk and 18 incorporated herein by reference as fully as though set forth at 19 length. 20 SECTION 3 . This contract and anv amendment or modifica- 21 tions thereto shall not take effect or become operative until 22 fully signed and executed by the parties and no party shall be 23 obligated hereunder until the time of such full execution. No 24 oral agreements, amendments, modifications or waivers are 25 intended or authorized and shall not be implied from any act or 26 course of conduct of any party. 27 SECTION 4 . This resolution is rescinded if the parties 28 to the contract fail to execute it within sixty (60) days of the 1-13-94 RESU: t_:UNTrcri�.i '1V 1:5-1 rvrc INSTALLATION OF HANDICAPPED RAMPS AT VARIOUS LOCATIONS, AND A RDING A CONTRACT TO WEST SST CONSTRUCTION. 1 passage of this resolution. 2 SECTION 5 . The City Attorney is hereby directed to file 3 a claim with B-1 Enterprise Corporation and the Wassau Employers 4 Insurance Company for the differential of $5 , 077 . 00 in the first 5 and second low bid prices . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 / / / / 26 / / / / 27 / / / / 28 / / / / 2 - RESO: RESCINDING CONTRACT TO B-1 ENTERPRISE CORPORATION FOR INSTATTATION OF HANDICAPPED RAMrq AT VARIOUS LOCATIONS, AND A RDING A CONTRACT TO WEST , _SST CONSTRUCTION. 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 1994 , by the following vote , to-wit: 5 Council Members : AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE--LUDLAM 12 MILLER 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of 1994 . 17 - 18 Tom Minor, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman Citir Attorney 22 23 By 24 25 26 27 28 3