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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 1 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 .,1Il..n.,,.. ~ ~~ ~~ ~!E ~ ~ ~i 5 ~ ~ ~~ ~ ~ ~ ~ \X ~ ~ ! s ~ " ~ ClI Z Z ... III L o o iii ~ III (3 > Z j:: ~ - 8.ti o~ ~58 ~t;... 8-0 :!I- ~li! <<~ ii: ~~. ii: 0-.. C,) >Ulj en :i2~ ~ ..0111 Q ~~~ iij ., ~ \ ~ \ \ III ~, (31 ~ UJ ~ C UJ Q III iij ~ Lo. ::J 0 Z Z UJ :s ~ 11. Z gs I z I o ~\ ld I ... '" "" ~ 11.1 en, II') \D ... co o 0\ s ... ... '" .... ~ .~ ~ ~ ~ c:.:. t' I- . zo....... 5 ~ I ~~ iij~ ~ I- Z UJ ~ ~ 11. < ~ < z ~ ~ ~ ~ c UJ Q Ill: ~ i Ill: i en :z: Q,.l!! is '..~ 8 a: z l!l ... o III '" !2 III ! ~ III o ll: Z it III ... ~ Cl ii . ~ .... II') .... .J ~ :i Q 0: UJ III Ill: ~ ~ UJ UJ ~ Z 11. ::J i Q ~I ~ ~~ ~ ~I ~ ~ Iii UJ \\a Cl . z 0 _ z ~ I- UJ Z UJ ::J 3: 0 Cl C,) Z C,) UJ < > a: C . u ~ ~ Q ~ UJ a: C,) Ii; ~ i ~ ~ z c < oM Q ~ ~ i Q ~ ~ UJ 1= ~ iil en iii Q t iij il . o o 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 . o o --- " 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. .... .:' .. o . o 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 o o 1 2 3 4 5 6 7 8 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 9 bidder accordingly, but such award shall be effective only upon 10 the contract being fully executed by the parties; all other bids 11 12 and directed to execute said contract on behalf of the City; a 13 copy of the contract is attached hereto, marked Exhibit "An and therefore are hereby rejected; and the Mayor is hereby authorized 14 15 length. 16 17 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 18 fully signed and executed by the parties and no party shall be 19 20 21 22 23 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 24 adopted by the Mayor 25 26 27 Bernardino a meeting thereof, held on the at , 1989, by the following vote, to-wit: _day of AYES: Council Members 28 . .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 - 2 - - C 0 !/ CITY OF San l)ernardino O.FICI O. THI M.YOR EVLYN WILCOX II A Y 0 R March 28, 1989 EB ::Q m 0 m ::z <: "" en ::0 ':::J W I - ~ ::!Z ,_.< ':::._> N r- - [T1 --.J ::0 """ 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 ~~>.:Xi,