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"C1TYOF SAN BERNARDINctr R-oU~S;NFO~4~OUNCloC~M
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From:
" Off. . Award of Contract - Construction
ROGER G. HARDGRAVERE.C'tl.-to.!}h\~- Subject: of Storm Drain in 21st Street,
. ",.. "" \2: 04 from Kenwood Avenue to East Twin
Pub1J.c Works/EngJ.ne~t~ \ c' I" and Warm Creek, per Plan No. l
~-" 7451 -- BEECHER CONSTRUCTION CO.
8-16-89
Dept:
Date:
Synopsis of Previous Council action:
June, 1987 -- Allocation of $83,600 in 1987/88 Storm Drain Construc-
tion Fund Budget approved for Phase I.
03-07-88 Finding made that project is needed for health and
safety reasons.
June, 1988 -- Allocation of $196,000 in 1988/89 Storm Drain Con-
struction Fund Budget approved for Phase II.
09-06-88 Negative Declaration adopted and finding made that
project is consistent with Interim Policy Document. 11-
07-88 -- Plans for installation of storm drain from San Gabriel
St. to East Twin Creek approved, and authorization
granted to advertise for bids.
04-17-89 -- Approval of plans & authorization to advertise for
bids, per Plan No. 7574, given. (Cont. on Page 2 of
Staff Report)
Recommended motion:
1. Adopt resolution.
2. That the City Attorney be directed to review
initiating action to collect under the bid bond
filed by Drainage Underground Contractors, Inc. to
secure their bid submitted for construction of a
storm drain in 21st St., from Kenwood Avenue to
East Twin Creek, in accordance with Plan No. 7451.
cc: Marshall Julian
Jim Richardson
Jim Penman
Andy Green
a~
Contact person:
Gene R. Klatt
Staff Report, Report of
Supporting data attached: Bi d". R....nl n~
FUNDING REQUIREMENTS: Amount( $329.0~~'
Phone:
5125
Source: (Acct. No.1
Ward:
~:q';~5(1 ".,; I,,),., I~
(. '+'1 Sc, rL<-s,
248-368-57821 & 248-368-57831
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(Acct. DescriPtion)
Twenty-First Street, from
Finance:_G ~~L 1) N--'---
Kenwood to East Twin Creek
Council Notes:
75-0262
Agenda Item No
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4j. _ L
CITyeF SAN BERNARDIN~- R~UEST FOR COUNCILJ\CTION
STAFF REPORT
Page 1 of 2
A contract, for construction of a storm drain in Twenty-
First Street, was awarded to Drainage Underground Contractors at
the Council meeting of 7-24-89, for the low bid price of
$227,186.00.
The special provisions state that a "Notice of Award"
will be sent to the successful bidder. This notice advises the
successful bidder that a contract has been awarded to him, and
that it will be required for the prescribed bonds and insurance
certificate to be filed within 10 days.
Receipt of the "Notice of Award" was made by Drainage
Underground Contractors on 7-26-89. However, the prescribed
bonds and insurance certificate have not been filed with our
office, even though the time allowed has elapsed, and the bidder
has not demonstrated any expectation of complying with the terms
of the contract.
In view of the clear breach of the terms and provisions
of the bid documents, we recommend that the award to Drainage
Underground Contractors be rescinded, and a contract be awarded
to the second low bidder. The second low bid was in the amount
of $277,920.70, which is 5.8% under the Engineer's Estimate of
$295,095.00, and $734.70 over the low bid.
Listed below is the estimated project cost, based upon
the second low bid price:
Construction Contract
Engineering & Inspection (W.O. 1820)
Sub-Total
Contingencies (15%t)
TOTAL ESTIMATED PROJECT COST
$277 ,921
$ 8,600
$286,521
$ 42,479
$329,000
Funds are available in the form of an $83,600 allocation
in the 1987/88 Storm Drain Construction Fund, for Phase I,
Account No. 248-368-57821 and an additional $196,000 in the
1988/89 Storm Drain Construction Fund Account No. 248-368-57831.
In addition, $92,500.00 has been provided as participation in the
construction cost from St. Bernardine Hospital as a part of their
conditions of development. A total of $372,100 is available from
all sources.
We recommend the contract be awarded for the second low
bid price of $277,920.70, and the contract award to the low
bidder be rescinded. Also, that the City Attorney be directed to
review pursuing of damages from the bid bond.
8-16-89
75-0264
-._' .
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CI'fY OF SAN BERNARDINct)- RI:QUEST FOR COUNCILQCTION
STAFF REPORT
Page 2 of 2
URGENCY CLAUSE
This 'project has been scheduled for completion concurrently with
the parking structure by St. Bernardine Medical Center, in order
to provide a means of disposing of their storm water. It is
imperative that this award be made at the Council meeting of 8-
21-89, in order to meet this schedule.
SYNOPSIS OF PREVIOUS COUNCIL ACTION Continued:
7-24-89 --
Resolution No. 89-286 adopted awarding a contract for
the low bid.
8-16-89
75-0264
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LOCAQON G.A P
STOR" DRAIN 21" STR~~T
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7-l9-89
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8/16/89
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO THE BEECHER CONSTRUCTION COMPANY FOR INSTALLATION OF
STORM DRAIN IN TWENTY-FIRST STREET, BETWEEN KENWOOD AVENUE AND
EAST TWIN AND WARM CREEK CHANNELS, AND RESCINDING THE AWARD TO
DRAINAGE UNDERGROUND CONTRACTORS, INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Beecher Construction Company is the second
lowest responsible bidder for the installation of a Storm Drain
in Twenty-First Street, between Kenwood Avenue and East Twin and
Warm Creek Channels, in accordance with Plan No. 7451, for the
total amount of $277,920.70, and a contract is awarded to said
bidder accordingly, but such award shall be effective only upon
the contract being fully executed by the parties; all other bids
therefore are hereby rejected; and the Mayor is hereby authorized
and directed to execute said contract on behalf of the City; a
copy of the contract is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. This contract and any amendment or modifica-
tions thereto shall not take effect or become operative until
fully signed and executed by the parties and no party shall be
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.
SECTION 3. Resolution No. 89-286, awarding a contract to
Drainage Underground Contractors, Inc., for the low bid price of
$277,186.00, is hereby rescinded for failure to file the
prescribed contract bonds and insurance certificate within 10
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8/16/89 28
STORM DRAIN IN TWENTY-FIRST STREET
TO DRAINAGE U~RGROU,:J CONTRACTORS,
AND RESCINDU,JG AWARD
INC. \
days from receipt of the "Notice of Award."
SECTION 4. This resolution is rescinded if the parties
to the contract fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
_day of
AYES:
, 1989, by the following vote, to-wit:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By Uu~ t <:
.
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