HomeMy WebLinkAbout24- Public Works CITY-OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
File No. 4 . 7079
From: ROGER G. HARDGRAVE Subject: Award Contract - Installation of
a Storm Drain f_rori Hill Street &
Dept: Public Works 0�n f1,/� ** Rancho Avenue to Chestnut Street
(d' & Macy Street, per Plan Pao. 9696
Date: 11-24-97 l�� d�a ---GUZIIAN CONSTRUCTION
Synopsis of Previous Council action:
June, 1996 - Allocation of $93 , 500 , in 1996/97 Storm Drain
Construction Budget, approved.
07-21-97 - Plans approved and authorization granted to advertise
for bids, and transfer of $54 , 500 from Unappropriated
Reserve approved.
11-17-97 - Contract awarded to Guzman Construction for low bid
price of $247 ,330 . 00 , and item later reconsidered.
Recommended motion:
1 . That the transfer of $149 , 000 , from Account No. 248-368--3405 ,
°Unappropriated Reserve, " to Account No. 248-368--5504--7079 ,
"Storm Drain -- Mill Street, from Rancho Avenue to Iris Street, "
be approved.
and
2 . Adopt resolution.
cc: Fred Wilson
Jim Penman
Const. Inspector
6AKaf'ure
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report, Report of
Supporting data attached: Bids, Resolution, Letter, & Ward: 3
Schedule
FUNDING REQUIREMENTS: Amount: $297 , 000 (Storm Drain Construction Fund)
Source: (Acct. No.) 248-368-5504-7079
Acct. Description) Storm Draix Mi 11 St t,
Rancho Avenue to Iris Street Finance
Council Notes:
Res 97-
75-0262 Agenda Item No. 'AY
air* OF SAN BERNARDINO - REQURST FOR COUNCIL ACTION
STAFF REPORT Page 1 of 2
Bids for installation of a storm drain in Mill Street, from
Rancho Avenue to Iris Street, were opened at 2:00 p.m. , Tuesday,
10-21-97 .
A total of 8 bids were received, ranging from $120 ,880 .00 to
$172,739.00 for the Basic Bid. The low bid of $120,880 .00 is
3 .7% over the Engineer' s Estimate of $116 ,575.00 .
Additive Alternate No. 1 was included in the bid documents, for
the extension of the storm drain from Mill Street and Iris Street
to Chestnut Street and Macy Street. This extension will complete
the entire master planned storm drain system and correct the
source of the drainage concerns for this area. The bid price by
the low bidder for Additive Alternate No. 1 is $126 ,450 .00.
Below is an estimate of the total project cost, based upon the
actual low bid price:
Construction Contract -
Basic Bid $ 120 , 880 . 00
Additive Alternate #1 126 ,450 . 00
$ 247 ,330.00
Engineering & Inspection (W.O. #7079) 11, 658.00
Sub-Total $ 258 ,988.00
Contingencies (15%) ± 38 ,012.00
TOTAL ESTIMATED PROJECT COST $ 297 , 000. 00
An amount of $148 ,000.00 has been allocated, under Account No.
248-368-5504-7079, to finance the costs incurred for this
project. Supplemental funds in the amount of $149 ,000 .00 -will,
therefore, be needed to fully finance the total estimated project
cost for both the Basic Bid and Additive Alternate No. 1 . We
recomend that the transfer of $149,000 . 00 , from Account No. 248-
368-3405, "Unappropriated Reserve, " be approved to provide the
necessary supplemental funding to complete the entire system for
this area.
Action was taken at the Council meeting of 11-17-97 to award a
contract to the low bidder, Guzman Construction. The item was
later reconsidered due to a protest by the second low bidder, F.
T. Pipeline Construction, due to an error by the low bidder.
A place is provided in the bid schedule for the bidders to write
the unit prices in words, in addition to numbers. The low bidder
also wrote in the total price for the item in words. On the
Basic Bid Schedule, the low bidder entered a unit price of $75 .00
per linear foot for 30" RCP. It was his intention to bid the
same unit price for 30" RCP on the Additive Alternate No. 1 .
11-26-97
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT public Works Staff Report
Page 2 of 2
The low bidder entered the total price of $79 ,500 . 00 , which is
the product of the estimated quantity of 1 , 060 L.F. times $75 . 00
per L.F. However, he inadvertently wrote in the unit price of
$80 . 00 . After the bid opening, we confirmed with the low bidder
that it was his intention to bid a unit price of $75 . 00 for this
item, and he has submitted a letter, dated 11-20-97 , certifying
to this fact and stating that he is willing to execute a contract
based upon a unit price of $75 . 00 for this item. Copies of this
letter, and the Bid Schedule for Additive Alternate No. 1 , are
attached for reference.
The State Public Contracts Code allows an agency to waive minor
irregularities in a bid. We feel this is clearly a minor
irregularity, and can be waived. This issue has been discussed
with the City Attorney' s office, who are in agreement that it can
be waived.
We recommend that a contract be awarded to the low bidder.
Attach.
11-24-97
7a_n�
ADDITIVE ALTERNATE NO. i
BID SCHEDULE
PLAN NO. 9696
DESCRIPTION OF ITEMS WITH
ITEM QUANTITY UNIT UNIT PRICE WRITTEN IN WORDS PRICE -=AL
1. 108 L.F. 24" RCP, at
SEVEN TH011SANn FTU HUND F.D
SIXTY
_
SEVENTX per -LIN. FT.
$ 70 . 7 ,560 .
2. 10 L.F. 27" RCP, at
SEVEN HUNDRED TWENTY
SEVENTYTWO per LIN. FT.
72 . 720 .
3. 1,060 L.F. 30" RCP, at 4� I
_ _SEVENTYNINE_ THOUSAND FIVE
Hi1NDRRD � 00
FTGHTY per LIN. FT.
00 .
4 . 3 EACH Catch Basin (W = 14') , at
FIFTEEN THOUSAND
FIVE THOUSAND per EACH
51000 . 15,000 .
5. 3 EACH Concrete Local Depression,
at
TWO THOUSAND FOUR HUNDRED
EIGHT HUNDRED per EACH
500 . 2 400 .
6. 4 EACH Manhole, at
TEN THOUSAND
TWO THOUSAND FIVE per EACH
__ HUNDR .D 2 ,500 .-- 10 ,000 .
November 20 , 1997
Roger Hardgrave,
Director of Public Works/City Engineer
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
RE: Bid Price for Item No. 3, Additive Alternate No. 1 --
Mill Street Storm Drain
Dear Mr. Hardgrave:
This is to certify that it was my intention to bid this item
at a unit price of $75 . 00 , but inadvertently listed a unit
price of $80 . 000 .
I am willing to execute a contract based upon a unit price of
$75 . 00 for this item.
Sincerely yours,
C�
R 1ph Guzman
GUZMAN CONSTRUCTION
1436 N. Ayala Drive
Rialto, CA 92376
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a 0 N 1-
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
File No 4 , 7079
From: ROGER G. HARDGRAVE Subject: Award Contract -- Installation of
a Storrs Drain from Mill Street &
Dept: Public Works Rancho Avenue to Chestnut Street
& Macy Street, per Plan 1o. 9696
Date: 10-27-97 -- - GUZMA14 COI7tS`a'RUCTION
Synopsis of Previous Council action:
June, 1996 - Allocation of $93 , 500 , in 1996/97 Storm Drain
Construction Budget, approved.
07-21--97 - Plans approved and authorization granted to advertise
for bids, and transfer of $54 , 500 from Unappropriated
Reserve approved.
OCT 2 8 1997
Recommended motion:
1 . That the transfer of $149 , 000 , from Account No. 248-368--3405 ,
"Unappropriated Reserve, " to Account No. 248-368--5504-7079 ,
"Storrs Drain - Mill Street, from Rancho Avenue to Iris Street, "
be approved.
and
2 . Adopt resolution.
cc : Fred Wilson
Jim Pennan
Const. Inspector_
at e
Contact person: ?.oaer G Hardgrave Phone:_ 5025
Staff Report, Report of
Supporting data attached:_ Bids . Resolution & Map Ward: 3
FUNDING REQUIREMENTS: Amount: $297 , 000 (Storm Drain Consta_uct4 on fund)
Source: (Acct. No.) 248-368--5504-7079
Acct. Description) Storm Drain/- Mill r
Rancho Av£-�nue '.:o Iris Street _ Financ
Council Notes: previously - # 71,7 -
75-0262 j ��� Agenda Iten
CITY OF SAN ORRNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Bids for installation of a storm drain in Mill Street,
from Rancho Avenue to Iris Street, were opened at 2 : 00 p.m. ,
Tuesday, 10-21-97 .
A total of 8 bids were received, ranging from $120 , 880 . 00
to $172 , 739 . 00 for the Basic Bid. The low bid of $120 , 880 . 00 is
3 . 7% over the Engineer' s Estimate of $116 , 575 . 00 .
Additive Alternate No. 1 was included in the bid
documents, for the extension of the storm drain from Mill Street
and Iris Street to Chestnut Street and Macy Street. This
extension will complete the entire master planned storm drain
system and correct the source of the drainage concerns for this
area. The bid price by the low bidder for Additive Alternate No.
1 is $126 , 450 . 00 .
Below is an estimate of the total project cost, based
upon the actual low bid price:
Construction Contract -
Basic Bid $ 120 , 880 . 00
Additive Alternate #1 126 , 450 . 00
$ 247 , 330 . 00
Engineering & Inspection (W.O. #7079) 11 , 658 . 00
Sub-.Total $ 258 , 988 . 00
Contingencies (15%) ± 38 , 012 . 00
TOTAL ESTIMATED PROJECT COST $ 297 , 000 . 00
An amount of $148 , 000 . 00 has been allocated, under
Account No. 248-368-5504-7079 , to finance the costs incurred for
this project. Supplemental funds in the amount of $149 , 000 . 00
will , therefore, be needed to fully finance the total estimated
project cost for both the Basic Bid and Additive Alternate No. 1 .
We recomend that the transfer of $149 , 000 . 00 , from Account No.
248-368-3405 , "Unappropriated Reserve, " be approved to provide
the necessary supplemental funding to complete the entire system
for this area.
bidder. We recommend that a contract be awarded to the low
Revised
11-06-97
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Henry Empeno, Jr., Deputy City Attorney
DATE: November 26, 1997
RE: Agenda Item No. 24 - December 1, 1997 Council Meeting
Resolution Awarding a Contract to Guzman Construction
For Construction of a Storm Drain from Mill Street and
Rancho Avenue to Chestnut Street and Macy Street
The Mayor and Council may adopt the Resolution and award the contract to the low
bidder, Guzman Construction, but should add to the motion that the Council adopts a
Finding that the Council waives the minor irregularity in Guzman Construction's bid
on the ground that it is inconsequential.
Guzman Construction's misstatement of the unit price for 30" RCP is minor and
inconsequential for three reasons:
1. The bidder wrote the correct total price of that bid item in words and
numbers, i.e., "SEVENTY-NINE THOUSAND FIVE HUNDRED" and
79,500".
500".
2 The bidder wrote the correct unit price of$75 per line foot for 30" RCP in the
Basic Bid Schedule.
3. Even applying the higher $80 per line foot unit price, the amount difference
of$5,300 does not change the order of the bids because the second lowest
bidder is $11,297 higher than the lowest bidder.
Case law (not the State Public Contracts Code) states that "a public entity may
waive inconsequential deviations from contract specifications in a public contract bid."
Ghilotti Construction Company v. City of Richmond (1996) 45 Cal.AppAth 897. See also
47 Opinions California Attorney General 129, 130 (1966) and National Identification
Systems. Inc. v. State Board of Control (1992) 11 Cal.AppAth 1446, 1453.
/�4 L0�0J -
HENRY EMPEIVO, A,
Deputy City Attorney
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