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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 -