Item 9 - Award of BId Scripps Poway Parkway Project
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TO: Honorable Mayor and Members of the City Council
- Honorable Chairman and Members of the
Redevelopment Agency
FROM: James L. Bowersox, City Man~
Executive Director
INITIATED BY: John D. Fitch, Assistant City Manager ~
Mark S. Weston, Director of Engineering service~
Alan F. Schuler, Senior Civil Engineer
DATE: October 3, 1995
SUBJECT: Award of Bid for Construction of Improvements,
Scripps Poway Parkway Project (#5261)
ABSTRACT:
The Scripps Poway Parkway East project is ready to begin construction. The City
Council/Redevelopment Agency received ten bids for construction. Despite recent State
budget cutbacks, excellent bids have made it possible to award the contract for
construction to Signs & Pinnick, Inc. in the amount of $20,962,000.00. The contract
time for the project is 730 calendar days. The low bidder, Signs & Pinnick, made an
inadvertent clerical error. Staff has reviewed the substance of the error and finds
- that the correcting measures by the contractor meet the public contracting code and
recommends award to Signs & Pinnick.
FISCAL IMPACT
The low bid offsets the losses in State funding and, therefore, sufficient funds are
appropriated for the completion of this project.
ENVIRONMENTAL REVIEW
No additional environmental findings are necessary.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City CounCil/Redevelopment Agency award the Construction of
Improvements, Scripps Poway Parkway Project contract to Signs & Pinnick, Inc. in the
amount of $20,962,000.00.
ACTION
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1 of 10 OCT 3 1995 ITEM ~1
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AGENDA REPORT
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Dire~
INITIATED BY: John D. Fitch, Assistant City Manager ,v
Mark S. Weston, Director of Engineering service~
Alan F. Schuler, Senior Civil Engineer
DATE: October 3, 1995
SUBJECf: Award of Bid for Construction of Improvements, Scripps Poway
Parkway Project (#5261)
BACKGROUND
The Scripps Poway Parkway East project has progressed through conceptional
design, environmental review, and design. The construction contract bids were
opened September 21, 1995. The project is now ready to construct. All rights
of way and mitigation lands necessary for the construction of the Parkway have
been acquired or may be possessed on short notice. Agreements for construction
with the County of San Diego and Caltrans have been drafted and will be ready
for Council approval in the next few weeks.
The City is obtaining permits from the Corps of Engineers, California
Department of Fish and Game, U.S. Fish and Wildlife Service, Caltrans, and the
County Water Authority. All permits are at a point of preparation that will
allow construction to begin. The final permit for clearance to take sensitive
habitats known as a 4(d) permit was received September 22, 1995. (See
Attachment 1)
The funding plan for the Parkway has been in place for some time now with an
update presented August 1, 1995. The Local SB 300 component of the funding
plan has been reduced by recent State actions. In past cycles of SB 300, the
State contribution has been greater that 19% of project costs. For this cycle
the State reduced their contribution to 5.88%. Due to the favorable bid, the
project can be constructed within the available funds even with the State
reduction.
ACTION:
2 of 10
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Agenda Report - Award of Bid for Scripps Poway Parkway East
October 3, 1995
Page 2
On September 21, 1995 bids were opened for the Parkway construction. The
Engineer's Estimate was $24,500,000. The contract time for this project is 730
calendar days.
Benefit Resolutions No. 94-071 and No. R-94-12 for this project were certified
by the City Council/Redevelopment Agency on June 8, 1994.
FINDINGS
The following ten bids were received:
BIDDER BID AMOUNT
Signs & Pinnick $20,962,000.00
Kiewit Pacific $22,818,347.00
C. A. Rasmussen $23,367,237.00
Chil cote $23,393,771.45
Sukut $23,776,612.00
E. L. Yeager $24,207,073.00
Daley Construction $24,658,531. 00
Errecas $24,995,880.00
West Coast General $27,915,241.58
PCL Civi1 Construction $31,238,000.00
In completing the bid documents, the lowest responsible bidder, Signs &
Pinnick General Engineering Contractors made an inadvertent clerical error.
Office personnel failed to include additional blank forms for listing of
subcontractors and suppliers. The prime contractor failed to provide a
complete list in the bid submittal.
In accordance with Public Contracting Code Section 4107.5,Signs & Pinnick
advised us of this error on September 25, 1995, within two working days of bid
opening (Attachment #2). They included a complete listing of their
subcontractors and suppliers to be utilized on this project. In addition,
Signs & Pinnick notified all of the subcontractors who supplied them bids in
those respective categories.
These subcontractors are allowed six working days from the time of the prime
bid opening within which to submit to the City and to the prime contractor
written objection to the prime contractor's claim of inadvertent clerical
error. These six working days expire on September 29, 1995. The purpose of
this statute is to avoid "bid shopping." City staff has reviewed the material
submitted by the contractor and their efforts to remedy the clerical error.
Based on their actions, we recommend award to Signs & Pinnick.
ENVIRONMENTAL REVIEW
No additional environmental findings are necessary.
(leT 3 1995 ITEM CU
3 of 10
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Agenda Report - Award of Bid for Scripps Poway Parkway East
October 3, 1995
Page 3
FISCAL IMPACI'
The low bid offsets the losses in State funding and, therefore, sufficient
funds are appropriated for the completion of this project.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency:
1. Award the Construction of Improvements, Scripps Poway Parkway Project
contract to Signs & Pinnick, Inc. in the amount of $20,962,000.00.
Attachments:
Attachment #1 - Permit 4(d) Clearance from Department of Fish and Game
Attachment #2 - Letter and Bidders List
DeT 3 1995 ITEM 9.1 . .
4 of 10
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STATE Of CALIfORNIA-THE RESOURCES AGENCY PETE WILSON, GoVltmor
D~PARTMENT OF FISH AND GAME @
llEWRIOGE OR.
~.... . DIEGO. CA 92123
(619) 467-4212
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September 22, 1995
Mr. James L. Bowersox
City Manager
City of Poway
P.O. Box 789
Poway, CA 92074-0789
Request for a Habitat Loss Permit Under the 4(d) Rule
For the Construction of the Scripps-Poway Parkway Extension
Project, City of Poway, California
Dear Mr. Bowersox:
The California Department of Fish and Game's (DFG) Natural
Community Conservation Planning (NCCP) Program staff has completed
its review of the City of Poway's request for a Habitat Loss Permit
under the federal 4 (d) Rule for the Scripps-Poway Parkway Extension
project. The' DFG has worked closely with the City in the
development of construction design and mitigation plans for the
Parkway, as well as the Subarea HCP/NCCP, which was a mitigation
requirement for the Parkway. The DFG concurs with the NCCP
findings for this project included with the City's Habitat Loss
Permit approval request letter dated September 11, 1995. The
Scripps-Poway Parkway Extension is consistent with the NCCP
Guidelines and the 4 (d) Rule, and is eligible for a Habitat Loss
Permit for impacts to coastal sage scrub habitat and the California
gnatcatcher.
The DFG has two points on which it would like clarification.
First, the 650 acres of off-site mitigation lands purchased to
compensate for Parkway impacts to coastal sage scrub habitat need
biological open space easements placed over them, or to be re-zoned
to the same designation as City Cornerstone Lands (OS-RM) . Please
clarify the current status of these lands. Second, when will the
monitoring plan for the Parkway wildlife undercrossing be completed
and monitoring initiated? The DFG requests the opportunity to
review the monitoring plan before implementation begins.
Upon receipt of this letter, and a concurrence letter from the
U.S. Fish and wildlife Service, the City may proceed with the
issuance of a contract for habitat clearing and construction of the
Parkway. The DFG appreciates the City's efforts in consolidating
the mitigation program for the Parkway with the regional NCCP
program. If you have any-questions please contact David Lawhead at
(619) 467-4211. Thank you.
Attachment 1 tlCT3 ITEM 9.1 . .
5 of 10 1995
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Mr. James L. Bowersox
September 18, 1995
Page Two.
Sincerely,
~~f.~
william E. Tippets
NCCP Field Supervisor
cc: Department of Fish and Game
Mr. Ron Rempel
Sacramento
Ms. Patty Wolf
Long Beach
Mr. David Lawhead
San Diego
U.S. Fish and Wildlife Service
Mr. Gail Kobetich
Mr. John Lovio
FILE: Chron
PARKWAY.4D
LAWHEAD/TIPPETS
6 of 10 ocT3 1995 ITEM 9.1
~:GNS ~
-- ~ fi:I.~~::::~NGJNEERING CONTRACTORS
Mark Weston September 25, 1995
Director of Engineering Services
City of Poway
13325 Civic Cen~.r Drive
Poway, CA 92074
RE: Scripps Poway ParkwAY
Listing of Subcontractors
DeAr Mr Weston,
Signs & Pinnick, Inc. has made inadvertent clerical error on the
bid for Scripps poway Parkway submitted on September 21. Due to an
overwhelming last minute subContractor response combined with the fact
that office personnel failed to send additional subcontractor/supplier
lists to the bid opening, only four sUboontractors and one supplier
were listed.
At this time Signs Ii: Pinnick, :Inc. is sUbmittinSi the following
list of subcontractors and suppliers:
(s.e following pages)
~n addition, the following companies (who submitted quotes on this
.'oject) will be notified today, September 25, that they were not
selected as subcontraotors/suppliers for this project. Note that Signs
Ii: Pinnick, Inc. only received one bid on waterproofing, trailers, pipe
and areh.
Boring: Ayala, Pipe Jacking Unlimited
Hydroseed: Hydrosprout
Pence: Atlas Fence
Curb/Gutter/Barrier: Sapper, Bli:D Construction, TB Pennick Ii: Sons
Blasting: Edick Ii: Watt, M.J.Baxter
Fax prop08als from successful and unsuccessful subcontractors will be
submitted to City of Poway September 26, 1995.
Please contact us if you require any additional information.
Sincerely,
7l-'6 Ii
LICENSE No. 299932 (619) 579-8333
685 FRONT STREET Attachment 2 EL CAJON, CA. 92020
7 of 10 DeT 3 1995 ITEM 9.1 .4
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~~ POW... V PARKWA. VPR(").J'F.C'T
LIST OF SUElCONTRAC'I'ORS
The Bidder is required Co furnish the following informacion
relative to the subcontractors and suppliers he proposes to use:
. . Please furnish t the information requested below for each
.
:' I subcontractor or supplier whose work exceeds one percent of the
( PRELIMINARY ENGINEER'S ESTIMATE shown on page 7 of 7 of the
NOTICE INVITING BIDS.w
. ) If all work is to be done without subcontractors, write "none" in
the following space:
I Na.me uncier License Address of Office Type of Work
" .... Subcontractor Number {, Mill or Sh:op & Subcontractor
I~
i. LicAneed CIARs;i'ic~t:ion T~l~phnn. Numher Wi" Dn
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.. Southern Contracting 222252 San Marcos Utilitv Duet
.Il....
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, 744-0760
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Lekos Electric 5B8410 ClO F.1 C~jn~ C;:;g'P"'l:fll1
-
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J. Mission Gunite 374889 Lakeside Gunite
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~;. 390-7404
J Payco Specialties 298673 B Chull! Vi.i:~ ~~T,;:v;""g
422-9204
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StT?P!...T~R~.
I Name of Supplier Adciress & Telephone No. Type of Material
I White Cap San Diego Miscellaneous
J
I 560-9933
;
, [ Modular Buildinas
I ~,1!1'!1 n;onn TEail~r
j ""~-l1lli
POWAY
REDEVELOPMENT AGENCY BID FOIt.\1 - 22 OF 25
09/13/95 SIGNS & PINNICK, INC. ncTS ITEM 9.1
1995
8 of 10
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SCRTPPi: POw A V PUlllW.. VPRnllu~
LIST OF SUBCONTRACTORS
The iidder is required to furnish the following information
relative to the subcontractors and suppliers he proposee to use.
Please furnish I the information requested below for each
/ subcontractor or supplier whose work exceeds one percent of the
PRELIMINARY ENGINEER'S ESTIMATE .shown on page 7 of 7 of the
NOTICE INVITING BIDS.-
If all work is to be done without subcontractors, write "none" in
the fOllowing space:
, Name under License Address of Office Type of Work
Subcontractor Number " Mill or S~op ,. Subcontractor
is. L;~."t:lpn C]~gSl:iri~..t:;nn T@l~pho~A 'N1t",h~r Wi" nn
. .
Utility Boring 475356 A Fontana Borinq
909-356-8888
.
Alcala 492941 Sa.M DiPofTf""t w..+..,.....~....."',...;=.; ~'J
- ....
A I 291-1100
Quality Hydroseed 4736!l4 C27 Ramona HYdroseed
,.
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] 789-8040
J Union Fence 575557. Sant@p- FfIon~~
448':'9336
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SUP1)TjT~~S ~
I Name of Supplier Address" Telephone No. Type of Material
,
j A:neron Lakeside Pipe
561-6363
\
,
I Pacific Corrugated Fontana Steel Arch
I
- 909-829-4235
, POWAY
REDEVELOPMENT AGENCY BID FORM. 22 OF 25
09/l3195 SIGNS & PINNICK, INC.
Den 1995 ITEM 91
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9 of 10
F.rR~ PnW A V Pl.RItW... V PRn.mc ~
LIST OF SUBCON'l'RAC'I'ORS
The Bidder is required to furnish the following information
relative to the subcontractors and suppliers he proposes to use.
Please furnish I the information requestoed below for each
I subcontractor or supplier whose work exceeds one percent of the
{ PRELIMINARY ENGlNE~R' S ESTIMATE shown on page 7 of 7 of the
NOTICE INVITrNG BIDS,-
I If all work is to be done without subcontractors, write "none" in
the following space:
L Name under License Address of Office Type of Work
.. Subcontractor Number r. Mill or S~op to Subcontractor
".
f iA TJi~@nseri ~l..I;.;'F;~A~inn TelltpMn"'l=!! N1tmh~r Wi l' ~
::~ .
.. Tom Dyke Drilling 200463 Alpine Blastinq
445-2230
- American Concrete
521641 SAn PArt":!nq ~"""n r:nr+lU\.,.-
..
l' l 471-9907 Bar=ier
..
...
~
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r
j
J
STT;lPI IT l=!l? S ~
I Name of Supplier Address & Telephone No. Type of Material
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j POWAY
REDEVELOPMENT AOENCY BID FOR..\1 . 22 OF 25
09/13/95 SIGNS & PINNICK, INC.
'Cen 1995 ITEM 9.1
10 of 10
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1f AGENDA REPORT
CITY OF POW A Y
SUPPLEMENTAL MAteRIAL
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager
INITIATED BY: John D. Fitch, Assistant City Manager ~
Mark S. Weston, Director of Engineering service~
Alan F. Schuler, Senior Civil Engineer
DATE: October 3, 1995
SUBJECT: Award of Bid for Construction of Improvements
Scripps Poway Parkway Project (#5261)
BACKGROUND
On September 26, 1995, U. S. Fish & Wildlife Service and the California
Department of Fish & Game released a letter approving the City of Poway's
habitat loss permit for construction of the Scripps Poway Parkway extension
under Section 4(d} rule. This letter supersedes the California Department of
Fish & Game's letter dated September 22, 1995 as referenced in the earlier
agenda report.
As stated in the letter "The mitigation required for the 4(d} permit is the
mitigation property of approximately 650 acres identified in the March 1,
1995, attachment to the September 11, 1995, request for the 4(d}
authorization."
"Upon receipt of this letter the wildlife agencies authorize the City to
proceed with the issuance of a contract for vegetation removal and initiation
of construction of the Scripps Poway Parkway extension."
Based on the September 26, 1995 letter, the City of Poway has been authorized
by the U. S. Fish & Wildlife Service and the California Department of Fish &
Game to proceed with the construction of the Scripps Poway Parkway.
JLB:JDF:MSW:AFS:mh
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I ACTION:
See Summary Sheet
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1 of 3 OCT 3 1995 ITEM 9.1
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SCP-28-95 THU 17:46 FISP AND WILDLIFE FAX NO. 61q4319618 P. 02
u.s. Fiah & Wildlife Service CA Dept. of Fish & Game
2730 Loker Avenue West " ,.16 Nln<b ",,"
Carlsbad. CA 92008 j PO Box 944209
(619) 431-9440 '( Sacralllento CA 94244-2090
FAX: (619) 431-9618 . (916) 653-9767
FAX: (916) 653.2588
September 26, 1995
Mr. James Bowersox
city Manager
City of poway
P.O. Box 789
poway, California 92074-0789
Re: Scripps-poway Parkway Habitat Loss Permit
Dear Mr. Bowersox:
The (wildlife agencies) 0.6. Fish and Wildlife service and the
California Department of Fish and Game reviewed the City of Poway's
(city) request for concurrence on their proposed issuance of a Habitat
Loss Permit for construction of the Scripps-poway Parkway Extension
under the section 4(d) rule of the threatened listing of the California
Gnatcatcher (gnatcatcher). This letter superceeds the CA Department of
Fish and Game's letter dated september 22, 1995. The City's request,
dated september 11, 1995, was received on September 13, 1995. We
reference the background information in the 4(d) request packet
(including findings by the City), discussions at the August 23, 1995,
meeting between the City and the wildlife agencies, and the comment
letter (dated January 13, 1994) on the final EIR for the parkway
extension project.
The wildlife agencies have been involved with the City in planning the
authorization and mitigation for the parkway extension since 1993. The
preparation of the poway subarea Habitat Conservation Plan (HCP-NCCp)
was a condition for approval of the parkway extension because the
extension did not initially satisfy the regional linkage criteria for
allocation of 5% interim loss of Coastal Sage Scrub (CSS) under the
state NCCP program. Since that time, the City Council's approval of the
HCP-NCCP has demonstrateQ that the adverse impacts associateQ with the
parkway extension will be adequately mitigated.
The direct impacts from the parkway extension will account for
approximately 120 acres of mostly brush habitats (CSS anQ chaparral) and
about 3 pairs of gnatcatchers. Due to the City's acquisition of
parcels on and off the extension right-of-way and its previous
acquisition and dedication of additional wildlands, the mitigation
strategy protects approximately 650 acres of habitat for both direct and
indirect impacts. The preparation of a City approved HCP-NCCP has
certified that: 1) the large-scale impacts of the extension will not
preClude such subregional planning and 2) a mechanism is in place for
the planned and coordinated implementation of the Poway Subarea
OCT 3 1995 ITEM 9-1
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S~P-28-95 THU 17:47 FISH ~ WILDLIFE FAX NO, 61943.Lg618 P. 03
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Mr. James Bower~ox 2
HCP/NCCP. The wildlife Agencies, therefore, concur with the NCCP
findings presented by the City a. part of the 4(d) request packet: the
loss of ess i. within the allowable St limit; a balance of approximately
275 acres will remain. As agreed, we are waiving the customary 45-day
review period for 4(d) concurrence requests.
The initiation of clearing and construction was originally anticipated
for Qetween late september and early OctOber, but the combination of the
logistical requirements of construction, permit issuance, HCP/NCCP City
council approval, and the biologically optimal timing for such
activities justifies the authorization of Clearing and construction
under the 4(d) rule no later than the middle of October. A fall
clearing for the parkway extension footprint would result in removing
the vegetation during the biologically most acceptable period.
Our approval of the 4(d) permit is not dependent on the HCP as approved.
The mitigation required for the 4(d) permit is the mitigation property
of approximately 650 acres identified in the March 1, 1995, attachment
to the September 11, 1995, request for the 4(d) authorization. A.
stated in Finding No.3, the significance of the HCP for purposes of the
4(d) permit is that the HCP demonstrates that the habitat loss resulting
from the SPPE will not preclude preparation of a SUbregional NCCP/HCP,
and that a mechanism is in place for the planned and coordinated
implementation of the poway Subarea HCP/NCCP. Any other plan, prepared
and approved by the City of poway, must meet these same goals and
standards.
Upon receipt of this letter the wildlife agencies authori~e the City to
proceed with the issuance of a contract for vegetation removal and
initiation of construction of ,the Scripps-Poway Parkway extension.
The wildlife agencies appreciate the opportunity for involvement and
continuing communication with the City regarding the implementation of
the poway subarea HCP-NCCP. please refer any questions or comments
regarding this letter to John Lovio, FWS-Carlsbad Office, at (619)
431-9440 or 8ill Tippets, CA Department of Fish and Game, at (619)
467-4212.
Sincerely,
~~~ ~~~-
Ron Rempel, NCCP program
FSW-Carlsbad Field Supervisor Coordinator, CADF&G
1-6-9S-HC-30'1
CCI CDFG, San Diego, CA (Attn: B. Tippets)
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OCT 3 1995 ITEM 9J.
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CITY OF POWAY
AGENDA REPORT
SUPPLEMENTAL MATERIAL
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager
INITIATED BY: Stephen M. Eckis, City Attorne~~
John D. Fitch, Assistant City Manager
Mark S. Weston, Director of Engineering service~
Alan F. Schuler, Senior Civil Engineer
DATE: October 3, 1995
SUBJECT: Award of Bid for Construction of Improvements
Scripps Poway Parkway Project (#5261)
DISCUSSION
,
On October 3, 1995, the City of Poway received the attached letter (Exhibit A)
from Kiewit Pacific Co. protesting the award of the Scripps Poway Parkway
cons~ruction contract to Signs & Pinnick. Kiewit Pacific Co. claims that the bid
by Signs & Pinnick was "not responsive" because they did not list all of their
subcontractors.
The City Attorney and Director of Engineering have reviewed the substance of the
clerical error and the affidavits submitted by the subcontractors not listed in
the original bid. The affidavits are available upon review by the Council.
Signs & Pinnick have notified other subcontractors who submitted bids to them of
the clerical error. Staff believes Signs & Pinnick has corrected the clerical
error in accordance with State law under 4107.5 with regards to listing
subcontractors.
State law does not require the listing of suppliers. The City's specifications
requested listing of suppliers. The protest letter states that asphalt products
or asphalt oil for production of asphalt was not listed. The cost of asphalt oil
is estimated to be 1.5% to 2% of the contract.
1 of 4
OCT 3 1995 ITEM 9.1
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-- Agenda Report
October 3, 1995
Page 2
Under provisions in the Notice Inviting Bids, "The Poway Redevelopment Agency
reserves the right, after opening bids, to reject any or all bids, or to make
award to the lowest responsible bidder, and reject all other bids, to waive any
informality in the bidding, and to accept any bid or portion thereof. Bids will
be compared on the basis of the Engineer's Estimate of the quantities of the
several items of work as shown on the Bid Schedule."
The next low bidder is $1.85 million higher (approximately 9% higher) than Signs
& Pinnick. We recommend that the Council and Redevelopment Agency waive the
informality of listing the asphalt or asphalt oil supplier. The listing is not
required by law. The public benefit of awarding to the low bidder outweighs the
additional cost of awarding to the next low responsive, responsible bidder.
RECOMMENDATION
It is recommended that the Council and Redevelopment Agency waive any
informalities in the bid including the listing of the asphalt or asphalt oil
supplier, find that the failure to list subcontractors was a clerical error
remedied by compliance with PCC ~ 4107.5, and award the bid to Signs & Pinnick.
Attachments:
Exhibit A - Letter from Kiewit Pacific Co.
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OCT 3 1995 ITEM 9.1 I
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KIEWIT PACIFIC CO.
- A Kiewit Company
$.AN DIEGO AREA OFFICE: HOME OFFICE
15050 Avenue of Science. Suite 104 1000 Kiewit Plaza
San Diego, CA 92128 Omaha, Nebraska 68131-3374
619/451-1906
FAX 619/451-2290
October 3, 1995
Mark Weston
Director of Engineering Services
City of Poway
13325 Civic Center Drive
Poway, CA 92074
RE: Scripps Poway Parkway
Dear Mr. Weston,
Kiewit Pacific Co. has viewed the bid documents with regard to the submission of a bid
for the Construction of Improvements for the Scripps Poway Parkway Project (#5261). The bid
by Signs & Pinnick, Inc. omitted several subcontractor and material supplier listings contrary
to the requirements of the Bid Documents and State law. Although, these omissions were later
partially corrected by Signs & Pinnick and subsequently allowed by Poway pursuant to Section
4107.5 of the Public Contracting Code, there still appears to be problems with the Signs &
Pinnick bid with respect to their listing obligations.
In Signs & Pinnick's September 25, 1995 letter, they claim that an "inadvertent clerical
error" was made in their bid. They stated that "office personnel failed to send additional
subcontractor/supplier lists to the bid opening." Yet, Section 2-1.04 of the Supplemental
General Provisions states:
"A sheet for listing the subcontractors as required herein, is included in the Bid
forms. A photocopy of the included form may be used for additional listings. "
Clearly, the lack of extra listing sheets was contemplated by the parties prior to bid and
provisions for the need for additional listing sheets is specifically provided for in the Bid
Documents. Signs & Pinnick's curious clerical error should not have arisen given the Bid
Documents nor should it have been "inadvertent" given the advance notice of such an event.
Kiewit Pacific Co., does not view Signs & Pinnick's error as inadvertent, nor, for that matter,
does State law. Rather, Signs & Pinnick did not follow the instructions to bidders requiring
.- bidders to submit subcontractor and supplier information with their bid. Signs & Pinnick's bid
is non-responsive. Section 4109 of the Public Contracting Code only allows the addition of
3 of 4 Exhibit A
OCT 3 1995 ITEM 9.1
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- subcontractors after bid date "in cases of public emergency or necessity, and then only after a
finding reduced to writing as a public record of the awarding authority..." There has been no
written finding of public emergency or necessity which we are aware of. As such, it is improper
to allow additional subcontractor/supplier listings based on Section 4107.5 of the Code.
A further problem arises from the failure to list an asphalt supplier and/or an asphalt
subcontractor. Even after Signs & Pinnick was given the opportunity to alter their bid
documents, they did not list a supplier and/or an asphalt subcontractor for the asphalt materials
which are necessary to the completion of the Poway project. Addendum No.4, dated September
13, 1995 amended the subcontractor and supplier listing form to specifically
include".. .supplier(s) and subcontractor whose work exceeds one percent of the PRELIMINARY
ENGINEERS ESTIMATE..." Signs & Pinnick has neither listed any suppliers which will be
supplying the (asphalt materials) nor any subcontractors who will be performing the asphalt work
for them. Section 4106 of the Public Contract Code requires a contractor to perform the work
itself when it has not listed a subcontractor for that work. Since the contract calls for listing of
suppliers as well as subcontractors, even if Signs & Pinnick is going to do the asphalt work
itself, who is going to supply the materials?
Kiewit Pacific Co, is concerned that Signs & Pinnick will be awarded a Contract for the
Scripps Poway Project, despite their turning in a non-responsive bid, by claiming an inadvertent
clerical error. There is no inadvertent error and Section 4109 of the code does not excuse the
failure by Sign & Pinnick. We urge the poway Redevelopment Agency and the Honorable
- Mayor and City Council of Poway to find the bid of Signs & Pinnick non-responsive and to
make award to the low responsive bidder.
2.:YY:9\~~<- (~~
Sam Gilmore
Counsel
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4 of 4
OCT 3 1995 ITEM 9J
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