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Item 9 - Award of BId Scripps Poway Parkway Project - -. ~ ~ 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 /I 1 of 10 OCT 3 1995 ITEM ~1 ---- 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 -. 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 -.-- 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 " - - . . STATE Of CALIfORNIA-THE RESOURCES AGENCY PETE WILSON, GoVltmor D~PARTMENT OF FISH AND GAME @ llEWRIOGE OR. ~.... . DIEGO. CA 92123 (619) 467-4212 -- 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 ------- - . . - 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 -. .- 1oJ._. L.v \,0,", v",,, ....i' '~: I lJ._ oJ,,1.lJ U .. "..1.,:~, ~ ,",..\ .. ,,1.'...., ::-::"'.11), .\...., ;;....:- ';1':' ...1,,":- .~, ...,) ~~ 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 ~ - .. Southern Contracting 222252 San Marcos Utilitv Duet .Il.... -1' " ;. , 744-0760 - Lekos Electric 5B8410 ClO F.1 C~jn~ C;:;g'P"'l:fll1 - .- I J. Mission Gunite 374889 Lakeside Gunite f" ].' " ~;. 390-7404 J Payco Specialties 298673 B Chull! Vi.i:~ ~~T,;:v;""g 422-9204 1 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 "'1\,1.1"'01 \& .I UlnlVI\ U1V. rn^ IlU. UI0 :JIO VI 10 r.Uq ....... ...... ....... IIVU .Iv...., - - 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 ,. .~ ] 789-8040 J Union Fence 575557. Sant@p- FfIon~~ 448':'9336 J 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 - 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 .. ... ~ .." r j J STT;lPI IT l=!l? S ~ I Name of Supplier Address & Telephone No. Type of Material j I \ J I ! / I j POWAY REDEVELOPMENT AOENCY BID FOR..\1 . 22 OF 25 09/13/95 SIGNS & PINNICK, INC. 'Cen 1995 ITEM 9.1 10 of 10 ~ ~ ID~~.J::(S 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 ~ ..-:::: '\ I ACTION: See Summary Sheet II ~ 1 of 3 OCT 3 1995 ITEM 9.1 -- -- 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 2 of 3 S~P-28-95 THU 17:47 FISH ~ WILDLIFE FAX NO, 61943.Lg618 P. 03 . . . 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) -. OCT 3 1995 ITEM 9J. 3 of 3 -~ ~- - 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 -- -- 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. .,- 2 of 4 OCT 3 1995 ITEM 9.1 I - -- -- 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 -- - -~ - - 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 - 4 of 4 OCT 3 1995 ITEM 9J ~-