Loading...
HomeMy WebLinkAbout06/02/2009, B5 - 1016 WALNUT STREET REHABILITATION, SPECIFICATION NO. 90715 1 I council M"i''lune 2,2009 j acEnba Repoizt I�N CITY O F SAN LU I S O B I S P O FROM: Jay D. Walter, Director of Public Works 7DW Prepared By: Michael J. McGuire, Engineer III SUBJECT: 1016 WALNUT STREET REHABILITATION, SPECIFICATION NO.90715 RECOMMENDATION Award a contract to J.M. Reiss + Associates in the amount of$35,100 for the 1016 Walnut Street Rehabilitation, Specification Number 90715 and authorize the Mayor to execute the Agreement. DISCUSSION On March 10, 2009, the City Manager authorized inviting bids for the 1016 Walnut Street Rehabilitation, Specification Number 90715 (Attachment 1). The project is a rehabilitation of an existing police department facility, which includes replacing some of the exposed wood siding due to weather damage, removing the peeling paint, which has been determined to have high contents of lead that must be abated for public safety, and making some structural and architectural repairs to the foundation and floor framing to make the building safe in the event of seismic activity. Bids were opened on April 9, 2009 and six bids were received with TJ Construction of Ventura being the lowest bidder(Attachment 2). First Low Bidder Staff is recommending that the contract not be awarded to TJ Construction, due to a bid that was submitted without the inclusion of information contained in a required contract addendum. Two addenda addressing clarifications or omissions to the project plans and specifications were issued prior to the bid opening. After the bids were opened, it was apparent that the bid package submitted by TJ Construction did not acknowledge the second addendum issued. This omission gave TJ Construction an unfair.advantage in being the lowest bidder. Because TJ Construction did not include the information from the second addendum, they were notified in writing that the City would not recommend awarding a contract to them for the project(Attachment 3). Staff proceeded to evaluate the next low bidder. Second Low Bidder Staff is recommending that the contract not be awarded to the second lowest bidder; Holland Construction of San Luis Obispo, due to irregularities on the reference sheet contained in Holland Construction's bid proposal (Attachment 4). The reference sheet is a required part of the bid submittal package, on which the bidder provides reference information for three recent projects showing experience with public works projects of a similar type. The reference sheet for Holland Construction was incomplete, providing a current employee of Holland Construction as the contact for project information on one reference, and listing a contact for a previous project who had no association with or knowledge of that project. Contact phone numbers were missing for all but Holland Construction's own reference, making it difficult for staff to adequately check Holland Construction's references. On all three references Holland Construction failed to provide a project ��f I 1016 Walnut Street Rehabilitation Page 2 completion date, as required. The reference sheet is an important part of the submittal package, as it provides examples of a company's experience with the type of work the City seeks to have performed and evidence of an ability to successfully complete public works projects. Because it failed to submit a complete reference sheet with its bid package, Holland Construction was notified in writing that staff would not be recommending that it be awarded the contract. After receiving that notification, Holland Construction filed a written protest of the recommendation (Attachments 5 & 6). The written protest provides the additional information regarding Holland Construction's references that was not included on the reference sheet of the bid submittal package. The reference sheet, as stated by Holland Construction in its protest, is "to show that the bidder is a competent contractor with the experience to perform the work required by the contract". Holland Construction also contends that the reference sheet is a "restraint of trade and is discriminatory". Staff believes strongly that the references are important in determining the competence of the bidder, and gives the City the ability to check with other agencies to see if they were satisfied with the contractor in working on their projects. The recommendation to not award the contract to Holland Construction is not based on that company's past construction experience, but rather based on the failure to provide complete and correct information on the reference sheet submitted with the bid. Holland Construction's submittal was therefore nonresponsive to the City's bid specifications. Recommended Award It is unusual that the two lowest bidders would have something materially wrong with their bid proposals and thereby be recommended for disqualification. However, staff recommends that the contract award should go to the third lowest bidder, J.M. Reiss + Associates of San Luis Obispo (Attachment 7). J.M. Reiss + Associates submitted a complete and responsive bid package, including a listing of past project references. While the City Council had previously delegated award of this contract to the City Manager, in light of the objection filed by Holland Construction, it became clear that it would be more expedient to bring this matter to the City Council for resolution. Award by the City Manager, followed by an appeal to the City Council would have resulted in delay in starting this project, which is important for the health and well being of the City employees and the people they serve. CONCURRENCES The City Attorney and Police Department concur with the recommendation for project award to J.M. Reiss + Associates. FISCAL IMPACT Financial Plan Reference: 2007-09 Construction: $35,100 Budget Amount: $48;300 Construction Contingencies: $4,000 Bid Estimate: $38,000 Total for Construction; $39,100 Bid Amount: $35,100 Printing: $600 Contract Inspection: 0 Materials Testing: 0 Monitoring: 0 Total for other costs: $600 Total Cost of Project $39,700 r 1016 Walnut Street Rehabilitation Page 3 ALTERNATIVES L Award to a non-responsive bidder. The lowest bidder's price did not include the information required as part of the second addendum, which gave them an unfair advantage over the other bidders. Awarding the contract despite this irregularity would set a precedent for future awards to non-responsive bidders. Staff believes that the rules of competitive bidding require all bidders to compete on the same level and have their bids judged accordingly. The second lowest bidder's incomplete reference sheet did not allow staff to evaluate this bidders fitness for this type of work, which is an issue that the City has had to deal with on the recently completed Senior Center Remodel project. The bid instructions state, "Failure to provide satisfactory references for the performance of public works contracts shall be cause to reject the bid as non-responsive". Awarding the contract despite this irregularity would set a bad precedent for future project awards. Z Deny the award The Council could choose to reject all bids and direct staff to readvertise the project. Further delay in implementing this project may result in increased material and labor costs. Peeling lead paint from the buildings will continue to present a health hazard. Also, in the event of significant seismic activity, the annex building would most likely incur structural damage that could be potentially life-threatening. ATTACHMENTS 1. Copy of original report authorizing advertising 2. Bid Summary 3. City notification letters to TJ Construction 4. Holland Construction bid submittal package 5. City notification letters to Holland Construction 6. Holland Construction appeal 7. Contract G:\Staff-Reports-Agendas-Minutes\_CAR\2009\QP\90715 1016 Walnut Rehab\90715 CAR Award2.doc BS- 3 �—` Attachment 1 -- city of san tuts OBISPO CITY . REPORT I Final . . - Final Ci Manager Approval Approver Name Date Approved City Administration Shelly Stanwvck March 10, 2009 Reviewer Routing List Reviewer Name Date Reviewed City Attorney Jonathan Lowell March 4,.2009 City Engineer Barbara Lvnch March 4,2009 Police Department Deborah Linden March 4,2009 Finance&Information Technology Bill Statler 3-6-09 March 3, 2009 FROM: Jay Walter, Public Works Director PREPARED BY: Michael J.McGuire, Engineer III SUBJECT: 1016 WALNUT STREET REHABILITATION, SPECIFICATION No. 90715 RECOMMENDATION 1. Approve plans and specifications for"1016 Walnut Street Rehabilitation, Specification No. 90715." 2. Authorize staff to advertise for bids. DISCUSSION The Police Department Annex building, located at 1016 Walnut Street and adjacent to the Police Station, is an early 20`t' Century residence and garage that have been remodeled for use by the Traffic and Situation Oriented Response Team (S.O.R.T.) divisions. In recent years, the deterioration of the painting on both buildings has accelerated to the point where the wood siding has become exposed and is now vulnerable to damage and decay. Some exposed wood siding already needs to be replaced due to weather damage. Additionally, the peeling paint has been determined to have high contents of lead that must be abated for public safety. Also, in 2007, staff made an inspection of the structure of both annex buildings and determined that some structural and architectural repairs to the foundation and floor framing were needed to make the buildings safe in the event of seismic activity. Based on the observations and inspection of the two buildings, Police and Public Works staff determined that the structures were, overall, in good condition and could be rehabilitated for less cost than demolishing the Buildings and constructing a new annex facility. Although a Police Facilities Master Plan adopted by the City Council in 2003 identified the need for a new police facility, this new facility will take many years to achieve, making it imperative for now and the near Attachment 1 1016 Walnut Street Rehabilitation Page 2 future that the existing annex facility be maintained and be made safe for its occupants. Staff recommends approval of these construction documents for the purpose of advertising this project for bidding. FISCAL IlVIPACT The 2007-09 Financial Plan, Appendix B, pages 3-24 to 3-26, identifies $55,000 for lead abatement and construction in the 2008-09 fiscal year. Previously, $6,700 of the construction budget was transferred to help fund the project design, leaving an overall lead abatement and construction budget of$48,300. Construction: $ 38,000 Construction Contingencies: 4,000 Total for Construction: $ 42,000 Printing/Advertising. $ 600 Contract Inspection: 5,700 Total for other costs: $ 6,300 Total Cost of Project $ 48,300 Given the current competitive construction bid market, the remaining construction budget should be sufficient for lead paint abatement and rehabilitation repairs of the Police Station Annex and garage. CONCURRENCE The project has the concurrence of the Police Department. ALTERNATIVES Defer the project Further delay in implementing this project will result in increased material and labor costs. Peeling lead paint from the buildings will continue to present a health hazard. Also, in the event of significant seismic activity, the annex building would most likely incur structural damage that could be potentially life-threatening. ATTACHMENT Plans and Specifications TACity Manager Reports\Public Works\2009\CIP\90715 1016 Walnut Rehab\90715 eCM Adver ise.doc A a hmel2 > Li _ 22 \ } ) 2 \ ) 2 § a a m $ ¥ LQ [ a 2 s ) L A § @ § 2. / $ # ( ) a ) 2 \ B ( 200 k9 \ @ � 4 # ) tR40. ) - - � < k � � \ \ e § \ 2 z # � - @ - - 4 ° 2 : z - ; - § § E & � oma § � 7a ; 2 - \ ) I § j f } \ ( # \ § � � C) c 1 ) - ��_� Attachment 3 CIty Of SAn WIS OBISPO 919 Palm Street—San Luis Obispo,CA 93401 April 14, 2009 TJ Construction 5304 Elmhurst Street Ventura, CA 93003 Subject 1016 Walnut Street Rehabilitation, Specification No. 90715—Non-Responsive Bid Mr. Fkiaras, Please be advised that upon review of your bid proposal submitted for the above-mentioned project, on page 20, Item 8 Receipt of Addenda, it was noted that only Addendum 1 was acknowledged, when two addendums were issued prior to the bid opening on April 9, 2009. Due to this omission, the City of San Luis Obispo will be recommending contract award to the next lowest qualified bidder. If you feel this is in error, please respond in writing to Mike McGuire by no later than April 22, 2009. If you have any questions, please contact Mike at(805) 783-7716. 1 Sincerely, I BARBARALYNCH CITY ENGINEER i k Michael McGuire I Engineer III j ;i 4 ifl a I 7 Y i 9 V1�_- / a l` Attachment 3 III It o san lu,s omspo Y 919 Palm Street—San Luis Obispo,CA 93401 April 29, 2009 TJ Construction 5304 Elmhurst Street Ventura, CA 93003 Attn: Athenase Fkiaras Subject: 1016 Walnut Street Rehabilitation, Specification No. 90715 Dear Mr. Fkiaras: For the bid proposals submitted on April 9, 2009, for the 1016 Walnut Rehabilitation project, staff is recommending that the bids received from the first and second lowest bidden; be deemed non-responsive, for the reasons indicated in the April 14, 2009 letter previously sent to you. Staff is also recommending contract award to the third lowest qualified bidder. You have'the opportunity to comment upon this recommendation. You may submit written materials to me at the address above explaining why your bid should be considered responsive no later than 5:00 p.m., Friday, May 81 2009. If submitted, your written materials will be included in the award recommendation report to the City Manager's office. The City Manager or his designee will make a decision following review of the entire report, including any materials you submit. If you have any questions regarding this matter, please contact Mike McGuire at (805) 783- 3 7716. ti Sincerely, p Michael McGuire s Engineer Ill '! u { u I� P Attachment 4 REFERENCES _ Number of years engaged in prpviding the included included within a scope of the specifications under the present business name - A-f L7 WTT . Bidders must list three references below for the three (3) most recently completed contracts performed by your firm which demonstrate your ability to perform public works contracts as specified in these Specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No.f Customer Name C 1 Tr © 7- Contact Individual Telephone&FAX number Street Address City,State,Trp Code Email address it available: Work Description/Date Completed —tS to rr rtiQ eA a{Z • .� Reference No.2 F stomer Namentact Individualephone&FAX number j ANO 67-b / Street Address 6"4 7 City, state,Zip Code 4ZLcry 3y o f Email address if available: $r !p-(-��.5l�NEknrwd IL Lgj— Work DescriptiowDate Completed LSA-"r- pg?c&S jZ)S /f,C 96,W40Dlce— Reference No.3 Customer Name to 4: Contact Individual Telephone&FAX number Street Address c(p S City,State,Zip Code Email address if available- Work Description/Date Completed C k i Failure to provide satisfactory references for the performance of public works contracts shall be cause to reject the bid as non mponsive. W/ / J Attachment 5 ;=I!77�.Mgclty of san tuis oBispo 919 Palm Street—San Luis Obispo,CA 93401 April 14, 2009 Holland Construction 1220 Marsh Street . San Luis Obispo, CA 93401 Subject: 1016 Walnut Street Rehabilitation, Specification No. 90715— Non-Responsive Bid Mr. Holland, For the bid proposals submitted on April 9, 2009, for the 1016 Walnut Rehabilitation project, staff is recommending that the bid from the lowest bidder be deemed non-responsive. Please be advised that upon review of your bid proposal submitted for the above-mentioned project, the References sheet was determined to be incomplete and non-responsive with no information given for contact individuals, telephone numbers and project completion dates. Also, Reference No. 2 refers to Holland Construction and not an independent third party. -Due to these omissions, the City of San Luis Obispo will be recommending contract award to the next lowest qualified bidder. If you feel this is in error, please respond in writing to Mike McGuire by no later than April 22, 2009. If you have any questions, please contact Mike at(805) 783-7716. Sincerely, BARBARALYNCH CITY ENGINEER ,i Michael McGuire Engineer III N i l F5 �/� Attachment 5 l�llllllllllfllll��� IIIIIIII� A."city of San IDIS OBISPO 919 Palm Shw—San Luis Obispo,CA 93401 April 29, 2009 Holland Construction 1220 Marsh Street San Luis Obispo, CA 93401 Attn: Joseph L. Silvaggio Subject: 1016 Walnut Street Rehabilitation, Specification No. 90715 Dear Mr. Silvaggio: For the bid proposals submitted on April 9, 2009, for the 1016 Walnut Rehabilitation project, staff is recommending that the bids received from the first and second lowest bidders be deemed non-responsive, for the reasons indicated in the April 14, 2009 letter previously sent. to you. Staff is also recommending contract award to the third lowest qualified bidder. You have the opportunity to comment upon this recommendation. You may submit written materials to me at the address above explaining why your bid should be considered responsive no later than 5:00 p.m., Friday, May 8, 2009. If submitted, your written materials will be included in the award recommendation report to the City Manager's office. The City Manager or his designee will make a decision following review of the entire report, including any materials you submit.. If you have any questions regarding this matter, please contact Mike McGuire at (805) 783- 7716. Sincerely, Michael McGuire Engineer III a YI 1 1 ggfi I' 3 Bs-I� - Attachment 5 I,���������l�i�lllllllllla���►'�ulllll!! ca of san WIS OBI-SPO 919 Patin Street—San Luis Obispo,CA 93401 May 18, 2009 Holland Construction 1220 Marsh Street San Luis Obispo, CA 93401 Attn: Joseph L. Silvaggio Subject 1016 Walnut Street Rehabilitation, Specification No. 90715 Dear Mr. Silvaggio: On May 8, 2009, the City received your written materials regarding your objection of the City's recommendation to award a contract to J.M. Reiss + Associates for construction services to the 1016 Walnut Street Rehabilitation project. This matter will be considered by the City of San Luis Obispo City Council on Tuesday, June 2, 2009, starting at 7:00 pm, located in the Council Chambers of City Hall, 990 Palm Street. This matter will be presented as a business item on the agenda, at which time you will be provided an opportunity to explain your objection before the City Council. I If you have any questions regarding this matter, please contact Mike McGuire at (805) 783- 7716. Sincerely, S y Michael McGuire Engineer 111 i _ u - - ........... _... Lofland Attachment 6 ATM-NUCHAEL MOGUIRE ENGINM III 5/8/09 PUBLIC WORKS CITY OF SAN LUIS OBISPO ph. #805-783-7716 RE: 1016 WALNUT ST.REHABUHATION BID MR. MCGUIRE, THIS LETTER IS TO .BE OUR OFFICIAL OBJECTION TO THE DETERMINATION YOU HAVE MADE THAT OUR BID IS INCOMPLETE AND NON-RESPONSIVE. YOU HAVE TOLD ME PERSONALLY THAT THE PURPOSE OF THIS "REFERE 9CES/EXPERIENCr PAGE IN THE BID PACKAGE IS TO PREVENT NONE II0'ERIENCED PUBLIC WORKS CONTRACTORS FROM BIDDING A PROJECT. FIRS!' OFF, IN MY OPOiIM TBLS IS A VIOLATION OF RESTRAINT OF TRADE, YOUR STATEMENT IS DISCI]MINATORY. I ASKED IF THERE IS A MAJOR CHANGE IN THE PUBLIC WORKS OVER THE PAST 30 YFAM AND YOU SAID NO AFTER RFALIMG THE AMIRGMW IN THE OLD FORM FOR " YOU HAVE NOW CHANGED THE FORM TO READ AMID YET KNOWING THAT THE PUBLIC WORKS CONTRACTS/YiTQUIR13MOM HAVE NOT CHANCED OVER THE PAST 30 YEARS, BY YOUR OWN ADMMON, YOU NaW HAVE FtTRTHE ED THE BESTRMOM TO LIMIT THE EUERIENCE TO THE PAST 3 YEARS. THIS, IST MY OPMON, LS AN ADDITIONAL RESTRAINT OF TRADE, AND I MELEM AN HIEGAL TO THE PURUC CONTRACTS COOL THE SOLE PURPOSE OF TRIS DOCUMENT IS NOT TO BE USED TO ELIMMATE A BIDDER, BUT TO s 805-543-4071 1220 Marsh Sr.,Son Luis Obispo,CA 93401 B��/� ; -' Attachment 6 SHOW THAT THE BIDDER IS AN COMPETENT CONTRACTOR WITH THE EUERIDdCE TO PERFORM THE WORK REQUIRED BY THE CONTRACT IN THE TIME ALLOWED FOR THE JOB. OUR REFERENCES AS LISTED: 1. CITY OF TAFT- PUBLIC.WORKS PROJECT STAMPED CONCRETE IN THE MAIN STREET OF DOWNTOWN TAFT, $ 180,00. PUBLIC WORKS JOB, COMPLETED A HEAD OF SCHEDULE. CONTACT PERSON, ERIC 2IGGLER, CITY MGR, NO LONGER WITH THE CITY OF TAFT. THEREFOR A LffITNG FOR THE CPPY MGR. WAS LISTED AS HE HAS ACCESS TO ALL CONTRACT AND INFORMATION. #1 LISTED IS A DEMONSTRATION THAT HOLLAND CONSTRUCTION HAS EIPERHNTCE IN A PUBLIC WORKS CONTRACT IN GREATER MAGNITUDE AND COMPLE M Y THAN THE PROJECT BID. 2. FOX THEATER YOU SAID THAT THIS REFERENCE WAS NOT A TWO PARTY CONTRACT. I DISAGREE: PARTY 1 OWNERS- RON AND BONNIE HOLLAND, LORILEE SILVAGGIO. PARTY 2 CITY OF TAFT (MARQUEE OWNERS). PARTY 3 CONTRACTOR, HOLLAND CONSTRUCTION. I'M SURE YOU KNOW CONTRACTOR LICENSING LAW, THERE IS NO EXISTING CONTRACTOR BY THE NAME HOLLAND /SILVAGGIO INVESTMENTS, THIS IS AN ENTITY UN TO ITSELF. THE CONTRACT WITH THE CITY TO RESTORE THE MARQUEE MARES THIS A PUBLIC WORKS PROJECT. MOREOVER THE SUCCESSFUL REMOVAL OF 13 1/2 TONS OF ASBESTOS IN THIS PROJECT DEMONSTRATES A GREATER KNOWLEDGE AND UNDERSTANDING OF HAS MAT REMOVAL THAN THE BID PROJECT REQUIRES. THE LISTING OF MYSELF AS THE CONTACT PERSON WAS DONE BECAUSE OF THE COMPLEX CONTRACT 8S-i� J Attachment 6 THAT WAS PUT TOGETHER BY THE CITY AND MYSELF AS THE 4TH INDEPENDENT PARTY ACTING AS THE PROJECT MANAGER/ ARCHITECT FOR THE CITY AND THE OWNERS. ALL PARTIES WERE LISTED AS SEPARATE PARTIES ON THE BUILDING PERMT. 3. FRENCH PARK RESTROOM- CITY OF SAN LUIS OBISPO PUBLIC WORKS PROJECT. THIS PROJECT DEMONSTRATES THE E[PERIENCE NEEDED TO WORK IN THE PUBLIC WORKS ARENA IN THE CITY OF SAN LUIS OBISPO. ALL RECORDS AND NECESSARY INFORMATION NEEDED TO VERIFY THE SUCCESSFUL COMPLETION OF THIS PROJECT ARE A MATTER OF RECORD IN YOUR OWN COMP[TTER. AS YOU CAN SEE THE LISTINGS OF OUR "REFERENCES" AS REQUIRED DO DEMONSTRATE THE ABILITY OF HOLLAND CONSTRUCTION TO PERFORM PUBLIC WORKS JOBS IN THE CITY OF SAN LUIS OBISPO. MOREOVER THE NAME HOLLAND CONSTRUCTION HAS BEEN ASSOCIATED WITH QjJAIdTY AND FAIRNESS IN CONSTRUCTION IN THE SAN LUIS OBISPO AREA FOR OVER 60 YEARS. WE HOPE YOU WILL RECONSIDER THIS AWARD IN OR FAVOR. IF THIS ITEM IS SLATED TO BE ON TILE CONSENT AGENDA AT THE COUNSEL MEETING, I HEREBY REQUW THAT THIS ITEM BE PULLED FROM THE CONSENT AGE]RDA, AS WE SPEAK ON THIS ITEM. OU, I RON O by io 11 L. SILVAGGIO -A-LA(-L �QJ805-440-6284 JECT MANAGER N Q gS�/5 h ` chment 6 . p OL=D- DREFERENCES I Number of years engaged m providing the services included within the soope of the speciricelions under the present business nam: BMM"usLJsL#�belawfor-OW�1 Wbw'{3y most,meeWwuoeied-cm#acft'pwftmi3d by your firm which date your abrlty to perform public waft similar in nature to the work speatted ur these SpeciRcations. Attach addillonat pages r7:required. 'The'Cityrreserves°the WtDmm tact eaM:ofthe mfom tkmTOgaridfrgyaorfkmisxquafhalo ms. Pidwence No.1 Customer Name Contact individual Telephone&FAX number Street Address City,State.Zip Code Email address if available: Work DesaipfionlDate Completed Reference No.2 Customer Name Contact Indl idual Telephone&FAX number Street Address City.State,Tap Code Email address if avai able: Work Descaipt mOate Completed Reference Na 3 Customer Name Contact IndBridual Telephone&FAX number Street Address City,State,Zip Code Emil address if available: Work DesaiptionMate Completed Failure to provide saftbcwq mftmWes for the performance of pubes works contracts stall be rause to reject the bid as non-responsive. j kment 6 nq -.L= P rs `� hI P� `f REFERENCES/EXPERIENCE The• .Sok` :Wadeq..�: .. ,similar.-toL � .y�prl( speWieEHbrthIWpqjeek� Ttw =shaPpmvidwr :fcc„tESe&slmd r:.Rubfir.V*rlcs, c�mpteb�}`rc�'t�e`pasf''�_.COC�d: fDc cx [fe�:S1181�h3��ontide�ld�'� `0ht`'Er�pc�eE.Buelt as=1lS�projeel� �crfwOrh; l.inspector:.EalEv�t�r figWWc=pkt&mfterm&kftmmftrrsh&beMUMtDnjeapabid,asnonmsporaive. Reference Number 1 Customer Name&Contact Individual Telephone&Fax Number Street Addmm City, State,Zip Code Description of services provided ! Date Complete .Reference Number Z Customer Name&Contact Individual Telephone&Fax Number Street Address, City,State;Zip Code Description of services provided ! Date Complete Reference Number 3 Customer Name&Contact inctividual Telephone&Fax Number Street Address,City, State,Zip Code Description of services provided / Data Complete ReFerences/Expedence Proposal Form Addendum No. 1 —April 22, 2009 Attachment 6 AM.MICHAEL MCGUIRE ENGINEER III 4/21 /09 PUBLIC WORKS CITY OF SAN LUIS OBISPO ph. #805-783-7716 RE. 1016 WALNUT ST.REHABILITATION BID MR. MCGUIRE, THIS LEITER IS TO BE OUR OFFICIAL OBJECTION TO THE DE-I WNATION YOU HAVE MADE THAT OUR BID IS INCOMPLETE AND NON-RESPONSIVE. Y&Qo.IAi#RaERREW'AS'=T— Yf°:THE-PRO PARTY ANS`TO' I'bfiT#t H D" HE THE ERPRETATION OP THE. BID DOCU F REQfREM11FTSAS` TO THL--:"MOT'"�"PROjEC�! IPTG. AR YOU NOW-ADINW, THE..BID. DOCUMEN STATE TO LIST OUR MOST CURRENT PUBLIC WORKS PROJECM WE FEET: THAT WE HAVE COMPLIED WITH THIS REQUIREMENT AND HEREBY OFFICIALLY REQUEST THAT THIS MATTER BE DECIDED BY PUBLIC HEARING AT CITY COUNSEL PLEASE SCHEDULE THIS HEARING AS SOON AS POSSIBLE, YOUR COOPERATION IS GREATLY APPRECIATED. VHO by VAGGIO 805-440-6284 PROJECT MANAGER �—' Attachment 7 CITY OF SAN LUIS OBISPO CALIFORNIA AGREEMENT THIS AGREEMENT, made on this day of , 2009, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California, hereinafter called the Owner, and J.M. Reiss+Associates ,hereinafter called the Contractor. WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of 1015 Walnut Street Rehabilitation, Specification No.90715 in strict accordance with the plans and specifications therefore, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE H, CONTRACT PRICE: The owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents,the contract prices as follows: Item Total (in figures) Painting and seismic retrofitting of the 1016 Walnut $35,100.00 Street buildings per the Contract Documents. CONTRACT TOTAL $35,100.00 Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract: Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, Attachment 7 during the performance of this Contract, said dispute shall be decided by the Owner and its decision'shall be final, and conclusive. ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The full, complete and exclusive contract between the parties hereto shall consist of the following identified documents (the "Contract Documents") all of which are as fully a part thereof as if herein set out in full, if not attached, as if hereto attached: Notice to Bidders, Instructions to Bidders, Information Available to Bidders, Proposal Form, Listing of Subcontractors, Non-Collusion Declaration, Bidder's Bond, this Agreement, Escrow Agreement for Security Deposits in Lieu of Retention, Performance Bond, Payment Bond, Insurance Requirements, Guarantee of Work, Release, General Conditions, Specifications, Standard Specifications, Engineering Standards drawings, any addenda, and any change orders, field orders or directives issued pursuant to and in accordance with this Agreement. ARTICLE IV, CONFLICTS: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE V. BINDING AGREEMENT; ASSIGNMENT: Contractor, by execution of this Agreement and the other Contract Documents, understands them, and agrees to be bound by their terms and conditions. The Contract Documents shall inure to the benefit of and shall be binding upon the Contractor and the Owner and their respective successors and assigns. ARTICLE VI, SEVERABILITY: If any provision of the Contract Documents shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation Audrey Hooper David F. Romero, Mayor City Clerk APPROVED AS TO FORM: CONTRACTOR Jonathan Lowell Jerry Reiss, President City Attorney J.M. Reiss+Associates Inc.