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HomeMy WebLinkAboutMinutes 1982-12-01Mayor Roberta Cerri Te§lia Vice Mayor Mark N. Addiego Council: Ronald G. Acosta Emanuele N. Damonte Gus Nicolopulos MINUTES CITY COUNCIL Municipal Services Building Community Room December 1, 1982 AGENDA CALL TO ORDER: (Cassette 1) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Birkelo requested: - Add Item 12a. report on the Civic Center Remodeling by the Subcommittee. - Closed Session on labor relations after Item 5. - Joint meeting with the Housing Authority for 12/8/82 be cancelled and substitute a Study Session. Mayor Teglia requested: - To make appointments to the Library Board tonight or agendaize for the 12/15/82 meeting. ORAL COMMUNICATIONS CONSENT CALENDAR Staff Report 12/1/82 recommending by Motion to authorize the Purchasing Officer to advertise for bids for the purchase of a gasoline powered mobile pressure washer. Staff Report 12/1/82 recommending by Motion to set 1/5/83 as a Public Hear- ing for the appeal of the Planning Commission decision on UP-82-636/ Goldner on 11/18/82 (3 video games). ACTION TAKEN 8:12 p.m. Mayor Teglia presiding. Council present: Acosta, Nicolopulos, Addiego, Damonte and Teglia. Council absent: None. Recited. AGENDA REVIEW So ordered. So ordered. Consensus of Council to not have a Study Session on 12/8/82 as Acosta would not be in attendance. Consensus of Council to place the item on the 12/15/82 agenda. ORAL COMMUNICATIONS No one chose to speak. CONSENT CALENDAR So ordered. So ordered. 12/1/82 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR e Staff Report 12/1/82 recommending by Motion to set 1/5/83 as a Public Hearing for reconsideration of UP-82-636/Aristakessian (French Moroccan Restaurant). Staff Report 12/1/82 recommending by Motion to set 1/5/83 as a Public Hearing for reconsideration of UP-82-636/Aristakessian (French Moroccan Restaurant). APPROVAL OF BILLS e Approval of the Regular Bills of 12/1/82. CITY MANAGER Staff Report 12/1/83 recommending adoption of a Resolution accepting and approving a Memorandum of Understanding for Unit No. 2 Communications Dispatchers. A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 2, COMMUNICATIONS DISPATCHERS, REPRES- ENTED BY AMERICAN FEDERATION OF STATE, CONSENT CALENDAR Removed from the Consent Calendar for discussion by Mayor Teglia. M/S Addiego/Nicolopulos - Consent Calendar be approved with the exception of Item No. 3. Carried by unanimous voice vote. Mayor Teglia questioned why this matter was again before Council when it had been referred back to the Planning Commission for handling at an earlier meeting. City Attorney Rogers stated that it had been sent back to the Planning Commission for a report and that placing it on the Council Agenda was part of the Use Permit procedure. M/S Acosta/Damonte - To set 1/5/83 as a Public Hearing. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/Acosta - To approve the Regular Bills in the amount of $622,197.88. Carried by unanimous voice vote. Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY MANAGER 12/1/82 Page 2 AGENDA ACTION TAKEN CITY MANAGER 5. Staff Report - Continued. COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1569, AFL-CIO, JULY 1, 1982 AUGUST 31, 1983 CLOSED SESSION RECALL TO ORDER Staff Report 12/1/82 recommending adoption of a Resolution authorizing wage increases for Unit 1 (Management), Unit 5 (Police Officers Association) and Unit 8 (Confidential). A RESOLUTION ADOPTING AND AUTHORIZING A WAGE INCREASE FOR UNIT 1 (MANAGEMENT), UNIT 5 (POLICE OFFICERS ASSOCIATION) AND UNIT 8 (CONFIDENTIAL) CITY MANAGER M/S Acosta/Addiego - To adopt the Resolution. RESOLUTION NO. 151-82 Carried by unanimous roll call vote. Council adjourned to a Closed Session at 8:18 p.m. to discuss labor negotiations The meeting was recalled to order at 9:00 p.m., all Council present, no action taken. Personnel Director Kutrus stated that the recommendation was for Council to unilaterally adopt a 6% wage increase for Unit 1 (Management Supervisory Unit) and for Unit 5 (Police Officers Assoc- iation). He stated that he had been in negotiations since April 1982 and had been unable to reach agreement with the two bargaining units to the satisfaction of all parties. He stated that many proposals and counter proposals, and still have not been able to come to agreement. He stated that Staff was making this recommendation to Council to ensure that the City maintains com- petitive wages for retention purposes and also request that the Council direct Staff to operate under the expired M.O.U.~ which would ensure that the City would continue the benefit packages for the employees. Mayor Teglia stated that the Agenda included Unit No. 8 in the Resolution and questioned if that Unit should be excluded from the Resolution. Personnel Director Kutrus stated that Unit No. 8 had come to agreement with Staff prior to the preparation of the Agenda. He stated that the Agreement with Unit No. 8 would be before Council at the 12/15/82 meeting. M/S Acosta/Damonte - To adopt the Resolution by title only for wage increases for Unit 1 and Unit 5. RESOLUTION NO. 152-82 p12/1Z82 age m AGENDA ACTION TAKEN CITY MANAGER 6. Staff Report - Continued. Staff Report 12/1/82 recommending adoption of a Resolution which determines health and welfare benefits for the City Council. A RESOLUTION DETERMINING HEALTH AND WELFARE BENEFITS FOR THE CITY COUNCIL FINANCE 8. Public Hearing - South San Francisco Proposed Master Fee Schedule. Staff Report 12/1/82 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to waive further reading of the Ordinance; 4) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND OF ORDINANCE NO'S. 193, 353, 369, 384, 442, 491, 565, 632, 661, 675, 714, 718, 757, 758, 762, 763, 783, 794, 798, 848, 849, AND 883; ALL OF WHICH AMENDMENTS PROVIDE FOR FEES FOR CERTAIN CITY SERVICES CURRENTLY BY ORDINANCE TO BE AS SET FORTH IN A MASTER SCHEDULE TO BE ADOPTED BY RESOLUTION OF THE CITY COUNCIL CITY MANAGER Carried by unanimous roll call vote. Consensus of Council - To remove Item No. 7 from the Agenda. FINANCE City Clerk Battaya read the title of the Ordinance in its intirety. Mayor Teglia opened the Public Hearing. City Manager Birkelo suggested that the Council introduce the Ordinance tonight and continue the Public Hearing to 12/15/82 and that at that meeting a Resolution would be presented to state all of the fees to be charged by the City. Mayor Teglia stated that she had received a call from Pacific Telephone expressing concern at Item No. 8 and No. 10 on the Agenda and that by continuing the Public Hearing to 12/15/82 it would allow interested parties to come forward at the next meeting and voice their concern. City Manager Birkelo stated that fees had been established many years ago and did not bear relationship to the current circumstances. He stated that the State Law requires that the City look at the fees to make sure that they are not greater than the cost to provide the service and after scrutiny of all fees the Master Fee Schedule had been formulated. An in-depth discussion followed on fees for direct alarm systems; elimin- ation of dollar fees in the Code and makes reference to the Master Fee for applications for two car service; fees for auto wrecking; Health Departmenl 12/1/82 Page 4 AGENDA ACTION TAKEN FINANCE 8. Public Hearing - Continued. POLICE o Staff Report 12/1/82 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE ADDING CHAPTER 6.62 ENTITLED "PRIVATE PROTECTION AND SECURITY SERVICES REGULATED" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE FINANCE .inspection fees, etc. Mayor Teglia stated that the Public Hearing would be left open for testimony at the 12/15/82 meeting. M/S Acosta/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Damonte - To introduce the Ordinance. Carried by unanimous roll call vote. POLICE City Clerk Battaya read the title of the Ordinance in its entirety. Mayor Teglia questioned whether the City Attorney had a letter on this matter. City Attorney Rogers stated that he had received a letter from a citizen who stated that he did not like the procedure to regulate this type of business. He stated that the citizen had stated his objections to certain things that the Police Department was requiring at this time. He stated that those requirements are still in the Ordinance and that in the Attorney's opinion they were still required to be in the Ordinance. He stated that after he talked to the Police Chief he planned to draft a letter to the citizen, Mr. Kriletich. Police Chief Datzman stated that was in process and that there had been many conversations with Mr. Kriletich and invitations for him to come into the office and go over the Ordinance and see what his reservations were. 12/1/82 Page 5 POLICE 9. AGENDA Staff Report - Continued. ACTION TAKEN POLICE He stated that this Ordinance represents a document that initially formulated in 1963 which was updated and combined with an Ordinance from the League of California Cities which will allow this City to regulate private patrols. Councilman Acosta questioned whether the City Attorney had reviewed the Ordinance with the Department of Consumer Affairs in reference to private patrol services to determine that there was not a conflict with State laws. He stated that the State would have certified these firms with complete background checks and quest- ioned why it was necessary for this City to do the same check again. Police Chief Datzman stated that if the proper information is available and has been provided there was no intent to duplicate work. He stated that he was interested in the type of vehicles employed, uniforms and the organization. Police Sergeant Petrocchi stated that quite often guard companies or indiv- idual guards are certified by the State but prior to receiving their final license could be under investi- gation by the Department of Consumer Affairs. He continued, that during the Police background investigation of State licensed guard services that some were under investigation by the Department of Consumer Affairs. He felt that because of deriving current information on the State licensed operations it was not a duplication of background checking. M/S Damonte/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Addiego - To introduce the Ordinance. Carried by unanimous roll call vote. 12/1/82 Page 6 AGENDA ACTION TAKEN PUBLIC SERVICES Staff Report 12/1/82 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING ORDINANCE ._~f3 NUMBERS 78, 140 AND 260 AND CHAPTER 13.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING CHAPTER 13.04 ENTITLED "EXCAVATION AND CONSTRUCTION ON PUBLIC PROPERTY REGULATED" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE 11. Public Hearing - Gateway Assessment District No. ST-82-2. Staff Report 12/1/83 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution overruling protests; 4) Adoption of a Resolution ordering reduction of assessments; 5) Adoption of a Resolution adopting the Engineer's Report, etc., 6) Adoption of a Resolution determining unpaid assessments and providing for issuance of bonds, Adoption of a Resol uti on awarding sale of bonds; Adoption of a Resolution to award the construction contract. A RESOLUTION OVERRULING PROTESTS THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - THE GATEWAY ASSESS- MENT DISTRICT NO. ST-82-2 A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUIS- ITIONS, DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS - THE GATEWAY ASSESS- MENT DISTRICT NO. ST-82-2 PUBLIC SERVICES City Clerk Battaya read the title of the Ordinance in its entirety. M/S Damonte/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Nicolopulos- To introduce the Ordinance. Carried by unanimous roll call vote. Mayor Teglia declared the Public Hearing open and read the following into the record: "The purpose of the public hearing is to hear what the protes- tants and the proponents have to say about the project. Until the hearing has been closed, members of the Council should not express opinions, judgments or decisions on the matters being considered. The Council is acting in a quasi-judicial capacity, so that the property owners are entitled to be heard before members of the Council arrive at their decisions. Council members should feel free, of course, to ask any questions of or seek any information they may desire from anyone appearing before them, either property owners, consultants or staff." She stated that the Engineer of Work would give a summary of the project which would include the Engineer's Report. Director of Public Services Yee stated that in October of 1982 the Council adopted a Resolution and authorized the Preliminary Engineer's Report be filed, which was done. He continued, authorization had been given to go to bid on the project, seven bids were opened on November 17th which ranged from $10,285,751 to $8,168,676. He stated that the bid from Gradeway Construction was incomplete and that O. C. Jones & Sons was awarded the bid as the lowest responsible bidder 12/1/82 P age 7 AGENDA PUBLIC SERVICES ll. Public Hearing - Continued. A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS - THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 A RESOLUTION AWARDING SALE OF BONDS - THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 A RESOLUTION OF AWARD OF CON- STRUCTION CONTRACT - THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 ACTION TAKEN PUBLIC SERVICES He stated that United Engineers sent a letter of protest and that the City Attorney had ruled that O. C. Jones & Sons bid was legal and valid and the recommendation was that United Engineers protest be overruled and the project be awarded to O. C. Jones and Sons as the lowest responsible bidder. He spoke in detail of the Engineer's Report and the estimated assessment. He stated that the proposed bond sale consisted of two bond sales: the amount of the bond for the first sale to finance Phase I work is approximately $15,800,000 and that the second sale is approximately $6,000,000 which would be sold at a later date. Steve Casaleggio, Esq., Jones, Hall, Hill & White, stated that the financing was being conducted under the Municipal Improvement Act of 1913 with 15A Bonds. He stated that the process was conducted through a consideration by the Council of the Engineer's Report and the hearing of public testimony and that if at the conclusion of the hearing Council Wished, a series of Resolution would be presented to confirm the assessments. He stated that once that was done liens would be attached to the property in proportion to the benefits to be derived by those properties; upon those liens bonds would be issued; the bonds would be payable with the tax bills and collected on those properties on the term of the bond. He concluded by stating that in terms of the bonds that they were fixed lien assessments. Mr. Tom Gaffney, Bartle Wells Associates, stated that his firm was representing the City on the negotiation of the placement of the bonds and attempting to obtain the lowest interest rate possible. He stated that there had been a meeting with his firm, the City Manager, Director of Finance and representatives of the Developer and received Stone & Youngberg Investment 12/1/82 Page 8 AGENDA ACTION TAKEN PUBLIC SERVICES ll. Public Hearing - Continued. PUBLIC SERVICES Securities offer for the placement of the bonds. He stated that subject to Council approval the bonds would be sold at a cost of 11.4% which included a discount of 3.9% which would reduce the amount of the assessment. He spoke in detail of bond underwriters, coupons, favorable bids. Mayor Teglia questioned why the bonds were not in denominations of $1,000 rather than all but one bid being in the amount of $5,000. Mr. Gaffney stated that the problem was with the bond printers in that the cost was increased for denominations lower than $5,000 and this bond issue was in excess of $16,000,000 which was a significant saving. He stated that these bonds represented phase I and would be effective January 1, 1983. Mayor Teglia stated that she had two letters of protest, one from United Engineers, Inc. and another from Dingus, Haley & Holderness. Mr. Casaleggio stated that the two documents were not truly protests against the assessment, but pertained to the construction contract and it was proper if the Mayor chose to read the letters into the record. Mayor Teglia asked if there were any written protests to be read - there was no response. She then asked if there were any proponents that wished to speak - there was no response. Mr. Casaleggio requested that the testimony, both oral and written, the Engineer's Report as revised to reflect the bond bids, construction bids and other matters pertaining to this proceeding be made a part of the record. M/S Acosta/Damonte - That all oral and written testimony, the revised Engineer's Report and all proceedings be made a part of the record. 12/1/82 Page 9 AGENDA ACTION TAKEN PUBLIC SERVICES · Public Hearing - Continued· PUBLIC SERVICES Carried by unanimous voice vote. Mayor Teglia closed the Public Hearing. She then read into the record letters from United Engineers, Inc., dated 11/18/82, Dingus, Hal ey & Holderness, dated 11/24/82, Wilsey & Ham, dated 11/18/82 (these are attached and are a permanent part of the minutes). M/S Acosta/Damonte- To adopt the Resolution overruling protests. RESOLUTION NO. 153-82 Carried by unanimous roll call vote. M/S Damonte/Addiego - To adopt the Reso- lution ordering reduction of assessments. RESOLUTION NO. 154-82 Carried by unanimous roll call vote. M/S Addiego/Acosta- to adopt the Resolution for the Engineer's Report. RESOLUTION NO. 155-82 Carried by unanimous roll call vote. M/S Nicolopulos/Acosta- To adopt the Resolution determining unpaid assess- ment and the issuance of bonds. RESOLUTION NO. 156-82 Carried by unanimous roll call vote. M/S Nicolopulos/Acosta- To adopt the Resolution awarding the sale of bonds. RESOLUTION NO. 157-82 Carried by unanimous roll call vote. M/S Addiego/Acosta - To adopt the Resolution awarding the construction contract. RESOLUTION NO. 158-82 Carried by unanimous roll call vote. 12/1/82 Page 10 UNITED ENGINEERS, INC. ENGINEERS AND CONSTRUCTORS 2630 BAYSHORE BOULEVARD · SAN FRANCISCO, CALIFORNIA 94134 Telephone: {415I 337-1577 5 55 November 18, 1982 The City Council The City of South San Francisco City Hall 400 Grand Avenue South San Francisco, California 94080 Re: GATEWAY ASSESSMENT DISTRICT Project No. St-82-2 City of South San Francisco Bid Opened: November 17, 1982 (2 p.m.) Dear Members: In reference to the above assessment project which was bid yesterday for the City of South San Francisco, we hereby formally protest to the bids submitted by Grade-Way Construction and O. C. Jones & Sons, the apparent low bidders as being defective based on the following: I. Grade-Way Construction: 1. No extensions for Bid Items 22, 22A, 24, 75, 78, 79, 93, 94 and 97. 2. No bid for Bid Item 67. 3. No listing of manufacturer for Items 5 through 12 inclusive. 4. Total contract amount not accurate, unintelligent and meaningless. II. O.C. Jones & Sons: 1. No bid on total contract amount. Item was left blank. Listing of manufacturer for Item 6 is incorrect and improper. Fairbanks, Ambrosini & Chalmers does not manufacture pumps. 3. No listing of manufacturer for Item 7. Item 7 was left blank. Minutes of 12/1/82 Page 11 BUILDINGS · HEAVY & HIGHWAY CONSTRUCTION · PIPELINES · UTILITIES The City Council The City &County of So. San Francisco Page 2 11-18-82 Due to the fact that we were not given the opportunity to review the low bidders' submittal in detail at the bid opening, we are unable to determine if any other defects exist that are not known to us. However, based on our initial examination of the deficiencies, we believe there are sufficient discrepancies to warrant a formal protest and we respectfully request that the mentioned bids be declared null and void as being nonresponsive. In addition to the gross errors in the bid amounts, Grade-Way Construction and O. C. Jones & Sons have not fullfilled the statutory bidding requirements and are contrary to the subletting and subcontracting Fair Practice Act. Further- more, it is contrary to the standard bidding requirements of the City of South San Francisco and the State of California. The method and deficiencies of the two bidders certainly focus into view the question whether they are the lowest responsive bidders. The irregularities in the bids are material and of a substantial nature that it affords Grade-Way Construction and O. C. Jones & Sons, Inc. an advantage over the other bidders. This advantage affects the elements considered in reaching the final price of the total amount of their bids for this project. Not to protest and to allow such defects to go unchallenged would set a precedent for future contractors' bidding on public works projects and further deteriorating the bidding process. We trust that being a public governing body that you will address the issue of our protest and that you will respond accordingly wtth further action. Very truly yours, UNITED ENGINEERS, INC. ,he ' Attorney, City & County of South San Francisco The City Engineer, City & County of South San Francisco vTlqe City Clerk, City & County of South San Francisco Minutes of 12/1/82 Page 12 LARRY D. DINGUS ~ETER C. HALE¥ ~}CHARD A, HOLDERNESS LINDA FOUST FREDERICK T. WILLIAMS LAW OFFICES OF ~; ~ ,, DINGUS, HALEY & HOLDERNESS. ~,'~6; SAN , TELEPHONE 391-0405 AREA CODE 415 DIX BORING OF COUNSEl November 24, 1982 5 53 The City Council The City of South San Francisco City Hall 400 Grand Avenue South San Francisco, CA 94080 Re: Gateway Assessment District Project No. St-82-2 City of South San Francisco Bid Opened: November 17, 1982 (2 p.m.) Dear City Council: This office represents United Engineers, Inc., in its protest of the bids of Grade-Way Construction and O. C. Jones & Sons. United Engineers' letter dated November 18, 1982, depicts the serious deficiencies and irregularities of the bids of Grade-Way and Jones. This letter will not repeat those deficiencies and irregularities but will highlight some of them. Grade-Way's bid is not responsive because it fails to list any amount for bid item 67, listed by Jones at $380,000.00 and United Engineers at $287,000.00. If either of those two amounts is added to the amount of Grade-Way's bid, that bid is no longer low. In addition, Grade-Way seriously unbalanced its bid by loading bid item 3 (clearing, grubbing, and demolition) to give itself a large infusion of money early in the project. For bid item 3, Grade-Way bid $626,000, Jones bid $163,000, and United Engineers bid $100,000. Such a seriously unbalanced bid should be rejected under bid instruction 1.10 which provides that obviously unbalanced bids may be rejected. Grade-Way did not even bother to sign its bid. Jones' bid has several deficiencies and irregularities which, taken together, make the bid unresponsive. Jones lists as its sewage pump manufacturer a company that does not manufacture pumps. It then fails to list any manufacturer for the motor control equipment for the pump station. These Minutes of 12/1/82 Page 13 The City Council The City of South San Francisco November 24, 1982 Page 2 deficiencies are serious because they allow Jones to circumvent the two prime purposes of the requirement for listing manufacturers. First, Jones' failure to list the manufacturers prevents the owner from analyzing the adequacy of the manufacturer and its equipment. Second, Jones' failure to list manufacturers allows Jones to "shop" the bids of the unlisted manufacturers by telling each of them that it must beat the lowest price received by Jones if Jones is to use its equipment. These serious deficiencies when combined with the other deficiencies in Jones' bid make Jones' bid not responsive. The bids of Grade-Way and Jones must be rejected because of the serious deficiencies and irregularities in both bids. The deficiencies and irregularities are too serious to be waived, and waiver of these irregularities would make a mockery of the "Instructions to Bidders" and the competitive bidding process on this project. Failure to reject those two bids will force United Engineers to pursue its legal rights for the damages caused to it by the City's failure to award the contract to the lowest responsible bidder. Sincerely, DINGUS, H~ALEY ~ HOLDERNESS Richard A. Holderness cc: Yee Minutes of 12/1/82 Page 14 - 2 - WILSEY& HAM 1035 E. Hillsdale Blvd./Foster City, CA 94404 (415) 349-2151 1-21t, 7-0502-03 November 13, 1932 Mr. Robert Rogers City Attorney CITY OF SOUTH SAN FRANCISCO t~00 Grand Avenue South San Francisco, California 9#080 Reference: Gateway Assessment District No. ST-82-2, Phase I Construction Subject: Alleged Bid Irregularities of O. C. 3ones and Gradeway Dear Mr. Rogers: We have reviewed the proposal of O. C. 3ones that was received on November 17, 1982, as regards to three alleged irregularities that were called to the City's attention by another bidder, United Engineering. Our comments relating to these irregularities follow: The first irregularity relates to the fact that O. C. Jones failed to fill in the total con- tract cost on page P7 of the Proposal Bidding Schedule. While this is an inconvenience, it should be noted that all unit and lump sum prices for each bid item were filled in; and all that was required to determine this total was to perform a tabulation of the indicated amounts for the various bid items. When this tabulation was perlormed by both the City and Wilsey & Hah, the total was determined to be $8,168,676.00, which made O. C. Jones the apparent Iow bidder. It should be noted that under the Instructions to Bidders, Article 1.3. on page INV 4, it is stated that "If the unit price and the total amount named by any bidder for any item do not agree, the unit price shall govern." Also on page INV 6, Article 2.1, it is stated that "The City reserves the right to waive any irregularities in the bids as received." Finally, ir should be noted that five (5) of the other six (6) bidders (Homer 3. Olson excepted) had numerically incorrect total amounts which had to be adjusted by the same method used to tabulate O. C. Jones' missing total. The second and third irregularities concern Item Nos. 6 & 7 of the listing of manufacturers of major materials and equipment items that was included on page P? oi the proposal submitted by O. C. 3ones. United Engineering contends /or Item No. 6, Sewage Pumps, "Fairbanks-Ambrosini & Chalmers" who is indicated to be the maufacturer of sewage pumps is not a legitimate manufacturer. United Engineering further claims that the check mark indicated after Item No. 7, Motor Control Equipment, does not indicate the manufacturer oi this equipment. In our opinion, "Fairbanks" is an obvious abbreviation that relers to "Fairbanks Morse" whose name is indicated as the "or equal" pump manu- facturer on Sheet t40/93 of the Contract Drawings. Ambrosini & Chalmers are well- known to be manufacturer's representatives of motor control equipment. In fact, they Minutes of 12/1/82 ~n~i,,ccrin~."pla,min~,,'survcyin~ Page 1 5 Oflriceslocatedim Foster City, Calil~ornia · Fresno, California · Portland, Oregon ·Tacoma, Washinglon · Bellevue.~¥a.~hington 1-2107-0502-03 Mr. Robert Rogers November 18, 1982 Page Two are authorized manufacturer's representatives for, and service the equipment made by Control Manufacturing Co., the "or equal" motor control equipment manufacturer named in the Specifications. In our opinion, the combined naming of "Fairbanks-Ambrosini & Chalmers" for Item No. 6, with the check mark below for Item 7, clearly defines the type of pump and motor equipment to be provided and fulfills the intent of the listing. Further, it should be noted that cost for motor control equipment is approximately $15,000, a minor cost consideration when compared with a possible rejection of O. C. 3ones' bid and award to second bidder who is $#25,000 higher in total contract cost. In summary, it is Wilsey & Ham's conclusion that the above alleged irregularities are ail minor in nature, caused by pressure of the bidding process. There is every indication that O. C. 3ones attempted to meet the spirit and intent of proposal preparation require- ments. As stated in the Instructions to Bidders, in conformance with Article 2.1 on page INV 6, "The right is reserved to accept the proposal deemed best for the City." and "The City reserves the right to waive any irregularities of any kind." Regarding United Engineers' comments relating to the Gradeway bid. Said bid was origi- nally considered to be apparent low bidder with a total contract cost of Sg,100,000.00. However, various missing extensions of dollar amounts, that became apparent in our review resulted in the actual cost rising to $8,427,565. In addition, cost for one signifi- cant bid item was actually omitted in its entirety. Hence, it would appear that the Gradeway bid can be considered non-responsive. Very truly yours, WILSEY & HAM CC: Robert S. Yee, Director of Public Services WOG, BP GEH/sjr/W-2 Minutes of 12/1/82 Page 16 AGENDA ACTION TAKEN ITEMS FROM STAFF 12. Report on video arcade code enforcement. 12a. Report on the Civic Center Remodeling by the Subcommittee. (Cassette 2) ITEMS FROM COUNCIL Councilman Damonte: Mayor Teglia ITEMS FROM STAFF Code Enforcement Officer Meloni spoke at length on the number of business establishments with video games; number of violations issued for violations; enforcement follow through; methods of informing new and established businesses that if a video game is on the premises the firm required a license for that machine. Vice Mayor Addiego spoke of the revised budget for the Civic Center Remodeling in the amount of $1,280,000 which consisted of serious roof problems, heating ventilation system at the Grand Avenue Library, etc. Discussion followed on renovation of the old police building; basement of City Hall; elevator installation; handicapped ramp; architectural drawings; new furniture; when the project would go to bid; temporary housing of departments using trailers or leasing buildings, etc. M/S Damonte/Acosta - A commitment to the whole project and to spend $10,000 for architectural drawings. Carried by majority roll call vote, Addiego and Teglia voted no. ITEMS FROM COUNCIL Questioned disbursement of the Close Up Program. Assistant City Manager Wilson stated that he had made contact with all the schoolsand told them of the avail- ability of the funds of $25.00 per student. Questioned the renovation of the Spruce Gym. Director of Parks & Recreation Norton stated that if the School District developed the gym it would require 12/1/82 Page 17 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Mayor Tegl ia GOOD AND WELFARE CLOSED SESSION 13. Discussion of personnel matters, labor relations and litigation. 14. Request to adjourn the meeting to 12/13/82, 6:00 p.m., at the Oyster Point Yacht Club at the Marina for a Joint Meetingwith the Harborr.)l]~ District to discuss items of /~_ mutual concern. ADJOURNMENT: ITEMS FROM COUNCIL $200,000 in improvements. City Manager Birkelo stated that the City would be liable for 60% of the $200,000 - must wait and look at the Capital Improvements Budget. Requested that the Buri Buri Fire Station be sold. City Manager Birkelo stated that an appraisal had been received but that there was a need for a formal declara- tion of the property being surplus before bids could be advertised. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:35 p.m. to discuss personnel matters, labor relations and litiga- tion. The meeting was recalled to order at 11:45 p.m., all Council present, no action taken. M/S Addiego/Damonte - That the meeting be adjourned to 12/13/82 at 6:00 p.m., at the Oyster Point Yacht Club at the Marina for the purpose of dinner and a Joint Meeting with the Harbor District to discuss items of mutual concern. Time of adjournment ll :46 p.m. RESPECTFULLY SUBMITTED, Barbara A. City of South San Francisco APPROVED: City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral presentations, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the office of the City Clerk and are available for inspection, review and copying. 12/1/82 Page 18