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Council |
Date |
April 6, 2009 |
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Agenda Item No. 8 Roll Call No. 09- Communication
No. 09-203 Submitted
by: Jeb E. Brewer, P.E. City Engineer |
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AGENDA HEADING:
Approving contract and bond
for construction of an improvement the estimated cost of which is less than the
Iowa Code competitive bid threshold, Police Station Generator Exhaust Stack,
Wolin & Associates, Inc., David R. Stroh, President, 1720 Fuller
Road, West Des Moines, IA, 50265, $26,800.
SYNOPSIS:
Recommend
receiving and filing of bids, designating lowest bidder, and approving contract
and bond for the Police Station Generator Exhaust Stack. The improvement includes a pipe extension
added to the existing generator exhaust to terminate above the roof line of the
Police Station. Competitive quotations
for construction of the improvement were received by the Engineering Department
in accordance with Chapter 26 of the Code of Iowa.
FISCAL IMPACT:
Amount: $26,800 (Construction Contract)
Funding Source: 2009-2010 CIP, Page Building-18, Police
Station Remodeling, BLD062, G. O. Bonds
ADDITIONAL INFORMATION:
Sections 26.3 and 26.12 of
the Code of Iowa exempt the governing body from advertisement for sealed bids
and holding a public hearing on the proposed plans, specifications, form of
contract, and estimated cost of the improvement when the Engineer's estimated
cost for the improvement is less than the competitive bid threshold established
in Section 314.1B.
On February 12, 2007, under
Roll Call Number 07-291, the Des Moines City Council approved bidding and
contracting process changes for construction of improvements which included
“Part II: New Competitive Quotation Process for Public Improvements” which the
City Engineer has utilized for this project. Engineering and Legal Department
Staff have utilized this process to determine the lowest responsive,
responsible bidder for construction of this improvement. The estimated cost of said improvement is
$50,000, which is less than the competitive bid threshold established in
Section 314.1B of the Code of Iowa.
The Engineering Department
has prepared plans, specifications, form of contract documents, and
Jurisdictional Engineer’s estimate for the construction of the following
improvement:
Police Station Generator
Exhaust Stack, 04-2009-019
The improvement includes a
pipe extension added to the existing generator exhaust to terminate above the
roof line of the Police Station,
Said plans and
specifications were issued to contractors that normally bid on City of
Bids for said improvement
were submitted by the following bidders:
·
Wolin & Associates, Inc.,
·
Corn States Sheet Metal Fabricators, Inc.,
·
Air-Con Mechanical, Corp.,
·
Michaels Construction Inc.,
On March 23, 2009,
competitive quotations for said improvement were received, and the bid from
Wolin & Associates, Inc. was read under advisement because Wolin &
Associates, Inc. attached a letter to its proposal which listed exclusions to
the bid, which may have had the effect of conditioning its proposal. Engineering Department staff has reviewed the
letter and determined that several of the exclusions did condition the bid, and
notified Wolin & Associates, Inc. of the finding. David R. Stroh, President of Wolin &
Associates, Inc., contacted staff and stated that the letter was erroneously
attached as a clarification document and has submitted a March 24, 2009 letter
stating that they erroneously attached the clarification document, rescinding
the document, and stating that their proposal shall be based on the original
bid documents as provided by the City with the valid bid amount of $26,800. After further review, the Engineering and
Legal Departments have determined that said letter and exclusions as submitted
can be withdrawn by Wolin & Associates, Inc. and the $26,800 bid accepted
as a minor irregularity that can be waived by the City Council.
The Des Moines City Engineer
has determined that the lowest responsible, responsive bid was submitted by
Wolin & Associates, Inc. in the amount of
$26,800, and recommends that said bid be accepted.
The Des Moines City Engineer
has secured execution of contract documents for said public improvements by the
lowest responsive, responsible bidder for presentation to the City Council for
approval and authorization for the Mayor to sign.
PREVIOUS COUNCIL ACTION(S):
Date: February 12, 2007
Roll Call Number: 07-291
Action: Summary of Bidding/Contracting Process Changes for construction of public improvements, February 2007. (Council Communication No. 07-062
) Moved by Kiernan to adopt. Motion Carried 7-0.