Loading...
CC RESOLUTION 1490Ili I, RESOLUTION NO. 1490. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AWARDING TO BARUCH CORPORATION A CERTAIN CONTRACT FOR CONSTRUCTION AND COMPLETION OF A CITY HALL BUILDING, A POLICE STATION BUILDING AND SITE IMPROVEMENTS IN AND FOR SAID CITY. WHEREAS, the City Council of the City of E1 Segundo, California, did heretofore invite sealed bids for the construction and completion of a City Hall Building, Police Station Building and certain Site Improvements in and for said City as described and referred to in that certain "NOTICE INVITING BIDS FOR THE CONSTRUCTION OF THE EL SEGUNDO CITY HALL, POLICE STATION AND SITE IMPROVEMENTS FOR THE CITY OF EL SEGUNDO, CALIFORNIA. ", dated the 5th day of January, 1955, and which was duly and regularly pub- lished in time, form, and manner as required by law; and WHEREAS, pursuant to said notice the said City Council did duly receive various bids for the works and improvements therein contemplated; and WHEREAS, said Council did duly refer all of said bids so received to the Architect and to the City Administrative Of- facer for checking, tabulating and report thereon at its next regular meeting to be held February 9, 1955; and WHEREAS, immediately upon the declaration of said bids Mr. Herbert J. Powell of Smith, Powell and Morgridge, Architects for the City on said improvements, immediately questioned the ac- curacy of the bid submitted by one of the bidders, to wit: the bid of R. J. Daum Construction Company, which appeared to be ex- cessively low and requested that said bidder recheck figures and estimates to determine whether an error had been made in furnish- ing its said bid; and - 1 - WHEREAS, in response to the query of said Architect, a representative of said R. J. Daum Construction Company who was then and there present immediately advised the Council and the Architect that an apparent error had been made in submitting the bid of said company, and that the bid figures, estimate sheets, etc., etc. would be checked at once with the Architect and the Administrative Officer to ascertain the facts with reference there- to; and WHEREAS, at the regular meeting of said City Council of February 9, 1955, the said City Administrative Officer and the said Architect filed their written report under date of said 9th day of February, 1955, in words and figures as follows: "To The Honorable City Council City of E1 Segundo, California Gentlemen: At your request, we have reviewed the bids which were sub- mitted on February 2, 1955, for the E1 Segundo City Hall and Police Station and Site Work. The low bid of R. J. Daum Co. for the complete project was $371,200.00. A part of this bid for the Police Building was $111,143.00. Since the next bid for the.Police Building was.$175,1+00.00, it became apparent that some substantial error had been made in this part of the bid. As you know, the Photostat copy of the estimate revealed that some $53,000.00 worth of special construction was omitted from the bid. A letter is in your hands from the R. J. Daum Co., request- ing the withdrawal of their bid for the El Segundo City Hall, Police Station, and Site improvements, because of this er- ror. We are convinced that this was an honest error, that it is of such substantial nature as to cause great injury to the Bidder were he forced to perform this work. Accord- ingly, it is our recommendation that permission be granted by the City Council for the withdrawal of R. J. Daum Co.'s bid. In considering all the matters having to do with the con- struction of the Bidding Project at an informal meeting on the morning of February 9, 1955, it was determined: 1. That the requirements and needs of this City were met in the plans as developed. Further, that due to the close- ness of the 2nd and 3rd Bidders on the complete project Bid, and furthermore the fact that they are both experienced Bid- ders on work of this type, their bids appear to be a good value for the buildings as designed. Assuming, therefore, that the City decides to proceed with this work, we recom- mend the 2nd low Bidders, Baruch Corp., be awarded this work on the following basis: - 2 - and The Complete Project Bid No. 40 $429,000.00; add special prison equipment, Alternate No. 1, $11,000.00; add addition- al basement area in City Hall, Alternate No. 2, $7,500.00; substitute Copper Flashing throughout on both buildings, in place of Galvanized Iron, Alternate No. 3C; add $1,000.00. This results in a total of $448,500.00. Respectfully submitted /s/ E. E. Udall E. —E. Udall City Administrator /s/ Herbert J. Powell Herbert J. Powell Smith, Powell, & Morgridge, Architects p; WHEREAS, at said meeting of February 9, 1955, there was also submitted to and filed with said City Council a communication from said R. J. Daum Construction Company in words and figures as follows: "February 4, 1955 City of E1 Segundo E1 Segundo, California Attention: Mr. E. Earl Udall Chief Administrative Officer Subject: E1 Segundo City Hall, Police Station & Site Improvements Gentlemen: We respectfully request that our bid on Bid Items No. 1 and 4 on the subject project be withdrawn because of a clerical error of $53,580.00 in the sub - contract column of Bid Item No. 1, Police Station, as evidenced by the attached photo- static copies of our estimate sheets. The sub - contract totals of our estimate sheet No. 1 were en- tirely omitted from the total of the sub- contract column. We are extremely sorry for the inconvenience this has caused you, and we will be pleased to submit any additional infor- mation you may require concerning the project. WAP /tl Encls. cc Architects and - 3 - Yours very truly, R. J. DAUM CONSTRUCTION COMPANY Isl Wade A. Perona WADE A. VERUNG; P ESSIDEERT u; \fT M WHEREAS, the City Council has consulted with the City Attorney of the City of E1 Segundo with reference to the said bid of the said R. J. Daum Construction Company and the findings, de- terminations and recommendations of the City Administrative Offi- cer and Architect, hereinabove quoted, and with reference to the above quoted communication of said R. J. Daum Construction Company requesting withdrawal of its said bid by reason of the error above referred to therein; and WHEREAS, the City Attorney, after consideration of said matter, has advised this Council that, in his opinion, under the authority of the decision of the District Court of Appeals of the Second District of California, Division 2, made December $, 1950, in the case -of M. F. Kemper Construction Company, et al., versus The City of Los Angeles, that the City of El Segundo may permit the said low bidder, R. J. Daum Construction Company, to rescind and withdraw its said bid on account of said mistake, as it ap- pears to be an honest error; that it was made by inadvertence; that it is substantial in nature; that it would cause great injury to the bidder were he forced to perform the work thereunder; that it was immediately disclosed at the time of declaration thereof; and that it would be unconscionable to require said low bidder to proceed with the said contract under its said bid; and WHEREAS, said City Council did take the said matter under further advisement until the hour of 1;00 otclock P. M., on February 10, 1955; and WHEREAS, said last above mentioned hour and date has now arrived and the City Council has duly considered the'said mat- ter, the report and recommendations of said Architect and City Ad- ministrative Officer and the advise of the City Attorney and believes that the action hereinafter taken under the particular facts and circumstances here presented is in the public interest and in the interest of said City and is lawful and justified; - 4 - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SE- GUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Said Council does hereby find that the facts recited in the preamble to this resolution are true. SECTION 2. Said Council does hereby grant the request of said low bidder, R. J. Daum Construction Company, to rescind, annul and withdraw its said bid under the facts and circumstances hereinabove referred to and does hereby reject said low bid of said R. J. Daum Construction Company accordingly. SECTION 3. That all other bids or proposals received under and pursuant to said above mentioned notice to bidders be and the same are hereby rejected with the exception of Bid No. 4 and Alternate Bid Nos. 1, 2 and 3(c) of Baruch Corporation, a corporation (address: 321 South San Vicente Boulevard, Los Ange- les, California), and the City Clerk is hereby authorized and instructed to return the bid checks of all unsuccessful bidders. SECTION 4. That the said City Council hereby accepts the said Bid No. 4 and Alternate Bid Nos. 1, 2 and 3(c) of said Baruch Corporation on behalf of said City and does hereby agree on behalf of said City to pay to said Baruch Corporation the sum of $429,000.00 under its said Bid No. 4; the sum of $11,000.00 under its said Alternate Bid No. 1; the sum of $7,500.00 under its said Alternate Bid No. 2; and the sum of $1,000.00 under its said Alternate Bid No. 3(c), making a total of $448,500.00 for the en- tire project, including said City Hall Building, said Police Station Building and the Site Improvements , all as contemplated in and under and in conformity with the contract documents herein- after referred to. SECTION 5. That the following documents, to wit: 1st. Said *NOTICE INVITING BIDS FOR THE CONSTRUCTION OF THE BL SEGUNDO CITY HALL, POLICE STATION AND - 5 - SITE IMPROVEMENTS FOR THE CITY OF EL SEGUNDO, CALIFORNIA. *, dated January 5, 1955; 2nd. The said original bid of said successful bidder, BARUCH CORPORATION; 3rd. This Resolution No. 1490 of Acceptance of said bid; 4th. All of the various plans, specifications and documents for said complete project referred to in the respective instruments above men- tioned; and 5th. The contract *AGREEMENT" to be executed by the parties pursuant to this award; each and all of which (with the exception of 5th, the Agreement to be executed pursuant to this award) are on file in the office of the City Clerk of the City of El Segundo. Each and all of the above mentioned documents so on file are open to public inspection and as so on file are hereby expressly referred to and by this reference expressly incorporated herein and made a part hereof as fully and for all intents and purposes as though the same were here- in set forth at length. Said instruments and documents mentioned and referred to in said items 1st, 2nd, 3rd, 4th and 5th of this Section 5 of this Resolution are hereby determined to be and may be referred to, and are hereby designated as the *Contract Docu- ments*, and the said contract documents in the aggregate are and shall be and constitute the contract for the construction and completion of said City Hall Building, said Police Station Build- ing and Site Improvements for said City, within said City, all in the manner, at the locations, of the materials, within the time, subject to the terms and conditions, and at the prices as set forth in and as contemplated by said Contract documents. SME SECTION 6. In order that the funds provided by the bond issue for the City Hall Building and Site Improvements ($270,000.00) and the funds provided by the bond issue for the Police Station ($120,000.00) may be properly applied and accounted for, and the respective funds charged with the respective amounts properly chargeable thereto, the City Council has investigated and has determined from information furnished by the Architects and by the successful bidder, above named, that of the above totaled bid of $44$,500.00, the sum of $ 269,100.00 represents and is the bid price on the City Hall Building and Site Improvements; and that the sum of � 179,400.00 represents and is the bid price on the Police Station Building. SECTION 7. That the Mayor of the City of El Segundo, on behalf of said City and in its name,is hereby authorized and instructed to execute the "Agreement" for said entire project hereinabove referred to in item 5th of Section 5 of this resolu- tion, and the City Clerk to attest the same, affix the official seal of said City thereto and make delivery thereof in due course upon receipt of a duplicate thereof duly and regularly executed on the part of said Baruch Corporation. mediately. SECTION 8. That this resolution shall take effect im- SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 101h day of February, 1955. ATTEST: Cry C I erk (SEAL) Mayor of t e City o egundo, California' - 7 - STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Neva M. Elsey, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1490, was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at an ad- journed regular meeting of the said Council held on the 10th day of February, 1955, and that the same was so passed and adopted by the following vote: AYES: Councilmen Mayor Selb, NOES: Councilmen ABSENT: Councilman WITNESS my hand and 11th day of February, 1955. (SEAL) Frederick, Gordon, Swanson and r; None; Baker. the official seal of said City this - 8 - City lerk of the C ty o. E1 Segundo, Californi .