HomeMy WebLinkAboutAGENDA REPORT 1993 0526 CC ADJ ITEM 11A"7ORPARK, CALIFORNA
ACTION:
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AGENDA REPORT
C = TY O F MOORPARK
� ITEM /is A 96
:)ORPARK, CALIFC-'
City C0YrrJI M001-:-3
of 199,3
ACTION:,(
-1 , , -5-)
ILL
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works ►"
DATE: May 11, 1993 (Council Meeting 5- 19 -93)
SUBJECT: Consider Bids for the Construction of the Community
Building and Gymnasium at Arroyo Vista Community Park.
OVERVIEW
This presents the bid results for the subject project and
recommends award of a contract for proposed construction.
DISCUSSION
A. Background
The City received and considered bids for the subject project in
December 1992 and again in January 1993. On both occasions the
City Council rejected the bids and directed the project to be
readvertised.
When the bids were rejected the second time, the City Council
referred the project to the Public Works, Facilities and Solid
Waste Committee (Mayor Pro tem Montgomery and Councilmember
Wozniak) to evaluate options for the possible redesign of the
project for the purpose of reducing costs prior to
readvertising. After meeting with the project architect and
discussing a number of alternatives, the Committee recommended
the following changes:
• the deletion of portions of the covered walkway beyond the
immediate building perimeter;
• changes to certain flooring and other materials; and,
• the possible (Bid Alternate) replacement of the rubber
flooring material around the wooden gym floor with vinyl.
On March 3, 1993, the City Council reviewed and approved the
Committee's recommendation and directed staff to readvertise to
project for receipt of bids.
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Arroyo Vista Park Community Building
May 19, 1993
Page 2
B. Bid Results
Attached as Exhibit 1 is a listing of the bid results. The
apparent low bidder at the time of the bid opening was Tri -Build
Development Corporation with a base bid of $1,790,000.00.
C. Deduct Alternate
The bidding documents made provisions for a Deduct Alternate to
change the Synthetic Rubber Sports Flooring (SRF) around
perimeter of the wood gym floor, to a less expensive vinyl
flooring material. The amounts bid for the Deduct Alternate are
also set forth in the Bid Summary attached as Exhibit 1.
The cost /benefit of retaining the SRF flooring is marginal. It
is the recommendation of staff that the Deduct Alternate be
approved and the flooring around the wooden gym floor be changed
to vinyl. If the contract is awarded to Tri - Build, the amount
of the cost reduction would be $34,992.00.
D. Protest
The City received a protest from McAlpine & Salyer Construction,
Inc. (Exhibit 2) regarding the manner in which the bid opening
was administered. That protest requests that the bid submitted
by the apparent low bidder, Tri - Build, be disqualified.
Staff has reviewed the facts pertaining to the bid opening and
prepared a separate Memorandum to the City Council pertaining to
those facts. It is the conclusion of staff that all of the
bids, including the bid submitted by Tri - Build, were received by
the City prior to the time prescribed in the bidding documents.
It is, therefore, the recommendation of staff that the protest
be rejected.
E. Qualifications
The bidding documents require bidders to submit background
information deemed necessary to evaluate the bidders'
qualification to undertake and complete the project in a
satisfactory manner. The bidding documents also state that the
City reserves the right to reject any bid if the information in
the proposal, or the information gathered in the evaluation of
the bidder's qualifications, fails to satisfy the City that the
bidder is qualified to perform the work in a satisfactory
manner.
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Arroyo Vista Park Community Building
May 19, 1993
Page 3
Staff has reviewed the information provided in the Proposals
received. A more extensive review was made of the three lowest
bids. The Proposal submitted by the apparent low bidder, Tri -
Build Development Corporation, received the most exhaustive
analysis. That review included 1) a review the Statement of
Qualifications submitted by the apparent low bidder, their
masonry and structural steel sub - contractors; 2) telephone
interviews with the bidder, job references and other sources;
and, 3) a field inspection of one of the projects constructed by
that firm.
The initial analysis of the Proposal submitted by Tri -Build left
some questions unanswered regarding the ability of that firm to
construct the City's project in a satisfactory manner. The
award of contract was delayed to allow staff time to discuss
these concerns with that bidder. On Monday, May 10, 1993, staff
met with the bidder, at his office, to discuss staff's concerns
about the background, experience and capabilities of his firm to
manage the construction of the subject project. Those
discussions included an inspection of some of the projects
previously constructed by that firm.
On the basis of this further investigation, staff has concluded
that Tri -Build possesses the qualifications required to
construct the subject project.
F. Fiscal Impact
1. Building Construction -- A summary of total estimated costs
for the Community Center and Gymnasium is as follows:
Element
Design
Construction
Contract
Cabinets
Construction Admin / Inspection
Sub -Total
Contingency 10%
TOTAL
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Cost Estimate ($)
133,658
1,755,088
15,000
40,000
1,943,746
180.000
$ 2,123,746
Arroyo Vista Park Community Building
May 19, 1993
Page 4
2. Total Project Cost Summary -- A complete project cost
analysis is attached as Exhibit 3. A summary of that
attachment is as follows:
Site Preparation 643,681
Landscaping 677,605
Buildings 2,123,746
Other Efforts 117,586
TOTAL $ 3,562,618
Less Prior Year Expenses (82,774)
FY1992/93 & FY 1993/94 Costs 3,479,844
Less FY 1992/93 Expenses to date (680,965)
Future Costs $2,798,879
3. Funding Sources -- The FY 1992/93 Budget shows $1,800,000
budgeted from Fund 05 -- Park Improvement for this project.
A portion of that amount is in the form of a State grant in
the amount of $69,000.
4. Park Improvement Fund (Fund 05) Balance -- A partial re -cap
of the fund balance in Fund 05 is as follows:
Current Fund
Zone Balance ($)
Community 1,645,684
Central 2,365,843
The established City policy states that forty percent (40 %)
of in lieu park fees (developer contributions) and land
lease income for each zone shall go to the Community Zone
of the Park Improvement Fund for the construction and
improvement of Arroyo Vista Community Park and other
community type facilities. The other sixty percent (60 %)
of the funds from those sources is to remain in the zone in
which it is generated, for the construction and improvement
of neighborhood park facilities.
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Arroyo Vista Park Community Building
May 19, 1993
Page 5
Previously, the City Council had directed that the forty
percent (40 %) portion from the Central Zone not be
transferred to the Community Zone. The Public Works,
Facilities and Solid Waste Committee (Mayor Pro tem
Montgomery and Councilmember Wozniak) is recommending that
twenty percent (20 %) of the Central Zone fund balance (one -
half of the amount specified by the above mentioned policy)
be transferred to the Community Zone for use at Arroyo
Vista Community Park.
5. Budget Amendment -- Again, the current amount budgeted from
Fund 05 for this project is $1,800,000. As stated above, it
is recommended that twenty percent of the fund balance for
the Central Zone be transferred to the Community Zone to fund
the subject project. It is also recommended that twenty
percent (20 %) of the total project cost be funded by the
Redevelopment Agency. A re -cap of this proposed funding is
as follows:
Fund 05
Community Zone
FY1992/93 Exp. to Date
Remaining Funds
Central Zone (2,365,843 x 0.20)
Sub -Total
Redevelopment Agency **
Total
680,965
1,625,519
490,993
Amount ($)
2,797,477
682,367
$ 3,479,844
Note: ** This Redevelopment funding is equal to
approximately 19% of the estimated total
project cost ($3,618,614).
G. Committee Review
The Public Works, Facilities and Solid Waste Committee is
scheduled to discuss this item at their meeting of May 17, 1993.
The Committee's comments and recommendations will be provided at
the City Council meeting.
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Arroyo Vista Park Community Building
May 19, 1993
Page 6
H. Project Schedule
It is anticipated that construction of the subject project will
commence in early June and be completed in February 1994. Plans
are to have a cornerstone placement ceremony as a part of the
City's Tenth Anniversary Celebration on July 3rd.
RECOMMENDATION (Roll Call Vote Requiredl
Staff recommends that the City Council take the following actions:
1) Approve Deduct Alternate #1 to change the rubberized sports
floor around the perimeter of the wooden gym floor to vinyl;
2) Approve the revised appropriations and Budget amendment set
forth in Section F -5 of this report.
3) Reject the protest filed by McAlpine & Salyer Construction,
Inc.;
4) Award a contract for the subject project to Tri -Build
Development Corporation for the bid amount of $1,755,008.00;
5) Approve a ten per cent contingency for the project; and,
6) Authorize the Mayor to sign necessary contract documents.
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Exhibit 1
Bid Results: Bid Opening 4 -27 -93
Arroyo Vista Community Park Building and Gymnasium
Staff recommends that the City Council continue this matter to May
19, 1993.
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Base Bid
Deduct Alt.
O.
Bidder
Amount (Sl
NO. 1 ($)
Total lSl
Architect's Estimate
1,750,000.00
- 40,000.00
1,710,000.00
1
Tri -Build Dev. Corp.
Badiy Badiyan
1,790,000.00
- 34,992.00
1,755,008.00
Santa Monica, CA
(310) 453 -3646
2
McAlpine & Salyer
Jack Salyer
1,838,777.00
- 27,693.00
1,811,084.00
Paramount, CA
(310) 634 -1161
3
Viola, Inc.
Virginia Viola
1,845,000.00
- 20,000.00
1,825,000.00
Oxnard, CA
(805) 487-3871
4
Heskell & Sons, Inc.
Russel Kuskell
1,881,985.00
- 25,126.00
1,856,859.00
Pacoima, CA
(818) 896 -8996
5
Construction Group, Inc.
Sarah Herthel
1,882,900.00
- 23,000.00
1,859,900.00
Chatsworth, CA
(818) 998 -6905
6
Burns- Pacific Const.
Ronald Udall
1,884,000.00
- 23,000.00
1,861,000.00
Thousand Oaks, CA
(805) 371 -4171
7
Frank Schipper Constr.
Frank Schipper
1,899,950.00
- 22,121.00
1,877,829.00
Santa Barbara, CA
(805) 963 -4359
8
R. P. Richards, Inc.
Edmund Richards
1,924,000.00
- 27,000.00
1,897,000.00
Goleta, CA
(805) 683 -6288
9
Cariqnan Constr
Larry Cariqnan
2,000,000.0
- 26,126.00
1,973,874.00
Westlake Village, CA
(310) 373-6141
10
Roman -Ford, J. V.
K. Baeliey
2,099,000.00
- 26,500.00
2,072,500.00
Los Angeles, CA
(310) 478 -4747
Staff recommends that the City Council continue this matter to May
19, 1993.
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McAlpine &Salyer_
construction, inc.
April 27, 1993
RECEIVED
Mr. Kenneth C. Gilbert AV A 2 9 W3
Director of Public Works
City of Moorpark kl�t; (';
799 Moorpark Avenue
Moorpark, CA 93021
RE: Community Building and Gymnasium at Arroyo Vista
Bid Protest
Gentlemen:
This letter is to formally protest the acceptance and
opening of a bid submitted by Tri Build at today's
bid opening. In the presence of the bidders, our Mr.
Jose Ulloa included, after 2:00 p.m. and after all
of the bids were spread out on a table ready for opening,
a bid was brought in with the time 2:00 written on
it. This bid turned out to be the apparent low bid.
If this bid is accepted it is, in our opinion, a clear
violation of the public bidding procedures since it
was received after the cut off time. As you are aware,
the later the bid is submitted the more advantage is
received.
In fairness to all bidders, TriBuild's bid should be
rejected.
ery tr.ul y rs,
CJ ck G. alyer.
President
JGS:pjh
cc: Mr. Paul W. Lawrason, Jr., Mayor
Mr. Scott Montgomery, Mayor Pro -tem
Mr. Patrick Hunter, Council member
Mr. Bernardo M. Perez, Council member
Mr. John Wozniak, Council member
15709 Illinois Avenue • P.C. Box 649 • Pcrcr.;r.)i,: :i ( -A 9; 71 • (3 1 O) 634 1 161 (21 3) 6 ''G % ...
Exhibit 3 (1 of3) Arroyo Vista Community Park Project Cost Summary 11- May -93
Prior FY 1992/93
Years Expenses Future
Description Design Constr. Insp. TOTAL Expenses To Date Expenses Remarks
I. SITE IMPROVEMENTS
PRELIMINARY ENGINEERING
Aerial Topo 8,250
Hydrology Study 10,000
Hydrology Addendum 1,500
CAA: Grading Plan 24,184
CAA: Dirt Import Analysis 640
DESIGN
3,500
CAA: Survey
600
CAA: Initial Design
46,168
CAA: Re- Design Grading
26,500
CAA: Biding Phase
490
WLC: Parking Lot
1,635
Printing / Reproduction
3,558
CONSTRUCTION
CAA (91 -37)
UWC Road
Deposit from UWC
CAA (91 -66)
Burhoe: Contract
Burhoe: Change Orders (Est.)
CAA (91 -057)
Burhoe Contingency for Claim
17,246
Ballfield Grading: R &H Paving
Ballfield Grading: AGI
Ballfield Grading: Jensen
0
Cap Abandonded Well
INSPECTION
CAA: Admin
CAA: Insp
Jensen: survey fields
AGI: (Soils)
AGI: (Softball Fields)
Site Improvement Sub -Total
5,830
(5,830)
409,193
10,000
51,000
19,125
700
2,350
4,200
8,250
10,000
1,500
24,184
640
600
46,168
26,500
490
1,635
3,558
5,830
(5,830)
409,193
10,000
51,000
19,125
700
2,350
4,200
3,500
3,500
7,000
7,000
868
868
11,520
11,520
700
700
123,525 496,568 23,588 643,681
* All or a portion of these costs occured prior to 6- 30 -91.
8,250
1,500
0
Western Aerial
10,000
0
0
Hawks
1,500
0
0
Hawks
24,184
0
CAA (91 -37)
640
0
CAA (91 -66)
600
0
CAA (91 -057)
28,922
17,246
0
CAA (92-004)
26,500
0
CAA (92 -004)
490
0
CAA (92 -025)
1,635
0
By Wolff /Lang
3,558
0
5,830
0
CAA (91 -39)
(5,830)
0
367,927
41,266
9,000
1,000
51,000
18,169
956
700
868
1,482
4,200
2,000
1,500
1,225
5,775
868
0
11,128
392
700
-
0
--- - - - - -- --- - - - --
74,096 461,314
----- - - - - --
108,271
CAA (92 -032)
CAA (92 -033)
Exhibit .3 (2 of3) Arroyo Vista Community Park Project Cost Summary 11- Hay -93
Description
Design Constr. Insp. TOTAL
II. BUILDINGS
DESIGN
W /L /C: Fee
118,000
118,000
W /L /C: Reimbursables
3,500
3,500
CAA: Building Plan Checking
3,793
3,793
Printing / Reproduction
8,365
8,365
CONSTRUCTION
0
Contract
1,755,088
1,755,088
Contingency (10 %)
180,000
180,000
Cabinets (Est.)
15,000
15,000
Prior FY 1992/93
Years Expenses Future
Expenses To Date Expenses Remarks
2,973 66,854
3,229
8,365
48,173
271
3,793 CAA (92-10)
0
1,755,088
180,000
15,000 By Others
INSPECTION
Picon (see Below)
CAA
0
0 !
0
Testing / Inspection
40,000
40,000
I
I
40,000
Bldinq Constr. Sub -Total
--- - - - - --
133,658
---- - - - - --
1,950,088
--- - - - - --
40,000
---- - - - - --
2,123,746
--- - - - - -- --- - - - - --
2,973 78,448
----- - - - - --
2,042,325
III. LANDSCAPING AND RELATED
IMPROVEMENTS
DESIGN
Maloney: Fee
70,250
70,250
56,518
13,732
Maloney: Reimb
5630
5,630
2,887
2,743
Printing / Reproduction
2,000
2,000 I
2,000
0
CONSTRUCTION
Contract: ValleyCrest
565,330
565,330
565,330
Change Orders
(14,505)
(14,505) I
(14,505)
Temporary Power
1,675
1,675
1,675
Contingency (5 %)
30,000
30,000
30,000
Soils Tests / Analysis
800
800 I
695
105
Relocate Controllers
2,000
2,000
2,000
L/S @ Building
9,500
9,500 I
9,500
Temporary Fence
925
925
925
Trees
4000
4,000 I
4,000
INSPECTION
0
0 I
0
Landscaping Sub -Total
--- - - - - --
77,880
---- - - - - --
599,725
--- - - - - --
0
---- - - - - --
677,605 j
--- - - - - -- --- - - - - --
0 62,100
----- - - - - --
615,505
Exhibit.; (3 of3) Arroyo Vista Community Park Project Cost Summary 11- Kay -93
Prior FY 1992/93
Years Expenses Future
Description Design Constr. Insp. TOTAL Expenses To Date Expenses Reaarks
IV. MISCELLANEOUS COSTS
Picon
26,400
Fees & Permits
0
WATER
I
Water Conn. Fees ( Calleguas
2,408
Water Connection Fees (WW #1
4,093
Water Will Serve
15,000
Water Meters
1,350
Misc. Elect
11100
SEWER
I
Sewer Connection Fees
15,000
EDISON
0
Street Lights
2,500
Primary
7,500
FIRE CLEARANCE
794
FISH & GAME
1,912
VCFCD
3,200
MISCELLANEOUS
Moorpark News
112
Rent a Fence
Postage
250
Sandbags
Other
Other Park Related Costs
WELL
Water Well Analysis
132
Electrical Service
WEED ABATEMENT
705
1,479
1,601
26,400 52,800 1 5,705 21,295
5,650
2,408
4,093
15,000
1,350
1,100
15,000
2,500
7,500
794
1,912
3,200
541
4,093
15,000
1,350
1,100
15,000
0
5,021
794
1,912
3,200
25,800
1,867 WW 11
0 Callequas
0
0
0
0
2,500
2,479
0
0
0
112
112
0
705
I
705
0
250
1
250
0
1,479
1479
0
1,601
I
1,601
0
132 I
0
132
5,650
5,650
0
--- - - - - -- ---- - - - - -- --- - - - - -- ---- - - - - -- --- - - - - -- --- - - - - -- ----- - - - - --
Misc. Expenses Sub -Total 81,751 3,785 32,050 117,586 5,705 79,103 32,778
TOTAL 4161814 3,050,166 95,638 3,562,618 82,774 680,965 2,798,879
Less Comunity Zone Fund Balance ........................... (1,625,519)
Unfunded Balance ............ ............................... 1,173,360
Less Proposed Transfer from Central Zone (20% of 2,454,966) (490,993)
Proposed Funding by Redevelopment Agency ................... 682,367
�i,;t .�
�u� , A
AG ENDA RE PORT
C = T Y OF MOORPARK
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
4
DATE: May 11 1993 (Council Meeting 5- 19 -93)
SUBJECT: Summary of Facts Regarding the Bid Opening for Arroyo
Vista Community Park Gymnasium and Community Building.
OVERVIEW
The apparent second low bidder, McAlpine & Salyer, Inc., has
submitted a written protest ( Exhibit 1) regarding the timeliness of
the bid submitted by the apparent low bidder, Tri -Build Development
Corporation. This presents a summary of the facts pertaining to
the manner in which the subject bids were opened.
DISCUSSION
1. The City advertised the subject project for receipt of bids by
publishing a Notice Inviting Bids in the local newspapers and,
more importantly, in trade papers subscribed to construction
contractors.
2. The Notice to Inviting Bids states that the City... "will
receive such bids in the office of the City Clerk, 799 Moorpark
Avenue, Moorpark, California, 93021 up to the hour of 2:00 P.
M. on April 27, 1993, at which time they will be publicly
opened and read."
3. It has been the practice of the City to have the receptionist
receive all bids, enter on the sealed bid envelope the date and
time the bids are received and hold the bids for the City
Clerk. The City Clerk then comes to the front counter just
prior to the bid deadline to pick -up the bids.
4. Just prior to 2:00 p. m. on April 27, 1993, Joyce Figueroa was
filling in for Yvonne Hinojosa at the receptionist desk.
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Arroyo Vista Park Community Building
Bid Opening
Page 2
5. Several bidders were waiting outside the lobby prior to
submitting their bid. This is consistent with the common
practice of bidders to wait by a (cellular) phone to receive
information for their bid up to the last minute.
6. Many of the bidders proceeded to submit their bids just prior
to 2:00 p. m. Coincidentally, the switch board was very busy
at this time which made the process more difficult. Theresa
Dillon, the Administrative Secretary for the Department of
Public Works, went up to the receptionist station to provide
assistance.
7. Dot Vandaveer arrived at the receptionist station immediately
prior to 2:00 p.m. When the clock on the wall read 2:00 p. m.,
Theresa Dillon gave Dot the nine bids which had been received
at that point and proceeded toward the Conference Room.
8. I joined Dot and the bidders interested in the bid opening in
the Conference Room shortly after 2:00 p.m.
9. I announced that it was time for the opening of the bids. At
that moment, Wayne Boyer, Finance Officer, entered the room and
delivered the tenth bid. No bids had yet been opened. I
looked at the tenth bid and noted that the time of receipt
entered on the bid envelope was 2:00 p.m. The name on the bid
was Tri -Build Development Corporation, the firm which later was
determined to be the apparent low bidder. We then proceeded
with the bid opening.
10. There were questions raised by some of the bidders regarding
the legitimacy of the tenth bid. The response I gave was that
it appeared that the bid was received on time.
11. It was the view of Dot Vandaveer, Deputy City Clerk, that it
was 2:00 p. m. when she left the receptionist area with the
nine bids. This conclusion was based on the time showing on
the clock on the wall behind the receptionist's desk.
12. Both Theresa Dillon and Wayne Boyer later noted and discussed
with each other the fact that the clock on the wall was a few
minutes faster than their wrist watches. Later it was
determined that Joyce Figueroa's watch agreed with those of
Theresa and Wayne. Joyce's watch also showed a time which was
a few minutes earlier than the clock on the wall.
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Arroyo Vista Park Community Building
Bid Opening
Page 3
13. When the tenth bid was received by Joyce Figueroa, she noted
the time showing on her wrist watch and entered 2:00 p.m. on
the envelope.
14. Later, the correct telephone time information number was
called. That call confirmed the fact that the wrist watches of
Wayne, Theresa and Joyce were correct and the clock on the wall
behind the receptionist was two minutes fast.
Attached are Memos prepared by Joyce Figueroa, Dot Vadaveer,
Theresa Dillon and Wayne Boyer, which convey their recollection of
the above events.
CONCLUSION
Based on the above facts, it is the determination of staff that the
bid submitted by Tri -Build Development Corporation was received at
or prior to the time required by the Notice Inviting Bids.
• 1;! ZKO7.Yom
Staff recommends that the protest filed by McAlpine & Salyer, Inc.
be rejected.
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\0
Mc alpine & Salyer
construction, inc.
April 27, 1993
RECEIVED
Mr. Kenneth C. Gilbert AR 2 9 M, 3
Director of Public Works
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Community Building and Gymnasium at Arroyo Vista
Bid Protest
Gentlemen:
This letter is to formally protest the acceptance and
opening of a bid submitted by Tri Build at today's
bid opening. In the presence of the bidders, our Mr.
Jose Ulloa included, after 2:00 p.m. and after all
of the bids were spread out on a table ready for opening,
a bid was brought in with the time 2:00 written on
it. This bid turned out to be the apparent low bid.
If this bid is accepted it is, in our opinion, a clear
violation of the public bidding procedures since it
was received after the cut off time. As you are aware,
the later the bid is submitted the more advantage is
received.
In fairness to all bidders, TriBuild's bid should be
rejected.
ery trul y rn,
�J ck G. alyer.
President
JGS:pjh
cc: Mr. Paul W. Lawrason, Jr.. Mayor
Mr. Scott Montgomery, Mayor Pro -tem
Mr. Patrick Hunter, Council member
Mr. Bernardo M. Perez, Council member
Mr. John Wozniak, Council member
15109 II'.inois Avenue • P.C. Box 64) • nl ;'.'.11 t,:3.1 '• 1 b ! (? 1
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: Richard Hare, Deputy City Manager
J
FROM: Joyce Figuero�-
Secretary, Community Development
DATE: April 30, 1993
SUBJECT: PUBLIC WORKS BID OPENING, (ARROYO VISTA COMMUNITY PARK)
Pursuant to your request the following memorandum is being
provided:
On Wednesday, April 28, 1993, while filling in as the
switchboard operator for the receptionist, Yvonne Hinojosa, I
recall that the bidders were outside City Hall speaking on
their cellular phones, prior to submitting numerous bid
documents, many which were received at the same exact time.
While answering the switchboard, taking messages and assisting
at the counter, I received and date stamped the numerous bid
envelopes received at 1:57 p.m. I remembered that the Public
Works Administrative Secretary, Theresa Dillon was standing
behind me to receive the envelopes and I recall that the
switchboard was extremely busy. After I stamped the
envelopes, Theresa Dillon gathered them up and left to deliver
them to the Conference Room, to Ken Gilbert.
After 1:57 p.m., two additional bids were received, one of the
bids I date stamped and gave to the Deputy City Clerk, Dot
Vandaveer. The second bid was delivered to me while I was
taking a phone message at 2:00 p.m. At this time I date
stamped it in at 2:00 p.m. In the hurriedness of all that was
occurring, my reaction was to look at my wrist watch, which
read 2:00 p.m. Aside from all the confusion occurring, I felt
obligated to accept the bid at 2:00 p.m. in keeping with our
customer service goals. Following my receipt of the bid, my
intent was to quickly contact the Director of Public Works,
Ken Gilbert, in the conference room and advise him of receipt
of the additional bid. After setting the bid aside to contact
Ken Gilbert I received a telephone call which deferred me from
contacting Ken Gilbert. The Finance Officer, Wayne Boyer then
arrived to the left of me, picked up the bid envelope and
delivered it to the Director of Public Works in the Conference
Room.
cc: Ken Gilbert, Director of Public Works
Jaime Aguilera, Director of Community Development
M E M O R A N D U M
TO: Steven Kueny, City Manager 1
FROM: Dot Vandaveer, Deputy City Clerk UI
P Y Y
SUBJECT: Bid Opening Conducted 4/27/93 for Arroyo Vista
Community Park Community Building /Gymnasium
DATE: April 27, 1993
The sequence of events as I recall them surrounding the receipt of
bids for the subject bid opening is as follows.
1. At a couple of minutes before 2:00 p.m., I walked to the
front desk to retrieve bids that had been submitted for
the bid opening.
2. When I arrived at the front desk, Theresa Dillon was
standing beside Joyce Figueroa (receptionist) assisting
her with the stamp in of bids that had been submitted.
3. As I stood there waiting to receive them, another
gentleman brought in a bid and handed it to Joyce for
stamping with date and time. I noted that the time was
just 2:00 p.m. then as reflected by the clock on the wall
by the receptionist's station. The man expressed concern
about what time had been stamped on it. I looked at the
clock and assured him that he had submitted it on time.
4. Joyce stamped in this bid and marked it 2:00 p.m., which
was accurate according to the clock above the
receptionist's station.
5. Theresa Dillon then handed nine bids to me and I
proceeded to the conference room.
6. I unlocked the door and the bidders entered the room and
took their seats. Ken Gilbert joined us a moment later.
7. Ken announced the bid opening and before the first bid
was opened, Wayne Boyer stepped in the door and handed me
a bid that was stamped 2:00 p.m. I accepted the bid from
Wayne and placed it on the stack of bids to be opened.
8. I did hesitate at that time at the time notation because
so much time had passed since I had retrieved the bids
from the front desk, but since it was stamped 112:00 p.m."
I accepted the bid, thinking that perhaps the
receptionist had failed to provide them all to me when I
had taken them from her. (The phones were extremely busy
when I had been there, mail was being sorted, customers
were lined up waiting to be helped, etc., so it was
feasible that she had overlooked the package.) This was
all a consideration when I saw the time notation.
c: \wp51 \citycler \930427.01
CITY OF MOORPARK
INTEROFFICE MEMORANDUM
TO: Richard Hare, Deputy City Manager
FROM: Theresa L. Dillon, Administrative Secretary
DATE: April 27, 1993
SUBJECT: Time of Closing Bids
Near the closing of the Arroyo Vista Community Park bids I went to
the front counter to check how many bids had come in. I counted
eight and handed the bids to Dot. She took the bids and said the
bids were closed. At that time I looked at the clock on the wall
behind the receptionists desk and it read 2:00 pm. I looked down
at my watch and it read 1:58 pm.
As I walked away I noticed another gentleman walking in with what
looked like another bid. I had walked away, I don't know what
became of him.
Interoffice Memorandum
To : Richard Hare, Deputy City Managey
I
From : Wayne Boyer, Finance Of f icerL,�_4—
Date : April 27,1993
Subject Observation of Events of April 27,1993
From Approximately 1:57 PM to 2:07 PM
I had signed out for a one hour lunch beginning at 12:58 PM.
At approximately 1:30 PM, I went outside and sat down on the garden
wall left of the main City Hall entrance and read a paper.
I later looked at my watch and it was 1:57 PM. I arose and entered
City Hall and entered through the swing door near the restrooms. I
walked behind the front counter toward the receptionist area.
While walking behind the counter, I observed a man enter City Hall
carrying a large manila envelope. He proceeded to the front of the
receptionist area and stood in line behind a woman.
I then reached the aisle, made a left turn and returned to my
office. I checked the status of some financial reports and exited
my office to check the IBM 3812 printer in the aisle.
I looked at the receptionist area and noticed a large manila
envelope lying on the work area to the left of the receptionist. I
went over and asked if the envelope should be part of the bid
opening. The receptionist was on the telephone and verbally
acknowledged yes and said "thanks ".
I picked up the envelope, went to my office to obtain City Hall
entrance keys and went directly to the conference room.
The outer door was open and as I entered I observed the Deputy City
Clerk had a stack of manila envelopes. She was putting them on the
floor to the left of her chair.
I spoke her name once and she apparently did not hear me. I said
her name again, she turned around and I handed the envelope to
her. I then left the conference room and returned to my office.
I looked at my watch and it was 2:06 PM.
Res ectfully su24 fitted,
i
a LB er
Finance ff' er