Subject:       JULIAN STREET MEDIAN ISLAND IMPROVEMENTS (AT PELLIER PARK)

COUNCIL DISTRICT:  3

RECOMMENDATION

Report on bids, waiver of minor irregularity in the low bid and award of contract for the construction of the Julian Street Median Island Improvements (at Pellier Park) to the low bidder, Bamer Construction Company, Inc., in the amount of $124,200, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP01-11-204.

BACKGROUND

The Fallon Statue, a City public art commemoration, was commissioned in 1990 and consists of two bronze mounted U.S. cavalry horsemen and a flagpole and commemorates California’s independence.  The sculpture was originally scheduled to be installed on a median island located to the north of Plaza de Cesar Chavez.

In November 1990, the Historic Art Advisory Committee (HAAC), a Council appointed committee, reviewed alternative sites for the Fallon Statue and recommended that it be placed on the traffic island adjacent to Pellier Park. 

On April 18, 2000, the Council approved a recommendation from the Economic and Community Development Committee to install the Fallon Statue on the Julian Street Median Island adjacent to Pellier Park.

During Fiscal Year 2000-2001, the Redevelopment Agency and the Department of Transportation worked together to analyze proposed road alignment changes to Julian Street in the vicinity of Pellier Park to assure that its placement would not impede possible future re-alignment.

The scope of work for this proposed project includes construction of a concrete pedestal for the Fallon Statue and a commemorative plaque.   The company that is presently storing the Fallon Statue, Atthowe Fine Art Services, will be transporting and installing the statue under a separate Agreement.  Construction is scheduled to begin in June with completion in August/early September.

ANALYSIS

Bids were received on April 25, 2002 with the following results: 

The low bid submitted by Bamer Construction Co., Inc. in the amount of $124,200 is six percent below the Engineer’s Estimate. 

All bids must be accompanied by bid security, usually in the form of a bid bond, to guarantee that the bidder will sign the contract for the amount stated in its bid.  If the bidder fails to sign the contract the bid security is forfeited to the City. In review of the bid documents, staff discovered that the low bidder’s bid proposal included a bid bond that was less than ten percent of the total bid amount.  Their total bid proposal including Add Alternate Nos. 1 and 2 was $168,600, but their bid bond was $16,500, a shortage of $360.  The City’s standard specifications requires the bid bond to be ten percent of the total bid amount, including add alternates, For this project, staff recommends award of the base bid only in the amount of $124,200.  The bid bond is sufficient for award of the base bid and to cover the difference between the low bid and the second low bid in the event Bamer fails to execute the contract and award is made to the second low bidder.  It is unlikely that including the $360 in the bid bond would have affected the amount of Bamer’s bid. Staff recommends that Council waive this minor irregularity as the deviation from the specifications is inconsequential.

A contingency of 9.6 percent is requested for this project for any unforeseen conditions that may arise during the construction of this project.  The project budget is sufficient to accommodate the increased contingency.

PUBLIC OUTREACH

During the period when the HAAC issued its Report, a number of community meetings were held.  Since that time, HAAC- related items have been discussed at Public Art Committee and Arts Commission meetings.  To solicit contractors, this proposed project was listed on the City’s Internet Bid Line and advertised in the San Jose Mercury News and San Jose Post Record.  Bid packages for all Department of Public Works construction projects are routinely provided to a standard list of various contractor organizations, builder’s exchanges, and disadvantaged business organizations.

COORDINATION

This project and memo has been coordinated with the San Jose Redevelopment Agency, Departments of the Conventions, Arts, and Entertainment, Planning, Building and Code Enforcement and Transportation, and the Offices of the City Attorney, Risk Manager and Equality Assurance. 

COST IMPLICATIONS

 1.                   COST OF RECOMMENDATION:  $124,200

 2.                   COST OF PROJECT:

* Project Development costs consists of conceptual design concepts prepared in response to future road alignment proposals of Julian and Terraine Streets, and preparation and administration of Agreement with Atthowe Fine Art Services for the transport and installation of the Fallon Statue.

**Service Agreement Management consists of preparing and administering Agreement with Atthowe Fine Art Services for the transport and installation of the Fallon Statue and coordinating their work with Bamer Construction Company, Inc.

 3.                   SOURCE OF FUNDING:    450 – Redevelopment Agency Improvements

 4.                   ESTIMATED START DATE OF CONSTRUCTION:  June 2002

 5.                   ESTIMATED COMPLETION DATE OF CONSTRUCTION:  September 2002

BUDGET REFERENCE

CEQA

Exempt, PP01-11-204.

KATY ALLEN

Director, Public Works Department