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HomeMy WebLinkAbout1991-08-12 Council Packet - Special MeetingKenai City Council Special Meeting August 12, 1991 Ordinance No. 1449-91 Public Hearing PUBLIC MEETING NOTICE There will be a Special. City of Kenai Council Meeting on August 12, 1991. at 7:00 p.m. in the City Hall Council Chambers. The purpose of the meeting is as follows: 1. Ordinance No. 1449-91 - Public Hearing. 2. Consider passage of a resolution awarding a contract for construction of the Kenai Congregate Housing Project. 3. Consider passage of a resolution awarding an inspection contract for the Kenai Congregate Housing Project. The public is invited to attend and participate. Carol L. Freas City Clerk 8/7/91 sJ In s �����M �u AGENDA KENAI CITY COUNCIL - SPECIAL MEETING AUGUST 12, 1991 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval B. PUBLIC HEARINGS 1. Ordinance No. 1449-91 - Increasing Estimated Revenues and Appropriations by $1,380,000 for the Senior Citizen Congregate Housing Project. 2. Resolution No. 91-50 - Awarding a Contract for the Inspection/Construction Management to Livingston/Slone on the 40-Unit Kenai Congregate Housing and Site Work for a Not -to -Exceed Amount of $189,789 and on the FAA Road Improvement for a Not -to -Exceed Amount of $28,132. 3. Resolution No. 91-51 - Awarding a Contract for the Construction of Kenai Congregate Housing to Gaston & Associates for the Total Construction Amount of $3,806,513.00 Which Includes the 40-Unit Congregate Housing, Site Work, and FAA Road Improvements. C. NEW BUSINESS 1. Purchase Orders Exceeding $1,000 D. MAYOR'S REPORT AUGUST 12, 1991 SPECIAL COUNCIL MEETING CHANGES TO THE AGENDA ADD: Info-4, 8/9/91 letter from James D. Prill, Treasurer of Dawson Construction Company regarding the Congregate Housing Project bid award. Info-5, 8/12/91 C.R. Graves memorandum to Council regarding the compliance of bid documents. Info-6, 8/9/91 Thomas W. Livingston, Principal, Livingston/Slone recommending the award of the construction contract to Gaston & Associates. CHANGES TO THE CONSENT AGENDA None. MAYOR'S REPORT DISCUSSION None. Suggested by: Mayor Williams CITY OF KENAI ORDINANCE NO. 1449-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,380,000 FOR THE SENIOR CITIZEN CONGREGATE HOUSING PROJECT. WHEREAS, the City of Kenai has received two grants from the State of A:Laska totalling $3,800,000 for Senior Citizen Congregate Housing; and, WHEREAS, the City expects to soon receive a third grant in the amount of $1,380,000 for this purpose; and, WHEREAS, the FAA Road reconstruction to accommodate the Congregate Housing Facility was originally financed with airport money; and, WHEREAS, a favorable bic. on the project will. allow the entire project, including road reconstruction and land purchase, to be paid from State grant funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, A1.ASKA, that estimated revenues and appropriations be increased as follows: FAA Road, Water & Sewer Improvements Increase <Decrease> Estimated Revenues: Transfer- from Airport State Housing Grant 43 Increase Appropriations: Inspection Construction Senior Citizen Congregate Housing Increase Estimated Revenues: State Housing Grant #3 Increase <:Dec:rease> Appropriations: Design Inspect i.on Constr:ctiori Land $ <147,000> 310,000 $ 163,000 $ 16,132 146,868 $ 163,000 $ 1,070,000 $ <124,000> 89,789 829,711 274,500 $ 1,070,000 6,1 Ordinance No. 1449-91 Page Two Airport Land Sale Trust Fund (Memo Only) Increase Estimated Revenues: Land Sales $ 274,500 Increase Appropriations: Reserved Fund Balance $ 274,500 PASSED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, this 12th day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 7, 1991 Adopted: August 12, 1991 Effective: August 12, 1991 Approved by Finance:_ (8/7/91) kl 1791-1991 CITY OF KENAI „ Dd Capdal 4 4"" f f 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Kenai City Council FROM: Charles A. Brown, Finance Director ,�, cq DATE: August 8, 1991_ SUBJECT: Appropriating Ordinance, Congregate Housing Ordinance No. 1449-91, as introduced on August 7, 1991, used State grant funds to purchase the land and reconstruct FAA Road, including water and sewer improvements. The entire project would be financed with grant funds. Assuming no material change orders or cost overruns, this would probably leave about $550,000 or more of grant finds unused at complet-cn of the project. This could be used to f•irnish the common areas and a manager's office, furnish apartments, add more headbolt heaters, add covered parking, landscape, do interior decorating, upgrade materials and appliances in apartments, or expand t}ie number of units. Based upon comments made at the August 7, 1991 council meeting, I a:>sume that two possible amendments are being considered. Proposed Substitute #1 would change the introduced ordinance by purchasing the land with General. Fund money. Assuming no material change orders or cost overruns, this would probably result in about $825,000 of unused grant funds at. completion of the project. Proposed Substitute 42 would change the introduced ordinance by purchasing the land wit; General Fund money and making road, water, avid sewer improvements with Airport money. Assuming no material change orders or cost overruns, this would result: in about $1,135,000 of unused grant funds at compLeti.on of the project. ! either of the two substitutes are adopted, it appears to me that tLe amount -1- unused grcint funds would be so large that it would be d.ff:icuit tc.:ruse the excess money for practical, necessary amenities. Ir this case, consideration should be given to expanding the number of units (at a -ate- date) or asking for a reappropriation for another purpose at some suture ,-.tate :egislative session. Proposed Substitute #1 (Land purchased by General Fund; all else financed by Grants) Suggested by: Mayor Williams CITY OF KENAI ORDINANCE NO. 1449-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,380,000 FOR THE SENIOR CITIZEN CONGREGATE HOUSING PROJECT. WHEREAS, the City of Kenai has received two grants from the State of Alaska totalling $3,800,30C for Senior Citizen Congregate Housing; and, WHEREAS, the City expect._, to soon receive a third grant in the amount of $1,380,000 for this purpose; and, WHEREAS, the FAA Road reconstruction and water and sewer improvements to accommodate the Congregate Housing Facility was originally financed with airport money; and, WHEREAS, a favorable bid on the project will ailow the project, including road reconstruction, to be paid from State grant funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as fo.lows: FAA Road, Water & Sewer Improvements Increase <Decrease> Estimated Revenues: Transfer. from Airport State Housing Grant #3 Increase Appropriations: Inspection Construction Senior Citizen Congregate Housing Increase Estimated Revenues: State Housing Grant #3 Increase <.Decrease> Appropriations: Design Inspec ;::>n Construction $ <147,000> 310,000 $ 163,000 $ 16,132 146,868 $ 163,000 $ 1,070,000 $ <124,000> 89,789 1,104,211 $ 1,070,000 Ordinance No. 1449-91 Page Two General Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 274,500 Increase Appropriations: Land Department - Land $ 274,500 Airport Land Sale Trust Fund (Memo Only) Increase Estimated Revenues: Land Sales $ 274,500 Increase Appropriations: Reserved Fund Balance $ 274,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 7, 1991 Adopted: Effective: Approved by F:inance:(fc�a_ (8/7/91) k Proposed Substitute #2 (Land purchased by General Fund; FAA Road, water, and sewer financed by Airport; all else financed by Grants Suggested by: Mayor Williams CITY OF KENAI ORDINANCI? NO. 1449-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,380,000 FOR THE SENIOR CITIZEN CONGREGATE HOUSING PROJECT. WHEREAS, the City of Kenai has received two grants from the State of Alaska totalling $3,800,000 for Senior Citizen Congregate Housing; an l , WHEREAS, the City expects to soon receive a third grant in the amount of $1,380,000 for this purpose; arid, WHEREAS, the rFAA Road reconstruction and water and sewer improvements to accommodate the Congregate Housing Facility are being financed with ai:'rport money; and, WHEREAS, a favorable bid or the project will allow the project, Less road reconstruction, water and sewer improvements, and land purchase, to be paid from State grant funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as fo !-lows: P'AA Road, Water & Sewer Improvements Increase Estimated Revenues: Transfer. from Airport Increase Appropriations: Inspect. -Ion Construction Senior Citizen Congregate Housing Increase Estimated Revenues: State Housing Grant #3 Increase ,Decrease> Appropriations: Design Inspect_,)n Ccnstr,lction $ 163,000 $ 16,132 146,868 $ 163,000 $ 1,380,000 $ c1224,000> 89,789 1,414,211 $ 1,380,000 Ordinance Ne. 1449-91 Page Two Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance $ 163,000 Increase Appropriations: Airport: Land - Transfers $ 163,000 General Fund Increase Estimated Revenues: Appropriation of Fund Balance 274,500 Increase Appropriations: Land Department - Land $ 274,500 Airport Land Sale Trust Fund (Memo Only) Increase Estimated Revenues: Land Sales 274,500 Increase Appropriations: Reserved Fund Balance $ 274,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 7, 1991 Adopted: Effective: Approved by Finance: (8/7/91) kl Suggested by: Administru,.-.. CITY OF KENAI RESOLUTION NO. 91-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE INSPECTION - CONSTRUCTION MANAGEMENT TO LIVINGSTON/SLONE ON THE 40 UNIT KENAI CONGREGATE HOUSING AND SITE WORK FOR A NOT -TO -EXCEED AMOUNT OF $189,789 AND ON THE FAA ROAD IMPROVEMENT FOR A NOT -TO -EXCEED AMOUNT OF $28,132. WHEREAS, the City of Kenai received the attached proposal from Livingston/Slone for this work; and WHEREAS, the award includes design review, project construction management, coordination, quality control, surveying, testing, quantity computations, and inspection services; and WHEREAS, sufficient funds are appropriated; and WHEREAS, the Kenai City Council feels that it is in the best interest of the City of Kenai to award this contract to Livingston/Slone. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for inspection - construction management to Livingston/Slone on the 40 unit Kenai Congregate Housing and site work for a not -to -exceed amount of $189,789, and on the FAA Road Improvement for a not -to -exceed amount of $28,132. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 12th day of August, 1991 JOHN WILLIAMS, MAYOR ATTEST: Carol Freas, City Clerk Approved by Finance: c° Written by Public Works: 'kv 8'8/91 lixQW11 BICENTENNIAL ji ye w,Z-a P t`- tW wigG a fa-& e MEMORANDUM TO: Kenai City Council FROM: Keith Kornelis, Public Works Director 4E DATE: August 2, 1991 SUBJECT: Conmizate Housing FOR: City Council meeting of August 7, 1991 CITY OF N C 210 Fidalgo Avenue — - - - Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 Since the construction bid opening is August 6, 1991 I will be hand carrying in to Council a report of the bids we receive for construction. As per Council instructions, no ordinance appropriating funds for the project are included in the Council packet. However, I understand the Mayor is planning on hand carrying in an ordinance. Attached is the proposed fees and expenses summary for Livingston/Slone to perform the inspection on the project. I believe that the City can perform the post occupation evaluation which takes place one year after complel Jon. If the Council would like a more detailed breakdown of the costs I will have it at the Council meeting. Therefore, the cost for inspection would be $189,789 for the Congregate Housing and $28 132 for the road, water and sewer improvements. The award of the inspection contract is also contingent on the appropriation ordinance which has not yet been introduced by Council. I am just making the Council aware of this cost should the mayor wish to hand carry in an appropriation ordinance. KK/kv A&E CONSTSRUCTION ADMINISTRATION PROPOSED FEES & EXPENSES KENAI CONGREGATE HOUSING PROJECT Date: July 12, 1991 Job No.: 9017.00 LIVINGSTON SLONE, Inc. Hourly Basis SERVICES SUMMARY POST IN -OFFICE ON -SITE AS-BUILTS OCC. EVAL. Architectual 63,924 17,100 8,400 1,500 Structural 4,207 27,450 2,438 1,725 Civil Building Site 977 19,389 391 268 Mechanical 8,625 5,750 5,750 1,898 Electrical 7 820 5,750 4,830 1,898 85,553 75,439) C21,809D 7,289 Time & Expense RLIMBURSIBLES SUMMARY POST Basis IN -OFFICE ON -SITE; AS-BUILTS OCC. EVAL. Architectual 1,848 2,653 250 146 Structural 61 52 206 0 Civil Building Site 61 52 150 0 Mechanical 61 588 206 162 Electrical 6 588 206 162 ,03 3,933 ,O1 470 WATER, SEWER & ROAD RELOCATION PROJECT SERVICES SUMMARY POST IN -OFFICE ON -SITE AS-BUILTS OCC. EVAL. Civil 1,430 25,997 1 490 342 REIMBURSIBLF,S SUMMARY POST IN -OFFICE ON -SITE AS-BUILTS OCC. EVAL. Civil <61 52,) 1071) 0 1,491 26,049 592 342 s f 82, So i -- 6 v6e f /ra9f ;271 7/7 a1:5- Cc 0 cc I CO Q Q U N O O O M to N r 0 co O O Q CO O O N il 14% QH F tY N tG N N LA N LO u v 'DER ER Y O cD O O N a o c°� cm w r M CVLo W O N Ld g; t O ar = M Ln CO O N m cc cc c O E F a o � I I I C)i �� �� � U Co N �1 y C X X X x X N �3XC X m 12 m LU Qm F E in L I I I a) I �I �I @)=cv w e S �I a� Q U) X E O� Z O o co r� 0 2 y C a �`' c�Q rn - M CD Z ° Uin v cR x r °� a� 0. a E D g' .52 'E > �' 3,pp In y hi � �T N — Q. cc N LD ca LL U cc � -D U 'o Q r2 a. c9 cc fn O C to v) C 4W z t N04 r n N F 00 e! r N N r Os r to O Ln in ppp •� t O QO N O n aW W Z O O O p K .� C.) C Hl 49 N In O M U"C N N T rr m t r U) > 3 m t � m ul Cn U) N z x > > t t r T) c z I�� CC U) T N a � °a m ca a a)w M > m (D 0 rn z Q m E m c a E �. M M a. 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C / /Z ro Gt11� 0 IAIC"C 6111,91 /CC , /7-15, 550, 3 50, -9e6 5, 0 Ass o ® MECHANICAL ANZ ELEC?AICA, GONSUITINGENCa1NEE:iS June 13, 1991 M uROVE JUN 171991 Livingston -Slone, Inc. 3900 Arctic Blvd. Anchorage, AK 99503 ATTENTION: Tom Livingston Dear Tom: LIVINGSTON SL�)NE INC REFERENCE: Kenai Congregate Facility Mechanical/Electrical Fees for Construction Phase Services We have prepared a construction administration fee proposal based on the criteria you outlined and the contract language. Our proposal is presented as a lump sum fee. If the Owner wishes to negotiate a cost plus expenses basis fee proposal instead, we presented those figures as well. The fees are as listed below: Mechanical Mechanical Electrical Electrical Lump Sum Not to Exceed Lump Sum Not to Exceed Office: Labor $7,070 $7,500 $6,140 $6,800 Reimbursables 53 65 5 8 Draft As -Built:: Labor 4,260 5,000 3,720 4,200 Reimbursables 179 200 179 200 4 Site Visits Labor 4,580 5,000 4,580 5,000 Reimbursables 511 600 511 600 Post Occupancy Visit: Labor 1,500 1,650 1,500 1,650 Reimbursables 141 175 141 175 TOTAL $18,294 $20,190 $16,776 $18,633 Tom Livingston June 13, 1991 Page 2 We provided detailed breakouts of our lump sum fees so you can examine our assumptions. We estimated the Nat -To -Exceed (NTE) rates as slightly higher, since we do not wish to risk added cost if we cannot share in potential savings for efficiency. Please advise if you wish us to proceed by signing below and returning a signed copy to our office. Very truly yours, S Richard S. Armstrong, P.E. Principal Engineer emj 91-383 Accepted by: Tom Livingston, Livingston -Slone client: LIVINGSTONE SLONE, INC project: KENAI CONGREGATE • • • •Rates effective June 1, 1991 • • • • date: a/11 /91 CONSTRUCTION ADMIN PHASE MECHANICAL FEE PROPOSAL task 1: task 2: task 3: OFFICE TIME DRAFT FIELD SITE DCVR'S AS-BUILTS VISITS - 4 EACH SUBMITTALS DRAFTING ONLY AND REPORT MEETINGS OF FINDINGS CLASS' :- fM M .:. ; 0UANT FEE : :. : OUANT: > . -; FEE IZUANT. FEE TOTAL Principal Mechanical $105.00 30.0 $3,150 4.0 $420 12.0 $1,260 $4,830 Engineer Principal Electrical $105.00 Engineer Senior Engineer $90.00 12.0 $1,080 $1,080 Project Engineer $70.00 8.0 $560 $560 Staff Engineer $60.00 Senior Designer $70.00 Designer $60.00 44.0 $2,640 20 $1,200 24.0 $1,440 $5,280 CAD $50.00 8.0 $400 40.0 $2,000 $2,400 Technician Specifications $40.00 8.0 $320 16.0 $640 20.0 $800 $1,760 Typist/Clerical Labor Total $7,070 $4,260 $4,580 $15,9 40 mylar/prints $15.00 10.0 $150 $150 film ,& processing $15.00 airline travel $100..00 4.0 $400 $400 (round trip) overnight lodging per diem $150.00 0.3 $45 $45 taxicab/parking $8.00 4.0 $32 $32 long distance calls $1.00 50.0 $50 20.0 $20 10.0 $10 $80 Reimbursables Subtotal $50 $170 $487 $707 5% contingency $3 $9 $24 $35 Reimbursables Total $53 $179 $511 $742 TASK TOTALS $7,123 $4,439 $5,091 SHEET TOTAL $16765 -21 KENAIME.XLS client: LIVINGSTONE SLONE, INC project: KENAI CONGREGATE date: 6/11 /91 CONSTRUCTION ADMIN PHASE ELECTRICAL FEE PROPOSAL task 4: task 5: task 6: OFFICE TIME DRAFT FIELD SITE DCVR'S AS-BUILTS VISITS - 4 EACH SUBMITTALS DRAFTING ONLY AND REPORT MEETINGS OF FINDINGS CLASS ,•, ::;. RATE ' alUANT...; ;: FEE <. QUANT :... FEE .::> iOUANT . : FEE -: TOTAL Principal Mechanical $105.00 Engineer Principal Electrical $105.00 24.0 $2,521) 4.0 $420 12.0 $1,260 $4,200 Engineer Senior Engineer $90.00 Project Engineer $70.00 8.0 $5613 12.0 $840 $1,400 Staff Engineer $60.00 Senior Designer $70.00 36.0 $2,5213 16.0 $1,120 24.0 $1,680 $5,:320 Designer $60.00 CAD $50.00 6.0 $30) 34.0 $1,700 $2,000 Technician Specifications $40.00 6.0 $2413 12.0 $480 20.0 $800 $1,520 Typist/Clerical Labor Total $6,140 $3,720 $4,580 $14,440 mylar/prints $15.00 10.0 $150 $150 film & processing $15.00 airline travel $100.00 4.0 $400 $400 (round trip) overnight lodging per diem $150.00 0.3 $45 .S45 taxicab/parking $8.00 4.0 $32 $32 long distance calls $1.00 5.0 $5 20.0 $20 10.0 $10 $35 Reimbursables Subtotal $5 $170 $487 $662 5% contingency $0 $9 $24 $33 Reimbursables Total $5 $179 $511 $695 TASK TOTALS $6,145 $3,899 $5,091 SHEET TOTAL $15,135 KENAIME.XLS GRAND TOTAL $31,787 . dent: LIVINGSTONE SLONE, INC project: KENAI CONGREGATE ""Rates effective June 1, 1991 ••'• date: 6/11 /91 task 7 task 8 POST OCCUPANCY POST OCCUPANCY EVALUATION EVALUATION IN 1992 IN 1992 ELECTRICAL MECHANICAL iCLASS .:;;RATE . GUANT. .:.#EE :: QUANT.>.. ' aPEE . <:>> OUANT. .,; ICE . TOTALS Principal Mechanical $110.00 12.0 $1,320 $1,320 Engineer Principal Electrical $110.00 12.0 $1,320 $1,3 20 Engineer Senior Engineer $90.00 Project Engineer $70.00 Statf Engineer $63.00 Senior Designer $70.00 Designer $60.00 CAD Technician $50.00 Specifications $45.00 4.0 $180 4.0 $180 $360 Typist/Clerical Labor Total $1,500 $1,500 $3,000 mylar/prints $6.00 film & processing $15.00 airline travel $120.00 1.0 $120 1.0 $120 $ ,' 40 (round trip) overnight lodging $90.00 per diem $45.00 0.1 $5 0.1 $5 $9 taxicab/parking $10.00 1.0 $10 1.0 $10 $120 long distance calls $1.00 Reimbursables Subtotal $135 $135 $769 5% contingency $7 $7 513 Reimbursables Total $141 $141 $2.82 TASK TOTALS $1,641 $1,641 GRAND TOTAL 83,2.82 KENAI2.XLS xn-site testing of soil gradations and compaction, concrete and trout sampling and testing, and asphalt pavement control sampling and testing shall be performed by and paid for by the owner."-4 Prequalification of materials; for incoporation into the pro ect ) shall be provided and paid for by the Contractor. The Contractor shall be required to employ an Alaska Licensed Professional Surveyor who shall layout the Building corners under the surveyors' direct supervision. Upon completion of the project, the Surveyor shall prepare and submit a horizontal as - built drawing conforming to the requirements of the Building Permit and Ordinances of the City of Kenai for all construction within proposed lots 2B and 3, Spur subdivision, Senior Citizen Addition. The Contractor shall layout all construction within the Building Outline. , The Owner will provide control stakes for construction outside of 'the Building Outline to the extent described in the Technical Provisions. It shall be the responsibility of the Contractor to transfer such information to -the grade. *tjoV 16 P'." v L �;,/� VLF S�.: ilk qA ``�+ AdJ, �tYl -- :• 1Z f 'Et40 LT 4 0 �+VLS G o "T%? p l ST. 16 N%\S, c � ."S-Z S "? o A; NC>� 7-4- l . l X h,77 442-7 GAS ' '�f"op..L �'o •.- �(c 1`�'S ��� emu' Mks.. posT- �)cc . J 1T o ko 10c� . Oyu �Y\tv M�sG 'Cz' vv- L: c 1 C� �6Vt%-Z GC-L e.> -%I e� c i� hv- S LN 4 `t 9 *� o - Ck 'T/e worz►,�� &-�% 1-51 ,. "� 1 r v s, "10C)+ -Sso Y Ca -7 o r tvk a.), vs. Z. V, 5 c2i- -,> 35 *.d N I NCL-CORTHELL-6RY SON SCHEDULES OF RATES AND CHARGES FOR ENGINEERING SERVICES EF!'ECTIVE JANUARY 1, 1991 Engineer VII 80.00 Engineer V1 7D.00 Engineer Iv 55.00 Engineer 111 45.00 Draftsman 35.00 Typist (Reports and Specifications Only) 35.00 CAD System (in addition to operator) 15.00 $UbQQNSULX&NTfis Engineering, Surveying, Drafting, etc. Subcontract cost plus lot 1. Automobile travel for trips to points in excess of five, milos from office, at the rate of $0.40 per mile both ways. 2. ACtuaI cost of airline, charter, train, bus or cat) fare or auto rental. 'J. Actual Cost of subsistence and lodging. 4. Actual cost of long-distance telephone calla, telegrams, freight and express charges, and postage other than ordinary first-clai,s. 5. Actual cost of materials required for the job and used in survey- ing, printing and reproduction costs. 6. Actual cost of special tests and services for special consult- ants. To the total amount- of Items 2 through 6 above, an amount of ten percent (lot) shall be added for administrative and overhead costs. * Engineering classifications shown correspond to ASCE grades. ** Rates for projects which require 120 hours or more of Engiiieer- clasaified position time are subject to prior negotiation. Special rates shall apply only if negotiated prior to the start of the project. Sri d 1 •' 1 V w,ewxrx Ci i/ Y./ 1 .4 i C j► n b-- s ! E,4 1, cw,$)m Poor -Oct %m IG 1366C) 230 %CID z.C> �l5-00 �3l 174 5 C7 77 r 6, g60 33 4 2 33 19 4C Cs rr� . r 24-3 '2 z G p�v '42.� 'Z�I7 ( ROAD lzjw] , �4,�w dr gr Torc�c..- 6880 0, 35-6 2 S`aD 2 030 '74, n Suggested by: Public Works CITY OF KENAI RESOLUTION NO. 91-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF KENAI CONGREGATE HOUSING TO GASTON & ASSOCIATES FOR THE TOTAL CONSTRUCTION AMOUNT OF $3,806,513.00 WHICH INCLUDES THE 40 UNIT CONGREGATE HOUSING, SITE WORK, AND FAA ROAD IMPROVEMENTS. WHEREAS, the following bids were received on August 6, 1991 for the above referenced project, and BIDDER CONGREGATE HOUSING & FAA ROAD TOTAL _ SITE WORK (Basic + A) (Schedule B) BID GASTON & ASSOCIATES 3,623,350.80 183,162.20 3,806,513.00 DAWSON CONSTRUCTION 3,888,711.50 215,343.35 4,104,054.85 G & S CONSTRUCTION 4,01 7,154.77 188,400.65 4,205,555.42 WHEREAS, the City of Kenai has received three (3) grants to fund this project, and WHEREAS, the recommendation from Livingston/Slone, the project design consultant, and the Public Works Department is to award the contract to Gaston and Associates for the 40 unit Congregate Housing (Basic Bid), site work (Schedule A), and FAA Road improvements (Schedule B), for the total construction cost of $3,806,513.00, and WHEREAS, the Council of the City of Kenai has determined that Gaston and Associate's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the Kenai Congregate Housing be awarded to Gaston and Associates for the total construction amount of $3,806,513.00 which includes the 40 unit Congregate Housing (Basic Bid), site work (Schedule A), and FAA Road improvements (Schedule B), PASSED BY THE COUNCIL OF THE C:ITY" OF KENAI, ALASKA this 12th of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: G Written by Public. Works: 6W /kv 8/8/91 I AW i V I I BICENTENNIAL, MEMORANDUM TO: Mayor Williams and City Council FROM: Keith Kornelis, Public Works Director DATE: August 7, 1991 SUBJECT: Congegate Housing CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 We opened bids on the Congregate Housing Project on August 6, 1991 at 2:00 p.m. Attachment A is a summary of the bids that we received on the project. The apparent low bidder is Gaston and Associates, from Anchorage. The next lowest bidder is Dawson Construction, from Bellingham, Washington. Gaston's total bid was $3,806,513. As you can see from Attachment B the most recent cost estimate from the Architect was $5,166,262. Therefore, the low bid came in $1,3.59,749 below the Architects subconsultants, HMS, estimate. A few items that I think are not a problem but have been pointed out by others: 1. In the Instructions to Bidders, (which I wrote over 7 years ago), I asked for a Contractor's Questionnaire to be included in the bid proposal. In the Bid Form and in the Notice of Award Form, it gives the contractor 10 days after the notice of award to submit their Contractor's Qualification Statement. Gaston and Associates did not submit a Contractors Questionnaire with their bid proposal. The administrations position is that the contractor can do either one or the other in submitting the statement. 2. The Bid Form asks for a list of subcontractors to be submitted with the bid. Gaston & Associates did submit one with their bid. At the pre -bid conference I was asked if the City was going to hold the general contractor to using the list of subcontractors that he submits with his bid. My answer was no, that the list is for informational purposes so the owner will have an idea of who will be doing what work. I also mentioned that the Page 2 Council Memo 8/7/91 City would work with the contractor if there was a problem. Gaston submitted Norm's Plumbing and Heating_as their mechanical subcontractor. Sam Gaston called me and told me that Norm's Plumbing and Heating did not include the fire sprinklers as part of his bid and Gaston mistakenly thought the did. According to Sam Gaston, Redoubt Plumbing's subcontract bid was around $22,000 higher but did include the sprinkler system. Gaston has requested to change to Redoubt Plumbing as their mechanical subcontractor. I have no problem with this request and plan on approving it. The additional $22,000 will have to be paid for by Gaston and Associates and Sam Gaston has no problem with that. If Gaston had in the beginning realized that Norm's Plumbing had not included the fire sprinkler system they would have gone with Redoubt Plumbing and it would have cost the City $22,000 more money. See attachment C. 3. Union representatives have been calling and coming to the office frequently since the bid opening protesting the bid. Gaston and Associates are non -union and the comments I've received were that non -locals would be working on the job. When I mentioned that to Sam Gaston he said Lee Pederson, who use to live in Soldotna, would be involved in running the job and that they did not include any room and board for out of the area people in their bid. The bids that we received were tremendously lower than we anticipated. Attachment D is an over all summary of the finances on this project. Ordinance No. 1449-91, which the Mayor is hand carrying into Council tonight (8/7/91), will appropriate the remaining $1,380,000 grant that we received from the State. It will also take the $147,000 that was earlier appropriated from Airport funds and return it to the Airport fund. Therefore, State grant funds will be used to build the FAA road ($310,000) and purchase the Airport lands ($274,500) which the Congregate Housing will be built on. The Mayor plans to ask the Council to introduce Ordinance 1449-91 tonight (8/7/91). He also plans to ask for a special Council meeting on Monday, August 12, 1991 to adopt the ordinance. The agenda for that special meeting should include: L Adoption of Ordinance 1449-91. 2. Resolution awarding construction contract to Gaston and Associates. 3. Resolution awarding the inspection contract to Livingston/Slone. 4. Purchase orders over $1,000 which would need Council approval: Utility line relocations and new services. K K/ kv B I CENT E N N I A L l fiaye "Zta fast= L'ity" m0"a iaii "ate! BIDDER GASTON & ASSOCIATES DAWSON CONSTRUCTION G&.S CONSTRUCTION CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 CONGREGATE HOUSING CONSTRUCTION BIDS BID OPENING - AUGUST 6, 1991 (& 2:00 P.M. CONGREGATE HOUSING & SITE WORK 3,623,350.80 3,888,711.50 4,017,154.77 ATTACHMENT A FAA ROAD T O T A L BID 183,162.20 3,806,5 13. 00 215,343.35 4,104,054.85 188,400.65 4,205,555.42 j 5�,�-f"+t,�rfic�Y f�j � ��� ��� c�- � k"y���-�,';� -j� _ - ��.�"�'��;K?�5�^r_•t�sf;�j��. • _ ��;ay W� Es CxASTON& AssocIATES, INC. GENERAL CONTRACTORS 8511 Hartzell Road Anchorage, Alaska 99507 Contractor's License #A13750 Fax 007) 3,19-8691 Phone (907) 344.1717 AUGUST 7, 1991 CITY OF KENAI 210 l= I DALGO STREET KENAI, ALASKA 99611 REFERENCE KENAI CONGRIOATE HOUSING SUBJECT; SUBCONTRACTOR CHANGE DEAR KEITH: PER OUR CONVERSATION, THIS IS TO CONFIRM THAT WE LISTED NORM'S PLUMBING AND HEATING AS OUR MECHANICAL SUBCONTRACTOR. HOWEVER, NORM'S EXCLUDED FIRE SPRINKLERS WHICH WE MISSED. THIS ITEM ;S WORTH APPROXIMATELY S100,000. WE WILL THEREFORE NEED TO USE REDOUBT PLUMBING INSTEAD OF' NORM'S. IF THIS IS NOT ACCEPTABLE, THEN WE WILL NEED TO DECLARE ERROR, WE REGRET THE INADVERTENT ERROR, HOWEVER THIS IS AN INFORMALITY AND THE SUBCOtTRACTOR IS STILL LOCAL. WE DID NOT SEE WHERE.THE CONTRACTOR'S QUESTIONNAIRE WAS REQUIRED WITH BIC? NOR 00 WE FEEL THAT IS WAS SINCE THE BID FORM STATES THAT ET IS REQUIRED WITHIN 10 DAYS AFTER NOTICE OF AWARD, IF YOU HAVE ANY QUESTIONS, PLEASE CALL. ME OR t_EE PEOERSON AT 344- 1717. SINCE ELY, AM GASTON PRESIDENT PWP SAM KENAI HOUSING ATTACHMENT C W H a W a to a O U H P4 CD z 1-i dl w W E L W C9 z C c a) tr O O N N O CO Z3 O O M %O 0 �O Lr) Lr) r-I '-i h CO 00 M O M v N CO r- N z i N 00 d' M �O Ri , I 00 O r�I a � � �a 4 + + w O a) 0) O O 0 O On LO O O W '� r1 N O Ei M W 4J 1 a) 0 O O rn H O O H ty) O O O O Un to O r-i O Ln O t` M M O r- LO d l0 j 01 M ri O d Oa 3 N N � kr H PC Q) I z M w E w O u rn c 01, O O c0 r-I c ri d Lr) z ;I, H H d' �7 t71 f W r- V c0 N L i cc 0 'U� + + + O W I E a 4-) C9 O U 0 O 0 - O I O O o 00 - O 'c o Ic W Ln 0 o Ln c Lf) o c O i M I z U H O U H U W G� W U) Lo �D a w z a z ca ti H Q a H o w w o N 00 a U UE~ H Ia z � w + 0000 Ei0000 0000 0000 c9 0 0 00 00 M Ln (Y) H a a' M ri In E4 E-L � O M D O Z*6 O 0z 0 �� �' r-I �• N 0 - > O ri Oqt� O E+ O z l7 PURCFASE ORDEE ------------- C1TY OF KENA1 [WHI 'E VENDOR ' 210 FIDALGO ST. PHONE 283.7538 GOB )ENROD :ACCOUNTING '-QNAPY ACC 7UNTING KEN,AI, ALASKA 99611 E SHIPPINI.-"& RECEIVLNC �_ PEEN - APPROVED COPY ;PINK REQUISPIONER VENDOR NO ___— 7 — Homer Electric Association TO 280 Fairport Way Kenai., AK 99611 SHIP VIA. BY 7 I THIS NUN, ALL, RELf CHASE No. Dora 8/8/91 ALIDER" DATE E O h PREPAY I,HIPPING CHARGE 7fR QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED AN)VE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGE',4 TEM NO DESCRIPT40N OR ARTICLE Q�ANniv ORDERED UNIT UNIT PRICE OMOUNT Utility line relocation and new service for Senior Center and Congregate Housing F,stimate `101000 TOTAL 5f),000.( DEPARTMENT congregate housing B Y AA OE ARTMENi HFAO For Council Approval August 12, 1991 1. 2. 3. INFORMATION ITEMS KENAI CITY COUNCIL SPECIAL MEETING August 12, 1991 8/6/91 Phillip A. Thingstad, President, Western Alaska Building Trades letter regarding protest to Gaston being awarded the Congregate Housing bid. 8/7/91 Phillip A. Thingstad, President, Western Alaska Building Trades letter regarding bid requirements of the Congregate Housing Project bid 8/8/91 Phil Thingstad, President, Western Alaska Building Trades :letter regarding Gaston additional errors in the Congregate Housing Project bid (with attachments). O`NG w CONSrgGC e�` 1�.ucrioM '�ti O � • ui � ' s � v pC in � � ;• n t as �j� °i Noos,o•• `q0 o rf1. 1a °P rh, 6316 Q• PHIL THINGSTAD President August 6, 1991 WESTERN ALASKA BUILDING & CONSTRUCTION TRADES COUNCIL AFL-CIO South of the 63rd Parallel 1818 W. Northern Lights, Ste. 104 Anc-)orage, Alaska 99517 1907)258-4766 1907)276-3533 RE: Kenai Congregate Housing Dear Mayor Williams, MATT GROSKIE Secretary Treasure I understand that the bid today came in well under the estimate, and that the project can now go forward. I also understand that the low bidder, Gaston and Associates, may have been nonresponsive with their bid in that they did not submit the Contractors Questionnaire at the bid opening as required. Please consider this as a protest to Gaston being awarded this bid as being nonresponsive We also believe that the contract should be awarded to Dawson Construction and the project go forward. Letter to follow - Sin rely, Phillip A. rhingst2 President Western Alaska Building Trades PAT/sh O'NG 6 CONS" eta S,��CilO,y t �O2 ytP `0+\DiPhliJh *�Q 9 Y Y fJ' T Q ♦ Ali o w v c N : % W sin � 0,` �P rh JUS10.•N `q� \� PHIL THINGSTAD President August 7, 1991 WESTERN ALASKA BUILDING & CONSTRUCTION TRADES COUNCIL AFL-CIO South of the 63rd Parallel 1818 W. Northern Lights, Ste. 104 Anchorage, Alaska 99517 (907) 258-4766 (907)276-3533 Mayor John Williams City of Kenai Please read at 210 Fidalgo Kenai, AK 99611 RE: Kenai Congregate Housing Dear Mayor Williams, �i the Cri �.� g i l� Xp#,e,t i n g MATT GROSKIE Secretary Treasurer tonight. In the bid documents for the above mentioned project, page B-8 clearly states "Items that are to be included in the bid proposal submitted to the City prior to the bid opening include: 1. Bid Proposal 2. Addendum Acknowledgment 3. Bid Bond (5% of bid) 4. Power of Attorney 5. Alaska Business and Contractors License *6. Contractors Questionnaire 7. Ce-rtification by Contractor of Subcontractor regarding E.E.O. 8. Tax Compliance Certificate 9. List of Subcontractors and their work. As Gaston and Associates did notcomply fully with this requirement, they should be declared nonresponsive and their bid set aside. It may seem a small item to some, but when a Public Entity deviates from it's own layout in a Public Bids document, it begins to set. aside the public trust necessary to run efficiently. 1 certainly hope that you and the City of Kenai are not willing to do that simply for the sake of a few dollars. Sincerely, Pham" l l ip % Tlhingstad President Western Alaska Building Trades PAT/ sh P►iIL THINGSI-AD WESTERN ALASKA BUILDING CONSTRUCTION TRADES COUNCIL AFL-CIO liojti, c? tt-,e 6310 Nlr"'V 161E. W Nor4'+r!n lights, S!e, l04 Anthora�C, Alaska 99517 (907) 266-4766 i%b7) 276 3533 ( I August.9, :191 ( Johr�''Wi,►3t'ama, Mayor Ci t,y of Xen�'l 23ti iid�(1go Konai, AY 90831 Ro : i.enai Congregate Housing De®r *Aayor W3 1 I iaros, Sy Sam aastop's own admtaeson, there are additional errors In hill bid. Plesso see his enclosed I e t t a r MATT GROSKIE Sscrctory- iremurf� lt,'seome now, at ;east to me, that there is no question gnat,0aston & Aaaov,Iatez' bid on ,this protect should be s,�t �t;ide as nonresponsive. It this were a state or federal job, hilt bid would not even have been opened. t,is .'. aat,ton st i t 1 has not given u comrnI trnont to IacaI hiss, tI@'has, said only that he will n'ot pay for housing for hir, Anchorage based hands. l oan, and will. Quara;,t.ee t 4s. I I certainly hope,.John, that you and, the City Council are willing 1.0 step tD the platb 'ond make your proper t;ecisaon as per your bid r'equiremonts. Sin rely, L ,S Phil Things ad Presidsnt Western Alar-Ya Buslding Trades PAT/we 8511 Harcxeil Road Anchorase, Alaska 99507 <:OnlraCtorl, Li<enie OA13750 Fax (907) 349•8691 Phono (907) 344.1717 AVOUe3T 7, tOPt 1 '1 CITY OF KE,NA I Zia Er 1 OALWI STRECT %I XENAI, ALASKA 99611 ' LL. REFIERENCe' KHNA I CONGREGATE HOV$ 1 NO 8VQJECT1 9UQCQNTRACTOR CHANGE GEAR 1491TH, PCR <SUR CONVERSATION, THIS 16 TO GONF 11ZM YHAT WE L I GTt50 NORM'S 04VNIS 1 NQ ANO HE:ATI Nt3 AS OUR MECHANICAL SUBCONTRACTOR. HOWEVER, NORM'S EXCLU0110 K I RF SPRINKLERS W14 I CH WE M 1 5$E0 . THIS ITEM 19 WORTH APPROX IMATCLY $t 00 , 000 . We WILL THEREPOR9 NE;gp TO USE; peC)OUBY PLQMB I-NG E NSTEAO Or NOAM' S . IF THIS 15 NOT ACCEPTAOL E , THEN WE_ WI L4 NEGO T Dta ARE ERROR, _ WI: REGRET THE IMAoVER*rENr E'()�R. HOWF-V 7H ! 5 IS AN I Nr4isMAL I TY ANt3 Th�E: SUBCONTRACTOR is STILL LOCAL. W,�' 010 NOT SCEs WHESa -THE CON7'RACTO19' S QVI~ ST I ONNA I RE WAS RE00 1 liCD 01 TH 010 NOS 00 WE; r= g t THAT IS WAS $ I NCI; rma u I Q roRm 5 rA fG,r, THAT IT 13 nrLOU I RCO WITHIN t O OAVS AF'TraR NOTICE OF AWARO . IF YOU HAVE ANY QUESTIONS, PLEASE CALL Mir CIA LEE P$L?EIRSON AT a44 - 1717. SINCG ELY, ,AM OASTON PnE910ENT FaWP S,oAM KerNA 1 Hc;VS I NG ATTA(-*1t`1E NT C 10 4 5 Ur ITE'll) DROTHERHOOL") OF 400 1919, '1." Curpe-lilers P. q. d Joinrll,5 of Amer;ce. (,OCAL UNION NO. i2si 407 OCNAt I G 33 ANCHOke',GK. ALASKA 1419501 Pax; 276-7962 PAOS I M I LE COVER SHEET 3 D a t 0 Pane �O r r Ora: Carponters Loca'I 1281 POY Number (907) 270-796Z Contact: To I ephone NO. /v � 6-1 I ti AAN30N C0X9MtfC aN CO. - P.O. Bar 309 - RQLII f W, MR. Phone (206) 734-81/ Pax (206) 734-8571 9 FAX TRANSKMAL l/ SENT To: ck'/�! GtJ �/ /�/'� FROM=�- CIT`/ DATE: FAX NUMBER: ?o 7) Z..B 3--3c)/Z Nimm of PAGES INCLUDING THIS FORH__±_ RE=-- h�vuC1'A1G- TRANSH T ED HEREWrfH ARE THE FOLLOWING = If there are any problems with transmission, contact the sender at (206) 734-8130. i ( ) For Approval ( ) For Review & Comment ( ) Approved ( ) For Response ( ) For Your Use ( ) As Requested ( ) Approved as Noted ( ) Copy to: _ _ Fax No. Copy to: Fax No. f=-rlf'1 LiF I'=�_if b_ P=.i . i__I, T[I 9-r7 01 j F'.E1c UAWSON CON 7,:?UC,;CV CC. P. O. BOX 309 BELLINGHAM, WA 9C227 0 206-734-8130 FAX (208) 734-8130 734-8571 AFTER 5 P_14 3 WEEKENDS WA. CONTRACTOR LICENSE NO, DA-WS-OC-C249RI AK, CONTRACTOR LICENSE NO. AA 000d August 9, 1991 AU Mayor John Williams City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: Kenai Congregate Housing Project Dear Mayor Williams: - We have been informed that the City of Kenai is considering awarding the contract for construction of the Kenai Congregate Housing Project to Gaston and - Associates, even though Gaston has qualified his bid due to an error, and even though Gaston failed to submit all required bid documents. In Gaston's August 7th letter to the City of Kenai, he places additional conditions on his bid which other bidders have not; i.e, either we are allowed to change our mechanical contractor or our bid price is no good. By allowing Gaston to change a named subcontractor prior to acceptance of his bid, you would be allowing him to correct his bid after the bid closing time, which is not a minor informality. At the pre -bid meeting, Mr. Keith Kornelis did mention that the City had some discretionary power in deciding whether a named subcontractor could be changed. Examples given at that time were for such things as a subcontractor who could not perform. However, allowing Gaston to change a named subcontractor, prior to acceptance of his bid, and due to an admitted error in Gaston's bid, is the same as allowing Gaston to raise his bid price. Furthermore, Gaston's bid should ;be considered non -responsive because of their failure to submit the Contractor's Questionnaire. Section d. of Article 1.2, Instructions to Bidders, states "The Bidder shall complete the attached Contractor's Questionnaire and submit it with his bid." Section g. of the Instructions to Bidders lists items that are to be included in the bid proposal prior to the bid opening. Included in that list is the Contractor's Questionnaire. -�N EOUAL OPPORTUNITY EMPLOYER August 9, 1991 Mayor John Williams City of Kenai Is the City of Kenai willing to allow a precedent to be set Which says it is acceptable for bidders to the City of Kenai to qualify their bids after bid time, that it is acceptable to omit forme required by the bidding instructions, and it is even acceptable to change your bid after bid time? Under the circumstances, we believe that Gaston and Associates' bid should be declared non -responsive, due to the fact that their bid has additional conditions placed on it, and that their bid did not contain all the required bid documents. • A Sincerely, Dawson Constructi pany Jame D. Prill, Treasurer I_ i._++.. :1��..� F.I.. GASTON& AssociATrs 0 1 IV C. GENERAL CONTRACTORS 8511 Hartzell Road Anchorage, Alaska "507 Contractor's Licenst OA13750 Fax (907) 349.8691 Phone 007) 344.1717 AV4U8T 7, 1,001 CITY OF KGNAf 210 F I OALOO STREET KENA I , ALASKA 99011 REFERENCE' KENA I CONGnUOATC 14OV$ 1 NG SUBJECTi SU$CONTAACTOA CHAN06 DEAR KEITH: PER OUR CONVERSATION, TH 1 S IS TO CONI± I nM TNAY WE L I STE0 NOnm , S PLUMNING ANO HEATA NO AS OVA MECHANICAL SVBCONTRACTOR. HOWEVER, NORM'S EXCLUDED !FIRE SPR (N K L ERS W)j 1 CH WE M I SS£0 . YA I S ► TEM IS `. WQATH APPROX I MAYCLY 6 100 , 000 .. WE WILL THEA FOAL NCFCO TO VSE > REDOUBT PLUMB mo INSTEAD OF NORM' $ , f F THIS I $ NOT ACCEPTA13LE , *THEN W£ WI LI. NQBO TO OECLARE ERROR. WE ArOAET THE I NAOVEF TeNT , CR90R, k0W9V9R -TH 1 r 49 AN I Nr"(;AMAL I TY ANO THE SUBCONTRACTOR IS STILL LOGA6. WE 010 NOT SCE WHEnC .THe CONTRACTOR' t', OVEST I ONNA i RE WAS REQV I nef) WITH 8 t O NOR 00 WE FCCCL THAT 1 S WAS SINCE YH£i 910 FORM STATES THAT 1 Y It 11COU i REO WITHIN 10 DAYS AP TER NOTICE OF AWARD, IF YOU HAV9 ANY QV ST1QNa, PLEASE CALL ME OR LEE PCt)eRSON AT a44-• 1717. SING ELY, i AM GASTON PAEs I ocNT r PWP SAM KENAI HQV$INO ATTACHMENT C 1►�aIF%�1 G't aqe wDi a Pasi-- t a,& a line / MEMORANDUM TO: Councilmembers City of Kenai FROM:C/(6 Cary R. Graves, City Attorney !-��City of Kenai DATE: August 12, 1991 RE: CONGREGATE HOUSING BIDS /1u/n CITY OF KENAI / Cam 4 41a4w,,, 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 This department has been requested to issue an opinion whether the low bid on the Congregate Housing Project was in compliance with the bid instructions. The allegation of noncompliance is based on Gaston's failure to submit a Contractor's Questionnaire with the bid proposal. According to an August 7, 1991. memorandum from Public Works Director Keith Kornelis, the omission was due to contradictory instructions in the bid documents. The Instructions to Bidders asked for the Contractor's Questionnaire to be included in the bid proposal. However, the Bid Form and notice of Award Form state the contractor has ten days after the Notice of Award to submit the Contractor's Qualification Statement. According to Mr. Kornelis, the forms are the same. A contractor could reasonably rely on either instruction in preparing its bid proposal. Since the bid documents gave two methods of complying with the .instructions, it is my opinion that a bidder complying with either method would be in compliance with the bid instructions. Accordingly, regarding this particular issue, it is my opinion that if Gaston is awarded the contract, Gaston can comply with the bid instructions by submitting a Contractor's Qualification Statement within ten days after the Notice of Award. CRG/clf