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06-09-1978 MinutesL� 1 1 City of Salina, Kansas Special Meeting of the Board of Commissioners June 9, 1978 The Special Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, June 9, 1978, at eight o'clock A.M. for the purpose of receiving a report from Bucher and Willis, Architect, on the bids received June 5, 1978 for the construction of a ballfield complex in Lower Indian Rock Park. There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Keith G. Duckers Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None Mr. Shelby Willis, said Bucher and Willis would like to take the job at the engineer's estimate, but after a meeting with Larry and Norris, there is apparently no legal way to do that based on last Monday's bid opening. Mr. Willis gave the City Commissioners five options to consider: 1. Reject all the bids and readvertise for at least 2 weeks to attract out of town bidders. It is my conviction that if we had had at least one out of town bidder, this wouldn't have happened. Away from Salina, Kansas, we are accustomed to bidding with one contractor, we do it all the time, and it was obvious, the contractors during the bidding period call in and ask who have plans out, and that is public information. We even send out a list if they ask for it of everybody who has plans out. So it was obvious last Thursday or Friday that there no out of town contractors going to bid this job. That is one option. That won't guarantee we would get bids within the estimate, but it would guarantee that we would get a lower set of bids. 2. Award the paving contract on June 12, Monday, and readvertise for the remainder of the work in one contract giving 2 weeks bidding time, again to attract new bidders. The paving contract was what was bid as Bid #2 and the bids were within the engineer's estimate and the contract documents were written to enable you to elect to award a contract on that one before or without awarding a contract on #1. Let me say you don't gain a whole lot by doing that because all of the work in that contract is contingent upon things that are constructed in Bid #1. It is basically the street paving and the parking lot items. 3. Reject all the bids and readvertise for a bid opening on June 16, next Friday. That would permit advertising Tuesday, Wednesday and Thursday, to satisfy the state law and do that with our eyes open recognizing we would plan not to change our estimate. The contractors probably wouldn't change their bids, it would mean a second rejection. That again satisfies Kansas law. You can quiz Larry on this point. Then after rejecting the bids next Friday, we would recommend that you enter into a construction management contract with Bucher and Willis and we will agree to you to build a job by hiring contractors, not doing any of the work ourselves. We would simply serve as construction rianagers and build the job for the Engineer's estimate that was given last Monday. Let me say that we would use several of the contractors that bid last Monday to do the work, and they have concurred that they would work on that basis, because in that role we would take the responsibility for having the job done on those dates. We would also control when they got a payday. Their contract wouldn't be directly with the city. 4. Readvertise the job in pieces, not as one contract. Readvertise as, I have listed the major items, and then we would make some decisions on two or three small items as to whether to include them with one of these contracts I will read or whether to handle them separately later on an individual basis. Readvertise with the grading contract all the things that are pertinent to grading, that would probably include the sewer lines and water lines, at least those that are within the road area; Landscaping, let that separately. There is a lot of seeding, there is a lot of tree and shrubbery planting. The building, there is a small building and it has to be plumbed and heated, let that as a separate contract; plumbing systems, we have a potable water system, we have an irrigation system, we have some thinking of putting the plumbing in the building in that contract so we would actually put together a plumbers contract, and open these on June 16th. In other words utilize the bidders that bid the job last week. Advertise for three successive days next week. We would hold out of that bid the fencing and backstops, and advertise them later. We learned at the end of the week last week that there is a manufactu that manufactures these backstops and it has one variation from what we had on the plans, ours on the plans showed to be 19'6" tall curved like they are and all and that conforms to some of the recent ones the city has put in here. This manufacturer makes it 20' tall, 6" higher, we could all accept that, so our thinking is to hold that out and revise the plans to meet his manufactured product, and we could attract a lower figure on that, and that one could be let at leisure, it is not in the critical path as far as getting the ball diamonds finished. Under that option 4 we would suggest you award the paving contract on June 12, and leave it out of that group of contracts. That would entail then having 5 contracts plus handling several individual items by separate contract. We object to that for the reasons that we have always in the past, but we would probably get that bid within the, or very near, the engineer's estimate that was read last Monday. Commissioner Simpson - But nobody would really be responsible for the overall project? Commissioner Duckers - The city would have to assume that responsibility Mr. Willis - We wouldn't even want to. We couldn't guarz-zr.tee it. It would be foolish for us to tell you that we would, because we have lost all of our levers. The only levers you have are liquidated damages and withholding contractor's pay, you know, and it is just hard to do. It doesn't say that you wouldn't get - on time. With cooperation it could work very well, but with any things appearing on horizon we wouldn't have any lever to turn around and move. Steve Jennings - I think also with that many contractors even if there is cooperation, the coordination of it gets difficult. 5. Award the paving contract on June 12th, readvertise for the remainder of the work in three or four separate contracts. In other words it is just a take off on the 4th one, but instead of doing it fast, for a bid opening next Friday, we would suggest that it be done with at least a two week advertisement period to attract other bidders. And that alternative the city would award 5 different contracts. Steve Jennings gave the following estimates for construction and for inspection and Engineering: Engineer's Estimate Option 1 Option 2 $469,826.00 $500,205.00+ $500,205.00- 12,000.00 11,978.00 14,669.00 $481,826.00 $512,183.00 $514,874.00 Option 3 $464,160.00 33,652.00 $497,813.00 Option 4 $500,205.00 20,210.00 $520,415.00 Option 5 $482,480.00 25,260.00 $507,74o.00 'er 137 The Commissioners and staff discussed the alternatives. Mayor Weisgerber asked Mr. Bengtson for his interpretation of Kansas Law regarding bidding and the power of the governing body to make the improvements within the estimated cost. Mr. Bengtson read from the Kansas Statutes - if no responsible bid shall be received within the estimate the governing body shall have the power to make said improvements within the estimated cost thereof, and shall further have the power to purchase as necessary tools, machinery, apparatus and employ the necessary labor, construct the necessary plants, and so forth in order to carry out the provisions of it. Commissioner Duckers asked Mr. Olson for his recommendation. Mr. Olson - Our recommendation would be to reject all bids and receive bids in packages and elect to accept any and all options. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to accept the recommendation of staff and reject all bids and readvertise in the combination of three and four, as recommended this morning, with bids to be received Friday, June 16, 1978, at 8:00 A.M. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson that the Special Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 9:03 A.M. D. L. Harrison, City Clerk G