93-44 Brechan Enterprises - Mission Road / Spruce Cape Water & Sewer Replacement ProjectKODIAK ISLAND BOROUGH
CONTRi,. r CHANGE ORDER
710 MILL BAY ROAD3-
KODIAK, ALASKA 99615
Contract No.
9`s-49 Change Order No. Z
Project Name, Number & Location
Amount of Contract & Change Orders
t1issioo-Spruce Ldp_ Rano, Water/Sewer fieplacerient
Original Contract 140 145.60
Kiist�ftw7S2 Kouiai., AK 99615
Previous Changes
Contractor
This Change s 057 u
Sr BGtrau Eritier'p rl SeS, lliC.
Adjusted Contract
IU hull La`. Road, KouiaK, AK 99615
Description of Change
Cost
inis is the rleL overrun on tnis pro„ec't as a result
of U,joitiona-1
pageorent rcquirements unser Bid items 2.111 anu s.U6
cue to changed perwic
COLLI t'Ions uy AIUUI ti PF aau due to audiatonal pavel%Ti,
replacement un
Niissioii Rcau us a resu'l: of weisting eeteriateu pavemernL
conditions whiCil
trete tmpac4:du j*, 0,Js pruject dnd were requireu 'cc
be replace(, under this
Project-.
3,U57.uu
The time provided for completion of the contract is (unchanged) (ri M661 f iJ66 4!ltrWa by calendar days. This document shall
become an amendment to the contract and all provisions the contract will apply thereto
Accepted By:
Date
---CeMr&ctor's Representative
Recommended:
Date
Facility Coordinator
Approved By:
Date
Contracting Officer
Copies: Original to Facility Coordinator ^"'"""K-6;' A;"'"'"""""
Canary to Contractor
Pink to Project Inspector
9 -.lam .i./
Gupiaa: vnginai Io racirny Voorchnator
Canary to Contractor
Pink to Project Inspector
KODIAK ISLAND BOROUGH
CONTRACT
CHANGE ORDER
BOX 1246
KODIAK, ALASKA 99615
`----'*
Contract No.
Change Order No
Project Name, Number & Location
Amount of Contract & Change Orders
Original Contract
H:6VJ -i JC hUv 1Qi�, I\ ..7t71J
Previous Changes `
Contractor
This Change -Q _
ti C;G i.:i• .CEi'NY1 iicS� th ,
Adjusted Contract ,•.
.f �� rii i i5 is EuaC, nGe- .(:, �-. i. .;Su.$
Description of Change
Cost
;bh Ui
r:ity si, i9�11.
-
The time provided for completion of the contract i i laifdi,!11:g!!rll (increased) by
i �/ calendar days. This document shall
become an amendment to the contract and all provisions of the contract will apply thereto
Accepted By:_^�� <-,__ Date
ConNaeter's Representative
i
Recommended: Date
i c
Facility �ogrdin toY
1
Approved By:Date
✓ f = r' �; 2
Contracting Officer
Gupiaa: vnginai Io racirny Voorchnator
Canary to Contractor
Pink to Project Inspector
00ku-rR.467 N c'. 93 -y11(
is«7114ofDI":4ZON
THIS AGREEMENT made this -LI day of September, 1993 by
Kodiak Island Borough herein called the owner, and Brechan
-Enterprises, Inc :-,-hereii.a to called the contractor.._.
ARTICLE I. SCOPE OF WORK. The contractor shall perform,
within the time stipulated; the contract as herein defined, of
which this agreement is a component part, and everything required
to be performed and shall provide and furnish any and all utility
and transportation services necessary to perform the contract in
connection with the owner's
Mission Road/Spruce Cape Water & Sewer Replacement Project
KIB-550-751
in strict conformity with the plans and specifications, including
any and all addenda issued by the owner, with the other contract
documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and
services shall be furnished and the contract performed and
completed subject to the approval of the owner or its authorized
representative.
ARTICLE II. LUMP SUM PRICES. The owner shall pay to the
contractor as full consideration for the performance of the
contract an amount equal to the Lump Sum amounts as set forth in
the bid.
ARTICLE III. UNIT PRICES. The owner shall pay to the
contractor as full consideration for the performance of the
contract, an amount computed upon the basis of the quantity of
work actually performed at the unit prices as set forth in the
bid.
It is understood that the quantities stated are approximate only
and are subject to either increase or decrease, and should the
quantities of any of the items of work be increased, the
contractor shall perform the additional work at the unit prices
set forth in the bid and should the quantities be decreased,
payment will be made on actual quantities installed at the unit
prices set forth in the bid and the contractor will make no claim
for anticipated profits for any increase or decrease in the
quantities. Actual quantities will be determined upon
completion of the work.
ARTICLE IV. COMPONENT PARTS OF THIS CONTRACT. The contract
entered into by the acceptance of the contractor's bid and the
signing of this agreement consists of the following documents all
of which are component parts of said contract and is fully a part
532H -Agreement
Page 1 of 2
thereof as if herein set out in full, and if not attached, as if
hereto attached.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
This Agreement
Addenda Numbers 1, 2, 3.
Supplementary Conditions
Specifications (Division
Manual)
Contract Drawings
General Conditions
Standard Specifications
Information for Bidders.
Advertisement for Bids
Bid Form
1 through 16 of Project
Incorporated by Reference
Performance and Payment Bonds
Notice of Intent to Award
Notice to Proceed
In the event of any conflict of inconsistency between any of the
foregoing documents, the conflict or inconsistency shall be
resolved upon the basis of the numerical order. The document or
documents assigned the small number or numbers being controlling
over any document having a larger number in the numerical order
set forth above. Provided, however, although the supplemental
conditions incorporates standard specifications by reference, in
case of conflict or inconsistency, these standard specifications
have a numerical order as shown above.
IN WITNESS WHEREOF, three (3) identical counterparts of this
Agreement, each of which shall for all purposes be deemed an
original thereof, have been duly executed by the parties
hereinabove named, on this day and year first above written.
Kodiak Island Borough
Corporate
By �
Seal: 11,11or
ATTEST:
By7 L7YnG�
Borough Clerk
Brechan Ente pris s I
Corporate
By:
Seal: Michael C. Brechan
Title: praairloni-
Fed. ID No. 92-0030431
532H -Agreement
Page 2 of 2
ITEM NO. 11.a
AGENDA STATEMENT
OT: Septemner L, 1"J Contract No. 93-44
ITEM TITLE: Contract Award - Mission Road/Spruce Cape Road Water and
Sewer Replacement Project
SUMMARY STATEMENT:
Bids were received and opened on August 10, 1993 for the Mission
Road/Spruce Cape Road Water and Sewer Replacement Project in
Service District No. 1. The apparent responsive low bidder was
Brechan Enterprises Inc., of Kodiak, AK.
Recommend award of the contract for the Mission Road/Spruce Cape
Road Water and Sewer Replacement Project to Brechan Enterprises,
Inc., of Kodiak, AK at a cost not to exceed $ 146,145.60.
FISCAL NOTES ACCOUNT NO. 550-751-452-150-060-005
[ ] N/A Expenditure Amount
Required $ 146,145.60 Budgeted $ 150,000.00
APPROVAL FOR AGENDA:
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-- RUG -19-'93 16:43 ID:KODIRK PUBLIC WORKS TEL NO:9074868066 #153 P01
CITY OF KODIAK
PUBLIC WORKS DEPARTMENT
_ FAX_ *-- t9071486-8066
DATE:
TRANSMIT TO:
TRANSMIT PHONE NUMBER: �j F6 q3 Z,4
Number Of pages transmi%tt{ed' (including cover'sheet): T
FROM: CPI I�LCL T
NOTES: If any pages are missing or illegible, please call
apt�J�-�our
y phone # /)0./ �
SPECIAL INSTRUCTIONS: 3-01 �a_.T . l l�
'T' I / . _ _ N � . n . _
RECEIVED
AUG 191993
KODIAK ISLAND BOROUGr
CLERK'S OFFICE
AUG -19-'93 16:44 ID:KODIAK PUBLIC WORKS TEL NO:907486eO66
i
MEMORANDUM
TO: Jerome Selby, Borough Mayor
FROM* �Tiolmstfom;—i yEngineer u" U41 -
#153 P02
SUBJECP: Mission Road/Spruce Cape Road Water & Sewer Replacement
DATE: August 11, 1993
This memo is intended to give you some background on Standard Mechanical, ine._ Standard
has 2 projects currently outstanding with the City:
1. Upper Reservoir Fence, PN 92-13, bid amount $109,131. The notice to proceed was
issued on 7f27/92 with a 45 -day completion time.
1
2. 1992 Sidewalk, Curb & Gutter, PN 92-02, bid amount $52,334. The notice to
proceed was issued on 7/23/92 with a 30 day completion time.
On both of these jobs we observed the following:
1. Lack of knowledge and a general disreg for plans and specifications.
2. Poor quality workmanship.
3. Untimely performance.
4. Excessive staff hours devoted to inspection & construction administration.
A third project, Fillar Creek Fuel 'link, PN 92-23 was just completed on July 20, 1993.
Contractor performance was somewhat better on this project compared to the two outstanding
projects. The project bid amount was $9,025. A notice to proceed was issued on 11/12/92, with
a 30 day completion time.
We sincerely hope that you will cousdder this iuformatiou prior to making a bid award dceaslun
on the subject project.
RUG -19-'93 16:44 1D:KODIRK PUBLIC WORKS
August 16, 1993
Mr. Fred Duoolon
Standard Mechanical
1851 Alexander Avenue
Tacoma, Washington 98421-4107
TEL NO:9074868066 #153 P03
tc •�V� / ✓VT I IVI1�
4410 MILL DAY "D, KOVIAK, AL&KA 99615
TELEPHONE (907) 486.8060
Fax (907) 486-6066
Re: Overall Assessment Contractor Performance of Upper Reservoir
Fence Project, PN 92-13
Dear Mr. Ducolon,
Now that the City is finally able to olone out the Upper Reservoir
Fence job, we believe that it is appropriate to put on record our
assessment of Standard Mechanical's performance.
While we are closing out the project and releasing the retention,
we are dissatisfied with your overall performance. The following
is a summary of our main points of dissatisfactions
- Standard Mechanical had ohown a markod tendency to cut corners
while an inspector is not on site. This is evidenced by the
fact that not one of the approximately 124 posts that were
pulled out of the approximately 450 posts originally
installed, was found to have been placed according to
specifications. As you know, we directed the removal of 124
posts because the posts were visibly loose in the ground.
Posts were found to have been placed in as little as 12 inches
depth. Due to this trend, we are suspicious of 6he remainder
of the posts installed off of the dam face.
This tendency to cut corners has been noted even up until the
final inspection where we found, at a number Of locations, the
fence fabric was attached to the top rail with ties pieced
together from old broken ties and with old broken ties formed
into hooks fastened to the fabric at only one end. This was
done rather than use new or old salvageable single piece
clips.
Due to your performance on the project, we will conduct an
inspection of the project within a year of this date. in the
event that irregularities are found, we will attach your bond
for any failure noted. This is in accordance with Section G5-
06 of the contract general provisions. We are releasing the
retention because we agreed to do so after you made
RUG -19-193 16:45 ID:KODIRK PUBLIC WORKS TEL NO:9074568066
OorL'ec;Lloaw on we directed.
ti153 PO4
- The projeot won bid to be completed within 45 days. it took
over a year to comp ete the--worLiquidateda gem�gema were no
applied in on effort to work with, rather than against, you.
We found that there was an overall lack of diligence to
cumplete the work within a timely manner. We found that the
Contractor was reluctant to have more than one crew at the
same time on-site, and we found that it was a rare day when
the Contractor's crew put in as such as 8 hours work in a day.
If you have any questions please call me at (907) 486-8060.
Sincerely,
CITY PF KODIAX
I 'WJE
Matt Holmstrom
City Engineer
Linda Freed
Community Development Department
Kodiak Island Borough
710 Mill Bay
Kodiak, AK 99615
Re: Mission Road Water & Sewer Replacement
Our File No. 4702.453
Dear Linda
ANCHORAGE OFFICE:
1200 1 STREET, SVITE 106
ANCHORAGE. ALASKA 99501
TELEPHONE AND FAX
(907H 216'6100
SEAT -LE OFFICE:
300 MUTLAL LIFE BUILOING
605 1D.T AVENUE
SEATTLE. NASHINGTCN 9610.
-ELEPHONE: 1206 622'1639
FACSIMILE: ;206; 623'1521
I am writing with respect to the bid award for the Mission Road/Spruce Cape Road Water and
Sewer Replacement, Kodiak Island Borough Project 550-752. I previously provided a letter to Robert
Trousil dated August 12, 1993 concerning the failure of Standard Mechanical to provide a bid bond. A copy
of that letter is enclosed. After I spoke with the engineering department and the clerk's office, I became
concerned that the agenda statement did not provide a complete discussion of the issue. Therefore, for
your convenience, I am recommending that you include the following statement in the stats' report
concerning this bid award:-
Standard
ward:
Standard Mechanical, Inc. submitted a bid to perform this project for the total price of
$105,512. The bid advertisement required a bid bond or deposit in the amount of at least
5`90 of the total amount bid. There was no bid bond or deposit included with the Standard
Mechanical bid. Following the bid award, the City of Kodiak provided a memorandum
concerning Standard Mechanical's performance on two public projects. The City
memorandum observed the following problem with performance of those contracts: 1. lack
of knowledge and a general disregard for plans and specifications; 2. poor quality
performance; 3. untimely performance; and 4. excessive staff' hours devoted to
construction and construction administration. We have received an opinion from the
Borough attorney indicating that there is a reasonable basis to conclude that the bid from
Standard Mechanical is non-responsive based upon the failure to provide a bid bond. Also,
there is a reasonable basis to conclude that Standard Mechanical is not a responsible
bidder based upon the memorandum from the City of Kodiak. The staff therefore
recommends the award of the contract to Brechan Enterprises, Inc. in the amount of their
bid of $146,145.
AUG 19 1993
KODIAK ISLAND BOROUGH
CLERK'S OFFICE
JAMIN, EBELL, BOLGER & GENTRY
A RROFESSIONAL CORPORATION
.OEL H. BOLGER'
ATTORNEYS AT LAW
:. WALTER EBELL'
DUNCAN S. FIELDS
323 CAROLYN STREET
DIANNA R. GENTRY
KODIAK, ALASKA 99615
MATTHEW D...AMIN
NAI TFR W_NAR� ON' ..
-�EpH@N£•. (9071 4815 8024
ALAN L. SCHMITT
MICHAEL C. SCIACCA'
FACSIMILE: (901).66-6112
O A.ASKA
--REPLY
TO KODIAK OFFICE
EDSOOTTERS
BAR
August 18, 1993
Linda Freed
Community Development Department
Kodiak Island Borough
710 Mill Bay
Kodiak, AK 99615
Re: Mission Road Water & Sewer Replacement
Our File No. 4702.453
Dear Linda
ANCHORAGE OFFICE:
1200 1 STREET, SVITE 106
ANCHORAGE. ALASKA 99501
TELEPHONE AND FAX
(907H 216'6100
SEAT -LE OFFICE:
300 MUTLAL LIFE BUILOING
605 1D.T AVENUE
SEATTLE. NASHINGTCN 9610.
-ELEPHONE: 1206 622'1639
FACSIMILE: ;206; 623'1521
I am writing with respect to the bid award for the Mission Road/Spruce Cape Road Water and
Sewer Replacement, Kodiak Island Borough Project 550-752. I previously provided a letter to Robert
Trousil dated August 12, 1993 concerning the failure of Standard Mechanical to provide a bid bond. A copy
of that letter is enclosed. After I spoke with the engineering department and the clerk's office, I became
concerned that the agenda statement did not provide a complete discussion of the issue. Therefore, for
your convenience, I am recommending that you include the following statement in the stats' report
concerning this bid award:-
Standard
ward:
Standard Mechanical, Inc. submitted a bid to perform this project for the total price of
$105,512. The bid advertisement required a bid bond or deposit in the amount of at least
5`90 of the total amount bid. There was no bid bond or deposit included with the Standard
Mechanical bid. Following the bid award, the City of Kodiak provided a memorandum
concerning Standard Mechanical's performance on two public projects. The City
memorandum observed the following problem with performance of those contracts: 1. lack
of knowledge and a general disregard for plans and specifications; 2. poor quality
performance; 3. untimely performance; and 4. excessive staff' hours devoted to
construction and construction administration. We have received an opinion from the
Borough attorney indicating that there is a reasonable basis to conclude that the bid from
Standard Mechanical is non-responsive based upon the failure to provide a bid bond. Also,
there is a reasonable basis to conclude that Standard Mechanical is not a responsible
bidder based upon the memorandum from the City of Kodiak. The staff therefore
recommends the award of the contract to Brechan Enterprises, Inc. in the amount of their
bid of $146,145.
AUG 19 1993
KODIAK ISLAND BOROUGH
CLERK'S OFFICE
August 18, 1993
Page 2
Feel free to call if you have any questions.
SinceL ely yours,
JAMIN, EBELL, BOLGER & GENTRY
Joel H. Bolger
JHB:srp
Enclosure
cc: Je a Selby
jXack McFarland (via fax to Donna Smith, Clerk's Office)
4702\453L.002
..IAMIN, EBELL, BOLGER & GENTRY
A PROFESSIONAL CORPORATION
JOEL H. BOLGER'
ATTORNEYS AT LAW
ANCHORAGE OFFICE:
C. WALTER EBELL'
STREET SUITE
DUNCAN S. FIELDS
323 CAROLYN STREET
NCO 99501
ANCHORAGE. 95
R. GENTRY
KODIA K, ALASKA 99615
SAND
TELEPHONE AND FAX
M_ATTFIEW _O. JAMIN
MATTHEW
WALTER W. N•
SCHMIT
ALAN L SCI -IM ITT
TELEP«ONE: (907) G66'6024
MICHAEL C. SCIACCA'
FACSIMILE: (907) 4866112
SEATTLE OFFICE:
I-ITTED TO oSKA
IND
REPLY TO KODIAK CFFICE
300 My -JAL EE BUILD NO
ALL ERS AD14TTED TC
605 F.RSTAVENI:E
.,A5KA BIR
SEATTLE. nXS—NGTON 9904
'ELEPL ONE: l206) 622-7E34
1AC S M I L E: 12 C 61 623 'E2'
CONFIDENTIAL ATTORNEY/CLIENT CORRESPONDENCE
August 12, 1993
Robert Trousil
Environmental Engineer
Engineering and Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Standard Mechanical Bid/Mission Road Water & Sewer Replacement
Our File No. 4702-453
Dear Bob:
I am writing in response to your telephone questions with respect to the award of a contract for
the Mission Road/Spruce Cape Road Water and Sewer Replacement, Kodiak Island Borough Project 550-
752. According to the material you provided, the Borough released a project manual and bid solicitation
on July 9, 1993. The project manual required all bids to be accompanied by a bid bond or deposit
described as follows:
13. Bid and performance guarantees. A certified check, cashiers check, or bid bond
payable as designated in the advertisement for bids in an amount equal to at least 5% of
the total amount bid shall accompany each bid, as evidence of good faith and as a
guarantee that if awarded the contract the bidder will execute the contract and give bonds
as required. The successful bidder's check will be retained until he has executed the
contract and furnished a 100% performance bond and a 100% payment bond in the form
included in these contract documents with a qualified corporate surety. The owner
reserves the right to hold the bid security from the three lowest bidders until the
successful bidder has entered into the contract and furnished the performance and
payment bond, but in no event longer than the hold period specified in the advertisement
for bids.
Successful bidders will be required to file a performance bond and a payment bond in the
full amount of the contract price, which bonds shall be furnished by a surety company
acceptable to the owner. Should the successful bidder fail to enter into a contract and
furnish satisfactory bonds within 15 days after his proposal has been accepted, the bid
security will be forfeited as liquidated damages.
August 13, 1993
Page 2
Standard Mechanical, Inc. submitted a bid to perform the project for the total price of $105,512.
There was no bid bond or deposit included with the bid. Other bids were submitted by Brechan
Enterprises, Inc. in the among of $146,145, Anderson Construction, 7nc.'in the amount M $168,IJU-and
A. K. Construction, Inc. in the amount of $208,231.
At the time of the bid opening, Fred Ducolon of Standard Mex omeal indicated that he was asking
the Borough to withhold his payment on a project related to Peterson Elementary as the bid security in
this contract. He said that Steve Hobgood had told him that this procedure was acceptable. The staff has
determined that Hobgood may have made the statement in connection with an earlier project which was
much smaller, in which the bid security was not especially important. Staff has determined that Hobgood
was out of town at the time the Standard Mechanical bid was presented for this project. There is no
written agreement authorizing a withdrawal or retention of funds from the Peterson Elementary School
project in order to substitute for bid security for the Mission Road project.
Following the bid award, the City of Kodiak submitted certain information concerning Standard
Mechanical, Inc. to the Borough mayor. The City Engineer, Matt Holmstrom submitted a memo stating
that Standard Mechanical currently has two projects outstanding with the city, the Upper Reservoir Fence
Project in the amount of $109,131 and the 1992 Sidewallt, Curb and Gutter Project in the amount of
$52,334. Mr. Holmstrom stated that the staff had observed the following problems with the performance
of those contracts: 1. lack of knowledge and a general disregard for plans and specifications; 2. poor quality
performance; 3. untimely performance; and 4. excessive staff hours devoted to construction and
construction administration.
A estion As I understand it, your question is whether the Standard Mechanical bid
should be accepted or ejected. I have concluded that you have a reasonable basis for rejection of the bid
on the grounds that the bid is not responsive and the bidder is not responsible.
B. Discussion. There are three sections of the Kodiak Island Borough Code which are
relevant.
3.16.040 Advertising for bids ... a The purchase contract shall be awarded to the lowest
responsitile bidder, or in the case of a sale, to the highest responsible bidder.
3.16.050 Processing of bids. Notwithstanding other provisions of this chapter relating to
the award after competitive bid for purchases, sales and contracts, the Borough map. A.
reject defective or nonresponsive bids; B. waive any irregularities in any and all bids; C.
reject all bids....
3.16.080 Lowest responsible bidder. In determining the lowest responsible bidder, the
Assembly shall consider: A. the bid price; B. the ability, capacity and skill of the bidder
to perform the contract within the time specified; C. the character, integrity, reputation,
judgment and experience of the bidder, D. the quality of performance of previous
contracts.
The failure of Standard Mechanical to include a bid bond raises the question of whether or not its
bid is responsive to the solicitation. The memorandum from the City of Kodiak concerning Standard
Me chanicars past performance on city contracts raises questions concerning whether or not the bidder is
responsible.
August 12, 1993
Page 3
1. Bid Responsiveness. Proposals for public contracts must substantially comply with
all requirements contained in the invitation for -proposals.- A "material"_ variance_ftrom the imitation
requires rejection of the proposal, but a "minor" variance does not require rejection of the proposaL The
variance is said to be material "if it gives the bidder a substantial advantage over other bidders, and
thereby restricts or stifles competition."'
The purpose of a bid bond is to assure that a bidder, if successful, will in fact, enter into the
contract he has bid upon, and to provide a secure fund to compensate the public if he fails to do so. The
usual condition of a bid bond is that the bidder must execute further contractual documents and give any
performance and payment bonds that may be required by the terms of the bid A bid bond is intended
to secure the public from loss occurring from a default by a successful bidder, that is his failure to enter
into the contract in accordance with this bid .2
The requirement ..f a bid bond could induce potential bidders to withhold their bids, or it may
affect the amount of the bid. 3 A bidder who fails to submit a bid bond gains a competitive advantage, in
that he can submit a reckless or aggressive bid without fear of penalty. After the bid opening, he could
review the other bids and determine to withdraw his bid if he feels that it is to his advantage to do so.
Some cases have allowed a waiver of the requirement of filing a bid bond or security with the bid,
when the bond is filed at or near the time of the bid opening.° For example, in King v. Alaska State
Housing Authority, a bidder on a public development proposal failed to submit a security deposit with his
proposal, because he attempted to qualify for an exemption from the security requirement. He did file the
deposit, however, at the time when his exemption was denied, which was prior to the agency's
consideration of the proposals.
This is not a case where the bidder has missed a technical deadline, but actually provided the bid
bond prior to the bid opening. Standard Mechanical has failed to present any bid bond at alL The failure
to supply a bid bond should be sufficient grounds to reject the bid. 5
2. Bidder responsibilities. The memorandum from the City of Kodiak states that on
two prior public construction projects awarded to Standard Mechanical, Inc., the city staff observed the
following. 1. lack of knowledge and a general disregard for plans and specifications; 2. poor quality
workmanship; 3. untimely performance; and 4. excessive staff hours devoted to inspection and construction
administration. These observations are proper considerations under KIBC 3.16.080 as quoted above. The
poor performance by Standard Mechanical, Inc. on prior public construction projects for the City of Kodiak
reflects adversely on the bidders ability, capacity and skill to perform the present contract, as well as the
general judgment and experience of the bidder. There is a reasonable basis to conclude that the bidder
is not responsible based upon the memorandum from the City of Kodiak.
1 King v. Alaska State Housing Authority. 512 P.2nd 887, 892 (Alaska 1973).
z Kennedy Temporaries v. Comptroller of the Treasury. 468 A.2nd 1026 (Md. App. 1984).
a In the Matter of the Award of the Contract for the Construction of Bavonne Park. etc.. 401 A.2d 705
(N.J. App. 1979).
Lorenz v. Plaquemines Parish Commission Council 365 So.2d 27 (La. App. 1978).
5 Lorenz v. Plaquemines Parish Commission Council 365 So.2d 27 (La. App. 1978).
August 12,1993
Page 4
C.
. There is a reasonable basis to conclude that the bid from Standard Mechanical
standard Mechanical is not a responsible bidder. You should consider whether
or not the neat lowest bid is a responsive bid submitted by a
if you have any questions.
Sincerely yours,
JAMIN, EBELL, BOLGER & GENTRY
Joel H. Bolger
JHB:srp_/
cc: 1 rome Selby
Jack McFarland
4702\453L.001
to contact me
RECEIVED
AUG 161993
KODIAK ISLAND BOROUGH
CLERK'S OFFICE
August 17, 1993
Mr. Fred Ducolon
Standard Mechanical
1851 Alexander Avenue
Tacoma, Washington 98421-4107
PULLC W4WMAUMeff
2410 MILL W ROAD, KODIAI(. ALAW 99615
TELEPHONE (907) 486-8060
FAX (907) 486-8066
RE: 1993 SIDEWALK, CURB & GUTTER REPAIRS; PN. 93-01
Dear Fred:
This letter constitutes final acceptance of your work on the above -referenced
project in accordance with the contract documents.
Sincerely,
Matt Holmstrom
City Engineer
181610
(�.ECEIi!! ED
July 20, 1993
Mr. Fred Ducolon
Standard Mechanical
1851 Alexander Avenue
Tacoma, Washington 98421-4107
PUBLIC WORKS DEPARTMENT
4T07'IICCBAY ROAD VOUtAV 9961
TELEPHONE (907) 486-8060
FAX (907) 486-8066
RE: PILLAR CREEK ABOVE GROUND FUEL TANK; PN. 92-23
Dear Fred:
This letter constitutes final acceptance of your work on the above -referenced
project in accordance with the contract documents.
Sincerely,
77IAKO
Matt Holmstrom
City Engineer
MH/ak
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AUG 19 1993
KODIaw C" 11
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