The URL can be used to link to this page

Home My WebLink AboutReso 2014-139 RESOLUTION NO. 2014-li9 RESOLUTIOI�' OF THE CIT1' COUTCIL OF THE CITI' OF CHULA VISTA ACCEPTIIvG BIDS. DECL.ARING THE APPARE?�TT LOV�' BIDDER. FRA.\'K R SOI�' PAV'I?vG.INC. TO BE NON-RESPONSIVE. WAIVII�G A Mii�'OR DEFECT IN THE LOVd-EST RESPOI�'SIVE BID RECEIVED. AV�%ARDIIvG THE CONTRACT FOR THE '`PAVEA�ErTT A7II�'OR REH.ABILITATION F1'li/14 (RUBBERIZED PAVEMENT GRANT PROGRAA4 — CHIP SEAL) (STL397)' PROJECT TO COPP COt�'TRACTIIvG INCORPORATED II�' THE AMOUI�'T OF �1.812.�72.00. REDUCIt�'G THE STL383 BUDGET BY �434,098 AND APPROPRIATII�'G THE EQUNALEI�TT AMOLT?�'T TO STL397. R'ATVING CITY COU?`'CIL POLICY NO. �74-01 Al�'D AUTHORIZII`'G THE EXPENDITURE OF ALL .AVAILABLE CONTINGENCl' FUI�iDS NOT TO E3�CEED $271.88�.80 WHEREAS, Cit}� staff prepazed specifications for the "Pavement T4inor Rehabilitation F1'li/1� (Rubberized Pavement Grant Program — Chip Seal) (STL397)" and ad��ertised the project on April 18. 2014; and R'HEREAS, on May 7; 2014, the Director oF Public Works Engineerine recei�ed six (6) sealed bids for the project as follo��s: CONTRACTOR SUBA4ITTAL RESULTS B1D TOTAL SUBA'IITTED Did not meet the required 40% of 1 Frank R Son Pa�ine, Inc. — ��ork to be performed b}� ��.6�2.�76.�0 Chula Vista. CA contractor. �0.40 math error. Actual bid total is $1.6�2.>76.90 All requirements met but N�ith COPP ContractinR, Inc. — mathematical error. Corrected bid 2 ` total is �16,972SO lo�i�er than �1,829_�44.�0 , Buena Park, CA submitted. Actual bid total is �1.8125 72.00. , TC Construction Co., Inc. — All requirements met �1,968,6�0.�0 Santee. CA 4 Pa��ement Coatings Co. — All requirements met �1,992,6�830 Jurupa Valle��, CA � American Pavement S��stem. All requirements met �2,038:�46.�0 lnc. —Modesto. CA Resolution No. 2014-1�9 Page No. 2 , . CONTRACTOR SUBMITTAL RESULTS BID TOTAL SUBMITTED 6 VSS lnternational — R'est All requirements met $2,224.120.00 Sacramento. CA WHEREAS, Staff implemented a ]owered requirement of 40% prime contractor participation using its own organization to perform the contract work for this pavement rehabilitation project to attract additional bidders; and WHEREAS, the appazent low bidder, Franl: & Son Paving Incorporated, submitted a bid with only a 34.49% Contractor participation from their organization instead of the required 40% minimum as outlined in Section 9, Subcontracting, of the Project Specification entitled '`Proposal Requirements and Conditions; and WHEREAS, Frank & Son Paving Incorporated provided additional material that redistributed work on the bid items between their firm and the subcontractors. lt �i�as determined that these additional submittals were changes to the bid, not corrections, and as such, in order to preserve the integrit}� of the sealed bid process, should not be considered; instead the original bid submission needed to be used to evaluate bid responsiveness; and WHEREAS. on this basis, staff determined that the Frank R Son Paving Incorporated apparent low bid was '`non-responsive" because it failed to meet the minimum 40% work participation requirement cleazly spelled out in the bid specifications; and WHEREAS, staff revie��ed the second low bid submitted by Copp Contracting Inc. (`Copp ') and, with the exception of a mathematical error of $16,972.50 in favor of the Cih�; determined that the Copp bid met all bid specifications and was responsive; and WHEREAS, Copp has agreed to honor the conected bid price; and WHEREAS, staff further determined that Copp is a responsible bidder with the licenses and capacity necessar}� to perform the work, verified references and satisfactory ��ork performance on previous Cit��projects: and WHEREAS, the bid submitted by Copp is below the Engineer's estimate of$2,023,740 by $211,168 (or appro�imately 10.43% below the Engineer's estimate); and WHEREAS. in consideration of the above, staff is recommendine the award of the contract to Copp; and WHEREAS. because Copp`s bid contained a defect, in order to award the contract to Copp, pursuant to Cit}� Charter Section ]009, the City Council must hold a public hearina and find that the �i-aiver is necessary for the benefit of the public; and � Resolution No. 2014-li9 Pase ?vo. 3 V�'HEREAS. staff recommends that the Cin� Council mal:e this findine N�th respect to Copp's bid because the defect is minor and inconsequential. and did not eive Copp an ad��antage o��er other bidders: and � VIHEREAS. a Citv Council w�ai��er of the defect on this basis would be consistent with �ood purchasing practices. applicable case lati�; and staffs pattern and practice in this area; and V�'HERE.AS. the total "Pavement Minor Rehabilitation Fiscal 1'ear 20li/2014 (Rubberized Pa��ement Grant Proeram — Chip Seal) (STL397)" project is anticipated to cost �2.3�6343.60 includine ��43.771.60 for continsencies. staff time. material testine and other cost: and � � «'HEREAS, the follo�vine transfer is recommended in order to pro��ide sufficient funds for construction costs associated ��ith this project; transfer �434,098 from STL383 to STL397(Gas Ta� Funds): and WHEREAS. under Council Polic�� No. �74-01. the Director of Public R'orks mav appro��e a contract increase up to �1li:628.60. based upon the base contract amount It is recommended that the Director of Public Works be authorized to approve chanee orders, as necessary, up to the masimum 1�% continsenc�� amount of�271,88�.80, which is an increase of �1�8.2�7.20 over Policv No. �74-01 in order to continue the project without dela}�. NOA'. THEREFORE. BE IT RESOLVED that the Cit�� Council of the Citv of Chula Vista does hereby accept bids for the "Pa��ement Minor Rehabilitation FY13/14 (Rubberized Pavement Grant Proeram — Chip Seal) (STL397)" project. and declaze the apparent low bidder; Franl: R Son Paving; Inc. to be non-responsi��e for failing to meet the 40% prime contractor ��ork participation requirement clearl�� spelled out in the bid specifications. BE IT FURTHER RESOLVED. that the Cit�� Council of the Cit�� of Chula V'ista ha��ina considered the recitals set forth abo��e: and the evidence presented in the documents and testimon�� at the public hearing. finds that the error in the bid from Copp Contracting [ncorporated is minor; inconsequential: and in favor of the Cit�� and that it is necessan� for the public interest to wai��e the error and accept the bid. BE IT FURTHER RESOLVED that the Citv Council of t6e Citv of Chula Vista does hereb�� transfer and appropriate �434,098 from STL38� (Prop 42 Pa��ement Rehabilitation F1'2011-12) to STL397 (Pavement n4inor Rehabilitation FYli/14) [o co��er the construction and staff costs associated ��ith STL397 (Pa��ement A4inor Rehabilitation FI'li/14) ��ithin the Gas Ta� Fund. BE IT FURTHER RESOLVED that the Cit�� Council of the Citv of Chula Vista does hereb}� aw�ard the contract for the "Pa��ement A4inor Rehabilitation FY13/1� (Rubberi2ed Pavement Grant Program — Chip Seal) (STL397)" project to Copp Contracting Incorporated in the amount of$1.812.�72.00. wai��e Citv Council Policv I�io. �74-01 and authorize the Director of Public «'orks to spend all a��ailable contingencv funds in an amount not to exceed �271.88�.80. Resolution No. 2014-139 ' Pa�e No. 4 Presented by Approved as to form by Richarc� . Ho �� GI . oogins � Director of Pu�lu Works Cit � Atto y PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista California, this 8th day of Juh� 2014 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Mayo ATTEST: � � � �/'� Donna R. Nonis,�City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoine Resolution No. 2014-139 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of July 2014. Executed this 8th dav of Juh� 2014. / Donna R. Norris, CMC, City Clerk