HomeMy WebLinkAboutCC Res 5835 2009-01-26RESOLUTION NUMBER 5835
RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING A CONTRACT TO AMG & ASSOCIATES, INC. FOR
THE DEMOLITION OF AN EXISTING FIRE STATION AND
CONSTRUCTION OF NEW FIRE STATION, PROJECT NO.
80903 AND APPROVING PLANS AND SPECIFICATIONS
THEREFOR
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. The City Council of the City of Seal Beach, a charter city ("City"),
hereby approves and adopts the plans and specifications for Project No. B0903
(Fire Station) dated November 10, 2008 ("Project"), with respect to design
criteria. Copies of the plans and specifications are on file in the City's Public
Works Department.
Section 2. The City invited bids for the Project. The City received and opened
17 bids for the Project on January 8, 2009. Colorado Structures Inc. DBA CSI
Construction Company of Irvine California ("CSI") submitted the apparent lowest
bid at $3,885,000. AMG & Associates, Inc. of Santa Clarita, California ("AMG")
submitted the second lowest bid at $3,898,909.
Section 3. CSI's bid failed to list all of the subcontractors who will perform
work or labor or render service to the general contractor in an amount in excess
of one-half of one percent as required by Public Contract Code section 4104 (a).
Based upon the foregoing, the City Council hereby finds that the bid submitted
by CSI is non-responsive.
Section 4. A bid protest dated January 23, 2009 was submitted to the City on
January 26, 2009, asserting that "multiple errors and omissions [exist in the bids
of CSI and AMG] which render the bids non-responsive." The City has reviewed
each of the allegations in the protest and AMG's bid in light thereof, and the
Council hereby finds that there are no material errors and omissions that render
AMG's bid non-responsive. Further, the City Council may waive any irregularities
or informalities in the bidding. Any irregularity or informality in the bid does not:
(a) affect the amount of AMG's bid; (b) give AMG an advantage over other
bidders; (c) create a potential vehicle for favoritism; (d) influence potential
bidders to refrain from bidding; or (e) affect the ability to make bid comparisons.
Because he City Council has determined that none of these factors are present,
it would be in the best interests of the City to accept the lowest responsive bid for
the Project. Accordingly, the City Council hereby waives any irregularities or
informalities in AMG's bid.
Section 5. Upon reviewing the bids submitted for the work to be performed
pursuant to contract and said plans and specifications, the City Council hereby
rejects the bid from CSI as non-responsive and finds that AMG has submitted
the lowest responsive bid for the Project. The bid of AMG is hereby accepted in
the total amount of $$3,898,909.00.
Section 6. The City Council hereby approves that certain Agreement, dated
January 26, 2009 with AMG & Associates, Inc. of Santa Clarita, California for
$3,898,909 for the Demolition of Existing Fire Station and Construction of New
Fire Station, Project No. B0903.
Section 7. The City Council independently reviewed and considered the
contents of the staff report, the bids, supplemental material and correspondence
submitted to the Council. The Council's decision herein was reached via its own
independent judgment and on the basis of all facts and evidence before it. The
Council's decision is based upon each of the totally independent and separate
7 . T„
Resolution Number 5835
findings above, each of which stands alone as a sufficient basis for its decision
to award the contract to AMG.
Section 8. The City Council hereby authorizes the City Manager to execute
the agreement. The City Manager or his designee shall administer the terms of
the Agreement on behalf of the City.
Section 9. The City Clerk shall furnish a copy of said Agreement after it has
been approved and fully executed by the City, along with a copy of this
resolution, to: AMG & Associates, Inc. of Santa Clarita, California.
Section 10. The City Clerk shall certify to the adoption of this Resolution and
shall cause this Resolution and her certification to be entered in the Book of
Resolutions of the Council of this City.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 26th day of January , 2009 by the following vote:
AYES: COUNCILMEMBERS ~~~~
NOES: COUNCILMEMBERS /
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
1
AT EST:
it Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
~~-"~
Mayor
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5835 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 26th day
of January , 2009
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