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HomeMy WebLinkAboutCC Res 5918 2009-09-14RESOLUTION NUMBER 5918 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT TO GENERAL CONSOLIDATED CONSTRUCTORS, INCORPORATED FOR THE POLICE DEPARTMENT AND COUNCIL CHAMBERS RESTROOM RENOVATION PROJECT, BG0801 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 27, 2009, the City Council of the City of Seal Beach, a charter city ("City"), approved and adopted the plans and specifications for the Police Department and Council Chambers Restroom Renovation Project, CIP No. BG0801 ("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 11 bids for the Project on June 23, 2009. However, due to the failure of the two lowest bidders to submit required information, the City Council rejected all bids and directed staff to re-advertise the project to solicit more bids. Section 3. On August 18, 2009, City Clerk's office received 7 bids. General Consolidated Constructors, Incorporated ("GCC"), submitted the lowest bid of $648,675. Section 4. On August 18, 2009, staff received a bid protest from the second lowest bidder, TBC Contractors Corporation ("TBC") claiming GCC did not list an electrical contractor for a subcontractor. TBC claims GCC's bid thus does not comply with the "Subletting and Subcontracting Fair Practices Act." Section 5. By letter dated August 19, 2009, GCC has responded to TBC's claim. The letter states: "GCC, Inc. has a B license. A contractor with a B license can perform this trade [electrical work] as long as it performs at least two trades other than carpentry or framing. It is the intention of GCC, Inc. to self-perform demolition, painting, electrical and concrete. GCC is correctly licensed to perform these trades. "The `Subletting and Subcontracting Fair Practices Act', Section 4106 states that `If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of the work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself.' GCC hereby represents and warrants that we are fully qualified and will perform the above mentioned portions of the work for this project. GCC has in its employ state certified electricians that have completed state approved apprenticeships." Section 6. The City has reviewed each of the allegations in the protest and GCC's bid in light thereof, and the Council hereby finds that there are no material errors and omissions that render GCC's bid non-responsive. Further, the City Council may waive any irregularities or informalities in the bidding. Page A-2 of the Bid Specifications states: "RIGHT OF REJECTION OR WAIVER: The City reserves the right to reject any or all bids or any parts thereof and waive any irregularities or informalities in any bid or in the bidding to the extent permitted by law and to make awards in all or part in the best interests of the City." An irregularity or informality in the bid may be waived if it does not: (a) affect the amount of GCC's bid; (b) give GCC an advantage over other bidders; (c) create Resolution Number 5918 a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Because the 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 GCC's bid. Section 7. The City Council hereby approves that certain Agreement, dated September 14, 2009 between the City of Seal Beach and General Consolidated Constructors, Incorporated, for the Police Department and Council Chambers Restroom Renovation Project, CIP No. BG0801, in the amount of $648,675. 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 8. The City Council independently reviewed and considered the contents of the staff report, the bids, supplemental material and correspondence, including the correspondence from TBC and GCC, 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 findings above, each of which stands alone as a sufficient basis for its decision to award the contract to GCC. 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 GCC. 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 14th day of September , 2009 by the fo{lowing vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS a~ (1JG ~"l/~ ABSENT: COUNCILMEMBERS_ ~~ ~~Q ABSTAIN: COUNCILMEMBERS /i' ( I~•t~/ d1,/ ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5918 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 held on the 14th day of September , 2009. City CYerk