HomeMy WebLinkAboutr 10511 award contract for santa rosa skate park projectRESOLUTION NO. 10511 (2014 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AWARDING THE
CONTRACT FOR SANTA ROSA SKATE PARK PROJECT,
SPECIFICATION NO. 90752
WHEREAS, on January 7, 2014, the City Council authorized bids for the Santa Rosa
Skate Park Project, Specification No. 90752 ( "Project "); and
WHEREAS, the Project's bidding instructions required bidders to have Public Works
experience constructing projects of similar size for a public agency, and to provide references for
three Public Works projects for a Public Agency completed as the prime contractor, which
included grading and earthwork, concrete work, metal work and asphalt work with all projects
completed with the last five years from the project's bid opening date; and
WHEREAS, bids were opened on February 20, 2014; and
WHEREAS, Pickard and Butters Construction, Inc. ( "PBC ") was the apparent low
bidder, ProWest was the apparent second low bidder, and T. Simons was the apparent third low
bidder; and
WHEREAS, ProWest filed a bid protest against PBC, which the Public Works Director
denied, and ProWest did not file an appeal of said protest determination; and
WHEREAS, T. Simons filed a bid protest against ProWest, which the Public Works
Director denied, and T. Simons did not file an appeal of said protest; and
WHEREAS, upon review of PBC's references and follow -up communications with the
reference contacts City staff found that two of the three projects were not completed at time of
bid opening and the third project was not for a public agency, and thus, were not responsive to
the bid specifications; and
WHEREAS, Public Works notified PBC of the City's findings that PBC's references
were not responsive to the bid specifications and invited PBC to attend a hearing with the City
Engineer on March 21, 2014, wherein PBC was given an opportunity to provide clarification on
the three referenced projects and to offer information demonstrating that the projects referenced
complied with the bid specifications; and
WHEREAS, after said hearing, the City Engineer concluded that the three referenced
projects did not meet the requirements of the bid specifications and determined that the bid
submission was not responsive to the bid invitation; and
WHEREAS, on March 26, 2014, the City Engineer notified PBC of the determination;
and
WHEREAS, on April 4, 2014, PBC submitted a timely appeal to the City Engineer's
determination.
WHEREAS, based on review and follow up with ProWest's references, the City
Engineer has determined that ProWest is the lowest responsive responsible bidder.
R 10511
Resolution No. 10511 (2014 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council, after consideration of the appeal submitted
by PBC protesting the finding that PBC did not submit the lowest responsive bid from a
responsible bidder, staff recommendations and reports thereon, public testimony, and the
foregoing recitals, incorporated by reference as if fully set forth herein, makes the following
findings:
a. PBC did not submit a responsive bid because it failed to provide the references as
required by the bid specifications, or in the alternative, pursuant to Section 3.24.210 of
the San Luis Obispo Municipal Code, PBC lacks the requisite experience, and thus, is not
responsible.
b. ProWest submitted the lowest responsive bid from a responsible bidder.
SECTION 2. Action. The City Council awards the contract for the Santa Rosa Skate Park
Project, Specification No. 90752 to ProWest Constructors of Wildomar, California in the amount
of $1,700,000.00 (Base Bid plus all additive alternates) and authorizes the Mayor to execute the
agreement.
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and
on the following roll call vote:
AYES: Council Members Ashbaugh and Smith, Vice Mayor Christianson and
Mayor Marx
NOES: Council Member Carpenter
ABSENT: None
The foregoing resolution was adopted this 15th day of April 2014.
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Mayo J 3 arx
ATTEST:.
PI'ROVED A FORM:
Christine Dietrie
City Attorney