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HomeMy WebLinkAboutSPCC Minutes 1996-04-30 - 7:00SRCC MINUTES (Special) 4/30/96 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, APRIL 30, 1996, AT 7:00 PM Special Meeting: San Rafael City Council Councilmember Councilmember Gary O. Phillips, Councilmember Absent: None Others Present: Jeanne M. Leoncini, City Clerk Present: Albert J. Boro, Mayor Paul M. Cohen, Barbara Heller, 1.REPORT ON BID OPENING, HEARING ON PROTEST, AND AWARD OF CONTRACT - ALBERT PARK/ FREITAS PARK TENNIS COURTS RESURFACING PROJECT (PW) - File 4-1-481 Public Works Director David Bernardi explained that after the bids for this project were opened on April 9th, the City received a letter from the low bidder, J. A. Gonsalves & Sons Construction, objecting to the City's determination that the second low bidder should be awarded the contract. Mr. Bernardi stated J. A. Gonsalves & Son Construction were "non-responsive" in a couple of areas, and their letter indicated areas of disagreement with the City's determination. Mr. Bernardi stated staff FAX'ed a response to their letter, and invited them to attend this meeting. Mr. Bernardi stated J. A. Gonsalves & Son Construction was "non-responsive" to the extent they did not list their sub -contractors as they were required to do, and listed "None" on the bid sheet, which meant they were going to do all of work themselves, but in reality, they were not going to do all of the work themselves. Mr. Bernardi stated he and his staff have reviewed this issue with the City Attorney's office, and they have determined this is a Non-responsive Bid. Mr. Bernardi noted this cannot be considered an error, because they literally wrote the word "None" on the bid; therefore, it is clear they did not mean to include any sub -contractors. Mr. Bernardi reported another issue raised by J. A. Gonsalves & Son Construction was the fact that the City specified a certain type of material. Mr. Bernardi explained that in all of the City's specifications, when we specify a certain type of material, we always include an "or equal" provision, so if a prospective bidder can find an "or equal" to what the City wants, they are certainly allowed to submit that and let the City determine whether or not it is, in fact, "or equal". Mr. Bernardi stated that since this bid was listed as an "or equal", staff does not feel we are in any way limiting the bidding to only one contractor which, in this particular case, was the second low bidder. As a result, Mr. Bernardi stated staff recommends the Council reject the bid from J. A. Gonsalves & Son Construction for non-compliance with Section 3.01 of the Contract Specifications, and award the contract for the above mentioned project to Vintage Contractors, in the amount of $106,600. Councilmember Heller asked if the City has used any of these contractors previously? Mr. Bernardi stated that staff's research found that Vintage Contractors has done acceptable work in this business, and the City received recommendations stating they are okay. Ms. Heller asked if they had worked for the City before, and Mr. Bernardi stated he did not think they had. Mayor Boro stated he had a question about the noticing. He noted Mr. Bernardi had stated staff responded to the letter from J. A. Gonsalves & Son Construction today, and asked if they had been notified of this meeting prior to today, and if the City had complied with all of the legal requirements as far as notification? Mr. Bernardi stated the City had complied with the legal requirements, noting this had been reviewed very carefully with the City Attorney's office. Councilmember Cohen referred to the letter the City received from J. A. Gonsalves & Son Construction, dated April 29th, which thanked the City for inviting them to this meeting in the City's letter of April 19th; therefore, Mr. Cohen stated they were notified. SRCC MINUTES (Special) 4/30/96 Page 1 SRCC MINUTES (Special) 4/30/96 Page 2 Councilmember Cohen referred to a portion of the City's letter to J. A. Gonsalves & Son Construction, which states, "Even if we were to allow the addition of a list of sub -contractors qualified to do the work, the sub -contractors would have been doing more than 50% of the work of the contract, and that is not allowed under our bid specifications". Mr. Bernardi stated that was correct. Mr. Cohen noted that would have been an additional violation, and even if the City had waived the "None" specified in their bid, the bid would still not be in compliance with the City's specifications. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution rejecting the bid from J. A. Gonsalves & Son Construction Inc., and awarding the contract to Vintage Contractors. RESOLUTION NO. 9585 - RESOLUTION REJECTING THE BID FROM J. A. GONSALVES AND SON CONSTRUCTION, INC. FOR NON-COMPLIANCE WITH SECTION 3.01 OF THE CONTRACT SPECIFICATIONS AND AWARD OF CONTRACT TO VINTAGE CONTRACTORS. AYES: COUNCILMEMBERS:Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None There being no further business, the meeting was adjourned at 7:40 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL .., SRCC MINUTES (Special) 4/30/96 Page 2