Item 14 - Resolution Rejecting Nonresponsive Bid 014-97/98 Surface Patch Program
AGfO-t
DATE:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana~
James R. Williams, Director of Public Services ~
Norm Ginsburg, Interim Sr. Management Analysl-;,!J-
March 31, 1998
TO:
FROM:
INITIATED BY:
SUBJECT:
Resolution Reiectina NonresDonsive Bid No 014-97/98--Surface Patch Proaram
1998-1999 Street Maintenance Proaram
ABSTRACT
The proposed resolution rejects a single bid received from Asphalt, Inc., as nonresponsive. This single bid is
300% over the Engineer's Estimate. Further, the resolution, authorizes the Public Services Department to
initiate the City's Open Market Process to personally solicit and secure written bids for the Surface Patch
Program, 1998/99 Street Maintenance Program. Given the size of this project and the need to gain a valid bid
within the Engineer's Estimate as soon as possible, staff recommends Council reject the single bid from
Asphalt, Inc. and adopt the attached resolution.
ENVIRONMENTAL REVIEW
This item is not subject to the California Environmental Quality Act (CEQA) review.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Asphalt, Inc., P.O. Box 1356, EI Cajon, CA 92022-1356
RECOMMENDATION
It is recommended the City Council: (1) adopt the attached resolution rejecting Asphalt, Inc.'s bid as
nonresponsive; (2) authorize the Public Services Department to rebid this project using the City's Open Market
process--poway Municipal Code Section 3.28.080; and (3) authorize the City Manager to sign necessary
contract documents.
ACTION
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MAR 31 1998 lTEM14
CITY OF POWAY
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to
approval by the City Council unless members of the Council, staff or public request it to be removed from the
Consent Calendar and discussed separately. If you wish to have this report pulled fOf discussion, please fin out a
slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting.
AGENDA REPORT
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana~
James R. Williams, Director of Public Services
Norm Ginsburg, Interim Sr. Management Analyst ",)
TO:
INITIATED BY:
DATE:
March 31, 1998
SUBJECT:
Resolution ReiectinQ Nonresponsive Bid No 014-97/98--Surface
Patch ProQram 1998-1999 Street Maintenance Proaram
BACKGROUND
Public Services Maintenance and Operations staff prepared a public bid document for the annual
Surface Patch Program. Completed bid documents were due in the Office of the City Clerk,
Monday, March 9, 1998. Surface patching is a required street maintenance element before the
initiation of either a comprehensive cape or slurry sealing project. The street surface patching
provides a stable base upon which to apply either cape or slurry seal materials. It is a necessary
requisite to insure that these major street improvement activities will have a longer road life.
Staff developed detailed specifications to describe the parameters of this project. Depending upon
how much field work the contractor encountered, the Engineer's Estimate ranged from $20,000-
$50,000. Likewise, the identified project work ranged from 30,000 to 100,000 square feet, again
depending upon dynamically identified field needs. Concomitant with the application of asphalt
patching, the awarded contractor would be responsible for the removal and replacement of raised
pavement markers, temporary traffic legends, lane striping and utility cover painting. The City of
Poway would provide construction surveying and staking. Moreover, the City would issue the
contractor's Right -of-Way Permit at no cost. To cover any technical questions arising from the
disseminated bid document, Public Services Department staff provided a prebid meeting to
interested contractors on Tuesday, March 3, 1998.
FINDINGS
A Notice Inviting Sealed Bids was published in the poway Chieftain in accordance with public
bidding requirements on February 19 and February 26, 1998. Public Services' records indicated
that three asphalt contractors took out the prepared bid specifications. One bid was received from
Asphalt, Inc., in the amount of $152,000.
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MAR 3 1 1996 n eM 14
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Reiection of Bid No. 014-97/98
March 31,1998
Page 2
This single bid significantly exceeded the Engineer's Estimate, in excess of 300%. Moreover, this
street maintenance element does not have sufficient monies budgeted to meet this proposed bid
price. Therefore, staff cannot recommend this single bid. Given the excessive overage to the
Engineer's Estimate, staff considers Asphalt, Inc.'s bid as nonresponsive.
Staff suspects that today's high construction business activities may be discouraging potential
contractors from bidding on this relatively small project. Staff does not believe that legal
readvertising this project will not result in gaining any new bids within the Engineer's Estimate.
State Public Contract Code sections 20166 and 20167 provides that when the City receives no
responsive bids, the City Council may propose that the project be carried out without further
complying with public bid requirements. Given this excessive, non-responsive bid, staff interprets
these circumstances as not receiving any responsive bid. As such, given a Council's four-fifths
vote, the Council can authorize the Public Services Department to use the City's Open Market
process--Poway Municipal Code Section 3.28.080. To secure the needed asphalt services, it will
require personal telephone calls to area asphalt contractors soliciting written bids. In this process,
staff will attempt to gain at least three written bids. It is important to secure this necessary street
maintenance project bid as soon as possible. Delays in awarding an asphalt patching contract will
negatively influence the start of the City's pending cape or slurry sealing street maintenance
projects this spring and summer, 1998.
ENVIRONMENTAL REVIEW
This action is not subject to the California Environmental Quality Act (CEOA) review.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Asphalt, Inc., P.O. Box 1356, EI Cajon, California 92022-
1356
RECOMMENDATION
It is recommended that (1) the City Council adopt the attached resolution rejecting Asphalt, Inc.'s
bid as nonresponsive; (2) authorize the Public Services Department to rebid the project using the
City's Open Market procedure identified in the Poway Municipal Code Section 3.28.080; and (3)
authorize the City Manager to sign necessary contract documents.
Attachments: 1. Resolution
c:\wpfilesldirsdata\councillstaffrpt\rej0331.400
MAR 3 1 199B lTEII14
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RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
REJECTING BID NO. 014-97/98 - SURFACE PATCH PROGRAM IN ACCORDANCE
WITH POWA Y MUNICIPAL CODE SECTION 3.28.080
WHEREAS, Public Services Maintenance and Operations staff prepared a public
bid document for their annual Surface Patch Program--Bid No. 014-97/98; and
WHEREAS, a public notice referring to the availability of this bid document
appeared in the Poway Chieftain, a newspaper of general circulation on February 19 and
26,1998;and
WHEREAS, the Public Services Department held a prebid meeting on March 3,
1998 to answer technical questions arising from this disseminated bid document; and
WHEREAS, the City received a single bid from Asphalt, Inc. In the amount of
$152,000, 300% over the Engineer's Estimate; and
WHEREAS, given the circumstance cited above, the City Council may declare that
the City did not receive any responsive bids to its 1998-99 Surface Patching Program and
may authorize the Public Services Department to use the City's Open Market Process as
defined in the Poway Municipal Code Section 3.28.080; and
WHEREAS, the City Council may authorize the City Manager to sign necessary
contract documents arising out of the Open Market Process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway,
California, does hereby resolve that:
Section 1:
The single bid received from Asphalt, Inc., Lakeside, CA in the
amount of $152,000 is 300% over the Engineer's Estimate.
Section 2:
The City Council rejects this bid and declares it to be non-responsive.
Section 3:
The City Council finds and declares that it is improbable that
readvertising this bid will result in a bid within the Engineer's Estimate
in a reasonable timeframe.
Section 4:
,.
The City Council, in conformance with the State Public Contract Code
Sections 20166 and 20167, declares that this street maintenance
project can be performed more economically in the open market.
ATTACHMENT 1
MAR 3 1 1998 fa r:1lI 14
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'4
Resolution 98 -
Page 2
Section 5: The City Council authorizes the City Manager to sign the necessary
contract document on behalf of the City Council.
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway at
a regular meeting thereof this 31 st day of March, 1998.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway do hereby certify, under
penalty of perjury, that the foregoing Resolution No. 98 - , was duly adopted by the City
Council at a meeting of said City Council held on the 31st day of March 1998, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
CITY OF POWAY
IU.R 31 1996 'tEU14
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