HomeMy WebLinkAbout030937 RES - 08/23/2016 Resolution rescinding the award to Cruz Maintenance & Construction, Inc.
(CMCI) in the amount of $598,874.00; authorizing the City Manager, or
designee, to execute a construction contract with the second lowest
responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, in
the amount of$632,673.00; and execute a claim against CMCI's bid bond in
the amount of $33,799.00 for the Collier Pool Renovations Rebid — Part B
(Restroom and Office Building) project due to failure of CMCI to comply
with the terms and conditions of the Bid. (Bond 2012 Proposition 4 —
Aquatic Facilities)
WHEREAS, the City advertised for and then opened bids for the Collier Pool
Renovations Rebid — Part B (Restroom and Office Building) Project ("Project") on April 6,
2016, in accordance with Chapter 252 of the Local Government Code;
WHEREAS, bidders were required to bid the work and provide the City with a bid bond
for 5% of the greatest amount bid under Section 00 11 16 Invitation to Bid, Article 6 Bid
Security, which provides that Bidders must submit an acceptable Bid Security with their
Bid as a guarantee that the Bidder will enter into a contract for the Project with the
Owner within 10 days of Notice of Award of the Contract;
WHEREAS, at the time of the bid opening, the three apparent low bidders were: Cruz
Maintenance & Construction, Inc., Barcom Construction, Inc. and SpawGlass
Contractors, Inc.;
WHEREAS, the City awarded CMCI the Project on June 14, 2016;
WHEREAS, the Contractor was required to provide performance and payments bonds
within 14 days of award;
WHEREAS, the Contractor failed to provide the required performance and payment
bonds as required;
WHEREAS, the City is unable to enter into an agreement with a contractor that does
not provide the required bonds pursuant to the Texas Government Code;
WHEREAS, the City must award a contract to the lowest responsible bidder; and
WHEREAS, the lowest responsible bidder for the bid invitation No. E14008 for the
Collier Pool Renovations Rebid — Part B (Restroom and Office Building) Project is
Barcom Construction, Inc. (Barcom).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council hereby finds that the City cannot enter into an agreement
with Cruz Maintenance & Construction, Inc. for the Project.
030937
INDEXED
SECTION 2. The City Council hereby rescinds the award of the contract for the Project
made to CMCI by Motion No. M2016-060 on June 14, 2016.
SECTION 3. The City Council hereby finds that Barcom Construction, Inc. as the
second lowest bidder is the lowest responsible bidder.
SECTION 4. The City Manager or designee is authorized to execute a contract with
Barcom in the amount of $632,673.00 for the Project.
SECTION 5. The City staff is directed to execute a claim on the bid bond submitted by
CMCI in the amount of $33,799.00, in accordance with the City's requirements, due to
CMCI's failure to execute an agreement as required by the City.
SECTION 6. This resolution becomes effective on Tuesday, August 30, 2016, at 9:00
a.m. upon the determination of the City Manager or designee that the lowest
responsible bidder, CMCI, failed to deliver Performance and Payment bonds acceptable
to the City in accordance with the bid specifications.
ATTEST HE I F CORPUS CHRISTI
Loc.6ek-4-- CA,CArt-C--\-
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Chr ti, Texas
3 of CIAC8)-4*—
, 2016
The above resolution was passed by the following vote:
Nelda Martinez
Rudy Garza
•
Michael Hunter ( PAV
Chad Magill / _ A!
Colleen McIntyre
.I♦ _
Brian Rosas 1 .� I
Lucy Rubio
Mark Scott _„.
t_
Carolyn Vaughn WA.�,
() 3093'7
CITY OF CORPUS CHRISTI •
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7&8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
Action Agenda Item for the City Council Meeting of August 23, 2016 Legistar Number: 16-0966
Resolution rescinding the award to Cruz Maintenance & Construction, Inc. (CMCI) in the amount of
$598,874.00, authorizing the City Manager, or designee, to execute a construction contract with the
second lowest responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, in the amount of
$632,673.00 and execute a claim against CMCI's bid bond in the amount of $33,799.00 for the Collier
Pool Renovations Rebid — Part B (Restroom and Office Building) project due to failure of CMCI to
comply with the terms and conditions of the Bid. (Bond 2012 Proposition 4—Aquatic Facilities)
Amount Required:
Fund Name Accounting Account Activity No. Amount
Unit No.
Park and Rec Bond 2012 3293-141 550910 E14008-01-3293-EXP $632,673
Total $632,673
❑ Certification Not Required
Director of Financial Services
Date: AUG 2 2 2016