RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO TORO ENTERPRISES, INC. FOR THE COMMERCE WAY PAVEMENT CONSTRUCTION PROJECT FROM SHEILA STREET TO WASHINGTON BOULEVARD, AUTHORIZING CONSTRUCTION MANAGEMENT, ADMINISTRATION, INSPECTION, FEDERAL LABOR COMPLIANCE AND FEDERAL FUND MANAGEMENT SERVICES BY TRANSTECH ENGINEERS, INC., AND AUTHORIZING GEO-ADVANTEC, INC. TO PROCEED WITH GEOTECHNICAL AND MATERIAL TESTING SERVICES, PURSUANT TO THEIR ON-CALL PROFESSIONAL CONSULTING SERVICES AGREEMENTS WHEREAS, on April 26, 2022, the City Council adopted a Resolution approving the plans and specifications for the Commerce Way Pavement Construction Project (Project) from Sheila Street to Washington Boulevard; and WHEREAS, on July 15, 2022, staff advertised the construction bid package for the Project with four (4) bids submitted to the City at the Bid Opening held on August 11, 2022; and WHEREAS, the lowest responsive and responsible bidder was determined to be Toro Enterprises, Inc. with the lowest bid of $784,540.00; and WHEREAS, Toro Enterprises, Inc. inadvertently missed the unit price and total price for bid item 28 although the total base bid amount included the missing price; and WHEREAS, the missing unit price does not affect Toro Enterprises, Inc. total base bid amount, nor does it affect the ranking of the bidders; and WHEREAS, based on consultation with the City Attorney, the error was determined to be insignificant and waivable by the City; and WHEREAS, staff recommends waiving the bidding irregularities by Toro Enterprises, Inc. and award a contract to Toro Enterprises, Inc. in the amount of $784,540.00; and WHEREAS, staff recommends approval of up to 15% of construction contract for Project Contingencies; and WHEREAS, staff recommends approval of up to 15% of construction contract and contingencies for construction management, inspection services, material testing, federal labor compliance and federal fund management; and WHEREAS, staff recommends that Transtech Engineers be authorized to provide construction management, administration, inspection, federal labor compliance and fund management services pursuant to their existing on-call agreement for consultant services; and WHEREAS, staff recommends that Geo-Advantec, Inc. be authorized to proceed with the geotechnical and material testing services pursuant to their existing on-call professional services agreement; and WHEREAS, the total estimated cost of this project including construction contract, contingencies, construction management and contingencies is $1,037,554.15 of which $490,000.00 will be covered through Federal Funds (based on reimbursement) and approved Measure AA Funds in the amount of $1,077,613 available in Account No. 41-5170-57010.14009 to cover the cost of the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council hereby waives bidding irregularities in Toro Enterprise, Inc. bid and a construction contract to Toro Enterprises, Inc., the lowest responsive and responsible bidder, for the Commerce Way Pavement Construction Project from Sheila Street to Washington Boulevard in the amount of $784,540.00 is hereby awarded. The Mayor is authorized to execute the contract in a form approved by the City Attorney.
Section 3. Construction contingencies of up to 15% of construction contract or $117,681.00 for unforeseen conditions for any aforementioned costs is hereby authorized.
Section 4. Construction management, inspection services, material testing, federal labor compliance, and fund management for up to 15% of the total construction contract and contingencies or $135,333.15 is hereby approved Section 5. Geo-Advantec, Inc is hereby authorized to proceed with the geotechnical and material testing services pursuant to their existing on-call professional services agreement.
Section 6. Transtech Engineers, Inc. is hereby authorized to proceed with construction management, administration, inspection, federal labor compliance and federal fund management services pursuant to their existing on-call agreement for consulting services.
Section 7. The City Council authorizes the Mayor to execute this Resolution for and on behalf of the City of Commerce.
Section 8. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this 27th day of September 2022.
Oralia Y. Rebollo, Mayor
ATTEST:
Lena Shumway, City Clerk