PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
DECLARATION OF NON-RESPONSIBLE BIDDER: V. LOPEZ JR. & SONS, INC.
RECOMMENDATION:
Adopt a Resolution declaring V. Lopez Jr. & Sons, Inc. a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.
BACKGROUND:
On March 7, 2023 the City Council held a public hearing to consider V. Lopez Jr. & Sons, Inc. as a non-responsible bidder. The staff report for that meeting can be found in Access Pismo at www.pismobeach.org1 , or by scanning the QR Code at right. After receiving public input, the City Council continued deliberation on the matter to a date certain, being March 21, 2023. The City Council will continue deliberation on the matter at tonight’s meeting.
Conclusion and Recommendation
Given the number and severity of the issues outlined in staff’s March 7, 2023 report, staff recommends that the City Council adopt a Resolution (Attachment 1) declaring V. Lopez and Sons as a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.
FISCAL IMPACT:
There is no direct fiscal impact from this action.
ALTERNATIVES:
1. Do not declare V. Lopez and Sons as a non-responsible bidder.
ATTACHMENTS:
1. Resolution
Submitted by: Meeting Date: March 21, 2023
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
1 https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=464341&dbid=0&repo=Laserfiche Council Agenda 3-21-2023 12.A-1
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DECLARING V. LOPEZ JR. & SONS, INC. A NON-RESPONSIBLE
BIDDER THEREBY DISQUALIFYING THEM FROM PERFORMING FUTURE WORK
FOR THE CITY OF PISMO BEACH FOR A PERIOD OF FIVE YEARS
WHEREAS, on December 19, 2017 V. Lopez Jr. & Sons (V. Lopez) was awarded a contract in the amount of $2,901,486 for the Five Cities Lift Station and Lift Station Maintenance Projects; and
WHEREAS, several significant issues were encountered with V. Lopez’s project understanding and public works competence over the course of the project; and
WHEREAS, the project experienced significant delays and resulted in the City extending the contract time 159 days past the 300-day contract time to a total of 459 days; and
WHEREAS, V. Lopez completed the work 69 days past the contract time, for which the City withheld 69 days of liquidated damages for a total of $69,000; and
WHEREAS, the total approximate financial loss to the City as a direct result of V. Lopez is $322,500.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby declares V. Lopez Jr. and Sons as a non-responsible bidder, thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years from the date of this action.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 3-21-2023 12.A-2
Attachment 1