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HomeMy WebLinkAbout1995-04-03 ResolutionRESOLUTION NO. 95-73 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WHISPERING MEADOWS HOUSING PROJECT, #1AOSP022009. WHEREAS, Frantz Construction of Iowa City, Iowa, has submitted the lowest responsive bid of 9938,627 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Frantz Construction of Iowa City, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, receipt of amendment funds from HUD and such other documents as may be required by the City. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, receipt of amendment funds from HUD and such other documents as may be required by the City. Passed and approved this 3rd day of kpri! ,1995. CITY'(;LERK It was moved by Lehman and seconded by adopted, and upon roll call there were: Baker AYES: NAYS: ABSENT: hisadmia\f rantz,res x X x x x X the Resolution be Baker Horowitz __ Kubby' Lehman Novick .. Pigott __ Throgmorton RESOLUTION NO. 95-74 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WHISPERING MEADOWS HOUSING PROJECT, #1AOSP022008. WHEREAS, McComas-Lacina Construction of Iowa City, Iowa, has submitted the lowest responsive bid of ~ 1,451,926 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction of Iowa City, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, receipt of amendment funds from HUD and such other documents as may be required by the City. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, receipt of amendment funds from HUD and such other documents as may be required by the City. Passed and approved this ~rd day of Aprn , 1995. ATTEST: CITY CLERK ~it~ A~tt om~y,s Offic e It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x X , X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott __ Throgmorton RESOLUTION NO. RESOLUTION REJECTING BID FOR CONTRACT FOR THE WHISPERING MEADOWS HOUSING PROJECT, #1A05PO22008 AND REEilDDING SAID PROJECT. WHEREAS, the City Council of the City of Iowa Ci uthorized receipt of bids for the Whispering Meadows Housing Project on February 2 1995; and WHEREAS, one (1) bid was received; and WHEREAS,~this bid did not conform with all ter and WHEREAS, the ~1ousing Inspection WHEREAS, a public hearing of the above-mentione&project was held the Council Chamber, Ci~i~c Center, NOW, THEREFORE, BE IT IOWA, that: and conditions of the invitation for bids, jection of the bid, and :ifications, form of contract for the construction the 21 st day of February, 1995, at 7:30 p.m. in Iowa. OLVED ~ THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1. The bid received The above-named rebid. The City Clerk is he of bids for the published at leas 'ice ,rized and directed to publish notice for the receipt of the above-named project in a newspaper and having a general circulation in the City. The bids for above-named ect are to be received by the City of Iowa City, Iowa at t office of the lerk, at the Civic Center, until 10:30 a.m. on the 24th y of April, 1995. the bids will be opened by the Director of H~using and Inspection or his designee, and thereupon referred to the City Council of the City Iowa City, Iowa for action upon said bids at its next meeting tobe held at Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 25th day )ril, 1995. Passed and approved thls day of ,1995. ATTEST: CITY CLERK MAYOR ey s Office ~_,,~-~ /o30 CITY OF I0 WA CITY March 29, 1995 Thomas D. Hobart Robert N. Downer Meardon Sueppel Downer & Hayes, PLC, Lawyers 122 S. Linn St. Iowa City, IA 52240-1802 HAND-DELIVERED Re: McComas-Lacina Construction Protest filed March 23, 1995, concerning City of Iowa City Housing Authority Whispering Meadows Projects; ~A05PO22008 and IAO5P022009 Dear Tom and Bob: We are in receipt of your protest filed March 23, 1995, and concerning the above matter. We hereby acknowledge receipt of same; and pursuant to Public Housing Authority policies concerning "protests" and in light of administrative procedural due process principles, I hereby provide you with the opportunity to present your concerns regarding the bid protest to Doug Boothroy at an informal meeting. You may provide any corrections of facts or legal principles which you wish to bring to Doug's attention, or which you suggest may reveal inaccuracies or misinterpretations in the factual record or in Doug's conclusions. As discussed with Bob's secretary today, Doug will meet with you in his office at the Civic Center on Thursday, March 30, 1995, at 3:30 p.m. Also as provided by the Public Housing Authority rules, Doug shall issue a written decision on the matter, see attached copy of resolution adopting the procurement policy for the Housing Authority of Iowa City, specifically Section VII, Subsection B, "Bid. Protest." Since the PHA's procedures do not contemplate an appeal to the City Council, you will have "exhausted your administrative remedies" at the local level, and may then avail yourselves, if deemed appropriate by you, of any administrative procedures established by HUD. I also wish to inform you that the question of whether the City Council, as Public Housing Authority, should award either of the above-noted bids will be considered by the City Council, sitting as Public Housing Authority, at 8:15 a.m. on Monday, April 3, 1995, in the Council Thomas D. Hobart Robert N. Downer March 29, 1995 Page 2 Chambers located at 410 E. Washington Street in the Civic Center, Iowa City, Iowa. You are cordially invited to attend, see attached. Respectfully submitted, Woito City Attorney CC: City Council City Clerk City Manager Assistant City Manager City Attorney Office Staff Bruce Haupert, Attorney for Frantz Construction Company ering/ / Attachment City of iowa City MEMORANDUM Date: March 30, 1995 To: From: Re: The Honorable Mayor Susan M. Horowitz and Members of the City Counlil Linda Newman Woito, City Attorney ~ Public Housing Authority Dispute/Protest Procedures; Clarification of Bidding Documents and Procedures for Housing Projects IA05PO22008, and IAOSPO22009, Whispering Meadows Housing Projects For your information, I provide the following: Page 38 of the Project Manual, HUD regulations, which defines "protest" and provides for procedures, see attached. You will note on page 38 of the Project Manual that a "protest" may be submitted to a "proposed or actual award," so the protsst filed before the City Council's decision or award was not premature. Also, you will note on the same page that protests "...shall be resolved in accordance with the PHA's/HA's protest policy and procedures, copies of which are maintained at the PHA/HA." As noted below, the Public Housing Authority adopted such procedures in 1991. A copy of the protest filed concerning the above housing projects and dated March 23, 1995. A copy of the procedures adopted by the City Council, sitting as the Public Housing Authority (PHA), in June 1991, see attached. You will note that the "bid protest" procedure merely provides for the contracting officer, which in this case is Doug Boothroy, would issue a written decision on the matter. You will note that there is no appeal right to the City Council. Thus, the protestor could go directly to the federal administrative agency, as provided under federal law. Questions were raised at the City Council meeting as to how Addendum //2 (dated March 13, 1995) was provided to bidders. Eileen McCahon states that she mailed Addendum //2 to all of the bidders - unless some of the bidders happened to be in her office, in which case she personally gave them a copy. I trust this will be helpful to you, and we will be discussing these matters further at your meeting on Monday, April 3, 1995. cc: City Manager City Clerk Assistant City Manager Doug Boothroy, Contracting Officer Bob Downer, Attorney for McComas-Lacina Bruce Haupert, Attorney for Frantz Construction Anne Burnside, Assistant City Attorney Attachments /o the late receipt was due eelely to mishandling by the PHNIHA attar receipt at the PHA/IHA; or (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place el matting two working days prior to the dute speciiled for recalpt el proposals. The term '"worldrig days' excludes weekends and observed holidays. (b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (s) of this provision. (c} The only acceptable evidence to establish the date el mailleg of a late bid, modification, or withdrawal sent either by registered ce trifled mail Is the U.S. oi' Canadian Postal Sewice postmark both on the envelope or wrapper and on the original receipt from Ihe U.S. or Canadian Postal Service, Both postmarks must show a legible date or the bid. modification, or withdrawal shall be processed as If mailed late. 'Postmark' means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine Impression)that is readily identifiable without further action as having been suppried and affixed by employees of the U.S, or Canadian PostalSen, ice on the date of mailing. Therefore, bidders should requestthepostalclerk to place a hand cancellation butl's-eye postmark on both Ihe receipt and the envelope or wrapper. (d) The only acceptable evidence to establish the time of receipt at the PHA/IHA Is the time/date stamp of PHA/1HA on the proposal wrapper or other documentary evidence of receipt maintained by the PHAfiHA. (e) The only acceptable evklence to establish the date of maiitng ct a late bid, modIfication, ar withdrawal sent by Express Mail Next S e n, ice-P net Office to Addressee Is tha date ante red by the post office receiving clerk on the 'Express Mall Next Day Sa~ce-Post elfice to Addressee' label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Servlce.'Pestmm'k' has the same meaning as defined In paragraph to) of this provision, excluding postmarks of the Canadian Postal Sen, Ice. Themlore, bidders should request the postal clerk to place a legib[e hand cancellation bell's eye postmark on both the receipt and Failure by e bidder to acknowledge receipt of the envelope or wrapper. (I) Notwithstanding poregraph (e) of this provision, a late mealtrice. finn el an otherwise successful bid that mckee Its terms more favorable to the PHA/IHA will be considered at any time it Is received and may be accepted, (g) Bids may be withdrawn by wdttan notice, ar If authorized bythls solicitation, by telegram (including mallgram) or facelmlle machine transmission received at any time before the exact lime set for opening of bids; provided that written cenflrmatlon o! taiegraphid or facsimile withdrawals over the signature of the bidder Is m~ed and postmarked prior to Ihe specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative If, before the exact time set for opening of bids, the Idanilly of the person requesting withdrawal Is established and the person signs a receipt tot the bid. 6. Bid Opening All bids received by the dale and time el receipt spocifisd In lite solicitation wilt be publicly opanod and read. The time and place of opening will be as specIfied In the solicitation. Bidders and other Interested persons may be present. 7. Service of Protest (a) Definitions, As used In this provision: 'Interested party' means an actual or prospe~Jve bidder whose direct economic Interact would be affected I~y the award of the Pmv',~Ja Edition is Ohschute '" Page 20~4 '~e 'Protest' means a written objection by an intera~ledpartyto Ihls oilcfiatlon or to a proposed or actual award of a contract pursuant to this solicitation. (b) Protests shstl be served on the Contracting officer by obtstnlrlg written end dated acknowledgement lmm -- Doug Boothroy, Director Housing & Inspection Services [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer] (c) Ait protests shaft be resolved In accordance with the PHA's/1HA's protest poitcy and procedures, copies PH,6JIHA. 8. Contract Award (a) The PHA~HA will evaluate bids In response to this soticifalion withe ut discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitedon, will be most advantageous to the PHA/1HA considering only price and any price-related factors specified In the soilci'lstlon. ('o) If the apparant {ow bid received In response to this solicitation exceeds the PHA's/1HA's available funding for the proposed contract wo~, the PHNIHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract sward. The PHMHA shall apply in turn to each bid (ptccaedlng In order from the apparent low bid to the high bid) each of the sepm'a~aly priced bid deductible Items, if any, In their priority order set forth In this solidetlon. If upon the application of the ilrst deductible Item to all Initial bids, a new low bid Is wIthin the PHA'ulHA's available funding, the n awan:l shallbe made to th at bidder. if no bid Is within the available funding amount, then the PHMHA shall apply the second deduct~le Item. The PHNIHA shall continue this process until an evaluated low b~, If any, Is within the PHA's/1HA's available funding, if upon the appilcatlo n of all deductibles, no bid Is within the P HA's/1HA's available funding, or If the solicitation does not request sopsrslely priced deductibles, the PHA/1HAshaiftollow Ifs written pottoy andprocedures In making any award under this solicitation. (o) In thecase oftielow bids, award shall be madeIn accordancewith the PHA'sfiHA's written policy and procedures. (d) The PHA/IHA may reject any and all bids, accept other than fine lowest bid (e.g.,the apparant low bid Is unreasonably isw), and waive InformalIties or minor Irregularities In bids received, In eccon:lance with the PHA's/1HA's written policy and procedures. (e) Unless precluded elsewhere In the soifcitatinn, the PHA/IHA may accept any item or combination of Items bid. (f) The PHA/IHA may reject any bid as nonresponsive if it Is materially unbalanced as to the prices for the various items of work to be pealermad, A bid Is materially unbalanced when it is based on prices stgnitlcentiy less than cost for some work and pitcos which are elgnificnnity overstated for other work. (g) A written award shall be furnished to the succssstulbidder within the period for acceptance sp~e~ In the bid and shall result In binding contract without further action by eIther party. g. aid Guarantee (applicable to construction and equip- meet contracts exceeding $2.5,000) MEARDON, SUEPPEL, DOWNER & HAYES P.L.C. LAWYERS IOWA CITY, IOWA 5E240-180;~ March 23, 1995 Doug Boothroy Director of Housing and Inspection Services Civic Center Iowa City, Iowa 52240 RE: McComas-Lacina Construction - City of Authority Whispering Meadows Projects No. IA 5P0220008 No. IA 5P0220009 Formal Protest Iowa city Housing Dear Mr. Boothroy: You are hereby notified that this office represents McComas- Lacina Construction, 1310 Highland Court, Iowa City, Iowa. You are hereby further notified that McComas-Lacina formally protests your decision as Contracting Officer for said project to reject McComas-Lacina's bid because of a minor irregularity in such bid when received. You are hereby further notified that said minor irregularity was cured by McComas-Lacina within a very short time following the bid opening and no prejudice has resulted to the City of Iowa City or any other bidder as a result of said minor irregularity. Under the current facts and circumstances, your decision to reject McComas-Lacina construction's bid based upon such minor irregularity is arbitrary, capricious and constitutes an abuse of any discretion given to you under the Project Manual and Specificiations. Page 2 March 23, 1995 Doug Boothroy - City of Iowa City YOUARE HEREBY FURTHER NOTIFIED that without waiving any other legal rights, McComas-Lacina Construct hereby demands that this protest be resolved pursuant to the policy and procedures of the PHA/IHA. Respectfully submitted, M ARD~Epp~ 1,~~YES ~rt P.L.C. ATTORNEY FOR MCCOMAS-LACINA CONSTRUCTION ACKNOWLEDGEMENT I, Doug Boothroy, state that I am the Director of Housing and Inspection Services for the City of Iowa City and I hereby acknowledge receipt of the above protest on March 23, 1995 at a.m. By: Doug Boothroy RESOLUTION NO. 91-155 RESOLUTION AUTltORIZlNG THE ADOPTION AND IMPLEMENTATION OF A PROCUREMENT POLICY OF THE HOUSING AUTHORITY OF IOWA CITY. WHEREAS, the Department of Housing and Urban Development ("HUD") requires the adoption by formal resolution of a procurement policy which is in compliance with federal regulations; and WHEREAS, the HUD procurement policy requirements are not in violation of state law; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public Housing Program; NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, Iowa, in its capacity as the City of Iowa City Hous'ng Authority that the attached procedures be adopted as the Procurement Policy of the Housing Authority of Iowa City. It was moved by HorowJ. tz and seconded by .~abrisco adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Ambrisco Courtnay Horowitz Kubby Larson McDonald Novick Passed and approved this 25th day of June , 1991, Approved by ity Attor~~ hka~tV,~g~th.r# VII. APPEALS AND REMEDIES A. GENERAL It is the PHA's policy to resolve all contractual issues informally at the PHA level, without litigation. Disputes s~all not be referred to HUD until all admlnistrat~ve remedies have been exhausted at the PHA level. When 9pprop~iate, the PHA may consider the use of informal discussions between the parties ~y in- dividuals who did not participate substantially in the matter in dispute, to help resolve the differences. HUD will only review protests in cases of violations of Federal law or regulations and failure of the PHA to review a complaint or protest. B. BID PROTESTS ~uny actual or prospective contractor may protest the solicitation or award of a contract for serious viola%ions ?f the pr~n?ipl~s of this Statement. Any protest against a solicitation must be received before the due date for receipt of bids or proposals, and any protest against the award of a contract must be received within ten calendar days after contract award, or the protest will not be considered. All bid prote~ts shall be in writing, submitted to the Con- tractzng officer or designee, who shall issue a written decision on the matter. The Contracting Officer may, at his or her discretion, suspend the procurement pending resolution of the protest, if warranted by the facts presented. C. CONTRACT CLAIMS All claims by a contractor relating to performance of a contract shall be submitted in writing to the Contract- ing Officer or designee for a written decision. The contractor may request a conference on the claim. The Contracting Officer's decision shall inform the contractor of its appeal rights to the Housing Ad- ministrator. 17 March 31, 1995 CITY OF IOWA CITY Robert N. Downer Meardon, Sueppel, Downer & Hayes, P.L.C., Lawyers 1 22 S. Linn St. Iowa City, IA 52240-1802 Protest filed on Whispering Meadows Housing Project Nos. IAO5PO22008 and IA05P022009 by McComas-Lacina Construction Company, Inc. Dear Mr. Downer:' On March 30, 1995, at 3:30 p.m. in my office, I met with you, Chuck McComas, and Mike Hahn to hear your protest regarding the decision to disqualify the bids submitted by the McComas-Lacina Construction Company, Inc. for the above-named projects. You requested permission to withdraw your bid for project IA05PO22009. You also withdrew your protest for the same project. I find it appropriate to allow withdrawal of the bid. Therefore, I consider the bid, as well as the protest, withdrawn. Next I considered your protest for project IA05P022008. The issue being protested was the disqualification of the McComas-Lacina Construction Company, Inc. bid due to failure to follow specific bidding procedures {i,e. non-submittal of Forms 5369-A and 2530 and incomplete Bid Form). You also protested my decision to rebid project IA05PO22008. As a result of the information provided as part of the protest meeting, I decided not to disqualify the McComas-Lacina Construction Company, Inc. bid for project IAO5P022008. I also decided not to rebid project IAOSPO22008. It is my determination that the benefits of rebidding project IAO5PO22008 do not outweigh the flaws of the bid which have now been remedied. This decision is in the public interest for the following reasons: 1. The project is kept on schedule. The bid is competitive because the net square footage cost is lower than the bids received for project IA05PO22009. 3. The Bid Form reflects use of local subcontractors. 4. The Bid Form reflects use of a minority contractor. Robert N. Downer March 31, 1995 Page 2 Because McComas-Lacina Construction Company, Inc. was the sole bidder, the bid flaws were not prejudicial to other bidders. I find McComas-Lacina Construction Company, Inc. to be the-qualified bidder for project IAOSP022008. The McComas-Lacina Construction Company, Inc. bid is "eligible for award" because it is in the best public interest and the problems regarding the bid documents/form have been/rlemedied with?ut delay. I consider this protest closed. Douglas W, Roothroy, Director Department of Housing & Inspection Services Contractintj Officer CC: City Manager Mayor a~d City Council City Attorney City Clerk