HomeMy WebLinkAboutCC RESO 2021-10RESOLUTION NO. 2021 - 10
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, (1) FINDING APR CONSTRUCTION, INC. IN DEFAULT OF THE
CONTRACT FOR THE CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-
45 FOR MATERIALLY VIOLATING THE CONTRACT PROVISIONS BY PROVIDING
FALSE INFORMATION, CONSISTENT WITH SECTION 6.4.1 OF THE CONTRACT
DOCUMENTS AND (2) AUTHORIZING CITY STAFF TO PROVIDE WRITTEN NOTICE
OF TERMINATION FOR DEFAULT OF THE CONTRACTOR'S RIGHT TO PERFORM
UNDER THE CONTRACT
WHEREAS, on June 16, 2020, City Council adopted Resolution No. 2020-113
awarding a contract to APR Construction, Inc. ("Contractor") for the construction of the
Civic Center ADA Improvements project, CIP No. 19-45; and
WHEREAS, per National City Municipal Code Section 2.63, Ordinance No. 2018-
2450, Capital Improvement Projects (CIP) require the Contractor has to complete a
Contractor Responsibility Questionnaire ("Questionnaire") to determine if the bidder is
responsible and has the capability to perform the contract; and
WHEREAS, the Contractor responded "negative" to all of the questions; and
WHEREAS, after contract award, the City's Construction Manager, Innovative
Construction Consulting Services ("Consultant"), conducted additional research on the
Contractor and discovered that the Contractor had numerous legal issues that included
contract terminations and other bonding disputes; and
WHEREAS, City staff recommends the City Council find the Contractor in default
of the contract for materially violating the contract provisions by providing false
information, consistent with Section 6.4.1 of the contract documents; and
WHEREAS, City staff further recommends the City Council authorize City Staff to
provide written notice of termination for default of the Contractor's right to perform under
the contract.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1: That the City Council hereby finds APR Construction, Inc. in default
of the contract for the Civic Center ADA Accessibility Project, CIP No. 19-45, for materially
violating the contract provisions by providing false information, consistent with Section
6.4.1 of the contract documents.
Resolution No. 2021 — 10
Page Two
Section 2: That the City Council hereby authorizes City staff to provide written
notice of termination for default of the Contractor's right to perform under the contract.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 16t" day of February 2021.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz MolinCity Clerk
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California, on February
16, 2021, by the following vote, to -wit:
Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
BY:
Mayor of the City of National City, California
LUZ MOLINA
ygClerk of the City of Ny Tonal City, California
119,11
Shelley Chapel, DepuCity Clerk
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2021-10 of the City of National City, California, passed and adopted
by the Council of said City on February 16, 2021.
City Clerk of t�h(e City of National City, California