HomeMy WebLinkAboutCC RESO 2021-17RESOLUTION NO. 2021 - 17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, 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
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, on February 16, 2021 City Council adopted Resolution 2021-10 which
found APR Construction, Inc. 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, based on the action taken during the February 16, 2021 City Council
Meeting, City staff issued a written Notice of Termination for Default to the Contractor
and its Surety to terminate the Contractor's right to perform under the Contract, and is
coordinating with Surety to assume all rights, obligations, and liabilities of the Contractor
under the Contract; and
WHEREAS, after the February 16, 2021, City Council Meeting, the City Clerk
notified City staff that one (1) public comment submitted by APR Construction, Inc. in
regards to this item was inadvertently missed during the February 16, 2021 City Council
Meeting; and
WHEREAS, to ensure that the City Council was provided an opportunity to
consider APR Construction, Inc.'s public comment, City staff brought this matter back
before the City Council on March 16, 2021; and
Resolution No. 2021 — 17
Page Two
WHEREAS, City staff reiterates its recommendation the City Council to find APR
Construction, Inc. 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 a second 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.
Section 2: That the City Council hereby authorizes City staff to provide a second
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 16th day of March, 2021.
Alejan_ra Sotelo-SOlis, Mayor
ATTEST:
•
Luz Molina, iity Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr.,i Attorney
Passed and adopted by the Council of the City of National City, California, on March 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
Mayor of the City of National City, California
LUZ MOLINA
City Clerk of the City of National City, California
BY:
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2021-17 of the City of National City, California, passed and adopted
by the Council of said City on March 16, 2021.
he City of National City, California