That the City Council:
A. Approve Plans and Specifications for the Annual Sidewalk and Curb Access Ramp Improvements Fiscal Year 2020-2021, City Project No. 3-R-20;

B. Award construction contract for the Annual Sidewalk and Curb Access Ramp Improvements Fiscal Year 2020-2021, City Project No. 3-R-20 to Horizons Construction Co. Int'l, Inc., of Orange, California, in the amount of $271,990.00 and reject all other bids; and

C. Approve and authorize the City Manager to execute an agreement with Horizons Construction Co. Int'l, Inc., of Orange, California, in the amount of $271,990.00; and authorize staff to issue a purchase order to Horizons Construction Co. Int'l, Inc., of Orange, California, in the amount of $299,189.00, which includes a 10 percent contingency.

The proposed Annual Sidewalk and Curb Access Ramp Improvements Fiscal Year 2020-2021 Project shall consist of, but not be limited to the following work elements: mobilization, preparation and implementation of stormwater best management practices; traffic control; safety and cleanup; construction staking and monument perpetuation; removal and construction of PCC sidewalks, curbs, gutters and driveways; root pruning; and all other incidental work as indicated on the plans, specifications, and contract documents.

The apparent lowest bid, as submitted by Horizons Construction Co. Int'l, Inc. in the amount of $271,990.00, is approximately 6% lower than the Engineer’s estimate of $289,000.00.  During the initial bid review, staff found some minor discrepancies within the Horizons Construction Co. Int'l, Inc. bid.  Subsequently, on October 27, 2021, a bid protest letter was submitted by Vido Samarzich, Inc., the second apparent low bidder, requesting the City deem the lowest bidder as non-responsive (Attachment 4).

Staff consulted with the City's Attorney's Office for bid review and advice. The City Attorney's Office recommendation was to proceed with award of contract to Horizons Construction Co. Int'l, Inc., as they found the bid discrepancy irregularities to be minor in nature and not substantial enough to deem the lowest apparent bid to be non-responsive.  On November 3, 2021, staff responded in writing to Vido Samarzich, Inc., notifying them about the City's decision to recommend awarding a contract to Horizons Construction Co. Int'l, Inc.(Attachment 3).

Staff completed a thorough review of Horizons Construction Co. Int'l, Inc.'s bid, as well as their references, and found their construction services to be satisfactory. Additionally, they had completed similar projects for the Cities of Anaheim, San Clemente, and Apple Valley and there does not appear to be a record of excessive change order requests from the contractor.  They also currently maintain a valid Contractor’s License. 

This project is included in the Fiscal Year 2020-2021 Capital Improvement Program (CIP) with a total approved budget of $350,000 (Gas Tax Fund); therefore, sufficient funding has already been appropriated to complete the construction of the Annual Sidewalk and Curb Ramp Improvements Fiscal Year 2020-2021 Project, City Project No. 3-R-20.