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HomeMy WebLinkAboutReso 1999-19573 RESOLUTION NO. 19573 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING A SPECIFIC FINDING THAT IRREGULARITIES IN THE BID OF MESA CONSTRUCTION PROJECTS, INC, ARE WAIVED FOR THE BENEFIT OF THE PUBLIC; ACCEPTING BIDS AND AWARDING CONTRACT FOR "TELEGRAPH CANYON CHANNEL IMPROVEMENTS, PHASE 1, FROM NORTH OF SIERRA WAY TO "K" STREET, IN THE CITY OF CHULA VISTA, CALIFORNIA (DRl18/26591180)" PROJECT; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT THE EASEMENTS DEDICATED FOR THE CONSTRUCTION OF THIS PROJECT; AND APPROPRIATING ADDITIONAL FUNDS FROM THE TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMPACT FEE (DIF) WHEREAS, at 2:00 p.m. on July 21, 1999, in Conference Room 3 of the Public Services Building, the Director of Public Works received the following three sealed bids for the "Telegraph Canyon Channel Improvements, Phase 1, from North of Sierra Way to "K" Street, in the City of Chula Vista, CA (DR118/26591180)" Project: CONTRACTORS BID AMOUNT Mesa Construction Projects, Inc. - San Diego, CA $2,485,026.30 Nottson Construction Inc. - Romoland, CA 52,674,542.00 Archer Western Contractors, Ltd. - San Diego, CA 53,500,775.00 WHEREAS, the low bid for this project by Mesa Construction Projects, Inc. is above the Engineer's estimate of $1,855,525.00 by $629,501.30 or approximately 34%; and staff has concluded that the low bid amount represents a reasonable and fair price for doing the work involved in the project; and WHEREAS, the low bid from Mesa Construction Projects, Inc. contains some irregularities consisting of the omission of unit prices written in words in 26 bid items out of a 42 total items and the omission of the price in figures for one bid although it was included in the total bid amount; and WHEREAS, the contractor was contacted and met with Engineering staff and clarified that the omissions were inadvertent clerical mistakes made at the time data was transferred from their cost estimate spreadsheet into the bid proposal form; and WHEREAS, the Contractor presented their original spreadsheet showing that the total amount was consistent with the total amount in their bid proposal and these omissions on the bid proposal do not affect the total bid amount; and WHEREAS, the City Attorney's Office determined that these deficiencies did not affect the competitiveness outcome of the bidding process, therefore, staff recommends that CounCil waive these irregularities and award the contract to Mesa Construction Projects, Inc.; and Resolution 19573 Page 2 WHEREAS, City Charter Section 1009, provides that public works projects shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest and that the City Council may waive any defects in the bid to the extent that it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public; and WHEREAS, therefore, pursuant to the authority provided under the City Charter, Council may make a specific finding that such irregularities are waived for the benefit of the public, and may proceed to award the contract to the low bid contractor, Mesa Construction Projects, Inc. for this project who has met all City requirements for award of contract that are set forth in the bid documents; and WHEREAS, this project is primarily funded through the Telegraph Canyon Drainage Impact Fee (DIF) Funds and based on the current project funding guidelines, no prevailing wage requirements were necessary as part of the bid documents; and WHEREAS, this project involves the construction of drainage facilities in an area considered a natural waterway, and thus environmentally sensitive because of the native fauna; and WHEREAS, the City has obtained all necessary permits as required by the Army Corps of Engineers, the California Department of Fish and Game and the Regional Water Quality Control Board. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby make a specific finding that irregularities in the bid of Mesa Construction Projects, Inc. are waived for the benefit of the public. BE IT FURTHER RESOLVED that the City Council does hereby accept the three bids and award the contract for the "Telegraph Canyon Channel Improvements, Phase 1, from north of Sierra Way to "K" Street, in the City of Chula Vista, Ca. (DR118/26591180)" Project to Mesa Construction Projects, Inc. of San Diego, Ca. for $2,485,026.30. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby accept drainage easements from 34 property owners for the construction of the project and direct their recordation at the Office of the County Recorder. BE IT FURTHER RESOLVED that the sum of $930,O26.30 is hereby appropriated from Fund 542 - Telegraph Canyon Drainage Development Impact Fee to cover the additional costs of construction. Presented by Approved as to form by Resolution 19573 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of August, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Mar!Sal~,Deputy Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19573 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of August, 1999. Executed this 17th day of August, 1999. Susan Bigelow, City Clerk