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HomeMy WebLinkAboutReso 1995-17993 RESOLUTION NO. 17993 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS, WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR "LONG CANYON CHANNEL REPAIR IN THE CITY OF CHULA VISTA, CA. (D97031)" WHEREAS, at 2:00 p.m. on July 19, 1995, in Conference Room 3 in the Public Services Building, the Director of Public Works received the following two bids for "Long Canyon Channel Repair in the City of Chula Vista, CA (D97031)": Contractor Bid Amount 1. Marquez Constructors, Inc. - Spring Valley $137,850.00 2. Rutledge Gradalls - Lemon Grove 147,623.25 WHEREAS, the low bid by Marquez Constructors, Inc. is above the Engineer's estimate of $119,600 by $18,250 or 15.26%, however, the low number of bidders and the higher prices are a reflection of the risk associated with the grading work needed for the project in light of restricted access to the site; and WHEREAS, staff recommends that the contract be awarded to Marquez Constructors, Inc. although Marquez Constructors did not show in their proposal accurate summation of bid items and the grand total for the bid did not reflect last minute changes to bid item No. 1 "Excavation and Grading"; and WHEREAS, staff recommends that Council waive this irregularity in Marquez's bid and find it immaterial based on the following: 1. The error was clerical and may be waived. 2. Unit prices written in words are needed in case of disparity between the sum prices shown in figures. In case of disparity, unit prices in words shall prevail and take precedence. In this case, written prices do reflect the actual and accurate grand total. 3. The low bidder has gained no bidding advantage by the clerical error. WHEREAS, a Streambed Alteration Agreement (5-766-93) specifying permit conditions and mitigation measures was entered into with the California Department of Fish and Game and these conditions have been incorporated into the project's specifications; and WHEREAS, the source of funding for this project is FEMA, OES and the Storm Drain Revenue Fund, therefore, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this contract; and Resolution No. 17993 Page 2 WHEREAS, no special minority or women business owned requirements were necessary as part of the bid documents, but disadvantaged businesses were encouraged to bid through the sending of the Notice of Contractors to various minority trade publications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. A Streambed Alteration Agreement (5-766-93) specifying permit conditions and mitigation measures was entered into with the California Department of Fish and Game and these conditions have been incorporated into the project's specifications. Section 2. That the City Council does hereby accept the bid of Marquez Constructions, Inc. as responsive. Section 3. The City Council finds that Nelson Roofing, Inc. has clearly made good faith effort to comply with the DBE participation goals required by Federal regulations for projects using CDBG Funds, and has therefore satisfied the DBE participation requirements and has complied with the City of Chula Vista goals, Section 4. The City Council does hereby waive immaterial defect, accept bids and award contract for "Long Canyon Channel Repair in the City of Chula Vista, California (D97031)" to Marquez Constructors, Inc. in the amount of ~137,850. Section 5. The City Council does hereby appropriate from the Federal Disaster Assistance Fund (601) ~37,084 in Federal (FEMA) share funds, and ~24,113.00 in State share funds, plus, ~55,884 from the Storm Drain Revenue Fund (227) to Project #D97031. Section 6. The Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. The contract, known as Document No. CO95-129, is on file in the office of the City Clerk. JD?,hector of Pi b,,c works Resolution No. 17993 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of August, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirl,ey Horton, Mayor ATTEST: Beverl;~'A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17993 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of August, 1995. Executed this 8th day of August, 1995.