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HomeMy WebLinkAboutReso 1993-17267 RESOLUTION NO. 17267 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF HILLTOP PARK, PHASE I IMPROVEMENTS IN THE CITY OF CHULA VISTA, AND REAPPROPRIATING $51,892 FROM CIP PROJECTS PR152 LOS NINOS RESTROOM AND PR168 MEMORIAL PARK IMPROVEMENTS PHASE II TO PR175 HILLTOP PARK IMPROVEMENTS WHEREAS, at 2:00 p.m. on August 25, 1993 in the Public Services Building, the Director of Public Works received the following six sealed bids for the construction of Hilltop Park, Phase I Improvements in the City of Chula Vista: CONTRACTOR B~e Bid Reset 1. Clancy Constructors Company, E1 C~on $257,192.00 2. Castclio, Inc., Escondido $308,200.00 3. Western Landscape, San Diego $323,124.00 4. L.R. Hubbard Construction, San Diego $342,945.80 5. Carolyn Scheidel Company, La Mesa $387,618.00 6. Heffier Company, Inc., San Diego $393,881.00 WHEREAS, the low bid received from Clancy Constructors Company is above the Engineer's estimate of $250,,353.00 by $6,839.00 or 2.74 and Engineering staff has reviewed the low bid and recommend awarding the contract to Clancy Constructors; and, WHEREAS, Clancy Constructors did not show in their proposal some items with the lump sum prices written in words, however, they did write the complete proposal in figures and also made a mistake in entering item No. 8 "Site furnishings" as only $576 in figures with no written words instead of $ 6,576, however, the contract total sum reflected their actual figure of $6,576; and, WHEREAS, said figure is consistent with the remaining bids for this item which ranged between $6,620 and $10,200 and Clancy Constructors will not do the work for the lesser figure as the figure provided was a clerical error and the total amount bid included the higher amount; and, WHEREAS, staff recommends that Council waive these irregularities in Clancy's bid and find it immaterial based on the following: 1. Unit prices written in words are needed in case of disparity between the sum prices shown in figures and words. In case of disparity, unit prices in words shall prevail and take precedence. In this Resolution No. 17267 Page 2 case, the lack of written prices did not provide an advantage to the low bidder. 2. The typographic error in Item No. 8 was consistent with other bids received for this item and with the total sum shown on the bid proposal and it also does not provide an advantage to the low bidder. 3. Council has the right to waive immaterial defects in the bid documents. If we reject the low bidder, it will cost the City an additional $51,008 which is the difference between the first and second low bidder or about a 204 increase. WHEREAS, the City's Environmental Review Coordinator has determined that this project is categorically exempt under class 3, Section 15303 "Construction of Limited Facilities" of the California Environmental Quality Act; and, WHEREAS, the source of funding for this project is the Park Acquisition and Development Fund and no prevailing wage requirements were necessary as a part of the bid documents; and, WHEREAS, compliance with Federal and State Minority and Women owned business requirements was unapplicable on this project, however, Disadvantage Business Enterprises were encouraged to participate; and, WHEREAS, it is necessary to reappropriate funds from PR152 and PR168 to PR175. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive immaterial defect and accept the six bids for the construction of Hilltop Park, Phase I improvements in the City of Chula Vista, California and award the contract to Clancy Constructors, known as document number C093-210, a copy of which is on file in the office of the City Clerk, in the amount of $257,192.00. BE IT FURTHER RESOLVED that the sum of $51,892 is hereby reappropriated from 600-6004-PR152 Los Ninos Restroom ($22,570) and 600-6004-PR168 Memorial Park Improvements Phase II ($29,570) to 600-6004-PR175 Hilltop Park Improvements. Presented by A.ppro ed as to Dire Public Works ' Resolution No. 17267 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of October, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None TiFn' Nader, Mayor ATTEST: Beverly 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. 17267 was duly passed, approved, and adopted by the City Council held on the 5th day of October, 1993. Executed this 5th day of October, 1993. Beverly ~.'Authelet, i~y C erk "I lie T'