HomeMy WebLinkAboutReso 1992-16751 RESOLUTION NO. 16751
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS, WAIVING IMMATERIAL DEFECTS AND
AWARDING CONTRACT FOR EAST H STREET AND HIDDEN VISTA BUS
TURNOUT; AWARDING CONTRACT TO THE SECOND RESPONSIBLE
BIDDER, CONCRETE CONTRACTORS INTERSTATE, IN THE EVENT
ERRY CONSTRUCTION FAILS TO PROVIDE PERFORMANCE AND LABOR
BONDS WITHIN TEN WORKING DAYS AFTER RECEIVING NOTICE OF
AWARD
WHEREAS, on July 15, 1992, at 2:00 p.m., the Director of Public Works
received sealed bids for the construction of the bus turnout on East H Street in
the City of Chula Vista; and,
WHEREAS, bids were received from five contractors as follows:
Erry Construction $24,926.11
Hammer Construction 28,886.50
Concrete Contractors Interstate 31,909.50
Caves, Inc. 39,604.00
Carolyn Scheidel 46,811.00
WHEREAS, Section 1009 of the City Charter and Section 2-1 of the Contract
Special Provisions requires that the contract be awarded to the Lowest
Responsible Bidder; and,
WHEREAS, the low bid by Erry is below the engineer's estimate, however, it
has had difficulties in the past obtaining acceptable bonds; and,
WHEREAS, standard contract documents require the successful bidder to sign
the contract, provide the required insurance certificates and provide 1004
Faithful Performance and Material and Labor bonds within ten working days after
the bidder has received notice that the contract has been awarded; and,
WHEREAS, the low bid received from Erry did not contain Addendum #1 as
required, did not show items with unit prices written in words and had one
arithmetic error in the unit price of asphalt concrete payment; and,
WHEREAS, staff recommends that Council waive the irregularities in Erry
Construction's bid and find that these irregularities are immaterial based on the
following:
1. The lack of Addendum #1 at the time of submittal did not provide an
advantage to the low bidder since it was a mere correction to
typographic error. Additionally, Erry Construction did provide a
signed copy of the addendum at a later date.
2. Unit prices written in words are needed in case of disparity in the
Resolution No. 16751
Page 2
proposal between the lump sum or unit price bid shown in figures and
words. In case of disparity, unit bid price amount as stated in
words shall prevail and take precedence. Staff considers this
omission as an oversight and concurs that it does not provide any
advantage to the low bidder.
3. The arithmetic error in the unit price per ton for asphalt pavement
was another oversight and it also does not provide any advantage to
the low bidder.
4. Council has the right to waive immaterial irregularities in the bid
documents.
WHEREAS, Hammer Construction is unresponsive and not a responsible bidder
because of its failure to provide any past experience, references or evidence to
show that it has had any public or private construction experience; and,
WHEREAS, Council finds that Concrete Contractors Interstate is the second
lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept said bids, waive the immaterial defects in Erry's bid
and award the contract for East H Street and Hidden Vista bus turnout in the City
of Chula Vista to Erry Construction, known as document number C092-113, a copy
of which is on file in the office of the City Clerk, in the amount of $24,926.11.
BE IT FURTHER RESOLVED that this award is contingent on Erry Construction's
provision of 1004 faithful performance and labor bonds to the City within ten
working days after receiving Notice of the Award.
BE IT FURTHER RESOLVED that in the event that Erry Construction fails to
provide said 1004 faithful performance and labor bonds within ten working days
after receiving Notice of the Award, this award to Erry is revoked by operation
of law and the contract for East H Street and Hidden Vista turnout is awarded to
the second lowest responsible bidder, Concrete Contractors Interstate in the
amount of $31,909.50.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute said contract for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Resolution No. 16751
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 11th day of August, 1992, by the following vote:
YES: Councilmembers: Horton, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm, Moore
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
· 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. 16751 was duly passed, approved,
and adopted by the City Council held on the 11th day of August, 1992.
Executed this 11th day of August, 1992.
Authelet, City Clerk