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HomeMy WebLinkAboutReso 1992-16576 RESOLUTION NO. 16576 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING CAVES BID A IS NON-RESPONSIVE; ACCEPTING CAVES BID B AS THE LOWEST RESPONSIBLE BIDDER; RE-APPROPRIATING FUNDS; AND AWARDING CONTRACT FOR "FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET AND ORANGE AVENUE IN THE CITY OF CHULA VISTA, CA"; AND RESERVING THE RIGHT TO REJECT ALL OTHER BIDS WHEREAS, at 2:00 p.m. on March 4, 1992, in Conference Room I in the Public Services Building, the Director of Public Works received sealed bids for street improvement work identified in the bid specifications: "Fifth Avenue Improvements between Naples Street and Orange Avenue in the City of Chula Vista, CA"; and, WHEREAS, 18 bids were received from 9 separate contractors each of which submitted two alternate bids: one based on the premise that they would have to pay their labor prevailing wages and one on the premise that they would not have to pay such wage scale, as follows: 1. Caves, Inc. San Diego Alternative A $ 167,385.00 2. Caves, Inc. San Diego Alternative B $ 896,806.00 3. Southland Paving Escondido Alternative A $ 925,250.50 4. Superior Ready Mix Concrete L.P. San Diego Alternative A $ 936,420.00 5. Erreca'$ Inc. Spring Valley Alternative A $ 953,002.00 6. Erreca's Inc. Spring Valley Alternative B $ 953,002.00 7. T.B. Penick & Sons, Inc. San Diego Alternative A $ 971,153.00 8. Superior Ready Mix Concrete L.P. San Diego Alternative B $ 972,926.80 9. Southland Paving Escortdido Alternative B $ 979,187.75 10. Carolyn E. Scheidel-Contractor La Mesa Alternative A $ 996,699.00 11. R.E. Hazard Contracting Co. San Diego Alternative A $1,016,007.20 12. R.E. Hazard Contracting Co. San Diego Alternative B $1,016,007.20 13. L.R. Hubbard Construction Co., Inc. San Diego Alternative A $1,022,547.04 14. RLF, Inc. San Diego Alternative A $1,062,080,60 15. RLF, Inc. San Diego Alternative B $1,062,080,60 16. Carolyn E. Scheidel-Contractor La Mesa Alternative B $1,070,530,00 17. T.B. Penick & Sons, Inc. San Diego Alternative B $1,110,657,00 18. L.R. Hubbard Construction Co., Inc. San Diego Alternative B $1,172,319,94 Resolution No. 16576 Page 2 WHEREAS, the lowest bid, a non-prevailing wage bid, was a bid submission for from Caves, Inc. for the purposes of complying with the bid specifications of submitting a mandatory non-prevailing wage bid, but was defective in a manner that should not, in the opinion of the City Attorney, permit waiver of defects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby deem that Caves Inc. Bid A was a sufficient bid for the purposes complying with the mandatory bid submission requirements of bid specifications, but that it was materially non-responsive for the purposes of accepting same in a manner that may not be waived, and same is rejected. BE IT FURTHER RESOLVED that the City Council does hereby conditionally accept Caves Inc. Bid B as responsive and direct the Mayor to execute a contract with Caves Inc., known as document number C092-055, a copy of which is on file in the office of the City Clerk, on the basis of Bid Alternative B, a prevailing wage bid, in the amount of $896,806.00, as the lowest responsible bidder, the condition of this acceptance, direction and resolve being that a writ, injunction, stay or other order is not issued by a court of competent jurisdiction within 30 days after passage and adoption, constraining the City to the contrary. BE IT FURTHER RESOLVED that if the contract or proposed contract is set aside as a result of litigation, Council reserves the option to reject all bids and to rebid or defer construction of the project. BE IT FURTHER RESOLVED that the City Council does hereby create a new CIP Budget Project account identified as the "Fifth Avenue, Naples to Orange Avenue Improvements"; reappropriate all unencumbered funds in the CIP Budget Projects referred to as the "Fifth Avenue, Naples to Oxford, Street Improvements" of $221,718.33, and "Fifth Avenue, Oxford to Orange, Street Improvements" of $583,759.07 to the "Fifth Avenue, Naples to Orange Avenue, Improvements" account, reappropriate $255,022.60 from the CIP Budget Project called "Broadway, F to I Improvement Reconstruct Project" to the newly created Fifth Avenue, Naples to Orange Avenue Improvements. Presented by Approved as to rm by Resolution No. 16576 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 21th day of April, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: B~verly"~(~ 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. 16576 was duly passed, approved, and adopted by the City Council held on the 21th day of April, 1992. Executed this 21th day of April, 1992. Beverly ~.Authelet, City Clerk