Loading...
HomeMy WebLinkAboutReso 1990-15977 RESOLUTION NO. 15977 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE LOWEST BID, ACCEPTING THE SECOND LOWEST BID, TRANSFERRING FUNDS, APPROPRIATING FUNDS, AND AWARDING THE CONTRACT FOR "NORMAN PARK CENTER RENOVATION AND EXPANSION IN THE CITY OF CHULA VISTA, CALIFORNIA" The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at 2:00 p.m. on October 24, 1990, in the Public Services Building, the Director of Public Works received sealed bids for "Norman Park Senior Center - Renovation and Expansion in the City of Chula Vista, California"; and WHEREAS, funds for this project were budgeted in FY 1985-86, FY 1986-B7, FY 1988-89 and FY 1989-90; and WHEREAS, the work includes, but is not limited to, demolition of a majority of the existing Center; construction of a new two-story Center, including meeting rooms, library, kitchen, restrooms, gallery/seating area, staff and volunteer office space, conference rooms and office space for senior social service providers; and installation of new landscaping, trellis work and a concrete patio and entryways; and WHEREAS, bids were received from eight contractors as follows: J. K. Palmer Construction Co. San Marcos, CA $ 2,265,900 Davidson Construction Co. San Diego, CA 2,300,000 L. R. Hubbard Construction Co. San Diego, CA 2,322,000 Diversified Turnkey National City, CA 2,430,000 Killigallan Construction Co. San Diego, CA 2,444,444 Straub Construction Fallbrook, CA 2,450,000 Marper Construction Co. San Diego, CA 2,528,928 Hankins Corporation National City, CA 246,000,573* *This bid was apparently written incorrectly by the bidder. However, this bid was transcribed verbatim from the bid form. WHEREAS, staff evaluated the performance and effort of the lowest bidder, J. K. Palmer {"Palmer") in meeting the City's Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Construction goals of 15% MBE and 1% WBE participation; and Resolution No. 15977 Page 2 WHEREAS, Palmer achieved an MBE participation of 1% and a WBE participation of less than 1%; and WHEREAS, since Palmer did not achieve the City's goal, staff evaluated the effort by Palmet in soliciting minority business participation, to determine whether or not a "good faith effort" was made and after reviewing the information provided by the contractor, staff determined that the contractor failed to make a good faith effort and, therefore, did not meet the bid specifications as a qualified bidder for the following reasons: 1. The contractor did not document outreach by mail. A postcard which the Contractor claims was sent out was only provided to staff after the contractor had been informed of staff's recommendation. A1 so, the postcard listed the wrong bid date. 2. The contractor did not document outreach by phone. Undocumented phone calls were made to only 17 MBEs for 26 significant job opportunities. 3. The contractor appears to have passed up a competitive MBE bid for earthwork/demolition. 4. When the contractor was given an additional opportunity to add MBE suppliers, he was unable to do so. WHEREAS, staff evaluated the performance and effort of the second lowest bidder, Davidson Construction Company ("Davidson") and found that it had achieved a 7.5% MBE participation and 3% WBE participation; and WHEREAS, since Davi:dson did not achieve the City's goal for MBE participation, staff did further evaluation to determine if a good faith effort was made to solicit minority business participation and after reviewing the information provided by the contractor, staff determined that the contractor did make a good faith effort and, therefore, did not meet the bid specifications for the following reasons: 1. The contractor documented 33 postcards mailed to MBEs to solicit participation. 2. The contractor documented 33 phone calls to MBEs to follow-up. 3. The contractor does not appear to have passed up any competitive bids from MBEs. WHEREAS, if the City were to accept the bid from J. K. Palmer Construction, it would be very difficult for the City to achieve its MBE goal of 15% on CDBG-funded projects for 1990-91, therefore, it is staff's recommendation to reject the lowest bid, accept the second lowest bid, and award the contract to Davidson Construction Company, and ResolUtion No. 15977 Page 3 WHEREAS, the Parks and Recreation Commission, the Commission on Aging, and Design Review Committee approved the revised master plan for this project which added a second story to theloriginal approved one-story building. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does find the above recited facts to be true. BE IT FURTHER RESOLVED that the City Council does hereby find that Palmet failed to meet the bid specifications and that Davidson complied with the bid specifications.. BE iT FURTHER RESOLVEb '~that the City Council dOeS hereby find that, to the extent that Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U), and the City's policy as incorporated in Resolution No. 11213, approving a Minority Business Enterprise (MBE)/Women Business Enterprise (WBE)/Section 3 Plan for Community Development Block Grant Projects requires a finding that Palmer is not a "responsible bidder" for failure to comply with or use good faith efforts to achieve the City's affirmative action goals for said program, Palmet is not a "responsible ~fdder"~ .... BE IT FURTHER RESOLVED that the City Council hereby rejects Palmer's bid and does hereby accept Davidson's bid as the lowest responsive bid from the lowest responsible bidder, and does hereby award the contract for "Norman Park Senior Center - Renovation and Expansion in the City of Chula Vista" to Davidson Construction Company in the amount of $2,300,000 to be completed in accordance with the specifications approved by ~he DireCtor of Public WOrkS. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract, known as document number C090-283, for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the following funds are hereby transferred from the stated source to a Norman Park Senior Center account to be established by the Director of Finance: 1. Transfer $4,375 from Completed Park Projects 2. Transfer $49,347 from Completed Non-Park Projects 3. Transfer $424,721 from Deferred Park Projects #11-19 4. Transfer $116,079 from Deferred Non-Park Projects 5. Transfer $175,096 of Gas Tax to CDBG Projects BE IT FURTHER RESOLVED that the amount of $220,000 is hereby appropriated from unappropriated RCT funds to a Norman Park Senior Center account to be established by the Director of Finance. Resolution No. 15977 Page 4 BE IT FURTHER RESOLVED that staff is hereby directed to come back with a Section 108 loan application, in the amount of $750,000 for Council consideration, to fund the remaining balance. Presented by Approved as to form by Jess'V/al enZUe'ar J L Director of Public Works Ch~ls Sal oreone Director of Development Director Resolution No. 15977 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of December, 19gO by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None Ga~/le L. McCandliss, Mayor ATTEST: Beverly ~. 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. 15977 was duly passed, ap roved, and adopted by the City Council of the City of Chula Vista, CaVifornia, at a regular meeting of said City Council held on the 18th day of December, lggO. Executed this 18th day of December, lggO.