HomeMy WebLinkAboutReso 1991-16302 RESOLUTION NO. 16302
MAKING A FINDING THAT INTERWEST PACIFIC, LTD. IS NOT A
RESPONSIVE BIDDER; REJECTING THE LOWEST BIDDER; WAIVING
IMMATERIAL DEVIATIONS IN THE SECOND LOWEST BIDDER;
ACCEPTING THE SECOND LOWEST BIDDER; AND AWARDING THE
CONTRACT FOR "STORM DRAIN IMPROVEMENTS IN SIERRA WAY
FROM BROADWAY TO COLORADO AVENUE IN THE CITY OF CHULA
VISTA, CA" TO DIETRICH CORPORATION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the Director of Public Works received sealed bids for "StormDrain
Improvements in Sierra Way from Broadway to Colorado Avenue in the City of Chula
Vista, CA" on June 12, 1991, at 2:00 p.m. in the Public Services Building; and,
WHEREAS, funds for this multi-year project have been previously
appropriated from Federal Housing and Urban Development (Community Block Grant),
Gas Tax, and General Fund revenues; and,
WHEREAS, the work includes but is not limited to installation of reinforced
concrete pipe, drainage inlets, storm drain cleanouts, removal of existing
drainage channel, and placement of asphalt concrete overly; and,
WHEREAS, bids were received from nine contractors for Alternate A and
Alternate B as follows:
Alternate A Alternate B
Interwest Pacific, LTD-Del Mar $310 635 $336,116
Dietrich Corporation-E1Cajon 310 974 No Bid
Caves Construction-San Diego 318 040 No Bid
Walter H. Barber & Son-La Mesa 387 782 No Bid
H.S. Excel Corporation-San Marcos 397 880 No Bid
Mur-Vic Construction Co.-E1Cajon 414 301 No Bid
Arrieta Construction Inc.-E1Cajon 415 710 512,460
Roca Construction-Spring Valley 419 701 331,200
Duarte & Baum, Inc.-La Mesa 456 789 No Bid
WHEREAS, the City is desirous of awarding a contract for Alternate A; and,
WHEREAS, staff evaluated the performance and effort of the lowest bidder,
Interwest Pacific, LTD. ("Interwest") in meeting the City's Minority Business
Enterprise {MBE} and Women Business Enterprise {WBE} Construction program goals
of 15~ MBE and 1~ WBE participation; and,
WHEREAS, Interwest is not itself considered a MBE under the City's adopted
policy and only achieved an MBE participation of 9.3~; and,
WHEREAS, staff evaluated whether or not Interwest made a "good faith"
Resolution No. 16302
Page 2
effort in soliciting MBE participation and, after reviewing information provided
by the contractor, determined that Interwest failed to make a good faith effort
because it failed to use reasonable means specified in the City's adopted policy
to notify and solicit bids from minority business enterprises; and,
WHEREAS, Dietrich's incomplete response on the "Party Disclosure" for has
been cured by submission of a properly completed form, resulting in no advantage
or price difference in the bid. The bid deviation is immaterial and should be
waived by Council; and,
WHEREAS, Dietrich's bid failed to list D.L.C. and C. Trucking on the
Designation of Subcontractors form as a subcontractor receivin~ in excess of
$10,000 of the total contract, but was not the result of bid shopping and did not
affect the total amount of the bid, was considered immaterial and should be
waived by Council; and,
WHEREAS, staff evaluated the performance of the second lowest bidder,
Dietrich Corporation {"Dietrich"} in meeting the City's Minority Business
Enterprise {MBE} and Women Business Enterprise {WBE} Construction program goals
of 154 MBE and 14 WBE participation, and found that Dietrich achieved said goals;
and, -
WHEREAS, applicable Federal Housing of Urban Development rules and
regulations require that the City award a firmfixed-price contract to the lowest
responsive and responsible bidder whose bid conforms with all the material terms
and conditions of the invitation for bids including achieving the City's MBE/WBE
goals or establishing a good faith effort to do so.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find the above recitals facts to be
true, and based on these facts, finds that Interwest is not a
responsive bidder; waives the immaterial deviations in Dietrich's
bid; and finds that Dietrich is a responsive and responsible bidder.
SECTION 2. The City Council does hereby reject the lowest bid by Interwest,
accept the second lowest bid by Dietrich as the lowest responsive
and responsible bidder, and award the contract for "Storm Drain
Improvements in Sierra Way from Broadway to Colorado Avenue in the
City of Chula Vista, CA" to Dietrich Corporation, known as document
number C091-181, a copy of which is on file in the office of the
City Clerk, in the amount of $310,974 to be completed in accordance
with the specifications approved by the Director of Public Works.
SECTION 3. The City Council does hereby direct and authorize the Mayor of the
City of Chula Vista to execute said contract for and on behalf of '
the City of Chula Vista.
Resolution No. 16302
Page 3
SECTION 4. This resolution shall take and be in full force and effect
immediately upon the passage and adoption hereof.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
resolution; shall enter the same in the book of original resolutions
of said City; and shall make a minute of the passage and adoption
hereof in the minutes of the meeting at which the same is passed and
adopted.
Presented by Approved as to form by
Director of Community Development y
~'~DDirector of Public Works
Resolution No. 16302
Page 4 '
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 13th day of August, 1991, by the following vote:
YES: Councilmembers: Grasser Horton, Moore, Nader, Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
Tim Nader, Ma3~rr
ATTEST:
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. 16302 was duly passed, approved,
and adopted by the City Council held on the 13th day of August, 1991.
Executed this 13th day of August, 1991.
~]-/Auth~let, City ClerkB