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HomeMy WebLinkAboutReso 1994-17490 RESOLUTION NO. 17490 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CERTAIN BIDS AND AWARDING CONTRACT FOR "TREE PLANTING PROJECT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-189)" WHEREAS, at 2:00 p.m. on April 20, 1994 in Council Chambers in the Public Services Building, the Director of Public Works received the following sealed bids for "Tree planting project at various locations in the City of Chula Vista, CA (PR-189)": 1. New World Landscape Co. - San Diego $42,400.00 2. Heffier Company, Ine.- San Diego 65,104.00 3. A & B Landscaping. - San Diego 68,640.00 4. Atlas Environmental Services, Ine.- Spring Valley 76,899.00 S. Golden Bear Arborists, Inc, - Monrovia 87,920.00 6. GIM General Engineering - Endnitas 117,120.00 WHEREAS, staff urges the rejection of the low bid by New World Landscape because the contractor license is held by a City employee and the employee's supervisor or other superiors will be required to approve the work required under this contract in violation of Section 1126, "Inconsistent, incompatible or conflicting employment, activity or enterprise by local agency officer or employee; political activities not restricted" which provides, in part, as follows: "(a) ...a local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed. The officer or employee shall not perform any work, service, or counsel for compensation outside of his or her local agency employment where any part of his or her efforts will be subject to approval by any other officer, employee, board, or commission of his or her employing body, unless otherwise approved in the manner prescribed by subdivision (b)."; and, the City's Incompatible Activities Code which provides, at Section II.A, as follows: "All employees and officers of the city and Agency are prohibited from engaging in any outside employment, enterprise, or activity for compensation that is not expressly authorized by the City or Agency which:.. . Resolution No. 17490 Page 2 5. may be subject to direct or indirect inspection, review, audit, control, approval, or enforcement by any City or Agency employee or officer; . , and, WHEREAS, the second lowest bid was submitted by Heffler Company, Inc. and is below the Engineer's estimate of $65,680 by $576, and staff recommends awarding contract to Heffler Company, Inc.; and, WHEREAS, the City's Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, Section 15301 "Minor Alteration" of the California Environmental Quality Act. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER, AS FOLLOWS: SECTION 1. The City Council does hereby concur in the determination of the City's Environmental Review Coordinator that this project is categorically exempt under Class 1, Section 15301 "Minor Alteration" of the California Environmental Quality Act. SECTION 2. The City Council hereby rejects the bid of New World Landscape for the reasons recommended by Staff hereinabove set forth and incorporated herein by such reference. SECTION 3. The City Council accepts the second lowest bid and awards the contract for "Tree planting project at various locations in the City of Chula Vista, CA (PR- 189)" to Heffler Company, Inc., known as document number CO94-066, a copy of which is on file in the office of the City Clerk, in the amount of 865,104.00. SECTION 4. The Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Appro'~e)d as to form · :i i:' ''/ J n P. Li ~ruce M. Boogaard f Public Works City Attorney Resolution No. 17490 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of May, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Vicki C. Soderquist, Delbut¥ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17490 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of May, 1994. Executed this 17th day of May, 1994. Vicki C. Soderquist, Deput~y-.qity Clerk