HomeMy WebLinkAboutReso 2008-266RESOLUTION NO. 2008-266
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING DEFECTS IN THE BID,
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL
YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA
(SW250B)" PROTECT TO BURTECH PIPELINE, INC. IN THE
AMOUNT OF $574,176.50
WHEREAS, on April 15, 2008, pursuant to Resolution No. 2008-096, the City Council
awarded a contract for "Sewer Rehabilitation Program -Phase 1, fiscal year 2005/2006 and fiscal
year 2006/2007 and fiscal year 2007/2008 various locations in the City of Chula Vista
(SW240A)" to KTA Construction, Inc.; and
WHEREAS, the Sewer Rehabilitation Program-Phase 1 is nearly complete; and
WHEREAS, City staff prepared specifications for the "Sewer Rehabilitation Program -
Phase 2, fiscal year 2005/2006 to fiscal year 2007/2008 various locations in the City of Chula
Vista (SW250B)" project and advertised the project on September 26, 2008; and
WHEREAS, on October 15, 2008, the Director of Engineering received three sealed bids
for the project; and
WHEREAS, staff carefully analyzed the three bids submitted and determined that, while
all three bids contained minor errors, the apparent low bidder's mathematical error favors the
City and is insignificant; and
WHEREAS, Section 1009 of the City Carter allows the City Council to waive any
defects in any bid to the extent it finds at a public hearing held for that purpose that it is
necessazy to do so for the benefit of the public; and
WHEREAS, Burtech Pipeline, Inc. made a minor error of $220.00 in their submitted bid
of $574,176.50 and has submitted written acknowledgment of its error agreeing to perform for
the contract price it submitted; and
WHEREAS, Burtech Pipeline, Inc.'s bid is ]0% below the Engineer's estimate of
$638,075; and
WHEREAS, pursuant to Council Policy No. 574-01, the Director of Public Works is
authorized to approve change orders amounting to $10,000 plus 7% of the original contract
amount over $100,000 for contracts between $100,000 and $1,000,000 and City Council
approval is required for approval of a change order exceeding this amount; and
Resolution No. 2008-266
Page 2
WHEREAS, for this project, that amount is $43,192.36; and
WHEREAS, staff recommends waiving Council Policy 574-O1 and authorizing the
Director of Public Works Operations to approve change orders as necessary up to the
contingency amount of $64,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
1. That it finds that it is necessary for the benefit of the public to waive the defect
in the bid submitted by Burtech Pipeline, lnc. because the error is in the City's
favor and will save the City money.
2. That it waives the defect in the bid submitted by Burtech Pipeline, Inc.
3. That it accepts bids and awards the contract for the "Sewer Rehabilitation
Program-Phase 2, fiscal yeaz 2005/2006 to fiscal yeaz 2007/2008 vazious
locations in the City of Chula Vista, California (SW250B)" project to Burtech
Pipeline, Inc in the amount of $574,176.50.
4. That it waives Council Policy 574-01 and authorizes the Director of Public
Works Operations to approve change orders as necessary up to the
contingency amount of $64,000.
Presented by
Richaz A. Hopl ' s
Engineering Di ctor
Approved as to form by
~~' ~~
Bart C. Miesfeld
Interim City Attorney
Resolution 2008-266
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 25th day of November 2008 by the following vote:
AYES: Councilmembers: Castaneda, McCatm, Ramirez, Rindone, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, or
ATTEST:
oiSh.~
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2008-266 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day of November 2008.
Executed this 25th day of November 2008.
Donna R. Norris, MC, City Clerk