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HomeMy WebLinkAboutAgenda Statement 1974/08/06 Item 29 AGENDA ITEM NO. [ 29 ] CHULA VISTA CITY COUNCIL MEETING OF: August 6, 1974 ITEM TITLE: Resolution - Accepting Bids and Appropriating Funds for Outdoor Recreation Facility under Joint Powers Agreement-- City of Chula Vista and Sweetwater Union High School District INITIATED BY: Director of Parks and Recreation BACKGROUND Attached is a report on the bids which were opened by the Sweetwater Union High School District, to be completed under the joint powers agreement with the City of Chula Vista. As noted in the letter from Mr. Tucker, Business Manager for the Sweetwater Union High School District, the District Board of Trustees will meet on August 5, 1974, to consider the awarding of these bids; however, the City has, under the joint powers agreement, the right to concur or reject before final awarding of this contract. As explained in the letter, the low bid by FEJERAN ELECTRIC COMPANY is being recommended for rejection because of bidding procedure irregularities. Mr. Tucker has asked for our opinion concerning this rejection. A report from the City Attorney's office is attached. Using the low second bid provided by GFA ELECTRIC, which has a base bid of $109,462, the joint powers agreement states that the City will pay 50% of the cost, which would be $54,731. In our earlier projec- tion, we had estimated the cost for this refurbishing and lighting of courts at $92,640. Using this estimate, we requested and Council ap- proved 50% ($46,320) from revenue sharing funds during the budget year 1974-75. It will now be necessary to ask for an additional appropri- ation to cover the difference in the estimated and the actual bid price. The City's share of this difference would be $8,411. (Continued on supplemental page) ATTACHED: Resolution [X] Ordinance [ ] Agreement [ ] Plat [ ] See EXHIBITS [X] No. 1,2,3 Financial Statement: Appropriation of $8,411 from revenue sharing funds. Commission-Board Recommendation: N. A. Department Head Recommendation: Approval of resolution City Manager Recommendation: Concur. (It is noted that the schools went to second low bidder for reason of the low bidder failing to comply with their bidding procedure requirements.) W7VD5 .....--.=--....--....,,-..... -- .. AGENDA ITEM NO. 29 Supplemental Page No.2 In conclusion, this project again points toward the spiraling cost of providing adequate recreation facilities, and I recommend that we accept the base bid, because I feel that if we re-bid these tennis courts, not only will we experience further delay in construction, but we will also find that re-bidding will only add to the cost of this project, due to inflation. ...' ,- ~ ---- 7! 7/fC6 , City O~ ChuQa CVista CALIFORNIA OFFICE OF TIIE CITY ATTORNEY DATE: July 31, 1974 TO: The Honorable Mayor and City Council of the City of Chula Vista Craig K. Beam, Assistant City Attorney C' /(//[? FROM: SUBJECT: Acceptance of Bids Awarded Pursuant to the Joint Powers Agreement The Director of Parks and Recreation has requested that I indicate the City's options in rejecting the bids solicited pursuant to the Joint Powers Agreement between the Sweetwater Union High School District and the City of Chula Vista. Mr. Hall has indicated the school district, through their attornies, have rejected the low bid by Fejeran Electric Company for reasons of irregularities in the bidding procedure. This office has been asked whether or not the bid can similarly be rejected by the City of Chula Vista. The irregularities involved were first, the failure by Fejeran Electric Company to sign the bid form. Additionally, the designa- tion of the subcontractor was not signed as required in the bid documents. The final error and omission in the bid was the failure to provide a set bid bond at the time the bids were submitted. A bid bond was later provided from State Farm Insurance Company, as well as a performance bond that would be forthcoming in the event that Fejeran Electric Company was awarded the contract. Ordinance 1197 Section 2.507(3) relating to the awarding of con- tracts between the City of Chula Vista provides that: In the event a bidders' security is required, no bid shall be considered unless the required security is submitted therewith. The omission by Fejeran Electric Company to provide a set bid bond is in an error which allows the City of Chula Vista to re- ject their bid in favor of the next low bid. 276 Fourth Avenue, Chula Vista, CA 92010 (714) 427-3300 --', J) ~! fil 't....' ~f) '! i v_.) . The Honorable Mayor and City Council July 31, 1974 P ag e 2 It is the recommendation of this office that pursuant to the Joint Powers Agreement executed between the Sweetwater Union High School District and the City of Chula Vista that the bid be awarded to GFA Electric as the lowest responsible bid. As Mr. Hall has explained, it is the intention of the Sweetwater Union High School District to do similarly. CKB:clb cc: Emerson Hall, Director of Parks and Recreation John Thomson, City Manager "..--..., ( ~/jfCS Form No. F-229 12/73 CERTIFICATE OF CITY/DIRECTOR OF ?INANCE Certification of Unappropriated Bal~ Amount $ I HEP.EBY CERTIFY that the mon'2Y required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasu:y, or is anticipated to come into the Treasury, and is otherwise unapp,ropria ted. . Fur,d fi(/e~'>~ A,/~'W(/c-- /h~ J/ I~ ~ · ,I L' /) . fA ./I old L- 7-;; to' / -t.'JZ-1~'1FJ (CI:>'-'/'fT c,'VL/ Cl:l-; f' A, Ct,) ~/ If At.... t/-c '<"'-':-4 ~ ~c,)".fz1 _-,r4/-t.' e~I~,~7z"(,/ /Ii c~ 4 ,/2' ki' c; L cP / V'-h~j cr- . .Ld.~ irectcr of Finance The City of Chula Vista ,f tj / / -:.:2 Purpose Bidder db '19,- rfjoo -..5063 Date _7- ~3/ 17'1 By Certi.fication of Jnencu:nbered Balance I HEREBY CERTIFY that the indebtedness and obligation to be incu:rco by the contract or agree~~!nt autho;.iz~d by the attached resolution can be incurred. ~lithout the violation of any of the pro,.,isions of the Chart~r of tile City of Chula Vi5t'~f or the Constitutio:-L or the laws of t.he State of Caliiorria, tZlat sufficientmor.ies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligation~ of the contr.act are actually in the Trea5ury: or are antici.pat€d to come into the Treasury to the credit o~ .the appropriation from which the same are to be drawn, and that said wonies now actually. in the Treasury, together with the monies anticipated to corne into the Treasury, to the credit of said app::::opri.ation are otherwise unencumbered. Amount Not to Exceed $ Ji:cctor of Finance The City of Chult:! Vista Date Bv .. Fund wept./lLctivity Pu::pose Bidder C~f.]~t~.fiC'P~~p !JQ" -...---., ,.~ ------- / ,.. 1( (A/OS .. ADMINISTRATION CENTER 1130 FIFTH AVENUE CHULA VISTA, CALIFORNIA 92011 , (:; 'j),k ~ Ij CI ''1'~ ~ 17< { D' · /firS' t~.C', I . lsrnct -ilk C"yU V ot / () ~Ci 'I.~ I ~ >;,4t. Iv elf. O~!:V;8~ ~ /~J. cJ 1~/.1 .. 0;" / IS; O;'y Y/~, <1 /</rll A '~/,,'4c :,~4... H.....!i!.'.B....:.tT' :J! '~' r ' tJ~.. fi~ 'i~!, 1 July 22, 1974 Sweetwater IT nion High School iSior.j OF BUSINESS SERVICES ~.fr, F.mefson Hall, Director Parks and Recreation Department City of ChllLa Vista 3HS Parkway Chl:la \:j'ta, CA 92010 Dear j'[l. 1/(:11: On July 19, 1974, bids were opened for the improvement and lightLng of athletic! H:<reational facilities at Castle Park High, Chula Vista High, and Hilltop High. As you know, the improvements and lighting are to be completed under a Joint Pm.;,::rs Agreement \<ith the City of Chula Vista. Following i:; a surmnary of the bids showing a Base Bid for completing Courts 1 and 2, as specified in the Joint Powers Agreement, and Alternate No. 1 for completing cer+-ain improvements on Court 3 at each school: PiJder Base Bid Courts 1 I; 2 Alternate #l Court 3 Total Base Bid & Alternate #1 FfJERAN ELECTRIC CooANY La ~1esa $105,000 $15,900 $120,900 ('1:'\ [:L1:(''''.) I I U'i . L.,ll\ '" San Diego $109.462 $20,3~: $129,784 ARROIV ELECTR 1 C San Diego $109.109 $21,409 $130,518 PERRY ELECTRIC C()fPANY 1] Cajon $120,102 $22,070 $142,172 - CALrr;OP~\I:\ ELl:CTRIC WORKS San Diego $134,789 $)': ] ",: ..), J $159.965 \lternate No. 1 was included as a part of tlw bidding process by the District in order to deternine costs of resurfac ing rnatenals and the installation of electrj cal \.~onduit for the third multi -use court at each of the iihove schools. The electrical .:ondui t mcluded in Alternate No. 1 would be ins taIled in order to provide lighting f0f these courts at a future date. It is the intent of the administration to 1.1Jyo5 .. .. .' ': C('" 1)" l' " ,h,~ f l~.\ Jul\' , , :.." , 1907<+ !:',:,I;',': 'L!.,,; rn: (,';.::101, to', the ;'j;::"1:) ,;f ;,)c' c()'rnU!1C:G to~:al 01 +fw Fi;jS\~;' :.s ' d~ .\iren1c'tr> 1',r, 1",:1' [,LUO\'~, Cjl~' total ;;ase Bid i.Uld Altell1at:; No, 1 in t\:' rlmount 01 ~12Gt900, '~i'.t'd t~'1 "':'."3ralj Elct( Company, 1S the apparent 10\~bd. Ib\vtV,:~'. elf: tLe '\: '~;-ir:[;;..: opr<!ung, thE but totm submitted by i:cjcran Electric f\.'i~ nDt :;~gned ~d.L:' de;;~~ilaLion ()f~l.)bcoatrJc':;)rs signed a~ required by the }n~ ,ii.'\. Jftt:nts. " :t ~\n tr,t! bi,:: subwitted by Fe:eran [lectric ~'as not d 'I..:ompil.li(~,! hv ;!ertified r 'Y', f;)' <'ecl< or a satisfactory trid hond but \<:(15 aCC:1rrq);Ul>d bYl ;e tP" frm:. '_f r L';;, [>;';!\HLCC: advjsing that 5dC:: a bond plus tJll' ptrfonnance h'nd ~1nd pavmen~ , 'J "'.'''~ \ d pIO'."... 3ed in the evem that Fejeran Electnc ','ias awarded the :~'ontract. 0"';' Je t :,;otice to CODtract"r and Information to BIdders provide for tJe nght .),' '1',0 "~.'nt~r tr) "'a'l'V"'.:, 'n'\ 'll"'egl11ar;tl'C\c: ,0. r l'nf"l'T"al;"l'~''': 'l't ,}'" .'JI'e Dl'c:t'l'l','t'S ';~-i' -, tll ,. "., ',~" V\o \.-- '''''.L. ,\._ t. "I,. \;;...., '.II. ~" _ ,II J. \.. \.I"),,, .. L j, , ...... \,. i.' . t -:ioL (J,~.t tht s(;";erd1 JlScrerancie5 in t1v~ bid, particJlarlv the fact that the j,.! 'rJ, ,j"'r'11'~} '.'],n,'''' s~,matu-"e ."""~r.:tu~e':;' "",1;<1' '"e',"on'o re:"ct 'c1'le bl',) · ' ,J' 'Ul'" L. ',,-,,, J..5H l. t '_,.Ii...., ~ L., ,1 \...).~ .I .c.1;) L_J.... '" ..', u '. ,I ".' :::ejeran E1l~ctrjc, We have conta.'ted County ~:cunsel's (lffice tJ ,C;i ":~ LiS I,liet 1 s posi Hon in !~his mattr: and }),:'lYC been achrised that failure \\. ,gn;, bid n ather bid doc',rrnents end the failure to submlt the re\1uired bid >~', lot CG:i~\1 be cOllsdered a'" :..'aiveratle ::ondition.s lr~ our HC'did. At the ~)ame CJ!D~,V !~~"i1.lnsel adv~srs bat the Board would be perfectl)' ',,'it;lln their right : e '.': 1 the hu '11 the basi; th2t tlld instruct ions werG not proper1y fOn.htd. i> the iHl'Tlini-;tI}.tion's intent to advise the; Be;ard to rejt;,;ct the,Hc jUb;:i;tted eielan:.lectrjc and award the bid tG GFA Electric Company \-:ho submitted the l,l'y."-si' rt'SPOTbibJc Base and Altc'.nate Hid for a total of $1291784. Hmvever, since t~. 1,i}'nt p'Jvnr": ,\'''''''''en\~n1 ''''''\(l:'l'fl'er T'j"'t" t}le C:tv "h'JIIIJe ():v'en 'Jll i)pportun l'ty . . , .~ )...! i. .... ~ v\ '-', hI...... Jf\,..:.. .... -.) t ,..' .<" ,~) \. III ~>..' .;.... J ...) a . 6.1 cu ~, '... '. t' ~'e'\iie~ and dpprcve the bids P' ~cr to an c;ward c t' 3 contract, you may h'ish to dj.;"~;(ihe propnety of the Fejeran Uectric (omrany bid with vour eiL}' Attornev, 1 "1 "'nT'1 'opv of rtle Jfe'p"l' hi'1 :, '~~"l'1,,1 a~ ,,(.111" "he hI',1 s"u't'm~tted ..t.,' .t.:;:;.., c. '- .' '.' .)";,,,1 '...."U LJ (I' ,'I,lu. , ^:'.., ....) u, I., U ...1. ' t,t' '~' liectric '~~)r;'Danv, Also attacned [or vour in;('~.'w t on 1 s Ci COr)" of the final 1 '/ ~ ~ D :) j sDe(i [j.catiQns t and bid dO~:urlf~Hts for trll:; pro il . e 'de !lope ~,' ;)l.bL~ L a reCOi1ur,eriJa tl ~)r1 r I jUt Boarl.! C: i!,~U:7 t :. conce iTi i ng the ;i~\lL'd of t.hi.:, bId, he woulJ apF'reciate a dt:tennillatioi: cf the :'It/,~ position rC~.;jrdi.r.g the i;reg~11aritie~ at the earliest possible :r!tp. In ~:lf: meantime, 1 ,," ! be :nost hapD" to meet I-;ith rou or other eiL' ('Hi(!als tc cliscI1SS the matter j' )ur converllen~:e. SincereLy, I 11.1 , ) fL. J. ~. ./"'"l'j . )(U~'/' Tucker ,H\rf' : :'~ : 1. hu<nC5'~ \1anager ~~>1l".,:l ',JSUfe~:, ,~~ ~l(, RiI:,:one, Superintendent {,II/OS