HomeMy WebLinkAboutReso 2011-036RESOLUTION NO. 2011-036
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE REPORT ESTABLISHING
EACH ELEMENT OF CALIFORNIA PUBLIC CONTRACTS
CODE SECTION 5103, RELIEVING MJC CONSTRUCTION
FROM THEIR BID PURSUANT TO CALIFORNIA PUBLIC
CONTRACTS CODE SECTION 5101, ACCEPTING THE
REMAINING BIDS, AWARDING THE CONTRACT FOR THE
LAUDERBACH COMMUNITY CENTER REPAIR PROJECT
(CIP NO. PR312) TO M. KEVIN O'NEILL CONSTRUCTION IN
THE AMOUNT OF $140,349 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXPEND ALL
AVAILABLE FUNDS IN THE PROJECT
WHEREAS, the Lauderbach Community Center located at 333 Oxford Street, was
constructed by the County of San Diego in 1968, and annexed by the City of Chula Vista in the
mid 1980's; and
WHEREAS, the facility has been leased to non-profit groups since its annexation and is
currently vacant and in a state of disrepair; and
WHEREAS, on May 4, 2010, the City Council approved the allocation of Community
Development Block Grant (CDBG) funds for the much needed improvements to the Lauderbach
Community Center; and
WHEREAS, the City established a Capital Improvement Project to undertake the needed
repairs; and
WHEREAS, Public Works/Bngineering staff prepared the contract documents and
specifications and advertised the Lauderbach Community Center project (PR312) on November
26, 2010; and
WHEREAS, on December 15, 2010, the Director of Public Works received three (3)
sealed bids for said project; and
WHEREAS, City staff reviewed the bids and determined that all three bids were non-
responsive due to numerous clerical errors and the fact that the base bids exceeded the available
funds for the construction of the project; and
WHEREAS, on January 25, 2011, Council rejected all three bids as non-responsive and
directed staff to re-bid the project; and
WHEREAS, on February 1, 2011, the Director of Public Works received the following
three (3) sealed bids for the Lauderbach Community Center Repair Project:
Resolution No. 2011-036
Page 2
CONTRACTOR BASE BID
MJC Construction -Bonita, CA $ 98,710
M. Kevin O'Neill Construction -Chula Vista, CA $140,349
MW Construction-Escondido, CA $147,258
and;
WHEREAS, on February 8, 2011, the City received a letter from the apparent low bidder,
MJC Construction Inc., requesting to be relieved of their bid on the basis of clerical error,
pursuant to Section 5103 of the State of Califomia Public Contract Code; and
WHEREAS, staff conducted a review of the evidence provided by MJC Construction
Inc., and determined that a clerical error, which made the bid materially different from what MJC
Construction Inc. had intended, had been made; and
WHEREAS, the letter from MJC Construction Inc. was received within the statutory
time-frame for a request for relief; and
WHEREAS, in light of the clerical error and the receipt of the request within the statutory
timeframe, staff recommends consenting to the requested relief of MJC Construction, Inc.'s bid
and awarding a contract to the second lowest bidder, M. Kevin O'Neill Construction; and
WHEREAS, the low bid submitted by M. Kevin O'Neill Construction Inc. is below the
Engineer's estimate of $150,000 by $9,681, or approximately 6%; and
WHEREAS, the Contractor's License No. 377869 is current and active; and
WHEREAS, staff reviewed the low bid and determined the bid package is complete, with
no errors or omissions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept the report establishing each element of California Public Contracts
Code Section 5103, relieving MJC Construction from their bid pursuant to California Public
Contracts Code Section 5101, accept the remaining bids, award the contract for the Lauderbach
Community Center Repair Project (CIP No. PR312) to M. Kevin O'Neill Construction in the
amount of $140,349 and authorize the Director of Public Works to expend all available funds in
the project.
Presented by
Richard A. o tins
Director o Public \ rks
Approved as to form by
len R. oogins
~ty Atto ey
Resolution No. 2011-036
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of March 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
y -
Cheryl Cox, M or
ATTEST:
~~~ ~~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CNULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-036 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of March 20l 1.
Executed this 1st day of March 2011.
~~ ~~~
Donna R. Norris, CMC, City Clerk