HomeMy WebLinkAboutResolutionRESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AWARDING PAUL W. RALPH DBA WAVETEC CONSTRUCTION THE CONTRACT
FOR THE COMPLETION OF IMPROVEMENTS ON THE REAL PROPERTY LOCATED
AT 726 WEST 19TH STREET IN THE AMOUNT OF $275,000.00 TO ALLOW FOR
THE RELOCATION OF NATIONAL CITY PUBLIC WORKS FACILITIES FROM
2100 HOOVER AVENUE, THE FUTURE SITE OF A 201-UNIT AFFORDABLE
HOUSING PROJECT COMMONLY REFERRED TO AS THE WESTSIDE IN -FILL
TRANSIT ORIENTED DEVELOPMENT PROJECT, WITHOUT COMPETITIVE BIDDING
BASED ON FINDINGS THAT THERE IS NO ASCERTAINABLE COMPETITIVE
ADVANTAGE TO THE CITY; AUTHORIZING THE MAYOR TO EXECUTE
THE CONTRACT (SHORT FORM SERVICES AGREEMENT) BETWEEN
THE CITY AND PAUL W. RALPH DBA WAVETEC CONSTRUCTION; AND
AUTHORIZING THE APPROPRIATION AND CORRESPONDING REVENUE
INCREASE OF $275,000.00 TO COVER THE COST OF IMPROVEMENTS
WHEREAS, as part of the Westside Infill Transit Oriented Development (`WI-
TOD"), also known as the Paradise Creek Affordable Housing Project, Development and
Disposition Agreement ("DDA"), the National City Public Works ("PW") operations at 2100
Hoover Avenue will need to relocate to other sites in order to complete environmental
remediation and development of 201 affordable housing units for the WI-TOD Project; and
WHEREAS, the City has negotiated the purchase of a 0.13 acre site that fits the
needs of PW operations and provides 5,247 sq. ft. of useable building area including office
space and off-street parking. The property is commonly known as 726 West 19th Street,
National City, California (the Property"); and
WHEREAS, the City developed improvement plans for the Property to
accommodate PW operations using an on -call architectural firm, who subsequently provided an
independent Opinion of Probable Construction Costs ("OPCC") report that estimates the cost of
the improvements to be $521,109; and
WHEREAS, the City negotiated the cost of completing the improvements in
conformance with the developed plans with the owner of the Property for $275,000. The owner
of the Property is a California licensed contractor and as such is specially positioned with the
Property to complete the improvements while it is in escrow for a significant cost and time
savings to the City; and
WHEREAS, there is an exception to the competitive bidding requirements for
public entities "where the nature of the subject of the contract is such that competitive proposals
would be unavailing or would not produce an advantage, and the advertisement for competitive
bid would thus be undesirable, impractical, or impossible." Graydon v. Pasadena
Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635-636. "Where competitive proposals
work an incongruity and are unavailing as affecting the final result, or where competitive
proposals do not produce any advantage, or where it is practically impossible to obtain what is
required and to observe such form, competitive bidding is not applicable." Graydon, supra, 104
Cal. App. 3d at 636; and
Resolution No. 2014 —
Page Two
WHEREAS, due to highly unusual circumstances of having a specially situated
owner/contractor who can produce the improvements at a greatly reduced cost and time
savings, competitively bidding the improvements for the Property at an estimated 47% increase
in direct costs to the City would be incongruent with the legislative purpose of the Public
Contract Code for competitive bidding and would not produce an advantage to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for the completion of improvements on the real
property located at 726 West 19th Street in the amount of $275,000.00 to Paul W. Ralph DBA
Wavetec Construction, without competitive bidding based on the findings that there would be no
competitive advantage in competitively bidding the improvements based on the highly unusual
circumstances described in the recitals and incorporated herein as the City Council's findings.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the
contract (short form agreement) between the City of National City and Paul W. Ralph DBA
Wavetec Construction.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
appropriation and a corresponding revenue increase of $275,000.00 to cover the cost of
improvements.
PASSED and ADOPTED this 17th day of June, 2014.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney