HomeMy WebLinkAbout2024-10-29; City Council; Resolution 2024-240RESOLUTION NO. 2024-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING A CONTRACT TO DICK MILLER, INC. FOR THE EL
CAMINO REAL WIDENING FROM SUNNY CREEK ROAD TO JACKSPAR DRIVE
PROJECT IN AN UPDATED AMOUNT NOT TO EXCEED $3,993,598 AND
AUTHORIZING AN ADDITIONAL APPROPRIATION IN AN AMOUNT OF
$116,050 FROM GAS TAX FUNDS TO CAPITAL IMPROVEMENT PROGRAM
PROJECT NO. 6094
WHEREAS, the City Council of the City of Carlsbad, California, has determined it is necessary,
desirable and in the public interest to construct the El Camino Real Widening from Sunny Creek Road to
Jackspar Drive Project, Capital Improvement Program, or CIP, Project No. 6094; and
WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.080(C) and 3.28.080(1)(6), which
govern purchasing in construction contracts, require the City Council to award all formally bid contracts
when the value exceeds $200,000; therefore, the project is subject to this requirement; and
WHEREAS, on Sept. 10, 2024, the City Council authorized award of the project to Dick Miller,
Inc. in an amount not to exceed $3,882,738, which was the amount the contractor submitted on its bid
form; and
WHEREAS, the contractor's online bidding portal's amount was $3,993,598; and
WHEREAS, the bid documents indicate that if there is a discrepancy between the written price
on the bid form and the price submitted via the online bidding portal, the online bidding portal price
prevails; and
WHEREAS, staff request award of the contract to Dick Miller, Inc. for the project in an updated
amount of $3,993,598; and
WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090(8) authorize the City Manager or
designee to approve change orders in an amount equal to the contingency set at the time of project
award, which is $650,000 for the project; and
WHEREAS, staff request an additional appropriation in an amount of $116,050 from gas tax
funds to CIP Project No. 6094; and
WHEREAS, the City Planner, through the process outlined in CMC Section 19.04.060, has
determined that the project belongs to a cla ss of projects that the state Secretary for Natural Resources
has found do not have a significant impact on the environment. It is therefore categorically exempt from
the requirement for the preparation of environmental documents pursuant to Guideline Section
15303(d) Class 3 of the California Environmental Quality Act; and
WHEREAS, in making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the Guidelines do not apply to this project. The project is consistent with 15303(d)
Class 3 because it consists of construction limited to new facilities, such as street improvements of
reasonable length. The project fills in an existing gap in pedestrian and street facilities. A notice of this
determination was circulated to the public for a 10-day period, which began on Oct. 19, 2022, and ended
on Oct. 31, 2022, and no appeal was filed.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
1. That the above recitations are true and correct.
2. That the bid of $3,993,598 submitted by Dick Miller, Inc. for construction of the El
Camino Real Widening from Sunny Creek Road to Jackspar Drive Project, CIP Project No.
6094, is accepted, and the Mayor is authorized to execute the contract for the project
with the updated contract amount.
3. That the City Manager or designee is authorized to approve construction change orders
up to $650,000 for the El Camino Real Widening from Sunny Creek Road to Jackspar
Drive Project, CIP Project No. 6094.
4. That the City Manager or designee is authorized to appropriate $116,050 from gas tax
funds to CIP Project No. 6094.
5. That the City Manager or designee is authorized to sign all other documents necessary
for regulatory compliance, to extend funding opportunities, or to otherwise implement
and finalize the project, all of which are subject to review and approval as to form by
the City Attorney's office.
6. That the award of this contract is contingent upon Dick Miller, Inc. executing the
required contract and submitting the required bonds and insurance policies, as
described in the contract, within 20 calendar days after adoption of this Resolution. The
City Manager may grant reasonable extensions of time to execute the contract and
assemble the required bonds and insurance policies.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 29th day of October, 2024, by the following vote, to wit:
AYES :
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER.
NONE.
LUNA.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Cl erk
(SEAL)