HomeMy WebLinkAbout2024-10-29; Municipal Water District; Resolution 1750RESOLUTION NO. 1750
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA
ACCEPTING BIDS AND AWARDING A CONTRACT TO CREATIVE HOME DBA
CHI CONSTRUCTION, INC. FOR CONSTRUCTION OF THE VALVE
REPLACEMENT PHASE Ill PROJECT IN AN AMOUNT NOT TO EXCEED
$3,823,800 AND APPROPRIATING $562,000 FROM THE WATER
REPLACEMENT FUND TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO.
5019-F
WHEREAS, the Carlsbad Water District, or CMWD, Board of Directors has determined that it is
necessary, desirable, and in the public interest to replace broken valves at prioritized locations and
make other improvements at the same locations through the Valve Replacement Phase Ill Project,
Capital Improvement Program, or CIP, Project No. 5019-F; and
WHEREAS, on June 11, 2024, through adoption of Resolution No. 1737, the CMWD Board of
Directors approved plans and specifications, and authorized the Secretary to the Board to advertise to
receive bids for the project; and
WHEREAS, on July 24, 2024, six sealed bids were received for construction ofthe project; and
WHEREAS, the lowest responsible and responsive bidder was Creative Home dba CHI
Construction, Inc. in an amount of $3,823,800; and
WHEREAS, the online bid form submitted by Creative Home dba CHI Construction, Inc. omitted
a line item for traffic control; however, the handwritten bid of $3,823,800 that was simultaneously
submitted included the price of the omitted line item as $2,600; and
WHEREAS, the CMWD Board may waive this bid mistake because it was not material, and the
needed pricing was included in the bid, in the contractor's handwritten proposal; and
WHEREAS, Carlsbad Municipal Code Sections 3.28.080(() and 3.28.080(1)(6) require the CMWD
Board of Directors to award all formally bid contracts when the value exceeds $200,000; therefore, the
Project is subject to this requirement; and
WHEREAS, Project No. 5019-F requires an additional appropriation of $562,000 from the Water
Replacement Fund to complete the project; and
WHEREAS, Carlsbad Municipal Code Section 3.28.040(C)(S) authorizes the Executive Manager
or designee to approve change orders in the amount equal to the contingency set at the time the
project is awarded, which is $573,570 for the project; and
WHEREAS, the City Planner, through the process outlined in Carlsbad Municipal Code Section
19.04.060, has determined that this project is exempt from the California Environmental Quality act
under CEOA Guidelines Section 15302(c) -Replacement or Reconstruction, which applies to projects
involving the replacement or reconstruction of an existing utility system and/or facility involving
negligible or no expansion of capacity. None of the exceptions described in CEOA Section 15300.2 are
applicable to this project.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the CMWD Board of Directors waives the bid mistake in the online bid submitted
by Creative Home dba CHI Construction, Inc. that omitted a line item for traffic control
since the handwritten bid in the amount of $3,823,800 included $2,600 for traffic
control and was not material.
3. That the bid in the amount of $3,823,800 submitted by Creative Home dba CHI
Construction, Inc. for construction of the Valve Replacement Phase Ill Project, CIP
Project No. 5019-F, is accepted, and the President of the CMWD Board of Directors is
hereby authorized to execute a contract with Creative Home dba CHI Construction, Inc.
4. That the Executive Manager or designee is authorized to appropriate additional funds
in the amount of $562,000 from the Water Replacement Fund to
CIP Project No. 5019-F.
5. That the Executive Manager or designee is authorized to approve construction change
orders up to $573,570 for the Valve Replacement Phase Ill Project,
CIP Project No. 5019-F.
6. That the Executive 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 General Counsel's office.
7. That the award of this contract is contingent upon Creative Home dba CHI Construction,
Inc. executing the required contract and submitting the required bonds and insurance
policies, as described in the contract, with 20 days of adoption of this Resolution. The
Executive 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 Special Meeting of the Carlsbad Municipal Water
District Board of Directors 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, President
SHERRY FREISINGER, Secretary
(SEAL)