HomeMy WebLinkAbout2025-11-04; City Council; Resolution 2025-242Exhibit 1 RESOLUTION NO. 2025-242 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE BIDS RECEIVED, REJECTING A BID PROTEST
AND AWARDING A CONSTRUCTION CONTRACT FOR THE HARDING
COMMUNITY CENTER REFURBISHMENT PROJECT TO MUSCLE PLUMBING,
INC. D.B.A. PRO TEAM PLUMBING IN AN AMOUNT NOT TO EXCEED
$492,500
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to construct the Harding Community Center Refurbishment Project,
Capital Improvement Program, or CIP, Project No. 4708, or Project, which includes the replacement of
an aging heating, ventilation and air conditioning system in the Heritage Hall auditorium; and
WHEREAS, on July 22, 2025, the City Council adopted Resolution No. 2025-173, adopting the
plans, specifications and contract documents for the Project, authorizing the City Clerk to advertise the
construction documents for bidding and appropriating additional funds; and
WHEREAS, on Sept. 4, 2025, staff received four bids for construction of the Project; and
WHEREAS, staff reviewed the bids and found Muscle Plumbing Inc. d.b.a. Pro Team Plumbing
to be a responsible bidder with the lowest responsive bid in an amount not to exceed $492,500; and
WHEREAS, on Sept. 9, 2025, the second lowest bidder, GQ Builders Inc., submitted a bid protest
alleging the bid submitted by Muscle Plumbing Inc., d.b.a. Pro Team Plumbing, was non-responsive
because a subcontractor was not listed for the fire protection and fire sprinkler work for the Project;
and
WHEREAS, on Sept. 17, 2025, and Oct. 16, 2025, staff received additional information from
Muscle Plumbing Inc. d.b.a. Pro Team Plumbing in response to the bid protest, confirming that the fire
protection and fire sprinkler work is less than one-half of 1% of its total bid amount and that Muscle
Plumbing Inc., d.b.a. Pro Team Plumbing, will use an appropriately licensed fire protection system
subcontractor; and
WHEREAS, staff reviewed the bid protest and the additional information that was provided, and
determined that Muscle Plumbing Inc., d.b.a. Pro Team Plumbing, was allowed by Public Contract Code
Section 4104(a) to omit the identification of its fire protection system subcontractor from its bid
because the value of the subcontractor’s work was less than one-half of one percent of Muscle
Plumbing Inc., d.b.a. Pro Team Plumbing’s total bid amount; and
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WHEREAS, staff recommend that the City Council reject the bid protest for lack of merit and
award the contract to Muscle Plumbing Inc., d.b.a. Pro Team Plumbing; and
WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.040(C)(5) authorizes 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 $59,100.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Council has determined that the proposed action for the Harding
Community Center Refurbishment Project is categorically exempt from environmental
review under the California Environmental Quality Act, or CEQA, Guidelines Section
15301 because it involves the maintenance, repair or minor alteration of existing
facilities with negligible or no expansion of the existing or former use, and that no
exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2
or CMC Section 19.04.070(C) apply.
3.That the bid protest submitted by GQ Builders Inc. is rejected for lacking merit.
4.That the bid submitted by Muscle Plumbing Inc., d.b.a. Pro Team Plumbing, in an amount
not to exceed $492,500 for construction of the Harding Community Center
Refurbishment Project, CIP Project No. 4708, is accepted, and the Mayor is hereby
authorized to execute a contract with Muscle Plumbing Inc. d.b.a. Pro Team Plumbing,
subject to the contract’s review and approval as to form by the City Attorney’s Office.
5.That the City Manager or designee is hereby authorized to approve construction change
orders for the Harding Community Center Refurbishment Project, CIP Project No. 4708,
in an amount not to exceed $59,100.
6.That the award of this contract is contingent upon Muscle Plumbing Inc. d.b.a. Pro Team
Plumbing 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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 4th day of November, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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