HomeMy WebLinkAbout1998-09-08; City Council; Resolution 98-304r,
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/I RESOLUTION NO. 98-304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A
CONTRACT FOR THE CONSTRUCTION OF POINSETTIA PARK
PHASE I-A, PROJECT NO. 3348.
I WHEREAS, plans and specifications have been reviewed by the City Council of the City of
Carlsbad for the construction of Poinsettia Park Phase I-A, Project No. 3348; and
WHEREAS, bids have been received by the City of Carlsbad for the construction of said
project; and
WHEREAS, the low bid received to construct said project submitted by The Augustine
Company was found to be non-responsive; and
WHEREAS, the contract documents require that 50% of the project shall be performed by
contractor’s own forces. The Low bidder’s total subcontracted amount adds up to $641,447 which
is 75% of the total project cost. This amount exceeds the maximum allowable subcontractor’s
work by 25%; and
WHEREAS, on Addendum No. 1, issued on July 8, 1998, the City required the contractors
to add Bid item No. 83 (Hydroseed Red Fescue) to page 16 of the specifications. Although the
receipt of the addendum was acknowledged, the bid item was not added to the contractor’s bid
proposal and no cost was given for this item; and
WHEREAS, Addendum No. 1 also required the contractors to change the size of the tree
box on page 13 of the specifications from 24” to 36.” The box size was not changed on page 13
of the contractor’s bid proposal; and
WHEREAS, on page 25 of the contract (DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEM), the column under the “Amount of Item by
Contractor“ has been left blank on all subcontractor forms; and
WHEREAS, the second low bid received to construct said project submitted by R.E. Smith
Construction and Engineering, Inc., is responsive; and
WHEREAS, funds in the amount of $1 ,I 15,283.00 are available for design, construction,
administration, and inspection of said project.
WHEREAS, Subsection 3.28.172(c)(l) of the Carlsbad Municipal Code authorizes the City
Manager to approve change orders in the amount equal to the contingency set at the time of the
bid award; and
Ill
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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 low bid of $858,809.60 submitted by The Augustine Company for Project
No. 3348 for the construction of Poinsettia Park Phase I-A improvements is hereby rejected.
3. That the second low bid of $881,809.60 submitted by R.E. Smith Construction and
Engineering, Inc., is hereby accepted contingent upon its submittal to the City of proof of State
Corporate registration by October, 5, 1998, and the Mayor is hereby authorized to execute a
contract therefor.
4. That the award of this contract is contingent upon R.E. Smith Construction
executing the required contract and submitting the required bonds and insurance policies, as
described in the contract, within twenty (20) days of adoption of this resolution. The City Manager
may grant reasonable extensions of time.
5. That a construction contingency in the amount of $132,000 is hereby approved.
6. That the City Manager is hereby authorized to approve construction change orders
up to $132,000.
7. That the City Manager is hereby authorized to re-bid this project if R.E. Smith
Engineering Construction Inc. fails to submit its corporate registration by October 5, 1998.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 8th day of SeDtember , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, FinniLa & Hall
II NOES: None
I I ATTEST:
II KAREN R. KUWDTZ,xsistant City Clerk
(SEAL)