HomeMy WebLinkAbout2013-01-08; City Council; Resolution 2013-0031 RESOLUTION NO. 2013-003
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AWARD OF CONTRACT TO NEWEST
3 CONSTRUCTION COMPANY AND AUTHORIZATION OF
EXECUTION OF AN AGREEMENT FOR THE HOME PLANT
4 SEWER LIFT STATION AND FORCE MAIN REPLACEMENT,
PROJECT NO. 5509.
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WHEREAS, the existing Home Plant Lift Station has reached the end of its useful life
with multiple facility deficiencies which negatively impact the station's reliability resulting in
^ extensive ongoing maintenance; and
8 WHEREAS, on October 8, 2012, through the adoption of Resolution No. 2012-194, the
9 Carlsbad City Council approved plans and specifications, authorized the City Clerk to advertise to
10 receive bids for the Home Plant Sewer Lift Station and Force Main Replacement, Project No.
^ 5509; and
WHEREAS, six (6) sealed bids were received on November 14, 2012, by the City of
Carlsbad for the construction of this project; and
WHEREAS, the apparent low bidder, HPS Mechanical, did not comply with requirements
of the Notice Inviting Bids by submitting the name of two instrument and control suppliers when the
bid instructions specifically required only one, giving it an unfair advantage over the other bidders
in allowing the contractor to bid shop; and
WHEREAS, the lowest responsive and responsible bid was submitted by NEWest
Construction Company, Inc. in the amount of $2,563,828; and
20 WHEREAS, the bid bond from NEWest Construction Company, Inc. was improperly
21 notarized; and
22 WHEREAS, the City Attorney has reviewed the bond and determined that it is still
23 enforceable, and
24 WHEREAS, the Utility Department - Engineering Division solicited proposals from eight
25 (8) consulting firms and received a total of six (6) proposals for construction management and
26 inspection services for this project; and
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WHEREAS, subsequent to review of the proposals, staff determined Dudek as the most
qualified consultant for construction management and inspection services for this project; and
WHEREAS, after negotiating scope and fees, staff recommends Dudek to provide
construction management and inspection services for the Home Plant Sewer Lift Station and
Force Main Replacement, Project No. 5509 for an amount not-to-exceed $266,285 be approved;
and
WHEREAS, funds have been appropriated from the Sewer Replacement Fund and are
sufficient for the completion of this project; and
WHEREAS, this project is exempt from California Environmental Quality Act (CEQA)
review pursuant to CEQA Guidelines section 15302(c) in that it is a replacement of an existing
utility system on the same site involving negligible or no expansion of capacity; and
WHEREAS, A Notice of Exemption was filed with the San Diego County Clerk on
May 7, 2012.
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 HPS Mechanical bid is a nonresponsive bid; and is precluded from
award of a contract;
3. That the error by NEWest Construction Company, Inc. in notarizing the bid bond
is inconsequential as it does not change the amount of the bid and acceptance of the bid bond
does not give the bidder an unfair advantage.
4. That the bid in the amount of $2,563,828 submitted by NEWest Construction
Company, Inc., for the construction of the Home Plant Sewer Lift Station and Force Main
Replacement, Project No. 5509, is accepted and the Mayor is hereby authorized to execute a
contract with NEWest Construction Company, Inc.
5. The City Manager is hereby authorized to approve construction change orders up to
$360,000.
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1 4. That the agreement with Dudek for construction management and inspection
2 services for the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509,
3 with a total amount of said agreement not-to-exceed $266,285 is hereby approved and the Mayor
^ is hereby authorized and directed to execute said agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carlsbad on the 8^"^ day of January, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
sjistant City Clerk
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