HomeMy WebLinkAbout2015-05-19; City Council; Resolution 2015-124EXHIBIT 1
1 RESOLUTION NO. 2015-124
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT TO
PULICE CONSTRUCTION, INC., IN THE AMOUNT OF $44,195,300
4 AND APPROPRIATING ADDITIONAL SEWER REPLACEMENT FUNDS
FOR THE AGUA HEDIONDA SEWER LIFT STATION,
5 VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15,
AND AVENIDA ENCINAS RECYCLED WATER LINE, PROJECT NOS.
3492, 3886, 3949 AND 5027. 6
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WHEREAS, the City Council of Carlsbad, California has determined it necessary,
desirable, and in the public interest to replace the Agua Hedionda Sewer Lift Station and the
Vista/Carlsbad Interceptor Sewer Reaches VC11B-VC15 and to construct a new recycled water
main in Avenida Encinas extending from the Carlsbad Water Recycling Facility to Agua Hedionda
Lagoon; and
WHEREAS, on Feb. 10, 2015, through the adoption of Resolution No. 2015-037, the
1^ Carlsbad City Council approved plans and specifications and authorized the City Clerk to
15 advertise to receive bids for the Agua Hedionda Sewer Lift Station, Vista/Carlsbad Interceptor
17 Sewer Reaches VC11B-VC15 and Avenida Encinas Recycled Water Line, Project Nos. 3492,
18 3886, 3949 and 5027; and
19 WHEREAS, eight sealed bids were received on April 14, 2015, by the City of Carlsbad for
the construction of this project; and
WHEREAS, the lowest responsive and responsible bid for the project was submitted by
Pulice Construction, Inc. in the amount of $44,195,300; and
WHEREAS, Public Contract Code Section 4104 requires the listing of subcontractor's
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25 license number when they are performing more than one half of one percent ofthe work; and
26 WHEREAS, Pulice Construction, Inc. left out a single digit from subcontractor Daley
Corporation's license number; and
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the amount of the bid and does not give Pulice Construction, Inc. an unfair advantage over the
other bidders; and
WHEREAS, Shimmick Construction, the second low bidder, has alleged that Pulice
Construction, Inc. has failed to list Allied Steel as a required subcontractor; and
1 WHEREAS, the City Attorney recommends a waiver of that mistake as it does not affect
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7 WHEREAS, staff has investigated the claim and determined that the subcontractor does
8 not meet the minimum threshold of required work to be listed and recommends that the City
Council deny the protest; and
WHEREAS, $54,730,000 has been appropriated from the Sewer Replacement Fund and
$270,000 from the Pavement Management Program; and
WHEREAS, an additional appropriation is necessary for construction and construction
related services; and
WHEREAS, the Cities of Carlsbad and Vista as joint owners in the project, have entered
into a Project Agreement, which was adopted by Council Resolution No. 2015-039 on Feb. 10,
2015 to define project responsibilities and cost share ofthe project; and
jg WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
19 Program were adopted by the City Council on Dec. 6, 2011.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
21 California, as follows:
22 1. That the above recitations are true and correct.
23 2. The error in the listing of subcontractor Daley Corporation license number be
24 waived as inconsequential.
1 3. The bid protest of Shimmick Construction is denied as Allied Steel was not required
2 to be listed as a subcontractor and will not be allowed to perform work in excess of one half of
one percent.
4. That the bid in the amount of $44,195,300 submitted by Pulice Construction, Inc.,
for the construction ofthe Agua Hedionda Sewer Lift Station, Vista/Carlsbad Interceptor Sewer
Reaches VC11B-VC15 and Avenida Encinas Recycled Water Line, Project Nos. 3492, 3886, 3949
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g and 5027, is accepted and the Mayor is hereby authorized to execute a contract with Pulice
9 Construction, Inc.
10 5. The City Manager is hereby authorized to approve change orders in an amount not
to exceed eight percent ofthe original Construction Contract.
6. That the Administrative Services Director is hereby authorized to appropriate an
additional $2.9 million to the project from the Sewer Replacement Fund.
7. That the award of this contract is contingent upon Pulice Construction, Inc.
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executing the required contract and submitting the required bonds and insurance policies, as
17 described in the contract, within twenty (20) calendar days of adoption of this resolution. The
18 City Manager may grant reasonable extensions of time
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City
Council and Carlsbad Municipal Water District Board of Directors, held on the 19th day of May
2015, by the following vote:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard
None.
None.
MATT HALL, Mayor
ATTEST:
BARBARA pJGlESON, City Clerk
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