HomeMy WebLinkAbout2018-12-18; Municipal Water District; Resolution 1610RESOLUTION NO. 1610
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT BOARD (CMWD) OF THE CITY OF CARLSBAD,
CALIFORNIA ACCEPTING BIDS AND AWARDING A CONTRACT TO RAVEN CU
CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $7,429,400 FOR THE
MAERKLE RESERVOIR FLOATING COVER REPLACEMENT, CAPITAL
IMPROVEMENT PROGRAM (CIP) PROJECT NO. 5036.
EXHIBIT 1
WHEREAS, the Carlsbad Municipal Water District (CMWD) Board of Directors (Board) ofthe City
of Carlsbad, California has determined it necessary, desirable, and in the public interest to replace the
Maerkle Reservoir floating cover, which is part of the existing CMWD water distribution system; and
WHEREAS, this Project is exempt from the California Environmental Quality Act (CEQA) per
State CEQA Guidelines Section 15301(d)-restoration or rehabilitation of existing deteriorated or
damaged structures to meet current standards of public health and safety that involve negligible or no
expansion; and
w·HEREAS, on July 10, 2018, CMWD Board Resolution No. 1599 approved plans and
specifications, and authorized the secretary to the Board to advertise and receive bids for construction
of the Maerkle Reservoir Floating Cover Replacement, CIP Project No. 5036 (Project); and
WHEREAS, on Oct. 2, 2018, two sealed bids were received by CMWD for construction of the
Project; and
WHEREAS, the lowest responsible bid was submitted by Raven CU Construction, Inc. (Raven) in
the amount of $7,429,400; and
WHEREAS, the second lowest bidder has filed a bid protest alleging the listed subcontractor in
Raven's for bid item is not qualified to perform the work because it does not have a C-10 electrical
license; and
WHEREAS, staff has reviewed the bid protest and the subcontractor's license. The
subcontractor has a Class A General Engineering contractor's license and is qualified to perform the
work in bid item 18 under Business and Professions Code § 7056 and the case of Pacific Caisson and
Shoring, Inc. v. Bernards Bothers, Inc. 194 Cal. App. 681; and
WHEREAS, Business and Professions Code § 7059 provides that in public works contracts the
awarding authority determines the license classification necessary to bid and perform the project; and
WHEREAS, staff recommends that the bid protest by the second lowest bidder be denied; and
December 18, 2018 Item #5 Page 5 of 10
WHEREAS, sufficient funds exist for the completion of this Project in the Maerkle Reservoir
Floating Cover Replacement Project, CIP Project No. 5036; and
WHEREAS, subsection 3.28.040(C)(5) of the Carlsbad Municipal Code authorizes the executive
manager to approve change orders in the amount equal to the contingency set at the time of project
award.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. The bid protest by the second low bidder is denied.
3. That the bid in the amount of $7,429,400 submitted by Raven CU Construction, Inc. for
construction of the Maerkle Reservoir Floating Cover Replacement, CIP Project No. 5036, is accepted
and the president of the Board is hereby authorized to execute a contract with Raven CU Construction,
Inc.
4. That the executive manager or designee is hereby authorized to approve construction
change orders up to $743,000.
5. That the award of this contract is contingent upon the bidder submitting the lowest
responsible bid, executing the required contract and submitting the required bonds and insurance
policies, as described in the contract, within 20 days of adoption of this Resolution. The executive
manager may grant reasonable extensions of time.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District Board of Directors of the City of Carlsbad on the 18th day of December, 2018, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton.
None.
None.
(SEAL)
December 18, 2018 Item #5 Page 6 of 10