HomeMy WebLinkAbout2011-07-26; City Council; 20635; AWARD CONTRACT BUENA VISTA LIFT STATIONCITY OF CARLSBAD - AGENDA BILL
20.635AB#
MTG. 7/26/11
DEPT. UTIL
AWARD OF CONTRACT FOR CONSTRUCTION OF THE
BUENA VISTA LIFT STATION FORCEMAIN, REACH
VC4, PROJECT NO. 5508
DEPT. DIRECTOR
CITY ATTORNEY AW
CITY MANAGER // (//—^
RECOMMENDED ACTION:
Adopt Resolution No. 2011-176awarding the contract to CCL Contracting, Inc. for the construction of
the Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508.
ITEM EXPLANATION:
The proposed project involves the construction of a new parallel forcemain beginning at the Buena
Vista Lift Station (BVLS), located on the northeast corner of Jefferson Street and Buena Vista Creek,
and extending southwest within Jefferson Street to a point approximately 180 feet east of Interstate 5.
The total length is approximately 4,200-feet. A failed segment of the existing forcemain along the
south side of Buena Vista Lagoon, approximately 600 lineal feet, will be abandoned in place. This
abandoned line was designed to be replaced with a parallel dual 24-inch diameter high density
polyethylene (HOPE) or polyvinyl chloride (PVC) pipe which will be placed in a single trench. HOPE
pipe material was submitted by the contractor as the least expensive material. From a point within
Jefferson Street, west of the intersection with Marron Road to the terminus of the project east of
Interstate 5, the existing 24-inch forcemain was bid with two construction alternatives; a non-
corrosive structural resin liner commonly known as Cured-ln-Place Pipe (CIPP) or replaced with a
new 24-inch forcemain. Based on the bids received the most cost effective construction method is to
utilize the CIPP. Upon completion, one of these parallel lines will be the main forcemain, and the
other will be used for peak wet weather flows and a backup forcemain pipeline.
A "Project Agreement" dated March 9, 2011 between the City of Carlsbad and the City of Vista
defines the project improvements, and specifies each agency's respective cost share of the design,
construction, and construction management work.
On March 8, 2011, the City Council adopted Resolution No. 2011-034 which approved the
plans and specifications and authorized the advertisement for bids for the construction of the Buena
Vista Lift Station Forcemain, Reach VC4, Project No. 5508. The Engineer's Estimate for the project
was $4,410,000. On June 9, 2011, the Utilities Department received four (4) sealed bids as follows:
CONTRACTOR NAME
1. HPS Mechanical, Inc.
2. ARB, Inc.
3. CCL Contracting, Inc.
4. Spiniello Companies
CITY/STATE
Bakersfield, CA
Lake Forest, CA
Escondido, CA
Pomona, CA
TOTAL BID AMOUNT
$3,863,350
$4,003,300
$4,309,300
$4,982,674
DEPARTMENT CONTACT: David Ahles, (760) 602-2748. david.ahles@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED *
Dn
n
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
nnn
n
Page 2
The City of Vista will pay their share of the project cost, in part, from an Environmental Protection
Agency (EPA) Grant and State Revolving Fund loan. These funding sources require the submittal
of certain forms with the contractors bid. Staff has reviewed all the bid packages and found
discrepancies in the two lowest bids as follows:
The apparent lowest bid, submitted by HPS Mechanical, Inc., has the following discrepancies:
• On bid schedule item A-24, contractor changed the quantity amount. This change was
ignored and the total of the line item was re-calculated based on the correct quantity.
• Bid bond was executed by only one officer, and no signature resolution was attached.
• No addenda cover pages were signed and included. Only Addendum No. 1 was
acknowledged as being received out of three addendums issued.
• Filled out Forms 6100-3 and 6100-4 were NOT submitted with the bid as required in the
contract documents.
The apparent second lowest bid, submitted by ARB, Inc., has the following discrepancies:
• Filled out Form 4 was NOT submitted with the bid. ARB, Inc. typed the following note onto the
form: "This form will be completed and submitted along with the entire good faith effort
documentation within the time frame and as required in the contract documents."
• Filled out Forms 6100-3 and 6100-4 were NOT submitted with the bid as required in the
contract documents. ARB typed the following note on each form: "This form will be completed
and submitted along with the entire good faith effort documentation within the time frame and
as required in the contract documents."
Three bid protest letters have been received, and these letters are attached as Exhibit B. The first
letter, by CCL Contracting, Inc., dated June 20, 2011, stated the first and second apparent low
bidders did not submit required bid documents (EPA Form 6100-3 and EPA Form 6100-4) as required
in the specifications pages 5 of 60, 11 of 59, and EPA-4. In addition, they indicated the following: "The
basic rule of competitive bidding is that bids must conform to specifications, and that if a bid does not
so conform, it may not be accepted."; and therefore, the HPS Mechanical and ARB are non-
responsive.
The second bid protest letter was submitted by ARB, Inc, dated June 12, 2011, where they objected
to awarding the contract to the apparent low bidder, HPS Mechanical, stating they did not
acknowledge addendums 2 and 3 and did not include the required signed and dated Addendum,
Cover sheets for addendums No. 1, 2 or 3. The third bid protest letter received was submitted by
ARB, Inc, dated June 28, 2011, where they objected to awarding the contract to the apparent third
lowest bidder, CCL Contracting, Inc. stating the following:
"Whether or not the proper interpretation was applied is another question, the forms that are now in
question were included." ... "If ARB is not awarded this contract, by virtue of misinterpretation of
confusing documents, the whole idea of the DBE program will have been ill served."
Staff contacted the California State Water Resources Control Board, who administers the EPA
funding, regarding the submittal requirements of Forms 6100-3 and 6100-4 and they indicated that
failure to provide this information as stipulated in the financing agreement language will be cause for
withholding disbursements. Because this project is receiving federal funds from the EPA, they
required Forms 6100-3 and 6100-4 to be completed and submitted with the contractor's bid as part of
the EPA's "Disadvantaged Business Enterprise Program". The requirement for all bidders to submit
Page 3
filled out forms was specified in the contract documents. Therefore, staff is recommending that
because the two apparent lowest bidders did not submit EPA forms 6100-3 and 6100-4 completely
filled out, as required in the contract documents, that HPS Mechanical and ARE, Inc. bids be found as
nonresponsive bids; and therefore, precluded from award of a contract. Further, staff recommends
awarding the contract to the third lowest responsive bidder, CCL Contracting, Inc., for the total bid
amount of $4,309,300. The City of Vista concurs with staff's recommendation.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for
the VC4. On November 4, 2009, the Planning Commission adopted Resolution No. 6644 adopting a
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Resolution No.
6645 approving Coastal Development Permit (CDP 09-03) and Resolution No. 6646, Special Use
Permit (SUP 09-01) for the project.
FISCAL IMPACT:
The Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508, current appropriation to date
is $6,225,000. Expenditures and encumbrances to date for design, construction, inspection and
environmental monitoring is $682,090 leaving a balance of $5,542,910.
The total estimated project cost is shown in Table 1.
TABLE 1 - BUDGET FOR PROJECT NO. 5508
PROJECT
Design Phase Engineering Costs
Construction Contract (CCL
Contracting, Inc.)
Construction Management,
Inspection, and Materials Testing
(Budget)
Environmental & Archeology
Monitoring (Budget)
Contingency
PROJECT TOTAL COST
CURRENT APPROPRIATION
ADDITIONAL APPROPRIATION
REQUIRED
CURRENT DEPOSIT (VISTA)
ADDITIONAL REIMBURSEMENT
(VISTA)
ESTIMATED
COSTS
$673,000
$4,309,300
$327,700
$35,000
$400,000
$5,745,000*
$6,225,000*
NONE
CITY OF
CARLSBAD
$70,000
$448,300
$34,100
$3,600
$41,600
$597,480
CITY OF
VISTA
$603,000
$3,861,000
$293,600
$31,400
$358,400
$5,147,520
$1,146,349
$4,001,171
FUNDING
SOURCE
Carlsbad
Sewer
Replacement
Funds and
City of Vista
The actual cost will be prorated
10.4%, respectively.
between the Cities of Vista and Carlsbad; 89.6% and
Page 4
On February 22, 2011, the "Project Agreement" was approved and accepted by the City of Vista and
subsequently approved the Carlsbad City Council on March 8, 2011. The "Project Agreement"
identifies the specific improvements, shows each agency's cost share, and the reimbursement
payment schedule. The City of Vista submitted a payment in the amount of $1,146,349 to the City of
Carlsbad for design phase engineering services and provided an initial deposit of 15 percent for
construction costs in accordance with the "Project Agreement". The City of Vista will make monthly
progress payments for completed work within 30 days of receipt of invoices from the City of Carlsbad.
The total project cost associated with the Buena Vista Lift Station Forcemain, Reach VC4, Project No.
5508, is budgeted at $5,745,000 as shown in Table 1. Sufficient funds are available for completion of
the project. The City of Carlsbad's share of the project cost budget is $597,480, and is funded by the
Sewer Replacement Fund. The City of Vista's cost share of the project cost budget is $5,147,520.
EXHIBITS:
1. Location Map.
2. Bid Protest Letters
3. Resolution No. 2011-176 awarding the contract to CCL Contracting, Inc. for the
construction of the Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508.
H
LOCATION MAP
REACH VC4
FORCEMAIN
NOT TO SCALE
BUENA VISTA
STATION
VICINITY
MAP
NOT TO
SCALE
sm
PROJECT NAME
BUENA VISTA LIFT STATION FORCE MAIN, REACH VC 4
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD UTILITIES DEPT. 2/23/11 C: \CAPITAL\AHLES\BUENA LIFT STATION FORCE UAIN.DVK
EXHIBIT 2
CCL CONTRACTING, Inc.
1938 Don Lee Place
Bscondido, CA 92029
June 20, 201.
City of Carlsbad
Attn: Kevin L, Davis
1635 Faraday Ave.
Carlsbad, CA 92008
RE: Buena Vista Lift Station Force Main (VC-4) - Bid Protest
Dear Mr. Davis
CCL Contracting requested copies of the bid documents for the above referenced project
on June 9, 2011 and we received them on June 20, 2011. Following review of the bid
packages we have concluded that the low two bidders submitted nonresponsive bids and
they should be precluded from award of the above referenced project.
HPS Mechanical and ARB, did not submit the required bid documents (EPA Form 6100-
3, and EPA Form 6100-4) as required in the specifications pages 5 of 60, 11 of 59, and
EPA-4, please see enclosures.
The basic rule of competitive bidding is that bids must conform to specifications, and that
if a bid does not so conform, it may not be accepted. It is undisputed that HPS and ARB
were required to submit a bid in accordance with the bid specifications. Accordingly, the
bids are nonresponsive.
CCL requests the City of Carlsbad, enforce its bid specifications and award the project to
CCL Contracting as the lowest responsive and responsible bidder. We request notice of
any hearing by the City regarding the project or this protest and copies of any response to
this protest by HPS or ARB. Thank you for your consideration
Sincerely,
hyan Lusky
CCL Contracting Inc
Telephone (760) 743-2254 Fax (760) 743-7251
License #7988 3.9
Protection Agency (EPA) Re
Section Title
Disadvantage Business Enterprise (DBE) Program
Good Faith Effort
Page
EPA- 1
/
EPA Forms
EPA Form 6100-2 (DBE Subcontractor Partlcjpjtion Form]
-""""""--•>' v* ~~~'""\f^"~~ ' ""~~~y^" '"" '
HE PA Form 8100-3 (DBE Subcontractor Performance Form)
TO BE THE BID
EPA Form 6100-4 {DBE Subcontractor Utilization Form)
TO BE WITH THE BID
Ufiization Form UR 334
EPA-10
EPA-12
EPA-13
iin (VG-4)Page 5 of 60 Pages
"7
EPA Form 6100-2 (DBE Subcontractor Participation Form
.''"" ~X'""'~"~"X-'"" -^--" -~-^^-- -~-v-'"
EPA Form 6100-3 (DBE Subcontractor Performance Form)
^" TO BE SUBMITTED WITH THE BID
( EPA Form 6100-4 (DBE Subcontractor Utilization Form)
\ TO BE SUBft/liTTED WITH THE BID T"'
APPENIDSX F - CARLSBAD COASTAL DEVELOPMENT PERMIT AND SPECIAL USE PERMIT
Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 11 of 59 Pages
August 2010
EPA Horrn 6100-4 - DBE Program Subcontractor Utilization s-orm. This form captures
the prime's intended use of an Identified DBE subcontractor and the estimated dollar
amount of the subcontract. The form should contain information on all subcontractors
(DBE and non-DBE) that the prime contractor/bidder will be using on the project.
NOTE: EPA Fortns 6100-3 ajMJJLJML-'i Must b.e.submjtJMl_as...pa.rt of the jjjd or
proposal package.
ft*1
^\
FORM
EPA Form
8100-2*
-EPA Form
6100-3*
EPA Form
6100-4*
REQUIREMENT
Recipients required
to have prime
contractors provide
^SubcontrSaors
Recipients required
to have prime
contractors provide
form to
Subcontractors
Recipients required
to have prime
contractors complete
the form
BY
Prime
Contractors
^V" ^, -
Prime
Contractors
Recipients
COUP! FTFO RY>*#''W^siB »»»•«« 1 li.«W 5™$ B
DBE Subcontractors
DBE Subcontractors
Prime Contractors
TO |
EPA DBE
Coordinator ~
Joe Ochab
2§1^Ci2§^^^^ir^
Recipients as part •
of bid package
Recipients as part ,
of bid package ^
The purpose of the enclosed Bidders List is to provide the recipient and entities receiving
identified financing agreements, who conduct competitive bidding with as accurate of a
database as possible, about the universe of MBEAA/BE and non-MBE/WBE prime and
subcontractors.
• A recipient of a Continuing Environmental Program Grant or other annual grant must
create and maintain a bidders list;
* A recipient of an EPA financial assistance agreement to capitalize CWSRF funds also
must require entities receiving identified funds to create and maintain a Bidders List if the
recipient of the financing agreement is subject to, or chooses to follow, competitive
bidding requirements;
• The list must include a!! firms that bid or quote on prime contracts, or bid or quote
subcontracts on EPA assisted projects, including both MBEArVBEs and non-MBE/WBEs;
and
* The bidders fist must only be kept until the grant project period has expired and the
recipient is no longer receiving EPA funding under the grant. For entities receiving
identified financing agreements, the bidders list must only be kept until the project period
for the identified financing agreement has ended.
Bidders List
1 . Entity's name with point of contact;
2, Entity's mailing address, telephone number, and ernaii address;
3, The procurement on which the entity bid or quoted, and when; and
4, Entity's status as an MBE/WBE or non-MBE/WBE only.
A recipient under the CWSRF, Dringking Water State Revolving Fund, or Brownfiei>
Cleanup Revolving Loan Fund Program is not required to apply the Bidders List
Contract No. 55081 Page EPA •• 4
A subsidiary of
Primoris Services Corporation
June 28, 2011
Kevin L Davis
Sr. Contract Administrator
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: BUENA VISTA LIFT STATION FORCE MAIN (VC-4)
Sir,
On June 27, 2011 at approximately 3PM, ARB contacted Dave Ollis at the City of Carlsbad
regarding the status of the Buena Vista Lift Station Force Main Bid. At this time Dave
Ollis related that there was a possibility that the all Bids would be rejected or that the
project would be awarded to the third Bidder for the first two were non-responsive.
As ARB was second low Bidder, the question was asked why ARB was considered
non-responsive. At this time Dave Ollis related that ARB had not turned in the EPA forms
6100-3 or 6100-4 indicated in an e-mail he received from Ken Davis.
Upon review of ARB Bid Documents, sent to ARB by the City of Carlsbad, the forms were
included with the bid. Whether or not the proper interpretation was applied is another
question, the forms that are now in question were included. Further review reveals that
ARB is the only Bidding Contractor with actual DBE participation. ARB took the Good Faith
Effort very seriously, at the cost of competitiveness to assure minority/disadvantaged
participation was included. Further real documentation was provided with the Good
Faith Effort submittal.
Why would an Agency chose to Award a Project to a higher priced Bidder, that has zero
dollars applied to DBE contracts, and not consider a true attempt to include Disadvantaged
and Minority Contractors in the work, in the spirit of a "Good Faith Effort", as intended
by the authors? If ARB is not awarded this contract, by virtue of misinterpretation of
confusing documents, the whole idea of the DBE program will have been ill served.
The Third Bidder did not comply with the intent of the contract to supply a price for both
Schedule A and Schedule B. Every other Bidder gave the City of Carlsbad the option of
installing a new 24 inch line rather than CIPP Line the existing. The Third Bidder took it upon
themselves to make this decision for the City. ARB will certainly Protest the Award of this
contract to the Third Bidder, CCL Contracting.
incerely.
'ack Miller
Senior Estimator
ARB, Inc
ARB, Inc. » 26000 Commercentre Drive » Lake Forest, California 92630 » Tel.949.598.9242 » Fax.949.595.5526 10
June 14, 2011
Kevin L. Davis
Sr. Contract Administrator
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: BUENA VISTA LIFT STATION FORCE MAIN (VC-4)
Sir,
ARB, Inc. requested copies of the Bid Documents for the above
referenced project on June 9, 2011, and received them June 13, 2011.
Following review of all four of the Bid Packages we have concluded that
the Low Bidder, HPS Mechanical Inc. submitted a Nonresponsive Bid and
therefore should be precluded from award of the BUENA VISTA LIFT
STATION FORCE MAIN (VC-4) Project. The most apparent finding is that
HPS Mechanical Inc. did not acknowledge receipt of Addendums 2 and 3
on Sheet 15 of the Bid Documents and further did not include the required
signed and dated Addendum Cover sheets for Addendums No. 1, 2 or 3.
The failure to acknowledge all Addendums as required must be
considered a major bid discrepancy, which results in an unfair advantage
by not including the value of the same Addendum as the other responsive
bidders that properly acknowledged each addendum as required. With
this in mind ARB, Inc. Protests the Award of the BUENA VISTA LIFT
STATION FORCE MAIN (VC-4) Project and requests the Project be
awarded to the next Responsive Bidder, ARB, Inc.
ack Miller
xSenior Estimator
ARB, Inc
26000 Commercentre Drive Lake Forest, California 92630 949.598.9242 Fax.949.595.5526
July 13, 2011
Kevin L. Davis
Sr. Contract Administrator
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: BUENA VISTA LIFT STATION FORCE MAIN (VC-4)
Sir,
Thank you for your Letter of Evaluation in regards to the above referenced
Project.
ARB, Inc. acknowledges our misunderstanding regarding the Forms cited
in your letter. Be assured that the manner and format submitted at Bid
Time were thought to be compliant. Contrary to your letter, ARB did
include the forms as required. Furthermore, ARB was compliant with all
other Bid Documents which is not similar to the "lowest bidders". The
question posed to the City of Carlsbad still remains.
"Why would an Agency choose to Award a Project to a higher priced Bidder,
that has zero dollars applied to DBE contracts, and not consider a true attempt
to include Disadvantaged and Minority Contractors in the work, in the spirit of a
"Good Faith Effort", as intended by the authors?"
We would like an opportunity to pose the same question to the City of
Carlsbad Council. Please respond with the scheduled meeting in which
we may be able to do so.
Sincerely,
Jack Miller
Senior Estimator
ARB, Inc
26000 Commercentre Drive Lake Forest, California 92630 949.598.9242 Fax.949.595.5526
of Carlsbad
Public Works - Contract Administration
July 11,2011
Brian Lusky
CCL Contracting Inc.
1938 Don Lee Place
Escondido CA 92029
EVALUATION RESULTS FOR BIDS SUBMITTED FOR "BUENA VISTA LIFT STATION FORCE MAIN
(VC-4)
Carlsbad staff has completed the evaluation of bid submissions for this project. We will
recommend to the Carlsbad City Council that your bid be declared to be responsive and
the work in the project be awarded to your organization. The reason for this action is
the omission of required documents by the two lower bidders which were due at the bid
deadline.
The City's funding source for this project included the State of California. The funds
were accompanied by rules related to the bidding and award of our contract. The
submission of certain forms at bid deadline was among the requirements. I called the
State of California (source: Barbara August) to see if we could waive this requirement
but the request was denied.
The Carlsbad City Council will consider the award at a future council meeting. Thank
you for your interest in providing services to the City of Carlsbad.
;EVIN L. DAVIS
Sr. Contract Administrator
1635 Faraday Avenue • Carlsbad, CA 92008-7314 « (760) 602-4677 - FAX (760) 602-8562
of Carlsbad
Public Works - Contract Administration
July 11,2011
Jack Miller
ARB Inc.
26000 Commercenter Drive
Lake Forest CA 92630
EVALUATION RESULTS FOR BIDS SUBMITTED FOR "BUENA VISTA LIFT STATION FORCE MAIN
(VC-4)
Carlsbad staff has completed the evaluation of your bid submission for this project.
Unfortunately, we will recommend to the Carlsbad City Council that your bid be declared
to be non-responsive. The reason for this action is the omission of required documents
which were due at the bid deadline. The documents were Forms 4, 6100-3 and 6100-4.
These forms were either not submitted or submitted but not completed.
The City's funding source for this project included the State of California. The funds
were accompanied by rules related to the bidding and award of our contract. The
submission of completed Forms 4, 6100-3 and 6100-4 at bid deadline were among the
requirements. I called the State of California (source: Barbara August) to see if we
could waive this omission but the request was denied.
Due to a similar omission by the lowest bidder, City staff will recommend that the City
Council award to the third low bidder, CCL Contracting.
We will look forward to future bids from your organization. Thank you for your interest in
providing services to the City of Carlsbad.
Sr. Contract Administrator
1635 Faraday Avenue » Carlsbad, CA 92008-7314 « (760) 602-4677 • FAX (760) 602-8562
of Carlsba
Public Works - Contract Administration
July 11, 2011
HPS Mechanical Inc.
3100 East Belle Terrace
Bakersfield CA 93307
EVALUATION RESULTS FOR BIDS SUBMITTED FOR "BUENA VISTA LIFT STATION FORCE MAIN
(VC-4)
Carlsbad staff has completed the evaluation of your bid submission for this project.
Unfortunately, we will recommend to the Carlsbad City Council that your bid be declared
to be non-responsive. The reason for this action is the omission of required documents
which were due at the bid deadline. The documents were Forms 6100-3 and 6100-4.
The City's funding source for this project included the State of California. The funds
were accompanied by rules related to the bidding and award of our contract. The
submission of Forms 6100-3 and 6100-4 at bid deadline were among the requirements.
I called the State of California (source: Barbara August) to see if we could waive this
omission but the request was denied.
Due to a similar omission by the second lowest bidder, City staff will recommend that
the City Council award to the third low bidder, CCL Contracting.
We will look forward to future bids from your organization. Thank you for your interest in
providing services to the City of Carlsbad.
Sr. Contract Administrator
1635 Faraday Avenue » Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562
1
RESOLUTION NO. 2011-176
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT TO
CCL CONTRACTING, INC. FOR CONSTRUCTION OF BUENA
4 VISTA LIFT STATION FORCEMAIN, REACH VC4, PROJECT
NO. 5508.
5
WHEREAS, the existing sewer forcemain, referred to as Reach VC4, within Jefferson
6
Street has deteriorated significantly and needs immediate rehabilitation and/or replacement; and
7
WHEREAS, the City of Carlsbad proposes to rehabilitate and/or replace the existing
8
sewer forcemain in Jefferson Street through construction of the Buena Vista Lift Station
9
Forcemain, Reach VC4, Project No. 5508; and
10
WHEREAS, the plans, specifications, and contract documents for furnishing all labor,
11
materials, tools, equipment, transportation, and other expenses necessary or incidental to the12
Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508, have been prepared and are
I O
on file in the Utilities Department of the City of Carlsbad and are incorporated herein by14
reference; and
WHEREAS, A Mitigated Negative Declaration and Mitigation Monitoring and Reporting16
Program was prepared for the Buena Vista Lift Station Forcemain, Reach VC4 Project No.
5508, and on November 4, 2009, the Planning Commission adopted Resolution No. 6644,18
adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Programi y
and Resolution No. 6645, approving Coastal Development Permit (CDP 09-03) and Resolution
No. 6646, Special Use Permit (SUP 09-01) for the project; and
22 WHEREAS, City Council approved a "Project Agreement" by Resolution No. 2011-034
23 on March 8, 2011, which calls for the City of Vista's share of the project cost to be 89.6 percent
24 and Carlsbad's share to be 10.4 percent; and
25 WHEREAS, four (4) sealed bids were received on June 9, 2011 by the City of Carlsbad
2Q for the construction the Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508, and
27 were subsequently reviewed by staff; and
28
\\8
1 WHEREAS, the two apparent lowest bidders did not submit EPA forms 6100-3 and
2 6100-4 completely filled out with their bid, as required in the contract documents; and therefore,
3 that HPS Mechanical and ARB, Inc. bids are nonresponsive bids; and are precluded from award of
4 a contract; and
5 WHEREAS, the lowest responsive and responsible bid to construct said project was
6 submitted by CCL Contracting, Inc., in the total amount of $4,309,300; and
7 WHEREAS, there are sufficient funds available to complete the project; and
8 WHEREAS, subsection 3.28.040(C)(5) of the Carlsbad Municipal Code authorizes the
9 City Manager to approve change orders in the amount equal to the contingency set at the time of
10 project award.
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
12 California, as follows:
1?1. That the above recitations are true and correct.
14 3. That the bid of $4,309,300 submitted by CCL Contracting, Inc., for the
construction of the Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508, is accepted
1R and the Mayor is hereby authorized to execute a contract with CCL Contracting, Inc., for the
17 Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508.
18 4. That the City Manager is hereby authorized to approve construction change
19 orders up to $400,000.
20 5. That the award of this contract is contingent upon CCL Contracting, Inc.,
21 executing the required contract and submitting the required bonds and insurance policies, as
22 described in the contract, within twenty (20) days of adoption of this resolution. The City Manager
23 may grant reasonable extensions of time.
24
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26th day of July, 2011, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: Council Member Kulchin.
MATT HAlL, Mayor
ATTEST:
tOR&AINE M. WOOD, City CleFk
(SEAL)