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Home My WebLink About2023-05-23; Municipal Water District; Resolution 1705RESOLUTION NO.1705 A RESO LUTION OF THE BOARD OF DIRECTORS OF TH E CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS, DENYING THE BID PROTEST OF THE SECOND LOWEST BIDDER AND AWARDING A CONTRACT TO HOUALLA ENTERPRISES LTD. DBA METRO BUILDERS AND ENGINEERS GROUP, LTD. FOR THE EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT CAPITAL IMPROVEMENT PROJECT NOS. 5007, 5009 AND 5050 IN AN AMOUNT NOT TO EXCEED $2,310,955, AND APPROPRIATING ADDITIONAL FUNDS FROM THE WATER REPLACEMENT FUND TO CAPITAL IMPROVEMENT PROGRAM PROJECT NOS. 5009 AND SOSO WHEREAS, the Carlsbad Municipal Water District Board has determined that it is necessary, desirable and in the public interest to install new motorized valves and actuators on existing water transmission mains for the El Fuerte and Maerkle Motorized Valves Project, Capital Improvement Program Project Nos. 5007, 5009 and SOSO, or Project; and WHEREAS, on Nov. 15, 2022, the Carlsbad Municipal Water District Board adopted Resolution No. 1689, approving the plans and specifications, and authorizing the advertisement of bids for the Project; and WHEREAS, on Jan. 18, 2023, staff received three bids for construction of the Project, which were deemed non-responsive for failing to identify the manufacturers for the valves and actuators to be used in the Project; and WHEREAS, on March 7, 2023, the CMWD Board adopted Resolution No. 1699, rejecting the bids received from the first bid solicitation and authorizing the Secretary of the Board of Directors to re- advertise for bids for the Project; and WHEREAS, on April 11, 2023, staff received three bids for construction of the Project; and WHEREAS, Houalla Enterprises Ltd. dba Metro Builders and Engineers Group, Ltd., or Metro, submitted the lowest responsive and responsible bid, in an amount of $2,310,955; and WHEREAS, on April 14, 2023, the second lowest bidder, CCL Contracting, Inc., filed a bid protest alleging the bid submitted by Metro was non responsive; and WHEREAS, staff conducted a review of Metro's bid and experience record and found the allegation to be unfounded and deem Metro's bid responsive; and WHEREAS, staff recommend that the bid protest by the second lowest bidder be denied and the contract be awarded to Houalla Enterprises Ltd. dba Metro Builders and Engineers Group, Ltd.; and WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.080(() and 3.28.080(1)(6) require the CMWD Board to award all formally bid contracts when the value exceeds $200,000; and WHEREAS, the Project requires an additional appropriation of $737,000 from the Water Replacement Fund, and sufficient funding is available in this fund; and WHEREAS, CMC Section 3.28.040(C)(S) authorizes the Executive Manager or designee to approve change orders in the amount equal to the contingency set at the time of project award, which is $346,600 for the Project; and WHEREAS, the City Planner has determined the Project is within the scope of the adopted Project Environmental Impact Report, or PEIR, and approved an addendum to document recent Project changes as appropriate. The California Environmental Quality Act, or CEQA, Guidelines Section 15164(c) notes an addendum need not be circulated for public review, but may simply be attached to the PEIR. Addendum No. 2 is to be attached to the PEIR in accordance with CEQA Guidelines Section 15164{c). NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the bid protest of the second lowest bidder, CCL Contracting, Inc., is denied. 3. That the bid in the amount of $2,310,955 submitted by Houalla Enterprises Ltd. dba Metro Builders and Engineers Group, Ltd. for construction of El Fuerte and Maerkle Motorized Valves Project, Capital Improvement Program Project Nos. 5007, 5009 and 5050, is accepted, and the CMWD Board President is authorized to execute a contract with Houalla Enterprises Ltd. dba Metro Builders and Engineers Group, Ltd. 4. That the Executive Manager or designee is authorized to approve construction change orders up to $346,600. 5. That the Deputy City Manager, Administrative Services, is directed to appropriate $56,000 from the Water Replacement Fund to CIP Project No. 5009 and $681,000 from the Water Replacement Fund to CIP Project No. SOSO, for a total appropriation of $737,000 to fund the Project. 6. That the award of this contract is contingent upon Houalla Enterprises Ltd. dba Metro Builders and Engineers Group, Ltd. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days of the adoption of this Resolution. The Executive Manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District ofthe City of Carlsbad on the 23rd day of May, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. fol KEITH BLACKBURN, President (1L SHERRY FREISINGER, Secretary (SEAL)