HomeMy WebLinkAbout2024-09-10; City Council; Resolution 2024-212RESOLUTION NO. 2024-212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE BIDS AND AWARDING A CONTRACT TO DICK
MILLER, INC. FOR THE EL CAMINO REAL WIDENING FROM SUNNY CREEK
ROAD TO JACKSPAR DRIVE PROJECT IN AN AMOUNT NOT TO EXCEED
$3,882,738 AND AUTHORIZING AN ADDITIONAL APPROPRIATION IN AN
AMOUNT OF $600,000 FROM TRANSNET FUNDS AND $250,000 FROM GAS
TAX FUNDS TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6094
WHEREAS, the City Council of the City of Carlsbad, California, has determined it is necessary,
desirable and in the public interest to construct the El Camino Real Widening from Sunny Creek Road to
Jackspar Drive Project, Capital Improvement Program, or CIP, Project No. 6094; and
WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.080(C) and 3.28.080(1)(6), which
govern purchasing in construction contracts, require the City Council to award all formally bid contracts
when the value exceeds $200,000; therefore, the project is subject to this requirement; and
WHEREAS, on April 16, 2024, the City Council adopted Resolution No. 2024-075, approving the
project plans and specifications and authorizing advertisement for construction bids for the project; and
WHEREAS, on May 29, 2024, staff received five bids for construction of the project, and the low
bidder subsequently withdrew its bid; and
WHEREAS, Dick Miller, Inc. submitted the second lowest responsive bid in an amount not to
exceed $3,882,738 and staff determined Dick Miller, Inc. is a responsible bidder; and
WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090(8) authorize the City Manager or
designee to approve change orders in an amount equal to the contingency set at the time of project
award, which is $650,000 for the project; and
WHEREAS, staff request an additional appropriation in an amount of $600,000 from TransNet
funds and $250,000 from Gas Tax funds, for a total appropriation request of $850,000, to CIP Project No.
6094 to complete the project; and
WHEREAS, the City Planner, through the process outlined in CMC Section 19.04.060, has
determined that the project belongs to a class of projects that the State Secretary for Natural Resources
has found do not have a significant impact on the environment. It is therefore categorically exempt from
the requirement for the preparation of environmental documents pursuant to Guideline Section
15303(d) Class 3 of the California Environmental Quality Act; and
WHEREAS, in making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the Guidelines do not apply to this project. The project is consistent with 15303(d)
Class 3 because it consists of construction limited to new facilities, such as street improvements of
reasonable length. The project fills in an existing gap in pedestrian and street facilities. A notice of this
determination was circulated to the public for a 10-day period, which began on Oct. 19, 2022, and ended
on Oct. 31, 2022, and no appeal was filed.
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 second lowest responsive bid of $3,882,738 submitted by Dick Miller, Inc. for
construction of the El Camino Real Widening from Sunny Creek Road to Jackspar Drive
Project, CIP Project No. 6094, is accepted, and the Mayor is authorized to execute the
contract for the project.
3.That the City Manager or designee is authorized to approve construction change orders
up to $650,000 for the El Camino Real Widening from Sunny Creek Road to Jackspar
Drive Project, CIP Project No. 6094.
4.That the City Manager or designee is authorized to appropriate $600,000 from TransNet
funds and $250,000 from Gas Tax funds to CIP Project No. 6094.
5.That the City Manager or designee is authorized to sign all other documents necessary
for regulatory compliance, to extend funding opportunities, or to otherwise implement
and finalize the project, all of which are subject to review and approval as to form by
the City Attorney’s office.
6.That the award of this contract is contingent upon Dick Miller, Inc. executing the
required contract and submitting the required bonds and insurance policies, as
described in the contract, within 20 calendar days after adoption of this Resolution. The
City Manager may grant reasonable extensions of time to execute the contract and
assemble the required bonds and insurance policies.