HomeMy WebLinkAbout2024-09-24; City Council; Resolution 2024-218RESOLUTION NO. 2024-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE BID RECEIVED, AWARDING A CONSTRUCTION
CONTRACT TO GEMS ENVIRONMENTAL SERVICES, INC. FOR THE FLEET FUEL
ISLAND UPGRADE PROJECT IN AN AMOUNT NOT TO EXCEED $2,591,321
AND AUTHORIZING ADDITIONAL APPROPRIATIONS OF $398,462 FROM THE
INFRASTRUCTURE REPLACEMENT FUND AND $400,000 FROM THE GENERAL
CAPITAL CONSTRUCTION FUND TO CAPITAL IMPROVEMENT PROGRAM
PROJECT NO. 4747
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to construct the Fleet Fuel Island Upgrade Project, Capital
Improvement Program, or CIP, Project No. 4747, and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 2024-158, approving the
plans, specifications and contract documents for the project, and ~uthorizing a bid solicitation for the
project; and
WHEREAS, the Carlsbad Municipal Code, or CMC, Sections 3.28.080(C) and 3.28.080(1)(6)
require the City Council to award all formally bid contracts when the value exceeds $200,000, and
therefore, the project is subject to this requirement; and
WHEREAS, on Aug. 14, 2024, staff received one bid for construction of the project; and
WHEREAS, staff have reviewed the bid and found GEMS Environmental Services, Inc. to be a
responsible bidder with a responsive bid in an amount not to exceed $2,591,321; and
WHEREAS, staff request additional appropriation in an amount not to exceed $398,462 from
the Infrastructure Replacement Fund and an appropriation in the amount not to exceed $400,000 from
the General Capital Construction Fund to CIP Project No. 4747; and
WHEREAS, CMC Sections 3.28.040(()(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 $389,000; and
WHEREAS, the City Planner, through the process outlined in CMC Section 19.04.060, has
determined that the project to upgrade the Fleet Fuel Island belongs to a class of projects that the State
Secretary for Natural Resources has found do not have a significant impact on the environment, and it
is therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301 (d) Class 1 of the California Environmental Quality Act, or CEQA,
Guidelines; and
WHEREAS, the project is consistent with 15301 (d) Class 1 because it consists of maintenance
of public facilities, such as restoration or rehabilitation of deteriorated or damaged structures, facilities,
or mechanical equipment to meet current standards of public health and safety. In making this
determination, the City Planner has found that the exceptions listed in Section 15300.2 of the CEQA
Guidelines do not apply to this project.
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 bid submitted by GEMS Environmental Services, Inc. in an amount not to
exceed $2,591,321 for construction of the Fleet Fuel Island Upgrade Project, CIP Project
No. 4747, is accepted, and the Mayor is hereby authorized to execute a contract with
GEMS Environmental Services, Inc., attached hereto as Attachment A.
3. That the City Manager or designee is authorized to appropriate $398,462 from the
Infrastructure Replacement Fund and $400,000 from the General Capital Construction
Fund to CIP Project No. 4747.
4. That the City Manager or designee is hereby authorized to approve construction change
orders for the Fleet Fuel Island Upgrade Project, CIP Project No. 4747, in an amount not
to exceed $389,000.
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 GEMS Environmental Services, 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of September, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLAt BURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
00 52 00 CONTRACT
This Project No. 4747 ("Contract") is made and entered into this ~ '5~ day of
Sr-~¼ M\,:c '<' • 2024, by and between the City of Carlsbad ("Agency")
and GESEnvironmental Management Services, Inc., a California corporation ("Contractor''),
whose principal place of business is 1120 Willow Pass Court, Concord, CA 94520.
The parties agree:
1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall
provide all labor, materials, equipment, tools, utility services, and transportation to complete all
the Work required in strict compliance with the Contract Documents for the following Project:
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade
The Contractor and its surety shall be liable to the Agency for any damages arising as a result of
the Contractor's failure to comply with the obligation described in this Section 1.
2. TIME OF COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the Agency's Notice to Proceed. The Contractor shall complete all Work required
by the Contract Documents within 365 calendar days from the commencement date stated in
the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate
and reasonable to complete the Work.
3. CONTRACT PRICE.
The Agency shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions made in accordance with the Contract Documents, and
including all applicable taxes and costs, the sum of two million five hundred ninety-one thousand
three hundred twenty one Dollars ($2,591,321.00). Payment shall be made as set forth in the
General Conditions.
The Engineer will close the estimate of work completed for progress payments on the last
working day of each month. The Agency shall withhold retention as required by Public Contract
Code Section 9203.
4. LIQUIDATED DAMAGES.
In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay
the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and
every Calendar Day of delay beyond the time of completion prescribed in this Contract as
Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor
agrees the Agency may deduct that amount from any money due or that may become due the
00 52 00 CONTRACT
Document Version: 1.0
Page 46 of 214
Date Printed: August 20, 2024
Current Update: May 2023
Attachment A
Contractor under the Contract. This Section does not exclude recovery of other damages
specified in the Contract Documents.
S. CONTRACT DOCUMENTS.
The "Contract Documents" include the following:
• 00 1110 Notice Inviting Bids
• 00 2110 Instructions to Bidders
• 00 41 00 Bid Form
• 00 42 10 Bid Bond or 00 43 20 Bid Security
• 00 43 30 Proposed Subcontractors
• 00 43 40 Bidder Information and Experience
• 00 45 10 Non-Collusion Affidavit
• 00 45 15 Iran Contracting Act Certification
• 00 45 20 Public Works Contractor Registration Certification
• 00 45 30 Statement of Regarding Debarment
• 00 45 35 Disclosure of Discipline Record
• 00 52 10 Contract
• 00 6110 Labor and Materials Bond
• 00 61 20 Faithful Performance and Warranty Bond
• 00 61 30 Optional Escrow Agreement (if applicable)
• 00 73 00 Supplemental General Provisions
• Technical Specifications for the Project
• All Addenda
• Plans and Drawings
• Permits
• 00 74 00 Supplemental Technical Provisions
• "Standard Specifications and Drawings," as last revised
• Standard Specifications for Public Works Construction "Greenbook," latest edition and
including all errata
o Part 1 General Provisions
o Part 2 to Part 8 (Construction Materials, Construction Methods, Existing
Improvements, Pipeline System Rehabilitation, Temporary Traffic Control, Street
Lighting and Traffic Signal Systems, Landscaping and Irrigation)
• Standard Plans for Public Works Construction, latest edition and including all errata
• Applicable Local Agency Standards and Specifications, as last revised
• Approved and fully executed change orders
00 52 00 CONTRACT
Document Version: 1.0
Page 47 of 214
Date Printed: August 20, 2024
Current Update: May 2023
• Any other documents contained in or incorporated by reference into the Contract
Documents
The Contractor shall complete the Work in strict accordance with the Contract Documents. The
requirements of the various sections or documents comprising the Contract Documents are
intended to be complementary. Work required by 1 of the Contract Documents and not by others
shall be done as if required by all. This Contract shall supersede any prior agreement of the
parties.
6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including, but not limited to, the
provisions of the Labor Code and Public Contract Code which are applicable to the Work.
7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency
Supplemental General Provisions.
8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates may be obtained online at http:ljwww.dir.ca.gov and which must be
posted at the job site.
00 52 00 CONTRACT
Document Version: 1.0
{signatures on following page}
Page 48 of 214
Date Printed: August 20, 2024
Current Update: May 2023
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
(CORPORATE SEAL}
CONTRACTOR
ByU?L
'(sign here}
bPl/fU a ~It{~
(print name/title}
By: ;j},£]"1J IL ~acfa (sign here}
J,€,{lloiWUAvna@ 5~CK~
(print name/title)
City of Carlsbad
By: ~ Keith Blackburn, Mayor
ATTEST:
fl, ~ k
for Sherry Freisinger, City Clerk
If required by the Agency, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the
following 2 groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s} signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
END OF SECTION
00 52 00 CONTRACT
Document Version: 1.0
Page 49 of 214
Date Printed: August 20, 2024
Current Update: May 2023