HomeMy WebLinkAbout2012-05-08; City Council; Resolution 2012-10317
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RESOLUTION NO. 2012-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
^ CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND
^ AWARDING A CONTRACT FOR THE CONSTRUCTION OF
THE TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER
4 AVENUE. PROJECT NO. 6324-1.
5 WHEREAS, the City Council of the City of Carisbad, California, has determined it
6 necessary, desirable, and in the public interest to construct a traffic signal at the intersection of El
7 Fuerte Street and Loker Avenue; and
8 WHEREAS, eight (8) sealed bids were received on April 4, 2012 by the City of Carisbad
9 for the construction of said project; and
10 WHEREAS, the lowest responsive and responsible bid to construct said project was
11 submitted by HMS Construction, Inc., in the amount of $159,963; and
12 WHEREAS, on April 9, 2012, HMS Construction, Inc., sent a written request to be
1^ relieved of their submitted bid due to a clerical error, in accordance with California Public Contract
^ Code Section 5103; and
^ ^ WHEREAS, the City of Carlsbad was made aware that a mistake had been made; and
WHEREAS, the bidder, HMS Construction, Inc., gave the City of Carlsbad written notice
within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of
the bids of the mistake, specifying in the notice in detail how the mistake occurred; and
WHEREAS, the mistake made the bid materially different than the bidder, HMS
Construction Inc., intended it to be; and
WHEREAS, the mistake was made in filling out the bid and not due to error in judgment
or to carelessness in inspecting the site of the work, or in reading the plans or specifications; and
WHEREAS, the second lowest responsive and responsible bid to construct said project
was submitted by Sutheriin Construction, Inc., in the amount of $169,327; and
WHEREAS, there are sufficient Gas Tax funds available to complete the project; and
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WHEREAS, subsection 3.28.040(C)(6) of the Carisbad Municipal Code authorizes the
City 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 City Council of the City of Carisbad,
California, as follows:
1. That the above recitations are true and correct.
2. That City Council determines that HMS Construction, lnc.be relieved of their bid
due to a clerical error, in accordance with California Public Contract Code Section 5103.
3. That payment of prevailing wages will not be required as part of the construction
contract per City of Carisbad Municipal Code Section 3.28.130.
4. That the second lowest bid of $169,327 submitted by Sutheriin Construction, Inc.,
is accepted and the Mayor is hereby authorized to execute a contract for the construction of the
traffic signal at El Fuerte Street and Loker Avenue.
5. That the City Manager is hereby authorized to approve construction change
orders up to $16,933.
6. 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 twenty (20) days of adoption of this
resolution. The City Manager may grant reasonable extensions of time.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carisbad on the 8^^ day of May, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: Council Member Hall.
ANN KULCHIN, MayoY Pro Tem
ATTEST:
LQRftAI^E M. WOOD, City Clerk
(SEAL)