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HomeMy WebLinkAbout2018-12-18; Municipal Water District; Resolution 1610RESOLUTION NO. 1610 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD (CMWD) OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING BIDS AND AWARDING A CONTRACT TO RAVEN CU CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $7,429,400 FOR THE MAERKLE RESERVOIR FLOATING COVER REPLACEMENT, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 5036. EXHIBIT 1 WHEREAS, the Carlsbad Municipal Water District (CMWD) Board of Directors (Board) ofthe City of Carlsbad, California has determined it necessary, desirable, and in the public interest to replace the Maerkle Reservoir floating cover, which is part of the existing CMWD water distribution system; and WHEREAS, this Project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(d)-restoration or rehabilitation of existing deteriorated or damaged structures to meet current standards of public health and safety that involve negligible or no expansion; and w·HEREAS, on July 10, 2018, CMWD Board Resolution No. 1599 approved plans and specifications, and authorized the secretary to the Board to advertise and receive bids for construction of the Maerkle Reservoir Floating Cover Replacement, CIP Project No. 5036 (Project); and WHEREAS, on Oct. 2, 2018, two sealed bids were received by CMWD for construction of the Project; and WHEREAS, the lowest responsible bid was submitted by Raven CU Construction, Inc. (Raven) in the amount of $7,429,400; and WHEREAS, the second lowest bidder has filed a bid protest alleging the listed subcontractor in Raven's for bid item is not qualified to perform the work because it does not have a C-10 electrical license; and WHEREAS, staff has reviewed the bid protest and the subcontractor's license. The subcontractor has a Class A General Engineering contractor's license and is qualified to perform the work in bid item 18 under Business and Professions Code § 7056 and the case of Pacific Caisson and Shoring, Inc. v. Bernards Bothers, Inc. 194 Cal. App. 681; and WHEREAS, Business and Professions Code § 7059 provides that in public works contracts the awarding authority determines the license classification necessary to bid and perform the project; and WHEREAS, staff recommends that the bid protest by the second lowest bidder be denied; and December 18, 2018 Item #5 Page 5 of 10 WHEREAS, sufficient funds exist for the completion of this Project in the Maerkle Reservoir Floating Cover Replacement Project, CIP Project No. 5036; and WHEREAS, subsection 3.28.040(C)(5) of the Carlsbad Municipal Code authorizes the executive 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 CMWD Board of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The bid protest by the second low bidder is denied. 3. That the bid in the amount of $7,429,400 submitted by Raven CU Construction, Inc. for construction of the Maerkle Reservoir Floating Cover Replacement, CIP Project No. 5036, is accepted and the president of the Board is hereby authorized to execute a contract with Raven CU Construction, Inc. 4. That the executive manager or designee is hereby authorized to approve construction change orders up to $743,000. 5. 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 20 days of adoption of this Resolution. The executive manager may grant reasonable extensions of time. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 18th day of December, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton. None. None. (SEAL) December 18, 2018 Item #5 Page 6 of 10