HomeMy WebLinkAbout2021-07-13; City Council; Resolution 2021-164RESOLUTION NO. 2020-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO SENITICA
CONSTRUCTION, INC. FOR THE POINSETTIA COMMUNITY PARK PHASE
IV IMPROVEMENTS PROJECT, CIP NO. 4608 IN AN AMOUNT NOT TO
EXCEED $1,870,600; AUTHORIZING THE COOPERATIVE PURCHASE
THROUGH THE USE OF A CALIFORNIA MULTIPLE AWARD SCHEDULE
CONTRACT, FOR A PRE-ENGINEERED RESTROOM BUILDING KIT FROM
ROMTEC, INC., IN AN AMOUNT NOT TO EXCEED $175,957; AND
APPROPRIATING $25,000 IN ADDITIONAL FUNDS FROM THE PUBLIC
FACILITIES FEE FUND
WHEREAS, the development of the Poinsettia Community Park Phase IV Improvements Project
is identified in the Poinsettia Community Park Master Plan; and
WHEREAS, the project's proposed amenities include an off-leash dog park, parking lot and
restroom; and
WHEREAS, on Aug. 21, 2019, the Planning Commission approved the conditional use permit
amendment and coastal development permit for the project; and
WHEREAS; although additional parking was not required in conjunction with the approval of
the conditional use permit and the coastal development permit for the dog park, staff received
correspondence from numerous patrons and neighbors about the demand for parking and identified
the need for the addition of a restroom; and
WHEREAS; on Oct. 31, 2019, the Planning Division approved a consistency determination for
the subject parking lot and restroom; and
WHEREAS, on Jan. 12, 2021, the City Council approved the contract documents, plans and
specifications for the Poinsettia Community Park Phase IV Improvements Project and authorized the
City Clerk to advertise the project for public bids (Resolution No. 2021-001); and
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WHEREAS, on Feb. 23, 2021, eleven sealed bids for the construction of the project were
received; and
WHEREAS, following the opening of the bids, a formal bid protest was received from Tr-Group
Construction; and
WHEREAS, the bid protest alleged that the three apparent lowest bidders did not possess the
required experience for installation of the pre-engineered restroom building; and
WHEREAS, after a detailed review of the bid protest and the advertised bid documents, staff
recommended the City Council reject all bids received, consistent with Carlsbad Municipal Code section
3.28.080(l)(3); and
WHEREAS; on April 13, 2021, the City Council rejected all bids (Resolution No. 2021-076) and
on April 14, 2021, the Poinsettia Phase IV Project was re-advertised for bids; and
WHEREAS; on May 18, 2021, twelve bids were received; and
WHEREAS, the apparent lowest responsive and responsible bid was submitted by Senitica
Construction, Inc. in an amount of $1,870,600; and
WHEREAS, following the opening of the bids, a formal bid protest was received from 3-D
Construction; and
WHEREAS; the bid protest alleged that the bid for the apparent low bidder, Senitica
Construction Inc. should be deemed non-responsive based on its listing of an asphalt subcontractor
that is not properly licensed to do that work; and
WHEREAS; after review of the bid protest by the City Attorney's office it was determined that
Section 4107(a)(6) of the California Public Contract Code allows the substitution of a subcontractor
when the listed subcontractor is not licensed pursuant to the Contractor's License Law; and
July 13, 2021 Item #7 Page 8 of 23
WHEREAS; on June 7, 2021, staff notified 3-D Construction the city has consented to Senitica's
request to substitute a properly licensed subcontractor for the asphalt work; and
WHEREAS; Senitica will be required to find a subcontractor to do the work for the exact amount
that was originally bid so that there would be no competitive advantage over any other bidder who bid
on the project; and
WHEREAS; for cost effectiveness, staff recommends that the city purchase and supply the
materials for the restroom building through the use of a cooperative purchase agreement; and
WHEREAS; Carlsbad Municipal Code Section 3.28.100 allows for the purchase of goods and/or
services through cooperative purchase agreements established by another agency when that agency
has made their purchase in a competitive manner, and the city's purchasing officer determines the
purchase is in the city's best interest; and
WHEREAS; the purchasing officer determined this purchase is in the city's best interest; and
WHEREAS; Carlsbad Municipal Code (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
WHEREAS, CMC Section 3.28.040(C)(5) authorizes the city manager or designee to approve
change orders in the amount equal to the contingency set at the time of project award, which is
$187,060 for the project; and
WHEREAS, staff recommends an appropriation of additional funds from the Public Facilities Fee
Fund, in an amount of $25,000 for the procurement and installation of security cameras at the site,
which is anticipated to be addressed via a separate contractor; and
WHEREAS, on Oct. 7, 1992, the Planning Commission approved CUP No. 92-5 and adopted a
Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Poinsettia
Community Park; and
July 13, 2021 Item #7 Page 9 of 23
WHEREAS; on Aug. 21, 2019, the Planning Commission found that the Poinsettia Park Phase IV
Project is within the scope of the prior environmental document and no further environmental
documentation is required per California Environmental Quality Act Guidelines Section 15162; and
WHEREAS; all applicable mitigation measures contained in the prior environmental document
have either been satisfied previously, will be incorporated into the Phase IV Project's construction
documents, plans/specifications, are existing Parks & Recreation Department policy, and/or are
conditions of approval in Planning Commission Resolution No. 7343 for the Phase IV 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 in an amount of $1,870,600 submitted by Senitica Construction, Inc. for
construction of the project is accepted, and the Mayor is hereby authorized to execute
a contract with Senitica Construction, Inc.
3.That the award of this contract is contingent upon Senitica Construction, Inc. executing
the required contract and submitting the required bonds and insurance policies, as
described in the contract, within 20 calendar days of 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.
4.That the City Manager or designee is hereby authorized to approve construction change
orders up to $187,600.
5.That the Mayor is hereby authorized to execute a State of California Multiple Award
Schedule (CMAS) contract, for a pre-engineered restroom building kit from Romtec, Inc.,
in an amount not to exceed $175,957.
6.That the Deputy City Manager, Administrative Services, is authorized to appropriate
•$25,000, from the Public Facilities Fee Fund to CIP Project No. 4608, for the procurement
and installation of security cameras at the site.
/I
July 13, 2021 Item #7 Page 10 of 23
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of July, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel.
(SEAL)
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