HomeMy WebLinkAbout2023-02-07; City Council; Resolution 2023-044RESOLUTION NO. 2023-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING BIDS, AWARDING A CONTRACT TO DICK MILLER,
INC. AND WAIVING MINOR IRREGULARITIES IN DICK MILLER, INC'S BID FOR
THE 2021 SIDEWALK CONSTRUCTION PROJECT
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to construct the 2021 Sidewalk Construction Project as part of the
Sidewalk/Street Construction Program, Capital Improvement Program, or CIP, Project No. 6002-21, or
Project; and
WHEREAS, on Nov. 15, 2022, the City Council adopted Resolution No. 2022-261, approving the
plans and specifications and authorizing advertisement of the Project for construction bids; and
WHEREAS, on Jan. 17, 2023, staff received six bids for construction of the Project; and
WHEREAS, Dick Miller, Inc. submitted the lowest responsive and responsible bid to construct
the Project, in an amount of $448,879; and
WHEREAS, staff recommend that pursuant to Carlsbad Municipal Code Section 3.28.080(1)(3),
the City Council waive the minor irregularities in the bid from Dick Miller, Inc.; and
WHEREAS, sufficient funding from the Traffic Impact Fees is available to complete the Project;
and
WHEREAS, Carlsbad Municipal Code Sections 3.28.080(C) and 3.28080(1)(6) require the City
Council award all formally bid contracts when the value exceeds $200,000; therefore, the Project is
subject to this requirement; and
WHEREAS, Carlsbad Municipal Code Sections 3.28.040(C}(S) and 3.28.090(B) 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 $90,000 for the Project; and
WHEREAS, the City Planner has determined that the Project is exempt from the California
Environmental Quality Act, or CEQA, under CEQA Guidelines Section 15301(c) -minor alteration of
existing facilities including streets, sidewalks, gutters, and similar facilities involving negligible or no
expansion.
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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 irregularities in the bid submitted by Dick Miller, Inc. are minor and hereby
waived under Carlsbad Municipal Code Section 3.28.080(1)(3).
3.That the low bid of $448,789 submitted by Dick Miller, Inc. for construction of the 2021
Sidewalk Construction Project is accepted, and the Mayor is hereby authorized to
execute the contract for the Project.
4.That the City Manager or designee is hereby authorized to approve construction change
orders up to $90,000 for this Project.
5.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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of February, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
KEITH BLACKBURN, Mayor
LsHERRY FREISINGER, City Clerk (J (SEAL)