HomeMy WebLinkAbout2023-04-04; City Council; Resolution 2023-097RESOLUTION NO. 2023-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING BIDS, DETERMINING THE BID SUBMITTED BY DB
PIPELINE, INC. TO BE NON-RESPONSIVE, AND AWARDING A
CONSTRUCTION CONTRACT TO CCL CONTRACTING, INC. FOR
CONSTRUCTION OF THE KELLY DRIVE SEWER REPLACEMENT PROJECT,
CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 5548-A, IN AN AMOUNT
NOT TO EXCEED $770,890
WHEREAS, the City Council has determined it necessary, desirable, and in the public interest to
construct the Kelly Drive Sewer Replacement Project, Capital Improvement Program, or CIP, Project
No. 5548-A; and
WHEREAS, on Dec. 13, 2022, the City Council adopted Resolution No. 2022-285, approving plans
and specifications that included a Technical Expertise requirement and authorizing the City Clerk to
advertise to receive bids for construction of the project; and
WHEREAS, Section 404 of the City Charter allows the City Council to set its own bidding
requirements in matters that are strictly a municipal affair; and
WHEREAS, on Feb. 15, 2023, six bids were received via electronic format for construction of the
project; and
WHEREAS, the apparent lowest bid submitted by DB Pipeline, Inc. in an amount not to exceed
$703,000 did not include sufficient documentation of meeting the Technical Expertise requirement and
therefore staff recommend the bid be found non-responsive for failing to document that they met the
expertise requirements stated in the bid solicitation; and
WHEREAS, CCL Contracting, Inc. submitted the next lowest bid in an amount not to exceed
$770,890, and staff determined that the bid is responsive and that CCL Contracting, Inc. is a responsible
contractor; and
WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.080(C) and 3.28.080(1)(6) require
the City Counci l to award all formally bid contracts when the value exceeds $200,000; therefore, the
project is subject to this requirement; 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
$116,000 for the project; and
WHEREAS, the City Planner has determined that the project is exempt from the California
Environmental Quality Act, or CEQA, under State CEQA Guidelines Sections 15302 (replacement or
reconstruction of existing facilities). None of the exceptions described in CEQA Section 15300.2 are
applicable to this project. A notice of exemption was filed in the office ofthe San Diego County Clerk in
compliance with Section 21152{b) of the Public Resources Code.
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 the amount of $703,000 submitted by DB Pipeline, Inc. is determined to
be non-responsive as they failed to document that they met the Technical Expertise
requirement.
3. That the bid in the amount of $770,890 submitted by CCL Contracting, Inc. for
construction of the Kelly Drive Sewer Replacement Project, CIP Project No. 5548-A, is
accepted, and the Mayor is hereby authorized to execute a contract with CCL
Contracting, Inc.
4. That the City Manager, or designee, is hereby authorized to approve construction
change orders up to $116,000.
5. That the award of this contract is contingent upon CCL Contracting, 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 4th day of April, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
for
KEITH BLACKBURN, Mayor
at
SHERRY FREISINGER, City Clerk
(SEAL)