HomeMy WebLinkAbout2024-01-09; City Council; Resolution 2024-001RESOLUTION NO. 2024-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING BIDS, DETERMINING THE BID SUBMITTED BY
DYNAMIS NOW, LLC TO BE NON-RESPONSIVE AND AWARDING A CONTRACT
TO CONAN CONSTRUCTION, INC. FOR CONSTRUCTION OF THE CALAVERA
HILLS COMMUNITY CENTER REFURBISHMENT PROJECT, IN AN AMOUNT
NOT TO EXCEED $1,217,750
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to construct the Calavera Hills Community Center Refurbishment,
Capital Improvement Program Project No. 4746, or project; and
WHEREAS, on Oct. 10, 2023, the City Council adopted Resolution No. 2023-258, approving plans
and specifications that included a requirement to limit subcontracting to no more than 50% of the work
and authorizing advertisement of the project for construction bids; 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, the Carlsbad Municipal Code Sections 3.28.080(() and 3.28.080(1)(6) require the City
Council to award all formally bid contracts when the value exceeds $200,000, and therefore, the project
is subject to this requirement; and
WHEREAS, on Nov. 9, 2023, staff received six bids for construction of the project; and
WHEREAS, the apparent lowest bid submitted by Dyna mis Now, LLC in an amount not to exceed
$584,561 did not meet the requirement of limiting subcontracting to no more than 50% of the work
and therefore staff recommend the bid be found non-responsive for not meeting the requirement
stated in the bid solicitation; and
WHEREAS, Conan Construction, Inc., submitted the next lowest bid in an amount not to exceed
$1,217,750, and
WHEREAS, staff determined that Conan Construction, Inc. is a responsible contractor and its bid
is responsive; and
WHEREAS, the Carlsbad Municipal Code Sections 3.28.040(C)(5) 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 $182,000; 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(d) Class 1 because it
consists of maintenance of public facilities, such as the restoration or rehabilitation of deteriorated or
damaged structures, facilities, or mechanical equipment to meet current standards of public health
and safety.
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 $584,561 submitted by Dynamis Now, LLC is determined
to be non-responsive as they failed to limit subcontracting to no more than 50% of the
work.
3.That the bid in the amount of $1,217,750 submitted by Conan Construction, Inc., for
construction of the Calavera Hills Community Center Refurbishment Project, CIP Project
No. 4746, is accepted, and the Mayor is hereby authorized to execute a contract with
Conan Construction, Inc.
4.That the City Manager or designee is hereby authorized to approve construction change
orders for the project up to $182,000.
5.That the City Manager or designee is authorized to sign all other documents necessary
to finalize, implement and comply with the project, subject to their approval as to form
by the City Attorney.
6.That the award of this contract is contingent upon Conan Construction, 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 9th day of January, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)