RESOLUTION NO. 24-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $86,533 FROM THE GENERAL FUND INTO ACCOUNT NO. 001-641-45700-000-22104 AND AWARDING A CONSTRUCTION CONTRACT TO U.S. BUILDERS AND CONSULTANTS, INC. FOR THE LIFEGUARD TOWERS REPLACEMENT (FY 2024), CIP PROJECT NO. 22104, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH U.S. BUILDERS AND CONSULTANTS, INC. IN THE AMOUNT OF $288,800, AND APPROVING A 10% PROJECT CONTINGENCY WHEREAS, the City’s beaches are served from 11 lifeguard towers that are near the end of their useful life and are in need of repairs; and WHEREAS, Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, is for the replacement of four lifeguard towers; and WHEREAS, the estimated project construction cost is $340,800 and is funded from the General Fund, Lifeguard Towers Replacement, Account No. 001-641-45700-000-22104, which has a current account balance of $254,267, making a supplemental appropriation in the amount of $86,533 from the General Fund into said project account necessary to fund the project; and WHEREAS, Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, was competitively bid; and WHEREAS, upon bid opening on November 28, 2023, the lowest responsive and responsible bidder was Tony Cossi Construction at $141,200 for the base bid; and WHEREAS, within five business days after the bid opening, on December 4, 2023, Tony Cossi Construction notified the City that it was withdrawing its bid pursuant to Public Contract Code section 5103 because of a mistake that they made while filling out the bid forms; and WHEREAS, next lowest responsive and responsible bidder for the base bid was U.S. Builders and Consultants, Inc., in the amount of $288,800; and WHEREAS, Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement of existing lifeguard towers where the new towers will be located on the same site as the towers replaced and will have substantially the same purpose and capacity.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated herein.
SECTION 2. That a supplemental appropriation in the amount of $86,533 from the General Fund into Account No. 001-641-45700-000-22104 is hereby approved; SECTION 3. That the City Council hereby finds that:
(a) A mistake was made in the bid submitted by Tony Cossi Construction; (b) Tony Cossi Construction gave the City written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred; (c) The mistake made the bid materially different than Tony Cossi Construction intended it to be; and (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.
Accordingly, consistent with Public Contract Code section 5103, Tony Cossi Construction is hereby relieved of its bid.
SECTION 4. That the lowest responsive and responsible bidder for the base bid was U.S. Builders and Consultants, Inc., in the amount of $288,800, and the construction contract for the Lifeguard Towers Replacement (FY 2024) CIP Project No. 22104, is hereby awarded to U.S. Builders and Consultants, Inc.
SECTION 5. That the City Manager is authorized and directed to execute a construction contract with U.S. Builders and Consultants, Inc. in the amount of $288,800 for the Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, in a form substantially similar to that presented to the City Council on February 20, 2023.
SECTION 6. That a 10% project contingency in the amount of $28,900 is hereby approved.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-24 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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Resolution No. 24-24 Page 3
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