RESOLUTION NO. 24-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO ACE CAPITAL ENGINEERING, INC. FOR THE CITY HALL STANDBY GENERATOR ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM UPGRADE, CIP PROJECT NO. 14812, IN THE AMOUNT OF $551,994, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WHEREAS, on April 20, 2021, the City Council accepted a grant, in the amount of $300,000, from the California Office of Emergency Services' Community Power Resiliency Allocation program and allocated the grant to the Orange County Sheriff Department (OCSD) Substation project budget; and WHEREAS, on August 16, 2022, the City Council approved a purchasing contract with Caterpillar Inc. (CAT), in the amount of $350,000, for a Standby Generator Equipment and Related Distribution Systems; and WHEREAS, Michael Baker International (MBI) designed and prepared a bid package to install a standby generator and electrical distribution system for the City Hall Building; and WHEREAS, the City conducted formal competitive bidding for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, Project No. 14812 (Project); and WHEREAS, on June 4, 2024, the city received eight (8) bids ranging from $357,250 to $1,857,421 for the Project; and WHEREAS, the apparent lowest bidder was Potential Electrical Design Services, Inc. of La Jolla, California, in the amount of $447,250, based on the low base bid and the alternate bid item, but its bid was not in strict conformity with the requirements of the Contract Documents in multiple respects; and WHEREAS, a city generally has the discretion to determine bid responsiveness and may either demand strict compliance with the bid specifications or can choose to waive a defect that is inconsequential or is an immaterial deviation; and WHEREAS, demanding strict compliance with the bid documents for this project is in the best interests of the City and the public and would avoid creating a competitive advantage or benefit from waiving the defects; and WHEREAS, the lowest responsive and responsible bidder was ACE Capital Engineering of Lake Forest, California, in the amount of $551,994, based on the low base bid and the alternate bid item; and WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 21084 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures, 14 CCR 21084). A Notice of Exemption was filed with the County of Orange Recorder’s Office on January 26, 2023 for this Project.
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 the City Council finds that the Potential Electrical Design Services’ bid was not strict compliance with the bid documents and is hereby rejected as non-responsive.
SECTION 3. That the City Council finds that ACE Capital Engineering, Inc. is the lowest responsive and responsible bidder, and the construction contract for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, Project No. 14812, is hereby awarded to ACE Capital Engineering, Inc.
SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812 with ACE Capital Engineering, Inc. in an amount of $551,994, in a form substantially similar to that presented to City Council on June 18, 2024.
SECTION 5. That a 15% project contingency of $82,800 for CIP Project No. 14812 is hereby approved. The City Manager is authorized to utilize the project contingency to the extent necessary and proper.
SECTION 6. 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. 24-107 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 2024, 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 _________________, 2024. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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Resolution No. 24-107 Page 3
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