HomeMy WebLinkAbout2017-10-24; City Council; Resolution 2017-202RESOLUTION NO. 2017-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, WAIVING THE MOBILIZATION/DEMOBILIZATION UNIT
PRICE DIFFERENTIAL AS A MINOR IRREGULARITY; AWARDING A
CONTRACT FOR THE OCEAN STREET BEACH ACCESS IMPROVEMENTS
PROJECT {CIP NO. 6057) TO BLUE PACIFIC ENGINEERING &
CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $3,097,500;
APPROPRIATING $262,019 IN ADDITIONAL FUNDS FOR CONSTRUCTION
COSTS; AND AUTHORIZING THE CITY MANAGER TO SIGN LETTERS
ASSUMING THE MAINTENANCE OF TWO OF THE PUBLIC ACCESS
EASEMENTS NEAR THE INTERSECTION OF OAK AVE. AND NEAR THE
INTERSECTION OF CYPRESS AVE.
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WHEREAS, construction of the proposed beach access improvements is desirable and in the
public interest of providing amenities that are consistent with the city's vision and mission statements,
the community's vision statement, and the City Council goal for enhancing the coastline; and
WHEREAS, the conceptual plans for the project, by Schmidt Design Group, were prepared with
significant public outreach and several opportunities for input during 2015 and 2016; and
WHEREAS, the conceptual plans, which were finalized in July 2016, included refurbishment and
improvement of these public beach accesses; and
WHEREAS, on Aug. 17, 2016, the Planning Commission issued a Coastal Development Permit (No.
CDP16-23) for the Ocean Street Beach Access Improvements; and
WHEREAS, staff advertised a Request for Qualifications and Price Proposals from design firms
to provide professional landscape architecture design services on the project; and
WHEREAS, on Nov. 8, 2016, the City Council adopted Resolution No. 2016-222 approving an
agreement with KTU+A Planning and Landscape Architecture for those services; and
WHEREAS, staff worked extensively with KTU+A to develop the contract, plans and
specifications for the implementation of the Ocean Street Beach Access Improvements; and
WHEREAS, on Aug. 22, 2017 the City Council approved the project's contract, plans and
specifications, and authorized its advertisement for public bids (Reso. No. 2017-160); and
WHEREAS, on Aug. 31, the project was advertised for public bids, and on Oct. 3, 2017, five bids
were received for the project; and
WHEREAS, the low bid of $3,097,500 was $4,826 more than the engineer's estimate of
$3,092,674 for the project; and
WHEREAS, the low bid included a minor irregularity by bidding a unit price of $200,000 for
mobilization/demobilization that exceeded the limit of 1.5 percent of the bid for that unit price; and
WHEREAS, staff recommends waiving that minor irregularity under Carlsbad Municipal Code
section 3.28.080(G)(3) because it did not confer a competitive advantage on the low bidder; and
WHEREAS, staff is recommending the award of contract to the low bidder, Blue Pacific
Engineering & Construction, Inc., in an amount not to exceed $3,097,500; and
WHEREAS, an appropriation of additional funds in the amount of $262,019, from the General
Capital Construction Fund/Infrastructure Replacement Fund to the project's budget, is requested for
construction costs; and
WHEREAS, subsection 3.28.040{C)(S) of the Carlsbad Municipal Code authorizes the City
Manager to approve change orders in the amount equal to the contingency set at the time of project
award; and
WHEREAS, the city has vertical public access easements over all seven of the stairways along
Ocean Street; and
WHEREAS, to ensure consistency in operations and quality standards for all seven of the Ocean
Street beach accesses, staff recommends assuming maintenance of the access north of the
intersection of Oak Ave. and the access south of the intersection of Cypress Ave., concurrent with
construction of this project; and
WHEREAS, the six-foot wide public beach access easement north ofthe intersection of Oak Ave.
is covered by the city's Acceptance of Irrevocable Offer to Dedicate, recorded on February 15, 1989
with the Recorder of San Diego County as instrument No. 89-079291; and
WHEREAS, the five-foot wide public beach access easement south of the intersection of Cypress
Ave. is covered by the city's Acceptance of Irrevocable Offer to Dedicate, recorded on April 8, 2004,
with the Recorder of San Diego County as instrument No. 2004-0300286.
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 City Council hereby waives the mobilization/demobilization unit price
differential as a minor irregularity.
3. The Mayor is hereby authorized and directed to execute a contract with Blue Pacific
Engineering & Construction, Inc., for the implementation of the Ocean Street Beach
Access Improvements Project (CIP No. 6057) in accordance with the contract, plans, and
specifications referred to herein, in an amount not to exceed $3,097,500.
4. The City Manager or designee is hereby authorized to approve construction change
orders, singly or in aggregate, up to $309,750 for the project.
5. The award of this contract is contingent upon Blue Pacific Engineering & Construction,
Inc. executing the required contract and submitting the required bonds and insurance
policies, as described in the contract, within 20 working days of adoption of this
resolution. The City Manager may grant reasonable extensions of time.
6. The Administrative Services Director is hereby directed to appropriate additional funds
from the General Capital Construction Fund/Infrastructure Replacement Fund, in the
amount of $262,019, to the project's budget.
7. The City Manager is hereby authorized to send a letter to the property owners of the
access north of the intersection of Oak Ave. and the access south of the intersection of
Cypress Ave., informing them of the city's intent to assume maintenance of these
vertical public access easements, attached hereto as Attachment "A."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of October, 2017, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES:
ABSENT:
None.
M. Hall.
KEITH BLACKBURN, Mayor Pro Tern
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BARBARA ENGLESON, City Clerk /
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