HomeMy WebLinkAbout1994-12-20; City Council; 12962; AWARD OF CONTRACT FOR CONSTRUCTION OF THE JEFFERSON STREET BIKE LANES - CITY PROJECT NO. 3156 FEDERAL PROJECT NO. 11-SD-CBD, STPLE-5308-(001)QTY OF CARLSBAD - AGWDA BILL
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AB # /Jj ?io 2-
DEPT.
CITY A CONSTRUCTION OF THE JEFFERSON STREET MTG, 12/20/94
DEPT. TITLE: AWARD OF CONTRACT FOR
RE~~MMENDED ACTION:
BIKE LANES - CITY PROJECT NO. 3156 - CITY M
Adopt Resolution No. 9q- 3'3 3 accepting bids and awarding City Project No.
Federal Project No. 11 -SD-0-Cbd, STPLE-5308-(001) for the construction of the Jefl
Street Bike Lanes.
ITEM EXPLANATION:
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The project creates two four-foot wide bicycle lanes along a section of Jefferson
between Interstate 5 and Marron Road in the City of Carlsbad. To accommodate thc
eight-foot width of the bike lane, portions of Jefferson Street will be widened whel
existing road shoulder is not wide enough. A minimum amount of fill will be placed '
north side of Jefferson Street, A crib wall will be placed along a 250-foot stretch ofthr
lane where there is a near vertical drop to the lagoon.
Bids were opened for the Jefferson Street Bike Lane Project on November 10, 1994.
following bids were received:
1. America Tang, Inc.
2. Retaining Walls, lnc.
3. Wier Construction, Inc.
4. Interwest Pacific, Inc.
5. Wakeham Baker, Inc.
6. West Coast General
$222,785.04
$256,27 1 -00
$297,583.00
$31 6,238.30
$322,322.00
$639,302.58
The America Tang, Inc., did not comply with the Disadvantaged Business goal. Cal
would not concur in the award to America Tang by letter of November 17, 1994 (Exhi
to the City Engineer. Both the City and Caltrans agree that the second low bi
Retaining Walls, Inc., did comply with the Disadvantaged Business goal for this pr'
Cakrans has provided its letter of concurrence, dated 12/06/94, (Exhibit 5) for the a
to Retaining Walls, Inc. Supplement No. 17 to the Local Agency-State Master Agree,
for Federal Aid Projects from the State of California Department of Transportation req
that the State concur with either award or rejection of the contract.
The second low bid by Retaining Walls, Inc., had statements of clarifications conditic
their original bid. Staff objected to the stipulation of conditions to the bid. Retaining V
Inc., sent a letter to the City dated November 22, 1994 (Exhibit 6) clarifying its b
November 10, 1994 by removing Condition Nos. 1, 2, 3, 4, and 5 on Page 11 of tht
package. This clariiication is deemed a minor irregularity which has been appropri;
rernoved. The bid is within ten percent of the engineer's estimate of $234,000
I considered reasonable. Staff is therefore recommending award to Retaining Walls, z 0
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Wier Construction has protested the award to Retaining Walls, Inc. A copy of their prc
letter is attached as Exhibit 3. After reviewing the protest, together with the Crty Attorr
office, staff recommends denial of the protest. Award of the contract to Retaining v\
Award without removal of the ambiguous "contingencies" would be a waiver of a mat
delect and an unfair bid advantage. Therefore staff required the bidder to clarify
ambiguity. Retaining Walls, Inc.,'s letter clarifies that it will perform all the work reqL
by the bid specifications, without any additional compensation. Accordingly, if Cot
Inca, does not constitute waiver of a bid defect, nor does it provide an unfair bid &ant
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Page 2 of Agenda Bill No. 42: 7h 2
approves the award, Retaining Walls, Inc., will perform all the work required of all bic
for the lowest responsive bid amount. Therefore, the protest of Weir construction s
be denied.
ENVIRONMENTAL REVIEW:
The Planning Director has reviewed this project and has issued a mitigated Ne$
Declaration and a finding of General Plan Consistency has been made by the Plal
Commission.
The proposed project will impact 0.1 0 acres of wetland habitat. The California Cc
Commission, the United States Fish and Wildlife Service, and the California Departmc
Fish and Game require mitigation of the disturbed area at a ratio of 4:l. The PI
provides 0.4 acres of revegetation by the elimination of exotic plants nearby and mitig
plantings of native wetlands species.
Permits were required and have been received by the above mentioned agencies.
extension of time for the permits will be processed upon letter request to the is:
agency. The California Coastal Commission and the State Department of Fish and C
will provide a one-year extension, and the Army Corps of Engineers will provide UF
three-year extension. The California Coastal Commission is not precluding work durin
rainy season, thereby allowing the work to proceed in a timely manner.
FISCAL IMPACT
Currently, the City has State Grant funds on deposit in Account No, 380-820-81 05-31
the amount of $64,000 and General Reserve funds on deposit in Account
31 1-820-1 840-31 56 in the amount of $80,000. Federal funding from the lntermodal Su
Transportation Efficiency Act (ISTEA) will provide $162,717 and be deposited in Acc
NO. 392-820-82 1 1 -3 1 56.
EXHIBITS:
1, Resolution No. 9 Y -333 accepting bids and awarding City Project No. C
Federal Project No. 1 1-SD-0-Cbd, STPLE-5308-(001) for the construction o
Jefferson Street Bike Lanes project.
2. Location Map.
3. Wier Corporation letter of protest dated December 5, 1994.
4. Caltrans’ November 17, 1994 letter rejecting America Tang, Inc., as awardt contract.
5. Caltrans’ December 6, 1994 letter providing concurrence with award to Retai
Walls, Inc.
6. Letter from Retaining Walls, Inc., dated November 22, 1994 providing clariiici
of its bid.
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LAI!,U I L I
1 RESOLUTION NO. 9 4 - 3 3 3
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING BIDS FOR THE
CONSTRUCTION OF THE JEFFERSON STREET BIKE LANES,
STPLE-5308=(0011
CITY PROJECT NO. 3156, FEDERAL PROJECT NO. 1 l-SD-0-Cbd,
5 WHEREAS, the City Council of the City of Carlsbad has determined it nc
6 desirable, and in the public interest to construct the Jefferson Street Bike Lanes; and
7 WHEREAS, plans, specifications, and contract documents for the furnishing of *
project have been prepared and are on file in the Engineering Department of th 9
materials, tools, equipment, transportation, and other expenses necessary or incidentr
lo Carlsbad; and
XI. I1 WHEREAS, the City Council of the City of Carlsbad has previously appropriai
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Grant funds and General Reserve funds with remaining balances of $64,OOO and
14 11 \I respectively, for said project; and
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WHEREAS, the Crty has made application for Federal Intermodal Surface Trans
Efficiency Act (ISTEA) funding through Caitrans in the amount of $162,717; and
I? ii WHEREAS, State Grant, Federal ISTEA, and General Fund Reserve funds are
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1 and 300-820-1840-3156 ($8O,OOO), respectively, for a total of $306,717; and 19
I available in Project Account Nos. 380-820-8105-31 56 ($64,OOO), 392-820-821 1-31 56 ($1
I
20 I/ WHEREAS, as a condition of the Supplemental Agreement No. 17 to tl
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Department of Transportation is required to either reject or award a contract. 22
~ Agency-State Master Agreement for Federal Aid Projects, that the concurrence from the (
23 WHEREAS, Retaining Walls, Inc., was the lowest responsive and responsible bid1
24 1 amount of $256,232; and
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WHEREAS, construction of said improvements is a matter of public necessity an ;; 1, j and
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1 WHEREAS, Wier Consttuction has protested the award to Retaining Walls, Inc
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Master Agreement for Federal Aid projects, Cattrans' concurrence for award or rejeci 7
2. That as a condition of Supplemental Agreement No. 17 to the Local Agen 6
1. That the above recitations are true and correct. 5
California, as follows:
gi
contract is acknowledged. 8
on alleged bid irregularities,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
3. That the lowest, responsive, and responsible bidder is Retaining Walls, I
4. That the bid of $256,232 by Retaining Walls, Inc. for construction of the J
Street Bike Lanes is hereby accepted, and the Mayor is hereby authorized to execute a
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I.2 1) thereafter.
13 11 5. That the protest of Wier Construction is hereby denied based on Retainin1
I* 'I Inc., clariiication letter dated, November 22, 1994 removing any bid qualifications impac 15
16 I! responsiveness of the bid.
17 I1 6. That in accordance with Carlsbad Municipal Code, Section 3.28.172(b)(3),
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22 1, 21 I
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j Manager is hereby authorized to approve individual change orders of $25,623 or le
19 1 cumulative value of $64,058.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ctty (
held on the 20th day of DECEMBER , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
23 11 NOES: None
24 i 25 ~
ABSENT: None
26 11 ATTEST:
27 '!
28 ALETHA L RAUTENKRANZ, Crty Clerk
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(SEAL)
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UCLYJU- L 7 2- c)u. LU ,dJERi & .IPORATIOIU " * .-w- I BWII
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. General Budding & Engineering Contractors
btrrae RWlAt9
December 5, 1994
Exhibit
Mr. Al Virgilio
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
RE; Bia/Project NO. 3156 Jefferson Street Bicycle Lanes Rebit
Dear Mr. Virgilio,
Pursuant to OUT discussion regarding the above referenced
project it is our understanding that the first bidder, Amer
Tang Inc. , has been rejected, and that the City of Carlsbal ("City") is now considesing the second bidder, Cribwall Corp
dba Retaining Walls Co., ("Retaining Walls"), and the third
bidder, Wier Constructior? Corporation ("Wie,r") for award of contract.
Please consider this Wier's Protest of an award of the refer' project by the City to Retaining Walls as their bid is
nonresponsive and invalid and must be rejected for the reas set forth in this letter,
Retaining Walls bid was specifically made contingent upon fi.
items, (refer to Attaclment "A") . Pursuant to our Conversatic
you indicated that the City has latitude in certain situatio:
waive minor irregularities in the bid. In addition, you stat1
that Retaining Walls had been contacted and to review and rw these contingencies via written agreement, after the bid ope:
Both the contingencies as contained in Retaining Wails bid,
the allowance of the revision made to the bid by the deletio:
the same gives Retaining. Walls a distinct competitive advant
aver other bidders as well as allows them to avoid forfeitur their bid bond.
Althouqh Wier understands and respects that in certain insta:
the City has authority to waive minor irreqularities in bids, this is not the case in instance. Pursuant to the holdinq of Xenefee v. Countv of F
(1985) 163 Cai.App.3d 1175, 210 Cal.Rtpr.99 the Menefee cou
instance. Pursuant to the holdinq of Xenefee v. Countv of F
(1985) 163 Cai.App.3d 1175, 210 Cal.
456 E. Grand Ave. m Suite I05 s kcondido, CA 92025 (6191 7436776 FA% (619) 74
Page 1 of 5
DEC-06-1994
OaZz6 0 WlM LUN3 I . LuKr. t _._ 4,
Exhibit 3 I
authorizes public entities to waive minor irregularities as
as the bidder does not obtain an unfair advantage by the wai-
,.
"If the contractor would be able to avoid forfeiture cf the 1
after their bid is accepted, then the deficiency of the bid 1
have given them an unfair advantage over other bidders and wc
render the bid invalid.'' (uenefee, supra, 163 Cal.App.3d at
pp.1178 and 1179.) Additionally, "the bid must be in such a
that upon its acceptance a valid obligation is put upon the
bidder to enter into the formal contract, all the terms of w'
are fixed, and, if he does not, will enable the City to enf
the penalty." (EJillim v. Beroin (1900) Cal. 461, 465, 62 p.
Under The Laws of Comuetitive siddina Retahina Walls Bid Must Be Reiected.
The California Legislature created the laws of competitive
bidding "to guard againsl favoritism, improvidence,
extravagance, fraud, and corruption; to prevent the waste of
public funds; and. to obtain the best economic result for the public.11 Construction Industrv Force Account Council v. Delt
Wetlands (1992) 2 Cal.App 4th 1589, 1595-1546- This legisla*
intent was recently codified in Section 100 of the Public
Contract Code, as follows:
The Legislature finds and declares that placing all puk contract law in one code will make that law clearer and
easier to fir-d. Furtherl it is the lntent of the Legis1
in enacting this code to achieve the following objectiv
(a) To clarify the law with respect to competitive bidc
requirements.
(b] To ensure full compliance with competitive bidding
statutes as a means of protecting the public from misu:
public funds.
(c) To provide all qualified bidders with a fair opporl
to enter the bidding proce~s, thereby stimulating
competition in a nanner conductive to sound fiscal practices.
(d) To eliminate favoritism, fraud, and corruption in
awarding of public contracts.
The City's om bid aocments, and the decisions handed down
the courts of this state, establi,sh that Retaining Walls bi
Page 2 of 5
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-~ a Exhibit 3
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be rejected because of the numerous competitive advantages w
Retaining Walls enjoyed over other bidders.
In Konica Bus_inc\ss Machines. JJS A , Inc. d. Reqents of Universii:
Californis. (1988) 206 Cal.App 3d 449, an unsuccessful bidder
a contract to provide copier services to the University of
California sought a writ of mandate challenging the award of contract to another bidder. The public entity had accepted a
which deviated from the project specifications, which were
incorporated into the Information To Bidders.
The court held thzt strict adherence to the specifications wa
required, because deviaeion from those specifications would g
a competitive advantage to the low bidder. Moreover, the cou
found that the Dublic entitv was without mwer, on i2-s owg
violation, to waive anv material reauirement in-the bid
documents. Id, at pp- 456-457. The court held that strict
adherence to the specifications was required, even where no
corruption in the bidding process was evident and even where
deviation would save the public entltv monev:
Because of the potential for abuse arising from the
deviations from strict adherence to standards which pron
these public benefits, the letting of public contracts
universally receives close judicial scrutiny, and contre awarded without strict comDliance with biddina remireme
will be set asidet This preventative approach is appliec
even where it is certain that there- was in fact no
corruption or adverse effect upon the bidding process, d
the deviations would save the entity money. The imuartar of maintainina intearity in aovernment and the ease witf which Do-1~ underline the reguirement f-ox open
comuetitive biddina mav be SUrreR&JtlOUS lv undercL
mandates str ict ComDliance with biddina redrements. IC pp. 456-457 (citations omitted) (emphasis added) -
..
In accordance with the foregaing legal principles, the City
not waive Retaining Walls Contingencies, nor allow Retaining
Walls to remove the contingencies after having submitted the]
original bid, because those contingencies and the removal of
same enable Retaining Walls to enjoy considerable competitivt
advantages not enjoyed by those bidders who.strictly compliec
with t3-e City's requirements. By law, all bidders must be he:
the same standard. Because the defects in Retaining Walls bi,c material and violate the requirements of the City's bid docxnents, Retaining Walls bid must be rejected as nonrespon:
and the contract should be awarded to Wier as the lowest
responsible and responsive bidder.
Page 3 of 5
UkL-Ub"1YY4 wu z CLf, * r e WItK LUNb. CORY. 0 r. M:
, Exhibit 3
Bemest To Address The Citv Cou
In the event the decision is .made to recommend award to Retaix
Walls in opposition to che above, Wier respectfully requests t
it be'given notice of any public meeting of the City Council
which.this matter is scheduled to be discussed. Wier further
requests that this letter be given to the City Council so th.;
it may be aware of its contents at the time the matter comes
before it. .
I would also like to request the opportunity to address the Cj
I see necessary to answer any questions which the City Council
may have in that regaxd.
Respectfully submitted, WiER CONSTRUCTION CORPORATION
Council, either in person, or represented by my legal council,
&QLJ&,
Cathd J. Wier, President
CUT/ j b
cc: Craig Ranseyer,Esq. I Ramseyer 5 Dunn
.
Page 4 of 5
I/CLYJo-L2J-? WU.LI "ai "". "._, . -.. . -..a. I" I LI "
That no Cou . ,der, offtcer agent, or vnploycc ate ;'of Carlsbad is personall
interested, directly or indirectly, in this Conrract, or the compedon to be pai
hereunder, that no representation, oral or in writing, of the City Cauncil, its ofiicct!
agents, ar employees has,inducted hindher to enter into this ContraCt, excepting onl
chose contained in this fob of Contract and the papers made a part hereof by its term!
and
2. Thar this bid is made without connection'with any person, firm, or cotporntion makin
a bid Cor the same work, and is in ail respects fair and without collusion or fraud.
Accornpanyhg this proposal ;s &Odd (Cash, Certified Check, Bond or Cashier's Check)
for ten percent (1 0%) of the amounc bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requirl
every employer to be insured against liability for workers' compensation or to undertake sel
insurance in accordance with the provisions of that code, and agrees to comply with SUC
provisions before commencing the performance of the work of this Contract and continue I
compiy until the contract is complere.
.... OUR PROPOSAL IS CONTINGENT ON THE FOLLOWING ITEMS:
. .. .
1) The retaining wall materiai will be CRIBLOCK.
m,..
2) We have .NOT included excavation and replacement
of soil below the base of the cribwall. I...
3) On site soil that is excavated for tire cribwall will be used to backfill inside and behind the wall. No import.
4) The 120 day plant establishment time may extend
beyond the allowed construction time for this
job.
5) No wood header with the asphalt.
*
316,
@
TOTQL
Page 5 of 5
0 STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY m PETE WlLSOl
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO, 92186-5406 Q
(619) 688-6778 (619) 688-6424 TDD Number
November 17, 1994 Exhibit 4
Mr. Lloyd Hubbs
City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
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Attention: Mr. A1 Virgilio
Dear Mr. Hubbs:
City of Carlsbad Project No. 3156
Jefferson Street Bike Lanes
Federal Aid Proiect STPLE 5308(0021
We have reviewed the bid materials and documentation you submitted for the above-referenced project.
We have determined that America Tang, Inc. did not obtain
the project disadvantaged business (DB) goal of 16%, nor did
the company make a good faith effort to do so.
Apparently the prime contractor was under the impression
that because hers is a disadvantaged business, it was not
necessary to meet the DB goal of 16%. However, on Pages 43 and
46 of the bid document, it specifically states that primes
receive no credit as a disadvantaged business. Since this is a
federal-aid contract, all primes must be treated equally and must conform to the same rules and regulations, disadvantaged
busin.ess or not. Also, if a disadvantaged business is the
disadvantaged businesses, thereby giving other such companies
the chance to grow as it has grown.
prime, it should work toward subcontracting out to other
The company with which the prime did subcontract--Traffic
Operations, Inc.,/PBBD Enterprises, A Joint Venture--is not
currently certified with Caltrans. Their certification expired
September 1, 1994, before the bid opening. DBs must be
certified with Caltrans on the date bids for the project are
opened (Page 46) .
Regarding good faith effort (Pages 48 and 49), the prime
did not attend the pre-bid meeting nor did it advertise. The
prime contacted only two DBs, one of which is not currently
certified with Caltrans. No effort was made to contact any
other DBs, even though there are many listed which may have been willing to do the work.
Page 1 of 2
0
Exhibit 4
Mr. Lloyd Hubbs
November 17, 1994
Page 2
In view of the above, we do not concur in the award of the
contract to America Tang. If you have any questions, please
call Christine Carrington at (619) 688-6775.
Sincerely,
District Local Assistance Engineer
JWL/CAC: kp
I
Page 2 of 2
e 0
STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSJNQ AGENCY PETE WILSON, Gc
DEPARTM€NT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DlEGO 92186W
(619) 688-6424 TDD Number
(619) 688-6778
December 6, 1994 Exhibit 5
STPLNG-5169 (002)
Mr. Lloyd Hubbs City Engineer City of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 92009-1576
Attention: Alphonse N. Virgilio
Dear Mr. Hubbs:
Subject: City of Carlsbad Project No. 3156 - Jefferson Street Bike Lanes; Federal Project STPLE 5308(001)
We have reviewed the bid materials and documentation you ' submitted for the above referenced project.
We have determined that the second low bidder, Retaining
Walls, Inc. attained the project Disadvantaged Business (DB) goal Qf 16%
In view of the above, we concur in the award of the contract to Retaining Walls, Inc. If you have any questions, please call Christine Carrington at (619) 688-6775.
cc: File
Sincerely,
District Local Streets and Roads Engineer
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4" -
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aLy Retwig walls bmpany e
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-"L a"- - .. N --.. 'Crrbwall Corpmlon c9 LICENSE A172093 -Criblock Exh i b
1531 GRAND AVENUE, SAN MARCOS, CALlFORNlA 92069
(619) 471-2500 9 (800) FOR-V'9LL FAX: (619 471-9128
VIA FAX 438-0894 AND U.S. MAIL
November 22, 1994
Engineering Department Community Development Services
City of Carlsbad
2075 Las Palrnas Drive Carlsbad, CA 92009
Attn: Al Vfrgilio
RE: City of Carlsbad Jefferson Street Bicycle Lanes Contract No. 3156
Dear Sics :
The Retaining Walls Company wishes to clarify its bid November 10, 1994 by removing conditions I, 2, 3, 4 and 5 On PZ
11 of the bid package, There are no contingencies on this bid.
If further clarification is necessary, please feel free contact the undersigned,
Sincerely,
Cribwall Corpo'ration Retaining Walls Company
By: Van VLL- Davis, Ip CEO
er\ltr8\carhbadZ.ltr
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