HomeMy WebLinkAbout1996-11-05; City Council; 13888; AWARD OF CONSTRUCTION CONTRACT FOR OLIVENHAIN ROAD WIDENING PROJECT NO. 3466w
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CITY OF CARLSBAD -AGENDA BILL .&!&p
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DEPT. ENG
CITY ATn FOR OLIVENHAIN ROAD WIDENING MTG. 1 1 /OW96
DEPT. HD. TITLE:
CITY MGR
4“ J
AWARD OF CONSTRUCTION CONTRACT
PROJECT NO. 3466
RECOMMENDED ACTION:
Adopt Resolution No. 4&3?% accepting bids and awarding a contract for the
Olivenhain Road from El Camino Real to Rancho Ponderosa Subdivision, Project No. I ITEM EXPLANATION:
On July 23, 1996, the City Council approved the plans and specifications for the Olivenhain Road, Project No. 3466, and directed the City Clerk to advertise for const
On October 3, 1996, the following seven (7) sealed bids were received:
I. Sierra Pacific West, Inc. $1,705,364 2. Daley Corporation 1,953,443 3. Notion Construction 1,954,553 4. R.E. Hazard 1,969,497 5. Granite Construction 2,077,077 6. Castello, Inc. 2,168,542 7. Carolyn E. Sheidel 2,270,609
ENGINEERS ESTIMATE $2,086,157
Bids for the project have been reviewed and analyzed. The lowest responsible bid
Pacific West, Inc. at $1,705,364.50.
Daley Corporation has protested Sierra Pacific West, Inc.’s bid, due to the fact that !
West, Inc. stated their bid prices in Arabic numerals only (not in words) for some of i
(see attached Exhibit 3).
The City requires the contractors to indicate their bid prices both in words and in nl
Example below). The purpose of the above practice is to clarify the bidder‘s unit price:
of errors in bid item totals when quantities and unit prices are multiplied.
Description Quantity Unit Prices Total
6-inch Type “A” AC dike at 73 LF 12.00 876.(
Dollars per Linear Foot
The Notice inviting Bids to the contractor, which is a part of the contract documents si
“The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
informality in such bids.”
Staff carefully reviewed their bid and unit prices and found a negligible $4.49 mathem;
the total bid of $1,705,364.50 which did not make the bid materially different than ir
ambiguities existed in the bid which would have been clarified by listing all of the L
words.
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Page 2 of Agenda Bill No. 1 5 888
Given the lack of ambiguity in the Sierra Pacific West, Inc.’s bid, and the minor nature I
bidding, it is staffs opinion that failure to list unit prices in words represents a minor in
did not make a material difference in the bid or provide Sierra Pacific an unfair advanta
minor irregularities, and award the contract to Sierra Pacific West, Inc.
Construction will begin in November 1996 and is scheduled to be completed within
days.
bidders. Staff, therefore, recommends that the Council reject Daley Corporation’s prote
ENVIRONMENTAL COMPLIANCE:
On January 21, 1992, Carlsbad adopted Resolution No. 92-27 recommending tha Encinitas approve final certification of the Environmental Impact Report for this March 1 I, 1992, the City Council of the City of Encinitas adopted Resolution No. 92- alignment no. 2 and certifymg the EIR for the widening of Olivenhain Road. The (
secured U.S. Army Corps of Engineers and State Fish & Game permits. These permits
based on the requirements of the certified EIR and road alignment alternative II. As i
permits, the City will install mitigation planting adjacent to the detention basin just
Olivenhain Municipal Water District yard.
GENERAL PLAN CONSISTENCY:
At their meeting on June 1, 1994, the City Planning Commission adopted Resoluti
making findings of General Plan Consistency for the project.
FISCAL IMPACT:
The total construction costs of this project is estimated at $2,131,730.95 which includ
for utilities relocation and construction of a detention basin as follows:
1. Design 2. 30 HPG Relocation
3. 10 SFPP Fuel Line Relocation
4. Underground Utilities
5. Right-of-way Acquisition
SUBTOTAL
$250,000
532 , 000
86,000
435,000
200,000 $1,503,000
Construction $1,705,364 Construction Contingency (15%) 255,804 Project Administration & Inspection (10%) 170,536
SUBTOTAL $2,131,704
TOTAL $3,634,704
This project will be funded equally by the City of Encinitas and the proposed R:
Fe/Olivenhain Road Community Facilities District (CFD) No. 2. Carlsbad has approprial
from PFF funds to cover the City’s share of the traffic signal costs.
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Page 3 of Agenda Bill No. ggz
The City of Carlsbad has received and appropriated $3,710,000 from the following sc
1. CFD No. 2 $1,500,000 2. City of Encinitas (50% of project cost) $1,800,000 3. Transportation Development Act (TDA) for bicycle lane $ 270,000
4. Traffic signal (PFF) $ 140,000
TOTAL $3,710,000
TOTAL PROJECT COST
TOTAL APPROPRIATION
$3,634,704
$3,710,000
FUND BALANCE $75,296
EXHIBITS:
1. Location Map.
2. Adopt Resolution No. 9b-372. accepting bids and awarding a contract for
of Olivenhain Road from El Camino Real to Rancho Ponderosa Subdivi:
No. 3466.
3. Daley Corporation Bid Protest dated October 7, 1996.
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~ RESOLUTION NO. 96-372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AWARDING A CONTRACT FOR THE
CONSTRUCTION OF OLIVENHAIN ROAD WIDENING, PROJECT
NO. 3466.
WHEREAS, the City Council of the City of Carlsbad, California has de
necessary, desirable, and in the public interest to award a contract for the con
Olivenhain Road; and
WHEREAS, seven (7) sealed bids were received on October 3, 1996 for thc
WHEREAS, the lowest responsive, responsible bid for the project was SI
Sierra Pacific West, Inc., in the amount of $1,705,364.50; and
WHEREAS, Sierra Pacific West, Inc., failed to complete portions of the t
indicating unit prices in words; and
WHEREAS, Daley Corporation by letter of October 7, 1996 filed a bid prot
City Engineer challenoing the responsiveness of the Sierra Pacific West, Inc.’s bid
list unit prices in words; and
WHEREAS, the City staff has analyzed the Sierra Pacific West, Inc.’s bid
ambiguities impacting their status as the lowest responsible bidder; and
WHEREAS, the City of Carlsbad reserves the right in the contract documel
any minor irregularity or informality in the bids.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
California, as follows:
1. That the above recitations are true and correct.
2. That the Council finds that the low bidder, Sierra Pacific West, Inc
complete bid proposal unit prices in words has no material impact on their status a:
3. That the failure to complete the bid proposal bid items in words represt
bid irregularity that did not provide Sierra Pacific West, Inc., an unfair advantag1
~ bidders.
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4. That the City Council hereby waives any bid irregularity and rejects the t
submitted by the Daley Corporation.
5. That the low bid submitted by Sierra Pacific West, Inc., in the :
$1,705,364.50, is hereby accepted and the Mayor is hereby authorized to execute a c
behalf of the City for the construction of Olivenhain Road Widening.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 5 th day of NOVEMBER , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
&w4/ KAREN R. KUNDTZ, ssistant City Clerk (SEAL)
c .’ 1 0 e S ”- Exhibit
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General Engineering Corpo/ Contractor License No. L Daley Corporation
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7220 Trade Street, Suitc -. <..,- ~ ’?-, ;;:: _-L q- a k. San Diego, California 92121 -
OCT 0 8 1996 619/537.
Post Office Box 60 San Uiego, California 92160.
FAX: 6 19 / 537.
Oct. 7, 1996 ENGINEERING
C ZPARTMENT
Mr. Lloyd Hubbs, PE
City Engineer
City of Carlsbad Dept. of Public Works
1200 Carlsbad Village Drive
Carlsbad, Ca. 92008
SUBJECT: BID PROTEST - OLIVENHAIN ROAD WIDENING
CONTRACT NO. 3466
BID DATE: Oct. 3,1996
Dear Mr. Hubbs:
As you are aware, Daley Corporation was the second bidder on the above referrenced
project which bid last Thursday. Based on our understanding of the City’s position
regarding a non-responsive bid, it has come to our attention after having inspected the
bid documents of the low bidder, Sierra Pacific West, that they did not complete the bid
documents as required by the Special Provisions and should thereby be deemed non-
responsive.
Page 3 of the Contract Documents and Special Provisions clearly states the
following:
“All bids are to be computed on the basis of the given estimated quantities of work, as
indicated in this proposal, times the unit price as submitted by the bidder. In case of a
discrepancy between words and figures, the words shall prevail. In case of an error in
the extension of a unit price, the corrected extension shall be calculated and the bids will
be computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out
and typed or written in with ink and must be initialed in ink by a person authorized
to sign for the Contractor,”
* 5 e . 0‘
Our review of the bid documents has determined that the following unit prices which
were to be “written in words” were not legible. Specifically, Items 2,3,4,5,6,7, 8,
24,25,26,27,28,29,30,31,32,33,34,35,47,48,49,50,51,52,53,54,55,56,57,58,
59,60,61,62,63,64,65,66,67,68,70 & 71 on Schedule 1.
In addition, “no written words” were included for the following bid items: 9, 10 & 1 1 of
Schedule 1 and 2- 1,2-2,2-3,2-4 and 2-5 of Schedule 2. Lastly, “White Out” correction
fluid was used on Schedule 2 rather than being crossed out and written in with ink after
being initialled by an authorized person.
Based upon the above mentioned issues, we are requesting that you deem Sierra Pacific
West’s bid to be non-responsive in accordance with the contract documents. This letter
will serve as a formal letter of protest fiom Daley Corporation in the award of this project
to Sierra Pacific West. Please respond at your earliest convenience.
Sincerely, OJ&
Daniel C. Palmer
Chief Estimator
cc: Ruth Fletcher
Purchasing Officer
Davide Golia
Marks & Golia, LLP
Attorneys at Law