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Home My WebLink About1997-12-09; City Council; 14475; La Costa Av widening hearing protest/contractCI u aJ 'r) 0 u a 2 U a .rl P a, I h 0 4J 4-1 4-( rd u rT) a L, a, L) a, .rl k a 2 rd rT)- n am -rl d e .d cd I-iu r(a rda ah a0 uw U 'r) a am mu Lis 4 *rl C -rl E L) Ga, =la, vu om b m \ m \ N 4 z 0 F 2 J 5 z 2 0 0 %Y OF CARLSBAD -AGENDA 0 BILL q7 rl AB# JL-I, Y 7 5 ITITLE: I DEPT% g MTG. 12/09/97 DEPT. PW HEARING BID PROTEST AND CONSIDERING AWARD OR REJECTION OF A CONTRACT FOR LA COSTA AVENUE WIDENING PROJECT NO. 321 5 CITY ATTY. 6 CITY MGR.9 - I I I I RECOMMENDED ACTION: Staff recommends the City Council receive testimony from the contractors on the bid protest a1 direct the City Attorney to prepare documents to: 1. Award the contract to the apparent low bidder or; 2. Award the contract to the second low bidder or; 3. Reject all bids and direct staff to re-bid the project. ITEM EXPLANATION: On June 6, 1997, the City Council approved the plans and specifications for the La Costa Aven Widening Project, and directed the City Clerk to advertise for construction bids. On September 2 1997, the following three (3) sealed. bids were received: SCHEDULE "A" SCHEDULE "B" Road Improvements TOTAL LCWD Sewerline Sierra Pacific West, Inc. $6,898,390,9 $1,798,514.00 $5,099,876,90 C.A. Rasmussen $5,250,000.0 $1,725,000.00 $3,500,000.00 ENGINEERS ESTIMATE $8,711,363.1 $2,481,334.60 $6,236,278.54 West Coast General $6,898,514.5 $1,480,326.00 $5,418,188.50 The City received a formal letter of bid protest on September 26, 1997 from the second bidder, C Rasmussen, addressing several alleged errors in the bid documents submitted by the apparent I bidder and protesting the award of the contract to Sierra Pacific West, Inc. The City receive( subsequent letter dated September 29, 1997 from the Retaining Walls Company, a subcontraci requesting rejection of bid submitted by the low bidder, indicating that the low bidder had specifiel totally different wall than was specified in the specifications and claiming that the low bidder co not meet the City's retaining wall requirement. The retaining walls are as high as 32 feet and tc 1,700 feet in length. The retaining walls comprise over 12 percent of the construction cost. Staff asked the low bidder to confirm that it intends to supply the specified retaining wall. S received a letter from the low bidder and his subcontractor, indicating that they could supply components for and construct the specified retaining walls. Staff has reviewed and analyzed all of the bids and found numerous errors, omissions, and appe to be inflated unit prices on all three (3) bids. Staff contacted the bidders to hear justification for tt higher than normal bid prices. Staff was told that the prices reflect concerns about costs unknown environmental agency conditions, the environmental conditions imposed by the resou agencies and potential weather impacts from storms produced by the El Nitio effect. State law requires bidders on public work to identify the name, the location of the place of businl and the portion of the work to be performed by any subcontractor when the value of the w exceeds one-half of one percent of the project. None of the bidders complied with this provisior the law. The law is quoted in the specifications prepared by the City of Carlsbad to ensure that requirement is well understood. The City's specifications require that the bidders explain in writi accompanying the bid, when they propose to use a subcontractor to perform less than 100 perc of the bid. Page 2 of Agenda Bill huo. e 4Y?5 0 A final area of concern is the major discrepancy between all three bids and the Engineer's Estima Staff believes that the City Council may want to hear testimony on these issues before makin$ determination on the bid protest. The City Council has the option of declaring all three b non-responsive and rejecting all bids. ENVIRONMENTAL COMPLIANCE: All environmental permits, including U.S. Army Corps, State Fish & Game, State Water Resourc Control Board, and State Coastal Commission permits have been secured. The Plann Department has reviewed the prior environmental documents (EIA Nos. 981, 93-05 and 93-06, E MElR 93-01) and has determined that there are no significant effects not previously analyzed 2 that the mitigation measures which have already been implemented to reduce this project's impa to an acceptable level. FISCAL IMPACT: The Engineer's Estimate for the widening of La Costa Avenue is $3,500,000, and for the Leucac Sewerline is $1,725,000. If Council awards the contract to the low bidder, additional funds in t amount of $987,000 will be needed as follows: Construction ($1,798,514.00) Less Leucadia County Water District Sewerline $6,898,514.50 $987,000.00 Additional Appropriation Required $5,458,000.00 Less Existing Funds $6,445,000.00 Subtotal $1,000,000.00 Construction Contingencies (1 5%) $345,000.00 Inspection and Administration (5%) Leucadia County Water District will pay for the costs of the sewerline under a separate agreemc with the City. EXHIBITS: 1. Location Map. 2. Letters of protest from C.A. Rasmussen dated September 26, 1997. 3. Letter of protest from Retaining Walls Company dated September 29, 1997. 0 0 LOCATION MAP An - - Jk A 4!J -" / 81 1 \Yk BA TlQU/TOS LAGOON r - IU \- ~~q)~&vy@ Q&k Dy n . - 7 )% r\ .r L A 811 4j 7 A a P A a A .Y b - ." 'I Em or "SlOE +@+ NOT TO SCALE SI PROJECT NAME LA COSTA AVENUE WIDENING PROJECT NUMBER EXHl 35128 7 , “,\.“##I”AI.V ..I. ’ cm Ae*4Amwsm:Pp XNCm ~~&” Exhibit 2 Pa .. City of Carisbad September 26,1997 Office of the Pudming O-, City Hall 1200 Carlsbad Village Drive Carisbad, Ca 92008-1989 Re: Contract No. 321-a Costa Avenue Widening, El Camino Real to htustate 5 Dcar Sir. Pursuant to Public Co- Code # 10343, C.A. Rasmusscn formally fiSw a PROTEST ofapp- award of Contract No. #3215. We arc the low bidder on this contract as the listed low bidder hss viahrai the contract documents by mons stipufatad below: A) Special Provisions Scction 303-6.6 par. 3. Quote: bid price to be based strictly upon dcsignshown8ndthb~donstherrin. B) Special Provisions Document, Guide fbr Completing the Designation of Subcontractor and Amount of Subcontractor Bid and Designation of Owner Operatar Lessor and Amount of Owner Operator Lessar WodcFanns, Pg. No. # 2, nquircs Contractor to selfpcrfbnn 50% of the totd work. Our PROTEST is based upon our wumptim that the 1- Iow bidder has not complied with the bid documents as outlined above and therefore C.A.Rasmusnm is the low bidder and dcscrves to be awarded this project, ccm&cnt with the Bid Documents. Inbwtregards, L . “”” -. - - .- District Managd - I 5205 Avenida Encinas *.Sue A Carisbad, Callfwnla 92008 (760) 820-2730 9 Fax (7W) 929-2746 " ., em A*%ABmm8s*g XNC.e, t5mNE-L ENaxmmRxm CQJrnUTQR Exhibit 2 Page 2 of ECErnX SEP 2 9 89997 City of Carlsbad Office of the Purchasing Officer, City Hall 1200 Carlsbad Village Drive ENSiNEERitrlG Carlsbad, Ca 92008-1989 DEPARTMENT Re: Contract No. 3215-La Costa Avenue Widening, El Camino Real to Interstate #5 Subject: Amendment to PROTEST filed on September 26, 1997 Dear Sir: Pursuant to the California Public Contract Code Section #10343, the following statements supports our formal PROTEST that was delivered on September 26,1997 and is consistent with the five day requirement within this section. Please consider the statements to further clarify our position that the apparent low bidder violated Special Provisions Section #303-6.6 par.3. The apparent low bidder has listed a Geo-Grid System which is in violation of the bid documents and this also affords them an unfair price advantage. This letter shall also constitute a request under California Government Code Section #54954.1 for mailed notice of any and all meetings of the Authority at which any issues pertaining to the award of this contract are on the agenda. If there is any fee for this service, please telephone the undersigned immediately so we can promptly pay said fees. Additionally, this letter shall also constitute a request to address the awarding Authority This request is made pwumt to Califmnia Govement Code Sectim #54955.3a. before or during its consideration of any issues pertaining to the award of this contract. 5205 Avenida Encinas Suite A Carlsbad, California 92008 (760) 929-2730 . Fax (760) 929-2746 c _<.. L ,> ./ !.- RETAINING WALLS COMPANY City of Carlsbd Office of Purchasing Officer 1200 Carlsbad Village Dr. Carlsbad, CA 92008- 1989 Exhibit 3 Attn: Pat Entezari RE: La Costa Ave. Widening. Contract No. 3215 Dear Mr. Entezari: Retaining Walls Company humbly requests that the City of Carlsbad reject the attcmpt to substitute the Cribwall with an inferior product. The Apparent Low bidder listed Geogrid Inc. as their retaining wall subcontractor and intends to submit a package to substitute the Specified Cribwalls with Keystone geogrid walls. The Keystone block violates the cribwall as-equal in the following ways: I. The Keystone block is non-steel reinforced. In fact it is merely a mortar-less maqonry unit and not a steel reinforced cribwall as specified. Clearly inferior. 2. The Keystone wall is a closed face, non plantable retaining wall. The Keystone system has a planting block which has a very small pocket of dirt placed randomly in the wall. This block only allows for minimal planting. The specified walls are open faced and every cell of every lift may be planted. The Keystone wall is clearly inferior. 3. The Keystone wall is 21” deep. The cribwall is 4.5’ deep. The grade beam (waler) could not have positive connection with the Keystone block, or would it have the interlocking ability per design. Also, the cribwall pet the specifications has steel reinforcement in the block which is part of the waler steel design. The Keystone wall is clearly inferior. 4. The Keystone wall being solid faced posses a Graffiti nuisance. The specified product allows no threat of graffiti vandalism. Obviousiy, the Keystone Geo-grid system is an inferior system to the system that the City of Carlsbad choice nearly 10 years ago during the design process, to be placed on La Costa Ave.. Criblock (specified) cribbing, Evergreen cribbing, and Caltrans C-7 cribbing are all products that meet or exceed the specified design and as-equal qualifications. If the City decides to entertain the submittal, it would be assumed that all items listed above be addressed and complied with, and that the City make the Contractor “VALUE ENGINEER” and offer the City of Cadsbad a substantial savings for allowing the inferior alternate. To my knowledge Geo-Grid Inc., the listed subcontractor has never built the specified product or intended too on the La Costa project. Asking the listed subcontractor to provide even one reference of a project completed with the specified product would substantiate or discredit this claim. Sincerely, Charlie Eaton Dale 9/29/97 Retaining Walls Company 1531 Grand Ave San Marcos, CA 92069 California License No. A6 15675