HomeMy WebLinkAbout1999-03-09; City Council; 15087; Sidewalk Improvements Chestnut Av & Valley StCITY OF CARLSBAD
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AWARD OF CONTRACT FOR THE CONSTRUCTION
ITG. 3109199 OF THE SIDEWALK IMPROVEMENT PROJECT ON
CHESNUT AVENUE AND VALLEY STREET IEPT. ENG PROJECT NO. 3391-4
RECOMMENDED ACTION:
CITY AN cl!@-
MGR.w CITY
City of Carlsbad: Adopt Resolution No. Q 9 ’ 8 % accepting bids and awarding contract for the
Sidewalk Improvement Project on Chestnut Avenue and Valley Street, Project No. 3391-4.
ITEM EXPLANATION:
In 1991, the City of Carlsbad prepared the Sidewalk Inventory Report, which developed a systematic approach to developing a network of sidewalks in the City of Carlsbad. The City has made a strong commitment to this systematic program as a means of constructing its sidewalks in a logical order. Priority was given to school areas. This program utilizes a formula based on such factors as current pedestrian traffic, cost factors and proximity to public facilities and has been effective in prioritizing sidewalk projects.
This contract will complete important sidewalk links on Chestnut Avenue and Valley Street near Valley Junior High School and Carlsbad High School. This project will also include construction of curb, gutter, pedestrian curb ramps, and some road widening in areas where the existing road width is below city standards. Approximately 2000 feet of sidewalk and 1,515 feet of curb and gutter will be constructed on Valley Street from Basswood Avenue to 300’ west of Oak Street. On Chestnut Avenue from El Camino Real to 300’ west of Donna Drive, approximately 2080 feet of sidewalk and 1,725 feet of curb and gutter will be constructed. Water and sewer facilities that conflict with the above mentioned improvements will be relocated as a part of this contract to accommodate the new construction. This project is one in a continuing group of sidewalk and street construction projects.
On December 3, 1998, the following five (5) sealed bids were received:
Gypsy Queen, Inc. $427,474.00
Los Angeles Engineering, Inc. $470,317.55
Sean Malek Engineering & Construction $490,980.00
Pacific Alliance Contractors, Inc. $499,274.00
Wier Construction Corp $721,027.61
The Engineer’s Estimate for the project is $440,000. The low bid price for the project is $427,474, which is $12,526 below the Engineer’s Estimate.
Staff review of the bid documents submitted by Gypsy Queen, Inc., revealed that Gypsy Queen,
Inc., deviated from the requirements contained in the bid documents. In the Contractor’s Proposal
section there were two multiplication errors discovered on page 10 with item no. 17 and no. 19. The product written in the total column for item no. 17 and no. 19 are $390 and $605 larger than the correct product when using the unit price’s submitted for the items. In the Designation of Subcontractors and Amount of Subcontractors Bid section there was an error discovered in bid item no. 1 for the proposed subcontractor, J.D. Paving, Inc. The dollar amounts designating the
amount of item to be subcontracted, or performed by Gypsy Queen, Inc., or amount reserved for overhead and profit does not equal the dollar amount in the bid price for item no. 1. Before recommending that the Council find that the deviations are immaterial defects, staff considered whether the deviations could provide an advantage to the erring bidder over other bidders, be vehicles for favoritism, affect the amount of the bid, influence potential bidders to refrain from bidding, or affect the ability to make bid comparisons.
Page 2 of Agenda Bill No. I J: 08 7
Staff used the following facts to make the recommendation: (1) In accordance with the, “Notice Inviting Bids”, wherein it states that “In case of an error in the extension of a unit price, the corrected extension shall be calculated....and compared on the basis of the corrected totals.“, the corrected extension of unit prices provides a total project cost of $427,474, which is the total
amount of bid in words submitted by Gypsy Queen, Inc. 2) Based on the Subcontractors and Amount of Subcontractors Bid Section submitted, Gypsy Queen, Inc. will be performing more than 50% of the contract work even if the entire bid item no.1 is performed by the proposed subcontractor. Staff recommends that Council makes the determination that the errors are immaterial and that they give no bid advantage to Gypsy Queen, Inc., that award of the contract
serves the best interests of the public and award the contract for the Sidewalk Improvement
Project on Chestnut Avenue and Valley Street to Gypsy Queen, Inc.
ENVIRONMENTAL REVIEW:
This project is categorically exempt from the environmental review process under Section 15301
Class 1 (C) of the Public Resources Code (California Environmental Quality Act).
FISCAL IMPACT:
Funds in the amount of $733,309 are available in the sidewalk/street construction account to cover the construction costs for this project. Funds in the amount of $42,800 are available in the CMWD Water Operations Fund to wver the CMWD utility relocation costs.
Following is the breakdown of costs to complete this project:
Construction $427,474.00
Inspection and Administration (10%) $42,747.40
Construction Contingencies (15%) $64,121.10 ’
Total $534,342.50
The Carlsbad Municipal Water District water and sewer facility relocations will be paid for through
the provisions set forth in the joint City of Carlsbad/Carlsbad Municipal Water District agenda bill
AB#l5,044, approved on February 9, 1999. This agenda bill approved the agreement between the
CMWD and the City for the reimbursement of funds for the relocation and/or reconstruction of
CMWD owned facilities. The water and sewer facility relocations total $42,800 and are included in
the total construction price.
EXHIBITS:
1. Location Map.
2. City of Carlsbad City Council. Resolution No. 99 -8 & accepting bids and awarding the contract for the Sidewalk Improvement Project on Chestnut Avenue and Valley Street,
Project No. 3391-4.
3. City of CarlsbadKarlsbad Municipal Water District Board of Directors. Resolution No. 1042/No. 99-48 approving agreement with the CMWD to the City for the reimbursement of
funds for the relocation and/or reconstruction of CMWD owned utility facilities to accommodate proposed Capital Improvement Projects.
4. City of Carlsbad/CMWD Utility Construction Agreement.
LOCATION MAP
AREAS OF CONSTtWCTION alYofocf4Nsm
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NOT 70 SCALC
‘ROJECT NAME SIDEWALK IMPROVEMENTS ON PROJECT EXHlBiT
CHESTNUT AVENUE AND VALLEY STREET 3391-d NUMBER
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE AWARD OF CONTRACT FOR CONSTRUCTION OF THE SIDEWALK
IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY
STREET, PROJECT NO. 3391-4
WHEREAS, the City Council of the City of Carlsbad has previously authorized the
advertisement for bids for the construction of the Sidewalk Improvement Project on Chestnut
Avenue and Valley Street, Project No. 33914; and
WHEREAS, five (5) sealed bids were received on December 3, 1998 by the City of
Carlsbad for the construction of said project; and
WHEREAS, all bid documents received from all bidders have been reviewed in detail and
the City Council does hereby find that the lowest responsible bidder, Gypsy Queen, Inc., did
submit a bid in the amount of $427,474.00; and
WHEREAS, Subsection 3.28.172(c)(l) 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
bid award; and
WHEREAS, the City Council of the City of Carlsbad, California has previously
appropriated funds for this project; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby declares it
necessary, desirable and in the public interest to construct the aforementioned project; and
WHEREAS, the low bid received to construct said project submitted by Gypsy Queen,
Inc. is responsive and that any errors or omissions therein are immaterial and give no advantage
to Gypsy Queen, Inc.; and
WHEREAS, CMWD has entered into a Utility Construction Agreement with the City which
was adopted in a joint agenda bill, CMWD Resolution No. 1042 and City Resolution No. 99-48.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California do hereby agree as follows:
1. That the above recitations are true and correct.
2. That the low bid of $427,474.00 submitted by Gypsy Queen, Inc., for the
construction of the Sidewalk Improvement Project on Chestnut Avenue and Valley Street is
accepted and the Mayor is hereby authorized to execute a contract therefor.
1 3. That the terms and conditions of the relocation and/or reconstruction of CMWD
2 facilities are covered under a previously adopted City/CMWD resolution.
3 4. That the City Manager is hereby authorized to approve construction change
4 orders up to $64,121.
5. That the award of this contract is contingent upon the bidder submitting the lowest 5 responsive bid executing the required contract and submitting the required bonds and insurance
6 policies, as described in the contract, within (20) days of adoption of this resolution. The City
7 Manager may grant reasonable extensions of time.
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9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
IO held on the 9th day of March I 1999 by the following vote, to wit:
11 AYES: Council Members Lewis, Hall, .Finnila, Nygaard and Kulchin
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,7 ATTEST:
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,g ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
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I-Y OF CARLSBAI
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SEPT. ENG
-4xhibit 3 0 //
KARLSBAD MUNICIPAL WATER DISTRICT - AGENDhj$+LL
TITLE- APPROVAL OF AGREEMENT WITH THE CARLSBAD DEPT. H
%&tPAL WATER DISTRICT (CMWD) TO THE CITY FOR THE
REIMBURSEMENT OF FUNDS FOR THE RELOCATION AND/OR CCT~ATI~.
RECONSTRUCTION OF CMWD OWNED UTILITY FACILITIES TO ACCOMMODATE PROPOSED CAPITAL IMPROVEMENT PROJECTS CITY MGR.
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. 10 4 2
approving agreement and appropriating funds from the Water Operations Fund for payment ‘to
the City of Carlsbad for relocation and/or reconstruction of CMWD owned utility facilities to
accommodate proposed capital improvement projects.
City of Carlsbad City Council: Adopt Resolution No. 9 7 L q8 approving agreement with
the Carlsbad Municipal Water District (CMWD) for the reimbursement of funds for the relocation
and/or reconstruction of CMWD owned utility facilities to accommodate proposed capital
improvement projects.
ITEM EXPLANATION:
When the City is constructing capital improvement projects it is often necessary for public utilities
to relocate and/or reconstruct their facilities to accommodate the construction. The City of
Carlsbad has found that it is most efficient for the City and the CMWD to include the relocation work for water and sewer facilities in the capital project contracts. This agenda bill provides a
resolution that allows for the orderly removal and relocation of CMWD owned facilities that interfere with City capital improvement projects. This agreement will allow the City to have its
contractor relocate CMWD facilities as a part of the City contract. The agreement provides that
the CMWD will reimburse the City of Cartsbad for the relocation or reconstruction of CMWD owned facilities.
During the relocation and/or reconstruction of CMWD facilities the Cii will accept responsibility and control of the CMWD facilities. When the City completes the work, CMWD will resume
control and responsibility for the CMWD facilities.
This work performed under this agreement is categorically exempt from the environmental review
process under Section 15302 Class 2 (c) of the Public Resources Code (California Environmental
Quality Act).
FISCAL IMPACT:
The Water Meters and Fittings account will be used for the water related relocations and/or
reconstruction. The Parts, Specialty and Departmental Equipment account will be used for all sewer
related relocations reconstruction. The estimated cost of relocations and/or reconstruction will be
determined prior to the work, confirmation that sufficient funds are in the water and/or sewer funds
will be done prior to award of contracts.
Page 2 of Agenda Bill No. / 5: o cfq
EXHIBITS:
1. Carfsbad Municipal Water District Board of Directors, Resolution No. /dLfL approving
agreement and appropriating funds from the Water Operations Fund for payment to the City of
Cartsbad for the relocation and/or reconstruction of CMWD owned facilities to accommodate
proposed capital improvement projects.
2. City of Carlsbad City Council. Resolution No. $9 - u% approving agreement with the CMWD for the reimbursement of funds for the relocation and/or reconstruction of CMWD
owned utility facilities to accommodate proposed capital improvement projects.
3. Agreement with the City of Carlsbad and the Carlsbad Municipal Water District.
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Exhibit 1
RESOLUTION NO. 1042
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CUD) APPROVING
REIMBURSEMENT TO THE CITY OF CARLSBAD AND
APPROPRIATING FUNDS FROM THE WATER OPERATIONS FUND
FOR THE REIMBURSEMENT TO THE CIN OF CARLSBAD FOR THE RELOCATION AND/OR RECONSTRUCTION OF UTILITY FACILITIES
TO ACCOMMODATE PROPOSED CAPITAL IMPROVEMENT
PROJECTS.
WHEREAS, the Carlsbad Municipal Water District (CMWD) has determined it necessary,
es&able, and in the public interest to relocate and/or rewnstmt CMWD owned utilities that
lterfere with approved capital improvement projects; and
WHEREAS, the City of Carl&ad will direct any Contractor retained for City of Carlsbad
apital improvement projects, to relocate and/or reconstruct utilities and invoice the Carl&ad
lunicipal Water District for 100% of the wst of such utility constructions; and
WHEREAS, sufficient funds are available in the Water Operations Fund Balance to cover
I costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
alifomia, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby author&d and directed to execute said agreements,
tached as Exhibit 3.
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That the Finance Director is hereby authorized and directed to transfer funds from
the Water Operations Fund to pay all utility reimbursement costs.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carkbad
Municipal Water District held on the 9th day of February , 1999 by the following
Board Members Lewis, Hall, FiMila, Nygaard and Kulchia
(S-J-)
Exhibit 2
RESOLUTION NO. 99-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH THE CARLSBAD MUNICIPAL WATER DISTRICT FOR THE REIMBURSEMENT OF FUNDS FOR THE RELOCATION AND/OR RECONSTRUCTION OF CMWD OWNED UTILITY FAClLlTlES TO ACCOMMODATE PROPOSED CAPITAL IMPROVEMENT PROJECTS.
WHEREAS, the City Council of the City of Car&bad. California, has determined it
necessary, desirable, and in the public interest to relocate and/or reconstruct CMWD owned
8 utilities that interfere with approved capital improvement projects; and
9 WHEREAS, the City of Cartsbad will direct any Contractor retained for City of Carlsbad
10 capital improvement projects, to relocate and/or reconstruct utilities and invoice the Carlsbad
,, Municipal Water District for 100% of the cost of such utility constructions; and
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
,3 California, as follows:
1. That the above recitations are true and correct. 14
2. That the Mayor is hereby authorized and directed to execute said agreements,
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attached as Exhibit 3.
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3. The City Clerk of the City of Carlsbad, is hereby authorized and directed to forward a 17
16 copy of the executed agreements to the Carlsbad Municipal Water District, Engineering
Department; and to the City of Carlsbad Engineering Department.
19 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
20 held on the 9th day of February , 1999 by the following vote, to wit:
21 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
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26 ATTEST: II
28 ALETHA L. RAUTENKRANZ, City Clerk I (SEAL)
Exhibit 4
ORIGINAL
UTILITY CONSTRUCTION AGREEMENT
THIS AGREEMENT, made and entered into as of the gth day of February , 19 99 ,
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
“CITY”, and the CITY OF CARLSBAD MUNICIPAL WATER DISTRICT, a Subsidiary District
of the City of Carlsbad formed under the Municipal Water Act of 1911, hereinafter referred to
as “CMWD”.
RECITALS
WHEREAS, CMWD owns utilities that are located at various locations within the public
way and is responsible to move its facilities at CMWD’s own cost; and
WHEREAS, CMWD utility facilities may have senior utility easement rights over the
CITY’s street easement, in such case the City of Carlsbad will be responsible for all costs
associated with the relocation of CMWD owned facilities within such senior utility easements
that may exist; and
WHEREAS, CITY desires to relocate and/or reconstruct said utilities(hereinafter referred
to as the “utility construction”) outside of proposed improvements, at CMWD’s expense, to
remain in said Right of Way; and
NOW, THEREFORE, CITY and CMWD do hereby agree as follows:
1. The utility construction shall be done at the sole direction and administration of
the City who shall be solely responsible for the performance of work thereunder.
2. The Finance Director is authorized to transfer funds from the CMWD water
operations account for the relocation and/or reconstruction costs of CMWD facilities.
3. CMWD shall reimburse CITY for the actual cost of the utility construction. Said
actual costs of utility construction shall include:
A. Design, administration, and inspection of relocated and/or reconstructed
facilities;
B. Traffic control, mobilization and clearing and grubbing if included as bid
items; and
C. Actual construction costs which include: relocation and/or reconstruction
bid items, and any extra work associated with the bid items including:
equipment, materials, and labor.
4. The determination of actual costs for utility construction shall be determined by
the following. The cost of item A in paragraph 3 above, Design, administration, and inspection,
shall be fifteen percent (15%) of final construction cost. CMWD will be responsible for a
percentage of the cost of item B in paragraph 3 above, traffic control, mobilization and clearing
and grubbing if they are included as bid items. That percentage being the portion of total
CMWD utility construction cost as compared to the total project cost. An example of the portion
of Traffic Control cost attributable to CMWD is as follows:
CMWD portion of Traffic Control Cost = (CMWD + Total Project Cost) x TC
where: TC = bid cost of traffic control
CMWD = sum of all CMWD relocation and/or reconstruction bid item costs
Total Project Cost = Total capital improvement project cost bid by contractor
The cost of item C in paragraph 3 above, the cost of actual utility construction work bid
items, shall be based on the actual bid cost, and any costs due to extra work associated with
the utility construction. Determination of costs associated with extra work shall be determined
by the Standard Specifications for Public Works, section 3-3.2. CMWD will also be responsible
for direct administration and inspection costs associated with the extra work for the relocation.
Determination of administration and inspection costs associated with extra work shall be
determined by project construction daily logs and timesheets at the time of utility construction.
5. During the relocation and/or reconstruction of CMWD facilities, CITY shall accept
liability and control of said facilities. Upon completion of work by the CITY and acceptance of
the work by the CITY, CMWD shall accept liability and control of said CMWD facilities.
6. This instrument contains the entire agreement between the CITY and CMWD
with respect to payment for said relocation cost. Any agreements of representations, not
expressly set forth in this instrument, are null and void.
Executed by District this 12th dayof February ,I9 99
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
ATTEST:
ALETHA L. RAUTZNKRANZ J
City Clerk