HomeMy WebLinkAbout2000-02-15; City Council; 15629; Foxes Landing Sewer Lift Station Upgrade.
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cm OF CARLSBADCRLSBAD MUNICIPAL WATER DERICT - LENDA BILL
4B# +-? 9 TITLE: AWARD CONSTRUCTION CONTRACT FOR
FOXES LANDING SEWER LIFT STATION 14-INCH FORCE MAIN
MTG. 2/l 5/00 AND INTERSTATE 5, 16-INCH WATER PIPELINE CROSSING,
AND APPROPRIATE ADDITIONAL FUNDS, IEPT. CMWD CMWD PROJECT NO. 98-407A, CONTRACT NOS. 36561A & 36591
RECOMMENDED ACTION:
DEPT. HD. /\
CITY ATTY.
CITYMGRkig$$
City of Carlsbad City Council: Adopt Resolution No. 24’ -& for award of construction contract for Foxes Landing Sewer Lift Station 14-inch Force Main CMWD Project 98-407A, Contract No. 36561 A.
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. /b73 for award of construction contract for Interstate 5, 16-inch Water Pipeline Crossing; and to appropriate additional funds; CMWD Project 98-407A, Contract No. 36591.
ITEM EXPLANATION:
On October 26, 1999 the City Council and Board of Directors authorized the advertisement of bids for the Foxes Landing Sewer Lift Station 14-inch force main and Interstate 5, 16-inch water pipeline crossing, CMWD Project No. 98-407A.
The project involves construction of a 14-inch sewer force main for the Foxes Landing Sewer Lift Station and a new 16-inch potable water line under the Interstate 5 Freeway using the horizontal directional drilling method of trenchless technology.
The new sewer force main will parallel an existing 38 year old cast iron force main and will be needed to bypass sewer flow when the Foxes Landing Sewer Lift Station is upgraded in the Spring of 2000. The Foxes Landing Sewer Lift Station Upgrade is planned to start immediately following the force main installation. Exhibit 1 shows the location map of the proposed sewer force main.
The water line will provide a secondary source of water to the service area west of Interstate 5 and south of Poinsettia Lane. Presently, there is one transmission main in the Poinsettia Lane, Interstate 5 bridge that feeds this southwest area. Exhibit 2 depicts the location map for the water pipeline crossing.
Four (4) sealed bids were received on December 16, 1999 to construct the two pipelines as follows:
CONTRACTOR
1. HPS PLUMBING SERVICES, INC.
2. HMS CONSTRUCTION
3. VADNAIS CORPORATION
4. KAY CONSTRUCTION
SEWER FORCE .WATER MAIN BID PIPELINE BID TOTAL
$531,774 $659,201 $1,190,975
$540,740 $750,225 $1,290,965
$602,300 $784,200 $1,386,500
$688,028 $853,532 $1,541,560
In reviewing the bids, the low bidder, HPS Plumbing Services, Inc. was deemed non-responsive on the project because they are not performing 50% of the work as required in the specifications. The City of Carlsbad adopted the Standard Specifications for Public Works Construction, 1997 edition for construction contract documents. Specifically, page 19 of these specifications states the following: Any bid that proposes performance of more than 50 percent of the work proposed to be performed by the Bidder other than the Contractor’s own organization will be rejected as non-responsive. HPS Plumbing Services, Inc. had proposed to do approximately 37% of the work. Therefore, we are recommending that HMS Construction be awarded the contract as the most responsive and responsible bidder.
HPS Plumbing Services, Inc., has submitted two letters addressing this issue, dated February 1,2000, and February 2, 2000. Those letters are shown as attachments 5 and 6, respectively. The February 1, 2000 letter indicates that they changed their subcontractor’s percentage of the work performed. However, the specifications require complete and correct information at the time of bid submittal and that the “Subcontractors Code” prohibits re-negotiating the amount of work to be performed by the subcontractor after bids are submitted.
Page 2 of Agenda Bill No. -ye L
The February 2, 2000 letter states that the “Greenbook” requires that the subcontractor be listed, but not the mathematical portion which is the amount of the work to be performed. However, Carlsbad’s specifications are more restrictive and do require the project contractor to list the subcontractor amounts.
It is important that we proceed with this project award at this time because of potential conflicts with a land development known as Poinsettia Shores Area C. The pipeline will be constructed in an area that will directly impact the development. The development is proposing to construct homes in May 2000. By awarding this contract in February 2000, the City’s Contractor could begin in March and be completed by June 2000. The City will enter into agreement with the developer for use of their property.
FISCAL IMPACT:
The distribution of City and District appropriation of funds for design construction costs are shown in City Sewer Cost-Table 1 and District Water Cost -Table 2.
TABLE 1
TABLE 2
Funds for these projects are included in the 1999-2000 Capital Improvement Program.
ENVIRONMENTAL REVIEW:
The Planning Department has determined that the final design and construction of the pi P eline work is exempt from CEQA in accordance with Section 15301, paragraph 21152b, Class 1 or the Foxes Landing sewer force main. The l-5 water pipeline crossing was given a Mitigated Negative Declaration by the Planning Commission on January 5, 2000.
EXHIBITS:
1. Location Map - Foxes Landing Sewer Lift Station, 16lnch Force Main.
2. Location Map - Interstate 5,16-Inch Potable Water Pipeline Crossing.
3. City of Carlsbad City Council: Adopt Resolution No. %@+ 46 for award of construction contract for Foxes Landing Sewer Lift Station, 14-Inch Force Main; CMWD Project 98-407, City Project 36561.
4. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. /by3 for award of construction contract for Interstate 5, 16-Inch Water Pipeline Crossing; CMWD Project 98-407, City Project 36591.
5. HPS Plumbing Services letter dated February 1, 2000.
6. HPS Plumbing Services letter dated February 2,200O.
LOCATION MAP
FOXES LANDING SEWER
LIFT STATION FORCE MAIN -
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Project Name!
FOXES LANDING SEWER LIFT STATION
14-INCH FORCE MAIN
CONTRACT Exhibit
No, 36561 No,
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LOCATION MAP
Project Name: CONTRACT Exhibit
INTERSTATE 5, 16-INCH WATER PIPELINE No, 36591 No, CROSSING 2
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOXES LANDING SEWER LIFT STATION, 14-lINCH FORCE MAIN; CMWD PROJECT 98-407, CONTRACT NO. 36561A.
WHEREAS, the City Council of the City of Carlsbad, California, has previously authorized
the advertisement for bids for the Foxes Landing Sewer Lift Station 14-Inch Force Main; CMWD
Project No. 98-407A, Contract No. 36561A; and
WHEREAS, four (4) sealed bids were received December 16, 1999 for said project; and
WHEREAS, bid documents received from all bidders have been reviewed in detail and the
City Council does hereby find the lowest responsive, responsible bid received for the construction
of said project was submitted by HMS Construction in the amount of $540,740; and
WHEREAS, the force main is required in addition to the sewer lift station upgrade; and
WHEREAS, the force main was included in the 1999-2000 Capital Improvement Program;
and
WHEREAS, two letters were submitted by HPS Plumbing Services, Inc., dated
February 1, 2000 and February 2, 2000 indicating that they were changing the amount of work
performed by their subcontractor to comply with the specifications and that they are not required
to indicate the cost amount of the work to be performed by the subcontractor in accordance with
the “Greenbook” ; however, the specifications do require that the subcontractor amount be listed
and that no changes can be made after 24 hours of submitting the bids.
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 letters dated February 1, 2000 and February 2, 2000 submitted by
HPS Plumbing Services, Inc., have been considered, but do not comply with the project
specifications.
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3. That the bid in the amount of $540,740 submitted by HMS Construction is hereby
accepted, and the Mayor is hereby authorized and directed to execute the agreement, therefore,
a copy of which is on file in the Oftice of the City Clerk.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15th day of February ,200O by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
CLAUDE A. LEWIS, M&fir I VI
ATTEST:
&h.~a
LO&%AR\IE M. WOOD, City Clerk (SEAL)
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RESOLUTION NO. 1073
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
3 DISTRICT OF CARLSBAD, CALIFORNIA, FOR AWARD OF CONSTRUCTION CONTRACT FOR INTERSTATE 5, 16-INCH
4 WATER PIPELINE CROSSING; CMWD PROJECT NO. 98-407,
CONTRACT NO. 36591.
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WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad,
California, has previously authorized the advertisement for bids for the Interstate 5, l&inch water
7 pipeline; CMWD Project No. 98-407A, Contract No. 36591; and
8 WHEREAS, four (4) sealed bids were received December 16, 1999 for said project; and
9 WHEREAS, bid documents received from all bidders have been reviewed in detail and the
lo Board of Directors does hereby find that the lowest responsive, responsible bid received for the
construction of said project was submitted by HMS Construction in the amount of $750,225; and
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WHEREAS, an additional appropriation of $74,000 from the Water Connection fund is
required to complete the project and sufficient funds are available for appropriation; and
13 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
14 Municipal Water District of Carlsbad, California, as follows:
15 1. That the above recitations are true and correct.
2. 16 That the letters dated February 1, 2000 and February 2, 2000 submitted by
HPS Plumbing Services, Inc., have been considered, but do not comply with the project
17 specifications.
18 3. That the bid amount of $750,225 submitted by HMS Construction is hereby
1s accepted, and the President is hereby authorized and directed to execute the agreement,
20 therefore, a copy of which is on file in the Office of the Secretary.
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4. 4. That an appropriation of $74,000 from the Water Connection fund to the project is That an appropriation of $74,000 from the Water Connection fund to the project is
hereby approved. hereby approved.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the Water District held on the February February 15th day of 15th day of I I 2000 by the following vote, to wit: 2000 by the following vote, to wit:
AYES: AYES: Board Members Lewis, Hall, Board Members Lewis, Hall, Fi Fi and Kulchin and Kulchin
II Al-TEST: Al-TEST: *mmzt5
LORRlAINE M. WOOD, Secretary LORRlAINE M. WOOD, Secretary (SEAL)
FEE-87-2808 13: 46 ,C ITY OF CARLSBAD 768 431 5769 P n 8343
EXHIBIT 5
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Tuesday, Fcbnwy 01,ZOOO
MY- 5950 El comiao Rcol
CIrlsbad. CA 92608
Fore5 LIIldlag & Interdab 5 - HPS t 147
In ncgetiatiotu with our 5ubcontraclur, Cxlihnia Barb
the total amowu of work to be pcrfortncd by tkttt is SS74,OOO.
A totxlof48°h. The bdmcc of the work will be pcrtamd by HPS
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vice Pmldent
cc: Kevin Hoover
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EXHIBIT 6
P.O. BOX 6396 l BAKERSFIELD, CA93986
(661) 324-2121 + FAX (691) 3226649
CA LIC 751912 + NV LIC 0039424
Wednesday, February 02,200O
Mr. Randy Klaahsen
City of Carlsbad - Carlsbad Municipal W.D.
5950 El Camino Real
Carlsbad, CA 92008
RF,: General
Document Number GEN-0001
Foxes Landing & Interstate 5 - HPS 1147
Dear Mr. Klaahsen,
II II
As you are aware, your specifications requested that HPS submit forms within 24 hours of the bid opening which
included estimated dollar amounts of work to be performed by subcontractors. As you may not be aware, much time
is required to negotiate a final price and terms of the contract, and often a final price cannot be arrived at within 24
hours.
The purpose of the subcontracting listing law, 4 100 et seq. of the California Public Contracts Code, as stated in
4101 is:
1. To have all subcontractors give their best price going into the bid, so that the owner gets the best price. The
subcontractors are protected from general contractors bid shopping by this listing.
2. Elimination of bid shopping creates better workmanship, and eliminates insolvencies, loss of wages to employees,
and other evils.
The reason the law does not allow for listing of dollar amounts, or percentages, is because of the understanding that
both parties will be negotiating terms of the subcontract, from an equal basis due to the protection of the
Subcontracting Listing Law. Thse terms include scope of work, payment terms, and obviously the amount. The only
requirement of the law is to list the portion of the work, and that pertains to the “type of work” not the mathmatical
portion.
As BPS has been negotiating contract terms and other issues with California Boring, HPS has reached a subcontract
amount with California Boring of $563,000. The balance of the contract, the remaining $627,976 will be self
performed by HPS.
As BPS Plumbing is self-uerformine more than 50% of the contract, there is no legal basis for HPS’s bid to be
reiected as non-resnonsive. HPS will be happy to meet with staff to discuss these matters, as well as attend the City
Council meeting for the awarding of the contract.
Tim Ashlock
Vice President
cc: Les DenHerder, Kevin Hoover, Faxed to Office
L www.hpsplumbing.com
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