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Home My WebLink About2009-12-22; City Council; 20075; Accept Bids and Award Contract Reconstruction Encinas Creek Bridge Project No 3919CITY OF CARLSBAD - AGENDA BILL AB# 20,075 MTG. 12/22/09 DEPT. ENG ACCEPT BIDS AND AWARD CONTRACT FOR THE RECONSTRUCTION OF THE ENCINAS CREEK BRIDGE, CITY PROJECT NO. 3919 DEPT. HEAD^Lfjf CITY ATTY. S&Z' CITY MGR. \JJ—^ RECOMMENDED ACTION: Adopt Resolution Number 2009-318 accepting bids and awarding a contract for the reconstruction of the Encinas Creek Bridge, City Project No. 3919. ITEM EXPLANATION: On October 20, 2009, the City Council adopted Resolution Number 2009-257 approving the plans and specifications and authorizing the advertisement of bids for the reconstruction of the Encinas Creek Bridge, City Project No. 3919, located on southbound Carlsbad Boulevard northerly of Island Way. On December 1, 2009, the City received and publicly opened twelve (12) sealed bids for this project the results of which are summarized below: TABLE 1 - SUMMARY OF BIDS FOR THE RECONSTRUCTION OF ENCINAS CREEK BRIDGE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 NAME LB.CIVIL CONSTRUCTION, INC. BERTW. SALAS, INC. HAR CONSTRUCTION, INC. REMEDIAL CIVIL CONSTRUCTORS, INC. SOUTHWEST CIVIL CONTRACTING, INC. SCW CONTRACTING CORPORATION WIER CONSTRUCTION CORPORATION WESTERN RIM CONSTRUCTORS, INC. BEADOR CONSTRUCTION COMPANY, INC. KEC ENGINEERING, INC. SCHEIDEL CONTRACTING AND ENGINEERING, INC. R.E. STAITE ENGINEERING, INC. ENGINEER'S ESTIMATE: BID AMOUNT $1,243,330.00 $1,340,468.00 $1,450,000.00 $1,459,289.00 $1,474,477.00 $1,495,873.00 $1,563,075.40 $1,564,105.00 $1,583,300.00 $1,698,868.00 $1,795,379.25 $2,329,446.00 $1,600,000.00 DEPARTMENT CONTACT: John Cahill, 760-602-2726, John.Cahill@carlsbadca.gov CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 During the review of the bid submittals, staff discovered the low bidder L.B. Civil Construction, Incorporated did not comply with the Bidder's Qualification Statement (Page 21 of the Bid Proposal) requiring verifiable prior experience as a prime contractor constructing a similar precast bridge structure since January 1, 2000. L.B. Civil Construction, Incorporated named their listed subcontractor Southwest Civil Construction, Incorporated as having the required prior experience on their bid submittal form citing a past project with the Olivenhain Municipal Water District. City staff contacted representatives of the District who verified their contract was with Southwest Civil Construction, Incorporated as the prime contractor. According to District representatives, L.B. Civil Construction, Incorporated was not involved in the Olivenhain project. Therefore, staff recommends the low bidder L.B. Civil Construction, Incorporated be declared nonresponsive to this bid. Staff has reviewed the information submitted by the second low bidder Bert W. Salas, Incorporated and verified this firm was the prime contractor on a similar precast bridge structure constructed under contract with the County of San Diego. The Salas bid submittal is, therefore, in compliance with the bid requirements and is recommended to be awarded this contract in the amount of $1,340,468.00. There is a very small window of time available to construct the replacement bridge. The project schedule has been designed to initiate construction immediately following the January 24, 2010 Carlsbad Marathon and conclude before the May 29-31, 2010 Memorial Day weekend, which is the traditional beginning of the Summer beach season in Carlsbad. To meet this schedule, the project includes closure of southbound Carlsbad Boulevard south of Palomar Airport Road to Island Way and the installation of a detailed traffic and bicycle detour plan to southbound Avenida Encinas for the duration of the project. Northbound Carlsbad Boulevard travel is unaffected by the detour plan. Access points to the State Parks campground, hotels, residential areas, etc., from northbound Carlsbad Boulevard are also unaffected. Parking in the off-street parking lot on southbound Carlsbad Boulevard southerly of the bridge project will be allowed via a special access route to reach the parking lot during construction. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Encinas Creek Bridge Project (CDP 09-08/SUP 09-03/HMP 09-06). The Notice of Intent (NOI) to adopt a MND was published in the newspaper June 26, 2009, and sent to the State Clearinghouse for a 30-day public review (June 26, 2009 - July 27, 2009). No further environmental review is required. The MND was approved by the Planning Commission on August 19, 2009, in compliance with the California Environmental Quality Act (CEQA) Guidelines, Section 15074. FISCAL IMPACT: The City Council has appropriated a total of $2,636,215 consisting of South Coastal RDA funds and Planned Local Drainage Area funds for this project. A summary of the available funding for construction is shown in Table 2 as follows: Page 3 TABLE 2 - PROJECT APPROPRIATIONS TASK DESCRIPTION Predesign Studies Design and Permits Construction Construction Contingency (20%) Inspection (10%) Specialized Testing (5%) Construction Engineering Environmental Monitoring SUBTOTAL ESTIMATED COSTS AVAILABLE APPROPRIATIONS ESTIMATED COST $104,444 $451,271 $1,340,468 $268,093 $134,046 $67,023 $117,362 $140,834 $2,623,541 $2,636,215* EXPENDITURES/ ENCUMBRANCES TO DATE $104,444 $451,271 $0 $0 $0 $0 $0 $0 $555,715 *Funding Sources: Planned Local Drainage Area Fund and South Carlsbad Redevelopment Area Fund Adequate funds exist in the project account to enable award of the contract without requiring additional appropriations at this time. Prevailing wages will be paid on this project because Redevelopment funds were used for a portion of the pre-construction work. EXHIBITS: 1. Location Map. 2. Resolution Number 2009-318 accepting bids and awarding a contract for the reconstruction of the Encinas Creek Bridge Project, City Project No. 3919. 3 LOCATION MAP S/7E NOT TO SCALE art OF OCEANStDC HIGHWAY S/7E VICINITY MAP NOT TOSCALE PROJECT NAME ENCINAS CREEK BRIDGE PROJECT NUMBER 3919 EXHIBIT 1 DRAW BX: SCOTT EVMS. CARLSBAD ENGNEER/NG DEPT. 4/17/08 C:\CAPITAL\3919.DWG 1 RESOLUTION NO. 2009-318 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 " 4 21 24 25 26 27 28 CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE RECONSTRUCTION OF THE ENCINAS CREEK BRIDGE, CITY PROJECT NO. 3919. 5 n WHEREAS, the City Council of the City of Carlsbad, California, hereafter "City Council," 6 has appropriated funds for the reconstruction of the Encinas Creek Bridge, Project No. 3919, 7 hereafter the "Project;" and 8 WHEREAS, plans and specifications were prepared to initiate said Project and were 9 approved by the City Council on October 20, 2009; and 10 WHEREAS, the City of Carlsbad received and publicly opened twelve (12) sealed bids 11 for the Project on December 1, 2009; and 12 WHEREAS, the bid submitted by L.B. Civil Construction, Incorporated is determined to 13 be nonresponsive to this bid; and14 WHEREAS, the lowest responsive, responsible bid was submitted by BERT W. SALAS,15 INCORPORATED in the amount of $1,340,468.00; and16 WHEREAS, the City Council hereby finds it necessary, desirable, and in the public interest to accept bids and award a construct for the Project; and WHEREAS, there are sufficient funds currently appropriated for City Project No. 3919 toi y complete the Project; and WHEREAS, the City Manager is hereby authorized to approve change orders in the cumulative amount equal to the contingency hereby set at twenty percent (20%) of the contract 23 22 award. 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. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the bid submitted by L.B. Civil Construction, Incorporated is determined to be nonresponsive to this bid. 3. That the lowest responsive, responsible bid was submitted by BERT W. SALAS, INCORPORATED in the amount of $1,340,468.00 and the bid is awarded to said company. 4. That the Mayor of the City of Carlsbad, California is authorized to execute a contract for the Project. 5. That the award of contract is contingent upon the bidder submitting the lowest responsive bid executing the required contract and submitting the required bonds and insurance, policies as described in the contract, within twenty (20) days of adoption of this resolution. The City Manager may grant reasonable extensions of time. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of December, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. ayor ATTEST: Kira Lin berg From: Jim Lumm [jliimm@lbcivil.com] All Receive - Agenda Item # ^ S Sent: Monday, December 21, 2009 1:28 PM For Information of To: Council Internet Email; Manager Internet Email THE CJJY COUNCIL Subject: Las Encinas Creek Bridge Replacement CM_ Attachments: Letters.pdf From CMXjJJ^Vsst. CM_ To the Honorable Mayor, City Council & City Manager: LB Civil Construction was the low bidder on the Las Encinas Creek Bridge Replacement Project on December 1, 2009. While we believe we are fully qualified to perform the project, it was decided that the project will be awarded to the 2nd Low Bidder. The details of the decision are documented per the attached letters. We are very disappointed with the City's decision on this matter. Regards, Jim Lumm L.B. Civil Construction, Inc. 10650 Treena Street, Suite 212 S an Diego, CA 92131 (858) 578-LBCC (5222) / i lumm@lbcivil. com / CIVILCONSTRUCTION, INC. that require extensive construction management to solve difficult problems. I have attached the resume of the principals as well as a personal history of work completed in San Diego County. We believe it would in the best interest for the City of Carlsbad to award the project to the low bidder, LB Civil Construction, Inc. As you are aware, we would have an executed contract with the City and Payment and Performance bonds to guarantee that the work would be done in accordance with the plans, specifications, and standards. Furthermore, our bid is $97, 1 38 lower than the second low bidder, a significant amount of money to any municipality. LB Civil Construction requests that the City of Carlsbad reconsider their decision reject our bid. We stand by our price and feel we have met the requirements. In addition, the City has the right to waive any minor irregularity or informality in such bids. We believe this situation falls into that category. Please contact me if you have any questions or require additional information. Sincerely, LBjCivil Construction, Inc. James Lumm President Enclosure ,0650 Treena Street, Ste. 212 - San Diego, CA 92131 . (858) 578-5222 Ph - (858) 578-5226 Fx PCL Civil Constructors. Inc. Tempe. AZ November 1989-Mav 1998 Prior to Archer Western, Mr. Lumm was the project manager for a $7 million river diversion project for the Sweetwater Authority, which included 2 miles of 48" gravity flow pipe line, major earthwork and concrete structures. Prior to his role as Project Manager, Mr. Lumm was the Project Engineer for several projects. These projects include a $6 million sewer line project for the City of San Diego MWWD. This project was a combination of the installation of water and sewer lines in environmentally sensitive tidal lagoons and in active roadways. The project includes features such as tight sheet shoring to 25-foot depths and jacked pipe crossings. Mr. Lumm was also Project Engineer and Superintendent for the construction of a $6 million trapezoidal concrete lined canal for the Bureau of Reclamation. The construction of the 4-mile canal included major earthwork, drainage pipe, concrete- lined canal, and numerous reinforced concrete structures. This project was completed for the Navajo Indian Tribe and utilized Native Americans for the work force. Other projects that Mr. Lumm completed as the Project Engineer include a $4 million 42" Gravity Irrigation Pipe Line in Cortez, Colorado for the Bureau of Reclamation, a $6 million 42" and 66" Potable Water Line for the Central Arizona Project in Tucson, Arizona and a $13 million Roller Compacted Concrete diversion project in Santa Paula, California. As Project Engineer on these projects, Mr. Lumm was responsible for the project scheduling (Primavera), cost reporting, submittals, change order estimating, negotiating, and implementation, material procurement, subcontracts, and Owner relations. C&F Equipment Co. Phoenix. AZ 1987-1989 Field Engineer and Estimator for a small family owned grading and paving company. Duties included quantity take- off and estimating of earthwork and paving projects as well as project engineering and supervision on active projects. PERSONAL Married 20 years with 3 children. Enjoy outdoor activities including golf, softball, and bicycling. Excellent health and a non-smoker. REFERENCES Available upon request 2 miles of 21-foot diameter steel pipe. Mr. Bohne's responsibilities also included assistant estimator on several road improvement and bridge jobs ranging from $6 million to $55 million. Peter Kiewit Sons' Phoenix. AZ 1993-1995 Field Engineer/Project Engineer and Estimator in the Phoenix and Las Vegas areas. Duties included quantity take- off and estimating of earthwork and structures on large civil projects. Field engineer and last salaried personnel on $11 million Union Pacific Ogden Road Underpass in Las Vegas. Project engineer on $7.5 million Needles Highway Improvements in Laughlin, NV. Also involved with $20 million landfill cap in Phoenix. PERSONAL Married 8 years with 2 children. Enjoy outdoor activities including hiking, triathlons, and windsurfing. Excellent health and a non-smoker. REFERENCES Available upon request San Diego, CA San Diego, CA Poway, CA Spring Valley, CA San Diego, CA and Improvements Ave. Ramps/36th Street Bridge iprovements sion Project ;A x Sorrento Valley Road Pipelines City of San C Caltrans City of Powai Sweetwater / City of San D MWWD f %x^j;»>f5f!iff 858) 653-6433 $3.5 |Mak Daoud City of San Diego 858) 627-3278 .$6.7 |Angel Morales Caltrans 619)667-2105 $1.2 iBudOiiveira Cjty of Powa 858) 679-4225 $7.0 (Sweetwater Author! $6/1 [Scott Tulloch City of San Dieao CIVIL CONSTRUCTION, INC. December 4, 2009 Mr. Kevin L. Davis Senior Contract Administer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Las Encinas Creek Bridge City of Carlsbad Project No. 3919 Dear Mr, Davis, LB Civil Construction, Inc. is in receipt of your letter dated December 3, 2009 regarding the Las Encinas Creek Bridge Project. We believe we have met the contract requirements to complete the project including the Conspan Bridge. Per the Instructions to Bidders, the installer of the Conspan shall have completed at least one Conspan Bridge as the prime contractor. Our listed subcontractor, Southwest Civil, and in particular Scott King, possesses the necessary experience to fulfill the criteria for the installation of the Conspan Bridge on the Las Encinas Creek Bridge Replacement Project for the City of Carlsbad. Per the attached letter, Mr. King has completed a Conspan Bridge as the prime contractor. We believe it is of utmost importance to actually have supervisory personnel that have installed a Conspan Bridge. Whilst a company may have been a prime contractor on a Conspan Bridge Project there is no guaranty that any of those personnel are still with that company. LB Civil Construction has provided the City of Carlsbad with a competitive bid and will have the necessary supervision to complete the proper installation of the Conspan Bridge. Please contact me if you have any questions or require additional information. Sincerely, LB Civil Construction, Inc. James Lumm President Enclosure 70650 Treena Street, Ste. 212 • San Diego, CA 92131 • (858) 578-5222 Ph • (858) 578-5226 Fx Dec-03-2009 01:38 PM City of Carlsbad 760-602-8562 1/2 City of Carlsbad Public Works "Contract Administration TRANSMITTED VIA FAX December 3, 2009 JAMES-LUMM, PRESIDENT LB CIVIL CONSTRUCTION, INC. 10650 Treena Street, #212 San Diego, California 92131 RE: LAS ENCINAS CREEK BRIDGE CITY OF CARLSBAD PROJECT NO. 3919 Dear Mr. Lumm: The City of Carlsbad opened bids for the above referenced project on December 1, 2009. Your company submitted the required "Bidder's Qualification Statement," (hereafter-"Statement") Paige 21 of the Notice Inviting Bids, a copy of which is attached. In our review of your bid materials, the City has been unable to confirm with the Olivehhain Municipal Water District the information submitted in your Statement listing LB Civil Construction, Inc. as the prime contractor for this project. By this letter, the City of Carlsbad requests you provide written confirmation of the information contained in your Statement to be received by the City at the below address no later than 5:00 pm, Monday, December 7, 2009. An example of acceptable written confirmation would be a copy of the executed contract between LB Civil Construction, Inc. and the Oliverhain Municipal Water District for this project or some other written document(s) confirming the information contained in your Statement. Failure to submit the requested written document(s) by the designated date and time may cause the City.to determine your bid non-responsive. If you have any questions, please contact me at 760-602-2466. CEVIN L. DAVIS Sr. Contract Administrator C:Ronald Kemp, Deputy City Attorney John Cahill, Municipal Projects Manager 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (760) 602-4677 ° FAX (760) 602-8562 DEC-03-2009 13:29 760 602 8562 P.01