HomeMy WebLinkAbout2017-10-24; City Council; ; appropriating funds and authorizing assumption of maintenance of two access easementsCA Review /fs
~ CITY COUNCIL \l:'I Staff Report
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Subject
Oct. 24, 2017
Mayor and City Council
Kevin Crawford, City Manager
Kyle Lancaster, Parks Services Manager
kyle.lancaster@carlsbadca.gov or 760-434-2941
Adopt a Resolution waiving the mobilization/demobilization unit price
differential as a minor irregularity; awarding a contract for Ocean Street
Beach Access Improvements to Blue Pacific Engineering & Construction,
Inc.; appropriating $262,019 in funds; and authorizing City Manager to
sign letters assuming maintenance of public access easements near Oak
Ave. and near Cypress Ave.
Recommended Action
Adoption of a Resolution waiving the mobilization/demobilization unit price differential as a
minor irregularity; awarding a contract for the Ocean Street Beach Access Improvements
Project (CIP No. 6057) to Blue Pacific Engineering & Construction, Inc., in an amount not to
exceed $3,097,500; appropriating $262,019 in additional funds for construction costs; and
authorizing the City Manager to sign letters assuming maintenance of the two public access
easements near the intersection of Oak Ave. and near the intersection of Cypress Ave.
Executive Summary
As a part of the city's Capital Improvement Program, the City Council approved the Ocean Street
Beach Access Improvements Project (CIP No. 6057). This project consists of the refurbishment
and improvement of seven public beach accesses along the west side of Ocean Street, from
approximately Oak Avenue to Rue Des Chateaux. The conceptual plans for this project were
developed with significant public outreach and input, and the Planning Commission subsequently
issued a Coastal Development Permit on Aug. 17, 2016.
On Nov. 8, 2016, the City Council approved an agreement with KTU+A Planning and Landscape
Architecture for those services. Over the last several months, staff worked extensively with
KTU+A to develop the project documents. On Aug. 22, 2017 the City Council approved the
project's contract, plans and specifications, and authorized its advertisement for public bids.
On Aug. 31, the project was advertised for public bids. On Oct. 3, 2017, five bids were received
for the project. Staff is recommending the award of contract to the low bidder, Blue Pacific
Engineering & Construction, in an amount not to exceed $3,097,500, and the appropriation of
$262,019 in additional funds for construction costs.
October 24, 2017 Item#1 Page 1 of 15
The city has vertical public access easements over all seven of the stairways along Ocean
Street. The underlying property owners have historically been required to maintain two of the
accesses, pursuant to development permit conditions. The two privately maintained accesses
are those north of the intersection of Oak Ave. and south of the intersection of Cypress Ave. To
ensure consistency in operations and quality standards for each of the Ocean Street beach
accesses, staff is recommending the City Council authorize the City Manager to sign letters to
the property owners assuming the maintenance of the access north of the intersection of Oak
Ave., and the access south of the intersection of Cypress Ave., concurrent with construction of
this project.
Discussion
The Ocean Street Beach Access Improvements Project is a Capital Improvement Program
initiative of the city's Coastal Corridor Committee, consistent with the City Council's goal of
enhancing Carlsbad's coastline. Staff's planning efforts on the project commenced in late
2014. The project area consists of seven public beach accesses along the west side of Ocean
Street, from just north of Oak Avenue to Rue De Chateaux. The accesses have been titled
according to their nearest intersection to Ocean Street: Oak Avenue, Carlsbad Village Drive,
Grand Avenue, Christiansen Way, Beech Avenue, Cypress Avenue, and. Rue Des Chateaux.
The conceptual plans for the project, by Schmidt Design Group, were prepared with significant
public outreach and several opportunities for input during 2015 and 2016, including:
• Two community workshops
• Several site meetings with owners of neighboring properties
• Two on-line public surveys
• Two outreach mailers to owners of nearby properties
• Several e-blasts and media releases
• Several public meetings of city commissions and committees
• Noticed public hearing of the Planning Commission for the Coastal Development Permit
The conceptual plans, which were finalized in July 2016, included refurbishment and
improvement of these public beach access points. The following is a list of proposed
improvements for these areas.
• Making the stairs, railings, and landings more attractive/inviting
• Providing amenities like bike racks, benches and trash/recycling receptacles
• Adding low lighting at the stairs and crosswalks on Ocean Street for safety purposes
• Increasing access for the disabled to the street-level seating and viewing platforms
• Beautifying the wider accesses with native drought-tolerant landscaping
• Enhancing security/aesthetics for neighbors.
On August 17, 2016, the Planning Commission issued a Coastal Development Permit (No. CDP16-
23) for the Ocean Street Beach Access Improvements. Upon issuance of the Coastal
Development Permit, staff advertised a Request for Qualifications and Price Proposals from
design firms to provide professional landscape architecture design services on the project. The
design firm's services included conceptual plan refinements, design development, preparation
October 24, 2017 Item#1 Page 2 of 15
of construction documents, and services associated with the bidding and construction phases of
the project.
On November 8, 2016, the City Council approved an agreement with KTU+A Planning and
Landscape Architecture for those services (Reso. No. 2016-222). Over the last several months,
staff worked extensively with KTU+A to develop the contract, plans and specifications for the
implementation of the Ocean Street Beach Access Improvements. On Aug. 22, 2017 the City
Council approved the project's contract, plans and specifications, and authorized its
advertisement for public bids (Reso. No. 2017-160). On Aug. 31, the project was advertised for
public bids. On Oct. 3, 2017, the following five bids were received for the project.
CONTRACTOR BID AMOUNT
1. Blue Pacific Engineering & Construction, Inc. $3,097,500.00
2. 3-D Enterprises, Inc. $3,526,000.00
3. M.A. Stevens Construction $3,757,194.90
4. Act 1 Construction, Inc. $3,921,650.00
5. Pulice Construction, Inc. $4,497,500.00
The low bid of $3,097,500 was $4,826 more than the engineer's estimate of $3,092,674 for the
project. Blue Pacific Engineering & Construction, lnc.'s bid included a minor irregularity that
staff is recommending waiving, consistent with Carlsbad Municipal Code section 3.28.080(G)(3).
The instructions on the bid sheet stated that the unit price for mobilization/demobilization
cannot exceed 1.5 percent of the bid, but Blue Pacific Engineering & Construction, Inc.
proposed a higher unit price equal to 6.5 percent of its bid. Staff recommends: 1) waiving this
price differential as a minor irregularity (because it did not confer a competitive advantage to
Blue Pacific Engineering & Construction), and 2) award the contract to the low bidder, Blue
Pacific Engineering & Construction, in an amount not to exceed $3,097,500.
The city has vertical public access easements over all seven of the stairways along Ocean
Street. The city currently maintains five of the seven public access easements. To ensure
consistency in operations and quality standards for all seven of the Ocean Street beach
accesses, staff is recommending the city assume maintenance of the access easement north of
the intersection of Oak Ave. and the access easement south of the intersection of Cypress Ave.,
concurrent with construction of this project.
The six-foot wide public access north of the intersection of Oak Ave. is covered by the city's
Acceptance of Irrevocable Offer to Dedicate, recorded on February 15, 1989 with the Recorder
of San Diego County as instrument No. 89-079291. The five-foot wide public access easement
south of the intersection of Cypress Ave. is covered by the city's Acceptance of Irrevocable
Offer to Dedicate, recorded on April 8, 2004, with the Recorder of San Diego County as
instrument No. 2004-0300286. Should the City Council concur with staff's recommendation to
assume maintenance of these two accesses concurrent with construction of the project's
improvements, a notice will be sent to the respective property owners, informing them of the
city's intended action.
Fiscal Analysis
October 24, 2017 Item#1 Page 3 of 15
The Ocean Street Beach Access Improvements project is funded with General Capital
Construction Funds/Infrastructure Replacement Funds, approved by the City Council in the
Capital Improvement Program. There are sufficient funds in the project budget to award this
contract. However, staff is recommending an additional appropriation, in the amount of
$262,019 from the General Capital Construction Fund/Infrastructure Replacement Fund to the
project's budget, for construction costs.
OCEAN STREET BEACH ACCESS IMPROVEMENTS PROJECT, CIP NO. 6057
Current Appropriation $3,925,000.00
Current Expenditures/Encumbrances $496, 563.00
CURRENT AVAILABLE FUNDS $3,428,437.00
Construction Contract (Blue Pacific Engineering & Construction, Inc.) $3,097,500.00
Construction Contingency {10% of Construction Contract) $309,750.00
Construction Management, Inspection, and Testing (Estimated) $194,329.00
Construction Designs, Studies and Reports (Estimated) $83,877.00
TOTAL ESTIMATED CONSTRUCTION COSTS $3,690,456.00
ADDITIONAL APPROPRIATION OF FUNDS NEEDED $262,019.00
Five of the seven public beach accesses are already maintained by the city, and are not
expected to have significant increases in costs to maintain the new improvements. The
increased utility cost of lighting and irrigating the accesses will be addressed within the existing
Parks Maintenance Operating Budget. Should the City Council concur with staff's
recommendation for the city to assume maintenance of the access easement north of the
intersection of Oak Ave. and the access easement south of the intersection of Cypress Ave., the
increased cost of adding them to the city's inventory will be addressed within the existing Parks
Maintenance Operating Budget.
Next Steps
Staff anticipates construction commencement at the end of November 2017, and completion
by the end of May 2018. Should the City Council concur with staff's recommendation to
assume maintenance of the described two public access easements concurrent with
construction of this project, a letter will be sent to the respective property owners.
Environmental Evaluation (CEQA)
The project is exempt from California Environmental Quality Act {CEQA) review pursuant to
CEQA Guidelines Sections 15301-repair and maintenance to existing facilities; 15302-
replacement or reconstruction of existing facilities; 15303-new construction; and 15304-minor
alterations to the land and vegetation. A Notice of Exemption was filed with the County Clerk
on Aug. 24, 2016.
Public Notification
Public notification of this project occurred through the outreach measures noted above. In
addition, this item was noticed in accordance with the Ralph M. Brown Act and was available
for public viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
October 24, 2017 Item#1 Page 4 of 15
1. Resolution awarding a contract for the Ocean Street Beach Access Improvements Project
(CIP No. 6057) to Blue Pacific Engineering & Construction, Inc., in an amount not to exceed
$3,097,500; appropriating $262,019 in additional funds for construction costs; and
authorizing the City Manager to sign letters assuming maintenance of the two public access
easements near the intersection of Oak Ave. and near the intersection of Cypress Ave.
2. Renderings of the Ocean Street Beach Access Improvements at Carlsbad Village Drive.
3. Renderings of the Ocean Street Beach Access Improvements at Beech Avenue.
October 24, 2017 Item#1 Page 5 of 15
RESOLUTION NO. 2017-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, WAIVING THE MOBILIZATION/DEMOBILIZATION UNIT
PRICE DIFFERENTIAL AS A MINOR IRREGULARITY; AWARDING A
CONTRACT FOR THE OCEAN STREET BEACH ACCESS IMPROVEMENTS
PROJECT {CIP NO. 6057) TO BLUE PACIFIC ENGINEERING &
CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $3,097,500;
APPROPRIATING $262,019 IN ADDITIONAL FUNDS FOR CONSTRUCTION
COSTS; AND AUTHORIZING THE CITY MANAGER TO SIGN LETTERS
ASSUMING THE MAINTENANCE OF TWO OF THE PUBLIC ACCESS
EASEMENTS NEAR THE INTERSECTION OF OAK AVE. AND NEAR THE
INTERSECTION OF CYPRESS AVE.
l~XHIBii :
WHEREAS, construction of the proposed beach access improvements is desirable and in the
public interest of providing amenities that are consistent with the city's vision and mission statements,
the community's vision statement, and the City Council goal for enhancing the coastline; and
WHEREAS, the conceptual plans for the project, by Schmidt Design Group, were prepared with
significant public outreach and several opportunities for input during 2015 and 2016; and
WHEREAS, the conceptual plans, which were finalized in July 2016, included refurbishment and
improvement of these public beach accesses; and
WHEREAS, on Aug. 17, 2016, the Planning Commission issued a Coastal Development Permit (No.
CDP16-23) for the Ocean Street Beach Access Improvements; and
WHEREAS, staff advertised a Request for Qualifications and Price Proposals from design firms
to provide professional landscape architecture design services on the project; and
WHEREAS, on Nov. 8, 2016, the City Council adopted Resolution No. 2016-222 approving an
agreement with KTU+A Planning and Landscape Architecture for those services; and
WHEREAS, staff worked extensively with KTU+A to develop the contract, plans and
specifications for the implementation of the Ocean Street Beach Access Improvements; and
October 24, 2017 Item#1 Page 6 of 15
WHEREAS, on Aug. 22, 2017 the City Council approved the project's contract, plans and
specifications, and authorized its advertisement for public bids (Reso. No. 2017-160); and
WHEREAS, on Aug. 31, the project was advertised for public bids, and on Oct. 3, 2017, five bids
were received for the project; and
WHEREAS, the low bid of $3,097,500 was $4,826 more than the engineer's estimate of
$3,092,674 for the project; and
WHEREAS, the low bid included a minor irregularity by bidding a unit price of $200,000 for
mobilization/demobilization that exceeded the limit of 1.5 percent of the bid for that unit price; and
WHEREAS, staff recommends waiving that minor irregularity under Carlsbad Municipal Code
section 3.28.080(G)(3) because it did not confer a competitive advantage on the low bidder; and
WHEREAS, staff is recommending the award of contract to the low bidder, Blue Pacific
Engineering & Construction, Inc., in an amount not to exceed $3,097,500; and
WHEREAS, an appropriation of additional funds in the amount of $262,019, from the General
Capital Construction Fund/Infrastructure Replacement Fund to the project's budget, is requested for
construction costs; and
WHEREAS, subsection 3.28.040(C)(5) 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 project
award; and
WHEREAS, the city has vertical public access easements over all seven of the stairways along
Ocean Street; and
WHEREAS, to ensure consistency in operations and quality standards for all seven of the Ocean
Street beach accesses, staff recommends assuming maintenance of the access north of the
October 24, 2017 Item#1 Page 7 of 15
EXHIBIT 1
intersection of Oak Ave. and the access south of the intersection of Cypress Ave., concurrent with
construction of this project; and
WHEREAS, the six-foot wide public beach access easement north of the intersection of Oak Ave.
is covered by the city's Acceptance of Irrevocable Offer to Dedicate, recorded on February 15, 1989
with the Recorder of San Diego County as instrument No. 89-079291; and
WHEREAS, the five-foot wide public beach access easement south of the intersection of Cypress
Ave. is covered by the city's Acceptance of Irrevocable Offer to Dedicate, recorded on April 8, 2004,
with the Recorder of San Diego County as instrument No. 2004-0300286.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the City Council hereby waives the mobilization/demobilization unit price
differential as a minor irregularity.
3. The Mayor is hereby authorized and directed to execute a contract with Blue Pacific
Engineering & Construction, Inc., for the implementation of the Ocean Street Beach
Access Improvements Project (CIP No. 6057) in accordance with the contract, plans, and
specifications referred to herein, in an amount not to exceed $3,097,500.
4. The City Manager or designee is hereby authorized to approve construction change
orders, singly or in aggregate, up to $309,750 for the project.
5. The award of this contract is contingent upon Blue Pacific Engineering & Construction,
Inc. executing the required contract and submitting the required bonds and insurance
policies, as described in the contract, within 20 working days of adoption of this
resolution. The City Manager may grant reasonable extensions oftime.
October 24, 2017 Item#1 Page 8 of 15
6. The Administrative Services Director is hereby directed to appropriate additional funds
from the General Capital Construction Fund/Infrastructure Replacement Fund, in the
amount of $262,019, to the project's budget.
7. The City Manager is hereby authorized to send a letter to the property owners of the
access north of the intersection of Oak Ave. and the access south of the intersection of
Cypress Ave., informing them of the city's intent to assume maintenance of these
vertical public access easements, attached hereto as Attachment "A."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of October, 2017, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES:
ABSENT:
None.
M. Hall.
KEITH BLACKBURN, Mayor Pro Tern
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BARBARA ENGLESON, City Clerk /
(SEAL)
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October 24, 2017 Item#1 Page 9 of 15