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Home My WebLink About2008-10-07; Municipal Water District; 669; Acceptance of Bids and Award of Contract for Construction of Mitigation Landscape Improvements for Habitat Revegetation Maintenance and Monitoring Program Lake Calavera Improvements Project No 3821CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL H x,^£ AB# 669 MTG. 10/7/08 DEPT. ENG ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR THE CONSTRUCTION OF Ml I IGATION LANDSCAPE IMPROVEMENTS FOR HABITAT REVEGETATION, MAINTENANCE AND MONITORING PROGRAM, LAKE CALAVERA IMPROVEMENTS, PROJECT NO. 3821 DEPT. HEAD "j2.~f^f CITYATTY. fi/^ CITY MGR. / ^_^ RECOMMENDED ACTION: Adopt Resolution No.1340 accepting bids and awarding contract for the construction of Mitigation Landscape Improvements for Habitat Revegetation Maintenance and Monitoring Program, Lake Calavera Improvements, Project No. 3821. ITEM EXPLANATION: Lake Calavera is located in the northeast part of the City. The Calavera Dam is an earth-fill dam that impounds water from Calavera Creek watershed to form Lake Calavera. Presently, the Lake Calavera Remedial Improvements were completed, which restored operational control and safety of the dam. Conditions of approval for the Remedial Improvements project from the California Department of Fish and Game Streambed Alteration Agreement require the construction of wetland and non-wetland habitat at eleven locations within the Lake Calavera property to ensure that impacts to listed species are fully- mitigated. Creation of habitat areas includes grading, installation of plants, irrigation, and five-year maintenance and monitoring. On July 22, 2008, Carlsbad Municipal Water District (CMWD) Board adopted Resolution No. 1330 approving, as a prevailing wage project, plans and authorizing to advertise for bids for construction of mitigation improvements. On September 3, 2008, nine (9) bids were received. The bids are summarized below. CONTRACTOR LCG Landscape Rock Bottom, Inc. America West Landscape, Inc. Valleycrest Landscape Development 3-D Enterprise Habitat Restoration Sciences, Inc. Rccket Enterprises Falcon Construction Co. Badii Enterprises, Inc. BUSINESS LOCATION Corona, CA Bakersfield, CA Downey, CA San Diego, CA San Diego, CA Escondido, CA San Diego, CA Escondido, CA San Diego, CA TOTAL BID AMOUNT $191,797.36 $218,206.80 $225,046.37 $248,661.06 $251,004.00 $255,016.00 $281,616.24 $349,990.00 $531,790.00 The lowest bidder, LCG Landscape, submitted a bid in the amount of $191,797.36. The Engineer's Estimate for the project construction bid was $250,000. Staff has completed the review of the contract documents and has determined that an insubstantial error was made by LCG Landscape in completing the Designation of Subcontractors Form. DEPARTMENT CONTACT: David Ahles, (760) 602-2748, dahle@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED H DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 The contract specifications require the bidder to perform no less than fifty percent (50%) of the work with its own forces. LCG Landscape, submitted a bid that listed 50.8 percent of the work to be performed by subcontractors. The City Attorney has advised that the Board can find that this margin of non-compliance (0.8 %) is insubstantial and award the contract to LCG Landscape. To be considered insubstantial, a deviation must neither give the bidder an unfair competitive advantage nor otherwise defeat the goals of insuring economy and preventing corruption in the contracting process. Therefore, staff recommends that the Board find LCG's Landscape's compliance with the subcontracting requirement should not be waived, but that the deviation is insubstantial and did not create an unfair competitive advantage for LCG Landscape or disadvantage the other bidders. Therefore, staff recommends LCG Landscape be awarded the contract for the construction of Mitigation Landscape Improvements for Habitat Revegetation Maintenance and Monitoring Program, Lake Calavera Improvements, Project No. 3821. ENVIRONMENTAL IMPACT: The Planning Director has determined that the requested action is consistent with prior CEQA review. This habitat creation for Habitat Revegetation and Monitoring Program, Lake Calavera Improvements, Project No. 3821, is required by the Lake Calavera Streambed Alteration Agreement and Incidental Take Permit. FISCAL IMPACT: The construction bid from LCG Landscape is $191,797.36, for the Mitigation Landscape Improvements to ensure compliance with the mitigation requirements, contract no. 38211-A. A professional environmental service contract for environmental monitoring during revegetation phase is currently encumbered. The estimated project costs and expenditures for the Lake Calavera Remedial Improvements Project are shown below in Table 1. TABLE 1 - PROJECT COST SUMMARY LAKE CALAVERA REMEDIAL IMPROVEMENTS (PROJECT NO. 3821) DESIGN TEMPORARY PUMPING CONSTRUCTION ENVIRONMENTAL SUBTOTAL TO DATE LCG LANDSCAPING CONTRACT (no. 3821 1-A) HABITAT REVEGETATION CONTINGENCY INSPECTION AND TESTING SUBTOTAL LCG LANDSCAPE TOTAL ESTIMATED PROJECT COST TOTAL APPROPRIATION ADDITIONAL APPROPRIATION REQUIRED ESTIMATE COST AND APPROPRIATIONS $580,811 $86,251 $4,939,856 $360,301 $5,967,219 $191,797 $19,000 $19,000 $229,797 $6,197,016 $6,646,908 NONE Sufficient funds are currently available in the Water Replacement Fund to complete Project No. 3821. PageS EXHIBITS: 1. Location Map. 2. Resolution No. 1340 accepting bids and awarding the contract for the Construction of Mitigation Landscape Improvements for Lake Calavera Habitat Revegetation and Monitoring Program, Project No. 3821. LOCATION MAP CITYOFOCEANSIDE WETLAND ENHANCEMENT RIPARIAN SCRUBCREATION NOT TO SCALE COASTAL SAGE SCRUB RESTORATION WETLAND RESTORATION CITY OF OCEMWDC VICINITY MAP NOT TOMU£ PROJECT PROJECT NAME MITIGATION LANDSCAPE IMPROVEMENTS • I EXHIBIT LAKE CALA VERA DAM REMEDIAL IMPROVEMENTS PROJECT i cwvw. WWUBW cnunccranb ULTI. f/uo/uo m v^niAL wncutUKHl rKUwmN\JBZi MKc CMUKRA iMPTOVtJMt/V/S\PL>WS4£l(Hia((S\PL/WS\CAM(t«/* (MU.ONC 4 1 RESOLUTION NO. 1340 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), 3 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE CONSTRUCTION OF MITIGATION LANDSCAPE 4 IMPROVEMENTS FOR HABITAT REVEGETATION AND MONITORING PROGRAM, LAKE CALAVERA IMPROVEMENTS, 5 PROJECT NO. 3821. 6 WHEREAS, the Board has determined it necessary and in the public interest to construct 7 the Mitigation Landscape Improvements for Habitat Revegetation and Monitoring Program, 8 Lake Calavera Improvements, Project No. 3821; and 9 WHEREAS, on July 8, 2008, through the adoption of Resolution No. 1330, the Board approved the plans and specifications for furnishing of all labor, materials, tools, equipment, transportation, and other expenses necessary and incidental to the construction of the Mitigation Landscape Improvements for Habitat Revegetation and Monitoring Program, Lake Calavera 12 Improvements, Project No. 3821; and 13 WHEREAS, the conditions of the California Department of Fish and Game Streambed 14 Alteration Agreement No. 1600-2004-0101-R5 require the creation, restoration, maintenance and 15 monitoring for a minimum of 2.2 acres of wetland and non-wetland habitat on the Lake Calavera 16 Improvements, Project No. 3821; and 17 WHEREAS, the project has received the necessary environmental permits from the 18 California Regional Water Quality Control Board and the Department of the Army and an 19 agreement from the California Department of Fish and Game to construct the improvements; and 20 WHEREAS, nine (9) sealed bids were received on September 3, 2008 for the project; and 21 WHEREAS, the lowest responsive, responsible bid for the project was submitted by LCG 22 Landscape in the amount of $191,797.36; and 3 WHEREAS, The contract specifications require the bidder to perform no less than than 50 percent of the work with its own forces. LCG Landscape, submitted a bid that listed 50.8 percent 25 of the work to be performed by subcontractors. 26 /// 27 /// 28 1 WHEREAS, the Board may find the deviation from the subcontracting requirement is 2 insubstantial and did not create an unfair competitive advantage for LCG Landscape or 3 disadvantage the other bidders. 4 WHEREAS, there are sufficient appropriated funds in the Water Replacement Fund to 5 complete the project. 6 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board 7 of Directors of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct.8 2. That the bid amount of $191,797.36 submitted by LCG Landscape is hereby 9 accepted and the President is hereby authorized to execute a contract with LCG Landscape for 10 the construction of the Mitigation Landscape Improvements for Habitat Revegetation and 11 Monitoring Program, Lake Calavera Improvements, Project No. 3821, in accordance with plans, 12 specifications, and contract documents referred to herein. 13 3. That the contractor's deviation from the requirement that it do no less than fifty 14 percent (50%) of the work with its own forces is insubstantial and does not create an unfair 15 competitive advantage or disadvantage the other bidders. 16 4. That the Executive Manager is hereby authorized to approve construction change 17 orders up to $19,000 for Contract No. 38211-A. 5. That the award of contract is contingent upon the bidder submitting the lowest18 responsive bid executing the required contract and submitting the required bonds and insurancei y policies, as described in the contract, within twenty (20) days of adoption of this resolution. The 20 Executive Manager may grant reasonable extensions of time. 21 /« 22 /// 23 24 /// 25 /// 26 /// 27 /// 28 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 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 7th day of October, 2008, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: CORRAINE M. WOOD, Secretary(SEAL) .O,. •••