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Home My WebLink About2023-02-07; City Council; ; Acceptance of Bids, Award of Contract to Dick Miller, Inc. and Waiving Minor Irregularities in Dick Miller, Inc.’s Bid for the 2021 Sidewalk Construction ProjectCA Review GH Meeting Date: Feb. 7, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Kevin Moghadasi, Associate Engineer kevin.moghadasi@carlsbadca.gov, 442-339-2174 Hossein Ajideh, Engineering Manager hossein.ajideh@carlsbadca.gov, 442-339-2756 Subject: District: Acceptance of Bids, Award of Contract to Dick Miller, Inc. and Waiving Minor Irregularities in Dick Miller, Inc.’s Bid for the 2021 Sidewalk Construction Project 1 Recommended Action Adopt a resolution accepting bids and awarding a contract to Dick Miller, Inc. for the 2021 Sidewalk Construction Project as part of the Sidewalk/Street Construction Program, Capital Improvement Program Project No. 6002-21, in an amount not to exceed $448,879 and waiving minor irregularities in Dick Miller, Inc.’s bid in accordance with Carlsbad Municipal Code Section 3.28.080(I)(3). Executive Summary This project will build new sidewalks at the following three locations: 1. The east side of Garfield Street, between Tamarack Avenue and Redwood Avenue 2. The west side of Tamarack Avenue, from approximately 700 feet south of Kirkwall Avenue to 550 feet north of Edinburgh Drive 3.The east side of Monroe Street, between Marron Road and the driveway entrance to The Shoppes at Carlsbad The project – the 2021 Sidewalk Construction Project as part of the Sidewalk/Street Construction Program, Capital Improvement Program Project No. 6002-21 – addresses sidewalk gaps in an area identified in the city’s Sustainable Mobility Plan, provides better and safer pedestrian mobility and brings sidewalks in the project area up to current city design standards. Staff have determined Dick Miller, Inc. is the lowest responsive and responsible bidder with a bid in an amount of $448,879, as detailed below. Carlsbad Municipal Code Sections 3.28.080I and 3.28.080(I)(6), which cover purchasing for construction contracts, require the City Council’s approval for all formally bid contracts when the value exceeds $200,000, making the project subject to this requirement. Feb. 7, 2023 Item #5 Page 1 of 7 Explanation & Analysis The City Council approved the project’s plans and specifications and authorized advertising for construction bids on Nov. 15, 2022 (Resolution No. 2022-261). The project was then advertised using the city’s formal bidding procedures. Staff received six bids for construction of the project on Jan. 17, 2023. Staff completed review of the bid documents and found three minor waivable irregularities in Dick Miller, Inc.’s bid: 1. The company did not submit the signature page of the two-page Disclosure of Discipline Record Form, though it did submit the questionnaire portion of the form 2. The contractor license number entered for one of the subcontractors was actually the license number for the prime contractor, Dick Miller, Inc. 3. The Department of Industrial Relations registration number listed for a different subcontractor was expired However, staff confirmed that the subcontractor does have a valid Department of Industrial Relations registration number. Because Dick Miller, Inc. and all of the listed subcontractors are all properly licensed and registered with the Department of Industrial Relations, the minor irregularities in the contractor’s bid did not confer a material advantage to Dick Miller, Inc. and are waivable in accordance with to Carlsbad Municipal Code Section 3.28.080(I)(3). Dick Miller, Inc. was deemed responsive because its bid met the requirements of the bidding documents and deemed responsible because it submitted a list of similar projects to show its capability and qualifications to perform the specified work. The construction contract contains general performance standards and references technical specifications, which if not met, allow the city to withhold payment. The contract also includes a one-year warranty period that begins when the notice of completion is issued. Staff recommend accepting the bids and awarding the construction contract to Dick Miller, Inc. for the project for an amount not to exceed $448,879, and waiving minor irregularities in Dick Miller, Inc.’s bid. Feb. 7, 2023 Item #5 Page 2 of 7 Fiscal Analysis Sufficient funding for this project has been appropriated from the traffic impact fees paid by developers. SUMMARY OF ESTIMATED COSTS AND AVAILABLE FUNDS Sidewalk/Street Construction Program Capital Improvement Program Project No. 6002 Total appropriation to date $3,800,000 Total expenditures and encumbrances to date $775,025 Total available funding $3,024,975 2021 Sidewalk Construction Project Capital Improvement Program Project No. 6002-21 Construction contract – Dick Miller, Inc. $448,879 Construction contingency (estimated) $90,000 Construction management, inspection, testing and outreach (estimated) $135,000 Total estimated construction costs $673,879 Remaining balance $2,351,096 Additional appropriation requested $0 Carlsbad Municipal Code (CMC) Sections 3.28.040(c)(5) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which for this project is $90,000. Options Staff provide the following options for the City Council’s consideration: 1.Accept bids, award a contract to Dick Miller, Inc. and waive minor irregularities in Dick Miller, Inc.’s bid for construction of the project in an amount not to exceed $448,879 Pros •Fills gaps in sidewalks, allows for better and safer pedestrian mobility and brings sidewalks in the project area in compliance with city design standards •Dick Miller, Inc. has been determined to be the lowest responsive and responsible bidder •Award of the contract complies with applicable all CMC sections, including Sections 3.28.080(C) and 3.28.080(I)(6) •Construction can start upon award of the contract and issuance of the notice to proceed •Sufficient funding is available for the contract Cons •None identified Feb. 7, 2023 Item #5 Page 3 of 7 2.Do not accept the bids and do not award the contract to Dick Miller, Inc. Pros • None identified Cons •Delays start of construction •Sidewalk gaps will continue to hinder pedestrian mobility •Delays implementation of sidewalk construction improvements •Potential increase in construction costs due to delay in award Staff recommend Option 1 for the City Council’s approval. Next Steps Once the City Council accepts bids and awards the construction contract to Dick Miller, Inc., staff will issue a purchase order, schedule a pre-construction meeting with the company and issue a notice to proceed for construction of the project, which is expected to commence in spring 2023. The duration of the construction contract is 90 working days, not including rainy days and delays from change orders that may extend the contract duration. Upon successful completion of the project, which is expected to be in fall 2023, a notice of completion will be recorded to release bonds issued for the project. Environmental Evaluation The City Planner has determined this project is exempt from the California Environmental Quality Act under Guidelines Section 15301(c), which applies to the minor alternation of existing facilities including streets, sidewalks, gutters and similar facilities involving negligible or no expansion. Exhibits 1.City Council resolution 2.Location map Feb. 7, 2023 Item #5 Page 4 of 7 RESOLUTION NO. 2023-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS, AWARDING A CONTRACT TO DICK MILLER, INC. AND WAIVING MINOR IRREGULARITIES IN DICK MILLER, INC'S BID FOR THE 2021 SIDEWALK CONSTRUCTION PROJECT WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct the 2021 Sidewalk Construction Project as part of the Sidewalk/Street Construction Program, Capital Improvement Program, or CIP, Project No. 6002-21, or Project; and WHEREAS, on Nov. 15, 2022, the City Council adopted Resolution No. 2022-261, approving the plans and specifications and authorizing advertisement of the Project for construction bids; and WHEREAS, on Jan. 17, 2023, staff received six bids for construction of the Project; and WHEREAS, Dick Miller, Inc. submitted the lowest responsive and responsible bid to construct the Project, in an amount of $448,879; and WHEREAS, staff recommend that pursuant to Carlsbad Municipal Code Section 3.28.080(1)(3), the City Council waive the minor irregularities in the bid from Dick Miller, Inc.; and WHEREAS, sufficient funding from the Traffic Impact Fees is available to complete the Project; and WHEREAS, Carlsbad Municipal Code Sections 3.28.080(C) and 3.28080(1)(6) require the City Council award all formally bid contracts when the value exceeds $200,000; therefore, the Project is subject to this requirement; and WHEREAS, Carlsbad Municipal Code Sections 3.28.040(C}(S) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which is $90,000 for the Project; and WHEREAS, the City Planner has determined that the Project is exempt from the California Environmental Quality Act, or CEQA, under CEQA Guidelines Section 15301(c) -minor alteration of existing facilities including streets, sidewalks, gutters, and similar facilities involving negligible or no expansion. Exhibit 1 Feb. 7, 2023 Item #5 Page 5 of 7 =--------------------------------------- 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 irregularities in the bid submitted by Dick Miller, Inc. are minor and hereby waived under Carlsbad Municipal Code Section 3.28.080(1)(3). 3.That the low bid of $448,789 submitted by Dick Miller, Inc. for construction of the 2021 Sidewalk Construction Project is accepted, and the Mayor is hereby authorized to execute the contract for the Project. 4.That the City Manager or designee is hereby authorized to approve construction change orders up to $90,000 for this Project. 5.That the award of this contract is contingent upon Dick Miller, Inc. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days after adoption of this Resolution. The City Manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of February, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. None. KEITH BLACKBURN, Mayor LsHERRY FREISINGER, City Clerk (J (SEAL) Feb. 7, 2023 Item #5 Page 6 of 7 MARRON ROAD AND MONROE STREET GARFIELD STREET TAMARACK AVENUE GA R F I E L D S T CANNONRDMARRON R D CARLSBADVILLAGED R ELCAMI NOREALTAMARACKAVC A R L S B A D B L MONROE STCARCOUNTRYDRPASEODELN O R T E ARMADADRA V E NID A EN CINAS OCEANSIDE PACIFICOCEAN BUENAVISTALAGOON AGUAHEDIONDALAGOON LOCATION MAP PROJECT NAME PROJECT NUMBER 6002-21 EXHIBIT22021 SIDEWALK CONSTRUCTION PROJECT $!Å Created By: Sara Jadhav 10/20/2022 S:\Sara_Jadhav\Projects\LocationMap\CIP6002\ChangeRequest\LocationMap_CIP_6002.mxd Exhibit 2 Feb. 7, 2023 Item #5 Page 7 of 7