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HomeMy WebLinkAbout2017-10-24; City Council; Resolution 2017-202RESOLUTION 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 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)(S) 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 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 ofthe 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. That the above recitations are true and correct. 2. 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 of time. 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 / ,·1 . / ' ;7 /i' \ , . -, , · 11// ,Wi / \"~fvtYJc . ./~ /) .c I I Jt.-r--(_/:-c,-z_ BARBARA ENGLESON, City Clerk / (SEAL) :!_-•. :.