CITY OF CARMEL-BY-THE-SEA Council Report April1, 2014

To: From: Submitted by: Subject:

Honorable Mayor and Members of the City Council Jason Stilwell, City Administrator Sharon Friedrichsen, Public Services Director Consideration of a resolution awarding a Construction Contract to Tombleson, Inc., the Lowest Responsible Bidder, for the Beach Restrooms Project for a Not to Exceed Amount of $619,654; Approving a Not to Exceed Amount of $92,948 for Project Contingency, and Approve a Budget Adjustment Request

Recommendation(s): Adopt the resolution awarding a construction contract to Tombleson, Inc.

the lowest responsible bidder, for the Carmel Beach Restrooms Project for a not to exceed amount of $619,654; approving a not to exceed amount of $92,948 for project contingency, and conceptually approve a budget adjustment request to transfer $550,000 from Capital Reserves to the Restroom cap ital project.
Executive Summary: On March 26, 2014, two bids were submitted to the City for the Beach

Restrooms Project: (1) Tombleson, Inc. for $619,654 and (2) Pueblo Construction Inc. for $848,132. This project consist s of t he construction of a permanent restroom facility at Scenic and Santa Lucia Avenues. Per Municipal Code 3.12.420, public works contracts for more than $25,000 shall be let by formal written contract approved by resolution of City Council. Therefore, this item is on the agenda for Council to award the contract and authorize the City Administrator to execute the contract documents. In addition, the action before Council today includes transferring fu nding from Capital Reserves to the project for con struction and other related costs.
Analysis/Discussion: The recommended action includes transferring funding from Capital

Reserves.

If Council approves this recommendation, a budget adjust

request is required to have appropriation sufficient to award the contract. Other alternatives for Council's consideration include: (1) to reject the bids; (2) approve the contract and provide direction to staff to work with the architect and contractor to find cost savings within the
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proposed budget or (3) find alternative funding sources for the restroom. If Council rejects the bid, the project could be reissued and the formal bid process start again. However, this would entail redesigning the project and the scope before issuing the new bid documents and plan specifications. grants.
Fiscal Impact:

Alternatively, Council may award the project and find

other sources of funding for the project, such as donations or additional

Council allocated $125,000 of General Fund as part of the fiscal year 2013-14 budget and the City has been awarded a $150,000 grant from the Coastal Conservancy. The City has spent $41,433 during the current fiscal year on the project for architectural services, geotechnical and archeological studies and permit fees. In addition to the cost of construction ($712,602), there will be additional costs associated with the project including construction management services, lab inspection fees, labor compliance se rvices and landscaping. These costs are estimated at $135,000.

Budgeted (yes/no): yes CIP Project: FPB-1213-06 Account 13-89430

Funding Source (general fund, grant, state)

Previous Council Action/Decision History:

Planning Commission approved the restroom design on November 15, 2102. Council approved a contract with the architect on February 5, 2103 and allocated $125,000 for the project as part of the FY 13-14 budget in June 2013.

Reviewed by:

City Administrator
Asst. City Admin . Public Safety Dir

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City Attorney Dir of CPB Library Dir

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Administrative Services Dir of Public Svcs Other-City Engineer

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 2014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AWARDING THE CARMEL BEACH PROJECT CONSTRUCTION CONTRACT TO TOMBLESON, INC. IN AN AMOUNT NOT TO EXCEED $619,654; APPROVING UP TO $92,948 FOR PROJECT CONTINGENCY AND APPROVING A BUDGET ADJUSTMENT REQUEST OF $550,000

WHEREAS, the City of Carmel-by-the-Sea adopted the Shoreline Management Plan, which contains a management policy to provide adequate facilities that will serve the needs of the public, including providing restroom facilities consistent with the volume of people who use the beach and Beach Bluff Pathway; and WHEREAS, the California Coastal Commission certified the City' s Local Coastal Program, including the Shoreline Management Plan, in 2004; and WHEREAS, the City is interested in pursuing the construction of the Carmel Beach restroom located at the intersection of Santa Lucia and Scenic Avenues; and
WHEREAS, the Carmel Beach Restrooms project was advertised in the Monterey County Herald on March 5 and March 10, 2014; and WHEREAS , two bids for the project were received on March 26, 2014 and the City has determined that the lowest responsible bidder was Tombleson, Inc. and WHEREAS, the project has been determined to be categorically exempt under CEQA. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES: 1. Award a contract for the Carmel Beach Restrooms Project to Tombleson, Inc. in the estimated amount of $619,654, subject to the provisions of the documents and certifications set forth in the plans and specifications applicable to the project and as required by California law. 2. Authorize the City Administrator to execute the construction contract upon the return of the contractor's executed contract documents and the review and approval of the City Attorney and the City's Administrative Services Director. 3. Approve a contingency in the not to exceed amount of $92,948, or 15%, and authorize the City Administrator to approve change orders in an amount not to exceed $92,948. 4. Authorize funding of up to $550,000 from Capital Improvement Account 1389585 to the Scenic restroom account 13-89430.

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PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF CARMEL-BY-THE SEA this 1st day of April2014, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

SIGNED,

ATTEST:

Jason Burnett, MAYOR

Daryl A. Betancur, CMC Deputy City Clerk

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