HomeMy WebLinkAbout2012-04-24; City Council; Resolution 2012-0941 RESOLUTION NO. 2012-094
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND
^ AWARDING THE DESIGN BUILD CONTRACT TO T.B.
4 PENICK & SONS, INC., FOR THE DESIGN AND
CONSTRUCTION OF ALGA NORTE COMMUNITY PARK
5 PHASE I. PROJECT NO. 3837A.
WHEREAS, on February 14, 2012, the City Council of the City of Carlsbad,
California, adopted Resolution No. 2012-028 approving selection criteria and
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g performance specification and authorizing Design Builder Request for Proposals for the
10 Design and Construction of the Alga Norte Community Park ("ANCP") Phase I, Project
11 No. 3837A ("Request for Proposals"); and,
12 WHEREAS, on February 15, 2012, the Request for Proposals were issued to the
13 five design builder firms placed on the list of prequalified firms eligible to receive the
Request for Proposals; and,
WHEREAS, in accordance with the Request for Proposals, the proposer design
builder firms were required to make a separate Technical Proposal and Price Proposal
as part ofthe requested response documents; and.
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^g WHEREAS, on March 15, 2012, Technical Proposals were received from the five
20 prequalified design build firms; and,
21 WHEREAS, the City selection team reviewed the five submitted Technical
22 Proposals and thereafter separately interviewed the five design builder firms to hear an
23 oral presentation of the respective teams Technical Proposal and to ask questions and
receive clarifications regarding the respecfive teams Technical Proposal; and,
WHEREAS, on April 4, 2012, Price Proposals were received from the five
prequalified design build teams; and,
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1 WHEREAS, the five Price Proposals were reviewed and scored in accordance
2 with the formulaic method approved by City Council; and,
WHEREAS, after review and scoring ali elements of the proposals in accordance
with the selection criteria approved by City Council, the selection committee determined
the firm of T.B. Penick & Sons, Inc. as being the apparent best value responsive and
responsible proposer to provide the requested design build services to construct the
ANCP Phase I Project; and.
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g WHEREAS, the Price Proposal required submittal of a Bid Summary Sheet from
10 each proposer; and,
11 WHEREAS, the Bid Summary Sheet was not filled out by T.B. Penick & Sons,
12 Inc. due to an ambiguity with Addendum 3 to the Request for Proposals; and,
WHEREAS, the Request for Proposals states that the City has the right to waive
nonmaterial irregularifies in a proposal; and,
WHEREAS, the Bid Summary Sheets did not factor into the scoring for the Price
Proposals for any of the design build firm proposals and, the lack of a Bid Summary
Sheet in the T.B. Penick & Sons, Inc. proposal did not confer any unfair advantage to
the scoring ofthe proposal forthe firm of T.B. Penick & Sons, Inc.; and,
20 WHEREAS, the selection committee recommends waiving the irregularity in the
21 T.B. Penick & Sons, Inc. proposal as nonmaterial; and,
22 WHEREAS, the Request for Proposal included a requirement that each proposer
23 submit a list of alternative project enhancements to be considered for inclusion in the
2^ design build contract for the ANCP Phase I project; and,
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1 WHEREAS, staff has reviewed the list of potential alternative project
2 enhancements and identified numerous alternatives that will enhance project
sustainability or othen/vise improve upon the design of the ANCP Phase I project; and,
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WHEREAS, staff is recommending that Council approve the design build contract
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with T.B. Penick & Sons, Inc. to include the recommended alternative project
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enhancements in the amount of $26,008,343; and,
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WHEREAS, there are sufficient funds available to complete the project; and,
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g WHEREAS, subsection 3.28.040(C)(5) of the Carisbad Municipal Code
10 authorizes the City Manager to approve change orders in the amount equal to the
11 confingency set at the time of project award
12 NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of
1^ Carisbad. California, as follows that:
1. The above recitations are true and correct.
2. The irregularity with the T.B. Penick & Sons, Inc. Bid Proposal, as
described above in the recitals is waived as being nonmaterial to the
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Proposal
19 3. That the Proposal made in response to the City's Request for Proposals
20 submitted by T.B. Penick & Sons, Inc. is hereby accepted.
4. The Mayor is hereby authorized to execute a contract with T.B. Penick &
Sons, Inc. for the design and construction of the ANCP Phase I, Project
No. 3837A in the amount of $26,008,343.
5. The City Manager is hereby authorized to approve construcfion change
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2^ orders up to $791,657 for Project No. 3837A
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6. The award of contract is confingent upon T.B. Penick & Sons, Inc.
executing the required coritract and submitting the required bonds and
insurance policies, as described in the contract, within twenty (20) days of
adoption of this resolution. The City Manager may grant reasonable
extensions of fime.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 24**^ day of April, 2012, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn and Packard.
NOES: None.
ABSENT: Council Member Douglas.
11 MATT HALL, Mayor
12 ATTEST:
LOf^RAINE M. WOOD, City Clerk
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