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Home My WebLink About1990-05-22; City Council; 10633; AWARD CONSTRUCTION OF IMPROVEMENTS TO HOLIDAY PARK, PHASE II, PROJECT NO. 3314w 2 u g Ll 4-1 0 0 0 0 4 fff - a a (d 0 u a a, a $ s :8 m. (du c -la 03 I .rl mw a, ou z21 c .I' ow -d 0 uu 3 AM 00 mw a, d. mu u aJu cr4 a Oh au (dc a, *r( d dm u *d du UU gg 0 o\ \ hl \ c\I ul z .. 2 a 5 =! 0 z 3 0 0 - G' W UP GAHLSBAD - AGENCI)BILL T AB#- DEPT. I TITLE: AWARD CONSTRUCTION OF IMPROVEMENTS MTG.~~ TO HOLIDAY PARK, PHASE 11, PROJECT NO. 3314 CITY A CITY M DEPT, ENG: MP RECOMMENDED ACTION: Adopt Resolution No. '?~-/~& accepting bids and awarding a contra Project No. 3314. for the construction of improvements to Holiday Park, Phase I ITEM EXPLANATION: On February 20, 1990, the City Council adopted Resolution No. 9 35 rejecting bids and authorizing the readvertisement of bids f the construction of improvements to Holiday Park, Phase 11, Proje No. 3314. The project was readvertised to allow for exclusion work items in accordance with available project funding. association with the Parks and Recreation Department, staff h deleted the following items from construction at this time: Tot-lot apparatus set Four (4) park benches Two (2) park benches on concrete pads Three (3) hot coal bins Four (4) drinking fountains on concrete pads Installation of 3/4" waterline Twenty-five (25) single trash can enclosures Improvements to be installed include security lighting through0 the park, trash receptacles, sinks and cabinets, a large picn structure, and related site improvements. On April 23, 1990, ten (10) sealed bids were received as follow M. Juarez Construction Atkins & Atkins H.E. Redman Clyde Enterprises P & P Enterprises Fritz Nashat Dave Ottoson Company Angus Asphalt ABC Construction Wing Construction $57,500.86 57,791.07 58,927.00 60,712.00 65,216.20 66,551.10 67,712.50 75,548.31 84,400.00 98,087.00 In accordance with the attached letter dated April 27, 1990 fr the Purchasing Officer, the three (3) lowest bidders we considered nonresponsive for failure to provide contractor license expiration dates and statements that contractor's licen information representations are made under penalty of perjur This information is a requirement of the State of Californ Business and Professions Code, Section 7028.15 and effective January 1, 1990. Any bid not containing this information must considered nonresponsive by a public agency. The Purchasi Officer's letter of April 27, 1990 was forwarded to all bidder 0 0 Page 2 of Agenda Bill No. /d! 6 ‘:; 3 including the three (3) lowest bidders, which failed to comply wi Section 7028.15. Accordinyly, staff recommends the award of this project to t lowest responsive, responsible bidder, Clyde Enterprise Incorporated, in the amount of $60,712.00. Work is tentatively scheduled to begin in June and requi approximately four (4) months to complete. FISCAL IMPACT: In the 1988-89 Capital Improvement Budget, the City Counc appropriated $100,045 for the Phase I1 improvements to Holic Park. Funds are available in Project Account No. 330-820-18; 3314. A summary of the estimated project costs is as follows: Design Previous Flagpole Installation Construction Contingency (15%) Materials Testing Inspection and Project Administration Construction $ 9,982.C 5,000.C 9,100.c 2,500.C $ 12,751.C 60,712 - C TOTAL ESTIMATED COSTS: $100,045.C Funding is adequate for anticipated costs. EXHIBITS : 1. Location map. 2. Resolution No. ‘>l--lq’k accepting bids and awarding a contrz for construction of improvements to Holiday Park, Phase 1 Project No. 3314. 3. Letter dated April 27, 1990 from the Purchasing Officer bidders. LOCATION MAP I w z w > .3 a / PLACE LEGEND 0 NEW LIGHTING 0 , . ., NEW PICNIC STRUCTURE PROJECT NAME E PROJECT # HOLIDAY PARK IMPROVEMENTS PHASE II 3314 I/ 0 0 II 1 2 3 4 5 RESOLUTION NO. 90-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS TO HOLIDAY PARK, PHASE I1 WHEREAS, the City Council of the City of Carlsba 6 construction of improvements to Holiday Park, Phase 11, Projec 7 previously authorized the advertisement of bids for 3314; and 8 9 WHEREAS, ten (10) sealed bids were received on No1 10 16, 1989, for said project; and 11 WHEREAS, the three (3) lowest bidders may nc 12 WHEREAS, the lowest responsive bid received fo 13 considered responsive in accordance with State Code 7028.15; in the amount of $9,800.00 for a total bid of $70,512.00; a1 17 additive alternative bid item number 7A, tot-lot play appa~ 16 in the amount of $60,712.00 for the base bid and $9,800.0 15 construction of said project was submitted by Clyde Enterpl 14 WHEREAS, partial project funding is available in Ac 19 No. 330-820-1821-3314; and I.8 I 20 WHEREAS, the City Council hereby declares it neces 21 NOW, THEREFORE, BE IT RESOLVED as follows: 23 aforementioned project. 22 desirable, and in the public interest to construct 24 /// 25 1. That the above recitations are true and corm /// 27 /// 26 28 /// c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That the base bid in the amount of $60,; submitted by Clyde Enterprises for Project No. 3314, is 1 accepted and the Mayor and City Clerk are hereby authorizE directed to execute a contract thereafter. 3. That additive alternative bid item number 7A, lot play apparatus, in the amount of $9,800.00 is also awarc the City of Carlsbad to be constructed by Clyde Enterpris6 said project. Therefore, the total amount of the award for PI 3314 to Clyde Enterprises for said project is $70,512.00. 4. That the City Council of the City of Carlsbac hereby appropriate $10,000 from the unapprapriated fund balal the General Fund to the Project Account No. 300-820-1821-3: supplemental funding for said project. PASSED, APPROVED AND ADOPTED at a regular meeting ( Carlsbad City Council held on the 22nd day of May by the following vote, to wit: I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABgENT I None . LEWIS, Mayor ATTEST: &THA& &UTE&RANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) April 27, 1990 P & P Enterprfses 9801 Flinn Springs El Cajon, CA 92021 HOLIDAY PARK, PHASE I1 IMPROVEMENTS - PROJECT NO. 3314 Dear Bidder: Thank you for your bid submitted for the City of Carlsbad’s Holiday Park, Phi I1 Irnprnvements, Project No. 3314. Unfortunately, your bld did not include 1 requlred contractor ljcense expiration date or certification statement that 1 contractor 1 Icense representattons were made under penalty of perjury, This a recent requirement of the State of Callfornia Business and Professlons Cor Sectlon 7028.15 regarddng contractor’s lfcensing, This section of the State Code prohibits the lfcensed contractor from subrnltt? a bid to a public agency without the required informatton and prohibfts a pub’ agency from acceptlng the bid. The public agency is required to reject the 1 as non-responsive. Unfortunately, the Cfty must consider your bld as nl responsive In accordance with the State Code requirements. thank you for your interest In this project and we hope you Hi71 contfnoe follow Carlsbad construction project bids in the future, -3&F& RUTH ‘FLETCHER Purchasing Officer RF: af C: Municipal Projects Manager Ron Ball, Assistant CI ty Attorney Dan C1 ark, Project Manager 1206 Carlsbad Village Drive . Cerlsbad, California 92008-1989 (61 9) 434-2E , 0 0 Clvde Entermises GENERAL ENGINEERING AND BUlLDJNG CONTRACTORS CA UC. NO. 547046 d A P.O. BOX 1187 DEL MAR, WIFORNI. (619) 259-1616 FAX (6 25 April 1990 Vincent F. Biondo, Jr. City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 City of Carlsbad // i Lee Rautenkranz City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Ruth Fletcher Purchasing Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Daniel R. Clark, P.E. Associate Civil Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 CRkTIFIED fP 173 100 648 BEltlEwBgcEIPTREQ- CEBTIFIED fP 173 100 649 L- ItEmL.??T BEQBBSTED CERTIFIED #P 173 100 650 BETUBN BECEIE'T BEQUESTED CEBTIPIED #P 173 100 651 BETWN BECEIP" BEQUESTED RE : SPECIFICATION 83314 IMPROVEMENT OF HOLIDAY PARK, PHASE 11 ~ITY OF CARLSBAD . BID DATE: 4/23/90 BID TIME: 4:OO pm SUBJ: FORMAL BID PROTEST r,eI.ltlaen: We hereby formally protest the award of the above referenced bid to any gene contractor, other than ourselves, Clyde Enterprises, based on but not limited the following grounds: 1) Business & Professions Code Amendment 7028.15 (e). "A licen contractor shall not submit a bid to a public agency unless his or contractor's license number appears clearly on the bid, the lice expiration date is stated, and the bid contains a statement that representations made therein are made under penalty of perjury. Any not containing this information, or bid containing information which subsequently proven false, shall be considered nonresponsive and sk be rejected by the public agency." . e 0 Vincent F. Biondo, Jr., City Attorney Lee Rautenkranz, City Clerk Ruth Fletcher, Purchasing Department Daniel R. Clark, P.E., Associate Civil Engineer City of Carlsbad 25 April 1990 Page Two Out of the ten (10) bids submitted on the above referenced project, only two ( general contractors had the above information included on their bid; Cly Enterprises and Angus Asphalt. When taking the base bid alone , or with a combination of the additive alternates, Clyde Enterprises remains the 1 responsive bidder. After reviewing the other bids, we find that there are severai nonresponsi items contained in the other general contractor's bids as follows: 1. The Specifications clearly state that a "Class A, or Class C-10 Licea are the only acceptable classifications for this contract". Two of t participating General Contractors have a "B" Classification only. Tk are: Atkins & Atkins and Wing Construction. 2. The Bid Documents require; a. The handwritten Unit PricejLump Sum price be written in words. the bid submitted by Wing Construction, these written words hs been omitted. b. The listing of Subcontractors, complete address with zip code, phc numbers, type of contracting license and number, Carlsbad busin6 license no. and amount of bid ($ or X). Only Clyde Enterprises, E :." P Enterprises and Fritz Nachant complied with this requirement. c. Jurats: Hanual Juarez, H. E. Redman and Fritz Nachant were missj Jurats and did not comply with requirements. A further review "Corporate Acknowledgments" for compliance should be made, as m Corporations had "personal" Jurats. Also review Corporate Seals. d. Financial Condition: Atkins & Atkins, P & P Enterprises, Frl Nachant and ABC did not submit anything. e. Changes/corrections: Atkin's proposal has a change/carrection Page 5, Item f7 with no initial by a person authorized to sign j the Contractor. ! 0 0 Vincent F. Biondo, Jr., City Attorney Lee Rautenkranz , City Clerk Daniel R. Clark, P.E., Associate Civil Engineer 25 April 1990 Page Three Ruth Fletcher, Purchasing Department 3. Dave Otteson & Co: It was discussed at the bid opening that th company would be considered nonresponsive. To recap his bid packag Pages 4 and 5 of bid documents are missing. No "original" bid bond Jurat with original signature submitted. No Jurat from Otteson for b bond. No Jurat on Page 11/12. No statement of financial conditio signature or Jurat on Page 13. No Jurat on Page 14. No Jurat on Pa 15. It is very evident that giving the other General Contractors the opportunity omitting standard requirements clearly gives them the edge at bid time as allows them more time to prepare/write/submit their bids. While we understa with bid requirements and therefore remain competitive, without obtaining an ed over their peers. We sincerely appreciate your review of the aforementioned documentation/analys of the proposals and trust you will find, as we did, that Clyde Enterprises a Angus Asphalt are the only two bidders that can be considered for award. Review analysis Pages 1, 2 and 3 attached for your convenience. Your earliest response will be appreciated. Sincerely, that minor allowances should be made in some circumstances, bidders should comp ,..^----"- ENTERPRISES / '+.. b&K 7 r q"& Beverly A. C'ly ._ /L. ,/ Enclosuljes .- .,' cc: Albert F. Quintrall, Attorney 530 "B" Street, Suite 2222 San Diego, CA 92101-4406 Master Correspondence 0 0 Clyde Enterprises - GENERAL ENGINEERING AND BUILDING CONTRACTORS CA UC. NO. 547046 - P.O. BOX 1187 DEL MAR, CALIFORNIA 1 (619) 259-1616 FAX (635 819-90 HOLIDAY PARK IMPROVEMENTS, PHASE I1 CITY OF CARLSBAD BID DATE 4/23/90 4:OO pm Review Analysis MANUAL JUAREZ Lic #331420 Class A, B, C-8 Individual Ownership No expiration date or penalty/perjury clause Bid Bond 10% Amwes t , Jurat Pg 9 Jurat. Pg 11 Subcontractors, address, phone Pg 13 6/30/89 financials, only a "copy of accountants Jurat", no Jurat on Pg 14 Two letters of recommendation, Personal Jurat on Juarez. Pg 15 No Jurat. Pg 12 Nothing but signature, no license numbers or % or $ of contract. Juarez . ATKINS & ATKINS Lic #498583 Class "B" ONLY - good standing Corporation No expiration date or penalty/perjury clause Bid Bond 10% Planet Ins. Co. Corporate Acknowledgment, all on one, Pg 9, 11 & 12, 13, 14, 15. by L. Bri Atkins, President. Pg 5, 87 Unit Price scratched out - no initial. Pg 11 Subcontractors, cities only, no phones. Pg 12 Nothing, just signature, no license numbers or % or $ of contract. Pg 13 Nothing, just says, "can be supplied if low bidder". (I unfortpnately didn't put anything down for pgs 14 & 15.) "1 B. E. REDMAN Lic !I575039 Class A Corporation No expiration date or penalty/perjury clause. Pg 9 No Jurat. Corporate seal embossed. Named Howard Redman, Sandra Redman, indication of Officers. Cashiers check in tne amount of $9,117.70. (no jurat). Pg 10. Pg 11, subcontractors, address, phone, some licenses and %. Pg 12, no Jurat. Pg 13, no Jurat. Enclosed tax returns of corporate income tax return i personal financial statement '89. Pg 14, no Jurat - 3 references. Pg 15, Corporate Jurate attached. Page -1- I 0 0 HOLIDAY PARK REVIEW ANALYSIS P & P ENTERPRISES Lic P450213 Class A Corporation No expiration date or penalty/perjury clause. Pg 9 Personal Jurat, signed by Paula Sasksa. Paula Sasksa is stated as being t President, Secretary and Treasurer. Bid Bond 10% ICW. (Jurat's ? I believe there was one for the bonding company) Pg 11/12 Subcontractors (2) Personal Jurat. Pg 13 Personal Jurat, says bid bond attached, bonding capacity $1,000,000. Pg 14 Personal Jurat. Pg 15 no Jurat. FRITZ NACKANT Lic 8153393 Class A & B Corporation No expiration date or penalty/perjury clause. Pg 9 no corporate seal embossed, signed by J. Paul Nachant, Personal Jurat. Paul Nachant is President and Horace W. Crawford, Vice President, secy/treasurer designation. Pg 10, Bid Bond 10% Pacific States Casualty. Nachant does not have Jurat bond. Corporate seal embossed. Pg 7 Addenda's not noted, left blank. Pg 11/12 subcontractors, addresses, phone, licenses & %'s. Personal Jura Pg 13 No Jurat, corporate seal embossed. No Financial Statement, just said was available upon request. Pg 14 No Jurat (4 projects) Pg 15 No Jurat. corporate seal. embossed. :. ANGUS ASPHALT Lie f523300 Class A Corporation Has expiration date and Penalty/Perjury Clause Pg 9 Jerry Billings President, Treasurer and Thomas Angus, VP & Secretary. An$ signed, Personal Jurat. Bid Bond. Personal Jurat from Angus. Pg 11 subcontractors and phones. Pg 12 Nothing but signature, no license # or X. Personal Jurat. Pg 13 "DRAFT" of Balance Sheets 1988 and 1989. Personal Jurat. Pg 14 To technical ability listed. Personal Jurat. Pg 15 Personal Jurat. Page -2- * * e a HOLIDAY PARK WIEU ANALYSIS ABC Lic #254763 Class A, B, C-12 Corporation Expiration date 4/30/92. No Penalty/Perjury Clause. Pg 9 Wayne Czubernat, President, nary Czubernat, Secretary, Ken Cauberna Treasurer/Manager. Corporate Jurat by Wayne Czubernat. Bid Bond 10% Seaboard Corporate Jurat. Pg 7 nothing in addendum space. Pg 11 Subcontractors, no address or phone. Pg 12 nothing, no license or 2 or $. Only signature and Jurat. Pg 13 Nothing "will subniit upon request if awarded project" Signature ti Jurat. Pg 14 7 references, Jurat. Pg 15 No signature - no Jurat. WING CONSTRUCTION Lic #398685 Class "€3" ONLY good standing Corporation No expiration or penaltylperjury clause. Pg 9 Shiela Wing, Secretary/Treasurer, Ira Wing, President, Mathew Wood VP Personal Jurat by Ira Wing. Bid Bond 10% American Bonding Company *Unit price/Lump Sum price NOT writen in words. Pg 11 subcontractors addresses, phone licenses Pg 12 No % or $ amount. Didn't get pgs 13, 14 or 15 DAVE OTTESON & CO. Lic 11551440-A Class A Individual . No expiration or penalty/perjury clause. Pg 9 no Jurat. No original bond or jurat from bonding company they Faxed it. 10% AmericanBondj Co, from Commercial Surety. No Jurat front Otteson either. Pages 4 and 5 missing. Pg 7 "all" addenda noted. Pg 11/12 no subcontractors listed, no Jurat. Pg 14, signature only, 3 job, no Jurat. Pg 15, signature only, no Jurat. (Determined at bid opening that this bidder should be considered nonresponsive, Pg 13 no statement of financial condition, no signature, no jurat( Page -3- e a 1 - May 2, 1990 Clyde Enterprises P.O. Box 1187 Del Mar, CA 92014-1187 Attn: Beverly Clyde RE: Hol iday Park, Phase I1 Bids Dear Ms. Clyde: This wi 11 acknowledge receipt of your 1 etter of April 25, 1990 regarding thc formal bids for Holiday Park, Phase I1 that were opened April 23, 1990 at 4:01 p.m. Please be assured the City of Carl sbad has taken into account the points raise in your letter and gave substantial consideration to your position in evaluatin the bids. The recommendation for the award of this project will be to th lowest, responsible bidder, Clyde Enterprises, Incorporated, in the amount o $60,712. We will notify you of the date when this item will be heard by the Cit Counci 1 . If you have any further questions, please call me at the number listed below. Very truly yours, “/ Wfk”,Qd GyL‘1. c/ ’- * RUTH FLJETCHER Purchasing Officer RF: af c: City Attorney City Clerk Daniel R. Clark, Project Manager 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-280