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HomeMy WebLinkAbout1997-12-17; City Council; 14495; Contract For City Library Project. I n g 0 . E 2 . . g 2 d f 8 CITY OF CARLSBAD - A&DA BILL 63 Lf5 AB# ‘2, @4 TITLE: DEPT. HD. MTG. I%- 1 q-93 AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE CARLSBAD CITY All-Y. CITY LIBRARY PROJECT DEPT. CD ClTYMGRa RECOMMENDED ACTION: ADOPT Resolution No. “r? - 126 ACCEPTING bids and AWARDING a contract for the construction of the Carlsbad City Library Project. ITEM EXPLANATION: On October 28, 1997, the City Council rejected bids previously received on September 4, 1997 and authorized the advertisement of new bids for the construction of the Carlsbad City Library Project. On December 3, 1997, the City received nine (9) sealed bids for this project which were subsequently opened as follows: Taylor Ball of California, Incorporated, La Mesa Tony War&et Construction, Encinitas Swinerton & Walbert Company, San Diego Soltek Pacific, Incorporated, San Diego Douglas E. Barnhart, Incorporated, San Diego FTR International, Incorporated, b-vine KVAAS Construction, Incorporated, San Diego Lewis Jorge, Incorporated, Orange RIHA Construction Company, La Mesa $ 9,183,800 $ 9,200,OOO $ 9,250,OOO $ 9,263,OOO $ 9,394,493 $ 9,540,ooo $ 9,648,115 $ 9,969,OOO $10,128,000 CITY’S FINAL DESIGN ESTIMATE: $10,600,000 PREVIOUS BID (Low bid received on September 4,1997) $ 9,240,OOO City staff has reviewed in detail the bid materials submitted by the apparent low bidder Taylor Ball of California, Incorporated and finds no errors or irregularities in the bid documents. Staff has completed the customary verification of references as well for the apparent low bidder. It is recommended the City Council award the construction contract to Taylor Ball of California, Incorporated as the lowest responsive, responsible bidder for the Carlsbad City Library Project. Construction will begin in January and require approximately 18 months to complete. The City Council has previously awarded all other required construction phase contracts for construction management, architectural services, and special building inspection services. In addition to the monthly written progress reports to be generated by the City’s construction management team, it is staffs intent to provide periodic updates to the City Council regarding construction progress on the Carlsbad City Library Project. PAGE 2 OF AGENiA BILL NO. hi Y 9 $- h FISCAL IMPACT: The City Council has appropriated a total of $17.5 million in the fiscal 1997-98 Capital Improvement Program budget for the construction, outfitting, and administration of the Carlsbad City Library Project. The award of the construction bid in the amount of $9,183,800 is the largest element of the Library Project budget. Over the next several months, the City will be soliciting competitive bids for numerous City provided components to be installed within the building including library shelving, library furniture, office furniture, computer hardware and cabling, specialized library equipment, and miscellaneous library equipment and office accessories. The overall project budget appropriation of $17.5 million includes funds for the City’s outfitting of the building as originally designed. Staff will be returning to the City Council from time to time with recommendations of award of contracts for the supply of these numerous furniture, systems, and equipment bids for the Library Project. EXHIBITS: 1. Resolution No. 9 3 - 7 xk accepting bids and awarding a contract for the construction of the Carlsbad City Library Project. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-726 A RESOLUTION OF THE CITY COUNCIL, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE CARLSBAD CITY LIBRARY. WHEREAS, on October 28, 1997 the City Council of the City of Carlsbad, California, authorized the advertisement of bids for the construction of the Carlsbad City Library Project; and WHEREAS, nine (9) sealed bids were received and opened on December 3, 1997 as follows: Taylor Ball of California, Incorporated, La Mesa $ 9,183,800 Tony War&et Construction, Encinitas $ 9,200,OOO Swinerton & Walbert Company, San Diego $ 9,250,OOO Soltek Pacific, Incorporated, San Diego $ 9,263,OOO Douglas E. Barnhart, Incorporated, San Diego $ 9,394,493 FTR International, Incorporated, h-vine $ 9,540,ooo KVAAS Construction, Incorporated, San Diego $ 9,648,115 Lewis Jorge, Incorporated, Orange $ 9,969,OOO RIHA Construction Company, La Mesa $10,128,000 WHEREAS, the apparent low bid submitted by Taylor Ball of California, Incorporated has been reviewed and is hereby determined to be the lowest responsive, responsible bid for said project; and WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it necessary, desirable, and in the public interest to proceed with the award of said bid for the construction of the Carlsbad City Library Project. NOW, THEREFORE, be it resolved as follows: 1. That the above recitations are true and correct. Ill Ill . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the bids received by the City of Carlsbad on December 3, 1997 for said project are hereby accepted and the lowest responsive, responsible bid has been submitted by Taylor Ball of California, Incorporated in the amount of $9,183,800. 3. That the City Council does hereby award a contract to Taylor Ball of California, Incorporated for the construction of the Carlsbad City Library and the Mayor is authorized to execute said agreement. 4. That in accordance with the City’s Purchasing Ordinance, Section 3.28.172 of the Carlsbad Municipal Code, the project contingency shall be established at 25% of the original contract price which the City Manager shall have authority to approve incidental changes to said project. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of December , 1997, by the following vote to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: g &I-)- _ ALETHA L. RAUTENKRANZ, City Clerk\ (SEW -2- . . .a : l . m . . i F a 16192322544 . 12,‘+‘1997 16:32 16192~544 FLAHERTY BONT-9LAS JGME~H.FLA~TY AMOi=ES.SWd4LlAWCRON 401 WEST"A" STREET,SI.IITE2220 SANDIEGO.CAUFORNL492101-7909 TELWHONE(619)230-8600 FACSMLE(619)232-2544 PAGE 61 PCS (619)31Ci16l6 December 16, 1997 FACSIMIIZ (760) 434-8367 Ronald R. Rs.11, Esq. City Attorney, City of Carlsbad 1200 Carlsbsd Village Dr. Carlsbad, C-4 92008 Re: Carlsb_$d Citvm Dear Mr. Ball.: I have just. received a copy of Soil Retention Systems bild for the xetaininq w3:I.l. Three items are startling: 1 The bid is an OPTIONAL BID as stated on its face; 2. The bilJ is for the Loffelstein Retaining Wall. System: 3, The bid is for 4425 square feet of wall, not the 11,300 square feet required by the plans and as stated ir- Taylor Ball's protest letter to the City concerning FTR. As ycu can .see, Soil Retention Systems bid additional sgJare footage at $16-00 per square foot. This is a non-responsive subccntract(Ir bid because it bid the wrong product. and 0:nl.y a portion of -Lie square footaqe. If Soil Retention Eystems had bid the correct. square footage, its bid would have been considerably higher. If my client had used this bid, it would have bsen low bidder. My client didn't use it because it was wrong and clearly not allowable under the directions of Addendum I of the Specificatil>rls. Finally, I ,lrn informed that the City Council approximately one year ago held a meeting to determine the type of retaining wall to be used. Six or seven types of walls were suggested, includinq tl?e Loffelstein wall bid by Soil Retention Systems.They were all re jetted in favor of a crib-wall. How does Tay.lor Ball's bid include a non-specified, previously rejected :retaining wall and st.i1.1 be considered responsive? It cannot be considered respcnsive .atLd must be rejected. 12/16/1997 16:32 16192322544 FLAHERTY BOND SAL&S PAGE 82 . Ronald Ball, Esq. December 16, 1997 Page 2 Please consider all. af these matters in making Ji'our recomtmenda~icx to the City Council, Sincerely y31xs, JHF/ rs cc: client End . a .I 1 I . I I I c 1 : c 1 . . .5 Q ,s $3 00 ** .r( ;: a’B rw 0 . . . . . c December lo,1997 TAYLOR BALL OF CALIFORNIA, INCORPORATED ATTENTION: MR. DOUGLAS J. MUIRHEID 7777 Alvarado Road, Suite 501 La Mesa, California 9 194 1 RE: BID PROTEST; CARLSBAD CITY LIBRARY PROJECT Dear Mr. Muirheid: The City of Carlsbad opened bids on December 3, 1997 for the Carlsbad City Library Project. The apparent low bid among the nine (9) bids received was submitted by Taylor Ball. Subsequent to the bid opening, the City has received two (2) letters of protest regarding the bids received. Enclosed is a copy of a letter dated December 4, 1997 from Tony War&et Construction, Incorporated raising six (6) issues of concern. We have included a copy for your information of the City’s December 5, 1997 letter to the Wanket company responding to the issues. The second letter of protest was received by the City on December 9, 1997 from FTR, International, Incorporated raising several other issues of concern. A copy of the FTR December 9* letter is attached. The City of Carlsbad requires Taylor Ball to formally respond to the City regarding the five (5) issues set forth in the December 10, 1997 letter from FTR, International. We would appreciate receiving via FAX at (760) 4380894 your detailed explanation of these five (5) issues no later than 12:00 noon, Friday, December 12, 1997. It is our intent to distribute _ all of the relevant materials to all interested parties as soon as practical. The Carlsbad City Council will consider the award of the contract for this project at their next regular meeting of Tuesday, December 16, 1997 beginning at 6:00 p.m. in the Carlsbad City Council Chambers, 1200 Carlsbad Village Drive. It is expected that Taylor Ball will be represented at this meeting to respond to the issues. Please call me at (760) 438-1161, x-4386 iM+w&&& Municipal Projects Manager c: City Attorney, City Manager, Assistant City Manager, Community Development Director, Financial Management Director, Library Director, Purchasing Officer 2075 Las Paltias Dr. - Carlsbad, CA 92009-l 576 l (619) 438-11610 FAX (619) 438-0894 @ December 9,1997 City of Carl&ad Community Development Department 2075 Las Palmas Dr. Carl&ad, CA 92009-l 576 Attention: Mr. John J. Cahill Reference; Carkbad City New Library Subject: Letter of Protest DC=. Mr. C&ill : We herewith protest Taylor-Ball ‘s bid for the following reasons: 1. Taylor43all bid has vtious marks and modifications to his bid and tht city prcvcnted all bidders from examining Taylor-Ball bid for two days. This is in violation of the Contract Public Code. All bid records ara public records and all bidders have the right to examine aiJ the bids at the time of opening for deficiencies. It is impossible to do all the cbangcs including correcting license numbers during tbc bid foal seconds. Also, the initials of the Sub-sheet should match the initials for the person who signed the bid. The City as of this date is keeping Taylor-Ball bid and bond confidentially. 2. The retaining wall product is not the retaining wall company’s product specified in tbe specifications. We protest the use of unspecified products by Taylor-Ball. Please refer to Taylor-Ball’s letter of protest at the fist round. 3. Taylor-Ball did not list the following subcontractors; concrete and site-concrete. We refer you to the let&r of Taylor Ball bid protest for the first round. Taylor-Ball, to our knowledge subs out all their work. 4. Taylor-Ball did not list any subcontractor for the granite pavers in fact he crossed Lopk out. As per Taylor-Ball’s protest last time this is a very special&d item and Taylor-Ball does not have granite installers on stafT to perform this work. 2. Taylor-Ball listed Gem M Company to perform elevator installation. There is no such company in the United States and he is not allowed to change the subs nor to perform the work by his own forces as per the Contractors law. IVR INTERNATIONAL INC. JAMBOREE CEtU’ER, S PARK PLAZA, SUITE 1240. IWINE CA 92714 (714) 263-8170 FAX (714) 263-8176 C Based on tbc above, I request lhat all the bids to be rejected due to the City’s violation of the fair bid practices by ketping the bid documents as a confidential record for two days. I also request Taylor- Ball’s bid to be disqualified due to major deficiencies and errors. I expect the City to issue Taylor-Bail a letter advising him of his deficiencies and request him to withdraw his bid in the same tone they did to us on the first bid. Plcase inform us of all correspondence and hearings in regards to this issue. As you are aware, the main reason for rejecting our bid for the first time was the subcontractors (See attached Q&A issued by the City before this bid). We hope the City would not have double standards and change their policy to give T.aylor-Ball preferential treatment as they did last time. Sincerely, FTR InternationaI, Inc. President NK;yb cc: Brad Raisin, Esq. Tony Wmket Svvincrton 4% walberg -. -. - -. _.-- -- - .- - .- CardweMMcL dw Architects November 17,1697 MEETING NOTES - PRMID MEETING Meeting Dete: November 17,1997 tllcatim Carkfmd Cii Council Chambers Projti Projact No.: Anendws: C%UlWdCttyLibrety 96013 see Atta~ad Sigkln list 1.01 John Cahill, the P@eU fktenager fmm the Chy of Carkbad introduced Bill Bowdle from the construction management firm of 6 & 6 and Norm Luker tram the architecture firm of CardwelVMcOrauv Architects. John Cahill stated this is 8 r&id of this project whii bid in September, because of a bid protest and aftes review of the protest the City elected to m-bfd the project. 1.02 Norm Luker gave a project overview. The project is a tw story public library of 73,000 square feet on a 6.1 acre site. This in&&s a 221 saat auditorium and a 2.000 square foot art gallery. The CoMntcUon is Type II non-raied; the &uotural system is masonry and steel frame. The exterior ff nkh k a special texture stucco fhtish. The remainder of the site has 350 parking spaces and landscaping. There Is a landscaped sculpture garden near the children’s lii. There am about three public art instailations. 1.03 Q~eslfons from the bidders wre taken, the responses wre as follow: Question 1: fs there a soils report avalfabts? ArtswE Yes, a soik report k available in the purchasing department . Question2: Was there an Addendum issued for the previous bld and is that available? AIlSliWC There ws an Addendum issued ad k available. Question 3: Where the addendum items from the previous bid included in this bid? AWWft The Amhheck and Engineeus have Incorporated Addendum items from the previous bkl into these documents. Question 4: Men wiil constructton start? AflSWr: The anticipated date k Mid January, 1936. Question 5: Have you received any tetephone calls from crib wll subcorttradors or suppliers? Aflswc No. 7016srnrSSU8ZW sHD8go.oA 92tof4io1 isf@J=f4?81 F4f~?SJZ31491 _1- -----m--_- - / I MEETING NOTES - PRE-BID MEETING csllsbad cii Likely Proied Number 96013 m0 rppannt low Wdder dii not comprete the required fofms for listing of subcontractors and self performing of the work. 1.05 Norm Ucer stated that my additional questions must be faxed to Nm at M~Graw/Raldwin ArcNtMs (8194314399) by noon on November 18,1997 in order to have a response inchled in the addendum package. No questions will be taken by telephone. These meeting minutes represent our interpret&ii of the meeting discus&n; please notify us immediately for any wisions or additions. Thank you. Dbtdbution: Addendum Qi dated November 21,1997. CardwelllmcGraw Architecfs CONTRACTOR’S PROPOSAL SCHEDULE 1: LUMP SUM Descriptiq Total 1. Lump sum for the entire scope of work as defined in the Contract Dctcuments. Total amount of bid for Jtem No. 1 in words: Addendum(a) No(s). 1 has/have been rwebd and is/an included in this Pro-. . I.. I. t 1 . . . i ! 1 . . I I Y I- -* 1 . i 8klder Company Name: Pago7of36 - BIDDER’S INFORMATION REGARDING SUBCONTRACTORS Note: Information conwing subcontractors must be furnished in accordant with the provisions of Ihe ‘Subletting and Subcontracting Fait Pmctices AU’ Section 4100, et seq., California Public Contract Code. (See S&on 1 C-General Conditions, 1 C-08 SUSCONTRACTORS). The information below must be provided for ail first-tier Subcontracdors that wiil provide labor. equipment, or materials valued in excess of one-half of one percent (0.5OA) of Bidets Lump Sum Base Bii and that wiil perform Work at the Project site. If Bfdder does not Iii a Subcontmctor or Qsts more than one Subcantractot for a Work a&vii which exceed 0.5% of the Lump Sum Bas Bid, Bidder agrees that it is fully qualified to pwform and that it shall perform that Work activity. I I- ,. , . c i I I L .! 4. 5. 6. 7. I I I . Subcontractor bid divided by total laid and tnuMp@d by JOO. D Write in DBE if Subcantrackw is a Disadvantaged Bush83 EtlteQdS8. , i Note: lnfOfITWiOn concerning subcontrvtors mJSt be furnished in accordance with the provisions of the ‘Subletting and Subcontracting Fait Practices Act.’ Section 4100, et seq., California Public Contract Code. (See Seiction 1 C-General Conditions. lC-08 SUBCONTRACTORS). The information w must be provided for all first-tier Subcktractws that will provide labor, equipment, of maMaIs valued in axces of one-half of one pement (0.5Oh) of Bidder’s Lump Sum Base Bid and that will perform Work at the Project site. If Bidder does not list a Subcontractor or lists more than one Subcontractor for a Work activity which exceed 0.5% of the Lump Sum Bas Bid, Bidder agrees that it is fully qualified to pmrm and that it shall putarm that Work activity. . . . Subcontractor bid divided by total bid and m&plied by 100. we Write in OBE if Subcontractor is a Diiantagsd BW&WSS Enterprise. DBE TEr ” OaE ” 7ir -DBE m Oe)E 08 -Fir I : ‘: :..- ? . 2 .b . I.. 15. iT - . . . 18. t I 79. i 20. I . 1 21. BIDDER’S INFORMATION REGARDING SUBCONTRACTORS Note: InfomUon concernin g su8~0ntractor~ must be fumished in accordance with the provisions of the ‘Subleting and Subconbraaing Fair Practices Act’ Section 4100, et seq., California PublicContract Code. (See Section 1 C-General Conditions, 1 C-08 SU8CONTRACI-ORS). The informa&ion b&w rwt be provided for all first-tier Subconhctors that will provide labor, equipment. or materlals valued In excess of one-half of ona percent (03%) of Bidder’s Lump Sum Base Bid and that till perform Work at the Project site. If Biider does not list a Subconbactor or lists mole than one Subcontractor for a Work activity w&h exceed 0.5% of the lump Sum Bas Bid, Blddar agrees that it is fully qualified to perform and that it shall perform that Work activii. , Subcontractor bid divided by total bid and mUtipl@d by 100. ” White In OBE if Subconbactor iS a Diidvanh~cd Businem htefpfi~e. . i L j . BIDDER’S INFORMATION fiEGARDlNG SUBCONTRACTORS . . Note: Information concerning subcontmctors must be fumishbd in acco&uw with the pmvisions of the ‘Subletting and Subcontncting Fair Practices Act’ Se&on 4100. et seq., Cafifomia Public Contract Code. (See Section IC-Genecal Conditions, C-08 SU0CONTFUCTORS). The inform&Ion below must be provided for all first-tier Sum that will provide Iabor, equipmenf or matefisk valued in e%cess of one-hatf of one percent (O.S%) of Bidder’s Lump Sum Base Bid and that will perform Work at the Pmject site. If Bidder does not liit a Subcontractor or iists nwre than OF Subcontractor for a Work ztivity which exceed 0.5% of the Lump Sum Bas Bid, Bdder agrees that it is fully qualified to patform and that !t hail perform that WofI$aF. .; Subcontrac!or bid divided by total bid and multipl@d by 100. ww Write in OBE if Subcontractor is a Diiantaged Bushes8 Enterprisa -isir ” & -m- ” DBE ” -zr ” R - -ET 1 .J C. . i , I . . i . I,’ 1’ I. I? :: I 1 6. . . . a. i I i I i !.. ! . BIDDER’S lNFORMA=ilON REGARDING SUBCONTRACTORS Note: Information concerning submntractors must be Unished in am with the provisions of the ‘Subkdtlng and Subcontncting Fair Practices AcL’ Sedian 4100, et seq., California Public Contract C&la. (See Section lC-Generai Conditions. C-08 SU8CONTRACT’ORS). J’he i&m&ion below must be provided for all ii&&r Subcontmctom that will pmvide labor, equipment, or materials valued in excess of onehaff of one percent (0.5%) of Bidder’s Lump Sum Base Bid and that will perform Work at the Project sita. If Bidder doas not list a Subcontractor or iii more than one Subcontractor for a Work activity which axceed 0.5% oftha Lump Sum Bas Bid, BIddw agrees that it is fully qualified to perform and that it shall p&fom that Work activii. . 9 31 i 32. 33. 34. 35. I . Subcontractor bii diiided by total bid and multip@d by 100. M Write in DBE if S&con&actor is a Di+vaHaged Business Enterprk D8E DBE * I - DBE ” Tir ” -Eir I F=‘- -oJ-rf rr-zsa API -A SOIL RLLtENTION SYSTEMS 768 966 6699 A - P-02 sm RETENTION SYSTEMS SOIL RETENTION SYSTEMS, INC. 1907 APPLE STREET, SUITE 1133, OCEANSIDE’. CALIFORNIA 92054 (760) 96&6(X30, (800) 3464995, FAX (760) 966-6099 September 3.1997 PROJECT: Carlsbad Ci Library at La Costa SU8JECT; Crib Wall/westerly Property Line Dear Genera! Engineering ContractoVEstimatar limited portion of the project (La1 60 L.F.) The proposed crib wall will possibly fit in the same arca; however, the temporary slope gradient wilt encroach well beyond the westerly property line unkss shoring is utilized. (Sco exhibit) Mechanical Building’s envelope (elongate) thus allowing the edge of the structure to be farther away from the property line and in turn reducing the height of the retaining wall. WC will be happy lo bid that wall or the walls on each side of the permanent shoring. Sincerely, civil Engineer BE:rj Enclosure -.a--- .- .._, .._I. _..... -.--.. __... -. r.. ,-.., ..- -.-- .--- .__., ..-- . ..--_. --. -_. -. ‘z bo-’ z . ,. s d P . \ , . . -- . . . . .-. w.. . . t- _. .., -m. -a . . 3i _._... . ‘J 1 d 3 ., a 2 t d I I i! e . . . _ - r.. - *.- . -0-s ..- I b.. I .UR 3TY I LIIS 7’60 966 6099 c.0* 1 . I Loffel Retaining Wall Ic--- . --C ----.v ~ypi&$j&&on - -ss--.T.- .,.-.. -...v.. ..e . I-- ..-... I Face of Walt Finish Surface : -. --- i I ._P... -- ! 1 _..m.s.- -- ,4+ 1 . ,... *..w -. I i Note: The I,oflek/cin retaining wall ~ystm consists of inter-locklulg 1 I ma.sonw untts,. m-ranged irt u sin& wait tier, reinforced with geogrid. Dcccmbcr 5, 1997 FAX (766) 944-8095 TONY WANKET CONSTRUCTION, I?KORPORATED ATTE~ON: LYNN WANKET 934 North Highway 101 Encinitas, California 92024 R.E: TONY WANKET CONSTRUCTION LE7TER DATED DECBh’IBBR 4,1997; CARLSBAD CITY LIBRARY PROJECT Dear Ms. Wnnket: We wish to acknowledge receipt of your letter dated December 4% 1997 concerning bids received by the City of Carlsbad on December 3, 1997 for the Carlsbad City Library Project. Your lcttcr addrcsscs six (6) issues regarding the bid.submitted by Taylor Ball of California, Incorporated, the apparent low bidder for this project. WC have examined the Taylor Ball bid documents in light of the issues you pnsenkd md the following is the City’s analysis: 1. Notarized Siannture of Cornorate Officer on lhe Various Bid Pow An examination of the Taylor Ball bid submittal indicates that a Mr. Douglas J. Muirhcid, Vice President of Taylor Ball, has signed all of the essential bid forms comprising the bid submittal. Mr. Muirhcid’s signature appears on the: - Contractor’s Proposal (Page 9) - Bidder’s Bond (Page 13) w Bidder’s Statement of Debarment (Page 18) s Bidder’s Disclosure of Discipline Record (Page 20) Non-Collusion Affidavit (Page 21) m Rcprcscntation and Certification (Pnge 22) w Addendum No. 1 Acknowledgment (no page number) Mr. Muirheid’s signature is dated Dcccmbcr 3, 1997 on each and every form. Additionally, the Taylor Bnll bid submittal includes copics of a California Ocneral Corporation Resolution and copies of Tnylor Bail .Board of Directors meeting minutes indicating Mr. Muirhcid is an authorizcd offker/dircctor of the company; 1200 Carlsbad Village Drive . CartSbEd, Cr92008-1989 l (780) 434-2803 l FAX (766 434-l 987 @ Included within the Taylor Ball bid submittal is the customary notary public stamp and accompanying “California All-Purpose Acknowledgment” form cxccutcd by a State of California commissioned notary public, a Ms. Rachclc Krushcnsky, Commission Number 1034594, expimtion August 3, 1998. The notary public’s stamp and accompanying acknowledgment form attests to Mr. Muirhcid’s signature; the attestation which also occurred on December 3.1997. ’ Although notarial stamps and ackn&wledgment forms are not included on each and cveq bid form where tt signature appcers, our conclusion is that the “California All-Purpose , ~Acknowlcdgmcnt” form, the notq public’s stamp, and the accompanying corporate resohnion, which are aft included within the Taylor Ball bid submittal. taken tog&x arc sufficient to identify Mr. Muirhcid as an authorized representative empowered to bind the company and submit the bid to the City. The lack of swerai identical and repetitive notarial stamps and acknowlcdgmcnt forms in the bid submittal does not in and of itself give the City cause to declare the Taylor Ball bid non-responsive. 2. Dejienation of DE& As indicated in the bid documents. the City of Carl&ad does not mandate requirements or percentages of DDE, MDE, orWBE participation in this project. Nevertheless~ as stated on Page 3 of the bid documents, ‘Yhc City of Carl&ad encourages the participation of minority and womcn-owncd businesses.” Similarly, the City encourages the participation of DBE owned businesses in the project but it is not required. Therefore, Taylor Ball’s failure to identify DBE subcontractors is not material to the City’s determination of responsiveness to the bid. As you correctly point out, the Taylor Ball bid does not identify a mathematical figure at the bottom of Page 14 indicating the total percentage of proposed subcontractor participation in the project. Mowcvcr, this nurnbcr can be determined by simple addition of all of the individual subcontractor pcrccntages which Taylor Ball correctly listed line by lint throughout the accompanying forms identifying the numerous subcontractors. The clerical error, if any exists at all, can bc easily cured in this manner and is not consiiiercd by the City to be material to the determination of responsiveness. 4. m Channes to Subcontract&&7nation The Taylor Ball bid (Page 14 Subcontractor List) depicts various changes to information related to approximately 6 or 7 proposed subcontractors. ‘These chaugcs appear to have been written on the forms and submitted with the bid as is the prerogative of all bidders. As you are well swam, changing subcontractors on a bid form immediately prior to bid submittal is a common ~~c~rrcn~r in the industry. In most instances, initinls appear on the line to the left of the name of the proposed subcontractor or in other instances immediately near the Proposed change. This indicates to the City an acknowledgment by the bidder as to the authority of the person making the proposed change. The information provided by Taylor Ball on this issue is clear and unambiguous. Again, if a clerical error exists at dl, it is not material to the City’s determination of responsiveness. 5. . . Lack of Subcontractor -ratton Da tes As you point out, the Taylor Drill bid submittal fails to list expiration dates of licenses.for scvcral subcontractors on Page 14. “Subcontmctor List.” Taylor Ball correctly lists the name of each and every proposed subcontractor, their license number. type of work to bc performed, and pcrcrmtagc of work to be performed. The City of Carisbad has contacted the State Contractors Licensing Board in Sacramento and has independently verified the liccnscs, standing, and expiration dates for each subcontractor which Taylor Boll faited to list a license expiration dnte in the bid. In each and every case, the subcontractor’s Iiccnses are current and in good standing. The City considers this clerical error to have been cured by the verification with the State Board. 6. F ilure to u * aibiofjty Taylor Ball was one of 9 cornpat& to submit a bid to the City on September 4, 1997 for the first bid for the Library Project. These bids were subsequently formally rejected by the Carlsbad City Council on October 28. 1997. The September 4th bid submittal included the Taylor Ball financial statement with accompanying annual auditor update report. This document remains on file with the Carlsbad City Clerk along with all other materials and documentation submitted by all 9 initial bidders for the project. We have reviewed the Taylor Ball financial statement and the accompanying auditor’s report submitted to the City on Scptembcr 4’b and found them to be both complete and current. WC consider Taylor Bail’s requirement to supply the City with a company financial statement to be satisfied. It is the City’s conclusion that any errors or omissions which may exist in the Taylor Ball bid submittal are minor, clerical, and nun-material in nature. What is very clear to us is that these minor, clerical, non-material ctrors or omissions have provided no unfair advantage whatsoever to any bidder for this project. Page 4 of the bid documents, “Notice Inviting Bids,” specifically reserves the right to the City of Carlsbad to waive any minor itregularities or informalities in the bid. It is City staffs position that the bid submitted by the apparent low bidder Taylor Ball fulfifls the requirements of the contract proposal and is determined to be the lowest responsive. responsible bid received for this project. Our recommerhtion for award of the contract for this project is scheduled for the regular meeting of the Carlsbad City Council, Tuesday, December 16; 1997. The City of ChrIsbad appreciates your bid fm this project lvrd e~~courages your partkipath in bidding future projects here in CarMad. Sincerely, RU& FLETCHER Purchasing Of&r RF: JJC c: City Manager City Attorney Assistant City Manager Administrative Scnrices Dim&r Community Development Director. Library Director Assistant Library Dir&or Municipal Projects Manager Nom Lukcr, McGraw - Baldwin, Architects Bill Bowdle, B & G Consultants Taylor Bell of Califoraia, Inc. , . * vii- - ONsnwcmN. INC. Decambcrq 1997 Post-C Fax Note 7671 To \loL &.\ b\ \ 97 qfq-) g!x’ --b- f- &XL wma. (Jmq4 3 Phonrm co* 7% rdtrcs h* q ’ PhoneI I IFtIll” I . thskrrt~d~Jcri~drubcuatractanp41cIdd36wunot~veafu pe!unqedwIeR~atthebouoenorrbc~ ’ itttylm that ha, wiibaet m initial, per 6~ cur aazdbwh kid k bo lrnMd* . Alaool,pqcI~oU6tbtw#a8p8cUiotnfbmhation e Iimitui toa&atior~ &br of tb atbaonmm liomac. ilKfwingbtJtlml mrcnhmtbrrraveml WJluing aIla t- ’ lannrSonprlP4d9(5~bi~r’rsnabPwaldFl~rl~#litg,~8~nol htch&d in oulm bill )ludqR, ctxmtw l m ouifi&ntid w othmwia. It w w itKwcd. h dovlvkImm~inePClionrSlhir~llolcmlyIlnMfrirrdvrarsds~Km . caEp"mimu to~nquralrd~Cily. A& Tony Wnthf Cbnrltrrrji<rrr, Ina hdm UxU it k Iho mpmiblli~ 0fTiy City d Cufrbrdto~udthsbiddTl)rlorsallmnrtcsparulvctnmyrrrvirmd~~ddoowacnrr itIr&urtbathmcawinccwrnrlDaricvdim ulttw~tbobidb~omp~~~irloj withltttheRpecIffcltioarandatlhcpmbid mattee. oulf ~~~~~~~~~~j~~~f~~pl~c~u~ December 5, 1997 1 FAX (760) 944-8095 TONY WANKET CONSTRUCTION, INCORPORATED ATTENTION: LYNN WANKET 934 North Highway 10 1 Encinitas, California 92024 RE: TONY WANKET CONSTRUCTION LETTER DATED DECEMBER 4,1997; CARLSBAD CITY LIBRARY PROJECT Dear Ms. Wanket: We wish to acknowledge receipt of your letter dated December 4, 1997 concerning bids received by the City of Carlsbad on December 3, 1997 for the Carlsbad City Library Project. Your letter addresses six (6) issues regarding the bid, submitted by Taylor Ball of California, Incorporated, the apparent low bidder for this project. We have examined the Taylor Ball bid documents in light of the issues you presented and the following is the City’s analysis: 1. Notarized Signature of Corporate Officer on the Various Bid Forms An examination of the Taylor Ball bid submittal indicates that a Mr. Douglas J. Muirheid, Vice President of Taylor Ball, has signed all of the essential bid forms comprising the bid submittal. Mr. Muirheid’s signature appears on the: Contractor’s Proposal (Page 9) Bidder’s Bond (Page 13) s Bidder’s Statement of Debarment (Page 18) - Bidder’s Disclosure of Discipline Record (Page 20) Non-Collusion Affidavit (Page 2 1) Representation and Certification (Page 22) Addendum No. 1 Acknowledgment (no page number) Mr. Muirheid’s signature is dated December 3, 1997 on each and every form. Additionally, the Taylor Ball bid submittal includes copies of a California General Corporation Resolution and copies of Taylor Ball Board of Directors meeting minutes indicating Mr. Muirheid is an authorized officer/director of the company. 1200 Carlsbad Village Drive - Carisbad, CA 92008-l 989 l (760) 434-2803 l FAX (760) 434-l 987 @ Included within the Taylor Ball bid submittal is the customary notary public stamp and accompanying “California All-Purpose Acknowledgment” form executed by a State of California commissioned notary public, a Ms. Rachele Krushensky, Commission Number 1034594, expiration August 3, 1998. The notary public’s stamp and accompanying acknowledgment form attests to Mr. Muirheid’s signature; the attestation which also occurred on December 3, 1997. Although notarial stamps and acknowledgment forms are not included on each and every bid form where a signature appears, our conclusion is that the “California All-Purpose Acknowledgment” form, the notary public’s stamp, and the accompanying corporate resolution, which are all included within the Taylor Ball bid submittal, taken together are sufficient to identify Mr. Muirheid as an authorized representative empowered to bind the company and submit the bid to the City. The lack of several identical and repetitive notarial stamps and acknowledgment forms in the bid submittal does not in and of itself give the City cause to declare the Taylor Ball bid non-responsive. 2. Designation of DBEs As indicated in the bid documents, the City of Carlsbad does not mandate requirements or percentages of DBE, MBE, or WBE participation in this project. Nevertheless, as stated on Page 3 of the bid documents,, “the City of Carlsbad encourages the participation of minority and women-owned businesses.” Similarly, the City encourages the participation of DBE owned businesses in the project but it is not required. Therefore, Taylor Ball’s failure to identify DBE subcontractors is not material to the City’s determination of responsiveness to the bid. 3. Total of Subcontractor Percentage As you correctly point out, the Taylor Ball bid does not identify a mathematical figure at the bottom of Page 14 indicating the total percentage of proposed subcontractor participation in the project. However, this number can be determined by simple addition - of all of the individual subcontractor percentages which Taylor Ball conectly listed line by line throughout the accompanying forms identifying the numerous subcontractors. The clerical error, if any exists at all, can be easily cured in this manner and is not considered by the City to be material to the determination of responsiveness. 4. Initialing Changes to Subcontractor Information The Taylor Ball bid (Page 14 Subcontractor List) depicts various changes to information related to approximately 6 or 7 proposed subcontractors. These changes appear to have been written on the forms and submitted with the bid as is the prerogative of all bidders. As you are well aware, changing subcontractors on a bid form immediately prior to bid submittal is a common occurrence in the industry. In most instances, initials appear on the line to the left of the name of the proposed subcontractor or in other instances immediately near the proposed change. This indicates to the City an acknowledgment by the bidder as to the authority of the person making the proposed change. The information provided by Taylor Ball on this issue is clear and unambiguous. Again, if a clerical error exists at all, it is not material to the City’s determination of responsiveness. \ 5. Lack of Subcontractor License Expiration Dates As you point out, the Taylor Ball bid submittal fails to list expiration dates of licenses for several subcontractors on Page 14, “Subcontractor List.” Taylor Ball correctly lists the name of each and every proposed subcontractor, their license number, type of work to be performed, and percentage of work to be performed. The City of Carlsbad has contacted the State Contractors Licensing Board in Sacramento and has independently verified the licenses, standing, and expiration dates for each subcontractor which Taylor Ball failed to list a license expiration date in the bid. In each and every case, the subcontractor’s licenses are current and in good standing. The City considers this clerical error to have been cured by the verification with the State Board. 6. Failure to Include Bidder’s Statement of Financial Resnonsibilitv Taylor Ball was one of 9 companies to submit a bid to the City on September 4, 1997 for the first bid for the Library Project. These bids were subsequently formally rejected by the Carlsbad City Council on October 28, 1997. The September 4th bid submittal included the Taylor Ball financial statement with accompanying annual auditor update report. This document remains on file with the Carlsbad City Clerk along with all other materials and documentation submitted by all 9 initial bidders for the project. We have reviewed the Taylor Ball financial statement and the accompanying auditor’s report submitted to the City on September 4ti and found them to be both complete and current. We consider Taylor Ball’s requirement to supply the City with a company financial statement to be satisfied. Conclusion It is the City’s conclusion that any errors or omissions which may exist in the Taylor Ball bid submittal are minor, clerical, and non-material in nature. What is very clear to us is that these minor, clerical, non-material errors or omissions have provided no unfair advantage whatsoever to any bidder for this project. Page 4 of the bid documents, “Notice Inviting Bids,” specifically reserves the right to the City of Carlsbad to waive any minor irregularities or informalities in the bid. It is City staffs position that the bid submitted by the apparent low bidder Taylor Ball lltills the requirements of the contract proposal and is determined to be the lowest responsive, responsible bid received for this project. Our recommendation for award of the contract for this project is scheduled for the regular meeting of the Carlsbad City Council, Tuesday, December 16,1997. The City of Carlsbad appreciates your bid for this project and encourages your participation in bidding future projects here in Carlsbad. Sincerely, RU?.i3 FLETCHER Purchasing Officer RF: JJC c: City Manager / City Attorney Assistant City Manager Administrative Services Director Community Development Director, Library Director Assistant Library Director Municipal Projects Manager Norm Luker, McGraw - Baldwin, Architects Bill Bowdle, B & G Consultants Taylor Ball of California, Inc.