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Home My WebLink About2007-07-17; City Council; 19087; Mira Monte Access Gates ContractCITY OF CARLSBAD- AGENDA BILL 8 AB# MTG. DEPT. 19,087 7/17/07 ENG AWARD OF CONTRACT FOR CONSTRUCTION OF MIRA MONTE ACCESS CONTROL GATES PROJECT NO. PWS 07-05 ENG DEPT. HEAD it?fcr-i' CITYATTY. l(^^ CITY MGR. ~^> RECOMMENDED ACTION: Adopt Resolution No.2007-183 accepting bids and awarding the contract to Falcon Construction Company for the construction of the Mira Monte Access Control Gates, Project No. PWS 07-05 ENG. ITEM EXPLANATION: On April 25, 2006, the City Council authorized the replacement of the barricades on Mira Monte Drive with a gate accessible only to emergency vehicles. The project includes the installation of a streetlight, an automated gate system, power and communication service, and decorative pilasters. On June 21, 2007, two (2) sealed bids were received for construction of this project. The bid submitted by one of the bidders, Falcon Construction Company, had a math error resulting in the need to revise their bid total from $87,615 to $94,615. After recalculating the total, Falcon Construction Company is the apparent low bidder. CONTRACTOR 1 . Falcon Construction Company 2. Bonsall Construction Services CITY/STATE San Diego, CA Bonsall, CA TOTAL $94,615 $180,192 The second low bidder, Bonsall Construction Services, has submitted a bid protest (refer to Exhibit 3). Bonsall Construction Services is claiming they are the lowest responsive bidder. Their claim states that Falcon Construction Company does not have the skill and experience to successfully complete the work. Their claim is based on the specialty contractor's licenses allowing their subcontractors to perform the work. Falcon Construction Company has the appropriate California State Licenses to perform the work by having a Class A General Engineering Contractor License and a Class B General Building Contractor License. All bid documents submitted by Falcon Construction Company have been reviewed by staff and found to be in order. Staff recommends awarding the construction contract to Falcon Construction Company in the amount of $94,615. ENVIRONMENTAL IMPACT: This project is categorically exempt from the environmental review process under Section 15303(e) of Title 14 of the California Code of Regulations. FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 FISCAL IMPACT: The estimated construction costs associated with this project are summarized in the following table. Construction Contract Construction Contingency Project Administration, Testing & Inspection TOTAL ESTIMATED PROJECT COST AVAILABLE OPERATING BUDGET FUNDS $94,615 $14,385 $9,500 $118,5W $118,500 Sufficient funds are available in the General Fund Engineering Budget to complete the project. EXHIBITS: 1. 2. 3. Location Map. Resolution No.2007-183 accepting bids and awarding the contract to Falcon Construction Company for the construction of the Mira Monte Access Control Gates, Project No. PWS 07-05 ENG. Bid Protest Letter. DEPARTMENT CONTACT: Sherri Howard, (760) 602-2756, showa@ci.carlsbad.ca.us LOCATION MAP NOT TO SCALE PROJECT NAME ACCESS CONTROL GATE PROJECT NUMBER PWS07-05ENG EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 6/21/07 C:\CAPITAL\HOWARD\UIRA MONTE ACCESS CONTROL GATE\PWS07-05ENG LOCATION UAP.DWG 1 RESOLUTION NO. 2007-183 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION 4 OF THE MIRA MONTE ACCESS CONTROL GATE, PROJECT NO. PWS 07-05 ENG. 5 WHEREAS, on April 25, 2006, the City Council of the City of Carlsbad directed staff to 6 prepare plans and specifications to construct the Mira Monte Access Control Gate, Project No. 7 PWS 07-05 ENG; and 8 WHEREAS, two (2) sealed bids were received on June 21, 2007 by the City of Carlsbad 9 for the construction of said project; and 10 WHEREAS, the bid submitted by Falcon Construction Company had a mathematical error and the total bid amount was corrected to $94,615; and WHEREAS, a bid protest was submitted by Bonsall Construction Services stating 12 Falcon Construction Company does not have the proper California State Licenses; and 13 WHEREAS, staff has verified that Falcon Construction Company has the appropriate California State Contractor Licenses; and 15 WHEREAS, the lowest responsive and responsible bid to construct said project was 16 submitted by Falcon Construction Company, in the amount of $94,615; and 17 WHEREAS, there are sufficient funds available in the General Fund Engineering Budget to complete the project. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 19 California, as follows: 90"-" 1. That the above recitations are true and correct. 21 2. That the bid in the amount of $94,615 submitted by Falcon Construction 22 Company, for the construction of Mira Monte Access Control Gate, Project No. PWS 07-05, is accepted and the Mayor is hereby authorized to execute a contract with Falcon Construction Company.24 3. That the City Manager is hereby authorized to approve construction change 25 orders up to $14,385. 26 4. That the award of this contract is contingent upon the bidder submitting the 27 lowest responsible bid executing the required contract and submitting the required bonds and 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of July, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. >, Mayor ATTEST: tfORR/MNIE M. W(&bD, City ASEAI_F V * *Vf'inn\^- BCS Bonsall Construction Services Lie # 753339 June 26 , 2007 City Of Carlsbad Re: Mira Monte Access Control Gate Bid Date 6-21-07 Bid Protest of Falcon Conduction Co Dear Ms Gasp: I am writing to formally protest an award of a contract for the above referenced job by the City of Carlsbad to any bidder other than Bonsall Construction Services Inc for the reason that Bonsall submitted the lowest responsive and responsible bid Falcon Construction Co simply does not have the skill and experience to successfully complete the work without listed subs The work for the above mentioned job requires California State License Board to issue specialized construction licenses to companies that have the requisite skill and experience to perform street lights, automatic access control gate, power & communication, conduit & cable, rod iron fences & gates and decorative pilasters. As you can see Bonsall listed Lekos Electric (C-10) street lights and conduit and Quality Fence ( C-13) for control gate and fences, Based on the facts Bonsall requests the City of Carlsbad Award the Contract to Bonsall Construction Services Inc as the lowest responsive and responsible bidder,. Very truly yo Toe ValdeJ us, (760)758-2499 P.O Box 1085, Bonsall, CA 92003 FAX (760)758-5434 DCS All Receive-Agenda Item # For the Information of Hie: UN ' Asst. Date7' /£> City Bonsall Construction Services Lie # 753339 JUL 1 6 2007 _TYO CITYCl F CARLSBAD,. ERK'S OFFICE July 12,2007 City Of Carlsbad Re: Miia Monte Access Control Gate Bid Date 6-21-07 Re: Bid Protest of Falcon Construction Co Dear Ms.. Gasp: Please accept this letter as Bonsall Construction's withdrawal from the previous formal bid protest against Falcon Construction, This is due to the facts presented in your responding letter and our discussion this morning.. [ECDEOWE Ve JoeV Bons< Yours, z "Construction (760)758-2499 P.O. Box 1085 Bonsall, California 92003 FAX(760)758-5434 (07/12/2007) Ray Patchett - Mira Monte Drive gate bid award [] ~' Page?] From: Bob Johnson To: Ray Patchett CC: Bill Plummer; Glenn Pruim; Lisa Hildabrand; Lorraine Wood; Ron Ball;... Date: 07/12/2007 10:03 AM Subject: Mira Monte Drive gate bid award Ray, we have received a bid protest on the award of contract for the Mira Monte gate. However, we have not been able to confirm with the protesting contractor if he intends to attend the Council meeting. He has ignored numerous staff inquiries as to his intention to protest to the City Council the award of the bid on July 17. We continue our attempts to reach the contractor to determine his intentions in this matter. There were only two bidders on this project. With your permission, therefor, I asked Lorraine to move the item under Departmental Report, just in case the protesting contractor does decide to attend the City Council meeting. Staff will be prepared to give a presentation. This item may turn out similar to the slurry seal award protest last Tuesday and this contractor may withdraw the protest or he may decide to not attend the Council meeting.