HomeMy WebLinkAbout2007-12-18; City Council; 19265; Clerk to Re-Advertise for Bids of Alga Norte/%d2^&\
AB# 19,265
MTG. 12/18/07
DEPT. City Mgr.
CITY OF CARLSBAD - AGENDA BILL
REJECT ALL BIDS AND AUTHORIZE THE CITY CLERK TO
RE-ADVERTISE FOR BIDS FOR CONSTRUCTION OF
ALGA NORTE COMMUNITY PARK
PROJECT NOS. 3837 AND 3925
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DEPT. HEAD £fT_
CITY ATTY. (§&"
CITY MGR. (^cA-
RECOMMENDED ACTION:
Adopt Resolution No. 2007-326 to reject all bids and authorize the City Clerk to re-advertise
for bids for the construction of Alga Node Community Park, Project Nos. 3837 and 3925.
ITEM EXPLANATION:
Project Description - The proposed Alga Norte Community Park is located at the northwest corner of
the intersection of Poinsettia Lane and Alicante Road, see Exhibit 1. The Alga Norte Community Park
features an aquatics center, three baseball fields, a dog park, a skatepark, basketball courts,
playgrounds, open space, and parking. The aquatics center includes a competitive pool, a 12-lane
instruction pool, a therapy pool, and a recreation component with wet play structures, slides, and a
moving river. The aquatics center also includes 13,000 square feet of building space for a mechanical
building, an administration building, locker room facilities, group meeting facilities, a fitness room, and
a concessions kitchen. Other buildings at the proposed park include a maintenance facility, numerous
pumping station structures, chlorination building, a snack bar, and three public restrooms.
Bid Summary - City Council adopted Resolution No. 2003-024, which authorized advertising to
receive bids for construction. Six (6) bids were received, opened, witnessed and recorded on
November 8, 2007. A seventh bid was submitted by PCL Contracting after the specified time and was
not opened. The bids reviewed by the Engineering Department were as follows:
Contractor Name
1. Consolidated Contracting Services, Inc.
2. Bernards Brothers, Inc.
3. FTR International, Inc.
4. Los Angeles Engineering, Inc.
5. Edge Development, Inc.
6. Mallcraft, Inc.
Business Location
San Clemente, CA
San Fernando, CA
Irvine, CA
Covina, CA
Temecula, CA
Altadena, CA
Total Bid
Amount
$29,283,128
$32,915,070
$33,535,000
$33,559,600
$34,202,772
$38,971,800
The Engineer's Estimate was $38,639,000. The apparent low bid submitted by Consolidated
Contracting Services, Inc., failed to specify all the subcontractors that would be performing in excess
of one-half of 1 percent of the prime contractor's total bid as specified in Public Contract Code § 4106,
as a result their bid is considered non-responsive. A bid protest was received from PCL Construction
Services, Inc., dated November 9, 2007, see attached. Also, a letter was submitted by Nibbelink
Masonry Construction Corporation dated November 9, 2007, questioning Consolidated Contracting
Services ability to meet bidding requirements, (see attached letter). Based on a review of the bids
submitted and the issues listed above, staff recommends that for the benefit of the public's interest,
the bids not be accepted and to authorize the City Clerk to re-advertise the Alga Norte Community
Park to receive new bids.
FOR CITY CLERK'S USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
^D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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Page 2
The City can reject all bids for any reason. Council has the option of awarding a contract to the next
lowest responsible bidder; however, a protest hearing would need to be conducted. If Council
chooses to consider awarding the contract to the next lowest bidder, staff recommends a protest
hearing be scheduled at a future Council meeting to allow the parties time to prepare. A letter was
submitted by Bernards requesting the contract be awarded to them as the apparent next lowest
bidder, attached.
ENVIRONMENTAL IMPACT:
On March 1, 2006, the Planning Commission adopted Resolution No. 6039 and 6040, adopting a
Negative Declaration (ND) and Conditional Use Permit No. 04-08, respectively for the project.
FISCAL IMPACT:
The project costs estimated for Alga Norte Community Park are shown in Table 1 below.
TABLE 1 - ALGA NORTE COMMUNITY PARK, PROJECT NOS. 3837 AND 3925
ESTIMATED PROJECT COSTS
DESCRIPTION
DESIGN & ENVIRONMENTAL
CONSTRUCTION
Construction Cost for Aquatic Center (Prepared by Architect)
Construction Cost for Community Park (Prepared by Architect)
Subtotal
Construction Contingency
CONSTRUCTION SERVICES
Construction Management and Inspection
Materials & Soils Testing
Shop Drawing Review & Assistance
Staff Administration
SDG&E, AT&T, and Time Warner Cable
IT Equipment
MISCELLANEOUS
Water & Sewer Capacity Fees, budget amount
Public Art, budget amount
Pre-Opening Expense, budget amount
Furnishings, Fixtures and Equipment, (FF&E) budget amount
Miscellaneous items, budget amount
SUBTOTAL
CURRENT APPROPRIATION
ADDITIONAL APPROPRIATION ANTICIPATED FOR CONSTRUCTION
ESTIMATED
COSTS
$1,969,000
$21,447,000
$17,192,000
$38,639,000
$4,960,000
$2,000,000
$400,000
$400,000
$150,000
$100,000
$200,000
$250,000
$280,000
$400,000
$650,000
$25,000
$50,423,000
$50,423,000
-0-
EXHIBITS:
1. Location Map.
2. Resolution No. 2007-326 rejecting the bids and authorizing the City Clerk to
re-advertise to receive new bids for construction of Alga Norte Community Park, Contract No.
3837 and 3925.
3. Letter from PCL Construction Services, Inc., dated November 9, 2007.
4. Letter from Nibbelink Masonry Construction Corporation, dated November 9, 2007.
5. Letter from Bernards Builders, Dated December 5, 2007.
LOCATION MAP
SITE
NOT TO SCALE
SITE.
PROJECT NAME
ALGA NORTE COMMUNITY PARK
PROJECT
NUMBER
3837
EXHIBIT
1
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Exhibit 2
1
RESOLUTION NO. 2007-326
2
A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF
3 CARLSBAD, CALIFORNIA, REJECTING THE BIDS AND
AUTHORIZING THE CITY CLERK TO RE-ADVERTISE FOR NEW
4 BIDS FOR CONSTRUCTION OF ALGA NORTE COMMUNITY PARK,
PROJECT NOS. 3837 AND 3925. .
5
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
6 necessary, desirable, and in the public interest to construct Alga Norte Community Park,
7 Project Nos. 3837 and 3925; and
8 WHEREAS, Alga Norte Community Park is necessary to comply with the City's Growth
9 Management Plan; and
WHEREAS, the plans and specifications for furnishing all labor, materials, tools,
equipment, transportation, and other expenses necessary or incidental of said project have been
11 prepared and are on file in the Public Works-Engineering Department of the City of Carlsbad and
12 are incorporated herein by reference; and
13 WHEREAS, funding for said project has been appropriated from PFF and GCC Funds in
14 the 2007/2008 Capital Improvement Program in the amount of $50,423,000 to cover all project
. _ costs; and
WHEREAS, City hereby finds it necessary, desirable, and in the public interest to follow
16
the provisions of California Public Contracts Code, Section 22038, and Municipal Code
Section 3.28.110, whereby the City, in its discretion, may reject all bids and elect, in its further
18 discretion, to seek new bids for this project.
19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2Q California, as follows:
1. That the above recitations are true and correct.21
2. The City Clerk of the City of Carlsbad is hereby authorized and directed to
22 publish, in accordance with State law, a Notice to Contractors Inviting Bids for the construction of
23 Alga Norte Community Park, Project Nos. 3837 and 3925, in accordance with the plans,
24 specifications, and contract documents referred to herein.
25 I"
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of December, 2007, by the following vote to wit:
AYES:Council Members Lewis, Kulchin, Hall and Nygaard.
NOES: Council Member Packard.
ABSENT: None.
.AUDE A LEWTS, Mayor
ATTEST:
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EXHIBIT 3
November 9,2007
Mr. RayPratchctt
City Manager
City of Carsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Re: Alga Norte Community Park.
Bid Protest
Gentlemen
Pursuant to Technical Specification Section 13150. The pool deck subcontractor must hove
satis factor! ly constructed five similar projects, The apparent low bidder listed Sterling Concrete
as the site concrete subcontractor. We believe that Sterling docs aoi meet the requirements of
section 13150,
We believe the following trade items have a value of over .5% yet they were not listed on
Consolidated's bid form:
• Playground Surface
• Fencing
• Shelter Structures
• Playground Equipment
• Masonry
• Metals
• Roofmg
• Tile
• Painting
» Sh tdc Structures
• HA'AC
Therefore we believe you must declare Consolidated Contracting Services non responsive and
reject their bid.
We request a copy of all the documents submitted by Consolidated Contracting Services as well
as ?Ui documents submitted by any other bidder.
Sincerely,
PCL CONSTRUCTION SERVICES, INC.
James Clancy
Chief Estimator
FCL CONSTRUCTION SERVICES, INC.
4WO Sxowi-ve Drive, Suite 100, S«i Diego, CA 92121
Telephone: {8iS)6S7.}4UO * fax; lS3S)6-}7-9*»4
Watch m buiid: www.pcl.com
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•"*^k«\ ,<.* * t, /1 •>Exhibit 5
12/05/07
City Of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn: Bill Plumber
Since the Company's inception, Bernards has maintained a consistent business philosophy to
provide innovative building solutions that, deliver complex and challenging projects with the
common goal that the client comes first. When we noticed the opportunity to bid on the Alga
Notre Community Park in Carlsbad, Bernards was looking forward to continuing our long
successful relationship with the City. As you know Bernards built Legoland and work closely with
both our client and the city to build this unique and challenging project.
In reviewing the bid submitted by Consolidated Contracting Services, we noticed that they did not
list several key trades, i.e.; masonry, shade structure, site concrete, structural steel, rough
carpentry, insulation. These trades are critical to the success of this project. We knew that the
city would require Consolidated to comply with provisions of Section 4100-4111, inclusive, of the
Public Contract Code of the State of California and felt that the city would notify Consolidated that
their bid was considered as a non-responsive bid, due to their failure of not listing all
subcontractors within one half of one percent.
It is our understanding that the city is considering rejecting all bids at this time. It has been our
experience that when projects re-bid, increased costs and schedule delays are likely to transpire.
Fewer general contractors and subcontractors typically re-bid a project, because their costs,
subcontractors, and competitive edges are revealed to the open market. The contractors and
subcontractors whose bids were not competitive will see no reason to incur the additional costs to
re-bid a project that they have little chance to acquire. General contractors and subcontractors
typically will increase their bids, due to securing additional work prior to the re-bidding of a project
and/or by finding errors in their original bids. At this time, Bernards is unlikely to re-bid the project
which means that the City of Carlsbad is exposing themselves to spending hundreds of
thousands, potentially millions, of dollars more than necessary for the Alga Notre' Community
Park Project.
We request that the city reconsider re-bidding the project and award the Alga Norte' Community
Park Project to the lowest responsible bidder, which would be Bernards. Now is the time for the
city to act with financial responsibility. Why expose yourself to the potential of additional costs,
and schedule delays when you have a firm cost and a commitment from one of the premiere
contractors within the State of California for this project? Bernards knows that personal attention
to every client and an unyielding commitment to each project are vital to our success and we
want the City of Carlsbad to be successful in the building of the Alga Node' Community Park
Project, we appreciate your time and consideration in this matter.
Sino
Robert Cavecche
Regional Operation Manager