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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 1- M \^ 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 D D D D 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 DKAW 8VJ SCOTT EVANS, CARLSBAD EWGWEEfBNG D£PT. 9/7/06 H:\CAPtTAL WffiOVaCNf PKOGRAM\3637 ALGA NOKTE f>ARK\PUWS 4 £5W»7S\J8J7.DltC 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" III26 ///27 /// 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 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: /(SEAL) M. W0<®, City CI^SaJ^Q,, '' » *<• ."' ''/X •*- " NxN "",fi,,i^ 11/09/200? 13 58 F*X 85885?9«44 PUL UUNSlKUUiiUH 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 hOV 13 2007 10J09RH 861-942 7258 p. 1 ,-, i-<'/, ?oipiiigC^ Maffdftry Coostmetioji Corppratpfe . 7 e.v net » 20tO West Avanue K, #823 r, CA ^536 T •"*^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