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HomeMy WebLinkAbout2024-10-08; City Council; ; Denying a Bid Protest submitted by First Foundation, Inc., Accepting Bids and Awarding a Contract to Edwards Construction Group, Inc. for the Alga Norte Aquatic Center ReCA Review GH Meeting Date: Oct. 8, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: John Maashoff, Public Works Manager john.maashoff@carlsbadca.gov, 442-339-2856 Subject: Denying a Bid Protest submitted by First Foundation, Inc., Accepting Bids and Awarding a Contract to Edwards Construction Group, Inc. for the Alga Norte Aquatic Center Restroom and Locker Room Renovation Project and Awarding a Contract to California Waters Development, Inc. for the Alga Norte Aquatic Center Pool Replastering Project District: 2 Recommended Actions 1.Adopt a resolution denying a bid protest filed by First Foundation, Inc., accepting bids and awarding a contract to Edwards Construction Group, Inc. for construction of the Alga Norte Aquatic Center Restroom and Locker Room Renovation Project Schedule “A” in an amount not to exceed $446,873 and delegating authority to the City Manager to execute a change order to award Schedule “B,” or parts thereof, in an amount not to exceed $320,792. 2.Adopt a resolution accepting bids and awarding a contract to California Waters Development, Inc. for the Alga Norte Aquatic Center Pool Replastering Project in an amount not to exceed $1,534,522. Executive Summary The Alga Norte Aquatic Center’s, family restrooms, men’s and women’s locker rooms and swimming pools require significant renovation work. The City Council recently authorized soliciting construction bids for these projects, staff are now requesting that the City Council deny a bid protest for the Alga Norte Aquatic Center Restroom and Locker Room Renovation Project, accept the bids received and award two contracts for construction. For the Alga Norte Aquatic Center Restroom and Locker Room Renovation Project, staff are requesting award of the work in Schedule “A” of the project for an amount not to exceed $446,873. Staff are also requesting that the City Council delegate authority to the City Manager to execute a change order to award the work in Schedule “B,” or parts of it, in an amount not to exceed $320,792. Staff are also requesting award of a contract to California Waters Development, Inc. for the Alga Norte Aquatic Center Pool Replastering Project in an amount not to exceed $1,534,522. Oct. 8, 2024 Item #5 Page 1 of 27 Carlsbad Municipal Code Sections 3.28.080(C) and 3.28.080(I)(6), which cover purchasing in construction contracts, require the City Council’s approval for all formally bid contracts when the value exceeds $200,000, making the project subject to this requirement. Explanation & Analysis The Alga Norte Aquatic Center, located at 6565 Alicante Road as shown in Exhibit 5, includes a competition pool with a surface area of 14,098 square feet, an instructional pool with a 7,884 square-foot surface area and a hydrotherapy spa with a 250 square-foot surface area that require resurfacing. Adjoining the pools in the Aquatic Center are family restrooms and locker rooms that need repairs and rebuilding. Staff will schedule the renovation of the family restrooms and locker rooms at the same time as the pool replastering to minimize public disruption. The two projects are both ready to move into the construction phase, and staff recommend concurrent construction. Restroom and Locker Room Renovation Project Bidding process The City Council, approved the plans, specifications and contract documents for the restroom and locker room renovation project, Capital Improvement Program Project No. 4756, on July 23, 2024, authorizing the City Clerk to publish a notice to contractors inviting bids (Resolution No. 2024-187). The request for bids included multiple bid schedules: •Schedule “A” is for refurbishment of the family restrooms and the shower enclosure portions of the men’s and women’s locker room, and all required accessibility improvements. The Schedule “A” scope of work was developed based on documented destructive testing and includes all known needed repairs within the restrooms and locker rooms. •Schedule “B” includes the floor tile system and drain within each locker room and was included as an additional scope of work should destructive testing determine that the drain and tile system need to be removed and replaced. A graphic depiction of the work areas covered under each bid schedule is provided in Exhibit 3. Staff received five bids for construction of the restroom and locker room renovation project on Aug 22, 2024. Staff reviewed the contract documents and determined that Edwards Construction Group, Inc. is a responsible bidder and had submitted the lowest responsive bid, with a bid in an amount for the Schedule “A” work of $446,873. Staff are recommending that the City Council award a contract for the Schedule “A” scope of work and delegate to the City Manager the authorization to execute a construction change order to award the Schedule “B” work, or parts thereof, should it be necessary to perform that scope of work. The Edwards Construction Group, Inc. submitted a bid to perform the Schedule “B” work for $320,792. Due to the tight time constraints in which the work needs to be completed from November 2024 to mid-February 2025, staff are requesting the City Council authorize the City Manager to execute a construction change order to award the contract for the Schedule “B” work, as needed, to ensure the work is completed as soon as possible. Oct. 8, 2024 Item #5 Page 2 of 27 Bid protest On Aug. 27, 2024, one bid protest was received from First Foundation, Inc., the second lowest bidder. The bid protest asserted that the bid submitted by Edwards Construction Group, Inc. was non-responsive because Edwards Construction Group, Inc. did not comply with the contract’s Section 07 14 00, which requires the fluid-applied waterproofing applicator be a company specializing in the application of specified waterproofing with five years minimum documented experience and approved by the manufacturer. Edwards Construction Group, Inc. listed a subcontractor in its bid for tile and waterproofing work, Continental Marble & Tile. Staff checked its references and determined that Continental Marble & Tile, a California-licensed contractor that recently celebrated its 100th year in business, is a company that specializes in waterproofing and tile installation work, is well qualified and satisfies the bid requirements. The bid protest correspondence and the city’s response to the protest are provided as Exhibit 4. Pool Replastering Project The City Council approved the plans, specifications, and contract documents for the Alga Norte Aquatic Center Pool Replastering Project, Capital Improvement Program Project No. 4733, on July 23, 2024, authorizing the City Clerk to publish a notice to contractors inviting bids (Resolution No. 2024-186). The request for bids included two bid schedules. Schedule “A” covers all work associated with the 56-meter competition pool and the 25-yard instructional pool, and Schedule “B” was for the warm water spa. Staff received three bids for construction of the Aquatic Center Pool Replastering Project on Aug. 21, 2024. Staff reviewed the contract documents and determined that California Waters Development, Inc., is a responsible bidder and submitted the lowest responsive bid in an amount of $1,534,522 for both the Schedule “A” and Schedule “B” scopes of work. Staff are recommending that the City Council award a contract for both the Schedule “A” and Schedule “B” work, replastering all three aquatic facilities Edwards Construction Group, Inc. and California Waters Development, Inc., were both found to be responsive because their respective bids met the requirements of the bidding documents and responsible because they submitted a list of similar projects to show their capability and qualifications to perform the specified work for their respective projects. Fiscal Analysis The Alga Norte Aquatic Center Restroom and Locker Room Renovation Project, Capital Improvement Program Project No. 4756, is funded by the settlement agreement with the facility’s original general contractor and the General Capital Construction Fund. Sufficient funding is available to award both contracts. Carlsbad Municipal Code Sections 3.28.040(C)(5) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which for Project No. 4756 is $67,000, or up to $115,000, if Schedule “B” is executed. Oct. 8, 2024 Item #5 Page 3 of 27 Alga Norte Aquatic Center Restroom and Locker Room Renovation Project Capital Improvement Program Project No. 4756 Total appropriation to date $1,983,192 Total expenditures and encumbrances to date -$206,896 Total available balance $1,776,296 Construction contract – Edwards Construction Group, Inc. -$446,873 Construction contingency -$67,000 Construction management, inspection and testing (estimated) -$150,000 Schedule “B” scope of work (if needed) -$320,792 Schedule “B” construction contingency (if needed) -$48,000 Total estimated construction costs -$1,032,665 Remaining balance $743,631 The Alga Norte Aquatic Center Pool Replastering Project, Capital Improvement Program Project No. 4733, is funded with the General Capital Construction and Infrastructure Replacement funds. Sufficient funding is available to award the contract. Carlsbad Municipal Code Sections 3.28.040(C)(5) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which for Project No. 4733 is $154,000. Alga Norte Aquatic Center Pool Replastering Project Capital Improvement Program Project No. 4733 Total appropriation to date $2,911,464 Total expenditures and encumbrances to date -$273,464 Total available balance $2,638,000 Construction contract – California Waters Development, Inc. -$1,534,522 Construction contingency -$154,000 Construction management, inspection and testing (estimated) -$65,000 Total estimated construction costs -$1,753,522 Remaining balance $884,478 Next Steps Once the City Council accepts the bids and awards the construction contracts, staff will issue purchase orders for both projects, schedule a pre-construction meeting with the contractors and issue a notice to proceed for construction of both projects. Work is expected to commence in November 2024. Each of the contract documents provides for approximately three months for construction, with an estimated completion date by Feb. 15, 2025. A notice of completion will be recorded to release the bonds issued for the projects once they are completed. Oct. 8, 2024 Item #5 Page 4 of 27 Environmental Evaluation The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that the two projects belong to a class of projects that the California Secretary for Natural Resources has found do not have a significant impact on the environment, and they are therefore categorically exempt from the requirement for the preparation of environmental documents under Section 15301 (d) Class 1 of the California Environmental Quality Act Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the CEQA Guidelines do not apply to these projects. The projects are consistent with 15301 (d) Class 1 because they consist of maintenance of public facilities, such as restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. Exhibits 1.City Council resolution – Alga Norte Aquatic Center Restroom and Locker Room Renovation Project 2.City Council resolution – Alga Norte Aquatic Center Pool Replastering Project 3. Restroom and Locker room contract bid schedule work areas 4.Bid protest and city response 5.Location map Oct. 8, 2024 Item #5 Page 5 of 27 RESOLUTION NO. 2024-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A BID PROTEST FILED BY FIRST FOUNDATION, INC., ACCEPTING BIDS AND AWARDING A CONTRACT TO EDWARDS CONSTRUCTION GROUP, INC., FOR CONSTRUCTION OF THE ALGA NORTE AQUATIC CENTER RESTROOM AND LOCKER ROOM RENOVATION PROJECT SCHEDULE "A" IN AN AMOUNT NOT TO EXCEED $446,873 AND DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO AWARD SCHEDULE "B," OR PARTS THEREOF, IN AN AMOUNT NOT TO EXCEED $320,792 WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct the Alga Norte Aquatic Center Restroom and Locker Room Renovation Project, Capital Improvement Program, or CIP, Project No. 4756; and WHEREAS, on July 23, 2024, the City Council adopted Resolution No. 2024-187, approving plans, specifications and construction documents and authorizing advertisement for construction bids for the project; and WHEREAS, Public Contracting Code Section 20103.8 allows the city to require a bid for a public works contract that includes prices for items that may be added to, or deducted from, the scope of work; and WHEREAS, the plans, specifications and contract documents were advertised for bids using the city's formal bidding procedures on July 24, 2024; and WHEREAS, on Aug. 22, 2024, staff received five bids for construction of the project; and WHEREAS, Edwards Construction Group, Inc., was determined to be a responsible bidder and submitted the lowest responsive bid to construct the project, in an amount not to exceed $446,873 for Schedule "A" work; and WHEREAS, on Aug. 27, 2024, the second lowest bidder, First Foundation, Inc., filed a bid protest alleging the bid submitted by Edwards Construction Group, Inc. was non responsive; and WHEREAS, staff reviewed Edwards Construction Group, lnc.'s bid, including its subcontractor's licensing and experience, for responsiveness; and WHEREAS, staff determined that the protester's request to find the bid nonresponsive was unfounded; and WHEREAS, staff recommend that the bid protest by the second lowest bidder First Foundation, Inc. be denied and the contract be awarded to Edwards Construction Group, Inc.; and Exhibit 1 Oct. 8, 2024 Item #5 Page 6 of 27 WHEREAS, sufficient funding is available in CIP Project No. 4756 to complete the project; and WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.080(() and 3.28.080(1)(6), covering purchasing in construction contracts, require the City Council to award all formally bid contracts when the value exceeds $200,000; and WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090(8) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which is $67,000 for Schedule "A" of the project; and WHEREAS, staff request that the City Council delegate authority to the City Manager to execute the Schedule "B" work, or portions thereof, as a construction change order, in an amount not to exceed $320,792, and in doing so will increase the authorized construction contingency set at the time of project award to $115,000 for both Schedules "A" and "B" of the project; and WHEREAS, the City Planner has determined that the project is exempt from the California Environmental Quality Act, or CEQA, Guidelines Section 15301(d), which applies to the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, and that no exception to the exemption as set forth in CEQA Guidelines Section 15300.2 applies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the bid protest of the second lowest bidder, First Foundation, Inc., is denied. 3.That the lowest responsible and responsive bid of $446,873 submitted by Edwards Construction Group, Inc., for construction of Schedule "A" of the Alga Norte Aquatic Center Restroom and Locker Room Renovation Project, CIP Project No. 4756, is accepted, and the Mayor is authorized to execute the contract for the project (Attachment A). 4.That the City Manager or designee is authorized to approve construction change orders up to $67,000 for the Schedule "A" scope of work included in the project. 5.That the City Manager or designee is authorized to approve change orders to award the Schedule "B" contract work, not to exceed $320,792, should it be determined necessary to perform that scope of work. Oct. 8, 2024 Item #5 Page 7 of 27 6.That the City Manager or designee is authorized to approve additional construction change orders for the Schedule "B" contingency contract work in an amount not to exceed $48,000, for a total change order authority of $368,792 for Schedule "B," should it be necessary to perform the work in Schedule "B". 7.That the City Manager or designee is authorized to sign all other documents necessary for regulatory compliance, to extend funding opportunities, or to otherwise implement and finalize the project, all of which are subject to review and approval as to form by the City Attorney's office. 8.That the award of this contract is contingent upon Edwards Construction Group, Inc. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days after adoption of this Resolution. The City Manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of October, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Oct. 8, 2024 Item #5 Page 8 of 27 00 52 00 CONTRACT This Project tJo· 4756 ("Contract") is made and entered into this /if /J,c day of Oc ·tz7�t , 2024, by and between the City of Carlsbad, California, a California municipal corporation ("Agency") and Edwards Construction Group, Inc., a California corporation ("Contractor"), whose principal place of business is 4350 Executive Dr Suite 250, San Diego, CA 92121. The parties agree: 1.SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all the Work required in strict compliance with the Contract Documents for the following Project: NAME OF PROJECT: Alga Norte Aquatic Center Restroom and Locker Room Repairs The Contractor and its surety shall be liable to the Agency for any damages arising as a result of the Contractor's failure to comply with the obligation described in this Section 1. 2.TIME OF COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Agency's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within seventy-five (75) Calendar Days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 3.CONTRACT PRICE. The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of four hundred forty six thousand eight hundred seventy two dollars seventy two cents ($446,872.72). Payment shall be made as set forth in the General Conditions. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The Agency shall withhold retention as required by Public Contract Code Section 9203. 4.LIQUIDATED DAMAGES. In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and every Calendar Day of delay beyond the time of completion prescribed in this Contract as Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor agrees the Agency may deduct that amount from any money due or that may become due the 00 52 00 CONTRACT Document Version: 1.0 Page 48 Date Printed: September 4, 2024 Current Update: May 2023 Attachment A Oct. 8, 2024 Item #5 Page 9 of 27 Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. 5.CONTRACT DOCUMENTS. The "Contract Documents" include the following: •00 11 10 Notice Inviting Bids •00 21 10 Instructions to Bidders •00 41 00 Bid Form •00 42 10 Bid Bond or 00 43 20 Bid Security •00 43 30 Proposed Subcontractors •00 43 40 Bidder Information and Experience •00 45 10 Non-Collusion Affidavit •00 45 15 Iran Contracting Act Certification •00 45 20 Public Works Contractor Registration Certification •00 45 30 Statement of Regarding Debarment •00 45 35 Disclosure of Discipline Record •00 52 10 Contract •00 6110 Labor and Materials Bond •00 61 20 Faithful Performance and Warranty Bond •00 61 30 Optional Escrow Agreement (if applicable) •00 73 00 Supplemental General Provisions •Technical Specifications for the Project •All Addenda •Plans and Drawings •Permits •00 74 00 Supplemental Technical Provisions •"Standard Specifications and Drawings," as last revised •Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata o Part 1 General Provisions o Part 2 to Part 8 (Construction Materials, Construction Methods, Existing Improvements, Pipeline System Rehabilitation, Temporary Traffic Control, Street Lighting and Traffic Signal Systems, Landscaping and Irrigation) •Standard Plans for Public Works Construction, latest edition and including all errata •Applicable Local Agency Standards and Specifications, as last revised •Approved and fully executed change orders 00 52 00 CONTRACT Document Version: 1.0 Page 49 Date Printed: September 4, 2024 Current Update: May 2023 Oct. 8, 2024 Item #5 Page 10 of 27 •Any other documents contained in or incorporated by reference into the Contract Documents The Contractor shall complete the Work in strict accordance with the Contract Documents. The requirements of the various sections or documents comprising the Contract Documents are intended to be complementary. Work required by 1 of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. 6.PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the Labor Code and Public Contract Code which are applicable to the Work. 7.INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency Supplemental General Provisions. 8.PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. 00 52 00 CONTRACT Document Version: 1.0 {signatures on following page} Page SO Date Printed: September 4, 2024 Current Update: May 2023 Oct. 8, 2024 Item #5 Page 11 of 27 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR Edwards Construction Group, Inc., a California corporation (sign here) Brad Edwards, President & Treasurer (print name/title) By: (sign here) (print name/title) City of Carlsbad, California, a California municipal corporation By: Keith Blackburn, Mayor ATTEST: for Sherry Freisinger, City Clerk If required by the Agency, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the following 2 groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney END OF SECTION 1../QlC I tllll(;U •• ,.11::::...,l-C:IIIUCI ""t1 LUL""t Document Version: 1.0 Current Update: May 2023 Page 51 Oct. 8, 2024 Item #5 Page 12 of 27 {},u aJ Lv6 fr 11,,,1\,11 .JL UV \..VIV 11\M ..... I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo On ___ S=e�p�te�m-'-=b�e�r�9�thi•=2�0=24--=-----before me, Steven Funkhouser, Notary Public (0ateJ personally appeared (Insert Name and Title of the Officer) Brad Edwards (Name(s) of Signer(s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign�� (Signature of Notary Public) ----I ft ft ft • ft ft ft ft • ft ft f•STEVEN FUNKHOUSER� Notary Public • California zi i Santa Barbara County � ◄ Commission # 2491688 My Comm. Expires Jun 23, 2028 Place Notary Seal and/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer -Title(s): [J Partner-[ J Limited D General rJ Individual U Attorney in Fact [J Trustee [ l Guardian or Conservator [J Othe1: Signer is Representing: ©2024 Red Tape Foundation a 501 (c)(3) nonprofit Public Benefit corporation Number of Pages:_ Signer's Name: □Corporate Officer-Title(s): D Partner - D Limited O General D Individual □Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Representing: Oct. 8, 2024 Item #5 Page 13 of 27 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On October 9, 2024 before me, Sheila R. Cobian, Notary Public (insert name and title of the officer) personally appeared Keith Blackburn who proved to me on the basis of satisfactory evidence to be the �onfsrwhose name�)ar.e­ ��:,rt� the within instrument and acknowl�d to me tha(b.e1shelthey executed the same in uthorized capacity�and that b�/-1:lefl-tl=leir signature(ston the instrument the person� the entity upon behalf of which the perso� acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur� ®=-:: (Seal) Oct. 8, 2024 Item #5 Page 14 of 27 SHEILA R. COBIAM otary P\Jblic • California San Di~ County Commission JI 239 3059 Comm. Expires Feb 6, 2026 ---' RESOLUTION NO. 2024-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT TO CALIFORNIA WATERS DEVELOPMENT, INC., FOR CONSTRUCTION OF THE ALGA NORTE AQUATIC CENTER POOL REPLASTERING PROJECT IN AN AMOUNT NOT TO EXCEED $1,534,522 WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct the Alga Norte Aquatic Center Pool Replastering Project, Capital Improvement Program, or CIP, Project No. 4733; and WHEREAS, on July 23, 2024, the City Council adopted Resolution No. 2024-186, approving plans, specifications and construction documents and authorizing advertisement for construction bids for the project; and WHEREAS, the plans, specifications and contract documents were advertised for bids using the city's formal bidding procedures on July 24, 2024; and WHEREAS, on Aug. 21, 2024, staff received three bids for construction of the project; and WHEREAS, California Waters Development, Inc., was determined to be a responsible bidder and submitted the lowest responsive bid to construct the project, in an amount of $1,534,522; and WHEREAS, sufficient funding is available in CIP Project No. 4733 to complete the project; and WHEREAS, Carlsbad Municipal Code, or CMC, Sections 3.28.080(() and 3.28.080(1)(6), covering purchasing in construction contracts, require the City Council to award all formally bid contracts when the value exceeds $200,000; and WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090(8) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which is estimated to be $154,000 for the project; and WHEREAS, the City Planner has determined that the project is exempt from the California Environmental Quality Act, or CEQA, Guidelines Section 15301(d), which applies to the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, and that no exception to the exemption as set forth in CEQA Guidelines Section 15300.2 applies. Exhibit 2 Oct. 8, 2024 Item #5 Page 15 of 27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the lowest responsible and responsive bid of $1,534,522 submitted by California Waters Development, Inc. for construction of the Alga Norte Aquatic Center Pool Replastering Project is accepted, and the Mayor is authorized to execute the contract for the project (Attachment A). 3.That the City Manager or designee is authorized to approve construction change orders up to $154,000 for the project. 4.That the award of this contract is contingent upon California Waters Development, Inc. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days after adoption of this Resolution. The City Manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of October, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. SHERRY FREISINGER, City Clerk (SEAL) Oct. 8, 2024 Item #5 Page 16 of 27 ~ KEITH BLAcl 1JRN,Mayor •• 00 52 00 CONTRACT This P,'{ect No. 4733 ("Contract") is made and entered into this q -fl day ofU e,-{t,� ( , 2024, by and between the City of Carlsbad, California, a California municipal corporation ("Agency") and California Waters Development, Inc., a California corporation d.b.a. California Waters ("Contractor"), whose principal place of business is 23311 E. La Palma Ave., Yorba Linda, CA 92887. The parties agree: 1.SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all the Work required in strict compliance with the Contract Documents for the following Project: NAME OF PROJECT: Alga Norte Park Pool Replaster The Contractor and its surety shall be liable to the Agency for any damages arising as a result of the Contractor's failure to comply with the obligation described in this Section 1. 2.TIME OF COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Agency's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within seventy-five (75) Calendar Days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 3.CONTRACT PRICE. The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of one million five hundred thirty four thousand five hundred twenty-two Dollars ($1,534,522.00). Payment shall be made as set forth in the General Conditions. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The Agency shall withhold retention as required by Public Contract Code Section 9203. 4.LIQUIDATED DAMAGES. In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and every Calendar Day of delay beyond the time of completion prescribed in this Contract as Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor agrees the Agency may deduct that amount from any money due or that may become due the 00 52 00 CONTRACT Document Version: 1.0 Page SO Date Printed: September 3, 2024 Current Update: December 2023 Attachment A Oct. 8, 2024 Item #5 Page 17 of 27 Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. 5.CONTRACT DOCUMENTS. The "Contract Documents" include the following: •00 11 10 Notice Inviting Bids •00 21 10 Instructions to Bidders •00 41 00 Bid Form •00 42 10 Bid Bond or 00 43 20 Bid Security •00 43 30 Proposed Subcontractors •00 43 40 Bidder Information and Experience •00 45 10 Non-Collusion Affidavit •00 45 15 Iran Contracting Act Certification •00 45 20 Public Works Contractor Registration Certification •00 45 30 Statement of Regarding Debarment •00 45 35 Disclosure of Discipline Record •00 52 10 Contract •00 6110 Labor and Materials Bond •00 61 20 Faithful Performance and Warranty Bond •00 61 30 Optional Escrow Agreement (if applicable) •00 73 00 Supplemental General Provisions •Technical Specifications for the Project •All Addenda •Plans and Drawings •Permits •00 74 00 Supplemental Technical Provisions •"Standard Specifications and Drawings," as last revised •Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata o Part 1 General Provisions o Part 2 to Part 8 (Construction Materials, Construction Methods, Existing Improvements, Pipeline System Rehabilitation, Temporary Traffic Control, Street Lighting and Traffic Signal Systems, Landscaping and Irrigation) •Standard Plans for Public Works Construction, latest edition and including all errata •Applicable Local Agency Standards and Specifications, as last revised •Approved and fully executed change orders 00 52 00 CONTRACT Document Version: 1.0 Page 51 Date Printed: September 3, 2024 Current Update: December 2023 Oct. 8, 2024 Item #5 Page 18 of 27 •Any other documents contained in or incorporated by reference into the Contract Documents The Contractor shall complete the Work in strict accordance with the Contract Documents. The requirements of the various sections or documents comprising the Contract Documents are intended to be complementary. Work required by 1 of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. 6.PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of •applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the Labor Code and Public Contract Code which are applicable to the Work. 7.INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency Supplemental General Provisions. 8.PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. 00 52 00 CONTRACT Document Version: 1.0 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 52 Date Printed: September 3, 2024 Current Update: December 2023 Oct. 8, 2024 Item #5 Page 19 of 27 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR California Waters Development, Inc., a California corporation d.b.a. California Waters ' (sign here) (print name/title) By: (sign here) (print name/title) City of Carlsbad, California, a California municipal corporation By: Keith Blackburn, Mayor ATTEST: Ou � fr for Sherry Freisinger, City Clerk If required by the Agency, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the following 2 groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE 00 52 00 CONTRACT Document Version: 1.0 • Page 53 Date Printed: September 3, 2024 Current Update: December 2023 Oct. 8, 2024 Item #5 Page 20 of 27 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 00801 i5 j J j 0009@0:( i10 mrni: Pl• ge ,f"' 5 )/&0 C &GO@ B lt®8&rJ - □ -e A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo� } • County of � • On fd.. ,a,:;.,,� y before me� A (!::it"· b_e,,'n, I hllnry /t6I, C• Date .I 1 � . 1/'IJ�ny Her�,�1.�:e and Title of the <?fficer personally appeared ./VfM,fL--{I_'C--'-1i � . N� e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso�hose name(-Hs/a�subscribed to the within instrument and acknowledged to me that he/slile/thffy executed the same in his/he!'fthetf • authorized capacity(i�. and that by his/heritMfr signature(s,on the instrument the person�. or the entityupon behalf of which the person(�acted, executed the instrument. AAIABEL 8. �OJEDO·C·OMCEPCION -; Notary Public • Californta . , : Orange County ! Commission II 2356831 My Comm. Expires May 10, 2025 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ....c,t;,,...."-�---�...,..,�,__•--'-�-�--� -�-�--,.-�-� Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -------------------::::..-.:c..__ _______ _ Document Date: ________________ ---:';;;,,,""""-- Signer(s) Other Than Named Above:-------:::_,.,-,:.=-------------------­ Capacity(ies) Claimed by Signer(s) Signer's Name: _______ ""7'.,c_ __ � □Corporate Officer - Title(s): -,,""'------□Partner -□ Limited □eral □Individual Attorney in Fact • □Trustee □ Guardian or ConservatorD Other: ---='--------------Signer is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -□ Limited □ General □Individual □Attorney in Fact□Trustee □ Guardian or ConservatorD Other:Signer is Representing: _________ _ iiJ&D€ 5800:08( 00a Of JO& 1M4f0BSl)Ui!ilt00Ufl900B J f. 2 oe GOd{iAdfGaa § @ BO i Q §660: j D@®@ Jen 5 5 no� ©2019 National Notary Association Oct. 8, 2024 Item #5 Page 21 of 27 l O □ 2 ~~ C [ ~ E 5 D Bl! J 18'1!1~'::. •••• ♦ ••• f i ~ ........ f ~ ~mberof Pages: ___ _ ! I I S I J 66 11 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate isattached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaCounty of San Diego On October 9, 2024 before me, Sheila R. Cobian, Notary Public (insert name and title of the officer) personally appeared Keith Blackburn who proved to me on the basis of satisfactory evidence to be the person_£s1-whose nam$@are­bscribed to the within instrument and acknowle�d to me that�y executed the same in (ber/their authorized capacity�d that by�b.er:/theiF signature(srt>n the instrument theson(s), or the entity upon betialf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct. WITNESS my hand and official seal. Signature,� a.J:h:ffi(hR){� (Seal) Motary PIJblic • California a S.n DI* County �Commission f 2393059 11tf Comm. ExpirH Feb 6, 2026 Oct. 8, 2024 Item #5 Page 22 of 27 L I _______ ) C:,-.. eeoooo -- HA L I T E P L MICA RD KYANITEPL POINSE T T I A L N A L I C A N T E R D Copyright nearmap Exhibit 3LOCATION MAP PROJECT NAME EXHIBIT 3ALGA NORTE AQUATIC CENTER RESTROOM AND LOCKER ROOM RENOVATION AND POOL REPLASTER PROJECTS $!Å **#5$ **#5$·|}þ78 VISTA ENCINITAS SAN MARCOS S.D. COUNTY OCEANSIDE PACIFICOCEAN T A M ARACKAV LACO STAAV POIN S E T TI A L N C A R L S B A D B L ELCA MIN O REALA V I A R APY ALGA R D CANNON R D Created By: Sara Jadhav 3/26/2024 J:\SaraJadhav_Customers\MollyAmendt\AlgaNorteAquaicRenovationProject\LocationMap-4756.mxd SITE LOCATION $!Å PROJECT NUMBERS 4756/4733 Oct. 8, 2024 Item #5 Page 23 of 27 Schedule "A"Schedule "A" Schedule "A" Restroom and Locker Room Renovation Project Contract Schedules ([KLELW Oct. 8, 2024 Item #5 Page 24 of 27 .. ., ........ . ... • • • • • • • • • J __ .l ==I --T I I I I I I I I I I __ .l •••••••••••••••••••••••••••••• • • • • • • • • • Oct. 8, 2024 Item #5 Page 25 of 27 From: Ben Seyed <fsfoundation4@gmail.com> Sent: Thursday, August 22, 2024 4:02 PM To: Janean Hawney <janean.hawney@carlsbadca.gov> Subject: Alga Norte Aquatic Center Restroom and Locker Room Repairs PWS24-2254FAC Drae Ms Janean, First of all thank you very much for taking my call and listening to me patiently. Base on project Technical specification "SECTION 07 14 00 – FLUID-APPLIED WATERPROOFING" line 1.4 B "Applicator: Company specializing in application of specified waterproofing with 5 years minimum documented experience and approved by manufacturer " The appearance low bidder " Edwards Construction Group, Inc." does not list any approved applicator in his subcontractor list for waterproofing; the cost of waterproofing is very above 0.5% bid amount and based on section 00 21 10 line 17 the contractor should list the subcontractor above 0.5% of the bid amount. I was wondering if you would review this and let us know if we can file a protest on this or not. Here is the response email from CIM with the list of approved applicator sincerely Ben Seyed First Foundation 949-300-2751 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Exhibit 5 Oct. 8, 2024 Item #5 Page 26 of 27 Thanks Ben, As requested, please review the list below for Waterproofing contractors that have attended and completed the CIM training class in the San Diego area. 1) Beamish Waterproofing-Rob Gilman-858-603-6187; 858-603-9620 2) Magnesite Specialties-Jimmy-619-654-1489 3) Angelus Waterproofing-David Felix-619-607-8700 Feel free to contact anytime for any assistance that we may provide 0 4 Eiiiisea1· aC.1.M. Industries Cl{;}. CHASE 1{::..:: Construction Products We make a mater/a/ difference Dean Linthicum I Western Regional Manager, CIM Industries I Chase Construction Products Chase Corporation nJJ_l):l.~tr.~~Ll.P.~J.~.~~<?.c9.~.Rb,.f'l.l:! .. Q.~'.'l~?. I Cell: 2~\M.Q.~,J~n I Email: dlinthicum@chasecorp.com I Web: www.chasecorp.com cimindustries.com Chase YouTube Channel https://www.youtube.com/channel/UCINSBjboOV 9hpYrSbOrqEw? view as=subscriber Public Works Branch Contract Administration 1635 Faraday Avenue  Carlsbad, CA 92008 September 4, 2024 Via Email to: fsfoundation4@gmail.com Mr. Ben Seyedin First Foundation 225042 Mawson Dr. Laguna Hills, CA 92653 Re: Response to Protest for PWS24-2254FAC; Alga Norte Aquatic Center Restroom and Locker Room Repairs; Contract No. 4756 We received your email dated August 26, 2024 (“Email”), protesting the intent to award the contract titled “Alga Norte Aquatic Center Restroom and Locker Room Repairs” to the low bidder, Edwards Construction Group, Inc. In your Email you provide that Edwards Construction Group, Inc., did not comply with Section 07 14 00 – Fluid-Applied Waterproofing, because they did not have 5 years minimum experience and manufacturer approval. Please be assured that it is standard procedure at the city of Carlsbad, to check all sub-contractor qualifications and this bid is no different. The city was able to confirm that the sub-contractor in question, Continental Marble & Tile Company, meets or exceeds the requirements in the city’s bid documents. The city has confirmed that Edwards Construction Group, Inc., submitted a responsive bid and met all of the criteria set forth in the bid documents. City staff intends to ask the City Council to award the Alga Norte Aquatic Center Restroom and Locker Room Repairs project to Edwards Construction Group, Inc. We appreciate you raising this concern and hope to receive future bids from First Foundation. Sincerely, Janean Hawney Contract Administrator cc: John Maashoff, Public Works Manager Oct. 8, 2024 Item #5 Page 27 of 27 {'city of Carlsbad