Loading...
HomeMy WebLinkAbout2024-10-08; City Council; Resolution 2024-225RESOLUTION 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 NOTTO 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, Capita l 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 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. 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. V KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) 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 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 1110 Notice Inviting Bids • 00 2110 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 • 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 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 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--=----- (0ateJ personally appeared before me, Steven Funkhouser, Notary Public (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 in strument 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 z i 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: 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)