HomeMy WebLinkAbout2017-01-24; City Council; Resolution 2017-014EXHIBIT 1
RESOLUTION NO. 2017-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AWARDING A CONTRACT FOR THE PINE AVENUE PARK
COMMUNITY CENTER AND GARDENS PROJECT (CIP NO.4603)TO
BARNHART REESE CONSTRUCTION,INC.IN AN AMOUNT NOT TO
EXCEED $8,461,224;RELIEVING TOVEY-SHULTZ CONSTRUCTION,INC.
OF ITS BID; AND APPROPRIATING $973,040 IN ADDITIONAL FUNDS FOR
CONSTRUCTION CONTINGENCY.
WHEREAS,the City Council of the City of Carlsbad,California,has determined it necessary,
desirable,and in the public interest to construct the park improvements for the Pine Avenue Park
Community Center and Gardens Project (CIP No. 4603) ("Project"); and
WHEREAS, on October 25, 2016, the City Council adopted Resolution No. 2016-219 approving
the contract documents, plans, provisions and specifications, and authorizing the City Clerk to advertise
the Project for bids; and
WHEREAS, on December 15, 2016, five bids were received; and
WHEREAS, on December 19, 2016, Tovey-Schultz Construction, Inc., the apparent low bidder,
submitted a timely request to withdraw its bid due to a material error in its bid spreadsheet in
compliance with California Public Contract Code sections 5101 and 5103; and
WHEREAS,staff is therefore recommending the City Council relieve Tovey-Schultz Construction,
Inc.of its bid; and
WHEREAS,Barnhart Reese Construction, Inc., the next apparent low bidder, submitted a bid in
the amount of $8,461,224 that was determined to be responsive and responsible despite a minor,
waivable irregularity under Carlsbad Municipal Code section 3.28.080(G)(3),in failing to submit an
energy system's performance report; and
WHEREAS,staff is recommending the City Council award of a contract to Barnhart Reese
Construction,Inc. in an amount not to exceed $8,461,224; and
WHEREAS,sufficient funds for the base bid, in the amount of $8,461,224, are available in this
Project's FY 2016-17 CIP budget; and
WHEREAS, an appropriation of additional funds from the Public Facility Fee Fund (PFF), in the
amount of $973,040, to this Project's budget,is requested for construction contingency (11.5% of base
bid); and
WHEREAS,subsection 3.28.040(C)(5)of the Carlsbad Municipal Code authorizes the City
Manager to approve change orders in the amount equal to the contingency set at the time of project
award.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as
follows that:
1.The above recitations are true and correct.
2.Tovey-Schultz Construction,Inc.is relieved of its bid for the Pine Avenue Community
Center and Gardens Project (CIP No. 4603).
3.Barnhart Reese Construction,Inc.is determined to be the lowest responsive,
responsible bidder, and the failure to include an energy system's performance report
with its bid is determined to be a minor, waivable irregularity.
4.The Mayor is hereby authorized and directed to execute a contract with Barnhart Reese
Construction, Inc., for the construction of the Pine Avenue Park Community Center and
Gardens Project (CIP No.4603)in accordance with the contract documents,plans,
provisions,and specifications referred to herein,in an amount not to exceed
$8,461,224.
5.The City Manager is hereby authorized to approve construction change orders, singly
or in aggregate, up to $973,040 for the Project.
6.The award of this contract is contingent upon Barnhart Reese Construction,Inc.
executing the required contract and submitting the required bonds and insurance
policies,as described in the contract,within 20 working days of adoption of this
resolution. The City Manager may grant reasonable extensions of time.
7.The Administrative Services Director is hereby directed to appropriate additional funds
from the Public Facility Fee Fund (PFF),in the amount of $973,040, to the Project's
budget.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of January, 2017, by the following vote, to wit:
AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard.
NOES:None.
ABSENT:None.
A179
-I/01MHALL, Mayor
AVUL)&4>eZh4;—tr)BARBARA ENGLESON, City CI k
(SEAL)
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