HomeMy WebLinkAbout2025-01-14; City Council; Resolution 2025-003RESOLUTION NO. 2025-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REJECTING A BID PROTEST SUBMITTED BY CONSTRUCT 1 ONE
CORP., ACCEPTING THE BIDS RECEIVED AND AWARDING A CONSTRUCTION
CONTRACT TO EDWARDS CONSTRUCTION GROUP, INC. IN AN AMOUNT
NOT TO EXCEED $14,126,653.00 FOR THE MONROE STREET POOL
RENOVATION AND REPLACEMENT PROJECT, CAPITAL IMPROVEMENT
PROGRAM PROJECT NO. 4724
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to construct the Monroe Street Pool Renovation and Replacement
Project, Capital Improvement Program, or CIP, Project No. 4724, or Project; and
WHEREAS, the city contracted with LPA, Inc., a California corporation, an architectural and
engineering design firm to develop plans, specifications, and contract documents necessary to
complete the Project; and
WHEREAS, on Sept. 10, 2024, the City Council adopted Resolution No. 2024-214, approving the
plans, specifications and contract documents for the Project prepared by LPA, Inc., and authorizing the
City Clerk to advertise the construction documents for bidding; and
WHEREAS, the Carlsbad Municipal Code, or CMC, Sections 3.28.080(() and 3.28.080(1)(6)
require the City Council to award all formally bid contracts when the value exceeds $200,000, and
therefore, the Project is subject to this requirement; and
WHEREAS, on Dec. 12, 2024, staff received seven bids for construction of the Project; and
WHEREAS, staff have reviewed the bids and have found Edwards Construction Group, Inc. to be
a responsible bidder with a responsive bid in an amount not to exceed $14,126,653.00; and
WHEREAS, on Dec. 16, 2024, the third lowest bidder, Construct 1 One Corp., submitted a bid
protest alleging the bid submitted by Edwards Construction Group, Inc., was non-responsive because
a subcontractor was not listed for the structural steel work for the Project, and in the alternative, if
Edwards Construction Group, Inc. plans to self-perform the structural steel work itself, an 'A' or 'B'
California contractor's license classification is not sufficient ("Bid Protest"); and
WHEREAS, staff reviewed Edwards Construction Group, lnc.'s bid in light of the Bid Protest,
including its subcontractor's licensing and experience, for responsiveness; and
WHEREAS, Business and Professions Code Section 7059(b) provides that in public works
contracts the awarding authority determines the license classification necessary to bid and perform
the work; and
WHEREAS, staff reviewed the Bid Protest and determined that the Bid Protest lacks legal merit
because Edwards Construction Group, Inc. may either self-perform the structural steel work with a 'B'
California license, or in the alternative, may subcontract for the work, so long as the work is an amount
less than one-half of 1% of Edwards Construction Group, lnc.'s total bid amount, consistent with
Business and Professions Code Section 7057 and Public Contract Code Section 4104(a), respectively;
and
WHEREAS, staff recommend that the Bid Protest be rejected for lack of legal merit and the
contract be awarded to Edwards Construction Group, Inc.; and
WHEREAS, CMC Sections 3.28.040(()(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 is $1,695,198.00; and
WHEREAS, on July 19, 1977, the City Council certified the environmental impact report (EIR-
380) for the Monroe Street Pool, at the time identified as the "community swimming pool." The project
is within the scope of the prior environmental document and no further environmental documentation
is required per California Environmental Quality Act Guidelines Section 15162; and
WHEREAS, the conditional use permit (CUP-158) and the certified environmental impact report
(EIR-380) for the Community Swim Complex allowed for larger pool(s), building(s) and parking lots than
what was originally constructed. All applicable mitigation measures contained in the prior
environmental document have either been satisfied previously and/or were made conditions of
approval of the project's approved conditional use permit. There have not been substantial changes to
the circumstances under which the project is undertaken and there have been no new significant
environmental effects that would modify or change any mitigation measures; and
WHEREAS, the pool operates in conjunction with the existing school facility, and the proposed
changes do not result in new significant impacts or a substantial increase in the severity of previously
identified impacts because the site and neighborhood context have not changed. Projects constructed
by the school district since the pool was constructed have not impacted pool operations. The changes
to the pool will have no impact to the adjacent school facilities. The mitigation measures to reduce
impacts remain in place and are adequate to maintain the same level of significance studied in the
previous environmental impact report, therefore none of the situations in CEQA Guidelines Section
15162(a) exist and no additional environmental review is necessary. The certified environmental
impact report and mitigation measures are on file for review at the Planning Division; and
WHEREAS, the City Planner determined on Feb. 7, 2023, that the design concept was consistent
with the approved conditional use permit for the Community Swim Complex (the former name of the
Monroe Street Pool facility).
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 is rejected for lacking legal merit.
3. That the bid submitted by Edwards Construction Group, Inc. in an amount not to exceed
$14,126,653.00 for construction of the Monroe Street Pool Renovation and
Replacement Project, CIP Project No. 4724, is accepted, and the Mayor is hereby
authorized to execute a contract with Edwards Construction Group, Inc., subject to the
contract's review and approval as to form by the City Attorney's Office.
4. That the City Manager or designee is hereby authorized to approve construction change
orders for the Monroe Street Pool Renovation and Replacement Project, CIP Project No.
4724, up to an amount not to exceed $1,695,198.00.
5. 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, subject to their review and approval as to form by the City
Attorney's Office.
6. 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 14th day of January 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, SHIN .
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
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~SHERRY FREISINGER, City Clerk u-(SEAL)