HomeMy WebLinkAbout2026-02-24; City Council; Resolution 2026-045Exhibit 1
RESOLUTION NO. 2026-045 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING THE REVISED PLANS, SPECIFICATIONS AND
CONTRACT DOCUMENTS, ACCEPTING BIDS AND AWARDING A
CONSTRUCTION CONTRACT TO BRIGHTVIEW LANDSCAPE
DEVELOPMENT, INC., FOR THE VETERANS MEMORIAL PARK PROJECT,
CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 4609, AND THE
FARADAY AVENUE IMPROVEMENTS PROJECT, CAPITAL IMPROVEMENT
PROGRAM PROJECT NO. 6099, IN AN AMOUNT NOT-TO-EXCEED
$38,898,398.80.
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to construct the Veterans Memorial Park Project (capital
improvement program, or CIP, Project No. 4609) and the Faraday Avenue Improvements Project (CIP
Project No. 6099); and
WHEREAS, on July 26, 2022, the City Council adopted the final Veterans Memorial Park Master
Plan, made a finding of compliance with the Growth Management Plan and Citywide Facilities and
Improvements Plan Parks Performance Standard and adopted the related environmental findings; and
WHEREAS, of the 93.7-acre park property, 38.82 acres will be developed, and 54.88 acres will
remain designated as hardline habitat preserve areas; and
WHEREAS, key elements of the park project include honoring veterans for their service,
minimizing environmental impact, and celebrating the site’s natural beauty and scenic views; and
WHEREAS, the Veterans Memorial Park traffic study provided recommendations for access to
the park along Faraday Avenue; and
WHEREAS, striping will be implemented along Faraday Avenue to accommodate enhanced bike
lanes with buffers, and green paint will be used to highlight areas where vehicle and bike traffic may
conflict to draw the attention of both cyclists and drivers and enhance bike access to the new park; and
WHEREAS, staff advertised a request for qualifications from contractors to prequalify for the
Veterans Memorial Park Project and the Faraday Avenue Improvements Project on June 11, 2025; and
WHEREAS, eight contractors submitted responses to the request for qualifications by July 22,
2025, and staff subsequently evaluated those responses in accordance with the criteria provided in the
request for qualifications and California Public Contract Code Section 20101; and
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WHEREAS, staff combined the plans, specifications and contract documents for the Veterans
Memorial Park Project and Faraday Avenue Improvements Project into one public bid process, with an
intent to award a single construction contract; and
WHEREAS, staff determined that five contractors were prequalified and eligible to submit bids
on the projects; and
WHEREAS, on Oct. 21, 2025, the City Council adopted a resolution adopting the plans,
specifications, and contract documents, and authorizing the City Clerk to advertise the projects for
public bids; and
WHEREAS, the projects were advertised for public bids on Oct. 22, 2025; and
WHEREAS, staff responded to contractors’ questions and revised the bid documents as
necessary; and
WHEREAS, staff received four bids for the construction of the projects on Feb.12, 2026, and
determined that Brightview Landscape was the lowest responsive and responsible bidder, with a bid -
for Bid Schedules A, B and C - of $38,898,398.80; and
WHEREAS, after the bidding, Brightview Landscape submitted a corrected fleet compliance
certification, which verifies that a company’s vehicles, drivers and operational procedures adhere to
safety, environmental, and legal regulations; and
WHEREAS, pursuant to the instructions to bidders, Addendum No. 3 to the bid documents,
applicable Public Contract Code provisions, and Carlsbad Municipal Code Section 3.28.080(I)(3), the
city reserves the right to waive minor irregularities and informalities in bids that do not affect price,
give a bidder a competitive advantage, or otherwise materially impact the bid; and
WHEREAS, the fleet compliance certification is a matter of form and does not alter the bid
amount, scope, or responsiveness of the bidder and therefore the city’s acceptance of Brightview
Landscape’s corrected certification is permissible as a waivable, non-material informality; and
WHEREAS, sufficient funds are available for the construction contract in the respective project’s
Capital Improvement Program Budget.
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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.On June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal
Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006, and
Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park.
3.Adopting the revised plans, specification and contract documents, accepting bids and
awarding a construction contract for the Faraday Avenue Improvements Project is
categorically exempt from environmental review under the California Environmental
Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance, repair
or minor alteration of existing facilities with negligible or no expansion of the existing or
former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines
Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.
4.That the revised plans, specifications and contract documents for these two Capital
Improvement Program projects are approved.
5.That Brightview Landscape Development, Inc.’s submittal of a corrected fleet compliance
certification after bidding closed constitutes a waivable, non-material informality and this
minor irregularity is hereby waived.
6.That the bid of $38,898,398.80 submitted by Brightview Landscape Development, Inc., for
construction of the Veterans Memorial Park Project and the Faraday Avenue Improvements
Project is hereby accepted and the Mayor is hereby authorized to execute the construction
contract in an amount not to exceed $38,898,398.80.
7.That the City Manager or designee is hereby authorized to approve change orders to the
projects’ construction contract in an amount not-to-exceed $9,919,095.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 24th day of February, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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