HomeMy WebLinkAbout2020-08-18; City Council; Resolution 2020-172EXHIBIT 1
RESOLUTION NO. 2020-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REJECTING ALL BIDS RECEIVED FOR THE CALAVERA HILLS
COMMUNITY PARK GATEWAY IMPROVEMENTS PROJECT (CAPITAL
IMPROVEMENTS PROGRAM PROJECT NO. 4601)
WHEREAS, on Feb. 25, 2020, the City Council adopted Resolution 2020-038 approving the
contract documents, plans, provisions and specifications for the Calavera Hills Community Park
Gateway Improvements Project (Capital Improvement Program Project No. 4601), and authorizing the
city clerk to advertise the project for public bids; and
WHEREAS, on May 27, 2020, 14 bids for the project were received; and
WHEREAS, on May 27, 2020, Tr-Group Construction and Development, Inc. submitted a bid
protest claiming a potential unfair advantage due to the city's process for determining "as equal"
substitutions; and
WHEREAS, the bid protest alleged that by listing the un-specified shade structure manufacturer,
Modern Shade, the apparent low bidder submitted a lower bid than if it had listed the specified shade
structure manufacturer; and
WHEREAS, all bids received considerably exceeded the engineer's estimate for the project; and
WHEREAS, it is necessary, desirable and in the public interest for the city to follow the provisions
in Carlsbad Municipal Code Section 3.28.080 (1)(3), whereby the City Council, at its discretion, may
reject all bids received; and
WHEREAS, staff intends to review the bidding provisions and forms for the project, make any
revisions that may provide further clarity and reduce the potential for bidder errors, and re-advertise
the project for bids; and
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WHEREAS, the city planner has determined that rejecting all bids is exempt from environmental
review per CEQA Guidelines Section 15270 (a); which states that CEQA does not apply to projects which
a public agency rejects or disapproves.
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 all bids received on May 27, 2020 for the Calavera Hills Community Park Gateway
Improvements Project are rejected in accordance with CMC section 3.28.080 (1)(3).
3. That City Council does hereby authorize the city clerk to return to the bidders all bid
bonds received.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California, on the 18th day of August, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, MAYOR
BARBARA ENGLESON, cr CLERK
(SEAL)
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