HomeMy WebLinkAbout2021-04-13; City Council; Resolution 2021-076RESOLUTION NO. 2021-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REJECTING ALL BIDS RECEIVED FOR THE POINSETTIA
COMMUNITY PARK PHASE IV IMPROVEMENTS PROJECT (CIP PROJECT
NO. 4608)
WHEREAS, the development of the Poinsettia Community Park Phase IV Improvements Project
is identified in the Poinsettia Community Park Master Plan; and
WHEREAS, the project's proposed amenities include an off-leash dog park, parking lot and
restroom facility;
WHEREAS, on Aug. 21, 2019, the Planning Commission approved the conditional use permit
amendment and coastal development permit for the project; and
WHEREAS, on Jan. 12, 2021, City Council approved the contract documents, plans and
specifications for the Poinsettia Community Park Phase IV Improvements Project and authorized the
City Clerk to advertise the project for public bids (Resolution No. 2021-001); and
WHEREAS, on Feb. 23, 2021, eleven sealed bids for the construction of the project were
received; and
WHEREAS, following the opening of the bids, a formal bid protest was received from Tri Group
Construction; and
WHEREAS, the protest alleged that the three apparent lowest bidders did not possess the
required experience as stated in Part 3, Section 13.34.23 - Pre-Engineered Restroom Building of the
specifications, "Building installer must be able to provide references for installation of at least three (3)
previous pre-engineered restroom buildings within the last five (5) years."; and
WHEREAS, after review of the bid document language and consultation with the City Attorney's
Office, and out of a desire to provide a completely fair bidding process, staff recommends rejecting all
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bids, updating the bid documents to explicitly state the experience requirement and re-advertising the
project for bids; 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, 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 Feb. 23, 2021, for the Poinsettia Community Park Phase IV
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 on the 13th day of April, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel.
NAYS: None.
ABSENT: Schumacher.
MATT HALL, Mayor
(1 1/14/9iv 6
BARBARA ENGLESON, City Clerk
(SEAL)
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