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HomeMy WebLinkAbout1994-07-12; City Council; Resolution 94-1924 )I 0 0 EXH I V'' 1 2 3 4 5 6 7 a 9 10; 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9 4 - 197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS, GRANTING RELIEF TO ONE BIDDER, AND AUTHORIZING THE EXECUTION OF PROJECT NO. 3401 FOR REPAIRS TO THE BIOLOGICAL MITIGATION FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT AND ALSO TO MAKE REPAIRS TO THE NORTH SIDE SLOPES WITHIN THE SAME PROJECT LIMIT WHEREAS, bids have been received by the City of Carlsbad for repairs to the biolc mitigation for the Palomar Airport Road West Assessment District and also to make repairs t north side slopes within the same project limit, Project No. 3401 ; and WHEREAS, the low bid received for repairs to the biological mitigation for the Pall Airport Road West Assessment District and also to make repairs to the north side slopes v the same project limits was submitted by Native Landscape Design, Inc., in the amou $1 10,076.00; and WHEREAS, that the apparent low bid as submitted by Native Landscape Design, Inc. found defective due to clerical errors; and WHEREAS, Tarzian Landscape of Carlsbad, California, is the next lowest bidder wi bid of $1 14,738; and WHEREAS, funds are available in Project Account No. 41 0-820-1 880-3401 for this prc NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl: California, as follows: 1. That the above recitations are true and correct. 2. That in accordance with the Public Contracts Code Section 5103 the folk findings are made: (a) Mistakes were made by the bidder. (b) Native Landscape Design, Inc., gave the City of Carlsbad written notice v five working days after the opening of the bids of the mistake specifying in the notice in t how the mistakes occurred. ill - .- L II 2- II 0. e *’ 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 (c) The mistakes made the bid materially different than Native Landscape D1 intended it to be. (d) The mistakes were made in filling out the bid and not due to error in judg or to carelessness in inspecting the site of the work or in reviewing the plans or specificai and 3. Native Landscape Design, Inc., is granted relief from its bid and the bid bo hereby released. 4. The lowest responsive and responsible bidder is Tarzian Landscape. 5. The bid of $1 14,738 by Tarzian Landscape of Carlsbad, California, for Cor No. 3401 for repairs to the biological mitigation for the Palomar Airport Road West Assess District and also to make repairs to the north side slopes within the same project limits is hc accepted, and the Mayor is hereby authorized to execute a contract thereafter. 6. That in accordance with Carlsbad Municipal Code, Section 3.28.172(b)(3), the Manager is hereby authorized to approve individual change orders of $11,473 or less cumulative value of $28,684.50. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Ca held on the 17th day of JULY , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: bkTki,Ll&&l-EN NZ, City Clerk KAREN R. KUNDTZ, P ssistant City Clerk I (SEAL) I