RESOLUTION NO. 26-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DENYING BID PROTEST, AWARDING A CONSTRUCTION CONTRACT FOR THE REEVES BOOSTER PUMP STATION, CIP PROJECT NO. 17405 TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 AND CLASS 3 OF THE STATE CEQA GUIDELINES, SECTIONS 15301 AND 15303, RESPECTIVELY WHEREAS, the City of San Clemente Water Master Plan, dated March 2006, recommended construction of the Reeves Booster Pump Station (Project) to supply potable water from a regional water main trunk (Local Transmission Main) to Forster Ranch and Marblehead areas; and WHEREAS, the Project is needed due to hydraulic restrictions within the existing system under peak demands; and WHEREAS, the proposed Reeves Booster Pump Station will convey water to the Reservoir 7 zone and provide an alternate supply source, which improves system reliability; and WHEREAS, on September 25, 2025, City staff conducted a formal competitive bidding for the Reeves Booster Pump Station, CIP Project No. 17405, and received thirteen bids; and WHEREAS, upon evaluation, City staff recommended rejecting all bids, conducting a process of value engineering, re-scoping to further identify cost-saving opportunities while maintaining the required level of serviceability, revising the Project plans and specifications accordingly, and re-bidding the project; and WHEREAS, on November 18, 2025, City Council approved rejecting the bids received on September 25, 2025; and WHEREAS, AKM Consulting Engineers prepared a new bid package for the Station based on a revised scope, staff notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times; and WHEREAS, ten bids were received on February 26, 2026, ranging from $4,093,000 to $6,037,000 for the Base Bid only, and $4,177,000 to $6,109,000 for the Base Bid and Alternates; and WHEREAS, the apparent lowest bid for the base bid amount was Elegant Construction Inc. of Irvine, California, at $4,093,000; and WHEREAS, following the bid opening on February 26, 2026, staff received a bid protest letter from RE Chaffee Construction, Inc. alleging irregularities in the Elegant Construction, Inc. bid documents; and WHEREAS, on May 19, 2026, the City Council held a duly noticed protest hearing and considered all evidence and comment submitted at or before the public hearing, including from any and all bidders.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:
SECTION 1. Recitals. The above recitals are considered findings by the City Council and incorporated fully into the body of this resolution.
SECTION 2. That based on a review of the record as a whole, the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 and Class 3 (Existing and New Construction or Conversion of Small Structures, 14 CCR section 15301 and 15303 respectively) of the State CEQA Guidelines because it includes minor improvements by adding a water pump station with associated utility extensions to the existing water lines within the project site, and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment.
SECTION 3. That the City Council finds that the alleged irregularities in Elegant Construction, Inc.’s bid do not render the bid defective or nonresponsive and that to the extent that any irregularity exists in Elegant Construction, Inc.’s bid it is hereby determined to be an inconsequential and immaterial bid defect because the alleged irregularities did not affect the amount of the bid, make the bid materially different than intended, nor give Elegant Construction, Inc. an unfair competitive advantage or benefit over the other bidders. Strict compliance with the bid documents for the alleged deviations are hereby waived and the bid protest filed by RE Chaffee Construction Inc. is hereby denied.
SECTION 4. That a supplemental appropriation, in an amount of $2,037,200, from the Water Fund Depreciation Reserve to the project Account No. 052-467-45300-000-17405 is hereby approved.
SECTION 5. That the City Council finds that Elegant Construction, Inc. is the lowest responsive and responsible bidder, and the construction contract for the Reeves Booster Pump Station, CIP Project No. 17405, is hereby awarded to Elegant Construction, Inc.
SECTION 6. That the City Manager is hereby authorized and directed to execute a construction contract for the Reeves Booster Pump Station, CIP Project No. 17405 with Elegant Construction, Inc. in an amount not to exceed $4,177,000, in a form substantially similar to that presented to City Council on May 19, 2026.
SECTION 7. That the City Manager or their designee is hereby authorized and directed to take such other and further actions as are necessary and proper to accomplish the purposes of this resolution and complete the Project.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this day of , 2026.
ATTEST:
City Clerk of the City of Rick Loeffler, Mayor of the
San Clemente, California City of San Clemente, California STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-87 was adopted at a regular meeting of the City Council of the City of San Clemente held on the day of , , by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of , .
CITY CLERK of the City of San Clemente, California
Approved as to form:
Elizabeth A. Mitchell, City Attorney
Resolution No. 26-87 Page 2
Resolution No. 26-87 Page 2
Attachment 1