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HomeMy WebLinkAbout2009-25 Award of Bid for the Rehabilitation of the Ukiah Railroad DepotSOLUTION NO. 2009- 25 A SOLUTION OF THE CITY COUNCIL OF THE CITY OF U AH AUTHORIZING THE CITY MANAGER TO AWARD THE BID FOR THE HABILITATION OF THE UKI RAILROAD DEPOT LOCATED AT EAST PE NS STREET AND T RAILROAD TRACKS IN THE CITY OF U AH, SUBJECT TO THE CONDITIONS SPECIFIED HEREIN. E AS: 1. At its regular meeting on May 20, 2009, the City Council approved the plans and specifications, No. 08-09, for the rehabilitation of the Ukiah Railroad Depot ("the Project"); and 2. The Project is funded, in part, by a combination of grants under the Transportation Enhancement Activities ("TEA") and State Transportation Improvement Program ("STIP") grants and funds from the Ukiah Redevelopment Agency; and 3. Under the STIP grant, the contract to construct the Project must be awarded by June 30, 2009, or the City could lose these sources of funding for the Project; and 4. The notice to bidders must be published and distributed not less than 14 days before bid opening and the plans and specifications must be available for public inspection for not less than 30 days before bid opening; and 5. The California Department of Transportation ("Caltrans") must approve the plans and specification before they can be made publicly available for inspection; and 6. The regular City Council meetings of June 3 and 17 will occur before the bids can be lawfully opened; and 7. The bids are due to be opened on June 29, 2009; and 8. In order to preserve the STIP funding the bid must be awarded to the lowest responsive and responsible bidder before the City Council can convene and meet; and 9. Ukiah City Code Section 1521, the award of bids requiring formal public bidding is presumed to be approved by the City Council, but no provisions specifically requires the award of the bid to be performed by the City Council; and 10. Unusual circumstances require the contract for the construction of the Project to be awarded after the bid opening by the City Manager, acting as the City's Purchasing Officer, subject to the requirements in the City Code and state law governing the award of public projects costing more than $125,000; NOW, THEREFORE, BE IT SOLVED, as follows: 1. The City Manager is hereby authorized to award the contract for the Project in compliance with Ukiah City Code Section 1521 and the Uniform Construction Cost Accounting Act to one of the bidders who filed a bid prior to the bid opening ("a bidder"). 2. The City Manager shall award the contract, provided the lowest responsible and responsive bid does not exceed the engineer's estimate of $501,636, and provided, further, that if the lowest responsible and responsive bid exceeds the engineer's estimate by no more than 20%, the City Manager may award the bid. The TEA and STIP grants will fund $283,384 and the Ukiah Redevelopment Agency will fund up to $323,579; and 3. If any bid is rejected as non-responsive, the City Manager shall report to the City Council at its next regular meeting occurring not less than 10 days following the award of bid on the basis for such rejection. 4. Any awarded bid shall be accepted subject to the resolution of any bid protest filed by a bidder in writing with the City Manager not more than five calendar days following the bid opening. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest and the award of the contract. PASSED AND ADOPTED this 3`d day of June, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSENT: None ABSTAIN: None ATTES ED L' ro~ty Clerk Philip . Baldwin, Mayor 2