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HomeMy WebLinkAbout2012-34 Gobbi Spec 11-10 Award RESOLUTION NO. 2012-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO AWARD THE BID FOR GOBBI STREET/STATE STREET,STREET AND UTILITIES IMPROVEMENT PROJECT, SPECIFICATION NO. 11- 10 AND TO AWARD THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION FOR THE GOBBI STREET/STATE STREET, STREET AND UTILITIES IMPROVEMENT PROJECT IN THE CITY OF UKIAH, SUBJECT TO THE CONDITIONS SPECIFIED HEREIN. WHEREAS: 1. At its regular meeting on July 18, 2012,the City Council approved the plans and specifications for the Gobbi Street/State Street, Street And Utilities Improvement Project, Specification No. 11-10 ("the Project"); and 2. The Project is funded, in part, by a combination of water funds, sewer funds, and Surface Transportation Program d(1)funds; and 3. 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 4. The regular City Council`meeting of August 15,2012 is scheduled to be cancelled; and 5. The bids are due to be opened on August 14, 2012; and 6. The project will be delayed by 3 weeks if award is delayed until the September 5, 2012 City Council meeting; and 7. 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 8. Unusual circumstances require the contract for the construction of the Project to be awarded after the bid opening by the City Manager or her designee, 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$175,000; NOW,THEREFORE,BE IT RESOLVED, as follows: 1. The City Manager or her designee is hereby authorized to award the contract for 1 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 or her designee is hereby authorized to award the professional services agreement for the Project in compliance with Ukiah City Code Section 1522. 3. The City Manager shall award the contract,provided the lowest responsible and responsive bid does not exceed the engineer's estimate of$502,216,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. 4. 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. 5. 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 1st day of August,2012,by the following roll call vote: AYES: Councilmember Rodin,Baldwin, Crane, and Mayor Landis NOES: None ABSENT: Councilmember Thomas ABSTAIN: None ary ie Landis,Mayor ATTESTED Linda-Bi1own,Cify-lerk 2