HomeMy WebLinkAbout2012-42 Orchard Av Stormdrain Award RESOLUTION NO.2012-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO AWARD THE
BID FOR ORCHARD AVENUE STORMDRAIN IMPROVEMENT PROJECT IN
THE CITY OF UKIAH,SUBJECT TO THE CONDITIONS SPECIFIED HEREIN.
WHEREAS:
1. The Project is funded by Surface Transportation Program d(1)funds; and
2. The next regular City Council meeting of November 7, 2012;and
3. The bids are due to be opened on October 29,2012 or sooner; and
4. The project will be delayed by 3 weeks if award is delayed until the
November 7,2012 City Council meeting; and
5. 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
1 6. 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 less 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 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 planning estimate of$150,000,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 17th day of October, 2012,by the following roll call
vote:
AYES: Councilmember Thomas, Rodin, Baldwin, and Vice Mayor Crane
NOES: None
ABSENT: Mayor Landis
ABSTAIN: None
4 I
Dougla ' Crane,Mayor pro tempore -J
ATTEST:
Linda C.Bro 1 Clerk