Legislative Public Meetings

File #: 22-0790   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 11/29/2022
Title: Reject all Bids Received for the East Sunnyvale Area Sense of Place (PW22-15) and Make a Finding that the Action Does not Constitute a "project" with the Meaning of the California Environmental Quality Act Guidelines Section 15378(b)(4)
Attachments: 1. Bid Summary
REPORT TO COUNCIL

SUBJECT
Title
Reject all Bids Received for the East Sunnyvale Area Sense of Place (PW22-15) and Make a Finding that the Action Does not Constitute a "project" with the Meaning of the California Environmental Quality Act Guidelines Section 15378(b)(4)

Report
REPORT IN BRIEF
Approval is requested to reject all bids received in response to invitation for bids PW20-15 East Sunnyvale Area Sense of Place as the first two apparent low bidders are deemed non-responsive and all bids have exceeded 90 days for pricing hold.

EXISTING POLICY
Pursuant to Section 2.09.140(b) of the Sunnyvale Municipal Code, the City Council may reject bids or proposals received in response to formal competitive bid solicitations. This Code section also provides that if all bids are rejected, the City has the discretion to re-advertise.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" with the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

BACKGROUND AND DISCUSSION
The East Sunnyvale Area Sense of Place project (Project No. TR-18-04) was advertised on DemandStar on June 10, 2022. Twenty-Six (26) contractors requested bid documents and four (4) sealed bids were received and opened on July 6, 2022. Golden Bay Construction, Inc. (Golden Bay) submitted the apparent lowest bid in the amount of $2,793,202.50 (Attachment 1, Bid Summary).

This project is federally funded and administered by Caltrans. As such, the project required all contractors to meet or, alternatively, demonstrate adequate Good Faith Efforts (GFE) towards meeting a Disadvantaged Business Enterprise (DBE) participation goal established at 21.0%. All bidders were required to submit documentation identifying the percentage of subcontracted work performed by ...

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