REPORT TO COUNCIL
SUBJECT
Title
Reject All Bids Received for the Peery Park Area Transportation Improvements (PW23-16) and Make a Finding that the Action Does Not Constitute a "Project" Within 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 an invitation for bids for PW23-16: Peery Park Area Transportation Improvements. The first apparent low bidder is 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 rejection of all bids is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15061 (b)(4) as CEQA does not apply where the project is rejected or disapproved.
BACKGROUND AND DISCUSSION
The Peery Park Area Transportation Improvements project (Project No. TR-18-09) was advertised on DemandStar on July 14, 2023. Twenty-five (25) contractors requested bid documents and five (5) sealed bids were received and opened on August 9, 2023. The first lowest bidder, QLM, Inc. (QLM) submitted a bid in the amount of $3,764,126.40. QLM failed to submit the required bid forms and therefore its bid was deemed non-responsive. Joseph J. Albanese, Inc. (Albanese) submitted the second lowest bid in the amount of $3,786,120 (Attachment 1, Bid Summary).
This project is federally funded and administered by Caltrans. As such, the project requires all contractors to meet a 23% Disadvantaged Business Enterprise (DBE) participation goal or, alternatively, demonstrate adequate Good Faith Efforts (GFE) towards meeting the 23% DBE participation goal. All bidders were required ...
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