RESOLUTION NO. -24
ACCEPT BID AND AWARD THE CONSTRUCTION CONTRACT FOR THE CITY
HALL/PUBLIC SERVICES CENTER & COMMUNITY CENTER EMERGENCY GENERATOR INSTALLATION PROJECT NO. 03-24 AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH CD & POWER; AND ALLOCATE AN ADDITIONAL $115,440.53 IN AVAILABLE FUNDING
RECITALS
WHEREAS, the City of Pleasant Hill (“City”) requires the following construction services (the “Services”): design, construction, and installation of two emergency generators at City Hall and the Public Services Center/Community Center in accordance with the City Hall/Public Services Center & Community Center Emergency Generator Installation Project No. 03-24 (the “Project”); and
WHEREAS, City staff analysis has determined that, owing to the unique nature of the Project and the lack of an adequate market for the services required for the Project, competitive bidding would work an incongruity and be unavailing as affecting the final result, and further not produce any advantage, and further it would be practically impossible to obtain what is required and to observe such form (collectively, the “Staff Findings”); and WHEREAS, City staff determined in light of the Staff Findings that requesting statements of qualifications and proposals from qualified firms would most effectively address the deficiencies identified Staff Findings, and as set forth in the solicitation documents on file with the City and incorporated by reference as if fully set forth herein (“Solicitation Documents”) requested said qualifications and proposals from all firms it could identify as potential qualified proposers (the “Alternative Procedure”); and
WHEREAS, in response to the Solicitation Documents, the City obtained proposals set forth in Exhibit A (each, a “Proposal”, and collectively, the “Proposals); and WHEREAS, City staff has determined the Proposal of CD & Power (“Contractor’s Proposal”) is the most advantageous to City with price and all other relevant factors considered; and
WHEREAS, as stated in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303, “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare[]”; and WHEREAS, the City is empowered to award a contract that would otherwise require competitive bidding without competitive bidding “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable.” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636); and
WHEREAS, the City has entered into a Memorandum of Understanding with the Recreation and Park District in which the Recreation and Park District will contribute their fair share of the cost of the project ($240,000).
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:
1. The City Council adopts the Staff Findings as its own.
2. In light of the Alternative Procedure, competitive bidding is not required because it would work an incongruity, would be unavailing as affecting the final result, and would not produce any advantage; and
3. The CD & Power bid of $829,238.60 is found to be a responsive, responsible bid and is accepted by the City Council at the lump sum set forth in the bid. This bid is on file in the Maintenance Division and incorporated herein by this reference as though set forth in full.
4. A total project construction budget of $870,700.53, which includes the base bid price of $829,238.60, and project contingency funds in the amount of $41,462 (5% of base bid), is authorized by the City Council at the unit prices set forth in CD & Power’s bid.
5. The City Manager is authorized to execute a construction contract with CD & Power in an amount not to exceed $829,238.60, consistent with the Contractor’s Proposal and Solicitation Documents (the “Proposed Contract”), subject to minor revisions, if any, approved by the City Manager and City Attorney to comply with applicable law or otherwise ensure that the City contracts for the Project on clear, unambiguous terms that are in the best interest of the City.
6. The City Council approves an additional allocation of $115,440.53 in available Capital Project Funds for the City Hall/Public Services Center & Community Center Emergency Generator Installation Project.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:
Lyone Conner, City Clerk