REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: BRIAN E. RUSSELL, Assistant Director
Public Works Department, Streets, Landscape, and Graffiti Divisions
ERIK LAFON, Project Manager
Public Works Department, Landscape Maintenance Division
SUBJECT
Title
Reject all bids received for Requirements Contract for Painting Services (Bid File 12501308). (Citywide)
Body
RECOMMENDATION
Staff recommends that the City Council reject all bids for the Requirements Contract for Painting Services.
EXECUTIVE SUMMARY
The City of Fresno identified a need for as-needed painting services for masonry walls, fencing, streetlights, and decorative archways located in street right of way. The Engineer’s Estimate for this project is $304,500. Color New Corp of Woodland Hills, Ca. submitted a bid totaling $1,404,500, which was 361% above the Engineer’s Estimate. Staff concluded that awarding the contract would not be in the City’s best interest. All other bids were deemed non-responsive.
BACKGROUND
The Painting Services Requirements Contract aims to provide an as-needed painting services requirements contract for masonry walls, fences, decorative archways, and streetlights that are in the street right of way. A portion of the funding for this contract was included in the FY2025 budget, under budget motion #33, for $140,000 of General Fund to be used for painting of wrought iron expressway fences and concrete block walls in Council District 2. Additionally, staff has received requests from other Council Districts for estimates to paint infrastructure such as streetlights and decorative archways that are located in street right of way. While these additional requests are currently unfunded, combining the scope of all these assets into a single contract aimed to increase efficiency and reduce costs.
The Public Works Department prepared bid specifications, and a Notice Inviting Bids was published on the City’s website and Planet Bids on February 4, 2025. During the public bid opening on March 18, 2025, five bids were received, ranging from $155,700 to $1,404,500.
All bids, except for Color New Corp of Woodland Hills, Ca. were deemed non-responsive. Satellite Painting Inc. was deemed non-responsive due to their failure to list the subcontractor they planned to use for the traffic control portion of the work. Upon follow-up, Satellite Painting stated that they would need to add a subcontractor to perform traffic control. However, allowing a contractor to make changes after bid submission violates the Subletting and Subcontracting Fair Practices Act, as it undermines the fairness of the public bidding process.
The other non-responsive bids were rejected due to a failure to sign the bid documents, which is a mandatory requirement for bid acceptance.
Color New Corp’s bid, while responsive, was 361% higher than the Engineer’s Estimate, making it not in the City’s best interest to award due to lack of funding. Rejecting all bids allows the City to pursue other project delivery options or revising the bid specifications and rebidding.
The Community Workforce Agreement (PLA), adopted by Council in September 2021, does not apply to this contract because the Engineer’s Estimate for this project was less than $1 million, pursuant to the terms of the PLA.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the rejection of all bids does not qualify as a “project” as defined by the CEQA requirements.
LOCAL PREFERENCE
Local preference is not applicable as this action is to reject all bids.
FISCAL IMPACT
The rejection of all bids has no additional cost to the General Fund. General Fund appropriations for this project were included in the FY2025 adopted budget under budget motion #33. Once Council rejects all bids, staff will pursue other project delivery options or revising the bid specifications and rebidding.
Attachment:
Bid Evaluation