REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: SCOTT P. SEHM, PE, Assistant Director
Capital Projects Department, Design Services Division
ISAAC CAMPOS, Project Manager
Capital Projects Department, Design Services Division
SUBJECT
Title
Reject all bids for the Shaw Avenue Roadway Improvements from Fruit Avenue to Palm Avenue Project (Bid File No. 12601498) (Council Districts 1 and 2)
Body
RECOMMENDATIONS
Staff recommends the City Council reject all bids (Bid File No. 12601498) and direct staff to rebid the Shaw Avenue Roadway Improvements from Fruit Avenue to Palm Avenue Project.
EXECUTIVE SUMMARY
Staff recommends the City Council reject all bids for the Shaw Avenue Roadway Improvements from Fruit Avenue to Palm Avenue Project and direct staff to rebid. During the bid evaluation, staff discovered that Notice Inviting Bids contained a material error in the contractor licensing requirements, rendering the bid specifications legally defective and resulting in the improper disqualification of some bidders. After consulting with the City Attorney's Office, staff determined that rejecting all bids is the most appropriate and legally sound option and aligns with the Contractor's State Licensing Board (CSLB) framework and California public contracting law. Awarding the project under the defective specifications constitutes a material deviation that invalidates the competitive bidding process, exposing City to potential litigation and would conflict with the City's responsibility to provide a fair and full competitive bidding process and obtain the lowest responsible bid. The most defensible course of action is to reject all bids and re-advertise the project with corrected specifications, including the proper licensing requirements.
BACKGROUND
City of Fresno's Department of Public Works identified the need for pavement rehabili...
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