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SR-502-01-05 EPWM: CP: AA: DB: SL: \Staff Reports In Process\2004\12_14\cc1951 (Reject Bids).doc Council Meeting: December 14, 2004 Santa Monica, California To: Mayor and City Council From: City Staff Subject: Rejection of Bids for the Water Fluoridation System Project Introduction This report recommends that the City Council authorize the City Manager to reject all bids received for the water fluoridation system project in accordance with Santa Monica Municipal Code (SMMC) Section 2.24.071(d), waive formal bidding procedures in accordance with SMMC Section 2.24.071(e) and authorize the City Manager to negotiate on the open market for the construction of the project. Background On October 23, 2001, the City Council directed staff to fluoridate water supplied to the community. Following an extended design process, including review by the City?s Environmental Task Force, bid documents were prepared and advertised. Discussion A Notice Inviting Bids for the construction contract was published on October 2 and 7, 2004 in the Los Angeles Times. Bid packages were requested by 8 contractors. The City Clerk?s office received two sealed bids, which were publicly opened and read aloud on October 22, 2004 by the Deputy City Clerk. The results were as follows: 1 Ecology Construction, Inc. $ 1,737,755 Atlas-Allied, Inc. $ 2,177,950 City Engineers Estimate $ 1,200,000 Bids substantially exceed the capital budget for the project. Staff reviewed the bids and believes that a more favorable project price can be negotiated on the open market and completed within available budget. Section 2.24.071 of the SMMC states that the Council can reject all bids, and by 2/3 affirmative vote, forego the bidding procedures if work can be completed more economically in the open market. Staff recommends that all bids be rejected, the formal bidding requirements be waived, and the City Manager be authorized to negotiate a contract on the open market in order to attain a more competitive price. Staff will return to Council following these negotiations. Budget/Financial Impact There are no budget or financial impacts associated with this recommendation. Recommendation Staff recommends that the City Council: 1. Reject all bids received on October 22, 2004; 2 2. Find that the City should be able to negotiate and attain a more competitive price on the open market and that formal bidding procedures should therefore be waived; and 3. Authorize the City Manager to negotiate a contract on the open market to construct the water fluoridation project. After the contract is negotiated, staff will return to Council for award of contract. Prepared by: Craig Perkins, Director, Environmental and Public Works Management Anthony Antich, P.E., City Engineer Gil Borboa, Water Resources Manager Susan Lowell P.E., Civil Engineer Dave Britton, P.E., Principal Civil Engineer Spiros A. Lazaris, P.E., Civil Engineer 3