CC Resolution 13078 - Approving Relief of Bid by Bobo Construction, Inc. for the Measure O - Police RESOLUTION NO. 13078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE
RELIEF OF BID SUBMITTED BY BOBO CONSTRUCTION, INC. (BCI) FOR CONSTRUCTION
OF THE MEASURE O — POLICE OPERATIONS BUILDING PROJECT (CIP NO. 23-RR), AND
AUTHORIZING THE SUBSEQUENT RELEASE OF THEIR BID BOND, IN ACCORANCE WITH
THE TERMS AND CONDITIONS SET FORTH IN CALIFORNIA PUBLIC CONTRACT CODE
(PCC) CHAPTER 5. `RELIEF OF BIDDERS' [SECTIONS 5100 — 5110]
WHEREAS, on October 4, 2023, the City opened bids for construction of the Measure 0 — Police
Operations Building Project (CIP No. 23-RR); and
WHEREAS, at that time, Bobo Construction, Inc. (BCI) was the apparent low bidder with a total base
bid amount of$26,513,000 and bid security bond of$2,651,300; and
WHEREAS, the following day, the City received a letter from BCI notifying the City of a bid mistake
and requesting relief from their bid due to a 'clerical error' caused by a broken formula (link) in their
Excel estimating template spreadsheet and the omission of approximately $5M from their total base
bid amount; and
WHEREAS, overall, BCI has followed the necessary protocols in accordance with California Public
Contract Code (PCC) Chapter 5. `Relief of Bidders,' Sections 5100 — 5110, by submitting a timely
written notification to the City and providing sufficient evidence documenting the circumstances of
their mistake as required by PCC Section 5103 'Bidder's Proof of Mistake'; and
WHEREAS, while the City acknowledges BCI's compliance, the City's ability to dismiss their bid will
be subject to the terms and requirements forth in PCC Section 5101(a) 'A bidder shall not be relieved
of the bid unless by consent of the awarding authority...', and (b) ...the authority shall prepare a
report in writing to document the facts establishing the existence of each element required by Section
5103. The report shall be available for inspection as a public record.'; and
WHEREAS, as the City's `awarding authority,' only the City Council has the authority to relieve BCI
of their bid; and
WHEREAS, staff has notified the City Council of BCI's intent to withdrawal and the circumstances
that prompted their initial request; and
WHEREAS, staff recommends that the City Council approve the relief of bid submitted by Bobo
Construction, Inc. (BCI) for construction of the Measure O — Police Operations Building Project (CIP
No. 23-RR), and authorize the subsequent release of their bid bond, to prevent critical delays in the
project's anticipated construction schedule and allow staff to proceed with these efforts in a timely
and efficient manner.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby
approves the relief of bid submitted by Bobo Construction, Inc. (BCI) for construction of the
Measure 0 — Police Operations Building Project (CIP No. 23-RR), and authorizes the subsequent
release of their bid bond, in accordance with the terms and conditions set forth in California Public
Contract Code (PCC) Chapter 5. `Relief of Bidders' [Sections 5100 — 5110].
BE IT FURTHER RESOLVED should the City Council consent to relieve BCI of their bid, staff will
begin preparations to issue an "intent to award" for the project's construction contract to the second
lowest bidder, Lathrop Construction Associates, Inc., and return during a later City Council meeting
to request Council's approval to award the contract at that time.
PASSED AND ADOPTED this 7th day of November, 2023, by the following roll call vote:
AYES: Council Members: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Council Members: None
ABSENT: Council Members: None
APPROVED:
Anne Bybee, Mayor
ATTEST:
441 iterALH
Andrea Sanders, iiy Clerk