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RESOLUTION REGARDING NON-RESPONSIBILITY OF NICHELINI GENERAL ENGINEERING CONTRACTORS, INC.
WHEREAS, public works projects are generally awarded to the lowest responsible bidder in a competitive solicitation; and
WHEREAS, Public Contract Code section I103 defines a responsible bidder as one who "has demonstrated the attribute
of trustworthiness,as well as quality,fitness,capadty,andexperiencetmsatisfaciori|yperformthepub|icvvorkscontract";
and
WHEREAS, a public agency may determine whether a bidder is responsible or not, and this determination may be based
on poor performance from a previous contract; and
WHEREAS, a body with authority to grant public works contracts is vested with great discretion in determining whether a
bidder is responsible; and
WHEREAS, the Public Works Department (the "Department") recently opened bids for the Module 5 Phase A Excavation
County Project No. 757-7515-01 (the "Current Project") at the Neal Road Recycling & Waste Facility (the "Facility") and
Nichelini General Engineering Contractors, Inc. ("Nichelini") was the low bidder on the Current Project; and
WHEREAS, on May 19, 2015, the Butte County Board of Supervisors (the "Board") held a hearing regarding whether
Nichelini is a responsible bidder; and
WHEREAS, both the Department and Nichelini had the opportunity to present documentary evidence and verbal
testimony to the Board on the matter; and
WHEREAS, based on Nichelini's poor performance, as more particularly set forth in the staff report on this matter and the
exhibits thereto, on the recent Modules 1 and 3 Temporary Cover Project at the Facility, the Department recommends
that the Board make a finding that Nichelini is not a responsible bidder, reject its bid on that basis and award the contract
for the Current Project to the lowest responsive and responsible bidder.
NOW,THEREFORE, BE IT RESOLVED that:
1. Based on the written and oral evidence presented at the May 19, 2015 hearing, the Board hereby finds that
Nichelini is not a responsible bidder at this time and for the next three years.
PASSED AND ADOPTED by the Butte County Board of Supervisors this day of May 19, 2015, by the following vote:
AYES: Supervisors Connelly, Kirk and Lambert
NOES: Supervisors WahI and Teeter
ABSENT: None
NOT VOTING: None
r--��
Doug Teeter, Chair
Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board of Supervisors
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