HomeMy WebLinkAboutReso - CC - 083-2011RESOLUTION NO. 83-2011
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BURLINGAME REJECTING THE BID OF DISNEY CONTRUCTION
AS NON-RESPONSIVE AND AWARDING THE BID FOR THE MARSTEN
STORMWATER PUMP STATION REHABILIATION PROJECT TO ANDERSON
PACIFIC ENGINEERING CONTRUCTION, INC.
-CITY PROJECT NO. 82460 -
WHEREAS, the City of Burlingame Storm Drainage Capital Improvements Program has
identified the Easton Creek Watershed and Marsten Pumpstation Improvements to be a high
priority for addressing the chronic flooding problem along the said watershed area;
WHEREAS, the City of Burlingame has completed the construction of the fust three
phases of a four phase project and Marsten Pumpstation upgrade is the final phase;
WHEREAS, the City Council has authorized an invitation for proposals for the - City
Project 82460 — Contract for the MARSTEN STORMWATER PUMP STATION
REHABILITATION PROJECT; and
WHEREAS, on November 3, 2011, all proposals were received and opened before the City
Clerk and representatives of the Public Works Department; and
WHEREAS, the low bid of West Bay Builders was non-responsive because, contrary to
the provisions of the bid specifications, the bid contained a significantly unbalanced line item
and, consequently, West Bay Builders, alleging a clerical error, sought relief under Public
Contracts Code section 5103 and withdrew their bid; and
WHEREAS, the second low bid of Disney Construction was non-responsive because,
contrary to the provisions of the bid specifications, the bid contained a line item for mobilization
of 10% when the bid specification mandated a maximum of 5% for this item and, consequently,
the bid of Disney Construction should be rejected as non-responsive; and
WHEREAS, the third low bidder, Anderson Pacific Engineering Construction Inc.,
submitted the lowest responsive and responsible bid for the project in the amount of $4,735,300;
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve,
determine, and find as follows:
1. The facts recited in the recitals above and in the staff report are true and correct.
2. The Plans and Specifications, including all addenda, are approved and adopted.
3. The bid of the apparent low bidder, West Bay Builders, was non-responsive in that the bid was
severely unbalanced contrary to the bid specifications and West Bay Builders sought to withdraw their
bid under Public Contracts Code section 5103 due to the clerical error and the City granted their request.
4. The bid of the apparent second low bidder, Disney Construction, was non-responsive in that
the bid listed an amount of 10% for mobilization where the bid specifications called for a maximum of
5% for mobilization.
5. The bid of the apparent second low bidder, Disney Construction, is hereby rejected as being
non-responsive to the bid specifications.
6. The bid of the third low bidder, Anderson Pacific Engineering Construction, Inc., in the
amount of $4,735,300, is the lowest responsive and responsible bid for said project and the same is
hereby accepted.
7. The City shall enter into a contract with the successful bidder, Anderson Pacific Engineering
Construction, Inc., for the performance of the Marsten Stormwater Pump Station Rehabilitation
Project, Project No. 82460, and that the City Manager be, and he hereby is authorized for and on behalf
of the City of Burlingame to execute said contract and to approve the faithful performance bond and the
labor materials bond required to be furnished by the contractor.
e�� &&��L —
Terry Nagel, Mayor
A-✓,ct KA -Vi Ck
S;1va
I, Mm7-Ef1m'i Keanrey, City Clerk of the City of Burlingame do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council on the 21" day of
November 2011, and was adopted thereafter by the following vote:
AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary rno„ K ;He .- City Clerkf
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