HomeMy WebLinkAboutReso - CC - 036-2010RESOLUTION NO.36_2010
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BURLINGAME REJECTING THE BID PROTEST OF GSE
CONSTRUCTION, INC., REJECTING THE APPARENT LOW BID OF PROVEN
MANAGEMENT, INC. AS NON-RESPONSIVE; AND AWARDING THE
CONSTRUCTION CONTRACT FOR THE INFLUENT STORM WATER RETENTION
BASIN PROJECT TO THE SECOND LOW BIDDER, ANDERSON PACIFIC
ENGINEERING CONSTRUCTION, INC. (APEC) IN THE AMOUNT OF $4,198,000.00
(CITY PROJECT 81260)
WHEREAS, the City's Regional Water Quality Control Board permit and the recent
Baykeeper litigation settlement require the City to build a retention basin at the Waste Water
Treatment Plant (W WTP) no later than September 2011 to reduce the possibility of near -shore
discharge of treated wastewater; and
WHEREAS, the City applied for and received approval for a 2.9% low interest State
Revolving Fund (SRF) financing in the amount of $5,610,000 from the State Water Resources
Control Board to provide the necessary funding for the engineering design, construction and
construction management of the retention basin project; this loan will be repaid from sewer rate
revenue; and
WHEREAS, of the six bids received, ProVen Management was the apparent low bidder
with a bid of $4,096,800; however, a review of ProVen's bid revealed that the contractor's bid
was non-responsive because its bid did not include a completed project list containing either the
number or components of wastewater treatment projects specifically required by section 00420
of the contract documents; and
WHEREAS, the third low bidder, GSE Construction, filed a bid protest, alleging that the
first and the second apparent low bidders failed to specify an Instrument System Supplier (ISS)
as required by the contract specifications: however, a review of the contract documents and bids
of the two apparent low bidders reveals that the ISS work will constitute less than one half of one
percent of the value of the work and, accordingly, pursuant to section 00430 of the contract
documents, the ISS work was not required to be listed in the bid; and
WHEREAS, after a review of the contract specifications, all contract documents, the
various bids and additional information provided, the Public Works Department determined that
the bid of ProVen Management is non-responsive, the bid protest of GSE Construction has no
merit and that the contract should be awarded to APEC;
WHEREAS, project construction will begin by mid June, 2010 and will be complete by
August, 2011; upon completion, the project will provide approximately 1.5 million gallons of
storage of treated wastewater during the rainy season and will significantly minimize the possible
risk of near -shore discharges; and
WHEREAS, APEC's bid of $4,198,000 is 32% below the engineer's estimate of $6,190,000 and
APEC's bid is responsive to all aspects of the bid documents;
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve,
determine, and find as follows:
1. All of the facts recited herein, in the accompanying staff report and in the attachments
thereto, are true and correct and form the factual basis for the Council's actions.
2. The apparent low bid submitted by ProVen Management is rejected as non-responsive
to the bid documents, specifically section 00420 of the contract documents; the City will
not waive this non-responsive portion of ProVen's bid because to do so would provide
ProVen with an unfair competitive advantage over other bidders who complied with the
specific requirement and potential bidders who did not submit bids because they could
not comply with the requirements.
3. The bid protest of GSE Construction is hereby rejected because the ISS work will
constitute less than one half of one percent of the value of the work and, accordingly,
pursuant to section 00430 of the contract documents, the ISS work was not required to be
listed in the bid.
4. The City Council hereby awards the contract for the construction of the Influent Storm
Water Retention Basin at the City's Waste Water Treatment Plant project (City Project
No. 81260) to Anderson Pacific Engineering Construction Inc. (APEC).
5. The Director of Public Works is hereby authorized to take any and all additional
actions necessary to accomplish the purpose of this Resolution.
L 61�
Cathy Bayl lock, Mayor
I, Mary Ellen Kearney, 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 I7th day of
May, 2010, and was adopted thereafter by the following vote:
AYES: Councilmembers:BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers:NONE
ABSENT: Councilmembers:NONE L
Mary Ellen Kearney, City C rk