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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