HomeMy WebLinkAboutReso - CC - 084-2003RESOLUTION 84-2003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
OVERRULING BID PROTEST BY VALLEY SLURRY SEAL, WAIVING A MINOR
DEFICIENCY IN THE BID SUBMITTED BY WESTERN STATES SURFACING, INC.
AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
BURLINGAME AND WESTERN STATES PAVING, INC. FOR
2003 STREET CAPE SEAL PROGRAM -- CITY PROJECT NO. 80832
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City issued an invitation for bids for the 2003 Street Cape Seal Program,
City Project No. 80832 ("Project"); and
WHEREAS, before the receipt of bids, Valley Slurry Seal Company through its attorneys
filed a bid protest with the City dated June 10, 2003, alleging that the City was powerless to purchase
materials to use in the Project and should be compelled to have the contractor purchase all materials
to be used in the overall Project; and
WHEREAS, the City is purchasing the asphaltic emulsion to be supplied to the contractor
who will be selected to perform the Project; and
WHEREAS, the City obtained three quotes for the purchase ofthe materials in conformance
with the Burlingame Municipal Code and the Public Contract Code, especially section 22032; and
WHEREAS, the lowest quote is for less than $25,000; and
WHEREAS, the Project itself was put out to competitive bid in accordance with the
Burlingame Municipal Code and the Public Contract Code; and
WHEREAS, Valley Slurry Seal Company was submitted as a listed subcontractor on at least
one of the bids submitted for the Project; and
WHEREAS, the use of the selected asphaltic emulsion will provide the City with the
opportunity to apply and evaluate a material that promises longer durability and less maintenance
than other materials; and
WHEREAS, Western States Surfacing, Inc. submitted the lowest responsible bid for the
Project in the amount of $128,826.64; and
WHEREAS, Western States Surfacing, Inc. submitted a copy of Addendum No. 1 with its
bid together with a properly executed Revised Bid Sheet as required by the Addendum, but Western
States Surfacing, Inc. did not sign the Addendum itself as required by the Addendum; and
WHEREAS, the second lowest bidder, Graham Contractors Inc., filed a protest with the City;
.'o
WHEREAS, it appears that Addendum No. 1 would not cause any increase in the cost of the
Project; the submittal of the addendum with its bid precludes Western States from alleging it did not
receive and acknowledge the Addendum; Western States Surfacing, Inc.submitted its bid on the
revised bid sheet as required by the Addendum; and the failure to sign the Addendum could not
therefore be grounds for withdrawal of a bid under Public Contract Code § 5103; and
WHEREAS, the evidence submitted shows that Western States Surfacing, Inc.actually
received, considered, and submitted the Addendum in its bid and that its failure to sign the
Addendum with the bid was a technical error that had no effect on the bid process; and
WHEREAS, there is no aspect of the lack of signature on the Addendum that indicates any
fraud or corruption or unfairness to other bidders; and
WHEREAS, the difference between the bid by Western States Surfacing, Inc.and the next
lowest bidder is approximately $4,000; and
WHEREAS, it is in the best interest of the competitive bidding process and the long-term
costs savings in pavement management to reject the protest of Valley Slurry Seal Company; and
WHEREAS, it is in the best interest of the competitive bidding process to waive the minor
technical defect of Western States Surfacing, Inc.'s failure to sign the Addendum,
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that:
The Plans and Specifications, including AddendumNo.1, are approved and adopted.
2. The bid protest of Valley Slurry Seal Company is rejected.
The minor technical defect of a signed Addendum No. 1 not being submitted by
Western States Surfacing, Inc.with its bid is waived.
4. The purchase of asphaltic emulsion pursuant to Public Contract Code section 22032
for use by the contractor in the Project is approved.
5. The bid of Western States Surfacing, Inc. for the project in the amount of $128,827
is hereby accepted.
2
6. The City Manager is authorized and directed to enter into the Agreement contained
in the Project Specifications, including Addendum No. 1, on behalf of the City of
Burlingame with Western States Surfacing, Inc. V�
I, Doris Mortensen, Deputy City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 7thday
of July, 2003, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'NAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Clerk