HomeMy WebLinkAboutReso - CC - 101-2003RESOLUTION 101-2003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
OVERRULING BID PROTEST BY KINWO CONSTRUCTION, INC. AND
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
BURLINGAME AND D.L. FALK CONSTRUCTION INC. FOR
EASTON BRANCH LIBRARY RECONSTRUCTION -- CITY PROJECT NO. 80370
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City issued an invitation for bids for the Easton Library Reconstruction,
City Project No. 80370 ("Project"); and
WHEREAS, following the receipt and opening of bids, KinWo Construction, Inc.
("KinWo") filed a bid protest with the City dated October 7, 2003, alleging that the apparent lowest
responsible bidder, D.L. Falk Construction Inc. ("D.L. Falk") had made errors in its bid submission
and the project contract should instead be awarded to KinWo Construction, Inc.; and
WHEREAS, KinWo contends that D.L. Falk failed to list a subcontractor for performance
of Section 02700 of the Specifications, which consists of installing two roof drainage pipes and two
12" X 12" drains; however, the City understands that as a Class B Contractor, D.L. Falk can make
such an installation as called for in the specifications and further that the cost of that installation may
not reach the one-half of one percent minimum listing requirement in any event; and
WHEREAS, KinWo contends that the subcontractor listed by D.L. Falk for concrete and
masonry work is not licensed to perform such work; however, the City understands that the
subcontractor is currently licensed under a different name with a license that would allow
performance of such work, and further that KinWo listed the same subcontractor on its bid to
perform the same work; and
WHEREAS, KinWo contends that D.L. Falk listed only equipment to be supplied for the
job and did not list any materials; however, the bidding requirement was so vague that any response
would be acceptable, and it appears that D.L. Falk followed normal public works disclosure
procedure; and
WHEREAS, KinWo contends that the City should add the base price and the alternate price
together to determine which company is the lowest responsible bidder; however, Public Contract
Code § 20103.8 expressly forbids such a practice under these bid specifications; and
WHEREAS, KinWo was provided written notice of the consideration of the contract award
by the City Council; and
WHEREAS, on October 20, 2003, at a duly noticed public hearing, the City Council
received and considered all evidence and testimony submitted; and
WHEREAS, D.L. Falk Construction Inc. submittedthe lowest responsible bid for the Project
in the amount of $794,000; and
WHEREAS, there is no aspect of the asserted bid protest that indicates any fraud or
corruption or unfairness to other bidders; and
WHEREAS, the difference between the bid by D.L. Falk and KinWo is approximately
$4,000; and
WHEREAS, it is in the best interest of the competitive bidding process to reject the protest
of KinWo; and
WHEREAS, in addition, the City Council may waive any informality in the bids submitted
and hereby finds that it would do so should such a situation exist as to the contentions of KinWo,
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that:
1. The Plans and Specifications, including all addenda, of the Project are approved and
adopted.
2. The bid protest of MnWo Construction, Inc. is rejected.
3. The bid of D.L. Falk Construction Inc. for the Project in the amount of $794,000 is
hereby accepted.
4. The City Manager is authorized and directed to enter into the Agreement contained
in the Project Specifications, on behalf of the City of Burlingame with D.L. Falk Construction Inc.
I, Ann T. Musso, 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 20tglay of o,t--],
2003, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GAMIGAN, JANNEY, OINAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
2
0./
City Clerk