HomeMy WebLinkAboutReso - CC - 106-1999RESOLUTION NO. 106-1999
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BURLINGAME REJECTING ALL BIDS FOR PHASE I
CALIFORNIA/GROVE AREA STORM DRAINAGE IMPROVEMENTS
AT HILLSIDE DRIVE, CALIFORNIA DRIVE, AND CORTEZ AVENUE
CITY PROJECT NO. 9829
WHEREAS, the City of Burlingame is ready to begin construction of storm drainage
improvements to meet the needs of the community; and
WHEREAS, on August 19, 1999, the City released a Notice Inviting Bids in conformance
with the State Public Contracts Code and City procedures; and
WHEREAS, sealed bids were due for submittal on September 7, 1999, at 2 p.m. in
Burlingame; and
WHEREAS, on the Labor Day holiday, September 6, 1999, the City faxed a 3 -part
Addendum No. I to the persons who had requested plans and specifications; and
WHEREAS, most persons did not receive the Addendum No. 1 until the morning of
September 7, 1999, the day that the bids were due; and
WHEREAS, Addendum No. 1 did not materially change the project, but did provide
additional information regarding intentions of public utilities and desired order of work at the
beginning of the project; and
WHEREAS, Addendum No. 1 also required the submission of a bar chart showing proposed
scheduling of the project with the sealed bid, as well as submission of signed copy of the Addendum
itself; and
WHEREAS, some potential bidders may not have submitted bids because of the short notice
of a bar chart submission requirement; and
WHEREAS, the apparent lowest bidder did not submit either a signed Addendum No. 1 nor
a bar chart as required by the Addendum; and
WHEREAS, another bidder has protested this failure to submit a signed Addendum; and
WHEREAS, it appears that the late issuance of the Addendum has adversely affected the
bidding process, and it would be manifestly unfair to disqualify the apparent lowest bidder and
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adverse to the public interest not to allow other potential bidders to participate in a timely bidding
process for this important project; and
WHEREAS, there are some potential conflicts in the specifications and addendum that should
be corrected in order to avoid confusion during the construction of the project; and
WHEREAS, Public Contracts Code § 20166 allows the City Council to reject all bids in its
discretion, and the Notice Inviting Bids specifically reserved this right to the City Council; and
WHEREAS, key purposes of the competitive bidding process are to protect the public and
to provide all qualified bidders with a fair opportunity to participate; and
WHEREAS, it is in the best interests of the public and the City to reject all bids and to re -
advertise the project for bids open to all qualified bidders; and
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve,
determine, and find as follows:
All bids received for Project No. 9829 are hereby rejected.
2. All bonds and security received in connection with the bids shall be returned to the
bidders. No bidders are disqualified by this action from participating in the readvertised bidding.
3. The project will be readvertised as directed by the Director of Public Works.
MAYOR
I, JUDITH A. MALFATTI, 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 20th day of
September , 1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, OIMAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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