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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 1 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 CAW P511FILESVaESO�rejeclbid2.pwd.wpd