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HomeMy WebLinkAboutReso 18-2012 RESOLUTION NO. 18 -2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION ACCEPTING THE BID WITHDRAWAL OF JEDCO CONSULTING ENGINEERS, INC., AWARDING THE CONSTRUCTION CONTRACT TO ASHRON CONSTRUCTION AND RESTORATION, INC. FOR THE WQCP BLOWER BUILDING NO. 1 SEISMIC UPGRADE PROJECT AND REJECTING ALL BID PROTESTS WHEREAS, staff issued a Notice Inviting Bids for the WQCP Blower Building No. 1 Seismic Upgrade Project ( "Project "), and on January 10, 2012, received five (5) bids in response; and WHEREAS, the apparent low bidder was Jedco Consulting Engineers, Inc. ( "Jedco "); and WHEREAS, within five (5) days of bid opening, Jedco provided the City of South San Francisco ( "City ") with notice that it had made a mistake in the preparation of its bid and requested that it be allowed to withdraw said bid; and WHEREAS, the City Attorney has reviewed the facts involved with the alleged Jedco mistake, as well as the provisions of California Public Contract Code Sections 5101 and 5103, which allow for relief from bid mistakes, and is of the opinion that the City is authorized to allow Jedco to withdraw its bid; and WHEREAS, Jedco has met the grounds for relief from a bid mistake set forth in Public Contract Code Section 5103, in that: 1) It is clear that a mistake was made in Jedco's bid, 2) Jedco provided the City with notice of the mistake within five days of the opening of bids, 3) the mistake caused the bid to be materially different than Jedco intended, and 4) the mistake in question was not due to an error in judgment or carelessness in inspecting the work site or reading plans and specifications; and WHEREAS, the apparent next lowest bid for the Project was submitted by Ashron Construction and Restoration, Inc. ( "Ashron ") in the amount of $178,000; and WHEREAS, staff recommends consenting to Jedco's request to withdraw its bid, awarding the construction contract to Ashron Construction and Restoration, Inc. ( "Ashron ") in an amount not to exceed $178,000, and rejecting the bid protest from John Plane Construction, Inc.; and WHEREAS, funding for the Project is included in the City of South San Francisco's 2011 -2012 Capital Improvement Project ( "CIP ") and sufficient funds have been allocated to cover the project cost. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco pursuant to Public Contract Code section 5101(a) relieves Jedco of their bid because of a mistake based on the findings and for the reasons specified above. BE IT FURTHER RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards the construction contract for the WQCP Blower Building No. 1 Seismic Upgrade Project to Ashron Construction and Restoration, Inc. of Sunnyvale, California, in an amount not to exceed $178,000, conditioned on Ashron's timely execution of the Project contract and submission of all required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the Project document. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council hereby rejects all bid protests. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City Council upon timely submission by Ashron's signed contract and all other documents, subject to approval by the City Attorney. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 22 day of February, 2012 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None kTTEST: , �� tity t4#'