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
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