Legislative Public Meetings

File #: 16-0456   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 5/17/2016
Title: Award Bid No. PW16-19 for the Primary Treatment Facility Package 1 Site Preparation Project for the Reconstruction of the Water Pollution Control Plant, and Make a Finding of Bid Non-responsiveness
Attachments: 1. Bid Summary, 2. Draft General Construction Contract, 3. AP Bid Protest of DG-M, 4. DG-M Reply to AP Bid Protest, 5. City Initial Determination of Non-responsiveness, 6. DG-M Req for Reconsideration, 7. DG-M Protest of AP Bid, 8. AP Reply to DG-M Bid Protest, 9. AP Reply to DG-M Req for Reconsider, 10. City Final Determination of Non-responsiveness, 11. City Denial of Bid Protest, 12. Presentation by Staff 20160517 (16-0456)
REPORT TO COUNCIL

SUBJECT
Title
Award Bid No. PW16-19 for the Primary Treatment Facility Package 1 Site Preparation Project for the Reconstruction of the Water Pollution Control Plant, and Make a Finding of Bid Non-responsiveness

Report
REPORT IN BRIEF
Approval is requested to award a construction contract in the amount of $6,168,500 to Anderson Pacific Engineering Construction Inc. (Anderson Pacific) of Santa Clara for the Primary Treatment Facility Package 1 Site Preparation project (Public Works Project No. UY-15/01-19). Approval is also requested for a 10% construction contingency in the amount of $616,850, and to make a finding of non-responsiveness with regard to the bid received from DeSilva Gates-Mountain, a Joint Venture of DeSilva Gates Construction and Mountain Cascade Inc. (DG-M JV).

Anderson Pacific and DG-M JV were the only two bidders on the project, with the DG-M JV bid approximately 1.2% or $76,500 lower than Anderson Pacific with a bid of $6,092,000. The DG-M JV bid was determined by staff to be non-responsive because it did not meet the City's mandatory minimum requirements. Both contractors filed bid protests against each other, with DG-M JV also contesting staff's determination of non-responsiveness. These actions are explained in more detail below.

EXISTING POLICY
Section 1309 of the City Charter requires construction contracts to be awarded to the lowest responsive and responsible bidder.

ENVIRONMENTAL REVIEW
Pursuant to Sections 15070 to 15075 of the California Environmental Quality Act (CEQA) Guidelines, a Mitigated Negative Declaration for this project was circulated, considered and adopted by Council on May 5, 2105 (RTC No. 15-0245).

BACKGROUND AND DISCUSSION
The City of Sunnyvale's Water Pollution Control Plant (WPCP) was initially built in the 1950s and with additions over the years it has grown to a tertiary treatment facility that receives an average dry weather flow of 14 million gallons per day. I...

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