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<br />6.1H <br />low bid of $661,866.35 is reasonable and recommends awarding the contract to CEM Page 2 <br />Builders, Inc. DBA Tucker Engineering. <br /> <br />Bid Protest <br />The city received a letter dated November 3, 2009 from GradeTech, Inc. protesting the <br />bid submitted by CEM Builders, Inc. DBA Tucker Engineering. GradeTech alleged that <br />the apparent low bid submitted by CEM Builders failed to include a seal on the bid bond <br />and did not list a surveyor as subcontractor. Staff recommends dismissing the bid <br />protest for the reasons that follow. <br />1. The city has previously reserved the right to waive inconsequential defects in the bid. <br />Omission of a seal on the bid bond has been deemed an inconseq uential defect by <br />the City Attorney. <br />2. The City Attorney has advised that a surveyor is not required to be listed as a <br />subcontractor because a surveyor is licensed as a professional surveyor and not as <br />a contractor. <br /> <br />Construction will shortly begin on two other levee improvement projects that will <br />complete the flood protection system for the Redwood Shores Peninsula as required by <br />FEMA. The South Bayside System Authority Treatment Plant will take the lead on <br />improvements to the levee segment that borders their treatment plant. The City will <br />take lead on the construction of improvements to the levee segment bordering the San <br />Carlos Airport scheduled to start next month. <br /> <br />ALTERNATIVES <br />Council may reject all bids and direct staff to repeat the public bidding process which <br />may delay the work of this project. <br /> <br />FISCAL IMPACT <br />Project funds have been appropriated as General Improvement District 1..64 Facilities <br />Charge Construction Fund, Exterior Levee Certification program with an available <br />balance of $1,898,209.30 as of November 3, 2009. <br /> <br /> <br /> <br />Le, PE <br />ior Civil Engineer <br /> <br /> <br />ChUC~ <br /> <br /> <br />Building, Infrastructure, and <br />Transportation Director <br /> <br />S. eter Vorametsanti, PE, CFM <br />City Engineer <br /> <br />Peter Ingram ~.-/ <br />City Manager <br /> <br />ATTACHMENTS <br />None <br /> <br />RELATED DOCUMENTS IN CITY CLERK'S OFFICE <br />1. Contract Documents <br />2. Bid Documents <br />