HomeMy WebLinkAboutCC Res 7800 2026-06-22 RESOLUTION 7800
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PUBLIC WORKS AGREEMENT WITH
PERFORMANCE PIPELINE TECHNOLOGIES, INC. FOR THE
SEWER MAINLINE IMPROVEMENT PROJECT, CIP O-SS-2
WHEREAS, on April 2, 2026, the City issued a solicitation for bids for the Sewer
Mainline Improvement Project, CIP O-SS-2 (Project), and received three (3) bids
in response to the solicitation; and,
WHEREAS, based on the bids opened on May 6, 2026, the apparent low bidder
was Estate Design and Construction, Inc. (Estate Design) in the amount of
$699,510.00; the second low bidder was Performance Pipeline Technologies, Inc.
(Performance Pipeline) in the amount of$718,850.00; and the third low bidder was
Vortex Services, LLC dba Sancon Technologies in the amount of $839,650.00;
and,
WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders,
the bids submitted for the work to be performed pursuant to the Agreement and
the plans and specifications, staff found the following defects in the Estate Design
bid:
1. Failure to submit bid bond meeting minimum 10% requirement — the
submitted bid bond was in the amount of $69,800 (non-responsiveness);
and,
2. Failure to provide documentation of certification or license to perform
Cured-In-Place Pipe (CIPP) lining (non-responsiveness); and,
3. Failure to provide relevant subcontractor(s) to execute the Scope of Project
including a subcontractor to perform CIPP lining (non-responsiveness);
and,
4. Failure to meet mandatory experience requirements including minimum 10
years' installation experience and minimum of 5,000 lineal feet (LF) of CIPP
liner using bidder's own work force (non-responsibility); and,
WHEREAS, on May 13, 2026, the second low bidder, Performance Pipeline,
submitted a bid protest to the City alleging that Estate Design is a non-responsive
and non-responsible bidder on the following grounds:
1. Failure to demonstrate mandatory technical ability and experience (non-
responsibility); and,
2. Failure to meet minimum requirements including minimum of ten (10) years
of CIPP installation experience or 5,000 LF of CIPP using the bidder's own
workforce; or certification and licensure to perform CIPP lining (non-
responsibility); and,
3. Failure to comply with Subletting and Subcontracting Fair Practices Act, due
to failure to list a CIPP subcontractor while lacking the minimum ten (10)
years' experience or CIPP certifications required to self-perform the work
(non-responsiveness); and,
WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders,
bids submitted for the work to be performed pursuant to the Agreement, plans and
specifications, and the staff report and oral comments, the City Council finds that
Estate Design's bid is non-responsive for the following reasons:
1 . Failure to submit a bid bond in the minimum amount of 10% of its bid; and,
2. Failure to provide documentation of certification or license to perform CIPP
lining; and,
3. Failure to list relevant subcontractor(s) to execute the Scope of Project
including a subcontractor to perform the CIPP lining; and,
WHEREAS, the City Council further finds that the non-responsive defects identified
by Staff and Performance Pipeline in Estate Design's bid are material and non-
waivable, and that Estate Design's bid should therefore be rejected because it is
non-responsive; and,
WHEREAS, a finding that Estate Design's bid is rejected due to non-
responsiveness, negates the necessity for further review of Estate Design's bid
pertaining to non-responsibility; and,
WHEREAS, based upon its review of the record, the City Council finds that
Performance Pipeline is the next low responsive and responsible bidder and a
qualified firm to perform the Project.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare,
determine and order as follows:
Section 1 . The City Council finds that all Recitals set forth above are true and
correct, and incorporates them herein by this reference.
Section 2. The City Council hereby approves the plans and specifications for
the Project.
Section 3. Based on the City Council's review of the record and the recitals set
forth above, the City Council hereby sustains the bid protest filed by
Performance Pipeline against the bid of Estate Design and further
finds the Estate Design bid to be non-responsive based on the non-
, responsive defects identified in the protest letter and identified by
staff, and rejects the Estate Design bid.
Section 4. Based on the City Council's review of the record and the recitals set
forth above, the City Council hereby awards a Public Works
Agreement to Performance Pipeline for the Project in the not-to-
exceed amount of $718,850.00, and rejects all other bids.
Section 5. The City Council hereby authorizes and directs the City Manager to
execute the Public Works Agreement with Performance Pipeline on
behalf of the City.
Section 6. The City Council hereby authorizes the City Manager to approve
payments for additional work requests by Performance Pipeline up
to $110,000; and
Section 7. The City Council hereby authorizes payments for construction
support/inspection services up to the not-to-exceed amount of
$80,000, in connection with the Project, to be performed by the City's
on-call professional inspection services contractor.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 22nd day of June 2026 by the following vote:
AYES: Council Members Kalmick, Wong, Senecal, Steele, Landau
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
It*
Gloria D. Harp r, C r ;9 p
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7800 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 22nd day of June 2026.
loria D. Ha per, City Clerk