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HomeMy WebLinkAboutReso 083-99 W/D Bid/ValleyCrest RESOLUTION NO. 83 - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE REQUEST BY VALLEY CREST TO WITHDRAW THEIR BID FOR CONSTRUCTION OF EMERALD GLEN PARK PHASE I, CONTRACT 99-04 WItEREAS, on February 3, 1999, the City Council approved the consh~uction documents and authorized Emerald Glen Park Phase I to be advertised for bids; WHEREAS, the project was advertised as required by State law for bids; and WHEREAS, the City received five bids prior to the close of bids on April 21, 1999; and WHEREAS, the lowest bid received was $3,663,563.60 fi'om Valley Crest; and WHEREAS, the bid was evaluated by staff and determined to meet all requirements; and WHEREAS, on April 22, 1999, the City received a request fi'om Valley Crest to release them fi'om the bid and return their bid bond pursuant to Section 5300 of the Public Contract Code; and WHEREAS, relief under Section 5300 of the Public Contract Code can be granted if the bidder provides evidence that their mistakes were not due to errors in judgment, carelessness in inspecting the site or in reading the plans and specifications; and WHEREAS, the evidence supplied by Valley Crest indicates that clerical errors were made in computer entries and then transferred to the bid form, that the wrong subcontractor was listed on the bid form, that the amount for labor was mistakenly left out of their restroom calculations on the bid form; and ' WHEREAS, City staffrecommended to the City Council that the City Council release Valley Crest fi'om their bid and return their bid bond based on the information supplied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds that: Valley Crest made mistakes within the meaning of Public Contract Code Section 5300; As a result of the mistakes, the bid was materially different than Valley Crest intended it to be; and The mistakes made by Valley Crest were not due to an error in judgment or due to carelessness in inspecting the site or in reading the plans and specifications. BE IT FURTHER RESOLVED THAT the City Council of the City of Dublin relieves Valley Crest from its bid dated April 21, 1999, for Construction of Emerald Glen Park, Phase I and that the City Council hereby releases the bid bond to Valley Crest. ATTEST: PASSED, APPROVED AND ADOPTED, this 4th day of May, 1999. Councilmembers Howard, Lockhart, McCormick, Zika and Mayor Houston AYES: NOES: None ABSENT: None ABSTAIN: None K2/G/5-4-99/reso-egpark-reject