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HomeMy WebLinkAboutReso 82-10 Sports Grnd AgmtRESOLUTION NO. 82 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** AWARDING CONTRACT NO. 10-03 DUBLIN SPORTS GROUNDS - PHASE IV TO SUAREZ AND MUNOZ CONSTRUCTION INCORPORATED WHEREAS, the City of Dublin did, on May 13, 2010, publicly open, examine and declare all sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 10-03, which Plans and Specifications are hereby expressly referred to for a description of said work and for all particulars retative to the proceedings under the request for bids; and WHEREAS, the apparent lowest bid for the Project was the bid of Blossom Valley Construction Incorporated in the amount of four hundred and fifty-eight thousand three hundred dollars ($458,350); and WHEREAS, Blossom Valley Construction Incorporated ("Blossom Valley") by letter, dated May 14, 2010 (`the letter"), notified the City that it had made a mistake, which was within 5 working days of May 13, 2010 bid opening, and the letter indicated in detail how the mistake occurred. In particular, Blossom Valley indicates that there was some confusion about whether it or one of its subcontractors would supply a particular material, and, because of the confusion, the costs associated with the materials were not included in the bid; and WHEREAS, based on the information contained in the letter, the City Council hereby finds, pursuant to Public Contract Code section 5103, that: 1. the mistake made the bid materially different than Blossom Valley intended it to be, because the mistake resulted in there being no component of the bid for a necessary material for the work; and 2. the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans and specifications. WHEREAS, the facts described in the proceeding two paragraphs constitute grounds for the City to consent to relieve Blossom Valley of its bid under Public Contract Code section 5101; and WHEREAS, the apparent next lowest bid for the Project was submitted by Suarez and Munoz Construction Incorporated in the amount of five hundred and ninety-five thousand dollars ($595,000). NOW, THEREFORE, the City Council of the City of Dubtin does RESOLVE as follows: 1. The City Council of the City of Dublin pursuant to Public Contract Code section 5101(a) relieves Blossom Valley Construction Incorporated of the bid because of mistake, based on the findings and for the reasons specified above; Page 1 of 2 2. The City Council of the City of Dublin, hereby finds the bid submitted by Suarez and Munoz Construction Incorporated in the amount of $595,000 to be the lowest, responsive bid; and 3. The City Council of the City of Dublin, does hereby award Contract No. 10-03 to the lowest responsible bidder therefor, to wit, Suarez and Munoz Construction Incorporated, at a bid of $595,000 the particulars of which bid are on file in the office of the City Engineer. PASSED, APPROVED AND ADOPTED this 1 st day of June, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST: .~ City Clerk / V J~.- Mayor Reso No. 82-10, Adopted 6-1-10, Item ~.2 Page 2 of 2