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HomeMy WebLinkAboutReso 144-11 Fallon Sport Pk FenceRESOLUTION NO. 144 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~******~~** AWARDING CONTRACT NO. 11-08 FALLON SPORTS PARK - FENCING TO GOLDEN BAY FENCE PLUS IRON WORKS INCORPORATED WHEREAS, the City of Dublin did, on August 3, 2011, publicly open, examine and declare all sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 11-08, which Plans and Specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, the apparent lowest bid for the Project was the bid of California Fence Supply in the amount of twelve thousand dollars ($12,000); and WHEREAS, California Fence Supply failed to submit a bid bond at the time of bid opening and Public Contract Code section 10167 provides that a bid "shall not be considered unless one of the forms of bidder's security is enclosed with it"; and WHEREAS, California Fence Supply also failed to submit a list of subcontractors, a non- collusion affidavit, references or signature page with its bid, as required by the bid solicitation materials; and WHEREAS, by the letter dated August 5, 2011 Staff notified California Fence Supply of such failure and of Staff's intent to recommend that the City Council reject the bid of California Fence Supply as non-responsive and afforded California Fence Supply an opportunity to submit materials concerning the responsiveness of its bid in accordance with the case of Ghilotti Construction Co. v Richmond (1996) 45 Cal.App. 4th 897, and WHEREAS, the apparent next lowest bid for the Project was submitted by Golden Bay Fence Plus Iron Works Incorporated in the amount of nineteen thousand, nine hundred and nineteen dollars ($19,919). NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. The City Council of the City of Dublin, hereby finds the bid submitted by California Fence Supply in the amount of $12,000 to be non-responsive due to the failure of California Fence Supply to submit a bid bond and other required materials at the time of bid opening and rejects such bid. 2. The City Council of the City of Dublin, hereby finds the bid submitted by Golden Bay Fence Plus Iron Works Incorporated in the amount of $19,919 to be the lowest, responsive bid. Page 1 of 2 3. The City Council of the City of Dublin, does hereby award Contract No. 11-08 to the lowest responsible bidder therefor, to wit, Golden Bay Fence Plus Iron Works Incorporated, at a bid of $19,919 the particulars of which bid are on file in the office of the City Engineer. PASSED, APPROVED AND ADOPTED this 16th day of August, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~ v~.. i~-~~ ~, Mayor ATTEST: ~ ~` ~~~~ City Clerk Reso No. 144-11, Adopted 8-16-11, Item 4.8 Page 2 of 2