HomeMy WebLinkAboutCC Resolution 11757 (South Pond Trail Improvements)RESOLUTION NO. 11757
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AWARDING McNABB CONSTRUCTION, INC., DBA
PARKS-REC.COM A CONTRACT FOR THE SOUTH POND TRAIL
IMPROVEMENTS PROJECT IN THE AMOUNT OF $247,478.00.
WHEREAS, on the 12th day of April, 2005, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter
mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the
City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open,
examine, and declare all sealed bids or proposals for doing the following work in said City, to wit:
"SOUTH POND TRAIL IMPROVEMENTS"
PROJECT NO. 11048
in accordance with the plans and specifications therefor on file in the office of said City Clerk; and
WHEREAS, the bid of $247,478.00 of McNabb Construction, Inc. at the unit prices
stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder therefore; and
WHEREAS, the bid contained an irregularity in that the low bidder wrote the word
"None" rather than "One" on the bid sheet line indicating receipt by the bidder of the addenda to the
bid package; and
WHEREAS, based upon the written statement of the low bidder that this irregularity
was an unintentional clerical error, that the addenda was received and that the addenda information
was incorporated into the calculation of the low bid, and based upon a review of legal authorities and
Sections 2.01 and 6.09 of the "Instructions to Bidders" portion of the contract documents, the City
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Attorney's Office determined that this irregularity gave no competitive advantage to the low bidder
and, accordingly, has recommended that the Council waive this irregularity as inconsequential; and
WHEREAS, the second low bidder, Ghilotti Brothers, Inc., protested that the low
bidder was not qualified to install the fencing on the project, would therefore have to retain a
subcontractor to do the fencing work and the low bidder's failure to list a subcontractor would be a
violation of the subcontractor listing law; and
WHEREAS, after the City Council continued the award of bid to the next Council
meeting, Public Works investigated the Ghilotti Brothers' claim and determined that McNabb
Construction Company had all the requisite and necessary licenses to perform the fencing work
required by this project and had performed fencing construction for at least two other public entities
in recent years;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael finds that all of the above recited facts are true and correct based upon the documents and
presentation of Staff and other witnesses at this and the previous Council meeting, all of which
evidence is incorporated herein by this reference; and
RESOLVED FURTHER, that the City Council of the City of San Rafael finds that
the irregularity in the low bid has provided no competitive advantage to the low bidder over the other
bidders and that, accordingly, the City Council herby waives this irregularity as minor and
inconsequential; and
RESOLVED FURTHER, that the City Council of the City of San Rafael finds that
McNabb Construction Company has the requisite state contractors licenses and qualifications to
perform the fencing work without the necessity of hiring a subcontractor; and,
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RESOLVED FURTHER that the bid of $247,478.00 of McNabb Construction, Inc.
and the same is hereby accepted at said unit prices and that the contract for said work and
improvements be and the same is hereby awarded to said McNabb Construction, Inc. dba Parks-
Rec.com at the unit prices mentioned in said bid; and
RESOLVED FURTHER that the Mayor and the City Clerk of said City be
authorized and directed to execute a contract with McNabb Construction, Inc. dba Parks-Rec.com
for said work and to return the bidders bond upon the execution of said contract; and
RESOLVED FURTHER that the Director of Public Works is hereby authorized to
take any and all such actions and make changes as may be necessary to accomplish the purpose of
this resolution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on Monday, the 2nd day of May, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
JONNE M. LE—ONC-INI, City Clerk
File No.: 22.04.31.02
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