Resolution No. 6708RESOLUTION NO. 6708
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AWARDING
THE CONTRACT BASED ON THE BID SUBMITTED BY HARDY & HARPER, INC
FOR THE CITY OF CYPRESS COMMUNITY CENTER PARKING LOT SEAL COAT
(PROJECT 223) PURSUANT TO THE PROCEDURES AND TERMS OF THE
CITY OF CYPRESS FORMAL BID DOCUMENTS FOR: COMMUNITY
CENTER PARKING LOT SEAL COAT (PROJECT 223)
WHEREAS, the City of Cypress issued formal bid documents to request bidders
for a project called the Community Center Parking Lot Seal Coast (Project 223), which
shall be referred to as 'Project 223' in this Resolution and such bid documents are
incorporated herein by this reference,
WHEREAS, on Page 4 of the bid documents for Project 223, the City 'reserves the
right to reject any and all bids and to waive any irregularities or informalities in any bid or
in the bidding and to make awards in the interest of the City"
WHEREAS, the City issued Bid Addendum No. 1 for Project 223, which made
minor clarifications and typographical corrections to the bid documents for Project 223;
WHEREAS, the City received several bids for Project 223, including a bid by Hardy
& Harper Inc. ("Hardy");
WHEREAS, the City received a letter dated October 8, 2018, from Bostick
Company Inc. protesting any award of Project 223 to Hardy on the basis that Hardy's
bid did not acknowledge and submit the required bidding forms in relation to Bid
Addendum No. 1
WHEREAS, the City received a letter dated October 8, 2018, from Hardy stating
that they will honor the unit pricing as submitted in their bid for Project 223 despite the
minor clarifications and typographical corrections contemplated under Bid Addendum No
1 as Bid Addendum No. 1 did not affect the unit pricing;
WHEREAS, based on the foregoing, staff recommends to waive the
aforementioned minor irregularities in Hardy's submitted bid in relation to Bid Addendum
No. 1
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 The recitals set forth above are true and correct and incorporated
herein by this reference.
SECTION 2. Based on the foregoing, the City Council hereby approves staff's
recommendation to waive the aforementioned irregularities in Hardy's submitted bid for
Project 223 on the basis that the minor clarifications and typographical errors
contemplated by Bid Addendum No. 1 are of a nature that does not affect the pricing
submitted by Hardy in their bid for Project 223, does not provide Hardy with an unfair
competitive advantage in relation to Project 223, and does not render Hardy's bid
nonresponsive in relation to Project 223. The City Council hereby adopts the findings
from the staff report and this resolution, and finds that Hardy is the lowest responsible
bidder and is awarded this contract.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 22nd day of October 2018.
E CITY OF CYPRESS
134
ATTEST
tt Jt F f c.ivl
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
135
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council held
on the 22nd day of October, 2018, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Johnson, Morales, Berry and Peat
NOES: 0 COUNCIL MEMBERS. None
ABSENT 1 COUNCIL MEMBERS: Yarc
flip ( 4. at rq b.iti /i( r1V1
CITY CLERK OF THE CITY OF CYPRESS