Resolution No. 6807218
RESOLUTION NO. 6807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
FINDING THAT WAIVER OF THE IRREGULARITIES IN THE BID
SUBMITTED BY SPEEDY FIX, INC. DOES NOT PROVIDE SPEEDY FIX.,
INC. WITH AN UNFAIR COMPETITIVE ADVANTAGE AND THEREFORE
WAIVING SUCH IRREGULARITIES IN THE BID SUBMITTED BY
SPEEDY FIX, INC.; FINDING THAT THE BID SUBMITTED BY SPEEDY
FIX, INC. TO BE THE LOWEST RESPONSIBLE BIDDER FOR THE "CITY
OF CYPRESS CITYWIDE PARK ENHANCEMENTS — PROJECT 247";
AND AWARDING THE BID TO SPEEDY FIX, INC. PURSUANT TO THE
PROCEDURES AND TERMS OF SUCH PROJECT
WHEREAS, the City of Cypress issued formal bid documents to request bidders
for a project called the "City of Cypress Citywide Park Enhancements — Project 247",
which shall be referred to as "Project 247" in this Resolution and such bid documents are
incorporated herein by this reference;
WHEREAS, the City issued Bid Addendum No. 1 for Project 247, which is
incorporated herein by this reference, which made clarifications and typographical
corrections to the bid documents for Project 247
WHEREAS, the City received several bids for Project 247, including a bid by
Speedy Fix, Inc. ("Bidder");
WHEREAS, the City received a letter dated July 31, 2020, from PUB Construction,
Inc., protesting any award of Project 247 to Bidder on the basis that (i) Addendum No. 1
for Project 247 was not acknowledged and signed by Bidder; (ii) Item #7 on Page 8 of
Bidder's bid contained an illegible title of Bidder; and (iii) Additive Bids 1 through 5, Page
20 of 55, and Page 21 of 55 contained errors in calculations of the various costs ("Protest
Letter");
WHEREAS, regarding the unsigned and unacknowledged Addendum No 1 to
Project 247 as stated by the Protest Letter, City staff received clarification from the Bidder
that they agree to and will comply with the requirements of Addendum No. 1 to Project
247;
WHEREAS, regarding, Item #7 on Page 8 of Bidder's bid as stated in the Protest
Letter, City staff received clarification from the Bidder relating to the text that was written;
WHEREAS, relating to the errors in calculations of the various costs as stated in
the Protest Letter, City staff has determined that the unit quantities and unit prices in
Bidder's bid are correct. However, Bidder made minor errors when calculating the total
cost per line -item using the units and unit prices and, therefore, resulted in the total cost
for the base bid and additive bid items to be incorrect. Nevertheless, the differences
between the correct calculations and incorrect calculations is minor; and
WHEREAS, based upon the foregoing and the written and oral information
presented to the City Council at its meeting of September 14, 2020, (including, but not
limited to, information presented by City staff and members of the public) relating to
Project 247, the City Council therefore desires to find that waiver of the above-mentioned
irregularities would not provide Bidder with an unfair competitive advantage; to waive the
above-mentioned irregularities in Bidder's bid, to find that the Bidder is the lowest
responsible bidder, and to award Project 247 to Bidder.
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.
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SECTION 2. All written and oral information presented to the City Council at its
meeting of September 14, 2020, (including, but not limited to, information presented by
City staff and members of the public), relating to Project 247 are incorporated herein by
this reference.
SECTION 3. Based upon the foregoing and the written and oral information
presented to the City Council at its meeting of September 14, 2020, (including, but not
limited to, information presented by City staff and members of the public) relating to
Project 247, the City Council hereby finds and determines as follows:
A. Waiver of the above-mentioned irregularities in Bidder's bid does not
provide the Bidder with an unfair competitive advantage pursuant to applicable law and,
therefore, the minor irregularities in Bidder's bid, as discussed in above, are therefore
waived.
B. The Bidder is the lowest responsible bidder pursuant to applicable law.
SECTION 3. Based upon the foregoing and the written and oral information
presented to the City Council at its meeting of September 14, 2020, (including, but not
limited to, information presented by City staff and members of the public) relating to
Project 247, the City Council hereby awards Project 247 to the Bidder as the lowest
responsible bidder pursuant to applicable law.
SECTION 4. 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 14th day of September 2020.
A OR OF THE CITY OF CYPRESS
ATTEST:
CITYWERK O T E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, Alisha Farnell, 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 14th day of September 2020; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CIT CLERK OFT E CITY F CYPRESS