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1994-085-Rejecting Bids Received On Project 9328 Without PrejudiceRESOLUTION 1994 - 85 RESOLUTION REJECTING BIDS RECEIVED ON PROJECT 9328 WITHOUT PREJUDICE, AMENDING PLANS AND SPECIFICATIONS OF PROJECT 9328, AND AUTHORIZING READVERTISEMENT OF PROJECT FOR BID WHEREAS: 1. On May 16, 1994, the Town Council approved the plans and specifications for Project 9328 - Los Gatos Creek Trail, and authorized the project to go out for bid. 2. The project was duly advertised, and on June 15, 1994, at the date and time advertised, bids for the project were opened. 3. Only one bid was received and that was from B &B Concrete for $832, 043. 4. The amount bid was more than twice the Engineers Estimate for the project and it appears that B &B Concrete made calculation errors and may have misinterpreted the plans and specifications in some particulars. 5. It further appears that other potential bidders were confused over some of the particulars of the plans and specifications and that there are ways to save project costs by some adjustments in the plans and specifications. 6. Pursuant to Public Contract Code § 20166, it is in the best interests of the Town to reject the bid received, to clarify the plans and specifications, and to readvertise the Project for bids. 7. It is further in the best interests of the Town to permit B &B Concrete to submit a bid at the readvertised date and time. RESOLVED: A. The bid of B &B Concrete submitted on June 15, 1994, for Project 9328 is rejected. B. The corrected Plans & Specifications for Project 9328 are approved, and the Town Manager is authorized to readvertise the Project for bid. C. B &B Concrete shall be permitted to submit a bid on the readvertised project without prejudice. This decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state or federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 27th day of June, 1994 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR F THE TOW F LOS GATOS LOS GATOS, CALIFO A ATTEST: 4 CLERK OF THE TOWN OF 1 OS GATOS LOS GATOS, CALIFORNIA