HomeMy WebLinkAboutResolution 1963 - 0008RESOLUTION NO.63—8—7
AWARDING CONTRACT FOR CONTRACT NO.7-2A,
7-3C and 7—3D SUB-~’RUN~(S
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALI
FORNIA,AWARDING CONTRACT FOR CONSTRUCTION OF
CONTRACT NO.7-2A,7—3C &7-3D SUB—TRUNKS
The Board of Directors of County Sanitation District No.7 of
Orange County,California
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1.That the recommendation of the Engineers and the
General Manager,the tabulation of bids,and the proposal,are
hereby received and ordered filed;and
Section 2.That contract for construction of CONTRACT NO.7—2A,
7—3C,7—3D SUB—TRUNKS is hereby awarded to BOSKO CONSTRUCTION,Con
tractor,in the total amount of $316,928.00,in accordance with
the bid of said Contractor,which bid is hereby determined to be
the lowest and best bid therefor received on January 18,1963;and;
that the irregularity in said bid as described below,is hereby
waived;and
Section 3.That there exists an honest dispute between the
contractor and the District as to whether the bid on Item 6 was
$7.00 as written or $7.50 as appeared in figures.The Contractor
is of the opinion that the Board of Directors had discretion to
waive the words as an irregularity and to award the bid on the
basis of the figures at $7.50 per unit.It is acknowledged that
the District is sympathetic to the Contractor on the basis that It
was an honest clerical mistake made without gross negligence and
that If it was legally within their power,they would have calcu
lated the bid on the basis of $7.50 per unit in Item 6,but that
it was the opinion of the District upon advice of’their legal
counsel that they were unable to disregard the words written In
the bid on Item 6.
It was further the position of the District that this question
may be determined by action of declaratory relief or other appro
priate action Without prejudice to the contractor and in full
recognition of his contention and that if the contractor could have
~ueri legally awarded the bid on the basis of $7.50 per unit on
Item 6,the court may render a judgment against the District for
the difference between $7.00 per unit on Item 6 of Said bid and
$7.50 per unit on said Item 6.
Section ~That theY Chairman and the Secretary of the Board
of Directors of County SanItation District No.7 are hereby autho
rized and directed to enter into and sign a contract with said
Contractor for the work to be done and the material to be furnished
for said work pursuant to the specifications and contract documents
therefor;and
Section 5.That all other bids received for said work are
hereby rejected,and that all certified checks or cashier’s checks
submitted as bid bonds,be returned to the unsuccessful bidders.
STATE OF CALIFORNIA)
)SB
COUNTY OF ORANGE )
I,FRED A.HARPER,Secretary of the Board of Directors of
County Sanitation District No.7 of Orange County,California,do
hereby certIfy that the above and foregoing Resolution No.63—8—7
was regularly passed and adopted at an adjourned regular meeting of
said Board on the 30th day of January 1963,by the following vote,
to wit:
AYES:Directors:Doney,Cook,Hall,Meyers,
Parks and Featherly
NOES:None
ABSENT:None
IN ~riITNESS tIHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.7 of Orange County,
California,thIs 30th day of January 1963.
Fred A.Harper,Secretary of the
Board of Directors of County
Sanitation District No.7 of
Orange County,California
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