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FROM C I TY~OF S. B. RTTRNY.
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6. 6.1994 11125
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June 3,1994
City of San Bernardino
Dept. of Public Works/Engineering
300 N. "0" Street
San Bernardino, CA 92418-001
Attn: Roger G. Hardgrave, Director ofpublic Works/City Engineer
RE: Construction on Fonner Norton Air Force Base, Plan No, 9053
Bid May 17, 1994 at 2:00 PM
Dear Sir:
This letter will serve as official protest by Silvia Construction, Inc. of
the bid and pending award of the contract to the apparent low bidder,
Matich Corporation, for failure to meet the DBE goals established by the
City of San Bernardino for the above referenced project. These DBE goals
are clearly stated in the Special Provisions and were further reiterated at the
Pre-Bid Field Review held April 26, 1994. The submission of a "Good Faith '.
Effort" by Matich Corporation is inadequate since other competing
contracting f11'ms including SHiva Construction, Inc. were able to meet the
established goals. It is unfair for the City to impose contract requirements in
an inequitable manner.
In recent conversations with various City personnel regarding this
matter there seems to be a great deal of confusion as to what is actually
"required" and what is considered a "goal," It certainly would make the
bidding process easier for all the interested contractors if only a "Good
Faith Effort" criterion should only be utilized if none of the bidders are able
to meet the "goals." The DBE "goals" for this project were llltail18ble with
great difficulty.
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2209 ARROW ATE. . UPLAND, CA 91766' (909) 949-1127 . FAX [90S] 949-9679 . liCENse *066194 A
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FRO" CITV~OF 5.8. RT,RNV.
6. 6.1994 11a2f.
P. 3
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Therefore, the second low bid submitted by Silvia Construction. Inc,
should be considered for the award of this COntract since all the "goals" and
requirements were met during the bidding process, Favorable consideration
regarding this matter would be greatly appreciated.
S;n=ely, ~ /
Uf~
10 Notardonato
S retary
CC: W.R, Holcomb, Mayor
James F. Penman, City Attorney
.U .-~. Ihli&.
~ CITY OF SAN BER~RDINO -
'\.~"
REQUEST F~R COUNCIL ACTION
F.... ..;. No. 1. 29l
,
From:
ROGER G. HARDGRAVE
Subject:
Award of Contract - Il!Iprovement
of Tippecanoe Avenue, .C. Street
and Del Rosa Drive, per Plan No.
9053 -- MATICH CORPORATION
Dept:
Public Works
Date:
5-18-94
Synopsis of Previous Council action:
06-01-92 Authorization granted by CDC to execute a Loan Guaran-
tee Agreement with IVDA for loan of $800,000 from
SANBAG.
07-06-92 -- Authorization granted for City to assume responsibility
of a Consulting Engineer and execution of an AgreeMent
for provision of these services.
12-07-92 -- Resolution No. 92-453 adopted authorizing execution of
an Agreement with URS Consultants, Inc. for Phase I of
services.
04-19-93 -- Continued to 5-10-93 and Director of Public Works/City
Engineer directed to invite other firms to submit new
bids on adopted street alignment.
(Continued on second page)
Recommended motion:
Adopt resolution.
cc: Bill Bopf, IVDA
Shauna Clark
Barbara pachon
Jim Penman
Contact person:
Roqer G. Hardgrave
Staff Report, Report of
and Resolution
Phone:
Bids
Ward:
5025
Supporting data attached:
1
FUNDING REQUIREMENTS:
Amount: $6.485.000 (EDA Grant & IVDA)
Source: (Acct. No.l
242-362-57291
Acct. Oescri tion
Avenue. "c" St. & Del Rosa Avenue
Finance:
Council Notes:
.
75-0262
Agenda Item No.
$-1.1
~
o
P~LIC WORKS
File No. 1.291
SYNOPSIS OF PREVIOUS COUNCIL ACTION (Continued)
05-10-93 -- Resolution No. 93-130 adopted authorizing execution of
Amendment to Agreement with URS Consultants, Inc., for
Phase II of design services.
10-04-93 -- Resolution No. 93-382 adopted authorizing the Mayor to
execute application to the Economic Development Agency
for a grant.
01-24-94 -- Plans approved and authorization granted to advertise
for bids.
03-07-94
Continued to Council Meeting of 3-21-94.
03-21-94
Resolution No. 94-68 adopted authorizing execution of
approval and award of grant.
Resolution No. 94-107 adopted authorizing execution of
Second Amendment to Agreement with URS Consultants,
Inc., for provision of construction staking services.
05-02-94
5-18-94
. CITY OF SAN- _~DlNO - REQUEST ~R COUNCIL ACTioN
STAFF REPORT
Page 1 of 2
Bids for the improvement of Tippecanoe Avenue, "c" Street
and Del Rosa Drive, within Norton A.F.B., were opened at 2:00
p.m., Tuesday, 5-17-94.
A total of 7 bids were received, ranging from
$4,113,313.00 to $4,786,237.50. The low bid of $4,113,313.00 is
30.8% under the Engineer's Estimate of $5,942,000.00.
Below is an estimate of the total project cost, based
upon the actual low bid price.
Construction Contract
Administrative & Legal Expenses
Right-of-Way & Appraisals
Consultant's Design Fee
Checking Consultant's Plans (W.O. #1993)
Contract Administration, Inspection(W.6.
Installation of Utility Facilities
Sub-Total
Contingencies (15%)t
TOTAL ESTIMATED PROJECT COST
$ 4,113,313.00
5,000.00
108,000.00
263,000.00
25,000.00
375,000.00
750,000.00
$ 5,639,313.00
845,687.00
$ 6,485,000.00
The remaining portion of the
appurtenant facilities will be installed
at an estimated cost of $1,515,000.00.
20-inch water line and
by the Water Department,
A joint application was submitted by IVDA and the City of
San Bernardino to the Economic Development Agency (EDA) for a
grant in the amount of $6,925,000.00. This grant will be used to
finance 75% uf the costs incurred for improving these streets and
installing the water main.
The 25% local matching requirement will be provided by
the IVDA from tax increment funds.
All costs incurred for this project will be charged to
Account No. 242-362-57291, and reimbursed from the EDA Grant and
IVDA tax increment funds.
The following goals were listed in the contract documents
for MBE/WBE participation, in accordance with the EDA' s
procedure:
MBE 19%
WBE 6.9%
Information submitted by the low bidder shows that the
level of MBE/WBE participation in their contract will be 15.1%
10-26-94
75-0264
CITY OF SAN BERN,ARDINO - REQUEST FQR COUNCIL ACTION
,
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STAFF REPORT
Page 2 of 2
and 5.1% respectively. A Good Faith Effort Statement has been
submitted by the low bidder in application of a waiver of the
EDA's goals for MBE/WBE participation.
EDA has advised us that the listed levels of participa-
tion are goals, and a waiver can be granted by a local agency,
'upon making a finding that a good faith effort was made.
Documentation submitted by the low bidder, in support of
their Good Faith Effort Statement, clearly indicates that an
extensive effort was made to secure participation by certified
MBE/WBE' s. This documentation is available in our office for
review.
It should be pointed out that even though the low bidder
did not achieve compliance with the EDA goals, the goals of 15%
MBE and 5% WBE, adopted by both the IVDA and City, are met.
After reviewing the documents
bidder, we feel that good faith effort
cipation by MBE/WBE's.
submitted by the low
was made to secure parti-
The
mendation to
of 6-8-94.
IVDA Board will be reviewing the bids and recom-
award a contract to the low bidder, at their meeting
We recommend that a contract be awarded to the low
bidder, and a waiver of the MBE/WBE goals be granted.
URGENCY CLAUSE:
These streets need to be improved as soon as possible, in order
to be in a position to facilitate the proposed developments
within the area leased by the San Bernardino Interational Airport
Authority and the area under control of the Inland Valley
Development Agency.
5-26-94
75.0264
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY. OF SAN BERNARDINO AWARDING A
CONTRACT TO MATICH CORPORATION FOR IMPROVEMENT OF TIPPECANOE
3 AVENUE, "C" STREET AND DEL ROSA DRIVE, WITHIN NORTON A.F,B., AND
GRANTING A WAIVER OF THE PRESCRIBED MBE/WBE GOALS.
4
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
A finding is hereby made that the low bidder,
7 Matich Corporation, made a good faith effort to meet the
8 prescribed goal of 19% for participation by Minority Business
9 Enterprises (MBE) and 6.9% for Women's Business Enterprises
10 (WBE); and that a waiver of the prescribed goal is hereby
11 approved,
12 SECTION 2. Matich Corporation is the lowest responsible
13 bidder for: Improvement of Tippecanoe Avenue, "C" Street and Del
14 Rosa Drive, within Norton, A.F.B., per Plan No. 9053. A contract
15 is awarded accordingly to said bidder for the total amount of
16 $4,113,313.00, but such award shall be effective only upon the
17 contract being fully executed by both parties. All other bids,
18 therefore, are hereby rejected. The Mayor is hereby authorized
19 and directed to execute said contract on behalf of the City; a
20 copy of the contract is on file in the office of the City Clerk
21 and incorporated herein by reference as fully as though set forth
22 at length.
23 SECTION 3. This contract and any amendment or modifica-
24 tions thereto shall not take effect or become operative until
25 fully signed and executed by the parties and no party shall be
26 obligated hereunder until the time of such full execution. No
27 oral agreements, amendments, modifications or waivers are
28 intended or authorized and shall not be implied from any act or
5-26-94
RESO: AWARDING CONTRACT TO MATICH CORPORATION FOR IMPROVEMENT OF
TIPP~OE AVENUE, "C" STREET, ("\To DEL ROSA DRIVE: AND
GRANT~G A WAIVER OF MBE/WBE GO~
1 course of conduct of any party.
2
SECTION 4. This resolution is rescinded if the parties
3 to the contract fail to execute it within sixty (60) days of the
4 passage of this resolution.
5 I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Mayor and Common Council of the City of San
7 Bernardino at a meeting thereof, held on the
8 day of
9 Council Members:
10 NEGRETE
11 CURLIN
12 HERNANDEZ
13 OBERHELMAN
14 DEVLIN
15 POPE-LUDLAM
16 MILLER
, 1994, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
AYES
17
18
19
20
21
22
23
24
25
26
27 By
28
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
, 1994.
day of
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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