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Contract Award For
<br />Santa Clara Avenue Sewer and
<br />Water Main Improvements
<br />March 21, 2011
<br />Page 2
<br />NAME OF RESPONSIVE BIDDER CITY BID AMOUNT
<br />1. Garcia Juarez Construction, Inc. Brea $1,196
<br />325.00
<br />2. Mike Bubalo Construction Company Baldwin Park ,
<br />$1,241,900.00
<br />3. Nikola Corporation Irvine $1,311,370.00
<br />4. Dominguez General Engineering, Inc. Rosemead $1,311,645.00
<br />5. Kana Pipeline, Inc. Placentia $1,370,000.00
<br />6. J. De Sigio Construction, Inc. Baldwin Park $1,374,575.00
<br />7. T.E. Roberts, Inc. Tustin $1,404
<br />072.50
<br />8. Vido Artukovich & Son, Inc. S. El Monte ,
<br />$1,422
<br />800.00
<br />9. T. B. U., Inc. Beaumont ,
<br />$1,532
<br />985.00
<br />10. MNR Construction, Inc. San Dimas ,
<br />$1,537
<br />400.00
<br />11. J. A. Salazar Construction & Supply La Habra ,
<br />$1,594
<br />605.00
<br />12. Savala Construction Irvine ,
<br />$1,740
<br />692.15
<br />13. Blois Construction, Inc. Oxnard ,
<br />$1,861,130.00
<br />While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids,
<br />no contractors from Santa Ana submitted bids. The eight Santa Ana contractors did not submit a
<br />bid either because they are not capable of performing this type of work, unable to obtain insurance
<br />because the project is too large, or they work as a subcontractor only for certain prime contractors.
<br />A total of 13 bids were received and all were responsive. The lowest bid was submitted by Garcia
<br />Juarez Constriction, Inc., for $1,196,325 which is below the Engineer's estimate of $1,497,500.
<br />BID PROTEST
<br />The Public Works Agency issued a Notice Inviting Bids for the above project. After bids were
<br />opened on January 6, 2011, the City received a bid protest from Mike Bubalo Construction Co.,
<br />Inc., alleging that the low bidder submitted a late bid, and should have been disqualified. The
<br />contractor asserted that the late filing cannot be waived because it is a material irregularity which
<br />affects the amount of the bid and/or gives the late bidder an advantage over other bidders.
<br />The protesting party has the burden of proof to demonstrate that the staff's determination of
<br />proposed low bidder is arbitrary and capricious, or unsupported by substantial evidence in the
<br />record.
<br />The parties agree to the following facts:
<br />The Notice Inviting Bids provides that the City will receive sealed bids "on or before the hour of
<br />2:00 p.m." Additionally, the Instructions to Bidders warns that it is the bidder's responsibility to
<br />ensure delivery of the proposal to "...the Public Works Agency, Fourth Floor Receptionist, prior
<br />to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be
<br />considered."
<br />23B-2
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