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HomeMy WebLinkAbout1992-07-14 - AGENDA REPORTS - COMMUTER RAIL STATION (2)CONSENT CALENDAR DATE: July 14, 1992 AGENDA REPORT City Manager Approval Item to be presented by: Anthony J. Nisich<WA SUBJECT: COMMUTER RAIL STATION - PROJECT 91-17 - Phase II BID AWARD DEPARTMENT: Community Development BACKGROUND On June 23, 1992, Council authorized'the advertisement of the subject project. The project provides for Public and Site work construction of the Commuter Rail Station. On July 9, 1992, the following bids were received by the City Clerk: Company Bid Amount Granite Construction Company $2,1350805.00 P.O. Box 50085 Watsonville, CA 95077-5085 C.A. Rasmussen, Inc. 2,221,729.17 2360 Shasta Way Simi Valley, Ca 93065 Excel Paving Company 21607,929.87 2230 Lemon Avenue Long Beach, CA 90806 Mallcraft, Inc. 3,886,372.10 P.O. Box 91983 Pasadena, CA 91109-1983 The Engineer's estimate for this phase of the project is $2,429,763.61. A total of $694,520 has been budgeted in FY 91-92 and $4,329,000 in rY 92-93 for design, contract administration, inspection, and construction of the entire project. Pursuant to the terms of this bid proposal, meeting the goal for Disadvantaged Business Enterprises (DBE) participation or demonstrating, to the satisfaction of the City, a good faith effort to do so is a condition for being eligible for award'of the contract. Granite Construction Company of Watsonville, California was the apparent low bidder but did not meet the DBE goal nor demonstrate to the satisfaction of the City, a good faith effort to do so. This substantial non-compliance constitutes a non-waivable irregularity. Staff has 'therefore determined that C.A. Rasmussen, Inc., of Simi Valley, California, the second lowest bidder having complied with all provisions of the bid proposal to be the Lowest Responsible Bidder. m�m Agenda Item: AGENDA REPORT/Bid Award July 14, 1992 'COMMUTER RAIL STATION - PROJECT 91-17 - Phase II Page 2 o 2 , The City Attorney has reviewed the bid documents and bidder proposals and advises that Granite Construction Company's bid proposal be rejected. Therefore, staff recommends that the project be awarded to the lowest responsible bidder, C.A. Rasmussen, Inc.. C.A. Rasmussen possesses the necessary State Contractor's license and meets the other bid requirements. 1. Reject Granite Construction Company's bid. 2. Award the contract to C.A. Rasmussen, Inc. in the amount of $2,221,729.17. AGN:ee:jjs:676 "Y GRANITE CONSTRUCTION COMPANY Palmdale Branch Box 902500 Palmdale, CA 93590-2500 (805) 272-9989 July 14, 1992 City Council City`of Santa Clarita 23920 valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Res Santa Clarita Commuter Rail Station; Project 91-17 - Phase II Gentlemens .Granite Construction Company ("Granite") has received staff's Agenda Report dated July 14, 1992 recommending rejection of Granite's low bid and award of the above -referenced contract to the second low -bidder, C. A. Rasmussen, Inc. Granite bid $2,135,805; Rasmussen bid $2,221,729.17, some $851924.17 more than Granite. ! Under section 20162 of the Public Contract Code, the City must let this project to the lowest responsible bidder. Because of federal financial assistance from the Department of Transportation, the.specifications for this project require the apparent low bidder to either meet the Disadvantage Business Enterprise ("DBE") goal of 148 participation or make a good faith effort according to established criteria to meet the DBE goal.; Granite by letter dated July 9, 1992 provided all the information required by the specifications, DOT regulations and section 20p0 of the Public Contract Code demonstrating Granite's good faith; effort to moat the DBE goal for the above -referenced project. Granite's performance of all the criteria required for ,a good j faith effort creates a rebuttable presumption in Granite's favor that it has made a good faith effort to comply with the DBE gohl. (Pub. Contract Code, 5 2000(c).) Granite has repeatedly requested City Staff to explain why the City believes that Granite's good faith effort was deficient. City Staff has failed to identify where or how Granite has fallen short. Since the City refuses to acknowledge Granite's good faith efforts, the City has transformed a DBE gial into an absolute requirement. City CouncX1 July 14, 1992 Page 2 Pursuant to Public Contract Code sections 2000 and 20162.and Part 23 of Title 49 of the Code of Federal Regulations, Granite respectfully urges the City to reject the recommendati n of staff set forth in the Agenda Report and instead award the P contract for the above -referenced project to.Granite. An away to Rasmussen will violate the competitive bidding statute and ny contract based -on such award will be void. Respectfully submitted, GRANITE CONSTRUCTION COMPANX i BG:lel By Greene, Assistant Branch Manager