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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 <br />CITY <br />BID AMOUNT <br />1. <br />Garcia Juarez Construction, Inc. <br />Brea <br />$1,196,325.00 <br />2. <br />Mike Bubalo Construction Company <br />Baldwin Park <br />$1,241,900.00 <br />3. <br />Nikola Corporation <br />Irvine <br />$1,311,370.00 <br />4. <br />Dominguez General Engineering, Inc. <br />Rosemead <br />$1,311,645.00 <br />5. <br />Kana Pipeline, Inc. <br />Placentia <br />$1,370,000.00 <br />6. <br />J. De Sigio Construction, Inc. <br />Baldwin Park <br />$1,374,575.00 <br />7. <br />T.E. Roberts, Inc. <br />Tustin <br />$1,404,072.50 <br />8. <br />Vido Artukovich & Son, Inc. <br />S. El Monte <br />$1,422,800.00 <br />9. <br />T. B. U., Inc. <br />Beaumont <br />$1,532,985.00 <br />10. <br />MNR Construction, Inc. <br />San Dimas <br />$1,537,400.00 <br />11. <br />J. A. Salazar Construction & Supply <br />La Habra <br />$1,594,605.00 <br />12. <br />Savala Construction <br />Irvine <br />$1,740,692.15 <br />13. <br />Blois Construction, Inc. <br />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 />W <br />