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The first and second apparent low bidder (International Pavement Solutions and Braughton <br />Construction respectively) failed to attach the issued addendum for this project; therefore the bids <br />received from these contractors were deemed non-responsive, as they were incomplete. On May <br />5, 2008, the City received a letter of protest from Braughton Construction (Exhibit C) stating they <br />did not receive the addendum as a result of OCB Reprographics' failure to send it; OCB <br />Reprographics provides the Engineering Division with printing services for formally bid projects, <br />access to online planrooms where interested bidders can view a project's construction <br />documents, and distributes plans and addendum on behalf of the City to interested bidders. <br />Attached as Exhibit D, is a letter from OCB to the City stating that they did fail to distribute the <br />addendum for this project to Braughton Construction. <br />Subsequently, on May 5, 2008, the City received another protest from Micon Construction (Exhibit <br />C) claiming that the first two (2) apparent low bidders should be disqualified due to their failure to <br />attach the addendum; the project's Contract Document and Specifications states that all addenda <br />issued by the City shall be included in the bid and made part of the contract documents. It is the <br />recommendation of the City Attorney and City staff to reject all bids to avoid further delays to <br />these projects, which may arise due to litigation founded upon bid discrepancies. Staff requests <br />authorization to reject all bids and jointly rebid the McKinely Park Improvement Project and Prado <br />Park Improvement Project. <br />FINANCIAL IMPACT: <br />The funding for the McKinley Park Improvement Project is provided for by a State Grant, <br />Proposition 40. and budaeted in account 450-0808-6986-3890. <br />Budget <br />Year -to -Date <br />Expenditures <br />Open Encumbrances <br />Available Funds <br />$132,956 <br />$18,284.50 <br />$0.00 <br />$114,671.50 <br />The funding for the Prado Park Improvement Project is provided for by the Bond Revenue and is <br />budgeted for in account 457-0631-6960-3890. <br />Budget <br />Year -to -Date Open Encumbrances <br />Expenditures <br />Available Funds <br />$280,200 <br />$24,126 $0.00 <br />$256,074.00 <br />ENVIRONMENTAL IMPACT: <br />The proposed public improvements are Exempt under Section 15301 of the California <br />Environmental Quality Act (CEQA). Notice of Exemption will be filed to County of San Bernardino <br />prior to the construction of the identified project improvements. <br />CONFLICT OF INTEREST: <br />Not applicable. <br />