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expenses). There are $115,000 of unspent funds remaining in Davis Park Restroom and Park <br />Improvement Project. <br />As a matter of note, on December 19, 2003 the apparent second lowest bidder (F.E.C. Electric, Inc.) <br />submitted a protest letter, claiming that the apparent lowest bidder (MacKenzie Electric, Inc.) should <br />have listed its crane provider and operator or its drill rig provider and operator. However, <br />MacKenzie Electric, Inc. has indicated that this equipment will cost less than 0.5%, which is the <br />statutory threshold for listing. Moreover, it is not clear that this type of rental equipment is required <br />to be listed under the Subletting and Subcontracting Fair Practices Act. Therefore, staff considers <br />this protest to be without merit. <br />ENVIRONMENTAL IMPACT: <br />The Notice of Exemption for this project was filed on December 4, 2001. <br />CONFLICT OF INTEREST: <br />Exact Business Name: MacKenzie Electric, Inc. <br />President or equal: Patrick MacKenzie <br />Contact or representative: Joseph Walburn <br />FINANCIAL/FISCAL IMPACT: <br />Account No. 457-6622-6680-3890 is already set-up for this project. There are $250,000 grant <br />available (Roberti-Z'Berg-Harris Urban Open Space and Recreation Grant Program) for the <br />construction of this project and an additional $50,000 donated by Cal -South Field development <br />Foundation. Staff is recommending that $103,370 be allocated from Davis Park Restroom and Park <br />Improvement Project to this project to cover the cost difference. <br />RECOMMENDATION: <br />Staff respectfully recommends that Council: <br />1. Approve Resolution appropriating additional funds for Colton Middle School Soccer Field <br />Lighting Project by re -allocating $103,370 from Davis Park Restroom and Park Improvement <br />Project to this project. <br />2. Authorize the award of construction contract for Colton Middle School Soccer Field Lighting <br />Project to the lowest responsive and responsible bidder, MacKenzie Electric, Inc., of Highland, <br />California, in the amount of $366,700. <br />Attachments: Resolution to appropriate additional funds for this project <br />Report prepared by Victor Ortiz - Engineering Dept. <br />REVIEW TEAM ONLY <br />City Attorney: j Finance Director: <br />I <br />City Manager: <br />OTHER: <br />