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Resolution Number 85-12-3-8331 RESOLUTION NO. 85-12-3-8 AWARD OF BID FOR CONSTRUCTION OF CAMINO CAPISTRANO BRIDGE (NOVO-RADOS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING LOW BID AND CONTRACT TO NOVO-RADOS FOR THE CONSTRUCTION OF THE CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK WHEREAS, the City of San Juan Capistrano has advertised for bids for the construction of the Camino Capistrano Bridge at San Juan Creek; and, WHEREAS, Novo -Rados has submitted a low bid of $2,975,383.00; and, WHEREAS, Novo -Rados has satisfied all of the bid contract specifications, with the exception of assigning subcontractor work to disadvantaged businesses in an amount totaling 12% of the total project cost; and, WHEREAS, the contract specifications (Special Provisions, Paragraph 18; Title 49 Code of Federal Regulations, Part 23, Appendix A) provide that there may be a deviation from the disadvantaged business goal if a finding can be made that the low bidder has demonstrated a good faith effort to meet the disadvantaged business goal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano as follows: Section 1. Award of Low Bid. The City Council hereby awards the low bid to Novo -Rados for the low bid amount of $2,975,383.00 and authorizes the Mayor to execute appropriate contractual documents for the construction of the Camino Capistrano Bridge. Section 2. Findings Regarding Good Faith Effort. The City Council, pursuant to §§18 and 22 of the Special Provisions of the contract and Title 49 Code of Federal Regulations, Part 23, §23.45, Appendix A, hereby finds that the low bidder Novo -Rados has demonstrated a good faith effort to meet the disadvantaged business (DB) goal of 128. The City Council's finding is based on the following subsidiary findings: (a) The low bidder attended pre-bid meetings held by the City; -1- 332 (b) The low bidder engaged in more than adequate advertisement for DB subcontracting opportunities as set forth in the November 22, 1985, report of the Public Works Department; (c) The low bidder mailed solicitations to more than 300 certified DB and WBE firms on October 8, 1985; (d) The low bidder engaged in excellent follow-up by ^ offering to responding DBs copies of the appropriate sections of the plans and specifications at no cost to DBs; (e) The low bidder broke down various bid items to encourage and facilitate DB participation; (f) The low bidder offered explicit solicitation to DBs which included specific project information, identified sources for plans and specifications and provided the contractor's address and telephone number for clarifications and/or additional information; (g) Certain quotations received from DBs could not be incorporated into the contractor's low bid due to reasons beyond contractor's control (see Item 7 of Public Works Department report); (h) The low bidder offered to waive bonding premium requirements that would normally apply to subcontractors; (i) The low bidder put forth additional effort to attract DB by providing specific project information to 32 assistance centers on October 7, 1985, and Associated General Contractors of California as further described in the Public Works Department report at Item 9; and, (j) The low bidder made approximately 31% of the total contract cost available to DB and WBE firms, which is substantially greater than the overall 12% goal. The basis for this finding is set forth in the Public Works Department report at Item 10. Based upon the above circumstances, the City Council _ further finds that Novo -Rados actively and aggressively sought to meet the 128 "DB" contract goal. -2- Section 3 Public Works Report Incorporated 3 3 V by Reference. The Public Works Department report dated November 22, 1985, is attached as Exhibit "A" and incorporated herein by reference in support of the subsidiary findings as stated above. PASSED, APPROVED AND ADOPTED this 3rd day of December 1985 PHILLI R.-SCHWARTZEA MTYOR ATTEST: ITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 85-12-3-8 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of December 1985, by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None (SEAL) MARY ANN NOVER, CITY CLERK -3- 3-34 buTATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State California and in further compliance with City Resolution No. 83-12-20-3 and on the 5th day of December , she caused to be posted: RESOLUTION NO. 85-12-3-8 being: AWARD OF BID FOR CONSTRUCTION OF CAMINO CAPISTRANO BRIDGE (NOVO-RADOS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING LOW BID AND CONTRACT TO NOVO-RADOS FOR THE CONSTRUCTION OF THE CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK of 1985 , in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LIST ORD. NO- ..... __ RES. NO ...(� Mayor has signed ll Clerk has signed ......_.._... City Seal stamped i/.... All blanks typed in "Absent.. ............ .... _.. ._......._.... .,Noes....---.......................---.........---.----- ......._.... Typed in Official Record Book -------------- Posted to Classified Ca ds . ......._.... Copies sent t , . �!f t.. I. ........................... .............. Legal Publication ordered to be published (date) .. ................................ — ..... No. Affidavits ...... ..... ....................-- - No. Printed copies required ._..... __......... Remarks......... .................................................... ............................................................ — 7z -4- E-ARY ANN ER, C TY CLERK San Juan'Capistrano, California CHECK LIST ORD. NO- ..... __ RES. NO ...(� Mayor has signed ll Clerk has signed ......_.._... City Seal stamped i/.... All blanks typed in "Absent.. ............ .... _.. ._......._.... .,Noes....---.......................---.........---.----- ......._.... Typed in Official Record Book -------------- Posted to Classified Ca ds . ......._.... Copies sent t , . �!f t.. I. ........................... .............. Legal Publication ordered to be published (date) .. ................................ — ..... No. Affidavits ...... ..... ....................-- - No. Printed copies required ._..... __......... Remarks......... .................................................... ............................................................ — 7z -4-