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Home My WebLink About09-16-2014 B1 Appeal of LOVR Interchange Contract Award - AppealRECEIVED SEP 0 4 2014 ,L0U eC fR RE: Appeal of Denial of Protest to Award of Public Works Project to Granite Construction, Inc. Project: US 101/LOVR Project, No. 99821 Appellant: John Madonna Construction Company, Inc. and Souza Construction, Inc. a Joint Venture (herein "Madonna- Souza) Pursuant to Chapter 1.20 of the San Luis Obispo Municipal Code, you are hereby notified that appellant appeals to the City Counsel of San Luis Obispo from the staff administrative decision dated September 2, 2014, denying the bid protest of Madonna -Souza to award of the public works project referenced above to Granite Construction, Inc. The grounds of this appeal is that Granite's bid was non - responsive to the Invitation to Bid documents, and that award would violate the provisions of the City Charter requiring the contract to be awarded to the "lowest responsible bidder whose bid is responsive to the invitation to bid." This Charter provision is consistent with Court precedent invalidating award to a bidder whose bid is not responsive to the bid documents, including the DBE requirements set forth by Appeal of Denial of Protest to Award of Public Works Project to Granite Construction, Inc. Sao 0314 01:24p J• Taven9r Holland 8057810828 p.2 Lbc City and by Federal i,a-%v for a project aided by federal funds, and this project proposes to use federal funds in it's construction. Granite's bid documents, end all docuzxa lts i'1 by Granite in support of rn,eeti�fg the Disadvantaged Business Enterprise ("DBE ") Commitment are absent any evidence Granite had TARE Commitments to the proicct at tie time of bid or. within. the time that the bid documents required documentation suliFicient to meet the DBE requir=Ants on this project; or to show a good faltb. effort to meet those rcquixe�oucnts. A.5 such. the bid %vas nonresponsive and required to be rejected. Wherefore, appellant requests a'hearing be set before the City Council on the issue set forth, in this appeal as required by law. Dated: __ 2014 (lerald C. Weaver, A Law Corposarion. Law Offices of J. '£avewr IIolland Gerald C. Weaver Attorney for Appellant Madonna -Souza Joint Venture Appeal of Denial. of Protest to Amard of Public Works Project to Granite Construction, Inc. 09/04/2014 13:48 FAX 8057817109 SAN LUIS ADMIN 0001 TX REPORT acac TRANSMISSION OK TX /RX NO 3767 CONNECTION TEL 97810828 CONNECTION ID ST. TIME 09/04 13:47 USAGE T 01'17 PGS. SENT 3 RESULT OK Y 000 ` q City Administration 990 Palm Street, San Luis Obispo, CA 93401 -3249 805,781.7114 September 4, 2014 Gerald C. Weaver Gerald C. Weaver, a Law Corporation 1220 Marsh Street San Luis Obispo, CA 93401 Via Facsimile and U.S. Mail Fax: 805- 781 -0828 J. Tavener Holland Law Offices of J. Tavener Holland 1220 Marsh St. San Luis Obispo, CA - 93401 Subject: US 101 / LOVR Project, Specification No. 99821 (the "Project ") Dear Misters Weaver and Holland, The City of San Luis Obispo ( "City ") is in receipt of your September 3, 2014 letter (copy attached) requesting an appeal of the City Director of Public Works' September 2, 2014 decision denying the bid protest you submitted on August 19, 2014 on behalf of John Madonna Construction Company Inc./ Souza Construction, Inc. protesting the responsiveness of Granite Construction Company's bid for the above referenced Project. A hearing date of September 16, 2014 has been scheduled for the City Council to hear your appeal. The City Council meets in the San Luis Obispo Council Chambers located at 990 Palm Street, San Luis Obispo, California 93401 starting at 6:00 p.m. A staff report will be prepared and will be available prior to the hearing date. PLEASE BE ADVISED that your September 3, 2014 letter did not include the $273.00 appeal fee as required by the City's Master Fee Schedule and 2013 -15 Financial Plan. Unless the City receives the appeal fee within the time frame specified in San Luis Obispo Municipal Code Section 1.20.030, your appeal will be considered untimely and the hearing will be taken off calendar. If you have any questions or concerns, please feel free to contact me at (805) 781 -7102 or amejiagslocitv.orQ, Sin 1y, a/ any City Administration r 990 PQ I of : ;eel. Sara LLAS Obat3¢` , CA 9'.3 \ t 805 7 8 1 r 0 4 September 4, 2014 Via Facsimile and U.S. Mail Fax: 805- 781 -0828 Gerald C. Weaver J. Tavener Holland Gerald C. Weaver, a Law Corporation Law Offices of J. Tavener Holland 1220 Marsh Street 1220 Marsh St. San Luis Obispo, CA 93401 San Luis Obispo, CA - 93401 Subject: US 101 / LOVR Project, Specification No. 99821 (the "Project ") Dear Misters Weaver and Holland, The City of San Luis Obispo ( "City ") is in receipt of your September 3, 2014 letter (copy attached) requesting an appeal of the City Director of Public Works' September 2, 2014 decision denying the bid protest you submitted on August 19, 2014 on behalf of John Madonna Construction Company Inc./ Souza Construction, Inc. protesting the responsiveness of Granite Construction Company's bid for the above referenced Project. A hearing date of September 16, 2014 has been scheduled for the City Council to hear your appeal. The City Council meets in the San Luis Obispo Council Chambers located at 990 Palm Street, San Luis Obispo, California 93401 starting at 6:00 -p.m. 4:00 p.m. A staff report will be prepared and will be available prior to the hearing date. PLEASE BE ADVISED that your September 3, 2014 letter did not include the $273.00 appeal fee as required by the City's Master Fee Schedule and 2013 -15 Financial Plan. Unless the City receives the appeal fee within the time frame specified in San Luis Obispo Municipal Code Section 1.20.030, your appeal will be considered untimely and the hearing will be taken off calendar. If you have any questions or concerns, please feel free to contact me at (805) 781 -7102 or amej ia(a)slocity.org. Si ely, r- thony J. Mej i ,1 City Clerk Attachments: September 3, 2014 letter from Gerald C. Weaver cc: Heather J. Lenhardt, Granite Construction Company Katie Lichtig, City Manager J. Christine Dietrick, City Attorney Daryl Grigsby, Director of Public Works �1 Q3 City Administration 990 Palm Street, San Luis Obispo, CA 93401 -3249 805.781.7114 :�Giclh, °uil September 4, 2014 Gerald C. Weaver Gerald C. Weaver, a Law Corporation 1220 Marsh Street San Luis Obispo, CA 93401 Via Facsimile and U.S. Mail Fax: 805-781-0828 J. Tavener Holland Law Offices of J. Tavener Holland 1220 Marsh St. San Luis Obispo, CA - 93401 Subject: US 101 / LOVR Project, Specification No. 99821 (the "Project ") Dear Misters Weaver and Holland, The City of San Luis Obispo ( "City") is in receipt of your September 3, 2014 letter (copy attached) requesting an appeal of the City Director of Public Works' September 2, 2014 decision denying the bid protest you submitted on August 19, 2014 on behalf of John Madonna Construction Company Inc./ Souza Construction, Inc. protesting the responsiveness of Granite Construction Company's bid for the above referenced Project. A hearing date of September 16, 2014 has been scheduled for the City Council to hear your appeal. The City Council meets in the San Luis Obispo Council Chambers located at 990 Palm Street, San Luis Obispo, California 93401 starting at 6:00 p.m. A staff report will be prepared and will be available prior to the hearing date. PLEASE BE ADVISED that your September 3, 2014 letter did not include the $273.00 appeal fee as required by the City's Master Fee Schedule and 2013 -15 Financial Plan. Unless the City receives the appeal fee within the time frame specified in San Luis Obispo Municipal Code Section 1.20.030, your appeal will be considered untimely and the hearing will be taken off calendar. If you have any questions or concerns, please feel free to contact me at (805) 781 -7102 or amejiagslocity.org. Sin t•Y on City Cl Attachments: September 3, 2014 letter from Gerald C. Weaver cc: Heather J. Lenhardt, Granite Construction Company Katie Lichtig, City Manager J. Christine Dietrick, City Attorney Daryl Grigsby, Director of Public Works TELEPHONE: (559) 642 -3942 COAST NATIONAL BANK ARROYO GRANDE, CA 93420 GERALD C. WEAVER - - A LAW CORPORATION 1220 MARSH STREET SAN LUIS OBISPO, CA 93401 20199 90 -4252 1222 PAY._ - -'_ . -'e��4 "�'j► T _Darti � ewZc K r►o. A nOUNI - �- afa 11i? •.fky TO THE _ t lco ORDER OF �? � -5� L.S o? 10 - 7c u'0 20 199E10 1: 12 2 24 2 5 26i: 10 2 50 408 911' �I