HomeMy WebLinkAbout09-16-2014 b1 lichtigGtr Y CJ�,
Council
September 10, 2014
TO: City Council
COUNCIL MEETING:
ITEM NO.: R
FROM: Daryl R. Grigsby, Director of Public Works
3
VIA: Katie Lichtig, City Manager
SUBJECT: Resolution for Council Mee ing ` September
Protest for Los Osos Valley Road Interchange
RECEIV
SEP 10 2014
SLO CITY CLERK
16, 2014 — B1. Appeal of Bid
Attached is the resolution for Item B 1. Consideration of Appeal of the Director of Public Works'
Decision Denying Bid Protests Filed by John Madonna Construction, Inc./ Souza Construction,
Inc. and (If Filed) Calportland Construction Company Regarding the Los Osos Valley Road /Us
101 Interchange Improvements Project; Award Construction Contract for the Los Osos Valley
Road /Us 101 Interchange Improvements Project, Specification No. 99821, Attachment 7.
Due to the timing of the appeal submittal, the resolution was not available with the agenda
package.
g\staff- reports- agendas- minutes \_ccmemos\2014 \9 -16 -14 bl lovr appeal cc memo docx
Attachment 7
RESOLUTION NO. (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING THE DIRECTOR OF PUBLIC WORKS' DECISION TO DENY THE BID
PROTEST SUBMITTED BY JOHN MADONNA CONSTRUCTION COMPANY INC./
SOUZA CONSTRUCTION, INC., A JOINT VENTURE, AGAINST GRANITE
CONSTRUCTION COMPANY REGARDING THE LOS OSOS VALLEY ROAD
INTERCHANGE PROJECT, SPECIFICATION NO. 99821
WHEREAS, on June 10, 2014, the City Council of the City of San Luis Obispo ( "City ")
authorized the inviting of bids for the Los Osos Valley Road /US 101 Interchange Improvements
Project, Specification No. 99821 (the "Project "), including requirements for bid submission; and
WHEREAS, on August 12, 2014, five sealed bids were publically opened for the Project
and evaluated for conformance with the Project's bidding requirements; and
WHEREAS, Granite Construction Company ( "Granite ") was the apparent lowest bidder
for the Project;
WHEREAS, on August 15, 2014, Granite submitted Disadvantaged Business Enterprise
( "DBE ") goal and good faith effort documentation with the City. A copy of Granite's DBE
Commitment form and underlying quotes is attached hereto as Exhibit "A" and incorporated
herein by this reference. Granite's DBE documentation was subsequently evaluated by City staff
and found to be in substantial conformance with the bidding requirements; and
WHEREAS, on August 19, 2014, the John Madonna Construction Company, Inc. and
Souza Construction, Inc., a Joint Venture ( "JMC /SCI ") submitted a bid protest (the "Bid
Protest ") against Granite for alleged failure to comply with the federal DBE requirements and
related Project specifications. A copy of the Bid Protest is attached hereto as Exhibit "B" and
incorporated herein by this reference; and
WHEREAS, on August 20, 2014, the City received a letter from Granite responding to
the Bid Protest, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this
reference;
WHEREAS, on August 26, 2014, the City received a letter from JMC /SCI responding to
Granite's August 20, 2014 letter, a copy of which is attached hereto as Exhibit "D" and
incorporated herein by this reference;
WHEREAS, the Bid Protest and related correspondence were carefully evaluated by City
staff and the Bid Protest was determined to be without merit, and was subsequently denied by the
Public Works Director on September 2, 2014. A copy of the Director of Public Works'
September 2, 2014 decision is attached hereto as Exhibit "E" and incorporated herein by this
reference; and
Attachment 7
WHEREAS, on September 4, 2014, JMC /SCI appealed the Public Works Director's
September 2, 2014 decision to deny the Bid Protest. A copy of JMC /SCI's September 4, 2014
appeal of the Director of Public Works' decision is attached hereto as Exhibit "F" and
incorporated herein by this reference; and
WHEREAS, on September 16, 2014, the City Council conducted a public hearing in the
Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of
considering the appeal of City staff s decision; and
WHEREAS, the City Council has duly considered all evidence regarding this matter,
including, but not limited to, all oral and written testimony of interested parties, and the
evaluation and recommendations by staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Recitals. That the above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Findings. The City Council hereby finds as follows:
a. That Granite was the lowest apparent bidder for the Project;
b. That Granite timely submitted its DBE commitment form and underlying documents
within four days of bid opening for the Project pursuant to Section 2 -1.12B of the
Standard Specifications for the Project;
c. That based on Granite's DBE documentation, Granite met the Project's DBE contract
goal of 3.0% and Granite's DBE Commitment Form properly identified all DBE firms
participating in the Project including the underlying quotes evidencing each DBE firm's
commitment to the Project consistent with Title 49 Code of Federal Regulations section
26.53(a);
d. That all DBE participation counts towards the Project's DBE goal and that bidders were
required to identify on the DBE commitment form all DBE firms participating in the
Project regardless of tier;
e. That Dragon Material Transportation, Inc. ( "Dragon ") is a registered disadvantaged
business enterprise (Firm No. 37444) and was included in Granite's DBE documentation
as a second tier subcontractor for the Project for the following items of work: "BUY
AND HAUL ASPHALT OIL ($702,000 @60 %) ";
f. That Dragon's materials quote (the "Dragon Quote ") for the Project was included in
Granite's DBE documentation submitted to the City;
Attachment 7
g. That the Dragon Quote was consistent with Granite's DBE commitment form and was
directed to Granite's supplier for the Project, CalPortland Construction, who was
identified in Granite's bid package; and
h. That, notwithstanding the fact that Granite exceeded the Project's DBE contract goal of
3.0 %, Granite made adequate good faith efforts to obtain DBE participation consistent
with Title 49 Code of Federal Regulations section 26.53(a).
SECTION 3. Action: That for the foregoing reasons enumerated above, the City Council
hereby upholds Director of Public Works' decision to deny the Bid Protest fled by JMC /SCI
against Granite regarding the Project.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of
Mayor Jan Marx
ATTEST:
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
2014.
Attachment 7
Exhibit A
Exhibit A
Granite's DBE Documentation Submitted Aug 15, 2014
Attachment 7
Exhibit A
August 15, 2014
City of San Luis Obispo
Public Works Administration Office
919 Palm Street
San Luis Obispo CA 93401
Attention: Jason Bennecke, Project Engineer
Reference: Los Valley Road Overcrossing
Contract No. 05- OH7304
Subject: DBE Commitment & Good Faith Efforts Documentation
Ladies /Gentlemen:
Granite Construction Company respectfully submits "Exhibit 15 -G Local Agency Bidder DBE
Commitment' form and "Good Faith Efforts Documentation" for the above referenced
project.
If you have any questions or require additional information , please contact Dianne Carlisle or
Adam Souza at (805) 964 -9951.
Sincerely,
CTION COMPANY —_ .._ _
Digne Carlisle
Administrative /Estimating Assistant
DC :dc
P.O. Box 6744 Santa Barbara California 93160 (805) 964 -9951 (805) 967 -1431
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Attachment 7
Exhibit A
City of San Luis Obispo
EXHIBIT 15 -G LOCAL, AGENCY BIDDER DBE COMMITMENT
(CONSTRUCTION CONTRACTS)
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM
LOCAL AGENCY: CITY OF SAN LUIS OBISPO LOCATION: SAN LUIS OBISPO CA
PROJECT DESCRIPTION: LOS OSOS VALLEY ROAD /US 101 INTERCHANGE IMPROVEMENTS
TOTAL CONTRACT AMOUNT: S _ 16.,572,130
BID DATE: AUGUST 12, 2014 v
BIDDER'S NAME: GRANITE CONSTRUCTION COMPANY
CONTRACT DBE GOAL: 3%
CONTRACT
ITEM NO.
.ITEM OF WORK AND DESCRIPTION
OR SERVICES TO BE
'SUBCONTRACTED OR MATERIALS
TO BE PROVIDED (or contracted if the
bidder is a DBE)
DBE CERT NO.
AND EXPIRATION
DATE
VAME OF EACH DBE
(Must be certified on the date bids
re opened - include DBE address
ind phone number)
-C,_.
DOLLAR AMOUNT
DBE
.LEASE SBEA
For Local Agency to Complete:
Local Agency Contract Number:
Federal -aid Project Number:
Federal Share:
Contract Award Date:
Local Agency certifies that all DBE certifications have been verified and
information is complete and accurate.
Print Name Signature Date
Local Agency Representative
(Area Code) Telephone Number:
Total ClaimedDBE
Participation
$535,560
3.2 %
Signature of Bidder
RUCE MCGOWAI+I,VP NTRAL CALIFORNIA REGION
AUGUST 12, 2014 805 964- -9951
Date (Area Code) Tel. No.
DIANNE CARLISLE _
Person to Contact (Please Type or Print)
Local Agency Bidder DBE Commiuuent (Cunsuvction Cu Wdcts)
(Rev 6/26199)
Distribution: (I)Copy— Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contW.i execution,. Failure to
send a copy to the DLAE within 30 days ofcontract execution may result in de- obligation of funds for this project.
(2) Copy — Include in award package to Caltrans District Local Assistance
(3) Original — Local agency files
Page 137
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Attachment 7
Exhibit A
City of San Luis Obispo
EXHIBIT 15 -G LOCAL AGENCY BIDDER DBE COMMITMENT
(CONSTRUCTION CONT'RACT'S)
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM
LOCAL AGENCY: CITY OF SAN LUIS OBISPO LOCATION: SAN LUIS OBISPO CA
PROJECT DESCRIPTION: LOS OSOS VALLEY ROADIUS 101 INTERCHANGE IMPROVEMENTS
TOTAL CONTRACT AMOUNT: S 16,572,130
BID DATE: AUGUST 12, 2014
BIDDER'S NAME: GRANITE CONSTRUCTION COMPANY
CONTRACT DBE GOAL: 3%
CONTRACT
ITEM OF WORT: AND DESCRIPTION
IDBE CERTNO.
NAME OF EACH DBE
DOLLAR AMOUNT
ITEM NO.
DR SERVICES TO BE
AND EXPIRATION
(Must be certified on the dale bids
DBE
3UBCONTRACTED OR MATERIALS
DATE
are opened - include DBE address
TO BE PROVIDED (or contracted if the
and phone number)
pidder is a DBE)
W94
W9 & HAUL ASPHALT I
K
ti
13
'URNISH TEMP ALT CRASH CUSHION ($45,681
@ 6091.) 000447 112014
tRC SAFETY 5591 't
97,98
PLACE AC DIKE
000219 712019
AC DIKE CO 9161652 -0159
4,237
013602 312016
\USTIN ENTERPRISE 6611589 -1001
11,085
99,100
ISAW & SEAL JOINTS
J
15
IREPARESWPPP
39322 5/2015
LA FIRMA INC 805/746-8576
1,350
1 1 VI tSTJI
1 167
°URNISH MISC METAL BRIDGE
0327815 112 01 5
tUPERT CONSTRUCTION SUPPLY 92
7408-3627 23,300
3RIDGE DECK DRAINAGE SYSTEM ($33,83
60 %)
3941 PARK DR STE 20 -087 EL DORM
O HILL 95762
For Local Agency to Complete:
Local Agency Contract Number:
'rota) Claimed DBE
Participation
$ 535,560
Federal -aid Project Number:
3. 2 a
/a
Federal Shan::
Contract Award Date:
Local Agency certifies that all DBE certifications have been verified and
information is complete and accurate.
Sigmture of Bidder
RUCE MCGOWAN,VP NTRAL CALIFORNIA REGION
AUGUST 12, 2014 805 964 - -9951
Dale (Area Code) Tel. No.
Print Name Signature Date
0 IANN I- CARL ML E
Local Agency Representative
Person to l "onim - (Please Type or
(Area Code) Telephone Number:
Lo-ca.Ae racy BidalcellilECartmimi <a:(Cerst¢actioisCrriructs)
. (ltev 6F:6.'73j
Distribution: (1) Copy —Fax or scan a copy to llte Cali mas District Local Assistance Enginac�r(DLAE) within 30 days bf comiaci eaccuti6N' •Failure to
send a copy to the DLAE wilhin 30 days of contract execution may result in de- abliaaation o: funds fo this project.
(2) Copy — Inchrde in award package to Cailmns District Local Assistance
(3) Original — Local agency files
Pam 137
Attachment 7
Exhibit A
DRAGON
MATERIAL TRANSPORT, INC.
P.O. Box 27800, Fresno, CA 93729-7800
Office (559)351 -8822 Fax (559) 276-0818
CA No. 0366649
dragonmaLerial@yahoo.com
DBE/WBEIUDBE Firm No. 37444
SBE 52655
Calportland Construction
Attn: Danny Deveraux
Date: 08111/14
Project: City of San Luis Obispo, Los Osos Valley Road and Hwy 101 Interchange
Improvement Project
Material: 500 Ton - PG 64-16
Material; 700 Ton - PG 64-10
Delivered Price: $585.00 Per U.S. Ton + Any applicable taxes
ORIGIN: Greka
DESTINATION: Paso Robles
--------------- ------- — ------------------------------------------ — -----------
*Indexed 5% Crude by Caltrans
*Project will be ongoing until IW2016
*Standby after I hour from scheduled delivery time at $100.00 per hour
*Pricing based on full loads - 26.00 ton
*Fuel surcharge - rate increase - add 51.00 for every $.10 increase if California On.Highway reaches $4.25 Per
gallon. wwwxia,go . $4.084 on bid day.
1, aac� Tars L1*7v;d awp6t+ '-SW-514h
70 @,000 x 60% U.1�'e
To: Granite Construction
Atten: Adam Souza
Quote Number M14- 808(A)
Date: 8/12/2014
Attachment 7
Exhibit A
KRC SAFETY CO., INC.
Barricade Rental Sales — Traffic Control
P.O. Box 6356 Visalia California 93290
Office 559.732.0393 / Fax 559.732.2684
KRC SAFETY is a MBE, SBE and DBE Company
Proud to be a part of the Norcal / Socal LABOR'S UNION
FOB: Santa Barbara
We appreciate the opportunity to submit the following quote
Part #
Qty
U.O.M
DESCRIPTION
UNIT PRICE
EXT, PRICE
WTLMB(A)
2
Ea
WANCO 3 Line Message Board
$15,900.00
$31,800.00
3 lines of eight 18" LED characters,
50.00
one 130 watt solar panel, four 6V
$0.00
batteries, 420 ah total capacity, 15
$0.00
.amp charger, full size computer
$0,00
console, orange powder coat finish
$0.00
and 2" ball hitch
$0.00
WVT3(A)
3
Ea
WANCO 3 Line Message Board - Mini
$15,500.00
$46,500.00
3 lines of eight 14" LED characters,
$0.00
one 85 watt solar panel, four 6V
$0.00
batteries, 420 ah total capacity, 15
$0.00
amp charger, full site computer
$0.00
console, orange powder coat finish
$0.00
and 2" ball hitch
$0.00
$0.00
$0.00
Customer to off load from shipper SUB TOTAL $78,300.00 k 60°4
Payment Terms: Net 30 / Less 2.5% COD TAX 8.00% $6,264.00
Lead Time: 7 -14 Days FREIGHT INCLUDED
All Prices Good For 30 Days GRAND TOTAL $84,564.00
Customer is responsible for all applicable sales taxes and duty
Quoted by Michael Castro
www.kresafety.com
Customer Acceptance of Order;
Signature Date
4
y
r
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,µ
To: Granite Construction
Atten: Adam Souza
Quote Number M14- 808(B)
Date: 8/12/2014
Attachment 7
Exhibit A
KRC SAFETY CO., INC.
Barricade Rental —Sales —Traffic Control
P.Q. Box 6356 Visalia California 93290
Office 559.732.0393 / Fax 559.732.2684
KRC SAFETY is a MBE, SBE and DBE Company
Proud to be a part of the Norcal / Socal LABOR'S UNION
FOB : Visalia
We appreciate the opportunity to submit the following quote
Part #
Qty
U.O.M
DESCRIPTION
UNIT PRICE
EXT. PRICE
AB100PB5
5
Ea
Absorb 350 TL -3
$9,136.00
$45,680.00
9 element complete system
$0.00
$0.00'
$0.00
$0.00
$0.00
$ 0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Customer to off load from shipper SUB TOTAL, $45,680.00 Y 60'/0
Payment Terms: Net 30 / Less 2.5% COD TAX 8.00% $3,654.40
Lead Time: 7 -14 Days FREIGHT TBD'�
Ail Prices Good For 30 Days GRAND TOTAL $49,334.40
Customer is responsible for all applicable sales taxes and duty
Quoted by Michael Castro
www.krcsafety.com
Customer Acceptance of Order;
Signature Date
08/11/2014 14;02 9166459818 AC DIKE
A, C, DIKE CO.
S.peciaCty Paving Inc.
SPECIALTY PAVING CONTRACTOR
QUOTATION: LOS OSOS VALLEY RD
BIDS: 8/12/14
"PLACE ONLY "* 737 LF ASPHALT DIKE @ $5.75 LF.
PRICE INCLUDES TACK AND ONE MOBILIZATION.
ASPHALT MATERIAL AND HAULING BY PRIME CONTRACTOR.
TRAFFIC CONTROL BY PRIME CONTRACTOR.
* PLACE ONLY ASPHALT DIKE. SPECIFICALLY EXCLUDES SURFACE
PREPARATION, BACKFILL, OR FOGSEAL..
Attachment 7
Exhibit A
#4433 F.001 /001
�5
QUALIFIED MINORITY CONTRACTOR, DBE /WBE /UDBE * CT 000219
CAL. LIC. # 407417 NEV. LIC. #24188
2788 VENTURE OR. LINCOLN, CA. 95648
(916) 652 -0159 FAX (916) 645 -9618
WWW.ACDIKE.COM
AUSTIN ENTERPRISE
License #761893
P. Q. Box 81926
Bakersfield, CA, 93380
661 - 589 -1001 FAX 589 -9509
Certified DBE/MBE /WBE CT- 013602
Certified UDBE CT- 013602
BID PROPOSAL
Project: Spec No. 99821
I,os Osos Valley Road
City of San Luis Obispo
Bid Date: August 12; 2014
Attachment 7
Exhibit A
BID ITEM # 99 / Continiously Reinforced Concrete Pavement (portion):
305 cy Green saw for longitudinal contraction joints ................$950.00 /day k # = 990 "
305 c Widen prep, and install compression seal...........$27.00 / c
Y � P p, p y ............ $8,235.00
'9,185
BID ITEM # 100 / PCC (JPCP) (portion):
151 cy Green saw for contraction joints 1/3 1 . ........................$950.00 / day x of = 0 r 9 00
Note: Plans and specs do not specify sealing these joints
151 cy Widen, prep, furnish and install silicone sealant ..............$16.57 / cy ............ $2"502.97-
Conditions for above items:
701`C1 � It 1Ie0` s
I . Contractor to stipply traffic control as needed.
2. Contractor to provide layout and clear access to work area.
3. Contractor to provide water source on site and approved slurry disposal site.
4. One move in included for each item. Additional moves at $2,500.00 each.
5. A copy of this quotation to be used as an attachment in force in subcontract.
Note *
Union Signatory
Insurance $5,000,000.00 Liability
No Bonding
California Grinding Specialties / DBA: Austin Enterprise / TJ's Traffic Safety
I
---(-y
Y'1.
J La J Inc.
DBEI 39322
Attachment 7
Exhibit A
715 Ridge Road
Nipomo, CA .93444
Phone: 805 - 746 -5576
Fax: 905- 929 --0501
E -Mail:
estimatlng@theswr,ppfir.m.com
Web: www.theswpppfirm.com
August 11,
2014
Project:
05- OH7304
Los 0sop
Valley Road /US 101 Interchange Improvements Projects.
We are
Ieased to provide you with a bid for the items fisted below based
on plans,
specific
tions, and (4) addenda.
Bid ite
.
Item
Code Description Unit Quantity Unit Price
Total
Prepare Storm Water
15
130300 Pollution Prevention LS LS $1,350.00
$1,350.00
Program.
16
130310 Rain Action Event EA 70 $250.00
$17,500.00
Plan
- Storm Water
-� 17
130320 Sampling and EA 33 $500.00
$16,5'00.00
I
Analysis Day
1$ E
130330 str °m Water Annual EA 2 $1,000.00
$2,000.00
Report
1. Secial testing and permits not in contract.
2. P 'ce includes (1) electronic copy and (7) printed copies.
THANK �OU FOR YOUR TIME AND CgNSiDERATION,
VICENT BRAVO.
CPESC SDIP #305
9
1
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To: Granite Construction - Santa Barbara Page 2 of 7 2014.08 -12 02:52:59 (GMT)
U2
Rupert
r?# MIUrN a 11 - e .
3941 Park Dr., Ste. 20 -487, El Dorado Hills, CA 95762 -4549
Yard: 12405 Gold Flake Cl., Rancho Cordova, CA 95742
Quotation
To: Estimator
Project: Los Osos Rd Bridge, San Luis Obispo
Job Number: 05- OH7340
Attachment 7
19252692861 From: KoWtWonnenberg
( X
I V/1�
UDBE Certified, 9CT- 032785
Bid Date: 8/12/14
Date: 8111114
cluantit
Description
Unit $
Tatal S
Bid Item #166
2,110
1ps
Miscellaneous Metal (Bridge)
$2.60
$5,494.44
4 ea. - U -45 Manholes
ari
4 ea. - Soffit covers (814.5)
Z- 131
$rg3t
2 ea. - Sidewalk cover plates 20" x 74"
Bid Item #167
7,840
Ibs
Bridge Deck Drainage System
$4.25
$33,339.60
7 ea. - D2 Drains
200 LF - 6" Pipe
a�
200 LF - 8" Pipe
S1
= 35rgt3L
5 ea. - 90 degree Elbow
5 ea - 6" to 8" WYE Fitting
4 ea - 8" 45 degree Elbow
2 ea. - 8" Expansion Couplert
($
,6" 8 8" Band Couplers
1
16" Clevis Hangers w /Rod
,B" Clevis Hangers w /Rod
.2 ea. - 12" x ,250 Well Pipe Casing @ 40' (C214 Tape Wrap)
"Contractor to verity field dlmensionstpipe layout
"shop drawings included
"excludes 3rd party welding Inspection fees, field welding, field touch
'up coating
Total:
$38;834-1014
Sales tax not
included
Delive Terms: Net 3o days
rY
F,F,03-! Job Site Prlcin Valid for 30 do s
Items included in quoted price: limited to farms listed
Exclusions: Sales tax, engineering, 3rd party inspections, liquidated damages, retention.
Rupert Construction Supptywill supply materials as required In contract plans and speciflcatlons.
Rupert Construction Supply is not responsible for design, engineering of Installation.
Liability: Limited to the cost of our product, we will not be responsible for additional charges.
Due to the instability in the raw materials markets, our quotation is subject to change without notice.
Pricing should be verified before placing a purchase order.
if this project is subject to compensation due to escalation of raw materials pricing, Rupert Constructlon Supply reserves We right to make
claim at time of shipment.
Contractor to verify held dimensions-
Actual quantities are the responsibility of the contractor,
Additional items available for purchase. See attached line card for product information
Some items may not meet Buy America requirements,
X.60 '�. ai 3 31W
Sincerely, Stacy Monroe
925.408.3627 Mobile
925.229.5577 Office
Stacy @ruperts upply.corn
Z.
To: Granite Construction - Santa Barbara Page 3 of 7 2014 -08 -12 02:52:59 (GMT)
j
Ruperl
3941 Park Dr., Ste. 20 -487, El Dorado Hills, CA 95762 -4549
Yard: 12405 Gold Flake Ct.. Rancho Cordova, CA 95742
19Zb'LbyL001 riwu 1\0-1 ....., _.�
Attachment 7
Exhibit A
UDBE Certified, #CT- 032785
Optional Products:
( SPFR02, Form Release Agent, 5 gallon barrel @ $917.93 ea
` SFFS -U2, Fastening Screws, 25 lb. bucket, 4 paisl @ $49.05 ea.
SFSL01, Sealant, 12 tube case, 3 case @ $46.93 ea.
SFDBO1, Driver Bit, 10 units $2.97 ea.
Freight not included
All quantities are estimated. Final quantities are the responsib
of the contractor.
Sales tax not 0
Terms: Net 30
est panels as l inquired by ownericontractor not includes In pr +cln9.
• Item, included in quoted price: limited to items fisted
• Exclusions. Sales tax, engineering. 3FO Party insPectequir liquidated damages. retention•
• Rupert Construclion Supply will supply materials as required in contract plans and ssrecifications.
• Rupert Construction Supply is not responsible for design, engineering or insiallation.
• Liability: Limited to the cost or Our product, we will not be responsible for additional charges.
•
()we to the instablRty in the raw materials m Vital s, Our quotation is subject to orange without notice.
Pricing should be verified before placing a purchase order.
• if this project is subject to co'Pensatlon due to escalation of raw materials pricing. Rupert ConstrucfaOn Supply reserves the right to make
claim at time of shipment.
• Contractor to verify fietd dimensions.
• Actual quantities are the responsibility of the contractor.
• Additional items available for purchase. See attached 11 no card for product information.
Sincerely, Stacy Monroe
925.408.3627 Mobile
925.229.5577 Office
sta c y@ ru pe rts u p p ly.c o m
uotation
Bid Dale:
8!12114
To:
Estimator
pate:
8111114
Job Name:
Los Osos Rd Bridge, San Luis Obispo
Job Number: 05.OH7340
UniR $
Gluantit
Descrl tion
Custom Panel ELASTOSPEC Urethane Std
$35.20
$11,64.00
T$
320 sF
Pattem #1999
2a0.t30" x 96.00" Panels, Abutments 1 and 5 pilaster details from the
Artwork /Setup:
$8,800.00
fillet to the bottom of the window and sills and ends.
Estimated production schedule: 6 -8 weeks from final approval.
120 sf
Pattern #1999 Custom Panel ELASTOSPEC Urethane -Std
$30 80
Artwork /Setup:
$3,696,00
$1,485,00
120.00" x 36.00" Paneis. Barrier rail block -out liners
6 -8 weeks from final approval.
I
Estimated production scheduler:
Optional Products:
( SPFR02, Form Release Agent, 5 gallon barrel @ $917.93 ea
` SFFS -U2, Fastening Screws, 25 lb. bucket, 4 paisl @ $49.05 ea.
SFSL01, Sealant, 12 tube case, 3 case @ $46.93 ea.
SFDBO1, Driver Bit, 10 units $2.97 ea.
Freight not included
All quantities are estimated. Final quantities are the responsib
of the contractor.
Sales tax not 0
Terms: Net 30
est panels as l inquired by ownericontractor not includes In pr +cln9.
• Item, included in quoted price: limited to items fisted
• Exclusions. Sales tax, engineering. 3FO Party insPectequir liquidated damages. retention•
• Rupert Construclion Supply will supply materials as required in contract plans and ssrecifications.
• Rupert Construction Supply is not responsible for design, engineering or insiallation.
• Liability: Limited to the cost or Our product, we will not be responsible for additional charges.
•
()we to the instablRty in the raw materials m Vital s, Our quotation is subject to orange without notice.
Pricing should be verified before placing a purchase order.
• if this project is subject to co'Pensatlon due to escalation of raw materials pricing. Rupert ConstrucfaOn Supply reserves the right to make
claim at time of shipment.
• Contractor to verify fietd dimensions.
• Actual quantities are the responsibility of the contractor.
• Additional items available for purchase. See attached 11 no card for product information.
Sincerely, Stacy Monroe
925.408.3627 Mobile
925.229.5577 Office
sta c y@ ru pe rts u p p ly.c o m
To: Granite Construction - Santa Barbara Page 4 of 7 2014 -08 -12 02:52:59 (GMT)
_7
Rupert
►r
3941 Park Dr., Ste. 20 -487, El Dorado Hills, CA 95762 -4549
Yard: 12405 Gold Flake Ct., Rancho Cordova, CA 95742
Quotation
To Estimator
Description: Los Osos Rd Bridge, San Luis Obispo
Job Number: 05- OH7340
Attachment A7
19252692861 From; iCa�eln Wonnenberg
artified, #CT- 032785
Date: 8/12/14
Date: 8111114
Quantil
Description
Unit *S
Total S
Bid Item #124, Joint Seal Assembly, MR 21/2" /
81
it
WaboSiripSeal, SSS Type R /
$112.75
$9,132.75
t2t.1�—T
4
1
as
Estima led Freight
$1,200.00
$1,200.00
Prices incude:
bs,
*shop drawings
t
joints furnished in 20 ft. sections; field sp/bo'n,1r.c(1 or
'shop fabricated upturns
"neoprene strip seals furnished in continu installed by contractor
'hot dipped coatings
!
galvanized
Prices exclude:
"cover plates of any kind
`femtxval, installation or field mQasur maxi
'concrete, Faber or grout t
'any
item not specifically iWenli {r as being included above
Total:
$10,332.75
Sales tax not
Included
Delivery: Terms: Net 34 days
F.Q.B.: Ship Point -Pricing Vaud fore months from Bid pate
Item/'PLy ded in quoted pr' limited to items listed
Excl: Sales lax, a Ineertng, 3rd party Inspections, tlquldated. damages, retention.
Rupenslrutlion S ply will supply materials as required In contract plans and specifications
Rupenslruceon uppty Is not resporrslWe for design, engineering or Installallon,
Liabilimited he cost of our product, we will not be responsible lot additional charges.
Due insta ' dy in the raw materials markets, our quotation ie subject to c hange without notice.
Pricinuld a verified before placing a purchase order.
If this ct subject to compensation due to escalation of raw materials pricing, Rupen Construction Supply reserves the right to make
claim of shipment- Contrto verify field dimensions,
Actuanlfttea are the reaponsibiiily of the contractor.
AddiIitems available for purchase. See attached tine card for product information.
Sincerely, Stacy Monroe
925.408.3627 Mobile
925.229.5577 Office
Stacy @rupertsupply.com
d
Toy Granite Construction - Santa Barbara Page 5 of 7 2014 -08.12 02:52.59 (GMT)
Rupert
Er r ++
t
t
3941 Park Dr., Ste. 20 -487, E€ Dorado Hills, CA 95762 -4549
L - --
Yard: 12405 Gold Flake Ct., Rancho Cordova, CA 95742
Quotation
To: Estimator
Job Name: Los Osos Rd. Bridge, San Luis Obispo
Job Number: 05- OH7304
Attachment 7
19252692861 From: f tWonnenberg
UDBE Certified, #CT 032785
Bid Date: 8112/14
Date: 8111/14
Quantit
Description
Unit $
Total $
11
ea
ABUTMENTS
$504.85
$5,553.36
4" x 14" x 12" laminated elastomeric bearing pad w/8 ea - 14ga shims
+.-.r&%
5'
"Quantity includes 1 test pad"
5q S z
10
ea
ABUTMENTS
$16.39
$163.91
14 ga x 16" x 14" galvanized sheet metal
rL�"-
t-I. °'
t r1.d
3
ea
ABUTMENTS
$36.75
$110.25
5.3 oz. tuba silicone grease
r-^4
'-L
63
$ tt9.d-
- Quantity Includes 1 test pad"
3'A•
2
es
JOINT SEAL
$1,804.09
$3,60818
0.125 x 12" x 42' -6" plain elastomeric bearing pad
+ r o"W
Material is AASHTO neoprene, 55 durometer. Shims are A1011.
�P
Standard manufacturers testing and material certification per Caltrans
specifications will be supplied.
,� � �
I mb 110.
Total:
$9 435.69
Sales tax not
included
Delivery: Terms: Net 30 days
RO.B.: Job Site Prid n2 Valid for 15 da
Approximate time required for production, dating from the receipt of approved shop drawings: 6 -8 Weeks
items included in quoted price: limited to items listed
Exclusions: Sales tax, engineering, 3rd party inspections, liquidated damages, retention.
Rupert Construction Supply will supply materials as required in contract plans and specifications,
Rupert Construction Supply is not responsible for design, engineering or installation.
Liability: Limited to the costa( our product, we will not be responsible for additional charges.
Due to the instability in the raw materials markets. our quotation is subject to change without notice.
Pricing should be verifled before placing a purchase order.
If this project is subject to compensation due to escalation of raw materials pricing, Rupert Construction Supply reserves the right to make
claim at time of shipment
Contractor to verify field dimensions.
Actual quantities are the responsibility of the contractor.
Additional items available far purchase See attached line card (or product information.
Sincerely, Stacy Monroe
925.408.3627 Mobile
925.229.5577 Office
Stacy @rupertsupply.com
5
Attachment 7
Exhibit B
Exhibit B
Protest Filed by Madonna /Souza Joint Venture on Aug 19, 2014
GERALD C. WEAVER
A LAW CORPORATION
August 19, 2014
City of San Luis Obispo
Attn: Jason Bennecke Project Manager
919 Palm Street
San Luis Obispo, CA 93401
RE: Bid Protest
- Granite Construction, Inc.
- Contract No. 05- OH7304
- Federal Aid Project No. Q101(258) -1
Dear Mr. Bennecke:
Attachment 7
Exhibit B
1220 Marsh St
San Luis Obispo, CA 93401
Telephone: (805) 781 -0788
Fax: (805) 781 -0828
Via: FAX (8057 781-7198
RECEIVED
AUG 19 2014
CITY OF SAN LUIS OBISPO
PUBLIC WORKS DEPARTMENT
Our firm represents Souza Construction, Inc. and John Madonna Construction, a Joint
Venture. The Venture lodges this protest against award to Granite Construction (Granite)
of the above referenced project for failure to comply with the Federal DBE rules and
regulations.
This failure results in the inability of Granite to show a good faith effort to meet the
project DBE goals.
On 8/15/2014, Granite submitted it's evidence supporting a conclusion that Granite
met the DBE commitment, or engaged in good faith effort to meet the DBE commitment.
Enclosed herewith is Granite's Exhibit 15 -G and the quote relied upon by Granite from
Dragon Materials dated 8/11/14.
In Granite's Exhibit 15 -G it alleges it had received a bid from Dragon Materials
Transport, Inc. (Dragon) for "Buy & Haul Asphalt Oil" ($720,000 x 60% credit =
$421,200 in dollar amount) and uses this bid to meet the DBE goal set for the project.
On the page following Exhibit 15 -G, it submits a quote from Dragon dated 8/11/14
addressed to Calportland Construction. Yet there is no evidence given of any contractual
relation, or contact between Calportland and Granite, or between Dragon and Granite,
with respect to this project.
Attachment 7
Exhibit B
Letter to City of San Luis Obispo
August 19, 2414
Page 2
This evidence is necessary for Granite to meet the DBE goals, or to establish a
good faith effort to do so. Under the Federal Regulations it is required that Granite show
that it had such a quote to Granite by any DBE subcontractor or supplier at the time of the
bid used by Granite or a DBE subcontractor or supplier to meet the goal set for the
project. In it's "contact" efforts as shown in Exhibit 15 -H, Granite fails to show it even
contacted Dragon prior to bidding.
Further, the Dragon quote to Calportland is for delivery to a Paso Robles
Location, and Granite has no plant in Paso Robles. Granites nearest asphalt plant is
located in Buellton.
Therefore, it is respectfully requested that Granite's bid be rejected as non-
responsive and the contract be awarded to the protestant as the lowest responsible bidder
who met the DBE goal and who's bid was responsive and thus qualifies as the lowest
responsible bidder who's bid was responsive.
Sincerely,
Gerald C. eaver
Attorney for Madonna -Souza Joint Venture
GCW jer
Enclosures
Cc: John Madonna
Steve Souza
i
f --
t:
I
f.
Ei
f1,J
k`
f
i
i„
t:
L
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Attachment 7
Exhibit B
City of San Luis Obispo
EXHIBIT 15 —G LOCAL AGENCY I CY BI DDEf R DBE COMMITMENT
(CONSTRUCTION CONTRACTS)
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS i?ORNf _ r
LOCAL AG&NCY: CITY OF SAN LUIS OBISPO LOCATION: SAN LUIS OWSPO CA
PROJECT DESCRIPTION: LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS
TOTAL CONTRACT AMOUNT.5 165721ao
BID DATE: AUGUST 12, 2014
BIDDER'S, LAME: GRANITE CONSTRUCTION COMPANY
CONTRACT DBE GOAL: 3°%
CONTRACT
'.TEM OF WORT: AND DESCRIPTION
iDBE CERTNO.
NAME OF EACI l DBE
l7OLLAR AMOMrT
ITEM NO-
DR SERVICES TO BE
AND EXPIRATION
QvInst be coaified on the date bids
OBE
>UBCONTRACTED OR MATERIALS
DATE
are opened -include DBE address
d'O BE PROVIDED (orcontracted if the
and phone number)
Siddcr is a DBE)
0,94
11A A NA 1 ,
13
URNISH TEMP ALT CRASH CUSHION (545,85
- 900447 1112014
KRC SAFETY 559r73 -
,4
H-peRTA8t E-
-
ik'AG
97,98
PLACE AC DIKE
000219 712019
AC DIKE CO 9161652.0159
4,237
99,100
^>AW & SEAL JOINTS
013602 38018
WSTIN ENTERPRISE 6811589 -1001
11,085
15
PREPARE SWPPP
39322 512015
IA FIRMA INC 8051748-8578
1,350
,7
�
Y1RNt. G 7
032785912015
tUPERT CONSTRUCTION SUPPLY 92
9490-3627 23,3110
tRIDGE DECK DRAINAGE SYSTEM (M.834 (q
60%)
3941 PARK DR STE 20-097 EL C16RA
HILL95762
For Local Agency to Complete:
Total Claimed DBE
535,560
Local Agency Contract Number
Participation
FedenE -aid Project Numbcr.
2 3. a
/o
Federal Share:
ConiractAward Date:
Local Agency certifies that all DBE certifications have been verified acid
Si� turc of Bidder 7 ell
information is complete andaccurale.
RUCEMCGOWAN,VP CENTRAL CALIFORNIA REGION
AUGUST 12, 2014 805 964 - -9951
Date (Area Code) To], No.
Print Name v Signature Date
DIANNE CARLISt;I '
Local Agency Representative
ForsunfaL'aalaat,' {[?Tt aTypeb[ ;
(Arca.Codo) Telephone Number:
T�ea� A�:i',cvflidddrAT3E Cdnvfutnrc ti: ;L�argsisiusilon,C�JCneu)
Distribution: (1) Copy —Fax or scan a copy to the Caltrans District Local Assistance Enginccr(LAE) within 30 days afecirizaeaccuti
send a copy to the DLAE within 30 days of contract execution may result in de- bbligation a8 funds for sills project.
(2) Copy — Include in award package to Caltrans District Local Assistance
(3) Original — Local agency files
PaRe137
lr y
Attachment 7
Exhibit B
DRAGON
MATERIAL TRANSPORT, INC.
P.O. Box 27800, Fresno, CA 93729 -7800
Office (559 )351 -8822 Fax (559) 276.0818
CA No. 0366649
dragonmaterial @yahoo.com
DBEMBEIYJ•)DBE Fired No. 37444
SBE 52655
-- -QUOTE
Calportland Construction
Attn: Danny Deveraux
Date: 08/11/14
Project: City of San Luis Obispo, Los Osos Valley Road and Hwy 101 Interchange
improvement Project
Material: 500 Ton - PG 64 -16
Material: 700 Ton - PG 64 -10
Delivered Price: $585.00 Per U.S. Ton + "y.applicabie taxes
ORIGIN: Greka
DESTINATION: Paso Robles
*Indexed 5% Crude by Caltrans
*Project *iii be ongoing until 1212016
*Standby after 1 hour from scheduled delivery time at $1.00.00 per hour
*Pricing based on full loads - 26.00 ton
*Fuel surcharge - rate increase - add $1.00 for every $.10 increase if California On�Highway reaches $4.25 per
gallon, www,eia,gg v. $4.084 on hid day.
11@00 Ions Li jv;J aap64 X 5s5 /fin w $703,000
70@,000 x 60% 0a1ue -- yal,i;tt
Attachment 7
Exhibit C
Exhibit C
Granite's Response to the Protest - August 20, 2014
Attachment 7
Exhibit C
GR/U1TE'
August 20, 2014
VIA FACSIMILE (805) 781 -7198 AND 0 VERNIGHT DELIVER Y
City of San Luis Obispo
Attn: Jason Bennecke, Project Manager
919 Palm Street
San Luis Obispo, CA 93401
Telephone: (909) 556 -8852
Facsimile: (805) 781 -7198
RE: City of San Luis Obispo, Construction on US Route 101 in San Luis
Obispo County in San Luis Obispo from 0.4 MI South of Los Osos Valley
Road OC to 0.6 MI North of Los Osos Valley Road OC
Contract No. 05- OH7304
Federal Aid Project No. Q101(258) -1
City Specification No. 99821 (the "Contract ")
Bid Opening: August 12, 2014
Dear Mr. Bennecke:
Granite Construction Company ( "Granite ") timely submitted a fully responsive bid for
the above - referenced Contract and is the apparent low bidder. Granite understands that
on or about August 19, 2014, the "Madonna/Souza Joint Venture Partnership"
( "Madonna/Souza JV ") filed a protest with the City of San Luis Obispo ( "City "),
relating to Granite's DBE commitment for the Contract. Granite achieved 3.2% DBE
participation, and thereby exceeded the DBE goal for this Contract. Granite's bid is
$886,795.00 less than Madonna/Souza JV's bid and fully responsive. As further
discussed below, Madonna/Souza JV's protest lacks merit and should be rejected.
Granite Exceeded the DBE Goal and Timely Supplied the Supporting DBE
Documentation to the Cites
When an awarding agency, like the City, sets a DBE contract goal, the basic obligation of
bidders is to make good faith efforts to meet it. Bidders can demonstrate these efforts in
either of two ways: (1) document that it has obtained enough DBE participation to meet
the goal; or (2) document that it made adequate good faith efforts to meet the goal even
though it did not succeed in obtaining enough DBE participation to meet the goal. 49
CFR §26.53(a). The U.S. DOT emphasizes strongly that the good faith requirement is an
important and serious one. A refusal by an awarding agency to accept valid showings of
good faith is not acceptable under the DBE rules and regulations. The DBE rules and
regulations specifically prohibit awarding agencies from ignoring bona fide good faith
efforts. 49 C.F.R. § 26app. A.
Box 50085
Page 1 of 4 Watsonville, CA 95077
Phone 831/724 -1011
FAX 831/722/9657
Attachment 7
Exhibit C
Per the Contract specifications, the apparent low bidder, the 2nd low bidder and the 3rd
low bidder were required to document their efforts to achieve the DBE goal by
submitting the Local Agency Bidder DBE Commitment (Construction Contracts) form
( "DBE Commitment Form ") and written confirmation from each DBE shown on the
form, confirming such DBE's participation in the Contract (i.e. a copy of each DBE's
quote no later than 4:00 p.m. on the fourth (4th) business day after bid opening. (See
Standard Specifications Section 2- 1.12B, Disadvantaged Business Enterprise Goal, and
2 -1.33, Bid Document Completion and Submittal).
All DBE participation (including lower tier subcontractors and suppliers) counts toward
the DBE goal. (See Standard Specification Section 2- 1.12B, Disadvantaged Business
Enterprise Goal; 49 CFR §26.55; see also Standard Specification Section 5- 1.13B).
Therefore, bidders were required to identify on the DBE Commitment Form all DBE
firms participating in the project regardless of tier. (See Instructions — Local Agency
Bidder DBE Commitment (Construction Contracts)).
Here, Granite fully satisfied the DBE requirements. Granite exceeded the DBE Contract
goal and timely supplied the supporting DBE documentation to the City. Granite actively
and aggressively sought and obtained DBE participation sufficient to meet the DBE
contract goal in accordance with the City's specifications. The DBE goal for this
Contract is 3 %. In conformance with the governing DBE regulations and bid
specifications, Granite documented that it obtained commitments for enough DBE
participation to meet the goal. Indeed, Granite demonstrated that it exceeded the
Contract goal. Granite claimed 3.2% DBE participation and committed to utilize several
certified DBEs (including, but not limited to Dragon Material Transport, Inc.) to perform
work and /or supply materials for this Contract. Granite takes DBE requirements very
seriously and is proud of its comprehensive DBE program. Granite diligently strives to
make work available to DBEs (at multiple tiers) and to reach out to, solicit and utilize
qualified DBEs in full compliance with DBE laws, rules and regulations.
Madonna/Souza JV takes issue with Granite's second tier DBE supplier, Dragon Material
Transportation, Inc. ( "Dragon "), alleging that Granite was required to provide a quote
from Dragon directly to Granite. Madonna/Souza JV also alleges that Granite had no
contact with Calportland Construction (Granite's direct material supplier)
( "Calportland "). These allegations are baseless.
Madonna/Souza JV's contention that Granite was required to obtain a direct quote from
its second tier DBE supplier, Dragon, demonstrates an utter lack of understanding of the
governing DBE regulations and underlying public policy, as well as industry practice.
On Federal Aid Projects, like this Contract, bidders are encouraged and expected to
utilize DBEs at multiple tiers. As emphasized in Caltrans' Business Plan for DBE
Outreach on Federally- Funded Projects:
"Major subcontractors also have a role in assisting the Bidder and Caltrans attain
the annual DBE/UDBE goals. Every little bit helps. Subcontractors are
encouraged to utilize DBE/UDBEs as additional lower -tier participation,
including the use of DBE/UDBEs as suppliers and other services, such as
trucking."
Page 2 of 4
Attachment 7
Exhibit C
(See Business Plan for DBE Outreach on Federally- Funded Projects, at page 5).
"The Bidder is advised to maximize DBE/UDBE participation on a contract:
4. Consider multi -tier DBE/UDBE participation.
5. Ask the major subcontractors to outreach and consider DBE/UDBEs in their
subbids as well.
6. Every dollar to a DBE /UDBE counts towards the goal."
(See Business Plan for DBE Outreach on Federally - Funded Projects, at page 6).
"Guidance:
The Bidder may identify others efforts, such as:
• Encouraged first -time subcontractors to use and report DBE /UDBEs as lower -
tier subcontractors."
(See Business Plan for DBE Outreach on Federally- Funded Projects, at page 12).
Accordingly, the governing specifications encourage bidders to maximize DBE
participation and utilize DBE firms at various tiers. On the DBE Commitment Form,
bidders were required to identify all DBE firms participating in the project regardless of
tier. Moreover, the final DBE utilization report must include all actual expenditures paid
to DBEs (regardless of tier) and identify any first and lower -tier DBEs that were used on
the Contract.
At bid time (within four business days of bid opening), the only evidence a bidder must
submit to show its DBE's commitment to participate in the Contract is a copy of the
DBE's quote. (See Standard Specifications Section 2- 1.12B, Disadvantaged Business
Enterprise Goal). With respect to first tier subcontractors and suppliers, the DBE
provides a quote directly to the bidder. Obviously, for lower tier DBE subcontractors and
suppliers, the quote will not be a direct quote from the subject DBE to the bidder; but
rather, such quote will necessarily be directed to the relevant subcontractor /supplier.
Here, Granite's first tier material supplier is Calportland and its second tier
supplier/hauler (through Calportland) is Dragon. Consequently, Dragon's quote for this
Contract was properly directed to Calportland. As is customary, Granite's supplier,
Calportland, provided Granite with Dragon's quote for inclusion in Granite's DBE
submittal to evidence Dragon's participation. As reflected in Dragon's quote, Dragon
committed to supply and haul asphalt oil for this Contract through Granite's supplier.
Madonna/Souza JV's allegation that Granite had no contact with Calportland is also
false. Calportland is supplying Granite with materials on this Contract. (Attached as
Attachment A and incorporated herein, please find a copy of Calportland's quote to
Granite, with proprietary and confidential pricing information redacted, along with
Granite's associated pre -bid request for quote including DBE participation). Granite was
not required to provide a copy of Calportland's quote at bid time. Per the specifications,
Granite was only required to supply a copy of the DBE's quote for this Contract, which
Granite did — a copy of that quote was included in Granite's timely DBE submittal and is
attached to Madonna/Souza JV's protest letter. For this Contract, Dragon will be
Page 3 of 4
Attachment 7
Exhibit C
supplying and hauling asphalt oil to Calportland's Paso Robles HMA Plant. Calportland
will then use the materials supplied and hauled by Dragon to produce HMA, which
Calportland will supply and deliver (either FOB Calportland's Paso Robles plant or the
job site) to Granite for use on this project.
The purposes of competitive bidding are to guard against favoritism and corruption, to
prevent the waste of public funds, to obtain the best economic result for the public, and to
stimulate advantageous market place competition. Responsiveness considerations "must
be evaluated from a practical rather than a hypothetical standpoint, with reference to the
factual circumstances of the case. They must also be viewed in light of the public
interest, rather than the private interest of a disappointed bidder" hoping to prevail by
contriving irregularities in the winning submission. Ghilotti Constr. Co. v. City of
Richmond (1996) 45 Cal. App. 4th 897, 908 -09 (citing Judson Pacific Murphy Corp. v.
Durkee (195 6) 144 Cal.App.2d 377, 383). It would be a "disservice to the public" if a
losing bidder were allowed to comb through the bid of the low bidder after the fact, in an
effort to cancel the low bid on minor technicalities, with the hope of securing acceptance
of its higher bid. "Such construction would be adverse to the best interests of the public
and contrary to public policy." Durkee, 144 Cal. App. 2d at 383. Here, it is clear that
Madonna/Souza JV is simply combing through Granite's superior bid in an effort to
concoct a deficiency where none exists.
In sum, Granite's bid is free of any defects that would preclude the City from awarding
the Contract to Granite. Granite timely submitted its bid and DBE submittals for the
Contract. Granite's DBE Commitment form and supporting documentation fully comply
with the requirements of the DBE regulations and the Contract specifications. Moreover,
Granite's DBE Commitment Form properly identifies all DBE firms participating in the
Contract, regardless of tier, and is consistent with Granite's DBE submittal and governing
law, as well as the overarching public policy fostering and promoting DBE participation
at all levels. There is no irregularity in Granite's bid. Granite's bid is fully responsive.
Accordingly, Granite respectfully requests that the City reject Madonna/Souza JV's
protest as without merit. Granite is fully prepared to perform this job in its customary
dependable and high quality manner, utilizing the DBE firms identified on its
commitment form.
Thank you for your time and consideration. If you have any questions or would like
additional information, please contact me at (831) 768 -4160.
cc: Madonna/Souza JV (via email)
Page 4 of 4
Attachment 7
Exhibit C
ATTACHMENT A
Attachment 7
Exhibit C
1625 East Donovan Road
Santa MaaA Ca. 93464
(805) 345 -34'# 6 Office
(aQS) 345,3583 Fax
(345) 896 -95J4 Ken's Cell
Ema11 Ajog e w an d corrs
.4 CHIP r[#a
KEN PINED 1 AGGREGATE SALES
C] Vtgent 0 For Reviow ❑ please Cgnu nt Q please Rwoy G please Recyrde
a cafnmereft: if prices,terrns and condWons are accepted, please vign gnats and retUM
for proper billing.
CALPORTLAND
MATERIAL QUOTE
August 12, 2014
Attachment 7
Exhibit C
CALPORTLAND CONSTRUCTION, (hereafter, "Seller ") Submits to the purchaser identified below ( "Purchaser') this
quote for material as dcscribel3 Wow (' °Mutertai "). This muteria[ quote ("Quote") upon transmission to Purchaser, replaces
and terminates any prior quote or offer, whedier verbal Or written, that Purchaser may have received from Seller
rercrencing the Project
PURCHASER: PROJECT:
GRANITE CONSTRUCTION
ATTN: ADAM SOUZA
FOR
PLANT PRICFS
r tan 7J"
PG 64 -16 OIL f, rer ion
Lime Treated + Tax
Pa 64 -IOOIL
rat ton
AWI.Rrlp
+'far.
%so Robles HMA
(if applicable)
.MEABLF & PERVIOUS RACKFILL
RATES:
(Roclry Cfnyon Piaui)
Per ton
+ Tax
BERM mix
9,051
PO 70-10 oil,
per ton
Pose Robles AMA Ptah
+ Tµ
CLASS 11 BASE 314"
Bottoms
(19171171)
Per tori
(Rocky Carrymv Pfaat)
E Tax
US 101 J LOS OSOS VALLEY ROAD IA'TERCHANGE
PROJECT 9 99821
CITY OF SAN LUIS OBISPO
UOM
QTY
TRUCK
M51) HAUL
(if applicable)
TYPE
RATES:
No Taxi
U"S.
9,051
Transfers
_
Tons
s
Bottoms
U.S.
13,30E
Transfers
Touts
Bottoms
U.S.
1,200
Transfers
Tons
Bottoms
U.S_
l0
IO- Wheeler
Tons
U.S.
39,310
Transfers
Tons
IMrURI DUKKUW.40U.) U.S. 75,000 Trensfen
(Rocky Conyon Piano) per ton Tons Bottoms
jAotrrs. fi0t7 AM la d •3C P M.F I +Tax
Coxrtrsclor to supply a crow to clean out i rue k.% after esch load or w needed (Rub bcr,Asphak) _
clean asphalt s[rindinaS will be accepted at our mayela plant on East Main Street during dtt rilme hours Monday through pddag.
tvr outn rt,ru unu eC)IvPr£U araers.
HMA mix designs arc d=nod se, meet job spcei0culionr if approved by the hlttal Cky Material Engineer or R,E.
The Days price !n&drsajpn & door A& 'The contractnr (buyer) is responsible fcx all jobsite testing coring, dap cotes aaA ennrnaerfnn aril also
o%n QC. plan. Ttm buyer (oon vac tor) agrees to pay S 10.00 per ten for all oxp lied lime treated aggnegatea due to job:sile'deloys by the oontroadr.
Mlivery soltodulc mast be mulMiy &Weed upon by the contractor and Qalpwticnd.
AI) del iv£rod Asphalt Is priced at current Califom'x Statewide Crude 011 Price Index and 100 %compenrution ia: duo ditecdy to Cal WIiIn[I for flay
increase. Wm All Aggregate unit prises arc, flxud through (L2•i -15) ead'then subject to 641a3tment an Ihet -owing schcduit: Itc-yuote.
t xcass unloadina cAtirges: (Per load) Ail Asphalt dctiveries; Bottom Hoppers (I 0) m1nuta,,'rransfcM(30) minutes allowsble unloading lino on jubsita
lhcn crass unloading charges at SI 58 per minute. All aggregate, deliveries, bnlh bourmt$ & transfers (10) +ninutcs allowable ulslnnding, then axc'css
unloading charges at S -S8 p£r lnbuilc.
-tWher hereby Iuhrnits, and by its sigmfurePurchacer Item} accepts, alt: Qunlc, in both cases subject to all of "the Terms and Conditions sal loth on Nte
third page of this Qumo,
&f this box is checked, the av,"prdrim Period (as de Fined on the foitowing page) ends 29- August-3014.
CA LP �URCI #hS£R
Page 1 art
Date:
(PERMS & CGNDFTIONS ON NEXT PAGEI
Inillol
,t
m
L ACC9VTANCF- unless Otbherwwdsanaled an the first page afthtsQuote, this
0091e shall 11notilule a firm offer far
' Ib- irS ( dYs .
fn mis dell isl w,ftW
above { "Acce p osb Iesaad'7. TK crin a nd
ooudlriesn of tjI{a Quota may be
accepted by the PNdtlast C l "Aesxptanee`j only by veto orthe' nrlle}ving nlreauta.,
parformod with I the Hcc 1101ec Pecniai; (i) Furdoroca's iudoaliur, raid delivery 10
Salter or this Quetd; or (d) Purdum"'A ptaciag oiihor a w7talvo or Oral order far all
or a portion or the tstottxfol quoted unda,lhil Quotes; or, (go ja Rte's bbAlmanCBRRe rat
of ppiarmpnI" Should Aopapllanao oeum through clause, (t+/ or (ii] Above, Use
krnr and conditions of this Quote. sovem trsgarilda tar vrbattter.ex not owzlissor
bas alpha This QnOte. Should nRhlrof Ilse eulnra cf Cletssca (II} err {iii)) rasa otter
that expfratdon a[ 00 Arceplairm Period, Seller lm ilia disaet(oo to perfnmt or not
to Perforiu and, iPShcor eltetA to perform, ihsn at( or the toads and condition, or
INS Qontcr atiait pnvdtib athar. IIeAn prioo, which shall bar adjwtaai la eahart Any
inetdasos in1eller's than puWrstr<v! pricfr ;g for fine W10615. Tide Quaw Fen only
be alW)Bcd iu wrisinQ ml signed by both prom, sL Any curd all oddisional Or
145=10 terms ptmored by Atrdlntset, col ethar coldAined in Pinchaacr's pareLasc
Order, sbifiping rttdaae fOnns, Pflor pfnalca bcNeen this punias, or oar any
nmadirrutlml to Ihis Quote by lr063:1icf shall gal be bindfny an liar oblirsrto Soler
mnileai prior to AcMianrc 114 QueiC is rslurned with Katchame's full cuutto-
Proposad And is than s!good and dmod by Seller's awltoevad rclrrcaamalive, The
issuasco or In Qriauhlon or this Quills is not intaodcd, mfr shalt be reaslrtsod, as
ca"a"26 dos caduylva a requircsnanES- sapPly aprcernarit between Pureharm And
Seller. in The event an ataied guanilty amounts are inaiudod on lira first page oflhis
Quote. Scller retervoo; the ahsvlule discmtton to dacemiae how to alloCno'tdaleriAl
anvils fit auasomcri, including Puschuor.
I. DELIVERY; Delivery shall bq tro.R.:(a) Projoet tflcstina; (b) Sollor'a
Plant(s);'vr (c) Ai anolhar le(alion Allf"d rD between INC' parties. Malarial Shall be
delivered or roads avafdabla fn maxmdiaee wick a scl"* 174W Daily agreed upon by
Orr Purchaser and Seiler. wthorc irdlvaty or or Srher's facility Is Seller'e
rogaerasibility, Seller or its tagRous houkr will Disler rrpors he delivery louliad Only
a$ A cowvenicdct to Pumhaaeer bard Purcbnsar tpecitic0tly w;i vm and Agecea to
durcnd frttkmndfY awl hold Seller hAmil= Erma 4114 Og;O4191 tiny ebrbn nr hsliilky
or aerfon.Basihn Selkr lamauss ordrc caused 4mieby h elledi0x tint na Iiloiiod
to, damage to wnamte "cra sntp
cai, P[Pedinao or uudalpvond struclures or ulistim
Parcharer agrees to provide ckar. sububmfoi and suitubio tecem to the PDlnt of
delivery.
3. PAYMiti1T TERMSFuchasor shall pay Seiler At the prices given in t
tsisla above. Salle afrall irtwiea Pvretsoer on a dotty bAsts fbr Mpaaial ddiverrtl.
Payment shall' be duo n s more lhan 1111AY (30) days front the date ortho iarwim in
the (Sul Ow- mat Of the Yrsvoice witboul retention af'Fny amounts by Pumhasar.
PUmNA ef'e Failure to pay Ali AmoOara awing wbro due stall to daaned a nsoluisr
breach of this Quntq Ind $ARer may, at IV W&M (s) terminate Ihis 0"; (iiy
require paymcnit fo bo made 10 rdvuwe of futum dailvItries; of (if) place fuhfro
ddlvcria+ on a C.O.D. bases. SdRaegi ctecilon of waiver arauy of such remedies ss
to one Ptah breach "I sot waive Its righis as 10 tubsagvem pa )nnoni brearbm.
Amounts past due "I boar an Inlrrest clu+s$0 computed From the die dole at the
ic3w Ofihe ra" Snum ink'scal rata atlawvd by lava oral gas rato of 1.5% per month.
purchaser ogress to pay ail 00011 And "Pulp" of colloctlog parr due accarselk
including aettral atiomeya' fees, Inclined, wNed,,r err out a suit rat• bclion is idea, on
appeal or othcnristt.
4. iJNLOADINC TIMS:. IA the avant Sailer Is natimetbla rot dativety orrof ij3
W111101. 14 trtntrtes of allowable unI adi ig time will be n1lowcil per marl dallvrrtd
In iradsfers, 10 minuses Parlosd del[veW In batfum hoppers rar mWegsto prssdmess,
Shoulder Tiaekfos & Asphalt, Teaaalkaa 30 minvles, Bottoms k 10- whtolma 10
mfaufcs and 3 afinutrY aFudtmsdhng linr4 will be Atlrsvved pW-"bic yard ofdalfvmxd
Wady rni>s notarial. Iraclusl unkndis,Pbaloemwds the allowable unfiso&If; lima.
the exceu rrtioading ilase will be oRtliKcd at it, mac af.51.67 per murure for nrdy
mix ntesdrieff and a St-67 Car orgsdialC and paving materials, tattoos urrtasdisrs
lima, will be computed bra s par load 6mil.
3, READY MIX CONCRETE ADDITIVES (If Applicable): Seiler rJull sot
be "onsstilo ror The effect on slump. stumglb, Of quib[ly orally ccoudua to which
water or any other sssatertsh arc 0dd0d aI die dirrclioo or Purchaser tic Futcbsfcrra
ref'"- { Ki- or agent. Seller darn not gumamce pomp ability or mines badusc
lotto Aat no control over lho typo of eguipinonl umd or pmvaiRns, candWonx
WIian color addil(ves Of any Other additives or add atlants art added to m idy�mix
contantm f'A ditivaa"), they rhald be of the request and lt+'rsructiunl err Purdlaser,
and at Purchaser's tick. Sellecdors Writ warrant or antantoa Additives or die n! d -'
ails coname product towhdcb Ihay dal added,
6. $WFZT1QN3 OR ALTERATiONS: l shall he PorchamtPa
rroponibildr to make, or cause to he.mad0, and pay for such inspead ion I and tests
Is inlay be requited Or desired at Sellers facilely Of the F_O:B. local ion to aaaura 166
Maatiul roads any wiluirearenls or Nrchoxr other Ihan Ibal apoelfod n1 ibis
Quils,
7, INMRATEA ACREEtAgNT/ RECLUSIVE TERI481
MODIFICATION- 7114 Quoin sect ftklh the Intiro agrceetent btawten Salter one
Pmdlmar with raapect 10 its subject thanes: previded, 11%ftVir, thou in the event
Pitrx;hvAx and Sailer arc parties 14 a Purthwe Agceemens on S01cr16 form of
Pdieh"g; Almersrssr,. than this Quda is inlerdcd to bo intryyared with And port of
the Purrtiara Alpo omeal, in the evoal of airy cotsniol between an itom on tow first
Page or Ihis Q1101c Irsd the P=hose Agreement, the provision an ate first parse or
this tjvota shall govera. In the evv nl of Any can/liat between an ilcm In these Tama
A Conditiwn and hho m+na and condltiorm to Ibe purchase Agreatnont, be fmurehase
Actoerml aball control. INOVl uwilh regard to airy ouch Ptrrclraso Asrcemna,r, All
page 2 of 2
Attachment 7
Exhibit C
prior and contamporarieeus ennvew +lions, painocea bctwsan dig partial, quotes,
aftbrs, lsotynhliforI %. mprestwWont, prcosiacs and waumntialf with scspert to said
skjeet matlefi 8iC+rrrwd. aleiged keeata and srsprrxated hereby. This is d fully
int0srnled aCrcertterd. No terns and eosdhinas ollr jillin Ilwse shied htareln and no
apeemew ry undrMandfng in any weY PaFisaWn ese
r to modify err supplement th
tonne and condition shall ba binding on Salter DO"$ made in vvriiiog ettd #rind by
Seller. Scllar hereby ah)ectri to and nI any and an addblorisl or diffevenr vent
Proposed by PuraheAar,' rhalbot varbal, eonteinad in Purebesar's push ere arch w
shipping reiclow Forms.
9. PRICE,ESCAI A "ON; Th1e 16CAS,SWW on Ilse (irsr peps orihis Quote eta
aubjed to adjasuntrii: (d) iC Ittd 4 _sfosed art said Fret past; (b) if on quantity
smauabi Ere slmod on Ifte film page, tiler rma and wirer daAarmined by Seller upon
1vrtllan notion -le Isarchuscr; and ic) Olt Ace"M Of bliss Ca in FWI and Eltmtwo
alifs as described hi ibis pefapraph Purchaser eekituwlidgos tlWltialiasal and
soyional apply shaeustics fan the raw motaial necessary for the prOdsclinn and
dcdf'wr err tLc Malaria' clay vac"' aril that Ilse peieas (of oil, Wriaid profww.
gbsoltrlo, diCSc;. Iaiural gas wad eloc.irkily toulkclivrly "lroel•) as well As lisliahl
asphalt, t'0aiend'"mortt and lima {ealtcctivcly, ' "k[cmenra 7 Wray Increase during
the IwTh of the [)uric iA'the event liar Seller Incurs cows inrremi: in Fuel of
ElemcnEs such that it hha purvboe ptits of any Masurfal to Ira supplied "Door this
Q!tour u inerasabd t4 rofltes torn tease e031 .fnamm dnnortd by yeller for Ibp pool
Amid Elomenrs of lhsl Matarlal Arad [0141 ±esu(1 in an inamoso in the price or said
Meleufal of gassier than (i) 10'A for A -W*;WV type hRsstr Jr (t[) 6% for Isp rshtu
controls type Maidriat; w (ftiy 4% for Pwlt=4 aoment laps Mal 0611. Ifron Purehuse
and Seller ibalI nepo We la mumaNy rrsaec.WOK a rgviacd price for the hdatedal yet
to be dcfivcrod under fAia Qa We. tribe pasilp tmarst circa apart s savired prig!%t
such Material, Ilion oilhtr pa ly may. IqW two (2) rmyf wriarn noli c, terminate
this Quefa 41 to Ina i iletial to delivered to Pwwtft r as of the data or
lamination.
P. WARRAMt Y/RF,MZDIES; SBLLL'R WARRANTS THAT THE
MATERIAL WILL, AT THE POINT AND TIM OF DELiVER,Y, CONFORM
M TIM SPECIFICATIONS SET FORTH ONTFre FACE ilEnOP. NO MWm
WARRANTIES OF ANY KiND ARY MADE gY SELLER Atilt) SELIIR
KXPREHLY DM AIMS ALL OTHXg WARRANn83 its ItHE FUUSSf
ti)MNT PERMITTED BY LAW, WrHI?TM SXpR= OR ih4rlJF.17.
hiG
IWDtNG. BUT MT UMIT6D . To, wA"ANTIES OF
AfrsttCH NTAn=y OR r-mim l49R ANY PARTICULAR i'UrIPOSE'.
I'ruchasrr's cxctuslw mmedfes fbr Mesch DFt6's,eatiquass svarhssNy, 0414 /especi to
any nDuooafamliri>I lv mik-l. stud ba United solely. at ter opsfaa or Sailor, W (i)
replASSntam orthc ntr+oanfarmfap Kfatdrial to arc P-0-13. dellrery balm; a (tq the
Cott b repleca the rxtueanformiitg.htarcrial. to she Ii:0.0 ddfvery peNt. Seller
shall be swells reesvnsmble opTwtlnuity to hlvculprr to and cwt Any ulsiranfxohanen
Soller's ismoub Orwansnty isblla ION shall tint amend beyond fhc loll an occur of;
era (1) ynr.fallawing wrbatanlial eomplalton of ltle i rojecl For vaicb the Quae
APP110; of coa (t) yew from Iha hit &livery of MA(erid under ibis Quote. Sala s
lrobt)[ty for any Other breach of this Quarostctll be limilod [o the difference bovrma
time Doliverad price err the Material covered hereby and are marker prime of sueh
mateciel w the F.O.B. palm spaCifed sham, in to evmtt dull Seller be liable for
lass of ptofn, delay Or sett' incidental or eatraequesdal damages. In err cats ,7ult
Seller's liability hcfetmnder "road tare turn of do amount% wullly paid by
Pumhow to Seller under thisQvatr,
t0, FORM MAJEIJRF: Selbr shat[ Aot ba liabta far failvm la pcefarm or
rally in daRvcry by reason or say sontirv"y at erc,urnice rrasorahty bcrnd
Sclier•t amocel which shall ba danrsd to inclate, but nor be Iimfled m. Aenmil IN
defealenrd flathead labor dioputea, boycotts, work saoppaxes, or wotk slowdowns or
Ere, flood, iaclmnrnt ward w. embarl®r, +rarer, gowmmemslt authority, or
rvEatetiont. Including sRoestidnA, prerercrca, and Pitarifics calabifdsed by of ror
Ibc lovaaunant. tr shortage "fsdluie ofraw mAlor;d or transportation wh'sds makes
P%rarmanoe by Sever render Ally Qum more costly. If such delay eanl[nuar rot a
pefled of more than aialy (60) days, Pwhater An kw-i: the rilll,. up;m sdvea days
wT%Ilan rustics is lolled In tcrmninatr this Qootc.
ti. PROPOSiTION 43 NOVICE; TMS PRODUCT CONTAINS
CHEARICALS KNOWN TO T146 STATE OF CAIJFORN(A TO CAUSE
CAtIM. BIRTH DEFECTS OR OTHrta RCMDUC71Vt<HA[tM.
17, MISCELLANE'Ott& Time is of the coarse k1 this Quote. This Quota Is
pavesmmd by CAlifornte law. witrl0ul rakazd 16 -its inlertial Calif i(t1 of taws fogfine_
Its the avegl of ally Nprrts, dxagrernteut of shim urssinit ono of-or governed by Ihb
Quwx. the Patties O r- lhzt 'be ;_M% or doe State of Cnllfonria Aitlinp in the
Couary isf Santa BethOru I'M cachai ro jiaritdiWon to scmlre tack dispute,
diss8 rMmtel err Olhim, brad PwOlurrrsulbrniiA ittclrto sru ri ucfusiva jurisdfefian.
InitfAr
Attachment 7
Exhibit C
Souza, Adam
From: Souza, Adam
Sent: Thursday, August 07, 2014 7 :19 AM
To: 'Ken Pineo'
Subject: RE: Los Osos Valley Rd Interchange Bids 8/12
Ken,
For the AC can you put an option on the quote for the use of a DBE and approx. dollar value of DBE credit.
Thanks
Adam Souza
Project Manager
Santa Maria Area Office
Granite Construction Company
Office 805.614.0196 1 Cell 805.331.2662 [ Fax 805.348.9155 adam.souzaggcinc.com I www.graniteconstruction.com
- - - -- Original Message---- -
From: Ken Pineo [mailto:kpineo@cal portland.com ]
Sent: Wednesday, July 30, 201410:27 AM
To: Souza, Adam
Subject: Re: Los Osos Valley Rd Interchange Bids 8/12
Got it... Thanks
Sent from my iPhone
On Jul 30, 2014, at 10:09 AM, "Souza, Adam" < Adam. Souza@ gci nc. com <mailto:Adam. Sou za@ecinc,com>> wrote:
Ken,
Here is a preliminary list of materials we would like to get a quote on from you. I can update this list as I get further into
the bid. But here is a start.
Import Borrow — 38,000 CY
Class 2 AB — 35,000 TN
HMA Type A %" QC /QA — 13,300 TN
RH MA -G Y:" Std. Process — 8,050 TN
Backfill Sand — 12,000 TN
Rip Rap 2Ton — 850 TN
Rip Rap Light -100 TN
Rip Rap No. 1 -300 TN
1
Attachment 7
Exhibit C
Let me know if you need me to send over any spec. sections.
Note on pg. 32 of the specs they deleted section 9 -1.07 Payment adjustments for price index fluctuations.
Thanks
Adam Souza
Project Manager
Santa Maria Area Office
Granite Construction Company
Office 805.614.0196 1 Cell 805.331.2662 1 Fax 805.348.9155 adam.souza @gcinc .cam <adam.souza@gcinc.com%20>
www.graniteconstruction. cam< http. llwuww .graniteconstruction.corn />
<image001.jpg>
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Attachment 7
Exhibit D
Exhibit D
Madonna /Souza JV Response to Granite's Response — Aug 26, 2014
GERALD C. WEAVER
A LAW CORPORATION
GERALD C. WEAVER
August 26, 2014
Public Works Department
Attn: Jason Bennecke
919 Palm Street
San Luis Obispo, CA 93401
Attachment 7
Exhibit D
1220 Marsh St
San Luis Obispo, CA 93401
Telephone: (805) 781.0788
Fax: (805) 781 -0828
Via: Email and US Mail
RE: US 101/LOVR Project, Specification No. 99821 — Bid Protest Response
Dear Mr. Bennecke:
Granite has responded to Madonna -Souza Joint Venture's bid protest, including for the
first time a purported quote to Granite from Cal Portland dated on the bid date.
Granite offers this quote too late to be considered (see Standard Specification 2 -1.12B
and 2 -1.33, requiring evidence from each DBE quote and it's commitment to the project no later
than 4pm on the fourth (0) business day after bid opening). That time expired on August 18,
2014. Granite did not submit that Cal Portland quote until 08/20/14 and that quote cannot be
considered as evidence under the rules set forth in Sections 2 -1.12B and 2 -1.33 of the contract
and bid documents; specifically the Standard Specifications.
Absent evidence of a DBE commitment from Cal Portland based on Dragon's bid to Cal
Portland being passed through from Cal Portland to Granite, there is no such commitment on bid
day to Granite, that can be considered by the agency.
Even if that belatedly appearing quote (Attachment "A" to Granite's 08/20/14 letter) was
usable, there is no evidence in that quote or otherwise that such a DBE commitment to Granite
existed on bid day.
If such a "pass through" commitment to Granite existed on bid day, or on any day, why
was not such a commitment set forth in Cal Portland's material quote of 08/12/14? Why was the
quote not accepted by Granite? By redacting that portion of Cal Portland's quote where such a
commitment would historically have been included by Cal Portland, Granite has hoisted itself
upon it's own petard, on the pretext that the redacted portion contained "trade or proprietary
information." Since when did evidence of a DBE commitment to this project become "trade or
proprietary information "? The DBE commitment as part of a bid for a public works project has
always been deemed public information. In fact, in Granite's Exhibit 15 -G, entitled "Local
Agency Bidder DBE Commitment," it set out the same information it now alleges it can redact
from Cal Portland's quote; that is: "Buy and Haul Asphalt Oil ($702,000 x 60% _ $421,200).
The Cal Portland Material Quote, dated August 12, 2014, (see Attachment "A') does not
include any offer of DBE participation as requested by Granite on August 7. This is an area of
where additional item(s) or clarifications of work are added historically by Mr. Pineo.
Attachment 7
Exhibit D
Letter to City of San Luis Obispo
August 26, 2014
Page 2
Please note that all text in this area has been crudely deleted. Please find Attachment `B ", a
quote from Cal Portland to Souza for materials to be used on the City of Paso Robles Airport
Taxiway Reconstruction project which bid last Thursday, August 21, 2014. In the area that
Granite has whited out on Attachment "A" of it's quote on the Los Osos Valley Road Project,
Cal Portland has inserted the language with respect to DBE availability. Several times over the
past several years Souza estimators, (Ken Johnston, Stuart Souza, and Steve Souza) have
requested the use of Dragon through Cal Portland to meet our DBE commitments, and were told
by Mr. Pineo with Cal Portland that they only do that for themselves. This City of Paso
Robles bid is the first time Cal Portland, at our request, agreed to provide a quote allowing
us to participate in the Dragon Oil deal for DBE. Please note on the Cal Portland Paso Robles
Airport quote, directly below the pricing is the following language:
"Note: Add $1.50 per too to P -401 HMA price above for $32,000.00 DBE credit value. (Fax
#2) (g-), 11:15 AM." This language does not exist on the whited out quote to Granite, and, likely
never existed.
Sincerely
Gerald C. eaver
Attorney for Madonna -Souza Joint Venture
GCW Jer
CALPORTLA.ND
Attachment 7
Exhibit D
MM,IEERML OUOTL
Aualbst 12, 2014
CALPORTt AMU CflNS'i'l UCTION,. {hereafter, "Se11cr") su'brn is to the pL mbaseridentift.0d below (" urrbasee!) this
quote for motel ial as described below-( "Matetiai "). "is materiai'quoie { QuoW') upon trl ornis4ion to Purchasd, seplkm
and terminates any prior quote or offer, whsther verbal or written, that Purchaser may have received frodi Seiler
referencing the Project
PURCHASER: PROJECT.
GRANITE CONSTRUCTION US 101 tr LOS OSOS VALLEY ROAD INTERCHANGE
ATTN.- ADAM SOUZA PROJECT -4 90921
CITY OF SAN LUIS ORISPO
Clman &twnl supply a cWi rP DACPe t•ratM71 atu 1 ctyrcsea of as nccaca tecroq ri y
Clcanarq '- tinitrtr9ntlSnftstvlll apEedatsW,freeya��ie��I7F t1 an. F.oRMa3eStr1ce3@gringd11t{ytimatt un1onda1fltrou ridAg,
. _ . ..
rt�inliu'Znr+.rw cC.+ °+i.MU rvau nnl gppry F onus 0i rcd orders.
HM ma designs and dean ions ,rappravod D A.E•
f u The contractor tbuycr) ism Vonslbk,for till jalnitc imting erring des. cn nriQ afa0
own Q.C. plait. Tho'Ejnyer,(eanuaewr)t+grces to pay 510.00 parton for all exPked lime ireattd sggrepca dud to jobalte ddayi bythecontiactdr.
Del .Worp, Wpedulc mast be mu*iy agreed. upon lsy [bc 9{kitltf qc And� Cgtpartlontk
Ail [1e1lrclFd'Asplrglt is pdtxdateufront 4'alirom a Stalcsvldd r-iude Oil Pricalndexand I 4A runipe uatlon is duo d�rc9y td Ce1Wtled €br'My
incrcnu llgtta A!i Aggtega[evsiit gnat a ere lxilxatl th'rongh p2 -1 -157 and'tttentisutrjecl ld eq{uststtdnt ipti ibafiaitdwing dolsedulc Rr gable.
> xe ss unliattding charges; (Pet Ind Ali hsjS11>s1t dciiixriea; IIottims Hoppcta {k0) minutes Trnnsfcrs(30) mPmrtae ellawebk unioar3iag tilnc an johslte
then excess ulileading charges al 3138 pet minute: All ftggregn(e delivedez. , holBMistm% & imam (i0) minutes allewabfc unlnading;fta oia=
unloadingd tgdiat'S1.Stperniiitdie.
Seller herehy WhihiK add by ils %;6m6FcTurrIwtri crsby.•acccpls, lire Quatw 1n froth easessubjecl to all orftTomts end Coddilions set fdnh anihd
NO page orlivis Quote.
SK Otis box is checked, the ar mptance Pcdud (as dallned on the following pogo) ends 29- August4014.
(rotkli 4 C(}vlarrms ON NIMT PAGM
Page 1 art Ildtlal,__ ---- — --• -.
MAXERIAL
FOR
PLANT PRICES
UOM
QTY
(ifapplicabld)
TRUCK
TYPE
ADt711AUL
RATES:
no Tj
tNo Taxi
fir RHMA MR-G
L1S
051
Tmnsras
POW1601L
rsr ton
Tons
Booms
Lima rreaied
+ Tex
(Paso Robler NMA Plano
�.
•tYPRA314 ^RAPHMA
U.S,
13,306
Trensiber
PO 64 -100L
Ant,
IPasn Rab1a fJMA•Plaai)
ear ton
+'lets
Tons
Norms
CLASS 3 .PtiRMFJtOLE.&PERV1OUSBAE1GFtLl.
U.S.
117A0
Tmakrors
(Raft CinyaliPlant)
Parton
+ Tat:
TOM
Boflo09
�I41-
BERM MUS
U.S.
t0
Wheelai
P070- 10.011,
person
Tots
Aaw Robles f1MA Mand
z T,"
LLASS U BASES /,r
U.S.
39 ,310
Trensfitts
(19mm)
Per loci
Tons
(Rocky C"" Pl o
+Tax
n
+p
IMPORT BO1tROW,.(M-.)
(RagFyCitgyart'pfavo
per104
V'S.
Tens
75,000
Titm fkm,
Bdnatas
Mio,9:i0Pbl M-F
+ice
Clman &twnl supply a cWi rP DACPe t•ratM71 atu 1 ctyrcsea of as nccaca tecroq ri y
Clcanarq '- tinitrtr9ntlSnftstvlll apEedatsW,freeya��ie��I7F t1 an. F.oRMa3eStr1ce3@gringd11t{ytimatt un1onda1fltrou ridAg,
. _ . ..
rt�inliu'Znr+.rw cC.+ °+i.MU rvau nnl gppry F onus 0i rcd orders.
HM ma designs and dean ions ,rappravod D A.E•
f u The contractor tbuycr) ism Vonslbk,for till jalnitc imting erring des. cn nriQ afa0
own Q.C. plait. Tho'Ejnyer,(eanuaewr)t+grces to pay 510.00 parton for all exPked lime ireattd sggrepca dud to jobalte ddayi bythecontiactdr.
Del .Worp, Wpedulc mast be mu*iy agreed. upon lsy [bc 9{kitltf qc And� Cgtpartlontk
Ail [1e1lrclFd'Asplrglt is pdtxdateufront 4'alirom a Stalcsvldd r-iude Oil Pricalndexand I 4A runipe uatlon is duo d�rc9y td Ce1Wtled €br'My
incrcnu llgtta A!i Aggtega[evsiit gnat a ere lxilxatl th'rongh p2 -1 -157 and'tttentisutrjecl ld eq{uststtdnt ipti ibafiaitdwing dolsedulc Rr gable.
> xe ss unliattding charges; (Pet Ind Ali hsjS11>s1t dciiixriea; IIottims Hoppcta {k0) minutes Trnnsfcrs(30) mPmrtae ellawebk unioar3iag tilnc an johslte
then excess ulileading charges al 3138 pet minute: All ftggregn(e delivedez. , holBMistm% & imam (i0) minutes allewabfc unlnading;fta oia=
unloadingd tgdiat'S1.Stperniiitdie.
Seller herehy WhihiK add by ils %;6m6FcTurrIwtri crsby.•acccpls, lire Quatw 1n froth easessubjecl to all orftTomts end Coddilions set fdnh anihd
NO page orlivis Quote.
SK Otis box is checked, the ar mptance Pcdud (as dallned on the following pogo) ends 29- August4014.
(rotkli 4 C(}vlarrms ON NIMT PAGM
Page 1 art Ildtlal,__ ---- — --• -.
1�
NNEUOTE
August 21, 2014
V C;Uo T'—L)VVI, Attachment 7
1C— C� -%,- CC V V-N 'Exhibit D
CAL.I'CRTLAND CONS'1RUCTION. (hereafter, "Seller ") subrIits to the purchaser identified below ("purchaser") this
quote for material as described below ( "Material "). This material quote ( "Quote") upon transmission to Purebaser, replaces
and terminates any prior quote or offer, whether verbal or written, that Purchaser snag have received from Seller
refe!Mcirtg the Project.
PURCHASER:
SOUZA CONu`1'kUCTIImN, WC.
AM: STEVE SOMA CITY OF PASO IZOBLES AIRPORT'
TRAYS A& F Rt CONSTRUE
PASO ROBL.ES, CA
]f(t'/7i's: PY1Cir81pdaeelVD�'irt /Udesal�frmr Ma4aI:IPAi.11aC
Ql
i'vF<AT�ItIAL
FOB
PLANT
UOM
� Q�
TRIICiii
`' OU l fAL��
PRICES
(if applicable)
TYPE
RATES:
V209 P- 209CrushedAggregateI3ase
ADD T
$15.50
(No Tax)
Course
per ton
EP. S.
tuns
3,400
Bottoms
$7.70 per ion
(Rocky Canyon AggPegare Plarrd)
+ Tax
Transfers
$8_.70 per ton
I'4D1 R40I BITUMII"'O—US SURFACE
$77.40
U.S.
1,500
COURSE
per
Tons
Bottoms
$5.80 er tun
Paso frvbles I<L+FL9 Plnrttl
+ T. x
Trgttsreis
$7.35 per bon
Note. Ada sll.56 erYen to P 111,17 f ErxT J rice ahave arS.3? t�Ot7.00 DBE creNg vnlu� Fax €��_ d1:iSS 4M
fls�it ,00 . pp or P -401;f H. rf 1YliV D�.sP�n
!I mute rinl ; Ca1 nIand fs npt rem nresable rrr rnOlslure colachl in 8uve nlled cn cP%er test ri�r�r "r gr rncrlerlr�Lr.
]nvlronmeotal Fee ofg7.Gp per loud witl apply far bath fob aisd delivered orders,
HMA, mix designs we deemed to meet job spocifica oils ifspproved by the project R.E.
P ecoutr ku re arrrf e r test. rlrra lot
k� C fires trrnrnaerinr acrd aavrt x slrvz
flours of operuGorts: 7;()0 am ta130 pin Monday through Friday.
DelIveryaohcdute must be mutually agreed upon by the eontraetor(buyer) end Ca[portland.
ii Ei rt�tP is t c. rt C�rfi or a Sfax rfd Crtrff Pain f]p ° cvmrrswte rfuarfir,9 tf fnrPn7rycvrd ar aria
increase Urylt pr}c aced tttrou h (10.31 -14) turd then subject to adjusirnent U die foll0vfing schedule: Re- quote.
Exrwss unloading cliargm. All deliveries, 00110m I3'appers (10) rninulLS, Transfers (30) minutes uflovvablc unloading time onjobsitc then excess
un10adiRg charges at Si1.67 per minutc. For all material deliveries, arrive lime will suit to entrance to airport
Seller hereby subrmib, and by its signamro purchaser hereby arccp% the Quote, in both uses subject to all of the Terms and Conditions set fort h on the
ti ti page of this Quote.
If thin box is chec/ ,�jntxs Period (a€ defined an >fic folPcwng pagz) enda 3- Scplem5erOI4
Its:
(TERMS & CONDMOIYS ON P FXT Pet,GE)
Page I oft
Initial
Attachment 7
Exhibit E
Exhibit E
Decision Letter from Director of Public Works — Sept 2, 2014
•
Q Public Works
919 Palm Street, San Luis Obispo, CA 93401 -3218
805.781.7200
slocity org
September 2, 2014
Gerald C. Weaver
1220 Marsh Street
San Luis Obispo, CA 93401
Subject: US 101 / LOVR Project, Specification No. 99821 (the "Project')
Dear Mr. Weaver,
Attachment 7
Exhibit E
Via Facsimile and U.S. Mail
Fax: 805 - 781 -0828
The City of San Luis Obispo ( "City") is in receipt of the bid protest (the "Bid Protest ";
Attachment 1) you submitted on behalf of John Madonna Construction /Souza Construction, Inc., a
Joint Venture ( "JMC /SCI "), for the above referenced matter. After careful review and consideration,
the City hereby denies the Bid Protest for the reasons discussed below.
Granite Construction Company ( "Granite ") was the apparent lowest bidder for the Project.
Based on your August 19, 2014 letter, JMC /SCI protests Granite's bid on the grounds that Granite
allegedly failed to comply with the Federal DBE rules and regulations. Specifically, JMC /SCI's Bid
Protest states:
In Granite's Exhibit 15 -G it alleges it had received a bid from Dragon Materials
Transport, Inc. (Dragon) for "Buy & Haul Asphalt Oil "...and uses this bid to meet the
DBE goal set for the project.
On the page following Exhibit 15 -G, it submits a quote from Dragon dated 8111114
addressed to CalPort/and Construction. Yet there is no evidence given of any
contractual relation, or contract between CalPortland and Granite, or between
Dragon and Granite with respect to this project.
This evidence is necessary for Granite to meet the DBE goals, or to establish a
good faith effort to do so. Under the Federal Regulations it is required that Granite
show that it had such a quote to Granite by any DBE subcontractor or supplier at
the time of the bid used by Granite or a DBE subcontractor or supplier to meet the
goal set for the project. In its (sic) "contract" efforts as shown in Exhibit 15 -H,
Granite fails to show it even contacted Dragon prior to bidding.
Further, the Dragon quote to Ca/Portland is for delivery to a Paso Robles location,
(sic) and Granite has no plant in Paso Robles. Granites (sic) nearest asphalt plant
is located in Buellton.
A copy of your August 26, 2014 follow -up letter is attached.
As you know, subject to certain regulations, all DBE participation counts toward a project's
DBE goal, including all DBE participation from first and second tier subcontractors (see Standard
Specification Section 2- 1.128, Disadvantaged Business Enterprise Goal; 49 CFR Section 26.55; see
also Standard Specification Section 5- 1.13B). Therefore, bidders for this Project were required to
Attachment 7
Exhibit E
Mr. Gerald C. Weaver
September 2, 2014
Page 2
identify on the DBE Commitment Form all DBE firms participating in the Project regardless of tier.
(See Instructions- Local Agency Bidder DBE Commitment (Construction Contracts)). Granite's first
tier material supplier is CalPortland and its second tier supplier /hauler (through CalPortland) is
Dragon Materials Transport, Inc. ( "Dragon "). Consequently, Dragon's quote for this Project was
properly directed to CalPortland and timely included in Granite's bid. As is customary, Granite's
supplier, CalPortland, provided Granite with Dragon's quote for inclusion in Granite's DBE submittal to
evidence Dragon's participation. Pursuant to 49 CFR 26.55(e)(2)(i), Granite only counted 60% of the
cost of the materials purchased from Dragon towards the DBE goal. Based on the documents
received from Granite in its bid package and those received within the time frame set forth in
Standard Specifications 2 -1.128 and 2 -1.33, Granite has complied with 49 CFR Section 26.53.
This decision may be appealed to the City Council pursuant to Chapter 1.20 of the City
Municipal Code. Please let me know if you have any questions or comments.
Sincerely,
Daryl rigsby
Director of Public Works
Attachments:
August 19, 2014 bid protest letter
August 26, 2014 follow -up letter
cc:
John Madonna, Madonna /Souza Joint Venture
Heather J. Lenhardt, Granite Construction Company
Katie Lichtig, City Manager
J. Christine Dietrick, City Attorney
Jason Bennecke, Project Manager
Attachment 7
Exhibit F
Exhibit F
Madonna /Souza JV Appeal - Sept 4, 2014
CID) City Administration
990 Palm Street, San Luis Obispo, CA 93401 -3249
805 781 7114
:,Im 11Y 1)1;11
September 4, 2014
Gerald C. Weaver
Gerald C. Weaver, a Law Corporation
1220 Marsh Street
San Luis Obispo, CA 93401
Attachment 7
Exhibit F
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. 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
ameiia( slocit ry�org.
Si , efy,
thony J. Mej i
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
Attachment 7
Exhibit F
RECEIVCG7 `M
SEP 04 2014
5LO CITY K
RE: Appeal of Denial of Protest to Award of
Public Works Project to Granite Construction, Inc.
Project: US 101/LOVRProject, 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,
8057810828 p.2
Sep 03 14 01:24p J. Tavener Holland Attachment 7
Exhibit F
the City and by Federal Lary for a project aided by federal, .funds% and this project proposes to use
federal funds ju it's conmuction.
t3ranitc's bid documents, and all docurn.ents filled by Granite itt support of,ECti1l$ the
Disadvantaged Business F,nterprise ("DBE ") Commitment are absent any evidence Granite had
T>F3E Cotnmitraents to the prgicct at tl7e time of bid or within the time that the bid docurttetlts
required documentation sufficient to meet the DBE requirements an this project, or to show a
good faith effort to meet those requirements. A.s such, the bid was nonresponsive and required to
be rejected.
Wherefore, appellant requests a fieadng be set before the City Council on the issue Set
forth in tbis appeal as required by law.
Dated: y , 2014
Oerald C. Weaver, A Law Corporation.
Law Offices of J. Tavc= IIolland
By
Gerald C. Weaver.
Attorney for Appellant
Madonna -Souza Joint Venture
Appeal of Denial of Protest to Award of Public Works Project to ()(mite Construction, Inc.
09/04/2014 13:48 FAX 8057817109
TRANSMISSION OK
TX /RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
SAN LUIS ADMIN
* TX REPORT N xcxc
PIN-
0 :; r
City Administration
990 Palm Street, San Luis Obispo, CA 93401 -3249
005,781 7114
September 4, 2014
Gerald C. Weaver
Gerald C. Weaver, a Law Corporation
1220 Marsh Street
San Luis Obispo, CA 93401
3767
97810828
09/04 13:47
01'17
3
OK
001
Attachment 7 p
Exhibit F
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 1011 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 DE 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
anaei ianslocity.orQ.
sin ly,
ony .