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HomeMy WebLinkAbout09-16-2014 b1 Lichtig, CMCOUNCIL MEETING: ITEM NO.: RA- ' Council Memorandum w -l. September 10, 2014 TO: City Council FROM: Daryl R. Grigsby, Director of Public Works VIA: Katie Lichtig, City Manager SUBJECT: Resolution for Council Mee ing September Protest for Laos Osos Valley Road Interchange FRECEIVED 2014 CLr--R ( 16, 2014 — B1. Appeal of Bid Attached is the resolution for Item B1. 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. glstaff- reports - agendas- minutes \_cememos\2014 \9 -16 -14 bl lovr appeal cc memo docx 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 -1.1213 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 Exhibit A Exhibit A Granite's DBE Documentation Submitted Aug 15, 2014 i i r t i ff J �i t 3 L f. r t IN _....7 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 _ BIDDER'S NAME: GRANITE CONSTRUCTION COMPANY CONTRACT DBE GOAL: 3% CONTRACT ITEM NO, ITEM OF WORK AND DESCRIPTION DR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED (or contracted if the bidder is a DBE) IDBE CERT NO. AND EXPIRATION DATE NAME OF EACH DBE (Must be certified on the date bids are opened - include DBE address and phone number) — -- DOLLAR AMOUNT DBE _ PLEASE SEE ATTArHELX4hMLF1ED-1_56G For Local Agency to Complete: Local Agency Contract Number: _ _ Federal -aid Project Number: Federal Sbare: Contract Award Date: Local Agency certifies that all DBE certifications have been verified and inrormation is complete and accurate. Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: Total Claimed DBE Participation $ 3� 3.2 _% Si naturc of Bidder RUC NTRAL CALIFORNIA REGION AUGUST 12, 2014 605 964- -9951 Date (Area Code) Tel. No. DIANNE CARLISLE _ Person to Contact (Please Type or Print) Local Agency Bidder DBE Commiunant (Coesiruction Coilnicls) (Rev 626!99) Distribution: (1) Copy -- Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of cor••.raGt exceudor. Failure to send a copy to the DLAE within 30 days of contract 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 Attachment 7 Exhibit A DRAGOT4 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 DBE/WBE/UDBE Firm 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 + Any applicable taxes ORIGIN: Greka DESTINATION: Paso Robles *Indexed 5% Crude by Caltrans *Project will be ongoing until 1212016 *Standby after 1 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. www.eia.gov. $4.084 on bid day. �,otoc:> ?"ahs L :q�;d asphalt x �Sss��h � #7oa,aoo 7Da,oco x 6 01, VaEue 11a1,o�Cit� i Y :t G -, :1 J-, -W Lww-.ft W= III~ Ir Y Ir— CM.. p a ICI is . To: Granite Construction Atten: Adam Souza Quote Number M14- 808(8) 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 AB100PBS 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 Payment Terms: Net 30 / Less 2.5% COD Lead Time: 7 -14 Days All Prices Good For 30 Days SUB TOTAL $45,680.00 r 601/° TAX 8.00% $3,654.40 FREIGHT TBD GRAND TOTAL $49,334.40 Customer is responsible for all applicable sales taxes and duty Quoted by Michael Castro Customer Acceptance of Order; www.kresafety.com Signature Date Attachment 7 Exhibit A AUSTIN ENTERPRISE 1 ;r License #761893 P. O. 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 Los Osos Valley Road City of San Luis Obispo —1. Bid Date: August 12, 2014 BID ITEM # 99 / Continiously Reinforced Concrete Pavement (portion): 305 cy Green saw for longitudinal contraction joints ................$950.00 / day k l =9 sa 305 cy Widen, prep, furnish and install cornpression seal ........... $27.00 / cy ............ $8,235.00 7 w �9,i85 BID ITEM # 100 / PCC (JPCP) (portion): 151 cy Green saw for contraction joints 1/3 T ........................$950.00 / day x a = $ igoo Note: Plans and specs do not specify sealing these joints 151 cy Widen, prep, furnish and install silicone sealant ..............$16.57 / cy ........ ....$..,SA Conditions for above items: I. Contractor to supply 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 itern. 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 / ©BA: Austin Enterprise / TJ's Traffic Safety It 11108S I Y �I. epq - a4qi To: Granite Construction - Santa Barbara Page 2 of 7 2014 -08 -12 02:52:59 (GMT) f i k AF L Rupert 3941 Park Dr., Ste. 20 -487, El Dorado Hills, CA 95762 -4549 Yard: 12405 Gold Flake Ct , Rancho Cordova, CA 95742 Quotation To: Estimator Project: Los Osos Rd Bridge, San Luis Obispo Job Number: 05- OH7340 Attachment 7 19252692861 From: 6nifitbitWonnenberg 01� UDBE Certified, #CT 032785 Old Date: 8/12114 Date: 8/11/14 Quantit Description Unit $ Total 5 Bid Item #166 2,110 Ibs Miscellaneous Metal (Bridge) $2.60 $5,494.44 4 ea. - U -45 Manholes 4 ea. - Soffit covers (814.5) 2 g1 Sie�3Z 2 ea. - Sidewalk cover plates 20" x 74" Bid Item #167 7,840 lbs Bridge Deck Drainage System $4.25 $33,339.60 7 ea. - D2 Drains + I 200 LF - 8" Pipe 200 LF - 8" Pipe 5 ea. - 90 degree Elbow 5 ea. - 6" to 8" WYE Fitting 4 ea. - 8" 45 degree Elbow 2 ea. - &' Expansion Coupler Ott �{ L$ 6" & 8" Band Couplers 6" Clevis Hangers w /Rod .8" Clevis Hangers w /Rod .2 ea. - 12" x.250 Wall Pipe Casing @ 40' (C214 Tape Wrap) 'Contractor to verify field cilmensionsfpipe layout -'shop drawings included "excludes 3rd party welding Inspection fees, Field welding, field touch up coating Total: S38 834.D4 Sales taz not included Delivery, Terms: Net 30 days F.O.B_: Job Site =t9aiinr 30 claya Items included in quoted price: limited to items listed Exclusions: Sates 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 of Installatton. Liability: Lineted to the cost of our product, we will not he 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 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 for purchase. See attached line card for product information. Some items may not meat Buy America requirements, Sincerely, Stacy Monroe 925.408.3627 Mobile 925.229.5577 Office Stacy @rupertsupply.com To: Granite Construction - Santa Barbara Page 4 of 7 2014 -08 -12 02:52:59 (GMT) �r Rupert Construction ►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 �LL Attachment AA7 19252 692861 From: �Ca�eln Wonnenberg D8E Certified, #CT- 032785 Bid Date: 8112114 Date: 8111/14 Cluantil 10escriplion Unit S Total S Bid Item #124, Joint Seal Assembly, MR 2 112" f 81 ft WaboStripSeaI, SSS Type R $2 $9,132.75 t2 �T 4, 1'ea Estimated Freight $1,200,00 $1.200,00 Prlces Incvde: /ontractoar r "shop drawings' 'joints furnished in 20 ft. sections; field spliced t� 'shop fabricated upturns "neoprene strip seals furnished in continuous nglhs; field installed by contractor 'hot dipped galvanized coatings { Prices exclude: `cover plales of any kind(ry. •removal, installation or field measur manly 'cinrlcrele, reber or grout `any item not specifically identif as being included above Total:1 $10,332.75 Sales tax nut Included Delivery: Terms: Net 30 days F.0.8.: Ship Point Pricing Valid for 6 months from Bid Date Item/%hipmenL ded in quoted : timtted to items listed Exclusions: Sales lax, a IneeAng, 3rd party Inspections, liquidated damages, retention. Rup Construction S ply will supply materials as required In contract plans and speCipralions. Rupenstruction apply Is not responsible for design, englneedngorinstaliadon. Liabiirnited I e cost of our product, we will not be responsible for additional charges. Due insta Wly in the raw materials markets, our quotation is subject to change without notice. Priciould a verified before placing a purchase order. If this ect subject to Compensation due to escalation of raw materials pricing, Rupert Construction Supply reserves the right to make claim or shipment contto verity fled dimensions. ActuMIJes are th e responsibilily of Iha contractor. Addll items available for purchase. See altached line card for product information. Sincerely, Stacy Monroe 925.408,3627 Mobile 925.229.5577 Office stacy@rupertsupply.com 1 1 Attachment 7 Exhibit B Exhibit B Protest Filed by Madonna /Souza Joint Venture on Aug 19, 2014 Attachment 7 Exhibit B Letter to City of San Luis Obispo August 19, 2014 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 --- QUOTE 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 Calportland Construction Attn: Danny Deveraux -Date: 08/11114 Attachment 7 Exhibit B DBEIWBE[UDBE Firm No. 37444 SBE 52655 Project: City of San Luis Obispo, Los Osos Valley Road and Hwy 101 Interchange Inaprovement Project Material; 500 Ton - PG 64-16 Material: 700 Ton - PG 64-10 Delivered Price: $585.00 Per U.S.. -Ton Any-appitcable taxes' ORIGIN: Greka DESTINATION: Paso Robles *Indexed 5% Crude by Caltrans *Project will. be ongoing until 1212016 *Standby after I hour from scheduled delivery time at $1,00.00 per hour *Pricing based on &U loads - 26.00 ton *Fuel surcharge - rate increase - add $ 1.00 for every 8.10 increase if California OrL= Highway reaches $4.25 per gallon. wwwxia,go v. $4.084 on bid day, 1,@100] —Ios L;jv;d ct�p6l+ % "59514,h = 't70,9,000 ?0@'000 x 60% 0.6-_ N Attachment 7 Exhibit C GRAI'YTE 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. Q 101(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 farther 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 City 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 (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 f rst -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 ATTACHMENT A CAL,POR 1.11l'iND MATERIAL QUOTE August 12, 2014 Attachment 7 Exhibit C CALPORTLAND CONSTRUCTION, (hereafter, '"Seller ") submits to the purchaser identifu;d below ( "-Purchaser'l this quote for material as describcd below ("Material"). INs material 4uote ('`Quote ") upon transmission to Purchaser, replaces and terminates any prior quota; or offer, whodier verbal or written, that Purchaser may have received from Seller rercrencing the Project. PURCHASER: PROJECT: GRANITE CONSTRUCTION US 101 / LOS OSOS VALLEY ROAD INTERCHANGE ATTN: ADAM SOUZA PROJECT 0 99821 CITY OF SAN LUIS OEISPO .,,.F., 3 o — W wok,.,.'. ,,,,.a.r n,s" _a ivau ur to ri NUUU. trtivaUCr Aaprranl Clean asphalt Rd I'd inO wlli be accepted at dqr reaycfe plant on East Main Street during duy.1me hours Monday through Pridaf. i~l - —d. nPPay Lvr 0o'111 rV13 an¢ o611vorcu or0ers. HMA mix designs are deemed to mcetjob speeifladiu if approved by the local City Material Engineer or A.E. EAU, t q_" ►eke !ndu (f 5 A/R11! lMlrM[+flrtly. ne gnlllf9l:lC7r (bvycl) i9 regmnsIblc for All JoWtc testing emher, dAto carm and pprtrperdlpn and also own Q.0- plan, The buyer (cernuactor) agrees to pay $10.00 per ion for all oxpimd Time treated aggrc,galcs duo to job site deloys by the contnlcxor. Ddivoryschodule must be mpllullly agreed upon by the coraratxur geld Calpoetand. An dolivcmd Asphnll is priced it current tallf0m'a Su e%ide Crude Oil Price Index and 100 %compensation is dim directly to Calptutlattd for any hiercosc. hiomt"_ All Aggrcgotc unit prigs arn±+ 11xed through (i2-1 -1S) and'then subject fir adjumment0t *e followingachcdek: R"amr- Lxeass trnlnading charges: (Per 1044 All AsoUt deliveries; Butlam Hoppers (10)minutes.'raansrers 00) min-AM allowable unroadiag rinicnnyoN to then "=,; univading charges at SI.SS per minute. All agptroguic deliverlcs, lxstf bottoms & trhrtsf -m (lo) rninofv;allcm-ahle unloading_ then excess unloading charges at S 1.58 per mirralt , Scher herchy submits, and by its 0gnmure Purchaser hereby accepts, 11%cQuntc, in both cases sutrjee( to all al llicTeams anti Conditions set for•,h on nx: thud page of'Ihis Quato. Vfthis box is checked, the =gruncc Pcriad (as defncd on the. fullowiag page) ends 29- August -2014, CALPt WFLAND PURCHASER t 13y: t3y: (TERMS .& CONDITIONS ON NEXT PAGE) Page i art Initlal MATERIAL 76n UOM QTY TRUCK ADD HAUL PLANT PRICES (if applicable) TYPE RATES: — U.S. Tons $,051 Transfers N0_Tax) 112" ANMA- 'fY1jT:•G PG 64 -16 OIL Lima Trear[d rer ion + Tax Bouanu Paso Robler HMA Plow) U.S. Tore 13,303 Tratatbrs TYPE A 314" RAP HMA PO 64• I010tL Airrl -SYrip per ton +'rare 86ltoms (Paso Rabyn PIMA Pfister U.S. Tons U.S. Tons U.S. 1,200 10 39,910 Transfers CLASS 3 P1i11 MEAIILF. & PERVIOUS BACKFTLL (Rocky Cfoy6n. Planl) Per ton + Tar Bottoms 10•Wheeler Tnutsfers BERM MIX PG 70-10 00, Paso Robles HMA Pi mr _ per ton + T+- CLASS If BASE 3/4" (19mm) Per ton Tore Bo oms Trmtslbts (Rod1Y Caeyan Plant) F Tax U.S. Tons 75,000 t m IMPORT BORROW,_(D.G.) (Rocky Conyon )%n1J Hours: X•00 AM On J, 30 tH 3f -F Per ton +7'as Bottoms .,,.F., 3 o — W wok,.,.'. ,,,,.a.r n,s" _a ivau ur to ri NUUU. trtivaUCr Aaprranl Clean asphalt Rd I'd inO wlli be accepted at dqr reaycfe plant on East Main Street during duy.1me hours Monday through Pridaf. i~l - —d. nPPay Lvr 0o'111 rV13 an¢ o611vorcu or0ers. HMA mix designs are deemed to mcetjob speeifladiu if approved by the local City Material Engineer or A.E. EAU, t q_" ►eke !ndu (f 5 A/R11! lMlrM[+flrtly. ne gnlllf9l:lC7r (bvycl) i9 regmnsIblc for All JoWtc testing emher, dAto carm and pprtrperdlpn and also own Q.0- plan, The buyer (cernuactor) agrees to pay $10.00 per ion for all oxpimd Time treated aggrc,galcs duo to job site deloys by the contnlcxor. Ddivoryschodule must be mpllullly agreed upon by the coraratxur geld Calpoetand. An dolivcmd Asphnll is priced it current tallf0m'a Su e%ide Crude Oil Price Index and 100 %compensation is dim directly to Calptutlattd for any hiercosc. hiomt"_ All Aggrcgotc unit prigs arn±+ 11xed through (i2-1 -1S) and'then subject fir adjumment0t *e followingachcdek: R"amr- Lxeass trnlnading charges: (Per 1044 All AsoUt deliveries; Butlam Hoppers (10)minutes.'raansrers 00) min-AM allowable unroadiag rinicnnyoN to then "=,; univading charges at SI.SS per minute. All agptroguic deliverlcs, lxstf bottoms & trhrtsf -m (lo) rninofv;allcm-ahle unloading_ then excess unloading charges at S 1.58 per mirralt , Scher herchy submits, and by its 0gnmure Purchaser hereby accepts, 11%cQuntc, in both cases sutrjee( to all al llicTeams anti Conditions set for•,h on nx: thud page of'Ihis Quato. Vfthis box is checked, the =gruncc Pcriad (as defncd on the. fullowiag page) ends 29- August -2014, CALPt WFLAND PURCHASER t 13y: t3y: (TERMS .& CONDITIONS ON NEXT PAGE) Page i art Initlal 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 1 Fax 805.348.9155 adam.souzaORcinc.com I www.graniteconstruction.com - - - -- Original Message---- - From: Ken Pineo [rnailto:kpine©@caloortland.coml 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@ ecinc. com <mailtoAdam.Sogza@gcinc.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 3 /o" QC/QA — 13,300 TN RHMA -G Y:" Std. Process — 8,050 TN Backfill Sand — 12,000 TN Rip Rap Hon — 850 TN Rip Rap Light —100 TN Rip Rap No. 1— 300 TN Attachment 7 Exhibit D Exhibit D Madonna /Souza JV Response to Granite's Response — Aug 26, 2014 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 fmd 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 ton to P -401 HMA price above for $32,000.00 DBE credit value. (Fax #2) (a, 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 P209 P'401 W AIMS ,. 4 HAURIAL August 21, 2014 .111 t +L9 TTY Attachment 7 CA -&- ' Exhibit D CA LPORTLAND CONSTRUCTION. (hereafter, "Seller ") subrMits to the purchaser identMed below ( "puxchasel") flijs quote far material as described below ('Material" . This material quote (" Quotr "} Ulrura transruission to Purchaser, re- plaocs slid terminates any prior quote or offer, wheiher verbal, or written, that Ey=haser may ba -ve received from Seller refc,,Mcing the Project. PURCHASER: SOY7ZA CONSTRUCTION, flR9C. AM. STEVE SOUZA CITY OF PASO ROLES AIRPORT TAXIWAYS A& !F REC01gS tI` Uel PASO ROBL.ES, CA ?<RYALISPHCA O Pp 9'L: Palclr TVt7�' i rle sales ta:� "'•"•'•r'`. FOB PLANT UOM QTY TRUCK ADD HAUL PRICES (if applicable) TYPE RATES: ADD (NO Tax) P -209 Cntshed Aggregate Base $15.50 U. S- 3,400 Course per ton tons 60tt° $7,7Dper4on (Rocky Canyon Aggregate Plwd) + Tax Transfers $8.70 per ton Rt{011JITUML ous supx -ACE $77.0 U.S. 1,500 COURSE person Tons Bottoms 55.80 er ton Faso .stables 1Y11af.A P1tenPj +Tax Transfers $7.35 per ton 1Vn1e: tldt3l.30 rer ft7►t lv I'- I fd.d *above ar 33 t70(l 1I01JIlE crPllfl vtrlu� Frzx � � i'1:I � ffriF drl S1 (10 fill n,rP -401_ f�'f�ffr4 rYffi� Ilesll Erwi zrinfs: Ccltaoriir�nrlrs not res and rrst$ie f r uM c0ftlent lrr P -209 Base or ailed ceyrnt�acr+lnrr test derlu ar err rnafer i�rLc 8nviranrn�ttul fee ofS7.00 per load will apply fnr both fob and delivered orders. HMA mix designs arm deemed to meeti0b specifications ifappro+vrd by the project R.B. erntdr n u re and r tesYti tin tor rY,e rrr rrerior andafvra C tu i3nurs ofope d0J1s: 7.OQ anx ta3.30 pn',Mondaytitr©tleA Friday. F]ellvcry sci:cdula mttstU mutually agreed upon !sy the cenirac tor (huyer) and CnlportIMd. 1 ri liver d nitl i t c• it C-al or a Star . vfd Crud= ©it Prre rd rt D� ca»to�t. 'a dtte Aire t! tee f¢ rftsn+# ar env E lncreatm= CJtlit prices t- rxcd through (10.31 -1�4) and then subject to adjusttnenl on the foilawing schedule: Re yvvtc. Ex= ss unChar es fit $1.67 �e i d iautc. F lidI i Hoppers (l0) Minutcs, Transfers (34) winutes allowable unloading time on johsite then excess urllW her charges fit , and per i igna Far till nateriaJ deliveries arrive time will srw-t at entrance to airport Se19er ix:rc5y ;,ubruits, and 6y its signaRtre E urchnscrhemby accepts, the Quow, in broth cases subject to all ofthe Terms and Conditiunsset forth an the th" page of this Quote. Cf ttlis bOK is rltcc ditanta pgripd (W defaced on the following page) ends 5- Soptcruber -2014 By; 1'YJQtC!{rASEET By: (TERM & COMMONS ON NEW PAGE) Page 1 oft Initial ' f0 0 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 Ca/Port/and Construction. Yet there is no evidence given of any contractual relation, or contract between CalPort/and 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 CalPortland 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- 1.12B, 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 F Exhibit F Madonna /Souza JV Appeal — Sept 4, 2014 Attachment 7 Exhibit F RECEIVE' )`�`�� SEP 04 2014 5LO Cl TY �l f t�[ 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. 09/04/2014 13:48 FAX 8057817109 'RANSMISSION OK 'X /RX NO CONNECTION TEL ONNECTION ID T. TIME SAGE T 'GS. SENT ESULT SAN LUIS ADMIN *xm TX REPORT d City Administration 990 Palm Street, San Luis Obispo, CA 93401 -3249 ��. �i 805,761.7114 September 4, 2014 Gerald C. Weaver Gerald C. Weaver, a Law Corporation 1220 Marsh Street San Luis Obispo, CA 93401 3767 09/04 13:47 01'17 OK 12001 Attachment 7 Exhibit F 97810828 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 IncJ 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 anaei iana,slocity.orQ. Sin r ly, pony ,