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HomeMy WebLinkAboutr 10563 Uphold Denial of Bid Protest RESOLUTION NO 10563 (2014 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, 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, and 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, and 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, and 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 R 10563 Resolution No 10563 (2014 Series) Page 2 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, Resolution No 10563 (2014 Series) Page 3 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 filed by JMC/SCI against Granite regarding the Project Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the following roll call vote AYES Council Members Ashbaugh and Smith, Vice Mayor Christianson and Mayor Marx NOES Council Member Carpenter ABSENT None The foregoing resolution was adopted this 16th day of September 2014 Mayor Ja ATTEST Vl, b nthony Mei , M City Clerk APPROVED AS TO J ine Dietrick qty Attorney Resolution No 10563 (2014 Series) Page 4 Exhibit A Exhibit A Granite's DBE Documentation Submitted Aug 15, 2014 Resolution No 10563 (2014 Series) Page 5 Exhibit A CUMOTE 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, E ONSTRUCTION COMPANY Di ne Carlisle Administrative/Estimating Assistant DC do P 0 Box 6744 Santa Barbara California 93160 (805) 964-9951 (805) 967-1431 RSI AW141s W&T(2014 Series) Page 6 Exhibit A 4 EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT CONSTRUCTION CONTRACTS F NOTE PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM ENCY CITY OF SAN LUIS OBISPO LOCATION SAN LUIS OBISPO CA 7 PROJECT DESCRIPTION LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS TOTAL CONTRACT AMOUNTS 16,572,130 I BID DATE AUGUST 12 2014 BIDDERS NAME GRANITE CONSTRUCTION COMPANY CONTRACT DBE GOAL 3% i r CONTRACT ITEM OF WORK AND DESCRIPTION DBE CERT NO NAME OF EACH DBE DOLLAR AMOUNT ITEM NO OR SERVICES TO BE AND EXPIRATION (Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE arc opened include DBE address O BE PROVIDED(or contracted if the and phone number) bidder is a DBE) PLEARE SEE ATTACHE) rMOLETED 15-G } i For Local Agency to Complete Total Claimed DBE $535,560 Local Agency Contract Number Participation _a Federal aid Project Number 3 2 % Federal Share €� Contract Award Date v 4 ` i 3 Local ALency certifies that all DBE certifications have been verified and Signature of Bidder information is complete and accurate RUCE MCGOWAN VP dNTRAL CALIFORNIA REGION AUGUST 12 2014 805 964-9951 i Date (Area Code)Tel No Pnnt Name Signature Date DIANNE CARLISLE Local Agency Representative Person to Contact (Please Type or Pint) (Area Code)Telephone Number Local AeLncy Bidder DBE Commitm n (Carstruction Co itrads) (Rev 6/261991 l Distribution (1)Copy—Fax or scan a copy to the Caltrans District Local Assistance Engineer(DLAE)within 30 days of cos raft eaceutior °ailure 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 to award package to Caltrans District Local Assistance (3)Original—Local agency files i - Page 137 1 L_ _ Resolution No 10563 (2014 Series) PagE4 of San Ltns Obispo Exhibit A s EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION ION CONTRA.0 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 572130 _ BID DATE AUGUST 12 2014 BIDDERS NAME GRANITE CONSTRUCTION COMPANY CONTRACT DBE GOAL 3% CONTRACT [TEM OF WORT.AND DESCRIPTION DBECERTNO NAME OF EACH DBE DOLLAR AMOUNT ITEM NO RSERVICES TO BE AND EXPIRATION (Must be certified on the date bids DBE UBCONTRACTED OR MATERIALS DATE are opened includ,-DBE address O BE PROVIDED(or contracted if the and phone number) iddcr is a DBE) 9394 3UY&HAULA 1 0 13 URNISH TEMP ALT CRASH CUSHION(345 68)@ 60/) 000447 11/2014 KRC SAFETY 559)732-0393 27408 9798 PLACE AC DIKE 000219 7/2019 AC DIKE CO 9161652 0159 4 237 li a 99 100 SAW&SEAL JOINTS 013602 3/2016 kUSTIN ENTERPRISE 6611589 1001 11 085 15 DREPARE SWPPP 39322 5/2015 LA FIRMA INC 805!746-8576 1 350 715 RIDGE 166,167 RNISH MISC METAL BRIDGE 032785 1/2015 UPERT CONSTRUCTICN SUPPLY 92 408-3627 23 300 RIDGE DECK DRAINAGE SYSTEM($33 634 600/) 3941 PARK DR STE 20-487 EL DORA O HILL 95762 For Local Agency to Complete t Total Claimed DBE $535 560 ii Local Agency Contract Numbtr Participation -! 32 Federal aid Project Number % Federal Share i Contract Award Date Local Abenc)certifies that all DBE certifications have becii vcnried and Signature of Bidder ry information is complete and accurate RUCE MCGOWAN VP CENTRAL CALIFORNIA REGION AUGUST 12 2014 805 964 9951 D1te (Area Code)Tel No Print Name Signature Date DIANNE CARLISLE i Local Agency Rcpresentatn c Person to Lo-itact _ (Please Type or Pant) (Arca Code)Telephone Number - I Loca,Agency Hiddcr DBE Car mithr i.(Cccsuucuon Co-ttiacts) (Rc� 6t1kr7) J f 3 Distribution (t)Copy—Fax or scan a copy to Clic Caltrans District Local Assistance Engincce(DLAE)within 30 days of cot int eaccutiur caiture to send a copy to the DLAE within 30 days of contract exccution may restilt in de oblitation of funds fo-hi(s proJec, (2)Copy—Include in award paekabe to Caltrans District Local Assistance (3)Original—Local agency files I Page_I 37 i } Resolution No 10563 (2014 Series) Page 8 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 dragonmatenal@yahoo corn. 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 Pace $585 00 Per U S Ton + Any applicable taxes ORIGIN Greka DESTINATION Paso Robles ----------------------------------------------------------------------------------------------------------------- *Indexed 5% Crude by Caltrans *Project will be ongoing until 12/2016 *Standby after 1 hour from scheduled delivery time at$100 00 per hour *Pricing based on full loads-26 00 ton *Fuel surcharge-rate increase-add S 100 for every$ 10 increase if California On Highway reaches$4 25 per gallon www.eia gov $4 084 on bid day 'Tors Ltyc,d aspl,al+ x 5ss/4K M 't70,91000 70a,00o x 60'/, Value - $ya1,900 t� ' Resolution No 10563 (2014 Series) Page 9 Exhibit A KRC SAFETY CO., INC. = Barricade Rental~Sales N Traffic Control P 0 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 Norcai/Socal LABOR'S UNION To Granite Construction Atten Adam Souza Quote Number M14 808(A) Date 8/12/2014 FOB Santa Barbara We appreciate the opportunity to submit the following quote Part# Qty U 0 M DESCRIPTION UNIT PRICE EXT PRICE WTLMB(A) 2 Ea WANCO 3 Line Message Board $15,90000 $31,80000 3 lines of eight 18"LED characters, $000 one 130 watt solar panel,four 6V $000 batteries,420 ah total capacity, 15 $000 amp charger,full size computer $000 console,orange powder coat finish $000 and 2" ball hitch $000 WVT3(A) 3 Ea WANCO 3 Line Message Board-Mini $15,50000 $46,50000 3 lines of eight 14"LED characters, $000 {� one 85 watt solar panel,four 6V $000 batteries,420 ah total capacity, 15 $000 amp charger,full size computer $000 console,orange powder coat finish $000 and 2"ball hitch $000 $000 $000 Customer to off load from shipper SUB TOTAL $78,30000 k 60J� Payment Terms Net 30/Less 2 5%COD TAX 800% $6,26400 , X6,980 Lead Time 7-14 Days FREIGHT INCLUDED .------ All Prices Good For 30 Days GRAND TOTAL $84,564001 Customer is responsible for all applicable sales taxes and duty Quoted by Michael Castro Customer Acceptance of Order, www kresafety com Signature Date a Resolution No 10563 (2014 Series) Page 10 Exhibit A t � KRC SAFETY CO., INC. V Jnr Barricade Rental-Sales~Traffic Control P O Box 6356 Visalia California 93290 Office 559 732 0393/Fax 559 732 2684 - _s KRC SAFETY is a MBE,SBE and DBE Company Proud to be a part of the Norcal/Socal LABOR'S UNION To Granite Construction Atten Adam Souza Quote Number M14-808(8) Date 8/12/2014 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 $9,13600 $45,68000 9 element complete system $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $0001 Customer to off load from shipper SUB TOTAL $45,680 00 Y 60'/0 Payment Terms Net 30/Less 2 5%COD TAX 800% $3,65440 z 97,L106 Lead Time 7-14 Days FREIGHT TBD All Prices Good For 30 Days 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 f L t 08/11/2014 14 02 9166459618 AC DIRE #4433 P 001/001 Resolution No 10563 (2014 Series) Page 11 Exhibit A y A. C. DIKE CO. SpeciaCty Paving Inc. SPECIALTY PAVING CONTRACTOR QUOTATION• LOS OSOS VALLEY RD BIDS 8/12/14 "PLACE CONLY"* 737 LF ASPHALT DIKE @ $5 75 LF L,2 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. QUALIFIED MINORITY CONTRACTOR,, DBE/WBE/llDBE # CT 000219 CAL LIC # 407417 NEV LIC #24188 2788 VENTURE DR LINCOLN, CA. 95648 (916) 652-0159 FAX (916) 645-9618 WWW.ACDIKE COM t_ ` r Resolution No 10563 (2014 Series Page 12 AUSTIN ENTERPRISE Exhibit A �1 L Mense 1764893 P O Box 81926 Bakeisfield, CA, 93380 661-589-1001 FAX 589-9509 Certified DBE/MBE/WBE CT-013602 Certified UDBE CT-013602 BID PROPOSAL Project Spec No 99821 1.os Osos Vallcy Road City of San Luis Obispo Bid Date August 12 2014 BID ITEM#99/Continiously Reinforced Concrete Pavement (portion) 305 cy Green saw for longitudinal contraction joints `6950 00/day x I 'Ti 305 cy Widen, prep, furnish and install coinpiession seal $27 00/cy $8,23500 �� 1 BID I1 EM# 100/PCC (J1'CP) (portion) 151 cy Green saw for contraction,joints 1/3 1 $950 00/day x a = $r 4 00 Note Plans and specs do not specify sealing these,joints 151 cy Widen,prep ftirnish and install silicone sealant $16 57/cy Conditions for above items �1c 1 = j'r 0135 1 Contractoi to supply traffic control as needed 2 Contractot to provide layout and clear access to woik aiea 3 Contractot to piovide water source on site and approved slurry disposal site 4 One move in included foi each ricin Additional moves at$2,500 00 each 5 A copy of this quotation to be used as an attachment in foice in subcontract Note * Union Signatory y insuiance$5,000,000 00 Liability �`Z " qQ `t< No Bonding L2, California Grinding Specialties/DBA Austin Enterprise/TJ s Traffic Safety Re-'(01itinn Nri- 105-61 (2014 Series) Page 13 715 Ridge Road Exhibit A Nzpomo, CA 93444 La Firma Inc . Phone 805-748-8576 Fax 805-929--0501 E-Mail DBE 39322 estimating0theswpopfiin corn wcb www theswpppfirm corn August 11, 2014 Project 05-OH7304 Los Oso Valley Road/US 101 Interchange Improvements Projects We are pleased to provide you with a bid for the items listed below based on plans, specific tions, and (4) addenda. Bid item. 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 $25000 $17..50000 Plan C Storm Water 17 130320 Sampling and EA 33 $50000 $169S'00 00 Analysis Day _ 18 130330 Strom Water Annual EA 2 $1,000.00 $2,000.00 Report Exclusio s and aualifications 1 S 3ecial testing and permits not in contract 2 P ice includes (1) electronic copy and (7) printed copies THANK OU FOR YOUR TIME AND CP_NSIDERATIONIA VICENT BRAVO C PESC S DIP#305 J To Granite Construction Santa Barbara Page 2 of 7 2014 08 12 02 52 59(GMT) 19252692861 From Karen Wonnenberg Resolution No 10563 (2014 Series) Page 14 Exhibit A Rupert LIMMMUMUMA 3941 Park Dr Ste 20 487 El Dorado Hills CA 957624549 UDBE Certified #CT 032785 Yard 12405 Gold Flake Ct Rancho Cordova CA 95742 Quotation To Estimator Bid Date 8/12/14 Date 8/11/14 Project Los Osos Rd Bndge San Luis Obispo Job Number 05 OH7340 Quantit Description Unit$ Total S. Bid Item#166 2 110 lbs Miscellaneous Metal(Bridge) $260 $5 494 44 4 ea U 45 Manholes a>< 4 ea Soffit covers(B14 5) 2 at si�'st 2 ea Sidewalk cover plates 20 x 74 Bid Item#167 7 840 lbs Bridge Deck Drainage System $425 $33 339 60 7 ea 02 Drains 200 LF 6 Pipe (ax 200 LF 8 Pipe 3519% 5 ea 90 degree Elbow Sea 6 to 8 WYE Fitting 4 ea 8 45 degree Elbow 2 ea 8' Expansion Coupler 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 dimensionsipipe layout 'shop drawings Included 'excludes 3rd party welding Inspection fees field welding field touch up coating Total $38,834 04 X 60'3_ Q3,300 Sales tax not included Delivery Terms Net 30 days FOB Job Site Pricing Valid for 30 da s Items included In quoted price limited to Hems listed Exclusions Sales tax engineenng 3rd party inspections liquidated damages retention Rupert Construction Supply will suppty materlals as required In contract plans and specifications Rupert Construction Supply is not responsible for design engineering or Installation Uabiltty urntted to the cost of our product we will not be responsible for addilionat charges Due to the instability In the raw materials markets our quolat on is subject to change without notice Pricing should be verified before placing a purchase order It this project is subject to compensation due to escalation of raw materials pricing Rupert Construction Supply reserves the right to make dam at time of shipment Contractor to verify field dimensions Actual quantities are the responsibility of the contractor Additional Mems available for purchase See attached line card for product Informs bon Some items may not meet Buy America requirements Sincerely Stacy Monroe 925 408 3627 Mobile - 925 229 5577 Office ( Stacy@rupertsupply cam To Granite Construction Santa Barbara Page 3 of 7 2014 08 12 02 52 59(GMT) 19152by,�001 rruiii Resolution No 10563 (2014 Series) hag-e 15 Exhibit A MW IfUpAjr q6o ff t 3941 Park Dr Ste 20 487 EI Dorado HMIs CA 95762 4549 UDBE Certified #CT 032785 Yard 12405 Gold Flake Ct Rancho Cordova, CA 95742 Quotation Bid Date 8112114 To Estimator Date 8111114 Job Name Los Osos Rd Bridge San Luis Obispo Job Number 05-OH7340 �ni Total$ Quandt Description 320 sf Pattern#1999 Custom Panel ELASTOSPEC Urethane Std $3520 $11 26400$8,80000 64 00 240 00' 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 $3080 $369600 120 sf Pattern#1999 Custom Panel ELASTOSPEC Urethane Std Artwork/Setup $1,485 00 120 00' x 36 00"Panels Barrier rail block out liners Estimated production schedule 6 8 weeks from final approval Optional Products SFFR02, Form Release Agent,5 gallon barrel @$917 93 ea SFFS-11.12, Fastening Screws,25 ib bucket,4 paisl @$49 05 ea _ SFSLO1, Sealant, 12 tube case, 3 case @$46 93 ea SFDBO1, Driver Bit, 10 units $2 9T ea - Freight not included All quantities are estimated Final quantities are the responsibility of the contractor Total $25,24500 Sales tax not included Terms Net 30 days Delivery Pri In vai for 3 da s F O B Ship Point Test panels as required biownericontractor not included in pricing Items included in quoted price limited to Mems listed geretention Exclusions Sales tax engineering 3rd nparty inspections s requir li iun contract aans and specifications Rupert Construction supply will supply a Rupert Construction Supply is not responsible for design engineering or installation Liability Limited to the cost of our product we will not be responsible for additional charges • Due to the instability in the raw materials markets our quotation is subject to change without nonce • Pricing should be verified before placing a purchase order i reserves the right to make If this project is subject to compensation due to escalation of raw matenals pricing Rupert Construction supply claim at time of shipment Contractor to verify field dimensions 6 Actual quantities are the responsibility of the contractor • Additional Mems avalable for purchase see attached line card for product information Sincerely, Stacy Monroe 925 408 3627 Mobile 925 229 5577 Office stacy@rupertsupply com Y To Granite Construction Santa Barbara Page 4 of 7 2014 08 12 02 52 59(GMT) 19252692861 From Karen Wonnenberg Resolution No 10563 (2014 Series) Page 16 Exhibit A R Iff ff upert 3941 Park Dr Ste 20-487 EI Dorado Hills CA 95762 4549 DBE Certified #CT-032785 Yard 12405 Gold Flake Ct Rancho Cordova CA 95742 Quotation To Estimator Bid Date 8112/14 Date 8111114 Description Los Osos Rd Bridge San Luis Obispo / Job Number 05 OH7340 Quantity ascription Unit$ Total S Bid Item#124,Joint Seal Assembly,MR 2 112 81 ft WaboStripSeal SSS Type R $11275 $9 132 75 l2t 117 9 41t. 1 '> 1 ea Estimated Freight $1 20000 $1'200 00 Prices incude shop drawings joints furnished in 20 ft sections field spliced/ontractor shop fabricated upturns neoprene strip seals furnished in continuous nglhs field Installed by contractor hot dipped galvanized coatings j Prices exclude cover plates of any kind (�(� removal installation or field measur ments J concrete rebar or grout 'any item not specifically identift as being included above Total $10 332 75 Sales tax not Included Delivery Terms Net 30 days F O B Ship Point Pricing Valid for 6 months from Bid Date Items included/,ae d pr limited to Items listed Exclusions Sa Ineering 3rd party Inspections liquidated damages retention Rupert Constrply will supply materials as required In contract plans and specifications Rupert Constrpply Is not responsible for design engineering or Installation, Liability Lim►tcost of our product we will not be responsible for additional charges Due to the instthe raw materials markets our quotation is subject to change without notice Pncmgshoulded before placir►g a purchase order If this project to compensation due to escalation of raw materials pricing Rupert Construction Supply reserves the right to make claim at tl or shipment Contrac to verify field dimensions Actual entities are the responsibility of the contractor Additl net items available for purchase See attached line card for product Information Sincerely,Stacy Monroe 925 408 3627 Mobile 1{ 925 229 5577 Office stacy@rupertsupply com To Granite Construction Santa Barbara Page 5 of 7 2014 08 12 02 52 59(GMT) 19252692861 From Karen Wonnenberg Resolution No 10563 (2014 Series) Page 17 Exhibit A moft KUPAMN 11wiff t Rol Of 66 3941 Park Dr Ste 20487 EI Dorado Hills CA 95762 4549 UDBE Certified #CT 032785 Yard 12405 Gold Flake Ct Rancho Cordova CA 95742 Quotation To Estimator Bid Date 8/12/14 Date 8/11/14 Job Name Los Osos Rd Bridge San Luis Obispo Job Number 05 OH7304 Quantlt Descn tion Unit$ Total$ 11 ea ABUTMENTS $50485 $5 553 36 4"x 14 x 12"laminated elastomenc bearing pad w/8 ea 14ga shims + "Quantity includes 1 test pad ' 10 ea ABUTMENTS $1639 $16391 14 ga x 16"x 14' galvanized sheet metalI md 3 ea ABUTMENTS $3675 $11025 5 3 oz tube silicone grease s Quantity includes 1 test pad 2 ea JOINT SEAL $1 804 09 $3 608 18 0 125 x 12"x 42' 6 plain elastomeric bearing pad t 'rAv. a�t9�y �3,Sk6 Material is AASHTO neoprene 55 durometer Shims are A1011 Standard manufacturers testing and material certification per Caltrans 5 specifications w111 be supplied Z( I Total $9,43569 [--Sales tax not included Delivery Terms Net 30 days F O B Job Site PricingValid for 15 da s Approximate time required for production,dating from the receipt of approved shop drawings 6-8 Weeks Items included in quoted price limited to Mems 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 cost of our product we wal 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 verdled before placing a purchase order If this project is subject to compensabon due to escalation of raw materials pricing Rupert Construction Supply reserves the right to make cla m 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 Sincerely,Stacy Monroe 925 408 3627 Mobile 925 229 5577 Office stacy@rupertsupply corn Resolution No 10563 (2014 Series) Page 18 Exhibit B Exhibit B Protest Filed by Madonna/Souza Joint Venture on Aug 19, 2014 GEPUtLD1(;10 T�AVFAes) 1220 Marsh St P *CORPORATION San Luis Ob1spkt1k19A01 Telephone (805) 781-0788 GERALD C WEAVER Fax (805)781-0828 August 19, 2014 Via FAX(805) 781-7198 City of San Luis Obispo Attn Jason Bennecke Project Manager 919 Palm Street San Luis Obispo, CA 93401 RECEIVED RE Bid Protest AUG 19 2014 - Granite Construction, Inc - Contract No 05-OH7304 - Federal And Project No Q101(258)-1 CITY OF SAN LUIS 061SP0 PUBLIC WORKS DEPARTMENT Dear Mr Bennecke 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= $421,200 in dollar amount)and uses thus bid to meet the DBE goal set for the project On the page following Exhibit 15-G, it submits a quote from Dragon dated 8/11/14 addressed to Calportland Construction Yet there is no evidence given of any contractual relation, or contact between Calportland and Granite,or between Dragon and Granite, with respect to this project Rdb"Mq O I §8 �$ 1� 'es) Pag;st Exhibit B Thus 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 refected 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 der Enclosures Cc John Madonna Steve Souza Resolution No 10563 (2014 Series) Page 21 Exhibit B City of San Lins Obispo - EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMNHT NT (CONSTRUCTION 1t ION CONTRACTS) NOTE PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SXDE 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 5MI30 BID DATE. AUGUST 12 2014 BIDDER'S NAME. GRANITE CONSTRUCTION COMPANY E CONTRACT DBE COAL 3% f CONTRACT ITEM OF WORT:AND DESCRIPTION DBC CERT NO NAME OF EACH DBE DOLLAR AMOUNT ITEM NO OR SERVICES TO BE AND EXPIRATION (Must be certified on the date bids DBE U13CONTRACTF-D OR MATERIALS DATE are opened-mcludi-DBE address 0 BE PROVIDED(orcontracted if the and phone number) idder is a DBC) 9394 WY&HAUL ASP B=Za'3QrERESNOCA937'29S5Q'35 8822 : 13 URNISH TEMP ALT CRASH CUSHION($4568)@)60/) 000447 11/2014 W SAFETY 559R32:M3 27708 i 9798 PLACE AC DIKE 000219 7/2019 AC DIKE CO 9161652 0159 4 237 r - 99 100 SAW&SEAL JOINTS 013602 312016 NUSTIN ENTERPRISE 661/5891001 11 085 , 16 PREPARE SWPPP 39322 612016 LA FIRMA INC 8051746-8576 1 350 715 RIDGE PtS NIPOMt3 9W4 y IOEN0327651/2015 UPERT CONSTRUCTION SUPPLY 92 W408 3627 23 300 DGE DECK DRAINAGE SYSTEM(533 834 60%) 3941 PARK DR STE 20-487 EL DOW 10 HILL 95762 For Vocal Agency to Complete Total Claimed DBE $535 560 1 Local Agency Contract Numbu Participation -Z Federal-aid Project Number 32 % t Federal Share Contract Award Date t � Local Abend certifies that all DBE certifications havo been verified and Signature ofBidder MCGOWAN,VP NTRAL CALIFORNIA REGION Information is complete and accurate AUGUST 12 2014 805 964--9951 L D1tc (Area Codc)Tel No Pnnt Name Signature Date DIANNE CARLISLE , Local Agency Rcprescntamo Person to Coamt _ (Pias-Type or Prim)t a Ij (Area Code)Telephone Number Local Aeat'cy Bi4der DBE Cor%7dtrwn(tars=tion CParacts) t (Rei 6i26/FY,rj Distribution (1)Copy-Fax or seiin a copy to(he Caltrans District Local Assistance Enginczr(DLAE)within 30 days of=t.rzt eaecu(tcsn carltue to send a copy to the DLAE tvidun 30 days of contract execution may result in dewbhgatto-1 as funds`or tats prglecw (2)Copy-Include in award package to Caltrans District Local Assistance (3)Original-Local agency files Page 137 L Resolution No 10563 (2014 Series) Page 22 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 dragonmatenal@yahoo com DBE/WBEIUDBE Firm No 37444 SBE 52655 ---QUOTE Calportland Construction Ann.Danny Deveraux Date.08/11/14 Project City of San Luis Obispo,Los Osos Valley Road and Hwy 101 Interchange Improvement Project C/ Material 500 Ton-PG 64-16 Material 700 Ton-PG 64-10 Delivered Price $58506-Per-US Ton+Any applicable taxes -- ORIGIN Greka DESTINATION Paso Robles •••••-•----------------•r-------------------------•--•-r.-...........-•ww•wr-.••r-.....r...........•rr•••-•-••- *Indexed 5%Crude by Caltrans *Project mil be ongoing until 12/2016 *Standby after 1 hour from scheduled delivery time at$100 00 per hour *Pricing based on full load$-26 00 ton *Fuel surcharge-rate increase-add$1 00 for every$ 10 increase if Callromia Oa-Highway reaches$4 25 per gallon www emizov $4 084 on bid day 1,aOc� Tars L�yu�d asp�at+ x �5ss�.�� � �7oa,000 �7oa,000 X 60'/, value = �ilal,�tc7� ��J Resolution No 10563 (2014 Series) Page 23 Exhibit C Exhibit C Granite's Response to the Protest - August 20, 2014 tQk"V�STM 4 Series) Page 24 Exhibit C August 20, 2014 VIA FACSIMILE(805) 781-7198 AAD OVERNIGHT DELIVERY 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 m 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 B ennecke Grarute 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 refected Granite Exceeded the DBE Goal and Timely Supphed 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 Resluti n No 10563 (2014 Series) Pag�e�'St�ie Contract specifications, the apparent low bidder, the 2nd low bidder and the K,b,t C 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 in on the fourth (4th)business day after bid opening (See Standard Specifications Section 2-1 12B,Disadvantaged Business Enterprise Goal, and 2-13330 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 "Mayor 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 Resolution 1( ee Bu56ne(Ss�Pl1 or�BE Outreach on Federally-Funded Projects, at page 5 lbit C Page 6 lJ� "The Bidder is advised to maximize DBE/UDBE participation on a contract 4 Consider multi-tier DBE/UDBE participation 5 Ask the mayor 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-tune 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 her 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 Resolutign No 18563 2014 Shrles Pa g . yang an aul�ng asp at it to Calportland's Paso Robles HMA Plant Calpo d g will then use the materials supplied and hauled b Dragon to produce HMA which �ibit C PP Y g Calportland will supply and deliver(either FOB Calportland's Paso Robles plant or the fob 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 stunulate 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 (1956) 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 refect Madonna/Souza JV's protest as without ment 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 Respectfu i ed, H ther ardt Gro ounsel cc Madonna/Souza JV (via email) Page 4 of 4 Resolution No 10563 (2014 Series) Page 28 Exhibit C ATTACH ME N A Resolution No 10563 (2014 Series) Page 29 Exhibit C 1825 East Donovan Road Santa Maria Ca 93454 C? (805)345-3418 Office (805)X43- W Fax `�����•g•�� � (845)SW-96t4 Kens Cell r � B Email pineoCaicalporifand cow A Ca1Pardand CaMsiany Fax To. Irin From KEN PINEO!AGGREGATE SALES Fam Pages Phvrse- oats 26 t Mac c� 0 Urgent 0 For Review 0 Please Comment Q Please ttsoy G Pkmse Recycle .comrnerfs If pnces,terms and condMons am acceptad, please sign quote and return for proper billing I Resolution No 10563 (2014 Series) Page ����®������ Exhibit C MA'T'ERIAL QUOTE August 12,2014 CALPORTLAND CONSTRUCTION (hereafter, 'Seller')submtts to the purchaser identified below C"Pumhaseethus quote for material as descnbed below("Material") This material quote("Quote")upon transmission 10 Punhaser,replaces and terminates any prior quote or offer, whether verbal or written, that Purchaser may have received from Seiler referencing the Project PURCHASER PROJECT GRANITE CONSTRUCTION US 101/LOS OSOS VALLEY ROAD INTERCHANGE ATTN ADAM SOUZA PROJECT 0 99821 CITY OF SAN LUIS OBISPO MATERIAL FOR UOM QTY TRUCK ADD IiAUL PLANT PRICFS (if applicablc) TYPE RATES � 1/2' RHMA TYl'f C U& &051 TtaiisCers (No Tax) PG 64-16 OIL rer ton Tons Bottoms Urne Treated +Tax Posh RoblerHAIA Piano TYPE A 314"RAP HMA us 13,308 Transihrc PO 64 10011. rer ton Tons Bottomswort-Slrrtp +rax Paso Robles RMA Ptam LASS 3 PRRMEABLF API WI=BACKFILL U& 1.200 Transfers (Rocky Canyon Plant) Parton Tons Bottoms +Tar BERM MIX us 10 10 Wheeler PG 70-10 OR per ton Tons Paso Robles NMA Plant 1 Twv CLASS 11 BASE 3/4 us 39,310 Transfers (19mm) Per ton Tons (Rocky Carryon Plant) +tax awtoms IMPORT BORROW(DLO) us 73000 TrsnsWs l (Rocky Canyon Pkno) per ton Tons Bottoms ,n (Hours 7 00 AM to S 90 PH! M F +Tax Contractor to supply a crew to clean out trucks after each load or as needed(Rubber Asphalt) Clean amhelt grindings:will be accepted at our recycle plant on East Main Street during dtilnle hours Monday through i'ndaf .� . . .r.... .. .....$. rravuuw wi aw v i1 w V.4 nrau r.111 apply Uft Ooui i Vl$Ono QaUvarto orders HMA ma designs are deemed to meet job specifications if approved by the Iml City Ltatcrial Engincer or R E The aboaa Prke Indudea alarm ZdgP oM1u'tire contractor(buyer)is responsible for all Jobsite testing coring,date cores, aa�paot m and also own Q C.plan Ttie buyer(contractor)agrees to pay 310 00 per ten for all expired lime treated aggregates due to job site dolor by the eori nctor Deliverer schedule must be mut*ly agreed upon by the eon aaor and Calpordand All dalnvcred Asphplt Is priced at current Calif m s Statewide Crude Oil Poco Index and 100%comperisetlon is due directly to Calportland for any increase.Notes All Aggregate unit fnoes as fixed through(12 1-15)and then sub)eci to 4ustrnent on the fonowirig schedule Ragaote. Ercess unloading charges (Per load)All Asphalt dclivencs Bottom Hoppers(10)minutes Transfers(30)minute allowable unloading time on jobsite then excess unloading chargtx at 3158 per minute All aggregate deliveries,both bottoms&transfers(10)minatm allonaablc uninading,then occeas unloading chaPgts id S1 58 per minute Seller hereby submits and by its signapire Purchaser hereby accepts,thi.Quvtc,in both cases subject to all of the Terms and Conditions set forth on the third page of this Quota &Kf this box is checked the acrcptancc Period(as defined on the following page)ends 29 August-2014 CAI PORI1.AND e PURCHASER By By its Its Date (TERMS At CONDITIONS ON NLXI PAGLI Pagc 1 of 2 Uul�t Resolution No 10563 (2014 Series) Page 31 Exhibit C IER7N5&COkDtTtON4 I ACCEPTANCE Unless otbuvnse stated on the fust page of his Quote,this prior and cantattpararreous ce Wfutwns practices between the parties,quotes Quntc shall constitute a firm offer for thirty(30)days from is date fest written cabrs nogntiatlout represenimhons promnatrs and war iEn with respext to said above("ACCCIMmxa Period") The tenns and condition of ihtt Quote may be sub)wA matters ate waind nncrl ed hwalo std utpaseded bareby Thea ha a fully accepted by the Parchescr("Aecaplance")on4 by one vllbe tuliownaig aitcniativrx intotralvd ap reanem No terms and conditions other clan doosa slated herein and ae, perfor merl wrtlun the At:ccoaace Period (r)Pusdr ser s dxa#uhea cad dcllvery io agmmcnt or understanding in any way purporting to rnodfly or supplamcnt these Seller of this Quatc or(n)Ppirthsser s placing abhor a wmian or timl order for all terms and conditions shall be biudme on Salter sauna made In Wripog and engined by or aponm orthe Material quoted under ibis Qootr,or(Iloselter-a cotnmencament Scpa Seiler hereby objects to and tr,(ecis arty,and all addulanal or different tams of performtutce, Should Acceptsfitx ocaw Ibroepgh etausca((i)a(u)above the t by Purchaser whclbea vagal conteb ied In PumbsWit phac'hm order res terms and oor+dlteoas of ttus.Quota govern regardless of wbctlpr or not purchaser, slummy salad farm!; thehas ofQuftthe Sbould 410wof the evsartis of claysts(I►)or(in oexar after 8 PRICE E'SCALA`"ON The ldroes sagod opt the first page of this Quote arc Aeoeptartoe Period,Seller Inas Ilse ditcre((on to perform or not subject to a ntineig (a)It acid as simad on said runt pilar(b)of no gsorurty to Ptrtwm atad D Seller elecu to petform thea all df the terms anti eoadileons of ummals are stated on itis first page tbau its and when determined by Seller upon dns Quote shad govern,ether than pnoo Much fling 6 sdjuslad to rtdlleet any ser Fuel and Miller!notion to Purchaser and(a)em aecoaat Of irttaYesCa F�arienta Increases to Seller s lion pubil3lied pricing Rin dna Mneruhia This Quotemm�only costs as detten'kd 5t This paragraph Purchaser at lawwietips 4[W nalwrW Intl diffbMill i e awdlkd Ill wrung and siped by bolls pitnncs, Any a,ut all trdribmnad or regional supply AWNS"rot the raw Material nceeisaary rot lbc pradproductionaAd terns pmposld by Pitrr.ht�r whetfter eoulalexd in Purchaser s purchase deli of lite Material way incur and this the order -luprPhmB r{kart f a '� Y prices for oil liqold propane nrin prior 11mcdcd between Ila panics or mt any gasoline dtesal statural r',as and eleetrichty(collectively'rucr)as wall as hqutd moddrtallon to ibis Quota by Pnrcluari Shall trot be bgtding on slur ablegate seller asphalt Portland contain turd lima(collectively "Llimems')inlay Increase during unless prior to Aeosgttance this Quote is returned wdh Puredtiser a full cuutucr the lcnh of this Quatat In the event That Seller incurs cams increases in runt w proposal and is thea signed and dated by Seller a authorized reprcacntahve The Elematb such that if the purchase price of tarq Matorlal to be ser issuance or the execution of this Quote Ill not intended nor shall tIc Construed.as eller f under fuel creating On eexdusive or ueretoeriu ser I a �°L°n mtcrs�fa r=ftp��e tint tncream Incurred by Seger for the Fuel P9 Y Breement between Purchaser and and Elements of liras Material and would result in ria tricime in The pnco of said Satter In the event no stated quaodly amoanu are Inpluded on lire frit page of Ibis Alate rdal of grunter than ()10%for al;srctall:type Material,(U)6%for asphaltic Quote Sella reserves the Obsdute drsueison to determine how to allocate Materia! COMM*typo Materiel or(In)4%for PomMaterial.rBaad cement typo Matal,than Purchase among its customers including PurchaserCOMM* Sella shall acgaltato to mutually ayea upon a revised Pike for shd Material yet 2 DEI d VERY!Delivery slspll be F O 8—(a)ProJoct Location.(b) Seller a to be delivacd under thus Qaote. If the P01110 emaor agree sport a revised price flit Plant(s) or(c)of another location screed to between Ilia-p rias Mauxlel shall be such Material butt dituer Pony mill upon two(2)days written nolux,taratnate delivered or uvide avaltable in w=d=m with a schedule mutmpyagreed upon by this Quota as to any Material nus delivered It, Purclusm as or the data of Use Pniriobasw and Seiler Where delivery off of Seders racithy is Siler$ taMmillion raWasisdnWy Seller or in eoontret tmnler wall anter upon the tleUvory location only 9 WARRAM"WRP.MEDIBS SELLER WARRANTS THAT THE as a coavemipace to Purc hamar and Purchaser speedecally warves and agrees to MATERIAL WILI,AT THE POINT AND TIAM OF DSLIMY CONFORM dafend,Indemnify and hold Seller haMtka from wind opinsl any eIIlu or liability TO THE SPEC1l:iCA77ONS SET FORTS ON THE FACE HEREOF NO OTHER Or because of tlaa►apa cured dmreby(n6ladul&but not lunged WARRANTIES OF ANY KIND ARE MADE BY SELLER AND SELLER nes,damage to concrete sarfacas,plpelmes or undargonsd structures or wthttes. EXPRESSLY DISCLAIMS ALL OTHER'WARRANTIES TO THE FULL= Paagrees to provide clear substantial and siruabla ttoceas to the point of deliveryivtty 8X'fEtT PERMITTED BY L1W WHETHER EXPRpSS OR Rr UED INCLUDING, BUT NOT LIMITED TO WARRANTIES OF 3 PAVMBNr TERMS Purchaser shall pay Seiler at ibe prices given in the MGRCHANTABILffY OR FiTNPSS FOR ANY PARTICULAR Pt1RPOSF table above. Seller chill invoice Pundhacer on a daily basis Ibr Material ddivered Piaci aea's cxctuslvm remedies far breads of thb4optess sragasyi wah reapaa to Payment shall bo dqo no ilium than thirty(30)41ey3 from the daft of the mvoeFe to UY aaaoomforming Material stall be Ilmuted solely at the option of Seller to(r) the tilt anoontu of the Invoice without retardlon of any amtotmts by Purchaser replocanlow eprdie tiondort%rmima MaTertal to ilio r0 Q.delivery point or(U)the Purdhaser a ikiflne to pay all amounts owing when duo SW be downed a material Coll to ntplorca Uta nonednrdraung Mammal to the 1 b 0 delivery pohrt. Seller bread of this Quote and Seller may at iia Wtotr(s)lwmutsue This Quote,(u) shall be g ivese4I rearm abie oppaltunnty to enursligata and cure ratty neneoufarmanee, require payments to be nude to advance of futum dellvedw or(di)place futere Sellor's brovA of warranty oblliiatioo shag not extend beyond no last to coeur of deliveries on a C.O D bask. Seller a election or waiver orally of such remedies as Gets(1)yew fallowing substantial com+phdlon of The Pf0jed for whtd+the Quote to one such btesch shall am waive its rights as to subsequert payment bmachw AMIIes a exec(t)year frau the last ddrvcry ofMaterlal under this Quote Sellers Amounts past due shall brat an Interest charge computed irohn the doe date at the lunbihty for any other breach of ibis Quoto shall be limited to the difrwance between kudr aflhc masiawm Intetesl ale allowed by law or at die rate of 1 s%per month, the delivered price or The Material Covered hereby and that market price of:coli Purchaser agrees to pay oil cogs and expenses Of colleging peat Clue uccouets, Material at ft 1.O.B point specified above. In eo event shall Selby bre liable for maludutg actual attorneys flex incurred whether or trot a soil or tam is filed on ions of profit delay or arty saotdeatal or txraoquwial locules in no cow ahall appeal orothawaae. Seiler a liability hereunder exceed the latm of the amounts lcivally paid by d UNLOADING TIME.In the event Sder b tttgwslble for delivery ofrof its user to Sena under this Quotr Willies 10 Wnutes of aiiawabte unioadixg time will be allowed per toad dahvemd I0. FORCE MAJEURE Sclkr shall not be Inble for fauns to perform or in transfers lamintttes peacoat deblveted U bottom hoppers feraggtegate prodocta, day in delivery by reason or any condrigeney or orxuremce rrusorubly beyond Shoulder Backing&Asphalt,Trawflas 30 minuets„Bottoms& 10-whealars 10 Seiler a eotirol which shall be defined to melude but cot be limited to anal or minutes and S minutes orunlaading time vrlll be al lvW yw cubic yard of&livered threalened UnIms,labor disputes boycotra,worst stoppisaw or vvetlt slowdowns or reedy mix sauurhal If actual unluodmg time cxcon s the allowable unloadhie time, firc4 tloed badamat weather embsrps; wer Wvontmsnul imthanty of Ike excess inlaeding tease will be alWgcd pt the rate orSI 67 per minute for ready tmppilations fncludhat alloestlons pteferenrxs and priorities established by or for mix marcnals slid o SI A7 for oggrapf»tt and paving materials. !sasses,uidosdioa the Qov erninemt or shortage or Ewhiie of raw Inateaal or trmasportmlon which makes ohne will be computed on a par load basis performance by Sella under any Quote more o wly If such delay continues Cor a S. READY MIX CONCRETE ADDITIVES Of appikable)r Seller al ll not period of more than sixty(60)days Parchasa shall have the right upcm seven days be responsible fr2 the effect on stump strength or quality of any sonata to whish written notice to Selkr tat!emanate tires Qcotm water or any other materials ante added at the direcdoa of Purchaser or Purchasers I i PROPOS111 iON 1115 NOTICE THIS PRODUCT CONTAINS tePttwtattve or agent. Seller does net guwantes pomp ability or mixes beteuse CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE Sella hes rte control over The Iypat of cquiprrsont used or prevailing eamdillam CANCER BiRTH DEFECTS OR OWER REPRODUCTIVE HNIM When enter additives ar nay other additives or add sgonts etre added to ready-mix 12. MISCELLANEOUS Time is of Tho ehaerica in this Quote. This Quote Is concrete C Additivos"I they shall be at the request and io stniclhons of Purchaw governed by Califamis law vatlloul regard to as tnla=l coufltnt of laws regime and at Purcheaers resit Selden docsnet wwmd or goaracaee AddWva or Use reedy. in the avant of auy.disperto„dsa;mpl aril or clean nmd art of or governed by this mix cmume produea to wbieb they art added Quote the PtMws area that tete starts of the State of agliontm pining m the r 6 INSPWrION1S OR ALTERATiONS it shall be Purchases Counly of Sams Barbara havo caidd o pufsguebon to ruWm such deapolei. resp sniihility to make or cause to be mads and pay for Such Inspections and tests mal or claim and Perchucruilmlis dwirto such exclusive lunsdiedon as rgay be required or dcsutd ct Sellers facility or the F O B location to assure clip Material meets any rognuemenb of Perchesar other than that speeirmd in ibis Quote 7 INTEGRATED AGREEMENT/ EXCLUSIVE TERAISI MODIFICATION The Quote ala forth the entire agreeosau between Seller and Parehoaser with ngxct to its subject thatten provided however that in the event Parahaser and Seller ate panics to a Purchase Agreement on Seller a form of Purchase Agrcesnatt,then this Quote Is Intended to be fideg ted with and pan of the Purchase Agreement. In The event or arty conWat between an item on the Inst POP of this Quote and tete Purchasy Agreement.the provision on the first page of Ibis Quote shall govern In the event of any conflict behvm an dein in these Terms &Conditions And the terms sad coodiklow to the Purchase Agmainant,the Purchase Agrtcrlmll shall control CxccpI woh regard to may such Purchase Agteanom all Page 2 or 2 Imetal Resolution No 10563 (2014 Series) Souza,gA am Exhibit C From Souza,Adam Sent Thursday,August 07, 2014 719 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 3312662 ( Fax 805 348 9155 adam souza@ecinc com www eraniteconstruction com -----Original Message---- From Ken Pineo[mailto kpineo@calportland 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@pcinc com<mailto Adam Souza jzcinc 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 RHMA-G W 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 Rtnolution No 10563 (2014 Series) Let m Knney Af you need me to send over any spec sections Exhibit C Note on pg 32 of the specs they deleted section 9-107 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 3312662 1 Fax 805 348 9155 adam souza@gcinc com<adam souza@ecinc com%20> www eraniteconstruction com<http//www eraniteconstruction com/> <image001 jpg> This email has been scanned for email related threats and delivered safely by Mimecast For more information please visit http//www mimecast com 2 Resolution No 10563 (2014 Series) Page 34 Exhibit D Exhibit 0 Madonna/Souza JV Response to Granite's Response — Aug 26, 2014 GE lDc"&diA'V aRseries) 1220 Marsh St A LAW003RPORATION San Luis Obispo, TAMUOD Telephone (805) 781-0788 GERALD C WEAVER Fax (805) 781.0828 August 26, 2014 Via Email and US Mail Public Works Department Attn Jason Bennecke 919 Palm Street San Luis Obispo, CA 93401 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 2-133, requiring evidence from each DBE quote and it's commitment to the protect no later than 4pm on the fourth(4t')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 2-133 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 08/12/149 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"9 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 Pmeo ttter 0 C f ivi �° �SSS(ZOR%eries) pPaigc�36 Exhibit D 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 tunes 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 comnutments,and were told by Mr Pmeo 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 An-port quote, directly below the pricing is the following language "Note- Add $150 per ton to P-401 HMA price above for$32,000 00 DBE credit value (Fax #2) (a, 11 15 AM " Tlus language does not exist on the whited out quote to Gratute,and likely never existed Sincerely Gerald C eaver Attorney for Madonna-Souza Joint Venture GCW der Resolution No 10563 (2014 Series) Pa3 tl� !4 Page 7 ��=%v�� Exhibit D MATERIAL QUOTE August 12,2014 CALPORTLAND CONSTRUCTION (hereafter, "Sellbr")submits to the purchaser identified below C"Purcbme j this quote for material as described below("M2lterlaP\) This material quote rquote")upon transtnismit to Pim 7iasef,replaces and terminates any prior quote or offer, whether verbal or written, that Purchaser tray have recattied from Seller referwicing the ProjecL PURCHASER PROJECT GRANITE CONSTRUCTIONUS 141/LOS OSOS VALLEY ROAD INTERCHANGE ATTN ADAM SOUZA PROJECT#99821 CITY OF SAN LUIS OBISPO MAtERIAL FOR UOM QTY TRUCK ADD HAUL PLANT PRKFS (if applicable) TYPE RATES AA Tj 'fW0 Tax) l2`RHMA TYPE-Ci I.I.S. W) Transfers PG 64-16 OIL ter ton Tons Botloos Lime neared +Tax qs*Rob1etHN.4 Plwsd TYPE AW4"RAP HMA U& 13,308 Tfwwfcrc i PO 64-10 OIL rer ton Torts Bottoms Aitd.SYdp +ft sp Rables RMA Pians CLASS 3 PkRUF-ABLE&PERVIOUS BACKFILL US. 1.7A0 Traaskis (RodW Cdayah Plaut) Per ton Tons Both +Tic BERM MIX us to Io N%139 w PG 70-10 OTI per tan Tons a Robles am Pima s T"" CLASS U BASE 3140 U.S. 39,310 Transfers (19111m) Pcr ton Tons (Roalry Coy"PkW +Tex 8ottoats r IMPORT BORROW(QQ) US. 73000 Tinfisti t (Rocky Cot an Plano per ton Tons Bottoms m a&aMAffid",103-JWPAfi U-F +Tax Cont supply a wow to dd-a o 016S eroded. Clean t Arindfrinc w1E1 opted at our recycle I an FS89 MAIA /S�trec adng dr(irtae hflttr:y17(oonn�d/-a/ tthrou ddeg V'P ®�� )_'_\-r� -- V" YW WDM\r t zV314p$w IWU"I"apply t0i Cour 1 red Cram HMA ma designs are deem cons 0approvod A.E no abors nice 1xdadMgWtjgft only The contraetnr(biow)h rsaponsibfc ft all jobsftc testing cane&dale and also own Q C plan The bger(contractor)agrcu to pay 810 00 per too for a4 Wired hme Imucd agV"a w duoto job3IWdetays by thec6a trctdr fJdh-ay schedule must be mutoly agreed upon by the oQrtttactar erect QdpoNAraL All delivered Asphfdt Is pdood.t t entrant CaMbra a Swm&Chide Oil PnealudexaW 100%cottipetuatroa is dub directly to Cdpb 1Iw4 for*ny masse.t�l4t=All Aggregato unit pno�►brel�tIxet!thmugh(12 9"ooft Excess tetloj4na chtuga (Pu load)All Asphalt dtttvaus,Bottom Hoppers(10)mtetiles.Transfers(30)nabtutee allowable unloading time on jobske then excess unloading charges at$1.56 per minige.All aggregate delivedu,both bptwma&transfers(10)minutes allowable unloadinft,then access unloading chatts et S 138 per morale. Seller hereby submits,and by its signature Purcharerhemby areepts,tits Quota in both cases ruled to all 01 04 Tem and Corim ions set forth an ft third pagcoflins Quota Rfaw box a chrAed,the s=ptnnee Period(as defined on the following pop)ends 29 August-2014 CAI PORI LAND FURC LASER 0 11 BY. - Itslis• Data. (TERMb&CONDITIONS ON NEXT PAG161 Page 101`2 /— " W-Gt-�li\V�Cy 'CTU�\ �A��®RTIC ution No3 O l Series) tM ' Exhibit D I A'I RAI, QUOTE --—- - August 219 2014 CA PORTLAND CONSTRUCTION (hereafter, "Seller") sublets to the puafchaser identified below (•purchaser" quote for material as described below C'Matenal") This material quote " ) th]S and tert�uiates an nor Q Cam )upon ti<arisl$iissimn to Purchaser,replaces p quote or offer, whether verbal or written, that Purchaser may have received from Seller referencing the Protect PURCHASER. PROJE SOU2A CONSTRUCTION,INC ATTN. STEVE SOUZA CITYOF PASO ROBLBS AIRPORT TRAYS A&F RECONSTRU PASO ROELES,CA MA M7'�'• ECI> 9A OM IRACF, 1i107'�er de soler tax; TERIAL FOB UOM QTx TRUCIt PLANT Wapplicable) TYPE ADD HAUL PRICES RATES ADD T (No Tax) F P209 P-209 Crushed Aggregate Base $1550 U S 3,400 Course per ton tons Bottoms $7 70 per Ion (Rocky Canyon Aggregate Plant) +Tax Transfers $8 70 per ton P401 P-4 H 81TUMWOUS SURFACE $7700 U S COURSE 1,500 Bottoms $5 80 per ton Paso Robles MWA Plant +eT xn Tons Transfers $7 35 per ton lYote.Add11I SO ner Mn to P-401 HSA price above fop$32.000 00 DRE credit value-tFax A1 2 aas )(c�ll 1S ANI sa 0oa o,o for P-401"A Aft IlMwe—riwis Calbonland:s not r onsibte f&F mots content In 209 Base ailed co c�la,y test divas ran matepcaLs F�nvirrniereeotal fee of 87 00 per load will apply for both fob and delivered orders HMA mix designs are deemed to meet jolt specifications if approved by the project P-s e eoeetr u resnonsl6[e f all tesYlrr r rinP dna cores mnacdo rend own O G mime. r'Ours of operations 7 00 am to 3 30 pm Monday through Friday Delivery schedule must be mutually agreed upon by the contractor(buyer)and Caiportland l t i tCM Call orrrla dYatewtde Crude Orf Price Index and fog%M soep tc¢ae dzreclly to�ln�ortlarrd for aeev increQsa Unit prices are a�'Fnced through(10-31-14)and then subject to adjustment on the following schedule Re-quote Exeess unloading charges All dellvenes Bottom Hoppers(10)minutes,rransfers(30)minutes allowable unloading time on jobsite then excess unloading charges at$167 per minute For all material deliveries arrive time well snit at entrance to airport �Seiler hereby submits and by ars signature Purchaser hereby accepts,the Quote in both cases subject to all of the Terms and Conditions set forth on the thr page of this Quote, tlus box is checked, tante period(as defined on the following page)ends 5 September 2014 CALFORTLA o PURCHASER BY sy its its Date (MRM&CONDMONS ON NEXT PAGE) Page 1 of 2 inmal Resolution No 10563 (2014 Series) Page 39 Exhibit E Exhibit E Decision Letter from Director of Public Works — Sept 2, 2014 41 n u°61i� Ork2014 Series) 919 Palm Street San Luis Obispo CA 93401 3218 805 781 7200 u� slocity org September 2, 2014 Via Facsimile and U S Mail Gerald C Weaver Fax 805-781-0828 1220 Marsh Street San Luis Obispo, CA 93401 Subject US 101 / LOVR Project, Specification No 99821 (the "Project") Dear Mr Weaver, 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 8/11/14 addressed to CalPortland 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 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 Resolution No 10563 (2014 Series) Mr alb lC Weaver Exhibit E 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 12B 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 Resolution No 10563 (2014 Series) Page 42 Exhibit F Exhibit Madonna/Souza JV Appeal — Sept 4, 2014 lution No 10563 (2014 Series) ,fit 431Z11ty Administration Exhibit F _ 1! t 990 Palm Street San Luis Obispo CA 93401 324c1 e 805 781 7114 slut Iti 01q September 4, 2014 Via Facsimile and U S Mail Fax 805-781-0828 Gerald C Weaver J Tavener Holland Gerald C Weaver, a Law Corporation Law Offices of J Tavener Holland 1220 Marsh Street 1220 Marsh St San Luis Obispo, CA 93401 San Luis Obispo, CA -93401 Subject US 101 /LOVR Protect, 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-ni-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 lin San Luis Obispo Municipal Code Section 120 030, 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 amc.1ia r,slocity org, St d' cly, 'i'io o ithony J Mei 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 Resolution No 10563 (2014 Series) Page 44 Exhibit F FRECIE1VlFD 2014 Ca K 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 120 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 1 Sep 03 14 01 24p J Tavenei Holland 805/81UM Resolution No 10563 (2014 Series) Page 45 Exhibit F Lbc City and by Federal I.aw for a project aided by federal fundS,and this project propnses to use federal funds In it's construction Oranitc's bid documents and all documents Mcd by Crrawte Lai support of weems the Disadvantaged Business Enterprise("DRE")Coxnmitrnent are absent any evidence Granite had TARE Corn nitments to the project at the time of bid or within the ttm,e that the bid documents required documentation sufficient to meet the DBE requirements on this project. or to show a good fait effort to meet those regwrements As such the bid%vas nonrespon-give and required to he selected. Whei efoare,appellant requests a'hearitng be set before the City Council on the issue set forth in this appeal as required by law Dated _,01 '2014 Gerald C Weaver,A Law CorpoTatton Law Officeg of J Taw=IIolland By" Gerald C Weaver Attorney for Appellant Madonna-Souza Joint Vcnture Appeal of Dmual of Protest to Avg-Brd of Public Works Project to Granite Consiruction,Inc 2 Resolution No 10563 (2014 Series)*** TX REPORT .x * Page 46 ' Exhibit F TRANSMISSION OR TX/RX NO 3767 CONNECTION TEL 97810828 CONNECTION ID ST TIME 09/04 13 47 USAGE T 01 17 PCS SENT 3 RESULT OR �o City Administration ti 990 Palm Street San Luis Obispo CA 93401 3249 Yr o 005 761 7114 September 4,2014 Via Facsimile and U S Mail Fax 805-781-0828 Gerald C Weaver J Tavener Holland Gerald C Weaver,a Law Corporation Law Offices of J Tavener Holland 1220 Marsh Street 1220 Marsh St San Luis Obispo,CA 93401 San Luis Obispo, CA-93401 Subject US 101/LOVA Pi oject,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 heanng 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 120 030, 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 ameliana.slocity or Vny; ly3