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Home My WebLink AboutAgenda Report - August 15, 2018 C-03CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C•m3 TM AGENDA TITLE: Adopt Resolution Rejecting Protest and Awarding Contract for 2018 Pavement Resurfacing Project to American Pavement Systems, Inc., of Modesto ($1,150,963), and Transferring Funds ($64,075) MEETING DATE: August 15, 2018 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution rejecting protest and awarding contract for 2018 Pavement Resurfacing Project to American Paving Systems, Inc., of Modesto, in the amount of $1,150,963, and transferring funds in the amount of $64,075. BACKGROUND INFORMATION: This project includes the application of approximately 85,000 square yards of rubberized asphalt cape seal and 6,200 square yards of fiberized slurry seal. The project limits will include Church Street (Lodi Avenue to Kettleman Lane), Hutchins Street (Kettleman Lane to Harney Lane), Industrial Way (Beckman Road to Guild Avenue), and Cluff Avenue (Industrial Way to Vine Street), as shown on Exhibit A. The rubberized asphalt cape seal is a combination of a rubberized chip seal on the bottom with a fiberized slurry seal (slurry seal with strands of glass fiber added) on top. The fiberized slurry seal will also be applied by itself on a portion of Industrial Way. The rubberized cape seal will be applied to streets with more surface defects, while fiberized slurry seal will be applied only to a street with fewer surface defects. Plans and specifications for this project were approved on June 6, 2018. Authorization to proceed with the award was obtained from Caltrans on July 31, 2018. The City received the following five bids for this project on July 11, 2018: Bidder Engineer's Estimate American Pavement Systems VSS International California Pavement Maint. Intermountain Slurry Seal Telfer Pavement Tech. Location Modesto West Sacramento Sacramento Elk Grove McClellan Bid $ 1,263,140.00 $ 1,150, 962.35 $ 1,178,120.00 $ 1,213,958.10 $ 1,247,247.00 $ 1,366,699.40 Above/(Below) Estimate $ (112,177.65) $ (85,020.00) $ (49,181.90) $ (15,893.00) $ 103,559.40 This project included a Disadvantaged Business Enterprise (DBE) participation goal of 8.0 percent. The lowest bidder obtained DBE participation of 9.9 percent. The City received a protest letter (Exhibit B) from the second lowest bidder, VSS International, dated July 18, 2018, claiming the bid submitted by American Pavement Systems, Inc. did not provide accurate information about all subcontractors on the appropriate DBE forms thereby invalidating its bid. In response to the protest letter, the City's DBE Liaison Officer investigated the allegations and determined the low bidder, American Pavement Systems, Inc. did in fact APPROVED: r Stephen Schwabauer, City Manager K:\WP\PROJECTS\STREETS\2018 Pavement Resurfacing\CAward.doc 8/2/2018 Adopt Resolution Rejecting Protest and Awarding Contract for 2018 Pavement Resurfacing Project to American Pavement Systems, Inc., of Modesto ($1,150,963), and Transferring Funds ($64,075) August 15, 2018 Page 2 comply with all DBE requirements and should be awarded the contract as reflected in the City's response letter, dated July 25, 2018 (Exhibit C). Staff recommends rejecting protest and awarding contract for 2018 Pavement Resurfacing Project to American Paving Systems, Inc., of Modesto, in the amount of $1,150,963. In 1978, Council adopted Resolution No. 78-165, creating the Industrial Way and Beckman Road Assessment District, and subsequently adopted Resolution No. 79-13, which issued bonds to 23 property owners in the identified area. Those bonds were paid off in 1995 and any refunds due to property owners were made. Residual funds totaling $64,074.64 remain. With Council approval, these funds can be transferred to the Streets Fund to pay for maintenance of the improvements in the area known as Industrial Way and Beckman Road, Assessment District No. 1, pursuant to Street and Highways Code section 10427(c). Staff also recommends transferring funds to the Street Fund in the amount of $64,075. FISCAL IMPACT: FUNDING AVAILABLE: By investing in the recommended maintenance project, significant capital dollars will be saved by extending the useful life of the pavement and foregoing more costly pavement reconstruction. This project does not impact the General Fund. Federal Transportation Improvement Program $ 1,097,182 (30799000) Senate Bill 1 Gas Tax (30499000) $ 253,520 Street Fund / Industrial Way Development (30099000) $ 88,000 Total $ 1,438,702 2/- Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Sean Nathan, Senior Civil Engineer CES/SN/tdb Attachments cc: Utility Superintendent K:\WP\PROJECTS\STREETS\2018 Pavement Resurfacing\CAward doc 8/2/2018 EXHIBIT A 2018 PAVEMENT RESURFACING PROJECT PROJECT LOCATION MAP Legend Cape Seal Slurry Seal s 0 0.25 0.5 Miles 1M®®®®ffl ..rKvn,,! mow_ �,�,e,_ �� ■, :Ili ve. �- �. 1.0 Moil u■uuul "1uu111' LOdI ■— - !1l�■■11.1 nota 11' ■ . , Ill;lll11g; IiIIGii11: 111111111;1 luuuulu 111111 1= ! -1ii _III \_-- - -==_ "�� IIII , °111!!111: 111!11111= =1!111111!: 1:111111111 1 _– Illliiiii:il iJlllllilll :Ilililliil ;�`_--- -� ■III.1111111111.■II =� ■III' 11!14..:_ IIII'1_ ■III 1 Idllli= uiilllli.11111i!Iii +-' ■! ■III II!II!1111' "1111!1= _1!1!11111 IIIIIIIi: - y 1: 1 :1111111111: 11111111= �IIIIIIii Iiii1illllli II IIII III ��1■-iiiiiil�l r�iinn• ®°a J1111 -III p :11,1 `� -uWlr p11� I III;IIII■ mow= �■� r1:1:11111111filill 1111.:11111111=X1111111111'mu11L11111111 111 r.0- 111111=1;llI 11111 II 11111111= =111 / 11.11 E - l� :IIIIIII� =111111.■ i.II1n. = � •111 Vine St.11111111.111111114:" 111111 I 1111111111111111. 1 /y� ®•- !••... I �. 1111111111 111111111 1dd— ® _ _:.-_'I 1111111111111111111. uuuuu= _ low -. II I ®_ III 11■ ■ .ril.. IF 1111 ■ .1111 1111.1111! 11111111111111,,► 1111111111111111■ 111111111111111.. M.1 11111111 Ile 111111 1.111■11 111111IlIlIl1 111111lIlIlIlIll 111111111111111111 111111 lllllll 11111 111111IlIlIl 11111 11111111111111111 11111111111111111 11111111111111111 111111111111111111 111111111111111 :,1111111.■II :111,,1.,,,, :111,, , Oar \.1 P.l �.1 /.1 aiiiiiiil 111111111111. 1111111111 4= ..0 :11 uuuuu llllll11.. 11111111E ■11111. 11�■ : v) iii 1 c = tl `'IIIMMI v v .I m� III Q qui i `III 1111111 -:`nn•11�III i ow j,�11..III .,,..4..1111 �. lllll inI =iii O lllllllll_ 1111.1ll•=111 Ra .41:1 :III ��11 =;,1: =III - - :1111111 =III .-� 1 _ 1 1 MN • iii MIN =1111= 211111E- sou 111.1111E 11111111 = 111:11' _ • =11111r 1. IIII ■1111= w111= Kettleman.Ln. 11.111111..............•..... ..1111.1.. 1IF X111111111. • .1.1.1.1.1 • 111 OT 1 ■1I IIIIILIIIIIIII • /.11111111.11\111111/ u►� 111111 - 11111111lllll11 ulWu� 111111 = 11111Century,Blyd v1111 111111111111 111111111111 111111111111 111111111111 .1111111 .1 111111111111111 M111111111111 _ 11111 111111111 1_11 L11111111 ►.111 111111 11.11. ■_ 1111110111 ►.111 :111: IHarney Ln. ii4— :1111111 Industrialdustrial Wy vine,St- v ■ 1 1 1 1 • WIUH I 11 II 7/18/18 Lyman Chang City of Lodi Public Works Dept. 221 W. Pine Street Lodi, CA 95241-1910 RECEjjjj JUL 18 2018 CITY OF L,ODI PUBLIC 1 j0RKS DE PA-rM PMT RE: Protest Lodi -2018 Pavement Resurfacing Project Dear Mr. Chang, I11TERf l TlO11RL www.slurry,com VSS International, Inc. (VSSI) in receipt and has reviewed American Pavement Systems (APS) bid and find that they did not meet the contract requirements with regards to the proper listing of subcontractors and how they relate to the Good Faith Guidelines and DBE requirements. Per the contract documents, award of the contract is based on the lowest most responsive bidder followed by either meeting the established DBE goal of (8%) or by submitting a valid GFE. APS did not list all subcontractors on the appropriate forms as the contract directs and therefore should not receive DBE credit for a contractor that they failed to list on the appropriate forms. APS failed to meet this understood requirement, therefor APS's bid is invalid and we protest any award to American Pavement Systems. APS did not follow the listing requirements on page 3.3 of the Bid Documents (see attached #1). It states to "Use the attached form (Exhibit 12-B) to list (all) DBE and Non - DBE subcontractors" In order to use Dirt Dynasty, Inc. it was mandatory that APS make that obligation on Exhibit 12-B turned in with the bid, binding APS to use Dirt Dynasty as a subcontractor, while at the same time receiving DBE credit for them and they did not (see attached #2). To further document this error, the Bid Documents instruct the bidder with a note marked "IMPORTANT" above the bidder's signature on Exhibit 15-G (see attached #3) which requires and instructs that all DBE firms claimed for credit, regardless of tier must be consistent in the Sub Contractor List (12-B) that was turned in during bid time. The discrepancies are obvious and therefore APS should not receive DBE credit for Dirt Dynasty, consequently making their commitment less than 8%. VSS IIITERIIRTIOr1RL, inc. P.O. BOX 981330 • WEST SACRAMENTO, CA 95798, USA • PHONE (916) 373-1500 FAX NO. (916) 373-1438 • CONTRACTOR'S LICENSE NO. 293727A PRVEMEl" IT-TRITITerlilliCE-Sf3 IRLISTS Not only did APS fall short of meeting the 8% goal as they claimed, they did not properly fill out Part 2 of form 12-B. According to what was sent to VSSI, Part 2 of Exhibit 12-B was left blank (see attached #4). This is a crucial part of any Good Faith Effort and therefore we question that one was diligently made? Furthermore, in an email (see attached #5) received by Julia Tyack on July 13th clarifications were made that each listed DBE form must follow a list of requirements. The first requirement in this email for listing a DBE subcontractor is: - "(i) The names and addresses of DBE firms that will participate in the contract." APS failed to list any addresses, as directed on form 15-G, failing to meet Caltrans standard requirements. In closing, it is evident that the goal of 8% is realistic and obtainable. It appears that in hindsight APS conveniently left Dirt Dynasty out of the subcontractor listing while at the same time claimed them on the committal form. This is not allowed by Caltrans. The requirement is mandatory and is a well-known Caltrans Standard that these forms have to match. This practice is devious and sneaky, the project should be awarded to VSS International, Inc. We are looking forward to meeting with the City if needed and will answer any questions you may have. If you need additional information, please contact me at 916.502.4463 Sincerely, eim•••• Rick Cross, Estimating & Development Manager VSS International, Inc. CC: Julia Tyack Transportation Planner / DBELO Jennifer Ferraiolo City Clerk Name and License No. of Subcontractor 7/5YOY FA/7"Prt. G1141 pivb -'25/3r1 fL4 ►lel ic 'howl 15'1511 6t644.. - / ° Sekva6 2-1 7V A5L Address Description of Work u7 ...rG 7 t tk /c'14,d 5 e772,3- 'nomy57 x57.1/14 7712 a •er ite4 649/04oee boilky, al 92-W5 5 f4e A -k 3fJ5- 2'1 ,44 mot hem/604- (Attach additional sheets if needed.) Use the attached form (Exhibit 12-B) to list ail DBE and Non -DBE subcontractors. The Undersigned is licensed in accordance with the laws of the State of California: 1 � License No. 9L-13 7'r; Classification T1 License Expiration Dateti)PCV;VeR0 Federal Contractor/Employer I.D. No. d — 06.)0. -.)C -44C1 American Pavement Systeme. Inc. Dated: ft,, 20 Bidder 74) A orize ignature ._.;eci Dal Name 1-1 i' !>✓''J) t Title ham, TYPE OF ORGANIZATION Individual, Partnership or Corporation (Affix corporate seal if Corporation) dpimley@americanpavemanteySt 00111 Addre s i t ;Ir,{ 0. I 5,7f59. Email Address (&)-ai 7 Telephone 2018Pevemen$Resur13.doe 3.3 05/18/16 E 0 r4 p a co EIE ,H o. 7, N g CD y fD o O - ^ N w 0 L. 0 3 `rte 2018PavernentResurf. A2.docx Distribution: 1) Original -Local Agency File 2) Copy-DLAE w/ Award Package 0) CO ED0 3 D ul 3 3 L u A 3 3 ro 3 o' N1� try t Vic_Web . City, State: l '5e r �D!% bt e•- (7,Z4t/ C( 1Name:• 31 *. u-1(fO6 City, State: r 112/ OOD ' (2°A • p} tp c ' { Subcontractor Name and Location V4 I line Item & Description —A v y t - Subcontract Percentage of Contractor DBE ! DBE Cert Amount Bid Item Sub- License Number (Y/N) Number contracted DIR Reg Number Iti3 ci.o C'' ,:-9, 3 j� f� N 4 -•C Q -..)' 00 „A (.tel i-- _i ' 3 o V 6' ['A1 0, O y1 3 3. j a v.1 1-' P. a w _ I., hl -‘,t% 1l11 3 j 1 I A 1 If 3 _IL ..I�_; p -' 3 3. z - n ~'•111 3. . 7 ] I r . 1 3 0. f[[ Q e, O V1 3 >• 7 I N' 3 7 Annual Gross Receipts PYit 0 fa - 0 G a0 n. C b ' M o fa w o 1n c.y o 0Q. Pi. Oa"O Y `(• kl F. ;A> 4 Local Assistance Procedures Manual 0- EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Lodi 3. Project Description; 2018 Pavement Resurfacing Project 4. Project Location: -Am eric-arrPavo meri Systems; Ina.5. Bidder's Name: 6. Prime Certified DBE: 0 7. Bld Amount: Ill] 50 9i L. 3S 8. Total Dollar Amount for ALL Subcontractors: D a o • f 9. Total Number of ALL Subr onlraclors: +S• 2. Contract DBE Goal 8% Church SI (t.odi-I(elllnman), I h k:hins SI (1nrnery-Kettlriman), Industrial Wy (Beckman -Guild), Clutf Ave (Vine -Industrial) 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount 35-0.60 Poo ,. 35 D 7(oGd On TeArI� coNTnoc. 1-1.;37(1, 17ta1-n►7►sTt1Znl�' -,2 3 - //q/ r: Zi 3 KIND /A/6 CV 5-7_-70 or-Tit-k4-tfo ) i Sc- L1S qi f, - 79 -01-f `I2 -Ft S. 5( Pf,,A,b top- x"06 - 2992 9P ,//I� pv& rli hp 5 �,tr'f //yb ,4 6,4'64- s 1-1113 I JET? zo9- yby-�O�bGft-�j j7L�rG�+hJb a^1 702-7 tie dor 009.00 IS1�Gl� �7� Cit -t, �!I? L°oAt,- A -W9 4 - 0". ?►11-gi.3 - oPys Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION $ 111-1/0-1'° 21. Local Agency 22. Federal 23. Bid Opening 24. Contract Local Agency this form is Contract Number: 18-13 5 7PL 515A 44T -Aid Project Number: f ) p a/ o /!/ /e 171% V Date: Award Date: IMPORTANT' Identify all DBE firms being claimed fo credit, regardless of tier Names of the First Tier DBE Subcontractors and their respective ilern(s) of work listed above must he consistent, where applicable with the names and Items of the work in the "Subcontractor List" submitted with your bid Written confirmation of each listed DBE is required. 4Ik/71.1 certifies that all DBE certifications are valid and information on complete and accurate. 26. Local Agency Representative's Signature 26. Date . "repay 'e Signatur- X17 ale 27. Local Agency Representallve's Name 28. Phone 18. s fel' Arne .�19. hone - iicl:C:91e e 4+ 29. Local Agency Representative's Title 20. Freparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result In de•obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For Individuals with sensory disabilities, this document is available In alternate Formals, For information call (916) 854-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. 201aPavemenlrfe5vrl3A I dot: k6 0'51.1- 201E PavernentResurf3A2 do:x D la Distribution: 1) Original -Local Agency File 2) Copy -DIRE w/ Award Package VI w 3 m ro 0 -h T 3 G 3 0 11 A O 3 LL n t kn 3 0 3 0 uoudinsap 1g wall aun c c 3 c 0 0 3 - d Jagwni aaa ala n 7 0 m Z e 3 0 or m = o Z m Z c 3 m c sldlaaaa ssoig lenuuy w o Po o W n. N W n r Cr o -j n � M o' y•o '0 r) o0 0 CDC CD O 0 v° O n n 0 0 "* b "-' r+ `< N K w bd pi -t ell 7 � K bU VI CD 0d N N. A 0 0- 0 0 o � � z o - N , l 0 O (17 0 0 0 N 0 a 0 Local Assistance Procedures Manual a -Zi 3'4 4x3 4t Nicholas Corcoran se From: Nicholas Corcoran Sent: Wednesday, July 18, 2018 1:58 PM To: Nicholas Corcoran Subject: FW: Lodi -2018 Pavement Resurfacing Project - 2nd Tier DBE Documentation From: Julia Tyack [mailto:itvack@lodi.gov] Sent: Friday, July 13, 2018 2:29 PM To: Lyman M Chang <Ichang@Iodi.gov>; 'dpimley@americanpavementsystems.com' <dpimley@americanpavementsystems.com>; VSSI_Contracts <vssi contracts@slurry.com>; 'btaylor@cpmamerica.com' <btavlor@cpmamerica.com> Cc: Sean Nathan <snathan@lodi.gov> Subject: Lodi -2018 Pavement Resurfacing Project - 2nd Tier DBE Documentation Good afternoon, have clarified with Caltrans that second tier DBE subcontractors (subs of subs) are acceptable to count towards DBE participation as long as bidders submit the following information pursuant to 49CFR26.53(b)(2)(i-v): (i) The names and addresses of DBE firms that will participate in the contract; (ii) A description of the work that each DBE will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; (iii) The dollar amount of the participation of each DBE firm participating; (iv) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; and (v) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment. If you listed second tier DBE firms on your bid, we know that it may take longer than Monday for you to receive written confirmation from them. Therefore, please submit your Good Faith Effort paperwork on Monday as indicated in Lyman's email below, and provide the additional information listed above by 5:OOpm on Wednesday 7/18/18, Please let me know if you have any questions. Thank you, Julia Tyack Transportation Planner / DBELO City of Lodi Public Works Dept. 221 W. Pine Street Lodi, CA 95241-1910 (209)333-6800 ext. 2076 1 CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi.gov July 25, 2018 VSS International, Inc. Mr. Rick Cross Estimating & Development Manager 3785 Channel Drive West Sacramento, CA, 95691 Subject: Bid Protest — City of Lodi 2018 Pavement Resurfacing Project Dear Mr, Cross STEPHEN SCHWABAUEF City Manage' JENNIFER M. FERRAIOLC City Clerk JANICE D. MAGDICI- City AttorneS CHARLES E. SWIMLEY, JR Public Works Director This letter is in response to your bid protest letter dated July 18, 2018. In your letter, you indicated that the low bidder's submittal did not contain accurate information about all subcontractors on the appropriate forms; therefore, the low bidder should not be awarded the contract. Below are your specific items of concern: 1. You state that one Disadvantaged Business Enterprise (DBE), Dirt Dynasty, was not listed on Caltrans Exhibit 12-B 'Bidder's List of Subcontractors (DBE and Non -DBE) in the bid submittal. Because of this, you state that the low bidder should not receive 'credit' for using that contractor when determining their DBE participation on this project. 2. You state that the low bidder left Part 2 of Exhibit 12-B blank; therefore, a good faith effort was not properly performed. 3. You state that the low bidder did not list the addresses of the DBE companies on Caltrans Exhibit 15-G 'Construction Contract DBE Commitment'; therefore, did not meet the Caltrans requirements for this form. As the Disadvantaged Business Enterprise Liaison Officer for City of Lodi, I performed a thorough evaluation of the DBE related documents presented by the three low bidders. These documents included the initial forms submitted with the bids on Wednesday, July 11, 2018, the Good Faith Effort documentation submitted after the bid on Monday, July 16, 2018, and written confirmations from each listed second-tier DBE subcontractor confirming that they would participate on the project as a subcontractor for the bidder. The written confirmations were to be submitted on Wednesday, July 18, 2018, as directed in my email to all three low bidders on Friday, July 13, 2018. In addition to reviewing these documents, I reviewed the Caltrans DBE requirements for this project and spoke directly with Caltrans Headquarters regarding your specific concerns. To provide additional clarification, Exhibit 12-G of Section 5A 'Federal Requirements' in the bid specifications provides guidance from Caltrans regarding the DBE requirements for this project on pages 5A.2 through 5A.5. This guidance states that if the DBE commitment form (Exhibit 15-G) is not submitted with the bid, the three low bidders must submit the form by 4:OOpm on the 5th calendar day after the bid opening. I had contacted your firm on Tuesday, July 12, 2018, stating that your Exhibit 15-G was not submitted with your bid submittal and should have been. Based on the guidance, I was incorrect in requiring that the form be submitted before Monday, July 16, 2018 because the bid specifications did not explicitly require submission of the form with the bid. This does not; however, alter my final determination in regard to the good faith effort analysis, as I reviewed each of the three low bidders' documents after the deadline for receipt of all requested forms. Based on my analysis of the documents and my discussion with Caltrans Headquarters, I am providing the following responses to your concerns below: 1. One DBE subcontractor was not listed on Exhibit 12-B. a. Although Dirt Dynasty was not listed on Exhibit 12-B Part 1 of the low bidder's submission on July 11, 2018, the company was listed on Exhibit 15-G of the submission. On the day of the bid opening, I called both Dirt Dynasty and the low bidder to confirm that this DBE would be participating on the contract. I instructed the low bidder to re -submit Exhibit 12-B Part 1 listing all subcontractors who met the threshold to be listed [those who would perform work amounting to more than one half of one percent (0.5 percent) of the total base bid, or $10,000, whichever is greater, and the bidder promptly responded. b. Not listing Dirt Dynasty on Exhibit 12-B Part 1 in the original bid is not grounds for denying the low bidder's intended DBE participation on this project. Because Exhibit 15-G was submitted with the bid, I was able to confirm that the claimed DBE participation of 9.9 percent was accurate. 2. The low bidder left Exhibit 12-B Part 2 blank. a. According to Caltrans Headquarters, a blank Exhibit 12-B Part 2 is not grounds for the City to reject a bid. The intent of Part 2 of the form is to identify DBE companies that were not selected, in the event that the bidder did not meet the DBE goal. The low bidder exceeded the 8 percent DBE goal, achieving 9.9 percent. Therefore, Exhibit 12-B Part 2 is not as critical in the good faith effort evaluation. The low bidder submitted a corrected Part 2 form after the bid opening and none of the listed subcontractors on that form were DBE's. 3. The low bidder did not list addresses on Exhibit 15-G. a. Although the bidder did not list addresses for the DBE subcontractors, they provided phone numbers and accurate DBE certification numbers. I was able to call the DBE subcontractors directly to verify that they had provided quotes to the low bidder and would participate on the project, as well as confirm on the Caltrans CUCP Database(https://ucp.dot.ca.gov/IicenseForm.htm) that they were legitimate DBE companies able to provide the services listed. I find that the low bidder met the intent of the regulations by providing valid phone numbers and DBE certification numbers. Lastly, the low bidder submitted all required Good Faith Effort documentation by Monday July 19, 2018, and all required written confirmations of participation from second tier DBE subcontractors by Wednesday, July 18, 2018. VSS International did not submit the written DBE second tier subcontractor confirmations. Based on the points listed above, I find that the low bidder exceeded the established 8 percent DBE goal and provided proper and timely documentation to confirm that the DBE's, listed on Exhibit 15-G and the revised Exhibit 12-B Part 1, will be participating on this project. I have advised our Project Engineers that the project may be awarded to the low bidder. Siyc- rely, Jul - Tyack '1 u1! ransportation Planner/DBE Liaison Officer 2018 PAVEMENT RESURFACING PROJECT VARIOUS LOCATIONS STPL-5154(047) CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and AMERICAN PAVEMENT SYSTEMS, INC., a California corporation, herein referred to as the "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Information to Bidders Certifications and Forms General Provisions Federal Requirements Special Provisions Bid Proposal Contract Contract Bonds Federal Minimum Wage Rates Plans Addenda The July 1992 Edition, Standard Specifications, State of California, Business and Transportation Agency, Department of Transportation All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE 1 - That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with the City, at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE 11 - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth in Section 5.600, "Measurement, Acceptance--and—Paymen`erera1 Provisions, in the ma e conditions above set forth; and the said parties for themselves, their heirs, executors, CONTRACT doc 4.1 07/25/18 administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the Engineer under them, to -wit: The work consists of rehabilitating 90,800 square yards of asphalt concrete pavement with fiberized slurry seal, asphalt rubber cape seal, and other incidental and related work, all as described in the specifications for the above project. For additional bid item descriptions refer to Section 6-07 "Description of Bid Items". CONTRACT ITEMS Item Description Qty Unit , Unit Price Total 1 Mobilization, Traffic Control, and Construction Notification 1 LS $ 103,000.00 $ 103,000.00 2 Pavement Repair - Hutchins 30,025 SF $ 10.19 $ 305,954.75 3 Pavement Repair - All Others 20,000 SF $ 7.90 $ 158,000.00 4 Rubberized Chip Seal 84,631 SY $ 3.60 $ 304,671.60 5 Fiberized Slurry Seal, Type II 90,800 SY $ 1.92 $ 174,336.00 6 Striping 1 LS $ 105,000.00 $ 105,000.00 TOTAL $1,150,962.35 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith, CONTRACT doc 4.2 07/25/18 ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Special Provisions. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract within 15 calendar days after the City Manager has executed the contract and to diligently prosecute to completion within 60 CALENDAR DAYS. ARTICLE IX - State of California Senate Bill 854 requires the following • No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. • This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION 6-04.03 OF THE SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: CITY OF LODI, a municipal corporation By: STEPHEN SCHWABAUER City Manager By: Date: Title Attest: JENNIFER M. FERRAIOLO City Clerk (CORPORATE SEAL) Approved As To Form: CONTRACT doc JANICE D. MAGDICH City Attorney 4.3 07/25/18 RESOLUTION NO. 2018-151 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING PROTEST; AWARDING CONTRACT FOR THE 2018 PAVEMENT RESURFACING PROJECT TO AMERICAN PAVEMENT SYSTEMS, INC., OF MODESTO; AND FURTHER TRANSFERRING FUNDS WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on July 11, 2018, at 11:00 a.m., for the 2018 Pavement Resurfacing Project, described in the plans and specifications therefore approved by the City Council on June 6, 2018; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder American Pavement Systems VSS International California Pavement Maint. Intermountain Slurry Seal Telfer Pavement Tech. Bid Above/(Below) Estimate $ 1,150, 962.35 $ 1,178,120.00 $ 1,213,958.10 $ 1, 247, 247.00 $ 1,366,699.40 $ (112,177.65) $ (85,020.00) $ (49,181.90) $ (15,893.00) $ 103, 559.40 WHEREAS, following investigation by the City's Disadvantaged Business Enterprise Liaison Officer, staff recommends that the City Council deny VSS International's bid protest; and WHEREAS, staff also recommends that the City Council award the contract for the 2018 Pavement Resurfacing Project to American Paving Systems, Inc., of Modesto, in the amount of $1,150,963; and WHEREAS, Resolution No. 78-165 created the Industrial Way and Beckman Road Assessment District and Resolution No. 79-13 issued bonds for the development of the district; and WHEREAS, those bonds were called in August 1995 and all refunds were paid to property owners; and WHEREAS, Street and Highways Code section 10427(c) allows for the transfer of remaining assessment district funds, with City Council authorization, to be used for future maintenance of the district; and WHEREAS, staff also recommends transferring the remaining balance of Fund 720 Industrial Way Development (currently at $28,673.97) and Fund 721 Industrial Way Development II (currently at $35,400.67) to Streets Fund 320 for the maintenance project described herein and further recommends the closure of funds 720 and 721. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the bid protest of VSS International, of West Sacramento, California; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the contract for the 2018 Pavement Resurfacing Project to the low bidder, American Paving Systems, Inc., of Modesto, California, in the amount of $1,150,963; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract on behalf of the City of Lodi; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize a transfer of funds, in the amount of $64,075, as set forth above. Dated: August 15, 2018 I hereby certify that Resolution No. 2018-151 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 15, 2018 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi NOES. COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None NNIFE . FERRAIOLO City Clerk 2018-151