RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING
THE DOWNTOWN CIVIC CENTER CONNECTIVITY AND SAFETY PROJECT TO JV LUCAS PAVING, INC., REJECTING THE PROTEST BY ARGONAUT, INC. AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACT FOR THE PROJECT, THE ENGINEERING SUPPORT SERVICES
DURING CONSTRUCTION, THE CONSTRUCTION MANAGEMENT AND
INSPECTION AGREEMENT AND ANY NEEDED CHANGE ORDERS AND
AMENDMENTS UP TO THE APPROVED PROJECT BUDGET.
WHEREAS, the City’s Five-Year Capital Improvements Program includes a list of street paving projects which are derived from a Pavement Management Program (PMP), updated every two years, which guides the identification and prioritization of street pavement maintenance projects; and
WHEREAS, the PMP provides strategies to prioritize the annual roadway projects based on their condition and treatment costs; and
WHEREAS, Pavement maintenance projects are significantly funded by, and made possible by, Measure G/S, the City’s local revenue measure; and City Council continues to prioritize street repair and maintenance, and this project is to be additionally funded using the Streets Improvements Lease issued in January of 2022 and revenue replacement funds in the General Fund due to the Federal American Rescue Plan Act of 2021, and State and Federal roadway grants; and
WHEREAS, the City has completed approximately $5.7 million of roadway rehabilitation in the last two years and has made significant progress in improving the condition of its roadways; and
WHEREAS, the Downtown Civic Center Connectivity and Safety Project (Project), also known as the Quickstrike Project, is included in the City’s current Five-Year Capital Improvement Program, and the Project extents are shown on the attached figure, and consists of pavement rehabilitation of all six segments of La Plaza and the length of West Sierra Avenue from Old Redwood Highway west to the City limits (just past the Highway 101 overpass); and WHEREAS, on July 27, 2021, City Council approved the design agreement for the Project, and bid documents were finalized and the Project was advertised for bidding on November 18th, 2022, and on December 20, 2022, six bids were received (bid Summary attached), with the low bid provided by JV Lucas Paving, Inc. for an amount of $1,997,474.00, which is nearly 22 percent under the engineer’s estimate, and the low bid was evaluated and was determined to be a responsive bid; and
WHEREAS, Argonaut Constructors, Inc., the second low bidder submitted a bid protest (see attached), and the protest asserts that JV Lucas, Inc.’s bid did not comply with the requirements of the bid package regarding listing subcontractors and had not submitted the Good Faith Efforts documentation required, and JV Lucas, Inc. submitted a response to the bid protest (see attached); and
WHEREAS, Staff, and their consultant, carefully reviewed JV Lucas, Inc.’s bid, the protest, and JV Lucas, Inc’s response and recommends the protest be rejected; and WHEREAS, as to the first argument, JV Lucas, Inc’s bid, for the reasons noted in JV Lucas, Inc’s response (see attached), met the requirements of the bid package and were waivable in any event; and
WHEREAS, the argument was with the two lists of subcontractors, there were contractors on the second list not listed on the first, and this is waived since all subcontractors to work on the project were identified in the bid; and
WHEREAS, as to the second argument, JV Lucas, Inc’s did provide the DBE and Good Faith Effort documents, and in accordance with the bid documents, the City is to request DBE and Good Faith Effort documents of the low three bidders following the bid opening, and both Argonaut and JV Lucas provided these documents following the bid opening; and WHEREAS, GHD, Inc completed an evaluation of the apparent low bidder’s Good Faith Efforts based on Section 9.9 of the Local Assistance Procedures Manual and Appendix A in Part 26 of Title 49 of the Code of Federal Regulations, and the City determined that the Low Bidder did demonstrate Good Faith Efforts to meet the DBE participation goal of this Project; and WHEREAS, the City issued a request for proposals for Construction Management services and selected GHD, Inc. from the sixteen proposals received, based on their being best qualified to perform these services for this Project, and other firms were highly qualified, and the discerning factor was GHD’s experience in successfully managing State grant funded road paving projects for the City; and
WHEREAS, City staff requested and GHD, Inc. provided a proposal for Engineering Support Services During Construction and Construction Management and Inspection services for and amount not to exceed $341,261. City staff has reviewed the proposal and finds it to be fair and reasonable; and
WHEREAS, City staff requested and GHD, Inc. provided a proposal for Engineering Services During Construction, and this effort is proposed to be included in Amendment 4 to the Design agreement for an additional amount of $24,285; and WHEREAS, during Design, additional unforeseen efforts were needed to address the National environmental requirements leading to delays in submittal of the Right-of-Way Certification and Encroachment Permit documents to Caltrans and the City’s project was required to submit an Advanced Construction application, a new and unexpected procedure, all of this required additional effort and more frequent meetings resulting in extra services exceeding the budget, and these services were needed to proceed with obtaining the approval to construction from Caltrans; and
WHEREAS, GHD, Inc provided an amendment for these extra services, in an amount of $9,516, and the City has reviewed it and finds it to be fair and reasonable and recommends it for approval, and the added cost of both the Engineering Support During Construction and Extra Services brings the total design agreement amount to $189,158; and WHEREAS, accounting for the construction contract, engineering support services during construction and Construction Management professional services, additional design fee to address unforeseen environmental requirements and change orders, amendments, and a 15 percent contingency, the total project budget is $2,878,703 and no additional appropriation of funds is being requested; and
WHEREAS, a summary of the total project costs, expended and proposed, are as follows:
Design $ 189,158
Construction Contract $1,997,474
Construction Mgnt. $ 341,261
Contingency $ 350,810 Total
$2,878,703; and
WHEREAS, the City’s budget includes State and Federal grants which have been awarded to the City and consist of $1,008,000 from One Bay Area Grant 2 (OBAG2) and $242,000 from a Coronavirus Response and Relief Supplemental Appropriations Act, 2021, (CRRSA) grant, and the City is in good standing on delivering prior grant funded projects and is to follow strict and extensive procedural and reporting requirements to remain eligible for this grant funding; and
WHEREAS, the Project is subject to the National Environmental Protection Act (NEPA) and California Environmental Act requirements (CEQA), and the City completed necessary documents and the Project was found to be Categorically Exempt under CEQA under Sections 15301, 15302, and 15303, and the Project is a Categorically Exclusion under NEPA 23 CFR 771.117(c): activity (c)(3).
NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati hereby determines that:
1. All the above recitals are true and correct,
2. The bid protest by Argonaut, Inc. is rejected,
3. The Construction Contract for the Downtown Civic Center Connectivity and Safety Project with JV Lucas, Inc. is approved,
4. The Construction Management agreement with GHD, Inc. is approved,
5. The Amendment to GHD, Inc’s Design agreement for Engineering Services During Construction and extra services is approved,
6. The City Manager is authorized to execute the above-mentioned contracts and agreements and any needed change orders and amendments up to the total Project budget of $2,878,703.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the January 24th, 2023, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Project Location (PDF)
Project Bid Tab (PDF)
Argonaut Protest Letter (PDF)
Response to Bid Protest by J.V. Lucas Paving, Inc. (PDF)