Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: JANUARY 28, 2025
SUBJECT: APPROVAL OF A CONSTRUCTION CONTRACT FOR THE
RESIDENTIAL STREETS PAVEMENT REHABILITATION – AREA 3,
CAPITAL IMPROVEMENT PROJECT (CIP) NO. 22-22
______________________________________________________________________
EXECUTIVE SUMMARY
The City Council will consider denying an appeal by the low bidder and approving a contract with R.J. Noble Company in the amount of $3,793,751 for the construction of the Residential Streets Pavement Rehabilitation - Area 3 Project (Project), Capital Improvement Program (CIP) No. 22-22. This area is recommended for improvement based on the City’s approved Pavement Management Program. The project will take place between February and June 2025 and will see the rehabilitation of approximately eight miles of residential streets.
RECOMMENDATION
That the City Council:
1. Deny the appeal by EFS West of City Staff’s recommended decision to reject the low bid by EFS West for the Residential Streets Pavement Rehabilitation - Area 3 Project, Capital Improvement Program (CIP) No. 22-22 on grounds of non-responsiveness; and
2. Award a contract to the next lowest responsive and responsible bidder, R.J.
Noble Company, in the amount of $3,793,751 for the Residential Streets Pavement Rehabilitation - Area 3 Project, Capital Improvement Program (CIP) No. 22-22 (see Attachment A); and
3. Authorize the City Manager, or his designee, to execute the Construction Contract with R.J. Noble Company in the amount of $3,793,751, including any non-substantive extensions, change orders, purchase orders, and amendments up to the authorized budget amount of $5,203,000.
BACKGROUND
The City’s Pavement Management Program (PMP) is the primary tool used to prioritize street pavement rehabilitation projects throughout the City. The PMP evaluates, ranks, and prioritizes each City street segment based on surface conditions (cracking, surface
CAPITAL IMPROVEMENT PROJECT NO. 22-22
RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT – AREA 3 JANUARY 28, 2025
PAGE 2
failures, etc.), pavement structural strength, and other field observations. The PMP systematically prioritizes areas for pavement rehabilitation through a 10-year work plan in which the City was divided into ten areas as shown in Attachment B.
The residential street segments in each area identified as priorities for improvements are either in a state of minor deterioration and can be inexpensively repaired with minor maintenance methods such as slurry seal, cape seal, or overlay while other residential street segments identified are deteriorated to a state of disrepair beyond what ordinarily could be handled through routine street maintenance practices and must be reconstructed. Ultimately, the pavement rehabilitation on the residential street segments will raise the condition of the pavement to an acceptable standard and will extend the life of the infrastructure by 20 years.
ANALYSIS
On July 23, 2024, the City Council approved plans and specifications and granted authority to advertise the Project for bids. The proposed work consists of various pavement rehabilitation strategies, concrete repairs, and ADA improvements within the Area 3 region as shown on the plans in Attachment C.
During the design process, staff determined that there would not be enough funding to cover the full, original scope of the Area 3 project. In order to save costs, staff implemented the following changes:
• Removed All Slurry Seal and Cape Seal Streets. This work will be done in a standalone project. This work is typically done by subcontractors and is therefore subject to a markup by the prime contractor of anywhere from 10 to 20 percent. By separating it into a future standalone project, the work would be done by a contractor that directly does this work and therefore will not be subject to a markup; thus, saving up to 20 percent of the cost.
• Implemented the ARAM + Slurry Cape Seal System. Construction material and labor costs have risen by as much as 30% over the past 3 years. Through close monitoring of recent bids, conversations with paving contractors and pavement manufacturers, and a review of the DIR Prevailing Wage changes, the City has determined that construction costs are not likely to return to their prior levels, and will possibly continue to increase for the foreseeable future. In order to effectively rehabilitate the City’s roadway network in this current economic climate, local agencies must constantly look for cost-effective treatment methods. Staff elected to once again utilize an Asphalt-Rubber Aggregate Membrane (ARAM) + Slurry Cape Seal treatment in lieu of a full reconstruction for several of the roadways within Area 3. ARAM + Slurry Cape Seal, which consists of the ARAM layer that is laid on the roadway surface followed by Slurry Cape Seal, is a proven treatment that has been utilized in Public Works projects for over 20 years. Further, it
CAPITAL IMPROVEMENT PROJECT NO. 22-22
RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT – AREA 3 JANUARY 28, 2025
PAGE 3
provides significant cost savings compared to full reconstruction, which consists of the removal of several inches of pavement and base, then placement of new asphalt pavement. While full reconstruction does provide a smoother driving surface and a visually better finish, ARAM treatments effectively bind together any surface defects and provide a new surface that greatly improves the rideability of the roadway while prolonging the life of the road for up to 15 years. Staff utilized this same ARAM + Slurry Cape Seal for the local roadway rehabilitation project in Area 5, CIP No. 22-20. Through this project, staff gained further confidence that this ARAM + Slurry Cape Seal system, which was never before implemented in Downey, is an effective pavement treatment.
The Project was advertised in the Downey Patriot on December 18, 2024, and December 26, 2024, and published in various trade publications. On January 6, 2025, the City received and publicly opened 8 bids ranging from $3,686,794 to $4,855,980. The bid results were as follows:
CONTRACTOR LOCATION BASE BID
AMOUNT
EFS West, Inc. Valencia $ 3,686,794
R.J. Noble Company Orange $ 3,793,751
Hardy & Harper, Inc. Lake Forest $ 3,900,000
Sequel Contractors, Inc. Santa Fe Springs $ 4,123,033 All American Asphalt Corona $ 4,130,021
Onyx Paving Company, Inc. Anaheim $ 4,222,000
Palp Inc. dba Excel Paving Company Long Beach $ 4,424,917 Toro Enterprises, Inc. Oxnard $ 4,855,980
There is a total of $5,203,000 in available funding for the roadway rehabilitation project in the Fiscal Year 2024-2025 budget.
Bid Protest by EFS West
The lowest Base Bid was submitted by EFS West, Incorporated, in the amount of $3,686,794. Staff reviewed the bid proposal provided by EFS West, Incorporated, and determined that EFS West’s bid was non-responsive for the following reasons:
1. Item No. 3.4 of the Bidder’s Proposal asks proposers to list information for at least one pavement rehabilitation project which the proposer’s organization completed within the last five years, acting as a Prime Contractor for a public agency. In response, EFS West, Incorporated provided a list of projects that does not include a pavement rehabilitation project.
CAPITAL IMPROVEMENT PROJECT NO. 22-22
RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT – AREA 3 JANUARY 28, 2025
PAGE 4
2. The Designation of Subcontractors form in the Bidder’s Proposal requires that each subcontractor who will perform work or labor or render service in an amount in excess of one-half of one percent of the Contractor's total bid or $10,000, whichever is greater, be listed on the form. After bids were opened, EFS West, Incorporated indicated, via a phone call with staff, that not all subcontractors who would be performing work on the project were listed on the Designation of Subcontractors. Therefore, staff was unable to verify the licenses of each subcontractor or the dollar amount of each subcontractor’s scope of work.
On January 6, 2025, staff provided written notice to EFS that staff would recommend EFS’s bid be rejected on the grounds of non-responsiveness. EFS’s written response to this notice was treated as a bid protest within the meaning of Downey Municipal Code Section 2913, and a written decision on the protest was provided to EFS on January 8, 2025, based on the above grounds (Attachment D).
Appeal of City’s Decision by EFS West
On January 9, 2025, EFS submitted a written appeal of the City’s decision on the bid protest (Attachment E). Under Downey Municipal Code Section 2913(f), such appeals are to be heard by the City Council.
Staff has reviewed the letter of appeal dated January 9, 2025, by EFS and recommends that the appeal be denied. The appeal largely echoes the bid protest, using nearly identical language. EFS has again, for example, conceded that “some relevant project details may have been inadvertently omitted from our original submission,” and has listed or alluded to additional projects. The City’s original response therefore remains appropriate:
Here, on the face of EFS West’s bid, it is clear that the list of projects supplied by EFS West did not conform to Section 3.4 of the bid instructions.
Those instructions, as excerpted above, unequivocally required bidders to list information for at least one pavement rehabilitation project which the proposer’s organization completed within the last five years, acting as a Prime Contractor for a public agency. No such projects appeared on EFS West’s list or were otherwise described as such. In fact, there was not a single mention of pavement rehabilitation on the list. Nearly each of the 33 projects was described as CNG, LNG, or other utility-type projects. Even if these projects had included a pavement rehabilitation component, that was not disclosed in any respect.
Further:
CAPITAL IMPROVEMENT PROJECT NO. 22-22
RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT – AREA 3 JANUARY 28, 2025
PAGE 5
While you offered to submit updated information in various respects, please be advised again that all information was due on January 6, 2025, at 9:00 AM as clearly advertised in the bid documents. Any bid detail submitted after this time could potentially prejudice or be unfair to other bidders.
Additionally, in its appeal letter, EFS simply re-states from its original protest that while only a single subcontractor was listed, that subcontractor may engage “second-tier” subcontractors that were exempt from listing, adding that all subcontractors would possess the necessary license and qualifications. Again, the City’s original response remains appropriate:
The failure to list all subcontractors is also clear, as confirmed in your telephone conversation with Mr. Aoun on January 6, 2025. In your e-mail of January 7, you also indicated there may be other subcontractors performing work on the project; none are exempt from the listing requirement. Failure to specify a subcontractor to perform any portion of the work means that the prime contractor itself will perform the work. Public Contract Code section 4106. Your statement and the information supplied to the City does not reflect that EFS West will perform the balance of the work not being done by the single subcontractor that was listed.
As explained in the decision rejecting EFS’s bid protest, the City did not view EFS’s bid deviations as minor or inconsequential and elected not to waive them under the discretion available to the City under applicable state law. This was the underlying basis for staff’s recommendation that EFS’s bid be rejected on grounds of non-responsiveness.
There are no new or different grounds in the appeal; all the grounds stated therein have been evaluated and addressed in the decision on the bid protest. Accordingly, staff recommends that the City Council deny the appeal submitted by EFS West and award the project to the next lowest responsive and responsible bidder. However, the City Council has the option to approve the appeal submitted by EFS. If this is the case, then staff would proceed with preparing all contract documents, including insurance and bonding, and return to award the contract at the February 11, 2025 meeting.
Award to Lowest Responsive and Responsible Bidder
The next lowest responsive and responsible bidder is R.J. Noble Company, with a Base Bid amount of $3,793,751 (Attachment F). Staff reviewed the bid proposal and references provided by R.J. Noble Company and found that R.J. Noble Company has satisfactorily completed projects for the Cities of Huntington Beach, Garden Grove, Fountain Valley, Norwalk, Cypress, and others. R.J. Noble Company's state contractor's license is "current and active," and this contractor is registered with the California Department of Industrial Relations (DIR) for Labor Compliance. Staff recommends that the City Council award a
CAPITAL IMPROVEMENT PROJECT NO. 22-22
RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT – AREA 3 JANUARY 28, 2025
PAGE 6
contract to R.J. Noble Company for the construction of Residential Streets Pavement Rehabilitation - Area 3 Project (Project), Capital Improvement Program (CIP) No. 22-22.
Construction is anticipated to begin in February 2025 and be completed in June 2025 pending any unforeseen delays. This Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301(c), Existing Facilities.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approval of the recommended actions will result in an estimated expenditure of $5,203,000 as shown in the following table:
Description Amount
Design $251,417
Construction Contract $3,793,751
Construction Contract Contingencies (20%) $758,751
Construction Inspection $120,000
Soils and Materials Testing $59,081
Construction Engineering and Contract
Administration $220,000
Total Estimated Project Cost: $5,203,000
There are sufficient fund balances for the recommended actions as shown in the following table:
Account
No. Funding Source Amount
32-1-6878 Fund 32 (Senate Bill 1) $3,750,000
38-1-6878 Fund 38 (Vehicle Impact Fee) $1,250,000
56-1-6878 Fund 56 (Measure R Local Return) $147,000
59-1-6878 Fund 59 (Measure R Bond) $56,000
Total Project Funding: $5,203,000
ATTACHMENTS
Attachment A: Construction Contract
CAPITAL IMPROVEMENT PROJECT NO. 22-22
RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT – AREA 3 JANUARY 28, 2025
PAGE 7
Attachment B: Project Location Map
Attachment C: Plans
Attachment D: Letter of Bid Rejection Recommendation to EFS West, Incorporated Attachment E: Letter of Appeal to City of Downey
Attachment F: Bid Summary
ATTACHMENT A
ATTACHMENT B
UNDERGROUND STRUCTURESGENERAL NOTESCITY OF DOWNEY - (WATER & SEWER)(562) 904-7110CITY OF DOWNEY - (TRAFFIC ENGINEER)(562) 904-7110CITY OF DOWNEY - (WATER DIVISION)(562) 904-7202COUNTY SANITATION DISTRICT OF LOS ANGELES -ANTHONY HOWARD(562) 638-6822AT&T - TROY STANARD(310) 515-2419L.A. COUNTY DEPARTMENT OF PUBLIC WORKS -DARYL CHENOWETH(626) 458-3109L.A. COUNTY DEPARTMENT OF PUBLIC WORKS -MANUEL ALARCON (626) 458-7169L.A. COUNTY FLOOD CONTROL DISTRICT - ED TERAN(626) 458-7039L.A. COUNTY MANHOLE ADJUSTMENT(310) 638-1161(2 WORKING DAYS PRIOR)L.A. COUNTY TRAFFIC & LIGHTING DIVISIONSTREET LIGHTING SECTION(626) 300-4754METROPOLITAN TRANSPORTATION AUTHORITY(213) 626-4455SOUTHERN CALIFORNIA EDISON - ERNESTO CHAVEZ(562) 903-3183SOUTHERN CALIFORNIA GAS COMPANY - STEVE GOMEZ(213) 213-4432UNDERGROUND SERVICE ALERT811METROPOLITAN WATER DISTRICT - ZOREH ZAREH(213) 217-6534FRONTIER COMMUNICATIONS - RAYMOND ROUNDTREE(714) 375-6760CHARTER/TIME WARNER- ERNEST CHANG(310) 466-6863VERIZON - MATT BERGINE(714) 822-6207AT&T CALIFORNIA - MARCO MACIASSPRINT - TIBOR LAKY(949) 942-9315(714) 617-9598TORRANCE LOGISTICS CO. - ADRIANE SIMON (310) 212-18421.ALL WORK SHALL CONFORM TO THE STANDARD PLANS AND SPECIFICATIONS OFTHE CITY OF DOWNEY AND THE LATEST EDEDTION OF STANDARD PLANS ANDSPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, UNLESS OTHERWISESPECIFIED.2.ALL UNDERGROUND UTILITIES SHALL BE INSTALLED PRIOR TO SURFACING OFTHE STREETS.3.ALL JOINS TO EXISTING ASPHALT PAVEMENT, WITH ASPHALT CONCRETEOVERLAY OR NEW STRUCTURAL SECTIONS, SHALL BE TO THE SATISFACTION OFTHE ENGINEER.4.ALL EXISTING STRUCTURES AND SUBSTRUCTURES SHOWN ON THESE PLANSARE FROM AVAILABLE RECORDS. IT IS THE RESPONSIBILITY OF THECONTRACTOR TO VERIFY THE LOCATION OF SAID STRUCTURES ANDSUBSTRUCTURES AND PROTECT THEM IN PLACE WHETHER OR NOT SHOWN ONTHESE PLANS.5.HARD HATS AND SAFETY VESTS SHALL BE WORN AT ALL TIMES, WHENWORKING ON THIS PROJECT.6.THE CONTRACTOR SHALL NOTIFY THE CITY OF DOWNEY INSPECTOR AT LEAST48 HOURS PRIOR TO ANY CONSTRUCTION PHONE: 562 904-71107.THE CONTRACTOR SHALL USE PROPER SAFETY SIGNING AND BARRICADING ASREQUIRED PER CAMUTCD MANUAL AND W.A.T.C.H. HANDBOOK.8.WHERE STANDARD PLANS ARE CALLED FOR S.P.P.W.C. (STANDARD PLANS FORPUBLIC WORKS CONSTRUCTION) OF THE LATEST EDITION SHALL BE USED.9.CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETERESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THECONSTRUCTION OF THIS PROJECT INCLUDING SAFETY OF ALL PERSONS ANDPROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BELIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALLDEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESSFROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THEPERFORMANCE OF THE WORK ON THIS PROJECT, EXCEPTING FOR LIABILITYARISING FROM SOLE NEGLIGENCE OF THE CITY OR THE ENGINEER.10.CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AND SHALLREPORT ALL DISCREPANCIES TO THE ENGINEER PRIOR TO THE COMMENCEMENTOF WORK.11.AT NO TIME IS ANY BUSINESS OR RESIDENCE TO BE WITHOUT ACCESS UNLESSOTHERWISE APPROVED.12.STREETS IN THE CONSTRUCTION AREA SHALL BE KEPT CLEAN AT ALL TIMES.ALL SWEEPING PERFORMED BY THE CITY CREWS WILL BE CHARGED TO THECONTRACTOR AT OVERTIME RATES.13.ALL EXISTING IMPROVEMENTS SHALL BE PROTECTED IN PLACE UNLESSOTHERWISE NOTED.UITLITY AND AGENCY INDEX1TITLE SHEET2CONSTRUCTION NOTES, DETAILSSLURRY W/ ARAM STREETS3FLORENCE FRONTAGE ROADFROM SIDEVIEW DRIVE TO PICO VISTA ROAD4SIDEVIEW DRIVE & CASANES AVENUEFROM FLORENCE FRONTAGE RD. TO DACOSTA ST.5PANGBORN AVENUEFROM FLORENCE FRONTAGE RD. TO RAVILLER DR.5RAVILLER DR.FROM DOWNEY SANFORD BR. RD. TO PANGBORN AVE.6LESTERFORD AVE.FROM FLORENCE FRONTAGE RD. TO GAINFORD ST.6DACOSTA ST.FROM DOWNEY SANFORD BR. RD. TO NEWVILLE AVE.7DOWNEY SANFORD BRIDGE ROADFROM HASTY AVE. TO GALLATIN ROAD8HALEDON AVE.FROM FLORENCE AVE. TO CHARLOMA DR.9RAVILLER ROADFROM HALEDON AVE. TO LEMORAN AVE.9LEMORAN AVE.FROM GALLATIN ROAD TO VISTA DEL RIO ROAD10VISTA DEL RIO DRIVEFROM 200' E. OF CLANCY AVE. TO LEMORAN AVE.10GARNISH DRIVE FROM APPLEBY ST. TO VISTA DEL RIO11SERAPIS AVENUEFROM TELEGRAPH ROAD TO SOUTH OF CEDARTREE RD.11CEDARTREE ROADFROM SERAPIS AVE. TO CHANEY AVE.12BROOKPARK ROADFROM LINDSEY AVENUE TO EGLISE AVENUE13SONGFEST DRIVEFROM METRO ST. TO TELEGRAPH FRONTAGE RD.13METRO STREETFROM SIDEWVIEW DRIVE TO TRUE AVENUE14KLINEDALE AVENUEFROM TRUE AVENUE TO CEDARTREE RD.14CEDARTREE ROADFROM KLINEDALE AVE. TO TRUE AVENUE15BROOKPARK ROADFROM TRUE AVENUE TO PICO VISTA RD.15PICO VISTA ROADFROM BLANDWOOD DRIVE TO SOUTHERLY CUL DE SAC27OTTO STREETFROM LESTERFORD AVENUE TO PICO VISTA ROAD28SIDEVIEW DRIVEFROM GALLATIN ROAD TO N'LY CUL DE SAC29HASTY AVENUEFROM SIDEVIEW DRIVE TO N'LY CDS30CASANES AVENUEFROM GALLATIN ROAD TO N'LY CDS30CASANES AVENUE (EAST)FROM STA 20+00.00 TO E'LY CDS30DALEWOOD AVENUEFROM BROOKPARK ROAD TO S'LY CDS31CORD AVENUEFROM CEDARTREE ROAD TO BROOKPARK ROAD32BROOKPARK ROADFROM STA 19+00.00 TO STA 29+00.0033BROOKPARK ROADFROM STA 29+00.00 TO TRUE AVENUE51LAKEWOOD BLVD FRONTAGE ROADFROM SOUTHERLY END TO STA 14+00.0052LAKEWOOD BLVD FRONTAGE ROADFROM STA 14+00.00 TO N'LY TERMINUS53LUBEC STREETFROM LAKEWOOD BLVD. FRONTAGE RD. TO ARRINGTON AVE.54LUBEC STREETFROM SHELLEYFIELD DR. TO HALEDON AVENUE55CLANCEY AVENUE-CHARLOMA DRIVEFROM RAVILLER DRIVE TO HALEDON AVENUE56SIDEVIEW DRIVEFROM CEDARTREE ROAD TO BROOKPARK ROAD57SONGFEST DR.- KLINEDALE AVE.FROM BROOKPARK RD TO STA 17+00.0058KLINEDALE AVENUEFROM STA 17+00.00 TO BROOKPARK ROADRECONSTRUCTION STREETS16MATTOCK AVENUEFROM DACOSTA STREET TO STA 14+50.0017MATTOCK AVENUEFROM STA 14+50.00 TO STA 19+00.0018MATTOCK AVENUEFROM STA 19+00.00 TO RAVILLER DRIVE18CASANES AVENUEFROM DACOSTA ST. TO N'LY CDS19RAVILLER DRIVEFROM MATTOCK AVENUE TO LESTERFORD AVENUE20LESTERFORD AVENUEFROM S'LY CDS TO STA 31+00.0021LESTERFORD AVENUEFROM STA 31+00.00 TO RAVILLER DRIVE22LUBEC STREETFROM MATTOCK AVENUE TO STA 14+50.0023LUBEC STREETFROM STA 14+50.00 TO LESTERFORD AVENUE24NEWVILLE AVENUEFROM LUBEC STREET TO N'LY CDS25PICO VISTA ROADFROM FLORENCE BLVD. FRONTAGE ROAD TO STA 15+00.0026PICO VISTA ROADFROM STA 15+00.00 TO N'LY CDS34OTTO STREETFROM GARNISH DRIVE TO STA 14+50.0035OTTO STREETFROM STA 14+50.00 TO STA 19+00.0036OTTO STREETFROM STA 19+00.00 TO DOWNEY SANFORD BRIDGE ROAD37GARNISH DRIVEFROM DINSDALE STEET TO GAINFORD DRIVE38OTTO STREETFROM 6+00.OO TO GARNISH DRIVE39OTTO STREETFROM STA 6+00.00 TO W'LY CDS40CHANEY AVENUEFROM S'LY CDS TO OTTO STREET41DINSDALE STREETFROM CHANEY AVENUE TO STA 24+00.0042DINSDALE STREETFROM STA 24+00.00 TO OTTO STREET43GARNISH DRIVEFROM LUBEC STREET TO STA 14+50.0044GARNISH DRIVEFROM STA 14+50.00 TO N'LY CDS45CORD AVENUEFROM SUVA STREET TO STA 14+50.0046CORD AVENUEFROM STA 14+50.00 TO GALLATIN ROAD47SUVA STREETFROM W'LY CDS TO CORD AVENUE48ARRINGTON AVENUEFROM TELEGRAPH ROAD TO STA 14+50.0049ARRINGTON AVENUEFROM STA 14+50 TO STA 19+00.0050ARRINGTON AVENUEFROM STA 19+00 TO S'LY CDS50RAVILLER DRIVEFROM W'LY CDS TO CORD AVENUE59BROOKGREEN ROADFROM PICO VISTA ROAD TO W'LY CUL DE SAC60TELEGRAPH FRONTAGE ROADFROM SONGFEST DRIVE TO STA 14+50.0061TELEGRAPH FRONTAGE ROADFROM STA 14+50.00 TO TRUE AVENUE62PICO VISTA ROADFROM TELEGRAPH ROAD TO E'LY CUL DE SAC63ALWIN STREETFROM TRUE AVENUE TO DALEWOOD AVENUE64TELEGRAPH FRONTAGE ROADFROM PASSONS BLVD. TO W'LY CUL DE SACCONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITHGENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTIONCONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETERESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OFCONSTRUCTION OF THE PROJECT, INCLUDING THE SAFETY OF ALL PERSONSAND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLYCONTINUOUSLY AND NOT TO BE LIMITED TO NORMAL WORKING HOURS ,AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND ,INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANYLIABILITY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITHTHE PERFORMANCE OF WORK ON THIS PROJECT , EXCEPTING LIABILITYARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL.CAUTION: THE ENGINEER PREPARING THESE PLANS WILL NOT BERESPONSIBLE FOR , OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OFTHESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING AND MUSTBE APPROVED BY THE PREPARER OF THESE PLANS.CAPITAL IMPROVEMENTS PROJECT NO. 22-22RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT-AREA 3CONSTRUCTION PLANSFORCITY OF DOWNEYPUBLIC WORKS DEPARTMENT(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705BID SET 12-30-20241/6/2025ATTACHMENT C
LEGEND & ABBREVIATIONS:(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 20+00.00
SEE BELOW LEFT
MATCHLINE STA 20+00.00SEE ABOVE RIGHT
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 40+00.00
SEE BELOW MID LEFT
MATCHLINE STA 40+00.00SEE ABOVE RIGHT
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 21+00.00
SEE BELOW LEFT
MATCHLINE STA 21+00.00SEE ABOVE RIGHT
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 15+00.00SEE ABOVE RIGHT MATCHLINE STA 15+00.00SEE BELOW LEFT1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 20+00.00
SEE BELOW LEFT
MATCHLINE STA 20+00.00SEE ABOVE RIGHT
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 13+50.00MATCHLINE STA 13+50.00 MATCHLINE STA 39+00.00SEE ABOVE MID RIGHT
MATCHLINE STA 39+00.00
SEE BELOW LEFT IDENTICAL1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00SEE ABOVE RIGHT MATCHLINE STA 14+50.00
SEE BELOW LEFT1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 20+00. 0 0
SEE BELOW LEFT
MATCHLINE STA 20+00.00SEE ABOVE MID RIGHT
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE SHEET 17
MATCHLINE STA 14+50.00
SEE SHEET 171/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 19+00.00 SEE SHEET 18
SEE SHEET 16MATCHLINE STA 14+50.00
MATCHLINE STA 19+00.00
SEE SHEET 18
SEE SHEET 16MATCHLINE STA 14+50.00
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 17MATCHLINE STA 19+00.00 SEE SHEET 17MATCHLINE STA 19+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705LESTERFORD AVENUE SEE SHEET 21
SEE SHEET 18MATTOCK AVENUE
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 31+00.00 SEE SHEET 21
MATCHLINE STA 31+00.00
SEE SHEET 211/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 20MATCHLINE STA 31+00.00 SEE SHEET 20MATCHLINE STA 31+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE SHEET 23
MATCHLINE STA 14+50.00
SEE SHEET 231/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 22MATCHLINE STA 14+50.00 SEE SHEET 22MATCHLINE STA 14+50.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 15+ 0 0
.
0 0
SEE SHEET 26
MATCHLINE STA 15+00.00
SEE SHEET 261/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 26MATCHLINE STA 15+00.00 SEE SHEET 25MATCHLINE STA 15+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+00.00 SEE BELOW LEFT(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE ABOVE RIGHTMATCHLINE STA 14+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 34+00 .00SEE BELOW LEFT(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE ABOVE RIGHTMATCHLINE STA 34+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE BELOW LEFTSEE SHEET 32MATCHLINE STA 19+00.00SEE ABOVE RIGHTMATCHLINE STA 14+50.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 31MATCHLINE STA 19+00.00 MATCHLINE STA 24+00.00
SEE BELOW LEFT
SEE ABOVE RIGHTMATCHLINE STA 24+00.00
MATCHLINE STA 29+00.00
SEE SHEET 331/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 33+50.00
SEE BELOW LEFT
SEE SHEET 32MATCHLINE STA 29+00.00SEE ABOVE RIGHTMATCHLINE STA 33+50.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE SHEET 35 MATCHLINE STA 14+50.00
SEE SHEET 351/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 19+00.00 SEE SHEET 36
SEE SHEET 34MATCHLINE STA 14+50.00 SEE SHEET 34MATCHLINE STA 14+50.00 MATCHLINE STA 19+00.00
SEE SHEET 361/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 35MATCHLINE STA 19+00.00 SEE SHEET 35MATCHLINE STA 19+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 39MATCHLINE STA 6+00.00 SEE SHEET 39MATCHLINE STA 6+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 6+00.00SEE SHEET 38 MATCHLINE STA 6+00.00SEE SHEET 38 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
WM(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATC HLI
N
E S
T
A 2
4+00.00SEE S
H
E
E
T
42 MATCHLINE STA 24+00.00
SEE SHEET 421/6/2025
WM(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 41MATCHLINE STA 24+00.00 SEE SHEET 41MATCHLINE STA 24+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE SHEET 44
MATCHLINE STA 14+50.00
SEE SHEET 441/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00SEE SHEET 43MATCHLINE STA 14+50.00SEE SHEET 431/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE SHEET 46
MATCHLINE STA 14+50.00
SEE SHEET 461/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 45MATCHLINE STA 14+50.00 SEE SHEET 45MATCHLINE STA 14+50.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE SHEET 49
MATCHLINE STA 14+50.00
SEE SHEET 491/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 19+00.00 SEE SHEET 50 MATCHLINE STA 19+00.00
SEE SHEET 50
SEE SHEET 48MATCHLINE STA 14+50.00 SEE SHEET 48MATCHLINE STA 14+50.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 49MATCHLINE STA 19+00.00 SEE SHEET 49MATCHLINE STA 19+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 9+50.00
SEE BELOW LEFT
SEE ABOVE RIGHTMATCHLINE STA 9+50.00
MATCHLINE STA 14+00.00
SEE SHEET 521/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 51MATCHLINE STA 14+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 25+00.00
SEE BELOW LEFT
SEE ABOVE RIGHTMATCHLINE STA 25+00.00
1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 35+00.00
SEE BELOW LEFT
SEE ABOVE RIGHTMATCHLINE STA 35+00.00
MATCHLINE STA 37+50.00MATCHLINE STA 37+50.00IDENTICAL1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 15+00.00
SEE MID LEFT BELOW
SEE ABOVE RIGHTMATCHLINE STA 15+00.00
MATCHLINE STA 19+00.00
SEE BELOW LEFTSEE MID RIGHT ABOVEMATCHLINE STA 19+00.001/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA
13+50
.00SEE BELOW
LEFT
SEE ABOVE RIGHTMATCHLINE STA 13+50.00
MATCHLINE STA 17+00.00SEE SHEET 581/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 57MATCHLINE STA 17+00.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 14+50.00 SEE SHEET 61
MATCHLINE STA 14+50.00
SEE SHEET 611/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705SEE SHEET 60MATCHLINE STA 14+50.00 SEE SHEET 60MATCHLINE STA 14+50.00 1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 92705MATCHLINE STA 12+50+00.00MATCHLINE STA 12+50.00 IDENTICAL1/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/2025
(714) 744-9400 - www.KABBARA.NETENGINEERINGKABBARA601 N. PARKCENTER DR., SUITE 205,SANTA ANA, CA 927051/6/20251/6/2025
January 8, 2025
Sent by U.S. Mail and e-mail ([email protected])
Jay Persaud
EFS West
28472 Constellation Road
Valencia, CA 91355
Reconsideration of City’s Intent to Reject as Nonresponsive Bid by EFS WestRe:
for CIP Project No. 22-22, Area 3 Pavement Rehabilitation
Dear Mr. Persaud:
This letter responds to your e-mail of January 7, 2025 on behalf of EFS West, where you sought reconsideration of the City’s intended recommendation that EFS West’s bid for the above-referenced Project be rejected as non- responsive. As previously advised, we have construed your e-mail and its contents as a bid protest within the meaning of Downey Municipal Code Section 2913 and are providing a written decision in accordance with that section and following a review of all the information you provided. You were previously provided with a copy of Section 2913, and a copy is attached to this letter as well.
I. Non-Responsiveness of EFS West’s Bid
City staff concluded that EFS West’s bid, the apparent low bid, was non-responsive in two respects:
Item No. 3.4 of the Bidder’s Proposal asks proposers to list information for at least one pavement rehabilitation project which the proposer’s organization completed within the last five years, acting as a Prime Contractor for a public agency. In response, EFS West, Incorporated provided a list of projects that does not include any pavement rehabilitation projects.
The Designation of Subcontractors form in the Bidder’s Proposal requires that each subcontractor who will perform work or labor or render service in an amount in excess of one-half of one percent of the Contractor's total bid or $10,000, whichever is greater, be listed on the form. During our phone call this morning, ESF confirmed that not all subcontractors who would be performing work on the
ATTACHMENT D
project were listed on the Designation of Subcontractors. Therefore, staff was unable to verify the licenses of each subcontractor or the dollar amount of each subcontractor’s scope of work.
E-mail from Fabian Aoun to EFS West dated January 6, 2025.
II. EFS West’s Response
As to the first item above, you responded that EFS West has extensive experience in pavement rehabilitation projects and that its portfolio of work included projects involving: asphalt rehabilitation, asphalt removal and reconstruction, asphalt grind and overlay, curb and gutter removal, new construction of curb and gutter, and various underground utilities. You added that “some relevant project details may have been inadvertently omitted from our original submission” and indicated that you were prepared to submit an “updated project list.”
As to the second item above, you stated that while only a single subcontractor was listed, that subcontractor may engage “second-tier” subcontractors which were exempt from listing. You further stated that all subcontractors would possess the necessary license and qualifications.
E-mail from Jay Persaud to Fabian Aoun dated January 7, 2025.
III. Discussion
Noncompliance with the above bid requirements is a matter of responsiveness, which refers to the bid itself, as encompassed by all the documents that must be submitted by each bidder.
Responsiveness is determined from the face of the bid. Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal. App. 4th 1425, 1453-54. A bid is responsive if it conforms with the bidding specifications.
Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal. App. 4th 1181, 1187-88. The question is whether the bidder complied with the bidding instructions. A public entity may only waive irregularities in a bid if they are minor or inconsequential. Ghilotti Construction Co. v. Richmond (1996) 45 Cal. App. 4th 897, 904. If the deviation is not material, the city has the discretion, but not the obligation, to waive the deviation and accept the bid. MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal. App. 4th 359, 374.
Here, on the face of EFS West’s bid, it is clear that the list of projects supplied by EFS West did not conform to Section 3.4 of the bid instructions. Those instructions, as excerpted above, unequivocally required bidders to list information for at least one pavement rehabilitation project which the proposer’s organization completed within the last five years, acting as a Prime Contractor for a public agency. No such projects appeared on EFS West’s list or were otherwise described as such. In fact, there was not a single mention of pavement rehabilitation on the list. Nearly each of the 33 projects was described as CNG, LNG, or other utility-type projects. Even if these projects had included a pavement rehabilitation component, that was not disclosed in any respect.
The failure to list all subcontractors is also clear, as confirmed in your telephone conversation with Mr. Aoun on January 6, 2025. In your e-mail of January 7, you also indicated there may be other subcontractors performing work on the project; none are exempt from the listing requirement. Failure to specify a subcontractor to perform
any portion of the work means that the prime contractor itself will perform the work. Public Contract Code section 4106. Your statement and the information supplied to the City does not reflect that EFS West will perform the balance of the work not being done by the single subcontractor that was listed.
The City does not view these deviations as minor or inconsequential. The project list criteria was described clearly and particularly so that the City could evaluate bidders with pavement rehabilitation experience on a large scale. Additionally, the state law known as the Subletting and Subcontracting Fair Practices Act, which appears in the Public Contract Code at sections 4100 through 4114, requires that for all public projects the prime contractor must list on the bid the following items: the name, business address, California contractor’s license number, and public works contractor registration number of each subcontractor who will perform more than one-half of 1 percent of the dollar amount of the prime contractor’s total bid. Not only is this .5% requirement rooted in state law but also reiterated in the City’s own bid documents as well.
While you offered to submit updated information in various respects, please be advised again that all information was due on January 6, 2025 at 9:00 AM as clearly advertised in the bid documents. Any bid detail submitted after this time could potentially prejudice or be unfair to other bidders.
IV. Conclusion
Under the circumstance above, and pursuant to the discretion available to it, City staff has elected not to waive EFS West’s bid deviations and intends to recommend to the City Council that EFS West’s bid be rejected as non- responsive. City staff will continue with its evaluation of the bids and ultimately recommend that the Project be awarded to the lowest responsive, responsible bidder.
Sincerely,
Matthew Baumgardner, P.E.
Director of Public Works
Enclosure: Downey Municipal Code Section 2913
cc: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
(a)
(b)
(c)
(d)
(e)
(f)
(g)
City of Downey, CA
Tuesday, January 7, 2025
Article II. Administration
Chapter 9. PURCHASING PROCEDURE
§ 2913. APPEALS.
Any unsuccessful bidder of a public works contract or a contract that is solely maintenance and/or repair may file a protest regarding the procurement decisions authorized under this chapter.
Notice of Decision. After a decision regarding a procurement has been made, the Department Director or designee shall notify all persons, who submitted a response to a City solicitation, of the intended award. If a bidder is rejected because the bid is found non-responsive or because the bidder is deemed not responsible, the City will give written notice to said bidder of evidence reflecting such decision.
Time to File Protest. All protests must be filed in writing and received by the Department Director within five business days of the date of opening the bids.
Form of Protest. All protests shall be in writing, state the grounds for the protest, state the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or another bidder was either non-responsive or not responsible. All protests have to be filed in accordance with the instructions contained in the solicitation which is the subject of the protest.
City Manager Review. The City Manager or designee shall review the protest and issue a written decision on the protest. The City Manager or designee may base the decision on the written protest alone or may informally gather evidence from the person(s) filing the protest or any other person having relevant information. For procurements having a value of $125,000 or less, the City Manager's or designee's decision shall be final.
Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a "responsible" bidder, the protesting party must submit materials set forth in subsection (d) above for consideration. A hearing will be set within a reasonable time to provide a decision before final approval of the selected low bid. For procurements having a value of $125,000 or less, the City Manager's or designee's decision shall be final.
Appeal of City Manager's Decision to City Council. For procurements having a value exceeding $125,000, an appeal of the City Manager's decision may be filed with the City Council. All such appeals must be in writing, and shall be filed with the City Clerk within five business days from the date of the City Manager's written decision.
Failure to Timely Appeal. An unsuccessful bidder who fails to file a protest within the times set forth in this section waives any right to protest the issue further. No appeal to either the City Manager or City Council of any decision to award a bid under this chapter may occur once the contract has been awarded.
(Added by Ord. 21-1458, adopted 1-26-21)
1/7/25, 4:24 PM City of Downey, CA APPEALS.
https://ecode360.com/print/DO4924?guid=44393141 1/1
CITY OF BEVERLY HILLS
PUBLIC WORKS DEPARTMENT
PROJECT ADMINISTRATION DIVISION
_____________________________________________________________________________________________ City of Beverly Hills 345 Foothill Road, Beverly Hills, California 90210 p (310) 285-2467 f (310) 278-1838 BeverlyHills.org
To Whom It May Concern,
Please accept this letter as a strong recommendation for EFS West as a skilled and qualified public works contractor. Their management team and field staff demonstrated the utmost professionalism throughout the design and construction process, ensuring the successful and on-schedule completion of our project.
Our project was for the replacement of the two (2) compressors at our existing Compressed Natural Gas (CNG). The original equipment was past its useful life and under sized for the growing fleet of CNG vehicles.
The project involved the of reconfiguring the CNG Equipment area to accommodate the larger equipment.
This required a larger natural gas and electric utility services. The work included saw cutting, trenching, and the underground installation of pipes and conduits, followed by resurfacing these areas with new concrete foundations and flat work. Additionally, EFS West was responsible for asphalt rehabilitation of driveway and parking lot that was affected by their scope of work.
EFS West’s dedication to quality workmanship and commitment to safety give us full confidence in their ability to deliver exceptional results on any project
Sincerely,
Ji Kim, AIA
Project Manager
Office (310) 288-2817
[email protected]
sandiego.gov
Purchasing & Contracting Department
Public Works Division
,
VIA EMAIL: [email protected]
Mr. Jay Persaud, Project Manager EFS
West
28472 Constellation Road Valencia,
CA 91355
Reference: Miramar Place CNG Facility Upgrades; K-23-2073-DB1-3-A Subject:
Craig Fergusson
ATTACHMENT F
Bid Summary
Capital Improvement Project No. 22-22
Residential Streets Pavement Rehabilitation - Areas 3
January 6, 2025
Item
No. Description Qty. Unit EFS West Inc. R.J. Noble Company Hardy & Harper, Inc.
Unit Price Amount Unit Price Amount Unit Price Amount 1 Traffic Control, Public Convenience, NPDES Compliance & Safety (Not to Exceed 5% of the Total Base Bid Amount) 1 LS $ 107,382.00 $ 107,382.00 $ 184,000.00 $ 184,000.00 $ 188,452.00 $ 188,452.00 2 Construction Surveying & Monument Preservation, Including Pre and Post Construction Corner Records and Setting New Monuments & Ties (Including Missing Monuments) 1 LS $ 66,000.00 $ 66,000.00 $ 155,000.00 $ 155,000.00 $ 200,000.00 $ 200,000.00 3 Unclassified Excavation & Subgrade Preparation (Final Pay Quantity) 4,720 CY $ 54.00 $ 254,880.00 $ 48.00 $ 226,560.00 $ 110.00 $ 519,200.00 4 Construct 3/8" Thick ARAM (Asphalt Rubber Aggregate Membrane) Interlayer 958,950 SF $ 0.48 $ 460,296.00 $ 0.63 $ 604,138.50 $ 0.60 $ 575,370.00 5 Micro Mill Existing Pavement 318,320 SF $ 0.30 $ 95,496.00 $ 0.21 $ 66,847.20 $ 0.40 $ 127,328.00 6 Application of Quick Set Emulsion Aggregate Slurry Type II (Cationic) with 2 Percent Latex Additive, Including Crack Sealing, Mobilization and Demobilization 800 ELT $ 108.00 $ 86,400.00 $ 390.00 $ 312,000.00 $ 400.00 $ 320,000.00 7 Asphalt Rubber Hot Mix (ARHM) Overlay (ARHM-GG- C PG 64-16) 4,110 TON $ 180.00 $ 739,800.00 $ 158.00 $ 49,380.00 $ 130.00 $ 534,300.00 8 Dense Graded Asphalt Concrete (DGAC) Base Course Pavement (B PG 64-10) 6,850 TON $ 120.00 $ 822,000.00 $ 138.00 $ 945,300.00 $ 105.00 $ 719,250.00 9 Adjust Survey Well Monument Frame & Cover to Grade 5 EA $ 1,800.00 $ 9,000.00 $ 875.00 $ 4,375.00 $ 1,000.00 $ 5,000.00 10 Adjust Valve Frame and Cover to Grade 33 EA $ 900.00 $ 29,700.00 $ 875.00 $ 28,875.00 $ 1,000.00 $ 33,000.00 11 Adjust Sewer Manhole to Grade in AC Pavement 47 EA $ 780.00 $ 36,660.00 $ 875.00 $ 41,125.00 $ 1,200.00 $ 56,400.00 12 Adjust Square Sewer Manhole Frame and Cover to Grade in AC Pavement 8 EA $ 1,020.00 $ 8,160.00 $ 875.00 $ 7,000.00 $ 1,200.00 $ 9,600.00 13 Sawcut & Remove Existing & Construct New PCC Driveway per SPPWC Std. Plan No. 110-2 4,600 SF $ 25.20 $ 115,920.00 $ 19.20 $ 88,320.00 $ 20.00 $ 92,000.00 14 Sawcut & Remove Existing & Construct PCC Curb Ramp per SPPWC Std. Plan No. 111-5 with Retaining Curb (As Needed) & Detail C on Sheet 2 & Detectable Warning Devices per Federal & State ADA Guidelines (Including Curb & Gutter with Slot Paving) 22 EA $ 11,400.00 $ 250,800.00 $ 6,950.00 $ 152,900.00 $ 7,000.00 $ 154,000.00 15 Sawcut & Remove Existing & Construct PCC Sidewalk per SPPWC Std. Plan No. 112-2 460 SF $ 21.60 $ 9,936.00 $ 13.00 $ 5,980.00 $ 20.00 $ 9,200.00 16 Sawcut & Remove Existing & Construct New PCC Curb & Gutter per SPPWC Std. Plan No. 120-3 Type A2-8 (Modified to Variable Curb Face) 450 LF $ 120.00 $ 54,000.00 $ 107.00 $ 48,150.00 $ 100.00 $ 45,000.00 17 Sawcut & Remove Existing & Construct New PCC Curb & Gutter per SPPWC Std. Plan No. 120-3 Type A2-8 (Modified to Variable Curb Face & W=1') 290 LF $ 156.00 $ 45,240.00 $ 112.00 $ 32,480.00 $ 80.00 $ 23,200.00 18 Sawcut & Remove Existing & Construct New PCC Cross Gutter per SPPWC Std. Plan No. 122-3 560 SF $ 36.00 $ 20,160.00 $ 30.00 $ 16,800.00 $ 30.00 $ 16,800.00 19 Sawcut & Remove Existing & Construct New PCC Curb per SPPWC Std. Plan No. 120-3 Type A1-8 (Modified to Variable Curb Face) 690 LF $ 162.00 $ 111,780.00 $ 85.00 $ 58,650.00 $ 60.00 $ 41,400.00 20 Sawcut & Remove Existing & Construct 4" AC Base Course per Detail "B" on Sheet 2 of Plans as Directed by the Engineer 250 TON $ 192.00 $ 48,000.00 $ 258.00 $ 64,500.00 $ 300.00 $ 75,000.00 21 Grind Existing Sidewalk* 50 LF $ 10.80 $ 540.00 $ 108.00 $ 5,400.00 $ 100.00 $ 5,000.00 22 Over-excavation* 500 CY $ 33.60 $ 16,800.00 $ 66.00 $ 33,000.00 $ 100.00 $ 50,000.00 23 Crushed Miscellaneous Base (CMB) (Over-excavation) * 1,000 TON $ 18.00 $ 18,000.00 $ 22.00 $ 22,000.00 $ 40.00 $ 40,000.00 24 Traffic Signing, Thermoplastic Striping & Pavement Markings, RPM's and Curb Painting 1 LS $ 153,423.60 $ 153,423.60 $ 30,000.00 $ 0,000.00 $ 50,000.00 $ 50,000.00 25 Replace Signal Loop Detectors. Loop Detectors shall be Type "E", 6' Round with 10' Spacing in the Direction of Traffic and Comply with 2014 CAMUTCD (latest edition), Including Connecting to Existing Conductors. 3 EA $ 42,000.00 $ 126,000.00 $ 990.00 $ 2,970.00 $ 1,500.00 $ 4,500.00 26 Remove Existing Tree, Including Stump Grinding* 1 EA $ 420.00 $ 420.00 $ 8,000.00 $ 8,000.00 $ 6,000.00 $ 6,000.00 TOTAL BASE BID ITEMS (Items 1 to 26) $ 3,686,793.60 $ 3,793,750.70 $ 3,900,000.00