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View Report Attachment B

Rules & Legislation Committee
September 29, 2022

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View Report Attachment B
Meeting
September 29, 2022
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Rules & Legislation Committee
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Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

INTER OFFICE MEMORANDUM
Department of Workforce & Employment Standards (DWES)

TO: Mastewal Cherinet, FROM: Shelley Darensburg, Contract Civil Engineer Compliance Supervisor--DWES

PREPARED BY: Vivian Inman, Vivian Inman

SUBJECT: Compliance Analysis DATE : August 19, 2022 Citywide Pavement Rehabilitation 2021
(Negotiated Bid June 21, 2022)
Project No. 1006103

The City of Oakland received three (3) bids in response to the solicitation of bids for Project No. 1006103. DWES initially reviewed the three bids in November 2021 and completed its initial evaluation of compliance for those bids..

At the City Council Meeting of January 18, 2022, the initiating agency was directed to go back and negotiate with the original 3 bidders. DWES received three (3) negotiated bids.

Below are the results of the compliance evaluation for the minimum 50% Local and Small Local Business Enterprise (L/SLBE) participation requirement based on the negotiated bids and a preliminary review for compliance with the Equal Benefits Ordinance (EBO). This project is subject to the most recent amended L/SLBE Program.

The above referenced project contains Asphalt Concrete Base Repair (Material only) specialty supply. The
Standard Specifications for Public Works Construction, "Greenbook", page 10 section 2-3.2 (Attachment A) describes how specialties may be addressed. Based upon the Greenbook and per the specifications, the Asphalt Concrete Base Repair specialty item has been excluded from the contractor’s bid price for purposes of determining compliance with the minimum 50% L/SLBE requirement.

The spreadsheet below is a revised format specifically for this analysis. The spreadsheet shows: Column A - Original Bid Amount; Column B - Specialty Dollar Amount per the Bid Summary and the Schedule R. Column C - Non-Specialty Bid Amount (difference between column A and B); Column D - Total Credited Participation.

Column E and Column F -are not applicable because this is a negotiated bid.

Page 2 ends

Responsive Proposed Participation Earned Credits and Discounts EBO Compliant?
Y/N
Company
Name
Original Bid
Amount
Specialty
Dollar
Amount
Non Specialty
Dollar
Amount
Total

LBE/SLBE

LBE/LPG
SLBE
*VSLBE
L/SLBE
Trucking
Total Credited
participation
Earned Bid
Discounts
Adjusted Bid
Amount

A B C D E F
Gallagher &
Burk

$15,023,250

$3,608,000

$11,415,250

81.30%

48.01%

33.29% 0% 100%

81.30%

NA NA Y
McGuire &
Hester

$15,183,256

$4,828,150 $10,355,106

79.34%

51.60%

27.74%

0% 100%

79.34%

NA

NA Y
OC Jones $16,564,652.50 $3,782,350 $12,782,302.50 75.32% 48.51% 26.10% .70% *2.40%
100% 75.32%
*76.02%

NA NA Y
*Double Counted Value

Comments: As noted, all bidders exceeded the minimum 50% Local/Small Local Business Enterprise participation requirement. They are all EBO compliant.

Should you have any questions, you may contact Vivian Inman, Sr. Contract Compliance Officer at (510) 238-6261. .

.

Project Name:

Project No. 1006103 Engineers Est: Under/Over Engineers Estimate: -$1,536,650.00 Discipline Prime & Subs Location Cert. LBE/LPG SLBE **VSLBE Total L/SLBE VSLBE Total *Non-Specialty Bid Amount
TOTAL Original
Bid Amount
Status LBE/SLBE Trucking Trucking Trucking Dollars Ethn. MBE WBE PRIME Gallagher & Burk Oakland CB 5,480,250 5,480,250 5,480,250 5,480,250 C Minor Concrete Rosas Brothers Oakland CB 2,200,000 2,200,000 2,200,000 2,200,000 H 2,200,000 Sealing/Slurry
Seal Bond Blacktop Hayward UB 300,000 300,000 C 300,000 AC Supply Gallagher & Burk Oakland CB 2,950,000 C
Striping Chrisp Company Fremont UB 1,835,000 1,835,000 C Trucking Monroe Trucking Oakland CB 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 AA 1,100,000 Adjustment of
Utilities Focon, Inc. Oakland CB 500,000 500,000 500,000 500,000 AA 500,000 Bid Summary
Specialty Amt Gallagher & Burk Oakland 658,000
Project Totals $5,480,250 $3,800,000 $0.00 $9,280,250 $1,100,000 $0 $1,100,000 $11,415,250 $15,023,250 $3,800,000 $300,000

48.01% 33.29% 0.00% 81.30% 100.00% 0.00% 100% 100% 100% 33.29% 2.00% Ethnici
AA = African American
VSLBE AI = Asian Indian
AP = Asian Pacific
C = Caucasian
Legend LBE = Local Business Enterprise UB = Uncertified Business H = Hispanic SLBE = Small Local Business Enterprise CB = Certified Business NA = Native American VSLBE = Very Small Local Business Enterprise MBE = Minority Business Enterprise O = Other LPG = Locally Produced Goods WBE = Women Business Enterprise NL = Not Listed Total LBE/SLBE = All Certified Local and Small Local Businesses MO = Multiple Ownership NPLBE = NonProfit Local Business Enterprise
NPSLBE = NonProfit Small Local Business Enterprise

LBE/LPG
25% SLBE 25%
TOTAL

LBE/SLBE/

VSLBE/LBE-
LPG
50% LBE/SLBE TRUCKING
* The above project contains specialty work. The Non-Specialty Work Bid Dollars were used for the purposes of determining compliance with the mininum 50% L/SLBE participation requirement.

L/SLBE PARTICIPATION
BIDDER 1
Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022) $13,486,600.00
For Tracking Only
Requirements:

The 50% requirment is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving the 50% requirement. A VSLBE's participation is double counted toward meeting the requirement.

PROJECT NO.:

PROJECT NAME:

Engineer's Estimate:
$13,486,600.00
Discounted Bid Amount: Discount Points:

NA N/A

1. Did the 50% requirements apply? YES

2. Did the contractor meet the 50% requirement? YES

48.01%

33.29%

0.00%
YES
a) Total L/SLBE trucking participation 100.00%

4. Did the contractor receive bid discounts? NO

(If yes, list the percentage received) 0%

5. Additional Comments.
8/19/2022
Date
Reviewing
Officer: Date:

Approved By: Date:

Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022)

DEPARTMENT OF WORKPLACE AND EMPLOYMENT STANDARDS
(DWES)

PROJECT EVALUATION FORM
1006103
CONTRACTOR: Gallagher & Burk
Contractors' Original Bid
Amount Specialty Dollar Amount
$15,023,250.00 $3,608,000.00 -$1,536,650.00
Over/Under Engineer's Estimate
Shelley Darensburg 8/19/2022
Amount of Bid Discount Non-Specialty Bid Amt.

N/A $11,415,250.00
b) % of LBE/LPG participation
c) % of SLBE participation
d) % of VSLBE Participation

3. Did the contractor meet the L/SLBE Trucking requirement? This is a negotiated bid. Therefore, bid discounts are not applicable.

6. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Vivian Inman 8/19/2022

Project Name:

Project No.: 1006103 Engineers Est: Under/Over Engineers Estimate: -$1,696,656.00 Discipline Prime & Subs Location Cert. LBE/LPG SLBE **VSLBE Total L/SLBE VSLBE Total Status LBE/SLBE Trucking Trucking Trucking Ethn. MBE WBE PRIME McGuire & Hester Oakland CB 4,823,356 4,823,356 4,823,356 4,823,356 C Trucking S&S Trucking Oakland CB 650,000 650,000 650,000 650,000 650,000 650,000 H 650,000 Trucking Monroe Trucking Oakland CB 400,000 400,000 400,000 400,000 400,000 400,000 AA 400,000 Concrete Rosas Brothers Oakland CB 1,822,500 1,822,500 1,822,500 1,822,500 H 1,822,500 Raise Utilities Giron Construction Oakland CB 520,000 520,000 520,000 520,000 AA 520,000 Seal/Microsurfacing Bond Blacktop Union City UB 303,500 303,500 C 303,500 Striping Chrisp Co. Fremont UB 1,835,750 1,835,750 C
Asphalt Material Gallagher & Burk Oakland CB 3,654,000 C Bid Summary
Specialty Amt McGuire & Hester Oakland CB 1,174,150
Project Totals $5,343,356 $2,872,500 $0 $8,215,856 $1,050,000 $0 $1,050,000 $10,355,106 $15,183,256 $3,392,500 $303,500.00

51.60% 27.74% 0.00% 79.34% 100% 0% 100% 100% 100% 22.34% 2.00% Ethnicity
AA = African American
VSLBE/LPG AI = Asian Indian
AP = Asian Pacific
C = Caucasian
Legend LBE = Local Business Enterprise UB = Uncertified Business H = Hispanic SLBE = Small Local Business Enterprise CB = Certified Business NA = Native American VSLBE = Very Small Local Business Enterprise MBE = Minority Business Enterprise O = Other LPG = Locally Produced Goods WBE = Women Business Enterprise NL = Not Listed Total LBE/SLBE = All Certified Local and Small Local Businesses MO = Multiple Ownership NPLBE = NonProfit Local Business Enterprise
NPSLBE = NonProfit Small Local Business Enterprise

LBE/SLBE PARTICIPATION
BIDDER 2
Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022) $13,486,600.00
* The above project contains specialty work. The Non-Specialty Work Bid Dollars were used for the purposes of determining compliance with the mininum 50% L/SLBE participation requirement.
*Non-Specialty
Bid Amount
TOTAL Original
Bid Amount
For Tracking Only
LBE 25% SLBE 25%
TOTAL

LBE/SLBE/

VSLBE/LBE-LPG
50% LBE/SLBE TRUCKING
Requirements:

The 50% requirment is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving the 50% requirement. A VSLBEE's participation is double counted toward meeting the requirement.

PROJECT NO.:

PROJECT NAME:

Engineer's Estimate:
$13,486,600.00

Discounted Bid Amount: Discount Points:
#VALUE! N/A

1. Did the 50% requirements apply? YES

2. Did the contractor meet the 50% requirement? NO

51.60%

27.74%

0.00%
YES
a) Total L/SLBE trucking participation 100%

4. Did the contractor receive bid discounts? NO

(If yes, list the percentage received) N/A

5. Additional Comments.
8/19/2022
Date
Reviewing
Officer: Date:

Approved By: Date:

CONTRACTOR: McGuire & Hester
$15,183,256.00

DEPARTMENT OF WORKPLACE AND EMPLOYMENT STANDARDS
(DWES)

PROJECT EVALUATION FORM
1006103
Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022) $4,828,150.00 -$1,696,656.00
Over/Under Engineer's
Estimate
N/A
Contractors' Original Bid
Amount
Specialty Dollar
Amount
$10,355,106.00
Amount of Bid Discount Non-Specialty Bid Amt.

Shelley Darensburg 8/19/2022
b) % of LBE/LPG participation
The bidder failed to meet the 25% SLBE requirement. This is a negotiated bid. Therefore, bid discounts are not applicable.

6. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Vivian Inman 8/19/2022
c) % of SLBE participation

3. Did the contractor meet the L/SLBE Trucking requirement? d) % of VSLBE Participation

Project Name:

Project No.: 1006103 Engineers Est: Under/Over Engineers Estimate: -$3,078,052.50 Discipline Prime & Subs Location Cert. LBE/LPG SLBE **VSLBE Total L/SLBE VSLBE Total Status LBE/SLBE Trucking Trucking Trucking Ethn. MBE WBE PRIME OC Jones Oakland CB 6,200,552.50 6,200,552.50 6,200,552.50 6,200,552.50 C Slurry Seal Bond Blacktop Union City UB 206,600.00 206,600.00 C 206,600 Asphalt Supply Gallagher & Burk Oakland CB 2,901,000.00 C Striping/Marking Chrsip Co. Fremont UB 1,780,750.00 1,780,750.00 C Operated Cold
Mill
ABSL
Construction Hayward UB 709,400.00 709,400.00 H 709,400 Concrete Rosas Brothers Oakland CB 2,136,500.00 2,136,500.00 2,136,500.00 2,136,500.00 H 2,136,500 Tack Oil & Fog
Seal
Pacific
Northwest Oil Stockton UB 188,500.00 188,500.00 C
Survey Towill Concord UB 270,000.00 270,000.00 C
Trucking S&S Trucking Oakland CB 1,150,000.00 1,150,000.00 1,150,000.00 1,150,000.00 1,150,000.00 1,150,000.00 H 1,150,000 Trucking Monroe Trucking Oakland CB 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 AA 50,000 Flagging
Cooper
Construction Oakland CB 90,000.00 90,000.00 90,000.00 90,000.00 AA 90,000 Bid Summary
Specialty Amt OC Jones Oakland CB 881,350.00
Project Totals $6,200,552.50 $3,336,500.00 $90,000.00 $9,627,052.50 $1,200,000.00 $0.00 $1,200,000.00 $12,782,302.50 $16,564,652.50 $4,135,900 $206,600

48.51% 26.10% 0.70% 75.32% 100.00% 0.00% 100.00% 100% 100% 24.97% 1.25% Ethnicity
AA = African American
VSLBE/LPG AI = Asian Indian
AP = Asian Pacific
C = Caucasian
Legend LBE = Local Business Enterprise UB = Uncertified Business H = Hispanic SLBE = Small Local Business Enterprise CB = Certified Business NA = Native American VSLBE = Very Small Local Business Enterprise MBE = Minority Business Enterprise O = Other LPG = Locally Produced Goods WBE = Women Business Enterprise NL = Not Listed Total LBE/SLBE = All Certified Local and Small Local Businesses MO = Multiple Ownership NPLBE = NonProfit Local Business Enterprise
NPSLBE = NonProfit Small Local Business Enterprise
** Proposed VSLBE/LPG particiation is valued at .70%, however per the L/SLBE Program a VSLBE/LPG's participation is double counted towards meeting the requirement. Double counted percentage is reflected on the evaluation form and cover memo.

LBE 25% SLBE 25%
TOTAL

LBE/SLBE/

VSLBE/LBE-LPG
50% LBE/SLBE TRUCKING
* The above project contains specialty work. The Non-Specialty Work Bid Dollars were used for the purposes of determining compliance with the mininum 50% L/SLBE participation requirement.

LBE/SLBE PARTICIPATION
BIDDER 3
Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022) 13,486,600.00
*Non-Specialty
Bid Amount
TOTAL Original
Bid Amount
For Tracking Only
Requirements:

The 50% requirment is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving the 50% requirement. A VSLBEE's participation is double counted toward meeting the requirement.

PROJECT NO.:

PROJECT NAME:

Engineer's Estimate:
$13,486,600.00
Discounted Bid Amount: Discount Points:
#VALUE! N/A

1. Did the 50% requirements apply? YES

2. Did the contractor meet the 50% requirement? YES

48.51%

26.10%

0.70%
YES
a) Total L/SLBE trucking participation 100%

4. Did the contractor receive bid discounts? NO

(If yes, list the percentage received) N/A

5. Additional Comments.
8/19/2022
Date
Reviewing
Officer: Date:

Approved By: Date:

Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022) CONTRACTOR: OC Jones
Contractors' Original Bid
Amount

DEPARTMENT OF WORKPLACE AND EMPLOYMENT STANDARDS
(DWES)

PROJECT EVALUATION FORM
1006103
Specialty Dollar
Amount
Over/Under Engineer's
Estimate
(Double
Counted Value

1.40%)d) % of VSLBE Participation

3. Did the contractor meet the L/SLBE Trucking requirement? $16,564,652.50 $3,782,350.00 -$3,078,052.50
Amount of Bid Discount
$12,782,302.50
Non-Specialty Bid Amt.

N/A
b) % of LBE/LPG participation
c) % of SLBE participation
Proposed VSLBE participation is valued at 0.70%, however, per the L/SLBE Program a VSLBE's participation is double counted towards meeting the requirement. Therefore, the VSLBE's is 1.40%. This a negotiated project. Therefore, bid discounts are not applicable.

6. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Vivian Inman 8/19/2022
Shelley Darensburg 8/19/2022

INTER OFFICE MEMORANDUM
Department of Workforce & Employment Standards (DWES)

TO: Mastewal Cherinet, FROM: Shelley Darensburg, Contract Civil Engineer Compliance Supervisor--DWES

PREPARED BY: Vivian Inman, Vivian Inman
Sr. Contract Compliance Officer

SUBJECT: Compliance Analysis DATE : August 19, 2022 Citywide Pavement Rehabilitation 2021
(Negotiated Bid June 21, 2022)
Project No. 1006104

The City of Oakland received three (3) bids in response to the solicitation of bids for Project No. 1006104. DWES initially reviewed the three bids in November 2021 and completed its initial evaluation of compliance of those bids in November 2021.

At the City Council Meeting of January 18, 2022, the initiating agency was directed to go back and negotiate with the original 3 bidders. DWES received one negotiated bid for this project,

Below are the results of the compliance evaluation for the minimum 50% Local and Small Local Business Enterprise (L/SLBE) participation requirement based on the negotiated bids and a preliminary review for compliance with the Equal Benefits Ordinance (EBO). This project is subject to the most recent amended L/SLBE Program.

The above referenced project contains Asphalt Concrete Base Repair (Material only) specialty supply. The
Standard Specifications for Public Works Construction, "Greenbook", page 10 section 2-3.2 (Attachment A) describes how specialties may be addressed. Based upon the Greenbook and per the specifications, the Asphalt Concrete Base Repair specialty item has been excluded from the contractor’s bid price for purposes of determining compliance with the minimum 50% L/SLBE requirement.

The spreadsheet below is a revised format specifically for this analysis. The spreadsheet shows: Column A - Original Bid Amount; Column B - Specialty Dollar Amount per the Bid Summary and Schedule R . Column C - Non-Specialty Bid Amou nt (difference between column A and B); Column D - Total Credited Participation;
Column E and Column F -are not applicable because this is a negotiated bid.

Page 2 ends

-Responsive Proposed Participation Earned Credits and Discounts EBO Compliant?
Y/N
Company
Name
Original Bid
Amount
Specialty
Dollar
Amount
Non Specialty
Dollar
Amount
Total

LBE/SLBE

LBE/LPG
SLBE
*VSLBE
L/SLBE
Trucking
Total Credited
participation
Earned Bid
Discounts
Adjusted Bid
Amount

A B C D E F
Gallagher &
Burk

$15,023,250

$3,311,000

$11,712,250

81.77%

49.33%

32.44% 0% 100%

81.77%

NA NA Y

Comments: Gallagher & Burk exceeded the minimum 50% Local/Small Local Business Enterprise participation requirement. The bidder is EBO compliant.

Should you have any questions, you may contact Vivian Inman, Sr. Contract Compliance Officer at (510) 238-6261. .

.

Project Name:

Project No. 1006104 Engineers Est: Under/Over Engineers Estimate: -$1,536,650.00 Discipline Prime & Subs Location Cert. LBE/LPG SLBE **VSLBE Total L/SLBE VSLBE Total *Non-Specialty Bid Amount
TOTAL Original
Bid Amount
Status LBE/SLBE Trucking Trucking Trucking Dollars Ethn. MBE WBE PRIME Gallagher & Burk Oakland CB 5,777,250 5,777,250 5,777,250 5,777,250 C Minor Concrete Rosas Brothers Oakland CB 2,200,000 2,200,000 2,200,000 2,200,000 H 2,200,000 Sealing/Slurry
Seal Bond Blacktop Hayward UB 300,000 300,000 C 300,000 AC Supply Gallagher & Burk Oakland CB 2,950,000 C
Striping Chrisp Company Fremont UB 1,835,000 1,835,000 C Trucking Monroe Trucking Oakland CB 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 AA 1,100,000 Adjustment of
Utilities Focon, Inc. Oakland CB 500,000 500,000 500,000 500,000 AA 500,000 Bid Summary
Specialty Amt Gallagher & Burk Oakland CB 361,000
Project Totals $5,777,250 $3,800,000 $0.00 $9,577,250 $1,100,000 $0 $1,100,000 $11,712,250 $15,023,250 $3,800,000 $300,000

49.33% 32.44% 0.00% 81.77% 100.00% 0.00% 100% 100% 100% 32.44% 2.00% Ethnici
AA = African American
VSLBE AI = Asian Indian
AP = Asian Pacific
C = Caucasian
Legend LBE = Local Business Enterprise UB = Uncertified Business H = Hispanic SLBE = Small Local Business Enterprise CB = Certified Business NA = Native American VSLBE = Very Small Local Business Enterprise MBE = Minority Business Enterprise O = Other LPG = Locally Produced Goods WBE = Women Business Enterprise NL = Not Listed Total LBE/SLBE = All Certified Local and Small Local Businesses MO = Multiple Ownership NPLBE = NonProfit Local Business Enterprise
NPSLBE = NonProfit Small Local Business Enterprise

LBE/LPG
25% SLBE 25%
TOTAL

LBE/SLBE/

VSLBE/LBE-
LPG
50% LBE/SLBE TRUCKING
* The above project contains specialty work. The Non-Specialty Work Bid Dollars were used for the purposes of determining compliance with the mininum 50% L/SLBE participation requirement.

L/SLBE PARTICIPATION
BIDDER 1
Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022) $13,486,600.00
For Tracking Only
Requirements:

The 50% requirment is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving the 50% requirement. A VSLBE's participation is double counted toward meeting the requirement.

PROJECT NO.:

PROJECT NAME:

Engineer's Estimate:
$13,486,600.00
Discounted Bid Amount: Discount Points:

NA NA

1. Did the 50% requirements apply? YES

2. Did the contractor meet the 50% requirement? YES

49.33%

32.44%

0.00%
YES
a) Total L/SLBE trucking participation 100.00%

4. Did the contractor receive bid discounts? NA

(If yes, list the percentage received)

5. Additional Comments.
8/19/2022
Date
Reviewing
Officer: Date:

Approved By: Date:

Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022)

DEPARTMENT OF WORKPLACE AND EMPLOYMENT STANDARDS
(DWES)

PROJECT EVALUATION FORM
1006104
CONTRACTOR: Gallagher & Burk
Contractors' Original Bid
Amount Specialty Dollar Amount
$15,023,250.00 $3,311,000.00 -$1,536,650.00
Over/Under Engineer's
Estimate
Shelley Darensburg 8/19/2022
Amount of Bid Discount Non-Specialty Bid Amt.
$0.00 $11,712,250.00
b) % of LBE/LPG participation
c) % of SLBE participation
d) % of VSLBE Participation

3. Did the contractor meet the L/SLBE Trucking requirement? This is a negotiated bid. Therfore, bid discounts are not applicable.

6. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Vivian Inman 8/19/2022

INTER OFFICE MEMORANDUM
Department of Workforce & Employment Standards (DWES)

TO: Mastewal Cherinet, FROM: Shelley Darensburg, Contract Civil Engineer Compliance Supervisor --DWES

PREPARED BY: Vivian Inman, Vivian Inman DATE: August 19, 2022 Sr. Contract Compliance Officer

SUBJECT: Compliance Analysis
Citywide Pavement Rehabilitation 2021
(Negotiated Bid June 21, 2022)
Project No. 1006105

The City of Oakland received four (4) bids in response to the solicitation of bids for Project No. 1006104 DWES initially reviewed the three bids in November 2021 and completed its initial evaluation of compliance for those bids.

At the City Council Meeting of January 18, 2022, the initiating agency was directed to go back and negotiate with the original four (4) bidders. DWES received one Schedule R from one (1) of the four (4) original bidders.

Below is the result of the compliance evaluation for the minimum 50% Local and Small Local Business Enterprise (L/SLBE) participation requirement based on the negotiated bids and a preliminary review for compliance with the Equal Benefits Ordinance (EBO). This project is subject to the most recent amended L/SLBE Program.

The above referenced project contains Asphalt Concrete Base Repair (Material only) specialty supply.

The Standard Specifications for Public Works Construction, "Greenbook", page 10 section 2-3.2 (Attachment A) describes how specialties may be addressed. Based upon the Greenbook and per the specifications, the Asphalt Concrete Base Repair specialty item has been excluded from the contractor’s bid price for purposes of determining compliance with the minimum 50% L/SLBE requirement.

The spreadsheet below is a revised format specifically for this analysis. The spreadsheet shows: Column A - Original Bid Amount; Column B - Specialty Dollar Amount per the Schedule R submitted by the contractor; Column C - Non-Specialty Bid Amount (difference between column A and B); Column D - Total Credited Participation. Columns E and Column F - are not applicable becaus e this is a negotiated bid.

Page 2 ends

-Responsive Proposed Participation Earned Credits and Discounts EBO Compliant?
Y/N
Company
Name
Original Bid
Amount
Specialty
Dollar
Amount
Non Specialty
Dollar
Amount
Total

LBE/SLBE

LBE/LPG
SLBE
*VSLBE
L/SLBE
Trucking
Total Credited
participation
Earned Bid
Discounts
Adjusted Bid
Amount

A B C D E F
Gallagher &
Burk

$5,757,977.50

$1,250,000

$4,507,977.50

83.27%

55.10%

28.17% 0% 100%

83.27%

NA NA Y

Comments: Gallagher & Burk exceeded the minimum 50% Local/Small Local Business Enterprise participation requirement and is
EBO compliant.

Should you have any questions, you may contact Vivian Inman, Sr. Contract Compliance Officer at (510) 238- 6261.
.

.

Project
Name:

Project No. 1006105 Engineers Est: Under/Over Engineers Estimate: -$685,447.50 Discipline Prime & Subs Location Cert. LBE/LPG SLBE **VSLBE Total L/SLBE Total *Non-Specialty Bid Amount
TOTAL Original
Bid Amount
Status LBE/SLBE Trucking Trucking Dollars Ethn. MBE WBE PRIME Gallagher & Burk Oakland CB 2,483,977.50 2,483,977.50 2,483,977.50 2,483,977.50 C Minor
Concrete Rosas Brothers Oakland CB 640,000 640,000 640,000 640,000 H 640,000 Sealing/Slurr
y Seal Bond Blacktop Hayward UB 124,000 124,000 C 124,000 AC Supply Gallagher & Burk Oakland CB 1,250,000 C
Striping Chrisp Company Fremont UB 630,000 630,000 C
Trucking Monroe Trucking Oakland CB 525,000 525,000 525,000 525,000 525,000 525,000 AA 525,000 Adjustment
of Utilities Focon, Inc. Oakland CB 105,000 105,000 105,000 105,000 AA 105,000 Project Totals 2,483,977.50 1,270,000.00 0.00 3,753,977.50 525,000.00 525,000.00 4,507,977.50 5,757,977.50 $1,270,000 $124,000

55.10% 28.17% 0.00% 83.27% 100.00% 100% 100% 100% 28.17% 2.15% Ethnici
AA = African American
VSLBE AI = Asian Indian
AP = Asian Pacific
C = Caucasian
Legend LBE = Local Business Enterprise UB = Uncertified Business H = Hispanic SLBE = Small Local Business Enterprise CB = Certified Business NA = Native American VSLBE = Very Small Local Business Enterprise MBE = Minority Business Enterprise O = Other LPG = Locally Produced Goods WBE = Women Business Enterprise NL = Not Listed Total LBE/SLBE = All Certified Local and Small Local Businesses MO = Multiple Ownership NPLBE = NonProfit Local Business Enterprise
NPSLBE = NonProfit Small Local Business Enterprise

LBE/LPG
25% SLBE 25%
TOTAL

LBE/SLBE/

VSLBE/LBE-
LPG
50% LBE/SLBE TRUCKING
* The above project contains specialty work. The Non-Specialty Work Bid Dollars were used for the purposes of determining compliance with the mininum 50% L/SLBE participation requirement.

L/SLBE PARTICIPATION
BIDDER 1
Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022) $5,072,530.00
For Tracking Only
Requirements:

The 50% requirment is a combination of 25% LBE and 25%
SLBE participation. An SLBE firm can be counted 100% towards achieving the 50% requirement. A VSLBE's participation is double counted toward meeting the requirement.

PROJECT NO.:

PROJECT NAME:

Engineer's Estimate:
$5,072,530.00
Discounted Bid Amount: Discount Points:

NA NA

1. Did the 50% requirements apply? YES

2. Did the contractor meet the 50% requirement? YES

55.10%

28.17%

0.00%
YES
a) Total L/SLBE trucking participation 100.00%

4. Did the contractor receive bid discounts? NA

(If yes, list the percentage received)

5. Additional Comments.
8/19/2022
Date
Reviewing
Officer: Date:

Approved By: Date:

Citywide Pavement Rehabilitation 2021 (Negotiated June 21, 2022)

DEPARTMENT OF WORKPLACE AND EMPLOYMENT STANDARDS
(DWES)

PROJECT EVALUATION FORM
1006105
CONTRACTOR: Gallagher & Burk
Contractors' Original Bid
Amount Specialty Dollar Amount
$5,757,977.50 $1,250,000.00 -$685,447.50
Over/Under Engineer's
Estimate
Shelley Darensburg 8/19/2022
Amount of Bid Discount Non-Specialty Bid Amt.
$0.00 $4,507,977.50
b) % of LBE/LPG participation
c) % of SLBE participation
d) % of VSLBE Participation

3. Did the contractor meet the L/SLBE Trucking requirement?

6. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Vivian Inman 8/19/2022

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