Paradise City Council
May 14, 2024

The Town coordinated with Caltrans and Federal Highways Administration (FHWA) to secure Emergency Relief permanent restoration funding to repair damaged on-system roads town wide.

Through the Emergency Relief Program, the Town of Paradise has been approved for $55,439,200 for the on-system road rehabilitation project. The approved project is located on Federal-Aid “On-System” roads – meaning the Town’s primary collectors and arterials such as Skyway, Clark, Pearson, Elliott, Bille, Wagstaff, Pentz, etc. 287
Additionally, in 2018 the Town has been approved for $1,229,300 in Cycle 9 Highway Safety Improvement Program (HSIP) funds to improve safety at sixteen stop-controlled intersections at various locations. The countermeasure will be to systemically improve minor street approaches with a combination of additional intersection warning/regulatory signs, improved pavement markings, and providing improved sight triangles. For efficiency this project will be bid and constructed with the On-System Road Rehabilitation projects.

On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in January 2021, task orders were issued to Mark Thomas, Dokken Engineering, and Wood Rodgers, Inc. to perform civil design services on the on-system road rehabilitation project.

The overall scope of work for the combined Road Rehabilitation and HSIP Project can be summarized as follows:
 Repair Camp Fire damaged on-system roads to achieve a pre-fire condition.  Improve safety at two stop-controlled intersection with a combination of striping, warning/regulatory signs, improved pavement markings and providing improved sight triangles.

On December 12, 2024 Paradise Town Council adopted a resolution approving the Plans, Specifications and Estimate for the 2024 On-System Road Rehabilitation /HSIP Systemic Intersection Safety Improvement Project. Council further directed staff to advertise for bids.

On April 9, 2024 Paradise Town Council awarded Contract No. 7303.3.CON, 2024 On-System Road Rehabilitation /HSIP Systemic Intersection Safety Improvement Project to Lamon Construction Co, Inc. in the amount of their base bid, $4,961,786.55.

Following Council award, Town staff held back routing contracts for execution due to a pending Caltrans review of Lamon’s Disadvantaged Business Enterprise (DBE) participation Good Faith Effort (GFE). Typically, this step occurs before Council award.

Analysis:

Per the contract specifications, the award of the contract, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid whose bid complies with all the requirements prescribed. The apparent low bidder at bid opening was Lamon Construction Co, Inc. (Lamon) with a base bid of $4,961,786.55, with a DBE commitment of 6.93%. The established contract DBE goal was 17%.

Per Local Assistance Program Manual (LAPM) Chapter 9 a bidder must, in order to be responsive, make Good Faith Efforts (GFEs) to meet the DBE contract goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, if the bidder does not meet the goal, the bidder can provide documentation in support of their adequate GFEs.

On April 19, 2024 Caltrans Engineering Support Branch (ESB) provided the attached Memorandum “Town of Paradise Good Faith Effort Evaluation.” The document noted that ESB does not concur with the Town of Paradise’s determination that Lamon did demonstrate adequate Good Faith Efforts to meet the contract goal.”
288
Upon a re-evaluation following receiving Caltrans’ determination, Town Staff concurred with Caltrans also concluded that the GFE submitted by Lamon did not demonstrate Good Faith Efforts to meet the DBE contract goal. The re-evaluation of Good Faith Efforts is provided in this Agenda Summary.

Per the LAPM, if the Town determines that the apparent successful bidder has failed to meet the GFEs requirements, the Town, before awarding the contract, must provide the apparent successful bidder the opportunity for administrative reconsideration in accordance with 49 CFR

26.53. Lamon was invited to and attended an Administrative Reconsideration Hearing on April 29, 2024. The primary purpose of an Administrative Reconsideration Hearing is to provide supporting documentation or argument which was not originally presented in the original submittal(s).

A three-person panel was formed to hold the Administrative Reconsideration Hearing, comprised of the Town Manager, Human Resources and Risk Management Director and Supervising Capital Projects Manager – all of which had not previously participated in the original DBE GFE review and determination. The panel is required to provide a final decision on behalf of the Town of Paradise.

The Administrative Reconsideration Hearing was held on April 29, 2024. The panel concluded that the GFE submitted, as well as the information presented during the hearing by Lamon did not demonstrate Good Faith Efforts to meet the DBE contract goal. As a result, the bid submitted from Lamon has been deemed non-responsive.

The next lowest bidder, All-American Construction, Inc. also failed to meet the DBE goal with a commitment of 9.5%. Although the third lowest bidder, Baldwin Contracting Company dba Knife River Construction did meet the goal with a commitment of 17.36%, their bid was $5,845,590.64, 18% higher than the lowest bid.

Following review of the proposals received, and in consideration of the logistical consideration of Paradise Town Council previously indicating intent to award to Lamon on April 9, it is staff’s recommendation to rescind the award and reject all bids with immediate readvertisement.

Rejecting all bids and readvertising the project will delay the project schedule by two months. This action is supported by Public Contract Code Section 20166 which states:
20166. In its discretion, the legislative body may
reject any bids presented and readvertise.

Financial Impact:

FHWA Emergency Relief and HSIP funds have been authorized for construction and construction engineering phases at actual documented cost incurred.

The total estimated construction and construction engineering cost for the On-System Road Rehabilitation and HSIP project is $7,726,298. The estimated funding breakdown is shown on the next page. A detailed project accounting description for each project bid will be made available at the time of contract award.
289
2024 On-System Road Rehabilitation Project
Contract Items
Total
Estimated Cost
ER 38Y0(012)

75.25%

CDBG-DR ER
Match 24.75%
HSIP
5425(041)
90%

LTF HSIP
Match 10%
NonParticipating
(Utility
Adjustments)
Construction
Project 3 - 2024 $ 6,438,582.15 $ 4,712,608.19 $ 1,549,994.05 $ 13,481.92 $ 1,497.99 $ 161,000.00 Contingency (10%) $ 643,858.22 $ 471,260.82 $ 154,999.41 $ 1,348.19 $ 149.80 $ 16,100.00 Construction
Management
(10%) $ 643,858.22 $ 471,260.82 $ 154,999.41 $ 1,348.19 $ 149.80 $ 16,100.00 Total $ 7,726,298.58 $ 5,655,129.82 $ 1,859,992.87 $ 16,178.30 $ 1,797.59 $ 193,200.00 Total Available
Funding $ 41,063,869.77 $ 30,152,108.28 $ 9,917,138.60 $ 348,500.60 $ 38,722.29 $ 607,400.00 Balance $ 33,337,571.19 $ 24,496,978.45 $ 8,057,145.74 $ 332,322.30 $ 36,924.70 $ 414,200.00 Required On-System Road matching funds, $1,859,992.87 (24.75%), will be funded by Community Development Block Grant-Disaster Recovery fund. Required HSIP matching funds, $1,797.59 (10%), will be funded by Local Transit Funds.

Attachments:

A. Resolution
B. Caltrans Memorandum
C. Town of Paradise Re-evaluation of Good Faith Efforts D. DBE Goal Good Faith Effort Administrative Reconsideration Hearing Notice E. Town of Paradise Administrative Hearing Determination 290

TOWN OF PARADISE
RESOLUTION NO. 2024-_______

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE APPROVING THE UPDATED PLANS AND SPECIFICATIONS FOR THE 2024 ONSYSTEM ROAD REHABILITATION /HSIP SYSTEMIC INTERSECTION SAFETY

IMPROVEMENT PROJECT AND AUTHORIZING RE-ADVERTISEMENT FOR BIDS

ON THE PROJECTS
WHEREAS, on-system roads sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $55,439,200 allocation of Federal Highway Administration Emergency Relief Program funds; and, WHEREAS, the purpose of the Emergency Relief Program is Repair or reconstruction of Federal-aid highways and roads (“On-System”) which have suffered serious damage as a result of natural disasters; and,
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way; and, WHEREAS, the Town of Paradise has received a $9,938,178 allocation of United States Department of Housing and Urban Development (HUD) Community Development Block Grant – Disaster Recovery funds as matching funds; and, WHEREAS, the Town of Paradise has received a $1,229,300 allocation of Federal Highway Administration Highway Safety Improvement Program funds; and, WHEREAS, the purpose of the Highway Safety Improvement Program is to achieve a significant reduction in traffic fatalities and serious injuries on public roads; and, WHEREAS, the 2024 On-System Road Rehabilitation/HSIP Systematic Intersection Safety Improvement Project is consistent in scope with the approved Emergency Relief and Highway Safety Improvement Program funds; and, WHEREAS, the 2024 On-System Road Rehabilitation/HSIP Systematic Intersection Safety Improvement Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire; and, WHEREAS, the Town Council approved the original Plans, Specification and Estimates and authorized advertisement for bids on the 2024 On-System Road Rehabilitation/HSIP Systematic Intersection Safety Improvement Project on the 12th day of December 2023; and
WHEREAS, the Town Council received three bids, with the apparent low bid being received from Lamon Construction Co. Inc. (“Lamon Construction”); and 291

TOWN OF PARADISE
RESOLUTION NO. 2024-___
2 WHEREAS, the State of California Department of Transportation (“Caltrans”) issued a ruling that Lamon Construction’s good faith efforts related to the inclusion of disadvantaged business enterprise (“DBE”) subcontractors in its bid fell short of the standard required by Caltrans; and
WHEREAS, the Town of Paradise held an administrative reconsideration hearing with Lamon Construction related to its good faith efforts to include bids from DBE subcontractors to give Lamon Construction an opportunity to provide additional evidence of its good faith efforts; and
WHEREAS, following the administrative reconsideration hearing, the administrative reconsideration hearing panel accepts the determination of Caltrans and declares the bid of Lamon Construction non-responsive; and WHEREAS, the Town has determined that it would be appropriate in this instance to reject all bids and to re-advertise for the 2024 Off-System Road Rehabilitation Project.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise, as follows:

Section 1. The above recitals are true and are incorporated as if fully set forth herein.

Section 2. The updated design, plans, specifications and estimate for the 2024 OnSystem Road Rehabilitation/HSIP Systematic Intersection Safety Improvement Project described in the Town Council Agenda Summary for this Resolution are hereby approved.

Section 3. The Public Works Department is authorized to re-advertise the 2024 OnSystem Road Rehabilitation/HSIP Systematic Intersection Safety Improvement Project PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Ronald Lassonde, Mayor
ATTEST:

Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
292
State of California California State Transportation Agency

DEPARTMENT OF TRANSPORTATION
Memorandum
To: TRACY COAN Date: April 19, 2024
Local Civil Compliance Liaison
Division of Local Assistance File: ER38Y0(012)/
HSIPL5425(041)
From: DENA JOSEPH
Senior Transportation Engineer
Engineering Support Branch
Office of Civil Rights
Subject: TOWN OF PARADISE GOOD FAITH EFFORT EVALUATION
The Town of Paradise determined that the Disadvantaged Business Enterprise (DBE) contract goal for this project is 17.0%. According to the documentation provided by the Town of Paradise, the DBE commitment listed the apparent lowest bidder, Lamon Construction Co. (Lamon), is 6.93% or $ 344,050.00 of the total bid for road rehabilitation project.

The Engineering Support Branch (ESB) has reviewed the submitted Disadvantaged Business Enterprises (DBE) forms from Lamon. ESB determined that Lamon‘s DBE commitment of 6.93% or $ 344,050.00 did not meet the 17.0% contract goal.

ESB does not concur with the Town of Paradise’s determination that Lamon did demonstrate adequate Good Faith Effort (GFE) to meet the contract goal.

According to the DBE Program, when a bidder has not committed to meet the contract goal, ESB evaluates the bidder’s good faith efforts using Appendix A of 49 CFR Part 26.

EVALUATION OF GOOD FAITH EFFORT DOCUMENTATION
The Good Faith Efforts (GFE) are all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation.
293 “Provide a safe and reliable transportation network that serves all people and respects the environment” Contract No. ER38Y0(012)/HSIPL5425(041)
April 19, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” A. Outreach Efforts
In Part A of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, the Contractor was asked to describe their outreach efforts, list the dates, location and results.

Lamon reached out to 2 publications and started their advertisements 22 days before bid opening for solicitation of DBE subcontractors and suppliers. This allowed the DBE firms sufficient time to respond to the solicitation as well as provided adequate information about the contract.

The following table indicates a summary of Lamon’s advertisements.

Publications Advertisement Date Bid
Opening
Date
Number of
Days
Published
Supporting
Documents
Provided
California Bid
Register
1/31/24 2/22/24 22 Yes
California Bid
Bulletin
2/2/24 2/22/24 20 Yes
Lamon provided a copy of the advertisements in the GFE supporting documentation.

B. Documentation of Solicitation Efforts and Follow Up
In Part B of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, Lamon was to list the name of DBEs, the date of initial solicitation, items of work offered, and the follow up methods. Lamon stated, “** See attached list.” Lamon indicated that they utilized the B2GNow California Unified Certification Program (B2Gnow). Lamon provided a copy of the search, which resulted in DBE 258 firms. Lamon searched for DBE firms in District 3 and the following work codes:

Work/ NAICS
Code
Category
C0639 ASPHALT SUPPLIER (BULK ITEM)
C0651 CONCRETE & CEMENT SUPPLIER (BULK ITEM)
C0800 TRAFFIC STRIPES, MARKING AND TRAFFIC CONTROL MATERIALS

SUPPLIER
C1200 CONSTRUCTION AREA SIGNS
C1201 TRAFFIC CONTROL SYSTEM
294
Contract No. ER38Y0(012)/HSIPL5425(041)
April 19, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” C1522 RESET, ADJUST ROADWAY ITEMS
C1531 PLANE ASPHALT CONCRETE
C1532 REMOVE CONCRETE
C1601 CLEARING & GRUBBING
C1901 ROADWAY EXCAVATION
C1930 STRUCTURE BACKFILL
C2501 AGGREGATE SUBBASE (AS)
C2602 AGGREGATE BASE (AB)
C3600 PENETRATION TREATMENT & PRIME COAT
C37 BITUMINOUS SEAL
C39 ASPHALT CONCRETE
C3910 PAVING ASPHALT (ASPHALT CONCRETE)
C3930 PAVEMENT REINFORCING FABRIC
C3940 PLACE ASPHALT CONCRETE DIKE & MISC
C3990 RECYCLE, RECLAIM ASPHALT CONCRETE PAVEMENT
C4010 PORTLAND CEMENT & CONCRETE PAVEMENT
C5100 CONCRETE STRUCTURE
C5105 MINOR CONCRETE STRUCTURE
C5110 CONCRETE SURFACE FINISH
C5190 JOINT SEAL – WATER STOP
C5201 REINFORCING STEEL
C5601 SIGN STRUCTURE
C5620 ROADSIDE SIGN
C7200 ROCK SLOPE PROTECTION
C7215 CONCRETED-ROCK SLOPE PROTECTION
C7250 SACKED CONCRETE
C7301 CONCRETE CURB & SIDEWALK- MISC
C8101 SURVEY OR HISTORICAL MONUMENT
C8201 OBJECT MARKER
C8330 METAL RAILING
C8331 CONCRETE BARRIER (PERMANENT)
C8391 BITUMINOUS SEAL
C8396 ASPHALT CONCRETE
C8405 THERMOPLASTIC TRAFFIC STRIPING & MARKING
C8406 PAINTED TRAFFIC STRIPING & MARKING
C8407 REMOVE PAVEMENT MARKING & TRAFFIC STRIPES
C8460 RUMBLE STRIP
C8501 PAVEMENT MARKER
C8605 MESSAGE SIGNS, LIGHTING & SIGN ILLUMINATION
C8608 DETECTOR
C8760 LAND SURVEYOR
295
Contract No. ER38Y0(012)/HSIPL5425(041)
April 19, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” C8773 CONSTRUCTION MANAGEMENT – HIGHWAY, STREET, AND

BRIDGE CONSTRUCTION
C8851 LEAD COMPLIANCE
C8852 SWPPP PLANNING
C9609 STREET SWEEPING TRUCK
C9826 LAND SURVEYING
C9903 CONSTRUCTION CLEAN UP
561790 CLEANING, POWER SWEEPING, DRIVEWAY CLEANING, PARKING

LOT CLEANING
237310 HIGHWAY, STREET, AND BRIDGE CONSTRUCTION
ESB performed an independent search of the B2GNow database using the criteria of Butte County and the services needed for this contract:

Work Code Category
C1201 TRAFFIC CONTROL SYSTEM
C1522 RESET, ADJUST ROADWAY ITEMS
C1601 CLEARING & GRUBBING
C3901 ASPHALT CONCRETE
C3940 PLACE ASPHALT CONCRETE DIKE & MISC
C3990 RECYCLE, RECLAIM ASPHALT CONCRETE PAVEMENT
C5620 ROADSIDE SIGN
C7301 CONCRETE CURB & SIDEWALK- MISC
C7500 MISC IRON & STEEL FRAME, COVER & GRATE
C8101 SURVEY OR HISTORICAL MONUMENT
C8405 THERMOPLASTIC TRAFFIC STRIPING & MARKING
C8780 ENGINEERING- GEOTECHNICAL
C8794 ENVIRONMENTAL – WATER QUALITY
C8851 LEAD COMPLIANCE
C9602 BOTTOM DUMP TRUCK
C9607 END DUMP TRUCK
C9609 STREET SWEEPING TRUCK
C9826 LAND SURVEYING
ESB identified a total of 219 certified DBE firms, not including trucking.

Lamon did most of their solicitations via email on February 5, 2024, February 13, 2024, and February 16, 2024. Detailed results of their phone solicitations were not included in the supporting documentation.

Date Solicitation Method Successful Total
296
Contract No. ER38Y0(012)/HSIPL5425(041)
April 19, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” 2/5/24 Initial Fax 34 34
2/5/24 Initial Email 258 262
2/13/24 Follow-up Email 262 262
2/14/24 Follow-up Phone 34 34
2/16/24 Follow-up Email 255 262
Detailed phone results are summarized in the table below:

Date Solicitation Method Not
Interested
Left
Voicemail
Total
2/14/24 Follow-up Phone 21 13 34
Lamon provided proof of follow up efforts and the results. The results are summarized below:
 Voice messages left to 13 DBE firms
 21 DBE firms indicated they would not bid
 0 DBE firms would submit a bid
 0 DBE firms were interested in bidding
Lamon contacted between 255-262 firms via email on February 5th, 13th, and 16th.

However, Lamon only followed up with phone calls to 34 firms on February 14, 2024. There were more than 200 firms that they did not follow up with. Had they followed up with additional firms, Lamon could have increased DBE participation.

At bid time, Lamon had confirmations for only 1 DBE firm, T & S, Inc., as a result of their solicitation efforts.

C. Work Made Available to DBEs
In Part C of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, the Contractor was asked to select portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved, including breaking out contract work items into economically feasible units to facilitate DBE participation.

Lamon provided a list of items of work offered, services offered, or materials supplied, including the following:
 Lead Compliance Plan
 Traffic Control System
 Portable Changeable Message
Sign
 Job Site Management
 Clearing and Grubbing
 Construction Surveys
 Roadway Excavation
 Shoulder Backing
 Class 2 Aggregate Base
 Full-Depth Reclamation Cement
297
Contract No. ER38Y0(012)/HSIPL5425(041)
April 19, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment”  Prepare Storm Water Pollution
Prevention Plan
 Street Sweeping
 Pothole Data
 Place HMA Dike
 Remove AC Dike
 Remove Concrete
 Detectable Warning Surface
 Adjust Utilities to Grade
 Thermoplastic Pavement
Marking
 Thermoplastic Traffic Stripe
 Asphaltic Emulsion
 Pulverized Roadbed
 Hot Mix Asphalt (Type A)
 Cold Plane Asphalt Concrete
 Adjust Inlet
 Minor Concrete
 Roadside Sign (One Post)
 Remove/Relocate Monument
 Remove/Relocate Roadside
Sign
 Pavement Markers
According to the list of items of work provided, Lamon’s list appears to make all bid items available, which would be 100% of the items, or $4,961,786.55, to DBE firms. However, they only submitted 6.93% DBE participation.

D. Rejected DBEs
In Part D of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, the Contractor was asked to list the items of work, names of firms that were selected over the rejected DBE firm, and the quote amount. If a non-DBE firm was selected over a DBE firm, provide the price difference, reasons for selection and evidence to why additional agreements could not be reached for DBEs to perform the work.

Lamon left this section blank on their Exhibit 15-H.

Lamon did not provide all accepted and rejected DBE quotes. ESB cannot verify if non-DBE firms were selected over a DBE firm for other work items that could have been completed by DBE firms. Additionally, the quote for the selected DBE firm, T&S Inc. Providing quotes of the selected DBE firms is a requirement of Caltrans Standard Specifications, section 2-1.12B(2).

E. Assistance Given on Plans, Specifications, and Contract Requirements In Part E of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, Lamon stated, “Lamon offered assistance in both advertisements & solicitation letters sent to DBEs.” A copy of their advertisements state, “Call for Plans & Specifications.”
There is no evidence or assertion that Lamon assisted any DBE subcontractor and/or suppliers during the bid advertisement period.
298
Contract No. ER38Y0(012)/HSIPL5425(041)
April 19, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” F. Assistance or Services Offered for Bonding, Lines of Credit, Insurance, Equipment, Supplies, Materials
In Part F of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, Lamon stated, “Lamon offered assistance in both advertisements & solicitation letters sent to DBEs.” A copy of their advertisements state, “Please call for assistance with bonding, lines of credit, insurance or other information to help obtain any necessary equipment, supplies or materials needed for this project.” There is no evidence or assertion that Lamon assisted any DBE subcontractor and/or suppliers during the bid advertisement period.

G. Contacting Recruitment Agencies
In Part G of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, Lamon provided a list of agencies/organizations that they contacted.

Lamon provided supporting documentation indicating that they contacted the following minority or women’s community organizations, minority or women’s contractors’ groups, local, state, and federal minority or women’s business assistance offices, and other organizations:

Agency/Organization Method/Date of
Contact
Results
Sacramento Black Chamber Fax – 2/2/24 No Response
Sacramento Asian Chamber Fax – 2/2/24 No Response
NAWBO Sacramento Valley Fax – 2/2/24 No Response
Sacramento Hispanic Chamber Fax – 2/2/24 No Response
US SBA Sacramento District Ofc Fax – 2/2/24 No Response Assoc. General Contractors Fax – 2/2/24 No Response
US Dept. of Commerce MBDA Posting – 2/2/24 N/A
US SBA Subnet Posting – 2/2/24 N/A
State of CA, Caltrans Website Website- 2/5/24 Printed list of DBEs Federal CCR Pronet Website Website- 2/5/24 Printed list of DBEs Lamon did not receive any response from the above agencies.

H. Additional Good Faith Efforts
In Part H of the “Exhibit 15-H: Proposer/Contractor Good Faith Efforts” form, Lamon stated, “In addition to sending solicitation letters Lamon performed follow-up phone calls to assess the level of DBE interest and to provide information to assist DBEs in providing a quote.”
299
Contract No. ER38Y0(012)/HSIPL5425(041)
April 19, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment” There is no evidence or assertion of additional good faith efforts performed for this contract by Lamon.

I. Bidder Comparison of DBE Commitment
The lowest bidder, Lamon’s, apparent DBE participation is 6.93% of the total bid.

Lamon did not meet the contract goal of 17.0%.

The second lowest bidder, All-American Construction, Inc. (All-American) apparent DBE participation is 9.52% of the total bid. All-American did not meet the 17.0% DBE goal.

The third lowest bidder, Knife River Construction (Knife River) apparent DBE participation is 17.36% of the total bid. Knife River appears to meet the 17.0% DBE goal.

The bids were as follows:

Bid
Rank Bidder Bid Amount Claimed DBE Commitment
Confirmed DBE
Commitment
1 Lamon $4,961,786.55 $344,050.00 or

7.0%
$344,050.00 or

6.93%
2 All-American $ 5,360,408.95 $510,450.00 or

9.52% -
3 Knife River $5,845,590.65 $1,014,875.00 or

17.36% -
300
State of California California State Transportation Agency

DEPARTMENT OF TRANSPORTATION
“Provide a safe and reliable transportation network that serves all people and respects the environment”

CONCLUSION
ESB has determined that Lamon did not meet the contract goal and did not demonstrate adequate good faith efforts through soliciting by indirect and direct methods. ESB considers the quantity, quality, and intensity of the different kinds of efforts that Lamon has made. Based on the following facts:
 In Part D of the "Exhibit 15-H: Proposer/Contractor Good Faith Efforts" form, the Contractor was asked to list the items of work, names of firms that were selected over the rejected DBE firm, and the quoted amount. However, Lamon left this section blank on their Exhibit 15-H and did not provide any information regarding rejected DBE firms.
 Lamon did not provide all accepted and rejected DBE quotes. ESB cannot verify if non-DBE firms were selected over a DBE firm for other work items that could have been completed by DBE firms. Additionally, the quote for the selected DBE firm, T&S Inc. was not included in the documentation.

Providing quotes from the selected DBE firms is a requirement of Caltrans Standard Specifications, section 2-1.12B(2).
 Lamon contacted between 255-262 firms via email on February 5th, 13th, and 16th. However, Lamon only followed up with phone calls to 34 firms on February 14, 2024. There were more than 200 firms that they did not follow up with. Had they followed up with additional firms, Lamon could have increased DBE participation
 Lamon’s list appears to make all bid items available for subcontracting, which would be 100% of the items, or $4,961,786.55, to DBE firms. However, they only submitted 6.93% DBE participation.
 Lamon only submitted 6.93% DBE participation and did not meet the 17% DBE goal for the contract. However, the 3rd lowest bidder was able to meet the DBE goal.
 There is no evidence or assertion of additional good faith efforts performed for this contract by Lamon aside from the efforts discussed in Part B of this memo.
 Lamon did not demonstrate that they took all necessary and reasonable steps and available means to obtain sufficient DBE participation for this contract.
301
Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
EXHIBIT 9-E SAMPLE EVALUATION OF GOOD FAITH EFFORTS
Memorandum
To: PROJECT FILE Date:

Federal-Aid Project Number:

Bid Opening Date:

Bidder:

Type of Work:

Bid Amount:

From:

Subject: Evaluation of Good Faith Efforts
The established a Disadvantaged Business Enterprise (DBE) goal of percent for this contract. The bidder commits [count only qualifying DBE participation] percent DBE participation.

The 's evaluation of the apparent low bidder's Good Faith Efforts is 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. The efforts of the bidder were reviewed by the from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts signed and submitted by
The determined that the Low Bidder demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.

EVALUATION
A. Items of work the bidder made available to DBE firms B. Solicitation effort documentation

January 2020
3/8/24
ER38Y0(012)/HSIPL 54
02/22/2024
Lamon Construction Co.

Road Rehabilitation/HSIP
4961786.55
Town of Paradise
17 7
Town of Paradise
Town of Paradise
Town of Paradise
Town of Paradise
Town of Paradise did
The low bidder stated on Exhibit 15-H DBE Information - Good Faith Efforts (C) that all items of work were made available to DBE firms. The low bidder separated the work into feasible units in the provided advertising and the invitation to bids.
258 DBEs were contacted from a list generated by the Caltrans DBE Query Database. The contact was made on February 2, 2024. The bid was due on February 22, 2024.

DBE firms were provided all pertinent project information including bid date and time, project scope for subcontracting, location to view the entire bid invitation, and contact information for follow-up. The low bidder solicited through emails and fax.

Proof of these efforts is provided in the Good Faith Effort submittal. 302
Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
Use the California Unified Certification Program online database at:
https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search C. Rejected DBE documentation
D. Publication effort made to advertise the projects to include DBE participation E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
F. Efforts to provide information about the plans, specifications, and contract requirements
G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or services
H. Additional data to support a demonstration of Good Faith Effort

FINDING OF THE
The finds that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE contract goal for the reasons cited in this evaluation.

Submitted by: Approved by:
*Must be approved by someone other than the reviewer.

January 2020
All DBEs contacted are capable of performing work solicited.

ABSL Construction (bid item 21) and Heir & Son Construction (bid item 2) were rejected due to cost.

T&S, a certified DBE was chosen instead of Heir and Sons Construction for bid item 2, Traffic Control.

Published ad on 02/02/24 in the US Dept of Commerce MBDA, USA SBA Subnet, California Bid Regi ster, California Bid Bulletin. Proof in GFE.

The low bidder advertised in the Compliance News Trade and Focus Journal which queried for DBE through the California Unified Certification Program, the Federal System for Award Management, the SBA PRO-Net database, the Department of General Services Cal eProcure database, and the B2Gnow database.

The low bidder provided information on how to obtain bid information in the email and the fax solicitations as well as a low bidder contact email and phone number.

The low bidder's solicitations included contact information and an interest response request in the email solicitation.

The 2nd low bidder, All-American Construction, did not meet the DBE goal of 17%. All-Americans DBE Contract commitment was 9.5%, which is 2.5% higher than the low bidder. 2.5% is not substantially more than the low bidder and good faith effort was met.

Town of Paradise
Town of Paradise
Jessica Erdahl Marc Mattox
Capital Projects Manager Town Engineer/Public Works Director 303
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ABSL Construction DIR Registration No. 1000002818
29393 Pacific Street, Hayward, CA 94544 Contractors License A 621781 TE: (510) 727-0900 Fax: (510) 727-0912 SMBE & DBE Certification CT-005270 Bid Quotation
Grinding
BID
Daily Minimum Charge $00.00
This price is for a 48" inch or 24” inch cold planer machine, Wirtgen W 120CFi. Up to 10 inches depth.$100.00 additional for Night work. $525.00 per hour overtime. $400.00 additional for Saturday work. $800.00 additional for Sunday work.DGGLWLRQDOIRU PXOWLSOH[
Daily Minimum Charge $500.00
This price is for a high horsepower 80" inch or 87" inch cold planer machine, Wirtgen W 210. Up to 12 inches depth. $00.00 additional for Night work $750.00 per hour overtime. $700.00 additional for Saturday work. $1200.00 additional for Sunday work. 0XOWLSOH[V\VWHPLQFOXGHG
Daily Minimum Charge Micromill $,00.00
This price is for an 80” inch cold planer machine, Wirtgen W210 Equipped with a ¼” inch spacing drum with multiplex system for segment corrections or pre-paving corrections. Up to 2” inches depth max. $00.00 additional for Night work $950.00 per hour overtime. $600.00 additional for Saturday work. $1200.00 additional for Sunday work
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Daily Minimum Charge $500.00
This price is for an 80" inch cold planer machine, Wirtgen W 200i. Up to 12 inches depth. . $00.00 additional for Night work $700.00 per hour overtime. $700.00 additional for Saturday work. $1200.00 additional for Sunday work. 0XOWLSOH[V\VWHPLQFOXGHG 3URMHFW1DPH
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423
To: Quote No: 24-01679
Fax: (530) 671-7482
Phone: (530) 671-1370
Bid Date: 2/15/2024
From: Tom Gallinetti Email: [email protected] 10240 San Sevaine Way, Jurupa Valley, CA 91752
Phone: (951) 682-1091 Fax: (951) 682-1094
CA License # 569352
OR License # 185556
DIR # 1000003363
UT License # 6982390-5501
ID License # 015231-AA-2
NV License # 0036228
AZ License # 183900
WA License # 602-840-640
Proposal and Contract
Pavement Recycling Systems, Inc.

John Zilich
Lamon Construction, Inc.
871 Von Geldern Way
Yuba City, CA 95991
[email protected]
Item # Estimated Item Description Quantity Unit Unit Price Total Price Paradise - On-System Roadway Rehab 2024
1 - Unit Pricing
12 Full Depth Reclamation - Cement 48,640.00 SY $3.30 $160,512.00 13 Cement (Full-Depth Reclamation-Cement) 1,118.00 TON $198.00 $221,364.00 16 Mix Design (Full Depth Recycling-Cement) 7.00 EACH $7,000.00 $49,000.00 2 - FDR Option
12A FDR - Extra Crew Shift 1.00 EACH $16,800.00 $16,800.00 3 - Shift Rates
CM3 4' Cold Mill - Shift Rate 1.00 EACH $3,600.00 $3,600.00 CM4 4' Cold Mill - OT Rate 1.00 HR $500.00 $500.00
CM7 7' (Half-Lane) Cold Mill - Shift Rate 1.00 EACH $4,400.00 $4,400.00 CM8 7' (Half-Lane) Cold Mill - OT Rate 1.00 HR $650.00 $650.00 CM9 Cold Mill - Mobilization 1.00 EACH $550.00 $550.00
RSP1 Pulverizer/Mixer - Shift Rate 1.00 EACH $6,000.00 $6,000.00 RSP4 Pulverizer/Mixer - Mobilization 1.00 EACH $1,250.00 $1,250.00 Terms and Conditions
• Full Depth Recycling-Cement (Items 12 , 13 & 16) Includes:
· One (1) Crew Mobilization.
· Pre-Pulverize of AC pavement and subgrade materials to meet FDR depth · Furnish Portland Cement at a rate up to 5%
· Spread, initial mix and initial compaction (Compaction for .8' Thick FDR or greater ONLY) · Water trucks (for stabilization work only)
· Material quantity based on soil weight up to 120 P.C.F. (rate of application for estimating purposes only) · Underground alert notification
· Weekday Shifts
· Mix Design - Sample gathering, lab testing and determination of surface application rate to achieve specified compressive strength. (3 Days of TC needs to be provided by customer)
· FDR-C and Pulverizing to be completed within EIGHT (8) shifts and ONE (1) Mobilization. · Extra Crew Shift includes: Pulverizing and FDR

www.pavementrecycling.com
Tom Gallinetti
424
EXHIBIT 9-E EVALUATION OF GOOD FAITH EFFORTS

MEMORANDUM
To: PROJECT FILE Date: 04/23/24
Federal-Aid Project Number: ER38Y0(012)/HSIPL 5425(041) Bid Opening Date: 02/22/2024
Bidder: Lamon Construction Co
Type of Work: Bid Amount: Road Rehabilitation/HSIP
Bid Amount: $4,961,786.55
From: Town of Paradise
Subject: Evaluation of Good Faith Efforts
The Town of Paradise established a Disadvantaged Business Enterprise (DBE) goal of 17% for this contract.

The bidder commits 6.93% DBE participation.

The Town of Paradise’s evaluation of the apparent low bidder's Good Faith Efforts is 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. The efforts of the bidder were reviewed by the Town of Paradise from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts signed and submitted by Contractor.

The Town of Paradise determined that the Low Bidder did not demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.

EVALUATION
A. Items of work the bidder made available to DBE firms The low bidder stated on Exhibit 15-H DBE Information - Good Faith Efforts Section (C) that all items of work (100%) were made available to DBE firms. Lamon noted that the bidder (prime contractor Lamon) normally does not perform any of the item of work. Appears to be an inconsistency with this statement.

The Low Bidder did not separate the work into economically feasible units on Exhibit 15-H DBE Information - Good Faith Efforts Section (C) and noted N/A in this column. It appears that 100% of each bid item was made available to DBE firms.

B. Solicitation effort documentation
258 DBEs were contacted from a list generated by the CUPC database and Small Business Association website. The initial contact, done by fax and email, was made on February 5, 2024.

The bid was due on February 22, 2024. Some of the 258 contractors listed in the initial contact are self-certified DBE or small business firms listed on the SBA website and are not listed on the approved CUCP website. In order to meet DBE eligibility, those contractors would also need to be approved by the CUCP. Example ineligible subcontractors are Santos Excavating, Franklin Construction, and Rock Creek Construction.
425
Email documentation noted 258 DBE firms were attempted contact via e-mail on 2/5/24, and 3 were unsuccessfully delivered. Follow-up e-mails were sent on 02/09/24, 02/13/24, 02/15/24, 02/16/24.

Fax transmission sheets for 34 firms were provided in the GFE document. A fax log noted 50 firms were attempted contact via fax and 18 were successfully sent. Some inconsistencies on how many firms were successfully contacted via fax.

Phone log noted follow-up contact with 34 firms on 02/14/24. Phone follow up with additional firms may have increased the DBE participation on this project.

DBE firms were provided all pertinent project information including bid date and time, project scope for subcontracting, location to view the entire bid invitation, and contact information for follow-up.

Proof of these efforts is provided in the Good Faith Effort submittal.

C. Rejected DBE documentation
ABSL Construction (bid item 21) and Heir & Son Construction (bid item 2) were rejected due to cost. Lamon did not provide all accepted and rejected quotes at the time of original GFE submittal, a requirement of Section D of Exhibit 15-H. This section of the GFE was left blank.

Quotes from ABSL, PRS, and T&S were received upon request.

PRS, a non-DBE firm, was chosen instead of ABSL a certified DBE firm for bid item 21, Cold Plane Asphalt Concrete. PRS daily rate of $4,400 is 80% of ABSL’s daily rate of $5,500. Selecting the DBE firm would have increased the bid item cost by $222,808.

T&S, a certified DBE was chosen instead of Heir and Sons Construction, also a certified DBE, for bid item 2, Traffic Control System.

D. Publication effort made to advertise the projects to include DBE participation Published ad on 02/02/24 in the US Dept of Commerce MBDA, USA SBA Subnet, California Bid Register, California Bid Bulletin. Proof in GFE.

E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
Low bidder contacted the following organizations to solicit DBE participation: Sacramento Black Chamber, Sacramento Asian Chamber, NAWBO Sacramento Valley, Sacramento Hispanic Chamber, and Associated General Contractors.

F. Efforts to provide information about the plans, specifications, and contract requirements The low bidder provided information on how to obtain bid information in the email and the fax solicitations as well as a low bidder contact email and phone number.

G. Assistance with bonding, lines of credit, Insurance, equipment, supplies, materials, and/or services
The low bidder's solicitations included contact information and an interest response request in the email solicitation.
426
H. Additional data to support a demonstration of Good Faith Effort The 2nd low bidder, All-American Construction, did not meet the DBE goal of 17%. All-Americans DBE Contract commitment was 9.5%, which is 2.5% higher than the low bidder. However, Knife River Construction, the 3rd lowest bidder did meet the DBE goal with a commitment of 17.36%.

However, KRC’s bid was $5,845,590.65, 18% higher than the low bid.

Lamon Construction Co did not take all of the necessary and reasonable steps to meet the DBE goal of 17% based on the follow facts:
• The Low Bidder did not separate the work into economically feasible units on Exhibit 15- H DBE Information - Good Faith Efforts Section (C) and noted N/A in this column. • Some of the 258 contractors listed in the initial contact are self-certified DBE or small business firms listed on the SBA website and are not listed in the approved CUCP website. In order to meet DBE eligibility, those contractors would also need to be approved by the CUCP.
• Phone log noted follow-up contact with 34 of the 258 firms. Phone follow up with additional firms may have increased the DBE participation on this project. • Lamon did not provide all accepted and rejected quotes at the time of original GFE submittal, a requirement of Section D of Exhibit 15-H. This section of the GFE was left blank. The Town cannot verify if a non-DBE firm was selected over a DBE firm, without all accepted and rejected quotes.

FINDING OF THE Town of Paradise
The Town of Paradise determined that the Low Bidder did not demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.

Submitted by:

Name:

Title: Supervising Project Manager
Approved by:

Name:

Title: Public Works Director/Town Engineer
*Must be approved by someone other than the reviewer.
427
Town of Paradise
Public Works Department
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Working together to rebuild a thriving community.

April 22, 2024
Lamon Construction Co., Inc.
871 Von Geldern Way
Yuba City, CA 95991
RE: On-System Roadway Rehabilitation 2024, Contract No. 7303.3 CON DBE Goal Good Faith Effort Administrative Reconsideration Hearing The Good Faith Effort (GFE) to meet the DBE contract goal of 17% by low bidder, Lamon Construction Co., Inc has been determined to be inadequate. Per 49 CFR 26.53(d), the Town of Paradise is inviting the low bidder to an Administrative Reconsideration Hearing for reconsideration of the GFE adequacy. The hearing will be held at 5555 Skyway, Paradise, CA 95969 on the following date/time:

Monday, April 29th, 2025 at 10:00 AM
High level representatives of the Town of Paradise will make up a three-person panel. The Town Manager will chair the Administrative Reconsideration Panel providing the final decision on behalf of the Town of Paradise.

As a part of the reconsideration, Lamon Construction Co., Inc. will have the opportunity to provide written documentation or argument concerning the issue of whether it made an adequate good faith efforts to meet the DBE goal. Within five (5) business days of the reconsideration hearing, the Town of Paradise will send a written decision on the reconsideration, explaining the basis for the findings.

The result of the reconsideration process is not administratively appealable to the Town of Paradise, Caltrans or the USDOT.

If you have any questions regarding this hearing, please contact Jessica Erdahl or me at [email protected] or [email protected], respectively.

Sincerely,
Marc Mattox,
Public Works Director/Town Engineer
Attachments:

1. Caltrans Memorandum – Town of Paradise Good Faith Effort Documentation 428
429
430
431
432

Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(f)
ORIGINATED BY: Marc Mattox, Public Works Director
Eric Reinbold, Police Chief
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Animal Shelter Expansion – PSE Approval and
Authorize Advertisement for Bids.

LONG TERM
RECOVERY PLAN:

N/A
COUNCIL ACTION REQUESTED:

1. Discuss and consider adopting Resolution No. 2024- , “A resolution of the Town Council of the Town of Paradise approving the revised plans and specifications for the Animal Shelter Expansion Project and authorizing advertisement for bids on the project.” (ROLL

CALL VOTE)
Background:

The Town of Paradise Animal Control Shelter facility has been identified for need of expansion to address the operational needs of the staff, volunteers, and animals served. The Shelter was originally constructed in 1981 with minimal modifications since this time.

During the 2022/2023 Fiscal Year, Paradise Town Council agreed to accept an in-kind donation from Paradise Animal Shelter Helpers (PASH) for the preparation of design building plans. Further the Town of Paradise Town Council approved combined funding $600,000 the construction of the expansion. As part of this arrangement, PASH agreed to infill the new facility with necessary furniture, equipment and operations items to complete the project.

PASH completed the project design and recently received Town-approved building plans/permits.

In summary, the expansion includes improvements as follows:
 More than doubling the capacity for the cat population  Improved outdoor access and exercise areas for both cats and dogs  A meet and greet room for people to interact with potential adoptees  Separate cat and dog isolation and quarantine areas
 Enhanced public reception and staff work areas
 Much needed exam, treatment and bathing rooms
 An indoor storage room for shelter supplies
On October 10, 2023, Paradise Town Council approved the project Plans and Specifications while authorizing staff to seek bids.

On November 16, 2023, the Town Clerk’s Office received and opened two bids for the Shelter Expansion Project. The bid results and Engineer’s Estimate are provided on the next page:
433
November 16, 2023 Bid Results
Original Engineer’s Estimate $534,000
Dynamic Trades, Inc. $903,676
Experts in Your Home $1,303,305
On December 12, 2023, Town Council rejected all bids and provided direction to repackage the Plans and Specifications with a refined bid package by a firm contracted directly by the Town of Paradise. This direct contract would allow staff to use the work products developed by PASH and incorporate lessons learned from the first bid cycle – ensuring that a revised project will meet the standards necessary to reduce cost as much as possible.

Analysis:

Following Council direction, Town staff issued a Purchase Order to Nichols, Melburg and Rosetto Architects + Engineers (NMR) to prepare a new bid package including full plan revisions and updates resulting from site investigations and increased coordination efforts with both Town and volunteer staff.

As a result of the renewed efforts with NMR, additional work was discovered to be required for the successful completion of the expansion project. This additional work includes civil site work, grading, drainage, emergency generator, and other utility work.

With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Advertise for bid: May 15, 2024
Award Contract: June 2024
Construction: Summer to late 2024
The plans and specifications for the project are on file in the Public Works office for review.

Financial Impact:

With the appropriate expansion project fully designed, current estimates for the completion of the project exceed previously identified funding. The current estimates for project construction is $2.8M.

Staff recommends funding for the Animal Shelter Expansion Project to come from the following sources:
- $400,000 American Rescue Plan Act (ARPA)
- $200,000 Measure V FY23/24
- $500,000 Measure V FY24/25 (new)
- $1,700,000 Paradise PRO Funds reserved for projects
434

TOWN OF PARADISE
RESOLUTION NO. 2024-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

APPROVING THE PLANS AND SPECIFICATIONS FOR THE ANIMAL

SHELTER EXPANSION PROJECT AND AUTHORIZING ADVERTISEMENT

FOR BIDS ON THE PROJECT
WHEREAS, the original Paradise Animal Shelter was constructed in 1981 and is in need of additional capacity to meet the need of staff, volunteers and animals served: and,
WHEREAS, expansion of the Animal Shelter will:
 More than doubling the capacity for the cat population  Improved outdoor access and exercise areas for both cats and dogs  A meet and greet room for people to interact with potential adoptees  Separate cat and dog isolation and quarantine areas
 Enhanced public reception and staff work areas
 Much needed exam, treatment and bathing rooms
 An indoor storage room for shelter supplies
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The design, plans, specifications and estimates for the Animal Shelter Expansion Project described in the Town Council Agenda Summary for this Resolution are hereby approved.

Section 2. The Public Works Department is authorized to advertise the Animal Shelter Expansion Project.

Section 3. The Animal Shelter Expansion Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15301.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Ronald Lassonde, Mayor
ATTEST: APPROVED AS TO FORM
__________________________ _________________________________ Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 435

Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(g)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Award Construction Contract - 2024 Off-System Road Rehabilitation

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2024- , “A Resolution of the Town Council of the Town of Paradise Awarding Construction Contract No. 8407.2 CON, 2024 Off-System Road Rehabilitation Project, to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid and designating authority to the Town Manager to Execute an Agreement with Baldwin Contracting Company, Inc. dba Knife River Construction and to approve contingency expenditures not exceeding 10%”. (ROLL CALL VOTE)
Background:

Due to the ongoing recovery effort and debris removal operations within the Town and Butte County, the Town’s off-system roadway infrastructure sustained heavy damage in the wake of the Camp Fire. The pavement structural sections were damaged in two ways:

1. Pavement Scarring due to Car Fires – On the day of the Camp Fire, several motorists were required to abandon their vehicles and continue evacuating on foot. The subsequent car fires damaged the pavement, justifying the need for repair.

2. Pavement structural section damage due to heavy truck traffic – Following the Camp Fire, the Town experienced a staggering level of truck traffic. During the CALOES Debris Removal effort, over 3.7 million tons of material was removed, equivalent to approximately 300,000 truckloads.

During that same period, PG&E, Comcast, and AT&T restored their damaged distribution infrastructure. Additionally, PG&E removed over 92,000 trees, and an additional 100,000 trees were removed in 2020 as part of the Hazard Tree Removal Program. The volume of trucks using the Town’s off-system roads has resulted in damage to the pavement structural section, justifying the need for rehabilitation.

The Town coordinated with the Federal Emergency Management Agency (FEMA) to secure Public Assistance permanent restoration funding to repair damaged off-system roads town wide.

Through the Public Assistance Program, the Town of Paradise has been approved for $38,290,000 for the off-system road rehabilitation project. The approved project is located on “OffSystem” roads. Off-system roadway rehabilitation include roadways that are not on the on-system roadways and will be funded by FEMA.

On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark 436
Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in January 2021, task orders were issued to GHD, Dokken Engineering, and Dewberry to perform civil design services on the off-system road rehabilitation project.

The overall scope of work for the Project can be summarized as follows:

Repair Camp Fire damaged off-system roads to achieve a pre-fire condition.

On August 17, 2023 Paradise Town Council awarded Contract No 8407.1.CON, 2023 Off-System Roadway Rehabilitation (Project 1) to Hat Creek Construction and Materials in the amount of their base bid plus additive bid #1,$5,756,809.

On December 12, 2023 Paradise Town Council adopted a resolution approving the Plans, Specifications and Estimate for the 2024 Off-System Road Rehabilitation. Council further directed staff to advertise for bids.

A vicinity map of the project limits is provided in this Agenda Summary.

Analysis:

On April 9, 2024, 3 bids were received by the Town Clerk and publicly opened. A list of bids received are shown in the table below:

Bid No. Contractor Base Bid Amount
X Engineer's Estimate $8,292,000.00
1 All-American Construction, Inc $7,480,494.19
2 Baldwin Contracting Company, Inc. dba Knife River
Construction $7,565,944.94
3 Lamon Construction Co, Inc. $7,596,735.41
Per the contract specifications, the award of the contract, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid whose bid complies with all the requirements prescribed. The apparent low bidder at bid opening was All-American Construction, Inc. (AACI) with a base bid of $7,480,494.19.

On April 16, 2024 Balwin Contracting Company, Inc. dba Knife River Construction submitted a formal bid protest of the bid submitted by All-American Construction, Inc. citing the following deficiencies:

1. Per Section 2.G of the Special Provisions, "In accordance with Public Contract Code 4104 (a)(2)(B), the Town requires a completed subcontractor list at the bid opening. An incomplete subcontractors list results in a non-responsive bid." 437

2. All-American did not make the Disadvantaged Business Enterprise Goal of 11 % as stated in the Notice to Bidders and did not demonstrate that they made an adequate good faith effort to meet the goal as required in Section 2.H of the Special Provisions.

On April 19, 2024 All-American Construction, Inc. responded to the bid protest with the following responses:

1. First, KRC asserts that AACI did not comply with Section 2.G of the Special Provisions because it did not list a subcontractor for Bid Item #14 or #15. This argument is entirely without permit. AACI will self perform these items of work and therefore was not required to list a subcontractor for said work.

2. Second, KRC’s assertions with respect to AACI’s DBE efforts must also be rejected since AACI clearly undertook substantial steps to obtain the required DBE participation, and its efforts have met all required good faith standards. For purposes of making a contract award for the Project, a determination as to whether a bidder engaged in an adequate and diligent good faith effort to meet the goal for DBE participation requires the City to make “a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts.” See 49 CFR Part 26 (II). As detailed below, AACI’s efforts were made in good faith.

See attached Bid Protest and Response letter for additional details.

Staff performed an evaluation of AACI’s DBE submittal and Good Faith Efforts and determined that the submitted proposal did not meet the requirements of the Disadvantaged Business Enterprise (DBE) program. A DBE goal of 11% was established for this contract. Per Local Assistance Program Manual (LAPM) Chapter 9 a bidder must, in order to be responsive, make Good Faith Efforts (GFEs) to meet the DBE contract goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, if the bidder does not meet the goal, the bidder can provide documentation in support of their adequate GFEs. AACI submitted a DBE commitment of 2.24% along with a document outline their Good Faith Efforts made towards meeting the goal. Staff concluded that the GFE submitted by AACI did not demonstrate Good Faith Efforts to meet the DBE contract goal. The Evaluation of Good Faith Efforts is provided in this Agenda Summary.

Per the LAPM, if the Town determines that the apparent successful bidder has failed to meet the GFEs requirements, the Town, before awarding the contract, must provide the apparent successful bidder the opportunity for administrative reconsideration in accordance with 49 CFR

26.53. AACI was invited to attend an Administrative Reconsideration Hearing scheduled for April 29, 2024. The Town received notification via e-mail on April 24, 2024 from Elizabeth Stokes that AACI will not attend the Administrative Reconsideration Hearing. Therefore, having waived its right to a hearing, the Town upheld its determination that the Low Bidder did not make a Good Faith Effort to meet the DBE contract goal of 11%. As a result, the bid submitted from AACI has been deemed nonresponsive. Therefore, staff is recommending award to the next lowest responsive bidder, Baldwin Contracting Company, Inc. dba Knife River Construction, who exceeded the DBE goal with an 11.24% commitment. Knife River Constructions’ bid is $85,450.75 (1.1%) higher than the low bidder.

Staff is recommending award of Contract No. 8407.2 CON, 2024 Off-System Road Rehabilitation Project to the 2nd lowest bidder, Baldwin Contracting Company, Inc. dba Knife River Construction, in the amount of their base bid $7,656,944.94. This recommendation is made after careful review of the Contractor’s bid submittals including required Disadvantaged Business Enterprise (DBE)/Section 3 Commitment, DBE/Section 3 Good Faith efforts and subcontractor listings. 438
Financial Impact:

FEMA Public Assistance funds have been authorized for construction and construction engineering phases at actual documented cost incurred.

The total estimated construction and construction engineering cost for the 2024 Off-System Road Rehabilitation Project is $9,122,539. The estimated funding breakdown is shown below. 2024 Off-System Road Rehabilitation Project 8407.2 CON
Contract Items
Total
Estimated Cost
Total Participating
Cost
FEMA/CalOES

93.75 %
CDBG-DR Match

6.25%
Base Bid $ 7,565,945 $ 7,565,945 $ 7,093,073 $ 472,872
Contingency (10%) $ 756,594 $ 756,594 $ 709,307 $ 47,287 Construction Management $ 800,000 $ 800,000 $ 750,000 $ 50,000 Total $ 9,122,539 $ 9,122,539 $ 8,552,381 $ 570,159
Total Available Funding $ 33,055,108 $ 33,055,108 $ 26,380,873 $ 6,674,235 Balance $ 23,932,569 $ 23,932,569 $ 17,828,492 $ 6,104,076 Required Off-System Road matching funds, $570,159 (6.25%), will be funded by Community Development Block Grant-Disaster Recovery fund.

Attachments:

A. Resolution
B. Balwin Contracting Company, Inc. dba Knife River Construction Bid Protest C. All-American Construction, Inc. Response to Bid Protest D. Evaluation of Good Faith Efforts
E. All-American Construction, Inc. DBE Submittal
F. GFE Reconsideration Hearing Notice
G. 2024 Off-System Road Project Map
439
1 TOWN OF PARADISE
RESOLUTION NO. 2024-_______

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AWARDING CONSTRUCTION CONTRACT NO. 8407.2 CON, 2024 OFF-SYSTEM ROAD REHABILITATION PROJECT, TO BALDWIN CONTRACTING COMPANY, INC.

DBA KNIFE RIVER CONSTRUCTION IN THE AMOUNT OF THEIR BASE BID AND

DESIGNATING AUTHORITY TO THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BALDWIN CONTRACTING COMPANY, INC. DBA KNIFE RIVER

CONSTRUCTION AND TO APPROVE CONTINGENCY EXPENDITURES NOT EXCEEDING 10%
WHEREAS, off-system roads sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $38,290,000 allocation of Federal Emergency Management Agency Public Assistance funds; and, WHEREAS, the Town of Paradise has received a $7,308,635 allocation of United States Department of Housing and Urban Development (HUD) Community Development Block Grant – Disaster Recovery funds as matching funds; and, WHEREAS, the purpose of the Public Assistance Program is to repair or reconstruct non-federal aid highways and roads (“Off-System”) which have suffered serious damage as a result of natural disasters.

WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way.

WHEREAS, the 2024 Off-System Road Rehabilitation Project is consistent in scope with the approved Public Assistance funds: and,
WHEREAS, the 2024 Off-System Road Rehabilitation Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire; and
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the 2024 Off-System Road Rehabilitation Project on the 12th day of December 2023; and
WHEREAS, the Town Council received three bids, with the apparent low bid being received from All American Construction; and
WHEREAS, the State of California Department of Transportation (“Caltrans”) issued a ruling that All American Construction’s good faith efforts related to the inclusion of disadvantaged business enterprise (“DBE”) subcontractors in its bid fell short of the standard required by Caltrans; and
440
2 WHEREAS, the Town of Paradise offered to hold an administrative reconsideration hearing with All American Construction related to its good faith efforts to include bids from DBE subcontractors to give All American Construction an opportunity to provide additional evidence of its good faith efforts; and WHEREAS, All American Construction waived its right to appear at the administrative reconsideration hearing; and
WHEREAS, the Town of Paradise accepts the determination of Caltrans and declares the bid of All American Construction non-responsive; and WHEREAS, the next lowest responsive bidder for the 2024 Off-System Road Rehabilitation Project is Baldwin Contracting Company, Inc. dba Knife River Construction.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The above recitals are true and correct and are incorporated as if fully set forth herein.

Section 2. The Town Manager is authorized to award and execute the construction contract to Baldwin Contracting Company dba Knife River Construction in the amount of their base bid. for the 2024 Off-System Road Rehabilitation Project and approve continency expenditures not exceeding 10%.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Ronald Lassonde, Mayor
ATTEST:

Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
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Murphy Austin Adams Schoenfeld LLP // 555 Capitol Mall, Suite 850, Sacramento, CA 95814 P: 916.446.2300 F: 916.503.4000 // www.murphyaustin.com LISA D. NICOLLS
(916) 446-2300 EXT. 3074
[email protected]
April 19, 2024

VIA EMAIL AND FEDERAL EXPRESS
Town of Paradise
Attn: Public Works Director
5555 Skyway
Paradise, CA 95969
Re: Contract No. 8407.2 CON
Off-System Roadway Rehabilitation - 2024
Response to Bid Protest of Knife River Construction
Dear Public Works Director
We are the attorneys for All-American Construction Incorporated ("AACI"), the lowest responsive, responsible bidder on the Off-System Roadway Rehabilitation - 2024 project (the “Project”) for the City of Paradise, as owner (“City”). This letter responds to the April 16, 2024 bid protest letter submitted by Knife River Construction (“KRC”), which challenges the bid submitted by AACI. KRC speciously contends that AACI did not list all subcontractors and did not make a good faith effort to meet the required DBE goal and that AACI’s bid should therefore be rejected as nonresponsive.

As detailed below, KRC’s bid protest is without merit and must be denied. There is no evidence that AACI failed to list all subcontractors. Further, AACI undertook substantial steps to obtain the required DBE participation, and its efforts have met all required good faith standards.

KRC’s bid protest is clearly a desperate and unfounded attempt to obtain a project to the City’s detriment,1
and KRC’s factual allegations are controverted in this letter.

First, KRC asserts that AACI did not comply with Section 2.G of the Special Provisions because it did not list a subcontractor for Bid Item #14 or #15. This argument is entirely without permit. AACI will self perform these items of work and therefore was not required to list a subcontractor for said work.

Second, KRC’s assertions with respect to AACI’s DBE efforts must also be rejected since AACI clearly undertook substantial steps to obtain the required DBE participation, and its efforts have met all required good faith standards. For purposes of making a contract award for the

1 AACI’s is ready, willing, and able to perform this Project for the City, and AACI’s bid price is more than $80,000.00 lower than KRC’s bid price.
469
April 19, 2024

MURPHY AUSTIN ADAMS SCHOENFELD LLP
Project, a determination as to whether a bidder engaged in an adequate and diligent good faith effort to meet the goal for DBE participation requires the City to make “a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts.” See 49 CFR Part 26 (II). As detailed below, AACI’s efforts were made in good faith.

The documentation provided by AACI through its comprehensive Good Faith Efforts (“GFE”) form and accompanying supporting documentation establishes that AACI fully complied with all requirements of the City’s bidding documents regarding the required good faith efforts necessary to satisfy the City’s DBE participation goal. AACI advertised for DBE bids for all Project scopes of work in both the Valley Contractors Exchange and the Bid America – CA Public Works Construction Planroom. AACI then listed and will be using all three DVBE entities from whom AACI received a quote. While AACI was not able to achieve the 11% DBE goal, its failure was not due to a lack of effort. Contrary to what KRC contends, AACI made an extensive and good faith effort to meet the DBE participation goals.

KRC contends that “there is only evidence of 1 written notice sent to a DBE (M&M Electric) as required under Section B of the 15-H and that was sent on the day of bid.” However, Section B of the 15-H form is not required in order for the City to find that AACI has made a good faith effort. It is merely one factor in the consideration.

Furthermore, KRC contends that AACI has not “made enough items of work available to the DBE firms to meet or exceed the DBE contract goal.” This assertion is patently false. AACI’s solicitation for DBE’s on Bid America and with the Valley Contractors Exchange advertised for all scopes of work on the Project – 100% of the contract value. It cannot therefore be disputed that sufficient work to meet the goal was made available to DBE firms.

As demonstrated herein, AACI has refuted each contention made by KRC in its bid protest letter, and AACI fully and completely complied with the City’s requirements for compliance with the good faith efforts to satisfy the City’s DBE participation goal. As such, the City should proceed with its intended award to AACI as the lowest responsive, responsible bidder.

If you require additional information or clarification of any of the information contained in this letter, please do not hesitate to contact the undersigned.

Sincerely,

MURPHY AUSTIN ADAMS SCHOENFELD LLP
LISA D. NICOLLS
470
Local Assistance Procedures Manual EXHIBIT 9-E
Evaluation of Good Faith Efforts
EXHIBIT 9-E EVALUATION OF GOOD FAITH EFFORTS
Memorandum
To: PROJECT FILE Date: 4/22/24
Federal-Aid Project Number: FEMA PW 363
Bid Opening Date: 4/9/24
Bidder: All-American Construction, Inc.

Type of Work: Off-System Road Rehabilitation
Bid Amount: $ 7,480,494.19
From: Town of Paradise
Subject: Evaluation of Good Faith Efforts
The Town of Paradise established a Disadvantaged Business Enterprise (DBE) goal of 11% for this contract. The bidder commits 2.24 % DBE participation. The Town of Paradise 's evaluation of the apparent low bidder's Good Faith Efforts is 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. The efforts of the bidder were reviewed by the Town of Paradise from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts signed and submitted by All American Construction.

The Town of Paradise determined that the Low Bidder did not demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.

EVALUATION
A. Items of work the bidder made available to DBE firms The Low Bidder stated on Exhibit 15-H Section C that the following items of work were made available to DBE firms: Traffic Control 0.29%, Trucking 1.67% , Striping 1.4%, Concrete 2.3%, totaling 5.66% of the total bid amount. No DBE firms were rejected. T&S DVBE was only selected for PCMS sign rental and not all of the traffic control bid item, which was 4.1% of the total percentage of work. Further, the low bidder did not make enough work available, as a percentage of total work, to meet the DBE goal of 11%. The amount of work made available relative to the goal was not adequate. Therefore, the low bidder did not make an adequate good faith effort to meet the goal.

Although Exhibit 15-H Section C noted the above items of work were made available to DBE firms, the Bid American solicitation for DBE firm participating noted all bid items were available.

B. Solicitation effort documentation
Low bidder indicated written notice solicitation on 3/12/24 with 4 firms, but did not provide evidence of solicitation for 3 of them. GFE included an E-mail solicitation with 1 firm, M&M Electric who noted they were not bidding the project. M&M Electric of Sacramento was contacted by the Town of Paradise on 04/19/24 regarding their DBE status. They indicated that they do not qualify as a DBE firm. No record in the Caltrans B2Gnow Database was found for M&M electric.

They also advertised through Valley Contractors Exchange and Bid American. Low bidder generated a list by the Caltrans DBE Query Database, which noted 0 DBE firms matching the search criteria. Town performed an independent search of the B2Gnow Database with the same parameters and identified 39 DBE firms (document attached). Further, search parameters performed by Low Bidder did not cover all commodity codes as it relates to bid items. For instance, striping, traffic control, grinding, SWPPP, etc. A recent search by Caltrans of the B2Gnow Database for a similar Town of Paradise project has identified 219 certified DBE firms in District 3.

Low Bidder GFE did not indicate sufficient evidence that all available DBE firms in the region were contacted and provided information on the project. GFE indicates that 3 of the 39 identified DBE firms were directly solicited.

The GFE did not provide any evidence, phone logs, faxes, or e-mails that the other 36 firms were contacted. Had they followed up with additional firms, All-American could have increased DBE participation. 471
Local Assistance Procedures Manual EXHIBIT 9-E
Evaluation of Good Faith Efforts
Use the California Unified Certification Program online database at:
https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search C. Rejected DBE documentation
No DBEs were rejected, however T&S DVBE was only selected for a small portion of the traffic control bid item 0.29% of the 4.1% available. GFE does not indicate why T&S was not selected for all Traffic Control. No other subconsultant is listed for the Traffic Control bid item, therefore it is assumed that this item of work will be self-performed.

Although no quotes were rejected, if T&S was selected for the entire Traffic Control bid item, it would have substantially increased the DBE commitment.

D. Publication effort made to advertise the projectsto include DBE participation Published advertisement on 03/04/24 to the Valley Contractors Exchange and Bid America CA Public E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
No evidence in GFE that low bidder contacted other organizations, including minority or women’s community organizations, other agencies or groups to recruit DBE participation, F. Efforts to provide information about the plans, specifications, and contract requirements The low bidder provided information on how to obtain bid information in the advertisements as well as a low bidder contact email and phone number.

G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or services
The low bidder's solicitations indicated they can provide assistance with obtaining bonding, insurance, etc. There is no evidence in the GFE that All-American assisted any DBE subcontractor and/or supplier during the bid advertisement period.

H. Additional data to support a demonstration of Good Faith Effort Low bidder GFE did not include e-mail, phone log, or other means of solicitation of DBE firms, other than advertisements noted above and 1 e-mail to M&M electric.

The 2nd Lowest bidder, Knife River Construction (KRC) did meet the DBE goal, with a commitment of

11.24%. KRC’s bid was $7,565,944.94, $85,450.75 (1.1%) higher than the low bidder. The Town has determined that with additional reasonable efforts, the apparent low bidder, All-American Construction could have met the goal, or had a substantially higher DBE Contract commitment.

FINDING OF THE TOWN OF PARADISE
The Town of Paradise finds that the Low Bidder did not demonstrate Good Faith Efforts to meet the DBE contract goal for the reasons cited in this evaluation.

Submitted by: Approved by:

Jessica Erdahl, Supervising Project Manager Marc Mattox, Public Works Director *Must be approved by someone other than the reviewer.
472
Certified Directory
As of 4/22/2024 5:07:11 PM
Results filtered by search parameters
The information provided in this file is not to be used for unsolicited advertising, spam, or any other unauthorized use.

Company Name DBA Name
Owner
First Owner Last Physical Address City State Zip Mailing Address City State Zip Phone Fax Email Website Agency Certification
Type Ethnicity Gender Capability County
CUCP Public
Directory
Certification
Number
ABSL CONSTRUCTION Luis M. Allende 29393 PACIFIC ST HAYWARD CA 94544 29393 PACIFIC ST HAYWARD CA 94544 510-727-0900 510-727-0900 [email protected] http://www.abslconstruction.com Caltrans DBE Hispanic American Male PLANE ASPHALT CONCRETE; GRADING; Highway, Street, and Bridge Construction
Alameda 5270
ALLEN GILL CONSTRUCTION, INC. Allen Gill 22099 PALO WAY PALO CEDRO CA 96073 PO BOX 35 MILLVILLE CA 96062 530-547-1112 530-547-1118 [email protected] Caltrans DBE Native American Male CLEARING & GRUBBING; DEVELOP WATER SUPPLY; ROADWAY EXCAVATION; GRADING; STRUCTURE
EXCAVATION; STRUCTURE BACKFILL; DITCHES
EXCAVATION; EMBANKMENT CONSTRUCTION;
FINISHING ROADWAY; CONCRETE BASE; ASPHALT
CONCRETE; PRESTRESSING CONCRETE CAST-INPLACE; Water Supply and Irrigation Systems; Water and Sewer Line and Related Structures Construction;
Highway, Street, and Bridge Construction; Other Heavy
and Civil Engineering Construction; Poured Concrete
Foundation and Structure Contractors; Structural Steel
and Precast Concrete Contractors; Site Preparation
Contractors; Brick, Stone, and Related Construction
Material Merchant Wholesalers
Shasta 15324
Ample Electric Inc. Jose Diaz 1000 Railroad Ave Winters CA 95694 PO Box 456 Winters CA 95694 530-795-9913 530-795-9951 [email protected] http://www.ampleelectricinc.com Caltrans DBE Hispanic American Male SIGNAL & LIGHTING; SIGNAL; LIGHTING; RESIDENTIAL ELECTRICAL; Commercial Electrical; Electrical
contractors
Yolo 50610
Arrow S Company, Inc. none Lori Skaggs 177 CALIFORNIA
AVENUE
ARBUCKLE CA 95912 P.O. BOX 1409 COLUSA CA 95912 707-396-0073 [email protected] http://www.arrowsco.com Caltrans DBE Caucasian Female Highway, Street and Bridge Construction Colusa 40322 AXNER Excavating, Inc. JULIE BARNES 2900 OLD OREGON
TRAIL
REDDING CA 96003 2900 OLD OREGON
TRAIL
REDDING CA 96003 530-222-0539 530-222-8910 [email protected] http://axnerexcavating.com Caltrans DBE Caucasian Female CA WCC C0620: LANDSCAPING & NURSERY SUPPLIER; CA WCC C0621: LANDSCAPING MATERIALS SUPPLIER;
CA WCC C1601: CLEARING & GRUBBING; CA WCC
C1901: ROADWAY EXCAVATION; CA WCC C1910:

GRADING; CA WCC C1920: STRUCTURE EXCAVATION;
CA WCC C1930: STRUCTURE BACKFILL; CA WCC
C1940: DITCHES EXCAVATION; CA WCC C2501:

AGGREGATE SUBBASE (AS); CA WCC C6200:

ALTERNATIVE PIPE CULVERT; CA WCC C9980:

DEMOLITION; CA WCC F5030: LUMBER AND
CONSTRUCTION MATERIAL; CA WCC F5070:

HARDWARE, PLUMBING & HEATING EQUIPMENT;
NAICS 237110: Water and Sewer Line and Related
Structures Construction; NAICS 237310: Highway,
Street, and Bridge Construction; NAICS 238910: Site
Preparation Contractors; NAICS 423310: Lumber,
Plywood, Millwork, and Wood Panel Merchant
Wholesalers; NAICS 423320: Brick, Stone, and Related
Construction Material Merchant Wholesalers; NAICS
423990: Billboards merchant wholesalers
Shasta 38119
BOUTHILLIERS CONSTRUCTION INC JAMIE N. BOUTHILLIE
R
1571 SOUTH MAIN ST WILLITS CA 95490 1571 SOUTH MAIN ST WILLITS CA 95490 707-459-4041 707-459-8775 [email protected] http://www.bouthilliersconstructioninc .com
Caltrans DBE Caucasian Female CLEARING & GRUBBING; ROADWAY EXCAVATION; GRADING; EMBANKMENT CONSTRUCTION;
HYDROSEEDING; EROSION CONTROL; FINISHING
ROADWAY; CONSTRUCTION MANAGEMENT –
HIGHWAY, STREET, AND BRIDGE CONSTRUCTION;
Water and Sewer Line and Related Structures
Construction; Highway, Street, and Bridge Construction; Other Heavy and Civil Engineering Construction; Site
Preparation Contractors; All Other Specialty Trade
Contractors; Landscaping Services
Mendocino 39963
Build 2 Build Build 2 Build, LLC. James
Emmitt
LoftonHunter2412 W Neutra Ct Elk Grove CA 95758 4801 Laguna Blvd, Ste 105 #122
Elk Grove CA 95758 916-831-0228 [email protected] http://build2build-llc.com Caltrans DBE Black American Male Build 2 Build LLC., is a State of California General Contractor, License #1101047, who contracts and
manages activities that are specific to heavy and civil engineering construction projects.; Highway, Street, and Bridge Construction; Other Heavy and Civil Engineering
Construction; Hazardous Waste Collection
Sacramento 51642
Burke Construction Michael J. Burke 4421 Tennessee Drive Shingle Springs
CA 95682 P.O. Box 921 Shingle Springs CA 95682 530-676-1009 530-672-2411 [email protected] http://www.burkeconstructionandback hoebroker.com
Caltrans DBE Native American Male CLEARING & GRUBBING; ROADWAY EXCAVATION; STRUCTURE EXCAVATION; STRUCTURE BACKFILL;
DITCHES EXCAVATION; STEEL STRUCTURES; STEEL
CRIB WALL; DEMOLITION; Highway, Street, and Bridge
Construction; Poured Concrete Foundation and
Structure Contractors; Structural Steel and Precast
Concrete Contractors; Site Preparation Contractors;
Remediation Services
El Dorado 30173
CLEAR CREEK CONSTRUCTION INC. ADAM HARNDEN 10402 DAYSTAR WAY PALO CEDRO CA 96073 10402 DAYSTAR WAY PALO CEDRO CA 96073 530-547-4938 [email protected] Caltrans DBE Native American Male Water, Sewer Line and Related Structures Construction Shasta 41250

DAVID ENGINEERING

CONSTRUCTION

DAVID ENGINEERING

CONSTRUCTION,

INCORPORATED
Oscar David 6344 NUGGET DRIVE FORESTHILL CA 95631 6344 NUGGET DRIVE FORESTHILL CA 95631 530-367-3508 [email protected] http://www.davidengineeringconstructi on.com
Caltrans DBE Black American Male Highway, Street, and Bridge Construction Placer 14982 473
DIABLO ENGINEERING GROUP JENNIFER HARMON 1300 CLAY STREET, SUITE 600
OAKLAND CA 94612 1300 CLAY STREET,
SUITE 600
OAKLAND CA 94612 510-550-8959 510-751-4589 [email protected] om
http://diabloengineeringgroup.com/ BART DBE Caucasian Female Highway, Street, and Bridge Construction ; All Other Support Activities for Transportation; Offices of Lawyers ; Engineering services ; Computer-aided design drafting
(CADD) services; Other Management Consulting
Services; Other Scientific and Technical Consulting
Services
Alameda 42626
ERNEST B. DEE ERNEST
B.

DEE 7051 BOWLING DRIVE
# 104
SACRAMENTO CA 95823 PO BOX 580937 ELK GROVE CA 95758 916-271-0410 916-512-3303 [email protected] http://ernestdeecms.com Caltrans DBE* Black American Male Sacramento 39513 Franco Engineering Inc Carlos Franco 8657 Waterwell Way Tracy CA 95304 8657 Waterwell Way Tracy CA 95304 209-831-0713 [email protected] Caltrans DBE Hispanic American Male CONSTRUCTION MANAGEMENT – HIGHWAY, STREET, AND BRIDGE CONSTRUCTION; Highway, Street, and
Bridge Construction
San Joaquin 51372
GIOLETTI CONSTRUCTION INC Anthony Gioletti 12671 SHORTHORN ROAD
WILTON CA 95693 12671 SHORTHORN
ROAD
WILTON CA 95693 209-614-0041 [email protected] http://gioletticonstruction.com Caltrans DBE Hispanic American Male LANDSCAPE, TREE SERVICES; CLEARING & GRUBBING; RECYCLE, RECLAIM ASPHALT CONCRETE PAVEMENT;
CONSTRUCTION MANAGEMENT – OTHER HEAVY AND
CIVIL ENGINEERING CONSTRUCTION; Highway, Street,
and Bridge Construction; Other Heavy and Civil
Engineering Construction; Site Preparation Contractors; All Other Specialty Trade Contractors; Landscaping
Services
Sacramento 51839
Golden State Municipal Construction,
LLC
Artemio Arguello 8500 Hilton Way Fair Oaks CA 95628 8500 Hilton Way Fair Oaks CA 95628 916-284-5755 [email protected] http://gsmc-llc.com Caltrans DBE Hispanic American Male Paving, grading, excavation, structural concrete, concrete ready mix production and placement.; Asphalt
paving (i.e., highway, road, street, public sidewalk) ; Concrete paving (i.e., highway, road, street, public
sidewalk); Grading, highway, road, street and airport
runway ; Foundation, building, poured concrete,
contractors ; Poured Concrete Foundation and Structure
Contractors ; Site Preparation Contractors
Sacramento 51865
GREGG SIMPSON TRUCKING DARLENE SIMPSON Darlene Simpson 250 LAKE MENDOCINO DR
UKIAH CA 95482 11 HIGHLAND CT UKIAH CA 95482 707-468-1654 707-468-7448 [email protected] Caltrans DBE Caucasian Female REMOVE BRIDGE ITEM; MODIFY BRIDGE ITEM; BOTTOM DUMP TRUCKING; FLAT BED TRUCKING; TRUCKER;
Highway, Street, and Bridge Construction; Other Heavy
and Civil Engineering Construction; General freight
trucking, local
Mendocino 34675
Heir & Son Construction, INC SUKHDEV
SINGH
HEIR 1040 LINCOLN ROAD
#160
YUBA CITY CA 95991 1040 LINCOLN ROAD
#160
YUBA CITY CA 95991 530-415-4777 [email protected] Caltrans DBE Subcontinent Asian American
Male CA WCC C1200: CONSTRUCTION AREA SIGNS; CA
WCC C1201: TRAFFIC CONTROL SYSTEM; CA WCC
C1211: TRAFFIC FLAGGER; CA WCC C1901: ROADWAY
EXCAVATION; CA WCC C2201: FINISHING ROADWAY;
CA WCC C4040: CLEAN & SEAL PAVEMENT JOINTS –
ROUT & SEAL CRACKS; CA WCC C4201: GROOVE &
GRIND PAVEMENT; CA WCC C5110: CONCRETE
SURFACE FINISH; CA WCC C5111: CONCRETE
OVERLAY – DRILL & BOND; CA WCC C8320: METAL
BEAM GUARD RAILING; CA WCC C8330: METAL
RAILING; CA WCC C8391: METAL BEAM BARRIER;
NAICS 237310: Highway, Street, and Bridge
Construction; NAICS 238910: Site Preparation
Contractors; NAICS 238990: Artificial turf installation; NAICS 488490: Other Support Activities for Road
Transportation
Sutter 42780

INDIAN HEAD ENTERPRISES VIRGIL
DWAYNE
LONG 2926 CRAIG AVENUE OROVILLE CA 95966 P.O. Box 252 PALERMO CA 95968 530-403-5794 530-532-1573 [email protected] http://iheco.net Caltrans DBE Native American Male CLEARING & GRUBBING; ROADWAY EXCAVATION; GRADING; AGGREGATE SUBBASE (AS); AGGREGATE
BASE (AB); ASPHALT CONCRETE; PAVING ASPHALT
(ASPHALT CONCRETE); PLACE ASPHALT CONCRETE
DIKE & MISC; CONSTRUCTION MANAGEMENT –
HIGHWAY, STREET, AND BRIDGE CONSTRUCTION;
CONSTRUCTION MANAGEMENT – OTHER HEAVY AND
CIVIL ENGINEERING CONSTRUCTION; Highway, Street,
and Bridge Construction; Other Heavy and Civil
Engineering Construction; Site Preparation Contractors
Butte 43063
JARRETT FOUNDATIONS, INC. NA Julie Cuneo 4518 WINTERS ST MCCLELLAN CA 95652 4518 Winters Street McClellan CA 95652 916-371-8760 916-371-8765 [email protected] http://www.jarrettfoundations.com Caltrans DBE Caucasian Female DEVELOP WATER SUPPLY; FURNISH & DRIVE PILING; DRILLED HOLE; CAST-IN-DRILLED-HOLE CONCRETE
PILING; FURNISH PRECAST CONCRETE DECK UNIT;
ERECT PRECAST CONCRETE; JACKED WELDED STEEL
PIPE; DEVELOP, TEST, DRILL, MAINTAIN WELLS;
DIRECTIONAL BORING/DRILLING; Water Supply and
Irrigation Systems; Highway, Street, and Bridge
Construction; Other Heavy and Civil Engineering
Construction; Structural Steel and Precast Concrete
Contractors; Site Preparation Contractors
Placer 43857
474
Jefferson State Highways, INC Josh Latham 1573 marigold way redding CA 96003 1573 marigold way redding CA 96003 530-604-9801 [email protected] http://www.jstatehighways.com Caltrans DBE Hispanic American Male NAICS 238910: Site Preparation Contractors; CA WCC C0621: LANDSCAPING MATERIALS SUPPLIER; CA WCC
C0649: PILINGS SUPPLIER; CA WCC C0655: STEEL
SUPPLIER; CA WCC C0657: LUMBER SUPPLIER; CA
WCC C0670: PIPE SUPPLIER; CA WCC C0671:

DRAINAGE SYSTEMS SUPPLIER; CA WCC C0680:

FENCING SUPPLIER; CA WCC C1901: ROADWAY
EXCAVATION; CA WCC C1920: STRUCTURE
EXCAVATION; CA WCC C1940: DITCHES EXCAVATION;
CA WCC C5120: FURNISH PRECAST CONCRETE DECK
UNIT; CA WCC C6650: CORRUGATED METAL PIPE
(CSP); CA WCC C8000: FENCING; NAICS 221310:

Canal, irrigation; NAICS 237110: Aqueduct construction; NAICS 237310: Abutment construction; NAICS 238120:

Balcony, precast concrete, installation; NAICS 238990:

All Other Specialty Trade Contractors; NAICS 423510:

Metal Service Centers and Other Metal Merchant
Wholesalers; NAICS 423990: Other Miscellaneous
Durable Goods Merchant Wholesalers; NAICS 444180:

Other Building Material Dealers
Shasta 49146

MARTIN GENERAL ENGINEERING INC TRANQUI
LINO
MARTIN 12485 QUICKSILVER
DRIVE
RANCHO

CORDOVA
CA 95742 12485 QUICKSILVER
DRIVE
RANCHO

CORDOVA
CA 95742 916-355-8101 916-355-8108 [email protected] http://www.martingeneral.net Caltrans DBE Hispanic American Male Highway, Street, and Bridge Construction Sacramento 34783 Mathews General Engineering &
Construction, Inc.

Mathews GEC INC Acie Mathews 16775 FORTY NINER
TRL
LATHROP CA 95330 1112 NORTH MAIN
STREET, #105
MANTECA CA 95336 209-650-3614 [email protected] http://www.mathewsgec.com Caltrans DBE Black American Male CA WCC C1601: CLEARING & GRUBBING; CA WCC C8773: CONSTRUCTION MANAGEMENT – HIGHWAY,
STREET, AND BRIDGE CONSTRUCTION; NAICS 237310:

Highway, Street, and Bridge Construction; NAICS
238910: Site Preparation Contractors
San Joaquin 51361
MGE Engineering, Inc. Hsiaochi
Fred
Huang 7415 GREENHAVEN
DRIVE, SUITE 100
SACRAMENTO CA 95831 7415 GREENHAVEN
DRIVE, SUITE 100
SACRAMENTO CA 95831 916-421-1000 916-421-1002 [email protected] http://www.mgeeng.com VTA DBE Asian-Pacific American Male Engineering and Construction Management Services Sacramento 8142 NEWLAND ENTITIES, INC ROBERT CERVANTES 500 OLIVE STREET MARYSVILLE CA 95901 PO BOX 3102 YUBA CITY CA 95992 530-755-1178 [email protected] http://www.newlandentities.com Caltrans DBE Hispanic American Male Yuba 35955 Perrilliat Enterprises, Inc. STEWART PERRILLIAT 2811 Adeline Street, Suite 219
Oakland CA 94608 5416 Shallows Place W. Santa Rosa CA 95409 408-750-4334 408-750-4334 [email protected] http://pe-construction.com Caltrans DBE Black American Male CA WCC C8773: CONSTRUCTION MANAGEMENT – HIGHWAY, STREET, AND BRIDGE CONSTRUCTION; CA
WCC C9801: BUILDING CONSTRUCTION; CA WCC
C9810: SMALL STRUCTURES; NAICS 236115: New
Single-Family Housing Construction (except For-Sale
Builders); NAICS 236210: Industrial Building
Construction; NAICS 236220: Commercial and
Institutional Building Construction; NAICS 237310:

Highway, Street, and Bridge Construction
Alameda 40562
PNF CONSTRUCTION, INC. RODNEY
ALLEN
SPENCER 725 6TH STREET MARYSVILLE CA 95901 725 6TH STREET MARYSVILLE CA 95901 909-638-2215 888-315-7315 [email protected] Caltrans DBE Black American Male Yuba 42290 RCJ & ASSOCIATES, INC RICKY C. JOHNSON,
SR
1709 V STREET SACRAMENTO CA 95818 P O BOX 8008 SACRAMENTO CA 95818 916-399-4852 916-399-4853 [email protected] http://www.rcjandassociates.com Caltrans DBE Black American Male Other Management Consulting Services Sacramento 32967 RMT Landscape Contractors, Inc. Julie Briggs 421 Pendleton Way OAKLAND CA 94621 421 Pendleton Way OAKLAND CA 94621 510-568-3208 510-568-3332 [email protected] http://www.rmtlandscape.com Caltrans DBE Hispanic American Male CA WCC C1940: DITCHES EXCAVATION; NAICS 237310:

Highway, Street, and Bridge Construction; NAICS
238910: Site Preparation Contractors
Alameda 1435
RSE Corporation Phil Leong 1075 OLD COUNTY

ROAD, SUITE D
BELMONT CA 94002 1075 OLD COUNTY

ROAD, SUITE D
BELMONT CA 94002 650-637-9500 650-637-9501 [email protected] http://www.rsecorp.com Caltrans DBE Asian-Pacific American Male CIVIL ENGINEERING; LAND SURVEYOR; CONSTRUCTION MANAGEMENT – HIGHWAY, STREET,
AND BRIDGE CONSTRUCTION; Highway, Street, and
Bridge Construction; Engineering services; Surveying and Mapping (except Geophysical) Services
Alameda 34220
S.A.M. RHODES, INC. Megean Martin 2055 RANCH CREEK
RD
Cool CA 95635 PO Box 304 GREENWOOD CA 95635 916-969-8243 [email protected] http://www.samrhodesinc.com Caltrans DBE Caucasian Female PAVEMENT PROFILING; CONSULTANT, NONENGINEERING; MISC TRANSPORTATION SERVICES; Other Support Activities for Road Transportation;
Administrative Management and General Management
Consulting Services
El Dorado 51388
S.T. RHOADES CONSTRUCTION, INC. n/a Steve T. Rhoades 8585 Commercial Way REDDING CA 96002 P O BOX 494520 REDDING CA 96049 530-223-9322 530-223-9222 [email protected] http://www.strhoadesinc.com Caltrans DBE Native American Male PLANE ASPHALT CONCRETE; GRADING; FINISHING ROADWAY; AGGREGATE BASE (AB); ASPHALT
CONCRETE; PAVING ASPHALT (ASPHALT CONCRETE);
PAVEMENT REINFORCING FABRIC; Water and Sewer
Line and Related Structures Construction; Highway,
Street, and Bridge Construction; Other Heavy and Civil
Engineering Construction
Shasta 37693
SAUREN CONSTRUCTION INC. STEVEN MAYS 300 DUTCH RAVINE
LANE
NEWCASTLE CA 95658 P.O. BOX 628 NEWCASTLE CA 95658 916-414-0444 [email protected] http://www.saurenconstruction.com Caltrans DBE Black American Male Construction Sacramento 44795

SIERRA ENGINEERING &

ENVIRONMENTAL SERVICES LLC
JOHN YANGUBA 7144 FAIR OAKS BLVD,
SUITE 1A
CARMICHAEL CA 95608 7144 FAIR OAKS BLVD,
SUITE 1A
CARMICHAEL CA 95608 504-505-5598 [email protected] http://www.sierraengineer.net Caltrans DBE Black American Male Engineering Services Sacramento 44523 Site Works Solutions George D. Whitmer 2437 Radio Lane Redding CA 96001 P.O. BOX 492247 REDDING CA 96002 530-222-2229 530-222-3337 [email protected] http://www.swsgc.com Caltrans DBE Native American Male CA WCC C1901: ROADWAY EXCAVATION; CA WCC C1910: GRADING; CA WCC H6550: SUBDIVIDERS &
DEVELOPERS; NAICS 237110: Water and Sewer Line and
Related Structures Construction; NAICS 237210: Land
Subdivision; NAICS 237310: Highway, Street, and Bridge
Construction; NAICS 237990: Other Heavy and Civil
Engineering Construction
Shasta 38758
T.D.W. CONSTRUCTION, INC Edmundo
David
Alire 101 GREENVILLE RD LIVERMORE CA 94550 PO BOX 111 LIVERMORE CA 94551 925-455-5259 925-455-0325 [email protected] Caltrans DBE Hispanic American Male Highway, Street, and Bridge Construction; ROADWAY EXCAVATION; GRADING; CORE CONCRETE – REPAIR
BRIDGE DECK; SUBSURFACE DRAIN
Alameda 5282
475
Top Level Grading Top Level Grading Osvaldo Valdez 26655 S. Airport Way Manteca CA 95337 26655 S. Airport Way Manteca CA 95337 209-403-5908 [email protected] Caltrans DBE Hispanic American Male GRADING; PAVING ASPHALT (ASPHALT CONCRETE); Highway, Street, and Bridge Construction; Site
Preparation Contractors
San Joaquin 51974
USACT CORPORATION Mehari Teklebrehan 460 Grand Avenue Unit 405
Oakland CA 94610 460 Grand Avenue Unit
405
Oakland CA 94610 859-999-3781 859-999-3781 [email protected] http://https://www.usactco.com Caltrans DBE Black American Male Highway, Street, and Bridge Construction services. Alameda 51637 Vintage Paving Company, Inc. Edward Carbahal 119 Main Street Winters CA 95694 P.O. Box 461 Winters CA 95694 530-795-0132 530-795-5734 [email protected] http://www.vintagepavingco.com Caltrans DBE Hispanic American Male PLANE ASPHALT CONCRETE; GRADING; PAVING ASPHALT (ASPHALT CONCRETE); Highway, Street, and
Bridge Construction
Yolo 27011
Western Traffic Supply, Inc. Edward Ibanez 3942 VALLEY AVENUE, UNIT M
PLEASANTON CA 94566 3942 VALLEY AVENUE,
UNIT M
PLEASANTON CA 94566 925-249-1854 925-249-1863 [email protected] http://www.westerntraffic.com BART DBE Hispanic American Male CONSTRUCTION AREA SIGNS ; TRAFFIC CONTROL SYSTEM ; TRAFFIC COUNT ; TRAFFIC COUNT STATION ;
TRAFFIC MANAGEMENT/ OPERATIONS ; Construction,
Mining, and Forestry Machinery and Equipment Rental
and Leasing ; Mobile office building rental or leasing, offsite ; Administrative Management and General Management Consulting Services ; Other Management
Consulting Services ; Office Administrative Services ; All Other Support Services; ; Automobile and Other Motor
Vehicle Merchant Wholesalers ; Aftermarket parts,
automotive, merchant wholesalers ; Heavy truck tires
and tubes merchant wholesalers
Alameda 40681
Generated from the B2Gnow System.
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Town of Paradise
Public Works Department
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Working together to rebuild a thriving community.

April 22, 2024
All-American Construction, Inc.
1700 Acacia Ave
Sutter, CA 95982
RE: Off-System Roadway Rehabilitation 2024, Contract No. 8407.2 CON DBE Goal Good Faith Effort Administrative Reconsideration Hearing The Good Faith Effort (GFE) to meet the DBE contract goal of 11% by low bidder, All-American Construction, Inc. has been determined to be inadequate. Per 49 CFR 26.53(d), the Town of Paradise is inviting the low bidder to an Administrative Reconsideration Hearing for reconsideration of the GFE adequacy. The hearing will be held at 5555 Skyway, Paradise, CA 95969 on the following date/time:

Monday, April 29th, 2025 at 11:00 AM
High level representatives of the Town of Paradise will make up a three-person panel. The Town Manager will chair the Administrative Reconsideration Panel providing the final decision on behalf of the Town of Paradise.

As a part of the reconsideration, All-American Construction, Inc. will have the opportunity to provide written documentation or argument concerning the issue whether it made an adequate good faith efforts to meet the DBE goal. Within five (5) business days of the reconsideration hearing, the Town of Paradise will send a written decision on the reconsideration, explaining the basis for the findings.

The result of the reconsideration process is not administratively appealable to the Town of Paradise, Caltrans or the USDOT.

If you have any questions regarding this hearing, please contact Jessica Erdahl or me at [email protected] or [email protected], respectively.

Sincerely,
Marc Mattox,
Public Works Director/Town Engineer
Attachments:

1. Town of Paradise Good Faith Effort Documentation
502
Castle Dr
Edgewood Ln
Sunset Dr
Saw
mill Rd
Graham
Rd
Maxwell Dr
Bennett Rd
Lucky John Rd
Elliott Rd
Copeland
R pi el y Ln
Waggoner Rd
Redbud Dr
Crestmoor Dr
Cherry Ln
Middle Libby
Newland Rd
Posey
Ln
Valley Ridge Dr
Queen Dr
Camellia
Dr
Russell Dr
Parad si e Ave
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community ±
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Miles

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969 J ERDAHL
NOV 2023

PROJECT

LOCATION
MAP
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Legend
Paradise Town Limits
2024 - Phase 2
503

Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(h)
ORIGINATED BY: Dina Volenski, Town Clerk/Elections Official REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: 2024 General Municipal Election

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

Consider adopting the following resolutions relating to the consolidation of the November 5, 2024 General Municipal Election, the regulations and costs for Candidate statements and direct the Town Clerk to transmit certified copies to the Butte County election department staff:

1. Adopt Resolution No. 2024-__, “A Resolution Calling and Giving Notice for the Holding of a General Municipal Election for the Election of Three Council Members.”

2. Adopt Resolution No. 2024-__, “A Resolution Requesting the Butte County Board of Supervisors to Consolidate a General Municipal Election.”

3. Adopt Resolution No. 2024-__, “A Resolution Adopting Regulations for Candidate Statements.” (ROLL CALL VOTE)
Background:

Pursuant to the provisions of Paradise Municipal Code Section 2.44.010, the Town of Paradise General Municipal Election is to be held in Paradise in consolidation with the General Statewide Election that is conducted by the Butte County Elections Department. Town elections are conducted pursuant to the provisions of the California Elections Code.

The next general election is scheduled for November 5, 2024. The Town Council needs to call and give notice for the holding of a general municipal election and request the Board of Supervisors to approve consolidation of the Town’s election in order to elect three (3) Council Members for full four-year terms ending December, 2028.

Analysis:

A candidate may file a Candidate Statement of Qualifications to be printed in the sample ballot, not to exceed 200 words. A local agency may estimate the total cost of printing the statement and require each candidate filing a statement to pay in advance their estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. The Town Council requires a $450 deposit from each candidate who desires to have a statement of qualifications to appear in the sample ballot. The Butte County Elections Department will bill the Town the actual costs for the statement and the candidates are refunded or billed accordingly.

Financial Impact:

An estimate of $25,000 is being included in the 2024/25 budget based on the costs of prior elections.
504

TOWN OF PARADISE
RESOLUTION NO. 2024- ____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE CALLING & GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE

OF CALIFORNIA RELATING TO GENERAL LAW CITIES FOR THE ELECTION OF

THREE TOWN COUNCIL MEMBERS
WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of three (3) Town Council Members to four-year terms of office ending December, 2028; and,
NOW, THEREFORE, be it resolved by the Town Council of the Town of Paradise, California, as follows:

SECTION 1: That, pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the Town of Paradise, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing three (3) members of the Town Council for the full term of four (4) years ending in December, 2028.

SECTION 2: That the ballots to be used at the election shall be in the form and content as required by law.

SECTION 3: That the Town Clerk and County Clerk are authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4: That in the event two (2) or more persons receive an equal and the highest number of votes necessary to be elected, the Town Clerk shall summon the candidates who have received the tie votes to appear at her office at a time to be designated by her and shall at that time and place determine the tie by lot. The recommended procedure for determining by lot a tie is attached hereto and marked Exhibit "A".

SECTION 5: In accordance with Elections Code section 4005, there shall be ballot drop off locations and vote centers within the Town’s jurisdiction, that shall be available to voters.

SECTION 6: That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 505
Town of Paradise
Resolution No. 2024- __
Calling for General Election
2 SECTION 7: That notice of the time and place of holding the election is given and the Town Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 8: That Town Clerk shall certify the Town Council passage and adoption of this Resolution for entry into the book of original Resolutions.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14 th
day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
______________________________
Ronald Lassonde, Mayor
ATTEST:
____________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
___________________________
Scott E. Huber, Town Attorney
506
Town of Paradise
Resolution No. 2024- __
Calling for General Election
3 EXHIBIT "A”
RESOLUTION NO. 2024- __

RECOMMENDED PROCEDURE FOR DETERMINING BY LOT A
TIE AMONG CANDIDATES AT THE NOVEMBER 5, 2024, ELECTION
PURSUANT TO ELECTIONS CODE SECTION 15651
The Town Clerk or her designees shall type the name of each candidate who had tied for office on a separate, but identical, piece of paper which shall be folded and deposited into a container and mixed so that one would not know which candidate's name appeared on which piece of paper. The Town Clerk or her designees shall draw from the container as many pieces of paper as there are seats on the Council to be filled by the candidates who have tied. The name(s) appearing upon the piece(s) of paper drawn shall be the name(s) of the person(s) who shall be deemed to be elected. 507

TOWN OF PARADISE
RESOLUTION NO. 2024-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE REQUESTING

THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE FOR THE ELECTION OF THREE (3) TOWN COUNCIL MEMBERS.

WHEREAS, the Town Council of the Town of Paradise called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of three (3) Members of the Town Council for four-year terms of office ending December, 2028; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide general election to be held on the same date; that within the Town, the precincts, polling places and election officials of the two elections be the same; that the Election Department of the County of Butte canvass the returns of the General Municipal Election; and, that the election be held in all respects as if there were only one election.

NOW, THEREFORE, the Town Council of the Town of Paradise does resolve, declare, determine and order as follows:

SECTION 1. That, pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Butte is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide General Election on Tuesday, November 5, 2024 for the purpose of electing three (3) members of the Town Council for the full term of four (4) years, ending December, 2028.

SECTION 2. That the Butte County Board of Supervisors is requested to issue instructions to the Butte County Election Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 3. That the Butte County Election Department is authorized to canvass the returns of the General Municipal Election and that the elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 4. That the Town of Paradise recognizes that additional costs will be incurred by Butte County by reason of this consolidation and agrees to reimburse the County for such additional costs and to pay the costs associated with the current methodology used by the Butte County Election Department for cost recovery for Consolidated Elections.

SECTION 5. That the Town Clerk is hereby directed to file a certified copy of this resolution with the Butte County Board of Supervisors and the Butte County Election Department of the County of Butte.

SECTION 6. That the Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14th day of May, 2024, by the following vote:
508

TOWN OF PARADISE
RESOLUTION NO. 2024-___
2 AYES:

NOES:

ABSENT:

NOT VOTING:
__________________________
Ronald Lassonde, Mayor
ATTEST:
___________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
___________________________
Scott E. Huber, Town Attorney
509

TOWN OF PARADISE
RESOLUTION NO. 2024- __

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE, CALIFORNIA

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL OR SPECIAL

MUNICIPAL ELECTION
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement; NOW, THEREFORE, be it resolved by the Town Council of the Town of Paradise, California, as follows:

SECTION 1: That pursuant to Section 13307(a) of the Elections Code of the State of California, each candidate for elective office to be voted for at any General or Special Election to be held in the Town of Paradise, may prepare a candidate's statement on an appropriate form provided by the Town Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the Town Clerk at the time candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2: No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 3: An agreement between the candidate and the Town of Paradise, a copy of which is attached hereto marked Exhibit "A", shall be executed which requires each candidate to pay a four hundred fifty dollars ($450) deposit to be applied toward the candidate's pro rata share of charges for printing and handling of the candidates' statements. Any deficit shall be paid to the Town by the candidate within thirty (30) days after presentation of a bill from the Town and the Town will refund any surplus deposited within thirty (30) days after the Town’s determination of said surplus.

SECTION 4: That the Town Clerk shall provide each candidate or the candidate's representative a copy of this Resolution with attached Exhibit "A" at the time nomination petitions are issued.

SECTION 5: That the Town Clerk is authorized to execute the agreement at the time the candidate's statement is filed.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14 th day of
May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
510

TOWN OF PARADISE
RESOLUTION NO. 2024- __
2 _____________________________
Ronald Lassonde, Mayor
ATTEST:
_______________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
_______________________________
Scott E. Huber, Town Attorney
511

TOWN OF PARADISE
RESOLUTION NO. 2024- __
3 EXHIBIT “A”

AGREEMENT
THIS AGREEMENT is made and entered into by and among the candidate whose name is signed below and the Town of Paradise, a municipal corporation.

1. The undersigned candidate hereby agrees to pay to the Town of Paradise his or her pro rata share of the costs incurred by the Town of Paradise in the printing, handling, insertion and mailing of candidates' statements to voters.

2. It is understood and agreed that each candidate’s statement shall not exceed two hundred (200) words in length. It is understood and agreed that each candidate's pro rata share of said costs shall be determined by the Paradise Town Clerk by totaling all such costs and dividing said costs by the number of candidates' statements printed without regard to the actual length of each such statement.

3. Each candidate shall pay to the Town of Paradise a four hundred fifty dollars ($450) deposit to be applied toward the candidate's share of such charges. The deposit shall be paid and this Agreement shall be executed at the time of filing the candidate's statement. If the deposit is not made or this Agreement not executed, the Town Clerk shall not accept the candidate's statement.

4. The candidate agrees to pay any deficit relating to such charges within thirty (30) days after presentation of a bill from the Town of Paradise for such charges. The Town shall refund any surplus of the amount within thirty (30) days after the Town’s determination of such surplus.

5. In the event of litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other its reasonable attorneys’ fees.

DATED: TOWN OF PARADISE
_______________________________ BY:_________________________________ (Signature of Candidate) Dina Volenski, Town Clerk/Elections Official _______________________________
(Printed Name of Candidate)
512