HomeMy WebLinkAbout081225-06.6
ADMINISTRATIVE STAFF REPORT 6.6
TO: Mayor and Town Council August 12, 2025
SUBJECT: Resolution No. 55-2025, awarding a construction contract for the Diablo
Road Pedestrian Trail and Drainage Improvements Project No. C-055
BACKGROUND
The Town’s Capital Improvement Program (CIP) includes the Diablo Road Pedestrian Trail
and Drainage Improvements Project No. C-055. This 0.9-mile paved trail will offer a safe
route for cyclists, walkers, joggers and other non-motorized users. Located along the south
side of Diablo Road, from Fairway Drive to an access road approximately 400 feet west of
Avenida Nueva, the proposed trail will connect the existing 0.5-mile Diablo Road Trail, also
known as the Barbara Hale Trail, to the new 0.7-mile Class 1 trail recently completed as part
of the Magee Preserve project. The project, initially identified in the Town’s 1989 Town-
wide Trails Master Plan, supports policies contained in the Town of Danville 2030 General
Plan, 2021 Town-wide Bicycle Master Plan, 2017 Parks, Arts and Recreation Strategic Plan
and represents the final link between Danville and Mount Diablo State Park.
Design of the new trail segment component has been completed, and all necessary
regulatory approvals have been secured from state agencies. Tree removal within the trail
alignment was completed in early 2025 to prepare for construction and to comply with
protected bird nesting periods. With these steps finalized, the project is now ready to move
into the construction phase.
DISCUSSION
Twelve (12) bids were received and opened on July 15, 2025. The apparent low bid was
submitted by Goodfellow Bros. California, LLC, of Livermore, CA with a bid of
$4,699,736.00. Bid results are summarized in Attachment C. The Engineer’s estimate was
$6,232,890. Construction is scheduled to begin in September 2025 with an anticipated
completion timeline of December 2026.
On July 21, 2025, the Town received a bid protest from Bay Cities Paving and Grading, Inc.,
the second low bidder, alleging that Goodfellow Bros. California, LLC was not responsive
because it failed to list the percentage of each subcontracted bid item to be performed by the
subcontractor in their bid submission (Attachment D). Instead, they listed the overall
percentage of the total contract to be performed by each subcontractor. The specific
language in the bid documents reads as follows:
Award of Contract
Diablo Road Trail | CIP C-055 2 August 12, 2025
“On the Subcontractor List you may either submit the bid item numbers, and the percentage
of each item subcontracted with your bid or email the information to
engineering@danville.ca.gov ”
After review, Town staff recommends rejecting the protest for two separate reasons. First,
the requirement in the bid document offers bidders two choices to comply: they may show
the subcontract percentages in the bid, or they may email the information separately to the
Town’s Engineering Division; Goodfellow Bros. elected the second option (Attachment E).
The second basis for rejecting the protest is based on the fact that the error, if any, is
inconsequential. As explained in the case of Ghilotti Construction v. City of Richmond
(1996) 45 Cal.App.4th 897, 904, “[a] basic rule of competitive bidding is that the bids must
conform to specifications, and that if a bid does not so conform, it may not be accepted.
[Citations]. However, it is further well established that a bid which substantially conforms
to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot
have affected the amount of the bid or given a bidder an advantage or benefit not allowed
other bidders or, in other words, if the variance is inconsequential.”
In this case, the manner in which Goodfellow Bros. listed their subcontractors, the work they
are to do, and the percentage of the overall contract did not and could not affect the amount
of their bid. Nor did it provide Goodfellow Bros. with an advantage or benefit not provided
to other bidders because, as explained above, the bid instructions allowed any bidder to
submit the percentages of subcontracting separately via email. Nothing in the Goodfellow
Bros. submittal provided them with an unfair competitive advantage. Goodfellow Bros. has
submitted their own response to the bid process which addresses other portions of the
protest (Attachment E).
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public. Copies of the staff
report and all attachments have been provided to both Goodfellow Bros. and Bay Cities
Paving and Grading, Inc. to allow them to review the materials prior to the Town Council
hearing.
FISCAL IMPACT
Sufficient funds have been budgeted in the Capital Improvement Program for the
construction phase of Diablo Road Pedestrian Trail and Drainage Improvements Project,
CIP C-055. The low bid amount of $4,699,736, plus a 10% contingency amount of $469,974
yields a total construction budget of $5,169,710.
Award of Contract
Diablo Road Trail | CIP C-055 3 August 12, 2025
RECOMMENDATION
Adopt Resolution No. 55-2025, awarding a construction contract for the Diablo Road
Pedestrian Trail and Drainage Improvements Project No. C-055.
Prepared by:
Allan Shields
Transportation Manager
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachments: A - Resolution No. 55-2025
B - CIP Page No. C-055
C - Bid Results Summary
D – Bid Protest dated 7/21/25
E - Goodfellow Bros. Subcontractor Percentage List, submitted 7/22/25
F – Goodfellow Bros. Response to Protest dated 7/28/25
RESOLUTION NO. 55-2025
AWARDING A CONSTRUCTION CONTRACT FOR THE DIABLO ROAD
PEDESTRIAN TRAIL AND DRAINAGE IMPROVEMENTS PROJECT NO. C-055
WHEREAS, the Danville Town Council previously appropriated funding for the Diablo
Road Trail, CIP No. C-055 in the adopted 2021/22 Capital Improvement Program; and
WHEREAS, the project will consist of the construction of a 0.9-mile mixed-use path for
pedestrians and cyclists, including associated improvements such as retaining wall
improvements to stabilize Diablo Road at the creek near the entrance of the trail; and
WHEREAS, bids were solicited from contractors for this project; and
WHEREAS, the City Clerk of this Town did, in open session on the 15th day of July 2025,
publicly open and read aloud the sealed bids received as required by law; and
WHEREAS, on July 21, 2025, the Town received a bid protest from Bay Cities Paving and
Grading, Inc., alleging that the apparent low bidder, Goodfellow Bros. California, LLC, of
Livermore, CA failed to present a responsive bid by not listing the percentage of each
subcontracted bid item; and
WHEREAS, having considered all written materials submitted by both Goodfellow Bros.
and Bay Cities Paving, legal analysis contained in the Town’s staff report and any verbal
testimony presented, the protest is rejected as a) the bid submitted, including the
subcontract percentages submitted by Goodfellow Bros. on July 22, 2025 were permitted
under the bid documents and b) even without the July 22 submittal, any deviation is
inconsequential because the variance could not have affected the amount of the bid or given
the bidder an advantage or benefit not allowed other bidders (see Ghilotti Construction Co.
v. City of Richmond(1996) 45 Cal.App4th 897); and
WHEREAS, sufficient funds have been budgeted in the Capital Improvement Program for
the construction phase of Diablo Road Trail, CIP C-055; now, therefore, be it
RESOLVED, that the Town Manager be and hereby is authorized to execute, on behalf of
the Town, a written contract with Goodfellow Bros. California, LLC for $4,699,736 and
authorize use of a 10% contingency not-to-exceed $469,974 for a total construction budget
of $5,169,710 for work in connection therewith, and the City Clerk is hereby directed to attest
same and affix thereto the official seal of the Town; and, be it further
Docusign Envelope ID: 4E99658D-B09C-41BA-AE2A-3A4F7E4A6B9D
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 55-2025
RESOLVED, that staff shall within five (5) days of the adoption of this resolution transmit
an Extract of Public Works contract award to the Department of Industrial Relations,
Division of Apprenticeship Standards, P.O. Box 420603, San Francisco, CA 94142. (Note:
Should a finding of any discrepancy regarding this ratio of apprentices to journeymen be
made, the Town shall notify the Division of Apprenticeship Standards of such findings.)
APPROVED by the Danville Town Council at a regular meeting on August 12, 2025, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
Docusign Envelope ID: 4E99658D-B09C-41BA-AE2A-3A4F7E4A6B9D
CIP 89 • 2025–2026 Operating Budget & Capital Improvement Program
Projects
Diablo Road Trail from Alameda Diablo
to Tank Access Road
CIP Project: C-055
Department/Division:Transportation
Type: New (or Modified New) Project
Status:
Completed Phases:
20222/23
◦Environmental MND/IS approved
2023/24
◦Redesign of Trail Segments
due to 2022/23 winter storms,
regulatory approval
Future Phases:
2025/26
◦Construction to begin
Description:
The Diablo Road Trail from Alameda Diablo to Tank Access Road Project is part of the North East Roadway
Improvement Assessment District (NERIAD) and consists of construction of a paved 0.9-mile Class I pedestrian/
bicycle path located adjacent to the south side of Diablo Road from Fairway Drive to the west to the tank access
road (1,200 feet west of Mt. Diablo Scenic/Blackhawk intersection) to the east. Path will connect to existing 0.5-
mile Diablo Road Trail (aka Barbara Hale) to the west and a new 0.7-mile Class I path to the east, constructed as
part of the Magee Preserve Development.
Project Cost Estimate:
Prior Years 2025/26 2026/27 2027/28 2028/29 2029/30
Design/Plan Review $910,459 $0 $0 $0 $0 $0
Construction $4,731,568 $1,700,000 $0 $0 $0 $0
Inspection & Admin. $57,200 $0 $0 $0 $0 $0
Total Cost Estimate: $5,699,227 $1,700,000 $0 $0 $0 $0
Total Expenditure: ($894,375)
Unexpended as of 4/8/25: $4,804,852
Project Appropriation and Funding:
Prior Years 2025/26 2026/27 2027/28 2028/29 2029/30
CIP Gen Purpose Rev $0 $1,700,000 $0 $0 $0 $0
Meas J Major St 24c $3,059,536 $0 $0 $0 $0 $0
Meas J-CC-TLC (2012) $75,000 $0 $0 $0 $0 $0
Meas J-CC-TLC (2017) $1,500,000 $0 $0 $0 $0 $0
NERIAD $914,691 $0 $0 $0 $0 $0
TDA Grant $150,000 $0 $0 $0 $0 $0
Total Funding: $5,699,227 $1,700,000 $0 $0 $0 $0
ATTACHMENT B
PROJECT: Diablo Road Pedestrian Trail and Drainage
Improvements Project, Contract No. C-055
BID OPENING: July 15, 2025 at 2:00 p.m. PST
Please direct all questions regarding this bid opening to:
Allan Shields, Transportation Manager, (925) 314-3374, ashields@danville.ca.gov
Number of Addendums: 4
OFFICIAL BID RESULTS
CONTRACTOR BID AMOUNT
*Goodfellow Bros.$4,699,736.00
Bay Cities Paving & Grading $5,187,872.75
Joseph J. Albanese $5,321,731.00
GradeTech Inc. $5,757,398.00
Granite Rock $5,941,092.80
Ghilotti Construction $6,104,649.80
Granite Construction $6,187,984.00
McGuire and Hester $6,221,274.00
A&B Construction $6,577,000.00
JDB and Sons Construction $7,181,000.00
Ghilotti Bros. $7,238,544.83
Marinship Development Interest $7,352,694.00
*Lowest Responsive Bid
I, Marie Sunseri, City Clerk for the Town of Danville, do hereby affirm that the bids
received were not opened prior to the time of the public bid opening.
ATTACHMENT C
July 21, 2025
SENT VIA EMAIL & OVERNIGHT MAIL
Town of Danville
Transportation Division
500 La Gonda Way
Danville, CA 94526
Attn: Allan Shields, Transportation Manager
Project: Diablo Road Pedestrian Trail and Drainage Improvements
Contract: No. C055
Bid Opening: July 15, 2025
Re: Protest of Goodfellow Bros. California, LLC’s Bid
Dear Mr. Shield,
Bay Cities Paving & Grading, Inc. (Bay Cities) the second-lowest bidder for the Contract,
formally protests the bid submitted by Goodfellow Bros. California, LLC’s (“GBC”), the apparent
low bidder. GBC’s bid is nonresponsive and should be rejected for failure to comply with the
mandatory bid requirements.
GBC Failed to List the Percentage of Each Item Subcontracted Bid Item
Danville’s instructions to bidders are unambiguous. They state:
Note: Replace the second paragraph of Section 2-1.33A “General of the Standard
Specifications with the following: “On the Subcontractor List you may either submit the
bid item numbers, and the percentage of each item subcontracted with your bid or
email the information to engineering@danville.ca.gov.”[ emphasis added].
Furthermore, Danville incorporates the Caltrans 2023 Standard Specifications which further
reinforces this requirement:
2-1.10 SUBCONTRACTOR LIST
On the Subcontractor List form, list each subcontractor that will perform work in an
amount in excess of 1/2 of 1 percent of the total bid or $10,000, whichever is greater
(Pub Cont Code § 4100 et seq.).
For each subcontractor listed, the Subcontractor List form must show:
ATTACHMENT D
Allan Shields
July 21, 2025
Page 2
1. Business name and the location of its place of business.
2. California contractor license number for a non-federal-aid contract.
3. Public works contractor registration number.
4. Portion of work it will perform. Show the portion of the work by
4.1. Bid item numbers for the subcontracted work
4.2. Percentage of the subcontracted work for each bid item listed
4.3. Description of the subcontracted work if the percentage of the bid item listed
is less than 100 percent
GBC’s bid does not comply with these requirements. It failed to provide the percentage of work
for each individual bid item.
GBC’s Bid Is Nonresponsive
Attached as Exhibit A is the first page of GBC’s Subcontractor List. Across all three pages of its
Subcontractor Listings, GBC consistently failed to provide itemized percentages. For example,
in the case of TDW Construction, Inc., GBC listed ten separate bid items but provided only a
single, aggregate percentage (9.93%). This does not meet the requirement to list the
percentage for each bid item subcontracted.
GBC appears to have calculated subcontractor percentages as a portion of the total bid
amount, not per bid item, which undermines the purpose of the listing requirements. As a
result, it is unclear what specific work will be performed by each subcontractor versus what work
GBC intends to self-perform.
This omission mirrors previous cases where Caltrans rejected noncompliant bids. For example:
• CDOT Contract 07-278304: Caltrans rejected Los Angeles Engineering’s bid stating:
“Los Angeles listed percentages that are representative of the total contract bid, rather
than the percent of the bid item(s) subcontracted. As a result, Caltrans was unable to
determine the actual percentage of work performed. Based on the above, Caltrans finds
Los Angeles Engineering’s bid is nonresponsive.” (Exhibit B)
• CDOT Contract 07-3X4104 Caltrans rejected Baltazar Construction’s bid stating:
“Baltazar listed percentages that are representative of the total contract bid, rather than
the percent of the bid item(s) subcontracted. As a result, Caltrans was unable to
determine the actual percentage of work performed. Based on the above, Caltrans finds
Baltazar’s bid is nonresponsive.” (Exhibit C)
• CDOT Contract 02-0E3604: Caltrans rejected Randy Hill Construction’s bid for failure to
document "Percentage of Bid Item Subcontracted." (Exhibit D)
• CDOT Contract 07-353204, March 27, 2025 Letter: Caltrans rejected Security
Paving’s bid for failing to list required bid item percentages and descriptions, making it
impossible to determine the subcontractors' scope and commitments. Caltrans stated
Allan Shields
July 21, 2025
Page 3
“Security Paving’s bid does not adequately identify its commitment to its subcontractors,
and it is unclear what work Security Paving will be self-performing.” (Exhibit E).
[emphasis added].
In this case, GBC made the same fatal error. For instance, it listed Murga, Strange & Chalmers
to perform 1.58% of four separate bid items 12B, 15, 35, and 36 without disclosing how that
percentage is allocated across those 4 bid items. This lack of clarity violates both the letter and
the spirit of the bidding. Caltrans routinely rejects bids as being nonresponsive for this exact
type of error.
CONCLUSION
GBC’s failure to comply with the Subcontractor Listing requirements renders its bid
nonresponsive under the Town’s and Caltrans’ specifications. Bay Cities respectfully requests
that the Town of Danville reject GBC’s bid and award the contract to Bay Cities as the lowest
responsive and responsible bidder. Thank you for your attention to this matter.
Sincerely,
Marlo Manqueros
Vice-President & General Counsel
cc: File
Subcontractor List
The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code, and as required by the provisions in Section 2.1.01, "General," of the Special Provisions. In accordance with California Public Contract Code Section 4104, State contractor licenses shall be listed for all subcontractors.
Note: Replace the second paragraph of Section 2-1.33A "General" of the Standard Specifications with the following: "On the Subcontractor List you may either submit the bid item numbers, and the percentage of each item subcontracted with your bid or email the information to engineering@danville.ca.gov".
t,W{Z-:}\2€e('\ enciinieie�·fnci \. QY(!\VC\hon 1\2'tJ CPDS+R\Ac-Hon ll)C.. Subcontractor Busines; Name J I Subcontractor Business Name Email address: 7 ex,� e> lYt-¥::)�-€.ef\ •• CO !vi pcu')� • n�mail address: U\lnd<>e+t:,yJCl\1"1Y,(cl-\0Yl • (() M Cltt t:,.u�+T"fi'.\'UL:: toad �ct �PfcQnv0\2 12-ogd Street Address , � J . Street Address A\ �! k-Oa i \.)«n oaqu,n \A�fAAou --��a Ci!)'. County ., Ci� County CA 95�D e,J '\4-'5SC> State Dt'M,o \&b'Qn (P) Zip State Zip Mn�\'Zouhd Description of Work to be Subcontracted Description of Work to be Subcontracted I O\D lo ]:<l f California State Contractor License No(s). \OOJ>ld"kll:'.2..:-
4-3::1:1 \ 1: California State Contractor License No(s). \D00D0'5lQOO IR�egistration No._l_,\o_1_% DIR Registration No. I dMJ )1::f> \11,., l'i e, 9 . q � %Bid Item No(s!. \'tA, I -t&, \ 15 > Percentage Bid Item o(s). (See Note Above) Percentage (See Note Above)
Al,v: CDYWJZ:l( 'al ftvlU.. \nc. . Subcontractor Business Name
State Zip Jioq, Description of Work to be Subcontracted �1-oooo California State Contractor License No(s). \ 0 t) 0 b .-1\-3:::1::1::".J DIR REljJistratlon No.
q 4:, I\ e» "2--.14: %Bid Item No(s). Percentage (See Note Above) (See Note Above)
(Attach additional sheets if needed)
P-5
(See Note Above) 1-1, 50 (See Note Above)
Subcontractor Budiness Name Email address: _________ _
Street Addre��1::': ! oa1i-1an4 �!!-'Mia� Cl,ty County � q��o� State Zip
��ri�!o;�fw� to be Subcontracted qsci.:r-9 California State Contractor License No(s). ,000000000
DIR istration No. ?-41 -:u,o, Percentage % Bid Item No(s).12,..,+..i 1A-,1(See Note Above) o I (See Note Above)
EXHIBIT A
m QF CALIFO!·NIA::::CALIFORNIA ST ATE TRANSPORTATION AGENCY EDMUND G BROWN Jt, G!lY51112r
DEPARTMENT OF TRANSPORTATION
DIVISION OF ENGINEERING SERVICES
OFFICE ENGINEER
1727 30th STREET, MS 43
SACRAMENTO, CA 95816-8041 Flex your power! PHONE (916) 227-6195 Be energy efficient!
FAX (916)227-6282 www.dot.ca.gov/ca.gov/esc/oe September 17, 2013 Aaron O'Brien, Chief Estimator Los Angeles Engineering, Inc. 633 N. Barranca Ave Covina, CA 591176 Dear Mr. O'Brien: Facsimile: (626) 454-5226 07-27830407-LA-405-4.3B.0. 09/05/2013The Department of Transportation (Caltrans) received a bid submitted by Los Angeles Engineering, Inc. (Los An geles Engineering) for Contract 07-278304 on September 05, 2013. Caltrans notifies Los Angeles Engineering that its bid is nonresponsive because it failed to properly submit the Subcontractor List. Caltrans 2010 Standard Specifications, Section 2-1.33C Subcontractor List states in part ... "The
Subcontractor List must show the name, address, and work portions to be performed by each
subcontractor listed. Show work portions by bid item number, description, and percentage of
each bid item subco ntracted''. On the Subcontractor List foin1 in column 3, Los Angeles Engineering listed percentages that are representative of the total contract bid, rather than the percent of the bid item(s) subcontracted. As a result, Cal trans was unable to detein1ine the actual percen tage of work being perfoin1ed. Based on the above, Caltrans finds Los Angeles Engineering's bid is nonresponsive. Caltrans will proceed to award the contract to the lowest responsible bidder provided all requirements are met. Your attention is directed to Section 3-1.04 of the 2010 Standard Specifications. Cal trans is not obligated to offer an extension of the award period for a nonresponsive bid. Should you wish to extend your bid while resolving a nonresponsive finding, you must send your request to the Office Engineer no later than 4:00 p.m., two business days prior to the expiration of your bid. If you have any questions, please contact Mulissa Smith, Contract Awards Branch Chief, at (916)227-6228.\½,JOHN C. cMILLAN Deputy Division Chief Office Engineer Division of Engineering Services Attachments
"Ca/trans improves mobility across California"
EXHIBIT B
STATE Of CALIFORNIA--CALIFQRNJA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr . Governor
DEPARTMENT OF TRANSPORTATION DIVISION OF ENGINEERING SERVICES OFFICE ENGINEER 1727 30th STREET, MS 43 SACRAMENTO, CA 95816-8041 Flex your power! PHONE (916) 227-6195 Be energy efficient! FAX (916)227-6282 www.dot.ca.gov/ca.gov/esc/oe
August 28, 2013
Baltazar Siqueiros, President
Baltazar Construction, Inc.
236 E. Arrow Hwy
Covina, CA 91722
Dear Mr. Siqueiros:
Facsimile: (626) 339 -8620
07-3X 4104
07-LA -2-32.5
B.O. 08/01/2013
The Department of Transportation (Caltrans) received a bid submitted by Baltazar Construction,
Inc. (Baltazar) for Contract 07-3X4104 on August 01, 2013. Caltrans not ifies Baltazar that its bid is nonresponsive because it failed to properly submit the Subcontractor List.
Caltrans 2010 Standard Specifications, Section 2-1.33C Subcontractor List states in part ... "TheSubcontractor List must show the name, address, and work portions to be pe,formed by each subcontractor listed. Show work portions by bid item number, description, and percentage of
each bid item subcontracted".
On the Subcontractor List form in column 3, Baltazar listed percentages that are representative of
the total contract bid, rather than the percent of the bid item(s) subcontracted. As a result, Caltrans was unable to detennine the actual percentage of work being performed.
Based on the above, Caltrans finds Baltazar's bid nonresponsive. Caltrans will proceed to award the
contract to the lowest responsible bidder provi ded all requirements are met.
You r attention is directed to Section 3-1.04 of the 2010 Standard Specifications. Caltrans is not obligated to off er an extension of the award period for a nonresponsive bid. Should you wish to
extend your bid while resolving a nonresponsive finding, you must send your request to the Office Engineer no later than 4:00 p.m., two business days prior to the expiration of your bid.
If you have any questions, please contact Mulissa Smith, Contract Awards Branch Chief, at
(916)227-6228.
----� JO McMILLAN ✓ Deputy Division Chief
Office Engineer
Division of Engineering Services
Attachment
"Ca/trans improves mobility across California"
EXHIBIT C
STAT!:, OF CALlfORNlA:=:CALIEQRNJA STATE TRANSPORTATION AGENCY EDMUND G BROWN Jr Governor
DEPARTMENT OF TRANSPORTATION DI VISION OF ENGINEERING SERVICES OFFICE ENGINEER � 1727 30th STREET, MS-43 P.O. BOX 168041 SACRAMENTO, CA 95816·8041 PHONE (916) 227-6299
Serious drought.
Help ,ave water!
FAX (916)227-6282 TIY 711 www .dot.ca.gov
March 12, 2015
Randy Hill, President
Randy Hill Construction, Inc.
5237 Mallard Estates Road Chico, CA 95973
Dear Mr. Hill:
Facsimile: (530) 899-19--19
02-0E3604
02-Teh-5-10.5
B.O. 02/26/15
The Department of Transportation (Caltrans) received a bid submitted by Randy Hill Construction, Inc.
(Randy Hill) for Contract 02-0E3604 on February 26, 2015. Caltrans notifies Randy Hill that its bid is
nonresponsive since Randy Hill did not comply with Contract Special Provisions Section 2-l .10, Subcontractor List which states in part:
The Subcontractor List must show the name, address, and work portions to be pe,formed by each
subcontractor listed Show work portions by bid item number, description, and percentage of each
bid item subcontracted.
Upon review of the bid documents, Caltrans determined that Randy Hill listed on the Subcontractor List
form, Solid Rock, bid item 80 (Building Work), but failed to document the 'Percentage of Bid Item
Subcontracted'. Therefore, Caltrans was unable to interpret the bid submitted.
Based on the above, Caltrans finds Randy Hill nonresponsive. Caltrans will proceed to award the
contract to the lowest responsible bidder provided all requirements are met.
Your attention is directed to Section 3-1.04 of the 2010 Standard Specifications. Caltrans is not obligated to offer an extension of the award period for a nonresponsive bid. Should you wish to extend your bid while resolving a nonresponsive finding, you must send your request to the Office Engineer no later than 4 :00 p.m ., two business days prior to the expiration of your bid.
If you have any questions, please contact Mulissa Smith, Contract Awards Branch Chief, at
(916)227-6228.
Sincerely,
JOHN C. McMILLAN
Deputy Division Chief
Office Engineer Division of Engineering Services
'·Provide a safe, sustainable. mtegraled and 4}iciefl/ tran1portation system
to enhance Cal/fornia 's economy and livability ..
EXHIBIT D
DEPARTMENT Of TRANSPORTATION
DIVISION OF ENGINl:TRING SCRVIC[S
1727 30"• Stre,,:. MS-43
PHC>r�E {9�.6) ?:>7-62.99
! /,X (916) 22/-6:22,'.2
Vi\VVV ,dO t .CO-QOV /hq/ C:.\C/
Morch 27, 2025
Joseph Femdinc. Vice Presidenl
Security Paving Compony, Inc. 3075 Townsgate Rood, STF. 700
Westlake Village, CA 91361
Dear Mr. Ferndino:
Er-nnil: joe,c1 :securitypoving.com
07-353204
07-LA-�05-0.0/ 12.8B.O. 3/20/?025
The Department of Transportotion (Coltrans) received a bid submitted by Security Paving Company, Inc. (Security Poving) for the above-referenced federal aid contrac:1 on Morch 20, 2025. By this letter, Calirons notifies Security PavinrJ that its bid
is nonresponsive.
Your aitention is directe,j to the 2024 Standard Specifications Section 2-1. 10, Subcontroc!or List, which slates in pod: ''On the Subco11!roctor List forn7, list eoch subcontrocto1 tho1 will per1orrn work in an arnount in excess of l /2 ol l percent of lhe
total bid or $10,000, whichever is greoter (Put) Cont Code§ 4100 et seq.).
For each subcontractor listed, the Subcontroctor List form rnust show:
"4. Porlion of work it will pcrlorrn. Show trw portion ot the work by:
4.l. Bid itern numbers for the subcontracted work4.2. Percentage of the subcontracted work for each bid item listed4.3. Description of the subcontr acted work if the percentage of the bid item
listed is less than 100 percent." (Emphasis added.)
Colt rems reviewed Security PavinrJ' s bid subrniltol and found that Security Povir,�:J listed Ferreiro Cons!ructicm Co, Inc. (Ferreiro) for bid ilern 160, Midwest Guardrail Sys tern (Wood Post). However, SecLJl'ity Paving failed to provide the percentoge of work to be perforrned ond o description for this bid item. By not listing the required bid iter-n perccnto(Jc cmd dc::scription in i1s Subcontracior List forr-r1, Security Poving·sbicJ does not odequotely ideniify its co11m1itrnent to i!s subc:on1roclors, cmd ii is unclcrn whut work Security Povinq will be �elf-perfonr1inq. As Securiiy Povinq ciid not comply wiil, the": ol)ovF:·Slo1Rd <;pf:ciliui!ion or 1he co1rR';pcmcJi11q S11rjp,11inq nnd
Subcontracting Fair Pmctices Acl (Pub Cont Code§ 4100 er seq.), among other rc,asons, its bid is nonresponsive.
EXHIIBIT E
Subcontractor List
The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code, and as required by the provisions in Section 2.1.01, "General," of the Special Provisions. In accordance with California Public Contract Code Section 4104, State contractor licenses shall be listed for all subcontractors.
Note: Replace the second paragraph of Section 2-1.33A "General" of the Standard Specifications with the following: "On the Subcontractor List you may either submit the bid item numbers, and the percentage of each item subcontracted with your bid or email the information to engineering@danville.ca.gov".
t,W{Z-:}\2€e('\ enciinieie�·fnci \. QY(!\VC\hon 1\2'tJ CPDS+R\Ac-Hon ll)C.. Subcontractor Busines; Name J I Subcontractor Business Name Email address: 7 ex,� e> lYt-¥::)�-€.ef\ •• CO !vi pcu')� • n�mail address: U\lnd<>e+t:,yJCl\1"1Y,(cl-\0Yl • (() M Cltt t:,.u�+T"fi'.\'UL:: toad �ct �PfcQnv0\2 12-ogd Street Address , � J . Street Address A\ �! k-Oa i \.)«n oaqu,n \A�fAAou --��a Ci!)'. County ., Ci� County CA 95�D e,J '\4-'5SC> State Dt'M,o \&b'Qn (P) Zip State Zip Mn�\'Zouhd Description of Work to be Subcontracted Description of Work to be Subcontracted I O\D lo ]:<l f California State Contractor License No(s). \OOJ>ld"kll:'.2..:-
4-3::1:1 \ 1: California State Contractor License No(s). \D00D0'5lQOO IR�egistration No._l_,\o_1_% DIR Registration No. I dMJ )1::f> \11,., l'i e, 9 . q � %Bid Item No(s!. \'tA, I -t&, \ 15 > Percentage Bid Item o(s). (See Note Above) Percentage (See Note Above)
Al,v: CDYWJZ:l( 'al ftvlU.. \nc. . Subcontractor Business Name
State Zip Jioq, Description of Work to be Subcontracted �1-oooo California State Contractor License No(s). \ 0 t) 0 b .-1\-3:::1::1::".J DIR REljJistratlon No.
q 4:, I\ e» "2--.14: %Bid Item No(s). Percentage (See Note Above) (See Note Above)
(Attach additional sheets if needed)
P-5
(See Note Above) 1-1, 50 (See Note Above)
Subcontractor Budiness Name Email address: _________ _
Street Addre��1::': ! oa1i-1an4 �!!-'Mia� Cl,ty County � q��o� State Zip
��ri�!o;�fw� to be Subcontracted qsci.:r-9 California State Contractor License No(s). ,000000000
DIR istration No. ?-41 -:u,o, Percentage % Bid Item No(s).12,..,+..i 1A-,1(See Note Above) o I (See Note Above)
EXHIBIT A
m QF CALIFO!·NIA::::CALIFORNIA ST ATE TRANSPORTATION AGENCY EDMUND G BROWN Jt, G!lY51112r
DEPARTMENT OF TRANSPORTATION
DIVISION OF ENGINEERING SERVICES
OFFICE ENGINEER
1727 30th STREET, MS 43
SACRAMENTO, CA 95816-8041 Flex your power! PHONE (916) 227-6195 Be energy efficient!
FAX (916)227-6282 www.dot.ca.gov/ca.gov/esc/oe September 17, 2013 Aaron O'Brien, Chief Estimator Los Angeles Engineering, Inc. 633 N. Barranca Ave Covina, CA 591176 Dear Mr. O'Brien: Facsimile: (626) 454-5226 07-27830407-LA-405-4.3B.0. 09/05/2013The Department of Transportation (Caltrans) received a bid submitted by Los Angeles Engineering, Inc. (Los An geles Engineering) for Contract 07-278304 on September 05, 2013. Caltrans notifies Los Angeles Engineering that its bid is nonresponsive because it failed to properly submit the Subcontractor List. Caltrans 2010 Standard Specifications, Section 2-1.33C Subcontractor List states in part ... "The
Subcontractor List must show the name, address, and work portions to be performed by each
subcontractor listed. Show work portions by bid item number, description, and percentage of
each bid item subco ntracted''. On the Subcontractor List foin1 in column 3, Los Angeles Engineering listed percentages that are representative of the total contract bid, rather than the percent of the bid item(s) subcontracted. As a result, Cal trans was unable to detein1ine the actual percen tage of work being perfoin1ed. Based on the above, Caltrans finds Los Angeles Engineering's bid is nonresponsive. Caltrans will proceed to award the contract to the lowest responsible bidder provided all requirements are met. Your attention is directed to Section 3-1.04 of the 2010 Standard Specifications. Cal trans is not obligated to offer an extension of the award period for a nonresponsive bid. Should you wish to extend your bid while resolving a nonresponsive finding, you must send your request to the Office Engineer no later than 4:00 p.m., two business days prior to the expiration of your bid. If you have any questions, please contact Mulissa Smith, Contract Awards Branch Chief, at (916)227-6228.\½,JOHN C. cMILLAN Deputy Division Chief Office Engineer Division of Engineering Services Attachments
"Ca/trans improves mobility across California"
EXHIBIT B
STATE Of CALIFORNIA--CALIFQRNJA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr . Governor
DEPARTMENT OF TRANSPORTATION DIVISION OF ENGINEERING SERVICES OFFICE ENGINEER 1727 30th STREET, MS 43 SACRAMENTO, CA 95816-8041 Flex your power! PHONE (916) 227-6195 Be energy efficient! FAX (916)227-6282 www.dot.ca.gov/ca.gov/esc/oe
August 28, 2013
Baltazar Siqueiros, President
Baltazar Construction, Inc.
236 E. Arrow Hwy
Covina, CA 91722
Dear Mr. Siqueiros:
Facsimile: (626) 339 -8620
07-3X 4104
07-LA -2-32.5
B.O. 08/01/2013
The Department of Transportation (Caltrans) received a bid submitted by Baltazar Construction,
Inc. (Baltazar) for Contract 07-3X4104 on August 01, 2013. Caltrans not ifies Baltazar that its bid is nonresponsive because it failed to properly submit the Subcontractor List.
Caltrans 2010 Standard Specifications, Section 2-1.33C Subcontractor List states in part ... "TheSubcontractor List must show the name, address, and work portions to be pe,formed by each subcontractor listed. Show work portions by bid item number, description, and percentage of
each bid item subcontracted".
On the Subcontractor List form in column 3, Baltazar listed percentages that are representative of
the total contract bid, rather than the percent of the bid item(s) subcontracted. As a result, Caltrans was unable to detennine the actual percentage of work being performed.
Based on the above, Caltrans finds Baltazar's bid nonresponsive. Caltrans will proceed to award the
contract to the lowest responsible bidder provi ded all requirements are met.
You r attention is directed to Section 3-1.04 of the 2010 Standard Specifications. Caltrans is not obligated to off er an extension of the award period for a nonresponsive bid. Should you wish to
extend your bid while resolving a nonresponsive finding, you must send your request to the Office Engineer no later than 4:00 p.m., two business days prior to the expiration of your bid.
If you have any questions, please contact Mulissa Smith, Contract Awards Branch Chief, at
(916)227-6228.
----� JO McMILLAN ✓ Deputy Division Chief
Office Engineer
Division of Engineering Services
Attachment
"Ca/trans improves mobility across California"
EXHIBIT C
STAT!:, OF CALlfORNlA:=:CALIEQRNJA STATE TRANSPORTATION AGENCY EDMUND G BROWN Jr Governor
DEPARTMENT OF TRANSPORTATION DI VISION OF ENGINEERING SERVICES OFFICE ENGINEER � 1727 30th STREET, MS-43 P.O. BOX 168041 SACRAMENTO, CA 95816·8041 PHONE (916) 227-6299
Serious drought.
Help ,ave water!
FAX (916)227-6282 TIY 711 www .dot.ca.gov
March 12, 2015
Randy Hill, President
Randy Hill Construction, Inc.
5237 Mallard Estates Road Chico, CA 95973
Dear Mr. Hill:
Facsimile: (530) 899-19--19
02-0E3604
02-Teh-5-10.5
B.O. 02/26/15
The Department of Transportation (Caltrans) received a bid submitted by Randy Hill Construction, Inc.
(Randy Hill) for Contract 02-0E3604 on February 26, 2015. Caltrans notifies Randy Hill that its bid is
nonresponsive since Randy Hill did not comply with Contract Special Provisions Section 2-l .10, Subcontractor List which states in part:
The Subcontractor List must show the name, address, and work portions to be pe,formed by each
subcontractor listed Show work portions by bid item number, description, and percentage of each
bid item subcontracted.
Upon review of the bid documents, Caltrans determined that Randy Hill listed on the Subcontractor List
form, Solid Rock, bid item 80 (Building Work), but failed to document the 'Percentage of Bid Item
Subcontracted'. Therefore, Caltrans was unable to interpret the bid submitted.
Based on the above, Caltrans finds Randy Hill nonresponsive. Caltrans will proceed to award the
contract to the lowest responsible bidder provided all requirements are met.
Your attention is directed to Section 3-1.04 of the 2010 Standard Specifications. Caltrans is not obligated to offer an extension of the award period for a nonresponsive bid. Should you wish to extend your bid while resolving a nonresponsive finding, you must send your request to the Office Engineer no later than 4 :00 p.m ., two business days prior to the expiration of your bid.
If you have any questions, please contact Mulissa Smith, Contract Awards Branch Chief, at
(916)227-6228.
Sincerely,
JOHN C. McMILLAN
Deputy Division Chief
Office Engineer Division of Engineering Services
'·Provide a safe, sustainable. mtegraled and 4}iciefl/ tran1portation system
to enhance Cal/fornia 's economy and livability ..
EXHIBIT D
DEPARTMENT Of TRANSPORTATION
DIVISION OF ENGINl:TRING SCRVIC[S
1727 30"• Stre,,:. MS-43
PHC>r�E {9�.6) ?:>7-62.99
! /,X (916) 22/-6:22,'.2
Vi\VVV ,dO t .CO-QOV /hq/ C:.\C/
Morch 27, 2025
Joseph Femdinc. Vice Presidenl
Security Paving Compony, Inc. 3075 Townsgate Rood, STF. 700
Westlake Village, CA 91361
Dear Mr. Ferndino:
Er-nnil: joe,c1 :securitypoving.com
07-353204
07-LA-�05-0.0/ 12.8B.O. 3/20/?025
The Department of Transportotion (Coltrans) received a bid submitted by Security Paving Company, Inc. (Security Poving) for the above-referenced federal aid contrac:1 on Morch 20, 2025. By this letter, Calirons notifies Security PavinrJ that its bid
is nonresponsive.
Your aitention is directe,j to the 2024 Standard Specifications Section 2-1. 10, Subcontroc!or List, which slates in pod: ''On the Subco11!roctor List forn7, list eoch subcontrocto1 tho1 will per1orrn work in an arnount in excess of l /2 ol l percent of lhe
total bid or $10,000, whichever is greoter (Put) Cont Code§ 4100 et seq.).
For each subcontractor listed, the Subcontroctor List form rnust show:
"4. Porlion of work it will pcrlorrn. Show trw portion ot the work by:
4.l. Bid itern numbers for the subcontracted work4.2. Percentage of the subcontracted work for each bid item listed4.3. Description of the subcontr acted work if the percentage of the bid item
listed is less than 100 percent." (Emphasis added.)
Colt rems reviewed Security PavinrJ' s bid subrniltol and found that Security Povir,�:J listed Ferreiro Cons!ructicm Co, Inc. (Ferreiro) for bid ilern 160, Midwest Guardrail Sys tern (Wood Post). However, SecLJl'ity Paving failed to provide the percentoge of work to be perforrned ond o description for this bid item. By not listing the required bid iter-n perccnto(Jc cmd dc::scription in i1s Subcontracior List forr-r1, Security Poving·sbicJ does not odequotely ideniify its co11m1itrnent to i!s subc:on1roclors, cmd ii is unclcrn whut work Security Povinq will be �elf-perfonr1inq. As Securiiy Povinq ciid not comply wiil, the": ol)ovF:·Slo1Rd <;pf:ciliui!ion or 1he co1rR';pcmcJi11q S11rjp,11inq nnd
Subcontracting Fair Pmctices Acl (Pub Cont Code§ 4100 er seq.), among other rc,asons, its bid is nonresponsive.
EXHIIBIT E
From:Ravi Agrawal
To:Allan Shields; Engineering
Subject:Goodfellow Bros C-055 Diablo Ped Trail Project Subcontractor List
Date:Tuesday, July 22, 2025 1:59:44 PM
Attachments:RSImage-4922.png
RSImage-4914.png
RSImage-4913.png
RSImage-4912.png
RSImage-4911.png
Goodfellow Bros C-055 Diablo Ped Trail Project Subcontractor List.pdf***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFFThis email originated from outside of the Town of Danville and was not sent from a TownStaff member! Do not click on links or open attachments unless you recognize the sender andknow the content is safe.
Mr. Shields,
As allowed under Section 2-1.33A for Contract No. C055 – Diablo Road Pedestrian Trail and
Drainage Improvements, we’ve attached a breakdown of the subcontracted bid item
percentages for each listed subcontractor for email submission.
Please let us know if any further clarification is required.
Thanks
Ravi Agrawal
Sr. Estimator
C:925-525-7947
E:ravia@goodfellowbros.com
W:www.goodfellowbros.com
50 Contractors Street Livermore CA 94551
Celebrating a Century of Service as the Contractor of Choice
ATTACHMENT E
Goodfellow Bros. California LLC
SUBCONTRACTOR LIST
SUBCONTRACTOR BID ITEMS % OF ITEMS SUBCONTRACTED
All Commercial Fence Inc. 9a, 9b 69.3, 100
Case Pacific 18a, 19 33.7, 27.7
Dirt & Aggregate Interchange Inc. 20 100
Evergreen Engineering & Excavation 6, 9a, 7a 100, 15.8, 77.6
Farwest Safety 33 100
Golden Bay Fence 34 100
McGuire & Hester 16, 26a, 26b, 26c, 26d, 27, 37, 31 41.8, 100, 100, 100, 100, 100, 100
Murga, Strange & Chalmers Inc 12b, 15, 35, 36 1.4, 59.9, 33.8, 100
Pacific Northwest Oil 25a 100
Retaining Walls Co 17 100
SSEC 8, 28, 29 60, 100, 100
TDW Construction Inc. 1, 12a, 12b, 13a, 13b, 14a, 14b, 15, 21, 30 6.4, 100, 85, 100, 100, 100, 100, 2.5, 68.2, 100
C-055 DIABLO ROAD PEDESTRIAN TRAIL AND DRAINAGE IMPROVEMENTS PROJECT
From:Ravi Agrawal
To:Allan Shields
Subject:RE: Diablo Road Pedestrian Train and Drainage Improvements Project, Protest of Goodfellow Bros."s bid, Bid Opening:
7/15/2025
Date:Monday, July 28, 2025 12:43:06 PM
Attachments:image006.png
image007.png
image008.png
image010.png
image011.png
image012.png
GBI"s Response to Bay Cities Protest - Diablo Road Ped Trail Project C055.pdf***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFFThis email originated from outside of the Town of Danville and was not sent from a TownStaff member! Do not click on links or open attachments unless you recognize the sender andknow the content is safe.
Mr. Shields,
Please find attached our formal response to the bid protest submitted by Bay Cities Paving
& Grading, Inc., dated July 21, 2025, concerning Contract No. C-055 for the Diablo Road
Pedestrian Trail and Drainage Improvements Project.
We appreciate the opportunity to address the concerns raised in the protest and provide
clarification regarding the compliance of our bid.
As outlined in the attached letter, we believe that GBI’s bid is fully responsive and
submitted in accordance with all applicable requirements.
We look forward to the opportunity to collaborate with the Town on the successful
execution of this project.
Thank you,
With Regards,
Ravi Agrawal
Ravi Agrawal
Sr. Estimator
Goodfellow Bros.
C:925-525-7947
From: Allan Shields <ashields@danville.ca.gov>
Sent: Monday, July 21, 2025 3:23 PM
To: Ravi Agrawal <ravia@goodfellowbros.com>
Subject: [External] - FW: Diablo Road Pedestrian Train and Drainage Improvements Project, Protest of
Goodfellow Bros.'s bid, Bid Opening: 7/15/2025
ATTACHMENT F
Hello,
We are in the process of reviewing the bids. We have received the following protest
specifically to your bid. Please see the attached protest and attached five exhibits.
Allan Shields
Transportation Manager
Town of Danville | 500 La Gonda Way | Danville, CA 94526
(925) 314-3374 | f (925) 314-3781 | Call me in Teams
ashields@danville.ca.gov | https://www.danville.ca.gov/172/Transportation
From: Marlo Manqueros <MManqueros@BayCities.US>
Sent: Monday, July 21, 2025 10:31 AM
To: Allan Shields <ashields@danville.ca.gov>
Cc: Benjamen Rodriguez <ben@baycities.us>; Kyle Jarmicki <kjarmicki@baycities.us>; Michael Phan
<mphan@baycities.us>
Subject: Diablo Road Pedestrian Train and Drainage Improvements Project, Protest of Goodfellow Bros.'s
bid, Bid Opening: 7/15/2025
***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFFThis email originated from outside of the Town of Danville and was not sent from a TownStaff member! Do not click on links or open attachments unless you recognize the senderand know the content is safe.
Dear Mr. Shields,
Enclosed please find Bay Cities’ protest of Goodfellow’s bid for the above-referenced project.
Should you have any questions or wish to discuss this protest, please contact me.
Marlo Manqueros
Executive Vice-President & General Counsel
O: (925) 446-6001
www.baycities.us