Legislation Details

File #: 24-1059   
On agenda: 10/8/2024 Final action: 10/8/2024
Enactment date: Enactment #:
Recommended Action(s)
1. Adopt specifications for Contract 24-06-M Road Preservation Treatments (Contract); and 2. Reject request by American Pavement Systems, Inc. (American), 1012 11th Street Suite 1000, Modesto, CA 95354, the lowest bidder, who requested relief from its bid outside of the statutory time frame (Public Contract Code section 5103) for such request, and authorize the Director of the Department of Public Works and Planning (the "Director") to inform American of such rejection; 3. Authorize the Director to either accept payment in the amount of $6,563.75 from American which is equal to the difference between the bid of American in the total amount of $4,564,129.75 and the bid of the second lowest bidder Talley Oil, Inc. (Talley Oil), 12483 Road 29, Madera, CA 93638-8401, in the total amount of $4,570,693.50 or prosecute the forfeiture of a portion of American's bid bond, $6,563.75, issued by surety Travelers Casualty and Surety Company of America, $456,412.98, for American's failure to ent...
Attachments: 1. Agenda Item, 2. Location Maps, 3. Bid Summary, 4. Attachment A, 5. Contract No. 24-06-M Road Preservation Treatments (executed contract)
DATE: October 8, 2024

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning

SUBJECT: Award Contract 24-06-M Road Preservation Treatments

RECOMMENDED ACTION(S):
TITLE
1. Adopt specifications for Contract 24-06-M Road Preservation Treatments (Contract); and

2. Reject request by American Pavement Systems, Inc. (American), 1012 11th Street Suite 1000, Modesto, CA 95354, the lowest bidder, who requested relief from its bid outside of the statutory time frame (Public Contract Code section 5103) for such request, and authorize the Director of the Department of Public Works and Planning (the "Director") to inform American of such rejection;

3. Authorize the Director to either accept payment in the amount of $6,563.75 from American which is equal to the difference between the bid of American in the total amount of $4,564,129.75 and the bid of the second lowest bidder Talley Oil, Inc. (Talley Oil), 12483 Road 29, Madera, CA 93638-8401, in the total amount of $4,570,693.50 or prosecute the forfeiture of a portion of American's bid bond, $6,563.75, issued by surety Travelers Casualty and Surety Company of America, $456,412.98, for American's failure to enter into the Contract to recover the difference between the bid of American in the total amount $6,563.75 and the bid of Talley Oil, in the total amount of $4,570,693.50; and

4. Award the Contract to the second lowest bidder, Talley Oil, in the amount of $4,486,318.50 for the base bid and Additives 1 through 5.
REPORT
Approval of the first recommended action will result in your Board's adoption of specifications for the proposed Contract.

Approval of the second recommended action will reject the request by American, the lowest bidder, who requested relief from its bid outside of the statutory time frame (Public Contract Code section 5103) for such request and authorize the Director to inform American of such rejection.

Approval of the third recommended action w...

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