HomeMy WebLinkAboutMINUTES - 07182006 - C.1 TO: BOARD OF SUPERVISORS s-------
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.- Contra
FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR o` kmiia=
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DATE: July 18, 2006 C o u y
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SUBJECT: APPROVE plans and specifications, AWARD and AUTHORIZE the Public Works Director, or
designee, to execute a contract to the lowest responsive and responsible bidder for the Pinehurst
Road Retaining Wall Replacement project, Moraga/Canyon area, (District II) Project No. 0662-
6U4063-05.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE plans and specifications;AWARD and AUTHORIZE the Public Works Director,or designee,to execute
a contract in the amount of$379,140.00 to Cumiskey Construction, Inc., the lowest responsive and responsible
bidder for the Pinehurst Road Retaining Wall Replacement project,Moraga/Canyon area. (Road Funds)(District
II) Project No. 0662-6U4063-05.
FISCAL IMPACT:
Project will be funded by 100%Road Funds.
Continued on Attachment: ® SIGNATURE:
aRECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
[' APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BO R ON 'U
APPROVED AS COMM D OTHER ❑
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
VOCE OF SUPERVISORS the date shown.
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: �� v7/ 6
JOHN CULLEN,C rk e Board of Supervisors and County
Administrator
G:\Const\BO\2006\7-18-06 ALTERNATIVE Pinehurst Road Retainting Wall Replacement
Award.doc
By ,Deputy
Orig.Div:Public Works( Division)
Contact: �_ )
cc: Auditor-Controller
E.Kuevor,CAO
County Counsel
Contractor
Surety
SUBJECT: Award of Contract for Pinehurst Road Retaining Wall Replacement project, Moraga/Canyon
area. (District II) Project No.0662-6U4063-05
DATE: July 18, 2006
PAGE: 2 of 3
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Public Works Department received bids from the following contractors:
BIDDER TOTAL AMOUNT BOND AMOUNTS
Cumiskey Construction, Inc. $379,140.00 Payment: $379,140.00
851Head Street Performance: $379,140.00
San Francisco, CA 94132
Condon-Johnson &Associates, Inc.
Oakland, CA 94621
Hillside Drilling, Inc.
Richmond, CA 94804
Valentine Corporation
San Rafael, CA 94901
Engineered Soil Repairs, Inc.
Walnut Creek, CA 94597
The above-captioned project having been previously approved,and the plans and specifications having been
prepared by, filed with, and approved by the Board of Supervisors, and bids having been duly invited and received
by the Director of Public Works on June 13, 2006; and
The general prevailing rates of wages,which shall be the minimum rates paid on this project,having been
filed with the Clerk of the Board, and copies to be made available to any party upon request; and
The Board of Supervisors having determined that the project is exempt from the California Environmental
Quality Act as a Class 2(c),and a°Notice of Exemption having been filed with the County Clerk on August 8,2005;
and
The bidder listed first above, Cumiskey Construction, Inc., having submitted the lowest responsive and
responsible bid, which is $20,353.00 less than the next lowest bid; and
The Affirmative Action Officer having reported that Cumiskey Construction, Inc. has documented an
adequate good faith effort to comply with the requirements of the County's Outreach Program; and
The Director of Public Works recommending that the bid submitted by Cumiskey Construction, Inc. is
the lowest responsive and responsible bid, and this Board concurring and so finding;
NOW, THEREFORE, the Board finds, determines and orders as follows:
The Board APPROVES the plans and specifications for the project; and
The Board DETERMINES that Cumiskey Construction, Inc. as the lowest responsive and responsible
bidder, has demonstrated an adequate good faith effort, pursant to the specifications for this project, to comply
with the requirements of the Count's Outreach Program and further determines that Cumiskey Construction, Inc.
has complied with the Mandatory Subcontracting Minimum:, and;
SUBJECT: Award of Contract for Pinehurst Road Retaining Wall Replacement project, Moraga/Canyon
area. (District II) Project No.0662-6U4063-05
DATE: July 18, 2006
PAGE: 3 of 3
The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded
to Cumiskey Construction, Inc. at the listed amount and at the unit prices submitted in said bid, and that said
contractor shall present two good'and sufficient surety bonds as indicated'above, and that the Director of Public
Works shall prepare the contract therefore; and
The Board FURTHER ORDERS that after the contractor has signed the contract and returned it,together with the
bonds as noted above and any required certificates of insurance or other required documents, and the Director of
Public Works has reviewed and found them to be sufficient,the Director of Public Works,or designee,is authorized
to sign the contract for this Board; and
The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the
contract by the Director of Public Works,or designee,any bid bonds posted by the bidders are to be exonerated and
any checks or cash submitted for security shall be returned; and
The Board FURTHER ORDERS„that the Director of Public Works, or designee is authorized to sign any escrow
agreements prepared for this proj„ect to permit the direct payment of retentions into escrow or the substitution of
securities for moneys withheld by the County to ensure performance under the contract,pursuant to Public Contract
Code Section 22300; and
Pursuant to Public Contract Code Section 4114,the Board DELEGATES its functions under Public Contract Code
Sections 4107 and 4110 to the Director of Public Works, or designee; and
Pursuant to Labor Code Section,6705, the Board also DELEGATES to the Director of Public Works or to any
registered civil or structural engineer employed by the County the authority to accept detailed plans showing the
design of shoring, bracing, sloping or other provisions to be made for worker protection during trench excavation
covered by that section; and
The Board DECLARES that,should the award of the contract to Cumiskey Construction,Inc.be invalidated for any
reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have
exercised its discretion to rej ect all of the bids received.Nothing herein shall prevent the Board from re-awarding the
contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the contract or
fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107).
CONSEQUENCES OF NEGATIVE ACTION:
The Pinehurst Road retaining wall will not be replaced.