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HomeMy WebLinkAboutMINUTES - 07182006 - C.1 TO: BOARD OF SUPERVISORS s------- Contra .- Contra FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR o` kmiia= Costa C DATE: July 18, 2006 C o u y rA coux'f't 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.