HomeMy WebLinkAboutMINUTES - 10202009 - C.02RECOMMENDATION(S):
APPROVE plans and specifications; DETERMINE adequate compliance with Outreach
Program; AWARD construction contract, and AUTHORIZE Public Works Director, or
designee, to execute a contract in the amount of $149,818.60 to Malachi Construction, the
lowest responsive and responsible bidder, for the Montalvin Manor Sidewalk Improvements
project, Richmond area. Project No.: 4500-6X5470-09
FISCAL IMPACT:
Project will be funded by 75% Redevelopment funds and 25% Property Owner funds.
BACKGROUND:
The Public Works Department received bids from the following contractors:
LOW BIDDER: Malachi Construction, 503 South 18th Street, Richmond, CA 94804
TOTAL AMOUNT: $ 149,818.60
PAYMENT BOND AMOUNT: $ 149,818.60
PERFORMANCE BOND AMOUNT: $ 149,818.60
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/20/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Kevin Emigh,
313-2233
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 the date shown.
ATTESTED: October 20, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: P. Denison, Finance, A. Bell, Construction, J. Dowling, Construction
C. 2
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:October 20, 2009
Contra
Costa
County
Subject:Montalvin Manor Sidewalk Improvements, Project No.: 4500-6X5470-09
R.A.M.
BACKGROUND: (CONT'D)
Concrete
Vacaville, CA 95687
Cinray Construction
Antioch, CA 94531
Ben Becerra Concrete
Oroville, CA 95966
Nor-Cal Concrete
Suisun, CA 94585
FBD Vangard Construction
Livermore, CA 94550
Sposeto Engineering, Inc.
Union City, CA 94587
W.R. Forde Associates
Richmond, CA 94801
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 September 1, 2009, 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 an Article 19, Section 15301c Categorical
Exemption, and a Notice of Exemption having been filed with the County Clerk on July
21, 2009; and
The bidder listed first above, Malachi Construction, having submitted the lowest
responsive and responsible bid, which is $5,661.40 less than the next lowest bid; and
The Board having evaluated all of the documentation of the good faith effort to comply
with the County’s Outreach Program; and
The Director of Public Works recommending that the bid submitted by Malachi
Construction 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 Malachi Construction, as the lowest responsive and
responsible bidder, has demonstrated an adequate good faith effort to comply with the
requirements of the County’s Outreach Program, and the Board WAIVES any
irregularities in such compliance; and FURTHER DETERMINES that Malachi
Construction has complied with the Mandatory Subcontracting Minimum for the project;
and
The Board ORDERS that the contract for the furnishing of labor and materials for said
work is awarded to Malachi Construction 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 project 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 Malachi Construction
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 reject 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).
CONSEQUENCE OF NEGATIVE ACTION:
The Montalvin Manor Sidewalk Improvement project would not be built.
ATTACHMENTS
Attachment 1
Good Faith Statement