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HomeMy WebLinkAboutMINUTES - 07132010 - C.06RECOMMENDATION(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 $1,653,980.55 to Graham Contractors, Inc., the lowest responsive and responsible bidder, for the 2010 Discovery Bay Terminal Blend Cape Seal project, Discovery Bay area, Project No. 0672-6U2152-10 FISCAL IMPACT: Project will be funded by 85% Local Road funds and 15% California Integrated Waste Management Board funds. BACKGROUND: The Public Works Department received bids from the following contractors: LOW BIDDER: Graham Contractors, Inc., 860 Lonus St., San Jose, CA 95126 TOTAL AMOUNT: $1,653,980.55 PAYMENT BOND AMOUNT: $1,653,980.55 PERFORMANCE BOND AMOUNT: $1,653,980.55 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/13/2010 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 Enigh, 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: July 13, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: ENY L. SHARP, Deputy cc: T. Rhys, Construction, M. Carlson, TE, C. Lau, TE, L. Costa, Design, P. Denison, Finance, J. Dowling, Construction C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 13, 2010 Contra Costa County Subject:2010 Discovery Bay Terminal Blend Cape Seal, Project # 0672-6U2152-10 George BACKGROUND: (CONT'D) Reed, Inc. Modesto, CA 95354 Windsor Fuel Company Pittsburg, CA 94563 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 10, 2010, 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 1c Categorical Exemption, and a Notice of Exemption having been filed with the County Clerk on April 16, 2009; and The bidder listed first above, Graham Contractors, Inc., having submitted the lowest responsive and responsible bid, which is $415,779.45 less than the next lowest bid; and The Affirmative Action Officer having evaluated all of the documentation of the 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 Graham Contractors, 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 Graham Contractors, Inc., as the lowest responsive and responsible bidder, has demonstrated an adequate good faith effort pursuant to the specifications for this project, to comply with the requirements of the County’s Outreach Program; and FURTHER DETERMINES that Graham Contractors, Inc. 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 Graham Contractors, 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 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 Graham Contractors, 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 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 2010 Discovery Bay Terminal Blend Cape Seal project would not be built.