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.