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HomeMy WebLinkAboutMINUTES - 03012011 - C.10RECOMMENDATION(S): (1) APPROVE plans, specifications, and design for the above project. (2) DETERMINE that the lowest monetary bidder, Grade Tech Inc. (“Grade Tech”), has failed to document an adequate good faith effort to comply with the requirements of the County’s Outreach Program and has failed to meet the Mandatory Subcontracting Minimum (MSM) for this project, as provided in the project specifications, and FURTHER DETERMINE that Grade Tech’s bid is non-responsive and REJECT the bid on that basis. (3) DETERMINE that the next lowest monetary bidder, FANFA, Inc. (“FANFA”), has documented an adequate good faith effort to comply with requirements of the County’s Outreach Program and has exceeded the MSM for this project, as provided in the project specifications, and that FANFA submitted the lowest responsive and responsible bid for this project. (4) AWARD the construction contract for the above project to FANFA in the listed amount ($329,685.00) and the unit prices submitted in the bid and DIRECT that FANFA shall present two good and sufficient surety bonds as indicated below, and that the Director of Public Works, or designee, shall prepare the contract. (5) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted below and any APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/01/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYES 5 NOES ____ ABSENT ____ ABSTAIN ____ RECUSE ____ Contact: Kevin Emigh, (925) 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: March 1, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: J. Dowling, Construction, P. Denison, Finance, M. Carlson, TE, C. Lau, TE C.10 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:March 1, 2011 Contra Costa County Subject:AWARD and AUTHORIZE execution of a contract for the Clyde Pedestrian Path. Project # 4660-6X4114-10, Clyde area RECOMMENDATION(S): (CONT'D) 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. (6) ORDER 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. (7) ORDER 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. (8) DELEGATE, pursuant to Public Contract Code Section 4114, to the Director of Public Works, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110. (9) DELEGATE, pursuant to Labor Code Section 6705, 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. (10) DECLARE that, should the award of the contract to FANFA 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 in this Board Order 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). FISCAL IMPACT: Project will be funded by 100% Navy Mitigation funds. BACKGROUND: The above project was previously approved by the Board of Supervisors, plans and specifications were filed with the Board, bids were invited by the Director of Public Works, and Addendum No. 1 was issued. On December 21, 2010, the Public Works Department received bids from the following contractors: FANFA, Inc., TOTAL AMOUNT:$ 329,685.00 PAYMENT BOND AMOUNT:$ 329,685.00 PERFORMANCE BOND AMOUNT:$ 329,685.00 O.C. Jones & Sons, Inc. Grade Tech Inc. Ghilotti Bros., Inc. W.R. Forde Associates SCQ Construction Bay Cities Paving & Grading Cinray Construction Team Ghilotti, Inc. Carone & Company, Inc. R.J. Gordon Construction, Inc. Cowan & Thompson Construction, Inc. FEDCO Construction, Inc. CF Contracting Gordon N. Ball, Inc. Ray’s Electric Bruce Carone Grading & Paving, Inc. The Board of Supervisors previously adopted a Mitigated Negative Declaration for this project, and a Notice of Determination was filed with the County Clerk on November 3, 2010. The bid originally submitted by the lowest apparent bidder, O.C. Jones & Sons, Inc. (“Jones”), has expired and is no longer subject to acceptance by the County. The Affirmative Action Officer has reported that the lowest monetary bidder, Grade Tech, failed to document an adequate good faith effort to comply with the requirements of the County’s Outreach Program and failed to meet the MSM for this project (25%), as provided in the project specifications, and the Affirmative Action Officer has recommended rejection of Grade Tech's bid. Grade Tech has been notified in writing of the Affirmative Action Officer’s determination, has appealed it to the County Administrator, as provided in the project specifications, and the appeal has been denied. The bidder listed first above, FANFA, submitted the lowest responsive and responsible bid, which is $ 20,837.74 less than the next lowest bid. The Affirmative Action Officer has reported that FANFA documented an adequate good faith effort to comply with the requirements of the County’s Outreach Program and exceeded the MSM for this project, as provided in the project specifications, and the Affirmative Action Officer has recommended that the contract be awarded to FANFA. The Director of Public Works recommends that the bid submitted by FANFA is the lowest responsive and responsible bid, and this Board concurs and so finds. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board, and copies will be made available to any party upon request. CONSEQUENCE OF NEGATIVE ACTION: Construction of the Clyde Pedestrian Path project would be delayed, and the project might not be built. CHILDREN'S IMPACT STATEMENT: Not applicable.