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Home My WebLink AboutMINUTES - 06282011 - C.06RECOMMENDATION(S): (1) APPROVE plans, specifications, and design for the above project. (2) DETERMINE that the bid submitted by Grade Tech, Inc. ("Grade Tech") is non-responsive in that Grade Tech did not meet the 14.48% Underutilized Disadvantaged Business Enterprise (UDBE) goal for this project and did not demonstrate good faith efforts to meet the UDBE goal and requirements for this project, as described in more detail in this Board Order, the attachments to it, and any oral written information submitted to the Board. (3) DETERMINE that the bid submitted by SCQ Construction (“SCQ”) is non-responsive in that SCQ did not meet the 14.48% Underutilized Disadvantaged Business Enterprise (UDBE) goal for this project and did not demonstrate good faith efforts to meet the UDBE goal and requirements for this project, as described in more detail in this Board Order, the attachments to it, and any oral and written information submitted to the Board. (4) DETERMINE that the bid submitted by Maggiora & Ghilotti, Inc. (“Maggiora & Ghilotti”), exceeded the UDBE goal for this project and that Maggiora & Ghilotti submitted the lowest responsive APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/28/2011 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 Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor 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: June 28, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 28, 2011 Contra Costa County Subject:AWARD and AUTHORIZE Execution of a Contract for the Alhambra Valley Road Safety and Bicycle Facility Improvements Project, Project # 0662-6R4095 RECOMMENDATION(S): (CONT'D) and responsible bid for this project. (5) AWARD the construction contract for the above project to Maggiora & Ghilotti in the listed amount ($712,712.00) and the unit prices submitted in the bid and DIRECT that Maggiora & Ghilotti shall present two good and sufficient surety bonds as indicated below, and that the Director of Public Works, or designee, shall prepare the contract. (6) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted below 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. (7) 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. (8) 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. (9) 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. (10) 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. (11) DECLARE that, should the award of the contract to Maggiora & Ghilotti 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: The construction contract and associated fees of this project will be funded by 56% The construction contract and associated fees of this project will be funded by 56% Proposition 1B funds, 40% Federal High Risk Rural Road funds, and 4% Local Road funds. BACKGROUND: The above project was previously approved by the Board of Supervisors, plans and specifications were filed with the Board, and bids were invited by the Director of Public Works. On May 17, 2011, the Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT BOND AMOUNTS Maggiora & Ghilotti, Inc. $712,712.00 Payment: $712,712.00 Performance: $712,712.00 GradeTech, Inc. SCQ Construction Ghilotti Construction Company, Inc. Bay Cities Paving & Grading Inc. 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, with copies to be made available to any party upon request. 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 February 2, 2010. The Director of Public Works reports that the lowest monetary bidder, Grade Tech, failed to meet the 14.48% Underutilized Disadvantaged Business Enterprise (UDBE) goal for this project, having attained 1.30% UDBE participation, and failed to document adequate good faith efforts to comply with the UDBE goal, the requirements of the County’s Disadvantaged Enterprise (DBE) Program, and the federal regulations applicable to Department of Transportation Financial Assistance Programs (49 CFR, Part 26), as provided in the project specifications, and the Director of Public Works recommends rejection of Grade Tech's bid. Grade Tech was notified in writing of the Director of Public Work’s determination and the deficiencies in their good faith efforts (see Attachment A), and Grade Tech did not appeal the determination to the County Administrator, as provided in the project specifications. The Director of Public Works reports that the next lowest monetary bidder, SCQ, failed to meet the 14.48% Underutilized Disadvantaged Business Enterprise (UDBE) goal for this project, having attained 3.03% UDBE participation, and failed to document adequate good faith efforts to comply with the UDBE goal, the requirements of the County’s Disadvantaged Enterprise (DBE) Program, and the federal regulations applicable to Department of Transportation Financial Assistance Programs (49 CFR, Part 26), as provided in the project specifications, and the Director of Public Works recommends rejection of SCQ’s bid. SCQ was notified in writing of the Director of Public Work’s determination and the deficiencies in their good faith efforts (see Attachment B) and SCQ appealed the determination to the County Administrator (see Attachment C), as provided in the project specifications. After fully considering SCQ's appeal, the County Administrator has upheld the Director of Public Works' determination and denied the appeal. In addition, the Board has considered SCQ's appeal. The bidder listed first above, Maggiora & Ghilotti, submitted the lowest responsive and responsible bid, which is $37,064.00 less than the next lowest bid. The Director of Public Works reports that Maggiora & Ghilotti attained 14.61% UDBE participation, which exceeds the UDBE goal for this project. The Director of Public Works recommends that the bid submitted by Maggiora & Ghilotti is the lowest responsive and responsible bid, and this Board so concurs and finds. CONSEQUENCE OF NEGATIVE ACTION: Construction of the Alhambra Valley Road Safety and Bicycle Facility Improvements project would be delayed, and the project might not be built. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM SPEAKER: ATTACHMENTS Attachment A Attachment B Attachment C