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HomeMy WebLinkAboutMINUTES - 07122011 - C.02RECOMMENDATION(S): (1) APPROVE plans, specifications, and design for the above project. Project No. 4660-6X4109-11 (2) DETERMINE that the bid submitted by Bay Cities Paving & Grading, Inc. (“Bay Cities”) is non-responsive in that Bay Cities submitted an incomplete and erroneous bid, and REJECT Bay Cities’ bid on that basis. (3) DETERMINE that the bid submitted by Grade Tech, Inc. (“Grade Tech”), demonstrated adequate good faith efforts to meet the UDBE requirements for this project as described in more detail in this Board Order and that Grade Tech submitted the lowest responsive and responsible bid for this project. (4) WAIVE the Board’s policy requiring a Project Labor Agreement (PLA) for this project, and AWARD the construction contract for the above project to Grade Tech. in the listed amount ($1,003,010.70) and the unit prices submitted in the bid and DIRECT that Grade Tech shall present two good and sufficient surety bonds as indicated below, and that the Director of Public Works, or designee, shall prepare the contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2011 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: John Pulliam (925) 313-2165 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 12, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: J. Dowling, Construction, J. Carlson, Construction, K. Emigh, Construction, J. Pulliam, Design C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 12, 2011 Contra Costa County Subject:AWARD and AUTHORIZE Execution of a Contract for the Montalvin Manor Pedestrian and Transportation Access Improvements Project. (5) ORDER that, after the contractor has RECOMMENDATION(S): (CONT'D) 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. (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 Grade Tech 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 RDA funds (42.5%), Prop. 1B funds (22.5%), STIP-TE funds (Fed) (17.0%), MTC: CMQA (SRTS) funds (12.4%), TDA Grants (3.3%) and CDBG funds (2.3%) 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, and Addendum No. 1 was issued. On June 7, 2011, the Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT: Grade Tech, Inc. $1,003,010.70 BOND AMOUNTS: Payment: $1,003,010.70, Performance: $1,003,010.70 Bay Cities Paving & Grading, Inc.: $830,937.99 W.R. Forde Associates: $1,007,475.00 Ghilotti Bros., Inc.: $1,315,369.00 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 determined that the project is exempt from the California Environmental Quality Act as a Class 3(d) exemption, and a Notice of Exemption was filed with the County Clerk on July 15, 2010. The Director of Public Works reports that the lowest monetary bidder, Bay Cities, submitted an incomplete and erroneous bid. In addition, Bay Cities requested in writing to withdraw their bid because of mistake. The bidder listed first above, Grade Tech., submitted the lowest responsive and responsible bid, which is $4,464.30 less than the next lowest bid. The Director of Public Works has determined and reports that Grade Tech submitted adequate documentation of good faith efforts to meet the UDBE goal and requirements for this project. In 2002, the Board established a policy for use of Project Labor Agreements (PLAs) on County construction projects over $1 million. It has been a general practice within Public Works to include PLA contract language in our construction contracts that have an engineer’s estimate greater than $900,000. However, since this project contained federal funding, the PLA language had to be pre-approved by Caltrans and FHWA. Despite diligent efforts, Public Works was unable to obtain FHWA and Caltrans approval for use of a PLA on this project. Since the engineer’s estimate was $962,000, since bids this construction season have been routinely coming in well below the engineer’s estimate, and since the funding for the project would be put in jeopardy from a delay inPLA approval by either Caltrans or FHWA, Public Works ceased its effort to get the PLA approved for this project and advertised the project without the PLA language. The lowest monetary bidder, Bay Cities, bid well below the engineer’s estimate ($830,937.99). However, as discussed above, that bid was determined to be incomplete and erroneous and, therefore, non-responsive. The next lowest bidder, Grade Tech, whose bid was found to be responsive, was just above the $1 million threshold ($1,003,010.70). In order to award and construct the project this year and avoid loss of funding, Public Works recommends the Board to waive the PLA requirement for this project. The Director of Public Works recommends that the bid submitted by Grade Tech is the lowest responsive and responsible bid, and this Board so concurs and finds. CONSEQUENCE OF NEGATIVE ACTION: Construction of the Montalvin Manor Pedestrian and Transportation Access Improvements project would be delayed, and the project might not be built. CHILDREN'S IMPACT STATEMENT: Not applicable.