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HomeMy WebLinkAboutMINUTES - 07122011 - C.12RECOMMENDATION(S): (1) APPROVE plans, specifications, and design for the above project. (2) DETERMINE that the bid submitted by Victory Engineers, Inc. (“Victory Engineers”) is non-responsive in that Victory Engineers did not meet the 14.48% Underutilized Disadvantaged Business Enterprise (UDBE) goal for this project and did not submit documentation of good faith efforts to meet the UDBE goal and requirements for this project, as described in more detail in this Board Order. (3) DETERMINE that the bid submitted by Amland Corp., Inc. (“Amland Corp.”); exceeded the UDBE goal for this project and that Amland Corp. submitted the lowest responsive and responsible bid for this project. (4) AWARD the construction contract for the above project to Amland Corp. in the listed amount ($461,830.80) and the unit prices submitted in the bid and DIRECT that Amland Corp. 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: Neil Leary (925) 313-2278 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, N. Leary, Design C. 12 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 Countywide Bridge Deck Methacrylate Project, Project # 0662-6R4208-11 (5) ORDER that, after the contractor has signed the contract and returned it, RECOMMENDATION(S): (CONT'D) 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 Amland Corp. 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 for this project are estimated at $461,830.80 and will be funded by 88.53% Federal HBP Funds and 11.47% Measure J-RTS Funds. BACKGROUND: The above project was previously approved by the Board of Supervisors, plans and 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 14, 2011, the Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT: Amland Corp., Inc. $461,830.80 BOND AMOUNTS: Payment: $461,830.80 Performance: $461,830.80 Victory Engineers, Inc. American Civil Constructors West Coast, Inc. Myers and Sons Construction, LP Legg, Inc. East Valley Gold, LTD (dba Revegetation Services) 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 1(c) exemption, and a Notice of Exemption was filed with the County Clerk on January 11, 2011. The Director of Public Works has determined and reports that the lowest monetary bidder, Victory Engineers, failed to meet the 14.48% Underutilized Disadvantaged Business Enterprise (UDBE) goal for this project, having attained 10.44% UDBE participation, and failed to submit documentation of good faith efforts to comply with the UDBE goal, as required by the project specifications, the County’s Disadvantaged Enterprise (DBE) Program, and the federal regulations applicable to Department of Transportation Financial Assistance Programs (49 CFR, Part 26), and the Director of Public Works recommends rejection of Victory Engineers’ bid. Victory Engineers was notified in writing of the Director of Public Work’s determination (see Attachment A), and Victory Engineers did not appeal the determination to the County Administrator, as provided in the project specifications. The bidder listed first above, Amland Corp., submitted the lowest responsive and responsible bid, which is $168,063.20 less than the next lowest bid. The Director of Public Works reports that Amland Corp. attained 15.00% UDBE participation, which exceeds the UDBE goal for this project. The Director of Public Works recommends that the bid submitted by Amland Corp. is the lowest responsive and responsible bid, and this Board so concurs and finds. CONSEQUENCE OF NEGATIVE ACTION: Construction of the Countywide Bridge Deck Methacrylate project would be delayed, and the project might not be built. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Attachment