HomeMy WebLinkAboutMINUTES - 07262011 - C.03RECOMMENDATION(S):
(1) APPROVE plans, specifications, and design for the above project.
(2) DETERMINE that Nor-Cal Concrete, Inc. (“Nor-Cal”), the lowest monetary bidder, has
failed to comply with the requirements of the County’s Outreach Program for this project,
as provided in the project specifications; and REJECT the bid on that basis.
(3) DETERMINE that Malachi Paving & Grading Inc.(“Malachi”), the second lowest
monetary bidder, has complied with the requirements of the County’s Outreach Program for
this project, as provided in the project specifications, and FURTHER DETERMINE that
Malachi has submitted the lowest responsive and responsible bid for the project.
(4) AWARD the construction contract for the above project to Malachi in the listed amount
($136,408.00) and the unit prices submitted in the bid, and DIRECT that Malachi 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
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/26/2011 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 26, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc: K. Emigh, Construction, J. Dowling, Construction
C. 3
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:July 26, 2011
Contra
Costa
County
Subject:AWARD of Contract for the Market Avenue Sidewalk Improvements, Project # 0662-6R4116
RECOMMENDATION(S): (CONT'D)
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, and 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 Malachi 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 38%
Transportation Development Act Funds, 33% Redevelopment Funds, 16% Local Funds,
and 13% Community Development Block Grant 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
Nor-Cal Concrete, Inc. $130,167.40
Malachi Paving & Grading, Inc. $136,408.00 Payment: $136,408.00
Performance: $136,408.00
W.R. Forde Associates $139,045.00
The Director of Public Works has reported that Nor-Cal failed to document an adequate
good faith effort to comply with the requirements of the County’s Outreach Program, as
provided in the project specifications, and the Director of Public Works recommends
rejection of the bid submitted by Nor-Cal.
On July 13, 2011, Nor-Cal was notified in writing of the Director of Public Works’
determination. A copy of the letter is attached to this Board Order. Nor-Cal did not
appeal the decision.
The Director of Public Works has reported that Malachi documented an adequate good
faith effort to comply with the requirements of the County’s Outreach Program, and the
Director of Public Works recommends that the contract be awarded to Malachi.
The Director of Public Works recommends that the bid submitted by Malachi is the
lowest responsive and responsible bid, and this Board concurs and so finds.
The Board of Supervisors previously determined that the project is exempt from the
California Environmental Quality Act as a Class 3d exemption, and a Notice of
Exemption was filed with the County Clerk on April 1, 2009.
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 Market Avenue Sidewalk Improvements project would be delayed,
and the project might not be built.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
GFE Letter Nor-Cal Concrete