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HomeMy WebLinkAboutMINUTES - 08022011 - C.06RECOMMENDATION(S): 1) APPROVE plans, specifications, and design for the above project. County Project No. 0662-6R4066, Federal Project No. STPL 5928(106). (2) DETERMINE that the bid submitted by Valley Slurry Seal Company (“Valley Slurry Seal Co.”), demonstrated adequate good faith effort to meet the UDBE requirements for this project and that Valley Slurry Seal Co. submitted the lowest responsive and responsible bid for this project. (3) WAIVE the Board’s policy requiring a Project Labor Agreement (PLA) for this project, and AWARD the construction contract for the above project to Valley Slurry Seal Co. in the listed amount ($1,984,110.96) and the unit prices submitted in the bid and DIRECT that Valley Slurry Seal Co. shall present two good and sufficient surety bonds as indicated below, and that the Director of Public Works, or designee, shall prepare the contract. (4) 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, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/02/2011 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: August 2, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: J. Dowling, Construction, Kevin Emigh, Construction, T. Rhys, Design C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:August 2, 2011 Contra Costa County Subject:AWARD and AUTHORIZE Execution of a Contract for the Countywide Arterial Micro-Surfacing Project, County Project No. 0662-6R4066 the Director of Public RECOMMENDATION(S): (CONT'D) Works, or designee, is authorized to sign the contract for this Board. (5) 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. (6) 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. (7) 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. (8) DECLARE that, should the award of the contract to Valley Slurry Seal Co. 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 in the amount of $1,984,110.96 and associated fees of this project will be funded by 88.8% Federal CMA Block Grant – Local Streets and Roads Shortfall Program funds and 11.2% Measure J-RTS 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 July 5, 2011 the Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT BOND AMOUNTS Valley Slurry Seal Company $1,984,110.95 Payment: $1,984,110.95 Performance: $1,984,110.95 Graham Contractors, Inc. $2,322,020.55 Payment: $2,322,020.55 Performance Bond Amount: $2,322,020.55 Intermountain Slurry Seal, Inc. $2,514,729.65 Payment: $2,514,729.65 Performance Bond Amount: $2,514,729.65 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. On January 15, 2011 the Board of Supervisors 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 15, 2011. The bidder listed first above, Valley Slurry Seal Co. submitted the lowest responsive and responsible bid. The Director of Public Works has determined and reports that Valley Slurry Seal Co. 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 $2.1 million in federal funds would be put in jeopardy from a delay in advertising the project, Public Works advertised the project without the PLA language. The Director of Public Works recommends that the bid submitted by Valley Slurry Seal Co. is the lowest responsive and responsible bid, and this Board so concurs and finds. CONSEQUENCE OF NEGATIVE ACTION: Construction of the Countywide Arterial Micro-Surfacing project would be delayed, and the project might not be built. CHILDREN'S IMPACT STATEMENT: Not applicable.