HomeMy WebLinkAboutMINUTES - 06262012 - C.05RECOMMENDATION(S):
(1) APPROVE plans, specifications, and design for the above project (Project No. 0672-6U2176-12).
(2) DETERMINE that American Asphalt Repair and Resurfacing Co., Inc., the lowest monetary bidder, submitted a
non-responsive bid by failing to comply with the requirements of the County’s Outreach Program and failing to meet
the 23% Mandatory Subcontracting Minimum for this project, as provided in the project specifications; and REJECT
the bid on that basis.
(3) DETERMINE that Graham Contractors, Inc. (“Graham”), the second lowest monetary bidder, has complied with
the requirements of the County’s Outreach Program and has exceeded the Mandatory Subcontracting Minimum for
this project, as provided in the project specifications; and FURTHER DETERMINE that Graham has submitted the
lowest responsive and responsible bid for the project.
(4) AWARD the construction contract for the above project to Graham in the total amount ($247,030.70) and the unit
prices submitted in the bid, and DIRECT that Graham shall present two good and sufficient surety bonds, as
indicated below, and that the Public Works Director, or designee, shall prepare the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/26/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, 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 26, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc:
C. 5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 26, 2012
Contra
Costa
County
Subject:AWARD and AUTHORIZE Execution of a Construction Contract for the 2012 Kensington Area Micro-Surfacing
Project, Kensington Area.
RECOMMENDATION(S): (CONT'D)
contract.
(5) 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 Public Works Director has
reviewed and found them to be sufficient, the Public Works Director, 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 Public
Works Director, 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 Public Works Director, 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 Public Works Director, or designee, the
Board’s functions under Public Contract Code Sections 4107 and 4110.
(9) DELEGATE, pursuant to Labor Code Section 6705, to the Public Works Director 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 Graham 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 100% 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 Public Works Director. On May 15, 2012, the Public Works Department
received bids from the following contractors:
BIDDER, TOTAL AMOUNT, BOND AMOUNTS
American Asphalt Repair and Resurfacing Co., Inc. $206,471.95
Graham Contractors, Inc. $247,030.70 Payment Bond: $247,030.70 Performance Bond: $247,030.70
Western Pavement Solutions $267,438.50
Valley Slurry Seal Company $304,709.50
The Public Works Director has determined that American Asphalt Repair and Resurfacing Co., Inc. (“American”)
submitted a non-responsive bid by failing to document an adequate good faith effort to comply with the
requirements of the County’s Outreach Program and failing to meet the 23% Mandatory Subcontracting Minimum
for this project, as provided in the project specifications, and the Public Works Director recommends rejection of
the bid submitted by American.
On June 6, 2012, American was notified in writing of the Public Works Director’s determination. A copy of the
letter is attached to this Board Order. American did not appeal the determination.
The Public Works Director has determined that Graham Contractors, Inc. (“Graham”) documented an adequate
good faith effort to comply with the requirements of the County’s Outreach Program and exceeded the Mandatory
Subcontracting Minimum for this project, and the Public Works Director recommends that the construction
contract be awarded to Graham.
The Public Works Director recommends that the bid submitted by Graham 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 1(c) exemption, and a Notice of Exemption was filed with the County Clerk on March 28,
2012.
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 this project would be delayed, and the project might not be built.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
American Asphalt letter