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HomeMy WebLinkAboutMINUTES - 07242012 - C.04RECOMMENDATION(S): 1) APPROVE plans, specifications, and design for the above project. (Project No. 0662-6R4003-12; Federal Project No. STPL-5928(111)). (2) DETERMINE that the bid submitted by Ghilotti Bros., Inc. (“GBI”), demonstrated adequate good faith efforts to meet the UDBE goal and requirements for this project and that GBI 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, AWARD the construction contract for the above project to GBI in the total amount ($1,295,411.00 for Method B) and the unit prices submitted in the bid, and DIRECT that GBI shall present two good and sufficient surety bonds as indicated below and that the Public Works Director, 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 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. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/24/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Candace Andersen, District II 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: July 24, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: J. Dowling, Design/Construction, P. Denison, Finance C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 24, 2012 Contra Costa County Subject:AWARD and AUTHORIZE Execution of a Construction Contract for the Kirker Pass Road Overlay Project, Pittsburg area. RECOMMENDATION(S): (CONT'D) (5) ORDER that, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, 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 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. (7) 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. (8) 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. (9) DECLARE that, should the award of the contract to GBI 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 88.53% Federal Aid Secondary (FAS) program under the Cycle 1 Surface Transportation Program (STP) and Congestion Management and Air Quality Improvement(CMAQ) Program funds and 11.47% Local 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 June 19, 2012, the Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT, BOND AMOUNTS Ghilotti Bros., Inc. (Method B) $1,295,411.00 Payment Bond: $1,295,411.00 Performance Bond: $1,295,411.00 RGW Construction, Inc. (Method B) $1,310,862.50 Ghilotti Bros., Inc. (Method C) $1,362,473.00 Bay Cities Paving & Grading, Inc. (Method B) $1,375,447.25 Bay Cities Paving & Grading, Inc. (Method C) $1,384,236.95 Ghilotti Construction Company, Inc. (Method B) $1,476,228.25 Ghilotti Bros., Inc. (Method A) $1,605,632.00 Top Grade Construction, Inc. (Method A), $1,619,665.00 Bay Cities Paving & Grading, Inc. (Method A) $1,711,031.85 Vintage Paving Company, Inc. (Method A) $1,724,643.50 Bids were invited for three different construction methods: (1) Method A – grind and overlay (2) Method B – cold in place recycle (emulsified asphalt) and overlay (3) Method C – cold in place recycle (foamed asphalt) and overlay Bidders were allowed to submit bids for one, two, or three of the methods, with the lowest bid determined by the lowest bid price, regardless of method. The bidder listed first above, Ghilotti Bros., Inc. (“GBI”), submitted the lowest responsive and responsible bid (Method B), which is $15,451.50 less than the next lowest bid (also Method B). This is a federally-funded project subject to a UDBE (Underutilized Disadvantaged Business Enterprise) goal and requirements. The Public Works Director has determined and reports that GBI attained UDBE participation of 3.9% and submitted adequate documentation of good faith efforts to meet the UDBE goal (10.4%) and requirements for this project. The Public Works Director recommends that the Board determine that GBI has demonstrated adequate good faith efforts to meet the UDBE goal for this project and has complied with the UDBE requirements for this project and recommends that the construction contract be awarded to GBI. In 2002, the Board established a policy for the 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 federal funds would be put in jeopardy from a delay in advertising the project, Public Works advertised the project without the PLA language. The Public Works Director recommends that the bid submitted by GBI is the lowest responsive and responsible bid, and this Board so concurs and finds. The Board of Supervisors previously determined that the project is exempt from the California Environmental Quality Act as a Class 1c Exemption, and a Notice of Exemption was filed with the County Clerk on December 8, 2011. The federal 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. CONSEQUENCE OF NEGATIVE ACTION: Construction of the Kirker Pass Road Overlay project would be delayed, and the project might not be built. CHILDREN'S IMPACT STATEMENT: Not applicable.