HomeMy WebLinkAboutMINUTES - 08212012 - C.05RECOMMENDATION(S):
(1) APPROVE plans, specifications, and design for the Arlington Avenue Curb Ramp project. Project No.
0662-6R4207
(2) DETERMINE that Malachi Paving & Grading, Inc., the lowest monetary bidder, submitted a non-responsive bid
by not complying 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 Sposeto Engineering, Inc. (“Sposeto”), 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 Sposeto has submitted the lowest responsive and responsible bid for the project.
(4) AWARD the construction contract for the above project to Sposeto in the listed amount ($152,002.00) and the
unit prices submitted in the bid, and DIRECT that Sposeto shall present two good and sufficient surety bonds, as
indicated below, and that the Public Works Director, or designee, shall prepare the contract.
(5) ORDER that, after the contractor
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/21/2012 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: August 21, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc: J. Dowling, Design/Construction, S. Reed, Design/Construction, P. Denison, Finance
C. 5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 21, 2012
Contra
Costa
County
Subject:AWARD and AUTHORIZE Execution of a Construction Contract for the Arlington Avenue Curb Ramp project,
Kensington area.
RECOMMENDATION(S): (CONT'D)
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 Sposeto 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 will be funded by 100% 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 July 10, 2012, the Public Works Department
received bids from the following contractors:
BIDDER, TOTAL AMOUNT, BOND AMOUNTS
Malachi Paving &Grading, Inc. $143,515.00
Sposeto Engineering, Inc. $152,002.00 Payment: $152,002.00 Performance: $152,002.00
Bruce Carone Grading & Paving, Inc. $169,894.00
W.R. Forde Associates $311,115.00
The Public Works Director has determined that Malachi Paving & Grading, Inc. (“Malachi”), the lowest monetary
bidder, submitted a non-responsive bid by not documenting an adequate good faith effort to comply with the
requirements of the County’s Outreach Program, as provided in the project specifications, and the Public Works
Director recommends rejection of the bid submitted by Malachi.
On July 31, 2012, Malachi was notified in writing of the Public Works Director’s determination. A copy of the
letter is attached to this Board Order (Exhibit A). Malachi did not appeal the determination.
The Public Works Director has reported that Sposeto Engineering, Inc. (“Sposeto”), the second lowest monetary
bidder, documented an adequate good faith effort to comply with the requirements of the County’s Outreach
Program, as provided in the project specifications, and the Public Works Director recommends that the
construction contract be awarded to Sposeto.
The Public Works Director recommends that the bid submitted by Sposeto 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 June 22,
2010.
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 project would be delayed, and the project might not be built.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Malachi Letter