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Home My WebLink AboutMINUTES - 07082014 - C.12RECOMMENDATION(S): (1) APPROVE plans, specifications, and design for the Walnut Boulevard Pedestrian and Bicycle Project, Project No. 0662-6R4176-14. (2) DETERMINE that the lowest monetary bidder, Breneman, Inc. (“Breneman”), has 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 Board FURTHER DETERMINES that Breneman’s bid is non-responsive and REJECTS bids on that basis; and (3) DETERMINE that the second lowest monetary bidder, Malachi Paving & Grading, Inc. (“Malachi”), has 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 Board FURTHER DETERMINES that Malachi’s bid is non-responsive and REJECTS bid on that basis; and (4) DETERMINE that the bid submitted by Grade Tech, Inc. (“Grade Tech”), has complied with requirements of the County’s Outreach Program and has exceeded the Mandatory Subcontracting Minimum for the project, as provided in the project specifications; and FURTHER DETERMINE that Grade Tech has submitted the lowest responsive and responsible bid for this project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/08/2014 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: July 8, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 8, 2014 Contra Costa County Subject:AWARD and AUTHORIZE execution of a construction contract for the Walnut Boulevard Pedestrian and Bicycle Project, Walnut Creek area. RECOMMENDATION(S): (CONT'D) (5) AWARD the construction contract for the above project to Grade Tech in the total amount ($541,469.00) and the unit prices submitted in the bid and DIRECT that Grade Tech shall present two good and sufficient surety bonds as indicated below, and that the Director of Public Works, or designee, shall prepare the contract. (6) 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. (7) 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. (8) 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. (9) 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. (10) 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. (11) DECLARE that, should the award of the contract to Grade Tech 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 herein 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: Project will be funded by 93% Central County Area of Benefit Funds, 7% Transportation Development Act Funds. BACKGROUND: The above project was previously approved by the Board of Supervisors, plans and specifications are filed with the Board, bids were invited by the Public Works Director. On June 11, 2014, the Public Works Department received bids from the following contractors: BIDDER, TOTAL AMOUNT, BOND AMOUNTS: Grade Tech, Inc.: $541,469.00; Payment: $541,469.00; Performance: $541,469.00 Breneman, Inc.: $431,976.00 Malachi Paving & Grading., Inc.: $448,509.00 Sposeto Engineering, Inc.: $602,986.00 The Public Works Director has determined that the low bidder, Breneman, Inc. (“Breneman”), 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, as provided in the project specifications, and the Public Works Director recommends rejection of the bid submitted by Breneman. On June 25, 2014, Breneman was notified in writing of the Public Works Director’s determination. A copy of the letter is attached to this Board Order. Breneman did not appeal the determination. The Public Works Director has determined that the second low bidder, Malachi Paving & Grading, Inc. (“Malachi”) 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, as provided in the project specifications, and the Public Works Director recommends rejection of the bid submitted by Malachi. On June 25, 2014, Malachi was notified in writing of the Public Works Director’s determination. A copy of the letter is attached to this Board Order. Malachi did not appeal the determination. The Public Works Director has determined that Grade Tech, Inc. (“Grade Tech”) 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 Grade Tech. The Public Works Director recommends that the bid submitted by Grade Tech 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 3 exemption, and a Notice of Exemption was filed with the County Clerk on February 13, 2013. 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 Letter to Breneman Letter to Malachi