HomeMy WebLinkAboutMINUTES - 10102006 - C.72 E...._
TO: BOARD OF SUPERVISORS ` CONTRA
FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES -.- Y.... � COSTA
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DATE: OCTOBER 10, 2006 � '=>;�o= COUNTY
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S'JalEC-: AWARD OF CONSTRUCTION CONTRACTS FOR THE PUBLIC
WORKS EXPANSION PROJECT, 255 GLACIER DRIVE, MARTINEZ C_
(WH261 B)
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R-=Cuas 7'si OR R=CC 'JD E^P:IS}d B .CKGRD-NJD NC.,-ST1R--A
RECOMMENDATION
1. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of $341,866 with J. Flores Construction Company. Inc. ("J. Flores'). San Francisco, the lowest
responsive and responsible bidder for the trade contract that includes site utilities for the subject project.
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2. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of $168.000 with Jos. J. Albanese, Inc. (`Albanese"). Santa Clara. the lowest responsive and I
responsible bidder for the trade contract that includes site concrete for the subject project.
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3. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of S77.000 with Green Growth Industries. Inc. (`Green Growth"). Pleasanton. the lowest
responsive and responsible bidder for the trade contract that includes landscaping for the subject project.
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4. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of $55.255 with Cal Door Enterprises of Northern California. Inc. (`Cal Door). Hayward, the i
lowest responsive and responsible bidder for the trade contract that includes doors, frames, and
hardware for the subject project.
5. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of S89.920 with Robert Boeger Plastering ("Boeger"). Applegate, the lowest responsive and
responsible bidder for the trade contract that includes lath and plaster for the subject project.
6. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of $22.287 with Tile West Inc. ("Tile West"). Novato. the lowest responsive and responsible
bidder for the trade contract that includes tile work for the subject project.
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f1ED:A CON-ACT: MICHAEL J-LA1G0(313-710)
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CC: GE'lE'al$Er'CeS Department --=REB CO?Y OF EZ 1=Y-H?.`THIS.S TR-:=-
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Acco,.n:ng - S'-P --S^-S;N :=CAT _ N. i
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CP%1 File: 25-0517 C.M. I /
250-0517 A.5 -ES _C
County Administrator s Offce JOHN Cu-LEN.CLERK CF T.=BOAARD OF SUPERi.SCRS
County Counsel \^COUK Y AD.`.'NISTRAMR I
Audit-oi Cor.:ro!le:
P:.n-c Works Department ftiiz CP'.) E
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AWARD OF CONSTRUCTION CONTRACTS FOR THE 250-0517/C.1.1
PUBLIC WORKS EXPANSION PROJECT, 255 GLACIER October 10, 2006 y
DRIVE, MARTINEZ (WH261 B)
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7. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of S15,359 with Carpet Dimension, Inc. ("Carpet Dimensions"). Concord, the lowest responsive
and responsible bidder for the trade contract that includes flooring work for the subject project.
8. AWARD and AUTHORIZE the General Services Director, or designee, to waive any bid irregularities and
execute a contract in the amount of S39,638 with C & C Painting & Decorating ("C & C Painting"). San I
Jose, the lowest responsive and responsible bidder for the trade contract that includes tile work for the
subject project i
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9. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in the
amount of $317,500 with Contra Costa Electric. Inc. ("CC Electric'). Martinez, the lowest responsive and
responsible bidder for the trade contract that includes electrical work for the subject project. I
10. AUTHORIZE the General Services Director to reject the fire protection trade bid from the low bidder,
Presidential Fire Protection, as the bid was non-responsible; and AWARD and AUTHORIZE the General
Services Director, or designee• to waive any bid irregularities and execute a contract in the amount of
S94,800, with GP Fire Protection, Pleasanton, the lowest responsive and responsible bidder for the fire
protection trade contract for the subject project
11. AUTHORIZE the General Services Director to reject the bids from Evans Brothers Inc. (only bid for the
sitework trade), and KS Kruse Plumbing and Lescure Company, Inc. (the only two bids for the plumbing
trade), as the bids were non-responsive and/or non-responsible; re-bid the affected trade contracts or
utilize other appropriate means to procure the work, using the plans and specifications previously
adopted. i
12. DETERMINE that Swinerton Builders, as the Construction Manager, has documented an adequate good
faith effort to comply with the specifications and the requirements of the County's Outreach Program, and
WAIVE any irregularities in such compliance.
13. FURTHER DETERMINE that Swinerton Builders, as the Construction Manager, and J. Flores, Albanese, i
Green Growth, Cal Door, Boeger, Tile West. Carpet Dimensions, C & C Painting, CC Electric, and GP
Fire Protection, as the lowest responsive and responsible bidders for their respective trade contracts,
have entered into a Project Labor Agreement with the Contra Costa Building and Construction Trades
Council to comply with the requirements of the County's Project Labor Agreement policy.
14. AUTHORIZE the General Services Director, or designee, to exonerate any bid bonds posted by the
bidders and return any checks or cash submitted for security, after execution of the contract.
15. AUTHORIZE the General Services Director. or designee, to sign any escrow agreements prepared for i
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.
16. ORDER that the Director of General Services, or designee, is authorized to execute any changes to the
contract pursuant to Section 20142 of the Public Contract Code.
17. DELEGATE, pursuant to Public Contract Code Section 4114. the Board's functions under Public Contract ;
Code Sections 4107 and 4110, with regards to subletting and subcontracting, to the General Services I
Director, or designee.
18. DECLARE that. should the award of the contract to J. Flores, Albanese, Green Growth, Cal Door,
Boeger, Tile West. Carpet Dimensions, C & C Painting, CC Electric, or GP Fire Protection 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 in I
accordance with Public Contract Code Sections 5100-5107.
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FINANCIAL IMPACT
The project will be funded with S1.5 million from the Public Works Department and the remaining funds will
come from a future bond issuance.
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AWARD OF CONSTRUCTION CONTRACTS FOR THE 250-0517/C.1.1
PUBLIC WORKS EXPANSION PROJECT, 255 GLACIER October 10, 2006
DRIVE, MARTINEZ (WH261 B)
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BACKGROUND
The project involves constructing an approximately 12,100 square foot building adjacent to the Public Works
Department's current facility at 255 Glacier Drive in Martinez. The new building will address current
overcrowding and integrate staff currently located in three nearby modular buildings and an off-site office. The
County's childcare facility. which is also located in a nearby modular building, will be included in the new
building.
The 'Construction Manager At-Risk" ("CM At-Risk) project delivery method is being utilized on the project. �
Typically, the CM At-Risk method provides improved cost control. better allocates risk, and enhances project
collaboration. On January 10, 2006, the Board approved a consulting services agreement with Swinerton
Builders ("Swinerton") to provide construction management services for the project. With the CM At-Risk
project delivery method, numerous trade scopes of work were developed (e.g., earthwork, concrete, site
utilities, framing, mechanical, and electrical) and incorporated into the bid documents.
The project plans and specifications were previously filed with and approved by the Board of Supervisors, and I
bids were duly invited from the various trades involved in the project. Bids were received and opened by the I
County Capital Projects Management Division on September 14, 2006, and the bid results for the subject trade
contracts are attached.
For the excavation, et al, trade contract, J. Flores submitted the lowest responsive and responsible bid of
$341.866. It was the only one bid received for this trade category and the bid price is reasonable. For the site
concrete trade contract. Albanese submitted the lowest responsive and responsible bid of S168,000, which is
S64.552 less than the next lowest bid. For the landscaping trade contract, Green Growth submitted the lowest
responsive and responsible bid of $77,000. which is $20,643 less than the next lowest bid. For the doors, et
al, trade contract, Cal Doors submitted the lowest responsive and responsible bid of $55,255, which is S5,995 i
less than the next lowest bid. i
For the lath and plaster trade contract, Boeger submitted the lowest responsive and responsible bid of
S89,920, which is S8,954 less than the next lowest bid. For the tile work trade contract, Tile West submitted
the lowest responsive and responsible bid of $22.287. It was the only one bid received for this trade category
and the bid price is reasonable. For the flooring trade contract, Carpet Dimensions submitted the lowest
responsive and responsible bid of S15.359, which is $22,530 less than the next lowest bid. For the electrical
trade contract, Contra Costa Electric submitted the lowest responsive and responsible bid of $317.500, which
is $62,445 less than the next lowest bid.
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For the painting trade contract, C & C Painting submitted the lowest responsive and responsible bid of
S39.638, which is S9,352 less than the next lowest bid. C & C Painting did not submit their bid on the proper
bid form, however staff recommends waiving the bid irregularity.
For the fire protection trade contract. Presidential Fire Protection submitted the lowest bid of S78,594.
However, Presidential did not pass the post-bid assessment and their bid was deemed non-responsible. The
second low bidder, GP Fire Protection, did not submit their bid on the proper form. Staff recommends waiving
the bid irregularity. Therefore, GP Fire Protection submitted the lowest responsive and responsible bid of
S94,800 which is S16,206 higher than the lowest bid.
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For the sitework demolition, et al, scope of work, Evans Brothers submitted the only bid of S356,485. Evans
Brothers did not pass the post-bid assessment and their bid is deemed non-responsible. Staff recommends re-
bidding this trade contract or utilizing other appropriate means to procure the work. i
With the CM At-Risk project delivery method, the County contracts directly with the various trade contractors
and Swinerton will manage them. In summary, staff recommends awarding ten separate trade contracts as
noted above for a total cumulative amount of S1,221,625. Recommendations for the other trade contracts will
come before the Board at a future date.
The Contract Compliance Officer has reported that Swinerton Builders has documented an adequate good
faith effort to comply with the requirements of the County's Outreach program.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, are on file with i
the Clerk of the Board, and copies are available to any party upon request.
`1--2_5253J5'- -'IG2o doc Pace 3 of? x'382±_1C-'89}
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Bid Results - 09/14/06
TRADE CONTRACT SCOPE OFR ORI{ i Bidder Bid Amount Award I Comments
(Summary Description) I amount
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02225-Sitework Demolition.Earthwork.AC
Paving.Erosion Control
:Exans Brothers > :56AS= Bid not responsive and or
Iresponsible
02315-Excavation.Backfill.Site Utilities I I I
J.Flores Constr.Co. I I S 341.866
02510-Site Concrete
(Jos.J.Albanese.Inc. I S 168.0001
1SposetoEngineerina.Inc. 1 S a 2
1 R cE R Maher Cer_str Co. 1 S 45r--000 I
'029'0-Landscaping i
Green Growth Ind..Inc. is 7.0001
�R\1T Landscape Const- IS 97.643,
Shoe:zr&ButtsIS 1-17 27
108110.08210.08-10-Doors.Frames.
Hardware
ICal Door IS 55.2551
IMinton Door I S 61.==0
09220-Lath and Plaster I
(Robert Boeger Plastering IS 89.9201
Bovett Construction I S 98.8-4 1 1
-Ironacood Builders S 99.=_3
- (North Bax Dmvall I S 112:600 I
IRaxmond Interiors S 120971
North Counties Dmxall I S 1-4,9.10
109310-Tile
Tile West IS 22.28-1
;09650.09685-Resilient Flooring.Carpet I I I I I I
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I Carpet Dimensions.Inc 1 IS 15.3591
1Laid Right Floor Coxerma IS .889 1 1 -
Moor Seal I S =6.:001 1 1
09900-Painting I I I
C 3 C Painting 1 39.638 1
I]Da:den Pamine I S 48,990 r
Ilioxen Bre_.Palatine I S ".9„'_>
IRotano's Painting ;S 677,00
.1oLras Painting I S -_00 1!1
TT The:npson Sons S '-,
15400-Plumbing I I I
KS blase P_umbine S 11 000 Bid not responsive and or
(responsible I I
-Lescure Company-Inc. S 33E,6.010101 i Bid net responsive and or
I I lresponstble
1_+500-Fire Protection I I I I
Presidential Fire Protection S 78.594 Bid net responstxe and or
responsible
- GP Fire Protection I I S 94.8001
I (Transbax Fire Protection I S
16000-Electrical I I I I I
(Contra Costa Electric I IS 31'.500 1
I:Carson Electric I S =-9-94' I I
I :Braver Electric I S -83'8" I I 1
IDC tc Electric I S 4752
IDzI Mo-tElectric S 4 .97_ 1 I I
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1 TOTAL I I IS 1.221.6251 1
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«'AIS Docuruent Retrieval Page 1 of 1
20142. (a) The board of supervisors may, by ordinance, resolution,
or board order, authorize the countv engineer, or oter count;
officer, to order changes or additions in the work being performed
under cc-struction contracts. When so au: horized, any chance or �
addition in the work shall be ordered in writing by the county
encineer, or ct-er desicnated officer, and the extra cost to the
county for any chance or add_tior: to the work so ordered shall not
exceed five thousand dollars (55, 000) when the total amount of tae
orici-al contract does not exceed 4'-fty thousand dollars ($50,000) ,
nor 10 percent of the anon-t of any cricina_ contract t-'.at exceeds
fifty thousand dcl-Lars (550,000) , but does not exceed two hundred
f4fty thousand dollazs (.:250, 000)
(b) For contracts whose or-g"al cost exceeds two hundred f'_fty
thousand dollars ($250., 300) , tae extra cost for any chance or
addition to the work so ordered shall not exceed twenty-five thousand
dollars (525,CCC) , plus 5 percent of .cant r=
the 3:' of the original
contract cost in excess of two hundred ==ftv thousand dollars
($2501,000) . In no event shall any such change or alteration exceed
one nundred fifty thousand dollars ($150,030) .
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4107. A prime contractor whose bid is accepted may not:
(a) Substitute a person as subcontractor in place of the
subcontractor listed in the original bid, except that the awarding
authority, or its duly authorized officer, may, except as otherwise
provided in Section, 4107.5, consent to the substitution of another
person as a subcontractor in any of the following situations.
(1) When the subcontractor listed in the bid, after having had a
reasonable opportunity to do so, _`ails or refuses to execute a
written contract for the scope of work specified in the subcontractor'
s bid and at the price specified in the subcontractor's bid, when
that written contract, based upon_ the general terms, conditions,
plans, and snecifications for the pro.jest involved or the terms of
that subcontractor's written bid, is presented to the subcontractor
by the prise contractor.
(2) When the listed subcontractor becomes bankrupt or insolvent.
(?) When the listed subcontractor fails or refuses to perform his
or her subcontract.
(4) When the listed subcontractor fails or refuses to meet the
bond requirements of the prime contractor as se= _forth in Section
410;8.
(5) When the prime contractor demonstrates to the awarding j
authority, or its duly authorized officer, subject to the further
provisions set forth in: Section 4107.5, that the name of the i
subcontractor was listed as the result of an inadvertent clerical
error.
(6) When the listed subcontractor is not licensed pursuant to the
Contractors License lar.
(7) When the awarding authority, or its duly authorized officer,
determines that the work performed by the listed subcontractor is
substantially unsatisfactory and not in substantial accordance with
the pians and specifications, or that the subcontractor is
substantially delaying or disrupting the progress of the work.
(8) When the listed subcontractor is ineligible to work on a
public works prc-ect pursuant to Section 1777.1 or 1777.7 of the
Labor Code.
(9) When the awarding authority determines that a listed
subcontractor is not a responsible contractor.
Prior to approval of the crime contractor's request for the
substitution, the awarding authority, or its duly authorized officer,
shall give notice in writing to the listed subcontractor of the i
prime contractor's request to substitute and of the reasons for the
request. The notice shall be served by certified or registered Nail
to the last known address of the subcontractor. The listed
subcontractor who has been so notified has five working days within
which to submit written ob'ections to the substitution to the
awarding authority. Failure to file these written objections
constitutes the listed subcontractor's consent to the substitution.
if written objections are filed, the awarding authority shall give
notice in writing of at least five working days to the listed
subcontractor of a hearing by the awarding authority on the prime
contractor's request for substitution.
(b) Permit a subcontract to be voluntarily assigned or transferred
or allow it to be performed by anyone other than the original
subcontractor listed in the original bid, without the consent of the
awarding authority, or its duly authorize: officer.
(c) Other than in the performance of "change orders" causing
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changes or deviations from the original contract, sublet or
subcontract any portion of the work in excess of one-half of _ �
percent of the prime contractor's total bid as to which his or her
original bid aid not designate a subcontractor.
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4107.2. No subcontractor listed by a prime contractor under Section
4104 as furnishing and installing carpeting, shall voluntarily
sublet his or her subcontract with respect to any portion of the
labor to be performed unless he or she specified the subcontractor in
his or her bid for that subcontract to the prime contractor. �
4107.5. The prime contractor as a condition_ to assert a claim of i
inadvertent clerical error in the listing of a subcontractor shall i
within two working days after the time of the prime bid opening by '
the awarding authority give written notice to the awarding authority
and copies of that notice to both the subcontractor he or she claims
to have listed in error and the intended subcontractor who had bid to
the prime contractor prior to bid opening.
Amy listed subcontractor who has been notified by the prime
contractor in accordance with this section as to an inadvertent
clerical error stall be allowed six working days from the time of the
prime bid opening within which to submit to the awarding authority
and to the prime contractor written objection, to the prime contractor'
s claim of inadvertent clerical error. Failure of the listed
subcontractor to file the writte_, notice within the six working days
shall be primary evidence of his or her agreement that an inadvertent
clerical error was rade. I
The awarding authority shall, after a public hearing as provided
in. Section 4107 and in the absence of compelling reasons to the
contrary, consent to the substitution of the intended subcontractor:
(a) If (1) the prime contractor, (2) the subcontractor listed i_.„
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error, and (5) the 'intended subcontractor each submit an affidavitto
the awarding authority along with such additional evidence as the
parties may wish to submit that an inadvertent clerical error was in
fact rade, provided that the affidavits from each of the three ,
parties are filed within eight working days from the time of the
prime bid opening, or
(b) if the affidavits are filed by both the prime contractor and
the intended subcontractor within the specified time but the
subcontractor :whom the prime contractor claims to have listed in
error does not submit within six working days, to the awarding i
authority and to the prime contractor, written objection to the prime
contractor's glair of inadvertent clerical error as provided in this
section. :
If the affidavits are filed by both the prime contractor and the
intended subcontractor but the listed subcontractor has, within: six
working days from the time of the prime bid opening, submitted to the
awarding authority and to the prime contractor written objection to
the prime contractor's claim of inadvertent clerical error, the
awarding authority shall investigate the claims of the parties and
shall hold a public hearing as provided in. Section 4107 to determine
the validity of those claims. Any determination made shall be based
on the _`acts ccnaained in the declarations submitted under penalty of
perjury by all three parties and supported by testimony under oath
and subject to cross-examination:. The awarding authority may, on its
own motion or that of any other party, admit testimony of other
contractors, any bid registries or depositories, or any other party
in possession of facts which may have a bearing on the decision of
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the awarding aut_.ori=y.
4107.7. _' a contractor who eaters into a contract with a public
entity for investigation, removal or remedial action, or disposal
relative to the release or presence of a hazardous material or
hazardcus haste fa_IS to pay a subcontractor registered as a
hazardous waste hauler pursuant to Secticn. 25163 cf the Health and
Safety Code within 13 days after the investigation, removal or
remedial action, or disposal is competed, the subcontractor may
serve a step notice upon the public entity in accordance with Chapter
4 (commencing with Section. 33179) of Title 15 of Part 4 of Div_sion 3
of t^e Civil Code.
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4110. A prime contractor violating any of the provisions of :his
chapter violates his or her contract and the awarding- authority may
exercise the option, in its own discretion, of (_) canceling his or
her contract or (2) assessing the prime contractor a penalty in, an
ariounz of not more than 7-0 percent of the amount of the subcontract
involved, and this penalty shaii be deposited in the f::nd out of
whit} the prise contract is awarded. 1n any proceedings under t is
section the prime contractor shall be entitled to a pubic hearing
and to five days' notice of the time and vlace thereof.
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4114. The county board of supervisors, when it is the awarding
aut-lority, may delega=e its fu_^.c--;ors under Sections 4107 and 411C =o i
any Officer designated by the board.
The authorized officer s`a__ :rake a «rinen recomraendatio n to the
beard of supervisors. The board of supervisors may adopt the
reco=^..endatio- wit ,out further notice or searing, or may set the
matter for a de novo hearing before the board.
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