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Home My WebLink AboutMINUTES - 07112006 - C.12 C ' �72-' C . ID, TO: BOARD OF SUPERVISORS, AS GOVERNING Contra BOARD OF THE FLOOD CONTROL& WATER CONSERVATION DISTRICT Costa FROM: MAURICE M. SHIU, CHIEF ENGINEER �sC o u n ty DATE: July 11„ 2006 SUBJECT: APPROVE plans and specifications,AWARD and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District, or designee, to execute a contract to the lowest responsive and responsible bidder for the 2006 Walnut Creek Channel Desilt including Alternative"02",Concord area, (District IV) Project No. 7520-6139353-06. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE plans and specifications; AWARD and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,or designee,to execute a contract in the amount of $633,963.00 to Pacific States Environmental Contractors,Inc.,the lowest responsive and responsible bidder for the 2006 Walnut Creek Channel Desilt including Alternative"02",Concord area,(Flood Control Zone 3B Funds)(District IV) Project No. 7520-6B9353-06. FISCAL IMPACT: Project will be funded by Flood Control Zone 3B Funds., , Continued on Attachment: ,_._,/ ® SIGNATURE: lam'RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE [PROVE ❑ OTHER SIGNATURE(S): ' ACTION OF BO ON I/s Oi?l"6 APPROVED AS RECOMM OTHER ❑ 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 VOT F SUPERVISORS the date shown. 1/ UNANIMOUS(ABSENT AYES: _NOES: ABSENT: _ABSTAIN: ATTESTED: JOHN CULLEToleref the Board of Supervisors and County G:\Const\BO\2006\7-11-06 2006 Walnut Creek Channel Desilt Award.doc Administrator Orig.Div:Public Works Division) Contact: T cc: Auditor-Controller /01 By ,Deputy E.Kuevor,CAO County Counsel Contractor Surety i SUBJECT: APPROVE plans and specifications, Award of Contract for 2006 Walnut Creek Channel Desilt including Alternative"02", Concord area. (District IV) Project No.7520-6B9353-06 DATE: July 11, 2006 PAGE: 2 of 4 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT BOND AMOUNTS Pacific States Environmental Contractors, Inc. $633,963.00 Payment: $633,963.00 11555 Dublin Boulevard Performance: $633,963.00 Dublin, CA 94568 Evans Brothers, Inc. Livermore, CA 95550 HSR General Engineering Contractors, Inc. Santa Clara, CA 95054 Hess Concrete Construction Company, Inc. American Canyon, CA 94503 FANFA, Inc. San Lorenzo, CA 94580 The above-captioned project having been previously approved,and the plans and specifications having been prepared by, filed with, and approved by the Board of Supervisors, and bids, including Alternative"02", having been duly invited and received by the Chief Engineer on June 6, 2006; and The general prevailing rates of wages,which shall be the minimum rates paid on this project,having been filed with the Clerk of the Board, and copies to be made available to any party upon request; and The Board of Supervisors having adopted the Mitigated Negative Declaration & Mitigation Monitoring Program pursuant to the California Environmental Quality Act, and a Notice of Determination having been filed with the County Clerk.on May 4, 2006; and The Affirmative Action Officer having reported that the lowest monetary bidder, Evan Brothers, Inc. 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 Affirmative Action Officer recommending rejection of Evan Brothers, Inc. bid; and The bidder listed first above Pacific States Environmental Contractors, Inc., having submitted the lowest responsive and responsible bid including Alternative"02", which is $199,660.36 less than the next lowest bid; and The Affirmative Action Officer having reported that Pacific States Environmental Contractors, Inc. has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program; and SUBJECT: APPROVE plans and specifications, Award of Contract for 2006 Walnut Creek Channel Desilt including Alternative"02", Concord area. (District IV)Project No.7520-6B9353-06 DATE: July 11, 2006 PAGE: 3 of 4 The Chief Engineer recommending that the bid including Alternative"02" submitted by Pacific States Environmental Contractors, Inc. is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: The Board APPROVES the plans and specifications for the project; and The Board DETERMINES that Pacific States Environmental Contractors, Inc., as the lowest responsive and responsible bidder, has demonstrated an adequate good faith effort,pursuant to the specifications for this project, to comply with the requirements of the County's Outreach Program and further determines that Pacific States Environmental Contractors, Inc. has complied with the Mandatory Subcontracting Minimum; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Pacific States Environmental Contractors, Inc. at the listed amount and at the unit prices submitted in said bid, and that said contractor shall present two good and sufficient surety bonds as indicated above, and that the Chief Engineer shall prepare the contract therefore; and The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together with the bonds as noted above and any required certificates of insurance or other required documents,and the Chief Engineer has reviewed and found them to be sufficient, the Chief Engineer, or designee, is authorized to sign the contract for this Board; and The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the Chief Engineer, or designee, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned; and The Board FURTHER ORDERS that the Chief Engineer, or designee is authorized to sign any escrow agreements prepared i:or 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; and Pursuant to Public Contract Code Section 4114,the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Chief Engineer, or designee; and Pursuant to Labor Code Section 6705, the Board also DELEGATES to the Chief Engineer 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; and The Board DECLARES that,should the award of the contract to Pacific States Environmental Contractors, Inc.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). SUBJECT: APPROVE plans and specifications, Award of Contract for 2006 Walnut Creek Channel Desilt including Alternative"02", Concord area. (District IV) Project No.7520-6B9353-06 DATE: July 11, 2006 PAGE: 4 of 4 CONSEQUENCES OF NEGATIVE ACTION: The Walnut Creek Channel will not be desilted.