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HomeMy WebLinkAboutMINUTES - 06052007 - C.19 � t G TO: BOARD OF SUPERVISORS, AS GOVERNING s Contra BOARD OF THE FLOOD CONTROL & WATER „- CONSERVATION DISTRICT o 1m4 Costa �. _ l FROM: MAURICE M. SHIU, CHIEF ENGINEER s;-A- County DATE: June 5, 2007 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 Las Trampas Creek Bank Restoration at Glenside Drive, Lafayette area, (District II) Project No. 7520-6139M12-07. SPECIFIC REQUEST(S)OR RECOMMEND (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$191,724 to James Freethy Backhoe Service, the lowest responsive and responsible bidder for the Las Trampas Creek Bank Restoration at Glenside Drive, Lafayette area, (Flood Control Zone 3B Funds) (District II) Project No. 7520-6139M12-07. FISCAL IMPACT: Project will be funded by 100 %Flood Control Zone 3B Funds. Continued on Attachment: ® SIGNATURE:)&C"- [+RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE [fi APPROVE ❑ OTHER SIGNATURE(S): / -' ACTION OF BOA( ON APPROVED AS RECOMMENDED❑ 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 VOTE OF SUPERVISORS the date shown. UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JOHN CULLEN,Clerk of the Board of Supervisors and County G:)ConMBO\2007\6-5-07]as trampas creek bank award.doc Administrator Orig.Div:Public Works( Division) Contact: ( ) By Deputy cc: Auditor-Controller E.Kuevor,CAO County Counsel Contractor Surety SUBJECT: APPROVE plans and specifications, Award of Contract for Las Trampas Creek Bank Restoration at Glenside Drive, Lafayette area. (District II) Project No.7520-6139M12-07 DATE: June 5, 2007 PAGE: 2 of 4 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT BOND AMOUNTS James Freethy Backhoe Service $191,724.00 Payment: $191,724.00 122 Las Questa Drive Performance: $191,724.00 Danville, CA 94526 Pacific States Environmental Contractors, Inc. Dublin, CCA 94568 W.R. Forde Associates Richmond, CA 94801 Grade Tech, Inc. San Ramon, CA 94583 NTK Construction, Inc. San Francisco, CA 94124 FANFA, Inc. San Lorenzo, CA 94580 Peak Engineering, Inc. Oakland, CA 94621 McNabb Construction Lafayette, CA 94549 Bruce Carone Paving & Grading, Inc. Crockett, CA 94525 William G. McCullough Company Antioch, CA 94509 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 having been duly invited and received by the Chief Engineer on May 1, 2007; 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 determined that the project is exempt from the California Environmental Quality Act as a Class 2 (c) Categorical Exemption, and a Notice of Exemption having been filed with the County Clerk on November 14, 2006; and SUBJECT: APPROVE plans and specifications, Award of Contract for Las Trampas Creek Bank Restoration at Glenside Drive, Lafayette area. (District II) Project No.7520-6139M12-07 DATE: June 5, 2007 PAGE: 3 of 4 . The bidder listed first above, James Freethy Backhoe Service, having submitted the lowest responsive and responsible bid, which is $41,490.00 less than the next lowest bid; and The Affirmative Action Officer having reported that James Freethy Backhoe Service has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program; and The Chief Engineer recommending that the bid submitted by James Freethy Backhoe Service 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 James Freethy Backhoe Service 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 James Freethy Backhoe Service 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 James Freethy Backhoe Service 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 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; 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 o SUBJECT: APPROVE plans and specifications, Award of Contract for Las Trampas Creek Bank Restoration at Glenside Drive, Lafayette area. (District II) Project No.7520-6B9M12-07 DATE: June 5, 2007 PAGE: 4 of 4 The Board DECLARES that, should the award of the contract to James Freethy Backhoe Service 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). CONSEQUENCES OF NEGATIVE ACTION: The project will not be built.