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C. 7
To: Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Date: June  27, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Construction Contract for the Grayson Creek Desilt Project, Pleasant Hill and Pacheco areas.

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   06/27/2023
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Adelina Huerta, 925.313.2305
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:     June  27, 2023
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

(1) APPROVE plans, specifications, and design for the Grayson Creek Desilt Project. (County Project No. 7520-6B8201) (District IV, V)  
  

(2) DETERMINE that the bid submitted by Pacific States Environmental Contractors, Inc. (“Pacific States”), has complied with the requirements of the County’s Outreach Program and has exceeded the Mandatory Subcontracting Minimum for this project, as provided in the project specifications; and FURTHER DETERMINE that Pacific States has submitted the lowest responsive and responsible bid for the project.  

  

RECOMMENDATION(S): (CONT'D)
(3) AWARD the construction contract for the above project to Pacific States in the listed amount ($1,477,165.00) and the unit prices submitted in the bid, and DIRECT that Pacific States shall present two good and sufficient surety bonds, as indicated below, and that the Chief Engineer, or designee, shall prepare the contract.  
  
(4) 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 Chief Engineer has reviewed and found them to be sufficient, the Chief Engineer, or designee, is authorized to sign the contract for this Board.  
  
(5) ORDER that, in accordance with the project specifications and/or upon signature of the contract by the Chief Engineer, or designee, bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned.  
  
(6) ORDER 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.  
  
(7) AUTHORIZE the Chief Engineer, or designee, to order changes or additions to the work pursuant to Public Contract Code section 20142.  
  
(8) DELEGATE, pursuant to Public Contract Code Section 4114, to the Chief Engineer, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110.  
  
(9) DELEGATE, pursuant to Labor Code Section 6705, 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.  
  
(10) DECLARE that, should the award of the contract to Pacific States 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 Project will be funded by 100% Flood Control Zone 3B 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 Chief Engineer. On May 23, 2023, the Public Works Department received bids from the following contractors:  
  
BIDDERS, TOTAL AMOUNT, BOND AMOUNTS  
  
Pacific States Environmental Contractors, Inc.: $1,477,165.00; Payment: $1,477,165.00; Performance: $1,477,165.00  
  
Evans Brothers, Inc.: $1,589,600.00  
  
Ground Control Inc.: $1,601,800.00  
  
Goodfellow Bros. California, LLC: $1,615,284.00  
  
Suulutaaq, Inc.: $1,687,733.00  
  
Brannon Corporation: $1,745,940.00  
  
Granite Rock Company: $2,122,585.00  
  
RX Lodge: $2,322,676.20  
  
The Chief Engineer has reported that Pacific States documented an adequate good faith effort to comply with the requirements of the County’s Outreach Program and exceeded the Mandatory Subcontracting Minimum, and the Chief Engineer recommends that the construction contract be awarded to Pacific States.  
  
The Chief Engineer recommends that the bid submitted by Pacific States Environmental Contractors, Inc. is the lowest responsive and responsible bid, which is $112,435.00 less than the next lowest bid, and this Board concurs and so finds.  
  
The Board of Supervisors previously adopted the Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program in compliance with the California Environmental Quality Act (CEQA) and a Notice of Determination was filed with the County Clerk on May 17, 2022.  
  
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.  

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