Agenda

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C. 1

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	May 12, 2009

Contra

Costa

County

Subject:

Delta De Anza Trail Gap Closure, Project # 0662-6R4001-08; AWARD and AUTHORIZE execution of contract

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/12/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Kevin Emigh, 313-2233
cc:	Emma Kuevor Janet Dowling Kathy Guruwaya

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: May 12, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE plans and specifications; AWARD and AUTHORIZE the Public Works Director, or designee, to execute a contract in the amount of $100,973.00 to Steiny & Company, Inc., the lowest responsive and responsible bidder for the Delta De Anza Trail Gap Closure project, Bay Point area. (74.9% State Transportation Improvement Program and 25.1% Local Road Funds)

FISCAL IMPACT:

Project will be funded by 74.9% State Transportation Improvement Program and 25.1% Local Road Funds)

BACKGROUND:

The Public Works Department received bids from the following contractors:

BACKGROUND: (CONT'D)

BIDDER TOTAL AMOUNT BOND AMOUNTS
Steiny & Company, Inc. $100,973.00 Payment: $100,973.00
27 Sheridan Street Performance: $100,973.00
Vallejo, CA 94590

W. Bradley Electric, Inc.
Novato, CA 94945

Tennyson Electric, Inc.
Livermore, CA 94550

Columbia Electric, Inc.
San Leandro, CA 94577

Angelo Utilities
Stockton, CA 95205

Cinray Construction
Antioch, CA 94531

Ray’s Electric
Oakland, CA 94606

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, Addendum No. 1 having been issued, and bids having been duly invited and received by the Director of Public Works on April 21, 2009, 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 (c) 1 Categorical Exemption, and a Notice of Exemption having been filed with the County Clerk on November 14, 2006; and

The bidder listed first above, Steiny & Company, Inc., having submitted the lowest responsive and responsible bid, which is $4,827.00 less than the next lowest bid; and

The Director of Public Works recommending that the bid submitted by Steiny & Company, 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 ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Steiny & Company, 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 Director of Public Works 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 Director of Public Works has reviewed and found them to be sufficient, the Director of Public Works, 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 Director of Public Works, 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 Director of Public Works, 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 Director of Public Works, or designee; and

Pursuant to Labor Code Section 6705, the Board also DELEGATES to the Director of Public Works 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 Steiny & Company, 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).

CONSEQUENCE OF NEGATIVE ACTION:

The Delta De Anza Trail Gap Closure project would not be built.