Agenda

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C. 4

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

Contra

Costa

County

Subject:

Bethel Island Road Bridge Replacement, Project # 0662-6R4043-02, AWARD and AUTHORIZE the 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 Guruawaya

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 $10,278,713 to C.C. Myers, Inc., the lowest responsive and responsible bidder for the Bethel Island Road Bridge Replacement project, Bethel Island area. (88.53% Federal Highway Bridge Program Funds, 11.47% Local Funds) (District V) Project No. 0662-6R4043-02

FISCAL IMPACT:

Project will be funded by 88.53% Federal Highway Bridge Program funds and 11.47% Local funds.

BACKGROUND:

The Public Works Department received bids from the following contractors:

BACKGROUND: (CONT'D)

LOW BIDDER: C.C. Myers, Inc.
3286 Fitzgerald Rd.,
Rancho Cordova, CA 95742-6811
TOTAL AMOUNT: $ 10,278,713.00
PAYMENT BOND AMOUNT: $ 10,278,713.00
PERFORMANCE BOND AMOUNT: $ 10,278,713.00

OTHER BIDDERS:

Disney Construction, Inc., Pacifica, CA 94044
Flatiron West, Inc., Benicia, CA 94510
Golden State Bridge, Martinez, CA 94553
Viking Construction Co., Inc., Rancho Cordova, CA 95741
RGW Construction, Inc., Livermore, CA 94551
MCM Construction, Inc., North Highlands, CA 95660

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 28, 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 adopted a Mitigated Negative Declaration, and a Notice of Determination having been filed with the County Clerk on November 5, 2003, and Addendum No. 1 and No. 2 having been issued; and

The bidder listed first above, C.C. Myers, Inc., having submitted the lowest responsive and responsible bid, which is $1,774,473.00 less than the next lowest bid; and

The Director of Public Works recommending that the bid submitted by C.C. Myers, 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 C.C. Myers, 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 C.C. Myers, 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 Bethel Island Road Bridge Replacement project would not be built.