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C.26
To: Board of Supervisors
From: Steve Silveira, Deputy General Services Director
Date: November  1, 2011
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Award of Construction Trade Contracts for Trade Bid Packages 5D, 5E, and 5F for the West County Health Center Project, San Pablo

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/01/2011
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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Rob Lim, (925) 313-7200
cc: GSD Administration     GSD Accounting     GSD CPM Division Manager     GSD CPM Project Manager     GSD CPM Clerical     Auditor's Office     County Counsel's Office     County Administrator's Office     County Administrator's Office    
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:     November  1, 2011
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. AWARD a trade contract in the amount of $314,754 to Vila Construction Company (“Vila”), the lowest responsive and responsible bidder for Trade Bid Package 5D, consisting of doors/frames/hardware for the subject project; and DIRECT the Deputy General Services Director, or designee, to prepare the trade contract.  
  

2. AWARD a trade contract in the amount of $294,295 to Spacetone Acoustics, Inc. (“Spacetone”), the lowest responsive and responsible bidder for Trade Bid Package 5E, consisting of acoustical ceilings for the subject project; and DIRECT the Deputy General Services Director, or designee, to prepare the trade contract.  

RECOMMENDATION(S): (CONT'D)
  
3. AWARD a trade contract in the amount of $185,555 (Base Bid plus Additive Alternates #1, #3, #5, and #15) to George E. Masker, Inc. (“Masker”), the lowest responsive and responsible bidder for Trade Bid Package 5F, consisting of painting for the subject project; and DIRECT the Deputy General Services Director, or designee, to prepare the trade contract.  
  
4. DETERMINE that Turner Construction Company (“Turner”), as the Construction Manager At-Risk, has documented an adequate good faith effort to comply with the specifications and the requirements of the County’s Outreach Program in connection with the above trade contracts and WAIVE any irregularities in such compliance.   
  
5. FURTHER DETERMINE that Vila, Spacetone, and Masker, as the lowest responsive and responsible bidders for the above trade contracts, and Turner, as Project Manager, have entered into a Project Labor Agreement with the Contra Costa Building and Construction Trades Council to comply with the requirements of the County’s Project Labor Agreement policy.  
  
6. DIRECT that Vila shall submit two good and sufficient surety bonds (performance bond and payment bond) in the amount of $314,754 and that Vila and its subcontractors shall sign a Project Labor Agreement for the project.  
  
7. DIRECT that Spacetone shall submit two good and sufficient surety bonds (performance bond and payment bond) in the amount of $294,295 and that Spacetone and its subcontractors shall sign a Project Labor Agreement for the project.  
  
8. DIRECT that Masker shall submit two good and sufficient surety bonds (performance bond and payment bond) in the amount of $185,555 and that Masker and its subcontractors shall sign a Project Labor Agreement for the project.  
  
9. ORDER that, after Vila, Spacetone, and Masker have signed their respective trade contracts and returned them, together with the bonds, the signed Project Labor Agreement, evidence of insurance, and other required documents, and the Deputy General Services Director has reviewed and found them to be sufficient, the Deputy General Services Director, or designee, is authorized to sign the trade contracts for this Board.  
  
10. AUTHORIZE the Deputy General Services Director, or designee, to exonerate any bid bonds posted by the bidders after execution of the above trade contracts.  
  
11. AUTHORIZE the Deputy General Services Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for monies withheld by the County to ensure performance under the trade contracts, pursuant to Public Contract Code Section 22300.  
  
12. AUTHORIZE the Deputy General Services Director, or designee, to order changes or additions to the work for each trade contract pursuant to Public Contract Code Section 20142.  
  
13. DELEGATE, pursuant to Public Contract Code Section 4114, the Board's function under Public Contract Code Sections 4107 and 4110, with regards to subletting and subcontracting, to the Deputy General Services Director, or designee.  
  
14. DELEGATE, pursuant to Labor Code Section 6705, to the Deputy General Services Director 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.  
  
15. DECLARE that, should the award of a trade contract to Vila, Spacetone, or Masker 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 for the affected trade. Nothing herein shall prevent the Board from re-awarding a trade contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the trade contract, or fails to furnish required bonds or insurance in accordance with Public Contract Code Sections 5100-5107.  

FISCAL IMPACT:

The estimated total project cost is $45 million. Funding in the amount of $12 million is from a federal Health Resources and Services Administration (“HRSA”) grant, provided under the American Recovery and Reinvestment Act of 2009. The remaining balance of $33 million will be provided through bond financing and dedicated revenue within the Hospital Enterprise Fund.

BACKGROUND:

The West County Health Center (“WCHC”) project involves constructing a new 2-story, 53,000-square-foot health center in San Pablo. The new WCHC will serve the region by providing outpatient and ancillary services in a modern and efficient facility. In addition, a new 315-stall, 3-level parking structure will be built adjacent to the WCHC. The “Construction Manager At-Risk” (“CM At-Risk”) project delivery method is being utilized on the project. Utilizing this method involves overlapping multiple design and construction phases in order to fast-track the project. With the CM At-Risk project delivery method, multiple trade bid packages (e.g., earthwork, piles, concrete, framing, mechanical, and electrical) are developed and issued for bidding. Sixteen trade contracts (for earthwork phase 1, pile foundations, general requirements work, structural steel and metal decking, concrete, elevators, miscellaneous metals/stairs, curtain wall, drywall/plaster, fire protection, plumbing, mechanical, electrical, site utilities, roofing/waterproofing/architectural sheet metal, and earthwork phase 2) have already been awarded by the Board. Additional trade bid packages for millwork, doors/frames/hardware, acoustical ceilings, and painting were subsequently developed and issued for bidding.  
  
Bids were received for Trade Bid Packages 5A (millwork), 5D (doors/frames/hardware), 5E (acoustical ceilings), and 5F (painting) and opened by the General Services Department on October 11, 2011. The bid results for Trade Bid Packages 5A, 5D, 5E, and 5F are as follows:  
  

Bidder (Trade Bid Package 5A) Base Bid
Mission Bell Manufacturing, Inc., Morgan Hill $563,961
Northwestern Design, Grants Pass, OR $699,860
Bidder (Trade Bid Package 5D) Base Bid
Vila Construction Company, Richmond $314,754
  
Bidder (Trade Bid Package 5E) Base Bid
Spacetone Acoustics, Inc., Pleasanton $294,295
Ad-In Incorporated, Fremont $351,500
George Family Enterprises, Novato $351,848
  
Bidder (Trade Bid Package 5F) Base Bid + Additive Alternates to be Awarded (1, 3, 5, 15)
George E. Masker, Inc., Oakland $185,555
Blue Skies Painting, San Francisco $203,325
  
In addition to the Base Bid scope of work, bidders for Trade Bid Packages 5A (millwork) and 5F (painting) were also required to submit bids on bid alternates that affected them (Additive Alternates #1, 3, 5, 6, and 12 through 15, as highlighted in bold below). The other bid alternates (Additive Alternates #2, 4, and 7 through 11) were previously bid and do not affect Trade Bid Packages 5A, 5D, 5E, and 5F, and therefore pricing for these alternates were not required. The various bid alternates are summarized below:  
  
Bid Alternates Summary Description
Add Alt #1 Connecting canopy between clinic and garage.
Add Alt #2 Not applicable to this bid - Trellis on west side of clinic.
Add Alt #3 Patient drop-off canopy.
Add Alt #4 Not applicable to this bid - Trellis on garage upper level.
Add Alt #5 Painting garage stair towers & shear walls
Add Alt #6 Painting garage interior
Add Alt #7 Not applicable to this bid - Lighting at columns & recesses.
Add Alt #8 Not applicable to this bid - Lighting on east & west facades.
Add Alt #9 Not applicable to this bid - Skylights.
Add Alt #10 Not applicable to this bid - Sunshades for south elevation.
Add Alt #11 Not applicable to this bid - Elliptical elevator tower.
Add Alt #12 “Porch Light” elements above check-in areas.
Add Alt #13 Low height divider partitions for waiting areas.
Add Alt #14 Security screens at check-in desks.
Add Alt #15 Accent panels adjacent to exam room doors.
  
For Trade Bid Package 5A (millwork), the bids are being evaluated and any award recommendation will be presented to the Board at a future date.  
  
For Trade Bid Package 5D (doors/frames/hardware), one bid was submitted that was $24,754 above the CM At-Risk's estimate of $290,000. Vila submitted the lowest responsive and responsible bid of $314,754. Staff recommends that the trade contract for Trade Bid Package 5D, consisting of doors/frames/hardware, be awarded to Vila for a total contract award amount of $314,754. There were no alternate bid items for Trade Package 5D.  
  
For Trade Bid Package 5E (acoustical ceilings), all Base Bids were above the CM At-Risk's estimate of $290,000. Spacetone submitted the lowest responsive and responsible bid of $294,295, which is $57,205 less than the next lowest bid submitted by Ad-In Incorporated. Staff recommends that the trade contract for Trade Bid Package 5E, consisting of acoustical ceilings, be awarded to Spacetone for a total contract award amount of $294,295. There were no alternate bid items for Trade Bid Package 5E.  
  
For Trade Bid Package 5F (painting), both Base Bids were below the CM At-Risk's estimate of $205,000. Masker submitted the lowest responsive and responsible bid of $169,680 (Base Bid), which is $11,860 less than the next lowest bid submitted by Blue Skies Painting. There were Additive Alternates for Trade Bid Package 5F. The Additive Alternates recommended for award consist of #1, #3, #5, and #15. Although the total amount for the four Additive Alternates would add $15,875, the total cost is still below the Base Bid estimate ($205,000). Staff recommends that the trade contract for Trade Bid Package 5F, consisting of painting, be awarded to Masker and that the award include the Base Bid plus Additive Alternates #1, #3, #5, and #15, for a total contract award amount of $185,555 ($169,680 + $15,875).  
  
With the CM At-Risk project delivery method, the County contracts directly with the various trade contractors, and Turner, as CM At-Risk, manages the trade contracts with a Guaranteed Fixed Price and Guaranteed Completion Date. With award of the above three trade contracts for Trade Bid Packages 5D, 5E, and 5F, the total amount of trade contracts awarded to date is $20,322,983. Recommendations for the award of other trade contracts will come before the Board at future dates.  
  
The County’s CM At-Risk, Turner, has submitted its documentation of good faith efforts to comply with the specifications and requirements of the County's Outreach Program for Trade Bid Packages 5D, 5E, and 5F. Staff recommends the Board determine that Turner, as the CM At-Risk, has documented an adequate good faith effort to comply with the requirements of the Outreach Program and that the Board waive any irregularities relating to the various Outreach steps and Turner’s documentation.  
  
Pursuant to the County’s Project Labor Agreement (PLA) policy, a PLA is required for all trade contracts on this project. Vila, Spacetone, and Masker have signed a PLA, which contains a local hire provision consistent with the Disposition and Development Agreement between the City of San Pablo Redevelopment Agency and the County. As a condition of trade contract award, Vila’s, Spacetone’s, and Masker’s subcontractors will also be required to sign the PLA.  
  
The general prevailing rates of wages, which shall be the minimum rates paid on this project, are on file with the Clerk of the Board, and copies are available to any party upon request.  
CONSEQUENCE OF NEGATIVE ACTION:

Failure to award the trade contracts for Trade Bid Packages 5D, 5E, and 5F would delay the project and could potentially result in the WCHC not being built and the loss of $12 million in federal stimulus money.

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