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C.37
To: Board of Supervisors
From: Steve Silveira, Deputy General Services Director
Date: November  8, 2011
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Award of Construction Trade Contract for Trade Bid Package 5A for the West County Health Center Project, San Pablo

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/08/2011
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    
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  8, 2011
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. REJECT the non-responsive bid submitted by Mission Bell Manufacturing Company; AWARD a trade contract in the amount of $699,860 (Base Bid) to Northwestern Design (“NWD”), the lowest responsive and responsible bidder for Trade Bid Package 5A, consisting of millwork for the subject project; and DIRECT the Deputy General Services Director, or designee, to prepare the trade contract.  
  

2. 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 contract and WAIVE any irregularities in such compliance.   




RECOMMENDATION(S): (CONT'D)
  
3. FURTHER DETERMINE that NWD, as the lowest responsive and responsible bidder for the above trade contract, 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.  
  
4. DIRECT that NWD shall submit two good and sufficient surety bonds (performance bond and payment bond) in the amount of $699,860 and that NWD and its subcontractors shall sign a Project Labor Agreement for the project.  
  
5. ORDER that, after NWD has signed the trade contract and returned it, 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 contract for this Board.  
  
6. AUTHORIZE the Deputy General Services Director, or designee, to exonerate any bid bonds posted by the bidders after execution of the above trade contract.  
  
7. AUTHORIZE the Deputy General Services Director, or designee, to sign any escrow agreement 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 contract, pursuant to Public Contract Code Section 22300.  
  
8. AUTHORIZE the Deputy General Services Director, or designee, to order changes or additions to the work for the trade contract pursuant to Public Contract Code Section 20142.  
  
9. 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.  
  
10. 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.  
  
11. DECLARE that, should the award of a trade contract to NWD 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. Nineteen 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, earthwork phase 2, doors/frames/hardware, acoustical ceilings, and painting) have already been awarded by the Board. An additional trade bid package for millwork was 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. Trade contracts for Trade Bid Packages 5D, 5E, and 5F were awarded at the November 1, 2011 Board of Supervisors meeting. At the time of preparing the November 1 board order, the bids for Trade Bid Package 5A were still being evaluated and therefore not included with the award recommendations for 5D, 5E, and 5F. The bid results for Trade Bid Package 5A are as follows:  
  

Bidder (Trade Bid Package 5A) Base Bid
Mission Bell Manufacturing, Inc., Morgan Hill $563,961 (non-responsive)
Northwestern Design, Grants Pass, OR $699,860
  
In addition to the Base Bid scope of work, bidders were also required to submit bids on bid alternates (Additive Alternates #12 through 15, as highlighted in bold below). The other bid alternates (Additive Alternates #1 through 11) were previously bid and do not affect Trade Bid Package 5A, and therefore pricing for these alternates were not required. The various bid alternates are summarized below:  
  
Bid Alternates Summary Description
Add Alt #1 Not applicable to this bid - Connecting canopy between clinic and garage.
Add Alt #2 Not applicable to this bid - Trellis on west side of clinic.
Add Alt #3 Not applicable to this bid - Patient drop-off canopy.
Add Alt #4 Not applicable to this bid - Trellis on garage upper level.
Add Alt #5 Not applicable to this bid - Painting garage stair towers & shear walls.
Add Alt #6 Not applicable to this bid - 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), one Base Bid was $66,039 below the CM At-Risk's estimate of $630,000, and one Base Bid was $69,860 above the estimate. In evaluating the apparent low bid, which was submitted by Mission Bell, it was determined that the bid was non-compliant with the plans and specifications and, therefore, the bid is deemed non-responsive. NWD’s bid was also evaluated and determined to be responsive. In evaluating the variance between NWD’s bid and the estimate, it was discovered that the estimate was under-estimated and did not account for the higher grade of casework that was specified, and therefore NWD’s bid is within the competitive range. Staff recommends that the trade contract for Trade Bid Package 5A, consisting of millwork, be awarded to NWD for a total contract award amount of $699,860 (Base Bid only). No Additive Alternate bid items are recommended for award.  
  
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 trade contract for Trade Bid Package 5A, the total amount of trade contracts awarded to date is $21,078,298 (includes 5D, 5E, and 5F). 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 Package 5A. 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. NWD has 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, NWD’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 contract for Trade Bid Package 5A would delay the project and could potentially result in the WCHC not being built completely and the loss of $12 million in federal stimulus money.

CHILDREN'S IMPACT STATEMENT:

Not applicable.

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