Agenda

Return

C. 39

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	November 10, 2015

Contra

Costa

County

Subject:

AWARD Annual Job Order Contracts 001, 002, and 003 to Sea Pac Engineering, John F. Otto, Inc., and Mark Scott Construction (WW0862)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/10/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:	Ramesh Kanzaria, (925) 313-2000
cc:	PW Accounting PW CPM Division Manager PW 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 10, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

(1) APPROVE contract General Conditions, Technical Specifications, and the Construction Task Catalog for Job Order Contracts 001, 002, and 003.



(2) DETERMINE that each of Sea Pac Engineering, Inc. (“Sea Pac”), John F. Otto, Inc. (“Otto”), and Mark Scott Construction, Inc. (“Mark Scott”) submitted the lowest responsive and responsible bids for the award of the job order contracts.

RECOMMENDATION(S): (CONT'D)

(3) AWARD a job order construction contract for repair, remodeling, and other repetitive work to be performed pursuant to the Construction Task Catalog to each of Sea Pac, Otto, and Mark Scott, each in the amount of $2,000,000 for a term of one year each, and DIRECT that the Public Works Director, or designee, prepare the contracts.

(4) DIRECT that Sea Pac, Otto, and Mark Scott shall each submit two good and sufficient security bonds (performance and payment bonds) in the amount of $2,000,000 each.

(5) ORDER that, after each contractor has signed the job order contract and returned it, together with the bonds, evidence of insurance, and other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for this Board.

(6) ORDER that, upon signature of the job order contract by the Public Works Director, or designee, any bid bonds posted by such bidder are to be exonerated and any checks or cash submitted for security shall be returned.

(7) AUTHORIZE the Public Works 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 moneys withheld by the County to ensure performance under the contracts, pursuant to Public Contract Code Section 22300.

(8) AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to
Public Contract Code Section 20142.

(9) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the
Board’s functions under Public Contract Code Sections 4107 and 4110.

(10) DECLARE that, should the award of the contract to Sea Pac, Otto, and/or Mark Scott 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 the bids received.

FISCAL IMPACT:

Job orders under the job order contracts will only be issued when there is an approved project and funding. The contract value can range from a minimum of $25,000 to a maximum of $2,000,000.

BACKGROUND:

On September 15, 2015, the Board of Supervisors authorized the Public Works Director, or designee, to solicit bids for job order contracts for repair, remodeling, and other repetitive work, and bring to the board recommendations to award three contracts. On September 17, 2015, and September 19, 2015 bids were invited by the Public Works Director. On October 20, 2015, the Public Works Director received bids for the job order contracts. The scope of work for the work performed under the job order contracts will be determined by individual job orders using the Construction Task Catalog. The three lowest responsive bidders are being recommended for contract award.

The contracts are being awarded based on the lowest Award Criteria Figure (ACF) that is calculated by each bidder using the award criteria figure formula percentages required by each job order using adjustment factors called out in the bidding documents.

Bid documents for Job Order Contracts 001, 002, and 003, including plans and specifications for typical work, were prepared for the Public Works Department by County’s job order contracting consultant, The Gordian Group, Inc. The general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on the projects covered by the annual Job Order Contracts.

Bids for Job Order Contracts 001, 002, and 003 were received and opened by the Public Works Department on
October 20, 2015, and the bid results are as follows:

BIDDER	AWARD CRITERIA FIGURE
Sea Pac Engineering, Inc., Los Angeles	1.0269
John F. Otto, Inc., Sacramento	1.0795
Mark Scott Construction, Inc., Pleasant Hill	1.0878
Everlast Builders, Inc., Canyon Country	1.129
CWS Construction Group, Inc., Novato	1.1815
Vila Construction Co., Inc., Richmond	1.2078
Staples Construction, Ventura	1.2590
Southwest Construction & Property Management, San Bruno	1.3885
Pacific Mountain Contractors of CA, Concord	2.3661

Staff has determined that the three lowest bids received by Sea Pac, Otto, and Mark Scott are responsive. The Public Works Director recommends the Board award the job order contracts for this project to Sea Pac, Otto, and Mark Scott for a job orders under the job order contracts in amounts not less than $25,000 nor more than $2,000,000.

California Environmental Quality Act (CEQA) requirements will be addressed on a project-by-project basis as job orders occur. Each of the job order contractors will perform outreach required under the County’s Outreach Program for the work to be performed under each job order in excess of $175,000.
On March 31, 2015, the Public Works Department participated in a County Building Infrastructure Workshop before the Board. At that time, Capital Projects and Facilities Maintenance staff were reviewing the recommended priority projects from the 2014 assessment of 81 buildings at 48 sites to present the list of projects to be funded with Facilities Life-Cycle Investment Program (FLIP). On May 12, 2015, the Board approved the FLIP project list for the Fiscal Year 2015/2016.

In order to be efficient in delivering projects, the County will need to employ a variety of project delivery methods. One such method is Public Contract Code Section 20128.5, which authorizes counties to award one or more individual annual contracts for repair, remodeling, or other repetitive work to be done according to unit prices. Once an annual contract is awarded, individual projects are then done through written job orders performed by the job order contractor at the unit prices bid for the annual contract. Such Job Order Contracting (JOC) is a project delivery tool that has been proven to reduce costs, save time, and increase productivity.

The Board of Supervisors had previously approved the use of annual JOC contracts in 2002. From 2002 to 2010, the County successfully utilized JOC as a responsive contracting technique for the accomplishment of maintenance, repair, and remodeling projects totaling more than $15 million.

CONSEQUENCE OF NEGATIVE ACTION:

If JOC bid solicitation is not approved and authorized, the County will not have the resources to complete deferred maintenance projects as described in the FLIP report and other County construction projects involving repair, remodeling, and other repetitive work.