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D. 6

To:	Contra Costa County Fire Protection District Board of Directors
From:	Jeff Carman, Chief, Contra Costa County Fire Protection District
Date:	March 12, 2019

Contra

Costa

County

Subject:

Construction Contract for the New Fire Station 70 at 1800 23rd Street, San Pablo

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/12/2019

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, Director
Candace Andersen, Director
Karen Mitchoff, Director
Federal D. Glover, Director

ABSENT:

Diane Burgis, Director

Contact:

Aaron McAlister, Assistant Fire Chief 925-941-3300 x1103

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: March 12, 2019
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. DETERMINE that the Fire Station 70 project is feasible pursuant to the Memorandum of Understanding between the City of San Pablo and the District (the "MOU") based upon the lowest construction bid of $9,778,000, and the City of San Pablo contributing 40% of the project cost, not to exceed $4.5 million.


2. APPROVE and AUTHORIZE the Fire Chief, or designee, to execute the Memorandum of Agreement, and the Right of First Offer according to the terms of the MOU, and ACCEPT the Grant Deed from the City for the property located at 1800 23rd Street and identified as Assessor’s Parcel Number 411-100-029.

RECOMMENDATION(S): (CONT'D)

3. APPROVE plans, specifications, and design for the Contra Costa County Fire Protection District Fire Station 70 (San Pablo) Project (WH704B).

4. DETERMINE that the bid submitted by Alten Construction, Inc. (Alten) complies with the requirements of the Project specifications, and the District Board WAIVES any irregularities in Alten Construction, Inc.’s compliance with the requirements of the County's Outreach Program; and FURTHER DETERMINE that Alten has submitted the lowest responsive and responsible bid for the project.

5. AWARD the construction contract for the above project to Alten Construction, Inc. (Contractor), in the listed amount ($9,778,000), and the unit prices submitted in the bid, and DIRECT the Fire Chief, or designee, to prepare the contract.

6. DIRECT that Alten Construction, Inc. shall submit two good and sufficient surety bonds (performance and payment bonds) in the amount of $9,778,000 each.

7. ORDER that, after the Contractor has signed the contract and returned it, together with the bonds, certificate of insurance, and other required documents, and the Fire Chief has reviewed and found them to be sufficient, the Fire Chief, or designee, is authorized to sign the contract for this Board.

8. ORDER that, in accordance with the project specifications and upon signature of the contract by the Fire Chief, or designee, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for bid security shall be returned.

9. ORDER that the Fire Chief, or designee, sign any escrow agreements prepared for this Project to permit the direct payment of retention into escrow or the substitution of securities for moneys withheld by the District to ensure performance under the contract, pursuant to Public Contract Code Section 22300.

10. AUTHORIZE the Fire Chief, or designee, to order changes or additions to the work pursuant to Public Contract Code Section 20142.

11. DELEGATE, pursuant to Public Contract Code Section 4114, to the Fire Chief, or designee, the Board's functions under Public Contract Code Sections 4107 and 4110.

12. DELEGATE, pursuant to Labor Code Section 6705, to the Fire Chief or to any registered civil or structural engineer employed by the District, 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.

13. DECLARE that, should the award of the contract to Alten 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 other bids received. Nothing in this Board Order 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).

FISCAL IMPACT:

The total project budget including architectural services, construction management services, capital projects fees, construction and contingency is $13 million. The Contra Costa County Fire Protection District and the City of San Pablo will enter into a Memorandum of Understanding wherein the City of San Pablo contributes $4.5 million in funding for the construction of Fire Station 70 and the District contributes $8.5 million in funding. Development impact fees have been exhausted in the District's capital outlay fund; therefore, this construction project will initially be funded through use of unrestricted general fund reserves. The District will return to the Board with a general fund budget adjustment prior to the end of the current fiscal year.

As part of the District's 2019-20 Recommended Budget submission, the District requested the establishment of a capital construction fund for current and future major construction projects, to include Fire Station 70. Included in that request is the earmarking of unrestricted reserves for this project. The District has a 10% General Fund Reserve Policy. Currently, reserves far exceed 10% of budgeted expenditures. At this time reserves can be used to fund this project without having to consider financing. Delays in the project could result in increased construction costs.

BACKGROUND:

In late 2015, the Contra Costa County Fire Protection District (District) initiated the process for the design of a replacement facility for Fire Station 70 in San Pablo, currently located at 13928 San Pablo Avenue. The current station is comprised of modular buildings installed in 1992 subsequent to the permanent station facility being abandoned due to damage sustained from the Loma Prieta earthquake. The current station was designed for a crew of three personnel and is now housing a crew of five personnel with the addition of Squad 70.

In early discussions with the City of San Pablo, an alternate site at 1800 23rd Street was made available to relocate the station. On November 8, 2016, the District contracted with LCA Architects to develop plans and specifications for a fire station at this new location. On September 12, 2017, the Board found the project to be exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15332 as infill development.

Per Section 4. A. and B. of the Memorandum of Understanding, the City and District agreed to take specified actions for the purpose of determining the feasibility of the Project, and if the Project was found to be feasible, but before Project construction commenced, the City would convey to the District fee title to the new Station 70 Property.

The new station will house two full three-person crews for potential expansion of services in the future and will comply with seismic standards as well as being able to meet ADA requirements. The station will provide fire protection for the community over the next fifty years and allow for the facility to provide personnel with the components, systems, and features found in modern fire stations.

The new Fire Station 70 will be a two-story structure including, but not limited to, three (3) apparatus bays, kitchen, dorm rooms, offices, restrooms, training, exercise, decontamination, storage, day and dining rooms, along with all associated heating and cooling, electrical, civil site work, and landscaping. The new station will include a two-stop elevator, emergency generator, and fuel tank. The project will also include a photovoltaic roof system and designed to meet LEED Silver equivalency per the County’s standard for public buildings.

On November 13, 2018, this Board approved the design and bid documents for the construction of the Project and the bid Notice to Contractors was duly published in accordance with Public Contract Code Section 22037 and emailed, faxed or sent by U.S mail to construction trade journals as specified in Public Contract Code Section 22036.

Bids were received and opened by the Public Works Department on January 17, 2019, and the bid results are as follows:

BIDDER: Alten Construction, Inc., Richmond CA. BASE BID: $9,778,000.
BIDDER: D.L. Falk Construction, Inc., Hayward BASE BID: $10,044,000.
BIDDER: W.A. Thomas Co., Inc., Martinez BASE BID: $10,420,000.

The average prevailing wage rates are on file with the Clerk of the Board of Directors and will be the minimum rates paid on this project. Construction is estimated to begin in April 2019 and will take approximately seventeen months to complete. The City will fund $4,500,000 of the station construction. The District will fund the balance of the project with unrestricted general fund reserves.

Public Works Department staff has determined that Alten Construction Inc.'s bid is responsive and that the bidder has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program, as provided in the project specifications. Staff recommends that the bid be awarded to Alten Construction Inc. in the amount of $9,778,000.

Pursuant to the County's Project Labor Agreement (PLA) policy, a PLA is required on this Project. Alten Construction has signed a 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 parties upon request.

CONSEQUENCE OF NEGATIVE ACTION:

If the Project is not approved, a new fire station will not be constructed impacting future emergency response in the area. Alternatively, if the District is directed to proceed under a different course of action, delays would be added to the construction timeline increasing cost due to escalation.