Agenda

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C. 8

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	May 9, 2017

Contra

Costa

County

Subject:

Construction Contract for the San Pablo and Wildcat Creeks Levee Remediation Project, North Richmond area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/09/2017

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Kevin Emigh, 925.313-2233

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 9, 2017
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

(1) APPROVE plans, specifications, and design for the San Pablo and Wildcat Creeks Levee Remediation Project, North Richmond area. Project No. 7527-6D8740 (District I)


(2) DETERMINE that Ghilotti Construction Company (“Ghilotti”) the lowest monetary bidder, has complied with the requirements of the County’s Outreach Program and has exceeded the Mandatory Subcontracting Minimum for this project, as provided in the project specifications; and FURTHER DETERMINE that Ghilotti has submitted the lowest responsive and responsible bid for the project.

RECOMMENDATION(S): (CONT'D)

(3) AWARD the construction contract for the above project to Ghilotti in the listed amount ($1,702,795.25) and the unit prices submitted in the bid, and DIRECT that Ghilotti shall present two good and sufficient surety bonds, as indicated below, and that the Chief Engineer, or designee, shall prepare the contract.

(4) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted below and any required certificates of insurance or other required documents, and the Chief Engineer has reviewed and found them to be sufficient, the Chief Engineer, or designee, is authorized to sign the contract for this Board.

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

(6) ORDER that, the Chief Engineer, 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.

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

(8) DELEGATE, pursuant to Labor Code Section 6705, to the Chief Engineer, 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.

(9) DECLARE that, should the award of the contract to Ghilotti 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 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 construction contract will be funded by 65% Department of Water Resources Grant Funds, 30% County General Fund, 5% Flood Control District Zone 7 Funds.

BACKGROUND:

The above project was previously approved by the Board of Supervisors, plans and specifications were filed with the Board, and bids were invited by the Chief Engineer. On April 4, 2017, the Flood Control and Water Conservation District received bids from the following contractors:

BIDDER, TOTAL AMOUNT, BOND AMOUNTS
Ghilotti Construction Company (“Ghilotti”): $1,702,795.25; Payment: $1,702,795.25; Performance: $1,702,795.25

W.R. Forde Associates: $1,820,644.00

Maggiora & Ghilotti, Inc.: $1,957,957.50

Serafix Engineering Contractors, Inc.: $2,115,416.00

The Chief Engineer has reported that Ghilotti documented an adequate good faith effort to comply with the requirements of the County’s Outreach Program and exceeded the Mandatory Subcontracting Minimum for this project, and the Chief Engineer recommends that the construction contract be awarded to Ghilotti.

The Chief Engineer recommends that the bid submitted by Ghilotti is the lowest responsive and responsible bid, which is $117,848.75 less than the next lowest bid, and this Board concurs and so finds.

The Board of Supervisors previously adopted the combined Finding of No Significant Impact/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in compliance with the California Environmental Quality Act (CEQA) on July 7, 2015, and a Notice of Determination was filed with the County Clerk on July 9, 2015.

The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board, and copies will be made available to any party upon request.

CONSEQUENCE OF NEGATIVE ACTION:

Construction of the project would be delayed, and the project might not be built.