Agenda

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C. 1

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	August 6, 2019

Contra

Costa

County

Subject:

Construction Contract for the Tara Hills Pedestrian Infrastructure Project, San Pablo area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/06/2019

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: August 6, 2019
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

(1) APPROVE plans, specifications, and design for the Tara Hills Pedestrian Infrastructure Project, Tara Hills area. Project No. 0662-6R4211


(2) DETERMINE that Kerex Engineering, Inc., the lowest monetary bidder, submitted a non-responsive bid by failing to comply with the requirements of the County’s Outreach Program for this project, as provided in the project specifications; and REJECT the bid on that basis.

RECOMMENDATION(S): (CONT'D)

(3) DETERMINE that Silao General Engineering, Inc., the second lowest monetary bidder, submitted a non-responsive bid by failing to comply with the requirements of the County’s Outreach Program for this project, as provided in the project specifications; and REJECT the bid on that basis.

(4) DETERMINE that Pacific Infrastructure Construction, LLC, the third 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 Pacific Infrastructure Construction, LLC has submitted the lowest responsive and responsible bid for the project.

(5) AWARD the construction contract for the above project to Pacific Infrastructure Construction, LLC in the total amount ($474,647.00) and the unit prices submitted in the bid, and DIRECT that Pacific Infrastructure Construction, LLC shall present two good and sufficient surety bonds, as indicated below, and that the Public Works Director, or designee, shall prepare the contract.

(6) 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 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.

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

(8) ORDER that, the Public Works Director, 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.

(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) DELEGATE, pursuant to Labor Code Section 6705, to the Public Works 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 the contract to Pacific Infrastructure Construction, LLC 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 and associated fees of this project will be funded by 82% Local Road Fund, 10% Measure J Fund and 8% Transportation Development Act Grant.

BACKGROUND:

The above project was previously approved by the Board of Supervisors, specifications were filed with the Board, and bids were invited by the Public Works Director. On July 2, 2019, the Public Works Department received bids from the following contractors:

BIDDER, TOTAL AMOUNT, BOND AMOUNTS

Kerex Engineering, Inc, $418,110.00

Silao General Engineering, Inc., $449,969.88

Pacific Infrastructure Construction, LLC, $474,647.00; Payment: $474,647.00; Performance: $474,647.00

Sposeto Engineering, Inc., $563,639.00

Ghilotti Bros., Inc., $601,362.50

W. R. Forde Associates, Inc., $697,930.00

FBD Vanguard Construction, Inc., 742,013.60

The Public Works Director has determined that Kerex Engineering, Inc. submitted a non-responsive bid by failing to document an adequate good faith effort to comply with the requirements of the County’s Outreach Program for this project, as provided in the project specifications, and the Public Works Director recommends rejection of the bid submitted by Kerex Engineering, Inc.

On, May 4, 2017, Kerex Engineering, Inc. was notified in writing of the Public Works Director’s determination. A copy of the letter is attached to this Board Order. Kerex Engineering, Inc. did not appeal the determination.

The Public Works Director has determined that Silao General Engineering, Inc. submitted a non-responsive bid by failing to document an adequate good faith effort to comply with the requirements of the County’s Outreach Program for this project, as provided in the project specifications, and the Public Works Director recommends rejection of the bid submitted by Sposeto Engineering, Inc.

On, May 4, 2017, Silao General Engineering, Inc. was notified in writing of the Public Works Director’s determination. A copy of the letter is attached to this Board Order. Silao General Engineering, Inc. did not appeal the determination.

The Public Works Director has determined that Pacific Infrastructure Construction, Inc. 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 Public Works Director recommends that the construction contract be awarded to Pacific Infrastructure Construction, LLC.

The Public Works Director recommends that the bid submitted by Pacific Infrastructure Construction, Inc. is the lowest responsive and responsible bid, which is $88,992.00 less than the next lowest bid, and this Board concurs and so finds.

The Board of Supervisors previously determined that the project is exempt from the California Environmental Quality Act (CEQA) as a Class 1(c) Categorical Exemption, and a Notice of Exemption was filed with the County Clerk on February 13, 2014.

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 this project would be delayed, and the project might not be built.