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C. 51
To: Board of Supervisors
From: Julia R. Bueren, Public Works Director/Chief Engineer
Date: September  22, 2015
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: AWARD Construction Contract for the Lefty Gomez Park Improvements, Concession and Picnic Areas at 470 Parker Avenue, Rodeo area. (Project 7770-6X5182)

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   09/22/2015
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
Federal D. Glover, District V Supervisor
Contact: Jason Chen 925-313-3299
cc: PW Accounting     PW CPM Division Manager     PW CPM Project 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:     September  22, 2015
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

(1) APPROVE the design, plans, and specifications for the above project.  
  

(2) DETERMINE that the bid submitted by Thompson Builders Corporation ("Thompson Builders") complied with the requirements of the County’s Outreach Program for this project, as provided in the project specifications, and FURTHER DETERMINE that Thompson Builders submitted the lowest responsive and responsible bid for this project.  

  

RECOMMENDATION(S): (CONT'D)
(3) AWARD the construction contract for the above project to Thompson Builders in the amount of $443,469 (Base Bid) and DIRECT that the Public Works Director, or designee, prepare the contract.  
  
(4) DIRECT that Thompson Builders shall submit two good and sufficient security bonds (performance and payment bonds) in the amount of $443,469 each.  
  
(5) ORDER that, after the contractor has signed the 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, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, or designee, any bid bonds posted by the bidders 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 contract, 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 Thompson Builders 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:

60% Measure WW Grant Funds; 40% Park Dedication Funds.

BACKGROUND:

Voter-approved East Bay Regional Park District Measure WW allocated grant funds to local parks for improvements. Special Districts staff met with the Rodeo Municipal Advisory Committee and CSA R-10 Advisory Committee and the John Swett Unified School District to develop the proposed improvements at Lefty Gomez Park. The improvements include installing seating in the ballfield walkway area impacted by tree roots, adding drinking fountains, installing large group BBQs and picnic tables, providing new ground surface to improve accessibility, construction of a concession booth that includes a restroom, announcer’s stand, kitchen and extra storage, repair of ballfield entry gate, replacement of bleachers, installing trash cans in picnic and concession areas, and storm drain, water and sewer improvements.  
  
Plans and specifications for the project have been prepared for the Public Works Department by Stantec Architects, Inc. and filed with the Clerk of the Board by the Public Works Director. Bids were received and opened by the Public Works Department on August 27, 2015, and bids were as follows:  
BIDDER TOTAL BASE BID
Thompson Builders Corporation $443,469.00
Water Rock Construction $574,069.00
  
All the base bids received were more than the Architect's Estimate of $274,000. Staff has determined that the information received by the Architect from the suppliers for key components of the work, was not accurate to the work required. Lesser quality products than what is required were quoted by the supplier during the project estimate stage. Additionally, given the current construction and bidding environment, we have determined by consensus of other agencies, bids for similar projects are ranging from 20% to 70% higher than the estimates.  
  
Staff has evaluated the low bid submitted by Thompson Builders and their good faith effort documentation. Thompson Builders bid is responsive and their good faith effort documentation is in compliance with the County's Outreach Program. The Public Works Director recommends the Board award the construction contract, including the Base Bid work to Thompson Builders, the lowest responsive and responsible bidder, in the amount of $443,469.00.  
  
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:

If the construction contract is not awarded, the project will not move forward and the concession and picnic areas will continue to deteriorate.

CHILDREN'S IMPACT STATEMENT:

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