To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Construction Contract for the Pleasant Hill Road Bridge Over Taylor Boulevard Preventative Maintenance Project, Lafayette area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
(1) APPROVE plans, specifications, and design for the Pleasant Hill Road Bridge Over Taylor Boulevard Preventative Maintenance Project, Lafayette area. County Project No. 0662-6R4086, Federal Project No. BRLS-5928(154) (District IV)
(2) DETERMNE that Valentine Corporation (“Valentine”), the lowest monetary bidder, submitted a non-responsive bid by failing to comply with the requirements of the County’s Disadvantaged Business Enterprise (“DBE”) Program, as provided in the project specifications; and REJECT the bid on that basis.
(3) DETERMINE that American Civil Constructors West Coast LLC (“American Civil Constructors”), the second lowest monetary bidder, has complied with the requirements of the County’s DBE Program for this project, as provided in the project specifications; and FURTHER DETERMINE that American Civil Constructors has submitted the lowest responsive and responsible bid for this project
(4) AWARD the construction contract for the above project to American Civil Constructors in the listed amount ($1,090,000.00) and the unit prices submitted in the bid, and DIRECT that American Civil Constructors shall present two good and sufficient surety bonds, as indicated below, and that the Public Works Director, or designee, shall prepare the contract.
(5) 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 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, and bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned.
(7) 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.
(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) 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 American Civil Constructors 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 43% Highway Bridge Program (federal) Funds and 57% Local Road 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 Public Works Director. On October 22, 2024, the Public Works Department received bids from the following contractors:
BIDDER, TOTAL AMOUNT, BOND AMOUNTS
Valentine Corporation, $1,013,369.00
American Civil Constructors West Coast LLC, $1,090,000.00; Payment Bond: $1,090,000.00; Performance Bond: $1,090,000.00
Kerex Engineering, Inc., $1,189,716.00
Gordon N. Ball, Inc., $1,252,837.00
This is a federally funded project subject to the County’s Disadvantaged Business Enterprise (DBE) Program’s goals and requirements, which are mandated by federal law. The Public Works Director has determined that the lowest monetary bidder, Valentine Corporation, submitted a non-responsive bid by failing to meet the 20% DBE goal for this project, achieving 12.25% DBE participation, and failing to submit adequate good faith effort documentation to comply with the DBE requirements. The Public Works Director recommends rejection of the bid submitted by Valentine.
The second bidder listed above, American Civil Constructors, submitted the lowest responsive and responsible bid, which is $99,716.00 less than the next lowest bid, and exceeded the DBE goal, achieving DBE participation of 21.06%.
On November 6, 2024 Valentine, the lowest monetary bidder, was notified in writing of the Public Works Director’s determination of non-compliance with the DBE Program requirements (see Attachment A). On November 12, 2024 Valentine appealed the Public Works Director’s determination. On December 11, 2024, an administrative hearing was held by a three-person panel (Public Works Director and two upper managers) to consider Valentine’s appeal and to review/reconsider the determination that Valentine had failed to document an adequate good faith effort to comply with the DBE goal and requirements for this project. On December 18, 2024, after thorough review, including consideration of the DBE participation achieved by other bidders (American Civil Constructors and Kerex , 21.06% and 48.33%), the panel issued a written decision denying Valentine’s appeal and upholding the determination that Valentine’s bid was non-responsive for failure to meet the DBE goal or to submit adequate good faith effort documentation (see Attachment B).
The Public Works Director reports that American Civil Constructors submitted the lowest responsive and responsible bid, which is $99,716.00 less than the next lowest bid, and exceeded the DBE goal for this project, achieving DBE participation of 21.06%, and recommends that the construction contract be awarded to American Civil Constructors; 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 15301(c) Categorical Exemption, and a Notice of Exemption was filed with the County Clerk on July 31, 2020.
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.