To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Construction Contract for the Briones Area Guardrail Upgrades Project
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
(1) APPROVE plans, specifications, and design for the Briones Area Guardrail Upgrades. (County Project No. 0662-6R4158)(State project No. HSIPSL 5928(173)) (Districts I, V)
(2) DETERMINE that Midstate Barrier, Inc. (“Midstate Barrier”) the lowest monetary bidder, has complied with the requirements of the project specifications, and the Board WAIVES any irregularities in Midstate Barrier’s compliance with the requirements of the County’s Outreach Program; and FURTHER DETERMINE that Midstate Barrier has submitted the lowest responsive and responsible bid for the project.
(3) AWARD the construction contract for the above project to Midstate Barrier in the listed amount ($1,691,327.50) and the unit prices submitted in the bid, and DIRECT that Midstate Barrier shall present two good and sufficient surety bonds, as indicated below, and that the Public Works Director, 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 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.
(5) ORDER that, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, 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 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.
(7) AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code section 20142.
(8) 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.
(9) 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.
(10) DECLARE that, should the award of the contract to Midstate Barrier 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 Staff Report 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 Project will be funded by 40% State Highway Safety Improvement Program (HSIP) Funds, 60% 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 June 4, 2024, the Public Works Department received bids from the following contractors:
BIDDERS, TOTAL AMOUNT, BOND AMOUNTS
Midstate Barrier Company.: $1,691,327.50; Payment: $1,691,327.50; Performance: $1,691,327.50
The bidder listed above, Midstate Barrier, submitted the lowest responsive and responsible bid.
The Public Works Director recommends waiving any irregularities in Midstate Barrier’s compliance with the requirements of the County’s Outreach Program, as provided in the project specifications, and the Public Works Director recommends that the construction contract be awarded to Midstate Barrier.
The Public Works Director recommends that the bid submitted by Midstate Barrier is the lowest responsive and responsible bid, and this Board concurs and so finds.
The Board of Supervisors previously adopted the Categorical Exemption in compliance with the California Environmental Quality Act (CEQA) and a Notice of Exemption was filed with the County Clerk on November 14, 2023.
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.