To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Construction Contract for Ygnacio Valley Upgrades Project at 2661 Oak Grove Road, Walnut Creek.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE the plans and specifications for the Ygnacio Valley Library Upgrades Project at 2661 Oak Grove Road, Walnut Creek. (District IV)
FIND that the bid submitted by CWS Construction Group, Inc. is non-responsive for failure to comply with the County’s Good Faith Effort (GFE) Outreach Program requirements.
FIND that the bid submitted by E F Brett and Company, Inc. is the lowest responsive and responsible bid and DETERMINE that said bid complies with all requirements of the Project specifications, including the County’s Outreach Program; and WAIVE any minor irregularities in said bid.
DIRECT that, as a condition of contract award, E F Brett and Company, Inc. and its subcontractors shall execute a Project Labor Agreement for the Project as required by the project specifications.
AWARD the construction contract to E F Brett and Company, Inc. in the amount of $2,477,000.
DIRECT that E F Brett and Company, Inc. shall submit two good and sufficient security bonds (performance and payment) in the amount of $2,477,000 each.
ORDER that, after E F Brett and Company, Inc. 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.
ORDER that, in accordance with the Project specifications and 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 bid security shall be returned.
AUTHORIZE the Public Works Director, or designee, to sign any escrow arrangements prepared for this Project to permit the direct payment of retention into escrow for the substitution of securities for monies withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 2230.
AUTHORIZE the Public Works Director, or designee, to execute change orders or additions to the work and approved time extensions pursuant to Public Contract Code Section 20142. The extra cost for any change or addition to the work so ordered shall not exceed $136,350.
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.
DECLARE that, should the award of the contract to E F Brett and Company, Inc. 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 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 the required bonds or insurance. (See Public Contract Code Sections 5100-5107).
FISCAL IMPACT:
The total construction contract amount is $2,477,000. Funding for the project is included in the FY 2025/26 Public Works Budget.
|
Funding Source |
Percentage |
Amount |
|
Measure X Funds |
86% |
$2,132,220 |
|
Library Funds |
14% |
$346,780 |
|
Total |
100% |
$2,477,000 |
BACKGROUND:
This project provides for comprehensive upgrades to the electrical, lighting, and roofing systems at the Ygnacio Valley Library, located at 2661 Oak Grove Road, Walnut Creek.
The facility is a 13,302-square-foot building constructed in 1974. The existing electrical system is aging and insufficient for modern demand. The project scope includes installing a new high-capacity electrical switchboard to power the all-electric Heating, Ventilation, and Air Conditioning (HVAC) system and future electric vehicle charging stations (EVCS). Interior lighting will be upgraded from fluorescent fixtures to energy-efficient Light Emitting Diode (LED) fixtures, aligning with the County’s Climate Action Plan. Additionally, the roofing system will be treated with a weather-resistant product to extend the manufacturer’s recommended service life.
On September 9, 2025, the Board of Supervisors approved the design and authorized the solicitation of bids in accordance with Public Contract Code Section 22037.
On November 6, 2025, Public Works opened bids. Seven (7) contractors submitted bids. The apparent low bidder was CWS Construction Group, Inc. The results were as follows:
CWS Construction Group, Inc.: $2,357,000
E F Brett and Company, Inc.: $2,477,000
Buhler Commercial: $2,487,000
Bid Analysis and Outreach Program Compliance:
Public Works staff thoroughly reviewed the bids and the required Good Faith Effort (GFE) documentation. Staff determined that CWS Construction Group, Inc. failed to meet the GFE requirements outlined in the Project Specifications. Consequently, their bid is deemed non-responsive.
The second lowest bidder, E F Brett and Company, Inc., submitted a bid of $2,477,000. Staff review confirms that E F Brett and Company, Inc. has documented an adequate GFE to comply with the County's Outreach Program. Therefore, staff recommends awarding the contract to E F Brett and Company, Inc. as the lowest responsive and responsible bidder.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve this action, the project will not proceed. The electrical system will remain insufficient for current power requirements, lighting will remain non-compliant with the County's energy efficiency goals, and the roof will remain vulnerable to failure, potentially impacting library operations.