To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Construction Contract for the 2025 Walnut Creek Overlays Project.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
(1) APPROVE plans, specifications, and design for the 2025 Walnut Creek Overlays Project. (County Project No. 0672-6U2122) (District IV).
(2) DETERMINE that MCK Services, Inc. (“MCK”), 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.
(3) DETERMINE that Bay Cities Paving & Grading, Inc. (“Bay Cities”), the second 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 Bay Cities has submitted the lowest responsive and responsible bid for the project.
(4) AWARD the construction contract for the above project to Bay Cities in the listed amount ($2,530,459.53) and the unit prices submitted in the bid, and DIRECT that Bay Cities 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 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.
(6) 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.
(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 Bay Cities 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 the required bonds or insurance (see Public Contract Code Sections 5100-5107).
FISCAL IMPACT:
The Project will be funded by 100% 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 April 15, 2025, the Public Works Department received bids from the following contractors:
BIDDER, TOTAL AMOUNT, BOND AMOUNTS
MCK Services Inc.: $2,459,877.50
Bay Cities Paving & Grading, Inc.: $2,530,459.53; Payment: $2,530,459.53; Performance: $2,530,459.53
Goodfellow Bros. California LLC.: $2,654,025.00
Ghilotti Construction Company, Inc.: $2,780,278.00
MCKIM Corporation: $2,799,985.89
Radius Earthwork Inc.: $2,969,804.80
Ghilotti Bros., Inc.: $3,083,890.00
JV Lucas Paving, Inc.: $3,084,407.50
DeSilva Gates Construction LLC: $3,256,256.00
O’Grady Paving, Inc.: $3,748,313.50
The Public Works Director has determined that MCK Services, 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 MCK Services, Inc.
On April 23, 2025, MCK Services, Inc. was notified in writing of the Public Works Director’s determination. A copy of the letter is attached to this Staff Report. MCK Services, Inc. did not appeal the determination.
The Public Works Director has reported that Bay Cities documented an adequate good faith effort to comply with the requirements of the County’s Outreach Program and exceeded the Mandatory Subcontracting Minimum, and the Public Works Director recommends that the construction contract be awarded to Bay Cities.
The Public Works Director has determined that the bid submitted by Bay Cities, which is $123,565.47 less than the next lowest responsive bid, is the lowest responsive and responsible bid and recommends that the construction contract for this project be awarded to Bay Cities; 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 January 28, 2025.
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.