To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: AWARD and AUTHORIZE the Public Works Director, or designee, to execute a construction contract for the Brookside Mental Health Rehabilitation Center Construction Project, 847 Brookside Drive, Richmond. (70% State Grant Funds, 30% Mental Health Realignment Funds).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
(1) APPROVE the design, plans and specifications for the Project.
(2) DETERMINE that the bid submitted by Buhler Commercial (“Buhler”) complies with all requirements of the Project specifications, including the requirements of the County’s Outreach Program.
(3) WAIVE any minor irregularities in Buhler’s bid.
(4) FURTHER DETERMINE that Buhler submitted the lowest responsive and responsible bid for the Project.
(5) DETERMINE that the bid protest submitted by W.E. Lyons Construction (“Lyons”) did not comply with the Project specifications and is without merit and CONFIRM the rejection and denial of Lyons’s bid protest, which protest has been rejected and denied by the County Administrator’s Office.
(6) DETERMINE that the bid protests submitted by D.L. Falk (“Falk”) did not comply with the Project specifications and are without merit (as to Buhler) and moot (as to Lyons); and CONFIRM the rejection and denial of Falk’s bid protests, which protests have been rejected and denied by the County Administrator’s Office.
(7) DIRECT that, as a condition of contract award, Buhler and its subcontractors shall execute a Project Labor Agreement for this Project, as required by the Project specifications.
(8) AWARD the construction contract for the above project to Buhler in the listed amount submitted in Buhler’s bid ($17,516,301 for Base Bid, Alternate No. 1, Alternate No. 2, and Unit Prices), and DIRECT the Public Works Director, or designee, to prepare the contract.
(9) DIRECT that Buhler shall submit two good and sufficient surety bonds (performance and payment bonds) in the amount of $17,516,301 each.
(10) ORDER that, after Buhler 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.
(11) ORDER that, in accordance with the Project specifications and upon signature of the construction 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.
(12) 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 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 22300.
(13) AUTHORIZE the Public Works Director, or designee, to approve and order changes or additions to the work, pursuant to Public Contract Code Section 20142, with the extra cost for any change or addition not to exceed $25,000 plus 5 percent of the contract award amount in excess of $250,000, and with no change or alteration to exceed $210,000.
(14) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Code Section 4107 and 4110.
(15) DECLARE that, should the award of the contract to Buhler 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 bids. 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:
Estimated construction cost $17,516,301. $12,030,815 (68.6%) will be funded through the State grant and the remaining $5,485,486 (31.4%) will be funded through the Mental Health Realignment Fund.
BACKGROUND:
On July 12, 2022, the Board of Supervisors authorized Contra Costa Health - Behavioral Health (CCH-BH) to apply for grant funding through the Behavioral Health Infrastructure Program (BHCIP) to expand community-based treatment facilities.
On November 12, 2023, CCH-BH received a Conditional Notice of Award (NoA) of grant funds to renovate and convert a County-owned facility located at 847B Brookside Drive in Richmond into Contra Costa County’s first in-County Mental Health Rehabilitation Center (MHRC). The facility will serve up to 45 clients in need of treatment in a secured setting as they recover from acute psychiatric episodes.
On June 25, 2024, the Board of Supervisors authorized the Health Services Director, or designee, to execute a project funding agreement with Advocates for Human Potential, in an amount not to exceed $18,602,365 through June 30, 2027, for the renovation of County-owned property located at 847B Brookside in Richmond and authorized the Public Works Director, or designee, to execute all property related transactions as required by the grant including, but not limited to filing a Declaration of Restrictions for the portion of the County property to be improved by the granted funds.
CCH-BH proposed the retrofit and adaptive reuse of an existing one-story, wood frame institutional building at the location identified above into a 45 bed MHRC. The project consists of a full interior remodel and seismic upgrade of the approximately 20,000 square foot facility, which will provide 24/7 care and rehabilitation services for adult Medi-Cal beneficiaries with serious mental health illnesses. The remodeled building will include care suites, sleeping rooms, restrooms, medical and wellness spaces, administrative offices, and recreational, dining, and amenity areas. The facility will meet applicable building and energy codes as well as anti-ligature requirements.
The scope includes new mechanical, electrical, and plumbing systems; installation of fire sprinkler and alarm systems, access control and security systems; and replacement of all doors, windows, roofing and exterior and interior finishes. Site work will include grading, utility trenching, and construction of bioretention planters. Additional improvements include a new emergency generator, accessible sidewalks, resurfaced and restriped parking areas, installation of electric vehicle charging stations, new irrigation and lighting systems, and low-maintenance landscaping. A secure perimeter fence and outdoor recreation areas will also be provided.
On September 9, 2025, this Board approved the design and bid documents for the construction of the Project and authorized the solicitation of bids in accordance with Public Contract Code Section 22037.
On December 17, 2025, bids were received and opened by the Public Works Department, and the bid results were as follows:
|
BIDDER |
BID AMOUNT |
|
Buhler Commercial |
$17,516,301 |
|
W.E. Lyons Construction |
$17,705,142 |
|
D.L. Falk |
$17,998,000 |
|
Giant Construction, Inc. |
$19,137,920 |
|
Singular Builders |
$20,124,967 |
|
Guzman Construction |
$22,295,724 |
Public Works Department staff, with assistance from Construction Manager Vanir, Inc., has thoroughly reviewed the bids and determined that Buhler’s bid is responsive, that Buhler is a responsible bidder, and that Buhler has fully complied with the requirements of the County's Outreach Program, as provided in the Project specifications. Staff recommends that the construction contract for this Project be awarded to Buhler, the lowest, responsible bidder, in the amount of $17,516,301 (Base Bid, Alternate No. 1, Alternate No. 2, and Unit Prices), as listed in Buhler’s bid. Staff also recommends that the Board waive any minor irregularities in Buhler’s bid and Outreach Program compliance and documentation.
On December 19, 2025, Lyons, which submitted the second lowest bid at a price $188,841 higher than Buhler’s, submitted a written bid protest to the County challenging, Buhler’s low bid (see Attachment A). Lyons’s bid protest challenged Buhler’s failure to list subcontractors for various work items and challenged Buhler’s ability to self-perform those work items under Buhler’s Class B General Building Contractor’s license, the license required by the Project specifications.
On January 23, 2026, after thoroughly reviewing and investigating Lyons’s bid protest with assistance from the Public Works Department and Vanir, Inc., the County Administrator’s Office determined that the bid protest did not comply with the Project specifications and was invalid and without merit. The response letter (final determination) sent by the County Administrator’s Office rejected and denied Lyons’s bid protest (see Attachment B).
On December 23, 2025, Falk, which submitted the third lowest bid at a price $481,699 higher than Buhler’s, submitted a written bid protest to the County challenging, respectively, the bids of Buhler and Lyons (see Attachment C). Falk’s bid protests challenged the completeness of the list of subcontractors submitted by Buhler and Lyons and challenged their failure to list a subcontractor for Poured-in-Place Walking Track and Buhler’s failure to list a subcontractor for Landscaping.
On January 23, 2026, after thoroughly reviewing and investigating Falk's bid protests with assistance from the Public Works Department and Vanir, Inc., the County Administrator’s Office determined that the bid protests did not comply with the Project specifications, were invalid and without merit (as to Buhler), and were moot (as to Lyons). The response letter (final determination) sent by the County Administrator’s Office rejected and denied Falk’s bid protests (see Attachment D).
Staff recommends that the Board confirm the rejection and denial of the bid protests submitted by Lyons and Falk for all of the reasons stated in the response letters.
As a condition of contract award, Buhler and its subcontractors will be required to sign the County’s standard Project Labor Agreement.
Buhler and its subcontractors will pay prevailing wages for Project work, as required by the Project specifications and state law.
CONSEQUENCE OF NEGATIVE ACTION:
Without the Board of Supervisors approval, the project will not be constructed, the County will not be able to provide planned expanded services to approximately 95 residents a year struggling with severe mental health issues and will lose the BHCIP grant funding.