Title
Department of Transportation, recommending the Board consider the following pertaining to the Bassi Road at Granite Creek - Bridge Replacement Project, CIP 77128/36105001, Contract 2777:
1) Award the Construction Contract to Steelhead Constructors, Inc., who was the lowest responsive, responsible bidder;
2) Approve and authorize the Chair to sign the Construction Contract, subject to review and approval by County Counsel and Risk Management; and
3) Authorize the Director of Transportation to sign an Escrow Agreement, if requested by the Contractor and in accordance with Public Contract Code Section 22300, for the purpose of holding Contract retention funds.
FUNDING: Highway Bridge Fund (100%). (Federal Funding)
Body
DISCUSSION / BACKGROUND
Award and Sign Construction Contract with Lowest Responsive, Responsible Bidder:
On Wednesday, February 27, 2019 at 2:00 p.m. Department of Transportation (Transportation) opened bids for Bassi Road at Granite Creek- Bridge Replacement Project (Project). Seven bids were received ranging from $2,520,809.00 to $3,984,875.00.
The Disadvantaged Business Enterprise (DBE) goal for this project is 17%. Per the Contract documents, the Contractor had until 4:00pm on the fifth business day after the bid opening to submit their DBE commitment and documentation. Steelhead Constructors, Inc. (Steelhead) submitted their DBE commitment and documentation on Wednesday, March 6, 2019 with a 17% DBE commitment. Transportation reviewed Steelhead’s DBE Commitment form submittal and finds that the firms listed are certified DBEs under the California Unified Certification Program and meet the criteria for a DBE; that Steelhead provided sufficient written confirmation from each DBE firm that each is participating in the Contract; and, that Steelhead has committed to meeting the Contract DBE goal.
Transportation issued the All Bidders Letter on Thursday March 7, 2019, notifying the bidders of the recommendation to the Board for award of the contract to Steelhead and initiating the bid protest period. The bid protest period ended at 5:00 P.M. on Thursday, March 14, 2019, with no protests filed.
Authorize the Director of Transportation (Director) to Sign Escrow Agreement:
Pursuant to Special Provisions Section 9-1.16F, "Retentions", Transportation will retain five percent (5%) of the value of work done from each Contractor payment (excluding mobilization payments) as security for the fulfillment of the Contract. Alternatively, Public Contract Code (PCC) Section 22300 provides that the Contractor may request that payment of retentions held be made directly to an Escrow Agent. The Contractor will receive the interest earned on the investment.
In accordance with these provisions, the Contractor may request in writing that the County make payment of retention funds directly into an escrow account, which would necessitate an Escrow Agreement. To help expedite this process, if requested by the Contractor, Transportation requests that the Board authorize the Director to execute the Escrow Agreement. Upon satisfactory completion of portions of the Contract and upon written notification from the Director, the Contractor will receive incremental releases from the Escrow Agent paid into the account and any interest earned thereon. A portion of the retention and interest will be retained in the escrow account until thirty-five (35) days after the recordation of the Notice of Acceptance of the Contract at which time, upon written notification, these funds will be released to the Contractor.
On October 24, 2017, Legistar 12-1203, Item 34, the Board Chair signed Resolution 129-2017, adopting an Oak Resources Management Plan (ORMP) and Resolution 130-2017, establishing an In-Lieu Fee to mitigate impacts to oak woodland areas and individual oak trees. The ORMP requires that a report be prepared by a certified arborist, which evaluates the impacts of a project to oak woodland and individual oak trees. Transportation has prepared this report and calculated the required in-lieu mitigation fee for impacts to individual oak trees resulting from the Project in the amount of $42,687. Accordingly, Transportation will transfer this amount to the County’s In-Lieu Fee program to be utilized in accordance with Resolution 130-2017.
Contract Change Orders (CCOs):
In any contract there is a need to be able to make changes and the CCO process facilitates the ability to make necessary changes when needed within a contract.
Supplemental CCOs
Certain types of work are necessary to complete the Project which cannot be estimated accurately because they require a variable effort to complete. These items are referred to as supplemental items and are identified in the Contract Documents as CCO work to be performed and paid for on a time and material basis using California Department of Transportation (Caltrans) standard force account billing procedures. The work is authorized by issuance of a CCO, which also encumbers the funds anticipated for each of the planned supplemental items of work and is billed against as the work progresses. The amount of each CCO is based on an evaluation by Transportation staff of the Project components, area, and time frame. Supplemental items in this contract include Flagging, Water Pollution Control and Trainee items totaling 5% of the original Contract value. Because this work is anticipated and budgeted for separately, supplemental CCOs are not included in the 10% cap normally associated with contingency CCOs.
Contingency CCOs
With construction contracts, there is an expectation that unanticipated changes will be encountered once construction begins. To prepare for this, a 10% contingency budget is set aside. PCC Section 20142 and Resolution 102-2012 authorize the Director to execute individual CCOs, the maximum value of which is based on the original contract amount with a not-to-exceed limit of $138,540.45. This authority is also for a cumulative total of contingency CCOs not to exceed 10% of the original Contract value.
This Project proposes to replace the existing Bassi Road Bridge over Granite Creek with a functional bridge that meets current design standards. This Project is needed since the existing bridge, built in 1949, is structurally deficient, with a sufficiency rating of 32.2, and has exhibited evidence of scour degradation at the piers and abutments within recent years. The proposed bridge would have a longer span that is approximately 104-feet long and 28-feet wide providing two traffic lanes and 3-foot shoulders on each side. The work to be performed includes a new cast-in-place pre-stressed concrete box girder bridge over Granite Creek; removal of the existing structure; grading and paving for the new bridge approaches; and, signing, striping, and drainage system improvements.
This Project is one hundred twenty (120) working days. Due to lack of feasible detour routes, no closure of Bassi Road will be allowed for this contract. All stage construction work must be accomplished while maintaining through traffic with the aid of a temporary signal system.
Due to federal funding, both California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance are required. A CEQA Negative Declaration was approved by this Board on June 2, 2015, Item 36, Legistar 15-0611. A California Department of Transportation (Caltrans) NEPA Categorical Exclusion Determination was issued on August 6, 2018 and a re-validation was approved on September 26, 2018. All environmental permits have been approved for this Project.
The Project contains a jurisdictional waterway within the construction limits and requires coverage of the United States Army Corps of Engineers, California Department of Fish and Wildlife, or Regional Water Quality Control Board permits. All of the permits have been obtained and copies are included in Appendix B of the Contract Documents.
All required right of way has been obtained for the Project. No utility agreements or relocations are necessary for this Project.
Transportation has received an advanced construction (AC) federal funding authorization (E-76) for construction phase activities. Transportation is expected to receive the fully funded authorization prior to the start of construction activities.
The Contract Documents include all required federal provisions and incorporate the current Caltrans Disadvantaged Business Enterprise (DBE) requirements. The DBE goal is 17%.
The Project was approved for advertisement on January 29, 2019, Item 22, Legistar 19-0017.
ALTERNATIVES
1) The Board could choose to not award the contract and direct Transportation to re-advertise for construction bids.
2) The Board could choose to cancel the Project. Note: The Board has previously approved the Project and the County would not be reimbursed with federal funds for the Project work completed to date.
PRIOR BOARD ACTION
See Discussion / Background Section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management reviewed and approved the Contract Documents on January 16, 2019.
CAO RECOMMENDATION / COMMENTS
It is recommended that the Board approve this item.
FINANCIAL IMPACT
The Engineer's Estimate for the construction phase of the Project is $3,348,931, which includes a bid of $2,520,809; construction management, survey, materials testing and design support during construction totaling $450,000; supplemental items of work totaling $126,041; and, contingency of $252,081.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Upon approval by County Counsel and Risk Management, Transportation will forward two (2) originals of the Construction Contract, together with the required bonds and insurance, and the approved Contract Routing Sheet to the Clerk for the Chair's signature.
2) The Clerk will forward one (1) fully executed Construction Contract to Transportation, attention of Brian Franklin, Office Engineer, for further processing.
STRATEGIC PLAN COMPONENT
Infrastructure
CONTACT
Rafael Martinez, Director
Department of Transportation