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Community Development Services, Department of Transportation, recommending the Board consider the following pertaining to the New York Creek Trail East - Phase 2 Project, Contract PW 15-31108, CIP 72308/36109008:
1) Reject the bid protest filed by McCuen Construction, Inc.;
2) Award the Construction Contract to Pacific Infrastructure Construction, LLC who submitted the lowest responsive, responsible bid;
3) Approve and authorize the Chair to sign the Construction Contract, subject to review and approval by County Counsel and Risk Management; and
4) Authorize the Community Development Services, Department of Transportation Director 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. (Est. Time: 20 Min.)
FUNDING: Congestion Mitigation and Air Quality Program (99.79%) (Federal Funds), and Accumulative Capital Outlay (.21%) (ACO Funds).
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DEPARTMENT RECOMMENDATION
Award and Sign Construction Contract with Lowest Responsive, Responsible Bidder:
On Wednesday, June 27, 2018, the Community Development Services, Department of Transportation (Transportation), opened bids for the New York Creek Trail East - Phase 2 Project (Project). Seven bids were received ranging from $976,862.50 to $1,684,557.00.
Transportation issued the All Bidders Letter on July 9, 2018, notifying the bidders of the recommendation to the Board for award and initiating the five-day bid protest period. The bid protest period ended at 5:30 p.m. on Tuesday, July 17, 2018 with one protest filed by McCuen Construction, Inc. (McCuen).
The protest filed by McCuen claimed the following:
1) The prefabricated Bridge Company (Big R Bridge) that Pacific Infrastructure Construction, Inc. (PCI) used does not have an AWS Certified Fabricator Certification as required by the Specs.
2) Pacific Infrastructure Construction, LLC. (PCI) may have falsely submitted its Public Contra...
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