REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  June  12, 2018
CATEGORY:  Regular - Public Works-6.

SUBJECT:

Old 44 Drive at Oak Run Creek Bridge – Award Construction Contract

Supervisorial District No. :  5

DEPARTMENT CONTACT:  Pat Minturn, Public Works Director, (530) 225-5661

STAFF REPORT APPROVED BY:  Pat Minturn, Public Works Director

RECOMMENDATION

Take the following actions regarding the Old 44 Drive at Oak Run Creek Bridge Replacement Project: (1) Deny the bid protest of Steelhead Constructors, Inc.; and (2) award to the lowest responsive and responsible bidder, MCM Construction, Inc., on a unit cost basis, the contract for construction of the “Old 44 Drive (3H05) at Oak Run Creek (6C-389) Bridge Replacement Project,” Contract No. 705927, in the amount of $1,924,366.

SUMMARY

The low bidder on the Old 44 Drive Bridge Replacement Project is MCM Construction, Inc.

DISCUSSION

The County is preparing to replace the Old 44 Drive at Oak Run Creek Bridge.  The existing 20-foot wide structure will be replaced with a two-lane concrete box girder bridge.  On March 27, 2018, the Board approved the plans and specifications. On May 17, 2018, six bids were received and opened. Following the bid opening, the second lowest bidder, Steelhead Constructors, Inc., submitted a bid protest. The protest attempts to discredit the low bidder’s Disadvantaged Business Enterprise (DBE) participation as well as their effort to meet the DBE goal of 6% for this project. The merits of the protest have been reviewed by Public Works staff and County Counsel and have been determined to be unfounded. Additionally, the protest alleges that the low bidder failed to list a subcontractor with their bid as required pursuant to the Public Contract Code. However, the subcontractor in question does not meet the definition of a subcontractor as defined in the Business and Professional Code, and therefore is not required to be included on the subcontractor list provided with the bid. The protest also alleges that the low bidder failed to reduce the DBE participation for a listed material and supplies dealer. Bidders are only permitted to take 60% of the value of supplies and materials purchased by DBE firms. Staff has confirmed that the amount listed on the low bidder’s DBE commitment form is correct.

Steelhead Constructors, Inc. has been notified that their bid protest will be heard on June 12, 2018 at 9:00 a.m. in the board chambers.

It is recommended that the Board deny the bid protest and award the contract to MCM Construction, Inc. in the amount of $1,924,366.

ALTERNATIVES

The Board may decline to initiate the work at this time.  The existing bridge would remain.

OTHER AGENCY INVOLVEMENT

Caltrans oversees the project funding.  County Counsel has approved the contract documents as to form and reviewed the bid protest. Risk Management has reviewed and approved the contract documents. The recommendation has been reviewed by the County Administrative Office.

FINANCING

The total project cost estimate is $3,145,000.  Federal funds will cover 88.53%.  Adequate funds are included in the Proposed FY 2018/19 Roads budget.  There is no General Fund impact.