HomeMy WebLinkAbout005-2014RESOLUTION NO. 5-2014
AWARDING A CONSTRUCTION CONTRACT AND APPROPRIATING FUNDS
FOR THE CROW CANYON ROAD SOUND WALLS PROJECT, CIP NO. A -241
WHEREAS, the Danville Town Council has appropriated funding for the Crow Canyon
Road Sound Walls Project, CIP No. A -241 in the 2013/14 Capital Improvement Program;
and
WHEREAS, the Danville Town Council adopted a Draft Mitigated Negative Declaration of
Environmental Significance for the project according to Town Council Resolution
No. 2 -2013; and
WHEREAS, the Town Council adopted Resolution No. 83 -2013, rejecting previous bids
received for the project due to the large disparity between the Engineer's Estimate and the
responsive low -bid amount; and
WHEREAS, the Town Council adopted Resolution No. 89 -2013, accepting grants of
easement that will allow the walls to be constructed on private lands of the Crow Canyon
Country Club; and
WHEREAS, the plans and specifications for the subject project have been reviewed and
approved by the City Engineer; and
WHEREAS, the City Clerk of this Town did, in open session on the 21st day of January,
2014, publicly open and read aloud the sealed bids received as required by law; and
WHEREAS, the second apparent low bidder, Jim Freethy Excavating, Inc., submitted a bid
protest asserting that apparent low bidder, SCQ Construction, a division of Stevens Creek
Quarry, Inc., submitted a non - responsive bid; and
WHEREAS, upon review of all materials submitted by Freethy Excavating and SCQ
Construction, including all applicable statutes and case law, the Town has determined that
the bid from SCQ Construction is responsive, and that SCQ Construction is thus the low
responsive bidder; and
WHEREAS, a funding shortfall exists, and funds must be appropriated from Southern
Contra Costa JPA (SCC) Sub - Regional funds in the amount of $476,200 to fully fund the
project; now, therefore, be it
RESOLVED, by the Danville Town Council, that the Town Manager be and hereby is
authorized to execute, on behalf of the Town, a written contract with SCQ Construction for
$773,445 and authorize use of a 15% construction contingency of $116,017 for a total
construction budget of $889,462 for work in connection therewith, and the City Clerk is
hereby directed to attest same and affix thereto the official seal of the Town; and, be it
further
RESOLVED, by the Danville Town Council, that $476,200 in unappropriated SCC Sub -
Regional funds be appropriated to CIP A -241 in Fiscal Year 2013/14 to fully fund the
project; and, be it further
RESOLVED, that the City Clerk shall within five (5) days of the adoption of this resolution,
transmit an Extract of Public Works contract award to the Department of Industrial
Relations, Division of Apprenticeship Standards, P.O. Box 420603, San Francisco, CA 94142.
(Note: Should a finding of any discrepancy regarding this ratio of apprentices to
journeymen be made, the Town shall notify the Division of Apprenticeship Standards of
such findings.)
APPROVED by the Danville Town Council at a regular meeting on February 4, 2014, by
the following vote:
AYES: Storer, Doyle, Arnerich, Morgan, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
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CITY ATTORNEY
ATTEST:
CITY CLE
PAGE 2 OF RESOLUTION NO. 5-2014