Item F4 BOARD OF COUNTY COMMISSIONERS
AGENDA 'T SUMMARY
Meeting Irate: November 18, 2014 Division: County administrator
Baulk Item: Yes XX No Staff Contact Person:Don DeGraw/Pedro Mercado
AGENDA ITEM WORDING: approval to reject all bids and authorization to re-bid the Drainage
Corrective action Project Phase I.
ITEM BACKGROUND: The fey West International airport (KWIa) applied for and received a
grant for storm water drainage improvements at KWIA. The project was advertised and the bids were
originally opened on May 21, 2014. Only 2 bids were received and both exceeded the amount budgeted
for the project, therefore staff placed an agenda item before the BOCC wherein the board rejected both
bids and granted staff the authority to re-bid the project. Before going out to re-bid the scope of the
project was reduced in order to obtain bids within the allotted budget. The revised bid documents were
issued for advertisement and the bids for the revised project were opened on September 30, 2014. This
time three bids were received within budget. The loan bidder for the project was Charley Toppino
Sons, Inc. (Toppino); however Toppino failed to meet the DBE goal of 17.5%. Upon contact by the
Airport's Consultant Jacob's Engineering .... Toppino stated that they were self-performing all of the
work and the language of the bid documents only required DBE participation if the contractor was
employing stub-contractors. Toppino's pointed to paragraph 31 of the Instructions To Bidders which
states, 66T'here are 17,511 DBE Subcontractor goals for the FAA funding projects on this contract.
Should any DBE subcontractors be used on this contract, the subcontractor's name, address, type of
work performed and subcontract amount shall be reported as part of the project close-out
documentation .........................". Staff met with Toppino's and reviewed paragraph 31 of the
Instructions To Bidders. Because the language in the first sentence specifically refers to
"subcontractors" and the second sentence opens with the permissive "Should", staff agrees that the
instruction with regards to DBE is unclear and could be read to mean that the DBE goal does not have
to be met by a bidder if the bidder is self-performing all of the work and not sub-contracting any of the
work.
PREVIOUSE aNT BOCC ACTION: Previously rejected all bids at the June 6, 2014 regularly
scheduled meeting when the bids were all found to have exceeded the budget for the project. Fan
grant was accepted on September 27, 2013.
CONTRACT/AGREEMENT CH
Staff will revise the bid documents to clarify that the DBE goal is a requirement that has to be met
regardless of whether sub-contractors are used or not
., . . .,,.,_ ....._ ..�..... ..... . ......
STAFF RECOMMENDATIONS:
S:Approval
TOTAL COST: ® Yes XX No
REVENUE ® Yes No XX AMOUNT PER MONTH:
APPROVED BY: County Att OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required.......
DISPOSITION: AGENDA ITEM
Revised 2/05