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Home My WebLink AboutMINUTES - 07271993 - 1.6 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 27, 1993 , by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Award of Contract for Removal of Asbestos- Containing Materials Impacted by Demolition/ Renovation of the Old Paint Shop, and G, H, and L Wards at Merrithew Memorial Hospital, 2500 Alhambra Avenue, Martinez Budget Line Item No. 6971-4580 Authorization No. 0928-WH580B Bidder Total Amount Bond Amounts Montgomery Environmental Const. $48, 190. 05 Payment: 2305 Sagittarius $24, 095. 03 Reno, NV 89509 Performance: $48, 190. 05 Western Abatement, Inc. Novato, CA CST Environmental, Inc. San Leandro, CA Warren Construction Quincy, CA Advance Installations, Inc. of Calif. Sparks, NV Performance Abatement Services of Calif. , Inc. North Highlands, CA Pacific Environmental Control, Inc. San Ramon, CA Restec Contractors, Inc. Hayward, CA R. E. Williams & Sons, Inc. Torrance, CA The above-captioned project and the plans and specifications therefor having been previously approved, and bids having been duly invited and received by the County Administrator; and The Contract Compliance Officer having determined that the lowest monetary bidder, Western Abatement, Inc. ("Western") , has failed to meet the MBE and .WBE goals for this project (i.e. , 14% and 6% respectively) and has failed to document an adequate good faith effort to comply with said goals and the requirements of the County's Minority and Women Business Enterprise Program, as required by the project specifications, and the Contract Compliance Officer recommending rejection of said bid; and Western having been notified in writing of the Contract Compliance Officer's determination and having appealed it to the County Administrator, as required by the project specifications, and the County Administrator having reviewed and denied the appeal filed by Western, and the County Administrator having notified Western in writing of such denial; and Western having filed a written bid protest, and the Board having reviewed and considered the protest; and AWARD OF CONTRACT FOR REMOVAL OF ASBESTOS- July 27, 1993 CONTAINING MATERIALS IMPACTED BY DEMOLITION/ RENOVATION OF THE OLD PAINT SHOP, AND G, H, AND L WARDS AT MERRITHEW MEMORIAL HOSPITAL, 2500 ALHAMBRA AVENUE, MARTINEZ The bidder listed first above, Montgomery Environmental Construction ("Montgomery") , having submitted the lowest responsive and responsible bid, which is $15, 659.95 less than the next lowest bid; and The Contract Compliance Officer having reported that Montgomery has attained MBE participation of 14 . 0% and WBE participation of 6. 0%, which meets the MBE and WBE goals for this project and complies fully with the requirements of the County's Minority and Women Business Enterprise Program; and The County Administrator recommending that the bid submitted by Montgomery is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: The Board DETERMINES that Western has failed to meet the MBE and WBE goals for this project, has failed to document an adequate good faith effort and has failed to comply with the specifications for this project and with the requirements of the County's Minority and Women Business Enterprise Program, and the Board FURTHER DETERMINES that said bid is non-responsive and REJECTS said bid on that basis; and The Board CONFIRMS denial of the appeal filed by Western and OVERRULES the bid protest filed by Western; and The Board FURTHER DETERMINES that Montgomery, as the lowest responsive and responsible bidder, has met the MBE and WBE goals for this project (i.e. , 14% and 6% respectively) and has otherwise complied with the project specifications and the requirements of the County's Minority and Women Business Enterprise Program; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Montgomery at the listed amount and at the unit prices submitted in said bid, and that said contractor shall present two good and sufficient surety bonds as indicated above, and that the County Administrator shall prepare the contract therefor; and The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together with the bonds as noted above and any required certificates of insurance or other required documents, and the County Administrator has reviewed and found them to be sufficient, the County Administrator or his designee is authorized to sign the contract for this Board; and The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the County Administrator or his designee, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned; and The Board FURTHER ORDERS that the County Administrator or his designee is authorized to sign any escrow agreements prepared for this project to permit the substitution of securities for moneys withheld by the County to ensure performance under the contact, pursuant to Section 22300 of the Public Contract Code; and Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the County Administrator or his designee; and -2- .9 AWARD OF CONTRACT FOR REMOVAL OF ASBESTOS- July 27, 1993 CONTAINING MATERIALS IMPACTED BY DEMOLITION/ RENOVATION OF THE OLD PAINT SHOP, AND G, H, AND L WARDS AT MERRITHEW MEMORIAL HOSPITAL, 2500 ALHAMBRA AVENUE, MARTINEZ The Board DECLARES that, should the award of the contract to Montgomery be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from reawarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107) . t hereby certify that this is it true ano :orrecr copy D' an action taken and entefed on the minutes ;f tf1P 3oard of Supen�p►a QQ tpP shown. ATTESTED: JUS (� 1 - 3 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By ,Deputy Orig. Dept: County Administrator cc: CAO - D. Bell O'Brien Kreitzberg - J. Campbell, Project Mgr. Auditor-Controller County Counsel Western Abatement, Inc. (Via CAO) Montgomery Environmental Construction (Via CAO) Surety (Via CAO) Architect (Via CAO) -3-