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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 10, 1993, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for Site Improvements,
Phase II, at 50 Douglas Drive, Martinez
Budget Line Item No. 4405-4351
Project No. 0928-WH351F
Bidder Total Amount Bond Amounts
O.C. Jones and Sons $195, 600. 00 Payment:
1520 Fourth Street $97,800.00
•Berkeley, CA 94710 Performance:
$195, 600. 00
Sarott Construction Co.
Clayton, CA
V & M Construction/Backhoe
Antioch, CA
Antioch Paving Co. , Inc.
Antioch, CA
Fanfa, Inc.
San Lorenzo, CA
The above-captioned project and the plans and specifications
therefor having been previously approved, Addendum No. 1 having been
issued and approved, and bids having been duly invited and received by
the Director of General Services on July 8, 1993 ; and
The Contract Compliance Officer having determined that the lowest
monetary bidder, Sarott Construction Co. ("Sarott") , has failed to meet
the MBE goal for this project (i.e. , 14%) and has failed to document an
adequate good faith effort to comply with said goal 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
Sarott 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
Sarott; and
Sarott having been notified in writing of the County
Administrator' s denial of the appeal and having indicated an intention
to appeal further to the Board of Supervisors; and
The Contract Compliance Officer having determined that the second
lowest monetary bidder, V & M Construction/Backhoe ("V & M") , 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
AWARD OF CONTRACT FOR SITE IMPROVEMENTS, August 10, 1993
PHASE II, AT 50 DOUGLAS DRIVE, MARTINEZ
V & M having been notified in writing of the Contract Compliance
Officer's determination and having failed to appeal it, as required by
the project specifications; and
The bidder listed first above, O.C. Jones and Sons ("Jones") ,
having submitted the lowest responsive and responsible bid, which is
$200. 00 less than the next lowest bid; and
The Contract Compliance Officer having reported that Jones has
attained MBE participation of 35.2% and WBE participation of 7.2%,
which exceeds 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 Director of General Services recommending that the bid
submitted by Jones 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 the lowest monetary bidder, Sarott, has
failed to meet the MBE goal 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
DETERMINES that said bid is non-responsive and REJECTS said bid on that
basis; and
The Board DENIES the appeal filed by Sarott; and
The Board FURTHER DETERMINES that the second lowest monetary
bidder, V & M, 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 has failed to appeal the Contract Compliance Officer's
determination, as required by the project specifications, and the Board
DETERMINES that said bid is non-responsive and REJECTS said bid on
those grounds; and
The Board FURTHER DETERMINES that Jones, as the lowest responsive
and responsible bidder, has met or exceeded 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 Jones 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 Director of General Services 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 Director of General Services has reviewed and found them to be
sufficient, the Director of General Services 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 Director of
General Services, any bid bonds posted by the bidders are to be
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AWARD OF CONTRACT FOR SITE IMPROVEMENTS, August 10, 1993
PHASE II, AT 50 DOUGLAS DRIVE, MARTINEZ
exonerated and any checks or cash submitted for security shall be
returned; and
The Board FURTHER ORDERS that the Director of General Services 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
Director of General Services or his designee; and
The Board DECLARES that, should the award of the contract to Jones
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) .
I hereby certify trial this is a true ana correct copy
an action taken and entabd on the minutes of the
Board of Supe � doWshown.
ATTESTED: r1O1An3
PHIL BATCHELOR,Clark of the Board
of SUPKVWM WW Adndnlab'awir
ear - .ot�a►
Orig. Dept: GS-Arch. Div.
cc: GS-Arch. Div.
County Administrator
Auditor-Controller
County Counsel
Sarott Construction (Via Arch. Div. )
V & M Construction/Backhoe (Via Arch. Div. )
O.C. Jones and Sons (Via Arch. Div. )
Surety (Via Arch. Div. )
Consultant (Via Arch. Div. )
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DATE: F-10 - c13
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