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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, AS THE GOVERNING
BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
Adopted this Order on August 9, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for Drainage Area
13, Line C-1 Project in the Alamo
area
Project No. 7552-6D8488-93
Bidder Total Amount Bond Amounts
Siteworks Const. Co. $48,270. 18 Payment:
P.O. Box 1324 $24, 135.09
Lafayette, CA 94549 Performance:
$48,270. 18 .
M & G Construction
Larkspur, CA
Manuel C. Jardim, Inc.
Union City, CA
JMB Construction
San Francisco, CA
JSJ Pipeline Co.
Hayward, 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 Chief Engineer; and
The Contract Compliance Officer having determined that the lowest
monetary bidder, M & G Construction ("M & G") , has failed to meet the
minority business enterprise (MBE) and women business enterprise (WBE)
goals for this project 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
M & G having been notified of the Contract Compliance Officer's
determination and having filed a written appeal with the County
Administrator, as provided in the project specifications; and
The County Administrator having denied the appeal filed by M & G
and having notified M & G in writing of such denial; and
The bidder listed first above ("Siteworks") having submitted the
lowest responsive and responsible bid, which is $882 .82 less than the
next lowest bid; and
The Contract Compliance Officer having reported that Siteworks has
attained MBE participation of 94. 0% and WBE participation of 6.4%,
which exceeds the MBE and WBE goals for this project (i.e. , 14% and
6%) ; and
s
AWARD OF CONTRACT FOR DRAINAGE AREA August 9, 1994
13, LINE C-1 PROJECT, ALAMO AREA
The Chief Engineer recommending that the bid submitted by
Siteworks 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, M & G, has
failed to meet the MBE and WBE goals for this project, has failed to
document an adequate good faith effort and has otherwise 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 CONFIRMS denial of the appeal filed by M & G; and
The Board FURTHER DETERMINES that Siteworks, as the lowest
responsive and responsible bidder, has exceeded the MBE and WBE goals
for this project; and
The Board ORDERS that the contract for the furnishing of labor and
materials for said work is awarded to Siteworks 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 Chief Engineer 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 Chief Engineer has reviewed and found them to be sufficient, the
Chief Engineer 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 Chief
Engineer, 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 Chief Engineer 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
Chief Engineer or his designee; and
The Board DECLARES that, should the award of the contract to
Siteworks 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) .
Orig. Dept: PW-Const.
cc: County Administrator
Auditor-Controller
Public Works-Design
Accounting
R. Bruno
Siteworks Const. Co. (Via Const. Div. )
M & G Construction (Via Const. Div. )
Surety (Via Const. Div. )
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
—2— Board of Supervisoq�on the d to shown y
ATTESTED:�. ,�c
PHIL BATCHELO ,Clerk of the Board
of Supervisors and unty Administrator
ey. ,Deputy