HomeMy WebLinkAboutMINUTES - 07091996 - C1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 9, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for Castro Ranch
Road Slide Repair Project, E1
Sobrante area
Project No. 0672-6R6209-95
Bidder Total Amount Bond Amounts
John M. Tyson $37,425. 00 Payment:
25 Tyson Court $18,712 . 50
El Sobrante, CA 94803 Performance:
$37,425. 00 .
Joe Carone, Inc.
Crockett, CA
Miller/Thompson Constructor
Richmond, CA
Wildcat Underground
Petaluma, CA
Siteworks Construction, Inc.
Lafayette, CA
Eugene G. Alves Construction Co.
Pittsburg, CA
Scharmer Company
Concord, CA
Alamo Engineering
Danville, CA
Durango Pipeline, Inc.
Livermore, CA
Fanfa, Inc.
San Lorenzo, CA
Bay Hawk, Inc.
Pinole, CA
NRA Construction Co.
Vallejo, 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 Director of Public Works on June 11, 1996;
and
The Contract Compliance Officer having reported that the lowest
monetary bidder, Robert W. Tyson Construction ("Robert Tyson") , has
attained DBE participation of 14 .45%, the Contract Compliance Officer
having determined that Robert Tyson has failed to meet the DBE goal for
this project (20%) and has failed to document an adequate good faith
effort to comply with said goal and the DBE requirements, as provided
in the project specifications, and the Contract Compliance Officer
recommending rejection of said bid; and
AWARD OF CONTRACT FOR THE CASTRO July 9, 1996
RANCH ROAD SLIDE REPAIR PROJECT,
EL SOBRANTE AREA
Robert Tyson having been notified in writing of the Contract
Compliance Officer's determination and having failed to appeal it, as
provided in the project specifications; and
The bidder listed first above, John M. Tyson ("John Tyson") ,
having submitted the lowest responsive and responsible bid, which is
$2, 355. 00 less than the next lowest bid; and
John Tyson having failed to sign and complete the last page of its
bid but having submitted a valid, signed bid bond with its bid and
having promptly cured the irregularity by signing and completing the
last page; and
The Contract Compliance Officer having reported that John Tyson
has attained DBE participation of 20. 33%, which exceeds the DBE goal
for this project (20%) ; and
The Director of Public Works recommending that the bid submitted
by John Tyson 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, Robert
Tyson, has failed to meet the DBE goal for this project, has failed to
document an adequate good faith effort to comply with the DBE goal and
the DBE requirements for this project and has failed to appeal the
Contract Compliance Officer's determination, as provided in the project
specifications, and the Board FURTHER DETERMINES that said bid is non-
responsive and REJECTS said bid on that basis; and
The Board WAIVES the following minor irregularity in John Tyson's
bid and FURTHER DETERMINES that a valid, signed bid bond was submitted
with the bid and that the irregularity has been promptly cured:
failure to sign and complete the last page of the bid; and
The Board FURTHER DETERMINES that John Tyson, as the lowest
responsive and responsible bidder, has exceeded the DBE goal (20%) and
has fully complied with the DBE requirements for this project, and the
Board FURTHER WAIVES any irregularities in such compliance; and
The Board ORDERS that the contract for the furnishing of labor and
materials for said work is awarded to John Tyson 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 Public Works 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 Public Works has reviewed and found them to be
sufficient, the Director of Public Works 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
Public Works, 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 Director of Public Works 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
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AWARD OF CONTRACT FOR THE CASTRO July 9, 1996
RANCH ROAD SLIDE REPAIR PROJECT,
EL SOBRANTE AREA
Pursuant to Public Contract Code Section 4114 , the Board DELEGATES
its functions under Public Contract Code Sections 4107 and 4110 to the
Director of Public Works or his designee; and
Pursuant to Labor Code Section 6705, the Board FURTHER DELEGATES
to the Director of Public Works or to any registered civil or
structural engineer employed by the County the authority to accept
detailed plans showing the design of shoring, bracing, sloping or other
provisions to be made for worker protection during trench excavation
covered by that section; and
The Board DECLARES that, should the award of the contract to John
Tyson 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) .
1 hereby oeBfy that this is a true and correct copy of
an action taken and entered on the minutes a, the
Board of Supervisors on the date
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Contact: Joseph P. Murphy, (510) 313-2321
Orig. Dept: PW-Const.
cc: Public Works Department
- Construction Division
- Accounting
County Counsel
Auditor-Controller
John M. Tyson (Via Const. Div. )
Robert W. Tyson Construction (Via Const. Div. )
Surety (Via Const. Div. )
S.B.E.
703 Market St.
San Francisco, CA 94103-1000
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