The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08061996 - C10 a,is THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 6, 1996, by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Award of Contract for San Pablo Avenue Path and Shamrock Drive Signal Project, Richmond area Project No. 0662-6R4187-95 and 0662-6U4169-92 Bidder Total Amount Bond Amounts Richard A. Heaps Elec. Contr. , Inc. $115,441. 00 Payment: 8909 Florin Road $57,720.50 Sacramento, CA 95829 Performance: $115,441. 00 Steiny and Company, Inc. Vallejo, CA NRA Construction Co. , Inc. 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 July 9, 1996; and The Contract Compliance Officer having reported that the lowest monetary bidder, Hertz Electrical Contractors ("Hertz") , has attained MBE participation of 0% and WBE participation of 0%, the Contract Compliance Officer having determined that Hertz has failed to meet the MBE and WBE goals for this project (14% and 6%) and has failed to document an adequate good faith effort to comply with said goals and the M/WBE requirements for this project, and the Contract Compliance Officer recommending rejection of said bid; and Hertz having been notified in writing of the Contract Compliance Officer's determination, having appealed it to the .County Administrator, as provided in the project specifications, and the County Administrator having denied Hertz 's appeal; and The bidder listed first above, Richard A. Heaps Electrical Contractor, Inc. ("Heaps") , having submitted the lowest responsive and responsible bid, which is $11, 975. 12 less than the next lowest bid; and The Contract Compliance Officer having reported that Heaps has attained MBE participation of 20. 0% and WBE participation of 14. 1%, which exceeds the MBE and WBE goals for this project (14% and 6%) ; and The Director of Public Works recommending that the bid submitted by Heaps 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, Hertz, has failed to meet the MBE and WBE goals for this project and has failed to document an adequate good faith effort to comply with said goals and the M/WBE requirements for this project, and the Board FURTHER DETERMINES that said bid is non-responsive and REJECTS said bid on that basis; and C .�o AWARD OF CONTRACT FOR THE SAN PABLO AVENUE August 6, 1996 PATH AND SHAMROCK DRIVE SIGNAL PROJECT, RICHMOND AREA The Board DENIES the appeal filed by Hertz; and The Board FURTHER DETERMINES that Heaps, as the lowest responsive and responsible bidder, has complied with the MBE and WBE goals and requirements for this project, and the Board 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 Heaps 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 Public Contract Code Section 22300; 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 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 Heaps 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) . Contact: Joseph P. Murphy, (510) 313-2321 1 hem"aAh►eMl ft ft a boa and ean" d Orig. Dept: PW-Const. euro of woon MWa� � ATrD PM BA Clark On board cc: Public Works Department of aro - Construction Division - Accounting �► County Counsel Auditor-Controller Richard A. Heaps Elec. Contr. , Inc. (Via Const. Div. ) Hertz Electrical Contractors (Via Const. Div. ) Surety (Via Const. Div. ) S.B.E. , 703 Market St. , San Francisco, CA 94103-1000 -2- Office of the County Administrator Contra Costa County Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (510) 646-4106 fax: (510) 646-1353 Memorandum Date : July 15 , 1996 To: Board of Supervisors l� From: Emma Kuevorl7�/ Contract Compliance Officer Subject : San Pablo Avenue Path & Shamrock Drive Signal Modifications Project This office has reviewed the bid and documentation of the good faith effort submitted by the three lowest bidders . The low bidder, Hertz Electrical Contractors attained 00 MBE and WBE participation and did not submit adequate 'good faith effort , documentation. The second bidder, Richard A. Heaps Electrical Contractor, Inc. met the MBE 140-. and WBE 60 goals . Richard A. Heaps Electrical Contractor, Inc. attained 19 . 98% MBE participation and 14 . 10 WBE participation. My recommendation is to award to the second lowest bidder, Richard A. Heaps Electrical Contractor, Inc. a: spaheaps County AdministratorContra Board of Supervisors Jim Rogers Affirmative Action OfficeCosta tst District Minority/Women Business Enterprise Jeff Smith Contract Compliance ProgramCQu my 2nd District Gayle Bishop County Administration Building 3rd District 651 Pine Street, 10th Floorse s F` Martinez,California 94553-1229 �- _r' =t--_o Mark DeSaulnier (510)646-4106 " = 4th District FAX: (510)646-1353 Tom Torlakson :< 5th District Phil Batchelor County Administrator �O July 25, 1996 Via Fax and Certified Mail, Return Receipt Requested Hertz Electrical Contractors 1611 Telegraph Avenue, Suite 301 Oakland, CA 94612 Re: San Pablo Avenue Path and Shamrock Drive Signal Modifications Project Our office has reviewed the bid and good faith effort documentation submitted by your firm. According to our review, your firm has attained MBE participation of 0% and WBE participation of 0%. This does not meet the MBE(14%) or WBE(6%)goal for this project. In addition, you failed to submit any documentation of good faith effort, thus failing to comply with the good faith effort requirements set forth in Section 3-1.05A of the Special Provisions. Based upon our review, we have determined that your firm did not meet the M/WBE goals and did not document an adequate good faith effort to comply with the M/WBE goals and requirements for this project. Therefore, we plan to recommend that your bid be deemed non- responsive for failure to comply with the M/WBE requirements and that the contract be awarded instead to the second lowest bidder, Richard A. Heaps Electrical Contractor, Inc. Should you disagree with our determination, you may appeal it in writing to the County Administrator, c/o County Administrator's Office, 651 Pine Street, 1 Ith floor, Martinez, CA 94553. Your appeal must be received at that address no later than 5:00 p.m. on July 31, 1996, and must describe in detail all facts and arguments on which your rely. It is anticipated that the contract will be awarded at the Board of Supervisors meeting on Tuesday August 6, 1996, which begins at 9:30 a.m. If you wish, you may appear at the Board meeting to comment on this matter. Any comments to the Board will be limited to the facts and arguments set forth in your appeal. Very truly yours, Emma Kuevor Contract Compliance Officer cc: J. Michael Walford, Public Works Director Attn: Jackie James Victor J. Westman, County Counsel Richard A. Heaps Electrical Contractor, Inc. a:bdspasham cotkvde-oot e1/0 CONTRA COSTA COUNTY BID REVIEW SUMMARY SHEET Date: July 15, 1996 Project Name: San Pablo Avenue Path & Shamrock Drive Signal Modifications Project Number: 0662-6R4187-95 (Path) 0662-6U4169-92 (Signal) Prime Bidder Name: Richard A. Heaps Electrical Contractor, Inc . 8909 Florin Road Sacramento, CA 95829 (916) 386-8857 Jim Paxin Bid Due Date : July 9, 1996 Bidders Amount of Total Contract : $115, 441 Planned County Project Goal : MBE 140 WBE 60 Amount Percentage Bidders Goals : MBE $23 , 080 19 . 98 or 200 WBE $16 , 290 14 . 10 MBE/WBE Participation Type of Company MBE/WBE Business Amount Percentage Diaz Corp Hispanic Signing $6, 790 5 . 88% Campbell , CA Rose Supply Native Amer Electric $16, 290 14 . 10 Woman Approved by: Emma Kuevor Contract Compliance Officer a: spapheaps CONTRA COSTA COUNTY BID REVIEW SUMMARY SHEET Date: July 15, 1996 Project Name: San Pablo Avenue Path & Shamrock Drive Signal Project Project Number: 0662-6R4187-95 (Path) 0662-6U4169-92 (Signal) Prime Bidder Name : Hertz Electrical Contractors 1611 Telegraph Avenue, Suite 301 Oakland, CA 94612 (510) 45176044 Edmond Agbemadon (ABE) Bid Due Date: July 9, 1996 Bidders Amount of Total Contract : $99, 454 Planned County Project Goal : MBE 140 WBE 60 Amount Percentage Bidders Goals : MBE $0 00s WBE $0 Oo MBE/WBE Participation: Type of Company MBE/WBE Business Amount Percentage 1 j Approved by: Emma Kuevor Contract Compliance Officer MBE/WBE CONTRACT COMPLIANCE PROGRAM GOOD FAITH EFFORT SUMMARY Date: July 15, 1996 Project : San Pablo Avenue Path & Shamrock Drive Signal Modifications Project Number: 6R4187 (Path) 6U4169 (Signal) Bid Date: July 9, 1996 Bidder: Hertz Electrical Contractors No Documentation Submitted a. Did bidder attend any pre-bid or pre-solicitation meeting scheduled by the County for the Project, or, within one year preceding the bid opening attend one or more pre-solicitation or pre-bid meeting scheduled by the County for other projects or workshops given by the County on its MBE/WBE Program? Pre-Bid Meeting Date: Workshop Date : Attended: b. Did bidder identify, list and select specific items to be performed by MBEs or WBEs? C . Did bidder advertise not less than ten (10) calendar days prior to bid opening date in one or more daily or weekly newspapers, trade association publications, trade journals or other media such as the Daily Pacific Builder, the Daily Construction Service or the Small Business Exchange? d. Did bidder send by certified mail or facsimile (fax) written notices not less than ten (10) calendar days prior to bid opening of the bidders interest in bidding on the contract to at least three (3) certified MBEs and three (3) certified WBEs qualified to provide items identified in B above? In the letters did bidder provide: 2 (1) bid opening date: (2) a description of the entire project : (3) bidder' s bond requirements : (4) list of items to be subcontracted: (5) engineers/architects estimate of the entire project : (6) days in contract and other pertinent information? e. Did bidder follow up initial solicitation of interest by contracting at least fifty percent (500) of the certified MBEs and WBEs that were notified to determine with certainty whether they were interested in performing specific items of the project? f . Dido bidder provide interested MBEs and WBEs with information about the plans, specifications and requirements for selected subcontracting work? g. Did bidder at least ten (10) calendar days prior to bid opening request by certified mail or facsimile (fax) assistance from at least one (1) of the following: minority and women community organizations; minority and contractors groups ; local, state and federal minority and women business assistance offices (including Public Works, General Services and/or Affirmative Action Office) ; certifying agencies acceptable to the County; or other organizations that provide assistance in placement of MBEs or WBEs? h. Did bidder negotiate in good faith with MBEs or WBEs and not unjustifiably reject as unsatisfactory bids prepared by MBEs or WBEs as determined by the County? i . Did bidder where applicable advise and make efforts to assist interested MBEs and WBEs in obtaining bonds, lines of credit or insurance required by the County or bidder? Conclusion: Does reviewer feel that bidders efforts to obtain MBE/WBE participation could reasonably be expected to produce a level of participation to meet the County' s goals? No, because Hertz did not submit good faith effort ' documentation. Approved B �' �~ PP Y' Emma Kuevor Contract Compliance Officer A:\spahertz 3