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HomeMy WebLinkAboutMINUTES - 08121997 - C18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, AS GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 9 Adopted this Order on August 12, 1997, by the following vote: AYES: Supervisors Uilkema, Gerber, Canciamilla, Rogers NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None SUBJECT: Award of Contract for Livorna Road Bridge Water Main Relocation (Alternative "B") , Alamo area Project No. 7520-6B8562-95 Bidder Total Amount Bond Amounts Hess Concrete Const. Co. , Inc. $155,420. 00 Payment: 4484 Hess Dr. (Alternative "B") $77,710.00 American Canyon, CA 94589 Performance: $155,420. 00 California Trenchless, Inc. Castro Valley, CA Pfister Excavating, 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 Chief Engineer on July 22, 1997; and The Contract Compliance Officer having reported that the lowest monetary bidder, D. E. Bianchini, Inc. ("Bianchini") , 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, as provided in the project specifications, and the Contract Compliance Officer recommending rejection of said bid; and Bianchini 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 Bianchini's appeal; . and The bidder listed first above, Hess Concrete Construction Co. , Inc. ("Hess") , having submitted the lowest responsive and responsible bid, which is $11, 380. 00 less than the next lowest bid; and The Contract Compliance Officer having reported that Hess has attained MBE participation of 10.8% and WBE participation of 10.8%, and the Board having considered the documentation of good faith effort submitted by Hess; and The Chief Engineer recommending that the bid submitted by Hess 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, Bianchini, 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 1 AWARD OF CONTRACT FOR LIVORNA ROAD August 12 , 1997 BRIDGE WATER MAIN REPLACEMENT (ALTERNATIVE "B") , ALAMO AREA The Board DENIES the appeal filed by Bianchini; and The Board FURTHER DETERMINES that Hess, as the lowest responsive and responsible bidder, has exceeded the WBE goal for this project (i.e. , 6%) and has documented an adequate good faith effort, pursuant to the specifications for this project, to comply with the MBE goal (i.e. , 14%) 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 Hess at the listed amount and at the unit prices submitted in said bid (Alternative "B") , 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 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 Chief Engineer or his designee; and Pursuant to Labor Code Section 6705, the Board FURTHER DELEGATES to the Chief Engineer or to any registered civil or structural engineer employed by the District 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 Hess 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 Orig. Dept: PW-Const. cc: Public Works Department - Construction Division - Accounting County Counsel Auditor-Controller -2- AWARD OF CONTRACT FOR LIVORNA ROAD August 12, 1997 BRIDGE WATER MAIN REPLACEMENT (ALTERNATIVE "B") , ALAMO AREA Hess Concrete Const. Co. , Inc. (Via Const. Div. ) D. E. Bianchini, Inc. (Via Const. Div. ) Surety (Via Const. Div. ) S.B.E. 703 Market St. San Francisco, CA 94103-1000 I hweby am*Md thfa b a true and=redor ae action taken and entered on the minutas a {M Board of S L—Ill on Mg date shown. ATTESTED PHIL BATCHELOR,Clerk oethe boa of Supervisors and County Administrator a fUpoq -3-