HomeMy WebLinkAboutMINUTES - 08121997 - C75 File: 135-9701B.4.4
THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 12, 1997, by the following vote:
AYES: Supervisors Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: Supervisor DeSaulnier
SUBJECT: Award of Contract for Waterproofing Exterior Walls at West County Detention
Facility, 5555 Giant Highway, Richmond
Budget Item No. 4411-4120
Authorization No. 0929-WH120B
Bidder Total Amount Bond Amounts
Aqua Proof, Inc. $103,630.00, including Payment: $51,815.00
2021 Las Positas Ct, #153 $99,400.00 Base Bid, Performance: $103,630.00
Livermore, CA 94550 $1,980.00 Add. Alt. No. 2
$2,250.00 Add. Alt. No. 3
S. K. Painting Co.
Fresno, California
St. John Roofing, Inc.
Napa, California
The above-captioned project and the 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 24, 1997; and
The Director of General Services having determined that the lowest monetary bidder, S. K.
Painting Co. ("SK") submitted a bid which was non-responsive in that it did not have the license
classification specified in the Notice to Contractors, and the Contract Compliance Officer having
determined that SK has failed to meet the Tv/WBE goals for this project (14% and 6%) and has failed
to document an adequate good faith effort to comply with the TV/WBE goals and requirements for this
project, and the Director of General Services and the Contract Compliance Officer recommending
rejection of said bid; and
SK having been notified in writing of the Contract Compliance Officer's determination,
SK having appealed the determination to the County Administrator, and SK's appeal having been
denied; and
The Contract Compliance Officer having reported that the second lowest monetary bidder,
Aqua Proof, Inc. ("Aqua"), has attained MBE participation of 14.9% and WBE participation of 14.9%,
which exceeds the MBE and the WBE goals for this project and complies fully with the M/WBE
requirements for this project; and
The Director of General Services recommending that the bid submitted by Aqua 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, SK, does not have the
required license classification, has failed to comply with the M/WBE goals and requirements for this
project, and the Board DETERMINES that said bid is non-responsive and REJECTS said bid on
those grounds; and
The Board OVERRULES and DENIES the appeal filed by SK;
The Board FURTHER DETERMINES that Aqua, 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 M/WBE requirements for this project; and
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AWARD OF CONTRACT FOR 135-9701B.4.4
WATERPROOFING EXTERIOR WALLS AT August 12, 1997
WESYCOUNTY DETENTION FACILITY,
5555 GIANT HIGHWAY, RICHMOND
The Board ORDERS that the contract for the furnishing of labor and materials for said
work is awarded to Aqua at the listed amount 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 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 contract, 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 Aqua 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).
B hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED
PHIL 8ATCqtL0R,Clerk o the board
of SupervISOM and County AdminISUaW
8!► _ 1 DePu<Y
Orig. Dept.- General Services Dept. - Architectural Division
cc: General Services Dept. - Architectural. Division
County Administrator
Contract Compliance Officer
Auditor-Controller
County Counsel
S K Painting Co. (Via Arch. Did.)
Aqua Proof, Inc. (Via Arch. Did.)
Surety(Via Arch. Did.)
Sheriff-Coroner(Via Arch. Did.)
File: 135-9701/A.5
HA1997\1359701\7I00117B.WPD
GB:tb:ls 8/6/97
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