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MINUTES - 09272011 - C.01
PDF Return C. 1 To: Board of Supervisors From: Julia R. Bueren, Public Works Director/Chief Engineer Date: September 27, 2011 Contra Costa County Subject:AWARD and AUTHORIZE Execution of a Contract for the Buchanan Field Airport Security Upgrades Project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/27/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:K. Emigh, (925) 313-2233 cc:J. Dowling, Construction J. Carlson, Construction I 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: September 27, 2011 David Twa, BY:Carrie Del Bonta , Deputy RECOMMENDATION(S): 1) APPROVE plans, specifications, and design for Project No. 4855-4690-SAS-6X5382. (2) DETERMINE that the bid submitted by Aztec Consultants, Inc. (“Aztec”), is non-responsive in that Aztec did not meet the requirements for Access Control System installation in the project specifications, as described in more detail in this Board Order, the attachments to it, and any oral or written information submitted to the Board, and REJECT Aztec’s bid on that basis. RECOMMENDATION(S): (CONT'D) (3) DETERMINE that the bid submitted by Electronic Innovations, Inc. (“EI”), exceeded the UDBE goal for this project and that EI submitted the lowest responsive and responsible bid for this project. (4) AWARD the construction contract for the above project to EI in the listed amount ($427,485.00) and the unit prices submitted in the bid and DIRECT that EI shall present two good and sufficient surety bonds as indicated below, and that the Director of Public Works, or designee, shall prepare the contract. (5) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted below 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, or designee, is authorized to sign the contract for this Board. (6) ORDER that, in accordance with the project specifications and/or upon signature of the contract by the Director of Public Works, or designee, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned. (7) ORDER that, the Director of Public Works, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300. (8) DELEGATE, pursuant to Public Contract Code Section 4114, to the Director of Public Works, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110. (9) DELEGATE, pursuant to Labor Code Section 6705, 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. (10) DECLARE that, should the award of the contract to EI 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 in this Board Order shall prevent the Board from re-awarding 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). FISCAL IMPACT: The construction contract and associated fees of this project will be funded by 100% Federal FAA AIP Funds. BACKGROUND: The above project was previously approved by the Board of Supervisors, plans and specifications were filed with the Board, and bids were invited by the Director of Public Works, and Addendum No. 1 was issued. On July 12, 2011 the Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT, BOND AMOUNTS Electronic Innovations, Inc. $427,485.00 Payment: $427,485.00 Performance Bond Amount: $427,485.00 Aztec Consultants, Inc. $419,801.00 Payment: $419,801.00 Performance Bond Amount: $419,801.00 The Board of Supervisors previously determined that the project is exempt from the California Environmental Quality Act as a Class II Exemption, and a Notice of Exemption was filed with the County Clerk on November 2, 2008. The general federal prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board, with copies to be made available to any party upon request. Aztec’s bid was thoroughly reviewed by Public Works staff, which investigated the subcontractors listed by Aztec, especially the key subcontractors responsible for installation of the Access Control System (“ACS”). Staff review included the certification and other information submitted by Aztec and the key subcontractors. From this review, staff determined that Aztec’s bid did not meet the letter or intent of the requirements for the ACS installation. Specifically, staff discovered the following deficiencies in Aztec’s bid: (1) The subcontractor performing most of the ACS installation (Dynamic Security Technologies, Inc. or “Dynamic”) has been in business for less than the required five years. (2) No documentation was submitted to show the two subcontractors proposed for the ACS installation (The Bowan Co. and Dynamic) have completed at least two projects of comparable size and complexity. (3) No certification was submitted to show The Bowan Co., which would perform part of the ACS installation, is a factory-certified installer of the products specified. (4) Aztec has not designated at least one certified installer trained by the manufacturer to handle the entire ACS installation. (5) The certification for Dynamic does not cover all ACS work (installation, installation supervision, start-up, availability testing, instruction, and training), especially since Dynamic is only installing a portion of the ACS system. Because of these deficiencies, staff concluded that Aztec’s bid is non-responsive. Aztec was notified in writing of the above bid deficiencies and the Director of Public Works’ determination that Aztec’s bid is non responsive (see attached copy). Thereafter, Aztec submitted a letter in response (see attached copy). After fully considering Aztec’s response, the Director of Public Works has upheld the original determination that Aztec’s bid is non-responsive. The Director of Public Works recommends that the Board reject the bid submitted by Aztec and award the contract to EI, the lowest responsive and responsible bidder for this project. CONSEQUENCE OF NEGATIVE ACTION: Construction of the Buchanan Field Airport Security Upgrades project would be delayed, and the project might not be built. CHILDREN'S IMPACT STATEMENT: Not applicable. AgendaQuick©2005 - 2021 Destiny Software Inc., All Rights Reserved