HomeMy WebLinkAboutMINUTES - 10051993 - 1.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 5, 1993 , by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for Walnut Boulevard
at Marsh Creek Road and Walnut Boulevard/
Vasco Road at Camino Diablo Traffic Signals
Project in the Byron area
Project Nos. 0662-6R4227-93 and 0662-6R4228-93
Bidder Total Amount Bond Amounts
Wingard Engineering $176,771.00 Payment:
P.O. Box 220 $88, 385.50
Byron, CA 94514 Performance:
$176, 771. 00
B. Cantarutti Electric iCo.
Novato, CA
Steiny and Co. , Inc.
Vallejo, CA
. St. Francis Electric
Hayward, CA
Richard A. Heaps Electrical
Sacramento, CA
Contra Costa Electric, Inc.
Martinez, 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 September 14,
1993; and
The Contract Compliance Officer having determined that the lowest
monetary bidder, Anaconda Engineering & Construction Co. , Inc.
("Anaconda") , 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 requirements of the County's Minority and Women
Business Enterprise Program, as required by the project specifications,
and the Contract Compliance Officer recommending rejection of said bid;
and
Anaconda having been notified in writing of the Contract
Compliance Officer's determination and having failed to appeal it, as
required by the project specifications; and
The bidder listed first above ("Wingard") having submitted the
lowest responsive and responsible bid, which is $6,229. 00 less than the
next lowest bid; and
The Contract Compliance Officer having reported that Wingard has
attained MBE participation of 15.5% and WBE participation of 1. 1%,
which exceeds the MBE goal for this project (i.e. , 14%) , and the Board
having considered Wingard's documentation of good faith effort to
comply with the WBE goal for this project (i.e. , 6%) and the
requirements of the County's Minority and Women Business Enterprise
Program; and
i
AWARD OF CONTRACT FOR WALNUT BOULEVARD October 5, 1993
AT MARSH CREEK ROAD AND WALNUT BOULEVARD/
VASCO ROAD AT CAMINO DIABLO TRAFFIC SIGNALS
PROJECT, BYRON AREA
The Director of Public Works recommending that the bid submitted
by Wingard 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, Anaconda,
has failed to meet the MBE and WBE goals for this project, has failed
to document an adequate good faith effort and has otherwise failed to
comply with the specifications for this project and with the
requirements of the County's Minority and Women Business Enterprise
Program, and has failed to appeal the Contract Compliance Officer's
determination, as required by the project specifications, and the Board
DETERMINES that said bid is non-responsive and REJECTS said bid on
those grounds; and
The Board FURTHER DETERMINES that Wingard, as the lowest
responsive and responsible bidder, has met or exceeded the MBE goal for
this project (i.e. , 14%) and has demonstrated a good faith effort,
pursuant to Public Contract Code Section 2000 and the specifications
for this project, to comply with the WBE goal for this project (i.e. ,
6%) and the requirements of the County's Minority and Women Business
Enterprise Program, 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 Wingard 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
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
The Board DECLARES that, should the award 'of the contract to
Wingard 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,
-2-
AWARD OF CONTRACT FOR WALNUT BOULEVARD October 5, 1993
AT MARSH CREEK ROAD AND WALNUT BOULEVARD/
VASCO ROAD AT CAMINO DIABLO TRAFFIC SIGNALS
PROJECT, BYRON AREA
refuses to sign the contract or fails to furnish required bonds or
insurance (see Public Contract Code Sections 5100-5107) .
nereny certify that tnr9 is H true ana correct wvy 21
an action taken and entered on the minutes of ttte
Board of Supervisors on the date shown,
ATTESTED: 0AA---k 5t 19 9 3 _
PHIL BATCHELOR,Cleric of the Board
of SupeMeom and AdralnwUmor
BI► . ,Deputy
Orig. Dept: PW-Const.
cc: County Administrator
Auditor-Controller
Public Works-Design
Accounting
R. Bruno
Anaconda Engineering & Construction Co. , Inc. (Via
Const. Div. )
Wingard Engineering (Via Const. Div. )
Surety- (Via Const. Div. )
F6.. �ounSe�
-3-