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Home My WebLink AboutMINUTES - 11051996 - C46 File: 135-9527B.4.4 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 5, 1996, by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None SUBJECT: Award of Contract for Security Fence Repair at West County Detention Facility, 5555 Giant Highway, Richmond Budget Item No. 4411-4120 Authorization No. 0928-WH 120F Bidder Total Amount Bond Amounts Golden Bay Fence Plus Iron Works, Inc. $61,106.00 Payment: $30,553.00 16480 Ashland Avenue Performance: $61,106.00 San Lorenzo, CA 94580 Arrow Fencing $55,702.00 Philo, California Central Fence Co. $61,950.00 San Jose, 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 October 10, 1996; and The Contract Compliance Officer having determined that the lowest monetary bidder, Arrow Fencing ("Arrow") has failed to meet the WBE goal for this project (i.e., 6%) and has failed to document an adequate good faith effort to comply with said goal 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 Arrow having been notified in writing of the Contract Compliance Officer's determination and not having appealed it, as required by the project specifications; and The bidder listed first above, Golden Bay Fence Plus Iron Works, Inc. ("Golden Bay"), having submitted the lowest responsive and responsible bid; and The Contract Compliance Officer having reported that Golden Bay has attained MBE participation of 89.0% and WBE participation of 11.0%, which exceeds the MBE and the WBE goals for this project and complies fully with requirements of County's Minority and Women Business Enterprise Program; and The Director of General Services recommending that the bid submitted by Golden Bay 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, Arrow, has failed to meet the WBE goal for this project and has failed to document an adequate good faith effort to comply with said goal and the requirements of the County's Minority and Women Business Enterprise Program, and has not appealed 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 Page 1 of 2 G, �G AWARD OF CONTRACT FOR 135-9527/B.4.4 SECURITY FENCE REPAIR AT WEST COUNTY November 5, 1996 DETENTION FACILITY, 5555 GIANT HIGHWAY, RICHMOND The Board FURTHER DETERMINES that Golden Bay, 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 project specifications and the requirements of the County's Minority and Women Business Enterprise Program; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Golden Bay 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 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 General Services or his designee; and The Board DECLARES that should the award of the contract to Golden Bay 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). Mteby am*total tMa b a tma and 0M ad wry an aonon taken end entered on the minuin p�a j pard Of 8upervtsore on the date shown. a 199(0 PHIL BATCHELOR,Clark of the at Supervlaofa and County Administrata Orig. Dept.- General Services Dept. - Architectural Division cc: General Services Dept. - Architectural. Division County Administrator Contract Compliance Officer Auditor-Controller County Counsel Arrow Fencing(Via Arch. Div.) Golden Bay Fence Plus Iron Works, Inc. (Via Arch. Div.) Surety (Via Arch. Div.) Consultant (Via Arch. Div.) Sheriff-Coroner's Office (Via Arch. Div.) 1127SO8B.WPD GBA Page 2 of 2 GENERAL SERVICES DEPARTMENT Architectural Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 (510) 313-7200 FAX (510) 313-7299 File: 135-9527/B.4.4 Date: October 23, 1996 TO: Board of Supervisors FROM: Barton J. Gilbert, Director of General Services SUBJECT: CONTRACT AWARD RECOMMENDATION; Agenda Date November 5, 1996 Authorization No. WH 120F Bids for Security Fence Repair at West County Detention Facility, 5555 Giant Highway, Richmond were received and opened at the County Architectural Division office on Thursday, October 10, 1996. The Contract Compliance Officer has determined that the apparent lowest bidder, Arrow Fencing, ("Arrow") failed to comply with goals and requirements of the County's Minority and Women Business Enterprise Program, and has recommended that the Board of Supervisors determine that Arrow's bid was not responsive and reject it. The Contract Compliance Officer has determined that the lowest responsive and responsible bidder who has met the requirements of the County's Minority and Women Business Enterprise Program was Golden Bay Fence Plus Iron Works, Inc. Consequently, it is recommended that the Board of Supervisors award the construction contract to Golden Bay Fence Plus Iron Works, Inc., of San Lorenzo, California, in the amount of$61,106.00. The cost estimate was $63,000.00. Bids received were as follows: Total Bid Arrow Fencing $55,702.00 Philo, California Golden Bay Fence Plus Iron Works, Inc. $61,106.00 San Lorenzo, California Central Fence Co. $61,950.00 San Jose, California 1I27SO7M.WPD GBAs Attachment cc: County Administrator's Office Clerk of the Board (w/bids) County Counsel Contract Compliance Officer Office of the County Administrator Contra Costa County Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (510) 335-1006 fax: (510) 646-1353 Memorandum Date : October 20, 1996 To: Board of Supervisors From: Emma Kuevor %As�/,� Contract Compliance Officer Subject : Security Fence Repair at West County Detention Facility This office has reviewed the bid and documentation of the good faith effort submitted by the three lowest bidders . The low bidder, Arrow Fencing, attained 16.18. Minority Business Enterprise (MBE) participation ($9, 014) and zero (0.) Women Business Enterprise (WBE) participation but did not submit adequate good faith effort ' documentation. The second bidder, Golden Bay Fence plus Iron Works, Inc . attained 89 . 00-o MBE participation ($54, 406) and 11 . 0. WBE participation ($6, 700) . Golden Bay Fence plus Iron Works, Inc. exceeded the 14. MBE and 6. WBE goals . My recommendation is to award to the second lowest bidder, Golden Bay Fence plus Iron Works, Inc. a:bdsecurity County AdministratorContra Board of Supervisors Jim Rogers Affirmative Action Office + 1st District Minority/Women Business Enterprise Costa Jeff smith Contract Compliance Program 2nd District County Gayle Bishop County Administration Building 3rd District 651 Pine Street,10th Floor sE__c Martinez,California 94553-1229 Mark DeSaulnier (510)646-4106 4th District 'f FAX: (510)646-1353 Tom Torlakson Phil Batchelor 5th District County Administrator ST'9 COL:�T� October 24, 1996 Via Fax and Certified Mail, Return Receipt Requested Arrow Fencing 13300 Estate Drive Philo, CA 95466 Re: Security Fence Repair at West County Detention Facility 555 Giant Highway, Richmond Our office has reviewed the bid and good faith effort documentation submitted by your firm. Your firm has attained Minority Business Enterprise(MBE) participation of 16.18% and Women Business Enterprise (WBE) participation of 0%. This does not meet the WBE goal for this project. In addition, the documentation submitted by your firm shows that you failed to do or adequately document the following steps set forth in Division E, Section 5 of the specifications: 1. You did not comply with the solicitation requirement in that you did not submit documentation(signed return receipts or fax machine log) showing that you solicited WBEs at least ten calendar days before bid opening and in that you failed to solicit at least three certified WBEs for the following selected items: Item WBEs Support Brackets 0 Concrete Piers & Footings 1 Trucking 0 Rebar 1 2. You did not follow up with 50% of the certified WBEs required to be solicited. 3. You did not request assistance ten calendar days prior to bid opening. Based upon our review, we have determined that your firm has not documented an adequate C, el6 "good faith effort" to meet the WBE goal and comply with the MBE/WBE specifications for this project. Therefore, we plan to recommend that your bid be deemed non-responsive for failure to comply with the MBE/WBE requirements and that the contract be awarded instead to the second lowest bidder, Golden Bay Fence plus Iron Works, 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 lth Floor, Martinez, CA 94553.. Your appeal must be received at that address no later than 5:00 p.m. on October 29, 1996 and must describe in detail all facts and arguments on which you rely. It is anticipated that the contract will be awarded at the Board of Supervisors meeting on Tuesday, November 5, 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: Barton J. Gilbert, General Services Director Gerald Bender, General Services Department, Architectural Division Victor J. Westman, County Counsel Golden Bay Fence plus Iron Works, Inc. EK:ek a:Securityfence CONTRA COSTA COUNTY BID REVIEW SUMMARY SHEET Date: October 18, 1996 Project Name: Security Fence Repair at West County Detention Facility 555 Giant Highway, Richmond Project Number: WPE 618 Prime Bidder Name : Arrow Fencing 13300 Estate Drive Philo, CA 95466 (707) 895-2534 Chris Woida Bid Due Date: October 10, 1996 Bidders Amount of Total Contract: $55, 702 Planned County Project Goal : MBE 140 WBE 60 Amount Percentage Bidders Goals : MBE $9, 014 16 . 180 WBE $0 Oo MBE/WBE Participation: Type of Company MBE WBE Business Amount Percentage Salinas Rein- forcing Hispanic supplier $4, 874 8 .75% (100%) Kustum Steel Hispanic supplier $4,140 , 7 .430 (100%) Approved by: Emma Kuevor Contract Compliance Officer of CONTRA COSTA COUNTY BID REVIEW SUMMARY SHEET Date: October 20, 1996 Project Name : Security Fence Repair At West County Detention Facility 555 Giant Highway, Richmond Project Number: WPE 618 Prime Bidder Name: Golden Bay Fence plus Iron Works, Inc 16480 Ashland Avenue San Lorenzo, CA 94580 (510) 276-5551 (510) 276-5561 Fax Tavbette Askew Bid Due Date: October 10, 1996 Bidders Amount of Total Contract : $61, 106 Planned County Project Goal : MBE 140 WBE 60 Amount Percentage Bidders Goals : MBE $54, 406 89 . O0-o WBE $ 6, 700 11 . 00 MBE/WBE Participation: Type of Companx MBE/WBE Business Amount Percentage Golden Bay Hispanic Fence $54,406 89 . 0% Fence Plus Iron Works Cal Safety, Inc. Female Concrete $6,700 11. 0% Approved By Emma Kuevor Contract Compliance Officer a:goldbfence V W � O 0m(A � a co pwa � � � m n O z a m 0 ; -4 v xC0 wn ZAZ 0 M co.AO � --� 0 n zn ° ° � � 5m � aim Z; 0) O r xxm mix m .x—i � rr- 1 �' = gip M � n � � m nam m � z � 7CD m xWm ZOZ > zz nm92 Zy •< p CO) v nom � Dm apZ O m 'n O to S y � < 407aG) a z m D O � z0 Mm m m z p c c o� z Z D mD m r Q m cIn � o o In a, m m p s0. m z W m m 'v a s vim' 6� ##� J 'mw (A M � G m, m 0 v N c o Z CD � v m m z a O Z i m N N Cn to 3 O z m --� •• x G1 x w a0 o M o � x 0 z v 0 m n z � o w I~ co O N