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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-368 File: 125-0101/B.4.4 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 9,2002 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/368 SUBJECT: Award of Contract for the West Contra Costa County Animal Shelter, San Pablo Avenue and Sunnyview Drive, Pinole for the Animal Services Department Budget Line Item No. 4417-4473 Authorization No. 0928-WH473B Bidder Total Amount Bond Amounts Robert L. Brown Construction, .Inc. $1,272,500.00 Payment: $1,272,500.00 950 Detroit Avenue, Suite 2B (Base Bid only) Performance: $1,272,500.00 Concord, California 94518 McNely Construction Company San Leandro, CA Pacific Bay Construction Martinez, CA Albay Construction Company Martinez, CA The above-captioned project and the plans and specifications therefore having been previously approved;Addenda No. 1 and No.2 having been issued and approved,and bids having been duly invited and received by the Director of General Services on March 21, 2002; and The Director of General Services having determined that the lowest monetary bidder, McNely Construction("McNely"),submitted a bid that was non-responsive,in that no bid amount was shown for Additive Alternate No. 1, as required by the bid documents, and the Director of General Services recommending rejection ofMcNely's bid; and The Contract Compliance Officer having reported that the second lowest monetary bidder, Pacific Bay Construction ("Pacific Bay"), did not document an adequate good faith effort to comply with the County's Outreach Program, as provided in Division E of the project specifications, and the Contract Compliance Officer recommending rejection of Pacific Bay's bid; and Pacific Bay having been notified in writing of the Contract Compliance Officer's determination, having appealed it to the County Administrator, and the County Administrator having denied Pacific Bay's appeal; and The bidder listed first above, Robert L. Brown Construction, Inc. ("Brown"), having submitted the lowest responsive and responsible bid,which is$140,500.00 less than the next lowest bid; and The Contract Compliance Officer having reported that Brown has documented an adequate good faith effort to comply with the County's Outreach Program, as provided in Division E of the project specifications; and The Director of General Services recommending that the bid submitted by Brown is the lowest responsive and responsible bid, and this Board concurring and so finding; HXONTRACnWest Contra Costa County Animal Shelter.doc LR:sc AWARD OF CONTRACT FOR THE WEST CONTRA COSTA 125-0101/13.4.4 COUNTY ANIMAL SHELTER, SAN PABLO AVENUE July 9, 2002 AND SUNNYVIEW DRIVE, PINOLE NOW,THEREFORE,the Board resolves as follows: The Board DETERMINES that the bid submitted by McNely is non-responsive for failure to submit a price for Additive Alternate No. 1 on the bid form,and the Board REJECTS McNely's bid on that basis; and The Board FURTHER DETERMINES that the bid submitted by Pacific Bay is non- responsive for failure to comply with the County's Outreach Program,as provided in Division E of the prosect specifications,and the Board CONFIRMS the denial ofPacific Bay's appeal and REJECTS the bid on that basis; and The Board FURTHER DETERMINES that the Contra Costa Building and Construction Trades Council has declined to participate in the arbitration of a Project Labor Agreement, as provided in the project specifications, and the Board, therefore, WAIVES the requirement for a Project Labor Agreement for this project only; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Brown at the listed amount and at the prices submitted in said bid(Base Bid only), and that said contractor shall present sufficient payment and performance 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 or his designee,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 or his designee is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retention into escrow or 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 Brown 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 Cone Sections 5100-5107). Orig. Dept.- General Services Dept. -Architectural Division cc: General Services Department Architectural Division ! hereby certify that this is a true and correct G.S.Accounting COPY of an action taken and entered on the File: 125-0101/A.5 minutes of the Beard of Supervisors on the County Administrator's Office date shown. County Counsel ATTESTED: M.�,, Contract Compliance Officer(via AID) JOHN SWEETEN, Clerk of the Board Auditor-Controller of Supervisors and County Administrator Robert L. Brown Construction, Inc. (via AID) 13Y- Y _,- McNely Construction(via AID) - --�—deputy Pacific Bay Construction(via A/D) Surety(via AID) Consultant(via A/D) LR:sc HACONTPACMest Contra Costa County Animal Sheher.doe Page 2 of 2 GENERAL SERVICES DEPARTMENT Architectural Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 (925) 313-7200 FAX (925)313-7299 File: 125-0101B.4.4 Date: June 25, 2002 TO: Board of Supervisors &&Cmd FROM: Barton J. Gilbert, Director of General Services SUBJECT: CONTRACT AWARD RECOMMENDATION; Agenda Date July 9, 2002; Authorization No. WH473B Bids for the WEST CONTRA COSTA COUNTY ANIMAL SHELTER, SAN PABLO AVENUE AND SUNNYVIEW DRIVE, PINOLE FOR THE ANIMAL SERVICES DEPARTMENT were received and opened at the County Architectural Division Offices on Thursday, March 21, 2002. McNely Construction Company of San Leandro submitted the lowest monetary bid but did not submit a price for Additive Alternate No. 1 on the bid form as required by the specifications. For this reason, it is recommended that their bid be rejected as non-responsive and that their bid bond be exonerated. Pacific Bay Construction of Martinez submitted the second lowest monetary bid but failed to comply with the County's Outreach Program. For this reason, it is recommended that their bid be rejected as non-responsive and that their bid bond be exonerated. Itt is recommended that the Board of Supervisors award the construction contract to the lowest responsive and responsible bidder, Robert L. Brown Construction, Inc. of Concord who has demonstrated an adequate good faith effort to comply with the requirements of the County's Outreach Program, waive any irregularities in such compliance and award the construction contract to Robert L. Brown Construction, Inc., in the amount of$1,272,500.00. The Consulting Architect for the project (George Miers & Associates) estimated the probable construction cost for the base bid only to be $1,600,000.00. Other bids received were as follows: Base Bi 1. McNely Construction Company $1,195,000.00 San Leandro, CA 2. Pacific Bay Construction $1,2675000.00 Martinez, CA 3. Albay Construction Company $1,413,000.00 Martinez, CA HA2001\1250101\01G001062m.doc Rev.6/24/02 Board of Supervisors 125-0101/8.4.4 CONTRACT AWARD RECOMMENDATION June 25, 2002 The Contract Compliance Officer has reported that Robert L. Brown Construction, Inc., has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program. Robert L. Brown Construction, Inc. unsuccessfully attempted to negotiate a Project Labor Agreement (PLA) with the Contra Costa Building and Construction Trades Council in compliance with the project specifications and County's PLA policy. The Trades Council declined to participate in the process. Therefore, it is recommended that the Board waive the requirement for a PLA for this project. Robert L. Brown Construction has signed a letter extending the bid withdraw period from June 19, 2002 to July 19, 2002. LR:se cc w/attach.: County Administrator's Office County Counsel Clerk of the Board(w/bids) Contract Compliance Officer 1-1:12.001\1250101\01GO01062m.doc Rev.6/24/02 s fw ;#1 x r Couhty Administrator Contra Board Of Supervisors osta John M.Giala County Administration Building I"District 851 Pine Street, 11 th FloorGayle B.UlIkema County Martinez, California 94553-1229 2nd District (925) 335-1080 (925) 335-1098 FAX Donna Gerber aro District John Sweeten Mark De3aulnler County Administrator _ - '}' 4*District Federal D.Glover 5"Dlstrict May 10, 2002 Via Fax and Certified Mail Return Receipt Requested Mr. Ken Humphrey,Project Manager Pacific Bay Construction 4970 Blum Road Martinez, CA 94553 i Dear Mr. Humphrey: Re. West Contra Costa County Animal Shelter San Pablo Avenue and Sunnyview Drive, Pinole Your May 2, 2002 letter of appeal and the factual information provided has been carefully reviewed. 1. Although we acknowledge that your "Invitation to Bid" notice provided information regarding the availability of plans, your published advertisement did not include information regarding the following. a. The availability of plans and specifications; and b. Your policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. 2. Even though you believe the subcontractors that received your Invitation to .Bid knew the scope of work you were requesting, your Invitation to Bid did not list the areas of work to be subcontracted, as required by the specifications. 3. As you have acknowledged, you did not submit documentation that you requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, and LBEs, as required by the specifications. 4. Even though you believe you were providing assistance to subcontractors by not requiring performance and payment bonds, you failed to document any