HomeMy WebLinkAboutMINUTES - 06251991 - 1.6 1 . 6
BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Order on June 25, 1991, by the following vote:
AYES: Supervisors Fanden, Schroder, '_McPeak, Torlakson & Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for the Drainage Area 30A, Line A Project in
the Oakley area.
Project No. 7557-6D8448-88
Engineer's Estimate: $303,807.00
Bidder Total Amount Bond Amounts
Floyd Johnston Const. Co., Inc. $260,564.95 Payment:
Brentwood, CA $130,282.48
Performance:
$260,564.95
Joe Foster Excavating, Inc.
Livermore, CA
Delta Excavating, Inc.
Brentwood, CA
Wm. G. McCullough Const. Co., Inc.
Antioch, CA
A. Teichert & Son
Stockton, CA
The above-captioned project and the specifications therefor having been
previously approved, and bids having been duly invited and received by the Chief
Engineer; and
H & K Grading Contractors, Inc. ("H & K"), which submitted a bid. of
$246,904.25, having inadvertently failed to fill in one bid item, having timely notified
the County in writing of such clerical mistake as required by law, and having
requested to be relieved of its bid; and
The bidder listed first above ("Floyd Johnston") having submitted.the lowest
monetary bid which is $4,883.05 less than the next lowest bid; and
The Board having considered written and oral presentations from District staff;
and
The Board having evaluated all of the documentation of the effort by Floyd
Johnston to comply with the goals and requirements of the District's Minority and
Women Business Enterprise Program; and .
The Chief Engineer recommending that the bid listed first above 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 RELIEVES H & K of its bid, pursuant to Public Contract Code
Section 5100 and following, because of the clerical mistake described above; and
AWARD OF CONTRACT FOR THE DRAINAGE AREA
30A, LINE A PROJECT IN THE OAKLEY AREA
Project No. 7557-6D8448-88
The Board WAIVES certain irregularities in Floyd Johnston's bid, consisting of
failure to submit a signed copy of Addendum No. 1 with the bid and failure to list
the names of corporate officers and residence address, and DECLARES that said
irregularities have been cured; and
The Board DETERMINES that Floyd Johnston, as the lowest monetary bidder,
has demonstrated a good faith effort, pursuant to Public Contract Code Section 2000
and the specifications for this project, to comply with the goals and requirements of
the District's Minority and Women Business Enterprise Program, and 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 said first-listed bidder (Floyd Johnston) at the listed
amount and at the prices submitted in said bid, and that said contractor shall present
two good and sufficient surety bonds as indicated above; and that the Chief Engineer
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 Chief Engineer has reviewed and
found them to be sufficient, the Chief Engineer 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 Chief Engineer, 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 Chief Engineer is authorized to sign any
escrow agreements prepared for this project to permit the substitution of securities
for moneys withheld by the District 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 Chief Engineer
or his designee; and
The Board OVERRULES the bid protests submitted by Joe Foster Excavating,
Inc. and Delta Excavating, Inc.; and
The Board DECLARES that, should the award of the contract to Floyd Johnston
be invalidated for any reason, the Board would not in any event have awarded the
contract to the second listed bidder or 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).
Orig. Dept: Public Works Department
Construction Division 1 hereby ON*Md MMa N•6W'aed ooereot=PY of
cc: Public Works Department an action taken and entad 011 ft m1nift of tf»
Construction Division Boom ofM�dale of 0111L
Accounting AnEEp�2 5 1991 --
County Counsel PHIL BATCHELOR,Clerk Of the Board
Auditor-Controller of Supervieora andAdminls11"
Contractor (via Construction Division)
By LA ,Oepuh►
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