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HomeMy WebLinkAboutMINUTES - 05111993 - 1.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 11, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Award of Contract for Taylor Boulevard at Withers Avenue Traffic Signal Modification Project in the Pleasant Hill area Project No. 0662-6U4173-92 Bidder Total Amount Bond Amounts Steiny and Co. $58, 000. 00 Payment: P.O. Box 3008 $29, 000. 00 Vallejo, CA 94590 Performance: $58, 000. 00 B. Cantarutti Electric Co. Novato, CA Wingard Engineering Byron, CA Rosendin Electric, Inc. San Jose, CA The above-captioned project and the specifications therefor having been previously approved, and bids having been duly invited and received by the Director of Public Works; and The. Contract Compliance Officer having determined that the lowest monetary bidder, St. Francis Electric ("St. Francis")- , has failed to meet the minority business enterprise (MBE) and women business enterprise (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 St. Francis having been notified of the Contract Compliance Officer's determination and having filed a written appeal with the County Administrator, as provided in the project specifications; and The bidder listed first above ("Steiny") having submitted the lowest responsive and responsible bid, which is $479. 00 less than the next lowest bid; and The Contract Compliance Officer having reported that Steiny has attained MBE participation of 2 .6% and WBE participation of 3 . 6%, and the Contract Compliance Officer having reviewed the documentation of good faith effort submitted by Steiny and having determined that Steiny has documented an adequate good faith effort to comply with the goals and requirements of the County's Minority and Women Business Enterprise Program; and The Director of Public Works recommending that the bid submitted by Steiny is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: AWARD OF CONTRACT FOR THE TAYLOR BOULEVARD May 11, 1993 AT WITHERS AVENUE SIGNAL MODIFICATION PROJECT, PLEASANT HILL AREA The Board DETERMINES that the lowest monetary bidder, St. Francis, 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 the Board DETERMINES that said bid is non-responsive and REJECTS said bid on that basis; and The Board DENIES the appeal filed by St. Francis; and The Board FURTHER DETERMINES that Steiny, 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 MBE and WBE goals for this project (i.e. , 14% and 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 Steiny 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 Steiny 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) . Orig. Dept: PW-Const. cc: County Administrator Auditor-Controller i hereby certify that this is a true and correct oopy of Public Works— an action taken and entered on the minutes of the Board of Supervisors on the date shown, Design -ATTESTED: aamu 140-1,797 Accounting PHIL BATCHEL R,Clerk of the Board — R. BrLmo of Supervisors and County Administrator Steiny & Co. (Via Constr.Div.) , St. Francis Elec. (Via Constr Div..)/3, ,� .Deputy Surety (Via Constr. Div.) -2-