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Home My WebLink AboutMINUTES - 05111993 - 1.4 DATE �� ' '�J? ITEM CONSIDERED WITH LISTED IN ERROR DELETED ✓ #1 .4 bd. mtg. 5/11/93 CONTRACT AWARD FOR WILLOW PASS ROAD AT MANOR DRIVE - TRAFFIC SIGNAL MODIFICATION PROJECT VWINGARD ENGINEERING GENERAL ENGINEERING& ELECTRICAL CONTRACTORS STATE LICENSE 340612 RECEIVED MAY __ 110 May 3 , 1993 CLERK BOARD OF SUPERVISORS COUNTY ADMINISTRATOR'S OFFICE CONTRA COSTA CO. 651 PINE STREET MARTINEZ , CA. 94553 ATTN: MR. PHIL BATCHELOR, COUNTY ADMINISTRATOR RE: WILLOW -PASS RD. AT MANOR DR. TRAFFIC SIGNAL AND BAILEY RD. INTERCONNECTION PROJECT . Dear Mr. Batchelor, I am writing to appeal the decision by the County Affirmative Action Office, to award the above mentioned Contract to the second lowest bidder . In Emma Kuevors correspondence dated April 29, 1993 we were advised that our firm failed to meet the MBE/WBE goals , and that our good faith effort was inadequate, ( letter enclosed ) . Wingard Engineering is a sole proprietor based in East Contra Costa County . Our workforce consists of myself , acting as estimator , bookkeeper, project manager, and secretary, and four emp.loyees . Because of the size of my firm time must be well managed. Sometimes concessions are made and some task may not be as complete as I would like . Such was the case in preparing the Proposal for this Project . I was confident that the MBE/WBE goals could be met , so I did not allot as much time in preparing the good faith effort ,' as I would have liked, however a substantial amount of effort was given by obtaining a County Directory, advertising in trade papers and making numerous phone calls and fax contacts . Since this effort did not completely follow the County 's Affirmative Action Policy for good faith effort , I will conceed this issue . Before bid opening on April 13 , 1993 I had been in contact with several MBE/WBE firms to secure sub-quotes in order the achieve the required goals . One such firm was Traffic Signal Resources , which is owned by Felix Ramirez . Since Traffic Signal Resources is a Contra Costa County based business , I decided to use their services to supply the signal equipment and poles . P.O. BOX 220 • BYRON, CA 94514! (510) 634-8001 FAX (510) 634-7912 When Mr . Ramirez was questioned about his status as a certified MBE with the County, he responded that Traffic Signal Resources is certified with Cal -Trans , and since Contra Costa County has purchased through him in the past , that he was approved . Fearing that there was a question regarding his certification with the county I requested that he confirm his status . Because of my request , Mr . Ramirez contacted the County ' s Affirmative Action Office and Spoke with Mr . Fred Housen . Mr . Housen indicated that-.Traffic Signal Resources would be acceptable to list as an MBE for this project . With this assurance, I felt comfortable in listing the firm on the proposal . In listing Traffic Signal Resources , along with Diaz Corporation, Owens Concrete Sawing and Riley and Sons , we achieved the required goal . After the bids were opened, I was notified to submit the letters of intent and the good faith effort to the Affirmative Action Office for review. It was not untill I received a call from Larhonda Harper of the Affirmative Action Office, that I knew Traffic Signal Resources would not be counted towards the MBE goal . When the situation was explained, I was told that there was a misundestanding between Mr . Houser. and Felix Ramirez . With this information in mind, I asked if we could increse the participation of one of the approved MBE' s listed on the information sheet and was told that no changes could be made . I feel that it is unjust to have our bid deemed non-responsive because of a statement made by an employee of the County ' s Affirmative Action Office . Should I have known before submittzr}q the Proposal that Traffic Signal Resources was not certified, I could easily achieved the goal by listing another firm. Please give this appeal vour full consideration . We are currently starting on our last project , and have no other .work .-Ilo. go on to . The award of this contract is critically important . I do not want to lose this contract because of a technicality . Thank you for your time in this matter, and if I can answere any questions plese call . Very truly yours , Dale Wingard, Wingard Engineering WINGARD ENGINEERING GENERAL ENGINEERING & ELECTRICAL CONTRACTORS STATE LICENSE 340612 April 3 , 1993 MAY 7 19M 1 BOARD OF SUPERVISORS ---- ---n COUNTY ADMINISTRATOR' S OFFICE CLERK E 7R 0 SUS=E€=;�'{SORS cart.7RA F:^,c0c-5'.CO. 651 PINE STREET MARTINEZ , CA. 94553 RE : WILLOW PASS RD. AT MANOR DR . TRAFFIC SIGNAL AND BAILEY RD. INTERCONNECTION PROJECT . Gentlemen : Enclosed is correspondence from the Contra Costa County Affirmitive Action Office notifying me that our Proposal for the above Project be deemed non-responsive and that the award go to the second low bidder . Also enclosed is my response in an appeal to the County Administrator . Without knowing the status of my appeal , and the short deadline for addressing the Board of Supervisors , I hereby requst permission to appear at the Board meeting to comment on the decision should my appeal be denied . Thank you for your attention in the above matter . Very truly yourr�s ,,� Dale Wingard, Wingard Engineering encls . P.O. BOX 220 • BYRON, CA 94514 • (510) 634-8001 FAX (510) 634-7912 County Administrator Contra Board of Supervisors 1 Tom Powers Affirmative Action Office 1st District Minority/Women/Disadvantaged Costa Jeff Smith Business Enterprise County 2nd District Contract Compliance Program 1 Gayle Bishop County Administration Building 3rd District 651 Pine Street,10th Floor `...I.. 4� ht McPeak Martinez,California 94553-1229 ' = Sunne Wright (510)646-4106 l: '�., 4th District FAX:(510)646-4098 ,� a- Tom Torlakson Phil Batchelor �, - :c 5th District p o Y•„ 4 County Administrator „1"� �-,.• PT'O COUtin C April 29 , 1993 Certified Mail, Return Receipt Requested Wingard Engineering P. O. Box 220 4851 Cabrillo Point Byron, CA 94514 RE: WILLOW PASS ROAD AT MANOR DRIVE TRAFFIC SIGNAL AND BAILEY ROAD INTERCONNECTION PROJECT Gentlemen: Our office has reviewed the bid and good faith effort documentation submitted by your firm. Your firm has attained the following participation by certified MBEs and WBEs : Diaz Corporation MBE $775 . 00 . 06% Riley & Sons Construction Inc. MBE $2, 120 . 00 1 . 74% Owen Concrete Saw WBE $1,505. 00 1 . 24% As shown by these figures, your firm has not met the M/WBE goals for this project. In addition, the documentation submitted by your firm shows that you failed to do or document the following steps set forth in section 3-1 . 04 of the Special Provisions : a, c, d, f and g. Based upon our review, we have determined that your firm has not documented an adequate good faith effort to comply with the M/WBE goals . Therefore, we plan to recommend that your bid be deemed non-responsive for failure to comply with M/WBE requirements and that the contract be awarded instead to the second lowest bidder (B. Cantarutti Electric Co. ) . 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, Martinez, CA 94553 . Your appeal must be received at that address no later than 5 : 00 p.m. on Wednesday, May v Wingard Engineering April 29, 1993 Page 2 It is anticipated that the contract will be awarded at the Board of Supervisors meeting on Tuesday, May 11, 1993, which begins at 9 : 00 a.m. If you wish to appear at the Board meeting to comment on this matter, you must submit a written appeal by the May 5 deadline. Any comments to the Board will be limited to the facts and arguments set forth in your appeal . Very truly yours, Phil Batchelor County Administrator atlt'4� K1(14� By: Emma Kuevor Contract Compliance Officer EK: fch cc: J. Michael Walford, Public Works Director Victor J. Westman, County Counsel A:\WINGARD