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Home My WebLink AboutMINUTES - 06081993 - 1.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 15, 1993 , by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Award of Contract for Tara Hills Drive Overlay and Reconstruction Project in the Pinole area Project No. 0662-6R4222-92 Bidder Total Amount Bond Amounts Ghilotti Bros. Construction $156,227. 38 Payment: 525 Jacoby Street $78, 113 . 69 San Rafael, CA 94901 Performance: $156, 227 .38 Bay Cities Paving and Grading, Inc. Richmond, CA Don Dowd Co. Santa Rosa, CA B & B Grading and Paving Concord, CA North Bay Construction Petaluma, CA Oliver De Silva, Inc. Hayward, CA Joe Carone, Inc. Crockett, CA Riley & Sons Construction Oakland, CA Gallagher & Burk, Inc. Oakland, 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, O.C. Jones & Sons ("Jones") , has failed to meet the MBE goal for this project (i.e. , 14%) 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 Jones having been notified in writing of the Contract Compliance Officer's determination and having appealed it to the County Administrator, as required by the project specifications, and the County Administrator having reviewed and denied the appeal filed by Jones; and Jones having been notified in writing of the County Administrator's denial of the appeal and having indicated an intention to appeal further to the Board of Supervisors; and AWARD OF CONTRACT FOR THE TARA HILLS June 15, 1993 DRIVE OVERLAY AND RECONSTRUCTION PROJECT, PINOLE AREA The Contract Compliance Officer having determined that the second lowest monetary bidder, Vintage Paving & Grading, Inc. ("Vintage") , has failed to meet the MBE and WBE goals for this project (i.e. , 14% and 6% respectively) 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 Vintage having been notified in writing of the Contract Compliance Officer's determination and having failed to appeal it, as required by the project specifications; and The bidder listed first above ("Ghilotti") having submitted the lowest responsive and responsible bid, which is $2 , 534 .71 less than the next lowest bid; and The Contract Compliance Officer having reported that Ghilotti has attained MBE participation of 16.6% and WBE participation of 8 . 5%, which exceeds the MBE and WBE goals for this project and complies fully with the requirements of the County's Minority and Women Business Enterprise Program; and The Director of Public Works recommending that the bid submitted by Ghilotti 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, Jones, has failed to meet the MBE goal for this project, has failed to document an adequate good faith effort and has 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 Jones; and The Board FURTHER DETERMINES that the second lowest monetary bidder, Vintage, has failed to meet the MBE and WBE goals for this project, has failed to document an adequate good faith effort and has failed to comply with the specifications for this project and with the requirements of the County's Minority and Women Business Enterprise Program, and has failed to appeal 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 The Board FURTHER DETERMINES that Ghilotti, 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 Ghilotti 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 -2- 1 AWARD OF CONTRACT FOR THE TARA HILLS June 15, 1993 DRIVE OVERLAY AND RECONSTRUCTION PROJECT, PINOLE AREA 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 Ghilotti 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) . i hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. � ATTESTED: � N 15 1Q93 PHIL BATCHELOR,Cleric of the Board of supervisors and County Administrator �,�..n a e► � � ,00 Orig. Dept: PW-Const. cc: County Administrator Auditor-Controller Public Works-Design Accounting R. Bruno Ghilotti Bros. Construction (Via Const. Div. ) O.C. Jones & Sons (Via Const. Div. ) Vintage Paving & Grading, Inc. (Via Const. Div. ) Surety (.Via Const. Div. ) County Counsel -3-