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HomeMy WebLinkAboutMINUTES - 07131993 - 1.31 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 13 . 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Award of Contract for Drainage Area 29C Improvements - Line G and Teakwood Basin Project in the Oakley area Project No. 7555-6D8507-92 Bidder Total Amount Bond Amounts Pfister Excavating, Inc. $93, 798. 00 Payment: P.O. Box 4312 $46,899. 00 Vallejo, CA 94590 Performance: $93 ,798. 00 Allen Engineering Sunnyvale, CA William G. McCullough Co. Antioch, CA Delta Excavating, Inc. Brentwood, CA V & M Construction Antioch, CA Villareal Engineering Antioch, 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 The Contract Compliance Officer having determined that the lowest monetary bidder, Allen Engineering ("Allen") , 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 Allen 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 Allen, and the County Administrator having notified Allen in writing of such denial; and The Contract Compliance Officer having determined that the second lowest monetary bidder, William G. McCullough Co. ("McCullough") , has failed to meet the MBE and 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 e AWARD OF CONTRACT FOR DRAINAGE AREA July 13, 1993 29C IMPROVEMENTS - LINE G AND TEAKWOOD BASIN PROJECT, OAKLEY AREA McCullough 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, Pfister Excavating, Inc. ("Pfister") , having submitted the lowest responsive and responsible bid, which is $5, 382 . 00 less than the next lowest bid; and The Contract Compliance Officer having reported that Pfister has attained MBE participation of 28.2% and WBE participation of 6.40, 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 Chief Engineer recommending that the bid submitted by Pfister 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, Allen, 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 the Board DETERMINES that said bid is non-responsive and REJECTS said bid on that basis; and The Board CONFIRMS the denial of the appeal filed by Allen; and The Board FURTHER DETERMINES that the second lowest monetary bidder, McCullough, 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 Pfister, 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 Pfister 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 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 -2- AWARD OF CONTRACT FOR DRAINAGE AREA July 13, 1993 29C IMPROVEMENTS - LINE G AND TEAKWOOD BASIN PROJECT, OAKLEY AREA 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 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 Chief Engineer or his designee; and The Board DECLARES that, should the award of the contract to Pfister 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 R true and correct copy of an action taken and entered on the minutes of the Board of Supe he date shown. ATTESTED. AC 11 199 - PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Q I By ,__IJ/ A do .-P-11 Orig. Dept: PW-Const. cc: County Administrator County Counsel Auditor-Controller Public Works-Design Accounting R. Bruno Pfister Excavating, Inc. (Via Const. Div. ) Allen Engineering (Via Const. Div. ) William G. McCullough Co. (Via Const. Div. ) Surety (Via Const. Div. ) -3-