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Home My WebLink AboutMINUTES - 07131993 - 1.79 1 . 7q� � fl 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 Lobby Remodeling at 2970 Willow Pass Drive, Concord, for Mt. Diablo Municipal Court Budget Line Item No. 4403-4362 Authorization No. 0928-WH362D Bidder Total Amount Bond Amounts Alvand Construction $75, 270. 00 Payment: 400 Reed Street, Suite 105 (Base Bid and $37, 635.00 Santa Clara, CA 95050 Add. Alt. #1) Performance: $75, 270.00 DS Construction & Management Napa, CA Ramlor Construction, Inc. Pleasanton, CA Kalscope Corporation Concord, CA Younger-Wunar, Inc. El Cerrito, CA E-Z Does It Construction Co. Daly City, CA Tri-Valley Contractors Oakland, CA Shepherd & Son Inc. San Leandro, CA The above-captioned project and the plans and specifications therefor having been previously approved, Addendum No. 1 having been issued and approved, and bids having been duly invited and received by the Director of General Services on June 10, 1993; and The Contract Compliance Officer having determined that the lowest monetary bidder, DS Construction & Management ("DS") , 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 DS 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 DS, and the County Administrator having notified DS in writing of such denial; and The Contract Compliance Officer having determined that the second lowest monetary bidder, Ramlor Construction, Inc. ("Ramlor") , 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 AWARD OF CONTRACT FOR LOBBY REMODELING July 13, 1993 AT 2970 WILLOW PASS ROAD, CONCORD, FOR MT. DIABLO MUNICIPAL COURT Ramlor 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 Contract Compliance Officer having determined that the third lowest monetary bidder, Kalscope Corporation ("Kalscope") , 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 Kalscope 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 Contract Compliance Officer having determined that the fourth lowest monetary bidder, Younger-Wunar, Inc. ("Younger-Wunar") , 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 Younger-Wunar 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 Younger-Wunar, and the County Administrator having notified Younger- Wunar in writing of such denial; and The bidder listed first above, Alvand Construction ("Alvand") , having submitted the lowest responsive and responsible bid, which is $7, 158. 00 less than the next lowest bid; and The Contract Compliance Officer having reported that Alvand has attained MBE participation of 24 .4% and WBE participation of 13 .2%, 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 General Services recommending that the bid submitted by Alvand 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 DS and Younger-Wunar have failed to meet the MBE and WBE goals for this project, have failed to document an adequate good faith effort and have 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 bids are non-responsive and REJECTS said bids on that basis; and The Board CONFIRMS denial of the appeals filed by DS and Younger- Wunar; and The Board FURTHER DETERMINES that Ramlor and Kalscope have failed to meet the MBE and WBE goals for this project, have failed to document an adequate good faith effort and have failed to comply with the specifications for this project and with the requirements of the County's Minority and Women Business Enterprise Program, and have failed to appeal the Contract Compliance Officer's determination, as -2- AWARD OF CONTRACT FOR LOBBY REMODELING July 13 , 1993 AT 2970 WILLOW PASS ROAD, CONCORD, FOR MT. DIABLO MUNICIPAL COURT required by the project specifications, and the Board DETERMINES that said bids are non-responsive and REJECTS said bids on those grounds; and The Board FURTHER DETERMINES that Alvand, 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 Alvand at the listed amount and at the unit prices submitted in said bid (i.e. , $69,770 Base Bid and $5,500 Additive Alternate No. 1) , and that said contractor shall present two good and sufficient surety bonds as indicated above, and that the Director of General Services 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 General Services has reviewed and found them to be sufficient, the Director of General Services 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 General Services, 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 General Services 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 General Services or his designee; and The Board DECLARES that, should the award of the contract to Alvand 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 21 an action taken and entered on the minutes of the 3oard of Supervisors on the date Shown. ATTESTED: JUL 1 1 1393 ,. PHIL BATCHELOR,clerk of the Board of Supervisors and County Administrator J,�Ja4t By ., .Deputy Orig. Dept: General Services Dept. - Architectural Divsion cc: GS-Arch. Division County Administrator Auditor-Controller County Counsel DS Construction & Management (Via Arch. Div. ) Ramlor Construction, Inc. (Via Arch. Div. ) Kalscope Corporation (Via Arch. Div. ) Younger-Wunar, Inc. (Via Arch. Div. ) Alvand Construction (Via Arch. Div. ) Surety (Via Arch. Div. ) Consultant (Via Arch. Div. ) -3-