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Home My WebLink AboutMINUTES - 03151994 - 1.59 1.59 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1994, by the following vote: AYES: Supervisors Smith, Bishop, MCPeak.and Powers NOES: Supervisor Torlakson ABSENT: Done ABSTAIN: i. None SUBJECT: Award of Contract for Women's Program Building, West County Detention Facility, 5555 Giant Highway, Richmond Budget Line Item No. 4470-4379 Authorization No. 0921-WH379B Bidder Total Amount Bond Amounts Brava, Inc. $1,403,882.00 Labor & Materials: Danville, CA Base Bid and Add. $701,941.00 Alts. 1, 2 and 3 Faithful Performance: $1,403,882.00 C. Overaa & Co. Richmond, CA J. H. Fitzmaurice, Inc. Oakland, CA Page Construction Co. Novato, CA RGM & Associates Concord, CA RKH Constructors, Inc. Pleasanton, CA Brero Construction, Inc. Santa Clara, CA City Building, Inc. San Francisco, CA The above-captioned project and the specifications therefor having been previously approved, Addendum No. 1 having been issued and approved, and bids having been duly invited and received by the County Administrator; and The bidder listed first above, Brava, Inc. ("Brava"), having submitted the lowest responsive and responsible bid; and The Board having reviewed the documentation of goad faith effort submitted by Brava and having determined that Brava has documented an adequate good faith effort to AWARD OF CONTRACT FOR WOMEN'S PROGRAM BUILDING, WEST COUNTY JUSTICE FACILITY, March 15, 1994 5555 GIANT HIGHWAY, RICHMOND comply with the goals and requirements of the County's Minority and Women Business Enterprise Program; and The bidder listed third above, J. H. Fitzmaurice, Inc. ("Fitzmaurice"), having filed a protest against the bids submitted by Brava and Overaa on grounds that the bids do not include the addresses of the subcontractors listed in the bids; and The Project Manager having reviewed the protest filed by Fitzmaurice, having determined that the protest is without merit, having notified Fitzmaurice in writing of such determination, and recommending that the lack of subcontractors' addresses is a minor irregularity that is subject to waiver and that, in any event, has already been cured by Brava; and The County Administrator recommending that the bid by Brava is the lowest responsive and responsible bid, and this Board concurring and so finding; and The County having made application for grant funds on August 3, 1993,in accordance with the County Jail Capital Expenditure Bond Act of 1988 (Proposition 86, SB 236), and funds having been reserved by the Board of Corrections conditioned on both a construction contract award and executed contract between the Board of Corrections and the County prior to the end of March 1994; NOW, THEREFORE, the Board finds, determines and orders as follows: The Board DETERMINES that the failure of Brava to list the addresses of subcontractors and to submit the MBE/WBE Information form at the time of bid opening are minor irregularities that are subject to waiver and that have already been cured by Brava, WAIVES such irregularities, and OVERRULES Fitzmaurice's protest on that basis; and The Board DETERMINES that Brava has demonstrated a good faith effort,pursuant to Public Contract Code Section 2000 and the specifications for this project, to comply with the goals and requirements of the County's Minority and Women Business Enterprise Program, and 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 Brava at the listed amount and at the prices submitted in said bid ($1,403,882.00 Base Bid and Additive Alternates 1, 2 and 3), and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the County Administrator or his designee 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 County Administrator or his designee has reviewed and found them to be sufficient, the County Administrator or his designee 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 County Administrator or his designee, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned; and -2- The Board FURTHER ORDERS that the County Administrator or his designee 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 contract, 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 County Administrator or his designee; and The Board DECLARES that, should the award of the contract to Brava be invalidated for any reason, the Board would not in any event have awarded the contract to Overaa or 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); and The Board AUTHORIZES the Board Chair to execute the contract, together with any amendments and extensions, between the County and the California State Board of Corrections for the expenditure of $1,420,488 State and $473,496 County funds for the construction of the project; and The Board APPOINTS Terry Mann to act as fiscal officer for the project and APPOINTS George Roemer to act as project director and contact person for the project; and The Board APPROPRIATES the necessary matching funds for the project. 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: Marsh 19, 1OC)4 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator --��' � By .Deputy Orig. Dept. - County Administrator cc: County Administrator Auditor-Controller County Counsel Brava, Inc. (via CAO) C. Overaa & Co. (via CAO) J. H. Fitzmaurice, Inc. (via CAO) Gerry MacClelland, Project Mgr., O'Brien-Kreitzberg (via CAO) -3- Office of the County Administrator Contra Costa County Affirmative Action Office 651 Pine Street, Martinez, CA 94553 ( 510) 646-4106 fax: ( 510) 646-1353 Memorandum Date: March 7, 1994 To: Board of Sup visors From: Emma Kuevor Contract Compliance Officer Subject: Women' s Program Building, West County Detention Facility, 555 Giant Highway, Richmond This office has reviewed the bids and documentation of "good faith effort" submitted by the following three lowest bidders on the above named project - Brava, Inc. Contractors-Engineers, Overaa General Contractors, and J.H. Fitzmaurice, Inc. Construction. Based upon our review, we have concluded that none of these bidders met the MBE/WBE goals or documented an adequate good faith effort. Due to its length, the documentation of "good faith effort" submitted by the three lowest bidders is not attached to this memo. However, it is filed with the Clerk of the Board and may be reviewed there. a:Brava2 OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 10th Floor Martinez, California DATE: March 9, 1994 TO: re-o d of ervisors OV FROM: g emer, o my dministrator's Office SUBJECT: WEST COUNTY DETENTION FACILITY, WOMEN'S PROGRAM BUILDING CONSTRUCTION CONTRACT AWARD AUTHORIZATION NO. 0928-WH58013 Bids for the construction of the Women's Program Building were received and opened at the County offices, 651 Pine Street, eighth floor, on Thursday, February 17, 1994. The bids received consisted of a base bid quote and three add alternates. Adding the alternates to the base bid in any combination does not change the order of the three low bids. Based on the base bids received, following is a summary of contractors submitting bids listed in order of lowest to highest price: Contractor Base Bid Amount Brava, Inc. $1,385,182 C. Overaa & Co. 1,405,422 J. H. Fitzmaurice, Inc. 1,450,000 Page Construction Co. 1,467,819 RGM Associates 1,498,000 RKH Constructors, Inc. 1,540,000 Brero Construction, Inc. 1,540,000 City Building, Inc. 1,547,000 Enclosed is a list of the bid abstract which lists the base bid and add alternate amounts. The architect's estimate is $1,368,822. The County's initial construction cost (which includes a bid contingency) is $1,420,000; therefore, adequate construction funds are available for this project. Recommended Action: Award project to the lowest responsive bidder. 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