HomeMy WebLinkAboutMINUTES - 06211994 - 1.15 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, AS THE
GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Adopted this Order on June 21, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and- Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for Drainage Area 40A Storm Drain Improvements,
Martinez area
Project No. 7565-6138420-93
Bidder Total Amount Bond Amounts
V & M Construction/Backhoe $4077168.00 Payment:
P.O. Box 3075 $203,584.00
Antioch, CA 94531 Performance:
$407,168.00
Antovich Construction, Inc. $405,970.00
Santa Clara, CA
North Bay Construction $430,090.00
Petaluma, CA
Hess Construction Co. $440,250.00
American Canyon, CA
Mountain Cascade, Inc. $449,586.00
Livermore, CA
A.P7 Hill, Inc. $4537962.00
Pleasanton, CA
Mount Diablo Corporation $479,500.00
Walnut Creek, CA
Delta Excavating, Inc. $4997960.00
Brentwood, CA
Bauman Landscape, Inc. $609,848.00
Richmond, 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 on May 17,
1994; and
The Contract Compliance Officer having determined that the lowest monetary bidder,
Antovich Construction, Inc. ("Antovich"), has failed to meet the MBE'goal (14%) and WBE
goal (6%) for this project and has failed to document an adequate good faith effort to
AWARD OF CONTRACT FOR DRAINAGE AREA 40A Project No. 7565-6D8420-93
STORM DRAIN IMPROVEMENTS, MARTINEZ AREA June 21, 1994
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
Antovich having been notified in writing of the Contract Compliance Officer's
determination and having appealed it to the County Administrator in writing, as allowed in
the project specifications; and
The County Administrator having reviewed Antovich's appeal and having denied the
appeal and notified Antovich of such denial; and
The bidder listed first above, V & M Construction/Backhoe ("V & M"), having
submitted the lowest responsive and responsible bid; and
The Contract Compliance Officer having determined that V & M has attained MBE
participation of 14.1% and WBE participation of 9.9%; and
The Chief Engineer recommending that the bid submitted by V & M 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 Antovich 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 REJECTS the bid on that
basis; and
The Board CONFIRMS the denial of the appeal filed by Antovich; and
The Board FURTHER DETERMINES that V & M 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 V & M at the listed amount submitted in said bid, and that said
contractor shall present two good and sufficient surety bonds as indicated above, and that
the Public Works Department 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
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
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AWARD OF CONTRACT FOR DRAINAGE AREA 40A Project No. 7565-6D8420-93
STORM DRAIN IMPROVEMENTS, MARTINEZ AREA June 21, 1994
moneys withheld by the District 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 Chief Engineer or his
designee; and
Pursuant to Labor Code Section 6705, the Board FURTHER DELEGATES to the
Chief Engineer or to any registered civil or structural engineer employed by the District and
designated by him the authority to accept a detailed plan showing the design of shoring,
bracing, sloping or other provisions to be made for worker protection during trench
excavation covered by that section; and
The Board DECLARES that should the award of the contract to V & M be
invalidated for any reason, the Board would not in any event have awarded the contract to
Antovich 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).
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Sup s,an ywl%shown.
ATTESTED:�111V ;G I
PHIL BATCHELOR perk of the Board
of Supervisors and County Administrator
By ,oewrh
Orig. Dept.: PW-Const.
cc: Public Works-Design
Accounting
R. Bruno
County Administrator
Auditor-Controller
County Counsel
Antovich Construction, Inc. (via Const. Div.)
V & M Construction/Backhoe (via Const. Div.)
Surety (Via Const. Div.)
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