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HomeMy WebLinkAboutMINUTES - 06061995 - 1.19 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 6. 1995, by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None! - ABSENT: one -ABSENT: None ABSTAIN: None SUBJECT: Award of Contract for 1995 Walnut Creek Desilting Project, Walnut Creek area Project No. 7520-6B9316-95 Bidder Total Amount Bond Amounts Siteworks Construction, Inc. $149, 025. 14 Payment: 3634 Bickerstaff Rd. $74, 512 .57 Lafayette, CA 94549 Performance: $149, 025. 14 Bay Hawk, Inc. Pinole, CA Mount Diablo Corp. Walnut Creek, CA FANFA, Inc. San Lorenzo, CA The above-captioned project and the plans and specifications therefor having been previously approved, and bids having been duly .invited and received on May 4, 1995 by the Chief Engineer; and The lowest monetary bidder, Sandy Knott Corporation dba Earthworks ("Earthworks") , having failed to submit, at the time of bid opening, the Bidder MBE/WBE Information form, as required by the project specifications, and the Contract Complaince Officer having determined that Earthworks has failed to meet the minority business enterprise (MBE) goal and the women business enterprise (WBE) goal 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 Earthworks having been notified of the Contract Compliance Officer's determination and having filed a written appeal with the County Administrator, as provided in the project specifications; and The bidder listed first above, Siteworks Construction, Inc. ("Siteworks") , having submitted the lowest responsive and responsible bid, which is $31, 163 . 06 less than the next lowest bid; and The Contract Compliance Officer having reported that Siteworks has attained MBE participation of 59.75% and WBE participation of 40.22%, which exceeds the MBE goal (14%) and the WBE goal (6%) for this project; and The Chief Engineer recommending that the bid submitted by Siteworks 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, Earthworks, failed to submit, at the time of bid opening, the Bidder MBE/WBE Information form, as required by the project specifications, and that j. AWARD OF CONTRACT FOR 1995 WALNUT CREEK June 6, 1995 DESILTING PROJECT, WALNUT CREEK AREA Earthworks has failed to meet the MBE and WBE goals for this project, has failed to document an adequate good faith effort and has otherwise 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 FURTHER DETERMINES that said bid is non- responsive and REJECTS said bid on that basis; and The Board DENIES the appeal filed by Earthworks; and The Board FURTHER DETERMINES that Siteworks, as the lowest monetary bidder, has exceeded the MBE goal (14%) and the WBE goal (6%) for this project and has otherwise complied with the requirements of the County's Minority and Women Business Enterprise Program, and the Board 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 Siteworks 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 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 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 County the authority to accept detailed plans 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 Siteworks 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) . -2- AWARD OF CONTRACT FOR 1995 WALNUT CREEK June 6, 1995 DESILTING PROJECT, WALNUT CREEK AREA Contact: Joseph P. Murphy (510) 313-2321 Orig. Dept: Public Works Department Construction Division cc: Public Works Department Construction Division Accounting County Counsel Auditor-Controller Siteworks Construction, Inc. (Via Const. Div. ) Earthworks (Via Const. Div. ) Surety (Via Const. Div. ) S.B.E. 926 Natoma St. San Francisco, CA 94103-2514 I hereby certify that this Is a true and Correct copy of an action taken and entered on the minutes of the Board of Supqrvjsr on the date shown. ATTESTED: PHIL B CHELOR,Cler of the Board of Supervisors and County Administrator By Deputy -3-