HomeMy WebLinkAboutMINUTES - 03051996 - C35 File: 135-9433/13.4.4
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 5, 1996, by the following vote:
AYES: Supervisors Rogers, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: Supervisor Bishop
SUBJECT: Award of Contract for Phase II Kitchen Improvements at 847B Brookside Drive,
Richmond
Authorization No. WPE477
Bidder Total Amount Bond Amounts
Younger-Wunar Inc. $39,305.00 Payment:
2107 Kearney Street Base Bid Only $39,305.00
El Cerrito, CA 94530 Performance:
$39,305.00
A. E. Nelson Construction
Santa Rose, California
Fine Line Construction
Berkeley, California
Terry Contractors, Inc.
Berkeley, California
Hamilton Enterprises
Sebastopol, California
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 Director of General Services on January 11, 1996; and
The Contract Compliance Officer having determined that the lowest monetary bidder, A.
E. Nelson Construction ("Nelson") 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
Nelson having been notified in writing of the Contract Compliance Officer's
determination and not having appealed it, as required by the project specifications; and
The bidder listed first above, Younger-Wunar, Inc. ("Younger"), having submitted the
lowest responsive and responsible bid; and
The Contract Compliance Officer having reported that Younger-Wunar has attained
MBE participation of 26.85% and WBE participation of 10.0%, which exceeds the MBE and WBE
goals for this project and complies fully with the requirements of County's Minority and Women
Business Enterprise Program; and
The Director of General Services recommending that the bid submitted by Younger 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, Nelson, 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, and has not appealed 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
Page 1 of 2
'
C.
,WARD OF CONTRACT FOR 135-9433B.4.4
PHASE II KITCHEN IMPROVEMENTS March 5, 1996
AT 847B BROOKSIDE DRIVE, RICHMOND
The Board FURTHER DETERMINES that Younger, as the lowest responsive and
responsible bidder, has met and exceeded the MBE and WBE goals for this project 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 Younger 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 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 Younger 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).
1 hereby certify that this is a true andcorreeteM101
an action taken and entered on the minutes of the
Board of supervisors o tCH �'d1t�§�►9wn.
ATTESTED: 1- yybb
PHIL BATCHELGR,Clerk of the Board
Of Supervisors and County Administrator
By puty
Orig. Dept, General Services Dept. - Architectural Division
cc: GS-Arch. Division
County Administrator
Auditor-Controller
County Counsel
Younger-Wunar, Inc. (Via Arch. Div.)
A. E. Nelson Construction (Via Arch. Div.)
Surety (Via Arch. Div.)
Consultant (Via Arch. Div.)
Community Services Dept.. (Via Arch. Div.)
lB3GO3B.WPD
GB:bg
Page 2 of 2
c. 3S
Z Y
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 : January 18, 1996
To: Board of Supervisors
From: Emma Kuevor jli
Contract Compliance Officer
Subject : Phase II Kitchen Improvements at
847B Brookside Drive, Richmond
The three lowest bidders were reviewed for the Phase II Kitchen
Improvements at 847B Brookside Drive, Richmond, General Services
Department project . The lowest bidder, A.E. Nelson Construction
did not meet the 14% MBE goal or the 601 WBE goal or document an
adequate good faith effort to meet the goals . A.E. Nelson
Construction achieved 9 . 59% MBE participation and 0% WBE
participation.
The second lowest bidder, Younger-Wunar, Inc . , exceeded the MBE and
WBE goals with 26 . 85% MBE participation and loo WBE participation.
My recommendation is to award to the second lowest bidder, Younger-
Wunar, Inc .
a:Bdyounger
• J
1 1
CONTRA COSTA COUNTY
BID REVIEW
SUMMARY SHEET
Date: January 18, 1996
Project
Name : Phase II Kitchen Improvements at
847 B Brookside Drive, Richmond
Project
Number. : WPE 477
Prime
Bidder
Name: Younger-Wunar, Inc .
2107 Kearney Street
El Cerrito, CA 94530
(510) 234-2355
Bid
Due
Date: January 11, 1996
Bidders Amount of Total Contract : $39, 305
Planned County ,Project Goal : MBE 14%
WBE 6o
Amount Percentage
Bidders Goals : MBE $10, 555 26 . 850
WBE $ 3, 930 10 . 000
MRT,'��WRT.' Aa rt i ri�a t i nn
Type of
Company MBE WBE Business Amount Percentage
Younger-Wunar Chinese Demolition $10, 555 26 . 85%
2107 Kearney St. Japanese Plumbing
E1 Cerrito 94530 Insulation
(510) 234-2355 Carpentry
Max Fusion Woman Supplier $3, 930 10 . 00%
1485 Bayshore Blvd
S .F. 94132
(510) 351-8901 i
Approved by:
Emma Kuevorl
Contract Compliance Officer
a:YoungerW
t�
County AdministratorBoard of Supervisors
Contra
I ' Jim Rogers
Affirmative Action Office Costa 1st District
Minority/Women Business Enterprise Jeff Smith
Contract Compliance Program 2nd District
County Gayle Bishop
County Administration Building 3rd District
651 Pine Street, 10th Floor
Martinez,California 94553-1229 r1. Mark DeSauinier
(510)646-4106 / ' 41h District
FAX: (510)646-1353 Q Tom Torlakson
Phil Batchelor ,_ ,, w 5th District
County Administrator
(OUB
February 23 , 1996
A.E. Nelson Construction
1330 White Oak Drive
Santa Rosa, CA 95409
RE: Phase II Kitchen Improvements at 847B Brookside Drive,
Richmond
Our office has reviewed the bids and good faith effort
documentation submitted by your firm.
Your firm did not meet the MBE or the WBE goals for this project .
In addition, the documentation submitted by your firm shows that
you failed to do or adequately document the following steps set
forth in Division E, Section 5 of the Specifications :
d: You did not solicit at least three certified MBEs and
three certified WBEs in the following specified items :
MBEs WBEs
Electrical 2 3
Glass & Glazing 0 0
Chain Link Fence 0 0
e: You were unable to solicit at least fifty percent (500)
of certified MBEs and WBEs because you did not initially
contact the required (at least three MBEs and three WBEs
for each item of work) number.
is No response was given to determine if you where
applicable, advised and made efforts to assist interested
MBEs and WBEs in obtaining bonds, lines of credit or
insurance required by the County or by your firm.
Based upon our review, we have determined that your firm has not
documented an effective "good faith effort" to comply with the MBE
and WBE requirements . Therefore, we plan to recommend that your
bid be deemed non-responsive for failure to comply with the MBE and
WBE requirements and that the contract be awarded instead to the
second lowest bidder, Younger-Wunar, Inc.
Should you disagree with our determination, you may appeal it in
writing to the County Administrator, c/o County Administrator' s
Office, 651 Pine Street, Martinez, CA 94553 . Your appeal must be
received at that address no later than 5 : 00 p.m. on Wednesday,
February 28, 1996 , and must describe in detail all facts and
arguments on which you rely.
It is anticipated that the contract will be awarded at the Board of
Supervisors meeting on Tuesday, March 5, 1996 which begins at 9 : 30
a.m. If you wish, you may appear at the Board meeting to comment
on this matter. Any comments to the Board will be limited to the
facts and arguments set forth in your appeal .
Very truly yours,
Emma Kuevor
Contract Compliance Officer
CC: Bart Gilbert, Director
General Services Department
Victor J. Westman, County Counsel
`lounger-Wunar, Inc.
a:nelsoltr
CONTRA COSTA COUNTY
BID REVIEW
SUMMARY SHEET
Date: January 18 , 1996
Project
Name: Phase II Kitchen Improvements at
847B Brookside Drive, Richmond
Project
Number: WPE477
Prime
Bidder
Name: A.E . Nelson Construction
1330 White Oak Drive
Santa Rosa, CA 95409
(707) 538-0239
Bid
Due
Date: January 11, 1996
Bidders Amount of Total Contract : $36, 770
Planned County Project Goal : MBE 140
WBE 60
Amount Percentage
Bidders Goals : MBE $3 , 528 . 69 9 .5906
WBE $0 Oo
MRFi /WR1: Dart-i rinati nn
Type of
Company MBE WBE Business Amount Percentage
S&L Fence Comp Mexican Fence #3, 528 9 .59%
1096 Fulton Ave American
Sunnyvale, 94086 .
(408) 745-7021
Approved by:
Emma Kuevor
Contract Compliance Officer
Q? E. ,NELSON CONSTRUCTION
• 1330 White Oak Dr.
SANTA ROSA, CALIFORNIA 95409
nATE JOB NO.
(707) 538-0239 1/12/96
FAX (707) 538-0820 ATTENnON
TO
Contra Costa County Phase II Kitchen Improvements
MBE WBE Contract Compliance Program
Affirmative Action Office
651 Pine Street
Martinez, CA 94553
WE ARE SENDING YOU RX Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
"Good Faith Effort" documentation
"Letter of Intent" — S & L Fence HILL
BABA
BFNDER
FILE:
GENERAL SERVICES DEPARTMENT
Architectural Division
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
XX As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FORBIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
We are submitting the enclosed "Good Faith Effort" documentation, even
though the bid total is under the $50,000.00 estimate that requires
this documentation.
L cvVk
s4 ►.a
COPY TO
RECYCLED PAPER: SIGNED: Joanne Shepard
Contents:40%Pre-Consumer-10%Post-Consuff er
H enclosures ale not as noted Idnd/y notify us at once.
i.
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
•e
i) Where applicable; advise and make efforts to assist !
e interested Minority and Women Business Enterprises in
r obtaining bonds, lines of credit or insurance required by
{: the County or bidder. For each firm advised or assisted,
list the name of the firm, the contact person and the date
assistance was given.
;
i
s B. A bidder shall submit the following documentation of "good faith
effort" based on _the engineer's/architect's estimate of the
° project:
g
i
1) Projects between $50,001 and $100,000 -- submit documentation
for items b, c, d, e, g, h and i.
l
L
2) Projects over $100,000 -- submit documentation for all of the
above (items a-i) .
x
The Contract Compliance Officer reserves the right in appropriate
situations to require documentation of additional items listed
s above.
.h C. In considering the bidder's documentation of "good faith effort",
the County will consider whether the bidder's efforts to obtain
certified Minority and Women Business Enterprise participation
could reasonably be expected to produce a level of participation
sufficient to meet the goals and requirements of the County.
Id
:y D. In evaluating whether a bidder has made a "good faith effort", the
is ..1 ' Contract Compliance Officer shall have the right to assign such
'h + weight as it deems appropriate, in its sole discretion, to each of
i1 the criteria set forth in this Section. In addition, the County
specifically reserves the right, in its sole discretion, to waive
any of the time requirements set forth in this Division E and to
't waive any other irregularities relating to compliance with the
to County's MBE/WBE program.
E. The final MBE/WBE participation determined by the Contract Compli-
ed ance Officer may be appealed by the bidder, or a third party
challenger, to the County Administrator, c/o County Admin-
istrator's Office, 651 Pine Street, 11th Floor, Martinez, CA
94553.
it
=Y SECTION 6. SUBMITTALS
3,
38 r' A. BIDDER MBE/WBE INFORMATION
�r
:)n Bidders shall submit with their bids a completed "Bidder MBE/WBE
Information" form listing all certified MBE/WBE contractors,
1e subcontractors (first tier only) , suppliers, manufacturers and
3s truckers. to be used on this project. Such information shall be r
subject to verification by the County. The information shall ri
include, for each listed firm, the name of the firm, certifying ?*
1d. - agency, expiration date of certification, description of work to
be performed, type of firm (MBE, WBE or both) and dollar value of
'= the work to be performed. A sample of a completed "Bidder MBE/WBE
Information" form is included at the end of this Division E.
gs ` Failure to submit a "Bidder MBE/WBE Information" form with the bid ;
ry>' shall be grounds for finding the bid or proposal non-responsive
se: and the bid shall be rejected,
ch iz
at y B. CERTIFYING LETTERS
MBE/WBE firms listed in the Bidder MBE/WBE Information form shall
submit within two working days of bid opening copies of certifying
letters from agency with which they are certified.
6 " DIVISION E - 7
"GOOD FAITH EFFORT" DOCUMENTATION GUIDELINES
t
A "qood faith effort" shall include specific affirmative action
steps and documentation of those steps . The following list is not
exclusive or exhaustive. Other factors or types of efforts may be
relevant in appropriate cases .
A bidder should do all of the following:
a. Attend any pre-solicitation or pre-bid meeting scheduled
by the County for the Project or, within one year
preceding the bid opening, attend one or more presolici-
tation or pre-bid meeting scheduled by the county for
other projects . List the date(s) of the meeting(s) , the
person(s) attending and the project name(s) and
number(s ) .
Name Date Project
John Shepard 12/20/95 Phase II Kitchen Improvements
847B Brookside
b. Identify, list and select specific items of the project
to be performed by Minority and/or Women Business
Enterprises to provide an opportunity for participation
by those enterprises .
Specific Items for Subcontracting
Electrical
Glass & Glazing
Chain Link Fence
c. Not less than ten ( 10) calendar days prior to bid
opening, advertise in one or more daily or weekly
newspapers , trade association publications , trade
journals, or other media, such as the Daily Construction
Service, the Daily Pacific Builder or the Small Business
Exchange . For each publication, submit a copy of the
advertisement showing the date of publication.
d. Not less than ten ( 10) calendar days prior to bid
opening, for each identified item of the contract, send
by certified mail, or by facsimile, written notice of the
bidder's interest in bidding on the contract to at least
DIVISION E - 17
three ( 3) certified MBEs and three ( 3) certified WBEs
qualified to provide the item. Include in each notice,
the following minimum information:
1 . bid opening ,date
2 . description of entire project
3 . bidder' s bond requirements
4 . identification of items to be subcontracted
S . engineer' s/architect's estimate of entire project
6 . working days in the contract
7 . other pertinent information
Submit copies of the written notices and signed return
:receipts , or copies of the faxed notices and fax log, as
a part of "good faith effort" documentation.
e. Follow up initial solicitations of interest by contacting
at least fifty percent (50%) of the certified MBEs and
WBEs that were notified to determine with certainty
whether they are interested in performing specific items
of the project. List the name and phone number of each
certified MBE or WBE contacted and the dates of initial
notice and follow up contact.
MBE Follow
or Date Up Phone
Name WBE Contacted Date Number
RM Reyes Electrical MBE 12/22195 1/8/96 (415)587-1632
Cirimele Electric WBE 12/22/95 1/8/96 (415)453-3197
S & L Fence Co. MBE 12/22/95 1/10/96 (408)745-7021
Eldridge Reporter WBE 12/20/95 Source of Advertisement
f. Provide interested MBEs and WBEs with information about
the plans , specifications and requirements for the
selected subcontracting or material supply work. List,
for each certified MBE or WBE to which such information
is provided, the name of the firm, contact person and
telephone number.
Telephone Information
Name Firm Number Provided
g. At least ten ( 10) calendar days prior to bid opening,
request by certified mail, or by fax, assistance from at
least one ( 1) of the following: minority and women
-2-
DIVISION E - 18
community organizations; minority and women contractor
groups; local, state or federal minority and women
business assistance offices (including the Public Works
and/or General Services Department and the Affirmative
Action Office) ; certif,,: ng agencies acceptable to the
County; or other organizations that provide assistance in
the recruitment and placement of Minority or Women
Business Enterprises . For each agency or organization
contacted, list the name of the agency or organization,
the contact person, the date of contact and the response
received, and a copy of the written notice or copies of
the faxed notices and fax log.
Agency/
Organization
Contacted Person Date Response
Minority Business Center 12/22/95 "Reach Letter"
Minority Entrepreneurs 12/22/95 "Reach Letter"
MECA 12/22/95 "Reach Letter"
h. Negotiate in good faith with Minority or Women Business
Enterprises and not unjustifiably reject as
unsatisfactory bids prepared by any Minority or Women
Business Enterprise as determined by the County. List
each MBE/WBE from which a bid was received. If a bid
from an MBE/WBE was not utilized, list detailed reasons .
MBE Bid Awarded
Bid or Dollar Reason( s ) Not To
Received WBE Amount Utilized (Firm Name)
RM Reyes Electric MBE $10,000.00 Bid not low Barrett Electric
i . Where applicable, advise and make efforts to assist
interested Minority and Women Business Enterprises in
obtaining bonds , lines of credit or insurance required by
the County or bidder. For each firm advised or assisted,
list the name of the firm, the contact person and the
date assistance was given.
-3-
DIVISION E - 19
Name
of Contact Assistance
Firm Person Date Given
A bidder should submit the following documentation of "good faith
effort" based on the engineer's/architect's estimate of the
project:
1 . Project between $50, 001 and $100,000 -- submit
documentation for items b, c, d, e, g, h and i .
2 . Projects over $100, 000 submit documentation
for all of the above (items a-i) .
The Contract Compliance Officer reserves the right in appropriate
situations to require documentation of additional items listed
above.
In considering the bidder' s documentation of "good faith effort" ,
the County will consider whether the bidder' s efforts to obtain
certified Minority and Women Business Enterprise participation
could reasonably be expected to produce a level of participation
sufficient to meet the goals and requirements of the County.
Bidders are cautioned that, even though their submittal indicates
that they meet the MBE/WE goals, the lowest three ( 3 ) bidders
should document their "good faith effort" and, within two ( 2 )
working days after bid opening, will submit this information to
either the Public Works Department, Construction Division or the
General Services Department, Architectural Division to protect
eligibility for award of the contract in the event the County' s
review results in a finding that the goals have not been met.
ER; fch
A:\PUBGE#.GDF
REV 9/10/93
-4-
DIVISION E - 20
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510/e3+�6—asa�o �,t ��,d/646-4046
r.NTT'WR GP I TZiT
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GMCONTRAC IOR/SUPPT.XIMI PAcTURER/TitacKKK PRDV XR
i. A,R• Nelson Construction
+ua+r o x ntxa or -
Z. Phase II Kitchen Improvements C 847B Brookside Dr. , ltiohmor►dt � CA_ ..._.,_ -
3.
4. The MmAe rniqued will, perform wvr)c iss Cannectioa with tho above project sa (ChOCk one)s
X_ sale proprietornhip corporation
partnership � is nt venture
Please attach your HER/ME cartification letter or aert,ificate if Av2ltLIAbIS4
B. Check one, of the following:
X WRs SubcoatiractarWSB aobcontracrror
MIME 6uppliam WBI supplier
^_ MS Manutaeturer wag Manufacturer
MRS Truckar Wei Trucker
HER other VU Other
' e,aas eD � eacribe
d. Theu-aderslquod will yerform the following described work in connection with the above
pro jeut (specify i-a detail the pa"icula.r work itea>in or paid® to be perfozmed t
C, ain Link F eAce
7. Total, Bid to Prima Contxaators t 21880.66
@. owner
1./12/96
glia cars c�s�tia a nate
y, Richard Castillo
ie o Fare M- a g T o o- m
1p, 5 & L Fe,nce Company 40S 745-7021
Mhx/M any Name Phone
( 4081, 745-7146
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