HomeMy WebLinkAboutMINUTES - 05211996 - D10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 21, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for State Highway
4 Widening (Empire Avenue to Vintage
Parkway) Project, Oakley area
Project No. 4660-6X4013-92
Bidder Total Amount Bond Amounts
Fanfa, Inc. $990, 321.53 Payment:
2401 Grant Avenue $495, 160.77
San Lorenzo, CA 94580 Performance:
$990, 321.53
DeSilva Gates Construction
Dublin, CA
William G. McCullough Co.
Antioch, CA
Bay Cities Paving & Grading, Inc.
Richmond, CA
Teichert Construction
Stockton, CA
The above-captioned project and the plans and specifications
therefor having been previously approved, and bids having been duly
invited and received by the Director of Public Works on April 2, 1996;
and
The Contract Compliance Officer having reported that the lowest
monetary bidder, Joe Carone, Inc. ("Carone") , has attained MBE
participation of 0% and WBE participation of 0.46%, the Contract
Compliance Officer having determined that Carone has failed to meet the
MBE and WBE goals for this project (14% and 6%) and has failed to
document an adequate good faith effort to comply with said goals and
the M/WBE requirements for this project, and the Contract Compliance
Officer recommending rejection of said bid; and
Carone having been notified in writing of the Contract Compliance
Officer's determination, having appealed it to the County
Administrator, as provided in the project specifications, and the
County Administrator having denied Carone's appeal; and
The bidder listed first above, Fanfa, Inc. ("Fanfa") , having
submitted the lowest responsive and responsible bid, which is $7,455.47
less than the next lowest bid; and
The Contract Compliance Officer having reported that Fanfa has
attained MBE participation of 0% and WBE participation of 4.82%, and
the Contract Compliance Officer having reviewed the documentation of
good faith effort submitted by Fanfa and having determined that Fanfa
has documented an adequate good faith effort to comply with the MBE and
WBE goals (14% and 6%) and requirements for this project; and
The Director of Public Works recommending that the bid submitted
by Fanfa is the lowest responsive and responsible bid, and this Board
concurring and so finding;
AWARD OF CONTRACT FOR THE STATE HIGHWAY May 21, 1996
4 WIDENING (EMPIRE AVENUE TO VINTAGE
PARKWAY) PROJECT, OAKLEY AREA
NOW, THEREFORE, the Board finds, determines and orders as follows:
The Board DETERMINES that the lowest monetary bidder, Carone, 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 M/WBE requirements for this project, 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 Carone; and
The Board FURTHER DETERMINES that Fanfa, as the lowest responsive
and responsible bidder, has documented an adequate good faith effort,
pursuant to Public Contract Code Section 2000, to comply with the MBE
and WBE goals and requirements for this project, 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 Fanfa 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 Director of Public Works 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 Public Works has reviewed and found them to be
sufficient, the Director of Public Works 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
Public Works, 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 Public Works 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 Public Contract
Code Section 22300; 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 Public Works or his designee; and
Pursuant to Labor Code Section 6705, the Board FURTHER DELEGATES
to the Director of Public Works 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 Fanfa
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) .
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AWARD OF CONTRACT FOR THE STATE HIGHWAY May 21, 1996
4 WIDENING (EMPIRE AVENUE TO VINTAGE
PARKWAY) PROJECT, OAKLEY AREA
Contact: Joseph P. Murphy, (510) 313-2321
Orig. Dept: PW-Const.
cc: Public Works Department
- Construction Division
- Accounting
County Counsel
Auditor-Controller
Fanfa, Inc. (Via Const. Div. )
Joe Carone, Inc. (Via Const. Div. )
Surety (Via Const. Div. )
S.B.E.
703 Market St.
San Francisco, CA 94103-1000
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