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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) . -2- 1 .a 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 lam►Gww Mat MIS b a tn►e end caretoopy of on &am taken and entered on the nonuw of ttta Dow of t3apavwm on the data �Tret�o: PMiL BATCH OR C of Me tward �t3�enleata and AtWpptletratef 1. -3-