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HomeMy WebLinkAboutMINUTES - 06101997 - C11 �e vised THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Order on June 10, 1997, by the following vote: AYES: S4erVi3 1er4l Ca a iilla;'FDeSauln er- :_._NOES: None ABSENT: Supervisor Uilkema ABSTAIN:None SUBJECT: Award of Contract for Drainage Area 57 Detention Basin Primary Spillway, Martinez area Project No. 7538-6D8463-94 Bidder Total Amount Bond Amounts Hess Concrete Const. Co. , Inc. $213,425. 00 Payment: 4484 Hess Dr. $106,712 . 50 American Canyon, CA 94589 Performance: $213, 425. 00 Cimarron Construction Oakdale, CA W.R. Forde Associates Greenbrae, CA Pfister Excavating, Inc. Napa, 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 Chief Engineer on May 20, 1997 ; and The Contract Compliance Officer having reported that the lowest monetary bidder, William G. McCullough Co. ("McCullough") , has attained MBE participation of 11.7% and WBE participation of 0.2%, which does not meet the M/WBE goals for this project (14% and 6%) , the Contract Compliance Officer having determined that McCullough has failed to document an adequate good faith effort to comply with said goals and the M/WBE requirements, as provided in the project specifications, and the Contract Compliance Officer recommending rejection of said bid; and McCullough 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 McCullough's appeal; and The bidder listed first above, Hess Concrete Construction Co. , Inc. ("Hess") , having submitted the lowest responsive and responsible bid, which is $16, 025. 00 less than the next lowest bid; and The Contract Compliance Officer having reported that Hess has attained MBE participation of 14. 6% and WBE participation of 9. 5%, which exceeds the M/WBE goals for this project; and The Chief Engineer recommending that the bid submitted by Hess 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, McCullough, 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 ewe AWARD OF CONTRACT FOR THE DA 57 DETENTION June 10, 1997 BASIN PRIMARY SPILLWAY, MARTINEZ AREA The Board DENIES the appeal filed by McCullough; and The Board FURTHER DETERMINES that Hess, as the lowest responsive and responsible bidder, has exceeded the M/WBE goals for this project and has complied with the M/WBE 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 Hess 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 District 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 District or 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 Hess 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) . Contact: Joseph P. Murphy, (510) 313-2321 Orig. Dept: Public Works Department I fweby am*that this Is a Otte andof Construction Division at action taken and entered on the mwimcoq l: 0oard of Supervlsom on the date shown. 0 -- cc: Public Works Department PHILBATCM o , tiro the board Of Supervisors and County Administrator - Construction Division - Accounting County Counsel Auditor-Controller Hess Concrete Const. Co. , Inc. (Via Const. Div. ) Wm. G. McCullough Co. (Via Const. Div. ) Surety (Via Const. Div. ) S.B.E. 703 Market St. San Francisco, CA 94103-1000 -2-