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HomeMy WebLinkAboutMINUTES - 05042004 - C55-C58 TO: BOARD OF SUPERVISORS ; Contra FROM: JOHN SWEETEN, COUNTY ADMINISTRATOR •. Costa DATE: May 4, 2004 County' SUBJECT: Arbitrage Rebate Calculation Agent Contract . SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. APPROVE and AUTHORIZE the County Administrator or his designee to extend the Contract with BondLogistix, LLC for arbitrage rebate calculation services to extend the term of the contract from December 31, 2003 to December 31, 2004. FINANCIAL IMPACT: Arbitrage rebate Calculation agent services are required to calculate rebate liability on various County bond issues. Under federal tax law, this liability is determined for each County tax-exempt bond issue based on the amount of interest earnings ings that have accrued on bond proceedsover time. While the County is allowed to keep interest 'earnings up to the rate of return of the initial band offering, any earnings above this bond rate must be rebated to the federal government every five years. The Capital Facilities and Debt Management staff of the County Administrator's office monitor interest earnings for various County bond issues and periodically orders reports from BondLogistixx so that the appropriate amount of interest earnings can be set aside to pay future rebate costs. Given that the fee associated with a rebate liability analysis is charged out proportionately to various County departments based on their share of the funds from a particular bond issue, the net County cast for this contract are negligible. BACKGROUND The contract in question has$8,725'remaining from the original amended amount of$50,000,which will cover any arbitrage rebate calculation agent services required through December of 2004. At that time, the Capital' Facilities and Debt Management staff will prepare and issue an RFP for an arbitrage rebate calculation agent. CONTINUED ON ATTACHMENT: _x YES SIGNATURE: OMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ROVE OTHER SIGNATURE(S): ACTION OF SrON APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ASSENT rs ► AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE. AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED f v CONTACT: Laura Lockwood JOHNYE TE 1,CLERK F THE BOAR OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: By � �' I� � —DEPUTY .......... ............................................................................................................................................................ . ............................ THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order of May 4,2004, by the following vote: AYES: SMMSORS GIOLk, UnKM, QMMC, DeSMLNM AM GLOM NOES: NM ABSENT: N= ABSTAIN: Nm SUBJECT: Award of Contract for the Rebid to Construct a Labor Delivery Recovery Room at the Contra Costa Regional Medical Center, 2500 Alhambra Avenue, Martinez for the Health Services Department Budget Line Item No. 6971-4631 Authorization No. 0927-V;H63 1 B Bidder Total Amount Bond Amounts RoSa Construction, Inc. $88,810 Payment: $88,810 21286 Mission Boulevard Performance: $88,810 Hayward, CA 94541 Flagg Building Improvements Brentwood Cal Bay Construction, Inc. San Leandro GMI Construction, Inc. Hayward The above-referenced project and the plans and specifications therefore having been previously approved, Addendum No. I having been issued and approved, and bids having been duly invited and received by the Director of General Services on March 18, 2004; and The Contract Compliance Officer having reported that the lowest monetary bidder, Flagg Building Improvements ("Flagg"), submitted a bid which did not demonstrate an adequate good faith effort to comply with the requirements of the County's Outreach Program, and the Director of General Services recommending rejection of said bid; and The bidder listed first above,RoSa Construction, Inc. ("RoSa"), having submitted the lowest responsive and responsible bid,which is $72 more than the lowest monetary bid; and The Contract Compliance Officer having reported that RoSa has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program; and The Director of General Services recommending that the bid submitted by RoSa 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 bids submitted by the lowest monetary bidder(Flagg) is non-responsive for failure to comply with the project specifications and requirements of the County's Outreach Program, REJECTS said bid, on those grounds, and ORDERS that their bid bond be exonerated; and The Board DETERMINES that RoSa, as the lowest responsive and responsible bidder, has demonstrated an adequate good faith effort, pursuant to the specifications for this project, to comply with the requirements of the County's Outreach Program, and the Board WAIVES any irregularities in such compliance; and The Board, therefore, ORDERS that the contract for the furnishing of labor and materials for said work is awarded to RoSa at the listed amount and at the prices submitted in said bid, and that said contractor shall present sufficient payment and performance surety bonds as indicated above, and that the Director of General Services, or designee, shall prepare the contract therefor; and HA2003\2M0324N031,024062b.doe 1 of 2 Award of Contract for the May 4, 2004 REBID TO CONSTRUCT A LABOR DELIVERY RECOVERY ROOM AT THE CONTRA COSTA REGIONAL MEDICAL CENTER, 2500 ALHAMBRA AVENUE,MARTINEZ FOR THE HEALTH SERVICES DEPARTMENT 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, or designee, has reviewed and found them to be sufficient, the Director of General Services, or designee, 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, or designee, 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, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retention into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Section 22300 of the Public Contract Cade; 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 designee; and The Board FURTHER ORDERS that the Director of General Services, or designee, is authorized to execute any changes to the contract pursuant to Section 20142 of the Public Contract Code; and The Board DECLARES that, should the award of the contract to RoSa 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 successffil bidder establishes a mistake, refuses to sign the contract or fails to furnish required bonds or insurance in accordance with Public Contract Code Sections 5100-5107. Orig. Dept. General Services Dept. - Capital Projects Management Division cc: General Services Department Capital Projects Management Division Accounting CPM File: 250-0324/B.4.4 250-0324/A.5 County Administrator's Office County Counsel Contract Compliance Officer(via CPM) Auditor-Controller RoSa Construction, Inc. (via CPM) Surety(via CPM) Bahr Architects (via CPM) JC:tb I hereby certify that this is a true s,nd correct copy of an action taken and entes�rcd on the minutce of the Board of Supervisors on the date shown. JOHN Sly EETF-?O .�Cletk ol the 8oard of SYPOASOrs and County Ad n 116trator By `.- u. ,, ... Deputy H A200312500324103 L0240G2b.d oc 2 of 2 �- OSTA COUNTYf, F e ' s epartrnent Barton J.C�Ibert AGEMENT j`'Y f Director Michael J.Lango £ •» r Deputy Director Rob Lim, PE DATE: May 4, 2004 Manager TO: Board of Supervisors FROM: Barton J. Gilbert,Director of General Services SUBJECT: CONTRACT AWARD RECOMMENDATION Bids for the REBID TO CONSTRUCT A LABOR DELIVERY RECOVERY ROOM AT THE CONTRA COSTA REGIONAL MEDICAL CENTER, 2500 ALHAMBRA AVENUE, MARTINEZ FOR THE HEALTH SERVICES DEPARTMENT were received and opened at the County Capital Projects Management Division Office on March 18,2004. The Contract Compliance Officer has reported that Flagg Building Improvements ("Flagg") of Brentwood, who submitted the lowest monetary bid of$88,738, did not document an adequate good faith effort to comply with the requirements of the County's Outreach Program. For this reason, it is recommended that Flagg's bid be rejected as non-responsive and that their bid band be exonerated. It is recommended that the Board of Supervisors award the construction contract to the lowest responsive and responsible bidder, RoSa Construction, Inc. of Hayward, who has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program, in the amount of$88,810. The Consulting Architect for the project estimated the probable construction cost to be$126,000. Other bids received: Base Bid Cal Bay Construction, Inc. $107,185 San Leandro GMI Construction, Inc. $109,000 Hayward cc w/attach.: County Administrator's Office County Counsel; Clerk of the Board(w/bids) Contract Compliance Officer File: 250-0324/B.4.4 t-A2oa3125Uo324\03L024flslm.doc rc:tb THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order of May 4,2004,by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUBJECT: Award of Contract for the Rebid to Construct a Labor Delivery Recovery Room at the Contra Costa Regional Medical Center, 2500 Alhambra Avenue, Martinez for the Health Services Department Budget Line item No.6971-4631 Authorization No.0927-WH63IB Bidder Total Amount Bored Amounts RoSa Construction,Inc. $88,810 Payment: $88,810 21286 Mission Boulevard Performance:$88,810 Hayward,CA 94541 Flagg Building Improvements Brentwood Cal Bay Construction,Inc. San Leandro GMI Construction,Inc. Hayward The above-referenced project and the plans and specifications therefore having been previously approved, Addendum No. I having been issued and approved, and bids having been duly invited and received by the Director of General Services on March 18,2004;and The Contract Compliance Officer having reported that the lowest monetary bidder, Flagg Building Improvements("Flagg"), submitted a bid which did not demonstrate an adequate good faith effort to comply with the requirements of the County's Outreach Program,and the Director of General Services recommending rejection of said bid;and The bidder listed first above,RoSa Construction,Inc.("Rosa%having submitted the lowest responsive and responsible bid,which is $72 more than the lowest monetary bid;and The Contract Comppliance Officer having reported that RoSa has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program;and The Director of General Services recommending that the bid submitted by RoSa 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 bids submitted by the lowest monetary bidder(Flagg)is icon-responsive for failure to comply with the project specifications and requirements of the County's Outreach Program, REJECTS said bid, on those grounds, and ORDERS than their bid bond be exonerated;and The Board DETERMINES that RoSa,as the lowest responsive and responsible bidder,has demonstrated an adequate good faith effort, pursuant to the specifications for this project, to comply with the requirements of the County's Outreach program,and the Board WAIVES any irregularities in such compliance;and The Board, therefore, ORDERS that the contract for the furnishing of labor and materials for said work is awarded to RoSs.at the listed amount and at the prices submitted in said bid,and that said contractor shall present sufficient payment and performance surety bonds as indicated above,and that the Director of General Services,or designee,shall prepare the contract therefor;and "A2003W00324103L024062bAoc tof2 C-940) Award of Contract for the May 4, 2004 REBID TO CONSTRUCT A LABOR.DELIVERY RECOVERY ROOM AT THE CONTRA COSTA REGIONAL MEDICAL CENTER, 2500 ALHAMBRA AVENUE,MARTINEZ FOR THE HEALTH.SERVICES DEPARTMENT The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together with the bands as noted above and any required certificates of insurance or other required documents, and the Director of General Services,or designee, has reviewed and found them to be sufficient, the Director of General Services, or designee, 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, or designee, 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, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of` retention into escrow or the substitution of securities for moneys withheld by the County to ensure per'f'ormance under the contract,pursuant to Section 22340 of the Public Contract Code; and pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public Contract Cade Sections 4107 and 4110 to the Director of General Services,or designee; and The Board FURTHER ORDERS that the Director of General Services, ,or designee, is authorized to execute any changes to the contract pursuant to Section 20142 of the Public Contract Code; and The Board DECLARES that, should the award of the contract to RoSa 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 in accordance with Public Contract Code Sections 5100-5107. Orig. Dept. General Services Dept. - Capital Projects Management Division cc: General Services Department Capital Projects Management Division Accounting CPM File: 250-0324113.4.4 254-03241A.5 County Administrator's Office County Counsel Contract Compliance Officer(via CPM) Auditor-Controller RoSa Construction, Inc. (via CPM) Surety(via CPM) Bahr Architects(via CPM) JC:tb �; Ql111t Ad'Cl"llnlStCcttC!" coarct of slenrtaors ContraJoM Wolsk County Administration Buddingl*District 651 Pine Street,11th Floor Costa Gayle B.Uiikema Martinez,California 94553-1229 VDistrict (925)335-1080 County (925)335-1098 FAX 3"'District M#ttstrict Greenberg Bohn Sweeten _ Mark DeBaulnter County Administrator 't #s' 41District pL „am federal D.Glover 5"'District April 29, 2004 Via Fax and Certified Mail/Return Receipt Requested Flagg Building Improvements 1420 Central Blvd. Brentwood, CA 94513 Attention: Ms. Diana L. Bonnett, General Manager Re. Appeal Letter of April 20, 2004 - Labor Delivery Room at Contra Costa County Regional Medical Center(CCRMC) Dear Ms. Bonnett: Your April 20, 2004 letter of appeal and the additional information sent to Emma Kuevor, Affirmative Action Officer,was forwarded to this office. The issues raised in your appeal have been carefully reviewed and compared to the requirements and indicators contained in Division E (Outreach Program) of the bid specifications. Indicator#4 (Advertisement) We acknowledge that your advertisement for sub-bids from interested business enterpriseswas submitted. However, your advertisement did not include your company policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. In addition, the document you submitted (Attachment 1), published February 24, 2004, and the document you submitted with your appeal letter, April 20, 2004 (Attachment 2) are different. We can only evaluate the original advertisement submitted as part of your good faith effort documentation, not a sample submitted as part of your,appeal. The document submitted with your appeal letter, which we are unable to consider, does not appear to be an advertisement, but rather a solicitation to subcontractors, which would not satisfy Indicator 4 in any event. Indicator 5 Written Notice to,Subcontractors) The required documentation for Indicator 5 Includes a copy of the written notice to subcontractors, as well as fax confirmations, metered envelopes, or certified mail receipts to verify the sending/delivery of the written notice. Any of these listed methods (fax, metered mail or certified mail)will satisfy the requirement. Regardless of the method used to deliver the notice to subcontractors, your notice did not contain the required elements as set out in Indicator 5. Your letter acknowledges that you did not follow up your initial solicitation with all firms according to the specification requirements and suggests that the Affirmative:Action Officer should advise you of the minimum number of companies to be contacted to comply with Indicator 5. There is no minimum or maximum number of companies that must be contacted. Each bidder must make its own determination of how many companies to contact. A reasonable number of contacts will differ based on the project, the amount and type of work available to be subcontracted and the number of available subcontractors. Regardless of the number of contacts, the specifications are clear--that bidders must follow up with each subcontractor initially contacted to comply with Indicator 6 (Follow- up on Initial Solicitation). Indicator 8 (Contacted Recruitment/Placement Organizations} Your company's good faith effort was also deficient because you did not submit documentation verifying that you requested assistance from organizations providing assistance in the recruitment and placement of MBEs, WBEs, OBEs, S'BEs, LBEs, and DVBEs. You, therefore, did not receive credit for this Indicator. Prior Contract awards to Flagg In reviewing the files, our records show Flagg has been awarded contracts for several County projects. Among these were two projects awarded to you in 2002 (Richmond Health Center Pharmacy Relocation and 121 Floor Remodel of the County Administration Building). In both cases, lower monetary bidders were passed over due to their failure to document an adequate good faith effort as required by Division E, and in both cases Flagg was awarded the contract. Conclusion The project specifications expressly provide that failure to comply with Division E (the County's Outreach Program) may render a bid non-responsive. Based upon our review of the issues raised in your appeal , we must agree with the determination made by the Affirmative Action Officer in her letter to you, dated April 19, 2004 and plan to -2- recommend that your bid be deemed non-responsive, and that the contract be awarded to the next lowest bidder (RoSa Construction, Inc.). The contract for this project will be considered for award by the Board of Supervisors at its meeting on Tuesday, May 4, 2004,which begins at 10:00 a.m., in Room 107 at 651 Pine Street, Martinez. 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 April 20, 2004 letter. Very truly yours, Scott and Chief Assistant Co my Administrator cc: Barton J. Gilbert, Director, General Services Department Silvano Marchesi, County Counsel Rob Lim, Capital Projects Manager, General Services Department Attachments -3- 6fir AA__ Page 1 of i Regis Communications !Construction Bird Source Interactive Trane and Focus Publications-DSE1M8EfW8E1Dv8E advertisement Date of Advertisement 0212412004 Flagg Building Improvements An Equal Opportunity Employer, is requesting quotations from all qualified DBE MBEWBEWBE sub-contractors and material suppliers for the following project: Construct A Labor Delivery Recovery Doom at the Contra Costa Regional Medical Center, Martinez, CA 2500 Alhambra Avenue, Martinez, CA Location: Contra Costa county/region For Contra Costa County Bid Date: 0311512004 at 04:00 PM This request includes the following: Carpentry, ceiling, plumbing, fire sprinkler, electrical, medical Bass and air, painting, flooring and selective demolition. Bid documents can be viewed at or obtained from: Purchase plans at Contra Costa County or for view in our office. Prevailing wages apply. Flagg Building Improvements 1420 Central Blvd Brentwood, CA 94513 + Phone: 925-516-2206 Fax: 925-516-1102 Shelby Pereira shelby #lagbuilding.com Published on 02/24/2004 by Regis communications/ Construction Bid source interactive,Trade and Focus Publications located at http://www.ragis-usa.com Phone:1-800-962-4182 Fax:209.772.3573 This solicitation Ad will run in both publications until the bid date CBSI Home Pace MAR 0 8 ?:0,04 JBY J http://renis-usa.corn/mbeadDetaii.asv?AdIDNumber-1879 Attathment 1 2/26/2004 (}eneral Contractor x License No. 621004 Building Flaggimprovaments c.nar�tt c�ntrsccori REQUEST FOR. PROPOSAL/ INVITATION TO Blij An (EC7t) intend; to with qua II ricd Sub Bids on All Trades from Qualified Subcontractors and suppliers inc:lwlhnt certified MMI)MV112 and LBB ror: LABOR DEEfVVr.RY k c��.. BOOM vL 2500 Alhambra Avenuc, IMartincr, Contra Costa County Bids Due -- March 15, 2004 by 4:00p.m. BIDS RECEIVED AFTER THIS DAY MAY NOT BE ACCEPTED We do not,shop bids but treed rime to review. General Statement of Work/Sul) Work Available: Carpentry, ceiling, � • plumbing, fire sprinkler, electrical, iTiedical gas and air, painting, wall covering, doors and hardware, flooring and selective demolition Plans available; • Purchase plana at Contra Costa County • For view in our cif{icu please call Our 0111ce It (925) ,16-2206 -- Ask Cor Shelby to set tip time or suttee tracks may be able to have plans faxed or reduced sets may he mailed to scriously itttereste d bidders only. ............_.� F'LAGG BUILDING [MI'l2OVEMENTS 1420 Central Blvd., Brentwood, CA 9451;3 (92 16-2206 (925) 516-110 s Dail wool 1'tc ttil'tn761� , Nci'l�c�ndlO401' ',I)CCiul i+1tiur.tticc t'ccltitiretttcttt,�(��t �rul - C`kmtra t Attachment 2 NOTES FROM CONTRA COSTA COUNTY VISIT/FILE ACCESS 4/30/04 1 reviewed two files, the 651 Pine Street 12th Floor Remodel—we were second place bidder but were awarded the project and Richmond Pharmacy Relocation — we were third place bidder and were again awarded the project. They refused to allow me to see the current job file, Labor/Delivery Room at CC Hospital, which according to their governing law supersedes the Public Contract Cade whereby the filed does not become public until after award. Here's an overview of what I learned -- Pine Street: Englinger was low bidder--$58,080 Their good faith consisted of a Pacific builders ad, with no EEO, nor bond or insurance statement; Five (5) only faxed requests to subs Phone record, which was a statement from them that each follow up was, either a busy signal or an answering machine No spread sheet comparing bids No copies of Sub bids A May 21 letter from CCC to Engindger stated that They did not attend the pre-bid meeting Ad was not posted 10 days prior to bid date Failed to list areas of work for subs Failed to request assistance from Organizations There is a handwritten evaluation (which appears to be by Emma) giving them 71 points. FBI was second — Younger Wunar was third and submitted no good faith CIE was fourth at$79,800 but was not asked for good faith Affirmative Action Form Analysis— By Emma dated May 21 Item Englindger Rating FBI Rating Attend Prebid 0 10 Sufficient work for subs 13 13 Advertisement 0 9 Written Notices to subs 0 10 Follow up with subs 10 10*** Advise subs of plans/specs avail 5* 5 ...................................... Contact placement agency 0 10(calptac only no subnet) Negotiated in good faith 26** 26 Bonds, lines of credit etc 7* 7 fit pts 'IOD pts *the ad was not good so how could they get points for advising location of plans and specs and same applies for bonds, lines of credit **Received full 26 points when they show no competition for the three major subs (whereby they are saying they g4no other bids)for flooring, doors and drywall. ***NOT ALL SUSS WERE CALLED ONLY 213 BUT WE WERE GIVEN ALL POSSIBLE POINTS A separate document with no date relays to the General Services Department that we had only 78 points. Richmond Pharmacy Relocation. Low CBD $102,300 2"d Younger Wunar $107,500 3`d FBI $121,727 NOTE: There is a letter to the Board of Supervisors by Barton Gilbert dated May 28, that states CBC complied with adequate good faith and WAIVES (in bold) any irregularities in their outreach. — Not sure why this didn't fly with the Board of Supervisors -there's no documentation. June 14 a letter was sent to CBC stating they did not comply with outreach (we were cc'd so should have a copy in the file) July 1, a letter to Younger Wunar was sent stating they did not comply with outreach (we were ce'd so should have a copy in the file) --Younger Wunar appealed and it was denied. You will also note there is a memo that Younger had not turned in their good faith within the three days but CC accepted and went through the evaluation/letter writing process. (Bids were due 519 and as of 5/15 Younger had not provided outreach) There are two undated summaries of evaluation stating: FBI 83 points, CBC 0, Younger 0 FBI 80 points, CBC 0, Younger 0 There's a sticky on this form from a Pam who rates FBI 90 Affirmative Action Form Analysis - By Emma dated May 17 +10 Item CBC Rating FBI Rating Attend P'rebid 0 10 Sufficient work for subs 0 13 Advertisement 0 9 Written Notices to subs 0 10 Fallow up with subs 0 0 (none by us) Advise subs of plans/specs avail 0 0* Contact placement agency 0 0** Negotiated in good faith 0 26 Bonds, lines of credit etc 0 7 0 pts 80 pts; *States "no document submitted" but there is a Regis trade and focus ad copy printed within guidelines. There is also a Ca1PTac ad. **Recruitment has CalPTac next to as comments but no points for this. We also submitted documentation of assistance by SubNet and CA DGS. There is a "draft" of this AA Form hand filled out by Emma giving us 54 points total—it appears to then go to Pam (?) for review that put us at 80 and then 90+10 As you can see clearly they are rating these on a whim with no consistency— We don't knew our points yet for Labor/Delivery. What I know is that we can get a look at the file"after award". We cannot look at the file if there is pending litigation. I suggest we appeal to the Board of Supervisors on May 4 — 10:00 am and view the file that day if they award to Rosa. I have asked John Robinson of ABG to help us investigate the protest process if the Board of Supervisors makes the award. Thoughts? 40000 April 29, 2004 Fax&Certified 70031010000296978700 Mr. Scott Tandy Contra Costa County Office of the County Administrator 651 Fine Street, I& Floor Martinez, CA 94553-1229 RE: Labor Delivery Room at CCRMC Dear Mr. Tandy: We are in receipt of your letter and briefly provide the following comments: Indicator 4: You are correct that the advertisement in Regis omitted our policies on bonding and insurance it covered every other aspect. Our advertisement placed with Blue Book, MBDA and California DGS did not omit ease items. However, keeping in mindthe requirement of Division E states "it should Include „ bond, lines of credit etc." not"It must..." as it does in the first line of the Note regarding the advertisement specks (i.e. project location) and further as stated in the last line of this same paragraph--copy which is attached and highlighted --our advertisement in no way excluded or Limited the number of potential respondents as represented in our letter of April 20, 2004. To say our advertisement is different is incorrect--there were two separate advertisements submitted. (9 possible points) Indicator 5: You state we did not provide proof -we provided copies of phonelfax records and even wrote the company's name next to the fax/phone number as requested. Yes, we called over 57% not 100%. Our ad provided to these phonetfax covered our policies on bonding and insurance. Therefore are you stating we lost all points? (10 possible points) Indicator 6: States provide documented efforts to follow-up on initial solicitations. We provided this as noted in Indicator 5 above (10 possible points) Indicator 8: We contacted the Minority Business Development Agency nand placed an ad more than 16 days prior to the bid due date, which you were given a copy of the ad and Mr. Will Houston of MDBA has called Emma Kuevor to confirm this ad. We also contacted The Blue Book and placed ars ad, which supports the placement of these businesses types as listed. We further contacted California DGS--they are on your list—they do not place ads but we www.flagtL uilding.com Lie. #621004 (925)516-2206 ph were able to download their list and utilized this list in faxing/phoning. (You have copies of all of this information.) - How can we have no points for this? (10 possible points) It seems to me that your pointing system is very subjective whereby allowing the evaluator to give a possible of 1 to 10. You also state in your letter that you do not take good faith information/clarification as part of the appeal but take good faith documentation after the original submission, why is there a difference? Prior Awards: We have not changed our steps, contact companies or any other processes since the implementation of this good faith program by Contra Costa County in 1997 and have won not just the two projects mentioned in your letter but several others with the same good faith documentation (or every less) than provided with this job. We have clearly reviewed the specification books (particularly Division E) of these previous awards and there has been no change in requirement. Further Emma Kuevor confirmed this inquiry. We are sure this prior good faith and outreach performance is very relative to the steps taken to consider us for this project. To find us non-responsive is not possible— as stated in our April 20 letter and in the foregoing we believe that we are entitled to award of this project. Additionally we asked specific questions in our April 29 letter which you have failed to answer (How we were rated, Emma Kuevor's statement that we were discounted points for not sending our invitations certified mail, our point total, etc...), therefore we are attaching a CA Public Records Request for this information as well as additional information to assist us in further evaluation of our claim. Thank you for your time and we look forward to your prompt response to this information. Regards, Flagg Building Improvements Diana L. Bonnett General Manager Cc: John Sweeten, County Administrator Barton J. Gilbert, Director, General Services Department Silvan Marches, County Counsel Rob Lim, Capital Projects Manager, General Services Dept. John Robinson, President, ABC Governors Office of the Small Business Advocate www.flaggbuildinq_com Lic. #621004 (925)516-2206 ph t Board of Supervisors Re. item C.56 We do not agree with the recommendation of the award of contract to RoSa Construction as the lowest responsible bidder for the Labor/Delivery Construction at CCC Regional Medical Center for the following reasons: 1. Flagg Building Improvements has review previous CCC AAO files and found inconsistencies in rating under good faith 2. FBI met the requirements of the good faith/as we have always done since the implementation of the program in 1998 3. The affirmative action office has been uncooperative and evasive as to the rating of FBI; Did not recognize or award points for using programs for assistance such as the MBDA, SubNet by SBA, The Blue Book and CA DGS 4. Verbally denied our written request to see our rating; promised in writing but did not receive 5. If awardedto RoSa , a protest will be filed. CONS10mm. April 29, 2004 Fax&Certified 70031010000296978700 Mr. Scott Tandy Contra Costa County Office of the County Administrator 651 Pine Street, I& Floor Martinez, CA 94553-1229 RE: Labor Delivery room at CCRMC Dear Mr. Tandy: We are in receipt of your letter and briefly provide the following comments: Indicator 4: You are correct that the advertisement in Legis omitted our policies on bonding and Insurance it covered every other aspect. Our advertisement placed with Blue Book, MBDA and California DGS did not omit these Items. However, keeping in mind the requirement of division E states"it should' Include , bond, lines of credi were able to download their list and utilized this list in faxing/phoning. (You have copies of all of this information.) - How can we have no points for this?(10 possible points) It seems to me that your pointing system is very subjective whereby allowing the evaluator to give a possible of 1 to 10. You also state in your letter that You do not take good faith information/clarification as part of the appeal but take good faith documentation after the original submission, why is there a difference? Prior Awards: We have not changed our steps, contact companies or any other processes since the Implementation of this good faith program by Contra Costa County in 1997 and have won not just the two projects mentioned In your letter but several others with the same good faith documentation (or even less)than provided with this job. We have clearly reviewed the specification books (particularly Division E) of these previous awards and there has been no change in requirement. Further Emma Kuevor confirmed this inquiry. We are sure this prior good faith and outreach performance is very relative to the steps taken to consider us for this project. To find us non-responsive is not possible— as stated in our April 20 letter and in the foregoing we believe that we are entitled to award of this project. Additionally we asked specific questions in our April 20 Tetter which you have failed to answer(Now we were rated, Emma Kuevor's statement that we were discounted points for not sending our invitations certified mail, our point total, etc...), therefore we are attaching a CA Public Records Request for this information as well as additional information to assist us in further evaluation of our claim. Thank you for your time and we look forward to your prompt response to this information. Regards, fig �e�iJdtn v ant Diana L. Bonnett General Manager Cc: John Sweeten, County Administrator Barton J. Gilbert, Director, General Services Department Silvana Marches, County Counsel Rob Lim, Capital Projects Manager, General Services Dept. John Robinson, President, ABC Governors Office of the Small Business Advocate w w.f1aggbui!4ing:com Lic. #621004 (925)516-2206 ph DIVISION E. Outreach Program/Mandatory Subcontracting Mininwn>lAffrtnative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater r4_1 ADVERTISEMENT 9 points �r Not less than ten (10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific Builder, or the Small Business Exchange. Re umenta : A c vertisement and a licatid ent or ther veri illation which co s the date the isement published. Note: The adve9is!riient must be specific to the ro'ect, not generic, and may not be a plan holder advertisement providecby the publication. It sliciu include the County project mine, name of bidder, areas of work available for subcontracting, an a contact person's name and telephone number, information on the availability of plans and specifications and the bidder's ' policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. Consideration will be given to the wording of the advertisement to ensure that it did f not exclude or seriously limit the number of potential respondents. �- f O U I°I'II Rte+ 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, 'MES, OBEs, SBEs, L.BEs, and DVBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten(10)calendar days prior to the date the bids are required to be submitted. Required Documentation: A copy of each letter sent to available MBEs, VWBEs, OBEs, SBI s, LBEs, and DVBEs for each: item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. .Faxed , copies must include the fax transmittal confirmation slip showing the date and time of\Y�7 transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name o the bidder;contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance;with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph D.1 above to obtain current copies of MBEIW BE directories for listings of certified MBE/WBE firms.) 6 FOLLOW-UP C)IV IN�'I`IAL SULICI'I'A`I'IC?I�l 10 PoinEs 14�Ltlft3l2500324103LO24048x.doc (Rev. 2/22102) DIVISION E - 9 Apri130, 2004 Ms. Pat Burke Mr. Scott Tandy Contra Costa County once of the County Administrator 651Pine Street, 10' Floor Martinez, CA 94553.1229 RE: Public Contract Act Request—California Government Code 6251 Dear Ms. Burke and Mr. Tandy: This shall serve as a courtesy notice that under the Public Contract Act California Government Cedes 63251-6523 Flagg Building Improvements will be in your offices today during regular business hours to access the files that contain the outreach and award information for the Contra Costa County Department of General Services`following projects: 0927-WH631 B—CC'RMC Labor/Delivery Roam (Bid and Rebid Files) 0927 WS1B Richmond Health Center Pharmacy Relocation 0928-WH176K-12th Floor Remodel-County Administration Bldg If for some reason these records are not available today at 10:00 am in the morning, please contact me immediately to discuss an alternate time. I can be reached at(925)516.2206. Thank you. aids, FIV uildirtg I rovements Dian onn General'Manager www.flactgbuildinp.com Lic. #621004 (925)516-2206 ph FLAGG BUILDING IMPROVEMENTS GENERAL CONTRACTOR LIC. #621004 April 20,2004 BRENTWOOD,CALIFOOMA 94513 (925)516-2206 PLEASANTON(925)427-1605 ACT 1 .Ji,":1 Ms. Emma Kuevor Via Fax: 925-646-1353 APR 2 2 2004 Affirmative Action Office Certified Mail#70021000000572498278 Contra Costa County 651 Pine Street, 10'h Floor Martinez, CA 94553-1229 RE: Construct a Labor Delivery Room at the Contra Costa Regional Medical Center,2500 Alhambra.Avenue, Martinez-APPEAL Dear Ms. Kuevor: We are in receipt of your letter dated April 19, 2004 regarding the good faith documentation submitted by our firm and would like to address the following issues: In Paragraphs 1, 2 and 5 you state the same reasons for denial—but you will note that in our request to the MBDA and advertisement with Blue Book state no bonds are required by the subcontractors. The MBDA ad also offers assistance for bonding, bid prep, finance etc (please see attached a copy of some sample ads just like the one we placed). The advertisement faxed and e-mailed (copy attached) again addresses these issues. The only item, which it was inadvertently omitted, was in the Regis Ad. You will also note that Contra Costa County has no special insurance requirements on this project(such as a waiver or subrogation, all-risk etc.) of the General Contractor so its not feasible for Flagg Building Improvements or any other bidder to expect to pay this non-existent cost of a subcontractor. As a licensed construction trade company for the State of California,they must carry the minimum insurance to operate a business. All subcontractors before consideration or rejection are verified through the CSLB to have the minimum insurance requirements; we can't use them if this is not in place. Flagg Building Improvements doesnot offer lines of credit, never has and never have addressed this issue in any ad for Contra Costa County or any other agency. The second line of item 2 states that notices were not provided by one of the "acceptable methods" - We searched the specification book and cannot find that there is any form of notification that is "more acceptable than another"—please further explain in writing or identify where this item is located and how you determined a point deduction on this factor. Page 2of April 20, 2004 Item 3,states we did not follow up on all firms. You will note and as we discussed,we solicited directly via email and/or fax over 130 firms. We followed up with calling 69 firms. Again, as we explained to you, some firms were determined after notification that they were too far from the site,had a discipline not applicable to this particular job,were a competitor(or General Contractor)or would be performing the scope of work that was later identified to be completed by Flagg Building Improvements. Yes, we did not contact all, but are you stating we are loosing all points or that we should just contact fewer subcontractors to minimize opportunities in order to maximize points? When we inquireddirectly to you the minimum number of companies we needed to contact, you refused to give us an answer. Item 4,our request with the Blue Book went not only to the companies we selected but as a condition of using this program,they are allowed post our ad to all companies. (If you are not familiar, The Blue Book provides bath free and paid advertisement for all disciplines of construction—therefore reaching out to all construction firms in the Northern California Region no matter their certification status or lack there of.) secondly we did submit a request to the MBDA who then identifies and solicits firms also throughout Northern California, which have certifications in all disciplines. And lastly, we obtained a listing from the State of California, DGS to utilize for the recruitment of firms via email and fax. Emma, as you may know and as stated in your project manual the Bidder must take affirmative steps... and will be determined by level of effort put into achieving the indicators. Being a MBE, WBE, SDBE, SBE, LBE our goal is always to take steps to achieve 100 points. We have worked successfully with Contra Costa County's Affirmative Action Program since its inception and have, since 1997,completed at least six projects under this program which you verified has not changed and again, our good faith was completed for these six projects just as it was with this particular one. In fact, we were afforded a job in 2003 being the third bidder based'on performing the same or good faith set forth in this project. We cannot fathom why you have come to the conclusion as provided in your letter and are truly shocked as we look over copies of previously approved good faith packages accepted by your division. We can only surmise that some sort of error has been made and request that you re-evaluate the documentation provided. We also request that you provide to us the "calculation" of our firm's points. (Since only 75 are required, we are entitled to see your"deductions"). www.flagp,buildinp,.com Lic. 4621004 (925)516-2206 Page 3 of 3 April 20, 2004 Lastly, Emma you stated in our phone conversations that"Flagg didn't do things the way other contractors do" and I am not sure what that meant. Ibelieve your tone and phone call came across very adversarial,which concerned,my office and me and seemed as though your division was looking for a way to disqualify our firm. I am sure that is not the case but again appeared to be handled in that manner. We believe in the Good Faith Program as a good opportunity to provide work to small, disadvantaged,minority, etc. firms. Our company holds and has held for the past four years a position on the SBA 8(A)/SDB board working,among other things to ensure these types of programs continues. We don't take the easy route, we take a reasonable and proactive route to meeting our client's goal as we did and have always done for Contra Costa County General Services. We also believe the program is about an equal balance of Good Faith but also keeping the costs of these programs within reason for the bidders. As you mentioned--your preferred method is certified mail—well our response to that is --why? At$4.42 per piece (not to mention killing trees) is it a better program to mail minimal letters out or to utilize the less expensive yet equally as reliable communication methods? When we spoke I got the feeling that it really wasn't about getting opportunities out - it was about a process which is unfortunate because we truly believe the Contra Costa County Board of Supervisors and everyone at Contra Costa County wants it to be about opportunities. Thank you for you time and we look forward to the prompt receipt of the requested items. Sincerely, 4GG BUILDING I1t QTS Diana nnett General Manager Cc: John Sweeton,'County Administrator Scott Tandy, Chief Asst. County Administrator Barton J. Gilbert, Director of General Services Silvano Marchesi, County Counsel Memory Woodard, Associated Builders and Contractors wi4f19104 letter&attach Will Houston, MBIA w/letter& attach www.flagizbuildinv-.com Lic. #621004 {925}516-2206 i ii - pp h �ll�i Page I of'2 Close Opportunity > Offer Overview Company List Add A Company Search For Company Logout Offer Overview Flagg Building Improvements The following is a summary of the information you have submitted into the Opportunity Database. If you would like to add or modify any of the information below, please click the"Edit" link corresponding to the section you would like to edit. Please keep in mind that for your Opportunity to be complete and active, you must complete the Contact Information, Offer Information (with today's date falling between the open and close dates), Bond Information, Location Information, as well as supply at least one SIC or NAILS code. * Required Fields OPPORTUNITY STATUS Current Status: Active OPPORTUNITY INFORMATION [Edit) * First Name: Shelby * Last Name: Pereira Telephone: 925-516-2206 Fax: 925-515-1102 Email Address: shelby@naggbuiidir,.g.corn * Date open. February 26, 2004 * Date Closed: March 15, 2004 * opportunity Title: Labor Delivery Recovery Room, Martinez, CA Solicitation ID: 0927-WH631B * Contract Value Amount: $126,000.00 * Estimated Contract Duration: I - 3 Months Offer Description: General Statement of Work/Sub Work Available: Carpentry, ceiling, plumbing, fire sprinkler,electrical, medical gas and air, painting, wall covering,doors and hardware, flooring and selective demolition. * Keywords: Construction * Bond Request: No Bond AmounX: if Not Specified * INDUSTRY CODES (Edit) NAILS: 23542 - Drywall, Plastering, Acoustical, and Insulation Contractors SIC: 1731 - Electrical Work 1711 Plumbing, Heating and Air-Conditioning 1752 Floor Laying and Other Floor Work, NEC 1795 Wrecking and Demolition Work itttp://www.inbda.gov/index.efni?fLiseactl()11= 1)1).oppOverview&set v=bWJ1X21kPT 2/27/2004 MIMA Opporttlllity Page 2 oft 3442 - Metal Doors, Sash, Frames, Molding and Trim 1751 Carpentry Work 1721 Painting and Paper Hanging LOCATION INFORMATION (Edit) Antioch, California USA Alamo, California USA Benicia, California USA Brentwood, California USA Byron, California USA L ? � Clayton, California USA Concord,California USA L' Danville, California USA Dixon, California USA Dublin, California USA Fairfield, California USA Hercules, California USA Isleton,California USA Lafayette, California USA Livermore, California USA Lodi, California USA Los Gatos, California USA Manteca, California USA Martinez, California USA /1" Milpitas, California USA Pittsburg, California USA Pleasant Hill, California USA y Pleasanton, California USA Richmond, California USA f� / Rio Vista, California USA San nose, California USA Return to Company Details Thank you for participating in the Minority Business Development Agency's Opportunity program. lstill://tivW�%-Ill bda,gov/index.cfin?fuseaction=opp.oppOvervIe�v&set v=bWJ1X21kPTM2M... 2/27/2004 Dbonne fiaggbuildingxom 1 From: oppmatctl@mbda.gov Sent: Tuesday, Aprll 20, 2(7(34 7:15 AM . To: 19255161102 Subject; Contract Opportunity!turn MBPA:Opportunity Matching Prograrrrn The United States Department of commerce Minority Business Development Agency has identified the .following possible Contract Opportunity for your business: ESTIMATED VALUE: LOCATION: SAN P'EDRO,CA OPEN DATE: 09-APR-04 CLOSE DATE: 28--APR-04 REP#: 2631 COMPANY: John S. Meek Company, Inc. PHONE: 3108306323 FAX: 3108352163 E-MAIL ADDRESS: OFFER DESCRIPTION: Port of Los Angeles, Harbor Department: Berths 93C-94 Boardwalk This opportunity has been referred based on information provided by the public and contained in MBDA Phoenix and Opportunity database. Neither the United States Government,the Department of Commerce, nor the Minority Business Development Agency warrants the accuracy or validity of this information. We urge you to exercise due diligen n acting o .. ?n f o rma t ��..�.------"- lease v nta^t the company listed above. Then, mon=act the MBDA Regional office nearest you if you need assistance with finance, ` d pr-o-mrat.ion, bonding, or other services relata no this opportunhj�. MBDA Atlanta Regional ice: 4) 7_ MBDA Chicago Regional Office: (312) 353-0182 MBDA Dallas Regional office: (214) 767--8001 MBDA New York Regional Office: (212) 204-3262 MBDA Sar, Francisco Regional. Office: (415) 744-3001 Thank you for participating in the MBDA Opportunity Matching Program'. Donald L. Evans Secretary U.S. Department of Commerce Ronald Langston Director Minority Rosiness Development Agency Please ,send comments or suggestions to: E-mail : oppmatch@mbda.gov Fax#: (202) 219-8826 Please reference Match ID 217283.1 You mAy wish to visit http: //www.MyExports.com, a pibLic-private partnorsh_Lp of the U.S. Department of Commorce. Thoir goal is to provide U. S. businesses with an exporter referral service that connects them to t.hn global marketplace. 1 General Contractor y License NQ.021004 .00 Building Fid—ggimprovements 00"41.41 Owit"Ottor REQUEST FOR PROPOSAL/ INVITATION TO B An(EOE) intends to seriously negotiate with.qualified Sub Bids on All Trades from Qualified. Subcontractors and suppliers including certified M/W/D DVBE<and LBE for: LABOR DELIVERY RECOVERY ROOM 2500 Alhambra Avenue, Martinez–Contra Costa County Bids Due— March 15, 2004 by 4:00p.m. BIDS RECEIVED AFTER THIS DAY MAY NOT BE ACCEPTED We do not shop bids but need time to review. General Statement of Work/Sub Work Available: Carpentry, ceiling, plumbing, fire sprinkler, electrical, medical gas and air, painting, wall covering, doors and hardware, flooring and selective demolition Plans available: • Purchase plans at Contra Costa County • For view in our office please call our office at (925) 516-2206 -- Ask for Shelby to set up time or some trades may be able to have plans faxed or reduced sets may be mailed to seriously interested bidders only. FLAGG BUILDING IMP'ROVEMEN'TS 1420 Central Blvd,, Brenhvood, CA 94513 (925 6-2246 (925) 516-11 0 7t ail r, GOOF icjvri'i'ciSng Wages apply, i�Io bonding g or speci��l insurance recitiiren�et�tslC�et�er it Contractor to provide. Board of Supervisors Contra Affirmative alive Action Office Costa John M.Glola Gaeta 1st District County Administration Building County Gayle B.Ullkwns 551 Pine Street, 10th Floor 2nd District Martinez,California W53-1229 (925)335-1045 Millie Greenberg Fak: (925)646-1353 3rd District Ekuev@cao.cecounty.us Mark pe3sutnler Jahn R.Sweeten 4th District County Administrator Federal Glover' 5th District April 19, 2004 Via Fax and Certified Mail, Return Receipt Requested Flagg Building Improvements 1420 Central Blvd. Brentwood, CA 94513 Re: Construct A Labor Delivery Room At The Contra Costa Regional Medical Center, 2500 Alhambra Avenue, Martinez For The Health Services Department Our office has reviewed the bid and good faith effort documentation submitted by your firm. According to our review, the documentation submitted by your firm shows that you failed to achieve or adequately document the following steps set forth in Division E of the Project Specifications: 1. You did submit documentation showing you advertised for sub-bids from interested business enterprises; however, the advertisement did not state your policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance; 2. You did submit documentation indicating you sent written notices to subcontractors; however the written notice did not state your policy concerning assistance with bonds, lines of credit,and insurance. Additionally, the majority of notices were sent by email and not by one of the acceptable methods, i.e., fax, metered mail, or certified mail; 3. You did submit documentation that you followed-up with some firms;however the requirement is that you follow-up with all subcontractors to whom you sent letters (your initial solicitations); 4. You did not submit documentation that you requested assistance from organizations providing assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs; 5. You did not submit documentation of your efforts to advise and assist interested MBEs, "DBEs, OBEs, SBEs, LBEs, and DVBEs in obtaining bonds, lines of credit, and insurance required by you or the Counter. Based upon our review,we have determined that your firm has not documented an adequate good faith effort to comply with the Outreach Program. Therefore, we plan to recommend that your bid be deemed non-responsive for failure to comply with the Outreach Program requirements and that the contract be awarded instead to the second lowest bidder, Rosa Construction, Inc. Should you disagree with our determination,you may appeal it in writing to the County Administrator, at 651 fine Street, Martinez, CA 94553. Your appeal must be received at that address no later than 5:00 p.m. on April 22, 2004, and must describe in detail all facets and arguments on which you rely. It is anticipated that the contract will be awarded at the Board of Supervisors meeting on Tuesday, April 27,2004,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 facts and arguments set forth in your appeal. Very truly yours, Emma Kuevor Affirmative Action Office cc: Scott Tandy, Chief Assistant County Administrator Barton J. Gilbert, Director General Services Department Silvano Marchesi,County Counsel RoSa Construction,Inc. 2 A:1trflaggConstLabDe1ivRm ­­­........... .... ................. ............... ......... ..... ltd a Co Board of Supervisors Aff Irmlative Action Office John M.Glols Costa I st District County Administration Building Gayle B.Ullikerna 651 Pine Street, 10th Floor County 2nd District Martinez, California 94553-1229 (926)335-1045 Millis Greenberg Fax:(925)646-1353 3rd District Ekuev@cao.cccounty.us Mark DaSaulnler John R.Sweeten 4th District County Administrator Federal Glover 5th District April 19, 2004 Via Fax and Certified Mail, Return Receipt Requested Flagg Building Improvements 1420 Central Blvd. Brentwood, CA 94513 Re: Construct A Labor Delivery Room At The Contra Costa Regional Medical Center,2500 Alhambra Avenue, Martinez For The Health Services Department Our office has reviewed the bid and good faith effort documentation submitted by your firm. According to our review, the documentation submitted by your firm shows that you failed to achieve or adequately document the following steps set forth in Division E of the Project Specifications: 1. You did submit documentation showing you advertised for sub-bids from interested business enterprises; however, the advertisement did riot state your policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance; 2. You did submit documentation indicating you sent written notices to subcontractors; however the written notice did not state your policy concerning assistance with bonds, lines of credit, and insurance. Additionally, the majority of notices were sent by email and not by one of the acceptable methods, i.e., fax, metered mail, or certified mail; 3. You did submit documentation that you followed-up with some firms; however the requirement is that you follow-up with all subcontractors to whom you sent letters(your initial solicitations); 4. You did not submit documentation that you requested assistance'from organizations providing assistance in the recruitment and placement of MBEs, WBEs,OBEs, SBEs,LBEs, and DVBEs; 5. You did not submit documentation of your efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs in obtaining bonds, lines of credit, and insurance required by you or the County. Based upon our review,we have determined that your firm has not documented an adequate good faith effort to comply with the Outreach Program. Therefore,we plan to recommend that your bid be deemed non-responsive for failure to comply with the Outreach Program requirements and that the contract be awarded instead to the second lowest bidder,RoSa Construction, Inc. Should you disagree with our determination, you may appeal it in writing to the County Administrator,at 651 Pine Street,Martinez,CA 94553. Your appeal must be received at that address no later than 5:00 p.m. on April 22, 2004, and must describe in detail all facets and arguments on which you rely. It is anticipated that the contract will be awarded at the Board of Supervisors meeting on Tuesday, April 27, 2004,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 facts and arguments set forth in your appeal. Very truly yours, g4't'� -) ��� Emma K.uevor Affirmative Action Office cc: Scott Tandy, Chief Assistant County Administrator Barton J. Gilbert, Director General Services Department Silvano Marchesi,County Counsel RoSa Construction, Inc. 2 A:ltrflaggConstLabDelivRm .................................................................... . .......................... S—a. FLAGG BUILDING IMPROVEMENT GENERAL CONTRACTOR LIC.#621004 1420 CENTRAL BI<W. April 20, 2004 (925)516-2206 EPLAQSAANTCALIFORNIA2417-1605 Ms. Emma Kuevor Via Fax: 925-646-1353 Affirmative.Action Office Certified Mail#70021000000572498278 2004 Contra Costa County 651 Pine Street, 10 Floor Martinez, CA 94553-1229 RE: Construct a Labor Delivery Room at the Contra Costa Regional Medical Center, 2500 Alhambra Avenue, Martinez-APPEAL Dear Ms. Kuevor: We are in receipt of your letter dated April 19, 2004 regarding the good faith documentation submitted by our firm and would like to address the following issues: In Paragraphs 1, 2 and 5 you state the same reasons for denial—but you will note that in our request to the MBDA and advertisement with Blue Book state no bonds are required by the subcontractors. The MBDA ad also offers assistance for bonding,bid prep, finance etc (please see attached a copy of some sample ads just like the one we placed). The advertisement faxed and e-mailed (copy attached) again addresses these issues. The only item,which it was inadvertently omitted, was in the Regis Ad. You will also nate that Contra Costa County has no special insurance requirements on this project(such,as a waiver or subrogation, all-risk etc.) of the General Contractor so its not feasible for Flagg Building Improvements or any other bidder to expect to pay this non-existent cost of a subcontractor. As a licensed construction trade company for the State of California, they must carry the minimum insurance to operate a business. All subcontractors before consideration or rejection are verified through the CSLB to have the minimum insurance requirements; we can't use them if this is not in place. Flagg Building Improvements does not offer lines of credit, never has and never have addressed this issue in any ad for Contra Costa County or any other agency. The second lime of item 2 states that notices were not provided by one of the "acceptable methods" - We searched the specification book and cannot find that there is any form of notification that is "more acceptable than another"—please further explain in writing or identify where this item is located and'how you determined a point deduction on this factor. Page 2 of 3 April 20, 2004 Item 3,states we did not follow up on all firms. You will note and as we discussed,we solicited directly via email and/or fax over 130 firms. We followed up with calling 69 firms. Again, as we explained to you, some firs were determined after notification that they were too far from the site,had a discipline not applicable to this particular job, were a competitor(or General !Contractor)or would be performing the scope of work that was later identified to be completed by Flagg Building Improvements. Yes, we did not contact all,but are you stating we are loosing all points or that we should just contact fewer subcontractors to minimize opportunities in order to maximize points? When we inquired directly to you the minimum number of companies we needed to contact, you refused to give us an answer. Item 4, our request with the Blue Book went not only to the companies we selected but as a condition of using this program, they are allowed post our ad to all companies. (If you are not familiar, The Blue Book provides bath free and paid advertisement for all disciplines of construction—therefore reaching out to all construction firms in the Northern California Region no matter their certification status or lack there of.) Secondly we did submit a request to the BDA who then identifies and solicits firms also throughout Northern California, which have certifications in all disciplines. And lastly, we obtained a listing from the State of California, DGS to utilize for the recruitment of firms via email and fax. Emma, as you may know and as stated in your project manual the Bidder must tape affirmative steps... and will be determined by level of effort put into achieving the indicators. Being a MBE, WBE, SDBE, SBE,LBE our goal is always to take steps to achieve 100 points. We have worked successfully with Contra Costa County's Affirmative Action Program since its inception and have, since 1997,completed at least six projects under this program which you verified has not changed and again, our good faith was completed for these six projects just as it was with this particular one. In fact,we were afforded a job in 2003 being the third bidder based on performing the same or good faith set forth in this project. We cannot fathom why you have come to the conclusion as provided in your letter and are truly shocked as we look over copies of previously approved good faith packages accepted by your division. We can only surmise that some sort of error has been made and request that you re-evaluate the documentation provided. We also request that you provide to us the "calculation" of our firm's points. (Since only 75 are required, we are entitled to see your"deductions'.'). www,flag-buildiny.com Lic. #621004 (925)5'16-2206 Wage 3 of 3 April 20, 2004 r: Lastly, Emma you stated in our phone conversations that"Flagg didn't do things the way other contractors do" and I am not sure what that meant. I believe your tone and phone call came across very adversarial, which concerned my office and me and seemed as though your division was looking for a way to disqualify our firm. I am sure that is not the case but again appeared to be handled in that manner. We believe in the Good Faith Program as a good opportunity to provide work to small,disadvantaged,minority, etc, firms. Our company holds and has held for the past four years a position on the SBA 8(A)/SDB board working among other things to ensure these types of programs continues. We don't take the easy route, we take a reasonable and proactive route to meeting our client's goal as we did and have always done for Contra Costa County General Services. We also believe the program is about an equal balance of Good Faith but also keeping the costs of these programs within reason for the bidders. As you mentioned—your preferred method is certified mail—well our response to that is —why? At$4.42 per piece (not to mention killing trees) - is it a better program to trail minimal letters out or to utilize the less expensive yet equally as reliable communication methods? When we spoke I got the feeling that it really wasn't about getting opportunities out-it was about a process which is unfortunate because we truly believe the Contra Costa County Board of Supervisors and everyone at Contra Costa County wants it to be about opportunities. Thank you for you time and we look forward to the prompt receipt of the requested items. Sincerely, GG BUILDING I T.5 Deana onnett General Manager Cc: John Sweeton, County Administrator Scott Tandy, Chief Asst, County Administrator Burton J. Gilbert;Director of General Services Silvano Marchesi, County Counsel Memory Woodard, Associated Builders and Contractors w14I19104 letter&attach Will Houston,MBDA whetter& attach www.Ilaggbuilding=corn Lie. 41621004 {925}5,16-2206 V (. 7.X tllilil � 1'agc I of' Close Opportunity > Offer Overview Company List Add A Company Search For Company Logout Offer Overview Flagg Building Improvements The following is a summary of the informations you have submitted into the Opportunity Database. If you would like to add or modify any of the information below, please click the "Edit" link corresponding to the section you would like to edit. Please keep in mind that for your Opportunity to be complete and active, you must complete the Contact Information, Offer Information (with today's date failing between the open and close dates), Bond Information, Location Information, as well as supply at least one SIC or NAICS code. * Required Fields OPPORTUNITY STATUS Current Status: Active OPPORTUNITY INFORMATION {Edit) * First Name: Shelby * Last Name: Pereira * Telephone: 925-516-2206 Fax: 925-516-1102 Email Address: Shelby@flaggbuiiding.com * Date Open: February 26, 2004 * Date Closed: March 15, 2004 * Opportunity Title: Labor Delivery Recovery Room, Martinez, CA * Solicitation ID: 0927-WH631B * Contract Value Amount: $126,000.00 Estimated Contract Duration: 1 -3 Months * Offer Description: General Statement of Work/Sub Work Available: Carpentry, ceiling, plumbing, fire sprinkler, electrical, medical gas and air, painting, wall covering, doors and hardware, flooring and selective demolition. * Keywords. Construction * Bond Request: No Bond Amount: Not Specified * INDUSTRY CODES (Edit) NAICS: 23542 - Drywall, Plastering, Acoustical, and Insulation Contractors SIC. 1731 Electrical Work 1711 Plumbing, Heating and Air-Conditioning 1752 Floor Laying and Other Floor Work, NEC 1795 Wrecking and Demolition Work hitp:;Iwww.lrlbda.gov/ilidex.c(ill?t'ttseactic)l3=cYPp.aPpOverview&set v—bWJ1X21k£'T2l27/2004 ........................................................................................... .................................................................................................................. ..................................................................................................... .................................................... MODA - 01117()I*f kill]tv Page 2 of'2 3442 - Metal Doors,Sash, Frames, Molding and Trim 1751 Carpentry Work 1721 Painting and Paper Hanging LOCATION INFORMATION (Edit] L Antioch, California USA Alamo, California USA Benicia, California USA Brentwood,California USA Byron, California USA Clayton, California USA Concord, California USA 75 Danville, California USA Dixon, California USA Dublin, California USA Fairfield, California USA Hercules, California USA Isleton, California USA Lafayette, California USA Livermore, California USA Lodi, California USA Los Gatos, California USA Manteca, California USA Martinez, California USA Milpitas, California USA Pittsburg, California USA Pleasant Hill, California USA Pleasanton, California USA Richmond, California USA Rio Vista, California USA San Jose, California USA to Company Details Thank you for participating in the Minority Business Development Agency's Opportunity program. 1lttP.//Wwv,.mbda.gov/index.cfln?fuseaction=opp.oppOverview&set--v=bWJ I X2 I kPTM2M.,. 2/27/2004 .............................. ............... ................................................... ............................... ....................................... Dbonne#@flaggbuilding.com From: oppmatch�',a7mbda.gov Sent: Tuesday, April 2,0, ?004 7:15 AM �✓ To: 9255161102 Subject: Guntract Opportunity from MBDA.Opportunity Matching Program The United States Department of Commerce Minority Business Development) Agency has identified the following possible Contract Opportunity for ( `•� your business: ESTIMATED VALUE: LOCATION: SAN PEDRO,CA OPEN DATE: 09-APR-04 CLOSE DATE: 28-APR-04 RFP#: 2631 COMPANY: John S. Meek Company, Inc. PHONE: 3108306323 FAX: 3108352163 E-MAIL ADDRESS: OFFER DESCRIPTION: Port of Los Angeles, Harbor Department: ?Berths 93C-94 Boardwalk This opportunity has been referred based on information provided by the public and contained in MBDA Phoenix and Opportunity database. Neither the United States Government,the Department of Commerce, nor the Minority Business Development Agency warrants the accuracy or validity of this information. We urge you to exercise due diligen n acting a: nformat �- lease c ntact the company listed above. Then, contact the MBDA Regional Office nearest you if you need assistance _th finance, l d preparation, bonding, or other services relatet to this opportunfQ. MBDA Atlanta Regional v� sce: 04) 7 MBDA Chicago Regional Office: (312) 353-0182 MBDA Dallas Regional Office: (214) 767--8001 MBDA New York Regional Office: (212) 264-3262 MBDA San Francisco Regional Office: (=115) 744-3001 Thank you for participating in the MBDA Opportunity `latching Program. Donald L. Evans Secretary U.S. Department of Commerce Ronald Langston Director Minority Business Development Agency Please send comments or suggestions to: E-mail : oppmatch@mbda.gov Fax# : (202) 219-8826 Please reference Match ID 2172833 You may w.0h to visit http: llwww.MyExports .�om, a pablic-private parLne ship of the U.S. Department of Commerce. Their goal is to provide P.S. businesses with an exporter referral service that: connects Chem Lo the global marketplace. 1 General Contractor x :W License No. 621004 . Building `Fla Improvements 9 K araarul Contractor REQUEST PCXR PROPOSAL/ INVITATION TO BID An(EOE) intends to seriously negotiate with qualified Sub Bids on All Trades from Qualified Subcontractors and suppliers including certified M/W/D/DVBE'and LBE for: LABOR DELIVERY RECOVERY ROOM 2500 Alhambra Avenue, Martinez—Contra Costa County ZL Bids Due — March 15, 2004 by 4:00p.m. BIDS RECEIVED AFTER THIS DAY MAY NOT BE ACCEPTED We do not shop bids but need time to review. General Statement of 'Work/Sub Work Available. Carpentry, ceiling, ' plumbing, fire sprinkler, electrical, medical gas and air, painting, wall covering, doors and hardware, flooring and selective demolition Plans available: • Purchase plans at Contra Costa County « For view in our office .lease call our office at 925 .516-2206 — Ask for p { } Shelby to set up time or some trades n-iay be able to have plans faxed or reduced sets may be mailed to seriously interested bidders only. FLAGG BUILDING IMPROVEMENTS 1421 Central Blvd., Brentwood, CA 94513 (925 16-2206 (925) 516-110 st ail Prevailing Wages apply, No hondirto or special instirance requirerne«ts/General Contractor to provide. FLAGG BUILDING IMPROVEMENT GENERAL CONTRACTOR LIC.#621004 142tJ�Ef�`tI�J#I;, ifi).:. April 20, 2004 BRENTWOOD,CALIFORMA 94513 (925)516-2206 PLEASANTON(925)417-1605 Ms. Emma Kuevor Via Fax: 925-646-1353 APR 2 2 2004 Affirmative Action Office Certified hail#70021000000572498278 Centra Costa County 651 Pine Street, 10`h Floor Martinez, CA 94553-1229 RE: Construct a Labor Delivery Room at the Contra Costa Regional Medical Center, 2500 Alhambra Avenue, Martinez-APPEAL'. Dear Ms. Kuevor: We are in receipt of your letter dated April 19, 2004 regarding the good faith documentation submitted by our firm and would like to address the following issues: In Paragraphs 1, 2 and 5 you state the same reasons for denial—but you will note that in our request to the MBDA and advertisement with Blue Book state no bonds are required by the subcontractors. The MBDA ad also offers assistance for bonding, bid prep, finance etc(please see attached a copy of some sample ads just like the one we placed). The advertisement faxed and e-mailed (copy attached) again addresses these issues. The only item, which it was inadvertently omitted, was in the Regis Ad. You will also note that Contra Costa County has no special insurance requirements on this project(such as a waiver or subrogation, all-risk etc.) of the General Contractor so its not feasible for Flagg Building Improvements or any other bidder to expect to pay this non-existent cost of a subcontractor. As a licensed construction trade company for the State of California, they must carry the minimum insurance to operate a business. All subcontractors before consideration or rejection are verified through the CSLB to have the minimum insurance requirements; we can't use them if this is not in place. Flagg Building Improvements does not offer lines of credit, never has and never have addressed this issue in any ad for Contra Costa County or any other agency. The second line of item 2 states that notices were not provided by one of the "acceptable methods" - We searched the specification book and cannot find that there is any form of notification that is "more acceptable than another"—please further explain in writing or identify where this item is located and how you determined a point deduction on this factor. Page 2 of 3 April 20,2004 ?i Item 3, states we did not fallow up on all firms. You will nate and as we discussed,we solicited directly via email and/or fax over 130 firms. We followed up with calling 69 firms. Again, as we explained to you, some firms were determined after notification that they were too far from the site, had a discipline not applicable to this particular job,were a competitor(or General Contractor)or would be performing the scope of work that was later identified to be completed by Flagg wilding Improvements. Yes, we did not contact all, but are you stating we are loosing all points or that we should just contact fewer subcontractors to minimize opportunities in order to maximize points? When we inquired directly to you the minimum number of companies we needed to contact, you refused to give us an answer. /tern 4, our request with the Blue Book went not only to the companies we selected but as a condition of using this program,they are allowed post our ad to all companies. (If you are not familiar,The Blue Book provides both free and paid advertisement for all disciplines of construction—therefore reaching out to all construction firms in the Northern California Region no matter their certification status or lack there of.) Secondly we did submit a request to the MBDA who then identifies and solicits firms also throughout Northern California, which have certifications in all disciplines. And lastly, we obtained a listing from the State of California, DGS to utilize for the recruitment of firms via email and fax. Emma, as you may knew and as stated in your project manual the Bidder must take affirmative steps... and will be determined by level of effort put into achieving the indicators. Being a MBE, WBE,SDBE, SBE,LBE our goal is always to take steps to achieve 100 paints. We have worked successfully with Centra Costa County's Affirmative Action Program since its inception and have, since 1997, completed at least six projects under this program which you verified has not changed and again,our good faith was completed for these six projects just as it was with this particular one. In fact, we were afforded a job in 2003 being the third bidder based on performing the same or good faith set forth in this project. We cannot fathom why you have come to the conclusion as provided in your letter and are truly shaded as we look over copies of previously approved good faith packages accepted by your division. We can only surmise that some sort of error has been made and request that you re-evaluate the documentation provided. We also request that you provide to us the "calculation"of our firm's points. (Since only 75 are required, we are entitled to see your"deductions"). www.flay,gbuilding.com Lic. #621004 (925)516-2-206 Page 3 of 3 April 20, 2004 Lastly, Emma you stated in our.phone conversations that"Flagg didn't do things the way other contractors do"and I am not sure what that meant. I believe your tone and phone call came across very adversarial,which concerned my office and me and seemed as though your division was looking for a way to disqualify our firm. I am sure that is not the case but again appeared to be handled in that manner. We believe in the Good Faith Program as a good opportunity to provide work to small,disadvantaged,minority,etc. firms. Our company holds and has held for the past four years a position on the SBA 8(A)ISDB board working among other things to ensure these types of programs continues. We don't take the easy route, we take a reasonable and proactive route to meeting our client's goal as we did and have always done for Contra Costa County General Services. We also believe the program is about an equal balance of Good Faith but also keeping the costs of these programs within reason for the bidders. As you mentioned—your preferred method is certified mail—well our response to that is —why? At$4.42 per piece(not to mention killing trees) - is it a better program to mail minimal letters out or to utilize the less expensive yet equally as reliable communication methods? When we spoke I got the feeling that it really wasn't about getting opportunities out - it was about a process which is unfortunate because we truly believe the Contra Costa County Board of Supervisors and everyone at Contra.Costa County wants it to be about opportunities. Thank you for you time and we look forward to the prompt receipt of the requested items. Sincerely, 4GG BUILDINGI1�� 3�E� TS Dianaonett General Manager Cc: John Sweeton, County Administrator Scott Tandy,Chief Asst. County Administrator Barton J. Gilbert, Director of General Services Silvano Marchesi,County Counsel Memory Woodard,Associated Builders and Contractors wr4/19/04 letter&attach Will Houston,MBDA whetter& attach www.flagg_building.co Lic. #621004 (925)5'16-2206 ti tC) 6PPOrtuItit` !'rtgc 1 o1'2 Close Opportunity > Offer Overview Company List Add A Company Search For Company Logout Offer Overview Flagg Building Improvements The following is a summary of the information you have submitted into the Opportunity Database. If you would like to add or modify any of the information below, please click the "Edit" link corresponding to the section you would like to edit. Please keep in mind that for your Opportunity to be complete and active, you must complete the Contact Information, Offer Information (with today's date falling between the open and close dates), Bond Information, Location Information, as well as supply at least one SIC or NAICS code. ...... * Required fields OPPORTUNITY STATUS Current Status Active OPPORTUNITY INFORMATION (Edit) * Furst Name: Shelby * Last Name: Pereira Telephone: 925-516-2206 Fax: 925-516-1102 Email Address. shelby@flaggbuiiding.com * Date Open: February 26, 2004 * Bate Closed: March 15, 2004 * Opportunity Title: Labor Delivery Recovery Room, Martinez, CA * Solicitation ID: 0927-WH631B * Contract Value Amount: $126,000.00 * Estimated Contract Duration: 1 - 3 Months * Offer Description: General Statement of Work/Sub Work Available; Carpentry, ceiling, plumbing, fire sprinkler, electrical, medical gas and air, painting, wall covering, doors and hardware, flooring and selective demolition.. * Keywords: Construction * Bond Request: No Bond Amount: Not Specified INDUSTRY CODES (Edit) NAILS: 23542 -Drywall, Plastering, Acoustical, and Insulation Contractors SIC: 1731 - Electrical Work 1711 Plumbing, Heating and Air-Conditioning 1752 Floor Laying and Other Floor Work, NEC 1795 Wrecking and Demolition Work }ittp://Lvww.inbtia_gDvlinelt'x.cf'lii?!•tiscactioli-0()#).<3ppC}verview&set_v=bWJlX2lkf'7` 2/27/2004 r N111DA - 0l)l)0lrttill ity Page 2 of 2 3442 - Metal Doors, Sash, Frames, Molding and Trim 1751 - Carpentry Work 1721 - Painting and Paper Hanging * LOCATION INFORMATION (Edit) Antioch, California USA �. Alamo,California USA Benicia,California USA Brentwood, California USA Byron, California USA ?� Clayton, California USA Concord, California USA Danville,California USA Dixon, California USA Dublin, California USA Fairfield, California USA Hercules, California USA lsleton, California USA Lafayette, California USA Livermore, California USA Lodi, California USA Los Gatos, California USA Manteca, California USA Martinez, California USA Milpitas, California USA Pittsburg, California USA Pleasant Hill, California USA Pleasanton, California USA Richmond, California USA Rio Vista, California USA San Jose, California USA Return to Company Details Thank you for participating in the Minority Business Development Agency's Opportunity program. http:!t�vw�ti.illbda.gov/index.cfin?fuseaction=opp.oppOvetvlew set v=b WJ)X21kPT'M2M... 2/27/2004 Dbonnott@ftaggbuilding.com Front: oppmatchambda.gov sent: Tuesday, April 20,2PP4 7:15 AM . To: J25516 11t2 Subject: Ct�nkract Qpportunity from MBA. dU}porkunity Matching Program N.t The United States Department of Commerce Minority Business Developmentt Agency has identified the following possible Contract opportunity for your business: ESTIMATED VALUE: LOCATION: SAN PEDRO,CA OPEN DATE: 09-APR-04 CLOSE DATE: 28-APR-04 RFP#: 2631 COMPANY: John S. Meek Company, Inc. PHONE: 3108306323 FAX: 3108352163 E-MAIL ADDRESS: OFFER DESCRIPTION: Port of Los Angeles, Harbor Department: Berths 93C-94 Boardwalk This opportunity has been referred based on information provided by the public and contained in MBDA Phoenix and Opportunity database. Neither the United States Government,the Department of Commerce, nor the Minority Business Development Agency warrants the accuracy or validity of this information. We urge you to exercise due ;liligen n acting lease c ntaat the company listed above. Then, ::on`act the MBDA Regional office nearest you if you need assistance with finance, d preparation, bonding, or other services relate^ to this opportuny. MBDA Atlanta Region�lf�ic 4)7 MBDA Chicago Regional Office: (312) 353-0182 MBDA Dallas Regional Office: (21.4) 767-8001 MBDA New York Regional Office: (212) 261-3262 MBDA San Francisco Regional. Office: (415) 744-3001 Thank you for participating in the MBDA Opportunity Matching Program. Donald L. Evans Secretary U.S. Department of Commerce Ronald Langston Director M.inoricv Business Development Agency Plea3e sand cOmmeHts or suggestions to: E-mail : oppmatch@mbda.gov Fa`# : ( n2) E19-8826 Please reference Match ID 211283.1 You may wish to visit http: r;www.MyExports .com, a pi.h4c:-private partnor:hip of the U.S. Department. cit Commerce . Thair goal is to provide. U. S. businesses with an exporter referral service that connects them to the global marketplace. r General Contractor rF� fi Licer se Nes. 621004 BuildingImprovements gg (Urorsl'C motor REQUEST POR PROPOSAL/ INVITATION TCS BID An(EOE) intends to seriously negotiate with qualified Sub Bids on All Trades from Qualified. Subcontractors and suppliers including certified M/W/D/DVBE and LBE for: LABOR DELIVERY RECOVERY ROOIV ZL 2500 Alhambra Avenue, Martinez —Contra Costa County Bids Due — March 15, 2004 by 4:00p.m. BIDS RECEIVED AFTER THIS DAY MAY NOT BE ACCEPTED �3 We do not shop bids but need time to review. General Statement of Work/Sub Work Available: Carpentry, ceiling, plumbing, fire sprinkler, electrical, medical gas and air, painting, wall 14Z:Z:h� covering, doors and hardware, flooring and selective demolition Plans available: • Purchase plans at Contra Costa County • For view in our office please call our office at (925) 516-2206 -- Ask for Shelby to set up time or some trades may be able to have plans faxed or reduced sets may be mailed to seriously interested bidders only. FLAGG BUILDING IMPROVEMENTS 1420 Central Blvd., Brentwood, CA 94513 (92 16-2206 (925) 516-110 ` ` st ail Prevailing Wages apply, No bonding or special insurance requirements/General' Contractor to provide. Contra Board of Supervisors Affirmative Action Office Costa Oct'' John M.Glcs:fa I st District County Administration Building Gayle S.Ullkema 651 Pine Street, 10th Floor County 2nd District Martinez,California 94553-1229 (925)335-1045 Millie Greenberg Fax:(925)646-1353 3rd District Ekuev@cao.cccounty.us Mark DeSauinler John R.Sweeten 4€h District County Administrator Federal Glover 5th District April 19,2004 Via Fax and Certified Mail,Return Receipt Requested Flagg Building Improvements 1420 Central Blvd. Brentwood, CA 94513 Re: Construct A Labor Delivery Doom At The Contra Costa Regional Medical Center,25030 Alhambra Avenue,Martinez For The Health Services Department Our office has reviewed the bid and good faith effort documentation submitted by your firm. According to our review,the documentation submitted by your firm shows that you failed to achieve or adequately document the following steps set forth in Division E of the Project Specifications: 1. You did submit documentation showing you advertised for sub-bids from interested business enterprises; however, the advertisement did not state your policy concerning',assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance; 2. You did submit documentation indicating you sent written notices to subcontractors; however the written notice did not state your policy concerning assistance with bonds, lines of credit, and insurance. Additionally, the majority of notices were sent by email and not by one of the acceptable methods, i.e., fax, metered mail, or certified mail; 3. You did submit documentation that you followed-up with some firms; however the requirement is that you follow-up with all subcontractors to whom you sent letters (your initial solicitations); 4. You did not submit documentation that you requested assistance from organizations providing assistance in the recruitment and placement of MBEs, WBEs,DBEs, SBEs, LBEs, and DVBEs; 5. You did not submit documentation of your efforts to advise and assist interested MBEs;WBEs, DBEs, SBEs, LBEs, and DVBEs in obtaining bonds, lines of credit,and insurance required by you or the County. Based upon our review,we have determined that your firm has not documented an adequate good faith effort to comply with the Outreach Program. Therefore, we plan to recommend that your bid be deemed non-responsive for failure to comply with the Outreach Program,requirements and that the contract be awarded instead to the second lowest bidder, RoSa Construction, Inc. Should you disagree with our determination, you may appeal it in writing to the County Administrator, at 651 Pine Street,Martinez, CA 94553. Your appeal Faust be received at that address no later than 5:00 p. . on April 22,2004, and must describe in detail all facets and arguments on which you rely. It is anticipated that the contract will be awarded at the Board of Supervisors meeting on Tuesday, April 27,2004, 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 facts and arguments set forth in your appeal. Very truly yours, Emma Kuevor AffirmativeAction Office cc: Scott Tandy, Chief Assistant County Administrator Barton J. Gilbert, Director General Services Department Silvano Marchesi,County Counsel RoSa Construction,'Inc. 2 A:ltrflaggConstLabDelivRm OSTA COUNTY n nei epartment Barton J.Gilbert e F MANAGEMENT Director aadra+ x L//'��, Mickey Davis Deputy Director Michael J.Langa Deputy Director CC7�3 ..._.. Rob Lim,PE DATE: May 4, 2044 Manager TO: Board of Supervisors ft&A&k9--- FROM: Barton J. Gilbert, Director of General Services SUBJECT: CONTRACT AWARD RECOMMENDATION Bids for the REBID TO CONSTRUCT A LABOR DELIVERY RECOVERY ROOM AT THE CONTRA COSTA REGIONAL MEDICAL CENTER, 2500 ALHAMBRA AVENUE, MARTINEZ FOR THE HEALTH SERVICES DEPARTMENT were received and opened at the County Capital Projects Management Division Office on March 18, 2004. The Contract Compliance Officer has reported that Flagg Building Improvements ("Flagg") of Brentwood, who submitted the 'lowest monetary bid of$88,738, did not document an adequate good faith effort to comply with the requirements of the County's Outreach'Program. For this reason, it is recommended that Flagg's bid be rejected as non-responsive and that their bid bond be exonerated. It is recommended that the Board of Supervisors award the construction contract to the lowest responsive and responsible bidder, RoSa Construction, Inc. of Hayward, who has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program, in the amount of$88,810. The Consulting Architect for the project estimated the probable construction cost to be $126,000. Other bids received: Base Bid Cal Bay Construction, Inc. $107,185 San Leandro GMI Construction, Inc. $109,000 Hayward cc w/attach.: County Administrator's Office County Counsel Clerk of the Board (w/bids) Contract Compliance Officer File: 250-03248.4.4 H:\2003\2500324\03L024061m.doc JC:tb TO: BOARD OF SUPERVISORS ' C FROM: William Walker, M.D., Health Services.Director By: Jacqueline Pigg, Contracts Administrator Contra Costa DATE: County SUBJECT: Approval of Contract#27-575 With Choice Medical Clinic, Inc. (dba Choice Medical Group) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee(Milt Camhi),to execute on behalf of the County, Contract #27-575 with Choice Medical Clinic, Inc. (dba Choice Medical Group), a corporation,in an amount not to exceed$120,000,for provision of professional Gynecology services for Contra Costa Health flan members, for the period from April 1,2004 through June 30, 2007. FISCAL IMPACT: This Contract is funded by Contra Costa Health Plan member premiums. Costs depend upon utilization. As appropriate, patients and/or third party payors will be billed for services. BACKGROEND/REASONM FOR RECOMMENDATION(S): The Health Plan has an obligation to provide certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. Under Contract#27-575 the Contractor will provide professional Gynecology services to Health Pian members, through June 30, 2007. CQUTIM12 ON ATVACHMFENT: YES IJ2 RECOMMENDATION OF COUNTY ADMINISTRATOR +MMENDATON OF BOARD COMMITTEE ✓''APPROVE —OTHER SI0NATURE(Sl: Y - ACTION OF BOARDAPPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS f I HEREBY CERTIFY THAT THIS IS A TRUE I i UNANIMOUS {ABSENT � ANI)CORRECT COPY OF AN ACTION TAKENAYES: '.. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED _ JOHPIrSWE N,dLgV OF TI Av R13 t F SUPERVIS S ANIStOI..NTY ADM N STRATOR Contact Person: Milt Gamhi 313-6404 CC: Health Services Dept. {Contracts} Auditor-Controller Risk Management gy ,f � Contractor DEPUTY TO: BOARD OF SUPERVISORS FROM: William Waller,M.D., Health Services Director By: Jacqueline Pigg, Contracts Administrator Contra Costa DATE: County SUBJECT. Approval of Contract#27-576 with Selim T. Koseoglu, M.D. (dba Childeye Medical Associates, Inc.) SPECIFIC REQUEST(S)OR RECOMMENDATI