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RESOLUTION NO. 33-2006
AWARDING A CONSTRUCTION CONTRACT FOR THE DIABLO ROAD STREET
REPAIR EAST PROJECT (PHASE 2), CIP NO. A-364
WHEREAS, the Danville Town Council approved a call for bids for the Diablo Road Street
Repair East Project (Phase 2), CIP No. A-364 via Resolution No. 5-2006; and
WHEREAS, the Danville Town Council has appropriated funding for the project costs in
the adopted 5- Year Capital Improvement Program; and
WHEREAS, the City Clerk of this Town did, in open session on the 7th day of March, 2006,
publicly open and read aloud the sealed bids received as required by law; and
WHEREAS, the project is subject to Caltrans and federal requirements for disadvantaged
business enterprise (DBE) participation. For Danville, the DBE goal for projects is 7.0% and
bidders must demonstrate that they have either met the goal or have made adequate good
faith efforts to achieve that goal; and
WHEREAS, the first two apparent low bidders, MCK Services Inc. and Granite
Construction Company, did not meet the DBE goal and after complete review of all
evidence, Town staff concluded that neither bidder had demonstrated adequate good faith
efforts in achieving the DBE goal. Based on that conclusion, Town staff notified both
bidders that their bids were deemed non-responsive; and
WHEREAS, both MCK Services Inc. and Granite Construction Company provided
additional materials in response to the initial finding of non-responsiveness. MCK
subsequently withdrew their protest. After reviewing the additional information
submitted by Granite, the recommendatiQr:_~!J'gwn staff did not change; and
WHEREAS, the Town Council has considered all evidence and testimony presented
regarding compliance with DBE requirements and the efforts made by MCK and Granite to
meet the Town's certified goal of seven percent; and
WHEREAS, based upon the non-responsiveness of the two apparent low bidders, the low
responsive bidder is therefore Bay Cities Grading and Paving Inc. of Concord, California,
and the City Engineer has recommended awarding a construction contract for the project to
that firm; now, therefore, be it
RESOLVED, by the Danville Town Council, that the Town award the construction contract
for the Diablo Road Street Repair East Project (Phase 2), CIP No. A-364, to Bay Cities
Grading and Paving Inc. of Concord, California; and, be it further
RESOLVED, that the Town Council finds that neither MCK nor Granite's bids were
responsive for failure to establish adequate good faith efforts in meeting the Town of
Danville's certified DBE goal of seven percent. In the case of both bidders, the Town
Council specifically finds that in the context of the project, the additional costs that would
have resulted from use of DBE bids solicited by the two bidders would have been
reasonable and that the failure to use the solicited DBE bids was unreasonable. The Town
Council specifically bases this finding on the factual information presented to the Town
Council in the staff report and attachments, in oral presentations from Town staff made
prior to adoption of this resolution and in written materials and oral testimony provided to
the Town Council by the bidders; and, be it further
RESOLVED, by the Danville Town Council, that the Town Manager be and hereby is
authorized to execute, on behalf of the Town, a written contract with Bay Cities Grading
and Paving Inc. of Concord, California, for $668,181.50 plus a 10% construction contingency
of $66,818.15 for a total of $734,999.65 for work in connection therewith, and the City Clerk
is hereby directed to attest same and affix thereto the official seal of the Town; and, be it
further
RESOLVED, that the City Clerk shall within five (5) days of the adoption of this resolution,
transmit an Extract of Public Works contract award to the Department of Industrial
Relations, Division of Apprenticeship Standards, P.O. Box 603, San Francisco, CA 94101.
(Note: Should a finding of any discrepancy regarding this ratio of apprentices to
journeymen be made, the Town shall notify the Division of Apprenticeship Standards of
such findings).
APPROVED by the Danville Town Council at a regular meeting on April 4, 2006, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Stepper,
None
None
None
Shimansky, Andersen, Arnerich, Doyle
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APPROVED AS TO FORM:
W13~
CITY ATTORNEY J
ATTEST:
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PAGE 2 OF RESOLUTION NO. 33-2006