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HomeMy WebLinkAboutMINUTES - 09091986 - 1.79 HOUSING AUTHORITY OF THE COUNTY OF.CONTRA COSTA TO: BOARD OF COMMISSIONERS DATE: August 19, 1986 FROM: cc: Perfecto Villarreal , Executive Director SUBJECT: Comprehensive Improvement Assistance Program CA-11-907 Modernization of Housing Authority Project CA011010, Bayo Vista, Rodeo I . RECOMMENDED ACTION: That the Board of Commissioners waive the irregularity that Ultrex Corporation returned the Minority Business Certification form two days late as a minor informality; and that the Board of Commissioners award the contract for Phase II modernization work at CA011010, Bayo Vista, Rodeo to Ultrex Corporation with Base Bid No. 1 in the amount of $2,887,000.00 as the lowest responsible bidder as recommended by the Advisory Housing Commission. II. FINANCIAL IMPACT: Under the Fiscal Year 1985 Comprehensive Improvement Assistance Program $3.5 million (of which $2,890,000 is available for physical improvements) was allocated to the Housing Authority of Contra Costa County to proceed with Phase II of the modification of CA011010 Bayo Vista. Additionally, CDBG funds in the amount of $184,000.00 and Housing Authority Local Management Funds in the amount of $200,000.00 are available for the completion of Phase II of this modernization. III. REASONS FOR RECOMMENDATION/BACKGROUND: Bid requests were advertised on July 2 and 6 in the Contra Costa Times, Six bids were received and opened on August 12, 1986. Ultrex Corporation with Base Bid No. 1 in the amount of $2,887,000.00 was determined as the lowest responsible bidder. A copy of the Bid Abstract is attached. The second lowest bidder, M.C.S. Systems, Inc. has filed a letter of protest (copy attached) along with a subcontractor, Tademy Construction, who has also filed a letter of protest (copy attached). M.C.S. Systems, Inc, and Tademy Construction are protesting the award of the modernization contract .to Ultrex Corporation on the following basis: 1. Ultrex Corporation is not properly licensed by the State License Board to perform the modernization work at Bayo Vista. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE ^_ APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON eptem er 9 , 1986 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS x--- UNANIMOUS (ABSENT --- ) I HEREBY CERTIFY THAT THIS A TRUE AND AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. CC: County Administrator ATTESTED September 9 , 1986 County Counsel Phil Batchelor, Clerk of the Housing Authority Board of Commissioners M382/7-63 BY DEPUTY Page 2 Comprehensive Improvement Assistance Program CA-11-907 Modernization of Housing Authority Project CAO11010, Bayo Vista, Rodeo 2. Minority participation is limited to one supplier by Ultrex Corporation This is in contravention to the "Good Faith Effort" interest of the HUD affirmative action requirements that call for use of minority owned businesses to the fullest extent possible. 3. Ultrex Corporation did not include in their bid documents a form entitled "Minority Business Certification." The staff has met with a representative of Ultrex Corporation to review their bid submittal and to review the protests filed by M.C.S. Systems, Inc. and Tademy Construction. Attached is a copy of the formal reply letter from Ultrex. The staff has also discussed this matter with the following: 1. State Contractor' s Board in Sacramento. 2. U.S. Department of Housing & Urban Development Equal Opportunity staff in San Francisco. 3. Reference checks where principals of Ultrex have done HUD related work in Stanislaus County, Stockton, and Pyramid Lake, Nevada. 4. Ultrex's bonding company. 5. Project Architect, Frants Albert, A.I.A. 6. County Counsel 's office to obtain legal opinion on issues raised by M.C.S. Systems, Inc. and Tademy Construction. After careful review of this matter, the staff provides the following responses to the three charges of protest raised by M.C.S. Systems, Inc. and Tademy Construction: 1. Ultrex Corporation is properly licensed by the State of California to do the type of modernization work needed at Bayo Vista. 2. Ultrex Corporation will fulfill HUD affirmative action requirements by hiring at least 25% of their work force from among minorities and women. This will satisfy HUD contract requirements. In addition, Housing Authority staff will monitor this item to assure compliance. Futhermore, the principals of Ultrex Corporation have a very good track record in fulfilling the government requirements and affirmative action goals of their contracts. 3. Since Ultrex Corporation intends to complete the modernization work with their own forces instead of using sub-contractors, the lack of submission of the minority business certification form is not a major consideration which would prevent the award of the contract to Ultrex. Attached is a legal opinion letter from County Counsel on this subject. At the regular meeting on August 18, 1986, the Advisory Housing Commission voted to recommend that the contract for Phase II of the modernization work to be accomplished at CA011010, Bayo Vista, Rodeo, be awarded to Ultrex Corporation. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect to not award the contract for the Phase II modernization work at CA011010, Bayo Vista, to Ultrex Corporation with Base Bid No. 1 in the amount of $2,887,000.00, this modernization work could not be accomplished on a timely basis and the costs of the modernization project CA011010, Bayo Vista, would increase beyond the available combination of funding through the HUD Comprehensive Improvement Assistance Program, CDBG and the Housing Authority Local Management Fund.