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Home My WebLink AboutMINUTES - 10271998 - C70 File: 250-9842/8.4.4 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 27, 1998,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE SUBJECT: Award of Contract for Technical Services Administration Building,30 Glacier Drive, Martinez, to Phoenix National, Inc., Budget Line Item No. 4407-4354 Authorization No. 0928-WH354H Biddla lotal A= Bond Amount Phoenix National, Inc. $716,259.00 Payment: 1588 S. Mission Rd., Suite 2005 $358,129.50 Fallbrook, CA 92028 Performance: $716,259.00 BRCO Constructors Inc., Loomis, California McFadden Construction, Stockton, California Patrick Donaghue, Benicia, California Page Construction Co.,Novato, California Albay Construction, Martinez, California T.L. Bartz Construction, Martinez, California Bollo Construction, Davis, California Shoemate Buildings, Inc., Stockton, California RGM&Associates, Concord, California Clearview Construction, Rocklin, California Cal Interstate Construction, Concord, California PCS Associates, Vacaville, California Swank Construction Inc., Vacaville, California N. V. Heathorn, Inc., Oakland, California The above-captioned project and the plans and specifications therefor having been previously approved, Addendum No. 1 having been issued and approved, and bids having been duly invited and received by the Director of General Services on October 1, 1998; and The bidder listed first above, Phoenix National, Inc. ("Phoenix") having submitted the lowest monetary bid which is $4,341.00 less than the next lowest bid; and Patrick M. Donaghue (4"' bidder) and certain of his listed subcontractors (M.W. Maher General Engineering Contractor, Adkins Painting, and Code Engineering) having submitted letters protesting the lowest bid by Phoenix; and Patrick M. Donaghue (4" bidder) and certain listed subcontractors(Adkins Painting and Alfa Tile,Inc.)having submitted letters protesting the second and third lowest bids; and the Board having considered the protests; and The Director of General Services recommending that the bid submitted by Phoenix is the lowest responsive and responsible bid, and this Board concurring and so finding; Page 1 of 2 H A 1998\2509842\8L04239b.doc GB:DS:bg:tb Rev. 10/21/98 fir{{ G3 . .�Jd AWARD OF CONTRACT FOR TECHNICAL SERVICES 250-9842/8.4.4 ADMINISTRATION BUILDING, 30 DRIVE, MARTINEZ, October 27, 1998 TO PHOENIX NATIONAL NOW,THEREFORE,The Board finds, determines and orders as follows: The Board DETERMINES that the protests filed by M. W. Maher General Engineering Contractor, Patrick M. Donaghue, Adkins Painting, Code Engineering, and Alfa Tile, Inc. are without merit and OVERRULES those protests; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Phoenix at the listed amount and at the prices submitted in said bid, and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the Director of General Services shall prepare the contract therefor; and The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together with the bonds as noted above and any required certificates of insurance or other required documents, and the Director of General Services has reviewed and found them to be sufficient, the Director of General Services 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,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 is authorized to sign any escrow agreements prepared for this project to permit the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Section 22300 of the Public Contract Code. The Board DECLARES that, should the award of the contract to phoenix be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received.', Nothing herein shall prevent the Board from reawarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). I hereby certify that this is a true and correct oopy of an action taken and entered on the minutes of the Board of Supervlsars an ate date shown, ATTESTED: ,,.. C' PHIL BATCHELOR,Clerk of the Board Of Supervisors and CountyAdminusirW ` [y r `r7 Orig. Dept.- General Services Dept. - Architectural Division cc: General Services Department Architectural Division G.S. Accounting County Administrator's Office Contract Compliance Officer Auditor-Controller County Counsel Consultant(Via Arch. Div.) Phoenix National, Inc. (Via Arch. Div.) Patrick M. Donaghue(Via Arch. Div.) Alfa Tile (Via Arch Div.) M. W. Maher(Via Arch. Div.) Adkins Painting(Via Arch. Div.) Code Engineering(Via Arch. Div.) Sheriff-Coroner Department(Via Arch. Div.) Page 2 of 2 HAI 998\2509842\8 L04239b.doe GB:DS:bg:tb Rev. 10/21/98 GENERAL SERVICES DEPARTMENT Architectural Division 1220 Morello Avenue,Suite 100 Martinez, California 94553-4711 (925) 313-7200 FAX (925)313-7299 File: 250-98421C.1.1 Date: October 14, 1998 TO: Board of Supervisors Nhtuktf— FROM: Barton J. Gilbert,Director of General Services SUBJECT: CONTRACT AWARD RECOMMENDATION; Agenda Date October 27, 1998; Authorization No. WH354H Bids for North.Technical Services Administration Building, 30 Glacier Drive,Martinez, for Sheriff-Coroner, were received and opened at the County Architectural Division Offices on Thursday, October 1, 1998. It is recommended that the Board of Supervisors award the construction contract to the low bidder,Phoenix National, Inc. ("Phoenix"), of Fallbrook, in the amount of$716,259.00. The Consultant's cost estimate for the initial construction contract was $828,000.00. Other bids received were as follows: Base Bi 1. BRCO Constructors Inc., Loomis, California $720,600.00 2. McFadden Construction, Stockton, California $722,000.00 3. Patrick Donaghue, Benicia, California $739,800.00 4. Page Construction Co.,Novato, California $753,746.00 5. Albay Construction, Martinez, California $757,000.00 6. T.L. Bartz Construction, Martinez, California $769,000.04 7. Bollo Construction,Davis, California $783,304.00 8. Shoemate Buildings, Inc., Stockton,California $786,829.00 9. RGM&Associates, Concord, California $788,372.00 10. Clearview Construction, Rocklin, California $792,000.00 HAA 99812509842i8L04240m.doc Rev,10/21198 Board of Supervisors 254-9842/C.1.1 CONTRACT AWARD RECOMMENDATION October 14, 1998 Page 2 11. Cal Interstate Construction, Concord, California $795,440.44 12. PCS Associates, Vacaville, California $821,984.44 13. Swank Construction Inc., Vacaville, California $836,644.44 14. N.V. Heathorn,Inc., Oakland, California $898,625.44 The following bid protests have been received: 9-28-98 M.W. Maher General Engineering Contractor(subcontractor to 4'bidder Donaghue)-- protest against Phoenix (low bidder)based on alleged withdrawal of bid by listed subcontractor(R.C. Knapp). 10-1-98 Patrick M. Donaghue(4t"bidder)—protest against BRCO Constructors (2"d bidder) and McFadden Construction(3rd bidder)based on license suspension of listed subcontractor (Noble Tile Setters Co.). 10-2-98 Adkins Painting(subcontractor to 4d'bidder Donaghue)—protest against Phoenix (low bidder)based on alleged withdrawal of bid by listed subcontractor(R.C. Knapp); protest against BRCO Constructors(2'd bidder)and McFadden Construction(3rd bidder)based on license suspension of listed subcontractor(Noble Tile Setters Co.). 10-5-98 Code Engineering (subcontractor to 4''bidder Donaghue)—protest against Phoenix(low bidder)based on alleged withdrawal of bid by listed subcontractor(R.C. Knapp). 10-5-98 Alfa Tile, Inc. (subcontractor to 4'bidder Donaghue)----protest against BRCO Constructors (2"d bidder) and McFadden Construction(3rd bidder)based on license suspension of listed subcontractor(Noble Tile Setters Co.). In addition, on October 8, 1998, our office received a fax transmittal from Patrick M. Donaghue(49' bidder) informing us of the license suspension of Vintage Drywall, a listed subcontractor of the low bidder(Phoenix). HA 1998i250984218L04240m.doc Rev.10/21/98 Board of Supervisors 250-984210.1.1 CONTRACT AWARD RECOMMENDATION October 14, 1998 Page 3 We have investigated the bid protests against Phoenix(low bidder) and have made the following determinations. Knapp claims to have withdrawn its bid prior to bid opening. However,the claimed withdrawal was not in writing, and there is no evidence that it was received by Phoenix prior to bid opening. Phoenix has informed us that they will be performing the earthwork themselves. This is consistent with applicable laws and would involve no bid shopping. We have found no evidence of any violation that would require the invalidation of Phoenix's bid. It also is questionable whether the subcontractors even have standing to file bid protests against Phoenix. Assuming that Donaghue's October 8, 1998 fax transmittal can be considered as a.bid protest,there is no evidence that, at the time it listed Vintage Drywall as a subcontractor, Phoenix was aware of the license suspension. If the license suspension is not removed and it turns out that VintageDrywall cannot perform as a subcontractor, substitution would be allowed under Public Contract Code Section 4107, which expressly covers the situation where a listed subcontractor is not licensed. Under these circumstances, there is nothing that would require the invalidation of Phoenix's bid. The bid protests against BRCO Constructors(2na bidder) and McFadden Construction(3'bidder)have no bearing on the proposed award to Phoenix(low bidder). Therefore, they are irrelevant and should be overruled on that basis. These protests should be considered on the merits only if the Board, at some point, is considering an award to BRCO Constructors(2"'bidder)or McFadden Construction(3' bidder). Based on the results of our investigation,we recommend that the Board overrule all of the above bid protests. Written notice of that recommendation has been sent to the protestors, and they have been afforded an opportunity to address the Board on this matter, if they wish. The proposed Board order contains language overruling the bid protests. GB:ns:bs:tb cc: County Administrator's Office County Counsel Clerk of the Board(w/bids) Contract Compliance Officer HAI 998\2509842\8 L04240m.doe Rev.t 0f2 tl98