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Home My WebLink AboutMINUTES - 02152000 - HA1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA `><'O: BOARD OF COYAUSSIONERS FROM: Robert McEwan, Executive Director DATE: February 15, 2000 SUBJECT: AWARD CONTRACT FOR KIDD MANOR CANOPY AND STAIRWAY PROJECT, AT KIDD MANOR (CA045002), SAN PABLO, CALIFORNIA TO TABER CONSTRUCTION COMPANY IN THE AMOUNT OF $442,122. SPECIFIC REQUESTS)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: DETERMINE that the bid protest submitted by CJE Construction,Inc. ("CJE")is without merit and OVERRULE the protest;and WAIVE,as a minor informality,the absence of a price for Unit Pricing No. 3 in the bid submitted by Taber Construction Company C'Taber")and DECLARE that such an absence is not considered to be an irregularity or grounds for rejection of Taber's bid;and AWARD the contract to Taber in the amount of 5442,122,which includes the Base Bid,Bid Alternates Nos. 1 and 2, and Unit Pricing Nos. I and 2;and AUTHORIZE the Executive Director of the Housing Authority to execute the contract with Taber Construction Company upon receipt of satisfactory performance and payment bonds and insurance certificates;and ORDER that in accordance with the project specifications and/or upon signature or the contract,any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned;and ORDER that the Executive Director is authorized to sign any escrow agreements prepared for this project to permit the substitution of securities for moneys withheld by the Housing Authority to ensure performance under the contract,pursuant to Section 22300 of the Public Contract Code;and Pursuant to Public Contract Code Section 4114,DELEGATE the Board's functions under Public Contract Code Sections 4107 and 4110 to the Executive Director or his designee;and DECLARE that,should the award of the contract to Taber Construction Company 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,refines to sign the contract,or fails to furnish required bands or insurance (see Public Contract Code sections 5100-5107). 11. FINANCIAL IMPACT: This contract is funded by HUD's Comprehensive Improvement Assistance Program(CIAP). There are no County general funds involved in the finding of this contract.The amount of the contract is within the amounts budgeted. CONTINUED ON ATTACHMENT: X YES SIGNATURE /' RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED K OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THA,r THIS IS A X UNANIMOUS (ABSENT _ v » } TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED '' PHIL BATC LOR,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY - DEPUTY AWARD CONTRACT FOR KIDD MANOR CANOPY ANIS STAIRWAY PROJECT, AT KIDD MANOR (CA045002), SAN PABLO,CALIFORNIA TO TABER CONSTRCUTION COMPANY. February 15,2000 Page 2 of 2 III. REASONS FOR RECONVi ENDATIONBACKGR.OUND Bids for the above captioned project were received on January 6,2400. There were four(4)bids received.A copy of the Bid Abstract is attached. The lowest monetary bidder was Taber($442,122). After the bids were opened,the third lowest bidder,CTI;,sent a letter protesting the low bid submitted by Taber (see attached copy).The protest was based on a claim that Taber Construction Company's failure to insert a bid amount for Unit Pricing No.3(additional traffic-bearing deck surfacing on a square-foot basis).Housing Authority staff has carefully reviewed the bid protest and has concluded that the protest is without merit for several reasons: • The inclusion or absence of Unit Pricing No. 3 has no effect on the total bid amount and is not considered in determining the lowest bid;and • Unit pricing No.3 is for a contingent item that may or may not be required for the project;and The contract documents authorize the Housing Authority to waive minor informalities and to accept any item or combination of items bid. The Executive Director has sent a written response to CJE denying the bid protest and indicating that the contract will be recommended for award to Taber(see attached copy). Staff has reviewed Taber's bid and found it to be the lowest responsive bid. It is recommended that the Board overrule the bid protest filed by CJE,waive the minor informality in Taber's bid,and award the contract for this project to the low bidder,Taber.Funding for this public housing modernization project is provided through the U.S.Department of Housing and Urban Development"s Comprehensive Improvement Assistance Program. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to approve the execution of a contract with Taber Construction Company,the Housing Authority may experience scheduling delays,which may Jeopardize funding allocated to this project. BoKiddM*wr HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 Estudillo Street, P.O. Box 2759 Martinez,CA 94553 ABSTRACT OF BI3S Ca ipy & Stairway Replacement-Project *_* Kidd Manor ** CA045002 Kidd Manor San Pablo (Scope of Invitation) 1 personally opened and read the following bids received at 3133 Estudillo street,Martinez,California at 2:00 p.m.on Thursday, January 05,2000,and verified all entries on this abstract as in agreement with bid amounts. (Signature) (Signature) fill) No . NAMEAND ADDRESS 0F BIDDERS BASE BID: Miller — Sorg Group Bid Alternate No. 1 710 Kellogg Street Bid Alternate No. 2 � Suisun City, CA 94585 Unit Pricing No. 1 Unit Pricing No. 2 Unit Pricing No. 3 BASE BID: " ` Blythe & Associates Bid Alternate No. 1 } ' 717 Kentucky Street Bid Alternate No. 2 2 Unit Pricing No. 1 ° Fairfield, CA 94533 Unit Pricing No. 2 Unit Pricing No. 3 cam. BASE BID: /' C.J.E. Construction Bid Alternate No. 1 Ze7v 781 Hazelwood Drive Bid Alternate No. 2dcat ' Walnut Creek, CA 94596 Unit Pricing No. 1 Unit Pricing No. 2 " -J'd Unit Pricing No. 3 BASE BID: Fred Hearn Construction Bid Alternate No. 1 +630 Davis Street Bid Alternate No. 2 4 Vacaville, CA 95688 Unit Pricing No. 1 Unit Pricing No. 2 Unit Pricing No. 3 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 Estudillo Street, P.O.Box 2759 Martinez,CA 94553 ABSTRACT OF BIDS Page 2 Canopy & Stairway Replacement Project ** Kidd Manor ** CA045002 Kidd Manor San Pablo (Scope of Invitation) I personally opened and read the following bids received at 3133 Estudillo Street,Martinez,California at 2:00 p.m.on Thursday, January 06,200(1,and verified all entries on this abstract as in agreement with bid amounts. (Signature) (Signature) BID NO. NA N1 E ,A N 1) ADDRESS OF BI DDERS ANIOU NTOF 1111) BASE BID. /22 ,0 Taber Construction Bid Alternate No. 1 4 4861 Sunrise Drive, X107 Bid Alternate No. 2 21 5 Martinez CA 94553 Unit Pricing No. � Unit Pricing No. 2 Unit Pricing No. 3 BASE BID: Northwind Contractors Bid Alternate No. 1 1501 Loveridge Road X16 Bid Alternate No. 2 6 Pittsburg, CA 94565 Unit Pricing No. 1 Unit Pricing No. 2 Unit Pricing No. 3 BASE BID: 21& _ CLD Construction Bid Alternate No. 1 r r 1442-A Walnut Street #137 Bid Alternate No. 2 Unit Pricing No. 1 Berkeley, CA 94709 Unit Pricing No. 2 Unit Pricing No. 3 BASE BID: Bid Alternate No. 1 8 Bid Alternate No. 2 Unit Pricing No. 1 Unit Pricing No. 2 Unit Pricing No. 3 r`2 _r * e 761 Hdzolwood i Nl e construction. inc, _ Woinut Creek:CA 94596 ,i LICense#685209 Phone: (925)937-6707 Fax: (925)937.6796 January 12, 2000 Email:cisinc99@ooi.com Housing Authority Of The County Of Contra Cosh 3133 Estudilio Street Martinez, CA 94553 Attn: Robert Moore Subject: Kidd Manor Senior Apartment Building Canopy& Stairway Replacement Project FORMA. BID PROTEST Dear Robert, Per Addendum No. 1 dated 12-14-99 the bidders were instructed to use the "New Bid Form attached (3 pages)" Item 2 of the revised bid form stated, "To be considered for award of this contract a bidder is required to submit the BASES BID and the following Bid Alternate and the Unit Price: Bid Alternate: 1 through 2 Unit Price: 1 through 3" The apparent low bidder,Taber Construction, failed to supply all the required unit prices, Therefore their bid must be considered invalid and not 2ligible for consideration or award. By the same token CLD Construction, the second lowest bidder, did not supply any Alternate or Unit Prices, and must also be rejected. However our bid, which is next in lisle, is valid and complete and we should be awarded this project as the lowest responsible bidder. Thank you for your consideration. We look forward to working with you on this project and others in the future.. Vary truly yours, ---�e T.R. (Rick) Henderson, President cje Construction, Inc. cc: File Roder Brothers, Esq. HOUSING AUTHORITY Of the COUNTY OF CONTRA COSTA 3133 Estudillo Street • P.O. Sox 2759 + Martinez, Catifomia 94553 FAX(925) 372-0791 Q Central Administration (925)372-0791 ■ Development/Moderni2ation (925)372-7308 D Fiscal Acct.&Financial Services January 27,2000 (925)372-8134 • Housing Management (925)372-0796 • Housing Operations (925)372-7400 • Purchasing T.R. Henderson, President (925)687-2198 C,J.E. Construction,Inc. • Rental Rehab/Technical (925)372-7391 761 Hazelwood Drive Walnut Creek, CA 94596 Ile: Kidd Manor Canopy& Stairway Project, Bid Protest Dear Mr. Henderson: On January 12, 2000 the Housing Authority received a letter from your company, protesting the bid of the apparent low bidder, Taber Construction, for the Kidd Manor project in San Pablo. According to your letter, Taber's failure to insert an amount for Unit Pricing No. 3 invalidates their bid. After careful review of the bid documents, the Housing Authority has determined that you protest is without merit. The omitted item (Unit Pricing No. 3) is an unknown, contingent item that has no effect on the bid prices or the ranking of the bidders. As such,it is a minor informality that may be waived (See Invitation for Bids;Instructions to Bidders, Section 8(d).) Moreover, the contract documents allow the Housing Authority to award or reject any combination of Unit Prices. (See Technical Specifications, Section 01100, 1.01.F and G.) For the reasons cited above, I find your protest to be without merit, and reject it as cause to not award the contract to the apparent low bidder. The Housing Authority will recommend award of this contract to the Board of Supervisors at their February 15, 2000 meeting. If you choose to address the Board on this issue,you may do so at that time. Sincerely, Robert McEwan Executive Director Cc: David F.Schmidt,Deputy County Counsel ys i