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HomeMy WebLinkAboutMINUTES - 11062001 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: NOVEMBER 6, 2001 SUBJECT: AWARD CONTRACT FOR CASA DE MANANA & LOS NOGALES REROFFING PROJECT CA011012 & CA011004, OAKLEY & BRENTWOOD, CALIFORNIA TO SOLANO COUNTY ROOFING IN THE AMOUNT OF $225,430 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: DETERMINE that the bid protest submitted by Enterprise Roofing Service, Inc. ("Enterprise") is without merit and OVERRULE the protest; and WAIVE, as a minor informality, the absence of the Previous Participation form and the Representations and Certification Form in the bid submitted by Solano County Roofing ("Solano"); and DECLARE that such an absence is not considered to be an irregularity or grounds for rejection of Solano's bid; and AWARD the contract to Solano County Roofing in the amount of$225,430 which includes the Base Bid and Unit Pricing Nos. 1 and 2; and AUTHORIZE the Executive Director of the Housing Authority to execute the contract with Solano County Roofing 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 monies 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 CONTINUED ON ATTACHMENT: X YES SIGNATURE 2(!� RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON November 6. 2001 APPROVED AS RECOMMENDED XX OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT None ) 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 November 6. 2001 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY PUTY H:\judyhmtz\MSOFFICE\WINWORD\BOARD\Contract Award-Reroofing Oakley&Brentwood.doc DECLARE that, should the award of the contract to Solano County Roofing 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 rewarding 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) II. FINANCIAL IMPACT: This contract is funded by HUD's Comprehensive Grant Program (CGP). There are no County general funds involved in the funding of this contract. The amount of the contract is within the amounts budgeted. Ill. REASONS FOR RECOMMENDATION/BACKGROUND Bids for the above captioned project were received on September 20, 2001. There were four (4) bids received. A copy of the Bid Abstract is attached. The lowest monetary bidder was Solano ($225,430). After the bids were opened, the second lowest bidder, Enterprise, sent a letter protesting the low bid submitted by Solano (see attached copy). The protest was based on a claim that Solano's failure to include the above cited supplementary documents. Housing Authority staff has carefully reviewed the bid protest with County Counsel and has concluded that the protest is without merit for two reasons: ❑ The inclusion or absence of these documents have no effect on the total bid amount and is not considered in determining the lowest bid; and ❑ The contract documents authorize the Housing Authority to waive minor informalities. The Executive Director has sent a written response to Enterprise denying the bid protest and indicating that the contract will be recommended for award to Solano (see attached copy). Staff has reviewed Solano's bid and found it to be the lowest responsive bid. It is recommended that the Board overrule the bid protest filed by Enterprise, waive the minor informality in Solano's bid, and award the contract for this project to the low bidder, Solano County Roofing. Funding for this public housing modernization project is provided through the U.S. Dept. of Housing and Urban Development's Comprehensive Grant Program. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to approve the execution of a contract with Solano County Roofing, the Housing Authority may experience scheduling delays, which may jeopardize funding allocated to this project. HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 Estudillo Street, P.O. Box 2759 Martinez, CA 94553 ABSTRACT OF BIDS Casa de Manana Los Nogales Re-roofing Project CA011012 Oakley / CA011004 Brentwood (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, September 20, 2001, and verified all entries on this abstract as in agreement with bid amounts. C, (Si na e) (Sin re) 1 NO. NAIVIE AND ADDRESS OF BIDDERS AMOUNT OF BID BASE BID: 4& 2 533,e 75 WESTERN ROOFING UNIT PRICING NO. 1 7 5 1 2594 Oakdale Avenue San Francisco, CA 94124 UNIT PRICING NO. 2 75 BASE BID: ARC ROOF, INC. 2 650 McClarey Avenue UNIT PRICING NO. 1 Oakland, CA 94521 UNIT PRICING NO. 2 BASE BID: it 2 2511/ ,30 SOLANO COUNTY ROOFING �y 3 4399 Cordelia Road UNIT PRICING NO. 1 s /,40 Cordelia, CA 94585 l t' 0a-C9 P UNIT PRICING NO. 2 BASE BID: 2 SPARKS ROOFING CO., INC. 4 P.O. Box 21563 UNIT PRICING NO. 1 A015 Concord, CA 94521 kyr UNIT PRICING NO. 2 �4 J7 570M•, BASE BID: 29Z 8'742 ENTERPRISE ROOFING SERVICES 5 P.O. Box 27368 UNIT PRICING NO. 1 A 1,750 Concord, CA 94527 b UNIT PRICING NO. 2 W 2 . 9•d� BASE BID: 6 UNIT PRICING NO. 1 UNIT PRICING NO. 2 For: $ By: Title: Date: #122A Rev.6/93 �n terprtse �ooling P.O.BOX 27368 CONCORD.CA 94527 • PHONE(925)6B9-8100 FAX(925)825-5027 Service,V`n/nc. CALIFORNIA CONTRACTOR'S LICENSE 221274 • NEVADA CONTRACTOR'S LICENSE 12052 UTAH CONTRACTOR'S LICENSE 34244 September 28, 2001 Mr. Robert McEwan, Contracting Officer HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA P. O. Box 2759 Martinez, CA 94553 RE : Service of Protest—Casa de Manana & Los Nogales Re-roofing Project CAO 11012 Casa de Manana, Oakley, CA & CAO 11004 Los Nogales, Brentwood, CA Dear Mr. McEwan : ENTERPRISE ROOFING SERVICE, INC. is protesting the award of the above referenced contract to the apparent low bidder, Solano County Roofing. We do this in accordance with the attached excerpts for the Bid Documents. As the second to low bidder, ENTERPRISE ROOFING SERVICE, INC. is an interested party in this matter. We find ample grounds for disqualification of the apparent low bidder, including, but not limited to the following: 1. Only one Bid Form was provided in spite of the fact that the Instructions to Bidders and Bid Documents clearly state that the bid must be provided in triplicate. 2. Only one Bid Bond was provided in spite of the fact that the Instructions to Bidders and Bid Documents clearly state that the bid must be provided in triplicate. 3. The Afiadavit on the bond was not sealed with a corporate scai as required to render it valid. 4. Wolfgang Folk modified the Bid Bond form and Certified himself as Principal of Solano County Roofing in lieu of the Corporate Secretary attesting to this fact as the form requires. 5. NO copies of the Representations and Certifications of the Bidders were provided with their bid, although this was clearly required by the Bid Documents and on all Federally funded projects. 6. All other bids submitted by the other three contractors provided all of the above information in strict accordance with the Instructions to Bidders and the Bid Documents. COMMERCIAL INDUSTRIAL INSTITUTIONAL Page Two Service of Protest September 28, 2001 We at ENTERPRISE ROOFING SERVICE, INC. took the time to thoroughly review the requirements outlined in the Bid Documents as needed to be a valid, responsive bidder, as did two other companies. To allow one company to circumvent the rules we all must live by would reduce the public bid process to a meaningless and futile exercise. Please reject the low bidder as non-responsive and award the contract to ENTERPRISE ROOFING SERVICE, INC. Thank you for your time and consideration. Very truly yours, TERPRIS ROOFING SERVICE, INC. v\ 1 'f Martha u Vice Presi ent A inistration S. Late Submissions,Modifications,and Withdrawal of Bids 6. Bid Opening (a) Any bid received at the place designated in the solicitation after All bids received by the date and time of receipt the exact time specified for receipt will not be considered unless it is solicitation will be publicly opened and read. The t received before award is made and it: opening will be as specified in the solicitation. B (1) Was sent by registered or certified mail not later than the interested persons may be present fifth calendar day before the date specified for receipt of offers(e.g., 7. Service of Protest an offer submitted in response to a solicitation requiring receipt of (a) Definitions. As used in this provision: offers by the 20th of the month must have been mailed by the 15th); "Interested party"means an actual or prospec (2) Was sent by mail, or if authorized by the solicitation,was direct economic interest would be affected by sent by telegram or via facsimile,and it is determined by the PHA/ contract IHA that the late receipt was due solely to mishandling by the PHA/ IHA after receipt at the PHA/IHA;or 'Protest"means a written objection by an inter solicitation or to a proposed or actual award of a (3) Was sent by U.S. Postal Service Express Mail Next Day to this solicitation. Service-Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for (b) Protests shall be served on the Contracting C receipt of proposals. The term working days"excludes weekends written and dated acknowledgement from— and observed holidays. (b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a)of this provision. (c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S.or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the bid,modification,or withdrawal shall be processed as if mailed late. 'Postmark' means a printed, stamped, or otherwise (Contracting Officer designate the official or Iota placed impression(exclusive of a postage meter machine impres- may be served on the Contracting Officer) sion)that is readily identifiable without further action as having been (c) All protests shall be resolved in accordar supplied and affixed by employees of the U.S. or Canadian Postal IHA's protest policy and procedures,copies of K Service on the date of mailing. Therefore, bidders should request at the PHA/IHA. the postal clerk to place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. 8. Contract Award (d) The only acceptable evidence to establish the time of receipt at the (a) The PHA/IHA will evaluate bids in respom PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper without discussions and will award a contrac or other documentary evidence of receipt maintained by the PHA/IHA. bidder whose bid, conforming to the solicit advantageous to the PHA/IHA considering only �. (e) The only acceptable evidence to establish the date of mailing of related factors specified in the solicitation. a late bid,modification,or withdrawal sent by Express Mail Next Day (b) If the apparent low bid received in respor Service-Post Office to Addressee is the date entered by the post exceeds the PHA's/IHA's available funding fc office receiving clerk on the "Express Mail Next Day Service-Post tract work, the PHA/IHA may either accept se Office to Addressee"label and the postmark on both the envelope (see 8(e) below) or use the following proc or wrapper and on the original receipt from the U.S.Postal Service. contract award. The PHA/IHA shall apply 'Postmark'has the same meaning as defined in paragraph(c)of this provision, excluding postmarks of the Canadian Postal Service. (proceeding in order from the apparent low bit Therefore,bidders should request the postal clerk to place a legible of the separately priced bid deductible items, hand cancellation bull's eye postmark on both the receipt and Failure order set forth in this solicitation. If upon the by a bidder to acknowledge receipt of the envelope or wrapper. deductible item to all initial bids,a new low bi IHA's available funding,then award shall be r (f) Notwithstanding paragraph(a)of this provision,a late modifica- no bid is within the available funding amount,t: tion of an otherwise successful bid that makes its terms more apply the second deductible item. The PHA/I favorable to the PHA/IHA will be considered at any time it is received process until an evaluated low bid,if any, is k and may be accepted. available funding.If upon the application of al i (g) Bids maybe withdrawn by written notice,or if authorized by this within the PHA's/IHA's available funding, ornot request separately priced deductibles,th solicitation, by telegram (including mailgram)or facsimile machine its written policy and procedures in making transmission received at any time before the exact time set for solicitation. opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and (c) In the case of tie low bids,award shall t postmarked prior to the specified bid opening time. A bid may be with the PHA's/IRA's written policy and pro( withdrawn in person by a bidder or its authorized representative if, (d) The PHA/IHA may reject any and all bid: before the exact time set for opening of bids, the identity of the lowest bid (e.g., the apparent low bid is u person requesting withdrawal is established and the person signs a waive informalities or minor irregularities in receipt for the bid. dance with the PHA's/IHA's written policy 2 Previous edition is obsolete Page 2 of 4 Hacienda Handicap Accessibility Modifications --- . CA011011 Haci ndaY' 'Martine Special Conditions _ Ark. _51 _ . _AMENDMENTS TO THE 1NSTRUCTIONS:,TO BIDDERS.FORCOCTS �, Clause 7. Service of Protest ELETEr,=-->rb_ --Delete. ADD: -:.:: b. Bid protests shaU be served on the Cont=acting Officeibg obfaiiing wi -and dated acknowledgment from: ---- - -- - _ ..,..:.' .. .. .. ..`-3...�sem. ___ —_ - - - �._ _ =';+c�,:,ei+;--• __ _ --x��.-_.�'�f�:T3'..: a .�>: :- _ :. J Ro__bertMcEwan,:COntraCtln ofG _ oUSIDg AIIthOrrty _. �o e.Coimty �ontra CostaF'"=�—' ��,� � _ •�.�,:=�=.,_ P.O.'Box 2759 _ Martinez,California 94553 : ; :: -- - - - Clause 10. Assurance of Completion : - - - - _ - DELETE: a. Delete paragraph in its entirety. •.1 ADD: a. Unless otherwise provided in State Law,the successful bidder shall fiu _ _ 1 an assurance of completion prior to the execution of any contract under this solicitation. Thi: assurance shall be separate performance and payment bonds,each for 100 percent or mor( the contract price. _- AMENDMENTS TO THE GENERAL CONDITIONS The General Conditions shall be modified as follows: 7 Clause 1. Definitions 14 ADD: b. This is a fixed price contract; the price may not be increased, exceptinj changes to the contract approved by the Contracting Officer. Clause 6. Construction Progress Schedule ADD: d. Prior to submittal of the Construction Progress Schedule for approval, Contractor shall confer with the Architect and the Housing Authority of the County of Contc Costa,hereinafter referred to as"PHA", representatives to arrange a schedule that will allow -= Contractor to complete all work within the prescribed time and during normal working hours zj:_ work shall be accomplished outside the regular working hours(8:00 a.m. to 4:30 p.m.),nor,,Q Saturdays, Sundays, or PHA holidays, unless authorized in writing, in advance by the PHA-¢ Contracting Officer. j Page 2 _ _ HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street • P.O. Box 2759 • Martinez, Caldomia 94553 FAX(925)372-0791 O Central Administration October 12,2001 (925)372-0791 ■ Development/Modernization (925)372-7308 Martha J.Dunham O Fiscal Acct,&Financial Services Vice President Administration (925)3724134 Enterprise Roofing Service, Inc. O Housing Management PO Boz 27368 (925)372-0796 O Housing Operations Concord, CA 94527 (925)372-7400 O Purchasing (925)687-2198 O Rental Rehab/Technical (925)372-7391 Re: Casa de Manana & Los Nogales Re-Roofing Project, Bid Protest Dear Ms.Dunham: On September 28, 2001 the Housing Authority received a letter from your company, protesting the bid of the apparent low bidder, Solano Count Roofing, Inc., for the Casa de Manana&Los Nogales Re- Roofing project in Oakley and Brentwood. According to your letter, certain omissions in the bid package submitted by Solano County Roofing invalidates their bid. After careful review of the bid documents by the Office of County Counsel,the Housing Authority has determined that you protest is without merit. The omitted items are considered a minor informality that may be waived. (See Invitation for Bids; Instructions to Bidders, Section 8(d).) For the reason 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 November 6, 2001 meeting. If you choose to address the Board on this issue,you may do so at that time. Sincerely, 6-bertMcEwan Executive Director CC. David F.Schmidt,Deputy County Counsel