HomeMy WebLinkAboutMINUTES - 11062001 - V.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 VISTA DEL CAMINO EMERGENCY FIRE REPAIRS,
CA045001, SAN PABLO, CALIFORNIA TO TABER CONSTRUCTION
COMPANY, IN THE AMOUNT OF $169,556.20.
SPECIFIC REQUEST(S)OR RECO M TIO (S)&BACKGROUND D JUSTIFICATION
I. RECOMMENDED ACTION:
DETERMINE that the repair of four fire damaged units at the Vista del Camino public housing
development in San Pablo constitute an emergency status and that the emergency will not permit
a delay resulting from a competitive solicitation for bids,and that.the Board's action is necessary
to respond to the emergency,and
DECLARE that such emergency repairs are allowable under Housing Authority procurement
policy and HUD regulations;and
AWARD the contract to Taber Construction Company in the amount of$1.69,556.20,as per the
proposal dated October 29,2001;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 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
DECLARE that, 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).
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF
EXECUTIVE DIRECTOR, RECOMMENDATION OF BOARD COMMITTEE_
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 6, 2001 APPROVED AS.RECOMMENDEDXX
OTHER
VOTE OFCOMMISSIONERS:
I HEREBY CERTIFY THAT THIS IS A
xx UNANIMOUS(ABSENT None TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
November 6, 2001
ATTESTED: JOHN SWEETEN,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR:
BY l t, DEPUTY
II. FINANCIAL IMPACT:
This contract is funded primarily by claim against the insurance policy held on the property.The Housing
Authority's deductible costs of$25,000 shall be paid from HUD's Comprehensive Grant Program(CGP).
There are no County general funds involved in the funding of this contract.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
A structural fire damaged a four-plex building within the Vista del Camino development on October 15, 2001.
Four senior residents were displaced,with one resident hospitalized.The Housing Authority has found
temporary housing for two of the residents,and the others are temporarily living with family members.
The Housing Authority has determined that,due to the significant shortage of available housing in the.County,
repairs to these units must be made as quickly as possible. Section D of the Housing Authority's procurement
policy,and Section 4-29 of the HUD Procurement Handbook 7460.8 REV-1 allow award of contract for
emergency repairs.(See attached copies).
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 be unable to house residents displaced by the fire until a public bid process can
be completed,delaying the work for approximately 60 days.
1
L
` 7460.8 REV-1
4.28 UNSOLICITED PROPOSALS. An unsolicited proposal is any offer other than
one submitted in response to a solicitation. Award may be made on the basis of
an unsolicited proposal only in limited circumstances, based on the unique nature
of the proposal, provided that the noncompetitive proposals procedures of this
Handbook are followed and HUD approval is obtained, regardless of the dollar
amount. Unsolicited proposals shall not be used as a means of limiting
competition.
Section 5, NONCOMPE'T'ITIVE PROPOSALS
4-29 JUSTIFICATION. Procurement by noncompetitive proposals sbaU be conducted
only if a written justification is made as to the necessity of using this technique, in
accordance with the procedures described in HA'a procurement policy (see
Appendices 1, 2 and 3 of this Handbook for samples). Approval under this
provision does not obviate requirement for compliance with all aspects of 24 CFR
85.36. 124 CFR 8536 (b) (a)l
The justification should include the following information for procurements above
the small purchase limitation:
• Description of the requirement.
• History of prior purchases and their nature (competitive vs. noncompetitive)
• The specific exception in 24 CFR 85.36(d)(4)(i)(A) through (D) which applies.
• Statement as to the unique circumstances that require award by
noncompetitive proposals.
• Description of the efforts made to find competitive sources (eg.,
advertisement in trade journals or local publications, phone calls to local
suppliers, issuance of a written solicitation, etc.).
• Statement as to efforts that will be taken in the future to promote competition
for the requirement,.
• Approval by an official above the Contracting Officer making the award.
The justification shalt be approved by the Contracting Officer or other official
designated by the HA and included in the procurement file.
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• SEPTEMBER.1"6 POLICY & PROCEDURE 3.0
C. The Executive Director shall establish written procedures to monitor the procurement actions of the
staff which will ensure compliance with the above policy.
D. For purchases specified in Section A, Paragraphs 2 and 3,and Section B, Paragraphs 2 and 3 of this
policy statement, lack of competition is permissible only when an emergency exists which permits
no delay because of the possibility of injury, loss of life,or destruction of property,or when only one
source of supply is available and the Executive Director or Contracting Officer shall so certify.
When there is competitive bidding,the award shall be made to the lowest responsible bidder who
meets the requirements. When there is no competition,the best possible price shall be negotiated
with the supplier.
E. The Executive Director shall make positive efforts to us small,minority-owned and women-owned
businesses as sources for supplies and services. Such efforts should include developing a bidders'
mailing list for these sources,and encouraging them to compete for contracts to be awarded.
F. Not withstanding,the Housing Authority shall comply with the standards established in 24 CFR
85.36.
Adopted by Board
Motion on 09/16196
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procrmntmanuals
rev 8/97