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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: February 3, 2004
SUBJECT: AWARD CONTRACT FOR KIDD MANOR COMPREHENSIVE MODERNIZATION
PROJECT CA045002, SAN PABLO, CALIFORNIA TO GANSEK, INCORPORATED IN
THE AMOUNT OF $1,185,000.00
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
DETERMINE that the bid protests submitted by Hung Construction and JMA Construction are
without merit and OVERRULE the protests; and
WAIVE the following informa#ities or minor irregularities in the bid submitted by Gansek,
Incorporated (Gansek), the same already having been cured: the bidder's submittal of one copy of the bid
instead of two; the bid amounts in section 1 written in numerals but not written in words; the security sum
not Fisted in section 3; the bidder's representations not completed in section 5; and the address phone,
contractor's license number, and subcontract dollar value not included for each subcontractor listed in the
Designation of Subcontractors; and
DETERMINE that Gansek is the lowest responsive and responsible bidder and AWARD the
contract to Gansek in the amount of$1,185,000.00; and
AUTHORIZE the Executive Director of the Housing Authority to execute the contract with Gansek
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
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 3, 2004 APPROVED AS RECOMMENDED X 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 I ebruary 3, 2004
JOHN SWEETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR.
� , DEPUTY
C:\Documents and Settings\jhayes\Locat Settings\Temporary Internet Files\OLK O Kidd Manor Intl doc
February 3, 2004
Page 2 of 2
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 Gansek, Incorporatedbe 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 awarding 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)
11. FINANCIAL IMPACT:
This contract is funded by HUD's Capital Fund Program (CFP). There are no County general
funds involved in the funding of this contract. The amount of the contract is within;the amounts budgeted.
III. REASONS FOR RECOM'MENDATIONIBACKGROUND
Bids for the above captioned project were received on November 18, 2003. There were six (6)
bids received. A copy of the Bid Abstract is attached. The lowest monetary bidder was Gansek
($1,185,000).
After the bids were opened, the second lowest bidder, Hung Construction, and the sixth lowest
bidder, JMA Construction, sent letters protesting the low bid submitted by Gansek(see attached copies).
The protests were based on Gansek's failure to submit two copies of the bid and to include the address,
phone, contractor's license number, and subcontractor dollar value of each subcontractor fisted in the bid.
Housing Authority staff has carefully reviewed the bid protest with County Counsel and has
concluded that the items complained of are informalities or minor irregularities that do not affect the
validity of Gansek's bid. The subcontractors were adequately listed and identified in Gansek's bid, thus
committing Gansek to those companies. Shortly after the bid opening, Gansek recognized the omission,
and cured it by submitting a fully completed version of the Designation of Contractors form. They
complied with Public Contract Cade Section 4104, which allows a bidder, at a local agency's option, to
submit supplemental subcontractor information within 24 hours of bid opening. The omission of a second
duplicate bid package, as well as the missing subcontractor information, did not give Gansek an
advantage over the other bidders.
Pursuant to the Housing Authority's protest policy, written responses have been sent to Hung
Construction and JMA Construction informing them that the bid protests are without merit (see attached
copies). It is recommended that the Board overrule the bid protests, determine that Gansek is the lowest
responsive and responsible bidder, and award the contract to Gansek for$1,185,0300.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to approve the execution of a contract with Gansek,
Incorporated, the Housing Authority may experience scheduling delays, which may jeopardize funding
allocated to this project.
c\documents and settmgsl hages'Jocat settingskemporary internet fikeskolkI6\bo kidd manor in-I.doc
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
3133 Estudillo Street, P.O. Box 2759
Martinez, CA 94553
ABSTRACT OF BIDS'
Kidd Manor Comprehensive :Modernization Project * 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 Tuesday, November 18,2001 and verified all entries on this abstract as in agreement with bid amounts.
!.-.._
PAl
Si nature (Signature)
�ou
umM
Y PU
Taber Construction Unit Pricing No. 1 ` L
� P. J. Box 1309
Martinez, CA 94533
Unit Pricing No. 2 - ' Uzi ,
Unit Pricing No. 3 ' ? ---�j
` �, ,rte
Base Bid � IV)I
Pacific Engineering Builders unit Pricing No. I/,, �` G)
1009 Terra Nova Boulevard
Pacifica CA 94044 unit Pricing No. 2
Unit Pricing Na, 3 ' �i.
'n
_._....._................ ..._ _.. ._.._.. _.... ...... . ... . ... ... .. ..............._ a_..._..... __.. ._...... ._.
Base Bids I I 1 $ �C o e � c
Gansik, Inc. Unit Pricing No. Of 11 �' C-10
3 1511 Hearts Avenue
Berkeley, CA 95173 unit Pricing No. 2
Unit Pricing No. 3
Base Bid
Elocin Construction Unit Pricing No. 1
q. 4851 Sunrise Drive
Martinez, CA 94533 unit Pricing No. 2
Unit Pricing No, 3
Base Bid i 0 00 f�
JMA Construction Unit Pricing No. 1 # b
5 180 Larkin Street
San Francisco, CA 94109 Unit Pricing No. 2 0
Unit Pricing No. 3 0 ` �
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
3133 Estudillo Street, P.O. Box 2759
Martinez, CA 94553
Pa e 2
ABSTRACT OF BIAS
Kidd Manor Comprehensive Modernization Pro'ect * CA045002 Kidd Manor San Pablo
(Scope of Invitation)
C personally opened and read the following bids received at 3133 Estudillo Street,Martinez, California at
2:00 pm.on Tuesday. November 18.2003,and verified all entries on this abstract as in agreement with bid amounts.
lid
Si nature i Si nature
Base BidK? 0 t
"T
Hung Construction unit Pricing No. 1"� 1 3 Q
101 West Tower Avenue #A
Alameda, CA 94501
Unit Pricing No. 2 00. L '
Unit Pricing No. 3 1 -Z-� '
_ ... ............_ ...... . .........__.._. _.......... _ ... ,° . . .1._ _. __r . .�... ._._...._
Base Bid � �,. � �r� � 0 0�
Krama Inc. Unit Pricing No. 1
7 2001 San Pablo Avenue
Oakland, CA 94812 unit Pricing No. 2
Unit Pricing No. 3` Soo } �
Base Bid
Kon Electric Corporation Unit Pricing No. 1
$ 100 North Hill Drive #46
Brisbane, CA 94005 Unit Pricing No. 2
Unit Pricing No. 3
Base Bid
Clearwater Plumbing Unit Pricing No. 1
9 027 Santa Ray Avenue
Oakland, CA 940'10 unit Pricing No. �
Unit Pricing No. 3
Base Bid
Watson Electric Unit Pricing No. 1
10 12480 San Pablo Avenue
Richmond, CA 94805 Unit Pricing No. 2
Unit Pricing No. 3
.................................................................................. .....................................................................................
:Hung Construction
161 West Tower Avenue,Suite A
Alameda,CA 94501
Tel: (510) 337-9010 Fax: (510) 337-9012
NA MAIL AND FACSIMILE M9 )372.0236
November 19, 2003
Housing Authority of the County of Contra Costa
3133 Estudillo Street
Martinez, CA 94553
Attn: Mr. Robert Moore
RE Kidd Manor Senior Apartments Comprehensive Modernization Project
Dear Mr. Moore:
This letter of protest is to the award of the contract to Gansek, Inc. as a non-responsive
bidder regarding the Kidd Manor Senior Apartments Comprehensive Moden-dzation
Project. The bid documents require that each bidder to submit two copies of the bid
documents. While all bidders turned in two bid proposals, Gansek, Inc. had only turned
in one copy, This is already unfair to all the bidders who follow the bidding procedures.
In addition, on the Designation of Subcontractors list, the instruction states clearly that in
compliance with the provisions of the PubUc Contracts Code of the State of
California, each bidder shall type in the name and location of each subcontractor as
required by law. However, Gansek, Inc, only listed the name of the subcontractors
withouffisting, their addresses, phone numbers, contractor's license numbers and dollar
value of subcontract as required on the Designation of Subcontractors list fonn. Some of
the names are even abbreviated. There is no way of telling whether those subcontractors
exist or valid.
The recommended resolution to this matter is to disqualify Gansek, Inc. and award the
project to the second lowest bidder Hung Construction who has followed the bid
procedures and listed all the subcontractors properly,
Thank you for your attention,
Sincerely,
�ddn Woo
Hung Construction
JMA CONSTRUCTION
November 26.203
1-lousing Authotity of the County of Conan Costa.
3I13 Fstudillo Street
Martinez,CA 94553
A..ov Robert Moore
RE: Mdd Mwaor Senior Apartmcrcts Comprebwmi-a Modcrnisation Proitct,San Pablo
y
Dear Robert-
This lemr of protest is to tlxe apparent law bidder GANSI?K INC,at a non responsive bidder regarding
the above meot;onvi ptoject.
Under the "Dirrectioml per Pmparatiaa and Sobrnissiov of Siddittg Documents", Section 1, Bidding
requirements,stated 'At time of bidding;a OW bid shall contain nwontea of the flowing:items -—"
(See attaches(). At time of bidding, GANSEK INC. only submitted one copy of the bidding document.
According to the instruction,G_ANSEKa bid it not valid.
We hope you can look into this mamt and malu C-ANSRK LNC. as a non responsive bidder ad consider
rtbiddirg the project.
Thewk you for your attention.
&lwelq,
Jst:kic rag
Pmjtt t'vfaalgaf
1001 LA31 M sTRRr%T SAN FR.ANCtSCO. CA ` 04104
t'I•tOKS: (4131 926.4141 • PAY, (41$1 aS2.a.L.4
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..........................................................................................................................................................................................
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At thm of bidding,t2 waffild bid alhuxlH conin MO copiti of the following isms:
a. Bi orm
b. Bid Bond
C.* R4prestatations,Certifications&Other Statenunts of Bidders
d. previous Parii6pation Cardfication
e. Designationofgubcnatra rs
f. Non-Collusive Affidavit
j ENT
I The surety on the bonA for any bid or for the retf4trikonce of the cont mO shall bt
any corp otation authorized aaJ qualified to-act as surety in the St me of California and
listed in U.S.Tnasury Q!cular No. 570 published anawdly in the Federal R*sb=. It
lists compwiiei approved to act is surety on bonds scouting gav=n=ent contracts.the
maximum underwriting Urniti on esch contract bonded,and dz Stater.In which each
company is Hremed to do busintos. Use of title rimulat is mandmotT. Ple
perf=nanand payment bond shall each he In anouAtof one hundred percent
ce
(1006/0)of the Conttactl'tice, Thr cost istobeindWedinthe bid.
2. The name,iritivang 6A fast mmne,And ret c*of each individwil p"to the
band shall be inserted in the hod;thereof,and each such party sW sip the,bond
with his usual sipatttre on the fine opposite t1m scroll=4 and if sited in Maim,
Massachusetts,or New Haropshire,in salms1vt seal shall be affted opposite the
3. If the principals are partners,dudr individual sitnes sholl.appear in the body of the
bond,with the recital that thty are p4mets composing a fine,narning it,AU the
rmnben of the rum gktlt execute the bona m in&viduals.
4. The signature of a witness shah appear in the appropsiate placestreadng die sipitme
of each individual party to the bond,
5. If the princips),or surety is a corporation,the asarm of the sate In which kworporaied
shxtl be inserted in the appropriate place In the body of the bond,uA said Instrument
shall,be exer-ated and attested under the cotporam real as indicated in the foun. If the
corporation his no corporate seal the fact shal be stand,in which case a sexal or
idheclvt seal shall appear fbllovAng the co%potate name.
40110f 81SWOO Wwr
,''''I'll,...11........I....................................................................................................................................................................................
...... .. .................................................................
HOUSING AUTHORITY
OF THE
COUNTY Of CONTRA COSTA
affo,JaWe housing solutions
Via Fax and U.S. Mail
Adam Woo
Hung Construction
101 West Tower Avenue, Suite A
Alameda, CA 94501
Re: Kidd Manor Comprehensive Modernization Project, San Pablo
Dear Mr. Woo:
We have received your November 19, 2003 letter protesting the bid submitted by the
lowest apparent bidder, Gansek, Inc. According to your letter, Gansek's bid was non-
responsive because they only turned in one copy of the bid and because their
Designation of Subcontractors form did not include the addresses, phone numbers,
contractor's license numbers, and subcontract dollar values for the listed
subcontractors. For this reason, you requested that Gansek be disqualified and that the
contract be awarded to your company.
The Housing Authority has carefully reviewed and considered the points raised in your
protest letter. From our review, I make the following written decision on your bid
protest:
(1) Gansek's failure to submit an extra copy of their bid is a matter of form, not
substance. Although the Housing Authority requested and prefers to receive two
copies of each bid, the lack of an extra copy did not affect the validity of
Gansek's bid.
(2) Gansek's listing of subcontractors in the Designation of Subcontractors form was
adequate to identify the subcontractors and to commit Gansek to those
companies. While some subcontractors were listed with initials, that still was
adequate to identify the intended companies. Besides, the bid submitted by your
company also listed a subcontractor with initials (AMG). Moreover, Gansek
promptly provided the missing information within the time allowed by Public
Contract Code Section 4104.
(3) There is no evidence that the above omissions were intentional, that they
affected the bid prices, or that they gave Gansek an unfair competitive advantage
over your company or other bidders.
3133 ESTUDILLO STREET*P.O.BOX 2759•MARTINEZ,CALIFORNIA 94553•PHONE(925)372-7400•FAX(925)372-0236
www,contracostahousing.ow
The Board of Supervisors will consider the contract award for this project at the Board's
meeting on Tuesday, February 3, 2003, which begins at 9:30 a.m. Housing Authority
staff is recommending that the Board waive the alcove irregularities and award the
contract to Gansek as the lowest responsive and responsible bidder. If you d isagree
with my written decision and wish to address the Board on this issue, you may appear
at that time.
Sincerely,
R Bert man
Executive Director
HOUSING AUTHORITY
OF THE
COUNTY Of CONTRA COSTA
3tibtg8��a}gyp UStt{�SO�UCIOt15
Via Fax and U.S. i'ItMaH
Jackie Eng
JMA Construction
1801 Larkin Street
San Francisco, CA 94109
Re; Kidd Manor Comprehensive Modernization Project, San Pablo
Dear Ms. Eng:
We have received your November 26, 2003 letter protesting the bid submitted by the
lowest apparent bidder, Gansek, Inc. According to your letter, Gansek's:bid was non-
responsive because they only turned in one copy of the bid. For this reason, you
requested that the Housing Authority determine the Gansek is a non responsive bidder
and consider rebidding the project.
The Housing Authority has carefully reviewed and considered the points raised in your
protest letter. From our review, I make the following written decision on your bid
protest;
(1) Gansek's failure to submit an extra copy of their bid is a matter of form, not
substance. Although the Housing Authority requested and prefers to receive two
copies of each bid, the lack of an extra copy did not affect the validity of
Gansek's bid.
(2) There is no evidence that the above omission was intentional, that it effected the
bid prices, or that it gave Gansek an unfair competitive advantage over your
company or other bidders.
(3) In the Invitation for gids, the Housing Authority reserves the right to waive any
informalities in the bidding. According to the Instructions to Bidders, the Housing
Authority may waive informalities or minor irregularities in bids received. The
above omission constitutes an informality or minor irregularity that is waivable by
the Housing Authority.
(4) Based on the above, I have determined that your bid protest is without merit and
that there are insufficient grounds to reject Gansek's bid or disqualify Gansek.
3133 ESTUDILLO STREET•P.O.SOX 2759•MARTINEZ,CALIFORNIA 94553•PHONE(925)372-7400•FAX{925)372-0236
www.contracostahousing.org
The Board of Supervisors will consider the contract award for this project at the Board's
meeting on Tuesday, February 3, 2003, which begins at 9:30 a.m. Mousing Authority
staff is recommending that the Board waive the above irregularities and award the
contract to Gansek as the lowest responsive and responsible bidder. if you disagree
with my written decision and wish to address the Board on this issue, you may appear
at that time.
Sincerely,
Robert M6-Ewan
Executive Director