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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: April 6, 2004
SUBJECT: AWARD CONTRACT FOR BAYO VISTA INTERIOR M'ODIF'ICATION - PHASE I,
PROJECT CA011010, RODEO, CALIFORNIA, TO HUNG CONSTRUCTION IN THE
AMOUNT OF $1,250,000
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
DETERMINE that the bid protests submitted by Taber Construction Company, the Northern
California Electrical Construction Industry, and Services Alliance Systems, Inc. are without merit and
OVERRULE the protests; and
WAIVE as a minor informality the omission of the subcontract prices for the electrical and painting
subcontractors listed in the bid submitted by Hung Construction ("Hung"); and
DECLARE that such omission is not considered to be an irregularity or a ground'for rejection of
Hung`s bid; and
AWARD the contract to Hung in the amount of$1,250,000; and
AUTHORIZE the Executive Director of the Housing Authority to execute the contract with Hung
upon receipt of satisfactory performance and payment bonds and insurance certificates; and
ORDER that, in accordance with the project specifications and/or upon signature of 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 the
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
SIGNATURES):
ACTION OF BOARD ON April 6, 2004 APPROVED AS RECOMMENDED X OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT ) 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 April 6,._2004
JOHN SWEETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY t DUTY'
H:WudyHayesIMSOFFICEIWINWORDiBOARD\BO-Bayer Vista Contract Phase 1.doc
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April 6, 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 Hung 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 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.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
Bids for the above project were received on December 18, 2003. There were four(4) bids
received. A copy of the Bid Abstract is attached. The lowest monetary bidder was Hung ($1,250,000).
After the bids were opened, bid protests were received from the second lowest bidder(Services
Alliance Systems, Inc.), the third lowest bidder(Taber Construction Co.), and a labor-management
organization (Northern California Electrical Construction Industry). The protests raised the following
objections to Hung's bid:
(1) No subcontract amounts listed for the electrical subcontractor(J. Y. Electric) and the painting
subcontractor(Armkoa, Inc.).
(2) The listed painting subcontractor (Armkea) does not have a specialty license (C-33).
(3) No subcontractor is listed for the HVAC (mechanical) work.
(4) No subcontractors are listed for 17 of the 22 trades involved in the project.
(5) The listed plumbing subcontractor(Kenan Plumbing, Inc.) and floor-covering subcontractor(Weil Li
Flooring) do not have workers' compensation insurance.
Housing Authority staffhas carefully reviewed the bid protests and has concluded that the protests
are without merit for the following reasons:
(1) Hung's listing of J.Y. Electric and Armkea was sufficient to identify those firms. The missing
information amounted to a minor informality, was not vital to Hung's bid, and has been cured
subsequently by Hung.
(2) Although the listed painting subcontractor(Armkea) does not have a specialty license (C-33), it
does have a general contractor's license (Class B). The painting work will be done by Armkea's
subcontractor(Huang's Brother Painting)which has a specialty license (C-33) and which was not
required to be listed by Hung. If Armkea's B license would not enable it to perform the subcontract
work, Hung could apply to substitute another subcontractor for Armkea.
(3) Hung is purchasing the HVAC equipment, and the equipment will be installed by a qualified
subcontractor (J and M Heating &Ventilation Co.) that has the proper specialty license(C-20).
Hung was not required to list the HVAC subcontractor, because the subcontract amount ($6,000
for installation only) is less than %of 1%.
(4) Hung has the expertise and experience with remodeling projects to perform trade work that often
is performed by subcontractors. Under its general contractor's license (Class B), Hung legally can
perform work for which no subcontractor is listed, and Hung is required to do so under Public
Contract Code Section 4106.
(5) Hung has provided assurance that the plumbing subcontractor and the floor-covering
subcontractor have workers' compensation insurance. In addition, Hung's workers' compensation
insurance will cover all employees on the project, including the subcontractors' employees.
In response to the three bid protests, the Executive Director has sent letters denying the protests
for the above reasons. It is recommended that the Board overrule the bid protests, waive a minor
informality in Hung's bid, and award the contract to Hung, as the lowest responsible bidder, in the amount
of$1,250,000.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to award the contract to Hung, the Housing Authority
may experience scheduling delays, which may jeopardize funding allocated to the project.
h:\judyhayes\msoffioelwinworti\board\bo-bayo vista contract phase Ldo,
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
3133 Estudillo Street, P.O. Box 2759
Martinez, CA 94553
ABSTRACT OF BIDS
Bayo Vista Interior Modernization - Phase I CA011010 Bayo Vista Rodeo
(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,_Decewber 18, 2003, and verified all entries on this abstract as in agreement with bid amounts.
01
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BASE BID: l� ` t O 3 000
ALTERNATE BID NO. 1 c a C7
UNIT PRICING NO. 1
UNIT PRICING NO. 2
TABER CONSTRUCTION UNIT PRICING NO. 3 6(X)_
I' ( BOX ( + i UNIT PRICING NO. 4 7
UNIT PRICING NO. 5
Martinez, CA 94533
UNIT PRICING NO. 6 1, -
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UNIT PRICING NO. 9 c ,
BASE BID:
ALTERNATE BID NO. 1
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UNIT PRICING NO. 1
UNIT PRICING NO. 2
I ELOCIN CONSTRUCTION
� UNIT PRICING NO. 3
2 4861 Sunrise Drive ! UNIT PRICING NO.,
UNIT PRICING NO. 5
Martinez, CA 94533
} UNIT PRICING NO. 6
i UNIT PRICING NO 7
UNIT PRICING NO 8
1 UNIT PRICING NO. 9
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
3133 Estudillo Street, P.O. Box 2759
Martinez, CA 94553
Pa ae 2�
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(Scope of Invitation)
I personally opened and read the following bids received at 3133 Estudillo Street, Martinez, California at 2.:104i.m-
nni T ursday 0RremhkrA8,- #13, and verified all entries on this abstract as in agreement;with bid amounts.
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UNIT PRICING NO. 1 Hs 0.
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UNIT PRICING NO. 2 (fa,
GANSEK, INC.
UNIT PRICING NO. 3
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151 1 Hearts Avenue UNIT PRICING NO. 4
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UNIT PRICING NO. 5
' Berkeley, CA 95173
UNIT PRICING NO. 6
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' DUNG- CONSTRUCTION
UNIT PRICING NO. 3
101 West Tower Avenue #A � UNIT PRICING NO. '4 .
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Alameda, CA 94501 0
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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
3133 Estudillo Street, P.O. Box 2759
Martinez, CA 94553
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S T R A c- 1 t1 F+' LLDL
i tette rior Modernization -hasp i CA�l1_1(11(1 Ravin Vice ..Roden
(Scope of Invitation)
1 personally opened and read the following bids received at 3133 Estudillo Street, Martinez, California at 2.00 P-m.
nn Thursday, Deeemher 18, 2003, and verified all entries on this abstract as in agreement with bid amounts.
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BASE BID: 11
ALTERNATE BID NO. I ' [
UNIT PRICING NO. 1
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SAS INC.
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400 Oyster Paint Blvd. Suite 240 ' UNIT PRICING NO. 4t
5 j UNIT PRICING NO. 5
So. San Francisco, CA 94080
UNIT PRICING NO. 6
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UNIT PRICING NO. 9
BASE BID:
ALTERNATE BID NO. I
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UNIT PRICING NO. ',l
UNIT PRICING NO. '2
' M & M ELECTRIC UNIT PRICING NO. '3
169 Hookston Road
UNIT PRICING NO. '4
6 UNIT PRICING NO. 5
j Pleasant Hill, CA 94523
UNIT PRICING NO. 6
UNIT PRICING NO. 7
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UNIT PRICING NO. 8
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__ UNIT PRICING NO. 9
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
3133 Estudillo Street, P.O. Box 2759
Martinez, CA 94553
Paae 4
AR TRACT 0E -BR1DS
a Vkta Interior Marlernizat or — Phnce I CA011 f#1CI R iyp Vista Rod
(Scope of Invitation)
I personally opened and read the following bids received at 31.33 Estudillo Street, Martinez, California at 2:141
un Thursday,, Dkcp hex.18-20W, and verified all entries on this abstract as in agreement with bid amounts.
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For: $
By:
Title:
Date:
#122A Rev.6/93