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Home My WebLink AboutMINUTES - 04192005 - HA1 S j J HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4Ail TO: BOARD OF COMMISSIONERS FROM: Robert MCEwan, Executive Director DATE: April 19, 2005 SUBJECT: AWARD CONTRACT FOR BAYO VISTA INTERIOR MODIFICATION - PHASE II, PROJECT CA0110101 RODEO, CALIFORNIA, TO HUNG CONSTRUCTION IN THE AMOUNT OF $172797000 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: DETERMINE that the bid protest submitted by Transworld Construction, Incorporated is without merit and OVERRULE the protest; and AWARD the contract to Hung Construction in the amount of$1,279,000; 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 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). 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 ` OYRER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A � 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 JOHN SWE TEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY ,DEPUTY H:1JudyHayesIMSOFFICEIWINWORD\BOARDIBO-Bayo Vista Contract Phase 1.doc 1 April 19, 2005 Page 2of2 II. 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 RECOMMENDATION/BACKGROUND Bids for the above project were received on March 16, 2005. There were three (3) bids received. A copy of the Bid Abstract is attached. The lowest monetary bidder was Hung ($1,2799000). After the bids were opened, a bid protest was received from the second lowest bidder, Transworld. The protest raised the following objections to Hung's bid: (1) One designated subcontractor (AM Woo Construction) is claimed to be not licensed to perform the work listed. (2) One designated subcontractor (AM Woo Construction) is claimed to have no employees to perform the work listed, and no workman's compensation insurance. (3) No subcontractor is claimed to be listed for the electrical and HVAC (mechanical) work. Housing Authority staff has carefully reviewed the bid protests and has concluded that the protest is without merit for the following reasons: (1) AM Woo Construction, the designated subcontractor, is subcontracting with J and M Heating & Ventilation Company, which has the proper specialty license (C-20) to perform the HVAC work. (2) AM Woo Construction is a business formed by two officers who are licensed electricians. The officers typically perform all electrical work on-site themselves, but if employees are hired for the project, workman's compensation insurance will be purchased. (3) AM Woo Construction is licensed (C-10) to perform the electrical work. AM Woo has subcontracted to J and M Heating for the HVAC work. The work value is $5,980, less than Y2 of 1% of the total contract value, and not required to be listed on the Designation of Subcontractors list. In response to the bid protest, the Executive Director has sent a letter denying the protest for the above reasons. It is recommended that the Board overrule the bid protest, and award the contract to Hung as the lowest responsible bidder, in the amount of$1,279,000. 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\msoffice\winword\board\bo-bayo vista contract phase Ldoc 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 II 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 Wednesday.March 16.2005,and verified all entries on this abstract as in agreement with bid amounts. Si Si store BASE BID: r7 f7oj OZTD., 0--0 UNIT PRICING NO. 1 l� UNIT PRICING NO. 2 UNIT PRICING NO. 3 TABER CONSTRUCTION SIT PRICING NO. 4 70 P.O. Box 1309 UNIT PRICING NO. 5 �/ 00 , go 1 UNIT PRICING NO. 6 Jam' • 6-b Martinez, CA 94533 SIT PRICING NO. 7 "3a 0V UNIT PRICING NO. 8 afb UNIT PRICING NO. 9 �• �ID BASE BID: iJNIT PRICING NO. 1 UNIT PRICING NO. 2 HUNG CONSTRUCTION UNIT PRICING NO. 3 UNIT PRICING NO. 4 �o. 2 10 1 West Tower Ave. #A UNIT PRICING NO. 5 Alameda, CA 94501 SIT PRICING NO. 6 UNIT PRICING NO. 7 UNIT PRICING NO. 8 UNIT PRICING NO. 9 � . HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 3133 Estudillo Street, P.O. Box 2759 Martinez, CA 94553 Paoe 2 ABSTRACT OF BIDS Bayo Vista Interior Modernization—Phase II 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 Wednesday.March 16.2005,and verified all entries on this abstract as in agreement with bid amounts. giSi store BASE BID: UNIT PRICING NO. 1 UNIT PRICING NO. 2 UNIT PRICING NO. 3 ALARCON BOHN UNIT PRICING NO. 4 3 5301 Adeline Street UNIT PRICING NO. s UNIT PRICING NO. 6 Oakland, CA 94608 UNIT PRICING NO. 7 UNIT PRICING NO. 8 UNIT PRICING NO. 9 BASE BID: � � �/ �I , 000 op UNIT PRICING NO. 1 l J� UNIT PRICING NO. 2 �i ��• (� TRANSWORLD UNIT PRICING NO. 3 0�� CONSTRUCTION SIT PRICING NO. 4 ! Q� JD 4 1178 Folsom Street UNIT PRICING NO. s UNIT PRICING NO. 6 l San Francisco, CA 94103 vNah�e�o bra✓rcC� UNIT PRICING NO. 7 5-L UNIT PRICING NO. 8 UNIT PRICING NO. 9 j�• �yo