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HomeMy WebLinkAboutResolution 1977 - 0076V RESOLUTION NO.77-76 AWARDING CONTRACT FOR JOB NO.P2-23-5 A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1, 2,3,5,6,7,AND 11 OF ORANGE COUNTY, CALIFORNIA,AWARDING CONTRACT FOR OPERATIONS CENTER FOR 75 NGD IMPROVED TREATMENT AT PLANT NO.2,JOB NO. P2-23-5,TO THE SECOND LOW BIDDER,AND AUTHORIZING THE GENERAL MANAGER TO ESTABLISH EFFECTIVE AWARD DATE UPON RECEIPT OF GRANT APPROVAL FROM SWRCB ******** WHEREAS,the Board of Directors have prepared plans and specifications for the construction of the operations center for 75 MGD Improved Treatment at Plant No.2 otherwise described as Job No.P2-23-5;and, WHEREAS,the Notice Inviting Bids called for a bid opening at 11:00a.m.on May 10,1977;and, WHEREAS,at the time of the Bid Opening,.District received 4 bids,with the apparent low bidder being Traho Corporation, San Marcos,California,in an amount of $1,146,838.00,total lump sum,and the apparent second low bidder being that submitted by Pascal &Ludwig,Inc.,of Upland,California, in an amount of $1,149,296.00,total lump sum;and, WHEREAS,prior to the submittal of the bids to the Board of Directors for award,the District Staff has reviewed all bids to determine compliance with the Notice Inviting Bids and all legal requirements attendant thereto;and, WHEREAS,the District Staff determines that the apparent low bidder,Traho Corporation,failed to list certain sub contractors in the bid proposal;and, WHEREAS,the provisions of California Government Code Section 4106 requires that if a prime contractor fails to specify a subcontractor for a portion of work to be performed under the contract,in excess of one—half of one percent of the prime contractor’s total bid,he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself;and,. WHEREAS,the District Staff made a preliminary determination that the apparent low bidder possessed a Class A General En gineering Contractors License and was therefore not qualified to perform those subcontract portions of the job on the basis that the job constituted a Class B category,unless said portions were in fact subcontracted to licensed contractors;and, WHEREAS,the District received a formal written complaint on May 11,1977,from the apparent second low bidder,challenging the award of the bid to the apparent low bidder on the basis of noncompliance of the provisions of State Law,and the Notice Inviting Bids;and, WHEREAS,the job is partially funded by the United States Environmental Protection Agency and the State of California,and therefore,is governed by the provisions of 40 Code of Federal Regulations,Section 35.939;and, —2— WHEREAS,the apparent low bidder,Traho Corporation,ad vised the District verbally and by letter dated May 12,1977, that it simply did not possess landscaping,plumbing,and glazing subcontractors at the time of submitting the bid proposal, and had included a clerical error in failing to list an electrical subcontractor;and, WHEREAS,the apparent low bidder,Traho Corporation, submitted the names of subcontractors to the District on May 12,1977,after the opening of bids;and, WHEREAS,pursuant to the provisions of 40 CFR Section 35.939,the District gave written notice dated May 27,1977, to the apparent low bidder that a conference would be scheduled for purposes of the complaining party and the apparent low bidder to present arguirient and evidence in support of the respective position of those parties regarding the award of contract;and, WHEREAS,a protest conference as required bytheCode of Federal Regulations was scheduled and in fact held on June 2,1977,at 9:00 a.m.,at the District offices,at which time representatives of the apparent low bidder and the apparent second low bidder were present and presented evidence;and WHEREAS,the Board of Directors have received a report containing all correspondence,copies of the official District Notice Inviting Bids and Bid Proposal,and received the verbal testimony of the apparent low bidder and apparent second low bidder and provided any and all interested parties an opportunity to present argument in support of their views pertaining to —3— the protest and award of a contract;and, WHEREAS,this Board has reviewed and considered the protest,together with the argument and all data submitted therewith,and has now prepared to make its determination and decision respecting the protest, NOW,THEREFORE,the Boards of Directors of County Sani tation Districts Nos.1,2,3,5,6,7,and 11 of Orange County,California, DO HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 The foregoing recitals are true and correct and this Board of Directors so finds and determines;and, Section 2 That the bid proposal submitted by Traho Corporation fails in a material way to comply with the pro visions of California Government Code Section 4106 et seq. in that; A.Traho Corporation is a Class A Licensed Engineering Contractor; B.The construction of the operations center —Job No.P2-23-5,is a Class B project consisting of a structure for the housing of persons and property; C.That Traho Corporation failed to list necessarily— required contractor~for portions of the work exceeding in value one-half of one percent of the total bid; D.That Traho Corporation is not qualified to perform the functions of those portions of the job; E.That Traho Corporation submitted a bid contemplating the use of subcontractors that both negligently and intentionally —4— failed to list subcontractors as required by the provisions of State Law;and, Section 3 That the apparent low bid submitted by Traho Corporation is legally defective and insufficient and is hereby rejected in its entirety;and, Section 4 That the written recommendation this date submitted to the Board of Directors by John Carollo Engineers/ Greely &Hansen,District Engineers and concurred by the District’s Chief Engineer,that award of contract be made to Pascal &Ludwig,Inc.,the second low bidder for OPERATIONS CENTER FOR 75 MGD IMPROVED TREATNENT AT PLANT NO.2,JOB NO. P2-23-5,and the tabulation of bids and the proposal for said work are hereby received and ordered filed;and, Section 5 That award of contract is hereby made to Pascal &Ludwig,.Inc.,in the total amount of $1,149,296.00, in accordance with the terms of their bid and the prices contained therein,subject to receipt of written grant approval from the State Water Resources Control Board;and, Section 6 The General Nanager is authorized to establish the effective award date for said contract upon receipt of said approval from the State Water Resources Control Board for said project,that the Chairman and Secretary of District No.1,acting for itself and as agent for Districts Nos.2,3,5,.6,7,and 11 are hereby authorized and directed to enter into and sign an agreement with said contractor for said work pursuant to the provisions of the specifications and contract documents therefor —5— ‘in a form approved by the General Counsel;and, Section 7 All other bids received for said work are hereby rejected and all bid bonds are already returned to the unsuccessful bidders,including the apparent low bidder,Traho Corporation;and, Section 8 The District Secretary is hereby directed to forthwith cause a copy of this Resolution to be forwarded to the Traho Corporation;to the protesting party--Pascal &Ludwig;and to all other parties who have filed a request for a receipt of said documents,in the records and minutes of this Board of Directors. PASSED AND ADOPTED at a regular meeting held June 8,1977. —6— • STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,and 11 of Orange County,California,do hereby certify that the above and foregoing Resolution No.77-76 was regularly passed and adopted at a regular meeting of said Boards on the 8th day of June ,1977 by the following vote,to wit: AYES:Philip Anthony,Milan Dostal,Russell Gray,John Burton, Thomas Riley,Sam Cooper,Norman Culver,Ray Williams, JohnGarthe,Donald Fox,Henry Frese,Francis Glockner, Don Griffin,Donald Holt,Donald Hudson,Frank Marshott, Richard Olson,Ron Pattinson,Bob Perry,Kerm Rima,Earl Roget,Don Roth,Paul Ryckoff,Donald Saltarelli,Laurence Schmit,George Scott,James Sharp,Ron Shenkman,Don Smith,, Charles Stevens,Bernie Svalstad,Charles Sylvia,Henry Wedaa,Harriett IVieder,Donald Winn,Frances Wood “~.None ABSENT :None IN WiTNESS WHEREOF,I have hereunto set my hand this 8th day of June , 19 77. • _ ~oar~of irectors,County San//ation Districts Nos.1,2, 3,~,6,7,and ilof Orange Ccunty,’California S-lOl