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HomeMy WebLinkAboutResolution 1977 - 0122TLW~pj f 09/08/77 0.9 /2 ~D /77 09 2/77 RESOLUTION NO.77-122 AWARDING,CONTRACT FOR JOB NO.P2-23-2 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 75 MGD IMPROVED TREATMENT AT PLANT NO.2 - DIVISION 1,OXYGEN,GENERATION AND STORAGE FACILITIES;DIVISION 2,OXYGEN DISSOLUTION FACILITIES,JOB NO.P2-23-2,TO THE SECOND LOW BIDDER AND MAKING A DETERMINATION OF PROTEST *,******. WHEREAS,the Boards of Directors have approved plans and specifications and issued a Notice Inviting Bids for the con struction of the oxygen,generation and storage facilities and oxygen dissolution facilities for 75 MGD improved treatment at Plant No.2,otherwise described as Job No.P2-23-2;and, WHEREAS,the Notice Inviting Bids called for a bid opening at 11:00 a.m.,July 26,1977;and, WHEREAS,at the time of the bid opening,the District re ceived 14 bids,each of which was accompanied by the required bid security,with the apparent low bidder being Pentech Division,Houdaille Industries,Inc.,Cedar Falls,Iowa,and the apparent second low bidder being Catalytic,Inc.,a sub sidiary of Air Products &Chemical,Inc.,Philadelphia, Pennsylvania;and, WHEREAS,prior to the submittal of bids to the Board of Directors for award,the District’s Staff and the District’s Engineers have reviewed all bids to determine compliance with the Notice Inviting Bids and all legal requirements attendant thereto;and, WHEREAS,prior to the commencement of final design,the State Water Resources Control Board issued a concept approval letter approving the concept of constructing a 75-MGD pure oxygen improved treatment system;and, WHEREAS,prior to the Notice Inviting Bids,the State Water Resources Control Board issued a plans and specifications approval letter dated March 16,1977,setting forth authority to advertise for and open bids on the project;and WHEREAS,on September 16,1976,the District retained the services of Consoer,Townsend and Associates to prepare a Value Engineering Study of the pure oxygen system designed for the Secondary Treatment Facilities at Plant No.2;and WHEREAS,the State Water Resources Control Board,by letter dated March 21,1977,approved the.Phase I Value Engineering Study submitted by Consoer,Townsend &Assoç4ates through the District;and WHEREAS,the District’s Engineers have submitted a written analysis and recommendation to the Board of Directors,which is concurred in by the District’s ChiEf Engineer,that the bid documents and proposals submitted by Pentech is not the lowest, responsive,responsible bidder,in that it fails to comply with the requirements for being licensed in the State of California, as stated in Section 50,Article 50—2,Page D50—3 of the special provisions and that it fails to comply with the require ment for being qualified to perform the work as a prime con tractor and fails to comply with the requirements for guarantees, —2— and fails to comply with the general requirement to furnish equipment in accordance with the plans and specifications;and, WHEREAS,the protesting party,Pentech-Houdaille was made aware on May 27,1977,’by the receipt of a complete set of approved plans and specifications by its agent Flo-Systems,Inc., that the proposed “PENTOX”system was not such as to comply with the pure oxygen system designed by the District’s Engineers;and, WHEREAS,pursuant to 40 CFR 35.939(b),a protest to the procurement process is required to be made at the earliest time possible and within one week after the basis for the protest is known or should have been known,which is earlier;and, WHEREAS,the failure of th~protesting party,Pentech— Houdaille to file a timely protest regarding the design re quirements of the District has resulted in prejudice being suf fered by the District and all other interested parties;and, WHEREAS,the District’s General Counsel has submitted a legal opinion which has been reviewed and considered in ~naking •the determination and decision respecting the protest;and, WHEREAS,the protesting party was served with notice of the protest hearing including the procedures to be followed in the conduct thereof on September 15,1977;and, WHEREAS,all bidders on the award of contract P2-23-2 were served with notice of the time,place and procedures relating to the protest hearing on September 15,1977;and, WHEREAS,the protesting party and all interested parties have been afforded the opportunity to present arguments in support of or in opposition to the protest,both in.writing and verbally;and, —3— - WHEREAS,the protesting party,Pentech-Houdaille,failed to comply with the provisions of CFR 35.939(c)(2)in that the Bid Protest was not served upon the other bidding parties for the award of this contract,each of which has a direct financial interest in the determination of the protest. NOW,THEREFORE,the Board of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,and 11 of Orange County, California, DO HEREBY RESOLVE,DETERNINE AND ORDER: Section 1 The foregoing recitals are true and correct and this Board of Directors so find and determine;and, Section 2 That the bid proposal submitted by Pentech Houdaille fails in a material way to comply with the Notice Inviting Bids and is generally deemed nonresponsive in that: A.The bidder has not complied with the requirement for being licensed in the State of California,as stated in Section 50,Article 50—2,Page D50—3 of the Special Provisions. B.The bidder has not complied with the requirement for being qualified to perform the work as a prime contractor as stated in Section 50,Article 50-2,Page D50—3 of the Special Provisions. C.The bidder has failed to comply with the requirements for guarantees as listed on Pages D50—6 and D50—7 of the Proposal. D.The bidder has failed to comply with the general requirement to furnish equipment in accordance with the plans and specifications. —4— E.The bidder has failed to comply with following the decisions of the Engineers regarding tests as authorized by the contract document. F.The bidder has failed to comply with submitting a list of comparable facility installations indicative of a sudcessful record of performance as required by Item No.4,Page 205 of Addendum No.1. G.The bidder has failed to comply with the.contract document requirements in accordance with.the above references, and to the concept approval letter issued by’the State Water Resources Control Board;and, Section 3 The apparent low bid submitted by Pentech— Houdaille is legally defective and insufficient and is hereby rejected in its entirety,;and, ‘4 That the engineering report dated August 3, 1977 and supplement report dated September 19,1977 submitted by John Carollo Engineers/Greeley and Hansen are hereby approved; and, •Section 5 That the written recommendation submitted to the.Board of Directors by John Carollo Engineers/Greeley and Hansen,District’s Engineers,and concurred in by the District’s Chief Engineer,that award of contract be made to Catalytic,Inc. for Division 1,Oxygen,Generation and Storage Facilities and Division 2,Oxygen Dissolution Facilities for 75—MGD Improved Treatment at Plant No.2,Job No.P2-23-2,and the tabulation of bids and the proposal for said work are hereby received and ordered filed;and, —5— Section 6 The bid protest of Pentech is hereby rejected and denied in that: (A)There is no substantial evidence to establish that the designed system is exclusionary or discriminatory; (B)There is substantial evidence to establish that the bid of Pentech fails in a material way to comply with the bid procedures and requirements; (C)There is substantial evidence to establish that Pentech failed to file a protest in a timely manner after having knowledge that the proposed PENTOX system would not comply with the design criteria and standards of the Districts’ plans; (D)There is no substantial evidence to establIsh that Pentech has been deprived of procedural due process in the resolution of the protest. ction 7 That award of contract is hereby approved to Cátälytic;:Inc.,a subsidiary of Air Products &Chemicals,Inc., •in the total amount of $8,273,000.00,in accordance with the terms of their bid and the prices contained therein,subject to deferral of execution of said contract and notice to proceed for a period of ten (10)days after receipt of written notice of the District’s determination of this protest by the partici— pating parties. Section 8 That all other bids received for said work are hereby rejected,and that all bid bonds be returned to the unsuccessful bidders;and, Section 9 That the Chairman and Secretary of District No.1,acting for itself and as agent for Districts.Nos.2,3, —6— 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,in a form approved by the General Counsel;and, Section 10 The Secretary of the Districts is hereby di rected to forthwith cause a copy of this Resolution,together with a copy of the Engineer’s report dated August 3,1977 and supplement dated September 19,1977,and the legal opinion of the General Counsel to be mailed by certified mail,return receipt requested,to the protesting party--namely,Pentech— Houdaille,to the EPA Regional Administrator and to all other interested participating parties. PASSED AND ADOPTED at an adjourned regular meeting held September 22,1977. —7— 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.77-122 was regularly passed and adopted at an adjourned regular meeting of said Boards on the 22nd day of September,1977,by the following vote,to wit: DISTRICT NO.1 AYES:Philip Anthony (Chairman pro tern),Kirm Rima and Don Saltarelli NOES:None ABSENT:Vernon Evans DISTRICT NO.2 AYES:Henry Wedaa (Chairman),Don Smith,Donald Fox,Donald Holt,Bob Perry,Charles Stevens,Jr..,Donald Roth,George Scott,Donald Winn and Frances Wood NOES:None ABSENT:Ralph Clark and John Garthe DISTRICT NO.3 AYES:Bernie Svalstad (Chairman),Donald Hudson,Sam Cooper,Bob Perry, Henry Frese,Don Griffin,Frank Marshott,Donald Roth,Laurence Schmit,Charles Stevens,Jr.,Charles Sylvia,Harriett Wieder and Duane Winters NOES:None ABSTAIN:Richard Olson ABSENT:John Garthe and Russell Gray DISTRICT NO.5 AYES:Don Mclnnis (Chairman),Philip Anthony and Milan Dostal NOES:None ABSENT:None DISTRICT NO.6 AYES:Kerm Ri.ma (Chairman),Paul Ryckoff and Philip Anthony NOES:None ABSENT:None DISTRICT NO.7 AYES:Pete Barrett (Chairman),Bill Vardoulis,Francis Glockner,Don Saltarelli and Don Smith NOES:None ABSENT:Ralph Clark and Vernon Evans DISTRICT NO.11 AYES:Ron Pattinson (Chairman),Ron Shenkman and Laurence Schznit NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand this 22nd day of September, 1977. J ayn9’/Sy v/~ter,Secretary o rds flf Di~ctors,County nita~on Districts Nos.1,2, 3,5,6,7,and-li,of OraiIge County,California S-A