HomeMy WebLinkAbout13. Make findings of a non-responsive bid and award a construction contract for Contractor Staging Improvements, DP 7375 Page 1 of 64
Item 13.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: MAY 6, 2021
SUBJECT: FIND THE APPARENT LOW BIDDER'S BID TO BE NON-RESPONSIVE;
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $4,001,000
TO MCGUIRE & HESTER, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER FOR THE CONTRACTOR STAGING
IMPROVEMENTS, DISTRICT PROJECT 7375; AND
• INCLUDE AWARD OF AN ADDITIVE BID ITEM IN THE AMOUNT OF
$9,300 FOR THE RECREATIONAL VEHICLE RECEIVING STATION;
• FIND THE PROJECT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITYACT;
• AUTHORIZE AN AG REEMENTAME NDMENT WITH WOO DARD &
CURRAN, I NC. I N THE AMOUNT OF $50,000, 1 NCREAS I NG THE COST
CEILING TO $367,000; AND
• AUTHORIZE A BUDGET TRANSFER OF $800,000
SUBMITTED BY: INITIATING DEPARTMENT:
WILLIAM GRANT, ASSOCIATE ENGINEER ENGINEERING AND TECHNICAL SERVICES-
CAPITAL PROJECTS
REVIEWED BY: NATHAN HODGES, SENIOR ENGINEER
EDGAR J. LOPEZ, CAPITAL PROJECTS DIVISION MANAGER
PHILIP LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
May 6, 2021 Regular Board Meeting Agenda Packet- Page 116 of 239
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ISSUE
The Board of Directors (Board) must award the contract or reject bids within 50 days of the bid opening.
Authorization is also required for the General Manager to execute the Contract Documents subject to
submittal requirements, amend an existing agreement beyond the General Manager's authority, and to
transfer funds over$500,000 within the Capital Program.
BACKGROUND
COVID-19 Impact: This project is expected to start in June 2021 and be completed by March 2022. Staff
has included provisions in the Contract Documents that follow County and State guidelines for safety and
prevention of COV ID-19.
Central San has a Ten-Year Capital Improvement Plan of over$907 million which includes several large
projects that will begin or have started construction within the next several years. The wastewater treatment
plant's (plant) existing main entrance, contractor parking, and staging areas are not equipped for large
construction projects with multiple contractors onsite. The current contractor staging area has no
delineation for multiple contractors or designated areas for parking or trailers, limited utility connections,
and no permanent facilities for construction staff or secured equipment storage. The plant's main entrance
is currently the only regular point of access for staff, contractors, vendors, and deliveries. Furthermore, the
plant site is constrained by existing plant processes, underground infrastructure, and hazardous soil areas.
The Contractor Staging I mprovements Project (Project)will improve the contractor staging area for the
immediate needs of the Solids Handling Facility Improvements, which is planned to be in construction for
the next four years, and for the long-term needs of upcoming plant projects. Project elements to be
constructed include:
1. Contractor Main Staging Area
• Utility connections for construction trailers and contractor use
• Site grading, paving, and access improvements off Imhoff Drive
• New restroom trailer and increase available space and Iaydown areas for equipment and material
storage
2. Contractor Shipping, Receiving, and Parking
• Designated area for contractor shipping and receiving away from the Main Gate
• Delivery routes to minimize traffic disruption, turnarounds, and idling
• Dedicated contractor parking to accommodate large or multiple projects
3. Construction Entry and Exit Gates with Security Guard Facility
• New entrance and exit to contractor area off Imhoff Drive
• Widen existing plant roads for emergency access
• New security guard facility and automated gate
4. Security and Safety Improvements
• Improve site lighting, fencing, signage, striping, security cameras, badge access, and safety near
contractor areas
5. Miscellaneous Elements
• New Recreational Vehicle (RV) Receiving Station for public use, if approved
• Permanent trailers for construction management and staff use
• Permanent structures to store and protect Central San equipment
These proposed improvements will not only benefit future plant construction projects with the improved
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staging area, enhanced security and improved contractor and delivery areas, but will also limit interference
with Central San's daily operations. The improvements will allow staff the means to monitor and easily
identify contractor activities between several concurrent projects.
Due to the existence of refinery sludge deposited decades ago, the entire plant site is under a workplan
approved by the Department of Toxic Substances and Control (DTSC). Any excavation work that requires
a USA request requires a submittal to DTSC describing the work to be performed and documenting the
completion of work. In addition, the area commonly referred to as the "soil cap" is a specially designated
area of the plant where previously excavated contaminated material is consolidated. Attachment 1 includes
location maps of the Project and "soil cap" areas.
Any earthwork taking place in the "soil cap" area requires approval from DTSC and done according to the
DTSC approved Consolidation Workplan. Most of the earthwork for this Project is taking place in the
designated "soil cap" area. Based on previous earthwork in the vicinity of the Project, staff expects to
encounter contaminated soil. However, soil from each work area of the Project will be segregated and
tested; and, if acceptable, it may be reused as fill. Staff has obtained DTSC approval for the work to
proceed, and all work will be performed according to the Consolidation Workplan.
Project Bidding:
Central San, with the help of Woodard & Curran, Inc., prepared the plans and specifications for the
Project. The Engineer's estimate for construction is $4,000,000. This Project was advertised on February
12 and 19, 2021. Five bids ranging from $3,819,700 to $4,731,300 were received and publicly opened on
March 18, 2021. A summary of bids received is shown in Attachment 2. 1 mmediately following bid opening,
staff started conducting a technical and commercial review of the apparent low bidder's bid documents,
Carone & Company, Inc. (Carone). During the bid evaluations, staff found errors in the bid submitted by
Carone.
Two types of errors were identified by staff during our initial review of Carone's bid, such as:
1. Carone did not write the unit price of the bid in the designated area of the bid form for Bid Items 4, 5, 6
and 7, as required. I nstead they wrote in words the total extended price. Staff would have to determine the
unit price by dividing the total price by the stated quantity. These errors could be deemed clerical and
could have been corrected by staff. Although, this type of error cannot be corrected in the District's
specifications, it may be deemed clerical by the Board.
2. Other more significant errors noted are associated with the pricing for Bid Items 5 and 6. Bid items 5
and 6 are for unit prices for handling and disposal of Class I and Class I I hazardous soils located in the
designated Soil Cap Area. The unit pricing in Carone's bid differed substantially from staff's estimates and
the other bidders as shown on Attachment 3. The costs provided by Carone for Bid Items 5 and 6 and
others are as follows:
• Average extended prices (not including Carone)for Bid Items 5 and 6 are $334,750 and $33,000,
respectively.
• The Engineer's estimate for Bid Items 5 and 6 are $325,000 and $35,000, respectively.
• Carone's extended prices for Bid Items 5 and 6 are $112,500 and $137,000, respectively.
Upon noticing a pricing difference, staff contacted Carone on the afternoon of the bid opening (March 18)
to discuss their bid and to ascertain if errors had been made or not. Later that day, staff received a letter
from Carone (Attachment 4) stating a"Clerical Erroron Bid' and serving as formal notification that they
had made errors in the preparation of their bid. The letter explained that Carone inadvertently submitted the
wrong extended pricing for Bid Items 5 and 6 and that they had transposed the unit price for those two
items. With that letter, Carone requested to correct those errors and increase the bid total by$138,000
more than their original price. They also attached a revised Bid Schedule with new pricing resulting in an
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increased bid total of$3,957,700 as compared to their original bid of$3,819,700.
On March 24, 2021, staff received a protest letter from the next lowest bidder, McGuire & Hester
(Attachment 5). That protest stated: "McGuire and Hester("M&H') hereby formally protests the bid
submitted to the Central Contra Costa Sanitary District("Central San) by bidder Carone and
Company, Inc. ("CCI') for the above referenced project("Project'). CCI is not a responsive bidder as
they have failed to submit a full and complete bid in accordance with the Project specifications and
their errors cannot be waived."
On March 25, 2021, Carone submitted a letter entitled "Response to McGuire and Hester Bid
Protest"(Attachment 6). 1 n this letter, Carone stated that it is their opinion that the District can waive clerical
errors and award to Carone. Carone further stated that they do not need to revise their bid price (as
previously requested) as they would now commit to do the Project based on their original extended bid
pricing for items 5 and 6, or alternatively they suggested to rebid the Project. Staff does not consider
Carone's error as clerical for items 5 and 6, but rather material since it impacts the contract cost and it was
acknowledged by Carone with the request for additional pricing.
Carone sent another letter on March 26, 2021, entitled "Response to District's Statement of Imbalanced
Bids" (Attachment 7). Staff has evaluated the assertions in this letter and does not find the M&H bid to be
so unbalanced as to cause it to be nonresponsive and finds the M&H's bid to be responsive.
Carone sent another letter on April 12, 2021, entitled "Potential Bid Protest" (Attachment 10) requesting
award to Carone for their original bid price or alternatively rejecting all bids. Staff noted that bidders have
no later than 5:00 p.m. of the fifth business day(March 25)to submit a protest per the bid procedures
specified for the Project. In review of all correspondence received, Carone did not follow several of the
protest procedures as follows:
• A bidder may not rely on the protest submitted by another bidder but pursue its own protest in a
timely manner.
• Carone submitted a letter responding to M&H's protest on March 26 and stated "...Carone would
have to strongly consider bid protest..."
• Carone did not transmit copies of their correspondence to M&H.
At the April 15, 2021 Board meeting, staff changed the initial recommendations considered rejecting all
bids based on concerns of potential delays with the Solids Handling Facility Improvements (Solids
Project). Because of the late change and the fact that there were many questions raised at the meeting,
the Board requested the subject items be reconsidered at the next Engineering and Operations
Committee (E&O) (scheduled on April 20, 2021)to allow staff time to respond to the various questions
and assertions made by Carone.
On April 16, 2021, Carone sent a response letter entitled "Follow up to CCCSD 4/15/21 Board Meeting"
(Attachment 11). 1 n that letter, Carone states differences with a prior Central San project in 2013 and
revisits items and correspondence stated in previous letters.
The matter was again discussed at the April 20, 2021 E&O meeting as stated below under Committee
Recommendations with both Carone and M&H and their respective legal counsel present.
Subsequently, as a follow-up to the April E&O meeting, staff received another letter from Carone on April
28, 2021 entitled "District Project DP 7375- Contractor Staging Improvements"(Attachment 12). 1 n this
letter, Carone makes several assertions and states their understanding of the reason staff recommends to
declare their bid non-responsive is because of the unbalanced bid, which is not the case. This letter also
states that they did not intend to file a bid protest but rather intend to file an injunction to halt the Project and
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file a writ of administrative mandamus should the Board award the Project to M&H.
Staff Conclusions on Bidding:
1. Based on the bid procedures and specifications under the District standard documents for public
bidding, staff cannot correct the Carone bid as stated in their letter of March 18, 2021.Also, the
errors for Bid Items 5 and 6 are not clerical as stated by Carone but significant and material;
therefore, staff has determined their bid non-responsive.
2. Bid Items 5 and 6 pose the most risk on the Project since it involves disposal of contaminated soils.
Staff calculated disposal based on historic sampling and the design; however, the actual disposal will
not be known until all the soils have been stockpiled and tested. Contractors are required to honor
the bid pricing up to 150 percent of the quantities stated at bid.
3. It should be noted that staff did not receive a protest from Carone as defined in the bid
specifications, and anything received beyond March 25 is considered untimely.
4. Staff conducted a technical and commercial review and determined that the next lowest bidder, M&H,
is the lowest responsive and responsible bidder, with a total bid price of$4,001,000. M&H's bid form
had minor discrepancies (e.g., missing word "dollars" or$ symbol). These can be corrected by staff
per the bid specifications, and references demonstrate they are well qualified to successfully
complete this Project.
RV Receiving Station:
Bids for the RV Receiving Station ranged from $9,300 to $50,000. M&H provided the lowest bid in the
amount of$9,300. This item was included with this Project as an additive item since the new entrance and
exit to I mhoff Drive impacts the location for the proposed receiving station. The RV Receiving Station will
address a need to remedy illegal dumping which poses an environmental and public health hazard. The
new RV Receiving Station will provide Central San with convenient and secure access for proper disposal.
Staff recommends proceeding with including this bid alternative.
Engineering Services during Construction:
On July 15, 2020, the Board authorized staff to enter into an agreement with Woodard & Curran, Inc. for
design services with a cost ceiling of$250,000. The current amended agreement amount is $317,000.
Staff recommends continuing services with Woodard & Curran, Inc. to include engineering services during
construction (ESDC). The fee for these services has been negotiated at a cost not to exceed $50,000,
bringing the cost ceiling to $367,000. ESDC includes shop drawing review, responding to design changes
or clarifications, and other design services. Central San will administer the construction contract and
provide construction management, survey, and administration. Consultant inspection and hazardous testing
services will be used on an as-needed basis.
Project Contingency Plan:
On April 15, 2021, members of the Board and staff expressed concerns about the project schedule,
possible delays that a legal challenge may present, as well as the impact on the Solids Project if the bids
were to be rejected. Since then, staff developed a contingency plan that would include alternate entrances
and work that will be included under the Solids Project as an additive bid item.
California Environmental Quality Act(CEQA)
Staff has concluded that this Project is exempt under Central San CEQA Guidelines Section 15061(b)(3),
since it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. This certainty is based on Central San's past experience with
construction projects of this nature, the relatively small areas involved, and the Central San's mitigating
construction specifications. These specifications are standardized general and special conditions that are
made part of the project bid documents to address environmental considerations, such as protecting trees
May 6, 2021 Regular Board Meeting Agenda Packet- Page 120 of 239
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and riparian areas, as well as compliance with applicable federal, state, county, district, municipal and local
laws, ordinances, orders, and regulations. Approval of this Project will establish the Board's independent
finding that this Project is exempt from CEQA.
ALTERNATIVES/CONSIDERATIONS
The Board could consider the following alternatives:
1. Reconsider Carone's bid and or declare them a responsive bidder.A timely protest by M&H was
received stating that the errors in Carone's bid are material and should not be waived (Attachment 5).
Carone issued a response to the protest submitted by M&H (refer to Attachment 6). The Board
would have to address this protest prior to an award of contract. To consider Carone's bid
responsive, the Board would have to waive the errors, honor the pricing, and accept a calculated unit
pricing for Bid Items 5 and 6, which is not recommended. Carone has acknowledged the calculated
pricing is an error. If the calculated pricing is honored, the disposal cost for Bid Item 5 are far below
market rates and the cost for Bid Item 6 is far above market rate, this could very likely result in
financial hardship to either Carone or the District.
2. Another alternative would be to reject all bids. The Project could then be rebid as is, or with a revised
project scope, or could be postponed. These are not recommended as re-bidding the Project would
likely not save costs for the District and M&H provided an acceptable bid. If the Board elects to
reject all bids, staff will not rebid the Project as-is and will perform the work on a different project
such as the Solids Project.
3. Reject the additive bid item for the RV Receiving Station. This is not recommended as very
competitive bid pricing was received for this scope of work and the contractor will already be
mobilized onsite. Postponing the work or re-bidding under a separate project will not be cost
effective.Additionally, this work will immediately address a public concern and the environmental and
public health risk associated with illegal dumping of sewage.
FINANCIAL IMPACTS
The total estimated Project cost is $5,200,000, including planning, design, total bid price, contingency,
construction management, and consultant costs as detailed in Attachment 8.
This construction effort will be funded by three sources which were combined for bidding from this fiscal
year's budget. Two projects (Treatment Plant Security Improvements and Contractor Staging
I mprovements) are in the Treatment Plant program of the Capital I mprovement Budget (CI B) and can be
found on pages 219 and 233, respectively.
Additional funds are required to complete the work which would require a transfer in the amount of
$800,000 from the CI B Contingency, summarized below:
• The RV Receiving Station was not included in the C I B and the total estimated cost for this facility is
$150,000, which includes design and all construction costs. If the additive bid item is approved by
the Board, staff proposes to use contingency funds.
• Additional disposal costs, in the amount of$650,000, were identified as part of the Project due to the
"soil cap" and potential contaminated soils removal.Approximately 3,500 tons of Class I and Class
I I material have been identified and is anticipated for disposal. The costs of the Contractor Staging
Improvements did not budget for design or construction of this issue.
May 6, 2021 Regular Board Meeting Agenda Packet- Page 121 of 239
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There are adequate funds in the Fiscal Year(FY) 2020-21 CI B Contingency to fund this additional work
scope.
At this time, staff does not foresee any financial impact on this Project due to COVI D-19.
COMMITTEE RECOMMENDATION
The E&O Committee received the information on April 7, 2021 and forwarded it to the Board for
determination and award. On April 15, 2021, the Board requested the subject be reconsidered at the next
E&O Committee meeting on April 20, 2021, and to allow staff time to respond to the various questions and
comments made by Carone and M&H at the Board meeting. Upon conclusion of further review and
discussion at the April 20 meeting, the Committee recommended approval of the seven staff
recommendations listed below.
RECOMMENDED BOARD ACTION
Staff recommends the following:
1. Find that the Project is exempt from CEQA;
2. Find the apparent low bidder's bid (Carone & Company, Inc.)to be non-responsive;
3. Award a construction contract in the amount of $4,001,000 to McGuire & Hester, the lowest
responsive and responsible bidder for the Contractor Staging I mprovements, District Project 7375;
4. Include award of the additive bid item in the amount of $9,300 for the construction of the
Recreational Vehicle Receiving Station;
5. Authorize the General Manager to execute the Contract Documents subject to submittal
requirements;
6. Authorize the General Manager to amend an existing agreement with Woodard & Curran, Inc. to
include engineering services during construction in the amount of$50,000, increasing the agreement
cost ceiling to $367,000; and
7. Authorize a budget transfer of $800,000 from the FY 2020-21 CI B Contingency for the inclusion of
the Recreational Vehicle Receiving Station and hazardous soil additional budget.
Strategic Plan Tie-In
GOAL FOUR: Workforce Development
Strategy 4—Meet or exceed industry safety standards
GOAL FIVE:Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life, Strategy 2—Execute long-term capital renewal and
replacement program, Strategy 3—Protect personnel and assets from threats and emergencies
GOAL SEVEN:Agility andAdaptability
Strategy 1—Maintain a safe working environment for employees and the public during the COVID-19 pandemic
May 6, 2021 Regular Board Meeting Agenda Packet- Page 122 of 239
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ATTACHMENTS:
1. Location Maps
2. Summary of Bids
3. Bid Item Comparison
4. Letter from Carone 03-18-21
5. Bid Protest from McGuire & Hester 03-24-21
6. Letter from Carone 03-25-21, Response to Bid Protest
7. Letter from Carone 03-26-21
8. Post Bid/P reconstruction Estimate
9. Presentation
10. Supplemental Information from Carone 04-12-21
11. Supplemental Information from Carone 04-16-21
12. Supplemental Information from Carone 04-28-21
May 6, 2021 Regular Board Meeting Agenda Packet- Page 123 of 239
Page 9 of 64
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Page 11 of 64
ATTACHMENT 2
CONTRACTOR STAGING IMPROVEMENTS
DISTRICT PROJECT 7375
SUMMARY OF BIDS
PROJECT NO.: 7375 NO. OF ADDENDA: 3 DATE/TIME: MARCH 18, 2021/12:00 PM
PROJECT NAME: CONTRACTOR STAGING IMPROVEMENTS
PROJECT MANAGER: WILLIAM GRANT
PROJECT LOCATION: 5019 IMHOFF PLACE, MARTINEZ CA
ENGINEER'S ESTIMATE: $4,000,000
NO. BIDDER BID PRICE
1 Carone & Company, Inc. $3,819,700*
2 McGuire & Hester $4,001,000
3 O.C. Jones & Sons, Inc. $47249,500
4 NTK Construction, Inc. $4,506,700
5 Aztec Consultants, Inc. $4,731,300
* Bid non-responsive.
BIDS OPENED BY: /s/Katie Young
DATE: March 18, 2021 at 12:00 p.m. via livestream due to COVID-19
May 6, 2021 Regular Board Meeting Agenda Packet- Page 126 of 239
Page 12 of 64
ATTACHMENT 3
CONTRACTOR STAGING IMPROVEMENTS
DISTRICT PROJECT 7375
BID ITEM COMPARISON
Bid Item 5 Bid Item 6
Extended Cost Extended Cost
Aztec Consultants, Inc. $459,000 $56,000
McGuire & Hester $285,000 $12,000
NTK Construction, Inc. $325,000 $44,000
O.C. Jones & Sons, Inc. $270,000 $20,000
AVERAGE from Bids $334,750 $33,000
Engineer's Estimate $325,000 $35,000
Carone & Company, Inc. $112,500 $137,000
May 6, 2021 Regular Board Meeting Agenda Packet- Page 127 of 239
Page 13 of 64
_RONE IN EOMPANY, INC. -+ ATTACHMENT 4
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General Engineering Contractors
I it iw Nu.7042111
5009 Farrd❑rive, 5ulte A ConrDrd, CA 94520-1205 • Phone: [9251 602-6600 Fax: (9251602-8601
March 18,2021
William Grant
Kitty Young
Central Contra Costa Sanitation District
5019 Imhoff Place
Martinez CA 94553
Project: District Project#7375
Contractor Staging Improvements
Subject: Clerical Error on Bid
Dear Mr. Grant,
This is to serve as formal notification of the following clerical error made in items 5 and 6 of our
estimate submitted for the above project today.
As submitted:
Item 5 CL I Soil 2500 Tons @ $ 45.00 Ton=$112,500.00
Item 6 CL II Soil 1000 Tons @$137.00 Ton=$137,000.00
Actual Bid:
Item 5 CL I Soil 2500 Tons @$137.00 Ton= $342,500.00
Item 6 CL 11 Soil 1000 Tons @ $ 45.00 Ton= $ 45,000.00
As you can see from the above,the unit prices were transposed for these items. This error occurred in
transferring of the estimate from the estimator's pencil work to the typed bid document. CL I Soil is
the more expensive of the two items for handling and disposal.
While this correction increases our estimate by $138,000.00, for a new total of$3,957,700.00, it does
not put us above the next bidder. We are enclosing corrected Bid Schedule A and ask that you please
accept our deepest apologizes for this oversight and hope this doesn't affect the award of the project to
Carone and Company, Inc.
Sincerely,
Carone c/&f Co, Inc.
Lloyd Carone
President
Encls:
May 6, 2021 Regular Board Meeting Agenda Packet- Page 128 of 239
Page 14 of 64
Addendum No. 3 — ATTACHMENT 1
(Page 1 of 2)
PART III
BID FORMS
SECTION 2 — BASE BID SCHEDULE"A" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below (see Part II, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
Mobilization/demobilization for the
lump-sum (LS) price of(WRITTEN IN 200,000.00
1 WORDS) 1 LS $
Two Hundred Thousand Dollars----------------
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
2 safety orders for the lump-sum (LS) price of 1 LS $ 5,000.00
(WRITTEN IN WORDS)
Five Thousand Dollars-----------------------------
Construction schedule and final record
project drawings for the lump-sum (LS)
3 price of(minimum $20,000 - maximum 1 LS $ 9,0000-00
$40,000) (WRITTEN IN WORDS)
Twenty Thousand Dollars----------------------------
Excavating, handling, and stockpiling soil
for the per cubic yard (CY) price of
4 (WRITTEN IN WORDS) 5,600 CY $_ 95.200.00
Ninety-five Thousand Two Hundred Dollars----
Handling and disposal of Class I hazardous
soils for the per ton (TN) price of 342,500.00
5 (WRITTEN IN WORDS) 2,500 TN $
Three Hundred Forty-two Thousand Five
Hundred Dollars------------------------------------------
Handling and disposal of Class II
hazardous soils for the per ton (TN) price of 45,000.00
6 (WRITTEN IN WORDS) 1,000 TN $
Forty-five Thousand Dollars--------
May 6, 2021 Regular Board Meeting Agenda Packet- Page 129 of 239
Page 15 of 64
Addendum No. 3 — ATTACHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton (TN)
7 price of(WRITTEN IN WORDS) 500 TN $ 120,000.00
One Hundred Twenty Thousand Dollars------
3
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto, excluding bid items 1-7) for the
8 lump sum (LS) price of (WRITTEN IN 1 LS $ 3,030,000-00
WORDS) Three Million Thirty Thousand Dollars
------------------------ ----------------------------------
Allowance of$100,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum (LS) price of(WRITTEN IN WORDS)
One EHIundred Thousand Dollars-----------------
--------------------------------------------------
$3,957,700.00--------------------------------------------------------------------
BASE BID SCHEDULE "A" TOTAL BID IN FIGURES
Three Million Nine Hundred Fifty-seven Thousand Seven Hundred Dollars-------------
BASE BID SCHEDULE "A" TOTAL BID IN WORDS
Carone and Company, Inc.
By; March 18, 2021
Authorized Signature Date
Name: Lloyd Carone,President
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 130 of 239
ATTPA 994h -54
Since 1926
March 24, 2021
ViaEmailandRegularMail—sod@centralsan.org
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Re: District Project 7375—Contractor Staging Improvements—Bid Protest
Dear Ms. Young,
McGuire and Hester ("M&H") hereby formally protests the bid submitted to the Central
Contra Costa Sanitary District ("Central San") by bidder Carone and Company, Inc. ("CCI") for
the above referenced project ("Project"). CCI is not a responsive bidder as they have failed to
submit a full and complete bid in accordance with the Project specifications and their errors
cannot be waived. Additionally, an award to CCI would violate applicable law as they have
admitted they made a mistake, and CCI cannot change its bid after opening, nor can Central San.
Any contract awarded to CCI would be illegal and void and thus, Central San cannot award to
CCI and must award to M&H as the lowest responsive bidder.
A. The Project Cannot Be Awarded to CCI Because CCI's Bid Is Nonresponsive
A bid is nonresponsive if it does not comply with the requirements set forth in bid
specifications. See Menefee v. County of Fresno, 163 Cal. App. 3d 1175 (1985). "A basic rule
of competitive bidding is that bids must conform to specifications, and that if a bid does not so
conform, it may not be accepted." Valley Crest Landscape v. Davis,_41 Cal. App. 4th 1432, 1440
(1996).
CCI's bid is nonresponsive and contains significant errors because they failed to correctly
fill out the Project Bid Forms, specifically, Part III—Bid Forms, Bid Item Nos. 4, 5, 6 on page 1
of 2, and Bid Item No. 7 on page 2 of 2. The Bid Form is very specific in that prospective
bidders are required to provide an"amount in both figures and words for each item listed" and
that "Failure to comply with these requirements may be grounds for finding the bid
2810 HARBOR BAY PARKWAY • ALAMEDA • CA • 94502 • Phone (510) 632-7676 • Fax (510) 562-5210
Contractors License No. 95879
May 6, 2021 Regular Board Meeting Agenda Packet- Page 131 of 239
Page 17 of 64
Central Contra Costa Sanitary District
Page 2 of 53
March 24, 2021
nonresponsive". Page 16 -Volume 1 of the Project specifications also states "For the purpose of
initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies and
conflicts found on the face of the bidding schedule as submitted by Bidders: a. In case of
discrepancy between unit price and extended price, the unit price will govern and will be used to
correct the extension of unit prices.
For the four bid items identified above, each was either a per CY "cubic yard" or per TN
"ton" unit, not a lump sum, which on its face requires a multiplier. The bid forms require the
bidder to fill out the per CY or per TN unit price in WRITTEN IN WORDS and then issue an
extended price in figures. See extracted photo from CCI's bid below with highlighting added.
Handling anc+ c^^r^ �f r'lass I hazardous -
SoilG fnr tho per ton (TN) price of
5 (WRITTEN IN WORDS) 2,500 TN $ 112,5000
One Hundred-Twe I ve Thousand rive Hundred 1)uIlars
------------------------------------—--------------
CCI in each of the four instances above failed to both write in words and in figures either
the cubic yard or ton price of each item, and instead wrote a total amount, which causes a
discrepancy in their extended price, and per the specifications, unit prices govern in the event of
a conflict. For instance, bid item no. 5 above's extended price should be $281,250,000, which is
an abnormal amount, and does not match their base bid. This on its face is a serious material
mistake in their bid, which clearly makes their bid non-responsive. Further, CCI contacted
Central San immediately after the bid opening and admitted to them that they had made a
mistake on their bid by writing in a total price v. a per ton or per cubic yard price as specifically
required. Therefore, Central San must reject CCI's bid as being non-responsive.
B. An Award to CCI Violated Applicable Law
CCI has admitted to Central San that it made a mistake and error in its bid. CCI's bid
must be rejected as non-responsive because, from the face of its bid, it is evident that CCI made a
mistake, a fact that CCI has confirmed. CCI's mistake gave it an unfair competitive advantage
because it is able to withdraw its bid pursuant to Section 5100 et seq. of the Public Contract
Code without forfeiting its bid security. No other bidder could do so. CCI was able to see what
the engineer's estimate was, and what the results were from the other bidders, before it decided
to affirm or withdraw its bid. Accordingly, under Valley Crest Landscape v. Davis, 41 Cal. App.
4t' 1432 (1996), Central San does not have discretion to waive the discrepancies in CCI's bid.
May 6, 2021 Regular Board Meeting Agenda Packet- Page 132 of 239
Page 18 of 64
Central Contra Costa Sanitary District
Page 3 of 53
March 24, 2021
In Valley Crest, a contractor submitted a bid that had incorrect amounts entered on a bid
form because of a clerical error. The awarding agency was made aware of the error. The Court
of Appeal ruled that the agency was required to reject the contractor's bid because the error gave
the contractor a competitive advantage: the contractor could withdraw its bid after all bids were
opened,unlike the other bidders.
M&H's protest must be sustained even if CCI did not take advantage of the situation it
had created by submitting a bid that was subject to a material clerical error; so long as there was
a possibility that CCI could decide to withdraw its bid, after considering the amounts bid by its
competitors, CCI's bid must be rejected. See Eel River Disposal & Resource Recover, Inc., 221
Cal. App. 4`h 209, 239 (2013); Konica Business Machines USA, Inc. v. Regents of the Univ. of
Calif., 206 Cal. App. 3d 449, 456-57(1988).
Waiving bidding requirements to allow CCI's bid to be considered would introduce an
improper and unfair element of subjectivity into the bid process. City of Inglewood-LA County
Civic Center v. Superior Court, 7 Cal. 3d 861, 867 (1972). To fail to enforce Central San's
bidding requirements uniformly would be arbitrary, capricious, and grounds for setting aside an
award of the project. Id.
C. CCI Cannot Change Its Bid After Bids Are Opened
Once CCI submitted its bid, it was prohibited from changing the information it had
included. Valley Crest Landscape, Inc. v. Davis, 41 Cal. App. 4th 1432 (1996) (contractor could
not correct information in its subcontractor list).
Allowing a bidder to change its bid documents would improperly and illegally confer a
competitive advantage. A contractor whose bid was not responsive could wait until after bids
were opened, and then learn how other contractors had priced the work, before deciding whether
to submit additional information to remedy deficiencies in its bid. No other bidder had the
opportunity, after bids were opened, to decide whether to keep or withdraw its bid.
California for this reason has long prohibited any changes to bid proposals after the
opening of bids. Valley Crest Landscape, supra; Greer v. Hitchcock, 271 Cal. App. 2d 334
(1969) (agency cannot allow bidder to correct mistake in bid after bids are opened); Palo and
Dodini v. City of Oakland, 79 Cal. App. 2d 739, 750 (1947).
D. Any Contract Awarded To CCI Will Be Illegal And Void
A contract awarded to CCI would be illegal and void. Valley Crest Landscape, Inc. v.
Davis, 41 Cal. App. 4th 1432; Monterey Mechanical v. Sacramento Regional County Sanitation
City, 44 Cal. App. 4th 1391 (1996).
May 6, 2021 Regular Board Meeting Agenda Packet- Page 133 of 239
Page 19 of 64
Central Contra Costa Sanitary District
Page 4 of 5 '�`�
g
March 24, 2021
Payment of any funds on a contract awarded to CCI would violate the California
Constitution. Section 17 of Article IV of the Constitution provides that "The Legislature has no
power to grant, or to authorize a city, county, or other public body to grant, extra compensation
or extra allowance to a public officer, public employee, or contractor after service has been
rendered or a contract has been entered into and performed in whole or in part, or to authorize
the payment of a claim against the State or a city, county, or other public body under an
agreement made without authority of law."
A concerned taxpayer, as well as M&H, may bring an action to enjoin payments on a
contract awarded CCI. Rubino v. Lolli, 10 Cal. App. 3d 1059 (1970); Miller v. McKinnon, 20
Cal. 2d 83 (1942).
CCI would be required to disgorge any payments made to it. Davis v. Fresno Unified
School Dist., 57 Cal. App. 5th 911, 917 (2020) see Hensel Phelps Construction Co. v.
Department of Corrections & Rehabilitation, 45 Cal. App. 5th 679, 683 (2020). The public
policy underlying competitive bidding is so strong that a court is required, on its own initiative,
to order the return of payments even if the parties to a lawsuit do not request such an order.
Greer v. Hitchcock, 271 Cal. App. 2d 334 (1969).
Name,Address, and Contact Persons for Protesting Party
McGuire and Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
mhester(amc Quireandhester.com
Attention: Michael R. Hester, President
With a copy to:
Kimberly S. Carone, Corporate Counsel
McGuire and Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
(925) 785-7480
kimcaronekmc guireandhester.com
May 6, 2021 Regular Board Meeting Agenda Packet- Page 134 of 239
Page 20 of 64
Central Contra Costa Sanitary District
Page 5 of 5 'u"=
March 24, 2021
Conclusion
As detailed above CCI is a non-responsive bidder, and Central San must reject their bid
and award to the second low bidder, M&H. We look forward to receiving a contract for the
Project. If Central San were to consider an award to CCI, however, we respectfully request that
a hearing be held at which evidence and legal authorities concerning this protest may be
presented. M&H reserves all its remedies.
If you have any questions, please contact me directly at(510) 632-7676.
Regards,
Michael Hester
President
McGuire and Hester
Cc: Carone and Company, Inc. - via email and regular mail-
pat@caroneandcompanyinc.com
William Grant—via email-- vuarantacentralsan.org
May 6, 2021 Regular Board Meeting Agenda Packet- Page 135 of 239
ATPAGI ME&M4
IeARalvE & ComPANY, NE.
VV O
Zi
General Engineering Cantrnctnrs
Lu ani r,e-iVi i.7111F In
5009 Form ❑Five. Suite A - Concord. CA 9452D-1205 - Phone! (929) 602-OE-OO Fix: [925) b02-8801
March 25,2021
Nate Hodges
William Grant
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez CA 94553
Project: District Project#7375
Contractor Staging Improvements
Subject: Response to McGuire&Hester Bid Protest
Gentlemen,
We have received McGuire & Hester's (M&H) letter dated March 24, 2021. The letter contains
various inaccuracies and misinterpretation of law. As discussed below, the errors that are contained in
Carone & Company's (Carone) bid are minor mistakes, clerical in nature, and are immaterial to the overall
bid. As such,the District has broad discretion to accept the bid.
Errors in Bid are Immaterial.
Carone acknowledges that it made rninor clerical errors by failing to type, in words, the unit price,
in Item Nos. 4, 5, 6 and 7. Instead, Carone typed, in words, the extended price as was proper for Item Nos.
1, 2, 3, 8 and 9. However, these clerical errors are minor and immaterial because the unit prices are easily
extrapolated by dividing the extended price by the quantity. This error has no effect on the overall bid price,
which further supports Carone's argument that the error is immaterial.
District Can Accept a Bid as Responsive If Errors are Clerical and Immaterial.
The District has broad authority to accept a bid if there are minor irregularities or mistakes and as
long as the mistakes are immaterial. Menefee v. County of Fresno, (1985) 163 Cal. App. 3d 1175.
M&H raises several arguments to claim the bid is non-responsive due to the errors. Carone will
address each one below.
First, M&H acknowledges that the failure in writing the unit prices in words may be grounds for
finding the bid nonresponsive, but they fail to recognize that the District holds broad discretion to accept the
bid if the error is immaterial.
May 6, 2021 Regular Board Meeting Agenda Packet- Oage 136 of 239
Page 22 of 64
Project: District Project#7375 March 25,2021
Contractor Staging Improvements
Subject: Response to McGuire& Hester Bid Protest
M&H attempts to claim that Carone's failure to write the unit price in words is material because it changes
the extended price for bid item no. 5 to$281,250,000. This is incorrect. The error in question is that Carone
wrote the extended price in words instead of the unit price. This is clear because the written words match
the extended price, written in figures,on bid item no. 5. So, it is clear that Carone's intention was to bid the
scope of work for item no. 5 at a total of$112,500 for 2,500 tons. This means that we can simply divide the
extended price by the toils to come up with the unit price. Again, this is a minor error that does not change
Carone's bid intentions.
Second M&H attempts to make a large deal of the fact that Carone acknowledged its mistake and
error in the bid. Again, this argument holds no weight. Acknowledging the error does not make the bid
non-responsive and M&H has provided no case law to suggest that it should. M&H also argues that Ellis
error would give Carone an unfair advantage because it would allow thern to withdraw their bid without
losing their bid bond. Again,this argument is incorrect.
Per the Section 5100 et seq. of the Public Contract Code, which was cited by M&H in their letter, a
bidder can only withdraw their bid if the mistake made makes the bid materially different than the bidder
intended it to be and that the mistake in filling out the bid was not due to an error in judgment—the error
was clerical. As such, the cases cited by M&H regarding withdrawal of a bid do not apply, and Carone's bid
may be accepted.
Here, Carone's clerical mistake, typing in the extended price instead of the unit price, does not
change the bid price in any way—it remains as Carone intended it to be, and the mistake was not an error in
judgment—it was clearly just a mistake of entering in the extended price instead of the unit price.
M&H cited the Valley Crest Landscape case, whose facts are not similar to the ones in this matter.
In that case, the contractor misstated subcontractor participation and claimed a substantial amount of
participation over what was allowed. The mistake needed to be corrected, which ultimately changed the
amount of subcontractor participation. This changed the intentions of the bid, and it was determined that
this mistake was material and gave the contractor an advantage. Here, the error raised by M&H does not
change Carone's intentions nor does it change the bid price.
Lastly, M&H claims that Carone cannot change its bid after bids are opened. As stated above,
Carone does not need to change its bid. The extended price remains the same.
Conclusion
Based on the above, the district has broad authority to declare Carone's bid responsive and award
the contract for the price bid. The contract is not illegal, does not violate the California Constitution, and
ultimately provides the District, and its constituents, with the best price. In the alternative, Carone suggests
that the project be rebid.
Sincerely,
Carone& Contp`aqj,, Inc.
Lloyd Carone
President
May 6, 2021 Regular Board Meeting Agenda Packet- Page 137 of 239
Page 23 of 64
ATTACHMENT
- , CARItNNE & EOMPANY, INC.
Seneral Engineering Contrectum
Lncen&—Nu.704210
5009 Form❑rive, 5ulte A • Concord, CA 94520-1205 + Pham: (925)602-BB❑❑ Fax: 19251602-131301
March 26,2021
Nate Hodges
William Grant
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez CA 94553
Project: District Project#7375
Contractor Staging Improvements
Subject: Response to District Statement of Imbalanced Bid
Gentlemen,
In our prior discussions, Carone & Company ("Caron") informed the district that we are willing to
comply with the amounts contained in our bid,including unit costs that can be extrapolated from our extended
prices.
The District indicated that, despite the immaterial errors in the bid,it was uncomfortable awarding the
contract to Carone because of some imbalance in the bids. It was also suggested that the contract could be
awarded to McGuire & Hester. We have now had an opportunity to review the bid tabulation sheet, and we
note that McGuire & Hester's bid also includes some unusual numbers, especially when compared to other
bidders,which might also be considered imbalanced.
The average price bid for Item No. 1 is $247,260. McGuire & Hester bid only $55,000. The next
lowest bid is Carone's bid at$200,000.
The average unit price for Item No. 4 is $35 a cubic yard. McGuire & Hester bid is $60. The next
highest bid was $40. Any increase in the quantity, for this scope of work, will result in a dramatic increase in
price for which taxpayers will be responsible.
For Item No. 6,when removing Carone's extrapolated unit cost, the average unit price is $33 per ton.
McGuire&Hester's price is $12,and the next lowest unit price is $20. As such,if Carone's bid is removed from
consideration, McGuire&Hester's unit price is nearly two-thirds less than the average and almost half the next
lowest bid. This is likely a bid bust, which will result in issues during the course of the Project if there is more
Class II soil than the quantities in the bid.
For Item No. 7,McGuire&Hester's unit price is 50%lower than the average. This is also likely to be a
problem during the project as the quantity,based on takeoff info from the bid documents,is 325 more tons than
the quantity in the bid documents.
May 6, 2021 Regular Board Meeting Agenda Packet- Page 138 of 239
Page 24 of 64
Project: District Project#7375 March 26,2021
Contractor Staging Improvements
Subject: Response to District Statement of Imbalanced Bid
If any of the contractor's bids show an imbalance, when compared to the others, it is McGuire &
Hester's bid. In the event that a contract is awarded to McGuire & Hester, Carone would have to strongly
consider a bid protest as the extended costs and unit costs, of several categories appear to be quite
"imbalanced."
It appears that the best outcome, although creating a delay, would be to rebid the job. Unless, of
course, the District simply awards the contract to Carone based upon the unit costs and extended costs
contained in Carone's bid,which Carone is willing to accept.
Sincerely,
Carone& Company,Inc.
Lloyd Carone
President
May 6, 2021 Regular Board Meeting Agenda Packet- Page 139 of 239
Page 25 of 64
ATTACHMENT 8
CONTRACTOR STAGING IMPROVEMENTS
DISTRICT PROJECT 7375
POST-BID/PRECONSTRUCTION ESTIMATE
% Of
Item Description Amounts Construction
No. Cost
1. CONSTRUCTION
a. Construction Contract $4,001,000
b. Contingency $300,700
c. Additive item for RV Receiving Station $9,300
d. Permits $25,000
SUBTOTAL- CONSTRUCTION COST $4,336,000 100%
2. CONSTRUCTION MANAGEMENT
a. District Forces
- Construction Management $100,000
- Survey $35,000
- Operations $15,000
b. Outside Services
- SCA (Hazardous Materials Consultant) $40,000
- Inspection (As-Needed Consultant) $100,000
- Engineering Support(Designer) $50,000
SUBTOTAL - CONSTRUCTION MANAGEMENT $340,000 8%
3. DESIGN (PREBID ESTIMATE)
a. Staff and Consultant Costs $524,000
SUBTOTAL - PREBID EXPENDITURES $524,000 12%
4. TOTAL ESTIMATED PROJECT COST $5,200,000
May 6, 2021 Regular Board Meeting Agenda Packet- Page 140 of 239
Page 26 of 64
ATTACHMENT 9
CONTRACTOR STAGING IMPROVEMENTS
DISTRICT PROJECT 7375
STAFF RECOMMENDATIONS FOR AWARD
Board of Directors Meeting
May 6, 2021
Jean Marc Petit, P.E.
- Director of Engineering and Tech. Services
Edgar J. Lopez, P.E.
Capital Projects Division Manager
PROPOSED IMPROVEMENTS
Staging area utilities, access, trailers, and restrooms;
Contractor receiving, storage, and parking areas;
New entrance from Imhoff Drive, emergency access, and new
security guard facility;
Improved roadways, fencing, and automated gates;
Separate construction from daily District operations;
Recreational Vehicle (RV) Receiving Station, if approved; and
Security and Safety Improvements:
Site lighting
Fencing and signage
Security cameras and badging system
CENTRALSAN
1
May 6, 2021 Regular Board Meeting Agenda Packet- Page 141 of 239
Page 27 of 64
PROJECT LOCATION
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May 6, 2021 Regular Board Meeting Agenda Packet- Page 142 of 239
Page 28 of 64
SOLIDS PROJECT IMPACT
One of the immediate needs for the Contractor Staging
Improvements Project is for the large project currently out to
bid, the Solids Handling Facility Improvements (Solids
Project), —$120 million.
• Staff plans to issue an addendum to include a
contingency plan in the event of a delay.
• The contingency plan will include such items as an
alternative entrance and exit for the contractor on Imhoff
Drive. Staff will meet with the refinery for use of the parking
lots.
• This plan will alleviate concerns for impacting the Solids
Project and will be bid as an additive bid item so that the
District can possibly delete it later.
CENTRAL SAN
BID SUMMARY
ENGINEER'S ESTIMATE: £4.000.000
NO. BIDDER BID PRICE
1 Carone&Company, Inc. $3,819,790`
I2 McGuire&Hester $4,001,000
3 O.C.Jones&Sons, Inc. $4,249,500
4 NT Construction, Inc. $4,506,700
5 Aztec Consultants,Inc. $4,731,390
Bid non-responsive.
Bid Opening: March 18, 2021
6
CENTRALSAN
3
May 6, 2021 Regular Board Meeting Agenda Packet- Page 143 of 239
Page 29 of 64
BID ITEMS 5 AND 6 COMPARISON
Bid Item 5 Bid Item 6
Extended Cost Extended Cost
Aztec Consultants,Inc. $458,000 $56,000
McGuire&Hester $285,000 $12,000
NTK Construction,Inc. $325,000 $44,000
0.Janes&Sons,Inc- $270,0170 $20,001)
AVERAGE From Bids $334,750 $33,000
Engineers Estimate $325,000 $35,000
Carone&Company,Inc. $112,500 $137,000
• Carone & Company, Inc. (Carone)submitted a letter on March
18 stating errors had been made in their bid and requested an
additional amount of$138,000 with a corrected bid schedule
for a total of$3,957,700. _
CENTRALSAN
RECOMMEND REJECTING CARONE'S BID
• Carone, the apparent low bidder, made significant errors on
Bid Items 5 and 6.
• Errors are not considered clerical as they impact pricing and the
cost of the contract, as Carone presented in their letter on March 18
(Attachment 4 of the Position Paper). Therefore,the errors are
material. Staff can not recommend an award with material errors
and/or a contractor corrected bid total. Staff finds Carone's bid
nonresponsive.
• Carone has written that they would perform the work at the original
amount given at bid time. The errors for Bid Items 5 and 6 result in
unbalanced bid items. These items are the highest risk for project
costs and unknown conditions; Central San would be at a
disadvantage on Bid Item 6. Staff does not recommend awarding
a contract with a disadvantage that is detrimental to the
District, as stated in the bid specifications (Volume 1, Part II
Instruction to Bidders, Section 8).
=Illo— CENTRAL SAN
4
May 6, 2021 Regular Board Meeting Agenda Packet- Page 144 of 239
Page 30 of 64
BID PROTEST AND PROCEDURES
Bidders have no later than 5 p.m. of the fifth (5) business day
(March 25) to submit a protest per the procedures specified:
Staff received a timely bid protest from McGuire & Hester
(M&H) on March 24.
Staff did not get a protest as defined in the specifications by
Carone, and anything beyond March 25 is untimely.
In review of all correspondence, Carone did not follow
several of the protest procedures, as follows:
A bidder may not rely on the Protest submitted by another bidder but
pursue its own protest in a timely manner.
Carone submitted a letter responding to M&H on March 26 and
stated "Carone would have to strongly consider a bid protest..."
Carone did not transmit copies to M&H.
L 9
REVIEW OF MCGUIRE & HESTER'S BID
When evaluating bids, the project bid specifications are used
by staff in resolving discrepancies.
M&H bid did contain minor discrepancies (missing written
word "Dollars" or "$") which are noted and addressed in the
bid specifications. These discrepancies are considered
clerical and non-material.
Staff has reviewed and discussed the pricing provided by
M&H and did not find any issues between the various
contract items.
Therefore, staff considers M&H's bid to be responsive and
responsible.
10
4, CENTRALSAN
5
May 6, 2021 Regular Board Meeting Agenda Packet- Page 145 of 239
Page 31 of 64
STAFF RECOMMENDED BOARD ACTIONS
• Make findings:
• Project is exempt from California Environmental Quality Act;
• Reject the bid by Carone&Company, Inc.;
• Award the project bids:
• Award a construction contract in the amount of$4,001,000 to McGuire&Hester,the
lowest responsive and responsible bidder for the Contractor Staging Improvements,
District Project 7375;
• Include the additive bid item in the amount of$9,300 for the construction of the RV
Receiving Station;
• Authorize the General Manager to:
• Execute the Contract Documents subject to submittal requirements;
• Amend an existing agreement with Woodard&Curran, Inc.to include engineering
services during construction in the amount of$50,000, increasing the agreement
cost ceiling to$367,000;and
Authorize a Budget Transfer:
• Transfer$800,000 from the Fiscal Year 2020-21 Capital Improvement Budget
Contingency for the inclusion of the RV Receiving Station and hazardous soil
additional budget.
CENTRALSAN
QUESTIONS?
�l
CENTRALSAN
6
May 6, 2021 Regular Board Meeting Agenda Packet- Page 146 of 239
ATTAb"Mt Kf 1l o
- , CARONE K EOMPANY, INC.
Zi F
General Englneering Contractors
License Nu.704210
5009 Forel❑rive, Sults A • Concord. CA 94520-1205 • Phone: (925)602-8800 Fox: (925)602-8801
April 12, 2021 Page 1 of 2
Edgar Lopez
William Grant
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez CA 94553
Project: District Project#7375
Contractor Staging Improvements
RE: Potential Bid Protest
Dear Edgar and William,
Carone and Company, Inc. (Carone) was recently contacted to withdraw its bid from the
DP 7375, contractor Staging Improvements Project, on which Carone and Company, Inc. was the
lowest bidder. The Second Lowest Bidder, McGuire & Hester, claimed that Carone's bid was
nonresponsive due to clerical errors in the bid. Carone was informed that CCCSD intends to reject
Carone's bid due to "numerous errors in its bid schedule and award the contract to the next
lowest responsive bidder, McGuire& Hester." (Email from William Grant, dated March 29, 2021.)
First, CCI's bid contains only minor clerical errors. The only error in its bid is that it did not
write (in words) the unit price for four items. Carone did however provide "an amount in both
figures and words for each item listed" as directed in PART III Bid Forms.There was no unit price
column provided to allow for unit price figures to be stated. However, CCCSD was able to easily
determine the price per unit by dividing the total price by the number of units in the bid
document. This is proven by the engineer's rate comparison sheet,which was provided to Carone
by the District. As such, the error was minor and does not change Carone's intent. Moreover,
Carone points out that several of the bidding contractors made the same error or other errors on
the same page. A copy of this analysis is attached. This shows just how confusing the bid
document was to complete.Three of the five subcontractors filled out the bid schedule the same
way Carone did.
May 6, 2021 Regular Board Meeting Agenda Packet- Page 147 of 239
Page 33 of 64
Project: District Project#7375 April 12, 2021
Contractor Staging Improvements
Subject: Potential Bid Protest
Second, after bid opening, it was CCCSD who contacted Carone and asked them to submit
an explanation of its unit price for two of the items in Carone's bid. As previously stated, Carone
fully intends to proceed and comply with the unit prices included in its bid as submitted. As such,
Carone's bid should be accepted AS-IS. Carone has reviewed the bid documents and is
comfortable performing the work at the prices contained in its bid as they stand. Carone does
believe the quantities for class 1 and class 2 soil are incorrect, but that will ultimately be seen
once the Project begins.
Third, Carone and Company, Inc. is the lowest bidder. We are a local business and smaller
size firm with long term Contra Costa County local employees and a main office, recycle facility,
and yards within close proximity of the District. The clerical errors in our bid are minor and
immaterial,they do not affect ourtotal base bid figure of$3,819,700.And again the clerical errors
can easily be called minor based on the fact that the base bid total figure of$3,819,700 remains
the same. Please note the 2nd bidder has ten minor clerical errors while Carone has four. (see
attached).
Carone and Company, Inc. asks that the district accept our bid of $3,819,700 with the
units as they stand.The units for bid items 4 thru 7 can be easily determined by extrapolating the
unit, and should not be cause for being claimed as being non responsive, because the truth is
that Carone is the lowest bidder and submitted the best number to the district.
As an alternative to awarding Carone and Company, Inc.the contract, CCCSD should rebid
the entire project. If the contract is awarded to McGuire & Hester, Carone will have no choice
but to consider all its options under the law to prevent the contract from award to other than
Carone.
Respectfully,
Carone& Company,Inc.
Lloyd Carone
President
2 1 P a g e
May 6, 2021 Regular Board Meeting Agenda Packet- Page 148 of 239
Page 34 of 64
Addendum No. 3 -ATTACHMENT 1
Carone and Company, Inc (Page 1 of 2)
PART III
BID FORMS
SECTION 2 - BASE BID SCHEDULE "A" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project DOCLFments, The Bidder shall provide an amount
in both figures and words for each item listed below (see Part II, Instructions to Bidders)-
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
Mobilization/demobilization for the
lump-sum (LS) price of(WRITTEN IN 200,000.00
1 WORDS) 1 LS $
Two Hundred Thousand Dollars----------------
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
safety orders for the lump-sum(LS) price of
2 (WRITTEN IN WORDS) 1 LS $ 5,000.00
Five Thousand Dollars-----------------------------
Construction schedule and final record
project drawings for the lump-sum (LS)
price of(minimum $20,000 - maximum
3 $40,000) (WRITTEN IN WORDS) 1 LS $ �.�,nnn nn
Twentv Thousand Dollars----------------------------
._...w. ----------------------_.........__-_. I _
Excavating, handling, and stockpiling soil
for the per cubic yard (CY) price of
4 (WRITTEN IN WORDS) 5,600 CY $----9-5-200.00
Ninety-five Thousand Two Hundred Dollars----
--_
Handling and disposal of Class I hazardous
soils for the per ton (TN) price of 112,500.00
5 (WRITTEN IN WORDS) 2,500 TN $
One Hundred-Twelve Thousand Five Hundred Dollars
Handling and disposal of Class II
hazardous soils for the per ton (TN) price of 137,000.00
6 (WRITTEN IN WORDS) _--_- ..+--- -- 1,000 TN $
One Hundred Thirtv Seven Thousand d Dollarss--------
f ■
�,ry
No U1111 P"Ce o ..
urea [t r? "'a r_4s
May 6, 2021 Regular Board Meeting Agenda Packet- Page 149 of 239
Page 35 of 64
Addendum No. 3—ATTACHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton (TN)
7 price of(WRITTEN IN WORDS) 500 TN $ 120,000.00
One Hundred Twenty Thousand Dollars------
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto, excluding bid items 1-7)for the V 3 D o cbo
8 lump sum (LS) price of(WRITTEN IN 1 LS $ �,
WORDS) ZI" Ree 1114LLI-6w
Allowance of$100,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum(LS) price of(WRITTEN IN WORDS)
One HHundred Thousand Dollars-----------------
BASE BID SC EDULE A"TOTAL BID IN FIGURES
qlL// 6-'%J e 1lglyT IYaA P X E� �' TE�� fG ws,wjv D
BASE BID SCHEDULE"A"TOTAL BID IN WORDS
Carone and Company, Inc.
By: March 18,2021
Authorized Signature Date
Name: Lloyd Carone,President
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 150 of 239
Page 36 of 64
PART III
BID FORMS
SECTION 2 — ADDITIVE BID SCHEDULE "B"OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount in
both figures and words for each item listed below (see Part II, Instructions to Bidders). Failure to
comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
Installation of the RV Dump Station for the
1 lump sum (LS) price of(WRITTEN IN 1 LS $ 20,000.00
WORDS) wcnt� Thousand D Ilars and 00/100
ADDITIVE BID SCHEDULE "B" TOTAL BID IN FIGURES
Twenty Thousand Dollars and zero cents----------------------------------------------------------
ADDITIVE BID SCHEDULE "B"TOTAL BID IN WORDS
Carone and Compam, Inc.
By; ! 1� s March 18,2021
Authorized Signature Date
Name: Lloyd Carone,President
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule "A"
DP 7375-Volume 1 - Page 29
May 6, 2021 Regular Board Meeting Agenda Packet- Page 151 of 239
Page 37 of 64
4
Addendum No. 3—ATTACHMENT 1
McGuire and Hester + (Page 1 of 2)
PART III
BID FORMS
SECTION 2 — BASE BID SCHEDULE "A"OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below(see Part II, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive-
Write
onresponsive_Write
Item Extended Price in
No. Description Quantity Unit Figures
Mobilization/demobilization for the
lump-sum (LS) price of(WRITTEN IN 1 LS $ SS
1 WORDS) " —
f rr �1 Vrd�ts��✓b
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
safety orders for the lump-sum (LS) price of
2 (WRITTEN IN WO DS) 1 LS —
E I�E1� rsr t ANf� Dc-LA;2_S
Construction schedule and final record
project drawings for the lump-sum (LS)
3 price of(minimum $20,000- maximum 1 LS $ Z4,00 L--
$40,090) (WRITTEN IN WORDS) '
�L�Rh
Excavating, handling, and stockpiling soil
for the per cubic yard (CY) price of Aiprr'Y
4 (WRITTEN IN WORDS) No P.v e1'72'�'V ^ 5,600 CYfV
Handling and disposal of Class I hazardous
soils for the per ton (TN) price of ,U ,;,
5 (WRITTEI)I IN WORDS) N6 ��lci��i 2,500 TN $ 0, —
Handling and disposal of Class II
hazardous soils for the per ton JN) price of
g (WRITTEN IN WORDS) 'V.0 000 TN $ 000,—
a /AJ .S'
r(�pHti � ?µrt��
^ lrl�e tx
May 6, 2021 Regular Board Meeting Agenda Packet- Page 152 of 239
Page 38 of 64
Addendum No. 3–ATTACHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton (TN)
7 price of(WRITTEN IN WORDS) 500 TN $ b L'7 006 ,
RL-4 tJ . .
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto, excluding bid items 1-7)for the
8 lump sum (L5 price of(WRITTEN IN 1 LS $T-
WORD v'11 UW 0JkJ
Allowance`ol t160,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum(LS) price of(WRITTEt►I�IN WORDS)
()t,1
O ' !'UCS, —
BASE BID 5 HEDUL "A" TOTAL BID IN FIGURES
o
01.112 �"�d lam/D n/
BASE SCHEDULE "A"TOTAL BID IN WORDS
-;)rwMarch 18, 2021
By:
Auth d Signature cGuire and Hester Date
Name: Bruce W. Daseking, Exec. VP/Treasurer
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 153 of 239
Page 39 of 64
PART III
BID FORMS
SECTION 2 — ADDITIVE BID SCHEDULE"B"OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount in
both figures and words for each item listed below(see Part II, Instructions to Bidders). Failure to
comply with these requirements may be grounds for finding the bid nonresponsive.
Write
ItemExtended Price in
No. Description J.-Quantity Unit Figures
Installation of the RV Dump Station for the
1 lump sum(L')price o {WRITTEN IN 1 LS $ �Oa
WORI]S) A JoLLEdDR-EA !,ire A 171
3 coo. -
ADDITIVE BID SCHEDULE°B"TOTAL BID IN FIGURES
I r_� Iu v1J� � A�1 US •
ADDITIVE BID SCHEDULE"B"TOTAL BID IN WORDS
By. 3�a March 18, 2021
Aut d E46dyouire and Hester Date
Name: Bruce W. Daseking, Executive VP/Treasurer
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule "A"
DP 7375-Volume 1 -Page 29
May 6, 2021 Regular Board Meeting Agenda Packet- Page 154 of 239
V(� Page 40 of 64
O.C. Jones & Sons, �nC. Addendum No. 3—ATTACHMENT 1 1
(Page 1 of 2)
PART III
BID FORMS
SECTION 2 — BASE BID SCHEDULE"A"OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below(see Part ll, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
j — - Write
Item Extended Price in
No. Description Quantity Unit Figs
ure
Mobilization/demobilization for the
lump-sum(LS) price of(WRITTEN IN 1 LS $
1 ORDS rZd i_Y
44"o-1w
o qrs
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
2 safety orders for the lump-sum(LS)price of 1 LS $ 3000
(WRITTEN --hou€ WORDS)nA do lcrf
Construction schedule and final record
project drawings for the lump-sum(LS)
3 price of(minimum$20,000-maximum 1 LS $ 2 0 0 0 E
$40,000)(WRIITTE 11IN WOR DS)
�GIIGrs
Excavating, handling, and stockpiling soil
for the per cubic yard(CY) price of
4 MJ�ITTEN! i WORDS) 5,600 CY $
' ❑� 411ars 11 W1e177+*'^1
L4A ES R McA_,AIT
Handling and disposal of Class I hazardous
soils for the per ton (TN) price of
>r 1 5IN(WRITTEN
YT ( e . Wc r).s �o 2,50�0 TN $Z 6��0Acd�d 'e A f77Z5
of
c
Handling and disposal of Class II
hazardous soils for the per ton (TN)price of r
6 (WRITTEN IIN WQRIaS a�larf 1,000 1 TN $zO ow .
G+rrF L �} ND W ie � � �2 D.S
W ! T '�5DIcN� m
May 6, 2021 Regular Board Meeting Agenda Packet- Page 155 of 239
Page 41 of 64
Addendum No. 3—ATTAGHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton(TN)
7 pTiCe of(VYRITTEN IN WORD ) 500 TN $
0i A-fp
n ar ►£' TTS �f' �/ �'fi��� .�� �a�„�,�..
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto,excluding bid items 1-7)for the 1 LS $
8 lump sum(LS)price of(WRITTEN IN
WORDS) llere t.�a
Allowance of$100,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum(LS)price of(WRITTEN IN WORDS)
0n Vn t ' 441U v$Gr
BASE BID SCHEDULE"A'TOTAL BID IN FIGURES
i �1 OI7 �t++l +Q ri4a�I+PG� l`d�• ��✓1� — .
BASE BID SCHEDULE"A"TOTAL BID IN WORDS
By: Cbz-- _ 3/18/21
Authorized Sig re Date
Name: Greg Souder,Secretary
Print U
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 156 of 239
Page 42 of 64
PART III
BID FORMS
SECTION 2 — ADDITIVE BID SCHEDULE"B"OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount in
both figures and words for each item listed below(see Part II, Instructions to Bidders). Failure to
comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
I
Installation of the RV Dump Station for the
1 lump sum(LI)price of(WRITTEN IN 1 -LS $ Zd)0 d 10
WORDS) -6n K ouS 4n
0
ADDITIVE BID SCHEDULE"B°TOTAL BID IN FIGURES
-TW-e-n r 44, rusor+ .1 d0 Kaes
ADDITIVE BID SCHEDULE"B"TOTAL BID IN WORDS
3/18/21
By:
Authorized Signature Date
Name: Greg Souder,Secretary
Print Y i
Note: Bidder must initial ALL changes in Schedule of Bid. t
The basis for award will be Base Bid Schedule"A" I
DP 7375-Volume 1 -Page 29 i
May 6, 2021 Regular Board Meeting Agenda Packet- Page 157 of 239
Page 43 of 64
Addendum No. 3—ATTACHMENT 1
(Page 1 of 2)
NTK Construction, Inc.
PART 111
BID FORMS
SECTION 2 — BASE BID SCHEDULE"A" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below(see Part II, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
Mobilization/demobilization for the
lump-sum (LS) price of(WRITTEN IN
1 WORDS) 1 LS $ OU. 06o
�1do/XQrs
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
2 safety orders for the lump-sum (LS) price of 1 LS $ D
(WRITTEN IN WORDS) r
"i-r". � !lex.,�--�. . • r./ . �d G�Ci-1"�
Construction schedule and final record
project drawings for the lump-sum (LS)
3 price of(minimum $20,000- maximum 1 LS $_ 2—moi 000
$40,000)(WRITTEN IN WORDS) J
Excavating, handling, and stockpiling soil
for the per cubic yard (CY) price of
4 (WRITTEN IN WORDS) 5,600 CY $ zc'O
iJ
Handling and disposal of Class I hazardous
soils for the per ton (TN) price of
5 (WITTEN IN WORDS) %u 2,500 TN $
Handling and disposal of Class II
hazardous soils for the per ton (TN) price of
6 (WRITTEN IN WOR13SI 1,000 TN $ I a
May 6, 2021 Regular Board Meeting Agenda Packet- Page 158 of 239
Page 44 of 64
Addendum No. 3—ATTACHMENT 1
(Page 2 of 2) 1
I
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton (TN) p
7 price of(WRITTEN IN , ROS) 500 TN $ DSb
r �y
! I
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto, excluding bid items 1-7)for the
8 lump sum (LS) price of(WRITTEN IN 1 LS $ Jam]
WORDS) J- Id
14 +r' ] 1,' - k
Allowance of$100,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum (LS) price of(WRITTEN IN WORDS)
moi• fr
BASE BID SCHEDULE"A"TOTAL BID IN FIGURES
��� ,f �--f� f�i� � �-. ��-�= f�r��-•off��c���� l�fJ��
e�"-A s
ASE BID SCHEDULE "A" TOTAL BID IN WORDS
By: 2-oz-1
Ruthorized Signature Date
Name: d ,�/ r
Print K
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 159 of 239
Page 45 of 64
Addendum No. 3—ATTACHMENT 1
(Page 1 of 2)
Aztec Consultants, Inc.
PART 111
BID FORMS
SECTION 2 — BASE BID SCHEDULE"A" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below(see Part II, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
Mobilization/demobilization for the
lump-sum(LS) price of(WRITTEN IN
1 WORDS) 1 LS $ 60
� 4�
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
2 safety orders for the lump-sum (LS) price of 1 LS $ 90
(WR TTEN I WORDS) -.
Construction schedule and final record
project drawings for the lump-sum (LS)
3 price of(minimum $20,000- maximum 1 LS $ c7
'�3 $40,000)(W TTEN IN WORD$)
ffij. JL ��
1n
Excavating, handling, and stockpiling soil 00A*
IAO 04R �y
01Afor the per cubic yard (CY) price of
Z Qv 6 U
4 (WRITTEN IN WOR Sy (J 5,600 CY $
Handling and disposal of Class I hazardousiVb � Al d it �� ► ,
soils for the per ton (TN) price of , r
5 RITTEN 1 OR V'*`U 2,500 TN $ `7 (1U u
Jo
�✓ 1 s
Handling and disposal of Class II y 140hi A0 DS /*1e N VA07em"
hazardous soils for the per ton (TN) price of
6 (W TTEN IN WORDS) 1,000 TN $
OAS�f•
May 6, 2021 Regular Board Meeting Agenda Packet- Page 160 of 239
Page 46 of 64
Addendum No. 3—ATTACHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Fi ures
Provision and installation of AC pavement
per Project Documents for the per ton (TN) `
7 price of(WRITTEN IWWORDS) 500 TN $ 6
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto,excluding bid items 1-7)for the
8 lump sum (LS) price gfi(WRITTEN IN 1 LS $
WORDS) �
Allowance of$100,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000•
sum(LS) price of(WRITTEN IN WORDS)
P
BASE'Bib 81CHEDOLE "A"TOTAL BID IN FIGURES
! Gvw CSS
BASE BID SCHEDULE "A"TOTAL BID IN WORDS
By: 3/11/2021
Authoriz d Signature Date
Name: E.Frank DuarteDuarteT —
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 161 of 239
Page 47 of 64
PART 111
BID FORMS
SECTION 2 — ADDITIVE BID SCHEDULE"B"OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount in
both figures and words for each item listed below(see Part II, Instructions to Bidders). Failure to
comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
Installation of the RV Dump Station for the
1 lump sum(LS) price RITTEN IN LS $
t WORDS)
ADDITIVE BID SCH DULE"B"TOTAL BI IN FIGURES
ADDITIVE BID SCHEDULE"B"TOTAL BID IN WORDS
By. 3/11/2021
Authorized Signature Date
Name: E. Frank Duarte T��
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule "A"
DP 7375-Volume 1 -Page 29
May 6, 2021 Regular Board Meeting Agenda Packet- Page 162 of 239
File:7375.8.3
BID TABULATION SHEET
A,vp CG S/t�L E.PQa/2 Sta la?J4.t��o
Project No&Title DP 7375 Contractor Staging Improvements
Prepared BY:Parker Ewing E
Date: 3/18!21
En ineer's Estimate Aztec Consultants Carone and Company McGuire and Hester NTK Construction O.C.Jones Average
ItemExiended Extended extended a xtendeO ExtendeD
9 Description Q Unit
Unit Cost Cost Unit Cost Cost unit Cost Cost Unit Cost CostUnit Cos[ cost Unit Cost Extended Cos
aid Schedule"A"
1 Mobilization/Demobilizalion for the lump sum 1 LS
L rice of $ $ 231,3001S 231,300 $ 200,000 $ 200,000 $ 55.000 $ `...5.900 $ 400.000 1 111100 1 350.000 $ 3111.01)0 1 247260
Sheeting,shoring,and bracing or equivalent
2 method cenrorming to applicable safety orders 1 LS
fpr me sum LS rice of $ $ 11 500 s 11 500 $ 5A00 $ 5A00 $ 11.000 $ 11.000 $ 10,000 s 10,000 $ 3.000 $ 3,000 $ 6.100
3 Construction schedule for the lump sum CLS)
ce of in=,=-max SACLMO 1 LS $ S 34500 $ 34500 $ 20.000 8 20.000 S 20000 $ 20.000 $ 20.000 S 20.000 S n.0013 $ 20000 $ 22.900
priE=w"I n9,t4rMi"'and slodplfutp salt fIX
q dta mcubk rd n 5Prim or ,600 CY 5 $ aft $ 200.000 $ 17 4 95200 $ 60 $ 336,000 $ 22 $ 123.200 'S 40 $ 224.000 S 35
Handling and disposal of Class I hazardous
5 lois for the Der Ion(TN) rice or 2.500 TN 5 s 1 B4 S 45%000 $ 45 5 112,500 S 114 S 285.000 $ 130 $ 325.000 S 109 $ 270.000 $ 116
6 Handling and disposal of Class II hazardous 1,000 TN
lois for the er Ion TN price of 5 $ 56 $ 56,000 $ 137 $ 137.000 $ 12 $ 12.000 S 44 $ 44.000 $ 20 $ 20.000 $ 54
7 ProNsianand imilMaktif OF AC PmmarA par 500 TN
roiecl documents for the per ton(TNI price or $ $ 278 S 139,000 $ 240 S 120,000 $ 1201 $ 60,000 s 179 $ 89,500 $ 125 $ 500 $ 188
JAII other work in the project documents
8 (volumes 1 through 3 inclusive,all addenda 1 LS
thereto,excluding bid items 1-7)for the lump
sum(1-S)rviod of S S 3.500.000 1$ 3 500.00D S 3.030,000 1$ 3,030,000 $ 3.122.000 S 3.122.000 S 3.395.000 $ 3,395,000 S 3 200 000 $ 3,200,000 S 3249x100
gllperdnce eI SSOO,D001or IendscaP�.
9 )mgatlun Nnprat!ArnMbi.4r41 alhar addillpry71 1 LS
MMA at the direction of the District outside of
bid]tams 1•e for ft
sum S} pf $ - 5 100.000 S 100 000 $ 100.000 s 100.000 s 100 000 5 tpo.9o0 $ i00.000 $ 100.000 1$ 100 000 5 100.000 $ 100,000
aid Sedule"6" $
In61et1.Ytr,of the chmp Steliw lcr IM lump 1 LS
sumLS rice of $ 50 000 S 5D.0oo $ 20.000 s 20.000 S 9.300 S 9.300 N/A N/A S 20,000 $ 20,000 $ 24.825
TOUTS S 4,000,000 $ 4,731,300 S 3,919.7001 S 4,001,DD0 S 4,506.700 15 4,249,600 $4.261,640
May 6, 2021 Regular Board Meeting Agenda Packet- Page 163 of 239
Page 49 of 64
ATTACHMENT 11
E ROME & COMPANY, INC. T
General Engineering Contractors
UMM,No-704210
5009 F3rr11 Orlve, Sulte A • Conmrd. CA 94520-1205 • Phone: FJ251 602-8800 Fax:(525)602-BEMI
April 16, 2021 Page 1 of 2
Edgar Lopez
William Grant
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez CA 94553
Project: District Project#7375
Contractor Staging Improvements
RE: Follow-up to CCCSD 4/15/21 Board Meeting
Gentlemen,
In follow-up to yesterdays, April 15, 2021 CCSD Board Meeting, we provide the following and
attached information.
CCCSD Bid Forms DP 8404 March 2013 Lafayette Sewer Renovations
CCCSD Bid Forms DP 7375 March 2021 Contractor Staging Improvements
In yesterday's April 15, 2021 CCCSD Board Meeting it was stated that CCCSD has not changed its
bid forms, and that Carone and Company, Inc. has bid a previous project (DP 8404) with the
same bid forms as DP 7375. As you can see by the attached documents, that is not the case. In
fact, CCCSD has changed its bid form by removing the "Write Unit Price in Figures" column from
their bid form. The removal of this column is what has brought about the issue at hand.
In order for the bidder to be compliant with the instructions at the top of the DP 7375 Part III -
Bid Form,
"Bidder shall provide an amount in both figures and words for each item listed below,"
there needs to be a designated place on the bid form for inserting both the figures and words
for each item. In this case, there is no column to "Write Unit Price in Figures"and the only
place for inserting figures is in the "Write Extended Price In Figures" column. Thus,to be
compliant with the instructions on this page the bidder must write the amount in words for the
figures shown on the bid form, the Extended Price figures.
11 Page
May 6, 2021 Regular Board Meeting Agenda Packet- Page 164 of 239
Page 50 of 64
Project: District Project#7375 April 16, 2021
Contractor Staging Improvements
RE: Follow-up to CCCSD 4/15/21 Board Meeting
If Carone and Company, Inc. is deemed non-responsive, because of not stating unit price in
words (when there are no unit price figures shown)then McGuire & Hester should also be
deemed non-responsive for not writing the extended price in words, as the only "figures" on
the bid form for each item are the Extended Price figures. See attached bid forms highlighted in
pink.
We also want to reiterate our March 26, 2021 (copy attached) wherein we point out
unbalanced bid items on McGuire & Hester's bid, specifically items 1, 4, 6 and 7 differing to the
average bid by others and a potential cost impact to the district. These items do not appear to
have been addressed with the board.
As we've previously submitted, errors can be pointed out in all of the bids submitted. The
bottom line is our bid price of$3,819,700.00 stands as submitted and Carone and Company,
Inc. should be awarded the contract for this project.
As an alternative to awarding Carone and Company, Inc. the contract, CCCSD should rebid the
entire project. If the contract is awarded to McGuire & Hester, Carone will have no choice but to
consider all its options under the law to prevent the contract from award to other than Carone.
Respectfully,
Carone& Company,Inc.
0; /- 4
�
Lloyd Carone
President
21 Page
May 6, 2021 Regular Board Meeting Agenda Packet- Page 165 of 239
Page 51 of 64
Addendum No. 3 —ATTACHMENT 1
Carone and Company, Inc (Page 1 of 2)
PART III
BID FORMS
SECTION 2 — BASE BID SCHEDULE "A" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below (see Part II, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit _ Figures J
Mobilization/demobilization for the
lump-sum (LS) price of(WRITTEN IN
200,000.00
1 WORDS) 1 LS $
Two Hundred Thousand Dollars----------------
- ------ -
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
safety orders for the lump-sum (LS) price of
2 (WRITTEN IN WORDS) 1 LS $ 5,000.00
Five Thousand Dollars-----------------------------
Construction schedule and final record
project drawings for the lump-sum (LS) I
3 price of(minimum $20,000 - maximum 1 LS $ ?.n,nno on
$40,000) (WRITTEN IN WORDS)
Twentv Thousand Dollars--------------------------
Excavating, handling, and stockpiling soil
G
for the per cubic yard (CY) price of
4 '417-
(WRITTEN IN WORDS) 5,600 CY $ 95.200.00
Ninet -five Thousand Two Hundred Dollars----
Handling and disposal of Class I hazardous.r f
soils for the per ton (TN) price of �S '" 112,500.00
5 (WRITTEN IN WORDS) 1 2,500 TN $
One Hundred-Twelve Thousand Five Hundred 1.1ollars = AorfouN r .!
Handling and disposal of Class II
hazardous soils for the per ton (TN) price 0 137,000.00
6 (WRITTEN IN WORDS) „� ��� 1,000 TN $
One Hundred Thlrty Seven Thousand Dollars-------- -
May 6, 2021 Regular Board Meeting Agenda Packet- Page 166 of 239
Page 52 of 64
Addendum No. 3 —ATTACHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton(TN)
7 price of(WRITTEN IN WORDS) 500 CF $ 120,000.00
One Hundred Twenty Thousand Do lars----=- y�ro rVT ;;>.
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto, excluding bid items 1-7)for the
8 lump sum (LS) price of(WRITTEN IN 1 LS $ 3D, 3
WORDS) 1"16rafe' Al,,e -
Allowance of$100,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum (LS) price of(WRITTEN IN WORDS)
One Hundred Thousand Dollars-----------------
66
BASE BID SC EDULE 'A"TOTAL BID IN FIGURES
,P <LG16. X1611 T zza � rHzwsesPvD
BASE BID SCHEDULE "A"TOTAL BID IN WORDS
Carone and Company,Inc.
By:
_ March 18,2021
Authorized Signature Date
Name: Lloyd Carone,President
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 167 of 239
Page 53 of 64
PART III
BID FORMS
SECTION 2 - ADDITIVE BID SCHEDULE"B" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount in
both figures and words for each item listed below (see Part II, Instructions to Bidders). Failure to
comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit Figures
Installation of the RV Dump Station for the
lump sum (LS) price of(WRITTEN IN
1 LS w ,
� 2D 000.00
WORDS)--wcnt%-Thousand Dollars and 00/100
-------------------
$20J)00.00--- --------------------------------------------------------—-------
ADDITIVE
20J)00.00-----------------------------------------------------------------------
ADDITIVE BID SCHEDULE "B" TOTAL BID IN FIGURES
Twenty Thousand Dollars and zero cents----------------------------------------------------------
ADDITIVE BID SCHEDULE "B" TOTAL BID IN WORDS
Carone and Company, Inc.
By: ! j r - March 18,2021
Authorized Signature Date
Name: Lloyd Carone,President
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule "A"
DP 7375-Volume 1 - Page 29
May 6, 2021 Regular Board Meeting Agenda Packet- Page 168 of 239
Page 54 of 64
F Addendum No. 3—ATTACHMENT 1
McGuire and Hester (Page 1 of 2)
PART III
BID FORMS
SECTION 2 — BASE BID SCHEDULE "A" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below(see Part II, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description l Quantity Unit Figures
Mobilization/demobilization for the
lump-sum (LS) price of(WRITTEN IN
1 WORDS) , 1 LS $ 00(o
FJ
Vi~ 'a�S�oJI�
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
2 safety orders for the lump-sum (LS) price of 1 LS $ �1, 0&90,
(WRITTEN IN WO,O�DS)
I✓�VEN T�1nt,��A�� �7oL1-An-S
Construction schedule and final record
project drawings for the lump-sum (LS)
price of(minimum $20,000-maximum ZO
3 $40,OQ0) (WRITTEN IN WORDS) 1 LS $ —
irl!fN-
Excavating, handling, and stockpiling soil
for the per cubic yard(CY) price of -
4 (WRITTEN IN WORDS) 5,600 CY $
5 L "< SFS
THrC£ 6tN,01?,CV TIfI,'T ,SIX T/Y6 iSnArO E
Handling and disposal of Class I hazardous
soils for the per ton (TN) price of&"y
5 (WRITTEN IN WORDS) — 2,500 TN
Handling and disposal of Class 11
hazardous soils for the per ton (TN) price of
6 (WRITTEN I. r WORDS)
1,000 TN $ 12-X 000,—
✓� TftacJ r�,�J
/06 iZ `s-
May 6, 2021 Regular Board Meeting Agenda Packet- Page 169 of 239
Page 55 of 64
Addendum No. 3–ATTACHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton (TN)
7 price of(W ITTEN IN WORDS) A1210 ` 500 TN $ o
O�� Lt hl f71�-�D7Il�J�►'�..1�1'
a
AII other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto, excluding bid items 1-7) for the
8 1 LS $_� ]Z
lump sum (LS} price of(WRITTEN IN
WORDS)_7�r-1�-G x"11 Ll,)0KJ
oMr–
Allowance of$100,000 for landscaping,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum (LS) price of(WRITTEN,IN WORDS)
ICU
BASE BIDS HEDUL "A" TOTAL BID IN FIGURES
BASE �) SCHEDULE"A"TOTAL BID IN WORDS
By: -;)FW —
March 18, 2021
Auth d Signature cGuire and Hester Date
Name: Bruce W. Daseking, Exec. VP/Treasurer
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 170 of 239
Page 56 of 64
PART III
BID FORMS
SECTION 2 – ADDITIVE BID SCHEDULE "B"OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount in
both figures and words for each item listed below(see Part II, Instructions to Bidders). Failure to
comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Pricein
No. Description Quantity Unit Figures
Installation of the RV Dump Station for the
1 lump sum ce of(WRITTEN IN 1 LS $ y, 3co,—
WORDS) TPO SA�-)Q
q OC. -
ADDITIVE BID SCHEDULE"B"TOTAL BID IN FIGURES
� , I
0�r 1 Imo."TN awLArJ c') Rr�- {�G�v�J
ADDITIVE BID SCHEDULE"B"TOTAL BID IN WORDS
By. �4j March 18, 2021
Aut d Sig a PWuire and Hester Date
Name: Bruce W. Daseking, Executive VP/Treasurer
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule "A"
DP 7375-Volume 1 -Page 29
May 6, 2021 Regular Board Meeting Agenda Packet- Page 171 of 239
Page 57 of 64
Addendum No. 3 —ATTACHMENT 1
(Page 1 of 2)
PART III
BID FORMS
SECTION 2 — BASE BID SCHEDULE "A" OF BID
Lump-Sum and Unit Price Schedule of Prices for Construction of Contractor Staging
Improvements, in accordance with the Project Documents. The Bidder shall provide an amount
in both figures and words for each item listed below (see Part Il, Instructions to Bidders).
Failure to comply with these requirements may be grounds for finding the bid nonresponsive.
Write
Item Extended Price in
No. Description Quantity Unit ELquires
I - -
Mobilization/demobilization for the
lump-sum (LS) price of(WRITTEN IN
1 WORDS) 1 LS $
Sheeting, shoring, and bracing or
equivalent method conforming to applicable
safety orders for the lump-sum (LS) price of
2 (WRITTEN IN WORDS) 1 LS $
Construction schedule and final record
project drawings for the lump-sum (LS)
price of(minimum $20,000 - maximum
3 $40,000) (WRITTEN IN WORDS) 1 LS $
Excavating, handling, and stockpiling soil
for the per cubic yard (CY) price of
4 (WRITTEN IN WORDS) 5,600 CY $
Handling and disposal of Class I hazardous
soils for the per ton (TN) price of
5 (WRITTEN IN WORDS) 2,500 TN $
Handling and disposal of Class II
hazardous soils for the per ton (TN) price of
6 (WRITTEN IN WORDS) 1,000 TN $
l
May 6, 2021 Regular Board Meeting Agenda Packet- Page 172 of 239
Page 58 of 64
Addendum No. 3 —ATTACHMENT 1
(Page 2 of 2)
Write
Item Extended Price in
No. Description Quantity Unit Figures
Provision and installation of AC pavement
per Project Documents for the per ton (TN)
7 price of(WRITTEN IN WORDS) 500 TN $
All other work in the Project Documents
(Volumes 1 through 3 inclusive, all addenda
thereto, excluding bid items 1-7) for the
8 lump sum (LS) price of(WRITTEN IN 1 LS $
WORDS)
Allowance of$100,000 for landscaping,
in
9,
irrigation improvements, and other
additional work at the direction of the
9 District outside of bid items 1-8 for the lump 1 LS $100,000
sum (LS) price of(WRITTEN IN WORDS)
BASE BID SCHEDULE "A" TOTAL BID IN FIGURES
BASE BID SCHEDULE "A" TOTAL BID IN WORDS
Carone and Company, Inc.
By:
Authorized Signature Date
Name:
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
The basis for award will be Base Bid Schedule A
May 6, 2021 Regular Board Meeting Agenda Packet- Page 173 of 239
Page 59 of 64
PART III
BID FORMS
SECTION 2 — SCHEDULE OF BID
Unit Price Schedule of Prices for Construction of Lafayette Sewer Renovations, Phase 8, in
accordance with the Project Documents. The bidder shall provide an amount in both figures and
words for each item listed below (see Part Il, Instructions to Bidders). Failure to comply with these
requirements may be grounds for finding the bid nonresponsive.
Write Write
Unit Extended
Item Price In Price in
No. Description Quantity Unit Figures Figures
1 Mobilization/demobilization for the 1 LS $ $
lump-sum (LS) price of(WRITTEN IN
WORDS)
2 Sheeting, shoring, and bracing or 1 LS $ $
equivalent method conforming to
applicable safety orders for the
lump-sum (LS) price of(WRITTEN IN
WORDS)
3 Construction schedule for the lump-sum 1 LS $ $
(LS) price of(minimum $20,000 -
maximum $40,000) (WRITTEN IN
WORDS)
4 Traffic control as specified, for the lump- 1 LS $ $
sum (LS) price of(WRITTEN IN
WORDS)
5 Abandonment and/or removal of existing 1 LS $ $
manholes, rodding inlets, and sanitary
sewers for the lump-sum (LS) price of
(WRITTEN IN WORDS)
6 New standard manholes, furnished and 27 EA $ $
installed, for the per-each (EA) price of
(WRITTEN IN WORDS)
DP 8404-Volume 1 -Page 23
May 6, 2021 Regular Board Meeting Agenda Packet- Page 174 of 239
Page 60 of 64
7 New polyethylene manholes, furnished 9 EA $ $
and installed, for the per-each (EA) price
of(WRITTEN IN WORDS)
8 Modify manholes for the per-each (EA) 16 EA $ $
price of(WRITTEN IN WORDS)
9 Manhole rehabilitation coating for the 1 EA $ $
per-each (EA) price of(WRITTEN IN
WORDS)
10 Install rodding inlet for the per-each (EA) 1 EA $ $
price of(WRITTEN IN WORDS)
11 Installation of 6- and 8-inch PVC pipe 4,211 LF $ $
using open-cut method for the lineal foot
(LF) price of(WRITTEN IN WORDS)_
12 Installation of 8-inch PVC pipe using 232 LF $ $
hand-dig method for the lineal foot(LF)
price of(WRITTEN IN WORDS)
13 Installation of 8-inch DI pipe using open- 261 LF $ $
cut method for the lineal foot (LF) price of
(WRITTEN IN WORDS)
14 Installation of 8-inch HDPE pipe using 86 LF $ $
open-cut method for the lineal foot (LF)
price of(WRITTEN IN WORDS)
15 Installation of 6- and 8-inch HDPE pipe 2,585 LF $ $
using pipe-burst method for the lineal
foot (LF) price of(WRITTEN IN WORDS)
16 Installation of 8-inch HDPE pipe using 916 LF $ $
HDD method for the lineal foot (LF) price
of(WRITTEN IN WORDS)
17 Locate, hand dig, and repair of pipeline 34 LF $ $
sags prior to pipe bursting, as indicated,
for the lineal foot(LF) price of(WRITTEN
IN WORDS)
DP 8404-Volume 1 -Page 24
May 6, 2021 Regular Board Meeting Agenda Packet- Page 175 of 239
Page 61 of 64
18 Provision and installation of spot 1 EA $ $
repair(s) for the per-each (EA) price of
(WRITTEN IN WORDS)
19 Reconnect active house or building 112 EA $ $
laterals for the per-each (EA) price of
(WRITTEN IN WORDS)
20 Provision and extension of laterals 77 LF $ $
beyond the 6 feet per specifications for
the lineal foot(LF) price of(WRITTEN IN
WORDS)
21 Locate and verify active and inactive 112 EA $ $
house or building laterals for the per-
each (EA) price of(WRITTEN IN
WORDS)
22 Remove and replace concrete driveway, 100 SY $ $
sidewalk, curb, and/or gutter beyond the
limits specified for all other items for the
square-yard (SY) price of(WRITTEN IN
WORDS)
23 Provision and installation of 100 TN $ $
miscellaneous AC pavement for the per-
ton (TN) price of(WRITTEN IN WORDS)
24 Open-cut hard rock for the cubic yard 100 CY $ $
(CY) price of(WRITTEN IN WORDS)_
25 Overexcavation for the cubic yard (CY) 100 CY $ $
price of(WRITTEN IN WORDS)
26 Removal of trees greater than 9 inches in 6 EA $ $
diameter, as indicated, for the per-each
(EA) price of(WRITTEN IN WORDS) _
27 Provision and installation of concrete cap 120 SY $ $
for the per square-yard (SY) price of
(WRITTEN IN WORDS)
DP 8404-Volume 1 -Page 25
May 6, 2021 Regular Board Meeting Agenda Packet- Page 176 of 239
Page 62 of 64
TOTAL BID IN FIGURES
TOTAL BID IN WORDS
By:
Authorized Signature Date
Name.
Print
Note: Bidder must initial ALL changes in Schedule of Bid.
DP 8404-Volume 1 -Page 26
May 6, 2021 Regular Board Meeting Agenda Packet- Page 177 of 239
Page 63 of 64
ATTACHMENT 12
- , CARONE & COMPANY, INC. al
Zi**F
General Engineering Contractors
Lbmise Mu.704210
5009 RY N Or1ve, 5L11te A Concord, EA 94520-1205 , Phone: (925)602-®®00 Fox; (9251 602-860I
April 28,2021
Edgar Lopez
Nate Hodges
William Grant
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez CA 94553
Project: District Project#7375
Contractor Staging Improvements
Gentlemen,
This letter follows up on the change in the District's position on why it is going to declare Carone's
bid as nonresponsive and award the contract to McGuire&Hester.
During the Committee meeting, staff recommended to declare Carone's bid as nonresponsive, not
because of clerical errors relating to "writing the unit prices in numbers and words" but because it felt that
Carone's bid was unbalanced. Staff referred to Carone's letter noting that the unit prices for Items 5 & 6
were switched.
Carone has repeatedly indicated that it will take on the risk and perform the work at the unit prices
in the bid. The District does not have the authority to throw Carone's bid out as non-responsive when
Carone is not requesting the District to do so. If the District were able to do so, it would have broad
authority to say a bid is unbalanced, declare it non-responsive, and then award the contract to the next lowest
bidder. This contradicts the entire process of awarding contracts to the lowest bidder and could be abused to
award contracts to favorite contractors. One of the stated goals of the Public Contract Code Section 100 is to
eliminate favoritism, fraud, and corruption in the awarding of public contracts. While we are not claiming
that the District is engaging in any of this activity in this case, the basis stated by the District, to declare
Carone's bid unresponsive, would be useable to accomplish what PCC Section 100 seeks to prevent. As
such,the conduct is not allowed and not allowable.
Carone does also, again, point out that if Carone's bid is "unbalanced" based on the unit prices of
the other bidders, then the District should look at McGuire & Hester's bids more closely. On several
occasions, their prices are significantly different from the average of the other bidders, and at a higher
disparity rate than Carone's.
The term "lowest responsible bidder" has been construed to mean the lowest bidder whose offer
best responds in quality, fitness, and capacity to the particular requirement of the proposed work. See West
v. City of Oakland (1916) 30 Cal.App. 556. Public Contract Code §1103 defines "responsible bidder" as "a
bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and
experience to satisfactorily perform the public works contract. This definition says nothing about
"unbalanced" bids.
May 6, 2021 Regular Board Meeting Agenda Packet- Page 178 of 239
Page 64 of 64
Project: District Project#7375 April 28,2021
Contractor Staging Improvements
In evaluating the responsibility of a bidder, the public agency will take into account numerous
factors, including, for example, the financial capabilities of the bidder, the bidder's experience, and
familiarity with the type of work of the project, the bidder's work on previous projects, and the bidder's
resources and facilities. City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court
(1972)7 Ca1.3d 861.
The "responsibility" of each individual bidder must be evaluated independently. That is, in
determining the "lowest responsible bidder," there is no basis for the awarding authority to apply a concept
of relative superiority of the bidders' responsibility. However, this is what the staff recommendation
does...YOU.are declaring McGuire&Hester to be more responsible because their bid is less"unbalanced."
If the Board ultimately accepts staff's recommendation, Carone will not be filing a bid protest,
because it will not need to. Instead, we will file an injunction to halt the project, and file a writ of
administrative mandamus—essentially a review of the Board's decision and the basis for declaring the bid
non-responsive. In these hearings, the letter the staff referred to would be inadmissible under the parole
evidence rule.
We again request that staff change its recommendation to rebidding the entire project.
As this is no longer a bid protest issue, we expect that this letter will NOT be shared with McGuire
&Hester.
Sincerely,
Carone& Company,Inc.
e;�Vs
4e(
Lloyd Carone
President
May 6, 2021 Regular Board Meeting Agenda Packet- Page 179 of 239