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AGENDA ITEM BACKGROUND
TO:
GOVERNING BOARD
DATE
FROM: PRESIDENT
September 17, 2012
SUBJECT:
Award of Bid: Bldg. 800 Remodel Hazmat Abatement Project
REASON FOR BOARD CONSIDERATION
ENCLOSURE(S)
ITEM NUMBER
ACTION
Page 1 of 2
C.7
BACKGROUND:
In the spring of 2012, a study was conducted in order to identify hazardous materials within the 800
building envelope associated with the 800 Building Renovation Project. This study also provided plans
and specifications that were used to bid the required corrective work. The advertised Engineer’s estimate
for this project was $225,000, not including the demolition. The total abatement project budget is
$300,000.
Bid proposals were received by the Purchasing Department on September 13, 2012. There were seven
bidders. Bid Results:
Contractor
Coastwide Environmental Tech. Inc.
Tradestaff Contracting Services
Janus Corporation
RB Construction, Inc.
West Coast Environmental
Performance Abatement Services
Bayview Environmental Services
Address
201 Walker St.,
Watsonville CA 95076
Rt 2 Box 347
La Honda, CA 94020
1081 Shary Circle
Concord, CA 94518-2407
893 Boggs Terrace
Freemont, CA 94539
3181 Fitzgerald Rd.
Rancho Cordova, CA 95742
999 Canal Blvd, Suite B
Richmond, CA 94804
6925 San Leandro St.
Oakland, CA 94621
Base Bid
$149,850
$165,000
$178,599
$259,900
$279,950
$297,950
$322,375
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FISCAL IMPACT: $149,850 Measure D funds.
RECOMMENDATION:
It is recommended that the Governing Board conditionally award the bid to the qualified low bidder, Coastwide
Environmental Tech. Inc., pending staff and counsel confirmation that the current Bid Protest is denied. Should the
Bid Protest be upheld, staff recommends that the Governing Board, by way of this action item, authorize The Vice
President of Administrative Services to award the bid to the next lowest fully responsive and qualified bidder.
Administrator Initiating Item:
Michael Robins
Victoria Lewis
Academic and Professional Matter
If yes, Faculty Senate Agreement
Senate President Signature
 Yes  No
 Yes  No
Final Disposition
Approved
The lowest responsive bid proposal received by the District is from Coastwide Environmental Tech. Inc.
A bid protest was received today, September 17, 2012, from James Morris President of Tradestaff
Contracting Services, the second lowest bidder above. The basis of the protest is that the bidder does not
have proper certification and licensure to transport hazardous waste, and therefore a subcontract must be
planned, and yet no sub-contractors were listed. In addition, the protest states that since it is estimated that
the transport of waste is estimated to be more than one half of 1% of this project, such proposed
subcontractors must have a valid contractor’s license in the appropriate classification. The protest further
states that such sub-contractors must be listed, “otherwise the owner or any other public agency would
have no ability to track the hauler’s compliance with prevailing wage laws.”
District Counsel has advised us to ask the Board to authorize this Award of Bid to Coastwide
Environmental Tech, Inc. contingent on staff and counsel concluding that the pending Bid Protest is to be
denied. If the Bid Protest is not denied, then this requested Board action would authorize staff to award
this bid to the next lowest bid from a fully responsive and qualified bidder.
Counsel has issued a preliminary analysis stating that the Bid Protest should be denied because
1) the subcontractor listing law only requires listing of subcontractors licensed by the CSLB,
2) transporting of hazardous materials is not subject to oversight and licensing by the California State
License Board; licensing of hazardous waste haulers is within the jurisdiction of the California
Department of Toxic Substances Control and therefore Coastwide Environmental Tech, Inc. is not
required by the Subcontractor Listing law to list its hazardous waste hauler, and
3) payment of prevailing wages, if applicable, is a performance issue that cannot be the basis for a bid
protest (which is limited to whether or not the bid submitted is responsive to bidding requirements or
whether the bidder is a “responsible” bidder).
During performance of the Work, District staff intends to ensure that the successful bidder complies with
all applicable regulatory requirements relating to DTSC licensing of the waste hauler and its payment of
prevailing wages, if applicable.
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