Agenda Item   



                                                                                                                        ASR Control  08-002188




legal entity taking action:

Board of Supervisors

board of supervisors district(s):


SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Bill Grey (714) 567-6526 



Dori Malloy (714) 834-4114



Subject:  Award of Hall of Administration Security Egress Contract


      ceo Concur

County Counsel Review

Clerk of the Board



Consent Calendar



3 Votes Board Majority




    Budgeted: Yes

Current Year Cost: $326,840

Annual Cost: N/A




    Staffing Impact: No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

    Funding Source: Fund 036 General Fund: 100%


    Prior Board Action: September 16, 2008






Find the actions are Categorically Exempt (Class1) from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines.



Deny the bid protest of Thomco Construction, Inc.



Accept bid and award construction contract for the Hall of Administration 5th Floor Security and Access Project to CopperTop Enterprises, Inc. in the amount of $326,840.



Authorize the Chairman of the Board to execute contract after the required bonds and certificates of insurance have been submitted and approved by Risk Management and County Counsel.



Authorize return of bid guarantees to all bidders upon execution of contract.







Award of the contract (100-036-P929-4200) to CopperTop Enterprises, Inc. in the amount of $326,840 will provide the public with open access to the emergency exit stairwells and support compliance with the Santa Ana Fire Department Inspection Report.






On September 16, 2008, your Board approved the plans and specifications and authorized advertising the Hall of Administration (HOA) Security and Access Project to implement a permanent solution for providing better egress access, security, and space utilization of the 5th floor lobby.  This project is in response to a Santa Ana Fire Department Inspection Report that was issued in January 2007.  Compliance has been achieved on an interim basis through temporary changes to access routes.


The permanent solution developed by Wayne Siu Architects provides the remodel of the doors, partitions, and receptionist area in the lobby.  The project will provide the public with unrestricted access to the emergency stairwell exits on each side of the lobby.  The controlled access security doors and reception desk will be relocated to provide safer public access.  The remodel work will be conducted during non-business hours.  The estimated project cost was $455,000.


On October 22, 2008, the following six (6) bids were received for this project ranging from $326,840 to $515,000 (Exhibit A), the Engineer's Estimate is also included.





Coppertop Enterprises, Inc.



Thomco Construction, Inc.


Engineer's Estimate


Horizons Construction Co. International, Inc.


Collins Builders, Inc.


JRH Construction Company, Inc.


Creative Home dba CHI Construction



CopperTop Enterprises, Inc. submitted the lowest responsive bid of $326,840. OC Facilities staff reviewed the lowest bidder’s proposal and determined that CopperTop Enterprise, Inc. fulfilled the requirements for listing sub-contractor as required by the Public Code (Exhibit C).  In addition, OC Facilities consulted with County Counsel and determined that the failure of the notary to sign the notarization affidavit is a minor, waivable defect (Exhibit C).  Therefore, OC Facilities and County Counsel recommends waving the error and accepting the low bid.  The construction record of CopperTop Enterprises, Inc. has been reviewed and found satisfactory.


On October 24, 2008, OC Facilities received a letter from Thomco Construction, Inc. (Exhibit B) (the second lowest bidder) claiming that the apparent low bidder failed to properly list subcontractors for the required sub-trades and that the non-collusion affidavit was not signed by the notary public.  Therefore, CopperTop Enterprise, Inc. should be disqualified.


Compliance with CEQA: On September 16, 2008 your Board found that the subject project is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301of the CEQA guidelines.














Exhibit A - Bid Recap Sheet
Exhibit B - Protest Letter
Exhibit C - OC Facilities' Response Letter