1995-33232-Resolution No. 95-126 Recorded 9/21/1995t
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95-33232
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
REVIEWED
LE COUNSEL
COUNTY, OREGON
ACTING AS THE GOVERNING BODY FOR THE
REDMOND LIBRARY COUNTY SERVICE DISTRICT
A Resolution Rejecting the Bid * 0148-0009
of Danco Builders for the Deschutes * %.,o
County Library, Redmond Branch.
RESOLUTION NO. 95-126
WHEREAS, on September 15, 1995, bids for the Deschu�d5unty
Library, Redmond Branch, were opened and read; and
.c
WHEREAS, two bids were received, one from Danco Buildersand one
from Kirby Nagelhout Construction; and
WHEREAS, the bid for Danco Builders was in the amount of
$1,495,049 and the bid for Kirby Nagelhout Construction was for
$1,545,000 as set forth on the bid opening tabulation form attached
hereto as Exhibit A; and
WHEREAS, the bid for Danco Builders did not bid unit prices for
workstations set forth in Section 300-2 and bid "no bid" for
Alternative No. 4, Energy Management Control System, on the same page;
and
WHEREAS, Danco Builders is not a registered assumed business name
in the State of Oregon and at the time the bid was submitted, neither
Danco Builders or Dan J. Johnson were registered with the Oregon
Construction Contractors Board; and
WHEREAS, the base bid for the bid for Danco Builders was not
written out in dollars and was blank. The bid amount in numbers was
amended by interlineation without the initials of the person submitting
the bid; and
WHEREAS, the bid specifications provide in part on Section 100-2
that all blanks on the bid form shall by filled in by typewriter or
manually in ink, and further provides that any interlineation,
alteration or erasure must be initialled by the signer of the bid and
that all alternatives shall be bid, and if no change in the base bid
price amount is made for an alternative bid, the words "no change" were
to be entered; and
WHEREAS, the County received through the architect a copy of an
application for an Oregon Construction Contractors Board license in the
name of Dan J. Johnson that was pending on the date of the bid opening;
and
1 - RESOLUTION NO. 95-126 (9-20-95)
1995 ,,� .
WHEREAS, in accordance with ORS 279.025(2)(i) and Deschutes County
Code 4.04.130, the Invitation to Bid provided:
Redmond Library County Service District reserves the
right to reject any and all bids not in compliance with all
prescribed public bidding procedures and Invitation to Bid
requirements . . . ;
and
WHEREAS, OAR 137-30-008, Eligibility to Bid or Propose on
Construction Contracts, provides:
A person shall not submit a bid or proposal to do work
as a construction "contractor," as defined in ORS 701.005 (2) ,
unless that person is first registered with the Construction
Contractors Board or licensed by the State Landscape
Contractors Board. Bids or proposals received from persons
who fail to comply with this requirement shall be deemed
nonresponsive and be rejected, unless contrary to federal
law.
and
WHEREAS, OAR 137-30-090(1), Bid and Proposal Evaluation and Award,
provides in part:
The contract, if awarded, is to be awarded to the
lowest, responsive and responsible bidder . . . ;
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The bid of Danco Builders is rejected as not
responsive because neither Danco Builders or Dan J. Johnson was a
registered contractor with the Oregon Construction Contractors Board at
the time the Deschutes County Library, Redmond Branch, bid was
submitted, the bid fails to bid unit prices and Alternative No. 4,
blanks were left unfilled and the bid price was not changed or amended
as provided by the bid documents. For these reasons, the bid of Danco
Builders is hereby rejected.
Section 2. This decision may be appealed by filing notice of
appeal with the Board of County Commissioners acting as the governing
body of the Redmond Library County Service District, 1130 NW Harriman,
2 - RESOLUTION NO. 95-126 (9-20-95)
46
0148'0011
Bend, Oregon 97701, within three (3) business days of receiving this
determination. Appeals are conducted pursuant to ORS 279.045.
DATED this 20th day of September, 1995.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF THE REDMOND LIBRARY
COUNTY SERVICE DISTRICT
ATTEST:
Recording Secretary
3 - RESOLUTION NO. 95-126 (9-20-95)
H . SWGHT , /Chairman
ILANGEN, Commissioner
J�`
24 T L. NIPPER, Co ssioner
September 20, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dan J. Johnson
Danco Builders
5251 Ericson Way
Arcata, California 95521
n r CIA
Board of Commissioners
1130 N.W. Harriman, Bend, Oregon 97701
(503) 388-6570 • Fax (503) 388-4752
Re: Deschutes County Library, Redmond Branch
Bid of Danco Builders
Nancy Pope Schlangen
Barry H. Slaughter
Robert L. Nipper
Enclosed is the determination of the Board of County Commissioners
acting as the governing body for the Redmond Library County Service
District rejecting the bid of Danco Builders because the bid was
not responsive. Any appeal of this action must be taken within
three (3) business days of receipt of the decision.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
VqhlGl
Ba y Slaugghter, Chairman
Nang Po a -S langen, Commissioner
R ert L. Nipper, Co issioner
BOCC\RLI:bw
Enclosure(s)
c: Jim Barrett
Ralph Delamarter
Quality Services Performed with Pride