HomeMy WebLinkAbout15 AWARD OF CONTRACT FOR THE CONSTRUCTION OF CIVIC CENTER ALTERNATE POWER SOURCE PROJECT (CIP No. 10DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
AGENDA REPORTAgenda
Reeweld: tem 15
05 DReviewed:
City Manager ra5
Finance Director �K
MEETING DATE: JUNE 18, 2024
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: MICHAEL GRISSO, ACTING DIRECTOR OF PUBLIC WORKS
SUBJECT: AWARD OF CONTRACT FOR THE CONSTRUCTION OF CIVIC CENTER
ALTERNATE POWER SOURCE PROJECT (CIP No. 10069)
SUMMARY
Bids for the Civic Center Alternate Power Source Project (CIP No. 10069) have been received and a
construction contract is ready to be awarded to the lowest responsive/responsible bidder, R213
Engineering ("R21B").
RECOMMENDATION
It is recommended that the City Council:
1. Deny the bid protest submitted by M.S. Construction Management Group ("MSCMG") as to R213;
2. Deny the bid protest submitted by Woodcliff Corporation ("Woodcliff') as to R213;
3. Award the construction contract to R2B, the lowest responsive/responsible bidder, in the amount
of $3,892,440, and authorize the Mayor and the City Clerk to execute the contract documents
on behalf of the City.
FISCAL IMPACT
Sufficient funds in the amount of $4,431,932 have been appropriated in the FY 2023/24 budget for the
construction of this project. A portion of this funding was sponsored by Senator Min and made available
through an appropriation of $1.5M in the FY 22/23 California State Budget.
Project expenditures include:
• Construction Contract................................................................................. $3,892,440
• Construction Management............................................................................... $70,000
• Architectural Support Quality Assurance/Quality Control ................................. $46,940
• Deputy Inspection and Materials Testing........................................................ $10,000
• Estimated Expenditures........................................................................... $4,034,380
The remaining budgetary appropriation will be set aside as project contingency for potential
unforeseen conditions that may arise necessary to complete the work within the approved project
scope and budget.
CORRELATION TO THE STRATEGIC PLAN
Civic Center Alternate Power Source Project contributes to the fulfillment of the City's Strategic Plan
Goal B: Public Safety and Protection of Assets, Strategy 5; Create and implement a plan to protect
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Award Contract for Civic Center Alternate Power Source, CIP 10069
June 18, 2024
Page 2
the City's public assets. Specifically, the project implementation of Strategy 5a, which among other
items, is for the improvement of public facilities.
BACKGROUND
The City Council adopted Resolution No. 24-17 approving the plans, specifications and
authorized/directed the City Clerk to advertise for bids on March 5, 2024.
In the event of a power outage, the existing generator does not have the electrical capacity to meet
the needs of the entire Civic Center. Approximately 70% of Police Department and 10% of City Hall
are energized with the existing generator during a power outage. The new generator has been
designed to handle the entire electrical load of the Civic Center complex, which includes the Police
Department, City Hall, Clifton C. Miller Community Center and Council Chamber.
The project scope of work consists of removing the existing 250 kW unit, the installation of a new 563
kW emergency generator, construction of a new generator building in the back of City Hall and
site security improvements to the parking structure, among other incidental work required to
complete the project in accordance with the contract documents.
Formal bids were opened on April 16, 2024.
follows:
• R213 Engineering .................................
• M.S. Construction Management Group
• Woodcliff Corporation ..........................
Three (3) bids were received and are summarized as
................................................... $ 3,8927440
.................................................. $ 3,968,000
................................................... $ 4,355,000
References, the State Contractor's State License Board and registration with the Department of
Industrial Relations for R213 have been verified and found to be in good standing.
Protests to R213's Bid
The City received two formal bid protests to R213's bid: one dated April 17, 2024, from MSCMG, the
apparent second lowest bidder, and one dated April 19, 2024, from Woodcliff, the apparent third
lowest bidder.' In the protests, MSCMG and Woodcliff requested that the City find the apparent lowest
bidder, R213, non -responsive. Staff provided R213 with an opportunity to respond to the issues raised
in the bid protests and R213 has provided a response. Staff, along with the City Attorney's Office,
have reviewed the issues raised in the protests as to R213's bid and determined that the protests are
without merit. The issues raised in the bid protests are discussed below.
MSCMG Bid Protest
MSCMG contends that R2B failed to list subcontractors for certain areas of work, and that R28 is not
qualified or licensed to perform these areas of work.
MSCMG contends that R213 failed to list subcontractors for the following areas of work which,
according to MSCMG, are specialty work items in excess of one-half of one percent of R213's total
bid.
' Woodcliff s bid protest also addressed the bid of MSCMG, the apparent second lowest bidder. As staff is
recommending that the City Council deny both bid protests as to R213, Woodcliff s bid protest as to MSCMG is not
relevant to the recommended action and thus is not discussed in this report.
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Award Contract for Civic Center Alternate Power Source, CIP 10069
June 18, 2024
Page 3
o Structural Steel Framing (Section 051200)
o Metal Fabrication (Section 055000)
o Metal Stairs (055100)
o Metal Handrail and Railings (Section 055210)
o Metal Roofing (Section 074113)
o PVC Roofing (Section 075419)
o Mechanical (Section 150100)
MSCMG contends that the areas of work listed above require specialty contractor's licenses —
specifically, C-51 (Structural Steel Contractor), C-39 (Roofing Contractor), and C-20 (Warm -Air
Heating, Ventilating and Air -Conditioning Contractor).
Public Contract Code section 4104(a)(1) provides that an entity taking bids for a public works project
shall state in the specifications that bidders shall list subcontractors who are to perform work in excess
of one-half of one percent of the total bid. In compliance with this requirement, section 10 of the
Instructions to Bidders provides that bidders are to list "each subcontractor who will perform work or
labor or render services for the Contractor in an amount in excess of one-half of one percent of the
Contractor's total bid." Public Contract Code section 4106 provides that by not listing a subcontractor
for an item of work in excess of one-half of one percent of the total bid, a prime contractor agrees that
it is fully qualified to perform that portion of work itself, and that it will self -perform that portion of the
work.
Section 3 of the Notice Inviting Sealed Bids ("NIB") provides that the general contractor for the project
is required to have a Class A contractor's license. The NIB does not require any specialty contractor's
licenses.
R213 holds Class A (General Engineering) and Class B (General Building) licenses. A general building
contractor (Class B) can enter into a prime contract for two or more separate and unrelated trades
and self -perform the work so long as the work to be self -performed does not include C-16 (Fire
Protection) or C-57 (Well -Drilling) work (assuming the general building contractor does not also hold
C-16 or C-57 licenses). (Business & Professions Code section 7057(b), (c).) As this project includes
more than two separate and unrelated trades and does not include fire protection or well -drilling work,
R213, as a general building contractor, can self -perform any work on the project for which a
subcontractor is not listed. Nothing in the bid documents prohibits R213 from self -performing any of
the listed areas of work for which a subcontractor is not listed. R213 did not list subcontractors for the
areas of work listed above and thus has agreed pursuant to Public Contract Code 4106 that for any
item of work in excess of one-half of one percent of the total bid, it is qualified to perform the work
and that it well self -perform such work
R213 has indicated that the estimated cost for the HVAC system installation is less than one-half of
one percent of R2B's total bid. Accordingly, to the extent R213 intends to use a subcontractor for the
HVAC system installation, they were not required to list a subcontractor for this work.
Woodcliff Bid Protest
Woodcliff contends that R2B failed to list a roofing subcontractor, and that if R2B intends to self -
perform this work and is not authorized by the roofing manufacturer, R2B's bid should be considered
non -responsive. Technical Specifications Section 075419 1.05 (Quality Assurance) provides that the
installer of the mechanically attached PVC roofing is to be authorized by the manufacturer. Woodcliff
contends that R2B's bid is non -responsive to the extent that R2B is not authorized by the roofing
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Award Contract for Civic Center Alternate Power Source, CIP 10069
June 18, 2024
Page 4
manufacturer because R21B failed to list a roofing subcontractor and thus agreed to perform the
roofing work itself.
R213 has indicated that it has committed to using a roofing installer certified by the manufacturer to
ensure compliance with the project specifications and manufacturer guidelines. R213 has further
indicated that the cost associated with the PVC roof installation does not exceed one-half of one
percent of R21B's bid. In support of its response, R21B has provided a proposal from Chapman Coast
Roof Co., Inc. ("Chapman"), to mechanically attach the PVC roofing for the lump sum total of
$18,600.00. As $18,600.00 is less than one-half of one percent of R21B's total bid ($3,892,440), R21B
was not required to list Chapman as a subcontractor in R21B's bid.
R213 has further indicated that Chapman is certified by the roofing manufacturer to install the roofing.
Chapman's proposal refers to Carlisle, a manufacturer of one of the substitute roofing products (Sure -
Weld Membrane). Carlisle's website identifies Chapman as an authorized applicator. The
information above is a summary of the bid protests and the City's response. The bid protests and the
formal responses from the City have been included as attachments to this report.
Staff is recommending that the City Council deny the bid protests submitted by MSCMG and
Woodcliff as to R213's bid and award the construction contract for the Civic Center Alternate Power
Source Project (CIP No. 10069), to the lowest responsive/responsible bidder, R213 Engineering,
and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City.
Michael Grisso
Acting Director of Public Works
Attachment(s):
1. M.S. Construction Management Group bid protest letter, dated April 17, 2024
2. Woodcliff Corporation bid protest letter, dated April 19, 2024
3. R21B Engineering's response to bid protest letters, dated May 6, 2024
4. City's responses to bid protests
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221FO
ATTACHMENT 1
M.S. Construction Management Group bid protest letter,
dated April 17, 2024
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
M.S. Construction Mgmnt. Group
General Engineering Contractors
April 17, 2024
Mr. Michael Grisso
Director of Public works
City of Tustin
Department of Public works
300 Centennial Way
Tustin, CA 92780
License # 721738
Commercial. Residential
VIA E-MAIL:
enzineerinz Atustinemom
Re: PROJECT: CIVIC CENTER ALTERNATE POWER SOURCE PROJECT
CIP NO. 10069
BID DATE: 4/16/2024 at 10:00 AM
Dear Mr. Grisso,
M.S. Construction Management Group (hereafter referred to as "MSCMG") has just reviewed the submitted bid
proposal of the apparent low bidder "R2B Engineering" (hereafter referred to as "RB2") for the above captioned project,
and hereby, inform you that MSCMG is formally protesting the submitted bid by the above -mentioned contractor for the
following reason:
Under Public Contract Code section 4104 and as explained by the City's Designation of Subcontractors form
("Form"), "if a contractor fails to specify a subcontractor or if the Contractor specifies more than one subcontractor
for the same portion of work to be performed under the contract in excess of one-half of one percent of the
Contractor's total bid, he agrees that he/she is fully qualified to perform that portion himself/herself, and
that he/she shall perform that portion himself/herself." These expectations are consistent with the purpose
and intent of California's subcontractor listing laws, namely, to prohibit bid shopping and unfair bidding
advantages:
1. "RB2" failed to list subcontractors for the following Tasks which are considered as specialty work items valued
in excess of one-half of one percent (0.5%) of the total of "RB2's" Bid amount:
A) Structural Steel Framing (Section 051200) - Requires Contractor's License ClassC-51.
Furthermore, according to items C& D under item number 1.05 (Quality assurance) of Section 051200, both
the fabricator and erector should be a company specializing in performing the work of this section with a
record of successful in-service performance.
B) Metal Fabrication (Section 055000) which includes fabrication and installation of exterior guard
rails/fence and gates. Requires Contractor's License Class C-51.
C) Metal Stairs which include fabrication and installation of Metal Stairs (Section 055100) - Requires
Contractor's License Class C-51.
D) Metal handrail and railings (Section 055210) - Requires Contractor's License Class C-51.
32565B Golden Lantern #475 - Dana Point, Ca. 92629 - Tel. (949)270-6349 - Fax (949)272-0068
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221FO
Page 2
E) Metal Roofing (Section 074113)- Requires Contractor's License Class C-39
F) PVC Roofing (Section 075419)- Requires Contractor's License Class C-39
Furthermore, according to item A (Installer qualifications) under item number 1.05 (Quality assurance) of
Section 075419, the Roofing contractor should be authorized by the manufacturer.
G) Mechanical (Section 150100)- Requires Contractor's License Class C-20
Based on the above provided information, "RB2" did not list any subcontractor for the trades indicated in items
IA through 1G above, in which each item of work is valued in excess of one-half of one percent (0.5%) of the total of
"RB2's" Bid amount. Furthermore, "RB2" is neither licensed, nor has the required qualifications as set forth in the
project Specifications to self -perform the above indicated work. Therefore, MSCMG formally protests any intended or
actual award of this contract to "RB2" and asks the City of Tustin to consider "RB2" bid proposal as non -responsive.
If you have any questions, please do not hesitate to contact me at (951)712-2465 at your convenience.
Sincerely,
Mike Saghafi
President
M.S. Construction Mgmnt. Group
CC. File
32565B Golden Lantern #475 - Dana Point, Ca. 92629 - Tel. (949)270-6349 - Fax (949)272-0068
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221FO
ATTACHMENT 2
Woodcliff Corporation bid protest letter, dated April 19, 2024
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
WOODCLIFF CORPORATION
GENERAL CONTRACTORS 11835 W Olympic Blvd 825E
Los Angeles, CA 90064
TEL (310) 312-1400
FAX (310) 312-1403
COPY BY CERTIFIED MAIL
April 19, 2024
Jason Churchill, Field Services Manager
[Ichurchill(a�tustinca.orgj
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: C I P 10069
Civic Center Alternate Power Source Project
Bid Protest by Woodcliff Corporation
Dear Mr. Churchill:
Pursuant to INSTRUCTIONS TO BIDDERS, ¶20. Bid Protest, please consider this letter
from Woodcliff Corporation [WOODCLIFF] to protest the award of the reference
contract to R213 Engineering [R2B] and M.S. Construction Management Group
[MSC].
The bid submitted by R213 was non -responsive to the invitation to bids
as demonstrated by the following:
R213 failed to list a Roofing subcontractor. Roofing cost is greater than 1/2 of 1 % of
the total bid. By not listing a subcontractor, R213 intends to perform the work using
its own forces. However, specification section 075419 1.05 requires the roofing
contractor to be authorized by the manufacturer. Should this requirement not be
met by R2B, then their bid should be considered non -responsive. Should R213
decide to subcontract this work to an authorized subcontractor after the bid, their
failure to list at bid time renders their bid non -responsive as well as it affords them
an unfair advantage of bid shopping.
The bid submitted by MSC was non -responsive to the invitation to bids
as demonstrated by the following:
MSC failed to list a Wheelchair Lift subcontractor. The Wheelchair Lift cost is
greater than '/2 of 1 % of the total bid. By not listing a subcontractor, MSC intends
to perform the work using its own forces. However, specification section 144216
11835 W OLYMPIC BLVD., SUITE 825, LOS ANGELES, CA 90064 LIC. NO. 719883
TEL (310) 312-1400 EQUAL OPPORTUNITY EMPLOYER FAX (310) 312-1403
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
WOODCLIFF CORPORATION
GENERAL CONTRACTORS 11835 W Olympic Blvd 825E
Los Angeles, CA 90064
TEL (310) 312-1400
FAX (310) 312-1403
1.05 requires the wheelchair lift installer to be authorized by the manufacturer.
Should this requirement not be met by MSC, then their bid should be considered
non -responsive. Should MSC decide to subcontract this work to an authorized
subcontractor after the bid, their failure to list at bid time renders their bid non-
responsive as well as it affords them an unfair advantage of bid shopping.
Bid shopping is the use of the low bid already received by
the general contractor to pressure other subcontractors into
submitting even lower bids. Bid peddling ... is an attempt by
a subcontractor to undercut known bids already submitted
to the general contractor in order to procure the job."
(Citations omitted.) These practices often result in financial
difficulties for subcontractors and poor workmanship...."
(Citations omitted.) E.F. Brady Company, Inc. v. M.H.
Golden Company (1997) 58 Cal.AppAth 182, 189-190.
History demonstrates that government procurement activities are highly
susceptible to corruption and waste. Procurement has repeatedly been
the source of personal aggrandizement by government officials and
favoritism to their buddies — all at the expense of taxpayers and other
bidders. The remedy for this corruption and waste has been tight
regulation of the public entity procurement process. The purposes of that
regulation were reiterated in Domar Electric, Inc. v. City of Los Angeles
(1994) 9 C4th 161, 173:
[T]he purposes of competitive bidding ... are "to guard
against favoritism, improvidence, extravagance, fraud and
corruption; to prevent the waste of public funds; and to
obtain the best economic result for the public" [citations] and
to stimulate advantageous market place competition
[citation].
See also Pub. Cont. Code § 100. Domar also reiterated, at 9 C4th 175-
76:
[T]he general rule that bidding requirements must be strictly
adhered to in order to avoid the potential for abuse in the
competitive bidding process. (Konica Business Machines
11835 W OLYMPIC BLVD., SUITE 825, LOS ANGELES, CA 90064 LIC. NO. 719883
TEL (310) 312-1400 EQUAL OPPORTUNITY EMPLOYER FAX (310) 312-1403
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
WOODCLIFF CORPORATION
GENERAL CONTRACTORS 11835 W Olympic Blvd 825E
Los Angeles, CA 90064
TEL (310) 312-1400
FAX (310) 312-1403
U. S.A. v. Regents of University of California (1988) 206
CAM 449, 456, 253 CR 591 [strict adherence with bidding
requirements is applied "[even where] it is certain there was
in fact no corruption or adverse effect upon the bidding
process, and even where deviations would save the
[public] entity money"].)
(emphasis added)
Thus, competitive is "made to be prophylactic. No proof of actual
"corruption or adverse effect upon the bidding process" is required. Only
"the potential for abuse" needs to appear.
It is for these reasons that the R213'S AND MSC's bids must be rejected.
WOODCLIFF is the lowest responsive, responsible bidder and should be
awarded this contract.
Very Truly Yours,
Mohamad Ta rrizi
President
cc: Cheyenne Verduzco jcverdL¢co(a)tustinca.orol
Ken Nishikawa fknishikawa(a)tustinca.orol
Erica Yasuda feyasuda(LNustinca.orgl
11835 W OLYMPIC BLVD., SUITE 825, LOS ANGELES, CA 90064 LIC. NO. 719883
TEL (310) 312-1400 EQUAL OPPORTUNITY EMPLOYER FAX (310) 312-1403
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221FO
ATTACHMENT 3
R26 Engineering's response to bid protest letters, dated
May 6, 2024
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
T WI -BUILD
"
3 �< 23441 S. Pointe Dr.,
BULD Suite 280, Laguna Hills, CA, 92653
F o., y2-Hudd, Safe and Sfmng Tel: 1-949-466-5543
Jason Churchill, Field Services Manager
G ch u rch i l l @t u sti n ca. org]
City of Tustin
300 Centennial Way
Tustin, CA 92780
t 1�
Subject: Response to Bid Protests for Civic Center Alternate Power Source Project (CIP No. 10069)
Dear Mr. Churchill,
This letter is in response to the bid protests submitted by M.S. Construction Management Group
and Woodcliff Corporation regarding our submission for the Civic Center Alternate Power Source Project.
We appreciate the opportunity to address these concerns and clarify the compliance of our bid with the
project's requirements and the Public Contract Code.
1. Licensing and Self -Performance Capability:
Our company holds class A and class B licenses in California, enabling us to undertake general
engineering and general building projects, respectively. These licenses affirm our capability to perform
significant portions of the construction work, including structural steel framing, metal fabrication, and
mechanical works integral to the project. The scope of class A and class B licenses encompasses the
comprehensive management and execution of building construction, fully covering the specialties
mentioned in the protests. Nothing in the Bid Specifications prohibits R2Build from self -performing this
work, as intimated in the protest letters. As such, the City should award the Project to us as the lowest
responsive and responsible bidder.
2. Roofing and PVC Installation Specifics:
Regarding the installation of PVC roofing systems as outlined in Section 075419 of the "DIVISION
7 -- THERMAL AND MOISTURE PROTECTION," our bid strictly adheres to the specified requirements. The
installation process will be conducted according to the specifications and drawings approved by the
roofing membrane manufacturer. We have committed to using an installer certified by the manufacturer,
ensuring full compliance with the project's specifications and manufacturer's guidelines. Additionally, the
costs associated with the PVC roof installation do not exceed 0.5% of the total bid value as indicated in
provided price proposal by manufacturer's Certified roof installer (Chapman Cost Roof Company Inc) (See
Exhibit A). Accordingly, we were not required to list a subcontractor for this task. This approach not only
meets the bidding requirements but also reduces administrative overhead, offering a cost-effective
solution for the City of Tustin.
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
R2BUILD
23441 S. Pointe Dr.,
8UILD Suite 280, Laguna Hills, CA, 92653
Tel: 1-949-466-5543
Additional Information on HVAC System Pricing:
For the HVAC system installation, including materials such as the Belt Drive Centrifugal inline fan,
BS4-200, and accessories like FGR, Horizontal mount Exhaust Damper (WD-100), GPI, Roof curb, and Line
Voltage T-Stat, the total material costs amount to $6,204.90. The estimated cost for the installation of this
portion of the work, including hoods, remains below 0.5% of our total bid value. This substantiates our
position that listing a subcontractor for this portion of the work was not required, maintaining our
adherence to the project's listing requirements and emphasizing our commitment to cost efficiency.
We believe that our responses adequately address the issues raised in the protests and
demonstrate our strict adherence to the bidding rules and regulations. Our proposal aims to provide
transparency, efficiency, and value to the City of Tustin while ensuring that all project specifications and
legal standards are met.
We are confident that our bid remains the best option for the successful completion of the Civic
Center Alternate Power Source Project and respectfully request that the City of Tustin proceed with the
award based on the merits and compliance of our bid. Should you require further details or clarification
on any points, please feel free to contact us at your convenience.
Thank you for considering our response, and we look forward to the opportunity to contribute to
this important project.
Sincerely,
Khalil Sarwari
Vice President
info@r2-build.com
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
R2BUILD
23441 S. Pointe Dr.,
BUILD Suite 280, Laguna Hills, CA, 92653
Rel2-Build, Safe and Strong Tel: 1-949-466-5543
Exhibit A: PVC Roofing Installation Price Proposal less than 0.5%
CHAPMANCQAST-
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ROOFING PROPOSAL
Monday April 15, 2024
REVISION(S)
CONTRACTOR? OWNER:
CONTACT PERSON:
ESTIMATING DEPARTMENT
PHONE NUMBER:
EIWL
PROJECT NAME:
CITY OF TBSTIN
f 07 54 13 POLYWNYL-CHLORIDE(PVC)MEMBRAHE ROORNG
2 ALL PRODUCTS NECESSARY TO CONPLETEALL WORK.
3 LOCAL STATE AND CITY TAXES INCLUDES.
/ ALL LABOR CONSISTENT WRH STATE AND LOCAL PREVAILING WAGES.
S ALL DEBRIS REMOVED WILL BE PROPERLY DISPOSED A 7 THE NEAREST STA TE CONTROLLED LAND FILL.
h TOTAL AND COMPLETE CLEAR -UP OFALL AREAS AFFECTED BY CHAPMAN COAST ROOF.
7 ALL TRUCKS AND VEHICLES ON SITE WILL BE PROPERL Y INSURED AND TAGGED -
a ALL PERSONFLL ARE ACTIVE MEMBERS OF LOCAL UMON{S) MAND 229
9 CHAPMAN COAST WILL SUM YAND MAINTAINA 2-YE4R CONTRACTORS WARRANTY.
f0 CARLISLE WILL SUPPLY AI0YEAR WARRANTY
UNION CONTRACTOR: YES BpIrEDc Y6S MBE: NO AND DVBE: NO
111I1k NO PIP BONDS NEEDED? ADD 1.5%
BASE BID:
SECTION
AREA:
DESCRIPTION
Sq.FT.
SQ.FT. S:
PRODUCT:
BID AMOU NTISj
Oi 54-00
MECH ATTACH SOMIL WHITE PVC MEMBRANE
rarids
S19.600.00
Su 0D
LUIIIIIP SM T"AL1
$16,600A0
ALTERNATES 1 VALUE ENGINEERING:
ALTS: AREA
DESCRIPTION
8$FT.
SQFT.R
PROOLCT
BIDAMOUNT(S)
1
2
PER. PLANS AND SPECS: YES ADDENDAS: 0 1 RFPS DIUf. 1 W0007130 DAYS
BID QUALIFICATIONS! EXCLUSIONS: I THE FOLLOWING ITEMS jS PEG IFICALLYI ARE NOT INCLUDED IN OUR PRICE:
OVERTIME, PREMIUM,TIME, BONDS, PERMITS, ALL SHEET METAL INCLUDING (BUT NOT LIMITED TO); COPINGS, COUNTERFLASHINGS, LEAD, GALVANIZED OR STAINLESS
STEEL FLASHINGS, LEAD AT THE DRAINS, GLITTERS, LEADERHEADS, DOWNSPOUTS, SKIRT METAL OR ANY OTHER METAL NOT MENTIONED ABOVE SKYLIGHTS, VANDAL
CAPS, WOOD BLOCKING OR WOOD HAILERS, RAISING OF ANY CURBS OR PLATFORMS, WOOD HAILERS OR INSULATION STOPS, WOOD SLEEPERS OR WOOD CRICKETS ALL
WOOD WORK SPECIFICALLY EXCLUDED- ALL WATERPROOFING, DECK COATINGS OR WALL COATINGS EXCLUDED- ALL MECHANICAL WORT( DUCT REPAIR, EXHAUST FANS
AND DRAIN INSTALLATION EXCLUDED- ROOF DEMOLITION, EXISTING ROOF LEAKS, INTERIAO DAMAGES, WIND OR RAIN DAMAGES OR CONTRACTOR DAMAGES TEMPORARY
ROOFING, WATER TESTING OR SAND BAGGING- STANDING SEAM METAL ROOFING (SSMRI IS EXCLUDED- ONLY ITEMS LISTED IN THE "SCOPE OF WORK' ABOVE ARE
INCLUDED.
parties to this ukomkaet expressly agree that an indemnity louse contained rilh the Contractors proposed subcontract is null and mid- In feu of that dause, the parties expressly agree
the following clause will be the operatire louse in the CNAoman slrbmnh=u agreement and CflapmOR Coed is expressly relying upon the Cantradols agreement to
use OFthe follaxitg indemnity clause as the operatire indemnity agreement when furnishing labor services, andla materials in performance of the Chapman Coast-Gonhador subcontract.
pn a Coast agrees to indemfy, defend and hold lha mless CamNactx and Owner with respect to any daims, suits, or legal action arising out of personal injury, including death, andlor
wry damage to the extent that such Claims, subs, a legal actions arise Imm gout of the Sale negligence andfor wilt l misconduct of Chapman Coast it its performance andlor materials in
perfurmanoi of the walk required by and set forth in tams of this sr6mltract. The parties agea that Chapman Coast's total amount of liability to Contractor for any indemnity, defense,
for hold harmless obligation shal be Bitted to, and not exceed, the amounts pad by the Contactor to (34wpman Coast for Chapman Coast's performance of this subcontract.
)halt products. isDryanrrate insulation, steel products and utter roofing products are sometimes sr6ject to unusual and severe price volatility and aYailai lily due to political and odw
ditions that are beyond the mntid of Chapman Coast If there is a substantial nuease in these a other roofing products between the date OFthis proposal and the time when the work is to
performed, the amount of this pmposatmntrad may he nneased to reflect the additional cost to obtain the materials, upon advance no** and sllbmi l of written docutendation to
PROPOSAL EXECUTED BY: PROPOSAL SENT BY: LED HORTA DATE: 1 illil 24
PRINT YOUR NAME HERE: DATE: Lea Horta
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
ATTACHMENT 4
City's responses to bid protests
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221FO
Department of Public Works
June 11, 2024
M.S. Construction Management Group
Mike Saghafi, President
32565B Golden Lantern #475
Dana Point, CA 92629
SUBJECT: Civic Center Alternate Power Source Project (CIP No. 10069)
Notice of Staff's Recommendation to Deny Bid Protest
Dear Mr. Saghafi;
The City of Tustin ("City") has received M.S. Construction Management Group's
("MSCMG") letter dated April 17, 2024, protesting the bid of R213 Engineering ("R213"), the
apparent lowest bidder, related to the Civic Center Alternate Power Source Project, CIP
No. 10069.
MSCMG contends that R2B failed to list subcontractors for the following areas of work
which, according to MSCMG, are specialty work items in excess of one-half of one
percent of R213's total bid.
o Structural Steel Framing (Section 051200)
o Metal Fabrication (Section 055000)
o Metal Stairs (055100)
o Metal Handrail and Railings (Section 055210)
o Metal Roofing (Section 074113)
o PVC Roofing (Section 075419)
o Mechanical (Section 150100)
MSCMG contends that the areas of work listed above require specialty contractor's
licenses — specifically, C-51 (Structural Steel Contractor), C-39 (Roofing Contractor), and
C-20 (Warm -Air Heating, Ventilating and Air -Conditioning Contractor).
Public Contract Code section 4104(a)(1) provides that an entity taking bids for a public
works project shall state in the specifications that bidders shall list subcontractors who
are to perform work in excess of one-half of one percent of the total bid. In compliance
with this requirement, section 10 of the Instructions to Bidders provides that bidders are
to list "each subcontractor who will perform work or labor or render services for the
Contractor in an amount in excess of one-half of one percent of the Contractor's total bid."
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
Notice of Staff's Recommendation to Deny Bid Protest
June 13, 2024
Page 2
Public Contract Code section 4106 provides that by not listing a subcontractor for an item
of work in excess of one-half of one percent of the total bid, a prime contractor agrees
that it is fully qualified to perform that portion of work itself, and that it will self -perform that
portion of the work.
Section 3 of the Notice Inviting Sealed Bids ("NIB") provides that the general
contractor for the project is required to have a Class A contractor's license. The NIB does
not require any specialty contractor's licenses.
R213 holds Class A (General Engineering) and Class B (General Building) licenses. A
general building contractor (Class B) can enter into a prime contract for two or more
separate and unrelated trades and self -perform the work. (Business & Professions Code
section 7057(b).) As this project includes more than two separate and unrelated trades,
R213, as a general building contractor, can self -perform any work on the project for which
a subcontractor is not listed. Nothing in the bid documents prohibits R213 from self -
performing any of the listed areas of work for which a subcontractor is not listed. R213 did
not list subcontractors for the areas of work listed above and thus has agreed, pursuant
to Public Contract Code 4106, that for any item of work in excess of one-half of one
percent of the total bid, it is qualified to perform the work and that it will self -perform such
work
R213 has also indicated that the estimated cost for the HVAC system installation is
less than one-half of one percent of R213's total bid. Accordingly, to the extent R213
intends to use a subcontractor for the HVAC system installation, they were not required
to list a subcontractor for this work.
In conclusion, City staff finds MSCMG's bid protest as to R213's bid to be without merit
and will recommend that the Tustin City Council deny MSCMG's protest as to R213's bid
and award the contract to R213 at the June 18, 2024 City Council meeting.
If you have any questions, please call me at (714) 573-3355.
Sincerely,
Jason J. Churchill
Deputy Director of Public Works Operations
cc: R213 Engineering
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
Department of Public Works
June 11, 2024
Woodcliff Corporation
Mohamad Tabrizi, President
11835 W. Olympic Blvd, Suite 825E
Los Angeles, CA 90064
SUBJECT: Civic Center Alternate Power Source Project (CIP No. 10069)
Notice of Staff's Recommendation to Deny Bid Protest
Dear Mr. Tabrizi;
The City of Tustin ("City") has received Woodcliff Corporation's ("Woodcliff") letter
dated April 19, 2024, protesting the bids of R213 Engineering ("R213"), the apparent lowest
bidder, and MSCMG, the apparent second lowest bidder, related to the Civic Center
Alternate Power Source Project, CIP No. 10069. As City staff finds Woodcliff's bid protest
to R213's bid to be without merit and will recommend that the Tustin City Council award
the contract to R213, Woodcliff's protest to MSCMG's bid is moot.
Technical Specifications Section 075419 1.05 (Quality Assurance) provides that the
installer of the mechanically attached PVC roofing is to be authorized by the
manufacturer. Woodcliff contends that R213's bid is non -responsive to the extent that R213
is not authorized by the roofing manufacturer because R213 failed to list a roofing
subcontractor and thus agreed to perform the roofing work itself.
R213 has indicated that it has committed to using a roofing installer certified by the
manufacturer to ensure compliance with the project specifications and manufacturer
guidelines. R213 has further indicated that the cost associated with the PVC roof
installation does not exceed one-half of one percent of R213's bid. In support of its
response, R2B has provided a proposal from Chapman Coast Roof Co., Inc.
("Chapman"), to mechanically attach the PVC roofing for the lump sum total of
$18,600.00. As $18,600.00 is less than one-half of one percent of R213's total bid
($3,892,440.00), R213 was not required to list Chapman as a subcontractor in R213's bid.
R213 has further indicated that Chapman is certified by the roofing manufacturer to
install the roofing. Chapman's proposal refers to Carlisle, a manufacturer of one of the
substitute roofing products (Sure -Weld Membrane). Carlisle's website identifies
Chapman as an authorized applicator.
DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
Notice of Staff's Recommendation to Deny Bid Protest
June 13, 2024
Page 2
In conclusion, City staff finds Woodcliff's bid protest as to R213's bid to be without merit
and will recommend that the Tustin City Council deny Woodcliff's protest as to R213's bid
and award the contract to R213 at the June 18, 2024 City Council meeting.
If you have any questions, please call me at (714) 573-3355.
Sincerely,
Jason J. Churchill
Deputy Director of Public Works Operations
cc: R213 Engineering