HomeMy WebLinkAbout03.a. (Handout) Bid Protest Letter received 03-22-23 ROOF/NG&SOL.AR Item 3.a.
(Handout)
CONSTRUCT/ON INC
License#1018877/DIR#1000043217
630 Hunter Lane,Santa Rosa,CA 95404
Certified Woman-Owned Business
SENT VIA EMAIL
March 22, 2023
CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place
Martinez, CA 94553
RE: BID PROTEST—PUMP AND BLOWER BUILDING ROOF REPLACEMENT
PROJECT— PAC SHIELD ROOFING SERVICES
Dear Board and Committee Members:
Thank you for the opportunity to participate in the Engineering and Technical Services —
Capital Projects meeting scheduled for March 23, 2023.
RSC, a certified small,woman-owned and operated company,has reviewed the Position Paper
submitted by the Engineering and Technical Services Department in response to RSC's protest,
along with our attorney, Steven Copeland, and would respectfully like to respond, as it appears
from the Report there are critical misunderstandings as to RSC's grounds for the bid protest.
PAC's Failure to List a Subcontractor for Asbestos/Lead Abatement:
As required in the Bid Documents -Notice to Bidders, Section 9 (attached) —prime contractors
were required to list each subcontractor to perform each portion of work. PAC listed only one
subcontractor and listed their scope as performing"roofing demolition."And in their
responses to RSC's protest, PAC confirmed the value of work exceeded more than 1/2 of 1
percent of their bid and that they could not self-perform the work, as they lacked the required
license and OSHA certification. PAC did not list a subcontractor to perform asbestos/lead
abatement,which is significantly different than"roof demolition."
RSC, and other bidders,by comparison, did list a subcontractor to perform asbestos/lead
abatement.
Respectfully, roofing demolition and asbestos/lead abatement cannot be conflated, as they are
diametrically opposite scopes of work. The asbestos-contaminated material requires special
handling and disposal by a specialty contractor and specially trained workers,whereas,the
demolition of non-contaminated roofing does not require any special handling. What's more,
the asbestos abatement on this project is not simply limited to just the roofing membrane.As
confirmed in Addendum #1,Asbestos/Lead Report, asbestos-containing materials have been
identified in the metal expansion joints,the joint caulking on the concrete parapet wall, and
the curb/base metal flashing. Lead has also been identified. Clearly,the extent of the asbestos
and lead abatement is much greater than"roofing demolition."
Regardless of whether it was PAC's intention to use the same subcontractor for both roofing
demolition and asbestos and lead abatement, PAC failed to list a subcontractor specifically for
CCSD
Bid Protest
March 22,2023
Page 2
each scope of work as required under the bid documents and subcontracting listing laws and
this blatant omission cannot be waived by the District.To do so,would amount to preferential
treatment to PAC over contractors such as RSC who did specifically list an asbestos/lead
abatement subcontractor.
PAC's Listed Material Manufacturer Fails to Meet The Mandatory Requirements
of the Roofing Specifications:
While PAC's proposed roofing manufacturer, Soprema,was listed as an approved company,
their bid fails to meet various critical and mandatory aspects of the roofing specifications for
this project. In particular, and should be of great importance to the District, are the warranties.
The Specifications demanded that any proposed roofing system be backed up with a riderless
warranty meeting the minimum requirements.The Report seems to have missed this explicit
portion of RSC's bid protest.The specifications contained mandatory compliance with this
warranty requirement and the product data provided by PAC for the Soprema system is out of
specification as it includes warranty"riders"which are specifically prohibited under the
warranty requirements of the specifications, attached,for valid reasons. Should the roofing
system fail,the District will have to rely on a third party for claims.
Regardless of whether Soprema is an approved company with the District,their system as
proposed by PAC does not meet the minimum roofing specifications and makes up the price
difference between RSC(using Garland) and PAC's bid price, as stated in our last letter.
PAC's Failure to Make Trust Fund Contributions:
In PAC's response to RSC's protest,the company did not dispute they have failed to pay
workers'Trust Fund contributions that make up approx. 40%of the prevailing wage rate for
roofers. A search of the DIR registration or Contractor's State License Board would not be a
source that would disclose unpaid contributions by a contractor. But such website searches are
typically at least 6 months out of date and are not reliable compliant searches by the District.
Only direct voice contact with the sources would be appropriate contact to verify the
information. RSC invited the District to contact the Bay Area Roofers Health and Welfare Trust
Funds directly.
Of note,in addition to RSC's protest,we are aware that one or more other contractors who bid
on this project contacted the District in protest of PAC.
Recommendations:
The Report is recommending three options: 1) Reject RSC's protest; 2)Award to PAC; 3)
Reject all bids and rebid the project.
There is a fourth option the District can consider and that is to award the project to RSC,the
second lowest, responsible bidder. RSC has listed Garland as the roofing manufacturer, a
highly reputable company,whose products are the benchmark for this project which the
District has used in the past and RSC has installed in excess of$15M in Garland roofing
systems.
RSC's bid price with alternates also falls within the District's budget: Base Bid $1,022,198.10,
Alternate No. 1 $236,107.09, and Alternate No. 2 $91,693.51,for a total price of
$1,349,998.70.
CCSD
Bid Protest
March 22,2023
Page 3
In conclusion,public bidding requires transparency and compliance with the public contract
code. PAC's bid does not meet the mandatory subcontractor listing requirements or minimum
mandatory roofing specifications per the project specifications, and thus PAC's bid is required
to be rejected by the District.As the second lowest, responsible bidder, RSC should receive the
award and remains willing and able to perform the work.
Thank you for your consideration, and we welcome any questions you may have.
R ct Ty,
00 g&Solar Cons ruction, i—,,,
y ' ess o COO
Enclo res
Cc: CCSD Board
Engineering and Technical Services Committee
Engineering and Capital Projects Staff
Steven Copeland, Esq.
Kyle Lattanzio, Garland Industries
3/22/23,7:07 AM image001.png
SECTION 9 — BIDDER'S STATEMENT OF SUBCONTRACTORS
In the form entitled Section 4, Bidder's Statement of Subcontractors, provided within Part III of
this Project Manual, and pursuant to Section 4100 et seq. of the Public Contract Code, the
Bidder shall submit the name, California State License Board (CSLB) license number and DIR
registration number, expiration dates, city and state of the place of business of each
subcontractor who will perform work or labor or render service to the prime contractor in or
about the construction of the work or improvement, or a subcontractor licensed by the State of
California who, under subcontract to the prime contractor, specially fabricates and installs a
portion of the work or improvement according to the Project Documents, in an amount in excess
of one-half of one percent (°/2%) of the bid total as set forth in the Schedule of Bid, Part III,
Section 2. The prime contractor shall indicate the portion that will be done by each such
subcontractor for each such portion as is defined by the subcontractor in its bid.
Failure to list subcontractors in Part III, Bid Forms, Section 4, Bidder's Statement of
Subcontractors, is an express statement by the Bidder that it will perform that portion of the
work with its own forces. The prime contractor may not substitute any person or subcontractor
for a listed subcontractor without first obtaining written permission of the District Board of
Directors pursuant to provisions of Section 4107 of the Public Contract Code.
https://mail.google.com/mail/u/0/?ogbl#inbox/KtbxLvHLsGkrBgfVJNtCMCRiptgJQTvQDq?projector=1&messagePart1d=0.1 1/1
1.12 WARRANTY
A. Upon completion of the work, provide the Manufacturer's written and signed NDL
Warranty, warranting that, if a leak develops in the roof during the term of this
warranty, due either to defective material or defective workmanship by the
installing contractor,the manufacturer shall provide the Owner, at the
Manufacturer's expense, with the labor and material necessary to return the
defective area to a watertight condition. Warranty shall be solely provided by the
roof system manufacturer and must cover the calculated wind speed of 115mph.
No 3`d party warranties, or insurance riders will be accepted.
1. Warranty Period: 30 years from date of acceptance.
B. Installer is to guarantee all work against defects in materials and workmanship for
a period indicated following final acceptance of the Work. Contractor will submit a
copy of the warranty to the membrane manufacturer.
1. Warranty Period: 5 years from date of acceptance.
SORREMA
Rider No.: 101-000000-ET-1
System Rider
Warranty No.: 101-000000-ET I Warranty Start Date: 00.00.2023
Building Name: Central Contra Costa Sanitary District(CCCD)-Pump&Blower Bldg.
This rider amends the warranty described above(for convenience,referred to below as the"Warranty").
All of the materials covered by the Warranty are listed below,when sold by SOPREMA:
• Membrane ply(s)
• Flashing ply(s)
• Liquid-applied membrane and flashing products
• Primers
• Adhesives
• Coverboard
• Insulation
• Vapor retarder
• Air barrier
Section 1 of the Terms,Conditions and Limitations is amended accordingly.
Warranty claims must be submitted within two business days after a leak or other related issue is
discovered. Time is of the essence. The Warranty Claim Procedure(Form 900)is modified accordingly.
In the event of a conflict between the provisions of the Warranty and the provisions of this rider, the
provisions of this rider shall control.
Except as modified by this rider (and any other riders that are issued contemporaneously herewith), the
terms of the Warranty remain in full force and effect.
Dated: 00.00.2023
(09/2016)
SOPR Aw
Rider No.: 101-000000-ET-1
System Rider
Warranty No.: 101-000000-ET Warranty Start Date: 00.00.2023
Building Name: Central Contra Costa Sanitary District(CCCD)-Pump&Blower Bldg.
This rider amends the warranty described above (for convenience, referred to below as the"Warranty").
All of the materials covered by the Warranty are listed below,when sold by SOPREMA:
• Membrane ply(s)
• Flashing ply(s)
• Liquid-applied membrane and flashing products
+ Primers
Adhesives
• Coverboard
• Insulation
• Vapor retarder
• Air barrier
Section 1 of the Terms,Conditions and Limitations Is amended accordingly.
Warranty claims must be submitted within two business days after a leak or other related issue is
discovered. Time is of the essence. The Warranty Claim Procedure(Form 900)is modified accordingly.
In the event of a conflict between the provisions of the Warranty and the provisions of this rider, the
provisions of this rider shall control.
Except as modified by this rider (and any other riders that are issued contemporaneously herewith), the
terms of the Warranty remain in full force and effect.
Dated: 00.00.2023
(0912016)
Rider No. 101-000000-ET-2
Design Wind Speed Rider
Warranty No.: 101-000000-ET anty Start Date: 00.00.2023
Building Name: Central Contra Costa Sanitary District(CCCD)-Pump&Blower Bldg.
The Basic Design Wind Speed V in the Table Below = 115 m.p.h.
This rider amends the warranty described above(for convenience,referred to below as the"Warranty").
If you believe you are experiencing a leak caused by a single wind event with a speed not exceeding the design wind
speed(referred to as a"Covered Wind Event"),then you should follow the Warranty Claim Procedure set forth in the
Warranty(see Form 900).
For purposes of this rider`design wind speed"means the allowable stress design(asd)wind speed as allowed by
ASCE 7 to determine the roof design pressures,and in accordance with Table 1609.3.1 of the 2021 International
Building Code, reproduced below(all Section and Figure references are to the IBC):
IBC Table 1609.3.1
Wind Speed Conversions sbx
V 100 1 110 1 120 130 1 140 150 160 170 180 190 200
V,1d 78 B5 93 101 108 116 124 132 139 147 155
Vasd=V 0.6
For Si: 1 m.p.h.=0.44 m/s.
a. Linear interpolation is permitted.
b. Vesd=allowable stress design wind speed applicable to methods specified in Exceptions 1 through 5 of Section 1609.1.1.
c, V=basic design wind speeds determined from Figures 1609.3(1)through 1609.3(12).
If SOPREMAO determines that your SOPREMA roofing or waterproofing materials are leaking from damage caused
by a Covered Wind Event,then SOPREMA will provide you with the remedy set forth in the Warranty, using methods
and materials it deems appropriate to the situation. The decisions of SOPREMA with respect to the cause(s) of
damage and scope of repairs are final and binding.
This wind speed warranty is made subject to the following conditions:
1. The roofing or waterproofing membranes and all associated components are installed by an
authorized contractor on a properly designed and constructed building in strict accordance with
applicable codes and approvals.
2. Each time the building is exposed to a severe wind event, Owner must examine the roofing or
waterproofing and photo document conditions before cleanup or repair efforts begin. If any
damage is discovered, Owner should hire a roofing or waterproofing professional to evaluate
conditions,and document the extent of the damages,if any.
3. Owner must take reasonable actions to mitigate further damage.
4. Owner must make a wind-related claim within 14 days following the date of the Covered Wind
Event, not counting any days when Owner is unable to access the Building due to publically
imposed or naturally occurring travel restrictions.
The issuance of this rider does not imply that SOPREMA made a determination as to whether the materials were
installed in compliance with SOPREMA's details and General Requirements, Owner's specifications, or any
applicable laws, codes, regulations, or approvals, or that the Building or the roofing or waterproofing assembly is
properly designed and constructed.
In the event of a conflict between the provisions of the Warranty and the provisions of this rider,the provisions of this
rider shall control.
Except as modified by this rider(and any other riders that are issued contemporaneously herewith),the terms of the
Warranty remain in full force and effect. Among other things, this rider does not extend the term of the Warranty,
even if this rider is dated after the date of the Warranty.
(11/2022)