HomeMy WebLinkAbout06. (Handout) PBB Project Bid Protest letter dated 04-20-23 (Read into record) /l
ROOF/NG&SOLAR Item 6. (Handout)
(Read into record)
CONSTRUCT/ON INC
License#1018877/DIR#1000043217
630 Hunter Lane,Santa Rosa,CA 95404
Certified Woman-Owned Business
SENT VIA EMAIL
April 20, 2023
Board of Trustees
CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place
Martinez, CA 94553
c/o: Katie Young, District Secretary
RE: BID PROTEST— PUMP AND BLOWER BUILDING ROOF REPLACEMENT
PROJECT— PAC SHIELD ROOFING SERVICES
Dear Trustees:
Attached is documentation supporting RSC's bid protest of PAC Shield originally submitted on
March 3, 2023. Since the Committee meeting on March 22, 2023,which RSC participated in,
we have come into new information to further bolster one of the bases of our protest,
specifically as it relates to PAC's listing of a subcontractor to perform roof demolition and
asbestos and lead abatement.
As confirmed in PAC's bid,they listed Alliance Contracting Services, Inc.to perform "roofing
demolition"however they did not list any subcontractor to perform the asbestos and lead
abatement as outlined in Addendum #1 and as required in the bid documents. Section 9 states,
"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." PAC failed to comply with
this bidding requirement and Subcontractor Listing Law.
On a recent project bid for the Sacramento City Unified School District, PAC also listed
Alliance to perform the same scope of work, see attached. However, unlike this project, PAC
correctly listed Alliance as performing"roofing demolition and abatement"confirming their
blatant omission in this project bid.As documented by our attorney, Steven Copeland, and
supported by case law,this issue alone is grounds to reject PAC's bid.
Another basis for our protest relates to PAC's proposed roofing manufacturer, Soprema.While
Soprema was a listed manufacturer, their proposed roof system does not satisfy the minimum
technical requirements or warranty specifications.Namely,the Soprema warranty consists of a
"rider"in direct violation of the warranty specifications.
In closing, standing alone or combined,these nonwaivable issues require the District to reject
PAC's bid as non-responsive. For these reasons, RSC respectfully disagrees with the
Engineering staff's recommendations to award to PAC and fails to understand why one of the
recommendations did not include the award to RSC as the legitimate lowest, responsible
bidder.
CCSD
PBB Bid Protest
April 20,2023
Page 2
Resp ctfully,
Roo & lar Const tion, Inc.
yl s E sson, COO
Enclo res
Cc: Edgar Lopez, CCSD
Mark Wenslawski, CCSD
Nathan Hodges, CCSD
Steven Copeland, Esq.
Kyle Lattanzio, Garland
Warranty No: Effective Date:
The Garland Company, Inc.°
Thirty (30)Year High-Performance Roof System No Dollar Limit(NDL)Warranty
Owner Name: SAMPLE Contractor Name:
Address: Address:
City: StatelZip: City: —State/Zip:
Building Name: Products:
Roof ID: Square Footage:
MANUFACTURER RESPONSIBILITIES
The Garland Company,Inc.("Garland"),a Corporation of the State of Ohio,warrants to the above-named Owner that the Garland roof system will not leak due to manufacturing defects or
defective workmanship by the above-named Contractor.Garland will pay all authorized costs of repairs to the roofing system necessary to stop any leaks caused by defective materials or
workmanship that occur during a period of thirty(30)years,from the completion date,subject to the terms of this Warranty.In the event repairs to correct leaks caused by defective materials
or workmanship require removal and replacement of the roof system in recover applications,Owner will be responsible for all costs associated with the removal and replacement of the
original roof system.
APPLICABILITY OF WARRANTY
For this Warranty to remain in effect,all repairs,changes,alterations,modifications and/or additions to the roofing system must be authorized in advance in writing by Garland.
This Warranty may be transferred upon Garland's written consent,Garland's approval of maintenance to the roofing system,and payment of a transfer fee.This Warranty excludes
the following:
A. Damage by natural disasters including,but not limited to,fire,floods,lightning,hail,earthquakes,wind damage over 90 mph,etc.
B. Damage by structural movement or failure or movement of any material underlying the roofing system or base flashing.
C. Damage by acts of negligence,misuse or accidents including,but not limited to,use of roof for other than waterproofing the building,vandalism,civil disobedience or acts of war.
D. Damage to the roofing system resulting from;
1. Infiltration or condensation of moisture in,through,or around walls,copings,building structure or underlying or surrounding areas.
2. Ponding water,defined as standing water 48 hours after rainfall.
3. Chemical contaminate attacks on the roofing system.
4. Defects in engineering or building design or construction.
5. Traffic or storage of materials on the roof.
6. Defects in,failure or improper application of the underlying structural material used as a base upon which the roof is applied.
E. Leaks caused by deteriorated or failing sealants,such as:caulking or pitch pan sealants
F. Any aesthetic issues that do not directly cause the roofing system to leak including,but not limited to:
(1)ridges,cracks,blisters,wrinkles,fish mouths or other similar conditions or
(2)changes in surfacing such as appearance,mineral loss,discoloration,peeling protective coatings,aggregate loss,or similar conditions.
G. Edge metal or metal components fading,chalking,or weathering;nor for damage,rust,or other conditions resulting from the building being located within
1,500 feet of a body of saltwater,from acid rain,or any normal surface rust along the edges which,in the process of manufacturing and/or installation,
have been factory-sheared or exposed in the field.
H. Damage caused by Owner-initiated changes not previously approved by Garland in writing including,but not limited to:
1, Changes in the usage of the building.
2. Modifications or additions to the roofing system.
I. Damage caused by the failure of Owner to properly maintain the roof system according to the Owner's Manual in effect as of the date of this Warranty issuance and attached
Hereto and provided to the Owner. Lack of proper care and maintenance is cause for cancellation of this Warranty.
J. Damage for which the Owner does not provide Garland with timely written notice of a claim pursuant to the terms of this Warranty.
LIMITATIONS
Garland shall not be responsible for any damages that occur as a result of leaks,including,but not limited to damage to real or personal property,the structure itself,or contents therein.
Garland's sole responsibility under this Warranty is for the costs associated with repairs of leaks caused by defective materials or workmanship set forth above.Garland is not be responsible
for the removal or replacement of any roof top equipment or systems or overburden.In no event is Garland liable for any incidental,special,consequential,indirect,or punitive damages,
loss of use or profits,or diminution in value.
EXCEPT AS SET FORTH HEREIN,GARLAND MAKES NO OTHER WARRANTIES AND HEREBY DISCLAIMS ANY EXPRESS,IMPLIED,OR STATUTORY WARRANTY,INCLUDING
BUT NOT LIMITED TO WARRANTIES OF DESIGN,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE
OF TRADE,
OWNER RESPONSIBILITIES
In the event of a leak,Owner shall provide written notice to Garland within seven(7)days of discovery of the leak and before any repairs are undertaken.The written notice shall be sent to
3800 East 91st Street,Cleveland,OH 44105,Attn:Warranty Department.Owner,or its agent or representatives shall then provide Garland with adequate access to allow Garland to inspect
the leak and roofing system.In the event the roofing system has rooftop equipment or overburden obscuring the waterproofing membrane,such as paver system,vegetated roofing,solar,
solar thermal system,or any other material installed over the roof system,temporary or permanent,the Owner will have it removed before inspection at its sole expense.If it is determined
that the roof leak is the direct result of defective materials or workmanship,Garland will perform the repairs required to correct the roof leaks at no cost to Owner.If Garland fails to have the
repairs performed within 72 hours after its inspection,emergency temporary repairs performed by others will not void this Warranty,as long as those repairs are approved by Garland.
To the fullest extent allowed by law,this Warranty shall be construed under the laws of the State of Ohio and any actions or suits to enforce this Warranty shall be brought in the State of
Ohio,County of Cuyahoga.This Warranty constitutes the sole and exclusive Warranty of the parties hereto and supersedes any prior understandings or written or oral agreements or
warranties between the parties respecting the subject matter within.If any one or more of the provisions contained in this Warranty shall,for any reason,be held to be invalid,illegal or
unenforceable in any respect,such invalidity,illegality or unenforceability shall not affect any other provision thereof,and this Warranty shall be construed as if the invalid,illegal or
unenforceable provision had never been contained therein.
WARRANTY ACCEPTANCE:Owner hereby accepts and agrees to the terms and conditions outline in this Warranty.
By:The Garland Company,Inc. Owner:
Signed By: Signed By:
Date: Date:
The Garland Company,Inc.13800 East 91St Street I Cleveland,Ohio 44105
DOCUMENT 00 43 36
DESIGNATED SUBCONTRACTORS LIST
(Public Contact Code Sections 4100-4114)
PROJECT: ,Albert Einstein MS Re-Roof 0410-409-1
Bidder acknowledges and agrees that it must clearly set forth below the name, location and
California contractor license number of each subcontractor who will perform work or labor or
render service to the Bidder in or about the construction of the Work or who will specially
fabricate and install a portion of the Work according to detailed drawings contained in the
plans and specifications in an amount in excess of one-half of one percent (0.5%) of
Bidder's total Base Bid and the kind of Work that each will perform. Vendors or suppliers of
materials only do not need to be listed.
Bidder acknowledges and agrees that, if Bidder fails to list as to any portion of Work, or if
Bidder lists more than one subcontractor to perform the same portion of Work, Bidder must
perform that portion itself or be subjected to penalty under applicable law. In case more
than one subcontractor is named for the same kind of Work, state the portion of the kind of
Work that each subcontractor will perform.
If alternate bid(s) is/are called for and Bidder intends to use subcontractors different from
or in addition to those subcontractors listed for work under the Base Bid, Bidder must list
subcontractors that will perform Work in an amount in excess of one half of one percent
(0.5%) of Bidder's total Base Bid plus alternate(s).
If further space is required for the list of proposed subcontractors, attach additional copies
of page 2 showing the required information, as indicated below.
Subcontractor Name: Alliance Contracting Services Inc
CA Cont. Lic. #: CSLB#948348 ASB Location: Sacramento
DIR Registration #: DIR#1000002516
Portion of Work: Roof Demolition &Abatement
Subcontractor Name: Lawson Mechanical Contractors
CA Cont. Lic. #: CSLB#178385 Location: Sacramento
DTR Registration #: #1000002024
Portion of Work: HVAC/Condensate/Flexible Whips
Subcontractor Name: Applied Finishes
CA Cont. Lic. #: #1022434 Location: __s=him
DIR Registration #: DIR # 10000045553
Portion of Work: Painting gas lines and stenciling
SACRAMENTO CITY USD DESIGNATED SUBCONTRACTORS LIST
Albert Einstein MS Re-Roof DOCUMENT 00 43 36-24
Subcontractor Name:
CA Cont. Lic. #: Location:
DIR Registration #:
Portion of Work:
Subcontractor Name:
CA Cont. Lic. #: Location:
DIR Registration #:
Portion of Work:
Subcontractor Name:
CA Cont. Lic. #: Location:
DIR Registration #:
Portion of Work:
Subcontractor Name:
CA Cont. Lic. #: Location:
DIR Registration #:
Portion of Work:
Date: April 1? 202-3
Proper Name of Bidder: 1,;HlFlJjRQ0F: .qPP\/lCES, Inc.
Signature: ,.
Print Name:
Title: President and EQ
END OF DOCUMENT
SACRAMENTO CITY USD DESIGNATED SUBCONTRACTORS LIST
Albert Einstein MS Re-Roof DOCUMENT 00 43 36-30