Staff Memorandum for Council3L-]
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: CHRIS MARCARELLO, PUBLIC WORKS DIRECTOR
DATE: FEBRUARY 28, 2012
SUBJECT: ROSEMEAD COMMUNITY RECREATION CENTER HVAC
REPLACEMENT PROJECT- AWARD OF CONTRACT
On Monday, February 27, 2012, Public Works staff received two letters of protest
pertaining to received bids for this project. One letter was received from Pardess Air
Inc., protesting the bid of K &J Air Conditioning, and another from AC Pros, protesting
the bids of both K &J Air Conditioning and Pardess Air Inc. The protest letters are
attached for your review.
Both letters address minor irregularities with bids, such as the lack of signature on or
notarization of specific forms. Staff has since received the needed signatures to remedy
this concern and does not regard these oversights as grounds to reject bids. Concern
has been raised regarding K &J's licensure; however, K &J Air Conditioning possesses a
valid C -20 license, as called for in the project specifications. Additionally, staff will
require that K &J Air Conditioning hire a subcontractor other than the one listed to
complete the Air Test and Balance. The listed subcontractor's certification is valid but
does not match the one required by Specification 15990.
Staff has diligently reviewed both protest letters and all bid documents and has worked
to correct the minor irregularities. Staff has rejected both protest letters as they create
no grounds for the rejection of bids or the spending of an additional $106,000.
Cc: Jeff Allred, City Manager
Pardess Air Inc.
1769 Kelton Avenue
Los Angeles, Ca 90024
Tel: 310 - 477 -3628
Fax: 310- 479 -5255
February 24,2012
To: Mr. Sean Sullivan
Management Analyst
City Of Rosemead
Tel. 626 -569 -2189 Fax: 626-307-9218
Email: ssullivan@cityofrosemead.org
Project: HVAC Project NIB: 2012 -05
Bid : February 23,2012
Re: Protest Letter
Dear Mr. Sullivan:
This is to protest the Bid submitted by the Apparent Lowest Bidder, "K & J Air
Conditioning, Inc." ( K & J) on the above referenced project. The bidder did not meet the
requirements for listing Subcontractors and did not notarize one of the forms.
The project involves framing. The cost of this item is more than one half of one percent
of the K & J bid price and K & J does not have a B Contractor License. Therefore, a
subcontractor is needed to be listed for this item and K & J has not met this
requirement.
Specification section 15990, Testing, Adjusting and Balancing, articles 1.1 B and C,
provides that: " Perform all work under supervision of AABC certified test and balance
engineer and under direct supervision of AABC test and Balance technician."
K and J listed air balance company is a NEEB certified and not AABC. Therefore, K & J
has not met this requirement of the bid documents.
Non - Collusion Affidavit is not notarized. Per bid documents, section ITB -6, item 19.13
°bidders must comply "with the this required certification and "must execute and
submit with its bid the statutorily mandated non - collision affidavit included in the bid
documents ". Therefore, K & J has not correctly executed this mandated requirement.
It should be noted that K & J has written the value of only $1,500 for the work of "wood
framing under new curbs ". The cost of this scope of work is well over $1,500. Similarly,
K & J has written a value of only $5,500 for the electrical work for which the cost is also
well over $5,500. As you know, specification section ITB -6, Basis of Award, provides
that: "The owner may reject any bid which, in its opinion when compared to other bids
received or to the owner's internal estimates does not accurately reflect the cost to
perform the work".
Thank you for your attention to this letter.
Si cere ,
aniel S e
Air Conditioning & Heating
C PROS Residential - Commercial
Inc. License "871281
Air Cozd'lieanlrg� MEAMw& VARMmdau, So$ers,
Paarprs mad dfeChMM&=rsrtvfces
P$ 81"42-7767, 218-043-9994, P.81"&Z 917.5
To: Farid Hentabli
Assistant Director of Public Works
City of Rosemead
8838 E. Valley Blvd
Rosemead, CA 91770
Re: Bid Protest for the Rosemead Community Recreation Center HVAC Replacement
Project No. (31002 -1)
AC Pros Inc. would like to protest the bid results for the above mentioned project on the grounds
of significant irregularities and failure to provide a balanced bid as specified in the bid documents.
The bid protest applies to two (2) contractor's bids and will be individually presented.
K&J Air Conditioning Inc.
1. The contractor failed to sign and seal the bid bond.
2. The contractor failed to notarize the non-collusion affidavit
3. The contractor failed to present a balanced bid as the indicated prices for item #3 wood framing
and item # 6 electrical work, are unreasonable and do not reflect the true cost of performing the
work as described in the inshvction to bidders, item # 20, Basis of Award; Balanced Bids.
Pardess Air Inc.
1. The contractor failed to sign and seal the bid bond.
2. The contractor failed to complete page CBF -2.
The failure to sign and seal the bid bond, represent sisnikeant error on behalf of the contractors and
invalid the bid bond It's also represents careless in preparing the bid document, hence, the
performance of the work. The Instruction to Bidden;, item 28, Bidder's Responsiveness clearly
required the bidder to properly execute the bid documents.
Therefore, these bids should be deemed non - responsive and be rejected.
Sincerely,
Noam Ziv
President & CEO _
' f �
18653 Ventura Blvd., # 251, Tarzana, CA 91356.
Tel- (818) 943 -9994 or (818) 342 -7767, Fax (818) 881 -9125 info@acprosine.com
BIDDER: IC.f-3 Aut COLZR(o ilt
REVISED BID SCHEDULE
SCHEDULE OF PRICES FOR
ROSEMEAD COMMUNITY RECREATION CENTER
HVAC REPLACEMENT PROJECT
PROJECT No. 31002 -1
HVAC BID SCHEDULE
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ J Ibg,
C &S Hui -DP*0 VYft El04M -tt- au&444 5� + Hytio�� O�AAWS
Dollar amount In written forth
CBF -1
UNIT OF
EST.
UNIT
ITEM
NO.
ITEM DESCRIPTION
MEASURE
C".
PRICE
COST
1
Clearing and Grubbing
LS
t
ir S
2
Demolition of existing RTU units,
LS
1
Incl all auxiliary components
a dorsal of waste materials
914, w6,*
1 * ( 006 , q&
3
Wood Framing Under Now Curbs
LS
1
Jtl Soo . as
( 0
4
New Roof Top Units (RTU) &
LS
1
Curbs
3 11y 000
&II`I 0= ".
5
Ductwork, Pipe, Conduit and All
LS
1
Mechanical Components Including
Air balancing and relocation of
Existing Exhaust Fans
6
Ekrctrical Work
I LS
1
�S SCA•�
�S $tor•
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ J Ibg,
C &S Hui -DP*0 VYft El04M -tt- au&444 5� + Hytio�� O�AAWS
Dollar amount In written forth
CBF -1
BI DER; Air Conditlonin Inc
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide
the Information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidders name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT K & J Air Conditioning. Inc.
as
' as Surety, are held firmly bound unto the
CRY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
Ten Percent of total amount bid
(ti r 7 0 — ) , being not less than ten percent (1 D %) of the Total
Bid Price; for the payment of which sum will and trulyto be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the Rosemead Community Recreation Center HVAC Replacement
Project as set forth In the Notice Inviting Blds and accompanying Bid Documents,
dated 02123/2012
NOW, THEREFORE, if said Principal Is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters Into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance
and the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation Mall be null and void; otherwise
11 shall remain in full force and effect In the event suft is brought upon this bond by
the OWNER and judgment is recovered, said Surety shall pay all costs Incurred by
the OWNER in such suit, Including reasonable attorneys fees to be fixed by the
court
SIGNED AND SEALED, this 21st day of February 20 12
K & J Air Conditioning, Inc. ( SEAL) con e.omm swamp and wuumm Company (SEAL)
Principal Surety
By: B
Signature Signature Edith cmbay, A+tomoy wFad
CBF - 0
K4 AAR r►, bmaJl&xr,��c
NON - COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder, the
party making the foregoing bid, that the bid Is not made In the Interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid. 1,44
Signs re
Typed or Printed Name
'�X�s+OCw7f - OA.ILY
Title
Kt-S' Ault Co_n�ocnornnr6 -� r,.rG.
Bidder
Subscribed and sworn before me
This _ day of 1 20—
(SeaO
Notary Public in and for
the State of California
My Commission Expires:
CBF -11
B DEFT: PaMess Air, Inc.
Bidder shall submit Its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as manyaheets as are necessary to adequately provide
the irhfonoaton required. Bidder shall ensure that every page of its Bid Data Fors are properly
identified with the Bidders name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT Pardess Air, Inc. _ as
fig `.iurery, era naid firmly bound unto the
CITY OF ROSEVEAD (hereinafter called the OWNER) in the sum of
Ten percent of amount bid
IN -1 u7b 1 , being not teas than ten percent It 0%) of the Total
Bid Price; forthe payment of which sum will and trulytobe made, webind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the Rosemead Community Recreation Center HVAC Replacement
Project as set forth In the Notice Inviting Bids and accompanying Bid Documents,
dated February 23, 2072
NOW, THEREFORE, If said principal is awarded a Contract Nr the Work by the
OWNER and, within the time and in the manner required by the - referenced
Bid Documents, enters into the written form of Contreat bo nd with said Bid
Documents, furnishes the required bonds (one to guarantee f fuf performance
and the other to guarantee payment for labor and materials) furnishes the required
Insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation shell be null and void; oftrwise
It shall remain In full force and effect. In the event sult Is brought upon this bond by
the OWNER and Judgment Is recovered, said Surety shall pay all ooh Incurred by
the OWNER in such suit, Induding reasonable attorneys' fees to be fixed by the
court.
SIGNED AND SEALED, this 21st day of February , 2Q12 ,
Pardess Air, Inc. (SEAL riret National Inaurence Company olA SriEAI
Principal �,- // )
By: By: / ur � d ay
Signature Sigraturepamela McCarthy, Attorney -Fad
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BIDD R: PhA!Pel IL 11t7
Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items
in the schedule of bid items above, within the limits define In Section 3 -2.2.1 of the Standard
Specifications, to stay within the budgeted amount of this project.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which
cannot be withdrawn for the number of Working Days. Indicated in the Notice Inviting Bids from and
after the bid opening date, or until a Contract for the Work is fully executed bythe Owner and a third
party, whichever is earlier. The undersigned also agrees that If there Is a discrepancy between the
written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall
govern.
Attached hereto is a certified check, a cashiers check or a id bond n the amount of
Dollars ($ said amount being not less than nt (109'0) of the Total
Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award,
we fail or refuse to execute the Contract and furnish the required bonds, certificates and
endorsements of insurance and other certifications within the time provided.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for
the Contract, and will deliver to the Owner within that same period the necessary original Certificates
of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other
documentation and certification required by the Contract.
The undersigned offers and agrees that If this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to he Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidders California contractors Poense(s) in good standing; (2) evidence
that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting
therefrom; and (3) any other information and documentation, financial or otherwise, needed by
Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts
of five hundred dollars ($500.00) if project is not completed in forty -five (45) calendar days. The
~ Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and
subject to the terms and conditions described in the Contract Forth and the Contract Documents.
• Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder
further acknowledges that the Owner may, at Its discretion, incorporate any of the remaining data
submitted herewith into a contract arising out of this Bid.
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents.
Addenda Nos.
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