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HomeMy WebLinkAboutBid Protest - Diamond Bar - Maple Hill ParkBuilding the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com July 15, 2024 City of Diamond Bar 21810 Copley Dr. Diamond Bar, CA 91765 Project: Maple Hill Park Improvement Project Subject: BID PROTEST Bid Date: July 11, 2024 at 2:00 PM This letter shall be construed as a Formal Bid Protest against the apparent low bidder Siterep Construction Services, Inc, for the following reasons as explained below. 1. Failure to include the required “Experience Statement” on page 8 of the bid proposal. 2. Failure to comply with section 15, “Qualification of Bidders” 5-year experience requirement. 3. Failure to have the technical ability, qualifications and experience in constructing similar park projects 4. Failure to include a required Notary Acknowledgement for Siterep’s Principal on the “Bid Bond” page 33 of the bid proposal. 5. Failure to execute a signature on page 34, “Certification of Non-Discrimination and Affirmative Action” 6. Failure to execute a signature on page 35, “Certification with Regard to the Performance of Previous Contracts or subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports” 7. Failure to include and sign the required Addendum No. 1 8. Failure to list a Building Contractor Installer. 9. Failure to list a Sport Court Surfacing Contractor Installer. 10. Non-responsible Bidder 1. Failure to include the required “Experience Statement” on page 8 of the bid proposal. As specified, this required form is completely missing from Siterep’s proposal. This will deem Siterep No-Responsive. 2. Failure to comply with Section 15, Note 1 “Qualification of Bidders” 5-year Experience Requirement Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Siterep has only been in business since July 21, 2022, as shown per the CSLB issue date: Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com 3. Failure to have the technical ability, qualifications and experience in constructing similar park projects. As stated per the above requirements, Siterep lacks the expertise and capabilty to construct this park improvement. Siterep has failed to demonstrate their technical ability as required by the bid documents. This alone will render Siterep Non-Responsive. As shown on the snip below from page 2 of the specifications. . 4. Failure to include a required Notary Acknowledgement for Siterep’s Principal on the “Bid Bond” page 33 of the bid proposal. Siterep failed to Notorize the Principal as required on the Bidder’s Bond, invalidating the bond. 5. Failure to properly execute a signature on page 34, “Certification of Non-Discrimination and Affirmative Action” Siterep failed to follow the City’s instructions regarding Contractor signatures. Page 4 in the Specifications states the following, “SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder.” Below is a snip of page 34 of their proposal, lacking a required signature. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com 6. Failure to properly execute a signature on page 35, “Certification with Regard to the Performance of Previous Contracts or subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports” Siterep failed to follow the City’s instructions regarding Contractor signatures. Page 4 in the Specifications states the following, “SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder.” Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com 7. Failure to Include and Sign the Required Addendum No. 1 Addendum No. 1 was issued on 7/3/24 and required a signed addendum front cover acknowledging the receipt as shown in a snip below. Siterep failed to even include the Addendum in their proposal. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com This alone should render Siterep Construction Non-Responsive and their complete proposal be deemed invalid. 8. Failed to List a Building Contractor Installer. 9. Failed to List Sport Court Surfacing Contractor Installer Siterep failed to list a building installer and sport court surfacing installer. Both scopes of which require a very specific technical ability and experience. Contract Code Section 4100 Listing of Subcontractors (Listing Law) requires that all bids on public projects list the names and addresses of all subcontractors that will work on the project, as well as the scope of the work each subcontractor will perform. (PCC §4104). Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Once the bid has been accepted by the public entity, it prohibits the substitution of any subcontractor listed in the original bid. If Siterep Construction attempts to self-perform the work of such caliber, it may result in poor quality of materials and workmanship to the detriment of the public. The City and its residents deserve quality work performed by an experienced Park builder like KASA Construction Inc. and this error and omission should not be considered by the City as a minor irregularity. The Technical Ability and Experience would be something Siterep Construction would have to prove as it pertains to self-performing these scopes of work. 10. Non – Responsible Bidder Based on the above findings and the overwhelming supporting information herein, it is without a doubt that Siterep Construction Services is non-responsive on multiple counts. The City reserves the right to reject proposals as non-responsive that do not demonstrate the Contractor’s technical abilities, experience, qualifications or familiarity with the scope of work. KASA Construction respectfully requests that the City of Diamond Bar consider the above findings and make a fair and proper determination to deem the Bid by Siterep Construction Services, NON- RESPONSIVE and Award the contract to KASA Construction Inc. If there is any additional information needed, please do not hesitate to call me on the number below. Respectfully, Hector Zavala Estimator KASA Construction, Inc.