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HomeMy WebLinkAbout27 - Fire Station No. 6 Apparatus Bay Replacement Project - Award of Contract No. 6422-1(16F11) - CorrespondenceReceived After Agenda Printed September 13, 2016 Item No. 27 From: City Clerk's Office Sent: Monday, September 12, 2016 12:25 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Fire Station No 6 Apparatus Bay Replacement Bid protest Attachments: 9-12-16 city council.pdf From: Henry Abghari Sent: Monday, September 12, 2016 12:25:06 PM (UTC -08:00) Pacific Time (US & Canada) To: Brown, Leilani; City Clerk's Office; Harp, Aaron; Webb, Dave (Public Works); Vukojevic, Mark Cc: Ardi Abghari Subject: Fire Station No 6 Apparatus Bay Replacement Bid protest Dear Ms. Brown, City Clerk City of Newport Beach Please find attachment Caltec Corp.'s bid protest letter attention of Honorable City Mayor and city council members. Please include this letter to Tuesday September 13, 2016 City council Meeting agenda and distribute between city council members. HENRY ABGHARI I PROJECT MANAGER CALTEC CORPORATION 8732 WESTMINSTER BLVD. SUITE 2 WESTMINSTER, CA 92683 OFFICE (714) 373-5071 1 DIRECT (714) 375-6444 ( FAX (714) 894-7028 HENRY(@CALTECCORP.COM 9 CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR 9/12/2016 HONORABLE CITY COUNCIL MAYOR AND MEMBERS DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member SCOTT PEOTTER, Council Member TONY PETROS, Council Member EDWARD D. SELICH, Council Member CITY OF NEWPORT BEACH 100 CIVIC CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 REF: FIRE STATION NO.6 APPARATUS BAY REPLACEMENT PROJECT (C-6422) SUBJECT: BID PROTEST AND AWARD DEAR HONORABLE CITY COUNCIL MAYOR AND MEMBERS, I am writing on behalf of Caltec Corp. low bidder for the above referenced project. City's staff determines Caltec's bid Non- Responsive and Non -Responsible bid and recommends to award contract to Archico Design Build 2nd apparent low bidder. Prior to take above decision , City staff has not given any opportunity to be heard from Caltec Corp. staff has not afford Caltec Corp. an opportunity to rebut adverse evidence and permit Caltec to present evidence that is qualified to perform the work. City staff has determined pre -qualification of contractors is not required to bid on this project and in lieu of evaluating whether or not a prospective bidder is sufficiently qualified to bid for a particular contract and adopt and apply a uniform system of rating bidders just based on verbal phone call with some of past performance project managers and their untrue accusations of late completion of projects or shut down of project reached to the above decision. Caltec never had opportunity to prove the above verbal accusations are not true. Among close to two hundred (200) completed public work projects with no record of delay, false claims , work incidents and litigation against owners and other laws and rules violations ,City Staff do not report/ mention any Caltec's past performance projects with good references. We believe the above determination is not in compliance with competitive bidding statutes and is in favoritism of 2nd low bidder and misuses of public funds and City staff has given unfair competitive advantages to 2nd low bidder which are not available to Caltec Corp. If contract will be misawarded is void and unenforceable and is in violation of California Business and profession Code contractors classifications as well due to Archico Design Build with two (2 )years work experience as a contractor which has never completed a project in this size and total number of completed projects five (5) in company history has listed Four ( 4 ) unlicensed subcontractors to perform the work. Please refer to enclosed letter dated September 12,2016 to City official for full explanation, Just // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM I 0AW CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR one example is Archico Desgin Built intends to fabricate roof system of heavy new building with an ornamental metal contractor who is licensed to perform just decorative metal and railing and not allowed to perform any structural metal work. Staff states "Archico Design Build has satisfactory completed larger scale building improvements projects for other municipalities , including retrofitting of fire station for a local orange county fire department" Submitted Archico Design build work experience and investigation of company work history indicate the only Fire station work experience is retrofitting a training tower for fire station Not in City of Brea total contract amount $184,000. Basis for Non Responsive bid, 1- Caltec in technical experience section in response to question of " if final amount is different from original please explain" Caltec responded additional work requested by Owner. Staff believe this explanation is not accurate . Caltec responded to this question exactly based on the fact that owners requested additional work and this the reason why final amount is different than original amount. Does staff believe Caltec shall respond differently? The City with a good faith could easily request more information if the response is not enough to its opinion. City Staff waive and ignore the same issues with Archico Design Built bid documents But place this as a base for non -responsiveness of Caltec Corp. 2- Caltec reported one of past projects final amount $1 OK lesser than actual amount that City of San Marino Filled Notice of completion back to three years ago. This was result of a clerical error from Caltec's side. There was no intention to report past project amount lesser than actual amount and this does not materially change our bid and City with a good faith can waive it. Archico Design Build information regards past projects have the same issues but staff waive its and give an unfair advantage to this bidder. 3- Caltec fails to submit resume of job site superintendent at the time of bid. As we explained in letter to City staff on 9/12/2016 ( Enclosed is copy of letter) Superintendents are employee of Caltec and might not have work relation with Caltec at the commencement of the project. We assign a superintendent that City approve his qualification and work experience prior to commencement of work. Caltec Proposed job site superintendent is a holder of Architectural Degree with 6 years of work experience in construction as construction superintendent. 4- Caltec Fails to submit original bid bond before bid time. Notice inviting bid and instruction to bidders call to upload bid bond through planet Bid web site which we have submitted accordingly. Instruction to bidders require in case of cash or cashier's check in lieu of bid bond Original shall be submitted to the City clerk office. None of bid documents call to submit original bid bond prior to bid opening to the city clerk. Basis for Non- Responsible Bid: City Staff based on their phone calls with past project managers accuses Caltec Corp. of big untrue and unjustified accusations including lack of superintendent, late completion , job shut down and safety issues. All these accusation are based on of verbal communications that selectively chosen from hundreds of completed projects and are not true. City staff do not report and do not mention hundreds of our good references from past performed projects. We will provide full documentation that all these accusations are baseless and personal attack by persons that might have personal issues with Caltec's project managers. Caltec Corp, has completed hundreds of public work projects with no record of late completion, no work // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM C1 CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR injury and fatality, no false claims, no record of filing claim against any owners and no any other laws and rules violation. Just as an example we have been accused of job shut down of a project. The shutdown of work in City of Pasadena was due to discover of unforeseen hazardous contaminated soil under new building footing at nine foot depth. Job was shut down for a while until City directed Caltec to take necessary steps to dispose contaminated soil. Staff report this issue as a job shutdown by Caltec Corp. We object these unfair and untrue accusations. Majority scope of work of this project is building of a new heavy structure including 12 inch thick and tall block walls, 12 inch thickness of slab on grade for trucks heavy loads , shoring of under footing of Existing structure and heavy roof trusses are all structural work and need experienced structural contractor. Caltec Has assigned project manager for this project a holder of master degree in structural engineering with thirty (30) years work experience as a public work contractor. As a contractor with 30 years of experience in public work projects , We guarantee to complete this project in timely manner within budget and with high quality and in full compliance with project requirement and in full satisfaction of City's officials. We request your vote to award contract to Caltec Corp as low, responsive and responsible bidder. Please feel free to contact me directly at 714-717-1638 should you have any questions. Sincerely, Henry Abghari CALTEC CORP President CC: MS. LEILANI BRWON, CITY CLERK MR. AARON HARP, CITY ATTORNEY MR. DAVID WEBB , PUBLCI WORK DIRECTOR MR. MARK VUKOJEVIC, CITY ENGINEER VIA EAMIL FILE // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR 9/12/2016 CITY OF NEWPORT BEACH MR. DAVID WEBB PUBLIC WORKS DIRECTOR 100 CIVIC CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 949-644-3330 TEL 949-644-3308 FAX VIA: EMAIL REF: FIRE STATION NO.6 APPARATUS BAY REPLACEMENT PROJECT (C-6422) SUBJECT: RESPONSE TO NON-RESPONSIVE AND NON -RESPONSIBLE BID LETTER Dear Mr. Webb, CALTEC CORP, "Contractor ", is in receipt of City's letter dated 9/9/2016 declaring the Contractor to be "Non - Responsive and Non -Responsible". In response to points raised in above letter, we disagree with City's bases to reject Caltec Corp. submitted bid as we explain here. Non -Responsive Bid: 1- "Per instruction to bidders "original copies of bidders bond must be submitted to the city clerk prior to the bid opening date . Caltec did not submit a bid bond per this requirement. Notice inviting bids States: "Sealed Bid shall be submitted Via planet bids to the office of City Clerk " Instruction to Bidders states "the following documents shall be completed, executed, uploaded and received by the City Clerk via planet bids in accordance with Notice Inviting Bids" INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM C1 CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR Instruction to Bidders states" Cash , Certified Check , or cashier's check may be received in lieu of bidders' bond. Original must be submitted to the City Clerks office. It is clear neither Notice inviting bid nor instruction to bidder require to submit Original Bid bond to the City clerk office prior to bid opening, submitting original of cash, certified check or cashier's check in lieu of bid bond has been directed. Caltec Has submitted a valid Bid Bond per above requirement via plant bid prior to bid opening. "Perthe Instructions for TECHNICAL ABIL/TYAND EXPERIENCEREFERENCES, bidders are required to "Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Managerfor the Contractor. " Caltec did not submit this required document" Pursuant to Public Contract Code Section 1601, the City has elected to use bids on this public works project over the Internet via PlanetBids. Pursuant to Instruction to Bidders, the above documents shall be executed and uploaded via PlanetBids — none of which refer to proposed Superintendent's Resume. However, the resume of the jobsite Superintendent does not materially change the Contractor's bid proposal. The City has the right to evaluate and either approve or reject a proposed Superintendent qualification at the beginning of the project prior to start of construction. Submitting a proposed superintendent resume at the time of the bid may not be working with the company by the time construction commences - the replacement would be a qualified hire. At which point the City has right to review the replacement and either approve or disapprove and directs contractor to replace. Furthermore, the Superintendent is neither bidding entity nor subcontractor or supplier. Therefore, Contractor, a licensed California Corporation entity, is responsible for employing a qualified Superintendent for the duration of this project. Outright rejection of a proposal due to the Superintendent resume at the time of the bid is against Public Contract Code and Legislature's intent of the public fair bidding process pursuant to Section 100 which declares public entity to eliminate any favoritism . Please find attached Contractor's proposed Superintendent's resume who is Holder of Architectural Degree with 6 years work experience in this field. 2. "Per the Technical Ability and Experience References Section, `Failure of the Bidder to provide all required information in a complete and accurate manner may be considered non-responsive.' In that section, the contractor is required to explain "if the final amount is different from original, please explain". Caltec's explanations were incomplete and inaccurate. Most of the Caltec responses were "additional work requested by owner". These responses are incomplete and inaccurate." // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR Contractor has provided explanations for all projects listed as to why the contract amount was different than the original amount. The total contract amount has changed from the original amount via a Change Order. A Change Order is a written instrument prepared by the Owner and signed by the Owner, Contractor, and Architect, stating their agreement upon all of the following: The scope of the change in the work. The amount of the adjustment, if any, in the contract sum. And the extent of the adjustment, if any, in the contract time. There are projects where there were scope changes in the work. This may or may not increase the contract time depending on the magnitude of the changes. All documented by the Critical Path Method supporting the time extension needed for said changes in scope of work. All change orders in previous projects have been directed by the Owner. We believe we have provided a complete response to question of why final contract amount is different that original amount. Caltec upon City request is willing to submit further explanation, documentation, copy of all change orders and communications with the Owners' rep prior /after commencement of all chane orders. There have been no Legal claims made against any owners by the Caltec in the past hundreds public work completed projects. All changes were contractually and mutually agreed upon. Contractor is in full compliance with the Bid Documents regarding this matter. 3. `7n some submitted references, the original contract amounts, the final contract amounts and the dates are blank. These responses are incomplete." There has been a clerical error in preparing this portion of bid forms regards past projects experience. However, the contact information, project description, project name, if any additional work was done, and if any claims have been made, and Final Contract amounts have all been provided for each project. The City was also able to verify with the owner representatives in inquiring about Contractor. The empty fields are minor missing information. Please find attachment requested dates and initial contract amounts. California public contract Code gives contractor required time and opportunity for major clerical errors like subcontractors listing. Missing some past projects contract amount or dates do not effect on bid price or ability of contractor to perform the work. We believe these are minor irregularities which the City can waive with Good Faith. 4. For the reference submitted for the City Hall Renovation for the City of San Marino, Caltec submitted that the final contract amount was $563,099.45. However, the City of San Marino, in their `Notice of Completion' to City Council on March 12, 2014 listed the total to Caltec with change orders as $575,141. Ca/tec's response is inaccurate and incomplete as it does not have a complete explanation regarding the different amounts. Since Caltec did not comply with these requirements, its bid is therefore `Non-responsive'." There has been a clerical error in preparing information for above past project. However, reporting the final contract amount $12,041.55 less than the final amount does not substantially, or otherwise, change the Contractor's capabilities to perform the scope of work nor changes the bid price. We believe this is a minor irregularity which the City can waive with Good Faith. // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM C1 CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR Non -Responsible Bid: 5. "Caltec confirmed to the City via telephone call on September 1, 2016 that it does not have any fire station construction experience." Project Documents do not call for mandatory prior experience working on a Fire Station in the past. There was also no Prequalification Process for the Contractor to qualify. Project Documents call for a valid License B and valid registration with DIR at the time of bid. Contractor is in compliance with the Bid Documents regarding this matter. 6. "Furthermore, the City contacted the references submitted by your office for this Project. The Los Angeles Unified School District, the Monrovia Unified School District, the Rosemead Unified School District, the Hacienda -La Puente Unified School District, the City of Anaheim, and the City of Pasadena informed the City that Caltec's performances on previous projects have been unsatisfactory and encountered contractor performance issues including the lack of superintendence, late completions, unsubstantiated claims, certified payrolls, a job shutdown and safety violations." Caltec takes full exception to above as these blank, unproven, general statements and accusations are not accurate and representative of facts. Performance Issues; Contractor has completed hundreds of public works projects as a Prime contractor. The City's rep. has selectively mentioned above projects which might have negative, un -proven or personal characterized comments from its project Manager. The above past performance issues and comments are selectively picked up from hundreds of completed past projects' s and absolutely not true statements and are un proven accusations. None of above mentioned projects have been late, incomplete or low quality in workman ship, Within last hundreds of completed public work projects, Contractor has never had issues with completing a project per project requirements and time limitation. Contractor has never been in litigation with an owner regarding the performance of work. Contractor's Surety has never had to complete a project for Contractor. Caltec upon City request will provide full documentation specifically for above projects and will prove the above statements are absolutely inaccurate and not true statements Lack of Superintendent; Caltec had always provided superintendent for all previous past projects. For small projects Caltec has assigned working supervisor and for larger projects has assigned a competent supervisor/superintendent Caltec will assign a qualified full-time Superintendent to this project to be fully acceptable and approved by the City. Late Completions; // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR Caltec has never had to complete a project past the contract completion date, If there are any changes in the contract completion date from the original contract completion date, then these changes have been recorded and there is backup documentation for said changes and approved by the Owner. Please advise which project Caltec has been late in completion of the project? Caltec has never been charged with Liquidated Damages in any of past projects. Unsubstantiated Claims; Contractor has never made false claims. This is absolutely unsubstantiated accusation. Contractor has never had to pursue litigation over claims. All change orders are accompanied with backup documentation and mutually agreed with Owner. Certified Payrolls; Contractor expeditiously files Certified Payrolls and complies with all Labor laws. Contractor has never been issued a citation or in violation of labor law or fined by the Department of Industrial Relations. A Job Shutdown; Upon over excavation of deep soil under new building footing, Contractor realized the soil for which the Geotechnical Engineering Report had been provided is contaminated to hazardous material. At this point, Contractor was forced to stop construction progress and bring to City's official attention of unforeseen condition in order to review and analyze the changes in procedure and scope of the work. Job was shut down for a while until City official took necessary steps and directed Caltec to take necessary procedure and continue work. Safety Violations; At Los Angeles Unified School District's projects the owner had implemented own insurance program and own safety requirements which is even higher than CALOSHA safety requirement. Within last hundreds of completed projects Caltec just once was reminded by District's safety officer of a safety issue , Caltec immediately corrected and improved safety to exceed and meet owner's standard safety requirements. No incident, no fatality and no injury for the above case. Contractor has an excellent track record of Safety. Contractor has never had a CalOSHA citation. Contractor has never had a Worker's Compensation claim made against it. Contractor has never had any fatal or work injuries or work incidents. Contractor has never been denied for Insurance. Caltec Corp Has submitted a Responsive and responsible low bid and we request to recommend to City Council to Award contract to Caltec Corp. As a contractor with 30 years of experience in public work projects , We guarantee to complete this project in timely manner within budget and with high quality and in full compliance with project requirement and in full satisfaction of City's officials. // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM AFk % 0 i ow, CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR Please feel free to contact me directly at 714-717-1638 should you have any questions. Sincerely, Henry Abghari CALTEC CORP President CC: MS. LEILANI BRWON, CITY CLERK MR. AARON HARP, CITY ATTORNEY MR. MARK VUKOJEVIC, CITY ENGINEER VIA EAMIL FILE 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM Ardi Abghari phone 714-421-3374 email ardi@dexcon.la linkedin https://www.linkedin.com/in/ardi-abghari education Newschool of Architecture and Design San Diego, CA 2007-2012 Bachelor of Architecture Through hands on instructions from faculty, the NAAB approved Bachelor of Architecture program focused on fundamentals of design, materials, structures, sustainability, programming, codes, urban issues, professional practice, and thesis integration. Art Institute of California Orange County Santa Ana, CA 2006-2007 Interior Architecture A year of enrollment. in the Interior Design program primed me to study design, safety, and usability issues of creating spaces where we live, work, and play. Coursework focused on space planning, traffic, patterns, colors, surfaces and furnishings that make surroundings comfortable and livable. software Oracle Primavera P6 Autodesk AutoCAD Autodesk Revit Autodesk Navisworks Autodesk Quantity Takeoff Suretrak Project Manager Rhinoceros 3D Sketchup Pro Adobe Photoshop Adobe Illustrator Adobe InDesign Adobe Acrobat Microsoft Office certification Contractor's State License Type B OSHA 30 -Hour Certification First Aid,CPR, & AED Certification project experience Anaheim Campus Tenant Improvements Eaton Blanche Park Restroom Renovations Parking Structure Lot 2 Rehabilitation EI Centro Council Chamber Renovation Bookstore Buyback Phase 1 B Chaffey High School GWS Auditorium Classrooms and Cafeteria Restroom Renovations at Monroe and Harrison Elementary Schools Voluntary Seismic Upgrades Site Security Enhancements at Various Sites - Group A Lassalette Kitchen Renovation Repair of Damaged Roof Beam of Auto Shop Building Encinita Elementary School Modernization of Multi -Purpose & Men's & Women's Restrooms languages english fluent employment Caltec Corporation 2012 - Present This organization focuses on new construction, remodeling, and renovation of public buildings in the Southern California region. During my time at CTC, I've been responsible for cost estimation of various bidding opportunities, obtaining price quotes, obtaining bid bonds, preparing bid documents, contract administration, shop drawing preparation, CAD files, construction administration, project schedule, and construction management, site visits, and attending weekly meetings held with the owner's representatives. Responsibilities are as follows: Bidding Construction Administration Construction Superintendent Construction Management Business Operations No. 4 M-15-106 SEISMIC RETROFITTING AND ROOF REMOVAL & REPLACEME!4T AT BLDG 0 Project Name/Number Project Description STRUCTURAL WORK AND REROOFING Approximate Construction Dates: From 11/17t2014 To: 4111I2015 Agency -Name MONROVIA UNIFIED SCHOOL DISTRICT Contact Person VINCE MARCHE" Telephone (626) 71-2901 190,000 200,568.99 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL WORK REQUESTED BY OWNER Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 CALIFORNIA SCHOOL FOR THE DEAF, RIVERSIDE, CA Project Name/Number STRUCTURAL WORK AND RENOVATIONS TO EXTERIOR Project Description Approximate Construction Dates: From f l .l TO: 202416 Agency Name DEPARTMENT OF GENERAL SERVICES Contact Person NANCY V Telephone (16) 75-4253 Original Contract Amount $3// • V D 5s7,190 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL WORK REQUESTED BY OWNER Did you file any claims against the Agency? Did the Agency file any claims against youlContractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 RESTROOM RENOVATIONS AT VARIOUS SITES, RIVERSIDE, CA Project Name/Number RESTROOM RENOVATION AND ADA WORK Project Description Approximate Construction Dates: From 613/2014To: 9/3012014o14 RIVERSIDE UNIFIED SCHOOL DISTRICT Agency Name Contact Person KEVIN HAUSER Telephone { (9I1) 788-7496 Ext. 84704 ov d Original Contract Amount $tFinal Contract Amount $ 2 g If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL WORK REQUESTED BY OWNER Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO NO -- —6 HVAC UPGRADE GWS AUDITORIUM CLASSROOMS & CAFETERIA Project Name/Number REMODEL OF EXISTING CLASSES AND HVAC Project Description Approximate Construction Dates: From 5/28/2013 To: 21112014 Agency Name CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT Contact Person RICHARD THOMPSON Telephone (909988-8511 x 2522 Original Contract Amount $ 418000 Final Contract Amount $ 404,060.81 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER NEEDED MANY MONTHS IN ORDER TO MAKE CHANGES TO DESIGN. OMMITED REMAINING PORTION OF WORK IN ORDER TO COME BACK AT A LATER TIME WHEN THEY WERE READY TO CONTINUE WITH THE WORK. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. NO 11 No. 4 CITY HALL RENOVATION PROJECT, SAN MARINO, CA Project Name/Number CITY HALL RENOVATIONS Project Description �j Approximate Construction Dates: From L/ To: 1/2014 CITY OF SAN MARINO Agency Name ALDO 951 7887496 Contact Person Telephone ( ) Original Contract Amount $ 496,000 563099.45 Final Contract Amount $ if final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL WORK REQUESTED BY OWNER Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number EL CENTRO COURTHOUSE EARTHQUAKE REPAIRS STRUCTURAL WORK AND RENOVATION Project Description 7/30/2014 Approximate Construction Dates: From _Apr11 2014 ,,,T0: COUNTY OF IMPERIAL Agency Name Contact Person William Brunet Telephone (769 352-1272 Original Contract Amount $ 267 "7"7-0 Final Contract Amount $ $284,832 If final amount is different from original, please explain (change orders, extra work, etc.) Change order request by Owner Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR 9/12/2016 CITY OF NEWPORT BEACH MR. DAVID WEBB PUBLIC WORKS DIRECTOR 100 CIVIC CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 949-644-3311 TEL 949-644-3308 FAX DAWEBB@NEWPORTBEACH CA. GOV VIA: EMAIL REF: FIRE STATION NO.6 APPARATUS BAY REPLACEMENT PROJECT (C-6422) SUBJECT: RESPONSE TO NON-RESPONSIVE AND NON -RESPONSIBLE BID LETTER Dear Mr. Webb, CALTEC CORP is in receipt of City's letter dated September 9, 2016 and intend to award above project to 2nd low bidder Archico Design Build. We believe rejecting Caltec Corp.'s low bid and awarding project to Archico Design Build as 2nd low bidder is in violation of California public contract code sections, business and profession code and violation of competitive bid statues and favoritism and unfair advantage to Archaic Design Build. Public Contract Code 4104(b) states only one subcontractor may be listed to perform each portion of work. A portion of work means type or scope of work contemplated e.g. electrical, drywall, plumbing as licensed by contractors state license board. 1-Archico Design Build has listed Pacific Builder license No: 978931 for Finish Work . Pacific Builder Holds License B ( General Building contractor) and A license . Contractor's state license Board has not defined /specified a license type for Trade of Finish Work . Finish work could be a wide range of trades not limited to painting, flooring, cement plater, resilient flooring, carpeting... . Pacific Builder is not qualified to perform any of above finish work as we explain here. Business & Professions Code Division 3, Chapter 9. Contractors, Article 4. Classifications states, A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades. Listing of Pacific Builder by Archico Design Build as subcontractor for Finish work is in violation of Business and profession Code. // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM CW CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR 2-Archico Design Build has listed Troy Iron Craft License No: 945177 for Roof Framing. Roof Framing is including metal stud trusses, metal stud works, purlins and welding .Troy Iron Craft Holds License B (General Building Contractor, C23 (Ornamental Metals) neither license is qualified to perform Roof Framing as we explain here. California Code of Regulations Title 16, Division 8, Article 3. Classifications An ornamental metals contractor C23 assembles, casts, cuts, shapes, stamps, forges, welds, fabricates and installs, sheet, rolled and cast, brass, bronze, copper, cast iron, wrought iron, monel metal, stainless steel, steel, and/or any other metal for the architectural treatment and ornamental decoration of structures. This classification does not include the work of a sheet metal contractor. Business & Professions Code Division 3, Chapter 9. Contractors, Article 4. Classifications states, A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades. Listing of Troy Iron Craft by Archico Design Build as subcontractor for Roof Framing is in violation of two sections of Business and profession Code. 3-Archico Design Build has listed Hulk Enterprises License No: 301390 for Concrete- Masonry. Hulk Enterprises Holds License B ( General Building Contractor) and C21 (Demolition Contractor). Neither of these licenses are qualified to perform Concrete- Masonry Scope of the work as we explain in below. Business & Professions Code Division 3, Chapter 9. Contractors, Article 4. Classifications states, A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades. Listing of Hulk Enterprises In by Archico Design Build as subcontractor for Concrete — Masonry is in violation of Business and profession Code. 4 -Per requirements of California Public Contract Code, Archico Design Build has failed to list a Fire Alarm subcontractor holding a valid specialty classification license for this scope of work, nor does Archico Design Build has the necessary specialty certification to perform fire alarm scope of the work. In addition, Archico Design Build has not listed a C-10 Electrical and Fire Alarm subcontractor to perform the Fire alarm scope as a 2°a tier specialty classified Fire Alarm sub -subcontractor. // 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM CW CALTEC CORP. GENERAL BUILDING & ENGINEERING CONTRACTOR Pursuant to California Business and Profession Code Section 7057 (c): (c) A general building contractor shall not contract for any project that includes a fire protection stem as provided for in Section 7026.12 or 7026.13, or the "C-57" Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the appropriate license classification, or subcontracts with the appropriately licensed contractor. Award of above project to Archico Design Build is in violation of numerous sections of codes and competitive biding statute and void and unenforceable due to non compliance with bidding statutes. We request the City award project to Caltec Corp. As lowest responsible and responsive bidder. Please feel free to contact me directly at 714-717-1638 should you have any questions. Sincerely, j rf Henry Abghari CALTEC CORP President CC: MS. LEILANI BRWON, CITY CLERK MR. AARON HARP, CITY ATTORNEY MR. MARK VUKOJEVIC, CITY ENGINEER VIA EAMIL FILE 8732 WESTMINSTER BLVD. SUITE 2, WESTMINSTER, CA 92683 // TEL 714 373 5071 // FAX 714 894 7028 // CALTECCORP.COM // CONTACT@CALTECCORP.COM