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HomeMy WebLinkAbout1994-05-24 - AGENDA REPORTS - NORTH OAKS POOL EARTHQUAKEAGENDA REPORT City Manager ApproAbyr: Item to be presente� Rick Putn�rfi��-.,y CONSENT CALENDAR DATE: May 24, 1994 SUBJECT: North Oaks Pool Earthquake Repair Contract DEPARTMENT: Parks, Recreation, and Community Services BACKGROUND As a result of the January 17 earthquake, significant damage was incurred at the North Oaks Park aquatics facility. Damage to the facility made it unusable for the upcoming swim season beginning in June. The damage qualifies for reimbursement under FEMA guidelines. As a result of the City's heavy dependence on each of its four swimming pools to support a large and impacted aquatics program, the repair process has been placed on a fast track. On May 16, 1994, bid submittals were opened in the City Clerk's Office with the following results: Amount Connors Plumbing and Heating $21,837.00 Pool Supply of Orange County $24,947.72 Nadar, Inc. $24,950.00 California Commercial Pools $29,176.00 The selection of the low bidder, Connors Plumbing and Heating, was subsequently protested by Pool Supply of Orange County based on three separate points (see attachments). Pool Supply of Orange County was granted a hearing before the City Manager to review the stated points on May 17, 1994. Subsequently, the City Manager interviewed staff on May 19, 1994 to review all pertinent facts. As a result of these hearings, a determination was made that the irregularities as stated were not significant to the process, nor would the outcome of the selection of the low bidder be changed. The City Manager then executed the contract with Connors Plumbing and Heating to immediately proceed with repairs of the North Oaks Park pool complex. RECOMMENDATION To ratify the execution of the contract between Connors Plumbing and Heating and the City of Santa Clarita for earthquake damage repairs to the North Oaks Park pool complex. ATTACHMENTS Record of Bid Opening Letter from Pool Supply of Orange County to City of Santa Clarita, received May 16, 1994. Letter from George B. Piggott to City of Santa Clarita, dated May 19, 1994. Letter from City of Santa Clarita to Pool Supply of Orange County, dated May 19, 1994. REP:JHD.dis D councibagpooLjhd AN 1! ( ; x./'`__ Ago Ae"Item: City of Santa Clarita Record of Bid Opening Bid for: North Oaks Park Pool Date: May 16, 1994 Time of Bid Opening: 11 a.m. Persons Present: Geri Miller -Davis, Deputy City Clerk; Michelle Cupp, Administrative Clerk; Gary Sykes, Bldg. Worker III; Ron Fierro, Parks Supervisor Company Amount California Commercial Pools $29,176.00 PSOC Connor's Plumbing & Heating Nadar, Inc. Apparent low bidder: Connor's Plumbing & Heating Attest: Geri Miller -Davis Deputy City Clerk $24,947.72 $21,837.00 $24,950.00 $21,837.00 2625 South Hickory Street Santa Ana, California 92707 Phone: (714) 545-5245 FAX: (714) 545-5963 Aquatic Systems Specialists State Contractors License # 263844 City Manager City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, Ca. 91355 - d Subject: North Oaks Park Pool Renovation Dear Manager: I would like to protest the awarding of this bid for the following reasons and that you delay your decision until this matter is resolved. The City issued a Formal Bid to receive quotes for the renovation of this pool. In this package there are guidelines that all bidders are to abide by: You just had recently returned bids that were not excepted due to not following FEMA guidelines. The decision is to again change the specifications, after the fact, to allow a contractor the job. My company was the only company to comply in every detail. The bid package was very explicit and should followed. I was recently involved in a bid where I had made a clerical error in my paper work and was rejected, and I was low bid. Now your telling me that you will approve this award to a contractor who has made three ? At the bid opening I had pointed out that the bid states that no bids will be excepted if certain material documents were not included. Your City Cleric noted that three bidders did not. Your bid also stated that contractors are to hold a class "M and/or class "C53" license, your low bid has not either one. And the experience of the contractor doing "like work", is not as complete as the other bidders. !F Y It is my understanding that once a bid package has been issued that strict adherence is legally binding. How even one specification can be removed to allow a contractor to be awarded is not fair to anyone. Its like changing the rules after the game is over. I feel that my company has met all your guidelines: We hold the "called for" licenses, We submitted the proper paperwork, We complied to all your bid requirements, We were lowest responsive bidder, Why caSwe have this job ? Please delay your decision until my lawyer has reviewed the Iegal issues. I would like to meet with the FEMA representative this afternoon to insure proper procedure has been followed. Your other choice is to disqualify this bidder and award the contract to your only responsive bidder, which is Pool Supply of Orange Co. The job can still be done on time. Thank you for your time, Tom Berrey SENT BY: 5-19-94 ; B:40AM ; BYE HATCHER PIGGOTT- 805 25S 51254 2 Law OPPIC[S C, GEORGE B. PIGGOTT . 0601EE510MAL C00160ATION FIVE PANX •LAZA. ENITE 1100 IRVINE. CALIPOA..IA Oafla TELEPVONE I7111000.240• TELECO.IER 0141 640-0EIE May 19, 1994 J Donna M. Grindey, CMC City of Santa Clarita 23920 Valencia Blvd., #300 Santa Clarita, CA 91355 Re: North Oaks Pool Renovation Dear Ms. Grindey: The undersigned represents Pool Supply of Orange County ("PSOC"). As you are aware, PSOC was the second low bidder on the above -referenced project. It is my understanding that the bid tendered by the low bidder did not comply with the City's bid instructions. Specifically, the low bidder did not include the equipment manufacturer's performance test data, specifications, and operation and maintenance manuals in its bid. The City's bid instructions provide that if such materials are not provided with the bid, the bid will be rejected. The bid instructions also require that the contractor have either a Class A or C 53 contractor's license, neither of which the low bidder has. Moreover, absent those licensing requirements, the low bidder could only perform the job by subcontracting certain portions of the work to others, but no subcontractors were listed in its bid. PSOC's bid included the required materials and it has the specified C 53 license. Nevertheless, the City accepted the low bidder's proposal. PSOC requests that the City reconsider its action and hopes that the City's desire to promote. fair and competitive bidding practices within its jurisdiction will be sufficient to cause it to take the right action. PSOC is prepared, however, to explore other avenues of recourse to ensure that the rights of those tendering legitimate bids are protected. it is everyone's responsibility to seek to maintain consistency and fairness in the public bid forum. GBP/jd cc: Kirk Buttermore Tom Barry V ry truly yours, FORGE B. PIGGOTT City of Santa Clarita 23920 Valencia Blvd. Suite 300 City of Santa Clarita California 91355 May 19, 1994 Phone (805) 259.2489 Fax (805) 259.8125 Mr. Tom Berrey Pool Supply of Orange County 2625 South Hickory Street Santa Ana, CA 92707 Dear Mr., Berrey: This letter is in response to Pool Supply of Orange County's protest regarding the award of the North Oaks Park pool project, received by the City of Santa Clarita on May 16, 1994 at 10:04 a.m. Your protest cites three areas of concern. They are: Failure to submit the Manufacturer's Specifications and Manufacturer's Operations and Maintenance Manual as specified on page B-1 of the contract documents; Failure to possess the required contractor's license as stated in the bid specifications by the low bidder; Lack of experience in successfully completing specified work by the low bidder. Connors Plumbing and Heating failed to submit with their bid the Manufacturer's Specifications and Manufacturer's Operations and Maintenance Manual as specified on page B-1 of the contract documents. Please refer to page B-3 of the contract documents, which states that the Agency reserves the right to waive any irregularities. The City is waiving the irregularity due to the fact that Connors Plumbing and Heating is specifically installing the filters specified in the contract documents and will not be using equivalent equipment. Connors Plumbing and Heating does not hold a Class A or C-53 license as stated in the bid documents. The City has received a letter with Connors Plumbing and Heating's bid from Michael Brown, Deputy of the State Licensing Board, stating that with the license Connors Plumbing and Heating currently holds, they can legally install the equipment specified. (Please see enclosed fax from the State Contractors' Licensing Board.) Mr. Tom Berrey Pool Supply of Orange County May 19, 1994 Page 2 In accordance with the contract documents on page B-3, the City reserves the right to waive any irregularities. The City waives the licensing requirements based on the letter received from the State Licensing Board. Connors Plumbing and Heating is doing like work and has comparable experience. The City has verified all references listed and has determined that Connors Plumbing and Heating possesses the experience and qualifications required for this project. GAC:RAF.dis budding/noakspl ral Enclosure cc: Donna Grindey, City Clerk Rick Putnam, Director, Parks, Recreation, and Community Services Ron Fierro, Parks Supervisor George B. Piggott 0 uy11<U I VH»lAlL L.ICi_P1SIi HtIAk11 µ7( • ` 1.:=. +-. SaN ,,•., ,,,� L,�SL,..: k ♦al tl, l,,, C',1111 V11111A •� I. iJ ILN1,,.lAt. It, dal{d v3n20 4r6 -.265--390D FA VIA FAX VIA FAX 0 llr J,hu, liu&'doll 1, hild.-111,J dtttt 11"Ot llnj ..1.1. i.. t.l: 11iu„i,ili.� ,:U,11.-t'•.4.1J.•L :, I,I:; L'P1111 (il)•5wllntnl ng 1-,.i+ t'i;•il,;l S.n: tluui 1 ,.Ly rlltrL II Lj N:(juipruent) \ 14,a1' F11 - lav1��1W1. its hilly V•k' r-UgIi.at- ror a written licensing _ ,._1 C�6:1 un1...i,'a l,.%•J.al llil�'.j lily. �:11,V�rC n.u1,�.51it- of t+u:ard Rule 832.36 (copy 111,w,l,l l,.J ( 36) may leydl ly install swimming ..tcc,. l,il•i,t,J nu,1 III,- urn:illaay till..:ri.rau/treatmatlt equipment. t 1„y,,, tllal. j _nl rill thi6 i1lLJl111ati0il UsaLul- if you have any . I, ....ul l,n,j (916) 255-3960- iuuar�l (9i6) �(l A - tdiull""l A. UI:C'WI1 I •wl:o ,,'I d:,irir;dl.i�rt5 1JCjauty r 1i. - ,=I 1. t:.1' iI.: . 41 n . 24VO I,.:.t rt Hill 1-C Ar1rt pLr?Irt n r,i•,y 832.34. Class C-34 — Pipeline CUn(faulor. A pipeline contractor fabricates and installs l,itr.jl;,12': tr+f Ihr' C••r7:r, itl> n ,.i fluidc, such as water, gas, or fit :huletigt, „r 1OF the conloinyl-lit +•r plof- • ti of any other nlaterral, incltllling flip? sf-jAj^Atinrl of l+npl n.e' s.+nljnwr „l systems and the trenching, ixltink, choljng, T nr•Lliliinl , Cntry+4 }illy. I+ot „t and surfacing necessary to corrtpicte tl,r: installation of such py'p,lupra. (Authority cited: Sections 700R slid 7059 Rod ,e n .,pd Trr feu%one Cr•Jn- r.• 7059 and 7059, Business and Profiarioru Cude.) 832.35. Class C-35 -- 1'lasteling Contractur, A plAstering contractor coats surfaces jcith a IniA,uIc of c,7nd, fii'Sunl piaster, quick -lime or hydrated lime And water, or card and celrirnt mid water, or combination of such other nviterials tbgt create a I,ellnanent surface coating, including coatings for the purlx)se of sonndlttnt+fingr nncl fireproofing. These coatings are applied with a plasteler's ttottel nr cprtiyr.t over any surface which offers a Mechanical mcaris for t11e su1,1,t,1t of sup It coating, and mill adhere by suction, 'Ris contractor also imralls lath (including metal studs) or any other rmteriAl peel+alcd rn 111a0ufac11),t.1 in provide a base or bond for such crating. (AuUmrity cited: Secti„ns'1M9 -nd 70sn, Iot.F Arid 7059 and 7039, Businris and rroressinn, Code.) 832.36. Class C-36 -- Plulllbing Conlitnctur.• In structures and works uccupied by people or anin-.4 , A p}tunitjnu contractor provides a permanent fitvarys for a �!'.,^^i 1y f safr, l a;;; Afill wholesome water, ample in volume and of suitable ternpetattues fill drinking, cooking, bathing, swinuning, irrigation, tvasbing and cleaning. This classification includes: (a) Cleansing of all Waste r4-Ceprtrles and lil-c i;,en,s> fm the ieLel.tir,tl and rapid and complete removal horn the premises of nli nuid Anti seuri fluid organic wastes and other iuipwities; N Piping for a safe and adequate supply of gases and Ibltiids Fa alit Purpose in connection with the use and occupan,y t,f ?; i•;P,.,:_,_ Il as niedical, dental and i;ldusuial ptupoccs; and R 0 CSH3 RULES AND f1CGULM IONS Jt : t (c) tnstAlation of any type of rgitipntent to heat the. %intrr I„ n viliivl It• temperature for 111C purlx7wa listed atIQVC, im_ludutg St11ar. \` (Authnrity cited: Section. 7o)R and ?GIST, r!,t+;revs .n•i ro,hceicm* f vie t`-r. ^ 7058 and 7059. Busineu and rrorcr+icau C(H)e.) 832.38. Class C-38 - Ilefrig©ration Contractur. A refripratkm contractor constructs, fabricates, ercet.% in,,WK rlulinlorll% services and repairs refrigerators, tefrigcialed rcamts, And insrrlslleti refrigerated spaces, temptisrtuie insulation, air-conditioning uiiitt, dill r� blowers, registers, humidity uld thtirn!lstatic conttul8 for the conitO of air, liquid, and/or gag 1ernrrstures below fifty degrees Valurnheit OW), III h•n degrees Celsr••- (100): (Authority cited: StXonA 7WR e•1d 7M9, 11t,41"ss and rrofe..inro G••4. itercl1tv.• F-u; 7026.11, 7058 and 7059, Busiueu and rtoressiune Ccvie.) 832.39. Class C-39 -- Iloufing Contractor. A roofing contractor instAlls vwducts anti rc}rairs Sull' lm that "al, waterprrxrf and u•eatherpm,)f still(Al'i". This wolk is J.tnrolnled to fnl•vrnl water or Its dedvatives, con) ... Itlll(ti. or er)lillc r.. rr. � •'•. nit •.tin,. et,, j1 t,/„tee ti-tl and gaining access to Irultecial or space 17e)ond. In the solute of 111iv v.tvk, the contractor ezam:o^s Ar.dhlr ptep.:res surfaces Pnd uses the folk)"JI19 material, n_-Thallurn, pitch, ?,1r, felt, R1vs'^ t:,hn u,O!,sullr f.. -1, Ilea, shakes, shingles, roof tile, slate or any otherrcx,fing, %vatclprooling, weatherproofing or rnenibratte viatciial(e) or a comhitiation thereof. (Authority cited: Stctiona 7008 aret 7059, r4lsines5 and rlvf:ssiona t't•.1. r*fetal'.^ '• i.,'^• 7058 and 7059, Butinesi and Professions CoJt) 832.42. Class C-42--Sanitatiotl System Contlactuf A sanitAtioa Fy5tem contractor fatlticates and it151a118 CetFsi"n)lIt. Ftplir 10111,4, storm drains, and other sewage dispi al a(td drain structurrs. 111is classification includes the la)i.ng of cast-iron, steel, cclmfete, vittclllt: null nonvitreous pipe and any other ltard%Nare associated with lhese syslelua. (Authority cited: Sections 7o0R aml 7051, Pusine.. and rloG5siL1w c-le refelen•'• c.,I .•1.. 7058 and 7059. Rosints+and Pnlfessivnt Uvle)