KASA <
CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 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.
EXPERIENCE STATEMENT
To be responsive, the bidder must list below a minimum of three public agencies for which bidder has performed similar work within the past five years. Only projects in excess of $500,000 each qualify as similar for this project.
2. Failure to comply with Section 15, Note 1 "Qualification of Bidders" 5-year Experience Requirement
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com KASA «
CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years of experience in the magnitude and character of the work bid.
Bidder Qualifications called for to be submitted at time of bid include, but are not necessarily limited to:
1. The Contractor shall have been in business under the same name and California Contractors License for a minimum of five (5) continuous years prior to the bid opening date for this Project. The license used to satisfy this requirement shall be of same type required by the contract.
Siterep has only been in business since July 21, 2022, as shown per the CSLB issue date:
Crea
Public Meetings
DEPARTMENT OF CONSUMIR AFFAIRS
CONTRACTORS
STATE LICENSE BOARD Consumers Licensees
Applicants Or
Home / Online Services| License Details
•Contractor's License Detail for License # 1094220
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. • CSLB complaint disclosure is restricted by law (B&P 7121.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here fora definition of disclosable actions. • Onty construction related civil judgments reported to CSLB are disclosed (B&P 7071.17). • Arbitrations are not listed unless the contractor fails to comply with the terms. • Due to workload, there may be relevant information that has not yet been entered into the board's license database.
Business Information
SITEREP CONSTRUCTION SERVICES.INC
DBA SITEREP CONCRETE
301 EARROW HWY STE 105
SAN DIMAS, CA 91773
Business Phone Number: (909) 418-8690
Entity Corporation
Issue Date 07/21/2022
Expire Date 07/31/2024
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com KASA K
CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10
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.
MINIMUM QUALIFICATIONS OF BIDDERS: Prospective bidders should examine the minimum qualifications found in number 15 of the "Information for Bidders" section. pages 4 through 8. Bidders who do not meet the minimum qualifications should not submit a bid, as the bids will be considered nonresponsive.
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.
Dated: July t1, 2024
"Principal" "Surety"
Siterep Construction Services Inc.
Contractara Banting and gree pay
Adriana Valenzuela. Altd
"By: Andir Oly By:
Its: President its
•By: And Of
Its Vice-President By:
Its
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached.
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. 15148 Sierra Bonita Lane, Chino, California 91710
Phone: 909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com KASA K
CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10
3. To take affirmative steps to hire minority employees within the company.
FIRM Siterep Consturation Services Inc.
TITLE OF OFFICER SIGNING Presiden
SIGNATURE_ DATE 210/20240
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
12934921 34:
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."
15148 Sierra Bonita Lane, Chino, California 91710
Phone: 909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com KASA
CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder proposed subcontractor: u hereby cerifies that he hask has not, participated Executive unders 1005, 11, or t5%6, at do that he hat l hasnty Claused with the do by filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Sitorep Construction Serices Inc. ViE
(COMPANY)
BY, Andie Ortiz
President
(TITLE)
DATE: July 10 _ 2024.
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 6D-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1:5. (Generally, only contracts or subcontracts of $10,000 or under are exempt).
Cumently, Standard Form 100(EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contractor subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the:
Federal Highway Administration or by the Director, Office of Federal Confract Compliance, U.S.
Department of Labor
12434421
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. 15148 Sierra Bonita Lane, Chino, California 91710
Phone: 909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com KASA K
CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10
CITY OF
DIAMOND BAR
CALIFORNJA
DEPARTMENT OF PUBLIC WORKS
OFFICIAL NOTICE
Maple Hill Park Improvement Project
CIP# FP23506D
ADDENDUM NO. 1
The following changes to the comract documents specitications, and plans for the above project shall be incorporated into the Request for Bids (RFB).
The Contractor shall sign this page asacknowledgement of receiptof Addendum Na. and allach it to the bid.
→ 07/03/2024
David G: Liv, P.E Date
Director of Public Works/City Engineer
Contractors Authorized Signature
Diana Kasbar, President:
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 84104).
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com KASA
CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 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 risor should by abe xperienced by the uid as a sir Construction Inc, and this eror and 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,
Ater
Hector Zavala
Estimator
KASA Construction, Inc.
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com