Center for the Performing Arts
Chiller, Cooling Tower and Boilers Replacement
Location Map
Not to Scale
Attachment A - Location Map
10087 - CENTER FOR THE PERFORMING ARTS
CHILLER, COOLING TOWER AND BOILER REPLACEMENT
PROJECT SITE:
255 S. Almaden Blvd,
San Jose, CA 95113
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
EXHIBIT 1
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
EXHIBIT 2
Attachment B – Protest submitted by Environmental Systems, Inc.
Q&A Board
View Bid Detail
Solicitation Number PW 10087
Solicitation Name Center for the Performing Arts Chiller, Cooling Tower, and Boilers Replacement Solicitation Type RFB
Published Date 05/21/2025
Site Meeting R05/29/2025 09:00:00 AM PT
R06/06/2025 09:00:00 AM PT
Closing Date 06/26/2025 11:00:00 AM PT
Status Revised
Question Deadline 06/19/2025 11:00:00 AM PT
Intent to Respond R06/19/2025 11:00:00 AM PT
Question(s) from Suppliers
When the online Q & A Board is activated it means the Agency is accepting questions or inquiries from suppliers directly through Biddingo.com.
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It is at the Agency’s sole discretion to respond to individual question, and make the response public or issue an addendum/amendment to formally address all the questions. Add New Question
45 M-405 Detail 5
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 10:47:42 PT On M405 detail 5 shows stainless-steel wire rope are these new? Are these stainless-steel wire rope new on the 14” flue inside the 20” flue? if these stainless-steel wire ropes are existing on the 20” flue or new on the 20” flue what is to support the new flue?
Detail 5 on drawing M405 has been revised to indicate these wire ropes to be new by contractor. As shown on detail 5, the wire ropes are to support the new 14" dia flue. Refer to Addendum 2 issued on 6/18/2025 for latest flue dimensions.
Don Savage, City of San José - Public Works 06/23/2025 09:25:39 PT 44 M-405 Detail 5
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 10:38:16 PT On M405 detail 5 shows Stainless steel wire rope (by others). Are these existing on the 20” sheet metal boiler flue? 6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 1/13 Attachment B – Protest submitted by Environmental Systems, Inc.
These stainless steel wire ropes are new provided by the contractor. The tern by others has been deleted. See Addendum
3. Don Savage, City of San José - Public Works 06/23/2025 09:25:19 PT 43 Existing Louver Clarification
Owner does not want to disclose company name.
Please provide clarification on the dimensions of the existing louver above the door frame.
Sheets M102, M102-Alt 1, M201, and M201-Alt1 have been revised to show existing 95x83 louver dimension above door.
See Addendum 3.
Don Savage, City of San José - Public Works 06/23/2025 09:24:53 PT 42 Flue Dimensions
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 10:34:28 PT Are the dimensions of the new flue pipe ID or OD?
The new flue pipe is I.D.
Don Savage, City of San José - Public Works 06/23/2025 09:24:22 PT 41 Flues
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 10:31:13 PT Is the 20” existing flue size ID or OD?
The existing flue is 20" O.D.
Don Savage, City of San José - Public Works 06/23/2025 09:23:52 PT 40 Unitary Controllers
Owner does not want to disclose company name.
Please confirm if the Unitary Controllers should be BACnet or LonWorks controllers. Specification 23 09 00 seems to indicate both.
6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 2/13 Attachment B – Protest submitted by Environmental Systems, Inc.
The Unitary Controllers communication protocol shall be compatible with the Distech control system Don Savage, City of San José - Public Works 06/23/2025 09:22:56 PT 39 DCW Valve at Cooling Tower
Owner does not want to disclose company name.
Drawing M503 shows new 4” DCW valve / Drawing M402 detail 5 picture note states existing DCW valve to remain. If it is to be replaced, is there an isolation valve upstream or do we need to shut down water to the whole building?
Existing 4" water valve shall be demolished and replaced. Flow diagrams on sheets M503 and M503-Alt1 have been updated to specify new 4" domestic cold water valve type. Detail 5/M402 has been updated to show the revised point of connection. Coordinate building water shut-down to occur during electrical shut-down. See Addendum 3.
Don Savage, City of San José - Public Works 06/23/2025 09:22:00 PT 38 Section 22 05 00
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 10:09:21 PT Specs 22 05 00 part 3.7 Item C. Painting states “Equipment in finished areas that will be painted to match the room décor will be painted by others. Should this Contractor install equipment in a finished area after the area has been painted, the Contractor shall have the equipment and all its supports, hangers, etc., painted to match the room décor.” Question 1. Where is the application of this statement or where is the finished area? Question 2. If applicable, any timeline on when the room décor painting subcontractor(by others) will be done?
Specification section referring to equipment in finished areas has been removed from specifications. See revised specification section.See Addendum 3.
Don Savage, City of San José - Public Works 06/23/2025 09:21:24 PT 37 Web-based Project Software
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 09:41:33 PT Please confirm if we can omit extra cost and fees required for web-based project software per 23 05 00 section 1.8.
Web based project software must be included in project as specified.
Don Savage, City of San José - Public Works 06/23/2025 09:20:51 PT 36 Estimated Start date
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 09:40:30 PT Please provide a estimated start of construction date.
6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 3/13 Attachment B – Protest submitted by Environmental Systems, Inc.
The target date to issue a notice to proceed (NTP) after contract award is in September 19 2025. The selected contractor may start working on this project 11 days after the NTP. The proposed dates are subject to change.
Don Savage, City of San José - Public Works 06/23/2025 09:20:21 PT 35 Section 23 05 00
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 09:39:42 PT Is overtime required for chilled water hoses and supports above driveway per spec section 23 05 00, or will this area be closed off for traffic for a limited time?
Installation of temporary chilled water piping shall be scheduled with the Center for Performing Arts and will be scheduled during contractor working hours.The Driveway will be closed to traffic for a limited time.
Don Savage, City of San José - Public Works 06/23/2025 09:19:12 PT 34 Permit Fees
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 09:38:59 PT Is the contractor responsible for all permits, fees and inspection fees?
Contractor is NOT responsible for permit and inspection fees.
Don Savage, City of San José - Public Works 06/23/2025 09:16:22 PT 33 Boiler & Chiller
Heidi Bucio, Environmental Systems, Inc. 06/19/2025 09:38:18 PT Please clarify the engineer considers all local and state codes regarding boiler and chiller unit to be placed in same room. In some cases a one-hour fire barrier is required to separate them from the building.
Codes regarding this installation has been reviewed and approved as shown on contract documents.
Don Savage, City of San José - Public Works 06/23/2025 09:15:51 PT 32 Alternate Equipment
Owner does not want to disclose company name.
Will alternate equipment be accepted?
6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 4/13 Attachment B – Protest submitted by Environmental Systems, Inc.
Substitution requests will be considered after contract award. Please reference section 01 60 00 of Addendum No.2.
Don Savage, City of San José - Public Works 06/23/2025 09:13:05 PT 31 Pre-Balance
Owner does not want to disclose company name.
Will preliminary hydronic balance be required in addition to the final balance?
Preliminary balancing scope is shown on details 2 and 3 on drawing M403.
Don Savage, City of San José - Public Works 06/23/2025 09:12:40 PT 30 Water Flush
Owner does not want to disclose company name.
Will water flush be required before balancing the system?
Cleaning and flushing of the closed loop systems shall be provided per specification section 23 25 00.
Don Savage, City of San José - Public Works 06/23/2025 09:11:19 PT 29 Firestop Clarification
Owner does not want to disclose company name.
9. Please confirm if UL-listed penetration firestop systems are required for all new pipe/conduit penetrations through the rated mechanical room walls and ceilings.
Mechanical room penetration requirements are listed on drawing M201 and 201A General note 18 Don Savage, City of San José - Public Works 06/23/2025 09:03:34 PT 28 Temporary Fencing
Owner does not want to disclose company name.
8. Please clarify the exact standards and required dimensions/materials for temporary fencing for this site?
A chain link fence with black private screen, to enclose the temporary equipment per M100. Refer to spec 01 11 00 Part 6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 5/13 Attachment B – Protest submitted by Environmental Systems, Inc.
1.03, paragraph 9, for additional downtown guidelines.
Don Savage, City of San José - Public Works 06/23/2025 09:02:13 PT 27 Work During Events
Owner does not want to disclose company name.
7. What is the decibel threshold allowed for “noisy work” within the mechanical room during events?
Second response at 12:00:21 PM pertains to Question #28.
Don Savage, City of San José - Public Works 06/23/2025 09:01:57 PT
A chain link fence with black private screen, to enclose the temporary equipment per M100. Refer to spec 01 11 00 Part
1.03, paragraph 9, for additional downtown guidelines.
Don Savage, City of San José - Public Works 06/23/2025 09:00:21 PT
There no specific decibel levels restrictions, however noise levels on event days will required pre-approval as per construction documents prior performing work.
Don Savage, City of San José - Public Works 06/23/2025 08:59:45 PT 26 Water Treatment & Chemical Feed
Owner does not want to disclose company name.
6. Will water treatment and chemical feed systems be part of this project scope or retained by owner?
Chemical Treatment is part of this project scope as specified in specifications section 23 25 00 Don Savage, City of San José - Public Works 06/23/2025 08:59:26 PT 25 VFD Requirements
Owner does not want to disclose company name.
Are there approved manufacturers or required specifications for VFDs on pumps and cooling tower fans?
See specification section 26 29 23 for VFD specifications and VFD schedule on drawing E601 Don Savage, City of San José - Public Works 06/23/2025 08:58:44 PT 6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 6/13 Attachment B – Protest submitted by Environmental Systems, Inc. 24 Controls Clarification
Owner does not want to disclose company name.
Will the new Distech Controls DDC system interface with any remaining legacy pneumatic components, or is the transition to digital complete?
The new control systems shall be complete DDC systems replacing existing pneumatic systems for the mechanical systems included in the project scope. These systems will be DDC/electric as shown on the control diagrams.
Don Savage, City of San José - Public Works 06/23/2025 08:57:43 PT 23 Materials Survey Question
Owner does not want to disclose company name.
Can the owner provide a hazardous materials survey to confirm quantities, pipe locations, and material type for abatement for the entire site?
The hazardous material survey is included in the specifications, see project manual Volume 2/Div.2, section 02 41 00. The survey identifies material type for abatement in the area of the scope of work. Contractor shall review plans carefully in conjunction with section 02 41 00. Abatement is NOT required for the entire site.
Don Savage, City of San José - Public Works 06/23/2025 08:57:01 PT 22 HazMat Inspection Clarification
Owner does not want to disclose company name.
What is the protocol and estimated lead time for coordinating the required HazMat inspection with the City of San Jose Fire Department?
Refer to the San Jose Fire Plan Check Directive, the contact information is listed to call for inspections. Inspections shall be scheduled a minimum one week in advance.
Don Savage, City of San José - Public Works 06/23/2025 08:56:21 PT 21 Work Hour & Noise Clarification
Owner does not want to disclose company name.
Will night/weekend work outside the mechanical room require additional permitting or noise mitigation?
6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 7/13 Attachment B – Protest submitted by Environmental Systems, Inc. night/weekend work outside of mechanical will not required additional permits, other than the permits included in section 01 11 00.
Don Savage, City of San José - Public Works 06/23/2025 08:55:43 PT 20 RFI: Center for the Performing Arts Chiller, Cooling Tower, and Boilers Replacement
Owner does not want to disclose company name.
RFI Document Attached For Posterity
Attachment
Name Description
RFI_Center for the Performing Arts Chiller_
Cooling Tower_ and Boilers Replacement.pdf
RFI_Center for the Performing Arts Chiller_ Cooling Tower_ and Boilers Replacement
See responses to each individual question 21 to 31 submitted separately which are the same questions submitted in this attachment.
Don Savage, City of San José - Public Works 06/23/2025 08:55:12 PT 19 Main Switchboard (MDS) Clarification
Owner does not want to disclose company name.
The basis of design for the main switchboard is based on Eaton gear.
Eaton has indicated that they do not manufacture switchboards in Nema 12 style. The plans and specifications indicate that main switchboard (MDS) is to be Nema 12.
Please clarify if Nema 3R is acceptable as this is what Eaton can provide.
Eaton offers a NEMA 1 enclosure with gasketing. This gasketing provides the necessary protection from dust, dirt, and limited moisture, making it an acceptable solution for this application. The dimensions of the switchboard must be as close to the design to meet the clearance requirements in the limited space. See Addendum No. 3.
Don Savage, City of San José - Public Works 06/23/2025 08:54:07 PT 18 Equipment Disconnect Clarification
Owner does not want to disclose company name.
The schedule on E601 shows the disconnects for the various equipment, but under "required accessories and options", it describes equipment typically found in a motor starter disconnect.
The process flow diagram on M504 shows CWP-1, 2 and CT-1 having VFDs. There's also a VFD schedule on E601 which confirms this.
The VFD schedule does indicate a "drive bypass", which typically is to go from VFD control to across the line starters. 6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 8/13 Attachment B – Protest submitted by Environmental Systems, Inc.
Please clarify if the local disconnecting means for CWP 1 and 2 and CT-1 should be a standard disconnect, or a motor starter disconnect.
Disconnect switches for CWP-1, CWP-2 and CT-1 are standard disconnect switches with auxiliary contact required for interlock with VFD. These disconnects are not motor starter disconnect, the VFD will serve as the motor starter for the pumps and cooling tower. The disconnect switches are required to meet NEC 110.29 requirement.
Elizabeth Vargas, City of San José - Public Works 06/18/2025 11:05:52 PT 17 Substitution Boiler Brand
Heidi Bucio, Environmental Systems, Inc. 06/16/2025 10:00:43 PT Please confirm if ok to substitute the attached boiler brand? Attachment
Name Description
Lochinvar Crest Boiler Submittalz.pdf Lochinvar Crest Boiler Submittalz
Substitution requests will be considered after contract award. Please reference section 01 60 00 of Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 12:37:41 PT 16 Alternate Acceptable Equipment
Owner does not want to disclose company name.
Please see attached as recommended acceptable alternates to the equipment shown on the plans. Please advise if these alternates are acceptable
Attachment
Name Description
25-6-
11_SJ_PERFORMING_ARTS_RFI_QUESTIONS.xlsx
25-6-11_SJ_PERFORMING_ARTS_RFI_QUESTIONS
Substitution requests will be considered after contract award. Please reference section 01 60 00 of Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 12:38:38 PT 15 Section 23 21 14
Heidi Bucio, Environmental Systems, Inc. 06/11/2025 09:34:56 PT Please specify the acceptable brand and manufacturer of pre-insulated underground piping servicing heating hot water pipe per section 23 21 14 par t 2.03.
6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 9/13 Attachment B – Protest submitted by Environmental Systems, Inc.
There are no underground piping for heating hot water system. Please see Addendum No. 2. Underground piping sections/parts are removed.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 12:36:46 PT 14 Boiler
Heidi Bucio, Environmental Systems, Inc. 06/11/2025 08:38:39 PT Can we substitute the boiler?
Attachment
Name Description
ESI - Center of the Perfoming Arts Laars
Substitution Request.pdf
ESI - Center of the Perfoming Arts Laars Substitution Request
Substitution requests will be considered after contract award. Please reference section 01 60 00 of Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 12:35:01 PT 13 CS/CR Pipe Sizing on M201-ALT1 Vs. M503-ALT1
Owner does not want to disclose company name.
CS/CR pipe sizing is shown differently on M201-ALT1 Vs. M503-ALT1. Shown as 8" for both chillers on M201-ALT1 and 6" for both chillers on M503-ALT1. Furthermore CS piping out of the tower is shown as 10" on M503-ALT-1 whereas on M201-ALT1 it is shown as 8". Please specify correct pipe sizes.
Please see Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 11:47:33 PT 12 CWS/CWR Pipe Sizing on M201 Vs. M503
Owner does not want to disclose company name.
CWS and CWR pipe sizes differ on M201 and M503. Please confirm that the CWS/CWR piping will be 6" and not 8"
Please see Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 11:47:11 PT 11 6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 10/13 Attachment B – Protest submitted by Environmental Systems, Inc.
Estimated Construction Schedule
Heidi Bucio, Environmental Systems, Inc. 06/09/2025 08:36:37 PT Please publish a estimated construction schedule for the project for rental durations.
Please refer to specification section 011100, Part 1.03, paragraph 7.
Elizabeth Vargas, City of San José - Public Works 06/12/2025 13:23:02 PT 10 Questions Regarding Water Treatment Scope
Owner does not want to disclose company name.
For the automation system, do you have any brand or model preferences for components such as controllers, pumps, tanks, etc.? Additionally, should we plan for single or dual biocide feed? Would you like us to include a proposal for an ongoing service contract, including monthly chemical supply and water testing? For the boiler and chiller systems, would you like a quote to replace the existing 5-gallon bypass feeders (Vector model FA-1000AL- TC)?
"cleaning" for the condenser means a passivation process for the tower?
1. Existing automated Garratt Callahan chemical treatment system shall be existing to remain. The only scope of work associated to chemical feed system to the tower is reconnecting the feed pipe to the new tower. The existing chem treatment is a single biocide feed which will be maintained as existing. Please refer to Addendum No. 2. Floor plans and details have been updated to show water softener scope of work. Specification section 22 30 00 is also added for water softener system. See updated revised drawings for new makeup water meter requirements with BMS capability for chilled water and heating hot water system.
2. Ongoing service contract will not be part of the construction scope.
3. Mechanical drawings show the chemical pot feeder manufacturer and brand. Prime contractor for the project shall provide the same or approved equal.
4. Passivation for BAC cooling tower is not required because the tower will be full 304 stainless steel construction. Please see Addendum No.2 and refer to section 23 25 00 for chemical water treatment requirements.
Elizabeth Vargas, City of San José - Public Works 06/18/2025 11:22:06 PT 9 Onsite Water Treatment Vendor
Owner does not want to disclose company name.
Please provide company and contact information for the existing onsite water treatment vendor.
Vendor: Garratt Callahan, Contact Mike Bauman (650) 201-3096 Elizabeth Vargas, City of San José - Public Works 06/12/2025 15:22:53 PT 6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 11/13 Attachment B – Protest submitted by Environmental Systems, Inc. 8 Onsite Roofing contractor
Owner does not want to disclose company name.
Please provide contact information for the preferred onsite roofing contractor.
Roofing Vendor: Statewide roofing, Contac: Rich Whitmer (408) 772-8916 Elizabeth Vargas, City of San José - Public Works 06/12/2025 15:22:27 PT 7 Natural gas PRV
Owner does not want to disclose company name.
Please provide manufacturer and specs for natural gas PRV pertaining to the boilers.
Please see Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 12:34:28 PT 6 Gas Vent Piping from Boiler Gas PRV
Owner does not want to disclose company name.
Please specify if black steel piping is to be used for the vent piping associated with the natural gas PRVs
Please see Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 11:44:14 PT 5 Plumbing Piping Specifications for Domestic Water line Rework Owner does not want to disclose company name.
Currently there are no plumbing piping specifications shown for the material to be installed after the domestic water line is demoed. Please specify what type of material is to be used for the various pipe sizes pertaining to the Domestic Water Line Rework.
Please see Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 11:38:52 PT 4 Equipment
Heidi Bucio, Environmental Systems, Inc. 06/02/2025 08:40:36 PT 6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 12/13 Attachment B – Protest submitted by Environmental Systems, Inc.
3. Are there acceptable substitutions for the scheduled equipment?
Substitution requests will be considered after contract award. Please reference section 01 60 00 of Addendum No.2.
Elizabeth Vargas, City of San José - Public Works 06/17/2025 12:33:47 PT 3 Controls
Heidi Bucio, Environmental Systems, Inc. 06/02/2025 08:40:07 PT
2. Please provide the name and contact for the controls vendor associated with this site.
Controls Vendor: Emcor, Contact: Stephen Chin (510) 755-2304 Elizabeth Vargas, City of San José - Public Works 06/12/2025 15:21:43 PT 2 Grass
Heidi Bucio, Environmental Systems, Inc. 06/02/2025 08:36:16 PT
1. Please clarify if we are responsible for restoring the grass in the temp chiller laydown area as a result of SJ water shutting off the irrigation in this area.
Restoring the grass is not the responsibility of the contractor.
Elizabeth Vargas, City of San José - Public Works 06/12/2025 13:42:11 PT 1 Additional Site Walk for Week of 06/02 or 06/09
Owner does not want to disclose company name.
Could we please schedule an additional walk for the week of 06/02 or 06/09? Walk will allow contractors the opportunity to view any additional items as they are going through the bidding process.
Please see Addendum No.1.
Elizabeth Vargas, City of San José - Public Works 05/30/2025 12:31:55 PT © 2025 City of San José. All Rights Reserved. Powered by Biddingo.com.
Biddingo Terms & Conditions
6/23/25, 11:17 AM City of San José :: Bid Details
https://www.biddingo.com/sanjose/bid/1/41205949/40490428/bid/qna 13/13 Attachment B – Protest submitted by Environmental Systems, Inc.
EXHIBIT 3
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
EXHIBIT 4
Attachment B – Protest submitted by Environmental Systems, Inc.
Confidentiality notice: This document and any attachments thereto, regardless of form or medium, may contain legally privileg ed and/or confidential, copyrighted, trademarked, patented or otherwise restricted information viewable by the intended recipient only.
Presented to:
Heidi Bucio
Bid Coordinator
Environmental Systems, Inc.
3353 De La Cruz Blvd.
Santa Clara, CA 95054
Phone: 408-980-1711 #159
Email: [email protected]
Prepared by:
Brett Morgan
Automation Estimator
Mesa Energy Systems, Inc.
14450 Doolittle Drive
San Leandro, CA 94577
Phone: 510-673-5301
E-mail: [email protected]
June 25, 2025
Proposal #25-58463
San Jose Center for the Performing Arts
Distech Controls Proposal
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 2
EMCOR Services, Mesa Energy Systems Inc. is pleased to present this proposal for the Building Automation System (BAS) system at the San Jose Center for the Performing Arts Chiller, Cooling Tower, and Boiler Replacement project.
This proposal is based on the following;
• Site walk performed on 5/29/25
• Mechanical drawings dated 5/12/25
• Specifications dated May 12, 2025
• Addenda 1, 2 and 3.
The scope of work includes the following:
• The HVAC Building Automation System (BAS) shall be Distech Controls. o Mesa to provide temperature control panels (TCP), controller hardware, sensors and devices, programming, graphics, startup and commissioning.
o Mesa to install controller hardware, sensors and devices. o Furnish and install required low voltage control wiring and BACnet communication cabling. o Furnish and install required conduit, raceways and supports. ▪ Conduit installed indoors will be EMT conduit.
▪ Conduit installed outdoors will be RMC conduit.
o Provide submittals, engineered drawings and O & M manuals o Provide programming, point-to-point checkout, start-up and commissioning. o Div. 26 Electrical contractor to provide required 120VAC circuit for each TCP. o Mechanical contractor shall provide startup and commissioning assistance. • IT infrastructure shall be provided by owner for connection to these devices.
The following represents a detailed scope of work and our understanding of the project documents:
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 3
BASE SCOPE OF WORK
The Base Scope of Work includes controls for (1) Chiller and (1) Cooling Tower, (1) Refrigerant Monitoring System, (1) Supervisory Controller and integration to the San Jose BMS Server. • Supervisory Controller
o Furnish and install (1) new Distech Controls JACE Supervisory Controller, per specifications, within a new Temperature Control Panel (TCP), for integration of the new controls to the existing San Jose Distech Controls Server.
▪ The new JACE controller will be provided with licensing to accommodate the Base Scope of Work.
▪ Includes Software License to expand the San Jose Distech Controls Server to integrate the new JACE.
▪ The TCP will include a UPS power supply per specifications. o Furnish (1) new Workstation Computer for local access to the control system per specifications. ▪ The new Workstation Computer will be installed within a new Global Industrial Workstation per specifications.
▪ Access to the Distech Controls system will be through Ethernet connection. The Server software is existing on the San Jose server and not hosted locally at the Center for Performing Arts.
• Chiller Controls
o Furnish and install (1) Distech Controls BACnet controller for control and monitoring of (1) Chiller and (1) Cooling Tower.
▪ Provide Temperature Sensor Wells, Flow Meters, Valves, and Differential Pressure Sensors per Addendum 2 Control Diagram Sheet M504.
• These devices to be installed by the Mechanical Contractor. ▪ Furnish and install Temperature Sensors, Current Switches and Relays per Sheet M504. ▪ Furnish and install BACnet MS/TP cabling to the Chiller, Pump and Fan VFD’s for integration to the BMS.
▪ Furnish and install conduit and low voltage control wiring for the control points identified in the project drawings.
• Conduit installed within the Mechanical Room will be EMT, conduit installed outdoors will be RMC.
▪ Provide Demolition of the existing Chilled Water system controls.
• Refrigerant Monitorng System
o Furnish and install (1) new Bacharach Multi-Zone Refrigerant Monitoring system per Sheet M201 Keynote 8.
▪ Furnish and install sensors, strobes, switches and other devices per Sheet M201. ▪ Furnish and install conduit and wiring as required.
▪ Refrigerant Monitor to control EF-1.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 4
Programming, Graphics, Commissioning and Owner Turnover
• Sequence of Operation/Programming
o Provide programming to meet the Sequence of Operation per Sheet M504. ▪ Programming will reside on the local controller and not on the BMS server.
• Graphics
o Furnish graphics for above mechanical equipment and floor level navigation to respective equipment.
▪ Prior to graphics creation a meeting will be held with the Owner to develop a graphic submittal package for approval.
▪ Graphics will be hosted on the San Jose Distech Server .
• Commissioning
o Provide point to point checkout report for the above controlled equipment. o Provide labor to demonstrate system functionality to building owner/operator for system acceptance.
o Provide (16) hours of 3rd Party Commissioning Assistance
• Training
o Provide (4) hours training to the Balance Contractor per specifications. o Provide (16) of Operator Training per specifications.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 5
ALTERNATE 1 SCOPE OF WORK
The Alternate 1 Scope of Work includes controls for (1) Additional Chiller and (2) Boilers, including integration to the San Jose BMS Server.
• Chiller Controls
o Furnish and install Distech Controls Input/Output Modules to expand the Base Scope controller for control and monitoring of (1) additional Chiller.
▪ Provide Temperature Sensor Wells, Flow Meters Valves, and Differential Pressure Sensors per Addendum 2 Control Diagram Sheet M504-ALT1.
• These devices to be installed by the Mechanical Contractor. ▪ Furnish and install Temperature Sensors, Current Switches and Relays per Sheet M504- ALT1.
▪ Only those devices that are specific to Chiller 2 are included in this scope, all others are included in the base scope.
▪ Furnish and install BACnet MS/TP cabling to the Chiller, Pump and Fan VFD’s for integration to the BMS.
▪ Furnish and install conduit and low voltage control wiring for the control points identified in the project drawings.
• Conduit installed within the Mechanical Room will be EMT. ▪ Furnish and install (2) additional Refrigerant Sensor Probes per Sheet M504-ALT1.
• Boiler Controls
o Furnish and install (1) Distech Controls BACnet controller for control and monitoring of (2) Heating Water Boilers.
▪ Provide Temperature Sensor Wells, Flow Meters Valves, and Differential Pressure Sensors per Addendum 2 Control Diagram Sheet M505-ALT1.
• These devices to be installed by the Mechanical Contractor. ▪ Furnish and install Temperature Sensors, Current Switches and Relays per Sheet M505- ALT1.
▪ Furnish and install BACnet MS/TP cabling to the Boiler Plant Controller and Pump VFD’s for integration to the BMS.
▪ Furnish and install conduit and low voltage control wiring for the control points identified in the project drawings.
• Conduit installed within the Mechanical Room will be EMT. ▪ Install the Factory provided Boiler sensors and valves per Sheet M505-ALT1. • Includes provision of conduit and wire only. Devices by others. ▪ Provide and install devices, conduit and wire required for the Boiler Emergency Power Off controls per Sheet M505-ALT1 Detail 2.
• Assumes any Fire Alarm related contacts and wiring to be provided by the Fire Alarm Contractor.
• Any Carbon Monoxide sensors or wiring are excluded.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 6
Project Responsibility Matrix
Task Mesa Mechanical Electrical
Supply and Install low voltage control wire X
Install all low voltage control conduit X
Terminate low voltage control wiring X
Install mech. field devices X
Build TCP panels X
Mount TCP panels X
Provide power to panels X
Provide engineered drawings X
Program X
Start up and Commission X X X
Project Specific Assumptions, Clarifications and Exclusions:
1. Assumes all mechanical equipment is functional and in good working order.
2. Test and Air Balance is specifically excluded, but can be provided as an alternate price.
3. Pricing is based on having “free and clear” access to all work areas.
4. Provision or installation of any fire/life-safety equipment is excluded unless otherwise mentioned above.
5. 120V power wiring is not included.
6. Provision of control for any equipment, other than those outlined in the above proposal, is excluded.
7. Pricing is based up having a reasonably leveled schedule; work is considered sequential, not concurrent.
8. Bonds, permits parking fees, utility fees, temporary power and lighting are excluded but may be obtained for an additional fee.
9. All dumpster fees, any and all asphalt or concrete cutting, breaking, removal or patching, sealing of roof penetrations and/or repairs to existing roofing systems is excluded.
10. Any and all labor and/or material associated with layout, coring, X-ray, cutting , framing, patching, painting, removal/repair of existing ceilings, walls, floors as required for controls installation is excluded.
11. Any and all 3D BIM/Revit modeling and/or CAD design services is excluded.
12. Any and all labor and/or material for tamper proof covers and or security covers for temperature sensors is excluded.
13. Any and all work in areas containing Asbestos or Lead is excluded until materials have been removed or encapsulated.
14. Accelerated construction schedule is excluded.
15. All labor is bid based on work being performed during normal working hours. After hours and weekend work is excluded.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 7
Inclusions, Exclusions & Project Clarifications
Checked items below are included in this proposal; non-checked items are excluded.
Engineering, Permits & Bonds
Mechanical Engineering Structural Engineering
Electrical Engineering Plan Check Fees
Mechanical Permits Electrical Permits
Structural Permits Street Closure Permits
Performance Bond Architectural Drawings
Rigging and Specialty Rentals
Rigging Scissor Lift as Required
Helicopter Other:
Additional Services
Comfort Air Balance Certified Air Balance
Water Balance Certified Water Balance
Recover Refrigerant Per EPA Guideline Dispose of old Equipment Project to be Performed at the Below Listed Times
Normal Business Hours (M-F 7 am to 5 pm) X Overtime (non-Normal Business Hours) Normal Hours and Overtime Other:
Specialty Trades
Electrical Abatement
Framing of Curbs & Openings Duct Cleaning
Re-roofing Seismic Upgrades
Insulation of New Ducting (As Required) Insulation of New Piping (As Required) Coring X-Ray Prior to Coring
Project Completion
Start Up and Commissioning X Factory Start Up
Operation & Maintenance Manuals in electronic format X As Built Drawings in electronic format X Additional Components
New Programmable Digital Thermostat EMCOR Retains All Salvage Rights Smoke Detectors in Supply Duct Smoke Detectors Return Ducts Warranties
90-Day Labor and Materials from Date of Beneficial Use
One (1) year Labor and Materials from Date of Beneficial Use X Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 8
General Project Clarifications
Concealed Conditions
If concealed or unknown conditions of an unusual nature which affect the performance of the work are encountered below the roof line or above the ceiling or in an existing part of the building other than the work, which conditions are not ordinarily found to exist or which differ materially from those generally recognized as inherent in work of the character provided for in this Agreement, notice by the observing party shall be given promptly to the other party, if possible before conditions are disturbed and in no event later than fourteen days after first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim made within fourteen days after claimant becomes aware of the conditions.
Regulatory Changes
Mesa Energy Systems Inc. shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws or regulations subsequent to the execution of this Agreement.
Hazardous Materials
Customer hereby agrees to indemnify, defend and hold harmless Mesa Energy Systems, Inc. and its agents, employees, consultants and subcontractors from and against any claim, damage, allegation, suit, cause of action, cost, loss, expense or injury in connec tion with Hazardous Materials not introduced to the Project by the Indemnified Parties, including, without limitation, all costs of remediation, experts, consultants or other costs in connection with Hazardous Materials associated with the Project.
Unforeseen Conditions
Customer understands and agrees that Mesa Energy Systems, Inc. shall not be liable for added costs or time delays caused by unforeseen conditions at the Project, including, without limitation, unanticipated rerouting of existing piping, fire sprinklers or gas piping. In the event that the fire sprinklers, water, electrical conduit or gas piping are required to be relocated, Mesa shall not be responsible for such work. Mesa Energy Systems, Inc. or a subcontractor under the control and supervision of Customer shall perform such work.
NFPA 70E
Mesa technicians are trained to understand the specific hazards associated with electrical energy according to NFPA 70E, Standard for Electrical Safety in the Workplace. They are trained in safety -related work practices and procedural requirements as nece ssary to provide protection from the electrical hazards associated with their respective job or task assignments. Documented safe work practices include lockout/tagout and energy isolation. Category 2 personal protective equipment is issued for electrical hazards while working on voltages between 50 and 480 volts. Mesa's policy is to remove the energized electrical hazard by working on de -energized circuits and by using the written lockout/tagout policies and procedures when feasible.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 9
Licenses
Mesa Energy Systems, Inc. holds the following licenses:
Supply Chain
The parties understand and agree that (i) there are current issues with the manufacture and supply of various materials and equipment (all, collectively, “Goods”), which issues generally are referred to as “supply chain disruption” (“Disruption”), (ii) the Disruption arises from a variety of global, national, and local factors, all of which are beyond the control of Mesa Energy Systems, and (iii) the Disruption has impacted suppliers’ ability to provide Goods by dates certain, in the quantities ordered, and /or for the specified price.
This proposal is conditioned on Mesa Energy Systems, Inc. confirming the price, delivery time, and availability of goods with Mesa Energy System’s subcontractors, vendors, and/or suppliers at the time when Mesa Energy Systems, Inc. and customer are ready t o enter a final contract for the proposed work. Mesa Energy Systems, Inc. reserves the right to (i) adjust the proposal price and schedule in the final contract if needed due to such confirmation, and (ii) condition the final contract on, and include in it, any reservations and/or limitations that Mesa Energy Systems Inc. must accept from its subcontractors, vendors, and/or suppliers to obtain any goods.
To the extent this quotation/proposal includes materials, products, and/or equipment that are manufactured, produced, assembled in, or otherwise originate from, a country other than the United States, the price set forth herein for such items is guaranteed for a period of 30 days from the date of this quotation/proposal. After such time, Mesa Energy Systems, Inc. reserves the right to increase the price set forth herein for such items when the parties enter a contract for the work or when Mesa Energy Syste ms, Inc. actually orders such items, whichever the later, to reflect the then-current price of such items, as such
STATE LICENSE NUMBER CLASSIFICATIONS
Arizona ROC 350025 C-4
Arizona ROC 322130 C-77
Arizona ROC 244611 C-39
Arizona ROC 292050 CR-16
Arizona ROC 279512 C-77
Arizona ROC 294369 KB-1
California 611215 B, C-4, C-7, C10, C20, C36, C38, C46
Nevada 0079466 B-2
Nevada 0073520 C-21
Nevada 0083284 C-2A, C-2D
Nevada 0085759 C-1
Washington MESAEES777CH HVAC/RFRG, MAINTENANCE
Washington MESAEES770QF GENERAL
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 10
pricing may be affected by market conditions including, but not limited to, tariffs, quotas, and/or duties. The parties agree that the pricing for such items in this quotation/proposal is guaranteed only for such time, and Customer assumes the risk of any such price increases for such items after such time. If Customer fails to sign this quotation/proposal within 30 days from the date of this quotation/proposal, this quotation/proposal shall be deemed void, withdrawn, and canceled.
Any contract concerning this proposal shall include the following:
The parties understand and agree that (i) there are current issues with the manufacture and supply of various materials and equipment (all, collectively, “Goods”), which issues generally are referred to as “supply chain disruption” (“Disruption”), (ii) the Disruption arises from a variety of global, national, and local factors, all of which are beyond the control of Mesa Energy Systems, and (iii) the Disruption has impacted supplier’s ability to provide Goods by dates certain, in the quantities ordered, and /or for the specified price.
And, to the extent Mesa Energy Systems’ supplier(s) are unable to meet their obligations to Mesa Energy Systems solely due to the Disruption, Mesa Energy Systems (i) shall not be deemed in breach of contract or otherwise assessed costs or damages arising from the Disruption and (ii) shall be entitled to (a) an equitable extension of time and (b) an increase in the contract price for Goods.
Credit Card Payment
A credit card surcharge of 3.00% will be charged at checkout automatically for all payments initiated via www.PayEMCOR.com. You may avoid this fee and pay via check or ACH instead. To make a payment by credit card, please go to www.payemcor.com. Enter the following 3-digit code: 778 into the “ID code” field, and Mesa Energy Systems will appear on the right -hand side of the screen. Enter your credit card and payment details as directed on the screen to complete the payment.
Transfer of Liability and Maintenance Responsibility
Upon substantial completion of the project and delivery of the computer equipment to the Customer, all liability for the computer equipment and related security shall transfer to the Customer. The Customer acknowledges and agrees to assume full responsibil ity for the ongoing maintenance, including but not limited to security updates, of the computer equipment. The Subcontractor shall not be held liable for any damages, losses, or cyber attacks resulting from the Customer's failure to properly maintain or update the computer equipment. The Customer's obligation to maintain the equipment in accordance with industry standards is essential to ensure its security and functionality.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 11
Terms and Conditions
1. Contractor will perform the services (“Services”) set forth in the attached proposal (“Proposal”).
2. Contractor will perform the Services during normal working hours, Monday through Friday, unless specified otherwise in writin g by Contractor. If Customer requests that Contractor provide Services on an expedited basis and/or outside normal working hours, Customer shall pay all additional charges for freight, labor, or materials according to Contractor’s established rates and fees.
3. If Contractor determines that other work beyond the Services is required, such work shall not constitute a part of the Servic es, and Contractor will provide Customer with a quotation for such work.
4. Customer agrees to (i) provide safe and reasonable access, and any other assistance as is reasonably necessary, so that Contr actor can perform the Services and (ii) remove and replace/refinish any part of the work site that must be disturbed so Contractor can perform the Services.
5. Contractor shall not perform any service that concerns hazardous materials, and shall have no responsibility for remediation, accumulation, storage, transportation, or disposal of any hazardous materials generated by Customer or present at the work site.
6. Contractor shall not be required to perform any Services where hazardous materials are present or where Contractor suspects t he presence of hazardous materials, and Contractor immediately may stop providing Services in either instance and notify Customer of the circumstance giving rise to the stoppage.
7. Customer agrees to pay Contractor the lump sum or time and materials rates set forth in the Proposal, and all excise, sales, use, occupation or other similar taxes connected with Contractor’s performance of the Services.
8. Customer’s payment is due net 30 days from date of invoice, and late payment to Contractor shall be subject to interest at the rate of one and one- half percent (1½ %) per month, not to exceed the maximum amount allowed by applicable law. Contractor may cease providing Services, including warranty services, if Customer fails to make any payment that is due and owing.
9. Materials provided will be free from defects for one (1) year from the date of the Services or to the extent of the manufacturer’s warranty, whichever the lesser. Workmanship provided will be good and of a workman-like standard for sixty (60) days from the date of the Services. During the applicable warranty period, Contractor promptly shall repair or replace, at its sole option and at its own expense, any defective materials or workmanship during normal working hours (for defective materials, Contractor only will provide (i) warranty coverage to the extent that Contractor is able to enforce liability against the manufacturer and (ii) necessary labor at its own expense for sixty (60) days from the date of the Service and during normal working hours). Customer’s sole and exclusive warranty is the repair or replacement set forth herein. If Customer requests that Contractor provide warranty services on an expedited basis and/or outside normal working hours, Customer shall pay all additional charges for freight, labor, or materials according to Contractor’s established rates and fees.
10. Contractor’s warranty applies only to materials and workmanship furnished by Contractor. Contractor’s warranty shall be null and void if (i) Customer fails properly to operate and maintain equipment and/or the system for which Services were provided, (ii) acts of vandalism or other alterations or modifications occur that affect the equipment and/or the system for which Services were provided, or (iii) Customer subsequen tly has another contractor provide goods or services that affect to the Services.
11. Contractor shall not be liable for any delay, or loss or damage arising therefrom, and shall be entitled to additional time for the Services, if the delay is caused by an occurrence beyond the reasonable control of Contractor.
12. Contractor is not responsible for equipment and/or system design deficiencies, obsolete equipment or systems, equipment or sy stems beyond serviceable life, or electrical failures, and Customer shall remain obligated to pay for Services if the Proposal properly was performed but the Services do not remedy the condition giving rise to the Proposal because of the foregoing.
13. Contractor shall not be liable for operation of any equipment or system, nor for injury to person or damage to property, exce pt to the extent such injury or damage is caused by the negligent acts or omissions of Contractor, and only to the proportionate extent of Contractor’s negligence.
14. Under no circumstances, whether arising out of contract, tort (including negligence), strict liability, warranty or otherwise, shall either party be liable to the other for special, indirect, incidental, consequential, exemplary or punitive damages of any nature.
15. In no event shall Contractor’s aggregate liability to Customer exceed an amount that is the lesser of (i) the amount of the Proposal or (ii) the cost to Contractor to repair or replace the item giving rise to the claim.
16. This Proposal shall be governed by the laws of the State where the Services are performed, without giving effect to its conflict of laws provisions. Any action concerning the subject matter of this Proposal shall be commenced in the State court of such State, which shall have exclusive jurisdiction over such action. Any such action shall be submitted TO THE COURT ONLY for resolution, WITHOUT TRIAL TO A JURY . THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL REGARDING ANY SUCH ACTION.
17. Contractor shall be entitled to all fees and costs, including reasonable attorney’s fees, incurred by it in any action to col lect amounts due to it from Customer.
18. By signing the Proposal, Customer authorizes Contractor to perform the Services and agrees to these Terms and Conditions and those set forth in the Proposal. Customer further agrees that the Proposal and these Terms and Conditions constitute the parties’ entire agreement, and any other documents generated or provided by Customer are intended only to create payment authority for Customer’s internal purposes. No such Customer documents shall form a part of this agreement, or constitute a counteroffer, amend ment, modification, or revision, and hereby are rejected by Contractor.
19. This proposal, including but not limited to pricing and schedule, is made contingent upon the work addressed herein not being adversely affected, either directly or indirectly, by the COVID-19 pandemic and/or the Corona virus. This proposal is further conditioned upon the parties agreeing, prior to beginning of any work and in writing as part of any contract/subcontract, that any (i) schedule issues (including, but not limited to, delay, acceleration, compression, interference, hindrance), (ii) overtime ho urs or added resources to perform work, (iii) shortages (whether as to labor, subcontracted services, materials, or supplies), (iv) change orders, extra work, or extra costs, or (v) inefficiency and impacts relating to the foregoing, that arise as a result of the COVID-19 pandemic or Corona virus will entitle contractor to a change order equitably addressing impacts to its time for performance and costs.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 12
Project Costs
Base Scope
The total cost for the Base Scope of Work including applicable taxes is: $321,527.00
Alternate 1 Scope
The total additional cost for the Alternate 1 Scope of Work including applicable taxes is: $177,720.00
Total Combined Scope
The total cost for the Base Scope of Work and Alternate 1 to be completed concurrently including applicable taxes is: $499,248.00
This proposal, scope of work, and pricing is valid for 30-days from the date of this proposal. Pricing assumes work to be completed prior to end of 2026.
Payment Terms
30% Mobilization due net 30-days.
Remaining balance paid via progress billings due net 30-days.
Payments received via credit card will be charged a 3.00% surcharge.
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 13
Agreement Execution
This agreement defines the understanding of services between Mesa Energy Systems, Inc. an d Environmental Systems, Inc. This agreement shall begin on Customer’s Acceptance Date, or upon receipt of a Letter of Intent. Wet signature or time-stamped, verifiable digital signature constitutes acceptance of this proposal.
Customer Acceptance: Mesa Energy Systems, Inc:
Signature
Signature
Printed Name
Printed Name
Title Date
Title Date
Attachment B – Protest submitted by Environmental Systems, Inc.
Center for the Performing Arts
Proposal #: 25-58463
6/25/2025
Mesa Energy Systems, Inc.
14450 Doolittle Dr, San Leandro, CA | Phone: 510-670-1690 | Fax: 510-670-1698 P a g e | 14
ADD ALTERNATES TO INCLUDE AS APPLICABLE:
Maintenance Add
Recommended Option: 1st Year Preventive Maintenance Agreement* Annual Cost for Quarterly Maintenance Services per the Equipment listed Herein ……………………………………………………………… $X,XXX
_____ Initial for Acceptance
*If approved, a reference proposal will be provided detailing scopes of work, frequencies, and covered equipment. Note: Manufacturer’s warranties are dependent upon completing routine preventive maintenance services throughout the year. Failure to complete and record basic OEM maintenance requirements may result in voided warranties and rejected claims.
BAS Preventive Maintenance Plan: Year One
Annual Cost for Quarterly (or Annual or Semi -Annual) BAS Maintenance Services based on the BAS - controlled equipment listed Herein ……………………………………………………………… ( Level 1, 2, 3, or 4 from table below)
_____ Initial for Acceptance
Attachment B – Protest submitted by Environmental Systems, Inc.
EXHIBIT 5
Attachment B – Protest submitted by Environmental Systems, Inc.
NOTICE OF INTENT TO A W ARD
FOR
10087 - Center for the Performing Arts Chiller, Cooling Tower, and Boilers Replacement
July 03, 2025
On June 26, 2025, the City of San José opened bids for the above referenced project. Bid results for this project will be made available on Biddingo at www.Biddingo.com/sanjose.
This letter serves as notification that the Director of Public Works intends to recommend that the City Council award the contract to the apparent low bidder, Mesa Energy Systems, Inc. on or about August 12, 2025.
A bidder who wishes to protest this Notice of Intent may file a written protest with the procurement contact listed below within five (5) business days following the date this notice is issued. Protests must be received before 5:00pm on the fifth business day, and must include the following information:
a. The protestor’s identity and standing to submit a protest; b. The name of the City Project as listed on the Notice to Contractors; c. A complete statement of the legal and factual grounds for the protest, including specific references to relevant documents and legal authorities; d. Copies of any documents that support the protest; and e. A request for a responsibility hearing in accordance with San José Municipal Code Section
27.10.470 if the bidder is protesting a proposed determination that it is not a responsible bidder.
The City of San José appreciates your interest and effort in preparing and submitting a bid for this project.
If you have any questions about the bid process or the City’s decision to award, please contact the procurement contact listed below.
Lauren Profeit
CIP Procurement
Department of Public Works
200 E. Santa Clara St.
San Jose, CA 95113
[email protected]
Attachment B – Protest submitted by Environmental Systems, Inc.
Prj ID: 10087
Project Name: Center for the Performing Arts Chiller, Cooling Tower, and Boilers Replacement Project Manager: Rodriguez, Manuel
Bid Opening Date: June 26, 2025
Today's Date: July 03, 2025
BID RESULTS SUMMARY
Bid Results
Engineer's Estimate: $4,250,000.00 $2,000,000.00
Bid Amount % Variance Bid Alt 1
Mesa Energy Systems, Inc., San Leandro, CA
Apparent Low Bidder
$3,703,935.00 -12.85% $2,236,349.00
Environmental Systems, Inc, Santa Clara, CA
Non-Responsive, Irregularities: CARB Certificate of Reported Compliance is missing or invalid (subcontractor) $3,873,000.00 -8.87% $1,775,000.00
Western Allied Mechanical , Union City , CA
Non-Responsive, Irregularities: CARB Certificate of Reported Compliance is missing or invalid, Schedule of Quantities information missing or invalid, Statement of Bidder’s Experience form did not provide the information requested by City $4,998,299.00 17.61% $2,675,095.00
Attachment B – Protest submitted by Environmental Systems, Inc.
EXHIBIT 6
Attachment B – Protest submitted by Environmental Systems, Inc.
Prj Id: 10087 42CARBCOMP - Revised On June 1, 2024
CARB REGULATION COMPLIANCE
Bidder must represent whether the fleet(s) used in performance of this contract are subject to California Air Resources Board (CARB) In- Use Off-Road Diesel-Fueled Fleets requirements (CARB Regulations) and provide Certificate(s) of Reported Compliance for itself and all designated subcontractors as applicable. A screenshot or printout of the certificate validation web portal or any other CARB website is not a substitute for submitting a Certificate of Reported Compliance.
Bidder’s Fleet:
If bidder’s fleet is subject to the CARB Regulations, bidder must submit with its bid a valid Certificate of Reported Compliance.
Bidder must select one of the options below:
Bidder’s fleet is subject to the CARB Regulations and the Certificate of Reported Compliance is attached to the proposal.
Bidder’s fleet is not subject to the CARB Regulations.
Designated Subcontractor(s)’ Fleet(s):
For those designated subcontractor(s) fleet(s) that are subject to the CARB Regulations, bidder must submit a valid Certificate of Reported Compliance to the City no later than 4:00 p.m. on the 2 business day after bid opening .
If subcontractors have been designated on the List of Subcontractors, bidder must select one of the options below:
One or more designated subcontractor(s)’ fleets are subject to the CARB Regulations and the Certificate(s) of Reported Compliance is/are attached to the proposal or will be submitted to the City via email ([email protected]) no later than 4:00 p.m. on the 2 business day after bid opening.
None of the designated subcontractors has a fleet subject to the CARB Regulations.
Please note: Rental equipment is not exempt from the CARB Regulations. If any party is using rental equipment that is subject to the CARB Requirements, bidder must submit a Certificate of Reported Compliance from the rental fleet company. When submitting a rental fleet company’ s Certificate of Reported Compliance, bidders should write the name of the party covered by the rental fleet’ s certificate on the top of the certificate.
nd
nd
Attachment B – Protest submitted by Environmental Systems, Inc.
EXHIBIT 7
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
Attachment B – Protest submitted by Environmental Systems, Inc.
1 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
July 16, 2025
VIA PERSONAL SERVICE AND E-MAIL
City of San Jose, Department of Public Works
200 E. Santa Clara St.
San Jose, CA 95113
Attn: Matt Loesche
Director, Department of Public Works
[email protected]
City of San Jose, Department of Public Works
200 E. Santa Clara St.
San Jose, CA 95113
Attn: Lauren Profeit
CIP Procurement
[email protected]
Re: Response to Environmental Systems, Inc.’s July 10, 2025 Bid Protest Project: PW10087 – Performing Arts Chiller, Cooling Tower, and Boilers Replacement
Dear Director:
Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy (“Mesa”) submits its response to Environmental Systems, Inc.’s (“ESI”) Bid Protest, dated July 10, 2025 (“Protest”), regarding the City’s Notice of Intent to Award for Project No. PW 10087, Center for the Performing Arts Chiller, Cooling Tower, and Boilers (the “Project”).
As a threshold matter, ESI lacks standing to bring its Protest as there is no reasonable possibility of it being awarded the Project. See Special Provisions to the Standard Specifications, 3-1.01C, subsection 3.b. The City of San Jose (the “City”) determined ESI’s bid non-responsive for failure to submit a complete and accurate proposal. As such, ESI’s Protest should be disregarded in its entirety.
The merits of ESI’s Protest also fail. Mesa was a duly licensed contractor at all times, Mesa is the lowest responsible bidder, and the City should proceed with its award of the Project to Mesa.
This Response is timely pursuant to Special Provisions to the Standard Specifications, 3-1.01C, subsection 5.
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
2 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
1. ESI Lacks Standing to Protest Because Its Bid Was Non-Responsive
Bid responsiveness measures whether the bid, as submitted, is in compliance with all of the requirements of the bid documents. To be “responsive,” a bid must be in strict and full accordance with the material terms of the bidding instructions. ( Taylor Bus Serv., Inc. v. San Diego Board of Educ. (1987) 195 Cal.App.3d 1331; MCM Constr., Inc. v. City & County of San Francisco (1998) 66 Cal.App.4th 359.) To that end, the Special Provisions to the Standard Specifications, Section 2-1.05 provides: “Proposals which are not submitted in strict compliance with the instructions in the procurement documents may, in the City’s sole discretion, result in the proposal being considered non -responsive and rejected on that basis.” In addition, Special Provisions to the Standard Specifications, Section 2-1.10, subsection 9 provides: “The City may disqualify a bidder and reject the bidder’s bid for any one or more of the following causes: … 9. … submitting an incomplete or otherwise non-responsive proposal.”
The City determined that ESI’s bid was non- responsive despite its total bid value being the lowest of three (3) bidders. ESI failed to follow the City’s clear instructions regarding submission of CARB regulation compliance documentation on two accounts. First, ESI submitted a form that contained inaccurate information regarding its designated subcontractors.
Second, ESI attached the incorrect certification for its listed subcontractor. In response to the City deeming ESI’s bid non- responsive, ESI claims that (i) its bid is not irregular or non- responsive, (ii) the City’s instructions and sample form caused “confusion,” and (iii) the error is immaterial because there is no advantage and price impact from this error. These statements are false.
a. ESI Submitted a Defective Bid.
ESI submitted the wrong CARB Regulation Certificate (“Truck and Bus Regulation” instead of “Off-Road Diesel Regulation”) and checked the incorrect box on the CARB regulation compliance sheet. See Enclosure 1.
b. ESI’s Allegation that the City Caused “Confusion” Is Disingenuous.
ESI must take responsibility for its defective bid as the City could not have been more clear.
As part of the Notice to Contractors , the City specified which type of compliance certification was required. See Notice to Contractors, p. 4.
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
3 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
In addition, per the Special Provisions for this Project, Section 7-1.10N again referenced the type of certification required:
Finally, the City provided a sample certificate desired per the specifications:
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
4 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
The City specified multiple times that the required CARB regulation certification relates to “Off- Road Diesel Vehicle Regulation.” The City consistently requires CARB regulation compliance for their public works jobs, and this is not ESI’s first time bidding or working with the City.1
In any event, ESI waived any objection to the City’s instructions or the CARB regulation form as unclear. All bidders were required to submit as part of the bid package a cover page titled “Proposal to City of San Jose” which was signed under penalty of perjury. Notably, the highlighted language is instructive:
Per the above, ESI declared, under penalty of perjury, that it fully understood the Project specifications and its own submitted proposal.
1 Mesa and ESI have bid on the same City of San Jose public works project s in the past; an example is the Seven Trees Community Center Chiller Replacement.
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
5 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
Finally, if ESI experienced “confusion” with the CARB regulation certification and form , it should have exercised the Requests For Information (“ RFI”) process and submitted pre -bid questions, as it did numerous times for other aspects of the specifications.2
ESI cannot now claim that the City’s instructions were “confusing” only after its bid was rejected for non-compliance.
c. ESI’s Bid Variation Is Material.
Any “material” variance in a bid may not be waived by the awarding authority, and bids containing “material” variances must be rejected. ( Stimson v. Hanley (1907) 151 Cal. 379; Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897.) This principle ensures that all bidders will be treated alike and guards against the possibility for fraud, corruption or favoritism in the bidding selection process. More fundamentally, it ensures that the public agency will be comparing “apples to apples” when reviewing the competing bid proposals. The “material” terms of a bid are (1) those terms which could affect price, quantity, quality, or delivery; and (2) those terms which are clearly identified by the bid documents as mandatory. ( See, e.g., Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432.)
The determination of whether a bid proposal fails to comply with material terms of the bid documents is by necessity a factual determination based upon whether the variation gives the bidder an unfair advantage relative to other bidders or the bidder could have withdrawn its bid without forfeiting its bid security. ( Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175, 1180-1181.) Where a deviation gives a bidder an unfair advantage relative to other bidders or a variance could have affected the amount of the bid, a public agency may not waive the deviation as immaterial. (Id.; Konica Business Machines U.S.A. Inc. v. Regents of University of California (1988) 206 Cal.App.3d 449, 455.) Further, under California law, all that is required is the theoretical possibility that a bidder will obtain an unfair advantage. It need not be shown that a bidder possessed any intention of seeking a competitive advant age for a public agency to be required to reject such a bid as non-responsive. (Konica, supra, 206 Cal.App.3d at 456-457.)
ESI’s non-compliance is material. In MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 368, the Court agreed that a bidder’s failure to list the amount of subcontracts in its bid was a deviation that could not be waived because it was a requirement under the San Francisco Administrative Code Provision 6.48. ESI’s deficiency is akin to that of the bidder in MCM Construction, Inc . This Project is subject to CARB requirements pursuant to California Code of Regulations, Title 13, Div. 3, Ch. 9, Art. 4.8, Sec. 2449. Accordingly, the City required that all bidders provide accurate and complete information regarding CARB regulation compliance. Failure to provide the proper certification could expose
2 ESI submitted various questions during the RFI process on June 9, 11, 16, 19. See Protest, Exhibit 2.
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
6 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
the City to liability. Importantly, this deviation cannot be waived because compliance with the CARB regulations is necessitated by law and thus is a mandatory piece of bids for this Project.
Additionally, compliance with CARB regulations affects bidders’ pricing , rendering non- compliance a material bid variation. In Konica Bus. Machs. U.S.A., Inc., v. Regents of Univ. of Cal., (1988) 206 Cal.App.3d 449, Copy- Line was the apparent low bidder on a contract to provide copying services to the University of California. Konica contended that Copy- Line’s bid was nonresponsive because it did not meet the performance requirements set forth in the request for bids. The court found that Copy- Line gained an unfair competitive advantage by deviating from the performance requirements because the deviation allowed it to submit a lower bid than it otherwise could have. Here, Mesa factored in the CARB regulation requirement when selecting subcontractors and negotiating pricing related to t his scope, which demonstrates that ESI’s failure to comply with the CARB regulations gave it an unfair advantage over other bidders. As such, that is a material deviation that cannot be waived by the City.
Even assuming, for argument’s sake, that ESI’s non-compliance was immaterial, the City clearly chose not to waive this variance by deeming ESI’s bid non-responsive, as is the City’s right. A local agency is not required to waive insubstantial deviations from bid requirements because the power to waive immaterial bid variations is discretionary, not mandatory. (MCM Construction, Inc., 66 Cal.App.4th at 359.)
The City correctly determined that ESI’s bid was non-responsive. ESI should not be allowed a second bite at the apple for its failure to comply with the City’s clear instructions, which would afford ESI an unfair advantage for this opportunity.
2. Mesa’s Contractor License Was Active at All Relevant Times
ESI alleges without any legal support that Mesa “did not have a valid contractor’s license in the class specified.” See figure below, taken from ESI’s Exhibit 1:
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
7 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
As seen above, Mesa’s license was under a “qualifier’s bond suspension.” The California State Licensing Board (“CSLB”) qualifie d this suspension by explaining that “a bond of qualifying individual may have been received by the Board but not yet processed. Once the bond is processed the suspension will be lifted retroactively to the effective date of the bond. ” See also, Bus. & Prof. Code § 7071.7(a), which provides: “[T]he registrar shall accept a bond required by Section … 7071.8 … as of the effective date shown on the bond, if the bond is Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
8 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
received by the registrar within 90 days after that date, and shall reinstate the license to which the bond pertains, if otherwise eligible, retroactive to the effective date of the bond.”
Mesa’s suspension resulted due to a clerical error by the CSLB. In April of 2025, Mesa changed its Responsible Managing Officer (“RMO”) . Despite the fact that Mesa submitted a qualifier bond for this new RMO within 90 days in May of 2025, the CSLB placed Mesa’s license under “suspension” in error, mistakenly keeping on record the prior RMO’s qualifier bond. The CSLB has clarified that Mesa’s new RMO qualifier bond is now on file and properly associated with Mesa’s new RMO, not the disassociated RMO. See Enclosure 2. The CSLB promptly lifted the suspension and Mesa’s license was reinstated retroactively as of the date of the bond, which was March 4, 2025, several months prior to the release of the Project bid. Thus, Mesa has, at all relevant times, been a duly licensed contractor. See Enclosure 3.
3. ESI’s Allegations Regarding Mesa’s Pricing and Controls Vendor Are Meritless
While Section B / Issue #2 of ESI’s Protest is difficult to decipher, it would appear ESI contends that (i) the City directed bidders to use Mesa for the controls portion of scope , which caused a variety of issues, and (ii) Mesa should not have been allowed to bid because it is the City’s controls vendor. ESI relies on the City’s response to RFI questions 3, 24, and 40 in support of these contentions, and claims these caused confusion in relation to the controls scope of work, as well as even giving rise to “possible collusion” and “unfair bidding practices to contractors.” See Protest at p. 3. These unfounded statements, however, are flatly incorrect and both ignore the actual facts of this matter and grossly misrepresent the City’s responses.
Question 3 - which was submitted by ESI itself - states, “Please provide the name and contact for the controls vendor associated with this site,” to which the City responded, “Emcor, Contact:
Stephen Chin (510) 755-2304.” Mesa, a subsidiary of EMCOR, is the current controls vendor for the site. However, n owhere in its response does the City “direct contractors to use Emcor.” See Protest p 2. It would appear ESI either has read too much into the answer or failed to ask a clear question to ascertain some other information it may have desired to know in developing its bid.
Question 24 states, “ Will the new Distech Controls DDC system interface with any remaining legacy pneumatic components, or is the transition to digital complete?” to which the City responded, “ The new control systems shall be complete DDC systems replacing existing pneumatic systems for the mechanical systems included in the project scope. These systems will be DDC/electric as shown on the control diagrams.”
Question 40 states, “Please confirm if the Unitary Controllers should be BACnet or LonWorks controllers. Specification 23 09 00 seems to indicate both,” to which the City responded, “ The Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
9 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
Unitary Controllers communication protocol shall be compatible with the Distech control system.”
Both Questions 24 and 40 suggest that bidders needed to plan to install Distech Controls, as shown on the control diagrams ; no more and no less . Mesa is a Distech Controls authorized vendor. However, Distech Controls works with eight (8) other controls vendors in the Bay Area alone. As such, any allegation that the City suggested, much less “directed,” that Mesa be listed as a subcontractor for the controls scope because Mesa is a Distech Controls authorized vendor is a complete misrepresentation. In fact, all three bidders listed a different Distech Controls authorized vendor, and ESI did not list Mesa . There is no way these questions rendered any confusion, let alone any collusion or unfair practices, as bidders were free to select any manner or method to meet the planned requirements for installation of Distech Controls. ESI listed Sunbelt Controls, not Mesa, making its argument that it was directed to use Mesa puzzling, as well as false.
In kind, the contention that Mesa should not have been allowed to bid because it is the current controls vendor also fails and is without merit, as that current role is irrelevant to the Project and bids at issue here.
ESI also appears to take issue with the fact that Mesa provided a quote to ESI as a controls subcontractor that differed from the price Mesa submitt ed in its own proposal for the same portion of Project scope. Here too , there is no merit to this argument because the City did not require any bidder to use Mesa, and all bidders were free to seek pricing from anyone that each bidder thought an appropriate resource for the controls scope of work. To that end, ESI listed Sunbelt Controls as its controls vendor in its proposal, so clearly ESI did not rely on or utilize Mesa’s proposal for its own bid. ESI’s inclusion of Mesa’s subcontractor bid in the Protest is irrelevant. Further, it goes without saying that Mesa’s price for the entire Project as a direct bidder would differ from its price as subcontractor for a limited scope, and that in no way contributed to “confusion, possible collusion, and unfair bidding practices to contractors.”
Conclusion
ESI’s Protest should be dismissed in its entirety as it is a desperate attempt to get a second bite at the apple. ESI’s bid was nonresponsive and the defects cannot be waived as they are material, relate to compliance with the law, and would afford ESI an unfair advantage . Mesa has been a duly licensed contractor at all relevant times and submitted the lowest, responsive bid. The City should proceed with awarding Mesa the Project.
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
10 Cindy J. Lee
Construction Counsel
EMCOR Building Services,
Inc.
P: 818-455-5382
E: [email protected]
www.emcorgroup.com
Mesa is ready, willing, and able to perform and looks forward to working with the City on this project. Your attention to this matter is appreciated. Please do not hesitate to contact me if you have any questions.
Res
pectfully,
C
indy J. Lee
In-H
ouse Counsel
Copy to:
Andrew J. Kozlow
Sweeney Mason LLP
[email protected]
E
nclosures:
Enclosure 1 – ESI’s Proposal
Enclosure 2 – E-mail correspondence with CSLB
Enclosure 3 – Current status of Mesa’s license
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
ENCLO
SURE 1
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ENCLOSURE 2
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
You don't often get email from [email protected]. Learn why this is important Workers Compensation/Bond Unit
Contractors State License Board
Bonds Unit: 916-255-4050
Workers Compensation Unit: 916-255-1104
From: Heather Alexander <[email protected]>
Sent: Monday, July 7, 2025 12:06 PM
To: Bonds@CSLB <[email protected]>
Subject: URGENT Bond Update
CAUTION: This email originated from outside of CSLB. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello –
For License 611215
You updated the Bond for our new Qualifier, Micheal Echsner. However, the Suspension Notice is still on our License Page. This is causing issues with our Customers. Can you please correct immediately.
Heather Alexander
Executive Director
Mesa Energy Systems, Inc.
dba EMCOR Services Mesa Energy
2 Cromwell Irvine, Ca 92618
Cell: 657.236.9768 Office: 949.460.4643
[email protected]
This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient.
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
Attachment C – Mesa Energy System, Inc.’s response
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ENCLOSURE 3
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
Data current as of 7/14/2025 11:25:11 AM
Home | Online Services | License Details
Contractor's License Detail for License #
611215
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.
Business Information
MESA ENERGY SYSTEMS INC
dba EMCOR SERVICES MESA ENERGY
2 CROMWELL
IRVINE, CA 92618
Business Phone Number:(949) 460-0460
Entity Corporation
Issue Date 01/27/1991
Expire Date 01/31/2027
License Status
This license is current and active.
All information below should be reviewed.
Classifications
CSLB complaint disclosure is restricted by law (B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions.
Only 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. C20 - WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING C10 - ELECTRICAL
B - GENERAL BUILDING
C38 - REFRIGERATION
C36 - PLUMBING
C-4 - BOILER, HOT WATER HEATING AND STEAM FITTING
C46 - SOLAR
C-7 - LOW VOL TAGE SYSTEMS
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
Copyright © 2025 State of California
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA .
Bond Number: 103533659
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
NOTE: There are 4 qualifiers (with bonding information) for this license. Up to 3 are displayed on this page.
Workers' Compensation
This license has workers compensation insurance with the
CONTINENTAL CASUAL TY COMPANY
Policy Number:WC792783954
Effective Date: 10/01/2024
Expire Date: 10/01/2025
Workers' Compensation History
Workers' compensation classification code(s):
5140 - Electrical Wiring-high wage
5190 - Electrical Wiring-low wage
5542 - Description Unavailable
For a description of the workers' compensation classification code(s) listed for this licensee, contact the licenseeʼs insurance carrier. Contact information for the licensee's insurer is available by clicking the insurer link above. Classification codes are also available on the Workers' Compensation Insurance Rating Bureau's classification search page.
The board does not verify or investigate the accuracy of classification codes displayed.
Other
This license filed Bond of Qualifying Individual number 105583416 for RANDALL JAMES FAIMAN in the amount of $25,000 with TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA.
Effective Date: 01/01/2023
BQI's Bond History
This license filed Bond of Qualifying Individual number 108263151 for MICHAEL JOSEPH ECHSNER in the amount of $25,000 with TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA .
Effective Date: 03/04/2025
This license filed Bond of Qualifying Individual number 105653063 for KEVIN PAUL ROELL in the amount of $25,000 with TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA.
Effective Date: 01/01/2023
BQI's Bond History
Personnel listed on this license (current or disassociated) are listed on other licenses. Back to Top Conditions of Use
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Accessibility Certification
Attachment C – Mesa Energy System, Inc.’s response
to Environmental Systems, Inc.’s Bid Protest
July 22, 2025
V.C. Enfantino
Environmental Systems, Inc.
3353 De La Cruz Blvd.
Santa Clara, CA 95054
[email protected]
SUBJECT: PW 10087 – Center for the Performing Arts Chiller, Cooling Tower, and Boilers Replacement Bid Protest
Dear Mr. Enfantino,
This letter is to inform you that City staff has evaluated the July 10, 2025, letter sent by your attorney, Andrew Kozlow, entitled “Bid Protest 10087 Center for the Performing Arts Chiller, Cooling Tower, and Boilers Replacement” and will be making the following recommendation to the City Council. Pursuant to the San Jose Municipal Code, the City Council has the authority to resolve bid protests made during this procurement.
RECOMMENDATION:
City staff will recommend upholding the intent to award the construction contract to Mesa Energy Systems, Inc.
BACKGROUND:
On June 26, 2025, bids were opened for the PW 10087 – Center for the Performing Arts Chiller, Cooling Tower, and Boilers Replacement Project. Three bids were submitted:
1. Environmental Systems, Inc. (base bid $3,873,000, bid alternates $1,775,000);
2. Mesa Energy Systems, Inc. (base bid $3,703,935, bid alternates $2,236,349); and
3. Western Allied Mechanical (base bid $4,998,299, bid alternates $2,675,095).
After reviewing the bids for responsiveness, the City determined that the bid from Environmental Systems, Inc. was non-responsive for failing to provide California Air Resources Board Off-Road Diesel Vehicle Certificate(s) of Reported Compliance for one or more of its designated subcontractors’ fleets. On July 3, 2025, the City issued a Notice of Intent to Award the contract to Mesa Energy Systems, Inc. , the bidder who submitted the lowest responsive and responsible bid.
Attachment D - City’s response to Environmental Systems, Inc.’s Bid Protest SUBJECT: PW 10087 Protest
PROTEST:
On July 10, 2025, the City received a timely written protest from Environmental Systems, Inc. The protest asserted that the City should waive as a minor irregularity the deficiency in Environmental Systems, Inc .’s bid and award the contract to Environmental Systems, Inc . Alternatively, Environmental Systems, Inc. asked to deem Mesa Energy Systems, Inc.’s bid non-responsive and re-bid the project.
ANALYSIS: ENVIRONMENTAL SYSTEMS, INC.’S PROTEST IS BASELESS
A. Environmental Systems, Inc . was required to submit California Air Resources Board Certificate(s) of Reported Compliance for any designated subcontractor with fleets subject to the In-Use Off-Road Diesel-Fueled Regulations and failed to do so.
The City consistently holds that failing to submit a properly completed bid package is grounds for being considered non -responsive, as permitted by Section 2 -1.06 of the City’s Standard Specifications.
Since 2008, CARB has regulated certain types of construction vehicles through the In -Use Off- Road Diesel-Fueled Fleets Regulation (Off-Road Regulation). The Off-Road Regulation requires contractors and other fleet owners to reduce their emissions by retiring older vehicles and replacing the retired vehicles with new er vehicles, repowering older engines, or installing verified diesel emission control strategies in older engines; and by restricting the addition of older vehicles to fleets.
In 2022, CARB approved amendments to the Off -Road Regulation aimed at “[establishing] a proactive check at the onset of a project or at contract renewal to encourage fleets to comply with the regulation…[and] also safeguard against the unfair monetary adva ntage of non -compliance and thus help level the playing field for all fleets. 1” The amendments, which went into effect January 1, 2024, require public agencies to obtain a valid Certificate of Reported Compliance for the fleets and subcontractors that are listed in the contract. The certificates must be obtained by the public agency prior to entering into a public works contract.
In accordance with the Off -Road Regulation, the City has, since January 2024, required that bidders provide CARB compliance documentation with each bid:
• The Notice to Contractors states that bidders must submit valid Off-Road Regulation Certificate(s) or Reported Compliance for their fleet and those of their designated subcontractors.
1 CARB Amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation website:
https://ww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-requirements Attachment C - City’s response to Environmental Systems, Inc.’s Bid Protest SUBJECT: PW 10087 Protest
• A CARB Regulation Compliance form is included in the Request for Bids package. Bidders are required to mark two checkboxes: one to indicate whether the bidder’s fleet is subject to the Off -Road Regulation and a second to indicate whether any subcontractor fleets are subject to the Off-Road Regulation. For any fleet that is subject to the Off-Road Regulation, the bidder must submit a valid Off-Road Certificate of Reported Compliance.
In order to encourage compliance with these requirements , Public Works staff issues a CARB Certificates of Reported Compliance Reminder notice to every solicitation on the City’s e - procurement platform, Biddingo, approximately one week prior to the bid submittal deadline.
Accordingly, on June 18, 2025, the City issued Special Notice PW 10087-5, which read:
“As a reminder, this project is subject to the California Air Resources Board In-Use Off- Road Diesel-Fueled Fleets requirements. Bidders must evaluate the vehicle(s) that will be used in the performance of this contract and submit CARB Off-Road Diesel Vehicle Certificate(s) of Reported Compliance for themselves and any designated subcontractor(s) as applicable.
When completing the CARB Regulation Compliance form, please double-check that you have marked a checkbox under “Bidder’s Fleet” and (if you have designated subcontractors) under “Designated Subcontractor(s) Fleet(s)” on the form.
When submitting Certificates of Reported Compliance, please note:
• A screenshot or printout of the certificate validation web portal or any other CARB website is not a substitute for submitting a Certificate of Reported Compliance.
• Off-Road Diesel Vehicle Certificate(s) of Reported Compliance are different than Truck and Bus Certificate(s) of Reported Compliance. Please see attached example of an Off-Road Diesel Vehicle Certificate.”
A sample Off-Road Regulation Certificate of Reported Compliance is attached to the notice as a clear example of what document bidders are required to submit to the City.
In its bid, Environmental Systems, Inc . indicated that one or more of its designated subcontractor(s)’ fleets are subject to the Off-Road Regulation. However, the company failed to submit an Off -Road Regulation Certificate of Reported Compliance for any subcontractor and instead submitted a Truck and Bus Certificate of Reported Compliance for a designated subcontractor. Given that the City’s procurement documents – including the CARB Certificates of Reported Compliance Reminder – clearly require Off -Road Certificates of Reported Compliance and not Truck and Bus Certificates of Reported Compliance, Environmental Systems, Inc.’s bid was deemed non -responsive on the basis that its “CARB Certificate of Reported Compliance is missing or invalid (subcontractor) .” This irregularity was noted in the bid results which were posted with the Notice of Intent to Award on July 3, 2025.
Attachment C - City’s response to Environmental Systems, Inc.’s Bid Protest SUBJECT: PW 10087 Protest
B. Environmental Systems, Inc.’s argument that none of its designated subcontractors have fleets subject to the Off -Road Regulation means that the bidder failed to accurately complete their CARB Regulation Compliance form.
As noted above, failure to submit a properly completed bid package is grounds for being considered non-responsive, as permitted by Section 2-1.06 of the City’s Standard Specifications.
On or around July 7, 2025 , after the City posted the Notice of Intent to Award and bid results package, Environmental Systems, Inc . spoke to the City’s CIP Procurement Manager , Lauren Profeit, to clarify that – contrary to the information provided in their bid – none of Environmental Systems, Inc.’s designated subcontractors has a fleet that is subject to the Off -Road Regulation.
While this changes the nature of Environmental Systems, Inc.’s bid irregularity (from “CARB Certificate of Reported Compliance is missing or invalid (subcontractor)” to “CARB Regulation Compliance form improperly completed”), it does not change the fact that their bid is non - responsive.
The City relies on bidders to completely and accurately complete their bid packages and requires that, in signing the proposal form, each bidder declare under penalty of perjury that “the information contained in this proposal and all accompanying documents are true and correct.” Environmental Systems, Inc.’s failure to accurately ascertain and report its subcontractors’ CARB status at the time of bid is an issue the City is under no obligation to correct by treating it as a waivable minor irregularity.
It should be noted that , despite Environmental Systems, Inc.’s argument to the contrary, compliance with CARB’s Off-Road Regulations has an effect on bid prices . CARB itself states that one of the reasons for requiring public agencies to enforce its regulations is to “ safeguard against the unfair monetary advantage of noncompliance and thus help level the playing field for all fleets.2” For this reason, the City considers it of paramount importance that bidders determine and accurately report whether their fleet and those of their designated subcontractors are subject to the Off-Road Regulations at the time of bid.
C. Mesa Energy Systems, Inc.’s Contractors State License was valid on June 26, 2025, as required by the procurement documents.
Section 2 -1.10 of the City’s Special Provisions requires that bidders have a valid contractor’s license in the class specified in the Notice to Contractors at the time of bid. In accordance with the City’s standard bid review practice, on June 26, 2025, t he City visited the California Contractors State License Board “Check a Contractor License or Home Improvement Salesperson Registration” website to verify that Environmental Systems, Inc., Mesa Energy Systems, Inc. and Western Allied Mechanical had valid classification B and C-20 licenses. All three appeared on the website as having B and C-20 licenses which were “current and active” at that time.
2 CARB Amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation website:
https://ww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-requirements Attachment C - City’s response to Environmental Systems, Inc.’s Bid Protest SUBJECT: PW 10087 Protest
On or around July 7, 2025, Environmental Systems, Inc. contacted the City via phone and stated that the California Contractors State License Board website currently showed Mesa Energy Systems, Inc.’s license as “under suspension.” The following day, Environmental Systems, Inc . provided the City with a screenshot of the suspension notice, dated July 7, 2025, and asserted by email that “[although] as of 7/8/25, [the website] is now showing the license is current and active…on bid day, [Mesa Energy Systems, In c.’s] license was suspended.” That claim is false, and the City received confirmation from the California Contractors State License Board that Mesa Energy Systems, Inc.’s license was not suspended until July 1, 2025, five days after bid opening.
Per the suspension notation on the Contractors State License Board website, when the suspension was lifted, it was done so retroactively and the license is currently valid. As such, Mesa Energy Systems, Inc.’s bid is responsive.
D. The City’s Plans and Specifications did not provide Mesa Energy Systems, Inc. with an unfair competitive advantage.
Environmental Systems, Inc.’s protest asserts that “unfair bidding practices” and “possible collusion” provided Mesa Energy Systems, Inc. with a competitive advantage. The City strongly disagrees with this characterization.
1. Bidders were not required to use Mesa Energy Systems, Inc. as their controls vendor.
There are limited circumstances under which the City can designate – or require – that any specific material, product, service, or business be used. In accordance with Chapter 27.20 of the San Jose Municipal Code, if the City makes such a requirement, the procurement documents must include written findings from the Director of Public Works to that effect.
The specifications for this project did not include written findings designating Mesa Energy Systems, Inc. as the controls vendor and, as such, bidders were not required to obtain a quote from Mesa Energy Systems, Inc. or utilize Mesa Energy Systems, Inc. in any way.
They were fully permitted to price out any vendor who could provide the Distech control system “or equal.” They were, however, required to coordinate integration of their controls with the current vendor, as is standard industry practice.
Environmental Systems, Inc.’s protest seems to suggest that because the City responded to its June 2, 2025, request to “please provide the name and contact for the controls vendor associated with this site” by providing Mesa Energy Systems, Inc. 3’s name and contact information, bidders were being directed to utilize Mesa Energy Systems, Inc. That is not the case and neither Environmental Systems, Inc. nor Western Allied Mechanical listed the company as their controls subcontractor.
3 The answer specifically read “Emcor, Contact: Stephen Chin (510) 755-2304.” Mesa Energy Systems, Inc. is a subsidiary of EMCOR. Its corporate name is Mesa Energy Systems, Inc. but it does business as EMCOR Services Mesa Energy.
Attachment C - City’s response to Environmental Systems, Inc.’s Bid Protest SUBJECT: PW 10087 Protest
2. No grounds existed for precluding Mesa Energy Systems, Inc. from bidding on the project.
It is unclear what legal and factual grounds exist for Environmental Systems, Inc.’s assertion that Mesa Energy Systems, Inc. should have been precluded from bidding on the project. Mesa Energy Systems, Inc. holds a services contract with Team San Jose (not the City) and was not involved in the preparation of the project plans and specifications.
Based on the above, the City rejects Environmental Systems, Inc.’s argument that there was any unfair competitive advantage obtained by Mesa Energy Systems, Inc. nor is there any reason to re- bid this project.
As stated above, the City Council has the authority to resolve bid protests made during this procurement. Environmental Systems, Inc. will be afforded the opportunity to formally present its case to the City Council when this item is agendized for City Council action. Alternatively, Environmental Systems, Inc. may withdraw its protest.
Thank you,
Lauren Profeit
CIP Procurement Manager
San José City Hall, 5th Floor
200 E. Santa Clara Street
San José, CA 95112
[email protected]
Attachment C - City’s response to Environmental Systems, Inc.’s Bid Protest