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Protest-Cal Pro response.pdf

San Pablo City Council
February 7, 2022

Document
Protest-Cal Pro response.pdf
Meeting
February 7, 2022
Body
San Pablo City Council
Original file
1.0 MB
Text extracted from the city's file for reading and search. Open the original on sanpablo.legistar1.com. That file is the official record.

CAL PRO SERVICE CORP
17934 DEL MONTE AVENUE
MORGAN HILL, CA 95037
PHONE: (408) 313-5591
[email protected]
DIR: 1000651861
LIC: 1066867
To:

City of San Pablo, City Clerk’s office: [email protected] Celeste Taylor: [email protected]
Alex Kushner General Inc. Attn: : [email protected] San Pablo P olice Annex p roject # C IP CPPD21
Response to protest
We have carefully reviewed the "bid protest" from Alex Kushner General Inc., consulted with our attorney's office, and also contacted our subcontractors, and reviewed again their proposals.

In Alex Kushner General Inc. letter, they contend that the lowest apparent bidder, Cal Pro Service Corp. submitted a non- responsive bid because it did not show the HVAC subcontractor in the subcontractor list.

Our response is that according to the California law (Public Contracts Code Section § 4106) and bid documentation requires to list a "subcontractor that will perform work or service or fabricate or install work for the prime contractor in excess of one- half of 1% of the bid price, using the subcontractor list form included with the contract documents". We have a quote from our subcontractor for their labor which amounts for less than one-half of 1% of the bid price, and Cal Pro Service Corp not obliged to indicate this sub in the bid documents (Subcontractor List) and also Cal Pro Service Corp will be responsible to provide the HVAC system and all equipment and all materials.

Also, Cal Pro Service Corp., has fully experienced, trained and certified HVAC mechanical systems employees. Cal Pro Service Corp fully understands the HVAC scope of work and guarantees fully compliance and successful completion.

Furthermore, per our own investigation, we have found that Kushner's subcontractors l isted are part of the same affiliated company which we believe contradicts the non-collusion declaration. (See attachment #1 Facts sheet and affiliated). VPAV GENERAL PARTNERSHIP company, that affiliated with Mr. Kushner doesn't have any HVAC or C-20 License. But Mr. Kushner show his affiliated company VPAV GENERAL PARTNERSHIP as an HVAC contractor (which is not true, see CSLB LIC CHECK) They declared that they have 35 years of experience, but according CSLB records from Alex Kushner General Inc. company also shows that was created on 09/10/2015.

We clearly understand that the city reserves the right to reject any bid protest that it determines lacks merit, to award the contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid and to issue a notice to proceed.

Cal Pro Service Corp fully understands the Scope of Work, SPPD ANNEX project # CIP CPPD21 and guarantees fully compliance and successful, on time completion.

Oscar Moreno______________________________/PRESIDENT/CEO

CAL PRO SERVICE CORP
DAT
E:01/10/2021

Data current as of 1/10/2022 3:47:11 PM
Home | Online Services | License Details
Contractor's License Detail for License # 1007203
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

ALEX KUSHNER GENERAL INC
2364 FUNSTON AVE
SAN FRANCISCO, CA 94116
Business Phone Number:(415) 756-0945
Entity Corporation
Issue Date 09/10/2015
Expire Date 09/30/2023
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with OHIO CASUALTY INSURANCE COMPANY (THE).

Bond Number: 667583C
Bond Amount: $15,000
Eective Date: 08/26/2019
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual ALEXANDER ARKADY KUSHNER certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Eective Date: 09/04/2019
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9103986
Eective Date: 03/31/2020
Expire Date: 03/31/2022
Workers' Compensation History
Other
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. B - GENERAL BUILDING
C33 - PAINTING AND DECORATING
A - GENERAL ENGINEERING
Personnel listed on this license (current or disassociated) are listed on other licenses. Copyright © 2022 State of California
Home | Online Services | License Detail | Personnel List Contractor's License Detail (Personnel List)
Contractor License # 1007203
Contractor Name ALEX KUSHNER GENERAL INC
Click on the person's name to see a more detailed page of information on that person
Licenses Currently Associated With
Name ALEXANDER ARKADY KUSHNER
Title RMO / CEO / PRES
Association Date 09/10/2015
Classification B
Additional
Classification There are additional classifications that can be viewed by selecting this link.

Licenses No Longer Associated With
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright © 2022 State of California
Data current as of 1/10/2022 3:48:06 PM
Home | Online Services | License Details
Contractor's License Detail for License # 1067967
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

M A GENERAL PARTNERSHIP
2364 FUNSTON AVE
SAN FRANCISCO, CA 94116
Business Phone Number:(415) 756-0945
Entity Partnership
Issue Date 08/17/2020
Expire Date 08/31/2022
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: 100509509
Bond Amount: $15,000
Eective Date: 08/13/2020
Workers' Compensation
This license is exempt from having workers compensation insurance; they certified that they have no employees at this time.

Eective Date: 08/13/2020
Expire Date: None
Other
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. A - GENERAL ENGINEERING
B - GENERAL BUILDING
C33 - PAINTING AND DECORATING
Personnel listed on this license (current or disassociated) are listed on other licenses. Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification 2 Copyright © 2022 State of California
Home | Online Services | License Detail | Personnel List Contractor's License Detail (Personnel List)
Contractor License # 1067967
Contractor Name M A GENERAL PARTNERSHIP
Click on the person's name to see a more detailed page of information on that person
Licenses Currently Associated With
Name ALEXANDER ARKADY KUSHNER
Title QUALIFY PARTNER
Association Date 08/17/2020
Classification A
Additional
Classification There are additional classifications that can be viewed by selecting this link.

Name MICHAEL ARKADY KUSHNER
Title GENERAL PARTNER
Association Date 08/17/2020
Licenses No Longer Associated With
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright © 2022 State of California
Data current as of 1/10/2022 3:44:12 PM
Home | Online Services | License Details
Contractor's License Detail for License # 1019384
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

VPAV GENERAL PARTNERSHIP
2364 FUNSTON AVE
SAN FRANCISCO, CA 94116
Business Phone Number:(415) 756-0945
Entity Partnership
Issue Date 10/17/2016
Expire Date 10/31/2022
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with OHIO CASUALTY INSURANCE COMPANY (THE).

Bond Number: 672347C
Bond Amount: $15,000
Eective Date: 08/26/2019
Contractor's Bond History
Workers' Compensation
This license is exempt from having workers compensation insurance; they certified that they have no employees at this time.

Eective Date: 09/23/2020
Expire Date: None
Workers' Compensation History
Other
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. B - GENERAL BUILDING
C33 - PAINTING AND DECORATING
A - GENERAL ENGINEERING
Personnel listed on this license (current or disassociated) are listed on other licenses. Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright © 2022 State of California
Home | Online Services | License Detail | Personnel List Contractor's License Detail (Personnel List)
Contractor License # 1019384
Contractor Name VPAV GENERAL PARTNERSHIP
Click on the person's name to see a more detailed page of information on that person
Licenses Currently Associated With
Name ALEXANDER ARKADY KUSHNER
Title QUALIFY PARTNER
Association Date 10/17/2016
Classification B
Additional
Classification There are additional classifications that can be viewed by selecting this link.

Name PETERIS GRIGORJEVS
Title GENERAL PARTNER
Association Date 10/17/2016
Name VASSILI SKALSKI
Title GENERAL PARTNER
Association Date 10/17/2016
Name VLADIMIR MOCHALIN
Title GENERAL PARTNER
Association Date 10/17/2016
Licenses No Longer Associated With
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification

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