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HomeMy WebLinkAbout13-Development ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: James Funk, Director ~ 1 ~ ~ A r ~ Subject: Reject all bids for the 5-Level Dept: Development Services a ~ ~ U j i ~ ~ C Parking Structure and direct staff to rebid the project as described herein. Date: December 18, 2001 File: 6.7225 MCC Date: January 7, 2002 Synopsis of Previous Council Action: 7/9/01 Allocation of $1,320,000 in the 2001/02 Capital Improvement Program (CIP) for seismic retrofit and repair of city's five level parking structure (Account No. 123-557-5504-7225). Recommended Motion: That the Mayor and Common Council reject all bids for the 5-level Parking Structure and direct staff to rebid the project as described herein. a _ /y~~ JamesllVliF'u=nk Contact person: Raymond A. Casey, Deputy Director Supporting data attached: Staff Report, Map, Protest Brief, TY Lin Letter, Transtec Letter FUNDING REQUIREMENTS: Amount: N/A Phone: 5127 Ward: 1 Source: Acct. Description: Finance: Council Notes: Agenda Item No.~~ -~~~oa-- CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Reject all bids for the 5-Level Parking Structure and direct staff to rebid the project as described herein. Background• Based on current seismic standards, the existing five level parking structure adjacent to City Hall is not designed to withstand more than small to moderate earthquakes (depending on depth and distance of earthquake epicenter). The seismic modification and maintenance repairs in aggregate aze estimated to cost $2,500,000. Therefore, due to funding constraints, staff requested that the project be designed in phases and proceeded to solicit bids in a Phase I project intended to meet the established FY 2001/02 budget. This project consists of wrapping the concrete columns with a composite material, patching damaged concrete slabs, modifying expansion joints, installation of new concrete beams on the third level, installing steel angle support and anchor bolts, and additional miscellaneous construction items necessary to strengthen the parking structure. On September 18, 2000, the Economic Development Agency (EDA) awarded a contract to TY Lin in the amount of $265,000 for professional design services. In addition, contract amendments added to the TY Lin agreement totaling $30,000, were approved by EDA September 4, 2001 for the design of additional maintenance required and to prepaze as-built drawings, and perform site visits during construction. Upon request, the consultant also divided the project into several phases, due to funding constraints. This project, including Phase I of the Seismic Retrofit and the maintenance repairs, was advertised locally in the San Bernardino County Sun Newspaper, Construction Trend Newspaper, the City's web site, and with the San Bernardino Area Chamber of Commerce; the following companies responded: Name of Bidder Cit Amount of Bid Fibrwra Construction Duarte 1,048,809.40 ACE Restoration Wate roofin ,Inc. Fullerton 1,082,065.18 Truesdell Co Phoenix 1,089,924.00 Sea-Pac En .Inc. Reseda 1,264,720.00 Western Wate roofin Anaheim 1,236,198.00 Dennis J. Amoroso Cons Anaheim 1,496,536.90 JBH Structural Cons. Morieta 1,817,301.90 En ineerin Estimate $900,000.00 The third lowest bidder, The Truesdell Corporation, submitted a bid protest consisting of several items that the contractor contended were unclear in the plans and specification. City staff solicited an independent review of the bid protest by Transtech Engineers. Transtech concluded CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT that one of the items's in the bid protest from the handful submitted, perhaps had some merit. In their opinion, and staff agrees, Bid Item 17 "Additional Items Not Listed Above at the Lump Sum price" could have been more clearly defined in the project specifications, In addition, the available funding for the project at this time is $1,320,000. While the total estimated project cost for the first phase including construction, consultants, contingencies, design consulting, field engineering consulting and contract administration is $1,700,000. The estimated project costs are as follows: Construction Cost $1,048,809.40 Contin encies 190,000.00 Desi n - Phase I and II TY Lin 295,000.00 Construction Ins ection & Material Testin Pro osed 115,712.00 Transtech En ineers Plane Check 5000.00 Contract Administration 45,478.60 Total $1,700,000.00 Given the funding limitations and the bid protest by the 3`d lowest bidder, staff recommends that all bids be rejected, the plans and specifications be revised to reduce the estimated cost of construction to meet the budget limitations and to clarify some of the items (Bid Item 17 in particular), and re-advertise. Rejecting all bids will not negatively impact the city to any extent. Financial Impact: None Recommendation: That the Mayor and Common Council reject all bids for the 5- Level Parking Structure and direct staffto rebid the project as described herein. City of San Bernardino, California Department of Public Works, Division of Engineering November 27, 2001 File No. 6.7225 W.O. No. 123-557-5504-7225 DWG. No. 10304 City of San Bernardino S-Level Parking -Structure Phase I VICINITY CITY OF SAN. BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Henry Empeno, Jr., Deputy City Attorney FROM: Mehran Sepehri, Senior Engineer SUBJECT: Brief in Support of Bid Protest for 5-Level Parking Structure DATE: November 30, 2001 CC: Ray Casey As you know, the City has planed to seismic retrofit the 5-Level Parking Structure. The bid opening for this project was on October 30, 2001. Fibrwrap Construction, Inc. was the apparent lowest bidder in amount of $1,048,809.40, Ace Restoration was the apparent second lowest bidder in amount of $1,082.065.18, and Truesdell Corporation was the apparent third lowest bidder in amount of $1,089.924.00. The Truesdell Corporation's attorney sent me an attached Brief in Support of Bid Protest letter. Attached is David Griffith from T.Y. Lin, at (909) 889-8113 respond to Truesdell Corporation's Brief in Support of Bid Protest. As you know to award the contracts, these bids are good for 45 working days after the bid opening. Fibrwrap Construction, Inc. which is the apparent lowest bidder has sent me a letter (Attached) and extending their proposal for additional 45 days. Fibrwrap Construction, Inc. has three sub-contractors. The total amount of work that these three sub-contractors will perform is $493,395. Therefore the Fibrwrap Construction, Inc. will perform more than 50% of the work. Thank you For your assistance in this matter. Please let me know if you need additional information or if you have any questions. 5/Mehran/Letter/MemoToHanryincityattr 11/29/01 TEU 17:04 FA% B09 889 9450 1{cDANIEL/SAN BER • •~ ~INTERNATIQNAL• ~Ac®~iN1EL November 29, 2001 Mr. Mehtan Sepehri, P.ld. City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 ~ 001 RE: 5-Level Parking Garage Seismic Retrofit Project Bid Protest by Tmesdell Corporation Dear Mr. Sepehri: We have reviewed the Brief in Support of Bid Protest dated November 20, 2001 and have the following comme~s (corresponding to the items presented in the Brief): Section 1 ire This item pcctains ro the fiber rcinfomed polymer (FRP) wrapping of the concrete columns included as Line Item) on the Basic Bid Schedule. Tt is claimed that the specifications were ambiguous as ro whether glass-fiber orcarbon-fiber systems are acceptable, however, the reasons given are inaccurate. 1. Paragraph 2.01 A of Section 03072 ofthe'fechnical Specifications lists 3 acceptable b'RP system manufacturers, at least two of which include either glass or carbon-fiber products. 2. Paragraph 2.O1B, ltem 2 states that "Only wet ]ay-up, glass-tber systems (GFRP) are acceptable." This means that only wet lay-up systems are acceptable ifglass-fibers are used. . 3. Paragraph 2.O1C specifies the required propertits of the FRP system ro be used regardless of whether glass or carbon fibers are used. In addition, paragraph 2.O1D requires the FRP system supplier to furnish a design for the system to be used on this project to comply with the parameters specified, achievable by either glass or carbon-fiber systems. The FRP systems are proprietary; hence to achieve a required design the deta7s will vary depending oa the manufacturer, even among various glass-fiber systems. The bid docoments were based on a design of a glass-fiber system, but this section of the specifications clearly requires a new design of the specific system to be used for this project be famished by the selected supplier, regardless of whether the system used is glass or carbon-fiber. Truesdell also states in this item that a manufacturer claims that if carbon-fibers were used instead of glass, then the required square footage would be reduced. However, he neglects ro mention that the CFRP system would have a significantly higher unit price. If Truesdell was uncertain of how to reflect a unit price corresponding to using a CFRP system instead of a GFRP system, then he could have submitted a question. 'llrere was in fact plenty of time to submit such a question, and none of the other bidders seemed to have difficulty with this Process- 1535 South -D' Street, Suite 120, San 6emaNina, Caafamia 92408 • Facsimile (909) 899-9450 releDhone (909) 8a9-9113 11/29/01 THU 17:04 FAE 909 889 9450 McDANIEL/SAN BER X002 Mr. Mehran Sepehri, P.F.. November 29, 2001 Page 2 Section L Item B This item pertains to steel angle supports and anchor bolts at the garage floor precast beam stems included as Line Item I 1 on the Basic Bid Schedule. It is claimed that the quantity shown on the Bid Schedule is understated and should be doubled from 1,024 to 2,048. This is not correct. The supports am shown in Details 1 and 4 on drawing S3:6 and ale refereed to at the precast beam stems (via Note 3) on the Plan views of Levels 4 sad 5 only, drawing sheets S2.4 and 52.5 respectively. Truesdell incorrectly bases his qua~ty on support brackets at alI 4 door levels, rather than the upper 2 levels only as specified on the drawings. This quantity was in fact further clarified during the bidding period by a response to an RFI submitted by Dermis J. Amoroso Constnrction Co. l7ur response dated October 8, 2001 to question 2 states "The quantity of Unit Cost Bid #11 is the stems of precast beams at top two levels only (4'a and 5°i levels) " Section I_ item C This item pertains to Line Item 17 on the Basic Bid Schedule, which was for "Additional items not listed above at the Lrrmp Sum price of .. " It is falsely chriated that the City engineer of record stated that this item was to include "anything that I might have forgot" During the prebid meeting held on October 8, it was explained to all bidders that this hump sum item includes items of work shown on the plans and specifications that are not coveted by the unit price line items eL9ewhere on the Bid Schedule- As I explained in my email message to you dated November I5, 2001, this miscellaneous work includes: 1. Stair strengthening (see Details 9 and 10 on drawing 53.4). 2. All bracket supports of the bridge and slabs (see Details 7 and 3 on drawing 53.4). 3. Saw cutting of concrete (see Details ]2/53.4 and 10/53.1) 4. Sealing joints (see Details 7/53.5 and 15/S3.6). 5. Removal and reinstalling existing attachment to columns (see 3,9, and 13/53.I and 2/S3. l Noses 4 and t7. 6. Miscellaneous painting at areas affected by concrete repair, such as stripping etc. All this work is shown on the plans and covered in the specifications, and there was plenty of time to submit a question to clarify the specific work intended to be paid for by Bid Item 17 if so desired. All the bidders had the same information and were equally informed to prepare their bid prices for the work required. Any ambiguity associated with this bid item actually worked in Tmesdell's favor since the amount he bid for it was essentially zero. °IYLllil INTERNATIONAL- M41~11~11EL 11/29/01 THQ 17:05 FAb 909 8$$ 9450 McDANIEL/SAN BER X008 Nlr. l~lohraap Sepehri, P.E. November 29, 2001 Page 3 Section I. Item D This item pertains to perceived uanecessary items of work in the Technical Specifications. It is claimed that two manufacturers have stated that an additional protection coat required by Section 03072 over the fiber wrapping on the columns is not needed This requited protection was deemed necessary by thc engineer, and we would be willing to discuss its merits with any nrenufachner at an appropriate time. However, this claim is completely irrelevant to the outcome of the biddmg; the protection coat was required for all bidders. This item also meations several sections in the specifications that were perceived to be extraneous, such as epoxy injection, chain link fencing, off-site wncrete and posh-tensioning. Each of these was also explained in response to questions submitted by Dennis J. Amoroso Consmrction Company during the bidding period. Our responses to the questions, dated October 8, clarified that there is in fact no epoxy injection required, but that the other specifications were included for miscellaneous items of work shown on the plans or required by safety provisions. ecti n TT This section repeats the inaccurate claims in Items A, B and D above and provides a lengthy explanation that the purpose of the competitive biddng process is to "assure the most cost effective project possible." We take no exception to the described purpose of the bidding process, however, considering that each of Truesdell's claims in Section I is untrue or inaccurate, the conclusion to rebid this project is unjustified. Section Tll This section presents several case histories to support an argument that perceived ambig~rities in the bid documents are grounds for rejection of all bids. Truesdell claims that some bidders may have guessed wrong about the project requirements thereby compromising the wmpetitivt bidding process. However, no guessing was necessary if the bidders were diligent and timely in their review of the bid documents. There was sut3icient time to submit questions about any of the requirements, and many of the issues mentioned by Truesdell were in fact questioned and answered during the bidding period. Furthermore, considering that the three lowest bids were within 4% is strong indication that was not significant ambiguity in the bid documents. Section IV This section repeats the incorrect assertion that thc quantity included in thc Bid Schedule for Line Item 11 was inaccurate and that if a revii:ed quantity is substituted, thea Frbrwrap's 7YL969lsINTERNATIONAL• M~DANIEL 11/29/01 TEU 17:06 FAZ 909 889 9450 Mr. Mehran Sepehri, P.E. November 29, 2001 Pagc 4 McDANIEL/SAM BER ~9oa subcontractors would perform more thaw 50% of the work. However, this entire argument is mute since the quantity in the Bid Schedule was in fact correct In conchtsion, the claims presented in the Brief are inaccurate or untroe. The bid documerta were not aigaificaatly ambiguous or is conflict sad the bidders were all equally informed • ~ about the project requirements. In addifion, there was ample time allotted for bidders to submit questions if so desired. There is insufficient justification provided to support the suggestion that the bids be rejected and the project be rebid The closeness of the bid results further demonstrates this fact and therefore they should stand as is. Please contact me with any questions or if we can be of further assistance with this matter. Sincerely, 1`'.'SY1.~I,I,N.INT~E^$NATIONAL David M t,rriffith, P.I Project Manager cc: Said Hihny, IDS Made Ashley "IYLININTERNATIONAL• AA~DANIEL nov 28 O1 08:23p Fih^wrap Constr. 626 358 9898 p,l F~BR~r~~t~'~~C CN INC. The FUTURE of Conslructon Techndogv November 28, 2001 Mr. Mehrsn Sepehri, P.E. Senior Civil Engineer City of San Bernardino Development Services Department Public Works Division 300 N. D Street San Bernardino, CA 92418 909.384.5111 909.384.5155 fax Re: Fivc Level Yarlging Garage- Bid Extension Mr. Sepehri, This letter is to confnTr- that Fihrwlap Construction, Tnc. is extending our proposal on the above referenced prujev'i for up 45 days. If you have any questions please cal! direct at 213 446 l47 i. Regard Bath Carr 1710 E~er~ern SL Dusfts CA 91010 P. 626.35a98t0 F.626.358.9898 EinUiHbrsxap0e,~ www.fllxwrapconshuctinn.mm Cnnvacta.'s Lk. 641A04 GIBBS, GIDEN, LOCHER 8a TURNER LLP A LIMITED LIABILITY LAW PARTNERSHIP ONE CENTURVPLAZA, ]4~B FLOOR HENNETN C. GIBBB n JOSEPH M. GIpEN WILLIAM D. LOCHER GLENN E. TURNER 111 GERALD A. GRIFFIN ANYA STANLEY JAMES D. LIPSCHULTZ TXEOOORE L. SENET JAMEB L. FFRRO BARBARA R. BADBOIS PETER F. LINDBORG MARY A. SALAMONE • RICHARD J. WITTSROOT ROBERT E. KENT LEON F. MEAD II RONALD 9. SOFEN MICHAEL B. GEIBEL BARBARA L. XAMILTON MICHAEL I. GIpEN DARY E. 84LABRINI JOSE L. PADILLA, JR. JERIEL E. SMITH EPIC L. TROFF JAMES I. MONTGOMERY, JR PAUL BUCHBERG ROBERT P. JUDGE STEVEN R. CUNEO. JR. JOXN F. NEVER MICHAEL w. SCXEPAGO MICHAEL 1. WAYNE MARION T. RACK LVNDA L CHUNO JONATHAN B. FORETER IgINA J. DRILL REGINA T. COLEMAN AMY 8. NUTOXINS SRIAN J. PEZZILLO e JOSXUA KUNIS e TOMAS A. KUEHN JASON 8. WILCOK o HOPE A. ELAN OF COUNSEL JOHN H. STEPHENS ALFRED FAOEL a JAMES M. GANSINGER SHARON SUAREZ 2029 CENTU RY PARK EAST LOS ANGELES, CALIFORNIA 90067-3039 TELEPHONE (9101 SS 2.3400 FACBI MILE 13101352.0803 INTERNET WW W.GGLT.GOM November 20, 2001 BRIEF IN SUPPORT OF BID PROTEST PRACTICING IN NE VADA AS MEAD. SA LA HONE S SOFCN 99f]HOWA0.D NUGXES PARKWAY SUITE S]O LAS VEGAS, NEVADA Sf IOf-Of 13 TELEPHONE 1]021 S]E-9900 FAC9I MILE (TOII E]E-9902 VIA FACSIMILE and FEDERAL EXPRESS Mehran Sepehri Senior Engineer Development Services Department City of San Bemazdino 300 North "D" Street San Bernardino, CA 92418-5080 e A RIOf[SBIONAL OtMPOMTIDN • AOMIiTED IH GLIFORNU 9 NEVADA o ADMRnD Irv rvEYAG anLv A Vi,gR'S E-MAIL BGOBOB~'GGLT COM M OUR FILE NO.: tO2O.OOt Re: Protest of Award of City of San Bernardino Seismic Retrofit Project - S Level Painting Structure Plan No. 1034 Deaz Mr. Sepehri: Our office has been retained by Truesdell Corporation of California, Inc. ("Truesdell") in connection with its bid protest on the above-referenced Proj ect ("Project") to be awazded by the City of San Bernazdino ("the City"). On October 30, 2001, bids were submitted to the City for this Project. Fibrwrap Construction Inc. ("Fibrwrap") submitted the lowest monetary bid at $1,048,809.40. Ace Restoration & Waterproofing ("Ace's submitted the second lowest bid at $1,082,065.18. Truesdell submitted the third lowest bid at $1,089,924.00. (See Bid Tabulation and report of competitive bid opening collectively attached hereto as Exhibit "A"). Truesdell filed a Notice of Bid Protest on November 7, 2001 (Exhibit "B'~. Asset forth in detail herein, the bidding process for the above referenced Project was fraught with vague, ambiguous and conflicting bid forms and Technical Specifications as well as a refusal to clarify ambiguities, which put certain bidders at a competitive disadvantage, made it impossible for all bidders to compete on a level playing filed and made it impossible for the City to evaluate the bids on an "apples to apples" basis. Moreover, the ambiguities and conflicts in the bid form caused bidders to submit higher bids than necessary to comply with the requirements of the Technical Specifications, and therefore unnecessarily increases the cost of the Project to the taxpayers. Finally, after evaluating actual quantities of work required by the Technical uIBB3, GIDEN, LOCHER do TL;RNER LLY • uHirco uuiurr ~~w ~eerwcecen Mehran Sepehri November 20, 2001 Page 2 Specifications in the context of the unit prices inserted in Fibrwrap's bid form, it appears that the low bidder, Fibrwrap, will perform less than 50% of the work with its own forces, resulting in a non- responsive bid which must be rejected. For all of these reasons, as more fully detailed below, Truesdell protests the awazd of the instant contract to Fibrwrap and requests that the City reject all bids, correct its bid forms and Technical Specifications and recommence its bidding process for the Project. This is the only way to assure that the contract is awazded by a fair competitive bidding process and is awazded at a price most favorable to the City's taxpayers. L THE CITY'S BID DOCUMENTS CONTAIN SIGNIFICANT AMBIGUITIES AND CONFLICTS THAT PUT CERTAIN BIDDERS AT A COMPETITIVE DISADVANTAGE The City made its bid materials available at the end of September 2001. Those documents were comprised of the Notice Inviting Bids, Bid Form, including a Basic Bid Schedule and Alternate Bid Schedule, Special Provisions, plans, Standazd Specifications and Technical Specifications. These collective bidding documents contain substantial ambiguities and conflicts which significantly affect calculation of total bid prices and the ability to accurately compare bids. A. Basic Bid Schedule Line Item 1: F.R.P. Wrappine of Concrete Columns. 83.000 sq ft. Line Item 1 called for a unit bid price for F.R.P. Wrapping of Concrete Columns at a quantity of 83,000 square feet. (See bid form, Exhibit "C"). Section 03072 of the Technical Specifications, at pages 4-5, set forth acceptable FRP Composite Systems and states "Only wet lay- up, glass-fiber systems (GFRP) aze acceptable." (See Exhibit "D",page 5). However, at page 7 of Section 03072, the Specifications indicate that either glass or carbon fiber reinforcement may be used. (See Exhibit "D", page 7). This created a significant ambiguity in the bidding of Line Item 1. On the one hand, it appeazs that only glass can be used. On the other hand, it seems as though carbon is acceptable. The order of precedence set forth in the Bid documents does not help to clarify this ambiguity. The City states that in case of a conflict between "the Standard Specifications and these Special Provisions, the Special Provisions will take precedence." (Exhibit "E", SP-2). The problem is that the conflicting provisions here aze both in the Technical Specifications so there is no guidance to resolve the ambiguity. Adding to the uncertainty, Truesdell is informed by the manufacturer that, if cazbon were used instead of glass FRP, the number of square feet required would be reduced significantly to approximately 25,000 squaze feet. However, the Basic Bid Schedule at line item 1 only allows for pricing a quantity of 83,000 square feet. If a bidder were to strike-through that quantity and insert GIBt3S, GIDEN, LOCHER c4c TliRNER LLP • LIMITiD LIAiILITY LI,W RARTN[RBNIR Mehran Sepehri November 20, 2001 Page 3 the lesser quantity for cazbon, the bid maybe deemed non-responsive and rejected. This situation was further aggravated because the City would not answer any questions concerning the ambiguity in the Technical Specifications at the pre-bid meeting on October 10, 2001 and refused to accept any Requests for Information after October 23, 2001. (See letter from City indicating cut off for RFIs, Exhibit "F"). The implication of this ambiguity is that no bidder could feasibly bid using cazbon. Significantly, Fibrwrap is owned by the same principals that own the glass based product. This circumstance put certain bidders who do not have a "familial" relationship with the glass-wrap manufacturer at a competitive disadvantage to Fibrwrap. The only way bidders can remain competitive to Fibrwrap is to bid with alternative carbon product. By making it impossible to bid using cazbon, the City effectively put such bidders at a competitive disadvantage to Fibrwrap. B. Basic Bid Schedule Line Item 11: Steel An Ig a Support & Anchor Bolts The Technical Specifications contain an inaccuracy in Line Item 11 for "Steel Angle Support & Anchor Bolts at each Precast Beam Stem" at a quantity of 1,024 each. (See Exhibit "C") It is apparent to Truesdell and other bidders that this quantity is grossly understated and that, in fact, the units called for aze likely double or 2,048. Since Fibrwrap bid $211.20, Ace $147.22, and Truesdell $200 on this item, an accurate quantity listed on the bid forms would have likely affected who was ultimately determined to be the lowest bidder. The difference between Fibrwrap and Ace's present bids is only $33,255.70. If the quantities on line item 11 were accurate, Ace would have been the low bidder on the Project, lower than Fibrwrap by $131,031.04. Therefore, the inaccuracy on the bid forms significantly flawed the evaluation of the low bidder. If Fibrwrap is awazded this Project, it will be based on inaccurate information and will cost the taxpayers of the City of San Bernazdino more than if the contract was awarded to the appazent second bidder. C. Basic Bid Schedule Line Item 17: Additional Items A further ambiguity which flawed the bidding process was Line Item 17 which called for "Additional Items Not Listed Above at the Lump Sum price of ..." (See Exhibit "C"). When Truesdell asked the City engineer of record the meaning of that line item, he replied "anything I might have forgot." Obviously, this line item and ambiguity created confusion in the bidding process. D. Unnecessary Items of Work: The Technical Specifications at Section 03072, page I 1 call for an additional protection coat to be applied 18 to 22 mils thick over each layer of fabric installed. (Exhibit "D")However, at least two manufacturers have informed Truesdell that this is not a legitimate requirement and will only increase the cost of the Project. GIBBS, GIDEN, I.OCHER 8c Ti7RNER LLP • uwrtco uuurcv uw ~wnrHUSen Mehran Sepehri November 20, 2001 Page 4 Additionally, Division 3 of Technical Specifications for concrete included sections that were not relevant to the Project such as epoxy injections, chain link fences, offsite concrete, and post- tensioning. The inclusion of these extraneous items raised questions among the bidders as to what work was actually called for in the scope of Division 3, concrete. IL THE AMBIGUITIES AND CONFLICTS IN THE BID DOCUMENTS CAUSED BIDDERS TO INCREASE THEIR BIDS AND UNNECESSARILY INCREASE THE COST OF THE OVERALL PROJECT TO THE DETRIMENT OF THE CITY'S TAXPAYERS In addition to preventing bidders from competing on a level playing field, putting certain bidders at a competitive disadvantage to Fibrwrap and preventing an "apples to apples" comparison of bids, the ambiguities and conflicts also cause further expense to the City's taxpayers. As discussed above, the extraneous requirement of an additional protective coat to be installed over the FRP unnecessarily increased the Project cost to the taxpayer. Notably, Truesdell is informed that this requirement added an additional $30,000 to the Project cost. In addition, it is also appazent that if certain line items had been written accurately in the bid documents, there would have been a significant savings to the City's taxpayers. For instance, if the quantities of Line Item 11 had been accurate, Ace would have been the low bidder and the City would have saved over $100, 000 on that item alone. Such concerns about the tax payers' interest should be of paramount importance to the City and are persuasive grounds to reject all bids, correct the documents and recommence the bidding with more accurate bid forms and specifications. In the case ofDomar v. City ofLos Angeles (1994) 9 Cal. 4`h 161, the court explained the purposes of competitive bidding which are to "guazd against favoritism, improvidence, extravagance, fraud and corruption; to prevent the waste of public funds; and to obtain the best economic result for the public." Id. at 173. The court further emphasized that competitive bidding requirements seek: "to secure the best work or supplies at the lowest price practicable, and they aze enacted for the benefit ofproperty holders and tax payers, and not for the benefit or enrichment ofbidders, and should be so construed and administered as to accomplish such purpose fairly and reasonably with sole reference to the public interest." Id. At 173 citing 10 McQuillin, Municipal Corporations (3d rev. ed. 1990) § 29.29, p. 375, emphasis added. In other words, the entire purpose of the competitive bidding process is to assure the most cost effective Project possible. If the bidding process has produced inaccurate results to the detriment of the tax payers, then that purpose is compromised. The only solution to assure the most beneficial results to the public is to correct the inaccuracies and recommence the entire bidding process. GIBBS, GIDEN, LOOIIER da TLi12NER LLP ~ u,+rteo u~uutr ~~w ~~nrncneem Mehran Sepehri .November 20, 2001 Page 5 III. AMBIGUITIES AND CONFLICTS IN THE BIDDING PROCESS ARE GROUNDS TO REJECT ALL BIDS AND RECOMMENCE THE PROCESS In addition to being detrimental to the City's taxpayers, the ambiguities and conflicts in the City's bidding documents caused certain bidders to be placed at a competitive disadvantage to Fibrwrap. This alone should also be grounds to reject all bids and recommence the bidding process for the Project. In the case of Konica Business Machines U.S.A., Inc. v. Regents of the University of California (1988) 206 Ca1.App.3d 449, the court set aside the awazd of a contract where the awazding entity did not make its expectations clear to bidders. The court noted that to permit otherwise "leaves bidders in the unfair position of having to guess what will satisfy the [awarding entity's] needs." Id. at 457. In discussion, the court noted that"[t]he request forpublic bids `must be sufficiently detailed, definite, and precise so as to provide a basis for full and fair competitive bidding upon a common standard and must be free of any restrictions tending to stifle competition."' Id. at 456 citing Baldwin-Hamilton Corp. v. Superior Court (1962) 208 Cal. App.2d 803. In theBaldwin case, the specification required the materials to be manufactured in the United States. This specification fumed out to be in violation of various federal treaties and the contract was awazded to a bidder who used anon-U.S. manufacturer. The court invalidated the awazd, said that the specifications were not cleaz, and found that the specifications hindered free competition because they deterred non-U.S. bidders. In essence, bid specifications must be clear and create a uniform standard for open competition. Here, the above ambiguities create an uneven playing filed for bidders. Some bidders may "guess" right while others "guess" wrong as to what is required by the Technical Specifications and acceptable to the City. This uncertainty as to the quantities and requirements for the work compromises the entire competitive bidding process and the contract should be sent out again for bid with accurate and cleaz bid forms, instructions and specifications. IV. AFTER RESOLVING THE AMBIGUITIES BY APPLYING ACCURATE QUANTITIES, IT IS APPARENT THAT FIBRWRAP'S BID IS NON-RESPONSIVE AND MUST BE REJECTED To be responsive, a bid must conform to the material terms of the bid package. Menefee v. County ofFresno (1985)163 Ca1.App. 3d 1175. A bid that varies materially from the specifications must be rejected. Stimson v. Hanley (1907) 151 Cal. 379. GIBHS, GIllEN, LOCHER [4c TURNER LLP w ueur[o uwnurv ~ww rwwrw[w[wn Mehran Sepehri November 20, 2001 Page 6 Here, there was a bid requirement in the notice inviting bids that "[t]he prime Contractor shall perform, with his own organization, contract work amounting to at least 50% of the contract price." (Exhibit "G") In its bid, Fibrwrap listed three subcontractors to perform work valued at $493,395.00 (See Exhibit. "H"). Again, Fibrwrap's bid was $1,048,809.40. This means that subcontractor .cost accounts for 47%of Fibrwrap's bid already. However, significantly, when the inaccurate quantities in Line Item 11 aze corrected, the percentage of work performed by subcontractors exceeds the 50% limit and makes Fibrwrap's bid non-responsive to this bid requirement.' As discussed above, the quantities in Line Item 11 aze inaccurate-it should read 2,048 instead of 1,024. Moreover, Fibrwrap listed a Subcontractor, WC Brown Welding, to perform the "Steel Columns Angles and Supports" work called for in Line 11 for $253,000 at a quantity of 1,024. Of course, if the quantities aze corrected, the value of WC Brown Welding's work is reasonably likely to become $506,000. This is extremely significant because it raises the amount of work that Fibrwrap has subcontracted out to $746,395.00, or 5~ of the contract amount. This exceeds the permissible amount set forth in the bid documents and therefore makes Fibrwrap's bid non- responsive. Therefore, Fibrwrap's bid should be rejected as mandated by California law. Or, at a minimum, all bids should be rejected and the contract should be re-bid with accurate line item quantities to assure the accuracy of all bids. V. REQUEST FOR HEARING AND OPPORTUNITY TO BE HEARD This letter also serves as a request under Government Code § 6250 et. seq. For copies of all briefs filed by Fibrwrap and any documentation relied on by the City in making a recommendation to award to Fibrwrap. It is also a request pursuant to Government Code § 54954 for mailed notice of the City's meetings at which any issue pertaining to the awazd of this contract is on the agenda. If there is any fee for this service, please provide this information to us immediately so we can immediately inspect these reports and recommendations. Further, we request the right to address the City before or during consideration of any issue pertaining to the contract awazd as guaranteed by Government Code § 54954.3(a). ' This percentage would increase even more if the following were added to the equation: (1) mazk-up and (2) subcontractors not yet listed by Fibrwrap but likely to be used on items such as electrical, plumbing, and striping. GIBI3S, GIDEN, LOCI-IER dic TLiRNER LLP • IIMIT[D 4~411ITY lAW ~ARTN 4114NI~ Mehran Sepehri November 20, 2001 Page 7 VI. CONCLUSION For all of the reasons set forth above, Truesdell protests the award of the instant contract to Fibrwrap and requests that the City reject all bids, correct the bid documents, and recommence the bidding process. This is the only way to assure a fair process that permits a common standazd for competitive bidding. It is also the only way to assure the best economic result to the City's taxpayers in the award of the contract for the Project. Please feel free to contact the undersigned with any questions or concerns regazding the above. Very~Ily yours, ~ !~~~~ Bazbara R. Gadbois of GIBBS, GIDEN, LOCHER & TURNER LLP Enclosures (via Federal Express only) BRG:whb 107398.2 cc: Truesdell Corporation (w/encls.) Ace Restoration (w/encls.) 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W Z 0. ~ Q 4. } m Z W W Z_ C7 Z W Z 0 U d D O 0 U 2 ~ _ O s m ~ 0 0 z 0 J V i 6 O a 6 W J w 0 1 s z Zu QJ O F Z a o Q ~ a a W 2 W ~ 0 3 N F O fD O AZ Lit. # 137832 KOS, 147478 KA CA Lic. # 615068 C61-DOfi NV Lia.# 0034823 3529 E. WOOD STREET PHOENIX, ARIZON^.85040 1834 rax (duz) a3a1d21 November 7, 2001 TRUESDELL CORPORATION CONCRETE REPAIR & WATERPROOFING V~lVJW. trues Ja I Icor~. corn VIA FACSINIILE AND US MAIL (~Q~/) 3~P~ ~~g~ Mehran Sepehri Senior Engineer 300 North "D" Street San Bernardino, CA 92418-5080 Notice of Bid Protest RE: Seismic Retrofit of the City of San Bemardino 5-Level Parking Structure Plan No: 1034 Dear Mr. Sepehri: ' 1-888-81-EPOXY PHOENIX (602) 437.1711 TUC~UN (5'20) 622-1799 NEVADA (702) 898-1311 Please allow this letter to act as Truesdell Corporation of California's Public records request for a copy of ALL of the documents pertinent to the bid submitted by Fibrwrap Construction, Ace Restoration and Truesdell Corporation of California on this project. As time is of the essence, please forward these documents via Fed Ex. Please feel free to use my Fed Ex #1224-9055-6. This letter shall also serve as Truesdell Corporation of California's (Truesdell) notice of official bid protest Truesdell will submit in correspondence to follow, in the near future, under separate cover, information that we believe substantiates a decision to reject all bids submitted and/or Fibrwrap's bid, for the above project. Information was received by Truesdell today via telephone call to the City, that the award date for this project is scheduled for December 3, 2001. Please confirm this information and provide any other information that the City may view as necessary to properly file this bid protest, including pertinent deadlines and dates. Please also forwazd a copy of the meeting minutes from the pre-bid conference on 10/10/Ol as these were apparently never dispersed to attendees. Because time is of the essence a fax copy of these minutes, along with the Fed Ex, would be appreciated. Our fax number is (602) 437-1821. Should you have any questions, please do not hesitate to call me at (602) 437-171 ] . Thank you for assistance in this important matter. Sincerely L='`--' urt L Clink Truesdell Corporation of California General Manager Professionals in Epoxy Technology 'F: 'k :~~ +: ~: +F Y::k 'X• t :k :k %N Y::$ ~k i::k :k :#::fi S M h y: Y::+::k :* +k :Y W * Y< :+::k :k `k h: %k :K :K ::l: %k :k .+: +N ~: 4::!: r &::+~ K: %: Ai :1:.+: A: ~: N~ W :k T %k :k %::k x * TRANSArTIQ:~ REFURT h * Mtl'd-0S-1dd1 ~:~5:2^o F'M * FCR: TRUESDELL 502 4371711 ,~: :~ ,.v...r..~..._,_.~, x ~~ SEP(D :4 DNTE STArT P.ECEI'~iER PAGES TIi9E NQT'c ~: M ~d0'v'-0L' 03.25 F!9 1Gd?3545080 1 1 ° 01°} GK :~ * :r BASIC BID SCHEDULE ' PLAN N0.10304 SEISMIC RETROFIT OF THE CTTY OF SAN BERNARDINO - 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE WRITTEN iN WORDS PRICE TOTAL 1. 83,000 SF F.R.P. Wrapping of Concrete Columns, at per SQ. FT. 2. 1,100 SF Patching of Damaged Concrete Slab, Beams, Columns, Curbs, Etc., at _ per SQ. FT. ! 3. 230 FT APS-1000 Modified Expansion Joint by "WABO Seismic Parking System", at _ per FOOT 4. 230 FT APS-800 Modified Expansion Joint by "WABO Seismic Parking System", at _ per FOOT 5. 260 FT APS-600 Modified Expansion Joint by "WABO Seismic Parking System", at _ . ~ per FOOT BASIC BID SCHEDULE ' PLAN NO.10304 SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO - 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRIPTION OF ITEMS WITH CJNIT ITEM Qt1ANTITY UNIT UNIT PRICE WRTTEN iN WORT,S PRICE TOTAL 6. 260 FT APS-200 Modified Expansion Joint by "WABO Seismic Parking System", at _ per FOOT 7. 50 FT SFP-800 Expansion Joint by "WABO" Safety Flex System', at per FOOT 8. 30 FT SFP-600 Expansion Joint by "WABO" Safety Flex System", at per FOOT 9. 90 FT SFP-400 Expansion Joint by "WABO" Safety Flex System", at per FOOT 10. 20 FT SFP-200 Expansion Joint by "WABO" Safety Flex System", at . ~ per FOOT BASIC BID SCHEDULE ` PLAN NO. 10304 SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO - 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE WRITTEN 1N WORDS PRICE TOTAL 1 l._ 1,024 EA Steel Angle Support & Anchor Bolts at each Precast Beam Stem, at per EACH 12. 20 EA 6"-Diameter X 10'-0" Standazd Pipe Columns with Base Plate and Anchor Bolts, at per EACH l3. 20 EA TS12X6X1/2X10'-0"TubeColun3n with Base Plate and Anchor Bolts, at per EACH 14. 8 EA TS6X3X3/8X10'-0" Tube Column with Base Plate and Anchor Bolts, at per EACH 15. 1 LS New Concrete Beams at Level 3, at the Lump Sum price of LS BASIC BID SCHEDULE • PLAN NO.10304 SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO _ 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRIPTION OF ITEMS WITH . UNIT ITEh" QUANTITY UNIT t1NIT PRICE WRITTEN IN WORDS PRTCE TOTAL 16. 1 LS Miscellaneous Steel Guazdrail and Handrail LS at the Lump Sum price of ' 17. 1 LS Additional Items Not Listed Above at the LS Lump Sum price of TOTAL BASIC BID SCHEDULE- $ . ~ NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided. 1 _ 1 SECTION 03072 LTERNALLY BONDED FRP REINFORCEMENT PARTIGENERAL 1.01 SUMMARY A. This specification defines the requirements of structural strengthening using fiber reinforced polymer composite system. B. Section Includes: 1. Installation of externally bonded fiber reinforced polymer (FRP) composite laminate to reinforce concrete columns. 2. Work Including: a) Inspection of the structural members specified to be reinforced with FRP on the contract drawings. Inspection shall check the location and inspect cracks and existing conditions of the concrete substrate. b) Famishing of materials, labor, equipment, transportation, necessary storage, access, and all items necessary for repair of concrete members and strengthening by the application of externally bonded FRP reinforcement as specified on the contract drawings and specifications, complete. c) Cooperation and coordination with all other trades in executing the work described in the contract. 3. FRP shall be installed by a contractor (applicator) certified by the material manufacturer by means of written verification. Certified applicator shall have a minimum of two years experience in performing composite retrofits with wet lay-up systems. 1.02 REFERENCES A. American Concrete Institute (ACI): 1. 318-93 Building Code Requirements for Structural Concrete 2. 440 .American Concrete Institute (ACI) Committee 440 draft report tilted "Guide for the Design and Construction of Externally Bonded Fiber Reinforced Polymer (FRP) Systems for Strengthening of Concrete Structures", dated 7/12/00, or later edition 3. 503R-93 Use of Epoxy Compounds. with Concrete 4. S 15R-85 Guide to the Use of Waterproofing, Dampproofing, Protective, Decorative Barrier Systems for Concrete Section 03072 - Paae 1 5. 546R-96 Concrete Repair Guide B. American Society for Testing and Materials (ASTM): 1. D 3039-93 Test Method for Tensile Properties of Fiber Resin Composites 2. D 3528-92 Test Method for Strength Properties of Adhesives in Sheaz by Tension Loading of Single Lap Joint Laminated Assemblies 3. D 4541-93 Standazd Test Method for Pull-off Strength of Coatings Using Portable Adhesion Tester 4. E' 84-94 Test Method for Surface Burning Characteristics of Building Materials C. International Concrete Repair Institute (ICRI): I . #03730 Guide for Surface Prepazation for the Repair of Deteriorated Concrete Resulting from Reinforcing Steel Corrosion 2. #03732 Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays 3. #03733 Guide for Selecting and Specifying Materials for Repairs of Concrete Surfaces D. International Conference Building Officials (ICBO) Evaluation Services, AC125 Acceptance Criteria titled "Acceptance Criteria for Concrete and Reinforced and Unreinforced Masonry Strengthening Using Fiber-reinforced Composite Systems", dated April 1997. 1.03 SUBMITTALS A. Product Information 1. Manufacturer's product data sheets indicating physical, mechanical, and chemical characteristics of the materials used in the FRP system showing compliance with the project requirements. Mechanical characteristics should be reported as minimum acceptable or guaranteed values. 2. Data and results on material testing including system environmental durability testing (such as by the Aerospace Corporation), and lazge-scale structural testing of columns. 3. Approved ICBO Evaluation Report number in the name of the system and system's manufacturer, or as accepted by the Owner/EoR. 4. Installation instructions, maintenance instructions, and general recommendations regazding each material. 5. Samples of all materials to be used, each properly labeled as specified in Section 2.01. 6. Manufacturer's Material Safety Data Sheets (MSDS) for all materials to be used. 7. System manufacturer's Quality Control Manual in compliance with ICBO AC 10, "Acceptance Criteria for Quality Control Manuals." B. Engineering Calculations Section 03072 -Page 2 1. Two copies of the engineering calculations detailing the design of the FRP reinforcement according to the project requirements, and stating any assumptions regazding the condition of the existing structure. calculations shall be prepazed and sealed by a professional engineer and shall be submitted for approval by the EOR. 2. Design methodology as approved by the material manufacturer; and shall conform as a minimum to the requirements set forth in the ICBO ES Acceptance Criteria (AC125) and ACI-440. 3. The design of FRP has followed ACI 440 recommended strength reduction factor for the project-specific environmental exposure (CE=0.85 for Cazbon fiber and 0.65 for Glass fiber). The manufacturer of the product shall assume all responsibilities for the long-term durability and behavior of the FRP material and its bond to existing substrate. C. Working Drawings 1. Working shop drawings detailing the locations, dimensions, thickness, number of layers, joint and end details, and orientations of all FRP materials to be installed. Working drawings shall be prepazed and sealed by a professional engineer. D. Quality Control Procedures 1. Quality Control Procedures shall be supplied for review and approval of the EOR. The procedure shall be based on the Specification as a minimum requirement. 1.04 QUALITY ASSURANCE A. Manufacturer /Supplier Qualifications: 1. The Manufacturer /Supplier must specialize in the manufacturing of the products specified in this Section with a minimum of 3 years experience 2. The Manufacturer /Supplier must support and instruct applicators in the installation of the products specified in this Section. 3. A list of a minimum often (10) completed composite strengthening projects completed with the manufacturer's composite system. The list should include at a minimum, the dates of work, type, description and amount of work performed. B. Applicator Qualifications: 1. Applicator must be approved by the Manufacturer /Supplier and have completed a course of instruction (given by the Manufacturer /Supplier) in the installation of the products specified in this section. 2. A list of a minimum of five (5) completed composite strengthening projects performed by the certified applicator. The list should include at a minimum, the dates of work, type, description and amount of work performed, and the name and telephone number of a contact person at the agency or company for which the work was completed. In addition, provide the names of the applicator's superintended and personnel who will perform the actual work. The superintendent and assistant shall have a minimum experience of lyeaz experience in this type of projects. Section 03072 -Page 3 1.05 PRE-INSTALLATION MEETING A. Apre-installation meeting shall be held with a representative of the Owner, Engineer, the Contractor's Superintendent and Foreman, Manufacturer's Field Representative and other trades involved to discuss the conduct of the work of this Section. 1.06 DELIVERY, STORAGE, AND HANDLING A. The products shall be delivered and stored in original, unopened containers. Containers must be clearly marked with legible and intact labels listing the Manufacturer's name, brand name, product identification, batch number, manufacturing date, and shelf life. B. Stored fiber reinforcement and epoxies must be protected from dust, moisture, and chemical exposure. C. Epoxies must be stored in azeas with an ambient temperature according to manufacturer's recommendations and away from direct sunlight, flame sources, or other hazazds. Epoxy resins must be stored sepazately from hardeners. ARer the resin has been mixed with hardener, the mixed epoxy batch must be used within its pot life. D. Fiber reinforcement must not be handled roughly. Fiber must be stored either in rolls with a radius greater than 12 in (300 mm) or by dry stacking flat. C. E. Products shall be stored according to the manufacturer's requirements and shall avoid contact with moisture. 1.07 WARRANTY A. FRP system supplier shall certify and warrant that FRP system properties will not fall below the design values of the FRP system during 5 yeazs from the date of installation of FRP System. PART 2 PRODUCTS 2.01 MANUFACTURERS AND PRODUCTS A. Acceptable Manufacturers and Products: 1. MBrace Composite Strengthening System supplied by Master Builders, Inc., 23700 Chagrin Blvd., Cleveland, OH 44122, (216) 831-5500, (800) MBT-9990, Fax: (216) 831-6910 2. Tyfo Fibrwrap Composite Strengthening System supplied by Fyfe Co. LLC, 6044 Cornerstone Court W., Suite C, San Diego, California 92121-4730, Tel: (619) 642- 0694, Fax: (619) 642-0947 3. SikWrap System for Structural Strengthening supplied by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071, Tel: (800)-933-7452, Fax: (201) 933-6335 B. Acceptable FRP Composite System All FRP composite systems must be proprietary systems consisting of fiber reinforcement, polymers, and protective topcoats. FRP composites consisting of fiber Section 03072 -Page 4 A r reinforcement and polymers provided by more than one manufacturer/supplier ai allowed. 2. Only wet ]ay-up, glass-fiber systems (GFRP) aze acceptable. C. Acceptable Properties of FRP System 1. The FRP composite system Manufacturer/Supplier shall supply all properties identified in the table below, and shall satisfy all the requirements. 2. The design of the FRP system followed the recommendations of the American Concrete Institute -ACI Committee 440 - "Guide for the Design and Construction of Externally Bonded FRP Systems for Strengthening Concrete Structures", dated July 12, 2000. Refer to this or later edition for definition of various terms and properties shown here. 3. The table below shows the "Nominal and Design Values" used as the basis for the design of the FRP System column jackets in this project. The "Nominal Values" refer to the values reported by the FRP System supplier and validated by tests. The "Design Values" are then obtained by reducing the "Nominal Values" by the appropriate "Environmental Reduction Factor, CE: (Design Value) _ (Environmental Reduction Factor, CE) x (Nominal Value) 4. For the project design, a CE=0.65 was used to the design of a Glass fiber-FRP system per ACI-440. The FRP system supplier shall assume all responsibilities for the long- term durability and behavior of the FRP material and its bond to existing substrate, and shall certify that the CE value used in this project is appropriate for its system. Table 1. FRP System Nominal Minimum Mechanical Properties PROPERTY "Ultimate Tensile Stren th" in i f b Nominal Value Desi n Value g pr mary i er direction per D 3039, based on "Gross Laminate 60 ksi 39 ksi Area" "Tensile Modulus" in primary fiber direction 3,000 ksi 3 000 ksi based on cross sectional area of primary fibers , er D 3039 Layer Thickness of "Cured FRP System" for 0.050 0 050 corn utin "Gross Laminate Area" . "Ultimate Tensile Strength" in primary fiber 3.0 Win 1 95 Win direction per~D 3039, based on "unit-width of . one la er of cured FRP s stem" "Tensile Modulus" in primary fiber direction 150 Win 150 ksi per D 3039, based on "unit-width of one layer of cured FRP s stem" Minimum Elongation at Rupture per D 3039 0 020 ercent . 0.013 Section 03072 -Page 5 5. FRP System Suppliers shall furnish the "nominal" and "design" mechanical properties of their systems required in the table below, insuring that these values meet the criteria set forth in that table. 6. The "nominal" mechanical properties shall be validated by the required tests per project specifications. 7. The FRP System supplies shall famish an "Environmental Reduction Factor (CE)" appropriate for their systems and the environmental conditions expected at the project site. Table 2. FRP System Properties (Values to be completed by the FRP System Supplier) PROPERTY Nominal Value Desi n Value "Ultimate Tensile Strength" in primary fiber direction per D 3039, based on "Gross Laminate Area" ore than 60 ksi ore than 39 ksi "Tensile Modulus" in primary fiber direction based on cross sectional area of primary fibers per D 3039 (More than 3,000 (More than 3,000 ksi ksi "Guazanteed Ultimate Tensile Strength" in primary fiber direction per D 3039, based on "unit-width of one layer of cured FRP (More than 3.0 Win) (More than 1.95 s stem" k/in "Guazanteed Tensile Modulus" in primary fiber direction per D 3039, based on "unit- width of one layer of cured FRP system" (More than 150 k/in) (More than 150 Minimum Elongation at Rupture per D 3039 k/in (percent) More than 0.020 More than 0.013 D. Alternative Design Properties and Alternative Design of FRP Systems: 1. FRP Systems that meet the requirements of Sections 2.01 A, B, and C, except for the values in Table 2 may be accepted pet the requirement of this section. 2. FRP System Suppliers shall famish the "nominal" and "design" mechanical properties of their systems as required in the Table 3 below. 3. The FRP System supplies shall famish and use an "Environmental Reduction Factor (CE)" appropriate for their systems and the environmental conditions expected at the project site. Table 3. FRP System Properties (Values to be completed by the FRP System Supplier) Section 03072 -Pane R 1 1 1 PROPERTY Nominal Value Desi n Value "Ultimate Tensile Strength" in primary fiber direction per D 3039, based on "Gross Laminate Area" "Tensile Modulus" in primary fiber direction based on cross sectional area of primary fibers er D 3039 "Guaranteed Ultimate Tensile Strength" in primary fiber direction per D 3039, based on "unit-width of one layer of cured FRP s stem" "Guaranteed Tensile Modulus" in primary fiber direction per D 3039, based on "unit- width of one la er of cured FRP s stem" Minimum Elongation at Rupture per D 3039 ercent 4. The FRP supplier shall furnish a design for the FRP system per the recommendations of the American Concrete Institute -ACI Committee 440 - "Guide for the Design and Construction of Externally Bonded FRP Systems for Strengthening Concrete Structures", dated July 12, 2000, or later, and according to the pacifications and the following design criteria. 5. The number of layers required for each column shall be designed and famished per the FRP supplier as follows: The ultimate shear strength provided by the FRP reinforcement of a concrete member strengthened with an FRP system must exceed the sheaz demand (Vrequired~ ~~JVJ ~ Vrequlree Where the FRP sheaz demands (Vrequired~ for the major and minor axes are provided on the Construction Drawings, and =1.00 and f = 0.80 are applied to the contribution of the FRP system for this project. The contribution of sheaz strength provided to a member by the FRP system should be based on the definitions and requirements of ACI-440, and as follows: Vf=A~, fedl A~, =.2nt f ~_ fje =efeEJ f fe = 0.004 __< 0.75E~, E. Substitutions: Manufacturer must be pre-approved by the Owner/Engineer of Record (EOR) prior to bid date. Approved equals shall satisfy all the pertinent requirements of these specifications and shows equality to the materials defined in Section 2.02. F. Fiber Reinforcement 1. Dry fiber shall be unidirectional sheet of E-Glass or Cazbon Fiber Reinforcement. Section 03072 -Page 7 A ' G. Polymer Resins -SATURANT + 1. Polymer resins should be selected based on the ambient temperature of the site at the time of installation. 2. The polymer components provided as part of the FRP composite system shall be according to the manufacturer's recommendations and be according to what have been tested. H. Primer /Filler 1. Primer/filler shall be selected and supplied by the manufacturer based on the project requirements to fill void and provide protective seal coat. I. Protective Coatings 1. Protective coatings should be selected or approved by the material Manufacturer/Supplier. 2. The FRP System supplier shall provide and install the FRP system with proper coating(s) to protect his system from the environment as part of this project scope, in addition to any specified coatings as part of this project. J. Finish Paint Paint shall be supplied by manufacturer and shall match color selected by Architect/Owner 2.02 OTHER MATERIALS A. Provide other materials as needed for the proper installation of the complete composite system as selected by the contractor in conformance with these specifications. PART 3 EXECUTION OF WORK 3.01 EXAMINATION A. Examine existing conditions to assess quality of concrete substrate, identify potential obstructions, and verify dimensions/geometry shown on contract document and shop drawings. 3.02 PREPARATION A. Environmental Conditions Do not install FRP when the ambient temperature is not within the manufacturer recommended temperature for installation. In cold conditions, auxiliary heat may be applied to raise the ambient temperature to a suitable level. Utilize clean heat sources for this purpose (e.g., electric or propane) that do not contaminate the substrate with carbonation. 2. The presence of moisture inhibits the adhesion of the epoxies to the substrate. Do not install FRP when surface moisture is present on the substrate or when rainfall or Section 03072 -Page 8 u condensation is anticipated in the work. azeas. If moisture can not be avoided, use the ~ manufacturer s suggested wet prime epoxy, subject to the prior approval of the EOR. 3. If water leakage exists through cracks or concrete joints, water flow must be stopped _ prior to FRP installation. B. Site Conditions " 1. Maintain control of concrete chips, dust, and debris in each azea of work. Clean up and remove such material at the completion of each day of blasting. 3.03 INSTALLATION A. Installation procedures shall be provided by the installer/contractor for the prior approval by the EOR. The procedure shall be based on the following sections. B. Concrete Repair 1. Unsound azeas of the concrete substrate (such as broken pieces, delaminated areas, etc.) must be removed to reveal sound material. 2. If corrosion of the existing steel reinforcement exists, the steel and concrete must be repaired before installation of the FRP. Any deteriorated concrete or corroding reinforcing steel must be repaired per ICRI Guideline #03730. DO NOT COVER ; CORRODING REINFORCING STEEL WITH FRP. 3. Voids in the concrete substrate greater than 0.50 in (500 mm) in depth must be filled with an appropriate repair mortar. The repair material shall be selected per ICRI Guideline #03733 and the project requirements. If required, the bond strength of t}re repair material to the existing concrete maybe verified with pull testing per AST11~ D 4541. Minimum direct pull-off strength required is 200 psi (1.4 MPa). 4. Cracks in the concrete substrate greater than 0.010 in (0.25 mm) wide must be injected with epoxy or similaz material approved by the EOR. C. Surface Preparation 1. Prior to initiating surface prepazation procedures, the Contractor shall first prepare a representative sample area. The sample azea shall be prepazed in accordance with the requirements of this Specification, and shall be used as a reference standard depicting a satisfactorily prepazed substrate. 2. The surface to receive composite shall be free from fins, sharp edges and protrusions that will cause voids behind the installed composite or that, in the opinion of the EOR, will damage the fibers. Existing uneven surfaces to receive composite shall be filled with epoxy filler or other material approved by the Engineer. 3. Uneven concrete surface irregularities (offsets) must be ground and smoothed to less than 0.04 in (I mm). 4. When fiber reinforcement is run azound outside corners.or edges, these comers must be rounded to a radius of no less than 1 inch (25 mm). Application of fiber reinforcement azound inside corners shall be avoided. No detailing is required iffiber Section 03072 -Page 9 is run parallel to comers. Variations in the radius along the edge shall not exceed 1/2" for every 12" of length. 5. The substrate must be cleaned of any dust, debris, or laitance. Column surfaces shall have all foreign materials removed and be broom cleaned. Stripping off paint from column surfaces is required. One prime coat of the manufacturers epoxy shall be applied prior to wrapping columns with the composite. 6. For surfaces which do not allow complete encasement with the composite system, . surfaces shall be prepazed for bonding by means of abrasive blasting or grinding to achieve a 1/16" minimum amplitude. All contact surfaces shall then be cleaned by hand or compressed air. One prime coat of the manufacturer's epoxy shall be applied and allowed to cure for a minimum of one hour. Prior to the application of the saturated composite fabric, fill any uneven surfaces with the manufacturer's thickened epoxy. Provide anchorage as detailed on construction drawings. D. Application of Surface Primer and Filler 1. Primer must be thoroughly mixed with hardener at the specified ratio in the mixing pot until it is uniformly mixed (about 2 minutes). Agitation shall be by means of electric hand mixer. Volume of primer prepared at one time must be such that it can be applied within its batch life. A mixed primer batch which has exceeded its batch life must not be used. (The batch life may vary subject to ambient temperature or volume of the mixed primer batch and care must be taken accordingly.) 2. Prime the concrete surface with the penetrating primer prior to application of any subsequent coatings using a medium nap roller. The primer shall be applied uniformly in sufficient quantity to fully penetrate the concrete and produce a nonporous film in the surface not to exceed 2 dry mils (50 micrometers) in thickness after full penetration. Volume to be applied may vary depending on orientation and roughness of the concrete surface. 3. Apply filer/putty to primed surfaces to fill small substrate voids and in-egularities. 4. Surface in egularities caused by the primer and/or filler coating must be ground smooth using disc sander. Subsequent dust must be cleaned from the surface using a dry cloth or brush. E. Application of FRP Reinforcement The epoxy matrix shall be prepared by combining components at the weight (or volume) ratio specified on the manufacturer's labeled units. The components of epoxy resin shall be mixed with a mechanical mixer until uniformly mixed, per the manufacturer's recommendations. Components which have exceeded their shelf life (as designated on the material label) shall not be used. Fiber sheet must be cut beforehand into prescribed sizes using scissors and/or cutter. The size of fiber sheet to be cut is preferably less than 10 ft (3 m) in length, but may be longer if access allows. When the primer coat has been left unattended for more than one week after the applicatian, the surface of the primer coat must be roughened using sandpaper and cleaned of any dust with a dry cloth or brush. DO NOT SOLVENT WIPE. Section 03072 -Page 10 4. For FRP systems where pre-saturation is required prior to installation: a) Saturation of the fabric shall be performed and monitored according to manufacturer's specified fiber-resin ratio. A previously calibrated saturator can be used to achieve the specified ratio. Fabric shall be completely saturated prior to application to contact surface in order to assure complete impregnation of fabric. b) Saturation shall be supervised and checked by the properly trained representative of the installer. c) Both the epoxy resin and fabric shall be measured accurately, combined, and deposited uniformly at the rates shown on the approved working drawings and per manufacturer's recommendations. The composite system shall be comprised of fibers completely saturated with epoxy resin per proper ratio. 5. For FRP systems where saturation is achieved on the primed surface: a) Fiber sheets with an azeal weight less than or equal to 9 ozlydZ (300 g/mZ), apply saturant coat to primed surface OR fiber sheet using a medium nap roller (3/8 in or 9.5 mm) to a wet film thickness of 18 to 22 mil (500 micrometers). b) For fiber sheets with an areal weight exceeding 9 oz/yd2 (300 g/m2), apply saturant coat to BOTH the primed surface AND the fiber sheet using a medium nap roller (3/8 in or 9.5 mm) to a wet film thickness of 18 to 22 mil (500 micrometers). c) Fiber sheet must be placed onto the concrete substrate to achieve intimate contact and must be rolled in the direction of the fibers using a rib roller in order to facilitate impregnation of the resin into the fiber sheet. 6. For joining strips of fiber sheet in the fiber longitudinal direction, a 6 in (150 mm) overlapping length is required for the E-glass fiber sheets. At the overlapping location, additional resin is applied to the outer surface of the fiber sheet layer to be overlapped. No lapping is required in the fiber lateral direction. 7. Minimize the elapsed time between mixing and application of the saturant to ensure the material is applied within the pot life of the material to avoid any thickening or gelling. 8. A second coat of mixed resin must then be applied onto the surface of the fiber sheet using a medium nap roller (3/8 in or 9.5 mm) to a wet film thickness of 18 to 22 mil (500 micrometers). 9. When more than one layer of fiber sheet must be consolidated into the laminate, the processes as detailed in Items 1 through 8 must be repeated. - 10. During installation and initial curing of the FRP composite, the work must be protected from moisture, dust, extreme temperatures, and physical damage by using protective sheeting or other barriers. Initial curing of FRP must be for no less 24 hours. Epoxy curing temperatures shall be maintained in the temperature range designated for the formulation used. Temperature cure ranges and times shall be determined by manufacturer. Section 03072 -Page 11 F. Application of Protective Coatings 1. Protective coatings may be applied as a final, outermost layer to the externally bonded FRP reinforcement. 2. Protective coatings shall not be applied before the final resin coat has become tack free. 3. The surface to which the protective coatings aze to be applied must be cleaned of any dust or debris using a dry cloth or brush. The surface must also be free of any moisture, oils, or other substances that would prohibit bond of the coating 3.04 FIELD QUALITY CONTROL A. A trained field supervisor shall observe all aspects of onsite prepazation and material application including surface prepazaticn, resin component mixing, application of primer, application of resin and fiber sheet, curing of composite, and the application of protective coatings. B. Contractor shall record batch numbers for fabric and epoxy used each day, and note locations of installation. Contractor shall also measure square footage of fabric and volume of epoxy used each day. Contractor shall label Material Test specimens from each day's production and submit ASTM 3039 test results as they aze made available. C. Inspection: Continuos Special Inspection shall be performed by a Certified Deputy Inspector, approved by the County, or a Registered Engineer approved by the EOR. Inspector shall observe all aspects of prepazation, mixing, and application of materials, including the following: 1. Material container labels 2. Surface Prepazation 3. Mixing of epoxy 4. Application of epoxy to the fiber 5. Application of composite system 6. Curing of composite material In addition, the FRP casing shall be inspected by the Deputy Inspector during and immediately following application of the composite. D. Inspection for Voids/Delaminations 1. After allowing at least 24 hours for initial resin cure to occur, perform a visual~and acoustic tap test inspection of the layered surface. 2. Lazge delamination shall be mazked for repair. Small delaminations less than 2 in2 (1300 rtim2) in size and which aze not localized, do not require corrective action, subject to the approval of the EOR. E. Bond Testing: 1. If required by the EOR, direct tension pull-off tests shall be conducted to evaluate the bond of the FRP system. Test Conditions a) The FRP system shall be allowed to cure a minimum of 24 hours before execution of the direct tension pull-off test Section 03072 - Paae 12 1 1 - ' b) The locations of the pull-off test shall be representative and on flat surfaces. If ~ possible, pull-off tests shall be conducted on azeas of the FRP system subjected to ~ relatively low stress during service. 2. Test Frequency a) Perform a minimum of one pull-off test per 1000 ftzof installed FRP reinforcement. b) Pull-off tests must be performed on each area of fiber sheet installed on a single day. c) Pull-off tests must be performed on each type of concrete substrate or for each surface preparation technique used if variations in such conditions exist. 3. Test Procedure a) The FRP surface to which the adhesion fixture is to be mounted shall be sanded smooth with medium grit sandpaper, rinsed with water, and allowed to dry. b) Attach the adhesion fixture with the designated bonding agent. Leave to cure in accordance with bonding agent manufacturer's instructions. c) Core drill or square cut azound the perimeter of the adhesion fixture through the FRP laminate and into the substrate concrete using carbide tipped or diamond core bit or cutting wheel. Cut to a depth of 0.25 to 0.5 in. (6 - 12 mm) into the concrete. d) Position the detaching assembly over the adhesion fixture and attach the adhesion fixture to the detaching assembly. Align perpendiculazly. Adjust the detaching- assembly legs as required. e) Take up the slack in the adhesion tester by screwing down the adjustment knob. f) Set the force indicator to the zero mazk. g) Apply a manual or mechanised loading force to provide a constant cross head speed until the adhesion fixture detaches from the concrete element. h) The loading rate shall be such that the fixture detaches in less than 100 seconds. 4. The failure mode must be Cohesive failure within the concrete 5. The tensile bond strength must be in excess of 200 psi (1.4 MPa) 6. Repair the tested areas in accordance with Section 3.05 of this specification. F. FRP Material Sampling and Testing Procedure: 1. Sampling Procedure: a) A minimum of four "test samples" shall be made daily during installation of FRP. b) Each "two samples" shall be taken at appropriate times during the day as to ensure the maximum material deviance in the components of the FRP System, and shall be labeled distinctly. Each test sample shall consist of two-ply measuring 12 inch by 12 inch of cured composite. Section 03072 -Page 13 c) From a FRP saturated fabric according to the specified fiber-resin ratio cut two 12" x 12" two-ply Test Samples. d) On a smooth, flat, level surface covered with polyethylene sheeting, or 16 mil plastic film, prime the sheathing, or film, with epoxy resin. e) The lobbatch number of fabric and resin used for each test sample shall be recorded along with the location of installation. f) Prepare the sample by placing two layers of saturated fabric oriented in the same direction. Apply additional topping of epoxy: Cover with plastic film and squeegee out all bubbles. g) Samples shall be stored in a sample box and not moved for a minimum 48 hours after casting. The prepazed, identified samples shall be given to the Owner's pre- approved testing laboratory. 2. Laboratory Testing: a) Testing shall be performed by an independent laboratory pre-approved by the Owner/EOR. Testing laboratory shall pre-condition the test samples at 140 degrees Fahrenheit for 48 hours before testing. b) Sufficient number of/, in x 9 in "Test Coupons" shall be cut from each 12" x 12" test sample. Test coupons shall be tested for their material properties in the longitudinal (e-glass fiber) direction. Test samples shall be tested according to the requirement of ASTM D3039. Only pre-qualified testing laboratories shall be used. c) Testing results shall be made available within 3 weeks of sample submission. The ` testing shall provide average values, based on nominal layer thickness, of the following: ultimate tensile load and strength, tensile modulus, and percent elongation at break. d) A total of fifteen percent of al] "Test Samples" shall be tested at the owner's expense. e) If one "Test Coupon" fails the test, then three more coupons from the same test sample, of which the failed coupon was taken from, shall be tested. If these coupons also. fail (on average), then three other coupons shall be cut and tested from the other "Test Sample" that was taken at the same day from the same- saturated FRP fabric as the failed sample. In the case that this sample also fails, appropriate remedial measures shall be taken per the recommendations and approval of the EOR. In addition, 25% of the remaining "samples" will then be tested'by the same criteria. All testing done in Section 3.04 G2(e) shall be at the contractor's expense. f) In the event that material testing, per Section 3.04 G2(e) determines a "sample" to possess deficient material properties, remedial measures shall be taken. Any structural member where the installed FRP composite system has material properties determined to be below the minimum specified values, additional FRP layers shall be installed until the FRP thickness is increased to compensate for the deficient properties, subject to the approval of the EOR. Section 03072 - Paoe ~d G. Report: The contractor shall submit a quality control report to the FOR identifying the trained field supervisor, describing the inspection of the completed installation, and detailing the results of the bond testing. 3.05 REPAIR OF DAMAGED OR DEFECTIVE AREAS A. Repair of all the defective work after the minimum cure time for the FRP laminates shall comply with material and procedural requirements defined in this Specification. B. Repair all defects in a manner that will restore the system to the designed level of quality, Repair procedures for conditions that aze not specifically addressed in this specification shall be approved by the EOR. All repairs and touch up shall be made to the satisfaction of the Owner's representative and the EOR. C. All defects (including bubbles, delaminations, and fabric tears) more than 2" in dimension or as requested by the Owner or FOR shall be repaired. Two types of repairs shall be performed: 1. Small defects or bubbles (less than 4" in dimension) shall be injected or back filled .with epoxy. Two small holes shall be drilled into the bubble to allow injection of the epoxy and escape of entrapped air. 2. Larger bubbles and delaminations shall be repaired by removing and re-applying the required number of layers of the composite and the required finish coatings. All repair procedures shall be pre-approved by the EOR. 3. Other defects and bubbles shall be repaired bypre-approved repair procedure proposed by the contractor and approved by the EOR, and shall be performed to the satisfaction and approval of the EOR. END OF SECTION Section 03M~ ~ e~„o , Other terms appearing in the Standazd Specifications, and these. Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 7 In case of conflict between the Standard Specifications, and these Special Provisions, the Special Provisions will take precedence over and be used in lieu of such conflicting portions. SP-2 M4G tt[:J I VttN I LVIVr LIVL 1147L0l707 'I-I/UL 'U'I 14:43 NO.i54'I Ut3/'14 Devgt,oPiu>gNp S81RVICBS ABPAItTT4Q1VT October 23, 2001 File No: 6.7225 Act: ~sroRArlox & WATbgpROOPING, INC. 740 E WqL~ AVENUE PULI.ERTON, Cq 8283: rAX: (714) 526-7965 soft N'aaN'v" Streur. • San Bernardino • CA924i8.0001 Planning 8c Euitdieg 90s1.3b1.SOS7 • Fu: 909.384.SU80 Puelic Wurlu/Enginaring90938B111 • Fax: 909384.5155 v~nvw.ci.san-eaoardino.ea.ua RE: Sl~,ISMIC RETROFIT OF TILE CITY OF SAN BERNARDINO S-LEVEL. PARKING STRUCTURE (PRASE 1) Dear Plan Holder: Attached are the responses to the request for information (RFI) on the City Ball 5•Level Parking Structure, Plan No. 10304. Do to the time between this response to RFI and the bid opening, the City will not 6c able to respond to fttrtltcr RFIs. Thank you in your pat~icipation on the bidding process for this project. Sincerel , RO ALD C. BLYM~~~SL~~~.~ Enginccring Associate RCB;pa Attaehmcttt: G pages YGN-OAfOSIPUaIie WgY5IROnY FoltlaAl•Ilfrs~T.v.Lin-Cay NaN 5-Lwar Porktny 9UUCtur~ nsponos to Ra.tlae ~ Pursuant to law, the Mayor and the Common Council of the .City of San °~ Bernardino, by Resolution No. 90-358 and any and all amendments thereto which ~ are hereby referred to and made a part thereof by references as fully as though set ~ at length herein, have ascertained and determined the general prevailing rate per ~ diem wages and of per diem wages for legal holidays and overtime work for each ~ craft or type work of workman needed in the execution of contracts under ~ jurisdiction of said Mayor and Common Council. ~ Said prevailing rates of wages shall conform to "General Prevailing Wage ~ .Determination made by the Director of Industrial Relations" filed in the office of ~ the City Clerk, which are made a part of said Resolution No. 90-358 and ~ amendments thereto, ~ ~ The Contractor may substitute securities for any monies withheld by the Agency to ~ ensure erformance under the contract as p provided for in Section 22300 of ~ California Government Code and Section 10263 of the California Public Contract Code. ~ It shall be mandatory upon the Contractor to whom the contract is awarded and upon any sub-contractor under him to pay not less than specified rates to all '~ laborers, workmen and mechanics employed by them in the execution of the ~A contract, and to prevent discrimination in the employment of persons because of ~ race, creed, color or national origin, as set forth in the provisions of Resolution ~ No. 7414 of the Mayor and Common Council of the City of San Bernardino. ~ The Contractor shall possess a Class "A" License or Appropriate ecialty ' en at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 5~ of s* the contract price. ~ A Pre-Bid Meeting will be held on ..October. 10. 2001, at 2:00 p.m. in the ~ office of the City Engineer, Third Floor, City Hall, 300 N. "D" Street, San ~ Bernardino, CA 92418. This Meeting is to inform bidders of MBEs/WBEs ~ subcontracting and material supply opportunities and to make the prime Contractor ~ aware of the City's outreach program as it relates to minority hiring and ~ participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. ~ Attendance and/or certification may be used as part of the good faith effort. PLAT i\O. ]030 SEIS~4IC RETROFIT OF THE CITI' OF SAN BERNARDINO 5-LEVEL PARKING STRUCTURE (PHASE I) ~1 45 ~~~ Gov DESCRIPTION OF ITEMS WITH UNIT ITEM OUANTfTY UNIT IfN1T PRCE WRITT N m~ WORDS PRi TOTAL 83,000 SF F.R.P. Wrapping of Concrete Columns, ttv,, E ~,,, ~s ~y.ss - ~~7~, 6fo.oo per SQ. FT. y/ilQljpgs 2. 1,100 SF per SQ. FT. IO• ZB - ~ l (~ ?~ 3f 3. 230 FT APS-1000 Modified Expansion Joint by "~VABO Seismic Parking System", at _ s2atv~ll,,.:d~,e d~~~y ,~. Patching of Damaged Concrete Slab, Beams, Columns, Curbs, Etc., at per FOOT ~ ~~ 6 D -~ y 3/ GoS.oo 4. 230 FT APS-800 Modified Expansion Joint by "WABO Seismic Parking System", at _ ' ~ / p...r. ta.~ndtp~d Str1.~ t~i~L,+ --pei FOOT /~~'~ ' 3~~~'~~ 5• 260 FT APS-600 Modified Expansion Joint by "WABO Seismic Parking System", at _ V..Q L~y.l~.e1 'X~~ t-, ~a ~,r ~~1a, per FOOT i~2'ZZ ~d4z/~~~~ao rr:~src r3rn scrrrrl~_r: PLA1 NO. 10304 SEISI4IC RETROFIT OF THE CITY OF SAN BERNARDINO 5-LEVEL PARI{1NG STRUCTURE ( PHASE I ) DESCRIPTION OF ITEMS iVITH WIT ITEM O[1ANT[TY [[~fi•r [JN[T PRTr'F WRT'IZ'F>`t n.[ WORn p T TOTAT 6• _ 260 FT APS-200 Modified Expansion ]oint by "WABO Seismic Parking System", at _ wow ho ~ le it an.l G.'r~ LiV- - .~•s peg FOOT [~Se'~ 1 •~ ~ 16 ~~ o 0 1• 50 FT SFP-800 Expansion Joint by "1VAB0" Safe/ Flex System", at ~_,~.Y G~Ssh. per FOOT N8.7~ _ ~Z14YS•e 8• 30 FT SFP-600 Expansion Joint by "WABO" Safety Flex System", at ~,~~•~ ~~ f loll . s dn.l ~ I• n t.L. r L.c per FOOT 4 y'~o ' ~ 11 N~'7.00 9• 90 FT SFP-400 Expansion Joint by "WABO" Safety Flex System", at >"...j-~ _: _, t r~el~~ c .t. I~' 31~' / 0 per FOOT y $ •9o c ~ y yo/• o0 f 0• 20 FT SFP-200 Expansion Joint by "WABO" S'~afe ;Flex S4 „t~ "ti ; der ~~SN ~ a~ s ~~ - ~ per FOOT ~g~~,=~1~8'00 B,4Slt Rl-~ Sl'HF.I)LR.:F PLAN X0.10304 - SEISA4IC RETROFIT OF THE CITY OF SAN BERNARDINO 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRJPTlON OF ITEMS iVITH UNIT ITEM OUA NTiTy ~I1~IT IIT~TiT PRf('F tVR1TTFN Ti~f WnRT) P iC'F TOTAL 11. 1,o2a Zll,to if tlbitG9.Bo EA Steel Angle Suppon & Anchor Bolts at each Precast Beam Stem, at wo u,,>,a, ~r , ~ r~ ,~ . -r,..~.,+I-~, t ~~.tt per EACH 12• 20 EA 6"-Diameter X 10'-0"Standard Pipe (~ (~,5~'~ ~ 13t o00 • o0 Columns with Base Plate and Anchor Bolts, at Six /d~„ i y~ ~.T ~a fir„ •S per EACH. 13. 20 EA TS12X6X1/2X10'-0"TubeColunm I~ 7Zo ~ ry Nom' OJ with Base Pla/te and Anchor Boitc, at ~ S.e.., c~ (+, - t 1 ~. L - Y~~la~ . per EACH 14. 8 EA TS6X3X3/8X10'-0"Tube Column with (¢ 7mp•o o tl S~Loo, oe Baze Platel,and Anchor Bolts, at per EACH IS.. 1 LS New Concrete Beams at Level 3, at the LS ~(~ zOO. o O Lump Sum price of Tw t~•, G; vo y'G.a~s -F'.r e ~ A:1SIC' RIl~ SrHF.nLr1.E PLAN NO. 10304 SEISb1IC RETROFIT OF THE CITY OF SAN BERNARDINO 5-LEVEL PARKING STRUCTURE (PHASE I) DESCRIPTION OF ITEMS WITH UNIT IIEM- OUAh'TfTti' itNIT UNIT PR1C'F WRtTTFU rN WOR1~C p t TOTA 16• I LS Miscellaneous Steel Guardrail and Handrail LS /~(~ nom at t~he• Lump Sum price of ~o,,,~~ I ~• I LS Additional Items Not Listed Above at the LS Z ~~, J 38.Or~ Lump Sum price of c.• Jt TOTAL BASIC BID SCHEDULE S_~ 1~'~~~ NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work • and the total of all items inserted in the space provided. :1Li'c:iv''~Alc: isiU JC:Iic:LULl PLAN NO. 10304 SEISMIC RETROFIT OF THE CITY OF SAN BERh'ARDINO 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRIPTI0\ OFITEMS WITH Utv'IT ' ITEM OUAMiTY IJNfT [fNiT PRi['F WRITTF7~ rnrWORnq p T['F TOTAi 1 • 116,000 SF F.R.P. Wrapping of Concrete Columns, 1'wc~+1,/ .v,•., L - .i-s ~ `-f•z9 ~ `~97, !0`90.Ofl per SQ. 2• 1,100 SF Patching of Damaged Concrete Stab, Beams, Columns, Curbs, Etc., at /fi/n=.harlIf ,tF~ 7..vr'.~~7 ~G t~lnl JMt[ perSQ.FT. /~"L$ ~ I)t 3ot'•oe 3• 230 FT APS-1000 Modified Expansion Joint by "WABO Seismic Parking System", at_ perF00T tk9.6o = ~ tiTrb°&'oo 4• 230 FT APS•300 Modified Expansion Joint by "WABO Seismic Parking System", at t~el I., s .,~ . ,. T~ ~~ td_ J-~ per FOOT l68. 90 ~ ~ 38Tb'i'7•oo 5• 260 FT APS-600 Modified Expansion Joint by "WABO Seismic Par(king 5ystcm'", at_ ~iM ~1~'1~ T W i t...{.n.IK perF00T /bZ•ZL;~J yL~77•Zo ALTER\ATE BID SCHEDULE PLA>\ 1\O. 10304 SFISMiC RETROFIT OF THE CITY OF SAN BERNARDINO 5-LEVEL PARKING STRI)r'I'iiRE ( PHASE I ) DESCRIPT[ON OF ITEMS WITH UNIT ITEM OU.4NTIT1' ~m1T LRJ1T PRICE ~VR[TT N iN WORD PRI TOTA 6. 260 F'i' APS-200 Modified ExpansiomJoint by "WABO Seism`ic Parkin1g Systcm/ ", at _ perFOOT ~1z1'A 3,607-0• 7. 50 FT SFP-S00 Expansion Joint by "WABO" Safety Flex System", at per FOOT ~ H4 ~'z,`+'YS qa- t ~' 8. 30 FT SFP-600 Expansion loint by "WABO" Safety Flex System", at ~.-1- ~t- per FOOT ~ U8-yo - ~ ~~ ~ ~`/ G~ e~ 9. 90 FT SFP-400 Expansion Joint by "WABO" Safety Flex System'' a~t~ ~~i.r-J= perFOOTF `i~'I~ ~Hrc/01•~v 10. 20 FT SFP-200 Expansion Joint by "WABO" Safety Flex System", at ~`.1.~ ~;~~,}~ ~j ~g Y.o t~ y?X.o~ per FOOT C A1.TERN.4TF. Rin SC:HF.nt11.F. PLAN 1\O. 10304 SEIS'~1IC RETROFIT OF THE CITY OF SAN BE121~rp,RDm*0 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRIPTION OF ITEMS W[TH .. iJNIT l 1. 1,024 EA Steel Angle Support 8 Anchor Boltc Zf I•Lo ~ Z lb/ LGY •&O at each Prec/ast Beam Stem, at o ~JIf ~~~,,/--Ob•-- ~I 1I ~l 1~ 1~ t T••~+ ~ ~~~-.e - per EACH 12. 20 EA 6"-Diameter X ] 0'-0"Standard Pipe ~ 6 So ~ 13/ o• o, o . Columns with Base Platt and Anchor Bolu, at ~;X ~1 ,,,, t - ----=~.~~=L4a ~~~le~c per EACH 13. 20 EA TS12X6X1/2X10'-0"Tube Column with Base Plate and Anchor Bolts, at r~~? LO ~ f u~r'•/OJ• •o ~~Ilti~c per EACH 14. 8 EA TS6X3X3/8X 10'-0" Tube Column with BCasePlateandAnchorBolts,(a~t ~ ~oo•w ~S6~v~ ~E,/G I I 1 .J Li.+.I~a per EACH 1 S. I LS New Concrete Beams at Level 3, at the LS g Z Sr Z ®o . o ~ Lump Sum price of ~ ~, Es,.,., a-~~+ , • ,-- :11.T:i::~;:~,TL r:IL 5CIIL•'UULc; PLAI1 NO.10304 SEISMIC RE1'RUFIT OF THE CITY OF SAN BERNARDINO 5-LEVEL PARKING STRUCTURE ( PHASE I ) DESCRIPTION OF ITEMS WITH UNIT ITEM OiANTlTV rrurT iiiVITPRr('FWRiTTFNiriWORi~S PRi TOTAi 16. _ 1 LS Miscellaneous Steel Guardrail and Handrail LS / ~ (~` at the Lump Sum price f ~p,I~,~,g ~ f 1 ~• t LS Additional Items Not Listed bove at the LS Z ~ S~j 7 3 b~ O J Lump Sum price of .ti „ ~'~ u' v la.~ ~l ~ loo '18(.=° ~', TOTAL ALTERi\'ATE BID SCHEDULE S_~ _~ ~ ~ 1~ NI NOTE: The unit price must be written in words and also shown in fiwres. The total price must be extended for each item of work " and the total of all items inserted in the space provided. BTI) SCHEDiTT,F, TOT.a I,S TL:i\ ti0. 10304 SEISMIC RETROFIT OF THE . CITY OF SAN BERNARDINO 5-LEVEL PARKING STRUCTURE ( PHASE I ) TOTAL BASIC BID SCHEDULE ................... g ~ ~ ~r t '~ ~~5~ 18~•~ TOTAL ALTERNATE BID SCHEDULE*...........$ ~~ ``. ~al *Increased quantity of F.R.P. Wrapping (Item No. I ). NOTES: The Ciry reserves the right to award a contract to the lowest responsible Bidder for the Basic Bid or the Altemate Bid. The bidder must submit bids for both Bid Schedules (Basic Bid and Altemate Bid ). 1, 0~8, coq, ~° ~ ~/~~ In case of a discrepancy between «•ords and figures, the words shall pre~•ail. it is the tmderstandia_ of the undersi!,med thst the wort: hcrcin~bo~~c described shall he commenced within ~_ working days from fire date of the "Notice to Proceed" and shall be completed within ~ working days from the date of said notice, as directed in SECTIO\ 4 of These Special Provisions. -' The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor LICENSE NO.: `Z / S/ot/ CLASSIFICATION: /~ FIRM NAME: ~ t (~,21.~J 2AP Go., t -f~^ c c.~-~ o ~J ~ T BUSIATESS ADDRESS: /7/O 6 /e~2s r~ssrc./ ~-~ IJvnr~c. /!~ 4~f/o~~ e SIGNATURE OF BIDDERS: !~V,,.~'~ If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the fine. If a corporation, state the legal name of the corporation, also the names of the president, secretary, treasurer and manager thereof. 'fin ~~rw. , a0 .e s ' t.._ (o~ y. S~ JS.O ~ ~Y r4 I r`2 4 C i I.Q / TELEPHONE NO. c~~S-s - 9fsy0 DATED: Z~`, X001 BIDDER'S ACK\O~VLEDGEMENT OF ADDENDUMS: / ADDENDUM NO. I T DATE: ~o/O~~ ;"• ADDENDUM NO. 2 DATE: ~ ADDENDUM NO. 3 DATE: BIDDER'S FIRM A*AME ` f/ D yhL AESIG\t1TI0\ OF SUB ('M"1'Rnr-rnL~c !n compliance with the provisions of Section 4100.4110 of California Public Contract Code of the State of California, and any amendments thereof, each bidder shall set forth the name and location of each sub-contractor aho uyll perform work or labor or render sen•ice to the Con[ractor. Name & Address Under Which Licensed Agency & No. of I1IBE / WBE CERT. ( if applicable ) I•eryaus•o , P~~•li, AJ•k. ---___-- s~.tu B. l~,a~.s..,,,,y/ &s-°'`- 3. ~--~_ P. o_,~=Z C,41+,ro,,.s L'f~ c~.l ~-~.- o--s ~H= rr~~ ~14w .q gZ3~6 5. Sub-Contractor's Sub-Contract SpeciRc Phone No. Amount Description ~ -~~~ . s S ti I ~~aa~ ~_ 7/y •6yQ. 039J fl0 v 5~...c.,,~ ~ 0 Z 3 cn.~ S~u~,rc 6. IF ADDJTIONAL SPACE IS REQUIRED. PLFaer rntot~rere Tvre ...~.._ 1Z/18/2001 15:08 FA% 828 458,4201 CITY OF AI.HAMBRA r~001 Fax 70: Mehran Sepehri, PE Fa7c 909.384155 Phone: 90&374-5127 Frorrq Ali Cayir, PE (Tel: Date: 1zl1orol Rm Bid Protest Parking Structure 10304 CC: File ^ Urgent ^ For Review O Please Comment ^ Please ReP1y ^ Please Recycle Dear Mehran: As requested,) reviewed the bid protest submitted by Truesdell for the subject project It is my professional opinion that the Bids should lie rejected, and after incorporating appropriate revisionslclarifications into the bid documents, the project should lie readvertised. The Attorney, who submtted the bid protest on behalf of Truesdell presents multiple issues and reasons why the bids must be rejected. Your design Consultant, TYLIN tntemational's November 29, 2001 letter responds to all of the issues, and concludes that the claims presented in the Bid Protest are inaccurate or untrue. One of the issues the Bid Protest Brief raises is the ambiguity of Bid Item 17. Bid Item 17 states the following: "Additional Items not listed above at the lump sum price of Truesdell's protest indicates that the ambiguity of this item flawed the bidding process. It further states that, when asked about the meaning of this line item, the City's response was "anything we might have forgof'. I do not think City staff would have given an answer like that. As a matter of fact, TYLIN's November 29 letter, Page 2, 12/18/2001 15:08 FA% 828 456 4201 CITY OF ALHAIdBIU December 10, 2001 Bid Protest, Parking Structure 10304 Page 2 of 2 on this issue, states that Cily staff did not make such statement. Instead, the answer given by City staff was that "this item would indude items of work shown on the plans and specifications that are not covered by the unit price line items elsewhere on the Bid Schedule". TYLIN's letter, further indicates in the last paragraph of the same page: ".411 this work is shown on the plans and covered in the specifications, and there was plenty of ffme to submit a question to Lardy the speGfic work intendent to be paid for by Bid Item 17 if so desired. All the bidders had fhe same information and were equally informed to propane theirbid prices forthe work rnquind. Any ambiguity associated with this bid item actually worked in Tiusdell's favor since the amount he bid for it was essentially zero" In my opinion, Bid Item 17 is ambiguous and does not provide a dear descriptor of scope of work associated with this item. While TYLIN's letter states that a proper answer was given tD bidders, there is no Addendum darifying this item. Furthenrrore, the description states "additional items not listed above". In my opinion that would mean that there is some other additional work in the project, but no description of such additional work is provided, and therefore, the bidders will have to guess. 1YLIN's last sentence "Any ambiguity assocated with this bid item actually worked In TnrsdelPs favorsince the amount he bid forit was essentially zero `cannot lie a defense against ambiguity. The question is rf this bid item clearly defines a scope aF work, and is it reasonable to expect bidders to understand the extent of the scope and provide a bid. In my opinion, the answer is 'no". In the event the City opts to award the contract despite the protest, what will the measurement basis be to pay for this item? ~ 002 In condusion, it is my professional opinion that, to be conservative, the Bids should be rejected, and after incorporating appropriate revisions/clarifications into the bid documerrts, the project should be readvertised. C.1VdIN00VVS1TEMPN21001 letler b mghran ~e bid pfotesttlce