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HomeMy WebLinkAbout06 - FY 2022-23 Playground Refurbishment Program — Award of Contract No. 8953-1 (23P01)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report June 27, 2023 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Tom Sandefur, Assistant City Engineer, tandefur@newportbeachca.gov PHONE: 949-644-3321 TITLE: FY 2022-23 Playground Refurbishment Program — Award of Contract No. 8953-1 (23P01) ABSTRACT: The Capital Improvement Program (CIP) includes funding to repair and/or replace play equipment and rubber surfacing at City of Newport Beach (City) playgrounds. Staff has received construction bids for the FY 2022-23 Playground Refurbishment Program and requests City Council approval to award the work to R.E. Schultz Construction, Inc. (R.E. Schultz) of Orange, CA. The project will provide maintenance to Peninsula Park due to the age of the equipment and deterioration of the rubber surfacing. RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, because this project results in no expansion of an existing use and has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Declare the bid submitted by Western State Builders, Inc. (WSB) of Escondido, CA as non -responsive; d) Award Contract No. 8953-1 to R.E. Schultz for the base bid price of $293,315, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $30,000 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. DISCUSSION: As part of the FY 2022-23 Playground Refurbishment Program, staff identified Peninsula Park located at 801 E. Oceanfront as needing maintenance due to the age of the equipment and rubber surfacing. 6-1 FY 2022-23 Playground Refurbishment Program — Award of Contract No. 8953-1 (23P01) June 27, 2023 Page 2 The improvement is necessary to maintain desired safety levels and accessibility compliance. The project scope includes reusing the existing swing bay and Geoplex climber and adding new play equipment and rubber surfacing. The design of the new play equipment includes components that are accessible from the ground level and elevated components that will be accessible via a transfer platform. Staff developed contract documents accordingly and advertised the project for public bids. At 10 a.m. on April 5, 2023, the City Clerk opened and read the following bids: Engineers Estimate $310,000 BIDDER BASE BID LOW* Western State Builders, Inc. $254,793 2nd R.E. Schultz Construction, Inc. $293,315 3rd M.S. Construction Management Group $342,803 4t" MBC Enterprises, Inc. $373,330 5t" Armstrong Cal Builders, Inc. $396,437 * Non -Responsive Bid On April 10, the City received an official bid protest from the second lowest bidder (R.E. Schultz), with the following claims: • WSB is not an LSI Certified installer. WSB's response file included bid documents that were not properly notarized: Non -Collusion Affidavit, Contractor's Industrial Safety Record, and Information Required of Bidder. Staff routed the official bid protest letter to the apparent low bidder (WSB) and received an official bid response on April 14 (Attachment C). Based on staff's review of the pertinent documents — with assistance from the Office of the City Attorney — WSB's bid has been deemed non -responsive for the reasons stated above. Therefore, staff recommends awarding the contract to R.E Schultz, the second low bidder at $293,315, which is 5.4% below the Engineers Estimate. R.E. Schultz possesses a valid and current California State General Engineer "A" Contractor's License with a "C-610-34" (prefabricated equipment) license. R.E. Schultz will be utilizing a subcontractor who holds a "C-61/D-12" (synthetic products/rubber surfacing) license. 6-2 FY 2022-23 Playground Refurbishment Program — Award of Contract No. 8953-1 (23P01) June 27, 2023 Page 3 R.E. Schultz holds a Playground Safety Inspector Certification, is a Pacific Play Systems Certified Installer, and an LSI Certified Installer, as required by the contract documents. A check of the R.E. Schultz's references indicates satisfactory completion of similar projects for other public agencies and previous playground jobs with the City. Additionally, R.E. Schultz holds a City of Newport Beach on -call maintenance/repair services agreement for playground equipment and installation services. Pursuant to the contract documents, the contractor will have 120 calendar days to procure the equipment and 20 consecutive working days to complete the project. Although the contractor will be allowed to order and receive the required playground equipment and materials, no actual construction work at the park will be allowed to start until after the Labor Day weekend. The project plans and specifications will be available for review at the June 27, 2023, City Council meeting or upon request. FISCAL IMPACT: As approved, the proposed budget amendment and current adopted Capital Improvement Budget provide sufficient funding for the award of this contract. The Building Excise Tax (BET) fund is used to account for property development taxes imposed on construction and occupancy of all residential, commercial, industrial units, and mobile home parks for which a building or construction permit is issued. BET funds are used for acquiring, improving, expanding and equipping City fire stations, City libraries and City parks as provided by Chapter 3.12 of the Newport Beach Municipal Code. The following funds will be expended: Account Description General Fund (23P01) General Fund (22P01) BET Fund (21 P01) Account Number 01201929-980000-23P01 01201929-980000-22P01 014101-980000-21 P01 Amount $ 294,971.61 $ 9,185.39 $ 19,498.00 $ 323,655.00 The General Fund is used to account for fiscal resources that are dedicated to governmental operations of the City and are not required to be accounted for in another fund. Proposed fund uses are as follows: Vendor Purpose Amount R.E. Schultz Construction Contract $ 293,315.00 R.E. Schultz Construction Contingency $ 29,340.00 Various Printing & Incidentals $ 1,000.00 $ 323,655.00 Staff recommends establishing $29,340 (approximately 10 percent) for contingency purposes to cover the cost of unforeseen work associated with construction. 6-3 FY 2022-23 Playground Refurbishment Program — Award of Contract No. 8953-1 (23P01) June 27, 2023 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301—Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Bid Protest Letter Attachment C — Response to Bid Protest ATTACHMENT A CITY OF COSTA MESA OPROJECT LOCATION PENINSULA PARK PLAYGROUND JOHN WAYNE AIRPORT UPP NEtWP r1w,I' • C VICINITY MAP NOT TO SCALE H T 0 FY 2022-23 PLAYGROUND CITY OF NEWPORT BEACH REFURBISHMENT PROJECT PUBLIC WORKS DEPARTMENT PENINSULA PARK LOCATION MAP C-8953-1 06/13/23 6-5 ATTACHMENT B ch � i = tj 1 4 � ® Lo05tructio n, Inc General Engineering ` Contractors Lic. #1007195 April 07, 2023 City of Newport Beach Public Works Department Kathryne Cho Civil Engineer 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 Re: Official Protest for FY 2022-2023 Playground Improvements 8953-1 To Whom It May Concern: Please accept this letter as our official protest of the apparent low bidder, Western State Builders, Inc.'s bid for FY 2022-2023 Playground Improvements 8953-1. Item No. 1- Western State Builders, Inc. is not a Landscape Structures Certified Installer per City bid document requirements. Page 2 of the specifications state "c) LSI certified installer (Landscape Structures Incorporated)." A list of current LSI certified installers has been enclosed. Item No. 2- Western State Builders, Inc. submitted an incomplete Non -Collusion Affidavit; therefore it could not be lawfully notarized per Government Code section 8205 "A notary public may not notarize a document that is incomplete. If presented with a document for notarization, which the notary public knows from their experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document." Western State Builders, Inc. failed to complete the County, Name, Title, and Company Name. Item No. 3- The following notarized bid documents and notary acknowledgments submitted by Western State Builders, Inc. are null and void: Non -Collusion Affidavit, Contractor's Industrial Safety Record, and Information Required of Bidder. The notary acknowledgments were unlawfully notarized on April 3, 2023, two days prior to the documents being completed and signed on April 5, 2023. "In the certifcate of acknowledgment, the notary public certifes: That the signer personally appeared before the notary public on the date indicated in the county indicated; To the identity of the signer; and That the signer acknowledged executing the document." In summary, Western State Builders, Inc. bid should be deemed non responsive based on the items listed above and award the contract to the most responsive bidder, R.E. Schultz Construction, Inc. 1767 N. Batavia St., Orange, CA 92865 1714.649.2627 1714.740.5049 1 www.reschultzconstruction.com 6-6 gxa Bch fit o,rtructlun, #�Z General Engineering Enntrectnr5 Lip. #1007195 R.E. Schultz Construction, Inc. submitted a competitive bid that complies with the requirements set forth in the Bid Documents. We have been a certified installer for Playcraft since 2016, Landscape Structures certified since 2015, and have completed hundreds of these exact jobs all over California for more than 24 years. We are licensed with an A, B, and C-61/1)34 license. Thank you for the opportunity to complete the mentioned work. Sincerely Richard Schultz President P: (714) 350-4269 E: rick@reschultzconstruction.com Cc: chelsea@reschultzconstruction.com Cc: nicole@reschultzconstruction.com Enclosures (8): City of Newport Beach Bid Documents Excerpt Current List of LSI Certified Installers WSB Non -Collusion Affidavit WSB Signature & Notary Forms CA 2023 Notary Handbook Excerpts RES Playcraft Certified Installer Certificate RES Landscape Structures Certified Installer Certificate RES CPSI Certificate 1767 N. Batavia St., Orange, CA 92865 1714.649.2627 1714.740.5049 1 www.reschultzconstruction.com 6-7 products/rubber surfacing) license is required for installer of playground equipment and rubber surfacing, respectively. At the start of work and until completion, the Contractor and all Subcontractors shall possess a valid Business License issue by the City. "D-34" licensed playground equipment installer (Prime or Subcontractor) shall possess the following current certifications by relevant members of the project team assigned to City project, at time of bid: a) CPSI certification (Certified Playground Safety Inspector) b) Factory certified installer (Playcraft Systems) c) LSI certified installer (Landscape Structures Incorporated) If there is a conflict or discrepancy, City CPSI representative's determination shall control. If "D-34" license holder is a Subcontractor, Contractor MUST provide an additional Technical Ability and Experience References form (Using the attached form) listing out the Subcontractor's experience with public agency playground related projects in the past 2 years and in excess of $150,000. Additionally, Contractor MUST provide copies of certification (or D-34 Subcontractor's certification) as described in this section. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing flexible play surface systems; furnishing and installing new play equipment and components, relocating existing play equipment and other incidental items to complete the work in place required by the Contract Documents. 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER 2-10.1 Substitution Requests Substitution requests must be submitted by a Prime Bidder, a minimum of 10 days prior to bid date. Any approved equals shall be issued by addendum only, prior to bid date. Page 2 of 23 .: CALIFORNIA Ross Roc_ 105 Ross Rec. 106 Ross Rec_ 106 Ross It. 106 Ross Rec, 106 RaS5 Rec_ 106 Recest -1 20 Blanchard Construction (Sacramento) Torn Blanchard LeConstruction John Leonard James Brenernan, 5_P_ Jim Breriernan Creative Builders - Who Built ( north of SF}Jana Fe�!-C Ding Khan Drilling and Construction, inc. T. Khan Died] General Constructofs.. Inc_ Jose Gc'nez Corinm un4 Playgrounds (Bay area) Curt Near Evergeeen Environment Inc. i East LA area) Juan Sandoval Cicefa Engineering (South LA) Frank Cicero Central Coast Playgrounds Matt Norris Play r-oundations 5 of LA, N of San Diego) Jack Cox Tot Lot Pros, Inc_ (East LA) Jack Stfiegel 6-9 R. E. Schultz Contrucbon 15outh of LA) Richard Schultz City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the St to of lifornia that the foregoing is true and correct. vLc, Bidder 1u h rized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of 12023 by 1U 1 a n proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] Notary Public My Commission Expires: 14 6-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of SAN DIEGO )} On 41517,013 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JULIAN P. DILLAVOU-MOEN Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s4 is/-ffesubscribed to the within instrument and acknowledged to me that he/5 eA+my executed the same in his/*etAheif authorized capacity(fea), and that by his/hef4hefr signature(e) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. TRACY LYNN RODRIGUEZ Z COMM. #2318838 SAN DIEGO COUNTY QQQ NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES ' JANUARY11,2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Si ature Public Vr 1 IVIVNI. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN N Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n Other - Signer is Representing: 6-11 City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts L y 5 S O 3 5 'L Z 0 z Z Ll Total dollar Amount of 4.Lo Contracts (in Thousands of $ No. of fatalities C d No. of lost Workday Cases v d No. of lost workday cases involving U o d permanent 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. `[1 6-12 Legal Business Name of Bidder Business Address: Li etc d r-amy e J�-Te. ES cG,,,Jt& C(V 1 ZU Z°l Business Tel. No.: l&u,- 2Z U - 5�CAI q State Contractor's License No. and Classification: Title Wes--erh SA-a.-e �U,�C%ers, kw(,. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 6-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On �3I2Z� before me, Date TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared JULIAN P. DILLAVOU-MOEN Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(F4 is/afesubscribed to the within instrument and acknowledged to me that he/5*eftheq executed the same in his/ e+4 authorized capacity(fee), and that by his/hefAheir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY LYNN RODRIGUEZ f- COMM. # 2318838 - Z SAN DIEGO COUNTY NOTARY PUBLIC•CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 Si_&ature'­&kotW Public Vr 1 IV141AL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN M Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n Other Signer is Representing: 6-14 City of Newport Beach FY 2022-2023 PLAYGROUND IMPROVEMENTS PROJECT NO. 23P01 CONTRACT NO. 8953-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Vies i-erq S}0Ive 9,; k4rs, I'v, Business Address: Z 11-t� 6 rok" < kv-P. L sco,,�,& GN 9 L0Lr1 Telephone and Fax Number: 40 V Z,0 - Cd G;cl California State Contractor's License No. and Class: 0Gq(J11 fl� C61_B�`I (REQUIRED AT TIME OF AWARD) Original Date Issued: Cu - K-Z02d Expiration Date: ._Zc L,`( List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Tc7 v�zg �eil�ol �pjt'�� 4r15;deA I SQre6--( 2lt-(` my gC l e. -1(W -101- GU L Lf �Ul�a� Mue� vice �res.4en� I tm\ 0,A,,gk (�yP. 6scd�c� . CA 9�Zc4 7i�0-Z1U -b43°1 Corporation organized under the laws of the State of 19 6-15 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: wcs �ePn Si-o,•1-� 6� � l�ers � I� c . For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; W l• �- Briefly summarize the parties' claims and defenses; N' I lV Have you ever had a contract terminated by the owner/agency? If so, explain. Mo Have you ever failed to complete a project? If so, explain. hyo For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 6-16 Are any claims or actions unresolved or outstanding? Yes /1@6 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. W'o-s Ve'y\ S1-u�'� Bidder IU 1kc'_" Ho-u\ (Print name of Owner or President of Cor oration/Company) �1 u orized Signature/Title U - i? Title Date 5 .'Zuz3 On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: (SEAL) 21 6-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 3 kRL3 before me, Date TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared JULIAN P. DILLAVOU-MOEN Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(&) is/ere subscribed to the within instrument and acknowledged to me that he/spekh-ey executed the same in his/*etAheif authorized capacity(ies), and that by his/weir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(* acted, executed the instrument. TRAC)Y LYNN RODRIGUEZ r Z COMM. # 2318838 D SAN DIEGO COUNTY D NOTARY PUBLIC-CALIFORNIAZ QQ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4� 5%ture(4yot4&byb1ic Vr 1 IVNIAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN N Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association NumberofPages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 6-18 10 GENERAL INFORMATION If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary public immediately must notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The notification must include the periods of journal entries, the notary public commission number, the commission expiration date, and, when applicable, a photocopy of the police report that lists the journal. (Government Code section 8206(b)) A notary public must respond within 15 business days after the receipt of a written request from any member of the public for a copy of a transaction in the notary public journal by supplying either a photostatic copy of a line item from the notary public's journal or an acknowledgment that no such line item exists. The written request shall include the name of the parties, the type of document, and the month and year in which the document was notarized. The cost to provide the requested information must not exceed thirty cents ($0.30) per page. (Government Code sections 8206(c) and 8206.5) The sequential journal is the exclusive property of the notary public and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The circumstances in which the notary public must relinquish the journal or permit inspection and copying of journal transactions and the procedures the notary public must follow are specified in Government Code section 8206(d). A notary public is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public's journal. (Government Code section 8228.1) Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk's office where the oath is on file. If the notary public willfully fails or refuses to do so, the notary public is guilty of a misdemeanor, and shall be personally liable for damages to any person injured by that action or inaction. (Government Code section 8209) Any notarial journals, records and papers delivered to the Secretary of State will be returned to the sender. Conflict of Interest A notary public may notarize documents for relatives or others, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California's community property law, care should be exercised if notarizing for a spouse or a domestic partner. A notary public would have a direct financial or beneficial interest to a transaction in the following situations (Government Code section 8224): • If a notary public is named, individually, as a principal to a financial transaction. • If a notary public is named, individually, as any of the following to a real property transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee. A notary public would not have a direct financial or beneficial interest in a transaction if a notary public is acting in the capacity of an agent, employee, insurer, attorney, escrow holder, or lender for a person having a direct financial or beneficial interest in the transaction. If in doubt as to whether or not to notarize, the notary public should seek the advice of an attorney. Acknowledgment The form most frequently completed by the notary public is the certificate of acknowledgment. The certificate of acknowledgment must be in the form set forth in Civil Code section 1189. In the certificate of acknowledgment, the notary public certifies: • That the signer personally appeared before the notary public on the date indicated in the county indicated; • To the identity of the signer; and • That the signer acknowledged executing the document. 6-19 16 GENERAL INFORMATION Note: California notarial law does not provide a provision requiring a California notary public to cross out, or not cross out, pronouns such as he/ on a notarial certificate. A notary public seal and signature cannot be affixed to a document without the correct notarial wording. Powers of Attorney - Certifying A notary public can certify copies of powers of attorney. A certified copy of a power of attorney that has been certified by a notary public has the same force and effect as the original power of attorney. (Probate Code section 4307) A suggested format for the certification is shown below. Other formats with similar wording may also be acceptable. State of California l County of J I (name of notary public) , Notary Public, certify that on (date) , I examined the original power of attorney and the copy of the power of attorney. I further certify that the copy is a true and correct copy of the original power of attorney. Notary Public Signature Notary Public Seal Note: A notary public seal and signature cannot be affixed to a document without the correct notarial wording. Notarization of Incomplete Documents A notary public may not notarize a document that is incomplete. If presented with a document for notarization, which the notary public knows from their experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document. (Government Code section 8205) Correcting a Notarial Act There are no provisions in the law that allow for the correction of a completed notarial act. If a notary public discovers an error in a notarial act after completing the act, then the notary public should notarize the signature on the document again. All requirements for notarization are required for the new notarial act, including completing and attaching a new certificate containing the date of the new notarial act and completing a new journal entry. Certified Copies A notary public may only certify copies of powers of attorney under Probate Code section 4307 and their notary public journal. (Government Code sections 8205(a)(4), 8205(b)(1), and 8206(e)) Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545) Illegal Advertising California law requires any non -attorney notary public who advertises notarial services in a language other than English to post a prescribed notice, in English and the other language, that the notary public is not an attorney and cannot give legal advice about immigration or any other legal matters. The notary public also must list the fees set by statute that a notary public may charge for notarial services. In any event, a notary public may not translate into Spanish the term "Notary Public," defined as "notario publico" or "notario," even if the prescribed notice 6-20 CERTIFICATE of ACHIEVEMENT THIS ACKNOWLEDGES THAT 4 RICK SCHULTZ R.E. SCHULTZ CONSTRUCTION, INC. Issue Date: 2/28/2023 Exp. Date: 12/31 /2024 HAS SUCCESSFULLY COMPLETED THE Certified Installer Program GS.<7 A_ CJ Schatza, VP/General Manager PLAYCRAFT' A PLAYCQRC Company 6-21 kk landscape structures Cbl*s Certificate Approves R.E. Schultz Construction d� �i'acviz� mzL tie k4x dwe a'a/LcGl rLeff� la kcome a Certifteb Installer �F>-fo/,.ai i ryFh�,raad�f Yiiw� Olrir/ire r'/.re,. Calendar Years 2020-2023 Date , 1k--4Vq( Official Validation Landscape Structures Inc., 601 7th Street South, Delano, MN 55328 USA 6-22 .0 at'ona� Recreation and park Assoclatln Let it be known that RICHARD SCHULTZ has met the requirements of the standards set forth by the National Certification Board and is hereby granted certification as a CHAIRPERSON NRP4 PAESIDENI ANO CEO Certified Playground Safety Inspector April 19, 2021 DATE CERTIFIED 51153-0524 CERTIFICATION NUMS99 May 01, 2024 EXPIRATION DAZE 6-23 ATTACHMENT C WESTERN STATE BUILDERS INC. 2141 ORANGE AVE ESCONDIDO CA April 14,2023 City of Newport Beach Public Works Department Kathryne Cho 100 Civic Center Drive Bay 2D Newport Beach, CA 92660 Re: Response to Official Bid Protest for: Bid No. FY 2022-2023 Playground Improvements 8953-1 Please accept this letter as Western State Builders Inc. response to the official bid protest submitted by R.E. Schultz Construction Inc's bid for, Bid No. FY2022-2023 Newport Beach Park. Item No.1— Western State Builders Inc carries multiple certification companywide; these certificates include NPSI, better known as the National Playground Safety Institute. Several members of our organization are also certified as CPSI's, better known as Certified Playground Safety Inspectors. These members in our organization that hold these Certificates are not only our upper management but our field installation members, "Boots on the ground" also hold these certificates among other Certificates. Per ASTM f1487-21 being certified by a manufacturer is not addressed to be lawfully allowed and able to construct playground equipment for public use. Please see excerpt from the U.S. Consumer Product Safety Commission for Public Playground Safety. 2.6 Assembly and Installation • Strictly follow all instructions from the manufacturer when assembling and installing equipment. • After assembly and before its first use, equipment should be thoroughly inspected by a person qualified to inspect playgrounds for safety. • The manufacturer's assembly and installation instructions, and all other materials collected concerning the equipment, should be kept in a permanent file. • Secure anchoring is a key factor to stable installation, and the anchoring process should be completed in strict accordance with the manufacturer's specifications. Per California Health and Safety Code Section 115725; being certified by a manufacturer is not addressed to be lawfully allowed and able to construct playground equipment for public use. Please see excerpt. (a) All new playgrounds open to the public built by a public agency, or any other entity shall conform to the playground -related standards set forth by the American Society for 6-24 Testing and Materials and the playground -related guidelines set forth by the United States Consumer Product Safety Commission. Per California Contractors State License Board, Installation of Publicly used playground equipment shall be installed by a licensed C61-D34 Licensed contractor which Western State Builders Inc holds and has held for many years. California Code of Regulations Title 16, Division 8, Article 3. Classifications A prefabricated products/equipment contractor performs installations of prefabricated products/equipment, including but not limited to the following: • (a) Theater stage equipment, school classroom equipment, playground equipment, bleacher bench/seat component parts (no installation or renovation of any supporting or structural member); store fixtures, and display cases (either prefabricated or modular form); all forms and types of toilet/shower room partitions/accessories; and prefabricated closet systems. (b) Laboratory and medical equipment, dust collecting systems; factory -built fireplaces and accessories (no masonry facing); major appliance installations and ventilating hoods in connection with existing fuel and energy lines which are installed by others. • (c) Bus stop shelters, prefabricated phone booths; prefabricated soundproof environmental clean rooms; panelized refrigerated walk-in boxes (not to include the work of refrigeration contractor); all types of modular office, institutional or home improvement systems including, but not limited to all types of pre -finished and/or UL listed pre -wired wall panels. Western State Builders Inc. is properly licensed A, D, C-61 D-34, We are NPSI and CPS[ certified and possess direct related experience of this scope of work and project scope as a whole for many years. The requirement to be specifically certified with this manufacture for this limited scope of work we believe is a preference of the city and should not constitute De -qualification per Spec Section 2-1: If there is a conflict or discrepancy, City CPSI representative's determination shall control. Manufacturer certification does not address relocation of existing equipment. My understanding is that being manufacturer certified is not a request of specific manufacturers. Not being manufacture certified also should have limited or no effect in our opinion per excerpt below, pulled from the manufacturer in questions website. 100-year warranty on post, 3-year limited warranty on swings The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered "normal wear" in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are 6-25 subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the play structures and/or equipment are erected to conform with Landscape Structures' installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc There appears to have been no connection or discussion regarding warranty affected by manufacturer certified installation. We urge the city to review the preference for the contractor to be Manufacture Certified to relocate the limited scope items mentioned as LSI Equipment and focus on the costs savings Western State Builders Inc. Poses as the low bid contractor. Western States does not need to grossly inflate our public works proposals for projects like this as well as this project in question. We feel Western State Builders is certainly qualified to perform the work as depicted in the plans and specs. Western State Builders Possess all the legal licenses and certificates to execute this project lawfully and skillfully. Item No. 2&3 — Western State Builders signed and submitted a legally binding All Purpose Acknowledgment form for the aforementioned documents. The documents were filled out executed by our notary. At time of bid there were several projects being bid, however the overall bid bond and executed bid package was Notarized and complete. We can submit supporting documents if required, however I believe the second low bidder is trying to de - qualify a very qualified contractor as well as bid package. In summary, Western State Builders Inc. submitted a competitive, non -grossly inflated bid that complies with all the legalities addressed by many different state and federal organizations for similar like projects. Western State builders Inc. has a demonstrated history of completing similar like public works projects throughout Southern California for many years, Western Builders possess the skill, training, licenses, certifications as well to complete this project. Western State Builders Inc. looks forward to another successful project with the city of Newport Beach and looks forward to this project! Sincerely Julian Moen Western Stat ilders Inc. tq ° �3 6-26