HomeMy WebLinkAbout20 - Newport Beach Junior Lifeguard Building Project - Award of Construction ContractQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 23, 2022
Agenda Item No. 20
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Senior Civil Engineer
ptauscher@newportbeachca.gov
PHONE: 949-644-3316
TITLE: Newport Beach Junior Lifeguard Building Project - Award of
Construction Contract No. 7524-2 (19F13) and Approval of
Amendment No. Four to Professional Services Agreement with Jeff
Katz Architects Inc. for Construction Support Services
ABSTRACT:
Staff has received construction bids for the Newport Beach Junior Lifeguard Building
Project. The new Junior Lifeguard building will be located at 901 East Ocean Front in the
A Street parking lot. Staff requests City Council approval to award the construction
contract to TELACU Construction Management, Inc. (TELACU) of Orange, California and
approve the supporting professional consultant service agreement.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines.
This exemption applies to in -fill development projects in urban areas that are
consistent with the General Plan and applicable development standards;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 23-012 to increase revenue by $301,000 in the
Capital Improvement Program Contribution Fund for the Junior Lifeguard Building
Project account, 13501-561005-19F13 and to increase expenditure appropriations by
the same amount in Account No. 13501-980000-19F13 and to transfer $1,600,991 of
American Rescue Plan Act (ARPA) funds to Account No. 16601-980000-19F13 from
the Central Library Lecture Hall project - Account No. 16601-980000-19F11;
d) Award Contract No. 7524-2 to TELACU Construction Management, Inc. for the total
bid price of $6,430,000 and authorize the Mayor and City Clerk to execute the contract;
e) Establish and encumber a contingency of $643,000 (10 percent of the total bid) to
cover the cost of unforeseen work not included in the original contract; and
20-1
Newport Beach Junior Lifeguard Building Project - Award of Construction Contract No.
7524-2 (19F13) and Approval of Amendment No. Four to Professional Services
Agreement with Jeff Katz Architects Inc. for Construction Support Services
August 23, 2022
Page 2
f) Approve Amendment No. Four to the Agreement with Jeff Katz Architects Inc. to
increase the fee amount by $68,000 for construction support services for a total not -
to -exceed contract amount of $581,000, and authorize the Mayor and City Clerk to
execute the Agreement.
DISCUSSION:
Background
The Newport Beach Junior Lifeguard program was established in 1984 and quickly grew
to become one of the City of Newport Beach's (City's) most popular youth education
programs. The program now employs about 60 instructors and averages over 1,350
participants each summer. Several current lifeguards and permanent staff members
started their lifeguarding experience as junior lifeguards. The current, temporary facility
consists of a 2,160-square-foot modular trailer system that has no water or sewer
connections.
At the April 9, 2019, City Council Study Session, staff presented the Junior Lifeguard
Building Project, providing a program history, possible future building locations, building
restrictions/options, preliminary building concepts, overall project cost estimates, as well
as including a discussion on the Newport Beach Junior Lifeguard Foundation's (NBJGF)
proposed fiduciary commitment. At the meeting, the NBJGF pledged $1,250,000 toward
the cost of construction and later committed to contributing an additional $500,000 for a
new contribution commitment of $1,750,000. Council directed staff to return for the award
of the design contract for developing the building concept and construction plans, as well
as the replacement parking plans. Council's preferred project location was nearest to the
Junior Lifeguard temporary facility in the City's A Street parking lot. Additional
considerations requested by the City Council included 1) the design should account for
Junior Lifeguard program usage, off-season building rentals, and recreation programs;
and 2) the plan should provide a parking neutral solution. Council further provided
direction to staff to develop a Memorandum of Understanding between the City and the
NBJGF related to fundraising and a commitment of funds toward construction of the new
Junior Lifeguard building.
On May 14, 2019, the City Council awarded a professional services agreement to Jeff
Katz and Associates. The scope of work included development of a revised conceptual
design, construction plans, permitting, and other necessary documents.
On October 6, 2020, Public Works staff and the project architect presented the revised
project concept to the Parks, Beaches and Recreation Commission (PB&R) which voted
to support the project by a unanimous vote. The meeting was noticed via mail to all
residents within 500 feet of the project. The feedback received from attendees showed
general support for the Junior Lifeguard program and new building. The revised
building concept met the Lifeguard Division's and Recreation and Senior Services
Department's community use needs and reflected an architectural style supported by
PB&R and the public.
20-2
Newport Beach Junior Lifeguard Building Project - Award of Construction Contract No.
7524-2 (19F13) and Approval of Amendment No. Four to Professional Services
Agreement with Jeff Katz Architects Inc. for Construction Support Services
August 23, 2022
Page 3
On March 9, 2021, the City Council approved the conceptual floor plan and the building's
exterior architectural style, the environmental document, the overall project cost estimate,
and the proposed Memorandum of Understanding between the City and the NBJGF
regarding its funding commitment. Council also directed staff to proceed with preparing
the Coastal Development Permit application and the final construction documents and
obtaining construction bids.
Proposed Project
The proposed project consists of the design and development of a new Junior Lifeguard
building near the Balboa Pier. The building will replace the existing temporary facilities
the program currently operates out of and serve as a multi -functional space for use by the
Junior Lifeguard program and public, with programs and rentals offered through the
Recreation and Senior Services Department. With the continued growth of the Junior
Lifeguard program, this new facility will also resolve existing program shortfalls by adding
adequate administrative and event space, expanded storage, a utilities space and running
water, a secure restroom area, and a proper locker room for Junior Lifeguard staff.
The seven -week Junior Lifeguard program operates annually from late June to early
August. Sessions are offered daily from 9 a.m. to noon and 1 p.m. to 4 p.m. Occasional
evening events also occur throughout the program. The program generally begins with
instructors finalizing lessons and planning for the day, then gathering on the beach in
front of the proposed deck area with the Junior Lifeguards to provide the daily briefing
and special instructions. Individual groups then continue to their various training activities
on the beach or in the water in front of the facility.
The Recreation and Senior Services Department will also utilize this facility for the
remainder of the year when it is not being used for the Junior Lifeguard program. Potential
program offerings include fitness classes, education classes, facility rentals, community
meeting space and other recreation programming.
The final design has approximately 5,420 square feet of usable interior space that
includes:
• A 1,050-square-foot meeting room;
• Secure interior and exterior storage rooms;
• Meeting rooms;
• Men's and women's locker rooms;
• 1,350-square-foot deck area; and
• A public restroom facility.
The proposed project required a Coastal Development Permit review and approval by the
California Coastal Commission due to its location. The project was approved by Coastal
Commission on March 9, 2022. Following the construction of the new building, the
existing facility and any associated utilities will be removed from the beach.
20-3
Newport Beach Junior Lifeguard Building Project - Award of Construction Contract No.
7524-2 (19F13) and Approval of Amendment No. Four to Professional Services
Agreement with Jeff Katz Architects Inc. for Construction Support Services
August 23, 2022
Page 4
On June 23, 2022, construction bids were received for the project. All of the bids were
significantly higher than the Engineer's Estimate. Consequently, per staff's
recommendation, the City Council rejected all bids on July 12, 2022, and directed staff to
review the bid package, explore options to reduce costs, and re -bid the project.
On August 10, 2022, at 2 p.m. the City Clerk opened and read the following electronic
bids for this project:
BIDDER
Low TELACU Construction Management, Inc.
2 Optima RPM
3 Archico Design Build Inc
4 Woodcliff Corporation
5 Royal Construction Corporation
6 PCN3, Inc.
7 AWI Builders, Inc.
8 D.F. Perez Construction, Inc.
9 United Construction & Landscaping Inc.
10 Act 1 Construction, Inc.
11 Macro-Z-Technology
12 New Dynasty Construction Company
13 D J Daum Construction Company
14 KPRA Construction Services
15 Horizons Construction Company Int'I Inc.
TOTAL BID AMOUNT
$
6,430,000.00
$
6,501,500.00
$
6,656,821.00
$
6,978,500.00
$
6,980,000.00
$
6,985,000.00
$
6,993,500.00
$
7,032,965.00
$
7,211,200.00
$
7,281,881.00
$
7,340,000.00
$
7,511,529.00
$
7,629,249.00
$
8,001,388.00
$
8,178,990.00
After this bid opening, staff received a bid protest letter from the second lowest bidder,
Optima RPM, claiming that the low bidder's concrete subcontractor was not qualified. The
low bidder then submitted a response to the bid protest. Staff has reviewed the bid protest
as well as the low bidder's response and determined the low bidder does comply with the
contract specifications for this project. Staff recommends the City Council declare
TELACU as the lowest responsive bidder and award a contract to TELACU for the
construction of Junior Lifeguard Building Project.
The bid amount submitted by TELACU exceeds the original Engineer's Estimate of
$4,800,000 and is slightly less than the prior low bid rejected on July 12, 2022. This higher
than estimated bid is primarily believed to be a result of pandemic -related, continuing
supply chain constraints, labor shortages, and very high inflation cost impacts over the
past year. TELACU possesses a California State General Building "B" Contractors
License, as required by the project specifications. Staff has performed background and
reference checks and has received excellent references which include TELACU's
satisfactory completion of similar facility projects for local agencies. TELACU is also
familiar with City procedures, having recently constructed the Corona del Mar Library and
Fire Station No. 5.
20-4
Newport Beach Junior Lifeguard Building Project - Award of Construction Contract No.
7524-2 (19F13) and Approval of Amendment No. Four to Professional Services
Agreement with Jeff Katz Architects Inc. for Construction Support Services
August 23, 2022
Page 5
Since the approval of the funding MOU with the NBJGF calling for a contribution
commitment of $1,750,000, the NBJGF has continued its fundraising campaign.
Last week, the NBJLF advised the City that the foundation will be able contribute an
additional $301,000, for a total contribution of $2,051,000 toward the cost of constructing
the new building. This additional funding, combined with an increased allocation of ARPA
funding as detailed in the attached budget amendment, will make up the shortfall in
budgeted funds for this project. The ARPA program guidelines require all of the City's
ARPA allocation to be encumbered by December 31, 2024. Staff is therefore
recommending transferring additional ARPA funds from the Central Library Lecture Hall
project budget to this project's budget to cover the shortfall, thereby increasing the
amount of ARPA funds that will be encumbered well in advance of that deadline. Staff
will make recommendations either as part of the FY 2023-24 CIP process or at the time
of bid award for the Lecture Hall project to backfill that project's budget with alternative
City funds.
With a remedy identified to address the project budget shortfall for this community desired
facility, and with the expectation that it will most likely take an extended period of time for
the construction bid/cost environment to be less volatile, staff recommends that the City
Council accept this bid and begin construction immediately in order to have the new Junior
Lifeguard building complete and open for the 2023 summer season. Upon award, and
pursuant to the contract specifications, work should be completed by May 26, 2023.
Liquidated damages in the amount of $2,500 per calendar day may be assessed in case
of tardy completion.
The project plans and specifications will be available for review at the August 23, 2022
City Council meeting or upon request.
Additional Consulting Services Needed During Construction
In addition to approving the construction contract with TELACU, a contract amendment
with the project's design consultant, Jeff Katz Architects for $68,000 is necessary.
Additional architectural oversite services are necessary to review construction submittals,
respond to requests for information, and attend construction job site meetings.
Furthermore, staff received an acceptable proposal from Geocon West, Inc. to provide
necessary geotechnical and material testing for the project. Geocon's $85,570 testing
and inspection proposal is cost effective and reasonable for this project. Public Works will
utilize the consultant's current on -call contract to provide for these services.
FISCAL IMPACT:
Planning and construction of this project has been included within the City Facility
Financing Plan (FFP) for many years. Upon approval of the attached budget amendment,
the FY 2022-23 Capital Improvement Program budget will include sufficient funding for
the award of this contract and amendment. Project funding will be expensed from the
following accounts:
20-5
Newport Beach Junior Lifeguard Building Project - Award of Construction Contract No.
7524-2 (19F13) and Approval of Amendment No. Four to Professional Services
Agreement with Jeff Katz Architects Inc. for Construction Support Services
August 23, 2022
Page 6
Account Description
American Rescue Plan Act (ARPA) CIP
ARPA CIP
NBJF Foundation Contributions
FFP: Junior Guards
General Fund CIP
Account Number
16601-980000-19F13
16601-980000-22 F 13
13501-980000-19F13
53101-980000-19F13
01 201925-980000-22F13
Total:
Total overall current and estimated remaining project costs are as follows:
Vendor
Jeff Katz Architecture
TELACU
TELACU
Geocon West, Inc.
Various
Various
Various
City of Newport Beach
ENVIRONMENTAL REVIEW:
Purpose
Design $
Construction Contract $
Construction Contingency $
Testing/Inspecting/Geotech $
Utilities Connections $
Specialty Equipment/Service $
Incidentals $
OCWD, NMUSD, Misc. Fees $
Total: $
Amount
4,750,991
450,000
2,051,000
520,009
75,000
7,847,000
Amount
581,000
6,430,000
643,000
86,000
20,000
27,000
45,000
15,000
7,847,000
On March 9, 2021, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 (In -Fill Development
Projects) of the CEQA Guidelines. This exemption applies to in -fill development projects
in urban areas that are consistent with the General Plan and applicable development
standards.
Moreover, on March 9, 2022, the California Coastal Commission approved this project
with 15 special conditions, Permit No. 5-21-0391.
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). Additionally, Public Works has
presented and discussed this project at several prior City Council meetings, a Park,
Beaches and Recreation Commission meeting, a Coastal Commission meeting, as well
as sent notification letters regarding the proposed project to adjacent property owners
and residents.
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Budget Amendment
Attachment C — Amendment No. Four to Professional Service Agreement with Jeff Katz
Architecture
Attachment D — Optima RPN Bid Protest Letter and TELACU Response Letter
20-6
ATTACHMENT A
co
Q�
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M,4iN STR��Tp\
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A
P9 C/FCC
Oc
NEWPORT BEACH
JUNIOR LIFEGUARD BUILDING
NOT TO SCALE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
• � 9010 1 11_9
C-7261-01
8/23/2022
20-
ATTACHMENT B
F �gW PART
City of Newport Beach
` BUDGET AMENDMENT
2022-23
��foa
BA#: 23-012
Department: Public Works
ONE TIMEN Yes ❑ No
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY y l
Finance Director: Date
21 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations for the Junior Lifeguards Builidng Project. from existing budget appropriations
❑ from additional estimated revenues
❑ from unappropriated fund balance
Fund # Org Object Project Description Increase or (Decrease) $
135 13501 561005 19F13 CONTRIBUTIONS FUND CIP - PRVT DONATION/CONTR 301,000.00
Subtotal $ 301,000.00
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
135
13501
980000
19F13
CONTRIBUTIONS FUND CIP - CIP EXPENDITURES FOR (
301,000.00
166
16601
980000
19F13
CIP EXPENDITURES FOR GL
1,600,991.00
166
16601
980000
19F11
CIP EXPENDITURES FOR GL
(1,600,991.00)
Fund # Object Descri
135 300000 CONTRIBUTIONS FUND - FUND BALANCE CONTROL
166 300000 ARPA 2021 - FUND BALANCE CONTROL
Subtotal $ 301,000.00
Increase or (Decrease) $
Subtotal $
No Change In Fund Balance
20-8
ATTACHMENT C
AMENDMENT NO. FOUR
TO PROFESSIONAL SERVICES AGREEMENT WITH
COAR DESIGN GROUP (FORMERLY JEFF KATZ ARCHITECTURAL
CORPORATION) FOR NEWPORT BEACH JUNIOR LIFEGUARD BUILDING
ENGINEERING AND ARCHITECTURE SERVICES
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 23rd day of August, 2022
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City") and COAR DESIGN GROUP, a Califomia
corporation, whose address is 6353 Del Cerro Blvd, San Diego, CA 92120, and is made
with reference to the following:
RECITALS
A. On May 14, 2019, City and Jeff Katz Architectural Corporation, a California
corporation ("Consultant") entered into a Professional Services Agreement
("Agreement") to provide evaluation and design engineering and architectural
services for the Newport Beach Junior Lifeguard Building Project ("Project"),
commencing on May 14, 2019, and terminating on June 30, 2022.
B. On November 30, 2020, City and Consultant entered into Amendment No. One to
the Agreement to amend the Schedule of Billing rates, and to amend the Insurance
requirements.
C. On April 16, 2021, City and Consultant entered into Amendment No. Two to the
Agreement to reflect additional Services not included in the Agreement, as
amended, to extend the term of the Agreement to June 30, 2023, to increase the
total compensation, and update the Insurance requirements.
D. On December 1, 2021, City and Consultant entered into Amendment No. Three to
reflect additional Services not included in the Agreement, as amended, and to
increase the total compensation.
E. The parties desire to enter into this Amendment No. Four to reflect Consultant's
new name of COAR Design Group, additional Services not included in the
Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. Two, Exhibit A to
Amendment No. Three, and Exhibit A to this Amendment No. Four shall collectively be
known as "Exhibit A." The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
COAR Design Group Page 1
20-9
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to Amendment No. One, Exhibit B to Amendment No.
Two, and Exhibit B to this Amendment No. Four shall collectively be known as uExhibit
B n
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsuttant fees, shall not exceed Five Hundred Eighty One
Thousand Dollars and 00/100 ($581,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Four,
including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty
Eight Thousand Dollars and 00/100 ($68,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
4. COUNTERPARTS
This Amendment No. Four may be executed in two (2) or more counterparts, each
of which shall be deemed an original and all of which together shall constitute one (1) and
the same instrument.
[SIGNATURES ON NEXT PAGE]
COAR Design Group Page 2
20-10
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Four on the date first above written.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: j- //.- Zz--
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aa n C a
ity Attorn D'b'
Ply
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
Kevin Muldoon
Mayor
CONSULTANT: COAR
California corporation
Date:
Design Group, a
Jeff Katz
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
COAR DESIGN GROUP Page 5
20-11
EXHIBIT A
SCOPE OF SERVICES
COAR DESIGN GROUP
Page A-1
20-12
EXHIBIT A
SCOPE OF SERVICES
Amendment No. 4
Consultant shall provide the following services as part of Phase 4 of the Scope of Services:
• Additional construction administration services required for the project including submittal
review, RFI response, and site visits
• Additional effort required to incorporate City -requested changes to the approved schematic
design including exterior elevations and building height
• Additional effort required to address Coastal Commission comments
• Additional design work to provide electrical service
• Coordination of landscape irrigation and tree replacement within the existing park
20-13
EXHIBIT B
SCHEDULE OF BILLING RATES
COAR Design Group Page B-1 20-14
EXHIBIT B
SCHEDULE OF BILLING RATES
Amendment No. 4
The maximum compensation for Phase 4 shall be increased from a total of $163,000.00 by
$68,000.00 to a total of $231,000.00, and shall be billed at the hourly rates as outlined in the
Agreement.
The breakdown of fees is as follows:
Phase 4 — Construction Administration $ 68,000.00
20-15
Attachment D
NBJG Bid Protest and Response
20-16
Op a
gineering 8 Project Management
August 12, 2022
Tom Sandefur, P.E.
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660-
tsandefur@newportbeachca.gov
RE: Newport Beach Junior Lifeguard Building Project
Project No. 19F13; Contract No. 7524-2
Bid Protest
Dear Mr. Sandefur,
17945 Sky Park Circle, Suite D
Irvine, CA 92614
O. 949.724.1399 1 F. 949.724.1851
This correspondence is to serve as formal protest of the apparent low bidder TELACU Construction
Management on the above referenced project for the bid submitted on August 11, 2022.
Please note that upon review of TELACU's proposal the subcontractor listed for the concrete work Hulk
Enterprises does not carry a C-8 "Concrete Contractor" license. The concrete is a major trade on this
project and the subcontractor listed for this trade should carry the required license to perform the work.
Your review and response to our protest is appreciated. If you have any questions I can be reached at
(949) 529-7949 or mhanna@optimarpm.com.
Thank you.
Sincerely,
Maykel Hanna
Vice President
Optima RPM, Inc.
17945 Sky Park Circle, Suite D, Irvine, CA 92614 10. 949.724.1399 1 F. 949.724.1851
www.optimarpm.com
20-17
TELACU Construction Management
604 N. Eckhoff St.
Orange • CA 92868
T 714.547.2390
F 714.541.9411
www.TELACU.com
August 15, 2022
Tom Sandefur
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Newport Beach Junior Lifeguard Building
Project No. 19F13; Contract No. 7524-2
Optima Bid Protest Response
Mr. Sandefur,
This letter is in response to the bid protest filed by Optima RPM, Inc. against our submitted bid for the City of
Newport Beach Junior Lifeguard Building project. Optima RPM's (Optima) assertion that TELACU
Construction Management's (TCM) bid should be deemed non -responsive is incorrect and should have no
bearing on whether TCM is deemed the lowest -responsive and responsible bidder and awarded the contract for
this project.
Optima's claim is that TCM should not be awarded the project because it did not list a subcontractor who
carries a C-8 "Concrete Contractor" license but instead listed Hulk Enterprises, who holds a Class B — General
Building Contractor License. Per Business & Professions Code, Section 7057(b) a contractor holding a Class
B — General Building Contractor License may take a subcontract that involves at least two unrelated trades or
crafts other than framing or carpentry.
In our bid, TCM correctly listed Hulk Enterprises as performing the concrete portion of work which is a C-8
contractor classification. In addition, and as evidenced by the attached Hulk Enterprises proposal, Hulk
Enterprises is also performing the reinforcing steel for all structural and non-structural concrete which is a C-
50 contractor classification. Under the contract documents, the concrete scope of work necessarily includes
installation of rebar, and as such, involves two separate trades or crafts. Optima's attempt to limit Hulk
Enterprises' scope of work is an improperly narrow reading of the bid documents. Thus, per California law,
TCM correctly listed Hulk Enterprises for this project, as Hulk Enterprises can perform all work related to the
C-8 and C-50 classifications under its Class B license because the work involves two trades or crafts unrelated
to framing or carpentry. Accordingly, Optima's claim that TCM's bid should be deemed non -responsive
because of this sub listing lacks merit and must be rejected.
In summary we find no merit to Optima's protest letter and request the City of Newport Beach to reject
Optima's protest and deem TELACU Construction Management the lowest responsible and responsive bidder
for the Newport Beach Junior Lifeguard Building project and award us the contract. We look forward to the
opportunity to work with you and the City, should you have any questions please feel free to reach out to me.
20-18
Respectfully,
Bryan Aylor
Director of Construction
(714) 659-4569
baylor@telacu.com
cc: Kelly Coultrup, TELACU Construction Management
John Clem, TELACU Construction Management
Peter Tauscher, City of Newport Beach
James Houlihan, City of Newport Beach
Attachments: Hulk Enterprises proposal dated 8/10/22
20-19
Hulk Enterprises
4352 Lakeview Ave
Yorba Linda, CA 92886
Phone: 714-920-4912
E-Mail: hulkenterprisespr@gmail.com
Wednesday, August 10, 2022
Project: NEWPORT BEACH JUNIOR LIFEGAURD BUILDING
NEWPORT BEACH, CALIFORNIA
Trade: Concrete
Scope: All work is complete per plan's and spec's. All re -bar furnished and installed. All forming, re -
bar, wall textures, curing compounds, concrete pumping, trucking, labor, and clean up
complete.
Bid Price:
Site Concrete: $ 204,000.00
Building Concrete: $ 574,000.00
Re -bar $ 192,400.00
gout 5lw 8/10/2022
RON SHORT - OWNER DATE
CALIFORNIA CONTRACTORS STATE LICENSE # 301390 ISSUED JANUARY 8TH, 1975
DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION NUMBER: #1000023046
LAUSD VENDOR REGISTRATION NUMBER: 1000017657
20-20