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:
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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.
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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
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