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07 - Newport Coast Pickleball Courts (Project No. 22P13) — Award of Contract No. 9018-2
Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report October 24, 2023 Agenda Item No. 7 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: Newport Coast Pickleball Courts (Project No. 22P13) — Award of Contract No. 9018-2 ABSTRACT: City of Newport Beach (City) staff received construction bids for the Newport Coast Pickleball Courts project and requests City Council approval to award the construction contract to Green Giant Landscape, Inc. of La Habra. This project constructs eight new pickleball courts on Newport Ridge Park, in accordance with the lease agreement the City has with Newport Ridge Community Association (NRCA). RECOMMENDATIONS: a) Receive that the Notice of Exemption was filed and posted with the County of Orange on June 15, 2022 after the May 24, 2022 City Council meeting approving the lease agreement with NRCA and the Council finding the project categorically exempt pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures); b) Approve the project plans and specifications; c) Approve Budget Amendment No. 24-030 appropriating $231,236 in new revenue and expenditures from the State of California Department of Parks and Recreation to Account No. 13501-980000-22P13 and appropriating $58,364 in increased expenditures in Account No. 14101-980000-22P13 from the Building Excise Tax unappropriated fund balance; d) Award Contract No. 9018-2 to Green Giant Landscape, Inc. for the bid price of $1,089,220 for the Newport Coast Pickleball Courts, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $110,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 7-1 Newport Coast Pickleball Courts (Project No. 22P13) —Award of Contract No. 9018-2 October 24, 2023 Page 2 DISCUSSION: The sport of pickleball has grown in popularity in Newport Beach and around the country in recent years. The City currently has four public pickleball courts and due to the increase in demand from residents, an opportunity to add a pickleball complex was identified at Newport Ridge Park. Newport Ridge Park is a 11.32-acre, private park site located at 6331 Newport Ridge Drive in the Newport Coast community. The park is owned and managed by NRCA, the Homeowners Association for the Newport Ridge housing development. In June 2021, the Parks, Beaches & Recreation Commission (PBR) appointed three commissioners to serve on the Newport Ridge Park Pickleball Courts Ad Hoc Committee. The committee worked collaboratively with NRCA board members, the Recreation and Senior Services Department, and the Public Works Department to develop plans for the project. In May 2022, the City entered into a Lease Agreement with NRCA to develop, operate, and maintain eight, unlit courts to be located along the eastern edge of the park adjacent to the City -owned Newport Coast Community Center parking lot. The eight Pickleball courts will be constructed to industry specifications and the site will be provided with a shaded viewing area, benches, trash cans, a bike rack, and a water fountain/bottle filling station. The existing Newport Coast Community Center will provide public parking with its 120 available parking spots. Two of the courts will be equipped with a key fob system for NRCA resident access only. At 10 a.m. on September 28, 2023, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Road Safe Traffic Systems, Inc.* $ 5,750* 2nd Green Giant Landscape, Inc. $ 1,089,220 3rd Klassic Engineering & Construction, Inc. $ 1,605,698 4th JMJ Construction, Inc. $ 1,664,510 5th KASA Construction, Inc. $ 1,866,826 6th Bedrock Group, Inc. $ 1,879,320 7th Armstrong Cal Builders, Inc. $ 1,994,504 8th MMG Engineering, Inc. $ 2,021,021 9th Los Angeles Engineering, Inc. $ 2,707,000 10th Act 1 Construction, Inc. $ 2,707,909 11th Gentry General Engineering, Inc. $ 2,953,038 *Non -responsive Bid The City received 11 bids for this project. The apparent low bidder, Road Safe Traffic Systems, Inc., was deemed non -responsive since it did not submit the necessary bid documents as required and described in the Instructions to Bidders. 7-2 Newport Coast Pickleball Courts (Project No. 22P13) —Award of Contract No. 9018-2 October 24, 2023 Page 3 The second lowest bidder, Green Giant Landscape, Inc., possesses a California State Contractor's License Classification "A", as required by the project specifications. A review of references for Green Giant Landscape, Inc. shows satisfactory completion of similar contracts for other municipalities and the City, including the existing Bonita Sports Park pickleball courts. Green Giant's bid came in at approximately 9% above the Engineer's Estimate of $1,000,000. After the bid opening, the City received two bid protests claiming deficiencies in the apparent low bidder's responsiveness and ability to perform the work. The City reviewed both the protests and the responses from Green Giant as part of the recommendation process. The protest letters and responses are included as attachments to this report. Pursuant to the contract specifications, the Contractor will have 80 consecutive working days to complete the work. Work is scheduled to start in December. The project plans and specifications will be available for review at the October 24, 2023 City Council meeting or upon request. FISCAL IMPACT: The main source of funding for this project is the City's Facilities Financing Plan (FFP). Currently, the FFP has a budget of $920,400 allocated to this project. The remaining $289,600 required for the project will come from two non -General Fund sources, Proposition 68 (Parks and Water Bond Act of 2018) state grant funds in the amount of $231,236 and Building Excise Tax (BET) funds in the amount of $58,364. The BET fund was developed 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 Facilities Financing Plan Account Number 56201-980000-22 P 13 Parks/Community Centers Fund Contributions Fund (State of 13501-980000-22P13 California Department of Parks and Recreation Proposition 68 Grant) Building Excise Tax Fund 14101-980000-22P13 Total: Amount $ 920,400 $ 231,236 $ 58,364 $ 1,210,000 7-3 Newport Coast Pickleball Courts (Project No. 22P13) —Award of Contract No. 9018-2 October 24, 2023 Page 4 Proposed uses are as follows: Vendor Green Giant Landscape, Inc Green Giant Landscape, Inc GMU Geotechnical, Inc. Various Purpose Construction Contract Construction Contingency Geotechnical Testing Printing & Incidentals Total: $ 1,089,220 $ 110,000 $ 9,590 $ 1,190 $ 1,210,000 Staff recommends establishing $110,000 (approximately 10 percent of total bid) for contingency purposes and unforeseen conditions associated with construction. Bid pricing is favorable and the contractor has performed well for the City on past projects. ENVIRONMENTAL REVIEW: At the May 24, 2022 City Council meeting approving the lease agreement with NRCA, the City Council found the project categorically exempt pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). The Notice of Exemption was filed and posted with the County of Orange on June 15, 2022. 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 — Budget Amendment No. 24-030 Attachment C — KEC Bid Protest Attachment D — Green Giant Response to Bid Protest Attachment E — Kasa Construction Bid Protest Attachment F — Green Giant Response to Kasa Construction Bid Protest 7-4 ATTACHMENT A PICKLEBALL NEWPORT COAST COURTS - COMMUNITY CENTER SAN JOAQUIN HILLS ROAD 0 a O Y � a � w O� G V O� LIMITS OF WORK NEWPORT COAST CITY OF NEWPORT BEACH PICKLEBALL COURTS PUBLIC WORKS DEPARTMENT LOCATION MAP C-9018-2 22P13 10/24/23 7-5 ATTACHMENT B _ City of Newport Beach BUDGET AMENDMENT 2023-24 BA#: 24-030 Department: Public Works ONE TIME. ❑� Yes ❑ Na Requestor: Theresa Schweitzer Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director : rc� Date E COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: Appropriate new grant revenue and expenditures from the State of California Department of Parks and Recreation and ❑ from existing budget appropriations unappropriated Building Excise Tax Funds for the Newport Coast Pickleball Courts project (22P13). 0 from additional estimated revenues ❑� from unappropriated fund balance REVENUES Fund If Org Object Project Description Increase or (Decrease) $ 135 13S01 431455 221313 CONTRIBUTIONS FUND CIP - OTHER GOVT GRANTS 231,236.00 Subtotal $ 231,236.00 EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 135 13501 980000 22P13 CONTRIBUTIONS FUND CIP - CIP EXPENDITURES FOR GL 231,236.00 141 14101 980000 221313 BUILDING EXCISE TAX CIP - CIP EXPENDITURES FOR GL 58,364.00 Subtotal $ 289,600.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 13S 300000 CONTRIBUTIONS FUND - FUND BALANCE CONTROL 141 300000 BUILDING EXCISE TAX FUND - FUND BALANCE CONTROL (S8,364.00) Subtotal $ (58,364.00) Fund Balance Change Required 7-6 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts ATTACHMENT C Klassic Engineering and Construction, INC 250 S Tustin ST. Orange, CA 92866 Tuesday, October 3, 2023 TO: City of Newport Beach -Public Works C/O Benjamin Davis -Associate Civil Engineer 100 Civic Center Drive Newport Beach, CA 92660 RE: Newport Coast Pickleball Courts -Contract No. 9018-2 Project Bid City of Newport Beach -Public Works -Mr. Benjamin Davis, Klassic Engineering and Construction Inc. (hereafter referred to as KEC) is writing this letter in reference to the Bid proposal submitted by Green Giant Landscape Inc. for the Newport Coast Pickleball Courts- Contract No. 9018-2 Project (Hereafter referred to as "The Project") that bid via the Planetbids Website Portal for the City of Newport Beach which had a bid deadline of Thursday, September 28th, 2023 at 10:00 a.m. after which KEC requested a copy of the Bid submittal submitted by Green Giant Landscape for the project which was provided by the City of Newport Beach via email on Thursday, September 281h, 2023 at approximately 4:32 p.m. (PST). After KEC reviewed Green Giant Landscape Inc.'s Bid submittal, it was found to be non -responsive to the requirements set forth in the Instructions to Bidders of the project and Labor Code Law. Per the "Designation of Subcontractor(s)-Affidavit" (Page 9 of the Bid Package provided via Planet bids with a file name of 1. CIP MASTER FORMAL CONTRACT.pdf') it states that "State Law requires the listing of all subcontractors who will perform work in an amount in excess of one-half percent of the Contractor's total bid (the Green Giant Landscape Inc's executed version of this document is attached as "Exhibit A" to this letter). If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work." Per the "INSTRUCTIONS TO BIDDERS" of Note 1 on page 1, relating to the document "Designation of Subcontractors Acknowledgement (subcontractor information to be submitted via Planetbids)" (this document is attached as "Exhibit B" to this letter). Per the "Subcontractors" tab of the Bid Results for Green Giant Landscape Inc., it listed only two (2) subcontractors: 1. On Point Land Surveying with a description of their scope of work to be "Survey project areas" and has no CSLB license listed 2. Taylor Tennis Courts, Inc. is listed with a description of their scope of work being "Surface Courts" with a CSLB License Number of #373423 for a C61/D47-Tennis Court Surfacing, Playground Surfacing (this document is attached as "Exhibit C" to this letter). However, Green Giant Landscape failed to list any Electrical Subcontractor to perform the Electrical Scope of Work detailed throughout the project. Per "2020 California Code Labor Code -LAB DIVISION 1-DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTER 4.5.-Electronic Certification Section 108.2 (a) Persons who perform work as electricians shall become certified pursuant to Section 108. Uncertified persons shall not perform electrical work for which certification is required." Green Giant Landscaping Inc. holds only an A -General Engineering/C-27-Landscaping/C13-Fencing for their respective Contractors State License Board #670478 (attached as "Exhibit E" to this letter). The various Electrical Scope of Work throughout the Project and directly referenced on sheet L3.1, Section 2.08 Electrical Wiring and Service: A. High Voltage 1. Electrical service to the automatic controller shall 7-7 Page 1 of 10 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Klassic Engineering and Construction, INC 250 S Tustin ST. Orange, CA 92866 be in accordance with Division 16 Sections. B. Low Voltage of the "Irrigation Specifications" for this project. Green Giant Landscape Inc. failed to satisfy the requirements of the "Designation of Subcontractors Affidavit" as they did not list an Electrical Subcontractor with a C-7 Low Voltage or C-10 Electrical license, nor do they hold the appropriate license to self -perform this work. Lastly, as Green Giant Landscape Inc. listed Bid Line Item #8 "ELECRICAU to be $20,000.00, with a total Bid Price of $1,089,220.00 this would make Bid Line Item #8 equal to 1.83%. Please also note that there is additional Electrical work called out in Section 9-Measurement and Payment for Bid Line Item No. 2 "...removing existing electrical conduit and safe off wire for proposed HOA gate security system," which would also require an appropriately licensed Electrical Subcontractor of Green Giant Landscape Inc. to be listed or Green Giant Landscape Inc. to hold the appropriate Electrical license classifications. Due to these oversights, Klassic Engineering and Construction Inc. believes Green Giant Landscape Inc.'s Bid proposal for the Newport Coast Pickleball Courts Project to be non -responsive and should, therefore, be considered as such by the City of Newport Beach. KEC looks forward to the City of Newport Beach's response to this matter and commitment to an equal and fair bidding process. Respectfully, Alexander Shirali Operations Manager 7-8 Page 2 of 10 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Exhibit A City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 DESIGNATION OF SUBCONTRACTORS) -AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior appro ewport Beach. Bidders must also include DIR registration numbers for each subcontrac / Bidder 0 Page 3 of 10 7-9 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Exhibit B City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 7-10 Page 4 of 10 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 10/3/23, 12:12 PM PlanetBids Vendor Portal Exhibit C Newport Coast Pickleball Courts 9018-2 Bid Result Detail Showing 2 Subcontractors On Point Land Surveying Inc. License #: 8601 $10,000.00 Survey project areas Name On Point Land Surveying Inc. Amount $10,000.00 Percent 0.92% Description Survey project areas Vendor Code License Type License # 8601 Exp. Date Grand Total $1,089,220.00 https://pbsystem.planetbids.com/portal/22078/bo/bo-detail/109494#bidResultDetail ■ 9 Done 7-11 Page 5 of 10 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 10/3/23, 12:12 PM PlanetBids Vendor Portal Address 1910 Orange Tree Lane Exhibit C City Redlands State California Country United States Zip 92374 Taylor Tennis Courts, Inc. License #: 373423 License Type: C-61 $30,000.00 Surface courts Name Taylor Tennis Courts, Inc. Amount $30,000.00 Percent 2.75% Description Surface courts Vendor Code License Type Grand Total $1,089,220.00 373423 https://pbsystem.planetbids.com/portal/22078/bo/bo-detail/109494#bidResultDetail 7-12 Page 6 of 10 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 10/3/23, 12:12 PM PlanetBids Vendor Portal Exhibit C Exp. Date 05/31/2025 CADIR 1000007799 Address 31441 Santa Margarital Pkwy City Rancho Santa Margarita State California Country United States Zip 92688 Grand Total $1,089,220.00 7 https://pbsystem.planetbids.com/portal/22078/bo/bo-detail/109494#bidResultDetail 7-13 Page 7 of 10 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 2020 California Code Labor Code - LAB Exhibit D DIVISION 1- DEPARTMENT TMEI T F INDUSTRIAL RELATIONS I CHAPTER 4.5 - Electrician Certification Section 1.. Universal Citation: CA Labor Cade § 108. (020) 108,2. {a) Persons who perform work as electricians shall becorne certified pursuant to Section 108. Uncertified persons shall not perform electrical work For which certification is required. 7-14 Page 8 of 10 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Exhibit E . HomeF-3 W + CONTRACTORSSTATE LI EN E B AIT ()Contractor's License Detail for License # 670478 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ► CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. ► Only construction related civiljudgments reported to CSLB are disclosed (B&P 7071.17). ► Arbitrations are not listed unless the contractor fails to comply with the terms. ► Due to workload, there maybe relevant information that has not yet been entered into the board's license database. This license is current and active. All information below should be reviewed. ► A- GENERAL ENGINEERING ► C27-LANDSCAPING ► C13 - FENCING Data current as of 10/3/2023 12:05:59 PM Business Information GREEN GIANT LANDSCAPE INC 941- A MACY STREET LA HABRA, CA 90631 Business Phone Number:(562) 690-6208 Entity Corporation Issue Date 05/03/1993 Reissue Date 05/02/1996 Expire Date 05/31/2024 License Status Classifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100373397 Bond Amount: $25,000 Effective Date: 01/01/2023 Contractor's Bond History Bond of Qualifying Individual The qualifying individual DONALD LOUIS HENDERSON certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 04/16/2018 BQI's Bond History Workers' Compensation This license has workers compensation insurance with the OAK RIVER INSURANCE COMPANY Policy Number:GRWC425425 Effective Date: 04/01/2023 Expire Date: 04/01/2024 Workers' Compensation History Page 9 of 10 7-15 Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Miscellaneous Informatior ► 05/02/1996 -LICENSE REISSUED TO ANOTHER ENTITY Exhibit E Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright © 2023 State of California Page 10 of 10 7-16 ATTACHMENT D I&IGRIEN GIANT tANDSCAPE INC. October 4, 2023 City of Newport Beach C/O Benjamin Davis -Associate Civil Engineer 100 Civic Center Drive Newport Beach, Ca 92660 RE: Newport Beach Pickleball Courts -Contract No. 9018-2 Project Bid Dear Mr. Davis, STATE LIC. A&C-27, # 670478 Green Giant Landscape is in receipt of the protest letter filed by Klassic Engineering and Construction dated 10/3/23. Per the contents of their protest, we dispute their allegations. On -Point Land Surveyors has a license for surveying, please see attached from the California Board for Professional Engineers, Land Surveyors and Geologists and the pocket license issued from the State. As for not listing an Electrician, there is not a need for a C-10 license as the project is requiring only laying conduit with no hook ups for electrical being performed. Per the City's specs, there was not a requirement for an Electrical license, only an A. If you have any questions, please contact me. Sincerely, Donald L. Henderson President 941-A Macy Street • La Habra, GA 00651-5400 . (562) 690-6208 • Fax (562) 690-5029 E-Mail: Ici.com 7-17 BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS LICENSING DETAILS FOR: 8133 NAME: SMITH, ANTHONY DONOVAN LICENSE TYPE: LAND SURVEYOR LICENSE STATUS: CLEAR ADDRESS 1906 ORANGE TREE LN 240 REDLANDS CA 92374 SAN BERNARDINO COUNTY ISSUANCE DATE SEPTEMBER 8, 2006 EXPIRATION DATE DECEMBER 31, 2024 CURRENT DATE / TIME OCTOBER 4, 2023 10:55:6 AM 7-18 Remove your new Pocket License Board for Professional Engineers, Land Surveyors, and Geologists 2535 Capitol Oaks Drive, Suite 300 from the receipt portion and carry Sacramento, CA 95833-2944 with you at all times. 916 999-3600 11/12/22 11/1,2/22 CUTIHER1 BOARD FOR PROFESSIONAL ENGINEERS CUT HER LAND SURVEYORS, AND GEOLOGISTS 2535 CAPITOL OAKS DRIVE, SUITE 300 SACRAMENTO, CA 95833-2944 016) 999-3600 Tolt Free. (866) 780-5370 LAND SURVEYOR LICENSE NO. L 8133 EXPIRATION 12/31/24 ANTHONY DONOVAN SMITH 412 WILBAR CIR REDLANDS CA 92374 I M P 0 R T A N T I. Please include your License Number on any correspondence to this office. 2. Notify the Board of any name or address change in writing. 3. Report any loss of this License immediately in writing to the Board. 4. Please sign and carry the Pocket License with you. 5, Please laminate your License to avoid deterioration. 0 S i V , 47 " offi ec z Es 3 �- I U LICENSE NO, EXPIRATION DATE RECEIPT NO, Signatura RECEIPT NO, L 8133 12/31/24 23152087 23152087 This is your receipt. Please save for your records. PPRL 10/08/20 7-19 ATTACHMENT E I K-PvErA-- 0C3NS_FFZUC_F1C3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 September 29, 2023 City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Project: Newport Coast Pickleball Courts Subject: BID PROTEST Bid Date: September 28, 2023 This letter shall be construed as a Formal Bid Protest against the apparent three lowest bidders —Green Giant Landscape, Inc.; Klassic Engineering & Construction, Inc.; and JMJ Construction —for various reasons as explained below. Green Giant Landscape, Inc. Green Giant Landscape, Inc. (hereinafter referred to as "Green Giant") failed to list the Title of the signer, Donald Luis Henderson, on the submitted Bidder's Bond: _clay Se tmrber & Aoiz hurltle i M Per the instructions on page 17 of the proposal, if the bidder is a Corporation, the "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" (emphasis added). Green Giant's President signed the page and the corporate seal was attached: 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-20 1 K-PvEvA-- OlE3NS-FFZUC-F1C3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 The above information was compiled from the records that are available tome at this time and I declare under penalty of perjury that the Information Is true and accurate within the limitations of those s. Signature of bidder ,ate 5� 7 a 3 Title ___¢r�°-S{cGrvh Signature of bidder see attached CalWomia durat Date However, a second signature was not made as stated in the instructions, nor was a corporate resolution attached to the proposal as evidence of the signatory's authority to act on behalf of the corporation. Green Giant is a corporate entity as shown on its DIR Registration page: ontractor Information Legal Entity Name GREEN GIANT LANDSCAPE, INC. Legal Entity Type Corporation 5tatu s Active Registration Number 1000014238 Registration effedive date 07/01/23 Registration expiration date 06/30/24 Mailing Address 941-A MACY STREET LA HABRA90631 CA United States of America Physical Address 941-A MACY STREET LA HABRA 90631 CA United States of America Email Address greengiantoffice@aol.com Trade Name1DBA License Number (s) CSLB:67047,3 CSLB:67047,3 In addition, page 20 of the "Information Required of Bidder" document states, "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." Green Giant answered no to this question: 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 Sleets if necessary) provide: V,;9 Provide the names, addresses and telephone numbers of the parties; Yet, Green Giant is currently debarred from bidding on or accepting any public works contracts in the City of West Covina, as shown by the City's debarment listing: 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-21 1 K-PvErA-- 0C3NS_FFZUC_F1C3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 DEBARMENT LISTING The following contractors are currently barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor, for the period set forth below For questions regarding this list contact the Purchasing Manager Name of Contractor Period of Debarment J MJ Construction 30724 Benton Road, Suite C302 Permanent Winchester, CA 92596 Date Debarred June 27,2016 Donald Louis Henderson Green Giant Landscape, Inc Permanent 941-A Macy Street Date Debarred October 30, 2017 La Habra, CA 90631-3400 Bob's Towing 150D7 E. Salt Lake Avenue Permanent La Puente, CA 91746 Date Debarred November 23, 2018 Mr_ AI-Badawi The debarment listing is attached and can be accessed by clicking the following link: https://www.westcovina.org/departments/city-manager-s-office/transparency. Green Giant's debarment is current and permanent, and it is clearly an arbitration, lawsuit, settlement or the like with a public agency in the past five years as stated on page 20 of the proposal. Page 21 states that "failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive." Based on the above findings, it is without a doubt that Green Giant Landscape, Inc. is Non -Responsive and its Bid Proposal should not be considered for this project. It failed to follow the City's instructions in completing its Proposal and it failed to answer all questions accurately and truthfully. Green Giant's omissions and mistakes are far from being minor informalities and irregularities and should not be interpreted as such in the Bid Proposal submitted. Green Giant Landscape & JML Construction are permanently debarred and cannot bid on Public Works Projects. Klassic Engineering & Construction, Inc. Klassic Engineering & Construction, Inc. (hereinafter referred to as "Klassic") failed to list the Title of the signer, Keivan Shirali, on the submitted Bidder's Bond page and other pages: 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-22 1 K-PvEvA-- OIE3NS-FFZUC-FIlE3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 rinapal shall not exonerate the Surety_from its obligations _day of Per the instructions on page 17 of the proposal, if the bidder is a corporation, the "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" (emphasis added). Klassic's President signed the page but a corporate seal does not appear to be attached: The above information was compiled from the records that are available to me at this time and i declare under penalty of perjury that t i rmation is true and accurate within the limitations of those records. Signature of bidder Date W26i2o23 Title C.E.O./PresidentlTreasureriSecretary/Manager Thereof Signature of bidder Furthermore, a second signature was not made as stated in the instructions, nor was a corporate resolution attached to the proposal as evidence of the signatory's authority to act on behalf of the corporation. Klassic is a corporate entity as shown on its DIR Registration page: 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-23 1 K-PvErA-- 0C3NS_FlFZUC_F1C3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 �ontractor Information Legal Enfrty Name KLASSIC ENGINEERING AND CGNSTRUCTIGN INC. Legal Enfrty Type Corporation Status Active Registration Number 1000014420 Registration effective date 07/01/23 Registration expiration date 06/30/24 Mailing Address 250 SJUSTIN AVE GRANGE 92866 CA United States of America Physical Address 250 SJUSTIN AVE GRANGE 92866 CA United States of America Email Address info@ke€igroup.€om Trade Name/DBA KLASSIC ENGINEERING AND CGNSTRUCTIGN INC. License Number (s) CSL&759241 CSLR759241 Klassic's Non -Collusion Affidavit was not completed correctly. The "County of " portion was left blank: City of Newport Beach NEWPORT COAST PICl4LEBALL COURTS Contract No. 9018-2 NON -COLLUSION AFFIDAVIT State of California f ss. County of 1 Keivan Shirah being first duly sworn. deposes and says that he or she is C.E.fllpree�tlenlRreaeureN3errelerynJar er Th-I& of Klassic Engvie ng and Conauudion im the party making the! In addition, Klassic only listed three references on the "Technical Ability and Experience References" pages. All three references are tenant improvement projects with scopes minimally similar to the scope outlined in Newport Coast Pickleball Improvements. A park improvement project with extensive earthwork, drainage, and hardscape improvements requires an experienced contractor. References outlining HVAC work, framing repairs, or window replacements have no relevance to this project. Lastly, Klassic has a history of not completing public works projects and not performing projects in accordance with all applicable state and federal laws. On August 17, 2021, the Long Beach City Council approved a takeover agreement with a new contractor to complete a project originally awarded to Klassic. According to an 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-24 1 K-PvErA-- OC3NS_FlFZUC_FIC3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 article in the Press -Telegram, Klassic was unable to meet the City's deadlines and performance goals. The article is attached and can be accessed by clicking the following link: https://www.presstelegram. com/2021 / 10/ 19/a-new-contractor-will-finish-long-beachs-alamitos-beach- concessions- proj ect/#:—: text=A%20new%20contractor%20will%20finish%20building%20the%20Alamitos%20Beach%20c oncession,to%20gpprove%20a%20takeover%20agreement. The 2021 takeover agreement clearly constitutes a contract termination, and Klassic was unable to complete the job. However, on page 20 of the "Information Required of Bidder" document, Klassic answered "N/A" to both questions about contract termination and project history: Have you ever had a contract terminated by the ownerlagency7 If so, explain. Kra Have you ever failed to complete a project? If so, explain. WA Furthermore, Klassic recently was or still is involved in litigation with the City of Long Beach. Preliminary information about their lawsuit can be accessed by clicking the following link: https://www.lacourt.org/casesummgry/ui/casesummar�aspx?#CAS. Yet, on page 20 of the "Information Required of Bidder" document, Klassic answered "N/A" to the question about arbitrations and lawsuits: 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 of necessary) Provide: Provide the names, addresses and telephone numbers of the parties; H/A Klassic has also allegedly not paid contributions to several labor union funds. A complaint was fled in US Federal Court on March 15, 2017 against Klassic by the Cement Masons Southern California Health and Welfare Fund. An article documenting the litigation is attached and can be accessed by clicking the following link: https://norcalrecord.com/stories/511096045-kassic-en ing Bering-and-construction-inc-alleged-to-have-not- paid-contributions. Based on the above findings, it is without a doubt that Klassic Engineering & Construction, Inc. is Non - Responsive and its Bid Proposal should not be considered for this project. It failed to follow the City's instructions in completing its Proposal and it failed to answer all questions about its history accurately and truthfully. It has a poor track record performing and finishing public works projects meeting Client objectives 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-25 1 K-PvEvA-- OC3NS_FFZUC_F1C3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 and adhering to all applicable state and federal labor laws. As such, Klassic's omissions and mistakes are far from being minor informalities and irregularities and should not be interpreted as such in the Bid Proposal submitted. JMJ Construction JMJ Construction (hereinafter referred to as "JMJ") failed to sign the Bidder's Bond, as shown on the submitted document: Witness our hands this �filh day of 5ep(tmber . 2023- JMJ Construction Name of Contrar-tor (Principal) The Gray Casualty and stucty Company Name of Surety Authorized SignaturefTitle c____<z;l Authorized Agent Signature Because JMJ did not sign on the specified line for the Contractor, JMJ also failed to get a notary acknowledgement for the Principal of the Bidder's Bond, as instructed by the City. Which in turn voids this bid bond and makes it invalid, therefore makes this proposal non -responsive. Page 12 of the Proposal is missing from JMJ's submission and per page 10 of the proposal it states, "Failure of the bidder to provide all required information in a complete and accurate manner may be considered non- responsive. „ In addition, page 16 is not filled out completely: 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-26 1 K-PvEvA-- 0C3NS-FFZUC-F1C3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 Bidder's Name JMJ Construction Record Last Five (5) Full Years Current Year of Remrd Current Reoord Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts 1 2 1 1 1 1 7 Total dollar Amount at Contracts (in 1 mil 2 mil 1 mil 8110 8W gpp 6.4 mil Thousands of $ No. of fatalities 0 0 0 0 p 0 p No. of lost Wotktlay Cases D D No. of lost x+orkday cases involving permanent transfer to D 0 another job or 0 0 0 termination of D 0 em la meet i nu rnronnaeon fequireo ror mese Items 1$ me same as required for columns 3 to 6, Code 10, Occupatonal Injuries, Summary --Occupational Injuries and illnesses, OSHA No. 102. Furthermore, page 20 of the "Information Required of Bidder" document states, "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." JMJ answered no to this question: Have you ever had a contract terminated by the ownerlagency? If so, explain. Na Have you ever failed to complete a project? If so, explain. N4 Yet, JMJ is currently debarred from bidding on or accepting any public works contracts in the City of West Covina, as shown by the City's debarment listing: DEBARMENT Lf5TING The following contractors are currently barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor, for the period set forth below For questions regarding this list contact the Purchasing Manager Name of Contractor Period of Debarment JMJ Construction Permanent 30724 Renton Road, Suite C302 bate debarred June 27,2016 Winchester, CA 92596 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-27 1 K-PvEvA-- OC3NS_FFZUC_FlC3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 The debarment listing is attached and can be accessed by clicking the following link: https://www.westcovina.org/departments/city-manager-s-office/transparency. JMJ's debarment is current and permanent, and it is clearly an arbitration, lawsuit, settlement or the like with a public agency in the past five years as stated on page 20 of the proposal. Page 21 states that "failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive." Lastly, per the instructions on page 17 of the proposal, if the bidder is a corporation, the "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" (emphasis added). JMJ's President signed the page but a corporate seal does not appear to be attached: I V30 PrOWdOnl The above informaWn was compiled from the records that are availabie to me at this time and I declare under p atty of pelvry that the information is true and accurate within the limitations of those rye rds. Signature of bidder _ Date W Title N Signature of bidder _ Date TiNp Furthermore, a second signature was not made as stated in the instructions, nor was a corporate resolution attached to the proposal as evidence of the signatory's authority to act on behalf of the corporation. JMJ is a corporate entity as shown on its DIR Registration page: Contractor Information Legal Entity Name 1M1 CONSTRUCTION Legal EntityType Corporation Status Active Registration Number 1000010912 Registration effective date 07/01/23 Registration expiration date 06/30/25 Mailing Address 40209 Medford Road Temecula 92591 CA United States of America Physical Address 40209 medford road temecula 92591 CA United States of America Email Address jmjconstruction@me.com Trade Name/a6A License Number [s] CSL&938561 CSL&938561 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-28 1 K-PvErA-- 0C3NS_FFZUC_F1C3N Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 Based on the above findings, it is without a doubt that JMJ Construction is Non -Responsive and its Bid Proposal should not be considered for this project. It failed to submit a signed Bidder's Bond, it failed to follow the City's instructions in completing its Proposal, and it failed to answer all questions about its history accurately and truthfully. As such, JMJ's omissions and mistakes are far from being minor informalities and irregularities and should not be interpreted as such in the Bid Proposal submitted. Summary In order to be awarded the Newport Coast Pickleball Courts contract, the apparent lowest bidder must be both "Responsive" and "Responsible." In reference to the California Department of General Services, these terms are defined as: Responsive Bid: A bid is considered responsive if it indicates compliance without material deviation from the requirements of the solicitation and the terms and conditions of the proposed contract. Responsible Bidder: A bidder is responsible if they possess the experience, facilities, reputation, financial resources and are fully capable of performing the contract. Based on the above findings, it is without a doubt that Green Giant Landscape, Inc., Klassic Engineering & Construction, Inc., and JMJ Construction do not have the experience, facilities, and reputation to fully perform the contract in compliance with the law. Awarding the contract to any of the three contractors would not serve the public good when claims arise from their individual inability to meet the deadlines and demands of public agencies. As stated several times in the proposal, the City reserves the right to disqualify any bidder who does not submit a complete and truthful Bid Package: Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. All three apparent low bidders submitted Bid Proposals with major inaccuracies, omissions, and even falsehoods. These mistakes, besides other things, are far from being minor informalities or irregularities and they should not be waived or overlooked by the City. KASA Construction respectfully requests that the City of Newport Beach consider the above findings and make a fair and proper determination to deem the Bids by Green Giant Landscape, Inc., Klassic Engineering & Construction, Inc., and JMJ Construction NON -RESPONSIVE and Award the contract to KASA Construction, Inc. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-29 1*1%-SA-- 4 P CONSTRUCTION Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 If there is any additional information needed, please do not hesitate to call me at the number below. Respectfully, Hector Zavala Estimator KASA Construction, Inc. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-30 DEBARMENT LISTING The following contractors are currently barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor, for the period set forth below For questions regarding this list contact the Purchasing Manager Name of Contractor Period of Debarment JMJ Construction Permanent 30724 Benton Road, Suite C302 Date Debarred June 27,2016 Winchester, CA 92596 Donald Louis Henderson Green Giant Landscape, Inc Permanent 941-A Macy Street Date Debarred October 30, 2017 La Habra, CA 90631-3400 Bob's Towing 15007 E. Salt Lake Avenue Permanent La Puente, CA 91746 Date Debarred November 23, 2018 Mr. AI-Badawi 7-31 Klassic Engineering and Construction Inc. alleged to have not paid contributions I Northern Californ https://norcalrecord.com/stories/511096045-klassic-engineering-and-construction-inc-alleged-to-hay... NORTHERN CALIFORNIA RECORD Friday, September 29, 2023 Lawsuits Hot Topics Attorneys & Judges Campaigns & Elections Legislation Asbestos State Court Federal Court Reform Discipline Legal Roundup Opinion - Directory Home u Stones n 2017 u March Klassic Engineering and Construction Inc. alleged to have not paid contributions By Wadi Reformado Mar 21, 2017 LOS ANGELES — An Orange County business is alleged to have not paid contributions to several labor union funds. Board of Trustees of the Cement Masons Southern California Health and Welfare Fund, et al. filed a complaint on March 15 in the U.S. District Court for the Central District of California against Klassic Engineering and Construction Inc. alleging breach of contract and violation of the Employee Retirement Income Security Act. According to the complaint, the plaintiffs allege that they suffered damages due to unpaid and late paid contributions from periods in 2013 and 2014. The plaintiffs hold Klassic Engineering and Construction, Inc. responsible because the defendant allegedly breached its bargaining agreement with the plaintiff by failing to make contributions on behalf of its employees. The plaintiffs seek unpaid contributions and damages plus audit contributions in the amount of $5,913.58, plus any additional unpaid contributions, interest Of 7 percent, liquidated damages at the rate of 10 percent, all legal fees and any other relief as the court deems just. They are represented by Kathryn J. Halford, Elizabeth Rosenfeld and Nicholas I. Starkman of Wohlner Kaplon Cutler Halford & Rosenfeld in Encino. U.S. District Court for the Central District of California, Western Division Case number 2.17-cv-02072 - DMG-AS MOST POPULAR ORGANIZATIONS IN THIS STORY U.S. FEDERAL COURT- U.S. DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION- LOS ANGELES• ORANGE COUNTY- CUTLER 7-32 1 of 2 9/29/2023, 1:29 pM Klassic Engineering and Construction Inc. alleged to have not paid contributions I Northern Califon, https://norcalrecord.com/stories/511096045-klassic-engineering-and-construction-inc-alleged-to-hay... t Fired manager sues Palace Hotel, claiming age discrimination 2 'Chilling speech of employers in their own business': Pro -union legislation bogs down in Assembly amid criticism 3 Gymnast sues gym after landing on her head while attempting inverted maneuver with no spotter y Dechert Represents Cerberus Capital Management in the Acquisition of Spring EQ 5 Apartment complex property manager sues employer over alleged tenant abuse MORE NEWS Northern California Record Madison County Record, LLC 2111 8 Plum Grove Rd., u190 Elk Grove Village, IL 6000S info@ norcalrecord.com OTHER PUBLICATIONS Cook County Record Florida Record Legal Newsline Louisiana Record Madison - St. Clair Record Pennsylvania Record Southeast Texas Record Southern California Record St. Louis Record West Virginia Record NEWS Lawsuits Hot Topics Attorneys & Judges Campaigns & Elections Legislation Asbestos State Court Federal Court Reform Discipline MARKETING Newsletters WS App RSS MORE INFO About Contact Directory © 2023 Madison Comity Record, LLC Privacy Policy I Terms of Service 7-33 2 of 2 9/29/2023, 1:29 PM A new contractor will finish Long Beach's Alamitos Beach concess. https://www.presstelegram.com/2021/10/19/a-new-contractor-will-f .. LOCAL NEWS • News A new contractor will finish Long Beach's Alamitos Beach concessions project After the previous contractor could not finish the Alamitos Beach Concessions project, the city approved a takeover agreement to hire a new contractor. r 13 The Long Beach City Council voted at its Tuesday, Aug. 17, 2021 meeting to approve a contract with Gaucho Grill to operate the new concession stand in Alamitos Beach. (Courtesy City of Long Beach) By PIERCE SINGGIH I psinggih@scng.com I Press -Telegram PUBLISHED: October 19, 2021 at 6:40 p.m. I UPDATED: October 20, 2021 at 3:52 p.m. 0 1 of 6 9/29/2023, 1:17 PM 7-34 new contractor will finish Long Beach's Alamitos Beach concess... https://www.presstelegram.com/2021/10/19/a-new-contractor-will-f.. Its previous contractor, Klassic Engineering and Construction, failed to meet multiple deadlines, so council members voted to approve a takeover agreement. The takeover agreement allows the city to force Nationwide Mutual Insurance, the original contractor's bonding company, to find a new contractor to finish the project, which has already been delayed multiple times. "I was disappointed to see an exciting project like this get delayed due to the contractors;' said Councilwoman Cindy Allen. "I know the city has made every effort to engage with the contractor to address certain issues and the contractors havejust been unable to meet the deadline and complete thejob on time;' she added. The $9 million project to rebuild the Alamitos Beach facility began in 2019 and was originally supposed to be finished in April 2020. But the coronavirus pandemic caused some delays and according to Josh Hickman, the city's business operations bureau manager, the original contractor could not meet new deadlines provided by the city. Overall, the project is about 85-90% finished, Hickman said, with a number of items that still need to be completed. "It's not like there are one or two big items left;' he said by phone Tuesday afternoon. "There's a whole bunch of items that aren't fully complete.' Some of those items, Hickman added, include getting in all the construction submittals, finalizing the electrical system and approving sign -offs on the elevator. The contractor violated its contract by not completing these items, so Long Beach will look to hire a new contractor to finish the project, Hickman said. Klassic Engineering and Construction could not be reached for this story. According to the city staff report, the project should be finished by early 2022. Then, the new tenant, Gaucho Grill, will need to finish some of its own improvements, too, Hickman said. The concession stand should be open by summer 2022, he added. The city spent much of 2020 rebuilding and upgrading stands across Long Beach, particularly those at Granada Launch Ramp and Junipero Beach — even adding new play equipment. The concession stands are meant to serve fresh food and drinks to beachgoers, but the companies chosen to operate those facilities haven't finished tenant improvements. Some concession sales and rentals have begun outside the buildings. The stands at Mother's Beach, Junipero Beach and Bay Shore Beach were completed earlier this year. Coast Lines All about what's happening, changing, and important news along Southern California's coast. Email Address SIGN UP 2of6 9/29/2023, 1:17 PM 7-35 10/2/23, 2:50 PM City will seek new contractor for Alamitos Beach concession stand after previous one failed to complete work • Long Beach Post N... LOpNGrBEACH POST i�iews NEWS City will seek new contractor for Alamitos Beach concession stand after previous one failed to com plete work by Jason Ruiz Oct 14, 2021 Updated Oct 15, 2021 A concession stand at Alamitos Beach is almost complete as it's under construction in Long Beach Wednesday, August 11, 2021. Photo by Thomas R. Cordova. The city could be looking for a new contractor to complete the $9 million beach concession stand at Alamitos Beach after its current one failed to complete work on time, or at all, according to a city memo. The Alamitos Beach concession stand project was part of an overhaul of the city's beachfront concession areas. The stands at Junipero and Granada Beaches have already been completed and have food vendor https://lbpost.com/news/city-will-seek-new-contractor-for-alamitos-beach-concession-stand-after-previous-one-failed-to-complete-work/ 7-36 10/2/23, 2:50 PM City will seek new contractor for Alamitos Beach concession stand after previous one failed to complete work • Long Beach Post N... contracts approved. The City Council is expected to vote at its Oct. 19 meeting to approve a takeover agreement that would allow the city to demand that the bonding company for Klassic Engineering and Construction Inc., which was awarded the original deal, find a new contractor to complete the work. Joshua Hickman, a manager in the Public Works business operations bureau, said that the concession stand is about 90% complete, but the construction firm showed an inability to complete the project. Hickman said some of the bigger issues were the non -completion of the permanent electrical system of the stand as well as the contractor's inability to get the elevator that will be used to transport guests up to its second floor signed off by inspectors. "It's less about three to four things not being done, than a whole bunch that are sitting at about 85% to 90%," Hickman said of the incomplete work. While it's rare for the city to break contracts like this, Hickman said it has happened before, despite the city's efforts to allow the contractor to complete the job. The Alamitos Beach concession stand was originally projected to be done by October 2020 but a number of extensions were granted to the contractor before the city finally declared KEC in default of the contract after its inability to substantially complete the build out. Work started on the project in August 2019. "Given the performance on the project we are not likely to work with them again," Hickman said. Breaking the contract is not expected to cost the city any additional money to complete the buildout, Hickman said. The city will work with Nationwide Mutual Insurance Company to find a new contractor for the site. Hickman said the project could benefit from a number of subcontractors remaining on the job that could start work to complete the stand in as little as a few weeks. The project is now expected to be completed by early 2022 when the new tenant, Gaucho Grill, can start its tenant improvements. The concession stand could open for business by summer 2022. © 2023 Pacific Community Media. https:Hlbpost.com/news/city-will-seek-new-contractor-for-alamitos-beach-concession-stand-after-previous-one-failed-to-complete-work/ 7-37 ATTACHMENT F GREEN GIANT LANDSCAPE INC. October 5, 2023 City of Newport Beach C/O Benjamin Davis -Associate Civil Engineer 100 Civic Center Drive Newport Beach, Ca 92660 RE: Newport Beach Pickleball Courts -Contract No. 9018-2 Project Bid Dear Mr. Davis, STATE L_IC. A&C-27, # 670478 Green Giant Landscape is in receipt of the protest letter filed by KASA Construction dated 9/29/23. Per the contents of their protest, we dispute their allegations. 1 am the only signer for the corporation. I am attaching the Statement of Information filed with the state of California on 3/30/23 that shows I am the only authorized signer for the corporation. Green Giant Landscape has never been legally debarred from a city. If you have any questions, please contact me. Sincerely, c� neat Donald L. Henderson President 941-A Macy Street • La Habra, CA 90631-5400 e (562) 690-6208 • Fax (562) 690-5029 E-Mail: greemgiantofficeC@gglci.com 7-38 5en� of r STATE OF CALIFORNIA U p'1. ..•'tUEEK�".BPS � Office of the Secretary of State ® STATEMENT OF INFORMATION CORPORATION California Secretary of State C'4(FORN�P 1500 11th Street Sacramento, California 95814 (916) 653-3516 BA20230539879 For Office Use Only -FILED - File No.: BA20230539879 Date Filed: 3/30/2023 Entity Details Corporation Name GREEN GIANT LANDSCAPE INC. Entity No. 1958820 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address Mailing Address of Corporation Mailing Address Attention Street Address of California Office of Corporation Street Address of California Office I Officers 941-A MACY STREET LA HABRA, CA 90631 941-A MACY STREET LA HABRA, CA 90631 941-A MACY STREET LA HABRA, CA 90631 Officer Name Officer Address Position(s) 0 Donald L Henderson 941-A MACY STREET LA HABRA, CA 90631 Chief Executive Officer, Chief Financial Officer, Secretary Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors Director Name Director Address Donald L Henderson 941-A Macy Street La Habra, CA 90631 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name Donald L Henderson Agent Address 941-A MACY ST LA HABRA, CA 90631 Type of Business Type of Business LANDSCAPE CONSTRUCTION Email Notifications Opt -in Email Notifications No, I do NOT want to receive entity notifications via email. I prefer notifications by USPS mail. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. rn w Co I 00 7-39 Pane 1 of 9 Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Donald L. Henderson 0313012023 Signature Date KI M (D n (D ri O rfi W rrt w rt rD 7-40 P— 7 of 0