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Home My WebLink About10 - Fiscal Year 2024-25 Playground Improvements Project - Award of Contract No. 9753-1e �EvuPpRr CITY OF O NEWPORT BEACH <,FORN City Council Staff Report October 28, 2025 Agenda Item No. 10 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 - 949-644-3321, tandefur@newportbeachca.gov TITLE: Fiscal Year 2024-25 Playground Improvements Project - Award of Contract No. 9753-1 to R.E. Schultz Construction, Inc. (25P01) ABSTRACT - The City of Newport Beach (City) received bids for the FY 2024-25 Playground Improvements Project. Staff requests City Council approval to award a construction contract to R.E. Schultz Construction, Inc. (Orange) to replace aging playgrounds at Spyglass Hill Park (1 Narbonne) and Bonita Canyon Sports Park (1990 Ford Road). RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Find the bid submitted by Western State Builders Inc. to be non -responsive; d) Award Contract No. 9753-1 to R.E. Schultz Construction, Inc. for the total bid price of $858,800 for the Fiscal Year 2024-25 Playground Improvements Project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $90,000 (approximately 10% of the total bid) to cover the cost of unforeseen work not included in the original contract. DISCUSSION: Staff identified the playgrounds at Spyglass Hill Park and Bonita Canyon Sports Park as needing refurbishment as part of the annual Playground Refurbishment Program. Both playgrounds are over 25 years old and show signs of deterioration. The full replacement of both playgrounds along with staff identified improvements to amenities in the surrounding parks will ensure a high level of public enjoyment, continued smooth operation, and enhanced safety and Americans with Disabilities Act (ADA) compliance. At 2 p.m. on September 24, 2025, the City Clerk opened and read the following bids for this project: 10-1 Fiscal Year 2024-25 Playground Improvements Project - Award of Contract No. 9753-1 to R.E. Schultz Construction, Inc. (25P01) October 28, 2025 Page 2 BIDDER TOTAL BID AMOUNT Low Western State Builders Inc. * $855,118 2nd R.E. Schultz Construction, Inc. $858,800 3rd Azas Engineering Inc $863,689 4t" Micon Construction, Inc $873,592 5t" ACC & Engineering LLC $894,423 6t" ankor associates Inc. $899,620 7t" Elegant Construction Inc. $918,000 8t" Armstrong Cal Builders Inc. $928,775 9t" Leonida Builders Inc. $975,000 10t" diamond construction $987,727 11t" JRH Construction, Inc. $1,059,965 12t" AVA Builders, Inc. $1,062,995 13th Shiraz Construction $1,077,777 14t" Environmental Construction, Inc. $1,146,413 15th Newman Midland Corp. $1,193,100 16th Crosby Plumbing Inc $1,241,038 *Non -responsive Bid The City received 16 bids for this project. As part of the staff review of the bids, it was identified that the apparent low bidder, Western State Builders Inc., does not possess an "LSI Certified Installer" designation as required in the project specifications. The City also received a bid protest from the second low bidder claiming a deficiency in the apparent low bidder's responsiveness, specifically that they did not possess the project specification required "LSI Certified Installer" designation. The apparent low bidder provided a response letter which was reviewed as part of the recommendation process. City staff reviewed and confirmed the lower bidder, Western State Builders Inc, did not have the required certification as required in the project specification and thus is being disqualified. The protest letter and response are included as attachments to this report. Staff recommends awarding the project to the 2nd low bidder, R.E. Schultz Construction, Inc., which possesses all licenses and certifications outlined as required in the project specifications. A review of references for R.E. Schultz Construction, Inc. shows satisfactory completion of similar contracts for public agencies including the City, Rialto Unified School District, the City of Monterey Park, the City of Sierra Madre, the City of Riverside and the City of Santa Clarita. R.E. Schultz Construction, Inc., bid came in at approximately 10% below the engineer's estimate of $950,000. The difference between the recommended low bid and engineer's estimate reflects the extremely high level of interest in the project. Pursuant to the project specifications, the contractor shall have 90 consecutive days for material and equipment procurement followed by 40 consecutive working days to complete the project. Work is scheduled to begin in the spring of 2026. 10-2 Fiscal Year 2024-25 Playground Improvements Project - Award of Contract No. 9753-1 to R.E. Schultz Construction, Inc. (25P01) October 28, 2025 Page 3 The project plans and specifications will be available for review at the October 28, 2025, City Council meeting or upon request. FISCAL IMPACT: The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The project will be expensed to the General Fund, Building Excise Tax (BET) fund and the Park Maintenance Master Plan (PMMP) fund. The following funds will be expended: Account Description Account Number Amount General Fund 01201929-980000-23P01 $ 26,738 BET 14101-980000-24P01 $ 102,309 General Fund 01201929-980000-25P01 $ 148,489 PMMP 57001-980000-25P02 $ 241,654 BET 14101-980000-25P01 $ 132,810 BET 14101-980000-26P01 $ 150,000 PMMP 57001-980000-26P01 $ 150,000 $ 952,000 Proposed fund uses are as follows: Vendor Purpose Amount R.E. Schultz Construction, Inc. Construction Contract $ 858,800 R.E. Schultz Construction, Inc. Construction Contingency $ 90,000 Various Printing & Incidentals $ 3,200 Total: $ 952,000 The 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 can be 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 PMMP includes a comprehensive condition assessment of all City parks and prioritizes capital repairs and major maintenance based on a variety of factors including current condition and age of parks. This program funds a variety of capital repair and maintenance projects in an effort to keep City parks in good condition and is funded through the General Fund. Staff recommends establishing $90,000 (approximately 10% of total bid) for contingency purposes and unforeseen conditions associated with construction. 10-3 Fiscal Year 2024-25 Playground Improvements Project - Award of Contract No. 9753-1 to R.E. Schultz Construction, Inc. (25P01) October 28, 2025 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing 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 - Protest Letter (R.E. Schultz Construction Inc.) Attachment C - Response to Protest (Western State Builders Inc.) 10-4 Attachment A 17 _)TH CITY OF COSTA MESA PROJECT LOCATIONS JOHN WAYNE AIRPORT \/Ir'InIITV RAAD NOT TO SCALE CITY YARD RE -ROOFING PROJECT LOCATION MAP - olp CITY OF IRVINE P� UNIVERSITY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7719-1 I 08/25/20 10-5 Attachment B Protest Letter (R. E. Schultz Construction Inc.) 10-6 %t rUE: t 1Qn* rmac, Goy General Engineering Contractors Lic. #1007195 September 25, 2025 City of Newport Beach Attn: Ellis Petersen, Project Manager 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 Re: Formal Bid Protest — 2024-2025 Playground Improvements Project / Contract No. C-9753-1 Dear Ms. Petersen: On behalf of R.E. Schultz Construction, Inc., this letter serves as our formal protest regarding the apparent low bid submitted by Western State Builders, Inc. for the above -referenced project. After careful review, we believe their bid is non -responsive for the following reasons: 1. Lack of Required LSI Certification Western State Builders, Inc. is not a Landscape Structures, Inc. (LSI) Certified Installer as required by the City's bid documents. Furthermore, they did not list an LSI-certified subcontractor for the installation of the playground equipment. The bid specifications (Section 2-1, Award and Execution of the Contract, subsection c) clearly state: "LSI certified installer (Landscape Structures Incorporated). " A current list of LSI-certified installers is enclosed for your reference. 2. No Addendum Issued Modifying Certification Requirements During the bidding process, a clarification was requested regarding whether the installer must be a manufacturer -certified installer (Question 1.21). The response stated: "The equipment installer must hold a D-34 license and be CPSI certified. No Playcraft Systems credentials are required. The holder of the D-34 license must demonstrate experience installing LSI equipment for public entities. " However, no formal addendum was issued to amend the original bid requirements. Accordingly, the City must enforce the specifications as written, which mandate an LSI-certified installer. Conclusion Based on these deficiencies, Western State Builders, Inc.'s bid should be deemed non -responsive. We respectfully request that the City reject their bid and award the contract to the most responsive and responsible bidder—R.E. Schultz Construction, Inc. R.E. Schultz Construction, Inc. submitted a competitive bid fully compliant with all requirements. We have been a certified installer for Playcraft since 2016 and an LSI-certified installer since 2015. With over 25 years of experience, we have successfully completed hundreds of similar projects throughout California. Our firm holds the following licenses: A, B, C-61/D34, and C-6I/D12. 1767 N. Batavia 5t,, Orange, CA 92865 1714.649.2627 1714.740.5049 1 www.reschultzconstruction.com 10-7 ox schult c't Uctior�. n 1 La�► General Engineering C. Eantrar-tors Lir. #1007195 We appreciate your consideration and the opportunity to continue serving the City of Newport Beach. Sincerely, Richard Schu President R.E. Schultz Construction, Inc. P: (714) 350-4269 1 E: rick@reschultzconstruction.coin Cc: chelsea@reschultzconstruction.com Cc: nicole@reschultzconstruction.com Enclosures (5): 1. Excerpt — City of Newport Beach Bid Documents 2. Current List of LSI Certified Installers 3. Playcraft Certified Installer Certificate — RES 4. Landscape Structures Certified Installer Certificate — RES 5. CPSI Certificate — RES 1767 N. Batavia St., Orange, CA 92865 1 714.649,2627 1 714.740.5049 1 www.reschultzconstruction.com 10-8 QRpf ESS10Nq CITY OF NEWPORT BEACH �,`��Sp�pRO pFl �Fy PUBLIC WORKS DEPARTMENT Cj -' C 86458 Z SPECIAL PROVISIONS - 2024-2025 Playground Improvements Project OC civA``Ep�� CONTRACT NO. C-9753-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B-5332-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City - City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. "D-34" (prefabricated equipment) and "D-12" (synthetic Page SP 1 of 25 10-9 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) LSI certified installer (Landscape Structures Incorporated) If there is a conflict or discrepancy, City CPSI representative's determination shall control. If the "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 the existing playgrounds at Spyglass Hill and Bonita Canyon Sports Parks (1 Narbonne Newport Beach, CA 92660 and 1990 Ford Rd, Newport Beach, CA 92660, respectively) and replacing them with new playgrounds along with associated improvements/work as outlined in the Plans (Drawing No. B-5332-S). SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Page SP 2 of 25 10-10 Here is a list of Certified Installers in California. Blanchard Construction (Sacramento) Tom Blanchard 5010 Stirling St.co Granite Bay CA 95746 916-791-7127 707-483-4943 blanchardconstruoon@msn.com Leonard's Construction John Leonard San Jose CA 95111 408-799-3386 leonconst569@gmail com James Breneman, S.P. Jim Breneman Concord CA 94522 925-817-9875 Jim@Jbreneman.com Creative Builders - Who Built ( north of SF) Jana Gebhardt 80 Aka Dr. Petaluma CA 94954 707-763-6210 jana@v.hobuilt biz King Khan Drilling and Construction, inc. T. Khan Diep 9315 Fowler Ave. Clovis CA 93619 559-944-6025 559-944-6025 kingkhandrilling@lgl.com G R G Builders. inc. Gerald Callahan 4542 Contractors Place Livermore CA 94551 925-846-9023 925-570-7606 gcallahan@ggbuildersinc com Sierra Play Partners (Jessup Holdings) Loren Jessop PO Box 30 Ripon CA 95366 209-317-3026 209-541-9658 Loren@sierrapLlaypartners com Community Playgrounds (Bay area) Curt Wear 1620 Grant Ave.. Ste. 5 Novato CA 94945-2241 415-892-1707 415-559-8883 cwear commplay.us R. E. Schutz Construction (South of LA) Richard Schultz PO Box 6 Silverado CA 92676 714-649-2627 Chelsea reschultzconstruction - com Cicero Engineering (South LA) Frank Cicero 1372 E. Valencia Dr. Fullerton CA 92831 562-762-5147 fcicero(@ciceroengineering.com Jack Stiegel 14688 El Molino St. Fontana CA 92335 714-619-0100 909-229-4855 jstriegel@coastrecreation net Tot Lot Pros. Inc. (East LA) Jack Striegel 14688 El Molino St. Fontana CA 92335 909-229-4855 909-229-4855 jack totlotpros com General 2 Constructors. Inc. Jose Gomez 6393 Frank Ave. Mira Loma CA 91752 909-561-9443 909-821-3828 g2constructors@gmail.com Evergreen Environment Inc. (East LA area) Juan Sandoval 8609 Mission Blvd. Riverside CA 92509 951-377-1757 Juan evergreenenvironment net Play Foundations S of LA. N of San Diego) Jack Cox 1330 N Melrose Dr., Suite F Vista CA 92083 760-295-8645 jack playfoundations com Central Coast Playgrounds Matt Norris Box 2212 Orcutt CA 93455 805-266-6617 Matt - centralcoast lLaaygrounds com Jaynes Brothers Construction (Bay Area) Chase Jaynes 30941 Agoura Rd Suite 128 Wes Lake Village CA 91361 805-559-0163 Chase Ja nesbrothers.com Childs Play. Inc. Chris Childs 1852 Langley Ave Irvine CA 92614 949-252-1186 1 714-709-1782 Chris@cpparks com 9/23/25, 1:22 PM PlanetBids Vendor Portal 1.19 The plans note that the contractor is responsible for removing, disposing of, and replacing the existing concrete bench and picnic table. However, no specific manufacturer or product line is identified in the documents. Could you please confirm if a specific manufacturer or model is required for these items? Answer The requested information is in the notes on page 2 of the plans 1.20 Line Item(s) #8 & #18 indicate that contractor is to include furnishing and placement of sand in the bid item, however, Section 220-1.1 states that Playground Sand will be furnished by the City. Please clarify. Answer The city will not furnish sand. The contractor may either clean the existing sand or purchase new sand. Either way the sand must meet the stated material/quality specifications outlined. 1.21 We ask that the city of Newport Beach to Lift the Manufacture Certified Installer Preference from the bid specs. We ask the city to allow other higher requirement standards for playground installers to be allowed and excepted. Answer The equipment installer must hold a "D-34" license and be CPSI certified. No Playcraft Systems credentials are required. The holder of the "D-34" license must demonstrate experience installing LSI equipment for public entities. 1.22 Could you please confirm whether substitutions are permitted for the playground equipment? If so, would the City consider a value engineering option as an acceptable alternative? Answer These are fully designed playgrounds that have been vetted through significant public input. We do not have the autonomy to change designs. It's not clear how the same design would be achieved with different equipment. 1.23 In the upcoming bid there is a note requiring all installers to be manufacturer certified. We are not currently factory certified by Landscape Structures (LSI). It has become apparent that these manufacturers keep an "exclusive club" of installers and do not allow anyone else this privilege. This has been a volatile issue for many of us installers over the last several years, so much that several major manufacturers have acknowledged that apparent conflict it presents to bidding agencies, and opted to use the California title 22, division 4, article 1, para 65730 Assembly & Installation wherein the installing contractor may be manufacturer certified OR a NPSI auditor. We respectfully request the City of Newport Beach delete the 'manufacturer certified' verbiage from there documents and replace it with language more open to competitive bidding. We meet the 30+ years' experience in playground/public works and are more than qualified to perform this scope of work. Thank you Answer The equipment installer must hold a "D-34" license and be CPSI certified. No Playcraft Systems credentials are required. The holder of the "D-34" license must demonstrate experience installing LSI equipment for public entities. https://vendors.planetbids.com/portal/22078/bo/bo-detail/l 33432# 4/6 10-12 a/lq landscape structures" This Certificate Approves R. E. Schultz Construction Inc. C7& hov&V owt r1w he�?lt Jn�� wmjdaV Certified installer &j 6w(vri�e wi r Expires February 2027 Date Official Va idation Landscape Structures Inc., 601 7th Street South, Delano, MN 55328 USA 10-13 Issue Date: 2/28/2023 Exp. Date: 12/31 /2025 CERTIFICATE of ACHIEVEMENT THIS ACKNOWLEDGES THAT RICK SCH U LTZ SCHULTZ CONSTRUCTION, INC. HAS SUCCESSFULLY COMPLETED THE Certified Installer Program Q Schatza, VP/General Manager 60F S V S T E M S LL A PLA CORE Company 10-14 rti and Farb Associ 10/7 ?t x Let it he 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 Certified Playground Safety Inspector CHAIRPERSON Certified Playground Safety Inspector NRPA PRESIDENT AND CEO April 30, 2024 DATE CERTIFIED 61173-527 CERTIFICATION NUMBER May 01, 2027 E3RQA"ON OATE 10-15 Attachment C Response to Protest (Western State Builders Inc.) 10-16 WESTERN STATE BUILDERS INC. 2141 ORANGE AVE ESCONDIDO CA LICENSE: 1069677 City of Newport Beach Public Works Department Attn: Ellis Petersen 100 Civic Center Drive Newport Beach, CA 92660 September 26, 2025 Re: Response to Bid Protest — 2024-2025 Playground Improvements Project, Contract No. C-9753-1 Dear Ellis Petersen, Western State Builders, Inc. ("WSB") respectfully submits this response to the bid protest filed in connection with the above -referenced project by R. E. Schultz Construction. I. Background The Special Provisions for this project originally stated that a D-34 licensed playground equipment installer at the time of bid must hold: a. CPSI Certification b. Playcraft Systems certification c. LSI installer certification Recognizing that this requirement was unduly restrictive, WSB submitted a formal Bid Request for Information (RFI) on September 10, 2025, requesting that the City lift the manufacturer -certified installer requirement and allow qualified, licensed, and industry - certified playground installers to bid (see Exhibit A) WSB Bid RFI for Bid NO. 2024-2025 Playground Improvement Project ( Attached) H. City Clarifications The city responded to WSB's RFI and others with similar questions on four separate occasions. In both instances, the City issued the same clarification: • The installer must hold a valid D-34 license. • The installer must be CPSI certified. • No Playcraft Systems credentials are required. 10-17 The holder of the D-34 license must demonstrate experience installing LSI equipment for public entities. (See Exhibit B, City Clarifications). Question Section 2 - Scope and Control of the Work. 2-1 Award and Execution of Work states that a D-34 licensed Playground Equipment Installer at the time of the bid must have the following a. CPSI Certification. b. proof the contractor is a Certified Installer from Playcraft, c. Proof that the contractor is a Certified LSl installed. Please confirm this? Answer The equipment installer must hold a "D-34" license and be CPSI certified. No Playcraft Systems credentials are required. The holder of the "D-34" license must demonstrate experience installing LSI equipment for public entities. Question We ask that the city of Newport Beach to Lift the Manufacture Certified Installer Preference from the bid specs. We ask the city to allow other higher requirement standards for playground installers to be allowed and excepted. Answer The equipment installer must hold a "D-34" license and be CPSI certified. No Playcraft Systems credentials are required. The holder of the "D-34" license must demonstrate experience installing LSI equipment for public entities. Question In the upcoming bid there is a note requiring all installers to be manufacturer certified. We are not currently factory certified by Landscape Structures (LSI). It has become apparent that these manufacturers keep an "exclusive club" of installers and do not allow anyone else this privilege. This has been a volatile issue for many of us installers over the last several years, so much that several major manufacturers have acknowledged that apparent conflict it presents to bidding agencies, and opted to use the California title 22, division 4, article 1, para 65730 Assembly & Installation wherein the installing contractor may be manufacturer certified OR a NPSI auditor. We respectfully request the City of Newport Beach delete the `manufacturer certified' verbiage from there documents and replace it with language more open to competitive bidding. We meet the 30+years' experience in playground/public works and are more than qualified to perform this scope of work. Thank you 10-18 Answer The equipment installer must hold a "D-34" license and be CPSI certified. No Playcraft Systems credentials are required. The holder of the "D-34" license must demonstrate experience installing LSI equipment for public entities. These written clarifications supersede the original bid specification language and establish the operative requirements for all bidders as put forth from the City of Newport Beach prior to bid time. III. Protest Is Without Merit The pending protest appears to rely on the original bid language rather than the City's official bid clarifications. Because the City confirmed in writing four separate times that manufacturer certifications are not required, the protestor's position is inconsistent with the actual, controlling bid requirements. WSB meets and exceeds the clarified requirements: • We hold an active D-34 license. • Our management and field staff maintain CPSI certifications. • Our Management has physically been through the LSI Certification process with another company however he was the physical person from that company that attended the LSI training and Certification process in 2017 • WSB has successfully completed numerous public works projects involvingthe installation of Landscape Structures Inc. (LSI) equipment for public entities throughout Southern California. We enclosed a list of at least 10 City parks of like kind throughout southern California where LSI Equipment was installed. We have more references of other parks with LSI equipment we can share if necessary (see project references in Exhibit A) Accordingly, WSB's bid is both responsive responsible and apparently low bidder. IV. Conclusion For the foregoing reasons, WSB respectfully requests that the city deny the pending protest. WSB's bid complies fully with the clarified bid requirements, and we have the proven experience, certifications, and licenses to perform this project successfully in accordance with all applicable plans and specifications. We appreciate the City's careful review and look forward to delivering this important public works project for the community. Respectfully submitted, 10-19 Julian Moen Vice President Western State Builders, Inc. 9 10-20 1 2141 ORANGE AVE ESCONDIDO, CA 92029 LICENSE: 1069677 Western State Builders has installed multiple Landscape Structures Inc play structures for cities throughout Southern California. Please see below list of references: City of Moreno Valley: Towngate Park Contact: Allen Yun, 951-413-3704, alleny@moval.org City of Moreno Valley: JFK Memorial Park Contact: Allen Yun, 951-413-3704, alleny@moval.org City of Westminster: Bolsa Chica Park, Westminster Village Park, Bowling Green Park, College Park, Russell C Paris Park Contact: Cindy Huynh, 714-548-3497, chuynh@westminster-ca.gov City of San Diego: JFK Park Contact: Amy Crandall, 619-449-4272, acrandall@fordyceconstruction.com City of San Diego, Jerabek Park Contact: Steve Scheidle, 619-579-0700, steve@whillockcontracting.com 10-21 WESTERN STATE BUILDERS INC. 2141 ORANGE AVE ESCONDIDO CA September 10, 2025 City of Newport Beach Purchasing Department James M. Houlihan To Whom this may Concern Re: Bid NO. 2024-2025 Playground improvements Contract No: C-9753-1 Please accept this letter from Western State Builders Inc. as a bid RFI for the project referenced above. Question — We ask that the city of Newport Beach to lift the Manufacture Certified Installer preference from bid Specs. We ask the city to allow other higher requirement standards for playground installers to be allowed and excepted. 8+ years in the industry installing playground equipment. - NPSI Certification - CPSI Certification C61-D34 License A License Reasoning — 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 required to construct playground equipment for public use. Please see excerpt from the U.S. Consumer Product Safety Commission for Public Playground Safety. 10-22 2.6 Assembly and Installation • Strictly follow all instructions from the manufacturer when assembling and installing equipment. • After assembly and before itsfirst use, equipment should be thoroughly inspected bya person qualified to inspect playgrounds forsafety. • 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 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 orstructural member); store fixtures. and display cases (either prefabricated or modular form); all forms and types of toilet/shower room partitions/acces5ories; 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, B, C-61 D-34, We are NPSI and CPSI 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 a manufacture for a scope of work we believe is a preference of the city and should not constitute De -qualification per Spec Section 1168 13, 1.03 Part B: 10-23 My understanding is that being manufacturer certified is not a request from specific manufacturers, however a preference from an agency. I do understand the reservations of an agency to have competent and qualified workmanship be used, I believe Federal and State Certifications should bear the same if not more weighted value, than a specific Manufacture Certification. Not being manufacture certified also should have limited or no effect on product warranties in our opinion per excerpt below, pulled from the manufacturer's website Specified for this project. 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 year5, for defects caused by corrosion. Products installed in direct contact with saltwater or that are 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 structure5 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 and allow Industry Certified and Verified contractors to perform the Scope of work. We feel Western State Builders Inc. is certainly qualified to perform the work as outlined in the plans and specs. Western State Builders Possess all the legal licenses and certificates to execute this project lawfully and skillfully from a local, state, and federal level. Item No. 2— Western State Builders Inc. has in the past installed the same specified manufactures equipment for the City and County of San Diego with great success. A few projects to reference would be: Gamma Street Park/41st St Mini Park - 4105 Gamma St, San Diego, CA 92113 Paradise Creek Park Expansion —1243 National City Blvd National City, Ca91950 Santa Clara Park — 1008 Santa Clara Place San Diego, Ca 92109 Island Avenue Mini Park - 3020 Island Ave, San Diego, CA 921029 City of Moreno Valley—Towngate Park 13051 Elsworth St, Moreno Valley, CA 92553 City of Moreno Valley—JFK Park 15111 Indian St, Moreno Valley, CA 92551 10-24 City of Westminster — 5 parks Multiple Parks addresses available if requested City of San Diego — Jerabek Park 10150 Avenida Magnifica, San Diego, CA 92131 City of San Diego — JFK Park 4825 Ocean View Blvd, San Diego, CA 9211 In summary, Western State Builders Inc. complies with all the legalities addressed by many different state and federal organizations for similar projects to install playground equipment for public use. Western State Builders Inc. has a demonstrated history of completing similar like public works projects throughout Southern California and for many years and possess the skill, training, licenses, certifications as well to complete this project. Western State Builders Inc. looks forward to your review. Julian Moen Vice President Western State Builders Inc. 10-25 City WSon Diego Small Local Business Enterprise (SLBE) Program Certification Western State Builders, Inc. Emerging Local Business Enterprise (ELBE) Speciality ConsWncNon (NAICS: 238990) Certification Number: lyWS1JJ6 Elective.- J/f>/k#k>-J/f>/k#Ei7 Christian Silva Program Manager Equal Opportunity Contracting 10-26 yjpecr((a*,onandPc/ry* So Let it be known that JAMES MOEN has met the requirements of the standards set forth by the National Certification Board and iS hgrsby grant0cl cgrtificatign aS a Certified Playground Safety Inspector CHAIRPERSON NRPA PRESI DE NT IN D CEO April 25, 2022 DATE CERTIFIED Certified Playground Safety inspector 54b22-525 CERTS FICAT ION NUMBER May 01, 2025 EXPIRATION DATE 10-27 yjpecr((a*,onandPcry* So Let it be known that JESUS PEREDA has met the requirements of the standards set forth by the National Certification Board and iS hgrsby grant0cl cgrtificatign aS a Certified Playground Safety Inspector CHAIRPERSON NRPA PRESI DE NT IN D CEO March 07, 2022 DATE CERTIFIED 9) Certified Playground 5afety 1Msector 53660-425 CERTS FICAT ION NUMBER EXPIRATION DATE 10-28 April 01, 2025 EXPIRATION DATE 10-29 yjpecr((a*,onandPc/ry* So Let it be known that DOUG LEWIS has met the requirements of the standards set forth by the National Certification Board and iS hgrsby grant0cl cgrtificatign aS a Certified Playground Safety Inspector CHAIRPERSON NRPA PRESI DE NT IN D CEO April 21, 2021 DATE CERTIFIED Certified Playground Safety Inspoctor 51139-0524 CERTS FICAT ION NUMBER May 01, 2024 EXPIRATION DATE 10-30 1 2141 ORANGE AVE ESCONDIDO, CA 92029 LICENSE: 1069677 Western State Builders has installed multiple Landscape Structures Inc play structures for cities throughout Southern California. Please see below list of references: City of Moreno Valley: Towngate Park Contact: Allen Yun, 951-413-3704, alleny@moval.org City of Moreno Valley: JFK Memorial Park Contact: Allen Yun, 951-413-3704, alleny@moval.org City of Westminster: Bolsa Chica Park, Westminster Village Park, Bowling Green Park, College Park, Russell C Paris Park Contact: Cindy Huynh, 714-548-3497, chuynh@westminster-ca.gov City of San Diego: JFK Park Contact: Amy Crandall, 619-449-4272, acrandall@fordyceconstruction.com City of San Diego, Jerabek Park Contact: Steve Scheidle, 619-579-0700, steve@whillockcontracting.com 10-31 aC�o1a� Recreation and Park Associ I Oq N Let it be known that DOUG LEWIS has met the requirements of the standards set forth by the National Certification Board and is hereby granted certification as a Certified Playground Safety Inspector CHAIRK.RSEM HMM PREMOM AM CM June 11, 2025 DATE CMTW ED Certifwed 1 PI round Safety Inspector 64595-0630 [Ek RKATi6H MUMMIN June 30, 2028 10-32 aC�o�a� Recreation and Park Associ N Let it be known that JAME S MOEN has met the requirements of the standards set forth by the National Certification Board and is hereby granted certification as a Certified Playground Safety Inspector CHAIRK-R50N fONA var OM ffa June 11, 2025 DATE CMTW ED Certifwed 1 PI round Safety Inspector 64594-0630 [Ek RKATi6H MUMOUR June 30, 2028 Lu, RAFMDN DAte 10-33