14-H
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works SUBJECT:Consideration and possible action to consider a request from Cal- City Construction to substitute the plumbing subcontractor (Line Tech Plumbing, Inc.) for the Bellflower Youth and Senior Center Facility (Specifications No. 23/24-07) and to clarify and correct clerical errors related to the Waterproofing (Roger H. Proulx & Co.) and Drywall (Schmitt Drywall Contracting) subcontractors.
DATE:June 23, 2025
EXECUTIVE SUMMARY
On February 10, 2025, the City Council approved and awarded a contract to Cal-City Construction for the Bellflower Youth and Senior Center Facility (Specifications No. 23/24-07) Project. In accordance with the contract, Cal-City Construction is requesting the substitution of the plumbing subcontractor, Line Tech Plumbing, Inc. with So Cal Sewer Construction, Inc. Additionally, Cal-City Construction has requested clarification and correction related to the Waterproofing subcontractor (Roger H. Proulx & Co.) and the Drywall subcontractor (Schmitt Drywall Contracting) due to clerical errors.
RECOMMENDATION TO CITY COUNCIL
1) Approve the requested substitution of the Drywall subcontractor from Line Tech Plumbing, Inc. to So Cal Sewer Construction, Inc.; and
2) Approve the request to clarify that the Waterproofing subcontractor will be Roger H. Proulx & Co., not Proulx Company, Inc.; and
3) Approve the request to correct the name of the Drywall subcontractor from Schmitt Contracting Inc. to Schmitt Drywall Contracting; or 4) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no fiscal impact to the project as a result of these requested changes.
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Staff Report – Consideration of Request by Cal-City Construction to Substitute and Correct Subcontractors for Bellflower Youth and Senior Center Facility (Specifications No. 23/24-07)
June 23, 2025
DISCUSSION
The City Council authorized a contract with Cal-City Construction for the construction of Bellflower Youth and Senior Center Facility (Specifications Nos. 23/24/-07) on February 10, 2025. On June 13, 2025, Cal-City Construction requested the substitution of Line Tech Plumbing, Inc. in accordance with Public Contract Code § 4107 (a)(1), which allows the City Council to approve a substitution request when the subcontractor, after having a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope and price specified in the subcontractor’s written bid. Line Tech Plumbing, Inc. submitted a letter to Cal-City Construction on May 12, 2025, stating its desire to withdraw from the project due to its inability to perform at the price and scope of their original bid. Cal-City Construction proposes to replace Line Tech Plumbing, Inc. with So Cal Sewer Construction, Inc. The value of the replacement subcontract will not exceed the original price proposed by Line Tech Plumbing, Inc., resulting in no increase to the overall project.
On May 6, 2025, Cal-City Construction received a letter from Proulx Company Inc., the listed Waterproofing subcontractor, notifying it that the work will not be performed by the listed name and contractor’s license for Proulx Company, Inc. as the company decided to close Proulx Company and is moving forward under the name “Roger H. Proulx & Co.” and the contractor’s license associated with that name. Public Works staff contacted Proulx Company, Inc. and confirmed the purpose behind name change and determined it to be a reasonable request.
On May 1, 2025, Cal-City Construction received a letter from Schmitt Drywall Contracting informing that there was a clerical error in the Letter of Intent Cal-City Construction sent to it which references the incorrect company name and contractor’s license. Schmitt Drywall Contracting submitted its original bid to Cal-City Construction which demonstrates that its submittal for the Drywall subcontracting work was accurate and correct at their time of submittal. Legal counsel for Cal-City Construction, Feldman & Associates, Inc., also provided correspondence that this was a clerical error and requested the City’s approval for the correction order to issue a revised Letter of Intent to Schmitt Drywall Contracting.
ATTACHMENTS
Line Tech Plumbing, Inc. Letter ....................................................................................... 3 Roger H. Proulx & Co. Letter ........................................................................................... 5 Schmitt Drywall Contracting Letter .................................................................................. 6 -2-
I:AI.I:I'I'Y
CONSTRUCTION
June 13, 2025
City of Bellflower
Public Works Department
16600 Civic Center Drive
Bellflower, California 90706
Attn: Mr. Len Gorecki,
Assistant City Manager /
Director of Public Works
RE: Request for Subcontractor Substitution for Bellflower Youth and Senior Center Dear Mr. Len Gorecki,
We hereby request the substitution of subcontractor for the Bellflower Youth and Senior Center project because the listed subcontractor, upon being presented with the subcontract, thereafter, refused to execute a written subcontract and presented a withdrawal letter for the PLUMBING scope of work. LINE TECH PLUMBING, INC. has indicated it would not contest the substitution request. The value of the replacement So Cal Sewer Construction Inc. subcontract, as proposed, will not exceed the price proposed by LINE TECH PLUMBING, INC.
This substitution is appropriate under California Public Contracts Code §4107(1).
Trade Subcontractor Listed at Bidding Substituting Subcontractor PLUMBING LINE TECH PLUMBING, INC. SO CAL SEWER CONSTRUCTION INC (License # 549584) (License # 1029948)
DIR # 1001133133 DIR # 1000060493
Contact: Duke Byun Contact: Frank Falatico
[email protected] [email protected]
Tel: 213) 216-1122 Tel: (562) 972-4154
14939 ROMA DRIVE 6444 E SPRING STREET # 278
LA MIRADA, CA 90638 LONG BEACH, CA 90815
Sincerely,
Gene Lee
Project Manager
Cal-City Construction, Inc.
16605 NORWALK BLVD., CERRITOS, CA 90703
PHONE: 562) 404-4820 / FAX: 562) 404-4830
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Line Tech Plumbing Inc.
12May2025
To: General Contractor
Cal-City Construction, Inc.
16605 Norwalk Blvd. Cerritos, CA 90703
Subject: Subcontractor Withdrawal- BellflowerYouth and Senior Center Project To whom It may concern,
Line Tech Plumbing inc., hereby formally withdraws from performing the plumbing scope of work for the Bellflower Youth and Senior Center project. This withdrawal is made In accordance with California Public Contract Code Section 4107, due to our Inability to execute the subcontract agreement at the price and scope specified in our original bid.
We appreciate your understanding and cooperation In this matter.
Sincerely
Duk Byun
President “L .
Line Tech Plumbing inc.
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Infi- ROGER H. PROULX & CO.
WATERPROOFING CONTRACTORS T3927 PARAMOUNT BLVD. SINCE 1973 PARAMOUNT, CA 90723 (562) 630-8313 FAX (562) 630-8391
LICENSE 427020
May 06, 2025
To whom it may concern:
As discussed, we will move forward utilizing "Roger H. Proulx & Co." (CSLB #427020) in lieu of "Proulx Company Inc" (CSLB #657630) for the Bellflower Youth 8: Senior Center project. We have decided to close Proulx Company for now and remain with the other two construction companies, Roger H Proulx & Co and Proulx Contracting, Inc.
Going forward these two companies will handle all requirements on certified, WBE and union projects. With that being said, we would like to have our subcontract agreement with Cal-City Construction, lnc. switched over to Roger H.
Proulx & Co. If there are any other concerns, please feel free to contact us.
President
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CR“? \13 SCHMITT \
Q?) DRYWALL CONTRACTING
05/01/2025
To:
Elizabeth Franco
Contract Administrator
Cal-City Construction, Inc.
16605 Norwalk Blvd
Cerritos, CA 90703
RE: Correction Request — Letter of Intent for Bellflower Youth and Senior Center Specification No. 23/24-07
Elizabeth,
We sincerely appreciate the opportunity to be considered for the subcontract award on the Bellflower Youth and Senior Center project. However, we’d like to respectfully bring to your attention a clerical error in the Letter of Intent issued on March 4, 2025.
The LOI currently references “Schmitt Contracting Inc. (CSLB #913382)”, which is a different entity.
In order to proceed with submitting the necessary documentation, including insurance certificates and bonding requirements we kindly request that the LOI be updated to correctly reflect the intended subcontractor:
Schmitt Drywall Contracting
261 North Berry Street
Brea, CA 92821
CSLB License #1006340
DIR Registration #1000029358
We understand how easily this type of error can happen, especially with multiple firms operating under similar names. For your convenience and verification, we’ve attached our bid flyer that was submitted for this project, which includes all of our correct company information.
Please let us know once the revised LOI has been issued so we can promptly move forward with the required submittals. We’re looking forward to a smooth and successful collaboration on this project.
Thank you again for your attention to this matter.
Respectfiully,
Michael Armas
Schmitt Drywall Contracting
(714) 366-7432
261 N. Berry Street, Brea, CA 92821 ° Office: 714-566-4036 ° Fax: 714—582-2709 ‘1 DIR # 1000029358 ° License # 1006340 -6-
IALEI'I'Y
CONSTRUCTION
March 4, 2025
Via Electronic Mail
Schmitt Contracting Inc. CSLB #913382
Michael Armas
343 N Berry St.
Brea, CA 92821
RE: Bellflower Youth and Senior Center Specification No. 23/24-07 Dear Mr. Michael Armas,
This letter is to inform you that Cal-City Construction, Inc. intends to award and subcontract with Schmitt Contracting Inc. (CSLB #913382) to perform Gypsum Board and Non-Structural Metal Framing works for the Bellflower Youth and Senior Center Specification No. 23/24-07 This Letter of Intent is valid until Contract is executed Schmitt Contracting Inc. (CSLB #9133 82) is requested to commence the work on the date of receipt of this letter to secure the project schedule which has been agreed to during pre-construction.
Cal-City requires that Subcontractors furnish the following:
a General Liabili Insurance
(b) Automobile Liability Insurance
(c1 Workers Compensation Insurance
It is a pleasure to work with your firm, and we look forward to your full cooperation until project completion. If you have any questions, please contact:
David Chang, Estimator, Telephone: (5 62) 404-4820 ext. 119 Sincerely,
Elizabeth Franco
Contract Administrator
Cal-City Construction, Inc.
16605 NORWALK BLVD, CERRITOS, CA 90703 TEL: 562-404-4820 FAX: 562—404—4830 -7-
\1‘32‘ \‘A S CHMITT
7M?) DRYWALL CONTRACTING
January 16, 2025
Cal-City :
Reference: Re-Bld Bell Flower Youth and Senior Center
We propose to furnish and Install labor and material to complete Drywall per drawings by NCA Studio Architects dated 10/18/2023 that includes Addendum 1, 2 , and 3 .
Specification Sections
09 21 16 Gypsum Board Assemblies
09 22 16 Non-Structural Metal Framing (AT FIREPLACE ONLY ) BASE BID $250,000.00
Inclusions:
1. Schmitt Drywall Contracting is signat01y to Union Labor.
2. Metal Stud Framing at Fireplace only.
Exclusions:
Bond cost. (Add 1.1% if required.)
Caulking and joint sealants.
Sealing of MEP penetrations through drywall assemblies.
Protection of Installed materials.
Sound and Thermal Insulation.
Metal Trash bins. (General contractor to include debris bins for our use.) Patch and repair of damage caused by other trades or acts of God. . Demo.
10. Wood and Plywood
11. Structural steel or misc. dimensioned tubes, angles, Unistrut Channels
12. Drywall primer, prep coat, or sealers (painters’ scope)
13. Parking cost (Onsite parking to be provided for our workers).
14. Shimming or straightening Wood sub straights.
15. Maintaining Building Temperature and Humidity.
16. Sheet Metal and Flashings.
17. Shop Drawings.
18. Waterproofing behind Metal Panels.
Qualifications: ‘
The proposal is valid for 60 days.
Water, power (220volt/50amp), and lighting to be supplied and maintained at required locations (by others) at no cost.
Scope, schedule, terms, and conditions to be mutually agreed upon.
This bid proposal to become an exhibit attachment to our subcontract.
All work to be completed during normal working hours. Excludes premium time.
All drywall Taping is figured Level 4.
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Regards
Michael Armas (714) 366-7432
Schmitt Diywall Contracting
All Plaster to be performed prior to installation of handrails, finished architectural products, finished Roofing and/or 261 North Berry Street Brea, CA 928210 Office: 714—566-4036 ° Fax: 714-582-2709 0 DIR # 1000029358 ° License # 1006340 -8-
FELDMAN & ASSOCIATES, INC.
ATTORNEYS AT LAw
11030 SANTA MONICA BOULEVARD
SUITE 109
Los ANGELES, CALIFORNIA 90025
(310) 312-5401
FACSIMILE (310) 312-5409
June 16, 2025
via Email
Re: Cal-City Construction/Bellflower Youth and Senior Center Request to Correct Clerical Error in Name of Listed Subcontractor Contract No. 23/24-07
To Whom it May Concern:
In its subcontractor list, Cal-City put the name “Schmitt Contracting Inc.” and omitted the word “drywall” from the company name. The correct and full name of the subcontractor is “Schmitt Drywall Contracting, Inc.” with license number 1006340. So that your files are complete, we are following the public contract code section 4107.5 and providing notice of this typographic error to both you and the mis—named contactor (via certified mail), to request the substitution due to the clerical error under section 4107:
Listed Entity:
Schmitt Contracting Inc. (CSLB #913382)
343 N BERRY STREET
BREA, CA 92821
Contractor to Substitute:
Schmitt Drywall Contracting
206 Willamette Ave.
Placentia, CA 92870
In effect, Cal-City therefore requests to substitute Schmitt Contracting Inc, for Schmitt Drywall Contracting Inc.
Schmitt Drywall Contracting caught this error when we sent them the subcontractor and letter of intent to proceed with them. A copy of their letter to us is attached, so that you can see how the typo was made. The other Schmitt entity did not submit any pricing to us at bid time and does not even know who we are or that they were accidentally named, because they were only put there as their name is so similar with our intended subcontractor. -9-
June 16, 2025
CalCity/Bellflower Youth and Senior Center
Page No. 2
Thank you and please tell us if the incorrectly typed subcontractor responds to the notice, or if you have any other questions.
Sincerely,
flaw
Adam Meyers, counsel for Cal-City Construction
Feldman & Associates, Inc.
cc: Mark A. Feldman; Cal-City Construction
Schmitt Contracting Inc., Schmitt Drywall Contracting, Inc. -10-