CA Review TL
Meeting Date: Nov. 4, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Si Phan, Associate Engineer
[email protected], 442-339-5219
Subject: Awarding a Construction Contract for the Harding Community Center Refurbishment Project to Muscle Plumbing, Inc. d.b.a. Pro Team Plumbing
District: 1
Recommended Action
Adopt a resolution accepting the bids received, rejecting a bid protest and awarding a construction contract for the Harding Community Center Refurbishment Project to Muscle Plumbing, Inc. d.b.a. Pro Team Plumbing, in an amount not to exceed $492,500.
Executive Summary
The Harding Community Center Refurbishment Project was developed to refurbish certain aging elements of the facility, including the heating, ventilation and air conditioning system at the Heritage Hall auditorium. The City Council adopted the plans, specifications and contract documents on July 22, 2025, authorizing the City Clerk to advertise for bids for the project.
Staff reviewed the bids the city received and determined that Muscle Plumbing, Inc. d.b.a. Pro Team Plumbing, submitted the lowest responsive bid in an amount not to exceed $492,500 and is a responsible bidder. Staff received a bid protest from the second lowest bidder. Following a review of the bid protest, staff found that the protest lacks merit.
Staff request that the City Council accept the bids received, reject the bid protest and award a construction contract to Muscle Plumbing, Inc. d.b.a. Pro Team Plumbing, the lowest responsive and responsible bidder, in an amount not to exceed $492,500.
Formally bid contracts with a value of more than $220,000 require the City Council’s approval under Carlsbad Municipal Code, or CMC, Sections 3.28.080(C) and 3.28.080(I)(6).
Nov. 4, 2025
Item #3 Page 1 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA
Explanation & Analysis
Overview
The Harding Community Center, located at 3096 Harding St, as shown in Exhibit 5, consists of four buildings: the Recreation Hall, “D” Building, Administration Building and the Heritage Hall auditorium. The project, Capital Improvement Program Project No. 4708, will replace the existing forced air gas heaters with a new heating, ventilation and air conditioning system at the Heritage Hall auditorium.
• The city received four bids for the construction work on Sept. 4, 2025. • Staff evaluated the bids and found that the lowest responsive bid was submitted by Pro Team Plumbing a responsible bidder, in an amount not to exceed $492,500. • The construction contract contains general performance standards and references to technical specifications, which if not met, allow the city to withhold payment. The contract also includes a one-year warranty period from the notice of completion.
Bid protest
The city received a bid protest from the second lowest bidder, GQ Builders, Inc., on Sept. 9, 2025, as shown in Exhibit 2. The protest asserted that the bid submitted by Muscle Plumbing was non-responsive to the city’s solicitation because a subcontractor was not listed for the fire protection and fire sprinkler work for the project, which is required by California Business and Professions Code Section 7057(c). The city received additional information from Pro Team Plumbing in response to the bid protest on Sept. 17, 2025, and Oct. 16, 2025, as shown in Exhibit
3. Staff reviewed the bid protest and rebuttal and determined that the protest lacked merit because bidders are not required to identify subcontractors when the subcontracted amount of the work is less than one-half of 1% of the total bid amount, in accordance with California Public Contract Code Section 4104(a).
In response to a city inquiry, Pro Team Plumbing confirmed it will use an appropriately licensed fire protection system contractor and that the subcontractor’s work will constitute less than one-half of 1% of the total project cost. Based on Pro Team Plumbing’s response, staff issued a response to the bid protest to GQ Builders, Inc. on Sept. 23, 2025, as shown in Exhibit 4. Staff recommend the City Council reject the bid protest from GQ Builders, Inc.
Fiscal Analysis
The project is funded from the Infrastructure Replacement Fund. There are sufficient funds available to fund the project. The appropriations, total expenditures to date and budgeted allocations for construction are shown below:
Nov. 4, 2025
Item #3 Page 2 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA
Harding Center Refurbishment Project
Capital Improvement Program Project No. 4708
Total appropriation to date $817,000
Total expenditures and encumbrances to date -$185,613
Total available balance $631,387
Construction contract (Muscle Plumbing, Inc. d.b.a. Pro Team Plumbing) -$492,500 Construction contingency (12%) -$59,100
Construction management and inspection and staff time (estimated) -$30,000 Total estimated construction costs -$581,600
Remaining balance $49,787
Carlsbad Municipal Code Section 3.28.040(C)(5) authorizes the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which for this project is $59,100.
Next Steps
Once the City Council accepts the bids received, rejects the bid protest and awards the construction contract to Muscle Plumbing, Inc. d.b.a. ProTeam Plumbing, staff will issue a purchase order and schedule a pre-construction meeting with the contractor to determine the amount of time that will be required to procure the project equipment. Staff will issue a notice to proceed to construct the project based on the anticipated equipment procurement period.
Construction is expected to start in fall 2025 and be completed by early 2026. A notice of completion to release bonds issued for the project will be recorded once the project is complete.
Environmental Evaluation
The proposed action for the Harding Community Center Refurbishment Project is categorically exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance, repair or minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.
Exhibits
1. City Council resolution
2. GQ Builders, Inc. bid protest letter dated Sept. 9, 2025
3. Muscle Plumbing, Inc. d.b.a. ProTeam Plumbing emails dated Sept. 17, 2025, and Oct. 16, 2025
4. City response letter to bid protest dated Sept. 23, 2025
5. Location map
Nov. 4, 2025
Item #3 Page 3 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA Exhibit 1
RESOLUTION NO. 2025-242 .
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE BIDS RECEIVED , REJECTING A BID PROTEST
AND AWARDING A CONSTRUCTION CONTRACT FOR THE HARDING
COMMUNITY CENTER REFURBISHMENT PROJECT TO MUSCLE PLUMBING, INC. D.B.A. PRO TEAM PLUMBING IN AN AMOUNT NOT TO EXCEED $492,500
WH
EREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct the Harding Community Center Refurbishment Project, Capital Improvement Program, or CIP, Project No. 4708, or Project, which includes the replacement of an aging heating, ventilation and air conditioning system in the Heritage Hall auditorium; and WHEREAS, on July 22, 2025, the City Council adopted Resolution No. 202 5-173, adopting the plans, specifications and contract documents for the Project, authorizing the City Clerk to advertise the construction documents for bidding and appropriating additional funds; and WHEREAS, on S ept. 4, 2025, staff received four bids for construction of the Project; and WHEREAS, staff reviewed the bids and found Muscle Plumbing Inc. d.b.a. Pro Team Plumbing to be a responsible bidder with the lowest responsive bid in an amount not to exceed $492,500; and WHEREAS, on Sept. 9, 2025, the second lowest bidder, GQ Builders Inc., submitted a bid protest alleging the bid submitted by Muscle Plumbing Inc., d.b.a. Pro Team Plumbing, was non-responsive because a subcontractor was not listed for the fire protection and fire sprinkler work for the Project; and
WHEREAS, on Sept. 17, 2025, and Oct. 16, 2025, staff received additional information from Muscle Plumbing Inc. d.b.a. Pro Team Plumbing in response to the bid protest, confirming that the fire protection and fire sprinkler work is less than one-half of 1% of its total bid amount and that Muscle Plumbing Inc., d.b.a. Pro Team Plumbing , will use an appropriately licensed fire protection system subcontractor; and
WHEREAS, staff reviewed the bid protest and the additional information that was provided, and determined that Muscle Plumbing Inc., d.b.a. Pro Team Plumbing, was allowed by Public Contract Code Section 4104(a) to omit the identification of its fire protection system subcontractor from its bid because the value of the subcontractor’s work was less than one -half of one percent of Muscle Plumbing Inc., d.b.a. Pro Team Plumbing’s total bid amount; and Nov. 4, 2025
Item #3 Page 4 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA WHEREAS, staff recommend that the Ci ty Council reject the b id protest for lack of merit and award the contract to Muscle Plumbing Inc., d.b.a. Pro Team Plumbing; and WHEREAS, Carlsbad Municipal Code, or CMC , Sections 3.28.040(C)(5) authorize s the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of Project award, which is $59,100.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council has determined that the proposed action for the Harding Community Center Refurbishment Project is categorically exempt from environmental review under the California Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance, repair or minor alteration of existing facilities with negligible or no expansion of the existing or former use , and that no exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or CMC Section 19.04.070(C) apply.
3. That the bid protest submitted by GQ Builders Inc. is rejected for lacking merit.
4. That the bid submitted by Muscle Plumbing Inc., d.b.a. Pro Team Plumbing, in an amount not to exceed $492,500 for construction of the Harding Community Center Refurbishment Project, CIP Project No. 4708, is accepted, and the Mayor is hereby authorized to execute a contract with
Muscle Plumbing Inc. d.b.a. Pro Team Plumbing,
subject to the contract’s review and approval as to form by the City Attorney’s Office.
5. That the City Manager or designee is hereby authorized to approve construction change orders for the Harding Community Center Refurbishment Project, CIP Project No. 4708, in an amount not to exceed $59,100.
6. That the award of this contract is contingent upon Muscle Plumbing Inc. d.b.a. Pro Team Plumbing executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days after adoption of this Resolution. The City Manager may grant reasonable extensions of time to execute
the contract and assemble the required bonds and insurance policies.
Nov. 4, 2025
Item #3 Page 5 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA PASSED, APPROVED AND ADOPTED at a Regular Meeting of the C ity Council of the City of Carlsbad on the 4th day of November, 202 5, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
__________________
____________________
KEITH BLACKBURN, Mayor
__________________
____________________
SHERRY FREISINGER, City Clerk
(SEAL)
Nov. 4, 2025
Item #3 Page 6 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA
PO Box 1488
Rancho Santa Fe, CA 92067
(858) 756-5001
[email protected]
September 09, 2025
To: City of Carlsbad
Attn: Janean Hawney, Purchasing Department
Re: Harding Center Refurbishment – HVAC Installation
Project No. 4708 – PWS26-3897FAC
Bid Opening Date: September 4, 2025
Subject: Bid Protest
Dear Ms. Hawney,
On behalf of GQ Builders, Inc., this letter serves as a formal bid protest concerning the apparent low bidder, Muscle Plumbing, Inc., on the above-referenced project.
1. Failure to List Required C-16 Subcontractor
Under Public Contract Code §4104(a)(1), each bidder must list the name and location of each subcontractor performing work.
The Fire Protection/Fire Sprinkler scope of work falls exclusively under the C-16 Fire Protection Contractor license as defined in Business & Professions Code §7026.12. A contractor must hold this classification to legally perform this work.
Muscle Plumbing, Inc. failed to list a subcontractor holding a valid C-16 license to perform this scope of work. This omission is not clerical; it is a substantive failure to comply with statutory bidding requirements.
Exhibit 2
Nov. 4, 2025
Item #3 Page 7 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA
2. Public Interest and Purpose of Bid Protests
The fundamental purpose of a bid protest under California’s public contracting framework is to safeguard the public interest by ensuring strict compliance with competitive bidding laws and protecting the integrity of the procurement process. A protest is not a vehicle for unsuccessful bidders to obtain access to competitors’ proposals or to seek reversal of an award for the sole purpose of securing the contract for themselves.
Allowing a contractor without a qualified C-16 subcontractor to proceed would:
• Violate state law (B&P §7026.12).
• Jeopardize approvals required by the Deputy Fire Marshal and City Fire Department. • Expose the City to potential claims, project delays, and liability for noncompliance.
By contrast, GQ Builders, Inc. properly listed COSTCO Fire Protection, a duly licensed C-16 contractor with all certifications required to provide documentation to the Deputy Fire Marshal and comply with City standards.
For the reasons stated, Muscle Plumbing, Inc.’s bid should be considered non-responsive under the Public Contract Code and Business & Professions Code.
We appreciate your prompt attention to this matter and await the City’s decision.
Respectfully,
Dmitriy Zagorodniy, CEO
GQ Builders, Inc.
Nov. 4, 2025
Item #3 Page 8 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA Exhibit 3
From: Richard Sherman <[email protected]>
Sent: T
hursday, October 16, 2025 6:26 PM
To: Janean Hawney <jane [email protected]>
Subject:
Re: consultant price fee
Hi Janean,
My apologi
es, Kristina Wall is a family member who transcribed the email for me while I was driving and sent me the message noted below for me to send to you and I forgot to tak e her name off. My mistake.
Sincerely,
Rochelle Sherman
Sent from my iPhone
On Oct 16, 2025, at 5:59 PM, Richard Sherman <[email protected]> wrote:
Sent from my iPhone
Begin forwarded message:
From: Janean Hawney <Jane
[email protected]>
Date: October 16, 2025 at 4:43:40 PM PDT
To: Pro Team Plumbing Sherman <[email protected]> Cc: [email protected]
Subject: RE: consultant price fee
Hi Richard,
Can you please confirm who Kristina Wall <[email protected]> is, see email below? We need to add the protest information to our staff report for council award and to clarification of who she is and how she is related to your company.
Thank you,
Nov. 4, 2025
Item #3 Page 9 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA
Janean Hawney
Contract Administrator
Public Works Branch
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008-7314
www.carlsbadca.gov
442-339-2795| [email protected]
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From: Pro Team Plumbing Sherman <[email protected]> Sent: Wednesday, September 17, 2025 4:05 PM
To: Janean Hawney <[email protected]>
Subject: Fwd: consultant price fee
Sent from my iPhone
Begin forwarded message:
From: Pro Team Plumbing Sherman <[email protected]> Date: September 17, 2025 at 3:02:20 PM PDT
To: Janean Hawney <[email protected]>
Subject: Fwd: consultant price fee
Sent from my iPhone
Begin forwarded message:
From: Kristina Wall <[email protected]>
Date: September 17, 2025 at 2:58:35 PM PDT
To: Pro Team Plumbing Sherman <[email protected]>, [email protected]
Nov. 4, 2025
Item #3 Page 10 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA
To whom it may concern;
ProTeam Plumbing, Inc will be consulted by George Robles with Legion Fire Protection for a total of $242 which is $121/hrs for a total of 2 hours for the Harding Center Refurb-HVAC project.
Should you have any questions or concerns.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
Nov. 4, 2025
Item #3 Page 11 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA Public Works Branch
Contract Administration 1635 Faraday Avenue Carlsbad, CA 92008 September 23, 2025
Via Email to: [email protected]
Mr. Dmitriy Zagorodniy
GQ Builders, Inc.
P.O. Box 1488
Rancho Santa Fe CA, California 92067
Re: Response to Protest for PWS2 6-3897FAC; Harding Center Refurbishment – HVAC Installation; Project No. 4708
The City of Carlsbad received your email dated September 12, 2025, with the attached letter dated September 9, 2025, protesting the City’s intent to award the contract for the Harding Center Refurbishment – HVAC Installation Project to Muscle Plumbing, Inc.
Your protest asserts that Muscle Plumbing, Inc., did not comply with the Business & Professions Code §7026.12 because they did not list a subcontractor with a C -16 Fire Protection Contractor license. Please be assured that it is standard procedure for the City to verify the qualifications of all subcontractors, and this bid was no exception. City staff confirmed that Muscle Plumbing, Inc, will subcontract the fire protection scope of work and that the subcontract value will not exceed one-half of one percent (0.5%) of the total bid price.
Based on this review, the City determined that Muscle Plumbing, Inc., submitted a responsive bid and satisfied all requirements set forth in the bid documents. City staff therefore intends to recommend that the City Council award the contract to Muscle Plumbing, Inc.
We appreciate your participation in the bidding process and value your continued interest in City projects. We look forward to receiving future bids from GQ Builders, Inc.
Sincerely,
Janean Hawney
Contract Administrator
cc: Si Phan, Associate Engineer
Steven Stewart, Municipal Projects Manager
Exhibit 4
Nov. 4, 2025
Item #3 Page 12 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA OAK AV
I-5
HARDING ST
PINE AV
JEFFERSON ST ALLEY
JEFFERSON ST
HOPE AV ALLEY
CARLSBAD VILLAGE DR
PLOTTED BY: Andy Chang PLOT DATE: 6/13/2025 PATH: J:\AC_Customers\Si_Phan\4078_HardingCtr_Refurbishment\4078_HardingCtr_Refurbishment.mxd
PROJECT NAME EXHIBITPROJECT
NUMBER
4708 2
HARDING COMMUNITY CENTER
REFURBISHMENT PROJECT
LOCATION MAP
CARLSBAD
VISTA
SAN MARCOS
ENCINITAS
OCEANSIDE
SITE
VACINITY MAP
3096 HARDING ST
Exhibit 5
Nov. 4, 2025
Item #3 Page 13 of 13
Docusign Envelope ID: F4418D8C-1B08-4CEE-94CF-240FEC8FC6EA