Agenda packet — Costa Mesa City Council, July 19, 2022 (part 2 of 3)

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File #: 22-792 Meeting Date: 7/19/2022
#TE87580B-0 (the “Permit”)(Attachment 4). Vernal pools 5, 6 and 7 are located in the south portion of Fairview Park adjacent to Parsons Field, Waldorf School, and the Estancia High School Stadium (Attachment 5).

On April 16, 2019, the City Council formally approved the acceptance of the California Department of Parks and Recreation grant for the Fairview Park vernal pools restoration (Attachment 6). The grant approval and a budget adjustment recognizing $150,000 in State grant funding and $150,000 in required matching funds by the City allowed the City to appropriate a total of $300,000 to the Fairview Park Vernal Pool and Restoration Project. As part of the grant, the City filed a 20-year deed restriction on the restored parcels.

On October 15, 2019, the City Council awarded a Professional Services Agreement to Glenn Lukos Associates for the Restoration of Fairview Park Vernal Pools 5, 6 and 7 in an amount of $126,046, and authorized a ten (10) percent contingency of $12,600. The Department of U.S. Fish and Wildlife has specifically identified Glenn Lukos Associates, authors of the approved Plan and the authorized agents in the Permit, to conduct the work. Section 21-101, Subsection No. 3 of the Purchasing Policy outlines that, “Ifa contractor develops a particular expertise through demonstrated past performance which has been investigated and determined to be satisfactory in this area of expertise, then such contractor may be awarded a subsequent contract for related work, provided that the Sole Source justification requirements outlined in this Section are satisfied. Such a contractor may be designated as an exclusive contractor if the City would be adversely affected by bringing in another vendor who would be required to meet the expert contractor’s level of expertise and existing knowledge and involvement in a specific project.” Since that time, staff has worked with the Glenn Lukos Associates project team to implement the first phase of the long-term restoration plan, including oversight of site preparation, weed abatement, monitoring, and coordination with the City and U.S.F.W.S.

ANALYSIS:

The scope of the vernal pools restoration project covered by the grant, the Plan, and the Permit includes:
· Removal of non-native plants and turf
· Elimination of irrigation sources that have supported invasive species proliferation in the watershed
· Planting and reestablishment of vernal pool plants
· Installation of a temporary irrigation system specifically to supply water to the installed vernal pool plants
· Restoring of elevation and contours of pools 5 and 6
· Inoculation of fairy shrimp cysts
· Addition of delineation fencing and educational signage in and around vernal pools 5, 6 and 7.

Vernal pool 7 is not named in the title of the June 8, 2018 restoration Plan, because it does not currently exhibit characteristics of a vernal pool. However, the Plan acknowledges that prior to disturbance in the area, Feature 7 and the surrounding watershed may have supported deeper ponding suitable for vernal pool branchiopods, and during wetter-than-average years supported a low density of vernal pool plants. The Plan states that this area should be preserved for its long-term contribution to the Vernal Pool 5 and 6 watershed and the potential recovery of Feature 7; the scope of work for this project thus includes restoration activities for vernal pools 5, 6 and 7. As described in

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of work for this project thus includes restoration activities for vernal pools 5, 6 and 7. As described in the Plan, the vernal pools and associated watersheds comprise a highly unique and sensitive ecosystem that support several sensitive plant species and both the federally endangered San Diego and Riverside Fairy Shrimp.

Project implementation is subject to specific seasonal conditions associated with the presence of fairy shrimp, migratory bird patterns, and dry versus saturated vernal pool conditions. This phase of the project is expected to be performed beginning in fall (September/October) 2022 and continuing until late 2023 or early 2024. Staff will be applying for an extension for both the EWP and the HCF Grant as both expire in the spring of 2023. Subsequently, the restored area will be subject to a five- year period of maintenance and monitoring to ensure the successful establishment of the restored native plants, as well as the success of providing habitat for the endangered fairy shrimp, which occupy the vernal pools.

Approval of the amendment will advance the City’sstated efforts to protect and preserve the sensitive and regulated species within Fairview Park as is outlined in the Fairview Park Master Plan.

Importantly, key phases of the project will rely on support from community volunteers and our non- profit partners including Fairview Park Alliance (FPA), which has partnered with the City on Fairview Park restoration efforts during recent years. As part of this contract, Glenn Lukos Associates also provides training and oversight to the City and community volunteers during restoration events. In addition to providing expertise in plant identification and habitat restoration techniques, Glenn Lukos Associates will continue to work with the City and FPA to support this important community engagement opportunity. The City and FPA have partnered in hosting 2nd Saturday Restoration days at Fairview Park to encourage residents to experience nature in a hands-on setting, to actively participate in restoring their local natural environment, and to serve as stewards of Fairview Park.

Glenn Lukos Associates is uniquely qualified to perform the work for this project due to its depth of expertise and experience in successfully performing vernal pools habitat management and restoration services for the City, and specific permits that authorize project personnel to perform the required work. In addition to supporting the City for this particular project, Glenn Lukos Associates is also expected to be a resource for identifying potential restoration opportunities, mitigation needs of other parties in the region, and connecting the City to prospective funding sources that may be available to support future restoration efforts.

ALTERNATIVES:

The City may elect not to authorize execution of the amendment. However, staff does not recommend this option due to the requirement to implement the U.S. Fish and Wildlife Service approved restoration plan. In addition, if the City fails to complete the grant project, the City will be required to return the State grant funding awarded for the project.

FISCAL REVIEW:

On April 16, 2019, the City Council previously approved a budget adjustment recognizing $150,000 in State grant funds and the required match of $150,000 from the Capital Improvement Fund towards the Fairview Park Vernal Pools Restoration Project, for a total project budget of $300,000. To date, $138,646 of the total project funds have been committed towards the first phase of the project; the remaining $161,354 of the project balance, which has been carried forward to FY 22-23, is allocated

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remaining $161,354 of the project balance, which has been carried forward to FY 22-23, is allocated to fund the remaining portions of the project including this amendment. Should the entire contingency be spent, $2,247 will be available from the FY 22-23 Fairview Park operating budget.

LEGAL REVIEW:

The City Attorney has reviewed and approved this report and will prepare Amendment No. 1 to the Professional Services Agreement and approve it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Advance Environmental Sustainability and Climate Resiliency CONCLUSION:

Staff recommends the City Council:

1. Authorize the City Manager and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with Glenn Lukos Associates, Inc. increasing the total compensation by $148,731.00 for vernal pools restoration and biological monitoring services for the Vernal Pools 5, 6 and 7 Restoration Project at Fairview Park, in a form to be approved by the City Attorney.

2. Authorize a ten (10) percent contingency, if needed, in the amount of $14,870.00.

3. Authorize the City Manager and the City Clerk to execute Amendment No. 1 and future amendments to the agreement within City Council authorized limits.

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RESOLUTION NO. 17-52

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE

HABITAT CONSERVATION FUND PROGRAM

THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF Program, setting up necessary procedures governing project application under the HCF Program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of Costa Mesa hereby:

SECTION 1. APPROVES: the filing of an application for the Habitat Conservation Fund Program; and certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the required match and sufficient funds to complete the project; and certifies that the applicant has or will have sufficient funds to operate and maintain the project(s), and certifies that the Resolution No. 17-52 Page 1 of 3
ATTACHMENT 1
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applicant has reviewed, understands, and agrees to the provisions contained in the contract shown in the grant administration guide; and delegates the authority to the Public Services Director to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project, and agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

SECTION 2. The City Clerk shall certify to the passage and adoption hereof.

PASSED AND ADOPTED this 1Stday c
ATTEST:

ILALBrendaGreen; City Clerk
APPROVED AS TO FORM:

Thomas Duarte ity Attorney
Resolution No. 17- 52 Page 2 of 3
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )
I, Brenda Green, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 17-52 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15tday of August, 2017, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS: MANSOOR, STEPHENS, GENIS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: RIGHEIMER
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2ndday of August, 2017.

J Yr Q
BRENDA GREE4, CITY CLERK
Resolution No. 17- 52 Page 3 of 3
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%,
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Legend
%, Signage Locations Fence
Existing Fencing
New Exclusion Fencing
Site Access
Telephone Pole Indentation (209 ft)
Stockpile/Staging Area
Watershed Breaks
Non-Native Vegetation to be Removed (0.08 ac)
Foot Path Restoration (0.062 ac)
Turf Removal and CSS Establishment (0.65 ac)
Vernal Pool
Vernal Pool Six Reestablishment Area (0.01 ac)
Native Grassland Establishment (2.97 ac)
±
0 75 15037.5
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VP 5
VP 6
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ature 7
X:\0363-THE REST\0493-06MANA\493-6_GIS\493-6SurveyAreaMapWorking.mxd

FAIRVIEW PARK RESTORATION PROJECT
Restoration/Planting Plan
Fairview Park
Vernal Pools 5, 6, & 7 Restoration Plan
ATTACHMENT 5
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ATTACHMENT 6
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-786 Meeting Date: 7/19/2022
TITLE:

ACCEPTANCE OF THE DOWNTOWN AQUATIC CENTER POOL REPLASTER PROJECT, CITY PROJECT NO. 21-08
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by California Waters Development, Inc., 23311 E. La Palma Avenue, Yorba Linda, CA 92887, for the Downtown Aquatic Center Pool Replaster Project, City Project No. 21-08, and authorize the City Clerk to file the Notice of Completion.

2. Authorize the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond, if appropriate, at the conclusion of the one -year warranty period.

BACKGROUND:

On December 7, 2021, a construction contract in the amount of $281,340 was awarded to California Waters Development, Inc. The awarded project involved removing all the old finish materials of the Downtown Aquatic Center (DAC) swimming pool including plaster, tile, and pool appurtenances. The pool was fully repaired, including the refurbishment of the rusted rebar and inner concrete surfaces of the pool and refinishing the pool with new plaster and tile. The project includes upgrades to the handrail escutcheons, drain inlets, drain returns, pool lights, and a new ADA pool lift as part of the pool replaster improvement project.

ANALYSIS:

The work required by the contract documents was completed on June 3, 2022 to the satisfaction of the City Engineer. The final contract cost amounted to $288,992.52. A report of the final costs is included as Attachment 1.

A summary of the costs is as follows:

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File #: 22-786 Meeting Date: 7/19/2022
Original Contract Amount: $281,340.00
Contract Change Order No. 1 $ 10,000.00
Final Quantity Adjustments: ($ 2,347.48)
Final Contract Cost: $288,992.52
During construction, it was determined that existing metal inserts around the perimeter of the pool had not been properly bonded during the original pool construction. To properly bond the metal inserts and complete construction of the pool in compliance with the latest applicable codes and standards, Contract Change Order No. 1 was processed within the overall project contingency limits.

As of this date, there are no Stop Notices filed against the monies due to California Waters Development, Inc.

BEFORE AFTER
ALTERNATIVES:

This item is administrative in nature and there are no alternatives to be considered.

FISCAL REVIEW:

The project was funded from the appropriated Capital Improvement Project (CIP) Budget and Building Modification Project funding.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report and approves it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the public’s safety and improve the quality of life CONCLUSION:

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Staff recommends the City Council:

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ATTACHMENT 1

COST SUMMARY
PAYMENT TO: PAYMENT TO: CALIFORNIA WATERS
23311 E. LA PALMA AVE. YORBA LINDA, CA 92887
PROJECT: DOWNTOWN AQUATIC CENTER POOL RE-PLASTERING PROJECT CITY PROJECT 21-08

ITEM UNIT PREVIOUS AMOUNT TOTAL CONTRACT

NO PRICE AMOUNT THIS EST TO DATE PRICE
1 1 LS MOBILIZATION $46,640.00 100.00 % 0.00 % 100.00 % $46,640.00 $0.00 $46,640.00 $46,640.00 2 1 LS DRAIN EXISTING POOL $1,688.00 100.00 % 0.00 % 100.00 % $1,688.00 $0.00 $1,688.00 $1,688.00 3 1 LS DISCONNECT EXISTING EQUIPMENT $388.00 100.00 % 0.00 % 100.00 % $388.00 $0.00 $388.00 $388.00 4 4,600 SF REMOVE EXISTING POOL PLASTER, JOINT SEALANTS, AND DAMAGED TILE $10.96 4,600.00 SF 0.00 SF 4,600.00 SF $50,416.00 $0.00 $50,416.00 $50,416.00 5 2,000 SF REMOVE RUSTED SECTIONS OF CONCRETE POOL $5.29 2,000.00 SF 0.00 SF 2,000.00 SF $10,580.00 $0.00 $10,580.00 $10,580.00 6 100 LF REPAIR, AND/OR REPLACE REBAR $65.88 100.00 LF 0.00 LF 100.00 LF $6,588.00 $0.00 $6,588.00 $6,588.00 7 2,000 SF REPLACE CONCRETE POOL SECTIONS $2.89 2,000.00 SF 0.00 SF 2,000.00 SF $5,780.00 $0.00 $5,780.00 $5,780.00 8 900 SF REPLACE TILE $90.04 900.00 SF 0.00 SF 900.00 SF $81,036.00 $0.00 $81,036.00 $81,036.00 9 1 LS RE-PLASTER POOL $36,100.00 100.00 % 0.00 % 100.00 % $36,100.00 $0.00 $36,100.00 $36,100.00 10 1 LS POOL SYSTEM REFILL/START-UP $8,388.00 100.00 % 0.00 % 100.00 % $8,388.00 $0.00 $8,388.00 $8,388.00 11 1 LS REMOVE/INSTALL NEW ADA LIFT $8,288.00 100.00 % 0.00 % 100.00 % $8,288.00 $0.00 $8,288.00 $8,288.00 12 1 LS PERMITS AND INSPECTIONS $4,948.00 100.00 % 0.00 % 100.00 % $4,948.00 $0.00 $4,948.00 $4,948.00 13 1 FA
REVISED ALLOWANCE REMAINING=
CCO#1 + ORIG. ALLOWANCE - ALLOWANCES=
$30,500 - ALLOWANCE AUTHORIZATIONS=
$2,347.48 0.00 FA 0.00 FA 0.00 FA $0.00 $0.00 $0.00 $2,347.48

13.1 1 LS AA 13.1 - REPLACE ESCUTCHEONS $2,102.18 100.00 % 0.00 % 100.00 % $2,102.18 $0.00 $2,102.18 $2,102.18

13.2 1 LS AA 13.2 - REPLACE FLOOR INLET RETURNS $3,685.00 100.00 % 0.00 % 100.00 % $3,685.00 $0.00 $3,685.00 $3,685.00

13.3 1 LS AA 13.3 - REPLACE MAIN DRAIN COVERS $1,337.34 100.00 % 0.00 % 100.00 % $1,337.34 $0.00 $1,337.34 $1,337.34

13.4 1 LS AA 13.4 - REPLACE LIGHTS $9,072.00 100.00 % 0.00 % 100.00 % $9,072.00 $0.00 $9,072.00 $9,072.00

13.5 1 LS AA 13.5 - BONDING & ANCHORS $11,956.00 100.00 % 0.00 % 100.00 % $11,956.00 $0.00 $11,956.00 $11,956.00 BID TOTAL: $288,992.52 $0.00 $288,992.52 $291,340.00

BID QUANTITY DESCRIPTION PREVIOUS QUANTITY TOTAL QUANTITY

QUANTITY THIS ESTIMATE TO DATE
ATTACHMENT 1
307
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-793 Meeting Date: 7/19/2022
TITLE:

ACCEPTANCE OF THE CITYWIDE STREET REHABILITATION PROJECT - MAINTENANCE ZONES 6 AND 7, CITY PROJECT NO. 20-18
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by R.J. Noble Company, Inc. (“R.J. Noble”), for the Citywide Street Rehabilitation Project - Maintenance Zones 6 and 7, City Project No. 20-18, and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

On October 20, 2020, the City Council awarded a construction contract to R.J. Noble for the Citywide Street Rehabilitation Project - Maintenance Zones 6 and 7.

The City conducts an annual capital improvement program repairing, improving, and installing existing and new asphalt concrete pavement. The scope of work for the Citywide Street Rehabilitation Project (“Project”) consists of general asphalt concrete rehabilitation, needed replacement of crushed miscellaneous base, grind & overlay, and any additional work needed to complete the Project in accordance with the project specifications.

In addition, certain concrete improvements, such as sidewalks and driveways, located along the City’s streets required repair due to age, soil conditions, and water intrusion.

The street rehabilitation improvements are citywide, but the project focused on Maintenance Zones 6 and 7, which comprise of the City’sWestside neighborhoods, south of West 19th Street and west of Newport Boulevard (Attachment 1).

In addition, Bristol Street from Randolph Avenue to northbound Newport Boulevard was newly striped

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File #: 22-793 Meeting Date: 7/19/2022
In addition, Bristol Street from Randolph Avenue to northbound Newport Boulevard was newly striped and marked according to the City’sActive Transportation Plan (ATP) with new bicycle facilities, green conflict zones, and K71 bollards.

ANALYSIS:

The work required by the contract documents was completed on June 1, 2022 to the satisfaction of the City Engineer. The final contract cost amounted to $2,543,339.23. A report of the final costs is included as Attachment 2.

A summary of the costs is as follows:

Original Contract Amount: $2,624,860.00
Final Quantity and Unit Cost Adjustments: ($ 81,520.77) Final Contract Cost: $2,543,339.23
The final contract cost reflects a 3.1% decrease to the final contract amount due to quantity adjustments.

As of this date, there are no Stop Notices filed against the monies due to R.J. Noble.

West 16th Street Bristol Street
ALTERNATIVES:

This item is administrative in nature, and there are no alternatives to be considered.

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File #: 22-793 Meeting Date: 7/19/2022
FISCAL REVIEW:

The project was completed from available Measure “M2” Fairshare Fund and Gas Tax Fund.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report and approves it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This project supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends the City Council:

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ATTACHMENT 2
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ATTACHMENT 1
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ATTACHMENT 2
ATTACHMENT 1
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ATTACHMENT 2
ATTACHMENT 1
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PAGE: 1 OF 2
FOR PAYMENT ON THE WARRANT LIST OF 7/1/22 DATE: 06/21/22 11TH (FINAL) Payment to: R.J. NOBLE COMPANY
P.O. Box 620 Orange, CA 92856
PERIOD: 4/1/22 - 4/29/22
PROJECT: CITYWIDE STREET REHABILITATION PROJECT (ZONES 6 and 7) City Project No. 20-18

ITEM BID UNIT PREVIOUS QUANTITY TOTAL QUANTITY PREVIOUS AMOUNT TOTAL CONTRACT

NO QUANTITY DESCRIPTION PRICE QUANTITY THIS ESTIMATE TO DATE AMOUNT THIS EST TO DATE PRICE 1 1 LS Mobilization $120,000.00 100.00 % 0.00 % 100.00 % $120,000.00 $0.00 $120,000.00 $120,000.00 2 1 FA Additional Work Items $100,000.00 0.00 FA 0.00 FA 0.00 FA $0.00 $0.00 $0.00 $100,000.00

2.01 1 LS Time & Material (Removed additional 5" of subgrade on Oahu Pl and Baker St) - COR-02 $5,591.29 100.00 % 0.00 % 100.00 % $5,591.29 $0.00 $5,591.29 -

2.02 1 LS Time & Material (Post "No Parking" signs throughout various digout locations) - COR-03 $1,488.56 100.00 % 0.00 % 100.00 % $1,488.56 $0.00 $1,488.56 -

2.03 1 LS Time & Material (Grind areas throughout various digout locations at Wakeforest Rd and Columbia Ave) - COR-04 $35,502.85 100.00 % 0.00 % 100.00 % $35,502.85 $0.00 $35,502.85 -

2.04 1 LS Time & Material (Pave 2" depth throughout various digout locations at Wakeforest Rd and Columbia Ave) - COR-05 $11,839.32 100.00 % 0.00 % 100.00 % $11,839.32 $0.00 $11,839.32 -

2.05 1 LS Time & Material (Grind areas throughout various digout locations at Whittier Ave, 18th St, Villanova Rd, Notre Dame Rd, Wallace Ave, Newton Way) - COR-06
$36,574.10 100.00 % 0.00 % 100.00 % $36,574.10 $0.00 $36,574.10 -

2.06 1 LS Time & Material (Pave 2" depth throughout various digout locations at Whittier Ave, 18th St, Villanova Rd, Notre Dame Rd, Wallace Ave, Newton Way) - COR-07
$10,857.09 100.00 % 0.00 % 100.00 % $10,857.09 $0.00 $10,857.09 -

2.07 1 LS Bristol St & Newport Blvd (S/B): Traffic Conduit & Pullbox Replacement, and Video Detection Installation-COR-01 $80,000.00 100.00 % 0.00 % 100.00 % $80,000.00 $0.00 $80,000.00 -

2.08 1 LS Bristol St Conduit Installation, pull wires, and Replace concrete sw- COR-11 $13,500.00 100.00 % 0.00 % 100.00 % $13,500.00 $0.00 $13,500.00 -

2.09 1 LS Bristol St & Newport Blvd (S/B): Pothole for Additional Utilities - COR-12 & COR-13 $21,486.34 100.00 % 0.00 % 100.00 % $21,486.34 $0.00 $21,486.34 -

2.10 1 LS Warren Ave, Viola Pl, and Meyer Pl : AC reconstruction (6" depth) and install subgrade fabric - COR-8 $64,769.00 100.00 % 0.00 % 100.00 % $64,769.00 $0.00 $64,769.00 -

2.11 1 LS Redwood Ave and Sandalwood St : header cut and 2" overlay, 6" depth digouts w/ subgrade mirafi fabric - COR-10.1 $152,885.50 100.00 % 0.00 % 100.00 % $152,885.50 $0.00 $152,885.50 -

2.12 1 LS Bristol St: Traffic Striping, Marking, Green Thermo, & K-71 Bollards Installation - COR-15.0 $69,161.97 100.00 % 0.00 % 100.00 % $69,161.97 $0.00 $69,161.97 -

2.13 1 LS Bristol St: Additional Re-Striping - COR-16.0 $1,500.21 100.00 % 0.00 % 100.00 % $1,500.21 $0.00 $1,500.21 -

2.14 1 LS Bristol St: R&R PCC concrete for Pullbox Conduit $1,679.55 100.00 % 0.00 % 100.00 % $1,679.55 $0.00 $1,679.55 -

2.15 1 LS Bristol St: R&R ADA Ramps $46,598.56 0.00 % 100.00 % 100.00 % $0.00 $46,598.56 $46,598.56 -

2.16 1 LS Furnish K71 Bollards $4,935.00 0.00 % 100.00 % 100.00 % $0.00 $4,935.00 $4,935.00 -

CITY OF COSTA MESA
ATTACHMENT 1
ATTACHMENT 2
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PAGE: 2 OF 2
FOR PAYMENT ON THE WARRANT LIST OF 7/1/22 DATE: 06/21/22 11TH (FINAL) Payment to: R.J. NOBLE COMPANY
P.O. Box 620 Orange, CA 92856
PERIOD: 4/1/22 - 4/29/22
PROJECT: CITYWIDE STREET REHABILITATION PROJECT (ZONES 6 and 7) City Project No. 20-18

ITEM BID UNIT PREVIOUS QUANTITY TOTAL QUANTITY PREVIOUS AMOUNT TOTAL CONTRACT

NO QUANTITY DESCRIPTION PRICE QUANTITY THIS ESTIMATE TO DATE AMOUNT THIS EST TO DATE PRICE

CITY OF COSTA MESA
3 3,500 TON Remove & Reconstruct Asphalt Concrete (A.C.) 4-inch Minimum Depth, including Excavation $100.00 3,189.56 TON 0.00 TON 3,189.56 TON $318,956.00 $0.00 $318,956.00 $350,000.00 4 1,200 TON Type "B" Asphalt Concrete (A.C.) Base Course (Paving Machine) $68.00 0.00 TON 0.00 TON 0.00 TON $0.00 $0.00 $0.00 $81,600.00 5 1,800 TON Type "D" Asphalt Concrete (A.C.) Leveling Course (Paving Machine) $78.00 2,105.02 TON 0.00 TON 2,105.02 TON $164,191.56 $0.00 $164,191.56 $140,400.00 6 1,200 TON Type "C" Asphalt Concrete (A.C.) Overlay (Paving Machine) - Surface Course with FORTA-FIÂ® Fiber-Reinforced Asphalt Cement Concrete or Approved Equal
$83.00 985.50 TON 0.00 TON 985.50 TON $81,796.50 $0.00 $81,796.50 $99,600.00 7 7,200 TON Type "C" Asphalt Concrete (A.C.) Overlay (Paving Machine) - Surface Course $72.00 5,360.70 TON 0.00 TON 5,360.70 TON $385,970.40 $0.00 $385,970.40 $518,400.00 8 22,000 S.F. Install "MirafiÂ® 600X" Subgrade Fabric or Approved Equal $0.20 10,230.00 S.F. 0.00 S.F. 10,230.00 S.F. $2,046.00 $0.00 $2,046.00 $4,400.00 9 50,000 S.F. Install "PETROMATÂ®" Fabric or Approved Equal $0.12 72,000.00 S.F. 0.00 S.F. 72,000.00 S.F. $8,640.00 $0.00 $8,640.00 $6,000.00 10 6,100 TON Asphalt Rubber Hot Mix (ARHM) Surface Course $83.00 3,230.86 TON 0.00 TON 3,230.86 TON $268,161.38 $0.00 $268,161.38 $506,300.00 11 12 EA Remove Existing and Reconstruct ADA Curb Ramps with Truncated Domes per Caltrans Std. Plan A88A $7,700.00 2.00 EA 0.00 EA 2.00 EA $15,400.00 $0.00 $15,400.00 $92,400.00 12 2,100 S.F. Remove & Reconstruct Concrete Sidewalk [4-inch Concrete over 4- inch Crushed Miscellaneous Base (C.M.B.)] $17.00 3,853.50 S.F. 0.00 S.F. 3,853.50 S.F. $65,509.50 $0.00 $65,509.50 $35,700.00 13 350
L.F. Remove Existing and Reconstruct C-6 Curb & Gutter over 6" Crushed Miscellaneous Base (CMB) with 3" Asphalt Concrete (A.C.) Slot Pave
$98.00 992.00 L.F. 0.00 L.F. 992.00 L.F. $97,216.00 $0.00 $97,216.00 $34,300.00 14 350
L.F. Remove Existing and Reconstruct C-8 Curb & Gutter over 6" Crushed Miscellaneous Base (CMB) with 3" Asphalt Concrete (A.C.) Slot Pave
$103.00 418.00 L.F. 0.00 L.F. 418.00 L.F. $43,054.00 $0.00 $43,054.00 $36,050.00 15 1,600 S.F. Remove & Reconstruct P.C.C. Cross-Gutter, Spandrel, Local Depression, and P.C.C. Pad $28.00 1,370.50 S.F. 0.00 S.F. 1,370.50 S.F. $38,374.00 $0.00 $38,374.00 $44,800.00 16 500 S.F. Remove Existing and Reconstruct P.C.C. Driveway Approach $22.00 648.00 S.F. 0.00 S.F. 648.00 S.F. $14,256.00 $0.00 $14,256.00 $11,000.00 17 130 LF Paint Curb Existing Color $2.00 0.00 LF 130.00 LF 130.00 LF $0.00 $260.00 $260.00 $260.00 18 1 LS Install Lane Markings, Striping Pavement Legends, and Raised Pavement Markers (RPM) $60,000.00 100.00 % 0.00 % 100.00 % $60,000.00 $0.00 $60,000.00 $60,000.00 19 50 EA Install Blue Raised Pavement Markers (BRPM) $25.00 50.00 EA 0.00 EA 50.00 EA $1,250.00 $0.00 $1,250.00 $1,250.00 20 15 EA Adjust and Reset Existing Survey Monuments and Ties per California Licensed Land Surveyor $1,150.00 19.00 EA 0.00 EA 19.00 EA $21,850.00 $0.00 $21,850.00 $17,250.00 21 95 EA Adjust Manhole Covers to Grade $700.00 75.00 EA 0.00 EA 75.00 EA $52,500.00 $0.00 $52,500.00 $66,500.00 22 145 EA Adjust Water Valves to Grade $700.00 118.00 EA 0.00 EA 118.00 EA $82,600.00 $0.00 $82,600.00 $101,500.00 23 730,000 S.F. Cold Mill 2" minimum depth $0.15 482,617.00 S.F. 0.00 S.F. 482,617.00 S.F. $72,392.55 $0.00 $72,392.55 $109,500.00 24 1 LS Temporary Traffic Control $40,000.00 100.00 % 0.00 % 100.00 % $40,000.00 $0.00 $40,000.00 $40,000.00 25 50 EA Install Type "D" Traffic Signal Loops $275.00 30.00 EA 0.00 EA 30.00 EA $8,250.00 $0.00 $8,250.00 $13,750.00 26 90 EA Install Type "E" Traffic Signal Loops $250.00 60.00 EA 0.00 EA 60.00 EA $15,000.00 $0.00 $15,000.00 $22,500.00 27 300 LF Root Prune and Install Root Barrier $38.00 192.00 LF 0.00 LF 192.00 LF $7,296.00 $0.00 $7,296.00 $11,400.00 $2,491,545.67 $51,793.56 $2,543,339.23 $2,624,860.00TOTAL ORIGINAL CONTRACT ATTACHMENT 1
ATTACHMENT 2
317
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-794 Meeting Date: 7/19/2022
TITLE:

POLICE DEPARTMENT RANGE REMODEL AND UPGRADES PROJECT,
CITY PROJECT NO. 22-03
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Police Department Range Remodel and Upgrades Project, City Project No. 22-03.

2. Accept the bid withdrawal of SS+K Construction, Inc., 21437 Rios Street, Woodland Hills, CA 91367.

3. Reject the bid submitted by AG Construction, Inc., 18960 Ventura Boulevard, Suite 211, Tarzana, CA 91356 as non-responsive.

4. Reject the bid submitted by Newman Midland Corporation, 1355 Redondo Avenue, Suite 12, Long Beach, CA 90804 as non-responsive.

5. Award a Public Works Agreement (PWA) to Kazoni Construction, Inc., 150 Paularino Avenue, Costa Mesa, CA 92626 in the amount of $1,931,077.

6. Authorize an additional ten percent (10%) contingency in the amount of $193,108 as needed for any unforeseen costs related to this project.

7. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.

8. Approve Amendment No. 2 to Gillis & Panichapan Architects (GPa) in order to authorize an additional $89,000 for construction administration staff support for the Police Department Range Remodel and Upgrades Project.

9. Authorize the City Manager and City Clerk to execute Amendment No. 2 to the original Professional Services Agreement (PSA) for GPa and future amendments to the PSA within Council authorized limits.

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File #: 22-794 Meeting Date: 7/19/2022

10. Authorize the appropriation of $248,550 from the Capital Improvement Fund (401) Fund Balance for the Police Department Range Remodel and Upgrades Project.

BACKGROUND:

The Police Department range is a training facility designed for law enforcement officers to train in marksmanship, tactics, communication, and on-field strategy. It is located in the basement of the Costa Mesa Police Department. The range is required to ensure Peace Officer Standards and Training (POST) mandates and quarterly police training requirements are met. However, the existing range is in poor condition with obsolete and inoperable equipment. The refurbished range allows the Police Department to meet mandates in the most effective and efficient manner, without jeopardizing training standards or requiring police staff to travel off-site to other range locations outside its facilities.

The scope of the project is to improve the lighting, replace antiquated equipment, improve the protective baffling and sound proofing, address the range's electrical controls, repair the heating and ventilation, and improve the existing inadequate ammunition storage facility.

Furthermore, accessibility issues will be addressed in the officers’ locker room facilities and necessary upgrades will be made in order to meet current building code requirements. In addition, the existing substandard elevator will be replaced as part of meeting the accessibility requirements.

Police Department Range (Current Condition)
ANALYSIS:

The scope of work generally consists of upgrading the existing police range, upgrading targeting systems, soundproofing, safety baffles, camera installations, and replacing exhaust and air supply systems per design plans and specifications. As part of the range upgrades, there are also accessibility improvements at the basement level in the men’s and women’s locker rooms, specifically for the restroom and shower facilities. The existing elevator is currently not functioning to

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File #: 22-794 Meeting Date: 7/19/2022
specifically for the restroom and shower facilities. The existing elevator is currently not functioning to its full capacity and will be replaced with a new lift-style elevator.

The bid opening was conducted on June 13, 2022, and the City Clerk received and opened eight (8) bids for this project. The results of this bid opening is summarized in the attached bid abstract (Attachment 1).

After the bid opening, staff received a bid withdrawal request from SS+K Construction, Inc. (Attachment 2) and bid protest letters from Newman Midland Corporation; Kazoni Construction, Inc.; and All About Cabinets, Inc. dba Home Masters International. These bid protest letters are included in Attachment 3.

The bid protest letters were reviewed by staff and the City Attorney’soffice. Staff officially responded to these bid protest letters and sent this response by certified mail on July 1, 2022. The bid protests and corresponding responses are included in Attachment 4.

The following are staff’sdeterminations with respect to the bid withdrawal of SS+K Construction, Inc.; and determinations with respect to bid rejections of AG Construction, Inc. and Newman Midland Corporation; and the award to Kazoni Construction, Inc.

Bid Withdrawal of Apparent Low Bidder, SS+K Construction, Inc.:

SS+K Construction, Inc. was the apparent low bidder with a bid proposal of $1,527,000. After the bid opening, SS+K Construction, Inc. submitted a letter withdrawing its bid based on mistakes, omissions, and clerical errors. Per California Public Contract Code (PCC), Section 5103, a bidder may withdraw if a mistake was made and a written notice to the agency is made within five (5) working days. Staff confirms that SS+K Construction’swritten request to withdraw its bid was made on June 13, 2022, which is clearly within the five working days, as shown in Attachment 2. Therefore, staff recommends that City Council accept SS+K Construction’s request to withdraw its bid.

Bid Rejection of Apparent Second Low Bidder, AG Construction, Inc.:

AG Construction is the apparent second low bidder with a base bid proposal of $1,805,495. Staff has determined that AG Construction’s bid proposal is non-responsive for not complying with the Equivalent Materials and pre-bid substitution request procedures detailed in the “Information for Bidders” portion of the project’s bid documents and specifications. Staff notified AG Construction and explained the City’s determination of non-responsiveness in Attachment 4.

Based on this, staff has determined that AG Construction’s bid does not conform to the terms of the bid package and is therefore, disqualified as non-responsive. Therefore, staff recommends that the City Council reject AG Construction’s bid as non-responsive.

Staff notified AG Construction, Inc., the City’s determination that its bid was non-responsive on July 1, 2022 (Attachment 4).

Bid Rejection of Apparent Third Low Bidder, Newman Midland Corporation:

Newman Midland Corporation (Newman Midland) is the apparent third low bidder with a base bid

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File #: 22-794 Meeting Date: 7/19/2022
proposal of $1,848,130. Staff has determined that Newman Midland’s bid proposal is non-responsive for not complying with the Equivalent Materials and pre-bid substitution request procedures detailed in the “Information for Bidders” portion of the project’s bid documents and specifications. Staff notified Newman Midland and explained the City’s determination of non-responsiveness in Attachment 4.

Based on this, staff has determined that Newman Midland’s bid does not conform to the terms of the bid package and is therefore, disqualified as non-responsive. Therefore, staff recommends that the City Council reject Newman Midland’s bid as non-responsive.

Staff notified Newman Midland the City’s determination that its bid was non-responsive on July 1, 2022 (Attachment 4).

Selection of Actual Lowest Responsible Bidder, Kazoni Construction, Inc.:

Although ranked as the apparent fourth low bidder with a bid proposal of $1,931,077, Kazoni Construction, Inc. (Kazoni) is the actual lowest responsible bidder based on its submittal of a complete and responsive bid proposal.

Staff has determined that Kazoni complied with the procedures and requirements outlined in the project’s bid documents and specifications.

The license and references of Kazoni have been checked and staff has found them to be in good standing.

Upon City Council award of the PWA, Kazoni will furnish the necessary bonds and insurance, which will be approved as to form by Risk Management. After the award and subsequent execution of the agreement, a “Notice to Proceed” will be issued.

Staff requests that City Council award the project to Kazoni Construction, Inc. as the lowest responsible bidder.

A copy of specifications and working details are available for review in the Office of the City Clerk or in the Public Works Department, and are posted on the City’s website at:
https://www.costamesaca.gov/city-hall/city-departments/public-works/capital-improvement-projects Additionally, staff requests that City Council approve Amendment No. 2 to Gillis & Panichapan Architects (GPa) an additional $89,000 for construction administration staff support.

Given the complexities of this project, staff is requesting that GPa be retained to provide needed support to staff during the course of construction administration. GPa is the prime architect who designed the police range remodel with a team of consultants who are qualified to assist staff in answering questions and providing guidance throughout construction.

GPa’s proposal for construction administration is included in Attachment 5.

ALTERNATIVES:

The alternative would be to reject all bids, re-advertise, and re-bid the project. Staff has determined that re-advertising and re-bidding this project will result in significant delays and will not necessarily

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that re-advertising and re-bidding this project will result in significant delays and will not necessarily result in lower bids.

FISCAL REVIEW:

The Police Department Range Remodel and Upgrades Project is included in the Fiscal Year 2021-22 and 2022-23 Capital Improvement Program. Staff requests a budget adjustment, authorizing the use of Fund Balance in the Capital Improvement Fund (401) in the amount of $248,550 and appropriate said funds to the Police Department Range Remodel and Upgrades Project to meet project funding needs including contingency.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report and approves it as to form. The PWA for Kazoni Construction, Inc. and Amendment No. 2 to GPa will be drafted by the City Attorney’s office.

CITY COUNCIL GOALS AND PRIORITIES:

This project supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Police Department Range Remodel and Upgrades Project, City Project No. 22-03.

2. Accept the bid withdrawal of SS+K Construction, Inc., 21437 Rios Street, Woodland Hills, CA 91367.

3. Reject the bid submitted by AG Construction, Inc., 18960 Ventura Boulevard, Suite 211, Tarzana, CA 91356 as non-responsive.

4. Reject the bid submitted by Newman Midland Corporation, 1355 Redondo Avenue, Suite 12, Long Beach, CA 90804 as non-responsive.

5. Award a Public Works Agreement (PWA) to Kazoni Construction, Inc., 150 Paularino Avenue, Costa Mesa, CA 92626 in the amount of $1,931,077.

6. Authorize an additional ten percent (10%) contingency in the amount of $193,108 as needed for any unforeseen costs related to this project.

7. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.

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File #: 22-794 Meeting Date: 7/19/2022

10. Authorize the appropriation of $248,550 from the Capital Improvement Fund (401) Fund Balance for the Police Department Range Remodel and Upgrades Project.

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323
City

1. SS&K *
(Bid Withdrawn) Mission Viejo

2. AG Construction **
(Non-responsive) Tarzana

3. Newman Midland Corp **
(Non-responsive) Long Beach

4. Kazoni Construction, Inc. Costa Mesa

5. All about Cabinets
dba Home Masters Intl. Ontario

6. Dalke & Sons Construction Riverside

7. TDV Innovations North Hollywood

8. Nationwide Contracting Fountain Valley
* SS+K Construction, Inc. withdrew its bid and is not evaluated as part of the calculated average bid amount.

AVERAGE BID:

RESPONSIBLE LOW BIDDER:

BY:
$2,670,000.00
$1,931,077.00
Kazoni Construction, Inc.
** Non-responsive bids were not evaluated as part of the calculated average bid amount. $1,527,000.00
$1,805,495.00
$2,374,000.00
BID OPENING RESULTS: JUNE 13, 2022

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT
CITY PROJECT NO. 22-03

POLICE DEPARTMENT RANGE REMODEL AND UPGRADES PROJECT
Bidder Total Base Bid
$2,201,104.60
$1,848,130.00
$1,931,077.00
$2,032,680.00
$1,997,766.00
PAGE 1 OF 1
ATTACHMENT 1
324

SS+K Construction, Inc
21437 Rios St
Woodland Hills, CA, 91367
Phone 571.234.7495
License # 1035146
Monday, June 13, 2022
To: City of Costa Mesa
Mr. Bobby Fouladi

Project Name: COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADES

RE: Notice of Clerical Error in Bid & Request for Withdrawal

Good Afternoon Mr. Fouladi,

Please allow this letter to serve as a formal request to withdrawal our Bid for the COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADES PROJECT (22-03) due to a clerical error.

The bid opening for this project took place at City of Costa Mesa Orange County, California, on June 13, 2022 at 1:00pm.

At bid opening, SSK was apparent low bidder. However, after reviewing our bid, we found a mistake due to a cler ical error in our estimates for the demolition work involved in the project that would increase our estimated costs by at least $100,000.

For the reasons listed above and per Public Contract Code Section 5103 , SS+K Construction requests that the City o f Costa Mesa, deem SS +K Construction nonresponsive, and withdraw our bid for the COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADES PROJECT (22-03).

We regret any inconvenience this may cause.

Please call me if you have any questions or concerns.

Best,
Sia Khadem
Estimator
(818) 401-5303

below.

Sincerely,

ATTACHMENT 2
325
1 FOULADI, BOBBY
From: Adam Nasry <[email protected]>
Sent: Thursday, June 16, 2022 5:05 PM
To: FOULADI, BOBBY
Cc: Bill Hadd
Subject: Re- Indoor Range Upgrades at Costa Mesa Police Department Dear Mr. Fouldi,
Pursuant to our phone discussion today, I would like to protest potential award of the contract for the above reference project to AG Construction due to their failure to list structural steel and fire sprinklers subcontractors. Both trades require a specialty license which AG Construction do not possess. Public contract code requires listing of subcontractors performing half of one percent of the bid amount. Clearly, AG Construction is in violation of that requirement. Therefore we believe our company is the lowest responsive bidder.

I would also like to clarify and confirm the following items in our bid proposal for the above referenced project:

1. Our company will self-perform the demolition. Therefore, we do not need to list a demolition contractor.

2. There is no need to list an abatement contractor either since: (a) The contract documents do not contain a hazmat survey so it is unknow during bid time whether any disturbed material is hazardous or not, and (b) The contract documents require us to test the floor tile and roof mastic for hazardous material, which we have included an allowance in our bid for that purpose, and (c) The contract documents states that bullet trap at end of the range may "possibly" release lead dust when removed, and requires the workers to were personal protective devices and use HEPA vacuums if the trap granular material were disturbed, and does not require a specialty contractor to do any abatement.

3. Although the General Conditions, Article SP-05-Section B- Sub Section 17 on SP-16 indicates that substitution requests need to be submitted prior to bid opening date, it also indicates that later substitution maybe accepted if City finds it to be in its best interest.

4. 4. Our bid was based on "Symmetry" LU/LA elevator, which we believe is superior in quality and performance to the specified "Garavanta" elevator. As in article 3 above, the advantage to the City is the higher quality (stainless steel cab construction vs plastic laminate) and the considerable cost saving which was accounted for in our bid amount.

5. 5. Similarly, our bid was based on "Welkin" overhead baffle and "Stryker" turning target as provided by "Spire Ranges" as comparable systems to the "Action Target" products specified. As in article 3 above, the advantage to the City is the considerable cost saving which was accounted for in our bid amount. We were informed by "Spire Ranges" that they were an approved vendor to the City. I do ATTACHMENT 3
1 326
2 encourage the City to verify other bidders' inclusions for range equipment, which I am certain that you will find "Spire Ranges" to be their answer.

6. In the spirit of cooperation, our company is willing to provide the specified "Garavanta" elevator at no extra cost to the City if the contract was awarded to our company along with the City approval of "Spire Ranges" products as an acceptable equal.

Please consider the above items in your review and evaluation of the bids received, and advise us of the City's decision at the earliest time possible.

Sincerely,
Adam Nasry, Sr. PM
NEWMAN MIDLAND CORP.

6. 7.

8. 6.

6. 7.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.

ATTACHMENT 3
2 327
1 FOULADI, BOBBY
From: Keith Kulpinski <[email protected]>
Sent: Thursday, June 16, 2022 4:19 PM
To: FOULADI, BOBBY
Cc: April Kulpinski
Subject: Fwd: Kazoni's Protest of AG Construction and Newman Midland Corp. [24855] Attachments: Kazoni Bid Protest-Costa Mesa Police Dept..pdf Hi Bobby,
I am forwarding you copy for your files.

Thank you,
Keith Kulpinski
150 PAULARINO AVE., SUITE D160
COSTA MESA, CA 92626
PHONE: (714) 882-1088
DIRECT: (714) 393-9724
FAX: (714) 882-1024
[email protected]
http://www.kazoniconstruction.com
Begin forwarded message:

From: "Angelica J. Regis" <[email protected]>
Subject: Kazoni's Protest of AG Construction and Newman Midland Corp. [24855] Date: June 16, 2022 at 4:10:10 PM PDT
To: "[email protected]" <[email protected]> Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Colin McCarthy <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "Lauren B. Stec" <lbstec@lanak- hanna.com>
RE: Kazoni's Protest of AG Construction and Newman Midland Corp.

Project: Costa Mesa Police Department Indoor Range Upgrades Project Our Matter No. 24855
Dear Mr. Sethuraman,
Please find attached letter regarding the above-referenced matter, per Atty. Lauren B. Stec’s request.

Thank you for your time.

Respectfully,
ATTACHMENT 3
3 328
2 ANGELICA J. REGIS
Litigation Assistant
Direct 714.408.7219 | Main 714.620.2350 | Fax 714.703.1610 625 THE CITY DRIVE S., STE. 190, ORANGE, CA 92868
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
lanak-hanna.com
ATTACHMENT 3
4 329
Joseph M. Hanna (retired)

Lauren B. Stec
Attorney at Law
[email protected]

{2617 24855}
625 The City Drive South, Suite 190, Orange, CA 92868 P 714-620-2350 F 714-703-1610

June 16, 2022

VIA E-MAIL AND OVERNIGHT MAIL
Raja Sethuraman
Public Services Director
City of Costa Mesa
77 Fair Dr.

Costa Mesa, CA 92626
[email protected]

RE: KAZONI’S PROTEST OF AG CONSTRUCTION AND NEWMAN MIDLAND CORP.

Project: Costa Mesa Police Department Indoor Range Upgrades Project

Dear Mr. Sethuraman,
We represent Kazoni, Inc. dba Kazoni Construction (“Kazoni”) with regards to its bid on the City of Costa Mesa (the “City”) Police Department Indoor Range Upgrades Project (“Project”). As you know, the first lowest bidder, SS+K Construction withdrew its bid. This letter serves as Kazon i’s formal protest against the second lowest bidder, AG Construction , and the third lowest bidder, Newman Midland Corp.’s (“Newman”) bid s. This bid protest is in compliance with the City’s Protest Instructions set forth in the Invitation for Bid. AG Construction and Newman’s bids on the Project are non-responsive and thus must be rejected, as addressed in detail below. Kazoni requests that the District reject AG Construction and Newman’s Bids and award the Project to Kazoni as the lowest responsive and responsible bidder.

I. AG CONSTRUCTION AND NEWMAN’S BIDS ARE NON-RESPONSIVE.

AG Construction and Newman’s bids are nonresponsive because (1) AG Construction and Newman failed to complete the Designation for Subcontractors Form, (2) AG Construction and New man violated the Subcontractor Listing Laws, and ( 3) AG Construction and Newman failed to list an elevator subcontractor to install the specified electric lift by Garaventa Lift pursuant to Section 14 2102 of the Specifications. AG Construction and Newman’ s non-responsive bids should be rejected by the City because AG Construction and Newman’s have gained an advantage by failing to include the type of work and percentage of work to be performed by their subcontractors, and failing to bid the specified electric lift manufactured by Garaventa Lift.

A basic rule of competitive bidding is that bids must conform to specifications, and that if a bid does not so conform, it may not be accepted. A truly nonresponsive bid may be summarily denied by a public entity even if the bid is otherwise monetarily the best for the entity. Great West Contractors,

File No. 24855
ATTACHMENT 3
5 330
June 16, 2022

Page 2 ends

{2617 24855}
Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1428. A bid is responsive if it promises to do what the bidding instructions demand. Taylor Bus Service , Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341. Usually, whether a bid is responsive can be determined from the face of the bid without outside investigation or information. Id. at 1342 . The test for responsiveness focuses on the four corners of the bid documents and does not consider information or details outside of the bid and bid documents. Great West Contractors, Inc. , supra, 187 Cal.App.4th 1425, 1428. When evaluating a bid, a public entity must follow the requirements of the Public Contract Code and any additional requirements it mandates in the bid documents . Poza v. Department of Transp. (1983) 145 Cal.App.3d 269 (emphasis added). A public entity may only waive minor or inconsequential irregularities in a bid, and bids that differ materially from the bid specifications must be rejected. Ghilotti Construction Co. v. Richmond (1996) 45 Cal. App. 4th. 897, 904.

Typically, the material terms of a bid, which are not waivable, are those that affect price, quantity, quality, or delivery, along with those terms that the bid package clearly identifies as mandatory. Konica Business Machines v. Regents of the University of California (1988) 206 Cal.App.3d 449, 454-455. A bid. also fails to com ply materially with the bid package if it gives the bidder an unfair competitive advantage over other bidders. Ghilotti Construction Co. , supra, 45 Cal. App. 4th. at 904. Unfair advantages include those errors and omissions which would allow a contractor t o withdraw its bid.

Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1442. Finally, deviations that could be a vehicle for favoritism, influence potential bidders to refrain from bidding, or affect the ability of the party receiving the bids to make bid comparisons are material deviations that may not be waived. Konica Business Machines, supra, 206 Cal.App.3d at 455. This remains true even if there is no actual evidence of favoritism or other improprieties. Id.

II. AG CONSTRUCTION’S BID SHOULD BE REJECTED AS NON-RESPONSIVE.

AG Construction’s bid should be deemed non-responsive by the City because it failed to complete the Designation for Subcontractors Form, violated the Subcontractor Listing Laws under Public Contract Code section 4104, and failed to list a subcontractor to install the specified electric lift by Garaventa Lift pursuant to Section 14 2102 of the Specifications in its bids. A true and correct copy of AG Construction’s Bid is attached hereto as Exhibit A.

A. AG Construction’s Bid is Non-Responsive on its Face Because it Failed to Complete the Designation for Subcontractors Form.

The Designation for Subcontractors Form provides:

In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of b usiness of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (½) of one percent (1%) of the prime contractor's total bid or in the case of bids for the ATTACHMENT 3
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construction of streets or highways, including bridges, in excess of one- half (½) of one percent (1%) of the prime contractor’s total bid or ten thousand ($10,000) dollars, whichever is greater. Bidder shall further set forth t he portion of the work which will be done by each such subcontractor with its Department of Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be listed.

The Designation for Subcontractors Form, above the tab le to list the subcontractors, also states “All information must be filled out and typed . Please use additional pages in this format if needed. ” The table provides that the bidder must include for each subcontractor listed the Bid Item(s) Number, % Portion of Work, Name, Address, and Email of Subcontractor, State License Number, Class, and DIR Registration Number.

Here, AG Construction’s bid is non-responsive on its face because the Designation for Subcontractors Form is not complete. See Taylor Bus Service, Inc., supra, 195 Cal.App.3d at 1341. AG Construction’s Form fails to include the following required information:
• AG Construction’s bid fails to include Bid Item(s) Number for Johnson Control; • AG Construction’s bid fails to include the % Portion of Work for Johnson Control; • AG Construction’s bid fails to include the Johnson Control’s Address; • AG Construction’s bid fails to include Johnson Control’s email; • AG Construction’s bid fails to include Johnson Control’s class; • AG Construction’s bid fails to include Bid Item(s) Number for Diamondcrete; • AG Construction’s bid fails to include the % Portion of Work for Diamondcrete; • AG Construction’s bid fails to include the Diamondcrete’s Address; • AG Construction’s bid fails to include Diamondcrete’s email; • AG Construction’s bid fails to include Diamondcrete’s class; • AG Construction’s bid fails to include Bid Item(s) Number for Continental Tile and Marble; • AG Construction’s bid fails to include the % Portion of Work for Continental Tile and Marble; • AG Construction’s bid fails to include the Continental Tile and Marble’s Address; • AG Construction’s bid fails to include Continental Tile and Marble’s email; • AG Construction’s bid fails to include Continental Tile and Marble’s class; • AG Construction’s bid fails to include Bid Item(s) Number for URE Inc.; • AG Construction’s bid fails to include the % Portion of Work for URE Inc.; • AG Construction’s bid fails to include the URE Inc.’s Address; • AG Construction’s bid fails to include URE Inc.’s email; • AG Construction’s bid fails to include URE Inc.’s class; • AG Construction’s bid fails to include Bid Item(s) Number for Arrow Lift of CA; • AG Construction’s bid fails to include the % Portion of Work for Arrow Lift of CA; • AG Construction’s bid fails to include the Arrow Lift of CA’s Address; • AG Construction’s bid fails to include Arrow Lift of CA’s email; • AG Construction’s bid fails to include Arrow Lift of CA’s class; ATTACHMENT 3
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• AG Construction’s bid fails to include Bid Item(s) Number for Allison Mechanical; • AG Construction’s bid fails to include the % Portion of Work for Allison Mechanical; • AG Construction’s bid fails to include the Allison Mechanical’s Address; • AG Construction’s bid fails to include Allison Mechanical’s email; • AG Construction’s bid fails to include Allison Mechanical’s class; • AG Construction’s bid fails to include Bid Item(s) Number for Delta Environmental; • AG Construction’s bid fails to include the % Portion of Work for Delta Environmental; • AG Construction’s bid fails to include the Delta Environmental’s Address; • AG Construction’s bid fails to include Delta Environmental’s email; • AG Construction’s bid fails to include Delta Environmental’s class; • AG Construction’s bid fails to include Bid Item(s) Number for Amtek Construction; • AG Construction’s bid fails to include the % Portion of Work for Amtek Construction; • AG Construction’s bid fails to include the Amtek Construction’s Address; • AG Construction’s bid fails to include Amtek Construction’s email; • AG Construction’s bid fails to include Amtek Construction’s class; This information for its subcontractors was required to be listed as specifically provided in the bid documents. AG Constructions failure to complete the Designation for Subcontractors Form is a material deviation and deems it bid non-responsive.

In addition to failing to list the information required by the Designation for Subcontractors Form for each subcontractor, AG Construction also failed to type the information as required. Although this may seem like an inconsequential deviation, i t made determining which subcontractors AG Construction listed almost impossible. Amtek Construction looks like Amlex Construction. Amtek Construction’s license number is 490382 but the was it is listed on the Form as 490302. The fact is that AG Construction failed to type the information for the Designation for Subcontractors Form and deviated from the bid instructions.

Therefore, AG Construction’s Bid is non-responsive because it fails to conform to the Specifications of the Invitation for Bid.

B. AG Construction’s Bid Must Be Rejected Because it Violates the Subcontractor Listing Laws.

AG Construction’s failure to list its subcontractors’ scope of work, percentage of work, and address violate the subcontractor listing laws. The purpose of the subcontr actor listing law specifically addresses the concerns raised by AG Construction’s subcontractor list. Public Contract Code section 4101 identifies the problem the Legislature was concerned with, as follows:

The Legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration, and repair of public improvements often result in poor quality of material and workmanship to the detriment of the public, deprive the public of the full benefits of fair competition among prime contractors and subcontractors, and ATTACHMENT 3
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lead to insolvencies, loss of wages to employees, and other evils.

The subcontractor listing law was passed in response to these concerns.

Public Contract Code section 4104 provides and requires:

Any officer, department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received for the doing of the work incident to the public work or improvement that any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth:
(a) (1) The name, the location of the place of business , the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. (2) An inadvertent error in listing the California contractor license number or public works contractor registration number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid non-responsive if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor. (3) (A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name, location of business, the California contractor license number, and the public works contractor registration number, may be submitted by the prime contractor up to 24 hours after the deadline established by the of ficer, department, board, or commission for receipt of bids by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its option. (b) The portion of the work that will be done by each subcontractor under this act.

The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid. (Emphasis added).

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“Bid shopping occurs where the general contractor uses the lowest bid received to pressure other subcontractors to submit ev en lower bids. The Act requires bidders for public contracts to list the names of all subcontractors who will perform work in an amount in excess of one-half of 1 percent of the prime contractor's bid. Pub. Contract Code, §4104, subd. (a). The bidder must also set forth: ‘The portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.’ (Pub. Contract Code, § 4104, subd. (b).)” MCM Const., Inc. v. City & County of San Francisco (1998) 66 Cal.App.4 th 359, 368 -69 citing Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1438.

Here, Public Contract Code Section 4101(a)(1) states that the bidder must list the address for each of its subcontractors. In direct violation of the Subcontractor Listing Laws, AG Construction failed to include the address of all of its listed subcontractors.

Furthermore, the Public Contract Code Section 4101(b) states that the bidder must include the portion of work to be performed by each subcontractor. AG Construction fails to list both the bid item and the percentage of work to be performed by each subcont ractor. AG Construction’s failure to list the bid item or percentage of work encourages bid shopping by AG Construction to try to find another subcontractor to perform the work for cheaper. AG Construction is able to bid shop because it hasn’t listed the bid items or percentages, locking the subcontractor into the designated work.

Thus, the City must reject AG Construction’s bid for violating the Subcontractor Listing Laws.

C. AG Constructions Bid is Non-Responsive Because the Elevator Subcontractor it Listed, Arrow Lift, Does Not Install the Electric Lift Provided for in the Specifications, Garaventa Lift.

Lastly, AG Construction’s bid must be deemed non -responsive because it fails to list an elevator subcontractor that installed the electric lift provided for in the specifications, Garaventa Lift. The Electric Lift is provided for in Section 14 2101. Part 2 of Section 14 2102 provides:

PART 2 PRODUCTS

2.01 SYSTEMS
A. Manufacturers:

1. Garaventa Lift, www.garaventalift.com.

2. Substitutions: Previously Reviewed and Approved Equals will be Accepted.

A true and correct copy of Section 14 2101, Electric Lift Specification is attached hereto as Exhibit B.

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AG Construction’s Bid listed Arrow Lift as a subcontractor, presumably to perform the elevator work, although not clear since AG Construction failed to list the scope of work each subcontractor was to perform. Arrow Lift only installs electric lifts manufactured by Symmetry, not Garaventa Lift. Kazoni knows this because it received a bid from Arrow Lift but the manufacturer of the electrical lift was Symmetry, which does not meet the requirements for the specifications. Arrow Lift explained to Kazoni that it only installs Symmetry electrical lifts, not Garaventa Lift electrical lifts.

The Specifications do provide that previously reviewed and approved eq uals will be accepted; however, the City did not notify Kazoni that any equals had been reviewed or approved. AG Construction’s failure to list a subcontractor that installs Garaventa Lift electrical lifts fails to meet the Specifications, and therefore is non-responsive.

This deviation from the bid documents cannot be waived because it provided AG Construction with a material advantage. Specifically, the electrical lift manufactured by Symmetry only cost $89,500.00.

Comparatively, the electrical lift provided for in the specifications , which are manufactured by Garaventa Lift, are $196,933.00. Therefore, by ignoring the specifications and required manufacturer of the electrical lift, AG Construction gained a $107,000 advantage. This doesn’t even include the usual markup by general contractors, would add another $10,000 to $15,000. This is clearly a material advantage that the City cannot waive.

Therefore, AG Construction’s Bid must be rejected because it is non-responsive for failure to complete the Designat ion for Subcontractors Form, violated the Subcontractor Listing Laws under Public Contract Code section 4104 , and failed list a subcontractor to install the specified electric lift by Garaventa Lift pursuant to Section 14 2102 of the Specifications in their bids.

III. NEWMAN’S BID SHOULD BE REJECTED AS NON-RESPONSIVE.

Newmans’ bid should also be deemed non -responsive by the City because it failed to complete the Designation for Subcontractors Form, violated the Subcontractor Listing Laws under Public Contract Code section 4104, and failed list a subcontractor to install the specified electric lift by Garaventa Lift pursuant to Section 14 2102 of the Specifications in their bids. A true and correct copy of Newman’s Bid is attached hereto as Exhibit C.

A. Newman’s Bid is Non -Responsive on its Face Because it Failed to Complete the Designation for Subcontractors Form.

Newman’s bid is non-responsive on its face because the Designation for Subcontractors Form is not complete. See Taylor Bus Service, Inc. , supra, 195 C al.App.3d at 1341. Newman’s Form fails to include the following required information:
• AG Construction’s bid fails to include the % Portion of Work for PMK Professional, Inc.; • AG Construction’s bid fails to include the % Portion of Work for Arrow Lift of CA; • AG Construction’s bid fails to include the % Portion of Work for RDM Millwork and Cabinets; • AG Construction’s bid fails to include the % Portion of Work for Gillardo Contractors, Inc; ATTACHMENT 3
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• AG Construction’s bid fails to include the % Portion of Work for Tec ta America Southern California, Inc.;
• AG Construction’s bid fails to include the % Portion of Work for Rod Construction; • AG Construction’s bid fails to include the % Portion of Work for United Riggers & Erectors, Inc.;
• AG Construction’s bid fails to include the % Portion of Work for Cosco Fire Protection, Inc.; • AG Construction’s bid fails to include the % Portion of Work for Inland Pacific Coatings, Inc.; • AG Construction’s bid fails to include the % Portion of Work for Enterprise Security, Inc.; • AG Construction’s bid fails to include the % Portion of Work for South Coast Mechanical LLC.

The percentage portion of work was required to be completed pursuant to the instructions on the Designation of Subcontractors Form. The Form specifically provides “all information must be filled out.” The City cannot waive a requirement that it created within the bid documents. Therefore, Newman’s Bid is non-responsive because it fails to conform to the Specifications of the Invitation for Bid.

B. Newman’s Bid Must Be Rejected Be cause it Violates the Subcontractor Listing Laws
Newman’s bid must also be rejected because its failure to list its subcontractors’ percentage of work violates the subcontractor listing laws. The purpose of the subcontractor listing law specifically addresses the concerns raised by Newman’s subcontractor list.

Public Contract Code Section 4101(b) states that the bidder must include the portion of work to be performed by each subcontractor. This includes the type of work and the percentage of work. Newman failed to list the percentage of work to be performed by each subcontractor. Newman’s failure to list the percentage of work to be performed by each contractor encourages bid shopping by Newman to try to find another subcontractor to perform a portion of the work for cheaper. For example, Newman lists Gallardo Contractors Inc. for the concrete portion of work. However, Newman does not list the percentage of concrete work Gallardo Contractors Inc. will be performing. Without a percentage listed, Newman is left with the ability go to bid shopping to find a concrete contractor to perform some portion of Gallardo Contractors Inc.’s work for less, ie. bid shopping.

Furthermore, the court in MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 3 74-377, found that a bidder’s failure to list the percentage or price of each subcontractors work constitutes material advantage. In MCM Construction, Inc. , the bid documents and city regulations applicable to a city project required that bidders provide the value of certain designated subcontractor’s work. The Court held that a bidder’s failure to include that information for some of the subcontractors was a material deviation . The Court noted that a number of cases determined that a contractor obtained a competitive advantage over other bidders where a contractor’s error on a bid could result in a contractor withdrawing its bid pursuant Public Contract Code section 5103, which was interpreted to permit the withdrawal of a bid arising from typog raphical or arithmetical errors. Id. at 376-377. The Court concluded, “the failure to state a dollar amount of work ATTACHMENT 3
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to be performed by seven of nine subcontractors i s ‘in the nature of a typographical or arithmetical error.’ As such, MCM could have sought relief under the statute and had an advantage not available to other bidders.” Id. at 377.

Here, Newman failed to include the percentage of each subcontractor’s work. Like the contractor in MCM Const., Inc ., because Newman could have sought relief under Public Contract Code section 5103 for failing to include those values, Newman “had an advantage not available to other bidders.” MCM Const., Inc, supra, Cal.App.4th at 377. As a result, Newman’s bid was non-responsive from the face of the bid. See Taylor Bus Service, Inc., supra, 195 Cal.App.3d at 1341.

C. Newman’s Bid is Non -Responsive Because the Elevator Subcontractor it Listed, Arrow Lift, Does Not Install the Electric Lift Provided for in the Specifications, Garaventa Lift.

Finally, just like AG Construction’s bid, Newman’s bid must also be deemed non-responsive because it also failed to list an elevator subcontractor that installed the electric lift provided for in the specifications, Garaventa Lift.

Newman’s Bid also listed Arrow Lift as the elevator subcontractor. As discussed above, Arrow Lift only installs electric lifts manufactured by Symmetry, not Garaventa Lift as required by the specifications. This deviation from the bid documents cannot be waived because it provided Newman with a $107,000 material advantage. Even more significant than the advantage provided to AG Construction, here, the bid spread between Kazoni and Newman is less than $100,000, and thus, less than the electrical lift cost.

Therefore, Newman’s Bid must be rejected because it is non -responsive for failure to complete the Designation for Subcontractors Form, violated the Subcontractor Listing Laws under Public Contract Code section 4104, and failed list a subcontractor to install the specified electric lift by Garaventa Lift pursuant to Section 14 2102 of the Specifications in their bids.

IV. CONCLUSION
AG Construction and Newman’s bids failed to comply with the requirements of the bid documents.

The failures of AG Construction and Newman to comply with the bid requirement , as identified in detail above, constitute material deviations from the Invitation for Bid . These failures provide AG Construction and Newman with an unfair competitive advantage. As a result of AG Construction and Newman’s bids being non -responsive, Kazoni requests the City reject AG Construction and Newman’s bids and award the Project to Kazoni as the lowest responsive and responsible bidder.

Kazoni is appreciative of the time the City has spent on this matter and hopes for a quick resolution.

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Sincerely,

LAUREN B. STEC
Attorney at Law for the Firm
Enclosures

cc: Via email only

Alon Gamliel
AG Construction
[email protected]

Adam Nasry
Newman Midland Corp.
estimating @newmanmisland.com

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EXHIBIT B
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14 2101 - 1 ELECTRIC LIFT
SECTION 14 2101

ELECTRIC LIFT
PART 1 GENERAL

1.01 SECTION INCLUDES
A. Design/Build system for an Electric/Hydraulic Lift: Limited Use, Limited Application.

B. Deferred Review and Approval by Building Department and Structural Engineer of Record.

C. Deferred Review and Approval and Certification by State Governing Authorities.

1.02 REFERENCE STANDARDS
A. ASME A17.1/CSA B-44. Section 5.2 LU/LA Elevators. ADA (Americans with Disabilites Act)

1.03 ADMINISTRATIVE REQUIREMENTS
A. Coordination:

1. Coordinate with existing Conditions including electrical and mechanical.

2. Coordinate with existing Built conditions.

3. Coordinate with required clearances.

4. Coordinate with Structural modifications as shown on the Drawings.

5. Coordinate with State and Local regulations.

B. Deferred Approvals:

1. Contractor to Submit Shop Drawings, etc. for Building Department and Structural Engineer of Record Review and Approval.

2. Contractor to Submit Electrical/Power requirements for coordination with existing Building power supply. Electrical Engineer of Record shall review the information.

1.04 SUBMITTALS
A. Product Data: Approvals and Warranties.

B. Shop Drawings: Indicate vertical and horizontal clearances and existing conditions.

C. Erection Drawings: Indicate required clearances and method of installation (including access through building).

D. Manufacturer's Instructions: Indicate installation process.

E. Installer's qualification statement.

F. Testing agency's qualification statement.

G. Executed warranty.

1.05 QUALITY ASSURANCE
A. Manufacturer Qualifications: Company specializing in manufacturing products specified in this section, with at least three years of documented experience.

B. Installer Qualifications: Company specializing in performing work of the type specified and with at least three years of documented experience.

1.06 FIELD CONDITIONS
A. Existing Conditions: Review existing site and utilities.

1.07 WARRANTY
A. Manufacturer Warranty: Provide standard two (2) year manufacturer warranty for lift and support equipment. Complete forms in Owner's name and register with manufacturer. Start of warranty to be at Substantial Completion.

PART 2 PRODUCTS

2.01 SYSTEMS
A. Manufacturers:

1. Garaventa Lift, www.garaventalift.com.

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14 2101 - 2 ELECTRIC LIFT

2. Substitutions: Previously Reviewed and Approved Equals will be Accepted..

B. Design Criteria:

1. Design based on Garaventa Style 1 (one exit/entry).

2. Three (3) stop (Basement, 1st Floor, 2nd Floor)
C. Operation:

1. Power Supply:
a. Elevator: Standard 208 VAC three Phase, (option 230 VAC single phase) b. Lighting: 120 VAC single phase, 15 amps.
c. Coordinate with existing Lift power.
d. Provide and install new Disconnect at Lift Mechanical Room. e. Provide and Install new computerized (PLC) controller with Emergency Backup power system.

D. Finish:

1. Wall Finishes: Laminate Plastic (selected during Construction from standard options)

2. Wall Trim Finishes: Stainless Steel

3. Floor Finish:

2.02 OPTIONS
A. Integrated hands free telephone and Phone Monitoring.

B. Accessible/ADA braille markings. Car direction lantern with audio and visual signals.

C. Safety Devices: Full height photo-electric door sensors D. Emergency battery lowering system. Emergency manual lowering valve. Safety brake system automatic bi-directional floor levelling. Stop keyswitch and alarm button in car. Final limit switch. overspeed valve. Pit Prop.

PART 3 EXECUTION

3.01 INSTALLATION
A. Install in accordance with manufacturer's written instructions.

3.02 SYSTEM STARTUP
A. Manufacturer Services: Provide services of manufacturer's field representative to perform systems startup.

B. Prepare and start equipment and systems in accordance with manufacturers' instructions and recommendations.

3.03 CLEANING
A. Clean all surfaces prior to Final closeout.

3.04 CLOSEOUT ACTIVITIES
A. Demonstrate proper operation of equipment to Owner's designated representative.

B. Approvals: Provide documentation indicating approvals as required by State and Local governing jurisdictions.

C. Training: Train Owner's personnel on operation and maintenance of system.

1. Training Reference: Operation and maintenance manual and additional training materials as required.

2. Provide minimum of One hour of training.

3.05 PROTECTION
A. Protect installed Elevator from subsequent construction operations.

END OF SECTION
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21 0500 - 1 COMMON WORK RESULTS

FOR FIRE

SUPPRESSION-MODIFICATION
S
SECTION 21 0500

COMMON WORK RESULTS FOR FIRE SUPPRESSION-MODIFICATIONS
PART 1 GENERAL

1.01 SECTION INCLUDES
A. Design/Build general scope of work for Proposed modifications to Existing Fire Sprinkler System.

B. Deferred Fire Department/Bldg Department Submittal and Approval requirements.

C. Pipe, fittings, sleeves, escutcheons, seals, and connections for sprinkler systems.

D. Pipe hangers and supports.

E. Pipe sleeves.

F. New Seismic bracing at existing and new areas of remodel (~ 2,000 s.f.)

1.02 REFERENCE STANDARDS
A. ASTM C592 - Standard Specification for Mineral Fiber Blanket Insulation and Blanket-Type Pipe Insulation (Metal-Mesh Covered) (Industrial Type); 2016.

B. ASTM E814 - Standard Test Method for Fire Tests of Penetration Firestop Systems; 2013a (Reapproved 2017).

C. FM (AG) - FM Approval Guide; current edition.

D. ITS (DIR) - Directory of Listed Products; current edition.

E. NFPA 13 - Standard for the Installation of Sprinkler Systems; Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements.

F. NFPA 14 - Standard for the Installation of Standpipe and Hose Systems; 2016.

G. UL (DIR) - Online Certifications Directory; Current Edition.

1.03 SUBMITTALS
A. Provide and submit complete Design/Build submittal package to Design Team prior to formal submittal to local governing authority. Design Team will quickly review for general conformance with design intent.

B. Product Data: Provide manufacturer's catalog information.

C. Shop Drawings: Indicate pipe materials used, jointing methods, supports, and floor and wall penetration seals. Indicate installation, layout, weights, mounting and support details, and piping connections.

D. Plans: Provide Plans showing existing system (as needed for modification to the existing system). A CAD Drawing file will be available with the Floor Plan for Contractors Use. All existing conditions will require verification.

E. Project Record Documents: Record actual locations of all components.

F. Operation and Maintenance Data: Include installation instructions and spare parts lists.

1.04 QUALITY ASSURANCE
A. Manufacturer Qualifications: Company specializing in manufacturing the Products specified in this section with minimum three years documented experience.

B. Installer Qualifications: Company specializing in performing work of the type specified in this section.

1. Minimum three years experience.

C. Conform to FM (AG), UL (DIR), and ITS (DIR) or Warnock Hersey requirements.

D. Valves: Bear FM (AG), UL (DIR), and ITS (DIR) or Warnock Hersey product listing label or marking. Provide manufacturer's name and pressure rating marked on valve body.

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21 0500 - 2 COMMON WORK RESULTS

FOR FIRE

SUPPRESSION-MODIFICATION
S
E. Products Requiring Electrical Connection: Listed and classified as suitable for the purpose specified and indicated.

F. Clean equipment, pipes, valves, and fittings of grease, metal cuttings, and sludge that may have accumulated from the installation and testing of the system.

1.05 DESIGN/BUILD SCOPE OF WORK
A. The sprinkler system design shall be reviewed and approved by authorities having jurisdiction.

B. Sprinkler Occupancy Hazard Classifictation: Light Hazard (unless more stringent percentage is required by local governing jurisdiction).

C. Maximum Protection Area per Sprinkler: Per UL listing.

D. Seismic Performance: Sprinkler piping shall withstand the effects of earthquake motions determined according to NFPA 13 and ASCE/SEI 7 and local governing jurisdictions.

E. Shop Drawings: For wet-pipe sprinkler systems. Including plans, elevations, sections, details, and attachments to other work.

1. Wiring Diagrams: for power, signal and control wiring

2. Coordination Drawings: Sprinkler systems, drawn to scale, on which the following items are shown and coordinated with each other, using input from installers of the items involved:
a. Domestic water piping
b. HVAC ducting and piping
c. Light fixtures
d. Existing and New structural components to remain
e. Pistol Range Ceiling Baffle System
F. General Sprinkler Head design:

1. Sprinkler Head manufacturer: Subject to compliance with requirements, provide products by one of the following: AFAC Inc., Globe Fire Sprinkler Corporation, Reliable Automatic Sprinkler Co., Inc., Tyco Fire & Building Products LP, Venus Fire Protection, Victaulic Company, Viking Corporation.

2. Sprinkler Head/Escutcheons Finish: match existing system.

3. At all new/remodeled Areas: At exposed ceilings (hard-lid and acoustical ceiling panels) provide semi recessed heads.

4. At Shooting Range: provide exposed heads with wire cages. See Drawings for suggested partially protected layout behind Baffle system.

1.06 DELIVERY, STORAGE, AND HANDLING
A. Deliver and store valves in shipping containers, with labeling in place.

B. Provide temporary protective coating on cast iron and steel valves.

C. Provide temporary end caps and closures on piping and fittings. Maintain in place until installation.

1.07 WARRANTY
A. Correct defective Work within a one year period after Date of Substantial Completion.

PART 2 PRODUCTS

2.01 FIRE PROTECTION SYSTEMS
A. Sprinkler Systems: Comply with NFPA 13.

B. Welding Materials and Procedures: Comply with ASME BPVC-IX.

2.02 PIPE SLEEVES
A. Plastic, Sheet Metal, or Moisture-Resistant Fiber: Pipe passing through interior walls, partitions, and floors, unless steel or brass sleeves are specified below.

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Indoor Range Upgrades Project

04.12.2022.
21 0500 - 3 COMMON WORK RESULTS

FOR FIRE

SUPPRESSION-MODIFICATION
S

2.03 PIPE HANGERS AND SUPPORTS
A. Hangers for Pipe Sizes 1/2 to 1-1/2 inch (15 to 40 mm): Malleable iron, adjustable swivel, split ring.

B. Hangers for Pipe Sizes 2 inches (50 mm) and Over: Carbon steel, adjustable, clevis.

C. Seismic braces: Carbon steel,adjustable, and/or as needed.

PART 3 EXECUTION

3.01 PREPARATION
A. Ream pipe and tube ends. Remove burrs. Bevel plain end ferrous pipe.

B. Remove scale and foreign material, from inside and outside, before assembly.

C. Prepare piping connections to equipment with flanges or unions.

3.02 INSTALLATION
A. Install sprinkler system and service main piping, hangers, and supports in accordance with NFPA 13.

B. Install standpipe piping, hangers, and supports in accordance with NFPA 14.

C. Route piping in orderly manner, plumb and parallel to building structure. Maintain gradient.

D. Install piping to conserve building space, to not interfere with use of space and other work.

E. Group piping whenever practical at common elevations.

F. Install piping at centers of acoustical ceiling panels (where occurs).

G. Install piping to allow for expansion and contraction without stressing pipe, joints, or connected equipment.

H. Pipe Hangers and Supports:

1. Install hangers to provide minimum 1/2 inch (15 mm) space between finished covering and adjacent work.

2. Place hangers within 12 inches (300 mm) of each horizontal elbow.

3. Use hangers with 1-1/2 inch (40 mm) minimum vertical adjustment. Design hangers for pipe movement without disengagement of supported pipe.

4. Support vertical piping at every other floor. Support riser piping independently of connected horizontal piping.

5. Where several pipes can be installed in parallel and at same elevation, provide multiple or trapeze hangers.

I. Slope piping and arrange systems to drain at low points. Use eccentric reducers to maintain top of pipe level.

J. Prepare pipe, fittings, supports, and accessories for finish painting. Where pipe support members are welded to structural building framing, scrape, brush clean, and apply one coat of zinc-rich primer to welding.

K. Provide sleeves when penetrating walls and partitions. Seal pipe including sleeve penetrations to achieve fire resistance equivalent to fire separation required.

1. Aboveground Piping:
a. Pack solid using mineral fiber complying with ASTM C592. b. Fill space with an elastomer caulk to a depth of 0.50 inch (15 mm) where penetrations occur between conditioned and unconditioned spaces.

2. All Rated Openings: Caulk tight with firestopping material complying with ASTM E814 in accordance with Section 07 8400 to prevent the spread of fire, smoke, and gases.

3. Caulk exterior wall sleeves watertight with lead and oakum or mechanically expandable chloroprene inserts with mastic-sealed components.

L. Manufactured Sleeve-Seal Systems:

ATTACHMENT 3
39 364
4006 / Costa Mesa Police Dept.

Indoor Range Upgrades Project

04.12.2022.
21 0500 - 4 COMMON WORK RESULTS

FOR FIRE

SUPPRESSION-MODIFICATION
S

1. Install manufactured sleeve-seal systems in sleeves located in grade slabs and exterior concrete walls at piping entrances into building.

2. Provide sealing elements of the size, quantity, and type required for the piping and sleeve inner diameter or penetration diameter.

3. Locate piping in center of sleeve or penetration.

4. Install field assembled sleeve-seal system components in annular space between sleeve and piping.

5. Tighten bolting for a watertight seal.

6. Install in accordance with manufacturer's recommendations.

M. Escutcheons:

1. Install and firmly attach escutcheons at piping penetrations into finished spaces.

2. Provide escutcheons on both sides of partitions separating finished areas through which piping passes.

3. Use chrome plated escutcheons in occupied spaces and to conceal openings in construction.

N. When installing more than one piping system material, ensure system components are compatible and joined to ensure the integrity of the system. Provide necessary joining fittings.

Ensure flanges, unions, and couplings for servicing are consistently provided.

3.03 CLEANING
A. Upon completion of work, clean all parts of the installation.

B. Clean equipment, pipes, valves, and fittings of grease, metal cuttings, and sludge that may have accumulated from the installation and testing of the system.

END OF SECTION
ATTACHMENT 3
40 365

EXHIBIT C
ATTACHMENT 3
41 366
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:

SECTION C

PROPOSAL FOR THE

COSTA MESA POLICE DEPARTMENT

INDOOR RANGE UPGRADES PROJECT
CITY PROJECT NO. 22-03
Project and Specification No. 22-03
In compliance with the NOTICE INVITING BIDS FOR THE COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADES PROJECT, CITY PROJECT NO. 22-03, a copy which is hereto attached, the undersigned has carefully examined the location of the proposed Work, the Plans, Specifications and other Contract Documents and is therefore satisfied as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the specifications and the Contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the BIDDER has made such examination.

If awarded the Contract, the undersigned agrees to commence the Work under the Contract WITHIN TEN (10) WORKING DAYS AFTER DATE OF CONTRACT, AND COMPLETE SAID WORK WITHIN ONE-HUNDERED-FORTY (140) WORKING DAYS from the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications, and to perform and complete the Work in accordance with the Specifications and other Contract Documents, and to furnish all labor, materials, tools and equipment necessary to complete the work in-place therefor, in the manner and time herein prescribed at the following prices, to wit:

To minimize impacts on day-to-day operations within the basement level of the building, the Contractor shall arrange for and order all materials for the accessibility upgrades in basement restrooms at the start of construction. As part of the baseline construction schedule, the Contractor shall submit for approval by the City, a separate restroom accessibility upgrade schedule. Once all materials for the restroom accessibility upgrades are on-site the Contractor shall complete construction in the basement restroom facilities WITHIN TWENTY (20) WORKING DAYS per a separate notice to proceed· issued by the City.
p roposal Price Break Down
Description
(A) Price of Project (*)
(B) Allowances(**)
* Price includes the indirect cost and markup.

Price*
$150,000
(A)+ ,s, = Base Bid
** Allowances are identified in Special Provisions SP-06-Allowances. Allowances as set forth in the Contract Documents are to be used as compensation for items as set forth in the Special Provisions. The Allowance amounts are to be included in the total project base bid.

The CITY reserves the right to reject all Bids.

A.--J '
Bidder's Initials
P-1 BID PROPOSAL
1,698,130
1,848,130
ATTACHMENT 3
42 367
Contractor's Lawful Name NEWMAN MIDLAND CORP
Total written amount for Base Bid (using words):

Project and Specification No. 22-03
$ ___________________________ _
Total amount for Base Bid (using numeric format):
$ ____________________________ _
NOTE: A mandatory pre-bid walkthrough of the existing site is required. Bids will not be accepted form any contractor who does not attend the mandatory pre-bid walkthrough.

Bidder's Initials
P-1a BID PROPOSAL
1,848,130.00
one million eight hundred fourty eight thousand one hundred thirty dollars ATTACHMENT 3
43 368
NOTES:

PROPOSAL BID SCHEDULE
(CONTINUED)
Project and Specification No. 22-03

1. The accuracy of estimate quantities as shown is not guaranteed; the Bidder shall make his/her own estimate from the drawings and field review for verification. If the unit price and the total amount are different, the unit price will control the bid. Payment shall be based on actual work done and/or actual quantities used.

2. The City reserves the right to delete one or more bid items and/or to increase or decrease bid items' quantities, at no additional cost to the City.

3. (*) A Schedule of Values shall be submitted for review and approval before 4:00 PM on the 4th business days following the contract award. Business days exclude Saturday, Sunday, and City Holidays. Prices shall include indirect costs and markup. Upon request, the Contractor shall provide additional break down of the schedule of values.

4. (**) Allowance is for unforeseen work not included in the contract documents and to be included in the total bid amount as identified as follows. Use of the allowance will be at the sole discretion of the City and must be authorized in writing at the discretion of the City. This Bid item will cover unforeseen work that is not included in the contract documents. Any money used from the project allowance will be authorized via an Allowance Disbursement Form at the City's sole discretion. Any amount of money remaining in the Allowance line item upon completion of the Project will be deducted from the Contract by Deductive Change Order for the full amount(s) remaining therein. The Contractor has no beneficial interest in, and/or claim to, the Allowances and hereby disclaims any and all such interests.

5. (FA) designates force account. Payment shall be made on a time and materials basis, only if directed by the ENGINEER.

6. (F) Designates Final Pay Item. When an item of work is designated as "FINAL PAY ITEM" in the Specifications, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as "FINAL PAY ITEM" in the Specifications, shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

In case of discrepancy between the quantity shown in the Engineer's Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer's Estimate.

7. Bidder agrees to initial or notarize (if applicable) all pages on P-1, P-1 a, P-1 b, P-2 thru Pj12 and uploaded onto PlanetBids.
./J ., \ Bidder's Initials
P-1b BID PROPOSAL
ATTACHMENT 3
44 369

PROPOSAL SCHEDULE
(CONTINUED)
(Please Type or Print)
Project and Specification No. 22-03
Total Amount for Bid (in written words)---------------- Contractor's Lawful Name:
in fi9.ures NEWMAN MIDLAND CORP --------------------
Bidder's Name: ADAM NASRY Bidder's Initials:--------
Contractor's License No. 757755------- Expiration: 01/31/2023 Contractor's Taxpayer I.D. Number: _3_3_-_08_ 3_9 _7_6_1 ____________ _ 1000004166
Date: 06/13/2022
Contractor's Address: 1355 REDONDO AVE., #12, LONG BEACH, CA 90804 Telephone Number:( 562 ) 494-1773
Fax Number: ( 562 ) 494-1775
24-Hour Emergency Contacts:

ADAM NASRY
Name

BILAL HADDAD
Name

TEAGAN HEIDENRICH
Name
Mobile No.:( 562 ) 254-1901
E-mail: [email protected]
Telephone Number: (562 ) 494-1773
Mobile No.: ( 562 ) 254-1901
Telephone No.: ( 562 ) 494-1773
Mobile No.: (909 ) 660-9851
Telephone No.: ( 562 ) 494-1773
Mobile No.: ( 714 ) 401-5189
11-J.

Bidder's Initials
P-2 PROPOSAL
one million eight hundred fourty eight thousand one hundred thirty dollars 1,848,130.00
ATTACHMENT 3
45 370
Project and Specification No. 22-03

PROPOSAL SCHEDULE
(CONTINUED)
The Contractor agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.

The Contractor agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items or work, not separately provided in the proposal shall be considered included in the price bid for other various items or work.

Accompanying this proposal is "Cash," "Certified Check," orf'Bidder's Bond'j(circle one) in the amount of -----------------------
( $ ) equal to at least ten (10%) percent of the total bid price, payable to the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is deposited in the mail, or the bidder has received notice by telephone, the bidder will furnish proper Certificates of Insurance, and required bonds satisfactory to the City and execute a contract in accordance with the proposal and in the manner and form required by the contract documents.

The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the City of Costa Mesa as Liquidated Damages if the above requirements are not complied with.

Bidder's Initials
P-3 PROPOSAL
184,813
one hundred eigthty four thousand eigtht hundred thirteen dollars ATTACHMENT 3
46 371

NEWMAN MIDLAND CORP
Contractor's Business Name
1355 REDONDO AVE., #12
Business Address: Street
LONG BEACH CA 90804
City State
(562) 494-1773
Business Phone Number
Zip

ADAM NASRY PRESIDENT & SECRETARY
Name

LONG BEACH CA
City State
Title
90804
Zip
Project and Specification No. 22-03
Respectfully Submitted,

NEWMAN MIDLAND CORP GENERAL CONTRACTOR
Title
,ADAM NASRY, PRESIDENT & SECRETARY
Singed By
757755
AND B
Title
01/31/2023
Contractor's License No. and Classification Exp. Date
06/13/2022
Date
957 BLUE HERON, SEAL BEACH, CA 90740
Residence: Street
(562) 254-1901
Residence phone Number
If the bid is by a corporation, state the names of the officers who can sign an agreement on behalf of the corporation and whether more than one officer must sign. � Corporation
Name ADAM NASRY, PRESIDENT
Name ADAM NASRY, SECRETARY
Name ADAM NASRY1 TREASURER
Taxpayer 1.D. Number: 33-0839761
If the bid is by a partnership or a joint venture, state the names and addresses of all general partners and joint ventures.

D Partnership or Joint Ventures
Name NIA
Taxpayer 1.D. Number: N/A
---------------------------------
Address _N_I A __________________________ _
Name NIA ---------------------------------
Address N/A--------------------------------
If the bidder is a sole proprietorship or another entity that does business under a fictitious name, the bid shall be in the real name of the bidder with a designation following showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be used unless there is a current registration with the Orange County Recorder.

The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows:

NOTE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint ventures, give names of all the individual members.

ADAM NASRY, PRESIDENT

ADAM NASRY, SECRETARY

ADAM NASRY, TREASURER
....... ADA,M NASRY, MANAGER
-· �-· . . .. -. \ .:.--. - ----· --
.----��-�\:: j:/.·.:-� -- .• ·-.

N/A
N/A
N/A
N/A
Bidder's Initials
P-4 PROPOSAL
ATTACHMENT 3
47 372
Project and Specification No. 22-03

ADDENDA
Bidder shall signify receipt of all Addenda here, if any:

Addendum No. Date Received Bidder's Signature
1 05/10/2022 OMnb
2(recalled) & 2R 05/19/2022
8&:
"'
3&4 05/26/2022 & 06/07/2022 - "" '

CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your firm's background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. This information will be used to evaluate whether the bid is responsive and or responsible to the call for bids.

Date Project Awarded
11/19/2019
Awarding Agency Agency's Contract
Administrator Contact
Information
INGLEWOOD UNIFIED SCHOOL DISTRICT NOEL DECASTRO (626) 993-6906 A .J, oc--�
Bidder's Initials
P-5 SUBCONTRACTOR DESIGNATION
ATTACHMENT 3
48 373
Project and Specification No. 22-03

DESIGNATION OF SUBCONTRACTORS
In com12liance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half(%) of one percent (1 %) of the prime contractor's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half (%) of one percent (1 %) of the prime contractor's total bid or ten thousand (:i;10,000) dollars, whichever is greater. Bidder shall further set forth the portion of the work, which will be done by each such subcontractor with its Department qf Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be listed.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contrac� he/she/it shall be deemed to have agreed to perform the balance of all work which is not covered, ana he/she/it shall not be permitted to subcontract ttiat portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which no subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of tfle Owner.

All information must be filled out and typed. Please use additional pages in this format if needed.

Bid % Name, Address and E-mail of State License Class DIR Registration Item (s) Portion Subcontractor Number
Number �{Work
By submission of this proposal, the Bidder certifies:

1. That (l)(we)(it) is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

Number

2. That the AGENCY will be furnished copies of all subcontracts entered into by subcontractor for this project.

A·J
Bidder's Initials
P-6 SUBCONTRACTOR DESIGNATION
Electrical
PMK Professional Inc
17925 Skypark Cir Suite C, Irvine, CA 92614
[email protected]
959668 C7, C10, B 1000004512
Elevator
PS37-3LLLC DBA Arrow Lift of California
101 Sunnyside Ave., Suite 101 , Clovis, CA 93619
[email protected]
995486 C11 1000027813
Retail Display Manufacturing Inc DBA RDM Millwork and Cabinets 760 E Lamber Red. Ste F, La Habra, CA 90631
[email protected]"
Millwork 1018811 C61/D34,
C6
1000051455
Concrete Gallardo Contractors, Inc.
204 East Flora St, Santa Ana, CA 92707
[email protected]
926928 B
1000026072
Tecta America Southern California Inc
1217 E. Wakeham Ave, Santa Ana, CA 92705
[email protected]
Roofing 811111 B, C39, C43 1000000837
Troys Ornamental Iron Craft Inc. DBA Rod Construction
8150 Electric Ave., Stanton, CA 90680
[email protected]
Structural Steel 945177 B, C23, C13 1000412581
United Riggers & Erectors Inc.
4188 Valley Blvd., Walnut, CA 91789
[email protected]
Plumbing 245451 B, C61/D21,
C51, A, C8,
C36
1000004020
Cosco Fire Protection Inc.
29222 Rancho Viejo Rd., STE 205, San Juan Capistrano, CA 92675 [email protected]
Fire Sprinklers 577621 C10, C16 1000002305
Inland Pacific Coatings Inc.
3556 Lytle Creek Rd, Lytle Creek, CA 92358
[email protected]
Painting 585185 C33 1000043948
Enterprise Security Inc
22860 Savi Ranch Parkway, Yorba Linda, CA 92887
[email protected]
Camera 821590 C7, C10, C28 1000014496
ATTACHMENT 3
49 374
Project and Specification No. 22-03

DESIGNATION OF SUBCONTRACTORS
In comQliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half(%) of one percent (1%) of the prime contractor's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half(%) of one percent (1 %) of the prime contractor's total bid or ten thousand {$10,000) dollars, whichever is greater. Bidder shall further set forth the portion of the work, which will be done by each such subcontractor with its Department qf Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be listed.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contrac� he/she/it shall be deemed to have agreed to perform the balance of all work, which is not covered, ana he/she/it shall not be permitted to subcontract ttiat portion of the work except under the conditions hereinafter set forth.

All information must be filled out and typed. Please use additional pages in this format if needed.

Bid % Name, Address and E-mail of State License Class DIR Registration Item (s) Portion Subcontractor Number
Number o(Work
By submission of this proposal, the Bidder certifies:
l. That (l)(we)(it) is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

Number

2. That the AGENCY will be furnished copies of all subcontracts entered into by subcontractor for this project. �J
Bidder's Initials
P-6 SUBCONTRACTOR DESIGNATION
South Coast Mechanical LLC
800 E. Orangethorpe Ave,Anaheim, CA 92801
[email protected]
HVAC 857144 B, C4, C10,
C20, C36
1000000842
ATTACHMENT 3
50 375
Project and Specification No. 22-03

DESIGNATION OF SUBCONTRACTORS
In comP-liance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the Stare of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half(%) of one percent (1 %) of the prime contractor's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half (%) of one percent (1 %) of the prime contractor's total bid or ten thousand (:ti10,000) dollars, whichever is greater. Bidder shall further set forth the portion of the work, which will be done by each such subcontractor with its Department c;>f Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be hsted.

All information must be filled out and typed. Please use additional pages in this format if needed.

Bid % Name, Address and E-mail of State License Class DIR Registration Item (s) Portion Subcontractor Number
Number o_fWork
By submission of this proposal, the Bidder certifies:

I. That (l)(we)(it) is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

Number

2. That the AGENCY will be furnished copies of all subcontracts entered into by subcontractor for this project.

Bidder's Initials
P-6 SUBCONTRACTOR DESIGNATION
ATTACHMENT 3
51 376
Project and Specification No. 22-03

BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check.) KNOW ALL PEOPLE BY THESE PRESENTS:

That we, Newman Midland Corp as
principals, and United Fire & Casualty Company as surety, are held and firmly bound unto the City of Costa Mesa, a municipal corporation, organized under the laws of the State of California and situated in Orange County in the sum of Ten Percent of the Total Bid Amount ($10.0% of Bid Amount) to be paid to the City, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, jointly and severally firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That is the certain proposal of the above bounden, Newman Midland Corp , if accepted by the City of Costa Mesa, and if the above bounden,
Newman Midland Corp his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the CERTIFICATE OF INSURANCE and the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within fourteen (14) days from the date of the mailing of a notice of the above bounden,
Newman Midland Corp , by and from the City, that said
contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

IN WITNESS WHEREOF:

We hereunto set our hands and seals this _,._,_,..__
A1>Af'(
,:JA5i.'t4 �&1�N1".�. i::ece,ET��V
Bidder's Initials
P-7 NONCOLLUSION AFFIDAVIT
ATTACHMENT 3
52 377

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
} County of _0.c._ra_n_,._g-'-e ______________ _
On JUN O 3 2022 before me, Christine Hoang , Notary Public, _.....:.,...:....:...=--..,_..___,,,e........:,===--- -------------=-------- Date Insert Name of Notary exacily as it appears on the official seal personally appeared _l_re_n_e_ L_u_o_ng,,,__ __________________________ _ Name(s) of Signer(s)
CHRJSTINE HOANG Notary Pubuc • California
Oranae County f Commission # 2363281 My Comm. Expires Jun 29, 2025 Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowled�ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

Witness my hand an
Signature =-:---c:-:-:-\:--=-:\ri�td'=-:"'+-r=='="''-----si9nature of N Though the information below is not required by la� it may prove valuable to persons relying on the document and could prevent fraudulent removal ano reattachment of the form to another document.

Description of Attached Document
Title or Type of Document: _____________________________ _ Document Date: - ------------------ Number of Pages: ________ _ Signer(s) Other Than Named Above: ------------------------- Capacity(ies) Claimed by Signer(s)
Signer's Name:-------------
D
Individual
D Corporate Officer -Title(s): _____ __ _
D Partner D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: _______ _
Signer is Representing:

RIGHT THLJIVIBPRINT
OF
s1c-;NER
Top of thumb here
Signer's Name: _____________ _
D Individual
D Corporate Officer -Title(s): _______ _
D Partner D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: ______ _
Signer is Representing:

RIGHT THU�ilBPRINT
OF �;lliNE.R
Top of thumb here
ATTACHMENT 3
53 378

UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA

UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX

FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA

CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company - See Certification) Inquiries: Surety Department
118 Second Ave SE
Cedar Rapids, IA 52401
KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing Wider the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, CHRISTINE HOANG,

DANIELLE HANSON, EACH INDIVIDUALLY
their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, Widertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instnunents were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.

The Authority hereby granted shall expire the 16th day of May, 2024 un 1 ess sooner revoked United Fire & Indemnity Company, and Financial Pacific Insurance Company. by United Fire & Casualty Company,
This Power of A ttomey is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI - Surety Bonds and Undertakings"
Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and 1he Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of ei1her authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as 1hough manually affixed. Such attorneys-in-fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto.

The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact.
day of May, 2022

UNITED FIRE & CASUALTY COMPANY

UNITED FIRE & INDEMNITY COMPANY

FINANCIAL PACIFIC INSURANCE COMPANY
By:
9-�;-�Vice President
On 16th day of May, 2022, before me personally came Dennis J. R1chmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State oflowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.

Judith A. Jones
Iowa Notarial Seal
Commission number 173041
My Commission Expires 4/2312024
� ,... t::: Public
0 My commission expires: 4/23/2024
I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 3rd day of June , 20..n__.

BPOA0045 122017
By: � '\�
tary,

UF&C & UF&I & FPIC
ATTACHMENT 3
54 379
No. 2416-6

STATE OF CALIFORNIA

DEPARTMENT OF INSURANCE

SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY that, pursuant ro the Insurance Code of the State of California, United Fire & Casualty Company
of Iowa, organized under the laws of Iowa, subject to its Articles of Incorporation or otherJi,ndamenta/ organizational documents, is hereby authorized 10 transact within this State, subject to all proi•isions of this Certificate, the following classes of insuran,·e:

Fire, Marine, Suretyt Plate Glass, Liabilityt Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous as such classes are now or may hereafter he defined in the Insurance Laws of the State of California.

THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements mad£ under authority of the laws of the State of California as long as such laws or requirements are In effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended NOTICE:

IN W[TNESS WHEREOF, effecrii'e as of the 16"' day of July, 2014, I hove hereunto set my hand and caused my off)cial seal to be affi�ed this 16th dayofJuly, 2014.

By
Dave Jones
Jn.sw-arwe Commissioner
.·�"�· �
/ l .•
. <'.· Susan J. Stapp
,/ for Nettie Hoge
Chief ln.pi;ty
Qualification with the �retary of State must be accomplished as required by lhe California Corporatioos Code promptly after issuance of this Certificate of Auchority. Failure to do so will b<: a violation oflnsurancc Cod<! scctioa 701 and will be grounds for revoking this Certificate of Authority pursual\t to the covenants made in the application therefor and the conditions contained herein.

ATTACHMENT 3
55 380

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of LOS ANGELES
On JUNE 10, 2022 before me, TEA GAN N. HEID ENRICH, NOTARY PUBLIC (insert name and title of the officer)
personally appeared _A_D_ A_M_N_AS _R_Y ___________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signatu
ATTACHMENT 3
56 381
Project and Specification No. 22-03

CONTRACT ASSURANCE
The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

The CONTRACTOR will require that the above provision is included in all subcontracts.

A.J.

Bidder's Initials
P-8 NONCOLLUSION AFFIDAVIT
ATTACHMENT 3
57 382
Project and Specification No. 22-03

NONCOLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF COSTA MESA whereby such affiant or affiants or either of them has paid or I s to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository; that bidder has not bid as subcontractor to other bidders; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid.

Subscribed and sworn to before me by:

ADAM NASRY
This 13THday of _J_U_N_E __ _

NEWMAN MIDLAND CORP
Contractor Firm Name

ADAM NASRY
Name of Principal

PRESIDENT & SECRETARY
Signature
.. TUGAN N. H!ID!NIIICH
Noury Public - Callfornt1
Orlnte County
Commission , 2Hal92 -
Nl't Contm. billrfl ...-, 2C. 2025
TEAGAN N. HEIDENRICH, NOTARY PUBLIC
Bidder's Initials
P-9 NONCOLLUSION AFFIDAVIT
ATTACHMENT 3
58 383
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validi of that document.

State of California
County of LOS ANGELES
Subscribed and sworn to (or affirmed) before me on this 13TH day of JUNE , 20 22 , by _A _DA_M_N_AS_R_Y ____ _
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me .
(Seal)
..
'TE.I.GANN. M!ID[NIU�
Notary Publtc • C.llfomta
Orin .. County
Commission t 2151392 -,,,., Comm. Exz,i, .. � 20. 2025
Signatur
ATTACHMENT 3
59 384

CONTRACTOR'S CERTIFICATION
OF
Project and Specification No. 22-03

WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR

PUBLIC WORKS PROJECTS
(Labor Code §1861)
I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

Dated: 06/13/2022
coz:sR�.
,ADAM NASRY, PRESIDENT & SECRETARY

NEWMAN MIDLAND CORP
Company Name
PROJECT: COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADE CITY PROJECT NO. 22-03
Bidder's Initials
P-10 WORKER'S COMPENSATION
ATTACHMENT 3
60 385
Project and Specification No. 22-03

DRUG-FREE WORKPLACE POLICY
CONTRACTOR, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. Failure to establish a program, notify employees, or inform CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by CITY.

CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100-5. A copy of this policy is attached to the sample contract agreement as an attachment in the Project Specifications.
-A.J.

Bidder's Initials
P-11 CONTRIBUTION DISCLOSURE
ATTACHMENT 3
61 386
Project and Specification No. 22-03

BIDDER/APPLICANT/CONTRACTOR

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.

Company/Business Name of
';':, Date Name:9f Donor Affiliation Recipient Amo�nt

N/A N/A N/A N/A N/A
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true Q
n
8::: ,ADAM NASRY, PRESIDENT & SECRETARY
ieppltcant!Proposer
06/13/2022
Date
Bidder's Initials
P-12 CONTRIBUTION DISCLOSURE
ATTACHMENT 3
62 387
DATE:

TO:

CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200

FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION May 10, 2022

ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM N0.1 -COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADE, CITY PROJECT NO. 22-03
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected]. COPY WILL NOT BE SENT BY MAIL.

Company: NEWMAN MIDLAND CORP
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City's PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanylD=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.

This addendum, effective on this date, addresses the following items:

MANDATORY
PRE-BID JOB WALK DATE :

PRE BID JOB WALK LOCATION
BID OPENING DATE:

ADDENDUM 1 PLAN UPDATES:
9:00 A.M., Tuesday, May 24, 2022
99 Fair Drive Costa Mesa, CA 92626
1:00 P.M., Monday, June 13, 2022

ARCHITECT'S SUMMARY AND UPDATED
ADDENDUM 1 APPENDIX A PLANS DATED 5/10/2022
POSTED TO PLANET BIDS 5/10/2022

NO CHANGE

NO CHANGE
Please acknowledge receipt of the Addendum 1 plan update and summary by Gillis + Panichapan Architects on the Proposal Page "P-4".

Sincerely,
Bobby Fouladi, P.E.

Senior Engineer
Posted to PlanetBids.com:
22-03 CMPD Addendum 1 - GPa Summary (3 pages)
22-03 CMPD Addendum 1 - GPa 5.10.22 Bid Set (49 Sheets) ATTACHMENT 3
63 388
ATTACHMENT 3
64 389

CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628-1200

FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION DATE: May 19, 2022
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 2 - COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADE, CITY PROJECT NO. 22-03
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to bobby.fouladi@costam
a

COPY WILL NOT BE SENT BY MAIL
Received by: '=- ' - ,ADAM NASRY, PRESIDENT & SECRETARY Company: NEWMAN MIDLAND CORP
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City's PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanylD=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.

This addendum, effective on this date, addresses the following items:

MANDATORY
PRE-BID JOB WALK DATE :

PRE BID JOB WALK LOCATION
BID OPENING DATE:

ADDENDUM 2 UPDATES:
9:00 A.M., Tuesday, May 24, 2022
99 Fair Drive Costa Mesa, CA 92626
1:00 P.M., Monday, June 13, 2022

1. Add the following to BID ITEM No. 1 in section 101-2.2 of the Special Provisions:

NO CHANGE

NO CHANGE
As part of the base bid for construction, the Contractor shall include a Hazardous Materials Survey and Report to evaluate existing building materials in areas where demolition, new construction, and renovations are scheduled to take place.

Revised Page SP-2 and SP-3 Released as attachments to this Addendum 2 and to Planetbids.com

2. Approved Substitution Request 01 - Bullet Resistant Door and Vision Glass Submitted by: Chicago Bullet Proof
Released as an attachments to this Addendum 2 and posted to Planetbids.com

3. Q&A responses to bidder questions posted on Planetbids.com.

Released as an attachments to this Addendum 2 and posted to Planetbids.com ADDENDUM 2

Page 1 of 13 ends

ATTACHMENT 3
65 390
DATE:

TO:

CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200

FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION May 26, 2022

ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 3 -COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADE, CITY PROJECT NO. 22-03
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected]. COPY WILL NOT BE SENT BY MAIL.

Received by: ,ADAM NASRY, PRESIDENT & SECRETARY
Company: NEWMAN MIDLAND CORP
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City's PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanylD=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.

This addendum, effective on this date, addresses the following items:

MANDATORY
PRE-BID JOB WALK DATE :

PRE BID JOB WALK LOCATION
BID OPENING DATE:

ADDENDUM 3 UPDATES:
9:00 A.M., Tuesday, May 24, 2022
99 Fair Drive Costa Mesa, CA 92626
1:00 P.M., Monday, June 13, 2022

1. ARCHITECT'S ADDEDNUM 3 SUMMARY AND ATTACHMENTS
by Gillis + Panichapan Architects

2. Q&A responses to bidder questions posted on Planetbids.com.

Released as an attachments to this Addendum 3 and posted to Planetbids.com

COMPLETED

NO CHANGE
ATTACHMENT 3
66 391
DATE:

TO:

CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200

FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION June 7, 2022

ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 4 - COSTA MESA POLICE DEPARTMENT INDOOR RANGE UPGRADE, CITY PROJECT NO. 22-03
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to bobby.fouladi@costames OPY WILL NOT BE SENT BY MAIL.

Received by: -- .ADAM NASRY, PRESIDENT & SECRETARY
Company: NEWMAN MIDLAND CORP
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City's PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?Company1D=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.

This addendum, effective on this date, addresses the following items:

MANDATORY
PRE-BID JOB WALK DATE:

PRE BID JOB WALK LOCATION
BID OPENING DATE:

ADDENDUM 4 UPDATES:
9:00 A.M., Tuesday, May 24, 2022
99 Fair Drive Costa Mesa, CA 92626
1:00 P.M., Monday, June 13, 2022

COMPLETED

NO CHANGE

1. ARCHITECT'S ADDEDNUM 4 - lnVeris Substitution Request Review and Determination by Gillis + Panichapan Architects

2. Q&A responses to bidder questions posted on Planetbids.com.

Released as an attachments to this Addendum 4 and posted to Planetbids.com ATTACHMENT 3
67 392
1 FOULADI, BOBBY
From: [email protected]
Sent: Wednesday, June 15, 2022 2:10 PM
To: FOULADI, BOBBY
Cc: SETHURAMAN, RAJA; YANG, SEUNG; 'Michael khalil'
Subject: Costa Mesa Police Department Indoor Range Upgrades Attachments: PROTEST LETTER.pdf
Good afternoon,
Please see attached Protest Letter for above-referenced project.

Let us know if there are any questions.

Thank you,
Lori Ramirez
Executive Assistant
Home Masters Intl
[email protected]
909.923.4663 ext 1013
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.

ATTACHMENT 3
68 393

_____________________________________________________________________________ 2232 S. Vineyard Avenue ٠ Ontario, CA 91761
PH: 909 – 923 – 4663 FX: 909 – 923 – 4688
www.homemastersintl.com
June 15, 2022

Bobby Fouladi, P.E.

Senior Engineer
City of Costa Mesa
Public Services Department
Via email: [email protected]

Re: Formal Protest of Bid
Bid: Costa Mesa Police Department Indoor Range Upgrades Project CIP #22-03

Dear Mr. Fouladi,

Please consider this correspondence to serve as Home Masters Intl. formal protest of the award of the above-referenced bid to AG Construction, Newman Midland Corp & Kazoni Inc.

This protest is being submitted due to the following:

AG Construction:

1. The contractor did not list any subcontractor for the specialty trade of Fire Sprinkler per their listing on PlanetBids.

2. The contractor did not list any subcontractor for the specialty trade of Elevator per their listing on PlanetBids.

3. The contractor did not list any subcontractor for the specialty trade of Roofing not to void the current roofing warranty per their listing on PlanetBids.

4. The contractor did not list any subcontractor for the specialty trade of Structural Steel per their listing on PlanetBids.

5. The contractor did not list any subcontractor for Wood Casework per their listing on PlanetBids, cabinets trimming modifications, site measurements, professional fabrication, and installation will be in need of a licensed fabricator and installer.

Newman Midland Corp:

1. The contractor did not list any subcontractor for the specialty trade of Fire Alarm per their listing on PlanetBids.

Johnson Controls is the specified subcontractor per the project specs.

ATTACHMENT 3
69 394
_____________________________________________________________________________ 2232 S. Vineyard Avenue ٠ Ontario, CA 91761
PH: 909 – 923 – 4663 FX: 909 – 923 – 4688
www.homemastersintl.com

2. The contractor did not list any subcontractor for the specialty trade Demolition and Asbestos Abatement to deal with hazardous material, if any, per Addendum #2 requirements.

3. The contractor listed a subcontractor for the Elevator trade, “PS37-3 LLC – DBA Arrow Lift” which we believe is not a licensed distributor for the specified elevator.

4. Listed subcontractor for Structural Steel “ TROY'S ORNAMENTAL IRON CRAFT” is not holding license C -51 for structural steel, and all the required scope of work is included in the project’s structural sheets.

Kazoni Inc.:

1. Listed subcontractor for Structural Steel “ TROY'S ORNAMENTAL IRON CRAFT” is not holding license C -51 for structural steel, and all the required scope of work is included in the project’s structural sheets.

2. The contractor did not list any subcontractor for Wood Casework per their listing on PlanetBids, cabinets trimming modifications, site measurements, professional fabrication, and installation will be in need of a licensed fabricator and installer.

3. Listed subcontractor for Demolition “Bluetek Unlimited LLC” is holding license C-21, and to deal with hazardous material, if any, per Addendum #2 requirements, the subcontractor needs to carry C-22 license.

Your review of our bid protest is greatly appreciated. If you have any questions, please do not hesitate to contact me at (909) 454-4439.

Thank you.

Sincerely,
Michael Khalil
Projects Director
ATTACHMENT 3
70 395

CITY OF COSTA MESA
P.O. BOX 1200  77 FAIR DRIVE  CALIFORNIA 92628-1200

FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION July 1, 2022 Sent by Certified Mail and by E-Mail
Alon Gamliel
AG Construction
18960 Ventura Blvd #211
Tarzana, CA 91356
Alon Gamliel [email protected]
Adam Nasry
Newman Midland Corporation
1355 Redondo Ave Suite 12
Long Beach, CA 90804
Adam Nasry [email protected]
April Kulpinski
Keith Kulpinski
Kazoni Inc dba Kazoni Construction
150 Paularino Ave. D160
Costa Mesa, CA 92626
Keith Kulpinski [email protected]
April Kulpinski [email protected]
Mark Guirguis
Michael Khalil
All About Cabinets Inc dba Home Master International
2232 S. Vineyard Avenue
Ontario, CA 91761
Mark Guirguis [email protected]
Michael Khalil [email protected]
SUBJECT: RESPONSES TO BID PROTESTS

FINDINGS OF NON-RESPONSIVENESS

CITY OF COSTA MESA POLICE DEPARTMENT INDOOR RANGE

UPGRADES,
CITY PROJECT NO. 22-03
Dear Bidder:

ATTACHMENT 4
1 396
2 of 6
The City Clerk received and opened (8) bids for the Notice Inviting Bids (“Notice”) for the Costa Mesa Police Department Indoor Range Upgrades, City Project No. 22-03 (the “Project”) on June 13, 2022. On the same day, following the bid opening, SS&K Construction Inc. submitted a letter withdrawing their apparent low bid for the Project due to clerical errors in their bid. In addition to the withdrawal by SS&K, several other bidders submitted protests in the days after the bid opening.

This letter responds to protests made by the following bidders on the dates specified:

All About Cabinets (Attachment 1) on June 15, 2022
Against: AG Construction, Newman Midland and Kazoni Construction Newman Midland (Attachment 2) on June 16, 2022
Against: AG Construction
Kazoni Construction (Attachment 3) on June 16, 2022
Against: AG Construction and Newman Midland
These bid protests respectively protest against all, one, or at least two of the bids submitted by AG Construction, Newman Midland, and Kazoni Construction, Inc. (“Kazoni”, the apparent low bidder) . For the reasons set forth below, following City staff’s review and analysis of all the protests and bids, the City has determined that bids submitted by both AG Construction and Newman Midland are non-responsive, while Kazoni submitted a responsive bid. Accordingly, the City will move forward with a recommendation to award the Project to Kazoni, as discussed below.

The City of Costa Mesa has completed its review of the bids submitted on June 13, 2022 in response to the Notice . Newman Midland Corporation, Kazoni and All About Cabinets dba Home Master’s International have all submitted protests of bids submitted that were lower than their own. Upon review of all protests and bids, both AG Construction and Newman Midland Corporation have been found by the Director of Public Services non-responsive for not submitting bids in compliance with the Equivalent Materials and pre-bid substitution request procedures detailed in the “Information for Bidders” portion of the specification.

Their bids included listed subcontractors that do not install equipment expressly and specifically listed in the bid documents. The alternative equipment they listed was not submitted as part of a substitution request, for equivalency, prior to bid submission. See Notice, Paragraph 18 of Section B, INFORMATION FOR BIDDERS. This failure resulted in their bids having a competitive advantage over the other bidders, Accordingly, City staff is recommending that bids submitted by AG Construction and Newman Midland Corporation be rejected as non- ATTACHMENT 4
2 397
3 of 6
responsive. Further, as discussed below, the bid submitted by All About Cabinets is non-responsive as well.

Based on the above analysis, the fourth bidder Kazoni is now the apparent low bidder. All About Cabinets is the only company that has a protest against Kazoni’s bid.

California Public Contract Code section 20162, which governs the City’s award of the contract for this Project, requires that the contract be awarded, if at all, to the lowest responsible bidder. A bid is responsive if it promises to do what the bidding instructions demand. ( D.H. Williams Construction, Inc. v. Clovis Unified School Dist. , 146 Cal. App. 4th 757, 764 (5th Dist. 2007).) Responsiveness is determined from the face of the bid. ( Great West Contractors, Inc. v. Irvine Unified School Dist., 187 Cal. App. 4th 1425, 1452-53 (4th Dist. 2010).) A bid that substantially conforms to a call for bids may, although not strictly responsive, be accepted if the variance is inconsequential, meaning the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders. (See Ghilotti Construction Co. v. City of Richmond, 45 Cal.

App. 4th 897, 904 (1st Dist. 1996).) An actual competitive advantage arises only when a bid defect establishes an actual ground for a successful bidder to withdraw its bid without incurring liability under its bond. ( Bay Cities Paving & Grading, Inc. v. City of San Leandro, 223 Cal. App. 4th 1181 (1st Dist. 2014).

BID PROTEST BY ALL ABOUT CABINETS (AGAINST AG CONSTRUCTION

AND NEWMAN MIDLAND) AND NEWMAN MIDLAND (AGAINST AG

CONSTRUCTION)
The bid protests by both All About Cabinets and Newman Midland are each rejected by the Director for the apparent failure to follow the mandatory notice procedures to the affected bidder(s). The Notice at Paragraph 21 of Section B, INFORMATION FOR BIDDERS, provides in relevant part:

The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest..

However, the bids submitted by AG Construction and Newman Midland Corporation are rejected as non-responsive as discussed above.

BID PROTEST BY KAZONI AGAINST AG CONSTRUCTION AND NEWMAN MIDLAND (ATTACHMENT 3)
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Kazoni properly followed the mandatory notice procedures as part of their protest of AG Construction and Newman Midland’s bids and is the apparent responsive low bidder. Kazoni’s bid protest is sustained as to each AG Construction and Newman Midland for the reasons set forth in their protest. However, as noted above, these bids are non-responsive.

BID PROTEST BY ALL ABOUT CABINETS AGAINST KAZONI
All About Cabinets’ protest of Kazoni is rejected in its entirety for the apparent failure to notify Kazoni of this protest. Pursuant to the Notice requirements for the Project, as discussed above regarding All About Cabinets and Newman Midland, this is a material requirement for a protest.

Second, All About Cabinets’ protest is also rejected for the following specific reasons. Their protest involves Kazoni’s selected subcontractors not holding appropriate license to perform the work as detailed in the bid documents, plans, and specifications.1

1. In response to All About Cabinets protest that Kazoni’s listed subcontractor for structural steel “Troy’s Ornamental Iron Craft” is not holding license C-51:
 The bid plans and bid specifications do not explicitly require a subcontractor to hold a C-51 license and All About Cabinet has not expressly demonstrated where this requirement is legally proved or required in the advertised bid documents.

With a Class “B” license Troy’s Ornamental Iron Craft is eligible to perform subcontracts that include more than two trades other than framing and carpentry. In this case those two trades may involve ironworking, and painting or
ironworking and masonry, etc.

2. In response to All About Cabinets’ protest that Kazoni did not list a millwork subcontractor with the appropriate fabricator and installer license:
 All about Cabinets has not expressly demonstrated where this requirement is proved or required in the bid documents.

With a Class “B” license Kazoni is eligible to purchase the millwork from a licensed fabricator and then self-perform or subcontract the installation of new cabinets.
1 Despite All About Cabinets protest, the bid(s) submitted by All About Cabinets itself does not correctly designate sub-contractors. The bid information All About Cabinets manually input into the Planet Bids portal, which attempts to designate sub-contractors is unsigned and therefore invalid. The signed bid that is uploaded and delivered to the City conflicts with the subcontractor information that was input on Planet Bids and does not designate some of the same subcontractor classifications that All About Cabinets has protested as inappropriate in Kazoni’s bid.

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3. In response to All About Cabinets’ protest that Kazoni’s listed demolition contractor is not holding a C-22 license per addendum #2 requirements:
 All About Cabinets has not expressly demonstrated where this requirement is proved or required in the bid documents or in Addendum #2. Addendum #2 actually requires the
following: “As part of the base bid for construction, the Contractor shall include a Hazardous Materials Survey and Report to evaluate existing building materials in areas where demolition, new construction, and renovations are scheduled to take place.” Addendum #2 is evidence that, at this time, it is not clear whether asbestos is present.

Even if All About Cabinet’s protest had followed the mandatory notice requirements to the affected other bidders, the alleged discrepancies they identified in Kazoni’s bid are nonetheless found to be inconsequential and do not give them a competitive bid advantage over any other bidder.

Further, the bid submitted by All About Cabinets itself is materially non- responsive because of their failure to correctly follow the mandatory requirements for bid submittals through PlanetBids. See Notice, Paragraph 1 of Section B, INFORMATION FOR BIDDERS. To properly submit and complete their bids, each bidder must initial or notarize (if applicable) all pages on P-1, P- 1a, P-1b, P-2 thru P-12 and upload onto PlanetBids. Page P-6 of the bidder’s proposal lists all the subcontractors that will perform ½ of 1% of the prime contractor’s total bid for the work. Bidders are also prompted to upload evidence of their bid bond and to ensure that a hard copy is delivered to the City Clerk’s office prior to bid opening.

All About Cabinets did not properly upload the General Attachment P-1 thru P-12 of the specification, and instead uploaded all 152 pages of the specification with pages P-1 thru P-12 filled out and initialed. Page P-6 of their uploaded General Attachment P-1 thru P-12, portion of the specification, only included some of their designated subcontractors and did not match what was entered manually into the planet bids portal.

All About Cabinets did submit a hard copy of their bidders’ bond to the City Clerk but did not properly upload evidence of their bid bond were prompted by the PlanetBids portal to do so. Instead All About Cabinets uploaded all 152 pages of the specification again. However, this time the entire specification included blank versions of P-1 thru P-12 without initials or signature. Only Page P-6 in this mistakenly uploaded document listed subcontractors, but is still found to be invalid since it was not initialed, uploaded in the correct place, with the correct document, or even accompanied by related documents.

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The information provided by All About Cabinets in their uploaded general attachment P-1 thru P-12 although signed and initialed is found incomplete and does not match what was manually entered by All About Cabinets into the planet bids portal for subcontract designations.

The discrepancies and inconsistencies with which All About Cabinets has designated their subcontractors results in their bid being improperly submitted.

These discrepancies and errors noted above are not inconsequential.

The Project is scheduled to be presented to the City Council at 6:00 p.m. at the July 19, 2022, meeting of the City Council for award to the lowest responsible bidder. City staff is recommending that Kazoni be awarded a construction contract to complete the City of Costa Mesa Police Department Indoor Range Upgrades, City Project 23-02.

If any of the bidders wishes to be heard, protest or otherwise object to the determinations as set forth herein and the intent to award to Kazoni, they must be present at the Council Meeting on July 19 th, and must submit any written objection and/or evidence to the City Clerk’s office, City Hall, 77 Fairview Drive, Costa Mesa, CA 92626 on or before July 14, 2022.

Sincerely,
Seung Yang
City Engineer
on behalf of the Public Works Director
Attachment 1 – June 15, 2022 protest from All About Cabinets, Inc (3 pages) Attachment 2 – June 16, 2022 protest from Newman Midland (2 pages) Attachment 3 – June 16, 2022 protest from Kazoni Construction (65 pages) c: Raja Sethuraman, Public Works Director (email only)
Bobby Fouladi, Senior Engineer (email only)
Tarquin Preziosi, Assistant City Attorney (email only)
Lauren B. Stec – Attorney at Law, Lanak & Hanna (email only) File:

ATTACHMENT 4
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1 FOULADI, BOBBY
From: [email protected]
Sent: Wednesday, June 15, 2022 2:10 PM
To: FOULADI, BOBBY
Cc: SETHURAMAN, RAJA; YANG, SEUNG; 'Michael khalil'
Subject: Costa Mesa Police Department Indoor Range Upgrades Attachments: PROTEST LETTER.pdf
Good afternoon,
Please see attached Protest Letter for above-referenced project.

Let us know if there are any questions.

ATTACHMENT 4
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_____________________________________________________________________________ 2232 S. Vineyard Avenue ٠ Ontario, CA 91761
PH: 909 – 923 – 4663 FX: 909 – 923 – 4688
www.homemastersintl.com
June 15, 2022
Bobby Fouladi, P.E.

Senior Engineer
City of Costa Mesa
Public Services Department
Via email: [email protected]
Re: Formal Protest of Bid
Bid: Costa Mesa Police Department Indoor Range Upgrades Project CIP #22-03
Dear Mr. Fouladi,
Please consider this correspondence to serve as Home Masters Intl. formal protest of the award of the above-referenced bid to AG Construction, Newman Midland Corp & Kazoni Inc.

This protest is being submitted due to the following:

AG Construction:

1. The contractor did not list any subcontractor for the specialty trade of Fire Sprinkler per their listing on PlanetBids.

2. The contractor did not list any subcontractor for the specialty trade of Elevator per their listing on PlanetBids.

3. The contractor did not list any subcontractor for the specialty trade of Roofing not to void the current roofing warranty per their listing on PlanetBids.

4. The contractor did not list any subcontractor for the specialty trade of Structural Steel per their listing on PlanetBids.

Newman Midland Corp:

1. The contractor did not list any subcontractor for the specialty trade of Fire Alarm per their listing on PlanetBids.

Johnson Controls is the specified subcontractor per the project specs.

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_____________________________________________________________________________ 2232 S. Vineyard Avenue ٠ Ontario, CA 91761
PH: 909 – 923 – 4663 FX: 909 – 923 – 4688
www.homemastersintl.com

2. The contractor did not list any subcontractor for the specialty trade Demolition and Asbestos Abatement to deal with hazardous material, if any, per Addendum #2 requirements.

3. The contractor listed a subcontractor for the Elevator trade, “PS37-3 LLC – DBA Arrow Lift” which we believe is not a licensed distributor for the specified elevator.

Kazoni Inc.:

Your review of our bid protest is greatly appreciated. If you have any questions, please do not hesitate to contact me at (909) 454-4439.

Thank you.

Sincerely,
Michael Khalil
Projects Director
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1 FOULADI, BOBBY
From: Adam Nasry <[email protected]>
Sent: Thursday, June 16, 2022 5:05 PM
To: FOULADI, BOBBY
Cc: Bill Hadd
Subject: Re- Indoor Range Upgrades at Costa Mesa Police Department Dear Mr. Fouldi,
Pursuant to our phone discussion today, I would like to protest potential award of the contract for the above reference project to AG Construction due to their failure to list structural steel and fire sprinklers subcontractors. Both trades require a specialty license which AG Construction do not possess. Public contract code requires listing of subcontractors performing half of one percent of the bid amount. Clearly, AG Construction is in violation of that requirement. Therefore we believe our company is the lowest responsive bidder.

I would also like to clarify and confirm the following items in our bid proposal for the above referenced project:

1. Our company will self-perform the demolition. Therefore, we do not need to list a demolition contractor.

5. 5. Similarly, our bid was based on "Welkin" overhead baffle and "Stryker" turning target as provided by "Spire Ranges" as comparable systems to the "Action Target" products specified. As in article 3 above, the advantage to the City is the considerable cost saving which was accounted for in our bid amount. We were informed by "Spire Ranges" that they were an approved vendor to the City. I do ATTACHMENT 4
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2 encourage the City to verify other bidders' inclusions for range equipment, which I am certain that you will find "Spire Ranges" to be their answer.

Please consider the above items in your review and evaluation of the bids received, and advise us of the City's decision at the earliest time possible.

Sincerely,
Adam Nasry, Sr. PM
NEWMAN MIDLAND CORP.

6. 7.

8. 6.

6. 7.

ATTACHMENT 4
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1 FOULADI, BOBBY
From: Keith Kulpinski <[email protected]>
Sent: Thursday, June 16, 2022 4:19 PM
To: FOULADI, BOBBY
Cc: April Kulpinski
Subject: Fwd: Kazoni's Protest of AG Construction and Newman Midland Corp. [24855] Attachments: Kazoni Bid Protest-Costa Mesa Police Dept..pdf Hi Bobby,
I am forwarding you copy for your files.

Thank you for your time.

Respectfully,
ATTACHMENT 4
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2 ANGELICA J. REGIS
Litigation Assistant
Direct 714.408.7219 | Main 714.620.2350 | Fax 714.703.1610 625 THE CITY DRIVE S., STE. 190, ORANGE, CA 92868
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
lanak-hanna.com
ATTACHMENT 4
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Joseph M. Hanna (retired)
Lauren B. Stec
Attorney at Law
[email protected]
{2617 24855}
625 The City Drive South, Suite 190, Orange, CA 92868 P 714-620-2350 F 714-703-1610 June 16, 2022

VIA E-MAIL AND OVERNIGHT MAIL
Raja Sethuraman
Public Services Director
City of Costa Mesa
77 Fair Dr.

Costa Mesa, CA 92626
[email protected]
RE: KAZONI’S PROTEST OF AG CONSTRUCTION AND NEWMAN MIDLAND CORP.

Project: Costa Mesa Police Department Indoor Range Upgrades Project Dear Mr. Sethuraman,
We represent Kazoni, Inc. dba Kazoni Construction (“Kazoni”) with regards to its bid on the City of Costa Mesa (the “City”) Police Department Indoor Range Upgrades Project (“Project”). As you know, the first lowest bidder, SS+K Construction withdrew its bid. This letter serves as Kazon i’s formal protest against the second lowest bidder, AG Construction , and the third lowest bidder, Newman Midland Corp.’s (“Newman”) bid s. This bid protest is in compliance with the City’s Protest Instructions set forth in the Invitation for Bid. AG Construction and Newman’s bids on the Project are non-responsive and thus must be rejected, as addressed in detail below. Kazoni requests that the District reject AG Construction and Newman’s Bids and award the Project to Kazoni as the lowest responsive and responsible bidder.

I. AG CONSTRUCTION AND NEWMAN’S BIDS ARE NON-RESPONSIVE.

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II. AG CONSTRUCTION’S BID SHOULD BE REJECTED AS NON-RESPONSIVE.

A. AG Construction’s Bid is Non-Responsive on its Face Because it Failed to Complete the Designation for Subcontractors Form.

The Designation for Subcontractors Form provides:

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Therefore, AG Construction’s Bid is non-responsive because it fails to conform to the Specifications of the Invitation for Bid.

B. AG Construction’s Bid Must Be Rejected Because it Violates the Subcontractor Listing Laws.

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{2617 24855}
lead to insolvencies, loss of wages to employees, and other evils.

The subcontractor listing law was passed in response to these concerns.

Public Contract Code section 4104 provides and requires:

The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid. (Emphasis added).

ATTACHMENT 4
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June 16, 2022

Page 6 ends

Thus, the City must reject AG Construction’s bid for violating the Subcontractor Listing Laws.

C. AG Constructions Bid is Non-Responsive Because the Elevator Subcontractor it Listed, Arrow Lift, Does Not Install the Electric Lift Provided for in the Specifications, Garaventa Lift.

PART 2 PRODUCTS

2.01 SYSTEMS
A. Manufacturers:

1. Garaventa Lift, www.garaventalift.com.

2. Substitutions: Previously Reviewed and Approved Equals will be Accepted.

A true and correct copy of Section 14 2101, Electric Lift Specification is attached hereto as Exhibit B.

ATTACHMENT 4
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June 16, 2022

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This deviation from the bid documents cannot be waived because it provided AG Construction with a material advantage. Specifically, the electrical lift manufactured by Symmetry only cost $89,500.00.

III. NEWMAN’S BID SHOULD BE REJECTED AS NON-RESPONSIVE.

A. Newman’s Bid is Non -Responsive on its Face Because it Failed to Complete the Designation for Subcontractors Form.

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C. Newman’s Bid is Non -Responsive Because the Elevator Subcontractor it Listed, Arrow Lift, Does Not Install the Electric Lift Provided for in the Specifications, Garaventa Lift.

IV. CONCLUSION
AG Construction and Newman’s bids failed to comply with the requirements of the bid documents.

Kazoni is appreciative of the time the City has spent on this matter and hopes for a quick resolution.

ATTACHMENT 4
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June 16, 2022

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{2617 24855}
Sincerely,
LAUREN B. STEC
Attorney at Law for the Firm
Enclosures
cc: Via email only
Alon Gamliel
AG Construction
[email protected]
Adam Nasry
Newman Midland Corp.
estimating @newmanmisland.com
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EXHIBIT A
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EXHIBIT B
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4006 / Costa Mesa Police Dept.

Indoor Range Upgrades Project

04.12.2022.
14 2101 - 1 ELECTRIC LIFT
SECTION 14 2101

ELECTRIC LIFT
PART 1 GENERAL

1.01 SECTION INCLUDES
A. Design/Build system for an Electric/Hydraulic Lift: Limited Use, Limited Application.

B. Deferred Review and Approval by Building Department and Structural Engineer of Record.

C. Deferred Review and Approval and Certification by State Governing Authorities.

1.02 REFERENCE STANDARDS
A. ASME A17.1/CSA B-44. Section 5.2 LU/LA Elevators. ADA (Americans with Disabilites Act)

1.03 ADMINISTRATIVE REQUIREMENTS
A. Coordination:

1. Coordinate with existing Conditions including electrical and mechanical.

2. Coordinate with existing Built conditions.

3. Coordinate with required clearances.

4. Coordinate with Structural modifications as shown on the Drawings.

5. Coordinate with State and Local regulations.

B. Deferred Approvals:

1. Contractor to Submit Shop Drawings, etc. for Building Department and Structural Engineer of Record Review and Approval.

2. Contractor to Submit Electrical/Power requirements for coordination with existing Building power supply. Electrical Engineer of Record shall review the information.

1.04 SUBMITTALS
A. Product Data: Approvals and Warranties.

B. Shop Drawings: Indicate vertical and horizontal clearances and existing conditions.

C. Erection Drawings: Indicate required clearances and method of installation (including access through building).

D. Manufacturer's Instructions: Indicate installation process.

E. Installer's qualification statement.

F. Testing agency's qualification statement.

G. Executed warranty.

1.05 QUALITY ASSURANCE
A. Manufacturer Qualifications: Company specializing in manufacturing products specified in this section, with at least three years of documented experience.

B. Installer Qualifications: Company specializing in performing work of the type specified and with at least three years of documented experience.

1.06 FIELD CONDITIONS
A. Existing Conditions: Review existing site and utilities.

PART 2 PRODUCTS

2.01 SYSTEMS
A. Manufacturers:

1. Garaventa Lift, www.garaventalift.com.

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4006 / Costa Mesa Police Dept.