07 - Newport Coast Pickleball Courts (Project No. 22P13) — Award of Contract No. 9018-2 — Newport Beach City Council, October 24, 2023

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CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 24, 2023
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer,
[email protected]
PHONE: 949-644-3321
TITLE: Newport Coast Pickleball Courts (Project No. 22P13) — Award of Contract No. 9018-2
ABSTRACT:

City of Newport Beach (City) staff received construction bids for the Newport Coast Pickleball Courts project and requests City Council approval to award the construction contract to Green Giant Landscape, Inc. of La Habra. This project constructs eight new pickleball courts on Newport Ridge Park, in accordance with the lease agreement the City has with Newport Ridge Community Association (NRCA).

RECOMMENDATIONS:
a) Receive that the Notice of Exemption was filed and posted with the County of Orange on June 15, 2022 after the May 24, 2022 City Council meeting approving the lease agreement with NRCA and the Council finding the project categorically exempt pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures); b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 24-030 appropriating $231,236 in new revenue and expenditures from the State of California Department of Parks and Recreation to Account No. 13501-980000-22P13 and appropriating $58,364 in increased expenditures in Account No. 14101-980000-22P13 from the Building Excise Tax unappropriated fund balance;
d) Award Contract No. 9018-2 to Green Giant Landscape, Inc. for the bid price of $1,089,220 for the Newport Coast Pickleball Courts, and authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $110,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 7-1

Newport Coast Pickleball Courts (Project No. 22P13) —Award of Contract No. 9018-2 October 24, 2023

Page 2 ends

DISCUSSION:

The sport of pickleball has grown in popularity in Newport Beach and around the country in recent years. The City currently has four public pickleball courts and due to the increase in demand from residents, an opportunity to add a pickleball complex was identified at Newport Ridge Park.

Newport Ridge Park is a 11.32-acre, private park site located at 6331 Newport Ridge Drive in the Newport Coast community. The park is owned and managed by NRCA, the Homeowners Association for the Newport Ridge housing development.

In June 2021, the Parks, Beaches & Recreation Commission (PBR) appointed three commissioners to serve on the Newport Ridge Park Pickleball Courts Ad Hoc Committee.

The committee worked collaboratively with NRCA board members, the Recreation and Senior Services Department, and the Public Works Department to develop plans for the project.

In May 2022, the City entered into a Lease Agreement with NRCA to develop, operate, and maintain eight, unlit courts to be located along the eastern edge of the park adjacent to the City -owned Newport Coast Community Center parking lot.

The eight Pickleball courts will be constructed to industry specifications and the site will be provided with a shaded viewing area, benches, trash cans, a bike rack, and a water fountain/bottle filling station. The existing Newport Coast Community Center will provide public parking with its 120 available parking spots. Two of the courts will be equipped with a key fob system for NRCA resident access only.

At 10 a.m. on September 28, 2023, the City Clerk opened and read the following bids for this project:

BIDDER

TOTAL BID AMOUNT
Low
Road Safe Traffic Systems, Inc.*
$ 5,750*
2nd
Green Giant Landscape, Inc.
$ 1,089,220
3rd
Klassic Engineering & Construction, Inc.
$ 1,605,698
4th
JMJ Construction, Inc.
$ 1,664,510
5th
KASA Construction, Inc.
$ 1,866,826
6th
Bedrock Group, Inc.
$ 1,879,320
7th
Armstrong Cal Builders, Inc.
$ 1,994,504
8th
MMG Engineering, Inc.
$ 2,021,021
9th
Los Angeles Engineering, Inc.
$ 2,707,000
10th
Act 1 Construction, Inc.
$ 2,707,909
11th
Gentry General Engineering, Inc.
$ 2,953,038
*Non -responsive Bid
The City received 11 bids for this project. The apparent low bidder, Road Safe Traffic Systems, Inc., was deemed non -responsive since it did not submit the necessary bid documents as required and described in the Instructions to Bidders. 7-2

Newport Coast Pickleball Courts (Project No. 22P13) —Award of Contract No. 9018-2 October 24, 2023

Page 3 ends

The second lowest bidder, Green Giant Landscape, Inc., possesses a California State Contractor's License Classification "A", as required by the project specifications. A review of references for Green Giant Landscape, Inc. shows satisfactory completion of similar contracts for other municipalities and the City, including the existing Bonita Sports Park pickleball courts.

Green Giant's bid came in at approximately 9% above the Engineer's Estimate of $1,000,000.

After the bid opening, the City received two bid protests claiming deficiencies in the apparent low bidder's responsiveness and ability to perform the work. The City reviewed both the protests and the responses from Green Giant as part of the recommendation process. The protest letters and responses are included as attachments to this report.

Pursuant to the contract specifications, the Contractor will have 80 consecutive working days to complete the work. Work is scheduled to start in December.

The project plans and specifications will be available for review at the October 24, 2023 City Council meeting or upon request.

FISCAL IMPACT:

The main source of funding for this project is the City's Facilities Financing Plan (FFP).

Currently, the FFP has a budget of $920,400 allocated to this project. The remaining $289,600 required for the project will come from two non -General Fund sources, Proposition 68 (Parks and Water Bond Act of 2018) state grant funds in the amount of $231,236 and Building Excise Tax (BET) funds in the amount of $58,364. The BET fund was developed to account for property development taxes imposed on construction and occupancy of all residential, commercial, industrial units, and mobile home parks for which a building or construction permit is issued. BET funds are used for acquiring, improving, expanding and equipping City fire stations, City libraries and City parks as provided by Chapter 3.12 of the Newport Beach Municipal Code.

The following funds will be expended:

Account Description
Facilities Financing Plan
Account Number
56201-980000-22 P 13
Parks/Community Centers Fund
Contributions Fund (State of 13501-980000-22P13
California Department of Parks and
Recreation Proposition 68 Grant)
Building Excise Tax Fund 14101-980000-22P13
Total:

Amount
$ 920,400
$ 231,236
$ 58,364
$ 1,210,000
7-3

Newport Coast Pickleball Courts (Project No. 22P13) —Award of Contract No. 9018-2 October 24, 2023

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Proposed uses are as follows:

Vendor
Green Giant Landscape, Inc
Green Giant Landscape, Inc
GMU Geotechnical, Inc.

Various
Purpose
Construction Contract
Construction Contingency
Geotechnical Testing
Printing & Incidentals
Total:
$ 1,089,220
$ 110,000
$ 9,590
$ 1,190
$ 1,210,000
Staff recommends establishing $110,000 (approximately 10 percent of total bid) for contingency purposes and unforeseen conditions associated with construction. Bid pricing is favorable and the contractor has performed well for the City on past projects.

ENVIRONMENTAL REVIEW:

At the May 24, 2022 City Council meeting approving the lease agreement with NRCA, the City Council found the project categorically exempt pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). The Notice of Exemption was filed and posted with the County of Orange on June 15, 2022.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A
— Location Map
Attachment B
— Budget Amendment No. 24-030
Attachment C
— KEC Bid Protest
Attachment D
— Green Giant Response to Bid Protest
Attachment E
— Kasa Construction Bid Protest
Attachment F
— Green Giant Response to Kasa Construction Bid Protest 7-4

ATTACHMENT A

PICKLEBALL NEWPORT COAST

COURTS - COMMUNITY
CENTER

SAN JOAQUIN HILLS ROAD
0 a
O
Y �
a �
w O�
G V
O�

LIMITS OF WORK

NEWPORT COAST CITY OF NEWPORT BEACH

PICKLEBALL COURTS PUBLIC WORKS DEPARTMENT
LOCATION MAP C-9018-2 22P13 10/24/23
7-5

ATTACHMENT B
_ City of Newport Beach

BUDGET AMENDMENT
2023-24 BA#: 24-030
Department: Public Works
ONE TIME. ❑� Yes ❑ Na
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director : rc� Date
E COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:

Appropriate new grant revenue and expenditures from the State of California Department of Parks and Recreation and ❑ from existing budget appropriations unappropriated Building Excise Tax Funds for the Newport Coast Pickleball Courts project (22P13). 0 from additional estimated revenues ❑� from unappropriated fund balance

REVENUES
Fund If
Org
Object
Project
Description
Increase or (Decrease) $
135
13S01
431455
221313

CONTRIBUTIONS FUND CIP - OTHER GOVT GRANTS
231,236.00
Subtotal $ 231,236.00

EXPENDITURES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
135
13501
980000
22P13

CONTRIBUTIONS FUND CIP - CIP EXPENDITURES FOR GL
231,236.00
141
14101
980000
221313

BUILDING EXCISE TAX CIP - CIP EXPENDITURES FOR GL
58,364.00
Subtotal $ 289,600.00

FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
13S
300000

CONTRIBUTIONS FUND - FUND

BALANCE CONTROL
141
300000

BUILDING EXCISE

TAX FUND
- FUND BALANCE CONTROL
(S8,364.00)
Subtotal $ (58,364.00)
Fund Balance Change Required
7-6

Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts

ATTACHMENT C
Klassic Engineering and Construction, INC
250 S Tustin ST. Orange, CA 92866
Tuesday, October 3, 2023
TO: City of Newport Beach -Public Works
C/O Benjamin Davis -Associate Civil Engineer
100 Civic Center Drive
Newport Beach, CA 92660
RE: Newport Coast Pickleball Courts -Contract No. 9018-2 Project Bid City of Newport Beach -Public Works -Mr. Benjamin Davis, Klassic Engineering and Construction Inc. (hereafter referred to as KEC) is writing this letter in reference to the Bid proposal submitted by Green Giant Landscape Inc. for the Newport Coast Pickleball Courts- Contract No. 9018-2 Project (Hereafter referred to as "The Project") that bid via the Planetbids Website Portal for the City of Newport Beach which had a bid deadline of Thursday, September 28th, 2023 at 10:00 a.m. after which KEC requested a copy of the Bid submittal submitted by Green Giant Landscape for the project which was provided by the City of Newport Beach via email on Thursday, September 281h, 2023 at approximately 4:32 p.m. (PST). After KEC reviewed Green Giant Landscape Inc.'s Bid submittal, it was found to be non -responsive to the requirements set forth in the Instructions to Bidders of the project and Labor Code Law.

Per the "Designation of Subcontractor(s)-Affidavit" (Page 9 of the Bid Package provided via Planet bids with a file name of 1. CIP MASTER FORMAL CONTRACT.pdf') it states that "State Law requires the listing of all subcontractors who will perform work in an amount in excess of one-half percent of the Contractor's total bid (the Green Giant Landscape Inc's executed version of this document is attached as "Exhibit A" to this letter). If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work." Per the "INSTRUCTIONS TO BIDDERS" of Note 1 on page 1, relating to the document "Designation of Subcontractors Acknowledgement (subcontractor information to be submitted via Planetbids)" (this document is attached as "Exhibit B" to this letter). Per the "Subcontractors" tab of the Bid Results for Green Giant Landscape Inc., it listed only two (2) subcontractors: 1. On Point Land Surveying with a description of their scope of work to be "Survey project areas" and has no CSLB license listed 2. Taylor Tennis Courts, Inc. is listed with a description of their scope of work being "Surface Courts" with a CSLB License Number of #373423 for a C61/D47-Tennis Court Surfacing, Playground Surfacing (this document is attached as "Exhibit C" to this letter). However, Green Giant Landscape failed to list any Electrical Subcontractor to perform the Electrical Scope of Work detailed throughout the project. Per "2020 California Code Labor Code -LAB DIVISION 1-DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTER 4.5.-Electronic Certification Section 108.2 (a) Persons who perform work as electricians shall become certified pursuant to Section 108. Uncertified persons shall not perform electrical work for which certification is required." Green Giant Landscaping Inc. holds only an A -General Engineering/C-27-Landscaping/C13-Fencing for their respective Contractors State License Board #670478 (attached as "Exhibit E" to this letter).

The various Electrical Scope of Work throughout the Project and directly referenced on sheet L3.1, Section 2.08 Electrical Wiring and Service: A. High Voltage 1. Electrical service to the automatic controller shall 7-7

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Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Klassic Engineering and Construction, INC
250 S Tustin ST. Orange, CA 92866
be in accordance with Division 16 Sections. B. Low Voltage of the "Irrigation Specifications" for this project. Green Giant Landscape Inc. failed to satisfy the requirements of the "Designation of Subcontractors Affidavit" as they did not list an Electrical Subcontractor with a C-7 Low Voltage or C-10 Electrical license, nor do they hold the appropriate license to self -perform this work. Lastly, as Green Giant Landscape Inc. listed Bid Line Item #8 "ELECRICAU to be $20,000.00, with a total Bid Price of $1,089,220.00 this would make Bid Line Item #8 equal to

1.83%. Please also note that there is additional Electrical work called out in Section 9-Measurement and Payment for Bid Line Item No. 2 "...removing existing electrical conduit and safe off wire for proposed HOA gate security system," which would also require an appropriately licensed Electrical Subcontractor of Green Giant Landscape Inc. to be listed or Green Giant Landscape Inc. to hold the appropriate Electrical license classifications.

Due to these oversights, Klassic Engineering and Construction Inc. believes Green Giant Landscape Inc.'s Bid proposal for the Newport Coast Pickleball Courts Project to be non -responsive and should, therefore, be considered as such by the City of Newport Beach. KEC looks forward to the City of Newport Beach's response to this matter and commitment to an equal and fair bidding process.

Respectfully,
Alexander Shirali
Operations Manager
7-8

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Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Exhibit A
City of Newport Beach

NEWPORT COAST PICKLEBALL COURTS
Contract No. 9018-2

DESIGNATION OF SUBCONTRACTORS) -AFFIDAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable.

Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract.

The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior appro ewport Beach. Bidders must also include DIR registration numbers for each subcontrac /
Bidder
0

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7-9

Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Exhibit B City of Newport Beach

NEWPORT COAST PICKLEBALL COURTS
Contract No. 9018-2

INSTRUCTIONS TO BIDDERS

1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS:

INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids)

CONTRACTOR'S INDUSTRIAL SAFETY RECORD

INFORMATION REQUIRED OF BIDDER

ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids)

TECHNICAL ABILITY AND EXPERIENCE REFERENCES

NON -COLLUSION AFFIDAVIT

DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)

2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office.

3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid.

3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.

4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices.
3 7-10

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Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 10/3/23, 12:12 PM PlanetBids Vendor Portal
Exhibit C
Newport Coast Pickleball Courts 9018-2
Bid Result Detail
Showing 2 Subcontractors
On Point Land Surveying Inc. License #: 8601 $10,000.00 Survey project areas Name
On Point Land Surveying Inc.

Amount
$10,000.00
Percent

0.92%
Description
Survey project areas
Vendor Code
License Type
License #
8601
Exp. Date
Grand Total
$1,089,220.00
https://pbsystem.planetbids.com/portal/22078/bo/bo-detail/109494#bidResultDetail ■
9 Done
7-11

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Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 10/3/23, 12:12 PM PlanetBids Vendor Portal
Address
1910 Orange Tree Lane
Exhibit C
City
Redlands
State
California
Country
United States
Zip
92374
Taylor Tennis Courts, Inc. License #: 373423 License Type: C-61 $30,000.00 Surface courts
Name
Taylor Tennis Courts, Inc.

Amount
$30,000.00
Percent

2.75%
Description
Surface courts
Vendor Code
License Type
Grand Total
$1,089,220.00
373423
https://pbsystem.planetbids.com/portal/22078/bo/bo-detail/109494#bidResultDetail 7-12

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Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 10/3/23, 12:12 PM PlanetBids Vendor Portal
Exhibit C
Exp. Date
05/31/2025
CADIR
1000007799
Address
31441 Santa Margarital Pkwy
City
Rancho Santa Margarita
State
California
Country
United States
Zip
92688
Grand Total
$1,089,220.00
7 https://pbsystem.planetbids.com/portal/22078/bo/bo-detail/109494#bidResultDetail 7-13

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Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts 2020 California Code
Labor Code - LAB Exhibit D
DIVISION 1- DEPARTMENT TMEI T F INDUSTRIAL RELATIONS
I
CHAPTER 4.5 - Electrician Certification
Section 1..

Universal Citation: CA Labor Cade § 108. (020)
108,2.
{a) Persons who perform work as electricians shall becorne certified pursuant to Section 108. Uncertified persons shall not perform electrical work For which certification is required. 7-14

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Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Exhibit E
. HomeF-3 W
+

CONTRACTORSSTATE LI EN E B AIT
()Contractor's License Detail for License # 670478
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ► CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. ► Only construction related civiljudgments reported to CSLB are disclosed (B&P 7071.17). ► Arbitrations are not listed unless the contractor fails to comply with the terms. ► Due to workload, there maybe relevant information that has not yet been entered into the board's license database.

This license is current and active.

All information below should be reviewed.
► A- GENERAL ENGINEERING
► C27-LANDSCAPING
► C13 - FENCING
Data current as of 10/3/2023 12:05:59 PM
Business Information

GREEN GIANT LANDSCAPE INC
941- A MACY STREET
LA HABRA, CA 90631
Business Phone Number:(562) 690-6208
Entity
Corporation
Issue Date
05/03/1993
Reissue Date
05/02/1996
Expire Date
05/31/2024
License Status
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: 100373397
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual DONALD LOUIS HENDERSON certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 04/16/2018
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the OAK RIVER INSURANCE COMPANY Policy Number:GRWC425425
Effective Date: 04/01/2023
Expire Date: 04/01/2024
Workers' Compensation History

Page 9 of 10 ends

7-15

Klassic Engineering & Construction Inc. Bid Protest of Green Giant Landscape Inc. for Newport Coast Pickleball Courts Miscellaneous Informatior
► 05/02/1996 -LICENSE REISSUED TO ANOTHER ENTITY
Exhibit E
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright © 2023 State of California

Page 10 of 10 ends

7-16

ATTACHMENT D
I&IGRIEN GIANT tANDSCAPE INC.

October 4, 2023
City of Newport Beach
C/O Benjamin Davis -Associate Civil Engineer
100 Civic Center Drive
Newport Beach, Ca 92660
RE: Newport Beach Pickleball Courts -Contract No. 9018-2 Project Bid Dear Mr. Davis,
STATE LIC. A&C-27, # 670478
Green Giant Landscape is in receipt of the protest letter filed by Klassic Engineering and Construction dated 10/3/23.

Per the contents of their protest, we dispute their allegations.

On -Point Land Surveyors has a license for surveying, please see attached from the California Board for Professional Engineers, Land Surveyors and Geologists and the pocket license issued from the State.

As for not listing an Electrician, there is not a need for a C-10 license as the project is requiring only laying conduit with no hook ups for electrical being performed. Per the City's specs, there was not a requirement for an Electrical license, only an A.

If you have any questions, please contact me.

Sincerely,
Donald L. Henderson
President
941-A Macy Street • La Habra, GA 00651-5400 . (562) 690-6208 • Fax (562) 690-5029 E-Mail: Ici.com 7-17

BOARD FOR PROFESSIONAL ENGINEERS,

LAND SURVEYORS, AND GEOLOGISTS
LICENSING DETAILS FOR: 8133
NAME: SMITH, ANTHONY DONOVAN
LICENSE TYPE: LAND SURVEYOR
LICENSE STATUS: CLEAR

ADDRESS
1906 ORANGE TREE LN 240
REDLANDS CA 92374

SAN BERNARDINO COUNTY

ISSUANCE DATE
SEPTEMBER 8, 2006

EXPIRATION DATE
DECEMBER 31, 2024

CURRENT DATE / TIME
OCTOBER 4, 2023
10:55:6 AM
7-18

Remove your new Pocket License Board for Professional Engineers, Land Surveyors, and Geologists 2535 Capitol Oaks Drive, Suite 300
from the receipt portion and carry Sacramento, CA 95833-2944 with you at all times. 916 999-3600
11/12/22
11/1,2/22 CUTIHER1

BOARD FOR PROFESSIONAL ENGINEERS

CUT HER LAND SURVEYORS, AND GEOLOGISTS
2535 CAPITOL OAKS DRIVE, SUITE 300
SACRAMENTO, CA 95833-2944
016) 999-3600 Tolt Free. (866) 780-5370

LAND SURVEYOR
LICENSE NO. L 8133 EXPIRATION
12/31/24

ANTHONY DONOVAN SMITH
412 WILBAR CIR
REDLANDS CA 92374
I M P 0 R T A N T
I. Please include your License Number on any correspondence to this office.

2. Notify the Board of any name or address change in writing.

3. Report any loss of this License immediately in writing to the Board.

4. Please sign and carry the Pocket License with you.
5, Please laminate your License to avoid deterioration. 0 S i V , 47 " offi ec z Es 3 �- I U

LICENSE NO, EXPIRATION DATE RECEIPT NO,
Signatura RECEIPT NO, L 8133 12/31/24 23152087
23152087 This is your receipt. Please save for your records.

PPRL 10/08/20
7-19

ATTACHMENT E
I
K-PvErA--
0C3NS_FFZUC_F1C3N
Building the Foundation for our Future
CA License No. 927544 1 Classifications: A, B, C-27, C-10 September 29, 2023
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Project: Newport Coast Pickleball Courts
Subject: BID PROTEST
Bid Date: September 28, 2023
This letter shall be construed as a Formal Bid Protest against the apparent three lowest bidders —Green Giant Landscape, Inc.; Klassic Engineering & Construction, Inc.; and JMJ Construction —for various reasons as explained below.

Green Giant Landscape, Inc.

Green Giant Landscape, Inc. (hereinafter referred to as "Green Giant") failed to list the Title of the signer, Donald Luis Henderson, on the submitted Bidder's Bond:
_clay Se tmrber &
Aoiz hurltle i M
Per the instructions on page 17 of the proposal, if the bidder is a Corporation, the "legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation" (emphasis added). Green Giant's President signed the page and the corporate seal was attached:
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-20

1 K-PvEvA--
OlE3NS-FFZUC-F1C3N
Building the Foundation for our Future
CA License No. 927544 1 Classifications: A, B, C-27, C-10 The above information was compiled from the records that are available tome at this time and I declare under penalty of perjury that the Information Is true and accurate within the limitations of those s.

Signature of
bidder
,ate 5� 7 a 3
Title ___¢r�°-S{cGrvh
Signature of
bidder see attached CalWomia durat
Date
However, a second signature was not made as stated in the instructions, nor was a corporate resolution attached to the proposal as evidence of the signatory's authority to act on behalf of the corporation. Green Giant is a corporate entity as shown on its DIR Registration page:
ontractor Information
Legal Entity Name
GREEN GIANT LANDSCAPE, INC.

Legal Entity Type
Corporation
5tatu s
Active
Registration Number
1000014238
Registration effedive date
07/01/23
Registration expiration date
06/30/24
Mailing Address
941-A MACY STREET LA HABRA90631 CA United States of America Physical Address
941-A MACY STREET LA HABRA 90631 CA United States of America Email Address
[email protected]
Trade Name1DBA
License Number (s)
CSLB:67047,3
CSLB:67047,3
In addition, page 20 of the "Information Required of Bidder" document states, "For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide." Green Giant answered no to this question:

For all arbitrations, lawsuits, settlements or the like (in or out of Court) you have been involved in with public agencies in the past five years (Attach additional Sleets if necessary) provide: V,;9
Provide the names, addresses and telephone numbers of the parties; Yet, Green Giant is currently debarred from bidding on or accepting any public works contracts in the City of West Covina, as shown by the City's debarment listing:
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-21

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CA License No. 927544 1 Classifications: A, B, C-27, C-10

DEBARMENT LISTING
The following contractors are currently barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor, for the period set forth below For questions regarding this list contact the Purchasing Manager Name of Contractor
Period of Debarment
J MJ Construction
30724 Benton Road, Suite C302
Permanent
Winchester, CA 92596
Date Debarred June 27,2016
Donald Louis Henderson
Green Giant Landscape, Inc
Permanent
941-A Macy Street
Date Debarred October 30, 2017
La Habra, CA 90631-3400
Bob's Towing
150D7 E. Salt Lake Avenue
Permanent
La Puente, CA 91746
Date Debarred November 23, 2018
Mr_ AI-Badawi
The debarment listing is attached and can be accessed by clicking the following link:
https://www.westcovina.org/departments/city-manager-s-office/transparency . Green Giant's debarment is current and permanent, and it is clearly an arbitration, lawsuit, settlement or the like with a public agency in the past five years as stated on page 20 of the proposal. Page 21 states that "failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive." Based on the above findings, it is without a doubt that Green Giant Landscape, Inc. is Non -Responsive and its Bid Proposal should not be considered for this project. It failed to follow the City's instructions in completing its Proposal and it failed to answer all questions accurately and truthfully. Green Giant's omissions and mistakes are far from being minor informalities and irregularities and should not be interpreted as such in the Bid Proposal submitted.

Green Giant Landscape & JML Construction are permanently debarred and cannot bid on Public Works Projects.

Klassic Engineering & Construction, Inc.

Klassic Engineering & Construction, Inc. (hereinafter referred to as "Klassic") failed to list the Title of the signer, Keivan Shirali, on the submitted Bidder's Bond page and other pages:
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-22

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CA License No. 927544 1 Classifications: A, B, C-27, C-10 rinapal shall not exonerate the Surety_from its obligations _day of
Per the instructions on page 17 of the proposal, if the bidder is a corporation, the "legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation" (emphasis added). Klassic's President signed the page but a corporate seal does not appear to be attached:

The above information was compiled from the records that are available to me at this time and i declare under penalty of perjury that t i rmation is true and accurate within the limitations of those records.

Signature of
bidder
Date W26i2o23
Title C.E.O./PresidentlTreasureriSecretary/Manager Thereof Signature of
bidder
Furthermore, a second signature was not made as stated in the instructions, nor was a corporate resolution attached to the proposal as evidence of the signatory's authority to act on behalf of the corporation. Klassic is a corporate entity as shown on its DIR Registration page:
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-23

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CA License No. 927544 1 Classifications: A, B, C-27, C-10 �ontractor Information
Legal Enfrty Name
KLASSIC ENGINEERING AND CGNSTRUCTIGN INC.

Legal Enfrty Type
Corporation
Status
Active
Registration Number
1000014420
Registration effective date
07/01/23
Registration expiration date
06/30/24
Mailing Address
250 SJUSTIN AVE GRANGE 92866 CA United States of America Physical Address
250 SJUSTIN AVE GRANGE 92866 CA United States of America Email Address
info@ke€igroup.€om
Trade Name/DBA
KLASSIC ENGINEERING AND CGNSTRUCTIGN INC.

License Number (s)
CSL&759241
CSLR759241
Klassic's Non -Collusion Affidavit was not completed correctly. The "County of " portion was left blank:

City of Newport Beach
NEWPORT COAST PICl4LEBALL COURTS
Contract No. 9018-2

NON -COLLUSION AFFIDAVIT
State of California f
ss.

County of 1
Keivan Shirah being first duly sworn. deposes and says that he or she is C.E.fllpree�tlenlRreaeureN3errelerynJar er Th-I& of Klassic Engvie ng and Conauudion im the party making the! In addition, Klassic only listed three references on the "Technical Ability and Experience References" pages.

All three references are tenant improvement projects with scopes minimally similar to the scope outlined in Newport Coast Pickleball Improvements. A park improvement project with extensive earthwork, drainage, and hardscape improvements requires an experienced contractor. References outlining HVAC work, framing repairs, or window replacements have no relevance to this project.

Lastly, Klassic has a history of not completing public works projects and not performing projects in accordance with all applicable state and federal laws. On August 17, 2021, the Long Beach City Council approved a takeover agreement with a new contractor to complete a project originally awarded to Klassic. According to an 15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-24

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CA License No. 927544 1 Classifications: A, B, C-27, C-10 article in the Press -Telegram, Klassic was unable to meet the City's deadlines and performance goals. The article is attached and can be accessed by clicking the following link:
https://www.presstelegram . com/2021 / 10/ 19/a-new-contractor-will-finish-long-beachs-alamitos-beach- concessions-
proj ect/#:—: text=A%20new%20contractor%20will%20finish%20building%20the%20Alamitos%20Beach%20c oncession,to%20gpprove%20a%20takeover%20agreement. The 2021 takeover agreement clearly constitutes a contract termination, and Klassic was unable to complete the job. However, on page 20 of the "Information Required of Bidder" document, Klassic answered "N/A" to both questions about contract termination and project history:

Have you ever had a contract terminated by the ownerlagency7 If so, explain.

Kra
Have you ever failed to complete a project? If so, explain.

WA
Furthermore, Klassic recently was or still is involved in litigation with the City of Long Beach. Preliminary information about their lawsuit can be accessed by clicking the following link:
https://www.lacourt.org/casesummgry/ui/casesummar� aspx?#CAS. Yet, on page 20 of the "Information Required of Bidder" document, Klassic answered "N/A" to the question about arbitrations and lawsuits:

For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets of necessary) Provide:

Provide the names, addresses and telephone numbers of the parties; H/A
Klassic has also allegedly not paid contributions to several labor union funds. A complaint was fled in US Federal Court on March 15, 2017 against Klassic by the Cement Masons Southern California Health and Welfare Fund. An article documenting the litigation is attached and can be accessed by clicking the following link: https://norcalrecord.com/stories/511096045-kassic-en ing Bering-and-construction-inc-alleged-to-have-not- paid-contributions.

Based on the above findings, it is without a doubt that Klassic Engineering & Construction, Inc. is Non - Responsive and its Bid Proposal should not be considered for this project. It failed to follow the City's instructions in completing its Proposal and it failed to answer all questions about its history accurately and truthfully. It has a poor track record performing and finishing public works projects meeting Client objectives 15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-25

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CA License No. 927544 1 Classifications: A, B, C-27, C-10 and adhering to all applicable state and federal labor laws. As such, Klassic's omissions and mistakes are far from being minor informalities and irregularities and should not be interpreted as such in the Bid Proposal submitted.

JMJ Construction
JMJ Construction (hereinafter referred to as "JMJ") failed to sign the Bidder's Bond, as shown on the submitted document:

Witness our hands this �filh day of 5ep(tmber . 2023-
JMJ Construction
Name of Contrar-tor (Principal)
The Gray Casualty and stucty Company
Name of Surety
Authorized SignaturefTitle
c____ www.kasaconstruction.com
7-26

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CA License No. 927544 1 Classifications: A, B, C-27, C-10 Bidder's Name JMJ Construction
Record Last Five (5) Full Years
Current Year of Remrd
Current
Reoord
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2022
2021
2020
2019
2018
Total
2023
No. of contracts
1 2
1 1
1 1
7 Total dollar
Amount at
Contracts (in
1 mil
2 mil
1 mil
8110
8W
gpp

6.4 mil
Thousands of $
No. of fatalities
0 0
0 0
p
0 p
No. of lost
Wotktlay Cases
D
D
No. of lost
x+orkday cases
involving
permanent
transfer to
D
0 another job or
0 0
0 termination of
D
0 em la meet
i nu rnronnaeon fequireo ror mese Items 1$ me same as required for columns 3 to 6, Code 10, Occupatonal Injuries, Summary --Occupational Injuries and illnesses, OSHA No. 102.

Furthermore, page 20 of the "Information Required of Bidder" document states, "For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide." JMJ answered no to this question:

Have you ever had a contract terminated by the ownerlagency? If so, explain.

Na
Have you ever failed to complete a project? If so, explain.

N4
Yet, JMJ is currently debarred from bidding on or accepting any public works contracts in the City of West Covina, as shown by the City's debarment listing:

DEBARMENT Lf5TING
The following contractors are currently barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor, for the period set forth below For questions regarding this list contact the Purchasing Manager Name of Contractor
Period of Debarment
JMJ Construction
Permanent
30724 Renton Road, Suite C302
bate debarred June 27,2016
Winchester, CA 92596
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-27

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CA License No. 927544 1 Classifications: A, B, C-27, C-10 The debarment listing is attached and can be accessed by clicking the following link:
https://www.westcovina.org/departments/city-manager-s-office/transparency . JMJ's debarment is current and permanent, and it is clearly an arbitration, lawsuit, settlement or the like with a public agency in the past five years as stated on page 20 of the proposal. Page 21 states that "failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive." Lastly, per the instructions on page 17 of the proposal, if the bidder is a corporation, the "legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation" (emphasis added). JMJ's President signed the page but a corporate seal does not appear to be attached:

I V30 PrOWdOnl
The above informaWn was compiled from the records that are availabie to me at this time and I declare under p atty of pelvry that the information is true and accurate within the limitations of those rye rds.

Signature of
bidder _
Date W
Title N
Signature of
bidder _
Date
TiNp
Furthermore, a second signature was not made as stated in the instructions, nor was a corporate resolution attached to the proposal as evidence of the signatory's authority to act on behalf of the corporation. JMJ is a corporate entity as shown on its DIR Registration page:

Contractor Information
Legal Entity Name
1M1 CONSTRUCTION
Legal EntityType
Corporation
Status
Active
Registration Number
1000010912
Registration effective date
07/01/23
Registration expiration date
06/30/25
Mailing Address
40209 Medford Road Temecula 92591 CA United States of America Physical Address
40209 medford road temecula 92591 CA United States of America Email Address
[email protected]
Trade Name/a6A
License Number [s]
CSL&938561
CSL&938561
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-28

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CA License No. 927544 1 Classifications: A, B, C-27, C-10 Based on the above findings, it is without a doubt that JMJ Construction is Non -Responsive and its Bid Proposal should not be considered for this project. It failed to submit a signed Bidder's Bond, it failed to follow the City's instructions in completing its Proposal, and it failed to answer all questions about its history accurately and truthfully. As such, JMJ's omissions and mistakes are far from being minor informalities and irregularities and should not be interpreted as such in the Bid Proposal submitted.

Summary
In order to be awarded the Newport Coast Pickleball Courts contract, the apparent lowest bidder must be both "Responsive" and "Responsible." In reference to the California Department of General Services, these terms are defined as:

Responsive Bid: A bid is considered responsive if it indicates compliance without material deviation from the requirements of the solicitation and the terms and conditions of the proposed contract.

Responsible Bidder: A bidder is responsible if they possess the experience, facilities, reputation, financial resources and are fully capable of performing the contract.

Based on the above findings, it is without a doubt that Green Giant Landscape, Inc., Klassic Engineering & Construction, Inc., and JMJ Construction do not have the experience, facilities, and reputation to fully perform the contract in compliance with the law. Awarding the contract to any of the three contractors would not serve the public good when claims arise from their individual inability to meet the deadlines and demands of public agencies.

As stated several times in the proposal, the City reserves the right to disqualify any bidder who does not submit a complete and truthful Bid Package:

Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive.

All three apparent low bidders submitted Bid Proposals with major inaccuracies, omissions, and even falsehoods. These mistakes, besides other things, are far from being minor informalities or irregularities and they should not be waived or overlooked by the City.

KASA Construction respectfully requests that the City of Newport Beach consider the above findings and make a fair and proper determination to deem the Bids by Green Giant Landscape, Inc., Klassic Engineering & Construction, Inc., and JMJ Construction NON -RESPONSIVE and Award the contract to KASA Construction, Inc.
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-29

1*1%-SA-- 4 P

CONSTRUCTION
Building the Foundation for our Future
CA License No. 927544 1 Classifications: A, B, C-27, C-10 If there is any additional information needed, please do not hesitate to call me at the number below.

Respectfully,
Hector Zavala
Estimator
KASA Construction, Inc.
15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 7-30

Klassic Engineering and Construction Inc. alleged to have not paid contributions I Northern Californ https://norcalrecord.com/stories/511096045-klassic-engineering-and-construction-inc-alleged-to-hay ...

NORTHERN CALIFORNIA RECORD
Friday, September 29, 2023
Lawsuits Hot Topics Attorneys & Judges Campaigns & Elections Legislation Asbestos State Court Federal Court Reform Discipline Legal Roundup Opinion - Directory
Home u Stones n 2017 u March
Klassic Engineering and Construction Inc. alleged to
have not paid contributions
By Wadi Reformado
Mar 21, 2017
LOS ANGELES — An Orange County business is alleged to have not paid contributions to several labor union funds.

Board of Trustees of the Cement Masons Southern California Health and Welfare Fund, et al. filed a complaint on March 15 in the U.S. District Court for the Central District of California against Klassic Engineering and Construction Inc. alleging breach of contract and violation of the Employee Retirement Income Security Act.

According to the complaint, the plaintiffs allege that they suffered damages due to unpaid and late paid contributions from periods in 2013 and 2014. The plaintiffs hold Klassic Engineering and Construction, Inc. responsible because the defendant allegedly breached its bargaining agreement with the plaintiff by failing to make contributions on behalf of its employees.

The plaintiffs seek unpaid contributions and damages plus audit contributions in the amount of $5,913.58, plus any additional unpaid contributions, interest Of 7 percent, liquidated damages at the rate of 10 percent, all legal fees and any other relief as the court deems just. They are represented by Kathryn J. Halford, Elizabeth Rosenfeld and Nicholas I. Starkman of Wohlner Kaplon Cutler Halford & Rosenfeld in Encino.

U.S. District Court for the Central District of California, Western Division Case number 2.17-cv-02072 - DMG-AS

Newport Beach City CouncilOctober 24, 2023

Newport Beach City Council
October 24, 2023