Att
achment B
Protest Letter (R. E. Schultz Construction Inc.)
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
2024
-2025 Playground Improvements Project
CON
TRACT NO. C-9753-1
INT
RODUCTION
All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B-5332-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City’s Design Criteria and Standard Drawings for Public Works Construction are available at the following website:
htt
p://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-publi c-works-construction or call 888-BNI BOOK (888-264-2665).
The
following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter:
PART 1 - GENERAL PROVISIONS
SEC
TION 1 – TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2
TERMS AND DEFINITIONS
Add the following definition:
City – City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
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AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a Class “A” license. “D-34” (prefabricated equipment) and “D-12” (synthetic 10-9
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products/rubber surfacing) license is required for installer of playground equipment and rubber surfacing, respectively. At the start of work and until completion, the Contractor and all Subcontractors shall possess a valid Business License issue by the City. “D-34” licensed playground equipment installer (Prime or Subcontractor) shall possess the following current certifications by relevant members of the project team assigned to City project, at time of bid:
a) CPSI certification (Certified Playground Safety Inspector) b) Factory certified installer (Playcraft Systems)
c) LSI certified installer (Landscape Structures Incorporated) If there is a conflict or discrepancy, City CPSI representative’s determination shall control.
If the “D-34” license holder is a Subcontractor, Contractor MUST provide an additional Technical Ability and Experience References form (Using the attached form) listing out the Subcontractor’s experience with public agency playground related projects in the past 2 years and in excess of $150,000.
Additionally, Contractor MUST provide copies of certification (or D-34 Subcontractor’s certification) as described in this section.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of removing and disposing of the existing playgrounds at Spyglass Hill and Bonita Canyon Sports Parks (1 Narbonne Newport Beach, CA 92660 and 1990 Ford Rd, Newport Beach, CA 92660, respectively) and replacing them with new playgrounds along with associated improvements/work as outlined in the Plans (Drawing No. B-5332-S).
SECTION 3 - CHANGES IN WORK
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EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
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CERTIFICATE
of ACHIEVEMENT
THI
S ACKNOWLEDGES THAT
RICK SCHULTZ
R.E. SCHULTZ CONSTRUCTION, INC.
HAS SUCCESSFULLY COMPLETED THE
Certified Installer Program
Issue Date: 2/28/2023
Exp. Date: 12/31/2025 CJ Schatza, VP/General Manager
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RICHARD SCHULTZ
April 30, 2024
61173-527
May 01, 2027
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