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HomeMy WebLinkAbout05 AWARD CONTRACT FOR VICTORY ROAD EXTENSION ROADWAY CONSTRUCTION PROJECT (CIP NO. 70221)• Agenda Item 5 AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: OCTOBER 4, 2016 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: AWARD CONTRACT FOR THE VICTORY ROAD EXTENSION ROADWAY CONSTRUCTION PROJECT, CIP NO. 70221 SUMMARY Staff is recommending that the City Council award the construction contract for the Victory Road Extension Roadway Construction Project, CIP No. 70221 to the lowest responsive / responsible bidder, KEC Engineering. RECOMMENDATION It is recommended that the City Council: 1. Deny the bid protest submitted by Sukut Construction, LLC; 2. Award the construction contract for Victory Road Extension Roadway construction Project, CIP No. 70221 to the lowest responsive/responsible bidder, KEC Engineering, in the amount of $ 4,667,473.62 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Appropriate $753,973 from Community Facilities District 14-1 (Fund 443) and $619,714 from the Capital Improvement Program — General Fund (Fund 200). FISCAL IMPACT The City and the South Orange County Community College District (SOCCCD) entered into an agreement for the shared funding of this project on May 22, 2013. The agreement makes each party responsible for 50% of certain project costs, with other costs to be 100% funded by SOCCCD. SOCCCD completed demolition work in 2015, which is a shared cost. As part of the agreement, the City's cost for the demolition ($1,038,612) is to be credited to SOCCCD when the City completes the roadway construction. The total estimated cost for the construction of this project is $5,600,000. A breakdown of costs is provided on the next page. The City's portion of the project is currently funded through a combination of Santa Ana -Tustin Transportation System Improvements Authority (TSTA) funds and Community Facilities District 14-1 (CFD 14-1) for a combined total of $2,650,000 in Fiscal Year 2016-2017. An additional $753,973 of City funds will be needed to complete the project. Staff is recommending an appropriation from the Community Facilities District 14-1 fund (Fund 443). Also, as part of the project the City will be installing infrastructure for the Irvine Ranch Water District (IRWD) in the amount of $619,714. The cost associated with this work will be reimbursed by IRWD, but appropriation is needed as part of this item in order to award the contract. Award Contract for Victory Road Extension October 4, 2016 Page 2 Project expenditures include: • Construction Contract.......................................................... $ 4,667,473.62 • Geotechnical Engineering and Materials Testing .................. $ 120,000.00 • Construction Management and Inspection .......................... $ 270,000.00 • Estimated Construction Engineering .................................... $ 100,000.00 • Contingency........................................................................ $ 442.526.38 • Total Estimated Expenditures .......................................... $ 5,600,000.00 CORRELATION TO THE STRATEGIC PLAN The construction of Victory Road extension from Red Hill Avenue to Armstrong Avenue contributes to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development. Specifically, the project implementation of Strategy 1, which among other items, is to develop critical phases of Tustin Legacy. DISCUSSION AND BACKGROUND On August 2, 2016, the City Council approved plans and specifications and authorized the City Clerk to solicit bids. The Victory Road (formerly Bell Avenue) extension from Red Hill Avenue to Armstrong Avenue improvements consists of grading, construction of roadway, storm drain, sidewalk and dry utility, and domestic water, reclaimed water and sanitary sewer installation for IRWD. Bid packages were purchased by 25 companies. Formal bids were publicly opened on September 13, 2016 and reviewed by Public Works. Three (3) bids were received by the noticed deadline and are summarized below by order of least dollar amount: • KEC Engineering ............ • Sukut Construction, LLC . • AMPCO Contracting, Inc. ................ $ 4,667,473.62 ................ $ 4, 771, 500.00 ....... I........ $ 6,572,396.29 Staff has reviewed the references and verified the State Contractor's License for KEC Engineering, and has determined that they are in good standing and current. The City received a formal bid protest dated September 16, 2016 from Salamirad, Morrow, Timpane & Dunn LLP on behalf of Sukut Construction, LLC, the apparent second lowest bidder. In the protest, Sukut Construction, LLC. requested that the City find the apparent lowest bidder, KEC Engineering, non-responsive due to the following: 1. KEC and its listed subcontractors not being properly licensed or certified for asbestos removal and the hazardous materials scope of work; 2. KEC's non-responsive bid gives it an unfair advantage and materially deviates from the bid requirements, which cannot be waived by the City; and 3. KEC's bid is not responsive as it lists a subcontractor who is not capable of performing the work and whose price is unreasonably low, City staff investigated the claims and requested KEC submit documentation regarding their ability to perform the required work, as well as their subcontractors. Staff, along with the City Attorney's office, determined that KEC and its proposed subcontractors are properly licensed and certified to perform asbestos removal and the hazardous material portion of the scope of work and thus the bid does not materially deviate from the bid requirements. Lastly, staff and Award Contract for Victory Road Extension October 4, 2016 Page 3 the City Attorney's office evaluated a subcontractor that the protest claimed was not capable of performing and whose price was unreasonably low. No substantial evidence supported this claim. The State Contractor's Licensing Board shows this subcontractor has the appropriate licenses, which are current and active. The information above is a summary of the bid protest and the City's response. The bid protest and the formal response from the City Attorney's office have been included as attachments to this report. It is recommended that the City Council deny the bid protest by Sukut Construction LLC, award the construction contract to the lowest responsive/responsible bidder, KEC Engineering, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City, and appropriate $753,973 from Community Facilities District 14-1 (Fund 443) and $619,714 from the Capital Improvement Program — General Fund (Fund 200). Stack, P. E. Public Works/City Engineer Attachment(s): 1. City response to bid protest 2. Sukut Construction, LLC letter dated September 16, 2016 3. Location Map ATTACHMENT 1 City Response to Bid Protest R TA WOODRUFF, SPRADUN & SMART A P r o( e s s I o n a I C o r o o r a t I o n DAVID A. DEDERRY DIRECT DIAL: (714) 415-1088 DIRECT FAX: (714) 415 -1188 E-MAIL: DDLBF,RRY a WSS-LA W.COM September 26, 2016 FIRST CLASS MAIL AND E-MAIL Christopher Morrow, Esq. 17501 Von Karman Avenue Suite 500 Irvine, CA 92614 cm@smtdlaw.com Re: Sukut Construction LLC Protest Re Bid of KEC Engineering City of Tustin, Victory Road Extension, CIP No. 70221 Dear Mr. Morrow: The City is in receipt of the bid protest filed by Sukut Construction concerning the above - referenced project. The City has contacted KEC Engineering and asked KEC to respond, which it has done. KEC's response is attached. Our firm serves as City Attorney for Tustin and I have been asked to respond on behalf of the City. S ummary Sukut filed a timely bid protest claiming that the apparent low bidder on the Victory Road Extension, KEC Engineering, submitted a bid that was non-responsive. Based on the evidence submitted, the City does not have a sufficient evidentiary basis for finding the bid non- responsive or KEC not responsible. Analysis On September 13, 2016, bids were received and opened on the Victory Road Extension ("Project"). The apparent low bidder was KEC Engineering ("KEC"). On September 16, 2016, the City received a bid protest ("Bid Protest") from your law firm on behalf of Sukut Construction LL,C ("Sukut"). The Bid Protest contends that KEC's bid is not responsive and that KEC is not a responsible bidder for the following reasons: 1) KEC and its listed subcontractors are not licensed or certified to perform the asbestos removal and hazardous materials scope of work and KEC failed to list all subcontractors performing greater than .5% of the cost of the bid. 2) KEC's bid gives it an unfair advantage and materially deviates from the bid requirements. 555 ANTON BOLILEVARD, SUITE 1200 ■ COSTA MESA, CA 92626-7670 ■ (714) 558-7000 ■ FAX (714) 835-7787 W W W. W SS-1.,AW.COM 1193415.1 Christopher Morrow, Esq, September 26, 2016 Page 2 3) KEC's bid lists a subcontractor who is not capable of performing the work and whose price is unreasonably low. 1) In response to this contention KEC states that is has licensed subcontractors to perform the work and that they are not listed because their bid amounts did not meet the threshold for listing, which threshold is .5% of the total bid amount or ($4,667,473 x .005 = $23,337). In support of this statement KEC provided a bid from C2 REM dated September 12, 2016, for management, transport and disposal oversight of the hazardous material. The bid documents include C2 REM's State Contractor's License for hazardous materials work. C2 REM's bid amount is $17,500, which amount is less than .5% of KEC's bid. Thus, it appears that KEC was not required to list C2 REM and that C2 REM has the required licenses to perform the work. Included within the C2 REM bid to KEC is a September 12, 2016, letter in which C2 REM is including a preliminary cost estimate for the actual pipe removal, one of which is an estimate of $17,300 from Resource Environmental Inc ("REI"). KEC's bid item 21 reflects a cost of performing the pipe removal of $16,980. KEC confirmed that it will be subcontracting with REI for this work. Attached are documents submitted by KEC evidencing that REI has the requisite license to perform the work. Thus, it appears that REI has the appropriate licenses to perform the work and KEC was not required to list them. Finally, IK -EC provided a price sheet from BDC, which the City understands is a company owned by Waste Management, to provide soil transportation and disposal services. The actual quantity of soil that will be hauled and disposed is unknown. KEC stated that it would be utilizing BDC on a purchase order/per unit basis. From the documentation submitted by KEC, BDC appears licensed to perform the work. The Bid Protest indicates that Sukut's bid amount for the hazardous material work under items 7 and 21 was $57,310, while KEC's bid amount for these two items is $52,480. Sukut was required to list its subcontractor because only one is performing the work, while KEC intends to perform the work with two different contractors and through a purchase order in amounts not meeting the threshold for listing. 2) The Bid Protest contends that KEC's bid gives it an unfair advantage and deviates from the bid requirements based upon the contention, it appears, that KEC does not have a subcontractor with the appropriate license performing the hazardous waste work and failed to list subcontractors as required. However, since neither appears to be the case, this contention appears not to have merit for the same reasons set forth in the response to 1) above. 1193415.1 Christopher Morrow, Esq. September 26, 2016 Page 3 3) The Bid Protest contends that KEC's bid is not responsive because the bid submitted by an electrical subcontractor retained by KEC, Steiny, contains an estimating error and that Steiny is not responsible. The Bid Protest's evidence of Steiny's estimating error is that Steiny's bid amount of $598,400 is $100,000 lower than the bid Sukut received for the same work. Just because Steiny's bid is lower by about 13% than the bid Sukut used in formulating its own bid is not evidence that it committed a bid error. More importantly, KEC is not claiming a bid error and is willing to contract for the work at its bid amount. The more relevant comparison for City purposes is whether KEC's total bid is unrealistically low, which if the case could be evidence of a bid error and/or of a strategy to seek numerous change orders so as to make a profit on the project. While this is sometimes a problem in public work contracts, as between KEC and Sukut, the difference is approximately $104,000 or just 2% of the total bid amount. The bids received on this Project, were, at least as between KEC and Sukut, relatively close and support the position that KEC did not submit an unrealistically low bid. The Bid Protest also contends that KEC's bid is not responsive because Steiny is in poor financial condition and not adhering to industry payment practices. A non-responsive bid is one which on the face of the bid is not materially compliant with the bid requirements. However, the Bid Protest seeks to have the City considered evidence outside the face of the bid, so what the Bid Protest is really requesting the City to do is find that KEC is not a responsible bidder because one of its subcontractors, Steiny, is not responsible. As defined in Public Contract Code § 1003, a responsible bidder is one which is capable of performing the contract if awarded and demonstrates attributes of quality, fitness, capacity and experience to satisfactorily perform the contract. A finding that a bidder is not responsible must be supported by substantial evidence. As evidence that Steiny is not responsible, the Bid Protest states that "many construction companies within the industry are aware that Steiny is currently not adhering to responsible payment practices" and then lists three different payment practice areas to which Steiny is alleged to not be adhering. As evidence that Steiny is not adhering to industry payment practices, the Bid Protest includes a September 2016 letter from a law firm to Sukut contending that Steiny had not made specified fringe benefit contributions to the IBEW Local Union 441 since March of 2016 and requesting that Sukut issue a joint check in the amount of $16,635.08. The Bid Protest also contains a document with a hand-written notation on the second page of the bid from Steiny stating, 'NOT BONDABLE CURRENTLY". The Bid Protest also contends Steiny is not responsible because its bid was too low, noting a difference of $100,000 between Steiny's bid amount of $598,400 and its subcontractor's bid amount of $698,748. A check of the State Contractor's Licensing Board website shows that Steiny has the following licenses, A -General Engineering, C10 -Electrical, and B -General Building Contractor and that the licenses are current and active. The website states that a contractor's bond has been filed with Safeco Insurance. The website states that if Steiny is subject to public complaint disclosure that a link will appear below. No link appears on the website. In KEC's response, it 1193415.1 Christopher Morrow, Esq. September 26, 2016 Page 4 contends that Steiny has had an active contractor's license since 1956 and is capable of perforining the work. The Bid Protest is not clear as to who wrote in the notation on the Steiny bid NOT BONDABLE CURRENTLY" and to whom the bid was submitted. However, presumably it was the bid submitted to Suhut by Steiny. None of the evidence submitted by the Bid Protest directly targets KEC's ability to perform the work. Much of the evidence submitted as to Steiny's fitness to perform the work is unreliable and/or unsupported. For instance, while contending that Steiny has "above average filing of preliminary notices", the Bid Protest contains no evidence of what the average rate is, if such a rate actually exists, or Steiny's comparable rate to this alleged average rate. In any event, filing of preliminary notices on construction projects is not unusual. One letter from a law firm contending that Steiny did not, on one recent occasion, make fringe benefit contributions and requesting a joint check be issued, is not substantial evidence that Steiny "consistently" does not adhere to industry payment practices. While contending that "many construction companies within the industry" are aware of Steiny's non -adherence to payment practices, this is unreliable hearsay evidence as the Bid Protest does not provide any supporting documentation such as the names of these companies, declarations from these companies supporting this awareness or any other documentation in support of this contention. The notation on the Steiny bid stating that it is non -bondable is of no evidentiary value because the Bid Protest does not put it into context or indicate who may have made that notation. While if true this would be some evidence that Steiny's financial condition is not sound, the evidence is unreliable. In any event, the City is not requiring bonds of subcontractors, but rather of KEC, which will be required to provide payment and performance bonds for the entire project, including Stciny's work. Sincerely, WOODRUFF, SPRADLIN & SMART DAVIP A. DLBERIVY ) ASSISTANT CITY TT RNEY Attachment cc: Mr. Doug Stack, Public Works Director, City of "Tustin 1193415.1 ATTACHMENT September 19, 2016 City of Tustin Department of Public Works 300 Centennial Way Tustin, CA 92780 200 N. SHERMAN AVENUE, CORONA, CALIFORNIA 92882 OFFICE (951) 734-3010 • ADMIN. FAX (951) 735.2041 • ES7IMATING FAX (951) 734-7987 www.kecenglneering.com ... general engineering contractors Attn: Ken Nishikawa Deputy Director of Public Works/Engineering Re: Victory Road Extension Roadway Construction Project, CIP No. 70221 Sukut Construction's Protest of KEC Engineering's Bid Dear Mr. Nishikawa: Please accept this letter as adequate response to the referenced bid protest. KEC Engineering ("KEC") has submitted the lowest responsible and responsive bid and is the apparent low bidder, (1) KEC has received proposals and pricing from responsible, certified consultants and subcontractors that may be used to assist in the disposal of contaminated materials and removal of the ACP waterline. All of these prices are less than one-half of one percent of KEC's total bid amount and do not require listing per the Subcontracting Fair Practices Act. (2) KEC's bid is responsive and meets all of the bid requirements. (3) KEC listed an electrical subcontractor (ie. Steiny) that has held an active California contractors' license since 1956 and is more than capable of estimating and installing the two traffic signals and street lights on this project. Sincerely, Scott J. Pfeiffer Executive Vice President cc: C2 REM www.C2REM.COM AN I, N'1A\A61-AII-IN IANi) 01,NF.I:(Jf'�AIkN I( (. %11'A1Y Scott Pfeiffer September 12, 2016 KEC Engineering 200 North Sherman Ave. Corona, CA 92882 Project No.: 16-109 Proposal — Victory Road Extension Management, Transportation & Disposal of Contaminated Soil With ACP Removal Oversight Tustin, California Dear Mr. Pfeiffer: C2 REM appreciates the opportunity to provide a proposal to KEC Engineering to assist in the management, transport and disposal of contaminated material and removal of an 8 -inch asbestos cement (AC) pipe associated with the Victory Road Extension activities located in Tustin, California (Site). C2 REM is proposing to provide hazardous substance removal oversight services for the proposed extension activities. More specifically, C2 REM will oversee the identification, segregation, transport, reuse and/or disposal of excavated material in accordance with all applicable regulations. Additionally, C2 REM will oversee the safe exposure, containment and loading of the exposed AC pipe. The scope of work and not -to -exceed costs associated with performing the hazardous substance removal oversight are detailed below. Scope of Work: • 1 Day: Plan development for oversight. 2 Days: Oversight of excavation and stockpiling activities • 2 Days: Collect and coordinate laboratory samples and evaluation • 2 Days: Manifest coordination, loading and transportation oversight • 3 Days: AC pipe exposure oversight • 1 Day: Prepare a Report of Findings Cost Estimate and Assumptions: Based on the Scope of Services presented herein, the estimated total project cost to complete the hazardous substance removal oversight shall not exceed $17,500. This not - to -exceed cost is based on the following assumptions: • Field persoruiel/operator are provided by KEC Engineering and are 40 -hour 1 AZWOPER trained. • KEC will conduct excavation, stockpiling and will load 500 tons of soil under C2 REM direction. • KEC will safely expose AC pipe. • Certified AC pipe or equivalent personnel will contain/cut and load AC pipe in appropriate bins provided by Waste Management and is not included in the cost estimate. • Laboratory analysis cost is not included and depended on the number of samples and type of test required for proper characterization of contaminated material. • Waste Management is responsible for transport and dispos4l. C2 REM appreciates the opportunity to provide our professional services for this project. Having successfully completed similar activities on many other projects, C2 REM looks forward to providing ICEC Engineering with our proven state-of-the-art investigation and remediation capabilities. C2 REM does not guarantee or warrant activities beyond the scope of work outlined herein. Certificates of Insurance for Worker's Compensation, General and Professional Liability and Automobile coverage will be provided upon contract execution, if requested. Payment for work shall be due and payable net 30 days from receipt of invoice. Additionally, services requested that are not outlined in this proposal will be billed on a time and material basis pursuant to the C2 REM Schedule of Charges. Should you have any questions, please contact me at (949) 261-8098. Sincerely, Edmond Bourke, C2 REM President If the terms and conditions of'the above proposal are acceptable, please sign and date in the space provided below and return one copy to our office. Scope of Work Approval: Authorized Representative Date Please Print Name and Title .heck A License - License Detail Page I of Contractor's License Detail for License # 719982 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, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint andtor legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor falls to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information C2 REM 2382 SE BRISTOL STREET SUITE B NEWPORT BEACH, CA 92660 Business Phone Number:(949) 261-8098 Entity Sole Ownership Issue Date 03/13/1996 Expire Date 03/3112018 License Status This license is current and active. I qll information below should be reviewed. Classifications ,A - GENERAL ENGINEERING CONTRACTOR Certifications HAZ - HAZARDOUS SUBSTANCES REMOVAL i Bonding Information Contractor's Bond This license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY, Bond Number: WCL1219231 IBond Amount: $15,000 Bond Date: 01/01/2016 Contractor's Bond History Workers' Compensation This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number: UB4062T96A (Effective Date: 03129/2013 Expire Date: 03/29/2017 Workers' Compensation History ttps://www2.cslb.ca.gov/OnlineServices/ClieckLicenseII/LicenseDetail.aspx?LicNum=719982 9/19/201 I 2 rc jw I rI.1h c cc Z�H 0 , uzU Li Gn w cn t> 1, im, I 2 rc jw Z�H 0 , uzU Li Gn w cn t> I • • T1, .v, ; �Y ".a►�.:` dam..:.$.. ..� �,. �„� � ��� '^.�t�_ �_ailit.l�::-��� `.d�cC+��iO t.4 g w"''e 4 4g t n l { t�Y WASTE MANAGEMENT BDC SPECIAL WASTE SERVICES Presents Price Package Los Angeles, Orange, Ventura, Riverside, San Bernardino, San Diego Counties Submitted To: Submitted By: Ilene Packer Industrial Account Manager Waste Management Pricing effective January 2015 and subject to change due to fuel per gallon cost increases or any unforeseen issues. Asbestos Waste Delivery Fees — (One Time Charge) — waived if over (4) bins Single..................................................................................................$ 150.00 Doubles..............................................................................................$ 200.00 WM - Azusa Land Reclamation Transportation & Disposal Rates per Container - *Friable or Non -Friable Asbestos Waste Singles................................................................................................$800.00 Doubles..............................................................................................$1,450.00 *Friable or mixed loads — add current California B.O.E. Disposal Fee: $21.95/ton for 2015 **AZUSA LANDFILL a Unacceptable Waste Streams ** Metal Drums, Vessels (Tanks) [Steel Pipe Drywall and Wood bulk loads /Textile s,(Rugs .Carpets) Mastic Solvents that have been solidified -with Absorbefits ** Unacceptable Non -Friable Asbestos Waste will be taken to Waste Management Simi Valley or Palmdale Landfills. WM - Simi Valley or Palmdale Landfills Transportation & Disposal Rates per Container - Non -Friable Asbestos Waste Singles................................................................................................$1,250.00 Doubles..............................................................................................$1,900.00 WM Approved 3rd Party Subtitle D Facility, AZ La Paz or South Yuma County Landfills Transportation & Disposal - NON-RCRA (CA Hazardous) & Friable or Non -Friable Asbestos Waste Streams Singles................................................................................................$1,925.00 (up to 9 tons per bin) Doubles..............................................................................................$2,800,00 (up to 9 tons per bin) Additional fees for bulky items (i.e. mattresses) ..............................$15.00/each All rates include up to (9) tons per bin, excess weight will be billed accordingly A Fuel Surcharge of $50.00/bin will apply to all services except deliveries Regulatory Cost Recovery Charge of 3.6% will apply to all invoices Pricing for the immediate Los Angeles, Orange, Riverside, Son Bernardino Counties Areas Please refer to the Out -of -Area Service Charges page 7. BBDDC/�-SPECIAL WASTE SERVICES � �<IIJUA WA/TE MA NAOEME NI COMn14NY C2 REM www.C2REM.COM 1N FNA'IF:0Ni\91'N-I-AI, A�1;�NAGL,�II_:N l� .4�D DUAIFLOPME:N"I CON�1PANY Scott Pfeiffer September 12, 2016 KEC Engineering 200 North Sherman Ave. Corona, CA 92882 Project No.: 16-109 Proposal — Victory Road Extension Management, Transportation & Disposal of Contaminated Soil With ACP Removal Oversight; Tustin, California Scott, C2 REM is pleased to submit the attached Proposal to conduct hazardous substance removal oversight services for the proposed extension activities associated with the Victory Road Extension project located in Tustin, California. Additionally attached, please find C2 REM's Contractors State License (719982) as well as C2 REM personnel certifications for RCRA and DOT Hazardous Materials Transportation. Further, we are including a preliminary cost estimate in -the of $23,800 from American Integrated Resources, Inc. (AIR) and $17,300 from Resource Environmental Inc. for the AC pipe removal. We are in the process of obtaining additions quotes but wante to get these estimates out to you for your review now. C2 REM appreciates the opportunity to provide our professional services for this project. Please let us know if you would like to discuss the proposal or provide your authorization to proceed. I will call to discuss. Should you have any questions, please contact me at (949) 261-8098 or respond directly to this email. Thank you, Sincerely, Edmond Bourke, C2 REM ['his email, including attachments, may contain confidential and privileged information from C2 REM, Inc. and is intended tm• the sole u,e of the individual or entity to which it was addressed. If you are not the intended recipient, please be aware that any diSCOStn'C. copying, distribution or use of the contents of this information is prohibited. f I'you have received this electronic transmission in error% please rlotifv the sender immrdiatciv and desuov all eicstronic documents and hard copies of the cirmntunication. including attachments. Thank you. 'heck A License - License Detail Page 1 of Contractor's License Detail for License # 864417 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, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant Information that has not yet been entered onto the Board's license database, Business Information RESOURCE ENVIRONMENTAL. INC 6634 SCHILLING AVE LONG BEACH, CA 90805 Business Phone Number:(562) 468-7000 Entity Corporation Issue Date 09/19/2005 Expire Date 09/30/2017 License Status This license Is current and active. i All Information below should be reviewed. Classifications C21 - BUILDING MOVING, DEMOLITION B - GENERAL BUILDING CONTRACTOR C22 - ASBESTOS ABATEMENT Certifications 1 � ! ASB - ASBESTOS (Check DOSH Asbestos Registration) ; HAZ - HAZARDOUS SUBSTANCES REMOVAL Bonding Information Contractor's Bond �his license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. ond Number: 100249505 and Amount: $15,000 'Effective Date: 01101/2016 Fontractor's Bond History Bond of Qualifying Individual he qualifying individual JARED SLOAN COOPER 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; 08/07/2015 BQI's Bond History Workers' Compensation ttps://www2.cslb.ca.gov/onlineservices/CheckLicensell/LicenseDetail.aspx?LicNum=864417 9/20/201 'heck A License - License Detail Page 2 of 1pollcy Number:0044727936' I iEffective Date: 04/0112015 !Expire Date: 04/01/2017 �Norkers' Compensation History Miscellaneous Information 08/07/2015 - DOSH REGISTRATION VERIFIED FOR C22 ----------- -- ---------- Other Personnel listed on this license (current or disassociated) are listed on other licenses, ttps://www2,csib.ca.gov/onlineservices/CheckLicenselI/LicenseDetail.aspx'?LicNum=864417 9/20/201 ATTACHMENT 2 Bid Protest SALAMIRAD, MORROW, TIMPANE & DUNN LLP September 16, 2016 VIA EMAIL (BTenkean(ai)tustinca.org_) AND USPS MAIL 9114 9014 9645 0550 1527 00 Benny Tenkean, Principal Engineer City of Tustin Department of Public Works 300 Centennial Way Tustin, CA 92780 17901 Von K,arrran Avenue Irvine, CA 92614 (949) 537-3800 (949) 537-3822 (f) Re: Sukut Construction LLC's Protest of KEC Engineering's Bid for the Victory Road Extension Roadway Construction Project, CIP No. 70221 ("Project") Dear Mr. Tenkean: This firm represents Sukut Construction LLC ("Sukut"), the lowest responsive and responsible bidder on the Project. This letter shall constitute Sukut's formal protest to KEC Engineering's ("KEC") bid on the City of Tustin's ("City") Project. On Tuesday, September 13, 2016, Sukut submitted a timely responsive and responsible bid for the Project. The City has incorrectly asserted that KEC is the apparent low bidder with Sukut as the second lowest bidder. However, KEC's bid is fatally defective, and, therefore, non- responsive because: (1) KEC and its listed subcontractors are not licensed or certified to perform the asbestos removal and hazardous materials scope of work; (2) KEC's non-responsive bid gives it an unfair advantage and materially deviates from the bid requirements, which cannot be waived by the City; and (3) KEC is bid is not responsive, as it lists a subcontractor who is not capable of performing the work and whose price is unreasonably low. As set forth below, the City must find that KEC's bid is non-responsive and award the contract for the Project to Sukut, the lowest responsive and responsible bidder on the Project. 1 1 ,, 0-1 L, . P r _, I I Suite 500 Benny Tenkean, Principal Engineer City of Tustin Department of Public Works September 16, 2016 Page 2 of 7 In addition, Sukut requests that the City: (1) Refrain from awarding the Project to any other bidder until this protest is formally resolved; (2) Provide specific grounds for finding that KEC's bid is responsive; (3) Provide any and all documentation in support of the City's determination; and (4) Allow Sukut its guaranteed due process safeguards by giving Sukut a formal hearing and an opportunity to heard and respond to the City's position. If the City intends to award the contract to KEC, then Sukut requests that the award be delayed, as Sukut intends to seek an independent judicial determination on this clear violation of California law. KEC'S BID IS NON-RESPONSIVE AND MUST BE REJECTED BY THE CITY California law mandates that a public works contract must be awarded to the lowest "responsive and responsible" bidder. To be responsive, a bid must conform to the material terms of the bid documents. City of Inglewood v. Los Angeles County Civic Center Authority, (1972) 7 Cal.3d 861; Menefee v. County ofFresno (1985) 163 Ca1.App.3d 1175. Konica Business Machines (1988) 206 Ca1.App.3d 449, 456-457; Associated Builders & Contractors, Inc. v. Metropolitan Water Dist. (1997) 59 Cal.AppAth 1503, 1507 ("lowest responsible bidder does not mean lowest cost bidder"). A bid that differs materially from the bid specifications must be rejected. Stimson v. Hanley (1907) 151 Cal. 379. Typically, the material terms of a bid are those that affect price, quantity, quality, or delivery and those terms that the bid package clearly identifies as mandatory. Pozar v. Department of Transp., (1983) 145 Cal.App.3d 269. A bid also fails to comply materially with the bid package if it gives the bidder an unfair competitive advantage over other bidders. Ghilotti Construction Company v. City of Richmond, (1996) 45 Cal.AppAth 897, 900; Konica Business Machines USA, Inc., supra; Menefee, supra. The factors guiding the determination of whether the deviation is a minor irregularity or substantial departure include whether the deviation could be a vehicle for favoritism, affect the amount of the bid, influence potential bidders to refrain from bidding, or affect the ability of the party receiving the bids to make bid comparisons. Id. at 455; see also MCM Construction, Inc. v. City & County of San Francisco, 66 Cal. App. 4th 359,373-75 (1998); Valley Crest Landscape, Inc. v. City Council, 41 Cal. App. 4th 1432, 1442 (1996); Menefee, supra, 163 Cal. App. 3d at 1178-81. Benny Tenkean, Principal Engineer City of Tustin Department of Public Works September 16, 2016 Page 3 of 7 The City must reject KEC's bid, because KEC failed to list a subcontractor to perform the asbestos pipe removal and hazardous materials scopes of work, and the price for this work exceeds one-half of one percent of KEC's bid in violation of the Subletting and Subcontracting Fair Practices Act of the California Public Contract Code. Second, KEC lists Steiny and Company ("Steiny") as its electrical subcontractor, however, Steiny's bid amount is unreasonably low, which renders its pricing to heightened scrutiny. Furthermore, because of Steiny's unstable financial condition, Steiny bid is not reflective of the actual costs to perform the work and renders KEC's bid non-responsive. THE BID DOCUMENTS CLEARLY EVIDENCE THAT BIDDERS WILL REMOVE AND HANDLE ASBESTOS AND HAZARDOUS MATERIALS, AND THAT THE BIDDER OR ITS SUBCONTRACTORS WILL NEED TO POSSESS THE APPROPRIATE CERTIFICATIONS AND/OR LICENSES The Project Specifications, in Section 2, Scope and Control of Work, subsection 2-6.3(5) provides that "[t]here are several former agricultural area within the project which may contain various sizes of asbestos cement pipe (ACP).... When encountered, the Contractor shall notify the Agency ... handle in accordance with Cal -OSHA, CDPH, and AQMD regulations ... and [the] ACP shall be hauled and disposed of at a legal disposal site according to the regulations of authorities have jurisdiction." (See Exhibit A). The Project Specifications also discuss handling of hazardous waste, and require that the Contractor shall promptly notify the City when such conditions are encountered. Specifications section 7-10.4.1(1). (See Exhibit B). Moreover, Section EH -2, entitled Environmental, Health and Safety Requirements in the Special Construction Zone, requires the Contractor to submit an Environmental Work Plan, Health and Safety Plan, and Site Specific Health and Safety Plan ("Site Specific Plan"). (See Exhibit Q. This section requires the contractor to prepare a Site Specific Plan that is prepared by a qualified person as defined by 29 CFR § 1910.120(a) for the cleanup of hazardous waste. (See Exhibit C). In section EH -3, entitled Management, Transportation, And Disposal Of Contaminated Materials Other Than Groundwater, the specifications acknowledge and notify the bidders that the soils and other media on the Project are contaminated and contain hazardous wastes and materials. (See Exhibit D). As a result of the presence of these hazardous materials on the Project, the specifications in section EH -4, entitled Permits, Licenses and Notifications, mandate that the bidders are required to possess specific licenses to handle the hazardous materials. In particular, EH - 4, Submittals provides: Benny Tenkean, Principal Engineer City of Tustin Department of Public Works September 16, 2016 Page 4 of 7 Contractor shall submit copies to the Engineer of permits, licenses and notifications required for project work in the Special Construction Zone prior to commencing work. (See Exhibit E). Similarly, the subsection for Construction provides: The Contractor shall comply with the requirements of the OCSD wastewater discharge permit, obtain all other permits, make all notifications, and possess all licenses required for excavating, handling, monitoring and transporting hazardous and non -hazardous materials as necessary to construct the project in accordance with the plans and specifications. (See Exhibit E). Based upon the foregoing, it is clear that the bidders on the Project will have to handle, remove and dispose of asbestos and hazardous materials. As a result, the bid documents and California law require that the bidder or its subcontractors possess the requisite licenses and certifications for excavating, handling, monitoring and transporting said hazardous materials. As discussed in more detail below, KEC and its listed subcontractors do not possess any of the requisite licenses, and therefore, KEC's bid is fatally defective and must be rejected by the City. KEC'S BID IS FATALLY DEFECTIVE BECAUSE, KEC AND ITS LISTED SUBCONTRACTORS ARE NOT CERTIFIED TO PERFORM THE HAZARDOUS REMOVAL AND ASBESTOS SCOPE OF WORK California's Subletting and Subcontracting Fair Practices Act provides that Any . . . department, board, or commission taking bids for the construction of any public work ... 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 malting a bid or offer to perform the work, shall, in his or her bid or offer, set forth: =k =k 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. Cal Pub Contract Code § 4104(b) [emphasis addedl. "In enacting the Subletting and Subcontracting Fair Practices Act (the Act), the Legislature found the practices of bid shopping and bid peddling resulted in poor quality of materials and workmanship, deprived the public of the benefits of fair competition, and led to insolvencies, loss of wages, and other evils." Valley Crest Landscape, Inc. v. City Council, (1996) 41 Cal. App. 4th 1432, 1438. Benny Tenkean, Principal Engineer City of Tustin Department of Public Works September 16, 2016 Page 5 of 7 The bid documents are in accord with this requirement. Specifically, the Bid Documents on page C-15 provide that `[i]n accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent (0.5%) of the total bid and the portion of the work to be done by such subcontractor." (See Exhibit F). [emphasis added] Furthermore, Pub. Contract Code § 4106 provides that "[i]f a prime contractor fails to specify a subcontractor ... the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself." The prime contractor is then prohibited from later subcontracting that portion of work. Id. The Bid documents again mirror this statutory requirement and provide that "[b]y submission of this proposal, the Bidder certifies: 1. That he/she is able to and will perform the balance of all work which is not covered in the above subcontractors listing." (See Exhibit F). On this Project, Bid Item 7, Management, Transportation & Disposal of Contaminated Materials Other than Groundwater, and Bid Item 21 Removal of Existing 8" ACP FW Waterline concern two scopes of work that will require the bidder or its subcontractors to handle, remove and transport asbestos and hazardous materials, which in turn, require the bidder or its subcontractor to possess a Hazardous Substance Removal Certification and an Asbestos Certification. Here, KEC does not possess an Asbestos Certification, Hazardous Removal Certification or an Asbestos Removal specialty contractor's license. (See Exhibit G). Although, KEC at one time possessed a Hazardous Substances Removal Certificate, this certification is no longer valid, as the holder of the certification, Matthew Card, disassociated from KEC in 2003. (See Exhibit H). Thus, as of 2003, KEC cannot self -perform the hazardous materials removal scope of work. Furthermore, KEC has never possessed a C-22 Asbestos Abatement license or an Asbestos Certification, and therefore, cannot self -perform the asbestos ACP removal scope of work. (See Exhibit G). Pursuant to Business and Professions Code section 7058.7, 7058.5 and California Code of Regulations, Title 16, Division 8, Article 3, section 832.22, KEC is prohibited from self -performing this work. Accordingly, KEC must have a subcontractor perform this work. KEC`s total bid amount is $4,667,473.62. Therefore, KEC is required to list all subcontractors performing work in excess of $23,337.37. KEC's bid does not list any subcontractors to perform the hazardous materials removal or asbestos removal scopes of work. (See Exhibit I). Furthermore, those subcontractors that are listed, do not possess the Hazardous Removal Certification, Asbestos Certification or Asbestos Abatement specialty license, and, therefore, cannot perform the asbestos and hazardous materials removal scopes of work. (See Exhibit J). Benny Tenkean, Principal Engineer City of Tustin Department of Public Works September 16, 2016 Page 6 of 7 Under California law, a contractor shall not "engage in a removal or remedial action, as defined in subdivision (d), unless the qualifier for the license has passed an approved hazardous substance certification examination." See Pub. Contract Code § 7058.7. The requirements for asbestos related work are also defined to provide that "[n]o contractor shall engage in asbestos-related work, as defined in Section 6501.8 of the Labor Code, which involves 100 square feet or more of surface area of asbestos containing materials, unless the qualifier for the license passes an asbestos certification examination (ASB)." Pub. Contract Code § 7058.5. Recognizing the certification requirements for the Bid Item 7 and Bid Item 21 scopes of work, Sukut listed Miller Environmental to perform this work. (See Exhibit K). Miller Environmental possesses both a Hazardous Substances Removal Certification and Asbestos Certification and holds a C22 Asbestos Abatement specialty license. Id. Miller Environmental's quote for this scope of work is in the amount of $57,310, which is well in excess of one-half of one percent of KEC's bid amount. (See Exhibit K). Sukut also received quotes from ATI in the amount of $114,950 to perforin the scope of work for Bid Items 7 and 21. Id. KEC's own bid shows that Bid Item 7 and Bid Item 21 are significant, as KEC's bid amount for this work is $52,480. These two bid items are approximately 1.5% of KEC's total bid amount and exceeds the one-half of one percent threshold requirement for listing subcontractors. Thus, KEC was required to list a subcontractor to perform this scope of work, and its failure to do so renders its bid non-responsive. California law provides that a low bidder's failure to properly designate subcontractors and to list the scope of work to be performed by the subcontractors renders the bid non- responsive and is a non-waivable error. Talley Crest Landscape, Inc., supra, (1996) 41 Cal. App. 4th 1432, 1441. The rationale for this rule is that "[t]he central purpose of the Act is to protect both the public and subcontractors from the practices of bid shopping and bid peddling in connection with public works projects." Id. at 1440. "That [purpose] is accomplished by stating the portion of work the subcontractor is to perform and the type of work. If a certain subcontractor is listed, for example, as performing the masonry work, the public entity can determine that particular subcontractor is performing the masonry work, not another subcontractor that was pressured to perform at a lower cost." Id. at 1440- 1441. The valley Crest court's ruling is on point, as bidders are required to list the subcontractor and the portion of work the subcontractor will be performing in order to be responsive. Here, KEC failed to list a subcontractor to perform the hazardous materials and asbestos scope of work and neither KEC nor any of its listed subcontractors possess the requisite licenses and certifications to perform this significant work. As such, KEC's bid contains a fatal, non-waivable error, and KEC's bid must be rejected by the City. Benny Tenkean, Principal Engineer City of Tustin Department of Public Works September 16, 2016 Page 7 of 7 KEC'S LISTING OF STEINY RENDERS ITS BID NON-RESPONSIVE Prior to the submission of bids for this Project, Sukut received and rejected a non- conforming bid from Steiny in the amount of $598,400. Sukut also received bids from MSL Electric, in the amount of $698,748, and three other electrical bids in the amounts of $719,800, $728,220, and $740,605. Based upon the bid spread, and industry knowledge of Steiny's poor financial condition, it was clear that Steiny's bid included an estimating error or was unreliable. Sukut, as well as many construction companies within the industry, are aware that Steiny is currently not adhering to responsible payment practices, such as: an above average filing of preliminary notices by their manufacturers, consistent requirements to file joint checks for payment, and non-payment of labor fringe benefit contributions to their respective Trusts. (See Exhibit L). The electrical scope of work for this Project requires approximately $409,000 in Traffic Signal and Street Lighting materials to be ordered by the electrical subcontractor. With a lead time of 8-12 weeks for the fabrication of these signal and lighting materials, the manufacturers will require a net 30 day payment. Thus, the electrical subcontractor must finance the cost of the materials for 4-8 weeks. Based upon these Project requirements, it would be irresponsible of a bidder to engage with a subcontractor who is financially unstable. Had Sukut not chosen to provide a completely responsible bid, the difference of Steiny's quote of $598,400 and MSL Electric's quote of $698,748 with an added 5% markup would result in a deduction of $105,365.40 to Sukut's bid amount. This reduction would result in a revised total of $4,665,634.60 and Sukut would be the low apparent bidder. However, because of the issues with Steiny's bid and its financial condition, Sukut rejected Steiny's bid as unreliable and the City should make the same finding with respect to KEC's bid. Based upon the foregoing, Sukut requests that the City grant Sukut's bid protest, reject KEC's bid and award the Project contract to Sukut Construction LLC, the lowest responsive and responsible bidder on the Project. Sincerely, SALAMIRAD, MORROW, TIMPANE& DUNN, LLP r i Christopher Morrow No, I illLAI The protection devices shall consist of temporary k -rail placed at a minimum 2 Y2 -Feet perimeter around the well. The Contractor shall also install a vertical 3 -Feet minimum casing extension to 5. There are several former agricultural areas within the project which may contain various sizes of asbestos cement pipe (ACP). When ACP is encountered, the Contractor shall notify the Agency and the Contractor shall handle in accordance with Cal -OSHA, CDPH, and AQMD regulations. The Agency may have a third party monitor present to oversee the ACP removal and disposal and ensure compliance with AQMD Rule 1403, and all other applicable federal, state, and local regulatory requirements. The Contractor shall follow the monitor's direction. ACP shall be hauled and disposed of at a legal disposal site according to the regulations of authorities having jurisdiction. The Contractor shall obtain and pay for all permits required. ncurrent 5nerrrn i raining activities at tneir training Tacr 7. Concurrent construction activities should be expected at the County's future Animal Shelter Facility on the south side of Victory Road. B. Construction activities may be ongoing at the South Orange County Community College District (SOCCCD) on the north side of Victory Road. All costs associated with the adhering to "Project Constraints" including, but not limited to the cost of coordination with other contractors and the protection of all existing utilities, improvements and facilities shall be included in the various items of work and no additional compensation shall be allowed. 2-9 SURVEYING 2-9.1 Permanent Survey Markers [Replace the first three sentences of the first paragraph with the following:] The Contractor shall notify the Engineer, or the owner on a Private Contract, at least seven (7) days before starting work to allow for the preservation of survey monuments, property line and corner survey markers and bench marks. The Contractor at their cost, shall file a Corner Record referencing survey monuments subject to disturbance in the office of the County Surveyor prior to the start of construction and., also prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, property line and corner survey markers, or bench marks without the consent of the Engineer or the owner on Private Contracts. When the contract does not include a pay item for the adjustment of monuments to finished grade and unless otherwise provided for in the specifications, full compensation for said adjusting shall be included in the price bid for other items of work and no additional compensation shall be allowed. E-9 MaIMI-oll i The Contractor is required to utilize the services of the City's current franchise hauler for the disposal of all construction debris and to utilize County of Orange (County) landfills for disposal of all refuse and debris. County landfills are subject to closure at any time when daily disposal tonnage limits are exceeded. The Contractor has the sole obligation to determine the availability of County landfills for disposal of any refuse and demolition or construction debris. The City will not be responsible for any costs associated with project delays due to the closure of County landfills. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Replace the second paragraph with the following:] The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures) which are damaged or removed as a result of the Contractor operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Replace the last paragraph with the following:] All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the various items of work unless otherwise specified. 7-10 SAFETY 7-10.4 Safety 7-10.4.1 Work Site Safety Pursuant to Public Contracts Code Section 7104, on any public works contract involving the digging of trenches or other excavations deeper than four feet, the Contractor shall promptly notify the City in writing if any of the following conditions are encountered: 1. Material the Contractor believes may constitute a hazardous waste, as defined in Health and Safety Code Section 25117 and that is required to be removed to a Class I, 11 or III disposal site, in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated in the contract. E-45 that the manufacturers can certify the personnel prior to installation. The Contractor shall provide written evidence of the training and the certifications to the Engineer prior to start of work. Mandatory requirements of local building codes or other laws, regulations, ordinances, or permits issued or promulgated by governmental agencies or installation requirements of utility agencies installation with jurisdiction that conflict with provisions of this Section shall be followed, the same as if specifically set out herein in full. However, provisions in this Section, which are more restrictive than the minimum requirements of such codes, agency construction standards or regulations due to the groundwater contamination, shall be followed, and no provisions of this Section may be modified or voided because they are not specifically required by such codes, agency standards and regulations. No soil, groundwater or other materials removed from the Special Construction Zone shall be placed, stored, buried, etc. beyond the project limits shown on the Drawings. Protection of Existing Remediation and Monitoring Systems The Contractor shall be responsible for protecting existing monitoring wells, extraction wells and piezometers and any other existing monitoring devices which are to remain. If the Contractor damages any of the wells or piezometers, the Contractor shall be responsible for replacing the wells and piezometers as required by and to the satisfaction of the DON and the Engineer at no additional cost to the City. Payment Full compensation for conforming to the requirements of "GENERAL," including furnishing all labor, materials, equipment and incidentals for accomplishing the work as specified herein, shall be considered included in the various contract Special Construction Zone related items of work and no additional compensation shall be allowed. EH -2 ENVIRONMENTAL, HEALTH, AND SAFETY REQUIREMENTS IN THE SPECIAL CONSTRUCTION ZONE (Not a Bid Item) Description The Contractor shall comply with the environmental, health, and safety requirements in this Section, and all applicable federal, state, and local environmental, health, and safety laws, regulations, ordinances, and permits when performing construction activities in the Special Construction Zone. Definitions CCR: California Code of Regulations CFR: Code of Federal Regulations EH -3 References 29 CFR §1910.120 - Occupational Safety and Health Standards - Hazardous Waste Operations and Emergency Response 29 CFR §1926.65 - Safety and Health Regulations for Construction - Hazardous Waste Operations and Emergency Response 8 CCR §5192 - Hazardous Waste Operations and Emergency Response Submittals The Contractor shall submit the following documents/reports to the designated representative of the Engineer at least twenty (20) working days prior to commencement of construction activities in the Special Construction Zone. 1. Environmental Work Plan 2. Health And Safety Plan (HASP) 3. Site -Specific Health And Safety Plan (SSHASP) The Environmental Work Plan and the HASP shall be printed on 8'/2 -inch by 11 -inch paper. Each document shall be bound separately in a 3 -hole, D -ring, loose leaf, vinyl -covered presentation binder with labeled, tabbed, dividers. Include a table of contents noting all sections, figures, tables, and appendices. Drawings or diagrams bound into the manuals shall be 8Y2 -inch by 11 -inch or 11 -inch by 17 - inch, folded to 8'/2 -inch by 11 -inch. Larger drawings shall be folded separately, placed into plastic envelopes, and bound into the manuals. Environmental Work Plan The Environmental Work Plan shall document the Contractor's approach to work in the Special Construction Zone (i.e., work within the horizontal limits of the Special Construction Zone as shown on the Plans). Procedures and techniques presented in the Environmental Work Plan shall conform to the requirements of the contract documents and all applicable laws, regulations, ordinances, and permits. At a minimum, the Environmental Work Plan shall include the following information: 1. A sequence and schedule for all work in the Special Construction Zone. 2. Sampling and analytical procedures using EPA Test Methods for identifying potentially contaminated soils and liquids. Provisions must be included for notifying the Engineer if contaminated soil or groundwater is encountered as outlined in EH -1. 3. A contingency plan for identifying contamination beyond the identified Special Construction Zone. 4. Procedures for segregating, storing and handling contaminated groundwater, soils, debris, and liquids. 5. Processes to be used for pretreatment of contaminated liquids. EH -4 6. Processes to be used for decontamination of debris. 7. Procedures for disposal of contaminated soils, debris, and liquids. 8. Vehicle and equipment decontamination procedures. 9. Location(s) of contaminated waste piles and/or containers. 10. Location(s) of vehicle, equipment, debris, and personnel decontamination area(s). 11. Location(s) of groundwater treatment system. 12. On-site, local, and regional haul routes for transportation of contaminated materials. 13. Procedures for preventing the spread of contamination. 14. Proposed method of protecting waste piles from runon/runoff per all regulatory agency requirements. Health and Safety Program (HASP) The Contractor shall be responsible for developing, maintaining, and enforcing safety procedures at the site. A written health and safety program shall be developed by the Contractor in accordance with 8 CCR §5192(b) to identify, evaluate, and control safety and health hazards and provide for emergency response. All necessary precautions for the safety of permanent and temporary employees, subcontractors, and site visitors shall be implemented by the Contractor, and all protective equipment and devices necessary to prevent damage, injury, or loss shall be provided by the Contractor. The Contractor shall provide a qualified and experienced safety representative at the site whose responsibilities shall be prevention of accidents and maintenance and enforcement of safety procedures including, but not limited to, scheduling air sampling, calibration of sampling equipment, and evaluation of soil or other contaminated materials sampling results. Site -Specific HASP The Contractor shall be solely responsible for developing, implementing, and enforcing a site- specific HASP. The Site -Specific HASP shall be prepared by a qualified person, as defined in 29 CFR §1910.120(a) and 8 CCR §5192(a), in accordance with requirements of 29 CFR §1910.120(b) and 8 CCR §5192(b). All employees shall be required to read the HASP, sign a compliance agreement, and abide by all provisions of the HASP. The site-specific HASP, which must be kept on site, shall address the safety and health hazards of each phase of site operation and include the requirements and procedures for employee protection. EH -5 At a minimum, the HASP shall include the following information: 1. List of site safety officers and other personnel responsible for HASP implementation including documentation that demonstrates proper employee training. 2. Emergency information, including phone numbers, addresses, and directions to the local hospital, fire department, police, and paramedics. 3. Physical description of the site and site conditions including site-specific data pertaining to known and potential physical, chemical and biological hazards. 4. Project -specific description of the work including a safety and health risk or hazard analysis for each task. 5. Controls that shall be implemented to mitigate each hazard including administrative and engineering controls and personal protective equipment (PPE) to be used by employees. a. For activities that involve no hazardous material contact, primary hazards are physical hazards associated with construction, trenches, and heavy equipment. b. For activities that involve direct contact or potential for contact with contaminated material, primary hazards include the following: i. Heat stress. ii. Inhalation of contaminants. iii. Skin or eye contact with contaminants. iv. Ingestion of contaminants. 6. Frequency and types of air monitoring, personnel monitoring, and environmental sampling techniques and instrumentation. 7. Description of Personal Protective Equipment (PPE) to be supplied for each level of protection and action levels proposed for PPE upgrades for various hazardous tasks. 8. Personnel and equipment decontamination procedures to be employed or various levels of protection. 9. Site control plan, identifying decontamination areas, ingress and egress areas, and exclusion zone(s). 10. Emergency response procedures including response actions to control releases of contaminants. 11. Training and certification requirements for site personnel assigned to each task in conformance with 8 CCR 5192(e). 12. Locations of confined spaces, confined space entry procedures, and confined space entry restrictions. EH -6 13. List of hazardous substances and Material Safety Data Sheets (MSDS) for each hazardous substance. 14. Accident/incident investigation and record keeping procedures and forms. Health and Safety Training All personnel, including subcontractors and visitors, who enter an exclusion zone, defined in the site-specific HASP, shall be qualified to work with contaminated materials as required by 8 CCR 5192(e). Personnel who enter the site shall be adequately trained and thoroughly briefed on emergency response procedures and potential health and safety hazards identified in accordance with 8 CCR §5192(b). At a minimum, site-specific training shall include the following: 1. Pre -job health and safety conference to be held before the start of actual work that includes the designated representative of the Engineer, the City of Tustin, the Contractor, employees, and employee representatives. Conference topics shall include a discussion of the employer's safety and health program and the means, methods, devices, processes, practices, conditions, or operations which the employer intends to use in providing a safe and healthy work place. 2. Pre -entry briefings to be held prior to initiating any site activity and at such other times as necessary to ensure that employees, subcontractors, and site visitors are apprised of applicable requirements in the site-specific HASP. The training shall thoroughly cover the following: a. Names of personnel and alternates responsible for site safety and health. b. Safety, health and other hazards present on the site. c. Work practices that minimize risks from hazards. d. Safe use of engineering controls and equipment. e. Use, care, and limitations of PPE. f. Decontamination procedures. g. Emergency response plan. h. Spill containment procedures. i. Confined space entry. In addition, employees who are responsible for responding to emergency situations shall be trained in how to respond to any anticipated emergency conditions. EH -7 At least one member of each crew shall be trained in first aid, cardiopulmonary resuscitation, and blood borne pathogen protection. The Contractor shall be responsible for coordinating any exchange of MSDS or other hazard communication information required to be exchanged among employers at the site. Personal Protective Equipment The Contractor shall furnish and maintain adequate PPE for use by its employees and site visitors. Contaminated PPE generated during site activities shall be disposed in accordance with applicable requirements in Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater." Provide suitable containment for contaminated PPE. Emeruencv Response In emergencies affecting the safety or protection of persons or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer, is obligated to act to prevent threatened damage or loss. The Contractor shall promptly notify the Engineer in writing if the Contractor believes that any significant changes in the work have been caused by its response to such an emergency. Personnel and Equipment Decontamination Personnel and equipment that come in contact with contaminated soil, debris, or groundwater shall be decontaminated prior to moving into clean areas, or handling clean fill, or leaving the project site. The Contractor shall supply all equipment, materials, and personnel required to construct and operate all vehicle, equipment, and personnel decontamination facilities. Shower and hand washing facilities and an emergency eye wash station shall be furnished and installed in the personnel decontamination facility to accommodate the Contractor's employees and subcontractors and any site visitors. Decontamination facilities shall be designed, located, constructed, and operated in a manner that prevents cross -contamination of areas and materials considered clean. If clean areas are contaminated, as determined by the Engineer, those areas shall be remediated at the Contractor's expense. Decontamination facilities shall be capable of capturing all overspray (water, mist, dust) and collecting and transferring all decontamination fluids. Decontamination fluids shall be collected and managed in accordance with requirements for contaminated liquids in Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater." Decontamination facilities shall be washed down regularly to remove any buildup of sediments. Sediments shall be collected and handled in accordance with requirements for contaminated soils in Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater." EH -8 Equipment and miscellaneous items shall be decontaminated until interior and exterior surfaces are visibly free of sediment, liquid, and wastes. The Contractor shall furnish and install backflow preventers if decontamination equipment or washing facilities connect directly to a potable water system, The Contractor shall regularly inspect decontamination facilities and promptly repair any damages to the facilities. Storm Water Pollution Prevention The Contractor shall implement, at a minimum, the storm water pollution prevention procedures specified below and within the project plans and project specifications when performing construction activities in the Special Construction Zone. Minimize storm water coming in contact with material that contain contaminants. Dispose of storm water contaminated by contact with materials that contain contaminants in accordance with requirements in Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater." Collect and store storm water contaminated by contact with soils or groundwater that contain hazardous constituents or materials in containers that meet requirements specified in Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater." Minimize disturbed soil areas during construction activities in the Special Construction Zone. Re -vegetate disturbed soil areas within 24 hours after completing backfill unless prevented by unfavorable weather conditions. Prevent contaminated sediment from migrating off-site. Remove and dispose of contaminated sediment that migrates off-site or accumulates in erosion and sedimentation control devices or structures in accordance with specifications in Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater." Excavate and dispose of soil contaminated by contaminated storm water runoff (or contaminated sediment) in accordance with Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater". Storm water pollution prevention procedures shall be utilized to prevent contamination of storm water, disturbed areas, sediment or soils. However, if contamination occurs due to lack of water or sediment control on the Contractors part, the contaminated material shall be handled as described above, at no additional cost to the City. Dust Control No visible dust shall be allowed on-site or off-site during construction activities in the Special Construction Zone. Whenever necessary to control dust, the Contractor shall spray fresh, potable water as specified in the Section of the Specifications entitled "Dust Control and Cleanup." In the Special Construction Zone, the Contractor shall apply only enough water to dampen surface soils, without ponding or creating muddy conditions, over spray, or run-off. EH -9 I% M 0 �614 H 044 oil 18:1 Water, dust, mud, sediment, or other materials generated by dust control operations, which contact materials containing contaminants, shall be collected and managed in accordance with Section EH -3 "Management, Transportation, and Disposal of Contaminated Materials other than Groundwater' at no additional cost. Payment Full compensation for conforming to the requirements of "ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS IN THE SPECIAL CONSTRUCTION ZONE," including furnishing all labor, materials, equipment and incidentals for accomplishing the work as specified herein, shall be considered included in the various contract Special Construction Zone related items of work and no additional compensation shall be allowed. EH -3 MANAGEMENT, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED MATERIALS OTHER THAN GROUNDWATER Description This work shall consist of properly classifying, excavating, handling, storing, transporting, and disposing of soils, slurries, sediments, decontamination water, storm water, and other residual materials that contain contaminants. The Contractor shall conduct operations in accordance with the Environmental Work Plan to ensure that contaminated materials are properly identified, segregated, transported, reused and/or disposed of in accordance with all applicable regulations. In the event contaminated excavated material must be disposed of off-site, the Contractor is responsible for the proper disposal of all soil, spoils, etc. that must be exported from the site. The Contractor shall perform tests, assessments, etc. to determine the requirements for handling, transport and disposal, including all costs to dispose of these materials in a legal manner and in accordance with these Special Provisions. The work shall be performed in a manner that does not allow for spreading of contaminated materials as a result of the construction activities via air, groundwater, soil, surface water, or on equipment leaving the work area. Definitions RCRA: Resource Conservation and Recovery Act References U.S. EPA SW -846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Vol. I. Title 22 CCR Chapter 11 Identification and Listing of Hazardous Waste Title 22 CCR Chapter 12 Standards Applicable to Generators of Hazardous Waste Title 22 CCR Chapter 13 Standards Applicable to Transporters of Hazardous Waste EH -10 Title 22 CCR Chapter 14 Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities Title 22 CCR Chapter 15 Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities Title 22 CCR Chapter 18 Land Disposal Restrictions Title 40 CFR Part 261 Identification and Listing of Hazardous Waste Title 40 CFR Part 262 Title 40 CFR Part 263 Title 40 CFR Part 264 Title 40 CFR Part 265 Title 40 CFR Part 268 Submittals Standards Applicable to Generators of Hazardous Waste Standards Applicable to Transporters of Hazardous Waste Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Land Disposal Restrictions Submit the following to the Engineer in accordance with the project specifications unless indicated otherwise herein. 1. Name, address, phone number, and U.S. Environmental Protection Agency (U.S. EPA) iuentification number and/or Department of Toxic Substances Control (DTSC) registration number for each proposed off-site transporter of contaminated material. 2. Name, address, phone number, and U.S. EPA identification number or State identification and/or permit number for each proposed transfer storage, treatment, or disposal facility. At a minimum, the disposal facility shall meet the requirements for a Class 2 landfill. 3. Copies of the waste manifest, signed by the generator, transporter(s), and disposal facility, for each shipment of contaminated material, non hazardous waste and hazardous waste. 4. Copies of the certificate of disposal and load or weight ticket for each shipment of contaminated material, non hazardous waste and hazardous waste. 5. Certified copies of analytical data reports and the resultant waste classification and waste code for each waste shipment. 6. The qualifications of the proposed testing laboratory to be used by the contractor for waste classification that demonstrate compliance with the minimum requirements specified herein. 7. Proposed testing laboratory's quality control/quality assurance manuals. EH -11 8. Copies of correspondence, reports, permits and other documents provided to, or received from, regulatory agencies. Waste Identification and Classification Based on previous testing conducted in the Special Construction Zone, soils and groundwater in the site vicinity are considered a designated waste and may contain Trichloroethylene (TCE), 1,1-Dichloroethylene (1,1-DCE), 1,2,3-trichloropro pane (1,2,3 -TCP), heavy metals (lead, arsenic, etc.), volatile organics, semi -volatile organics, pesticides (DDT, etc), hydrocarbon constituents, etc. Some of these constituents are known to the State of California to cause cancer or reproductive toxicity. Under the provisions of Title 22 CCR §66261.24, soil, or other media contaminated with some of these constituents may be RCRA or non-RCRA hazardous wastes. Accordingly, the Contractor shall excavate, handle and store the soils in accordance with the requirements for a hazardous waste. The Contractor shall include in their bid the costs for the excavation, handling, storage, and placement and compaction of the contaminated soil as described herein and as described in the project plans and specifications. The Contractor shall provide an Environmental Monitor with a minimum of five (5) years of experience in environmental investigations to observe all excavations during the course of the work. The Environmental Monitor shall observe the excavated soils during the course of the work and identify odors, staining or soil color, etc. which may be indicators of suspected contamination. In the event signs of potential or suspected soil contamination are observed, the Engineer shall be notified immediately. Testing Laboratory Services The Contractor shall be responsible for all laboratory services related to waste classification, on- site management, and disposal. At a minimum, all services shall be conducted by an independent, commercial testing laboratory that meets the following requirements: 1. Participant in a performance evaluation study within the last 6 months. 2. Subject to an independent, external audit on a yearly basis. 3. Conducts annual internal audits. 4. Certified by the State of California Department of Health Services. The Engineer reserve the right to contact and to visit analytical laboratories conducting testing for the project. Impacted Waste Storage EH -12 Contaminated waste must be removed from site within 10 days after receiving laboratory test results. Off-site transportation and disposal shall be in accordance with the contract documents. Protect temporary soil or debris stockpiles from rain by covering with a waterproof membrane per SCAQMD requirements. Do not place soil over or near monitoring wells or piezometers, utility line manholes, drain inlets or any other potential route for water to migrate to the subsurface. Provide containers in good condition free of cracks, rust, or leaks. Container materials shall be compatible with wastes to be stored within the container. Containers shall be equipped with covers that fit tightly to exclude rain water and to minimize airborne dispersal of wastes as required by SCAQMD specifications. Inspect, maintain, and repair containers. Comply with the 90 -day time limit for on-site accumulation of hazardous waste in Title 22 CCR Chapter 12, Article 3. Clearly mark the date upon which each period of accumulation begins on each container. Containers holding hazardous waste shall always be closed during transfer and storage, except when it is necessary to add or remove waste. Containers shall not be opened, handled, transferred or stored in a manner which may rupture the container or cause it to leak. Waste Manifest Complete waste manifests in conformance with Title 22 CCR Chapter 12, Article 2 and sign the appropriate lines of any required waste manifest forms for any class of waste transported from the site, certifying proper classification, packaging, labeling, and shipping of the waste. The Contractor shall be responsible for signing the waste manifest. Off -Site Transportation Before transporting hazardous waste off-site, comply with applicable shipping requirements in Title 49 CFR Parts 172, 173, 178, and 179; Code of Federal Regulations, Title 40 Part 263, and Title 22 CCR Chapter 13. Package the waste in accordance with applicable Department of Transportation (DOT) regulations on packaging under Title 49 CFR Parts 173, 178, and 179. Label and mark each package in accordance with the applicable DOT regulations on hazardous materials under Title 49 CFR Part 172. Stage empty transport vehicles only within areas designated by the Construction Manager. Do not stage loaded trucks on-site. Trucks shall leave the site immediately after loading. Do not allow trucks to park on public roads in a manner that disrupts vehicular traffic. Place covers on open transport vehicles or containers immediately after loading in a manner that sheds rainwater and prevents release of dust. Covers shall be fabricated from water- resistant material with sufficient strength to withstand wind loads during transit. Covers shall have tie -downs or other restraint mechanisms necessary to securely fasten them to the truck or container. EH -13 f�►:i:ii:� I�fl �l Clean vehicles, containers, and construction equipment until interior and exterior surfaces are visibly free of soils, sediment, liquids, and wastes. Soil or wastes that adhere to the undercarriage, tires, or sides of vehicles and equipment shall be completely removed prior to leaving the Special Construction Zone. Sediments and soil removed as a result of decontamination shall be considered contaminated materials. Inspect trucks, containers, and construction equipment before they exit the site. At a minimum, check the following items: Wheels and undercarriage of each vehicle shall be inspected to ensure that no visible soil or waste adheres to any surface. 2. Tailgates shall be inspected to ensure that they are tightly sealed. Covers shall be inspected to ensure that they are securely fastened and no holes are present. 3. Tank trucks shall be inspected to ensure that fittings are tightly sealed. No drips or leaks of any size shall be allowed from any truck or container. 4. Ensure that each truck is correctly placarded according to DOT regulations for hazardous materials under Title 49 CFR Part 172, Subpart F. Ensure that trucks meet applicable state and federal safety standards. The loaded weight of any truck shall not exceed its gross vehicle weight rating. Permit the Engineer to inspect trucks before they exit the site and remedy any deficiencies identified by the Engineer before the truck or container proceeds at no additional cost. Control transport vehicles entering and exiting the site to avoid traffic disruptions. Comply with local transportation regulations, ordinances, permits, and restrictions. Remediate waste spillage in transit in accordance with Title 22 CCR Chapter 13, Article 3 and other applicable federal, state, or local regulations at no additional cost. Payment Full compensation for conforming to the requirements of "MANAGEMENT, TRANSPORTATION AND DISPOSAL OF CONTAMINATED MATERIALS OTHER THAN GROUNDWATER," including furnishing all labor, materials, equipment and incidentals for accomplishing the work as specified herein, shall be considered included in the contract unit price per Ton, and no additional compensation shall be allowed. Any additional management, transportation, and disposal above (or below) the bid quantity will be compensated at the contract unit price for this article and will not be subject to the provision of Section 3-2, "Changes Initiated by the Agency," of the Standard Specifications. EH -4 PERMITS, LICENSES AND NOTIFICATIONS (Not a Bid Item) Description Requirements for working in the Special Construction Zone. EH -14 Submittals Contractor shall submit copies to the Engineer of permits, licenses and notifications required for project work in the Special Construction Zone prior to commencing work. Construction The Contractor shall comply with the requirements of the OCSD wastewater discharge permit, obtain all other permits, make all notifications, and possess all licenses required for excavating, handling, monitoring and transporting hazardous and non -hazardous materials as necessary to construct the project in accordance with the plans and specifications. The following is a partial list of agencies which may require permits for the work. The Contractor shall fulfill all permit requirements from the applicable agencies whether or not it is listed below. 1. Irvine Ranch Water District and/or Orange County Sanitation District — requirements and permits for disposal of water into the sanitary sewer. 2. South Coast Air Quality Management District (AQMD) — requirements for monitoring, excavation, and disposal of volatile organic compounds (VOC) impacted soils, AQMD Rule 1166. Payment Full compensation for conforming to the requirements of "PERMITS, LICENSES AND NOTIFICATIONS" including furnishing all labor, materials, equipment and incidentals for accomplishing the work as specified herein, shall be considered included in the various contract items of work and no additional compensation shall be allowed. EH -5 INSTALLATION OF DOMESTIC WATER, SANITARY SEWER AND RECLAIMED WATER PIPELINES IN THE SPECIAL CONSTRUCTION ZONE Description This work shall be performed as shown on the plans, as specified herein, and as directed by the Engineer. This work shall consist of installing domestic water, sanitary sewer and reclaimed water systems, including sand cement bentonite slurry bedding and backfill, materials, labor, tools and miscellaneous appurtenances necessary to construct complete and serviceable systems within the Special Construction Zone. Submittals Submit manufacturer's data, details and shop drawings in accordance with the project specifications and these Special Provisions. Submit the specifications and written installation procedures for the bedding, pipe, pipe joints and trench backfill to be supplied for the project. EH -15 law,, 81101 owl LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent (0.5%) of the total bid and the portion of the work to be done by such subcontractor. Pursuant to Labor Code Section 1725.5, the bidder shall also provide the Department of Industrial Relations (DIR) Registration Number of each subcontractor who will perform work on said contract. % Portion of Work Name, Telephone Number and Address of Subcontractor State License Number and Class DIR Registration Number Type of Work -- - i of this proposal, the Bidder certifies: 1. That he/she is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-15 EXHIBIT G 'WP�l CONTR<AC-roF;s s-rATE LICENSE BOARD ll Contractor's License Detail for License # 701834 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, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per S&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not fisted unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license dat ata current as of 9/15/2016 2:16:11 PM Business Information K E C ENGINEERING 200 N SHERMAN AVE CORONA, CA 92882 Business Phone Number:(909) 734-3010 This license is current and active. All information below should be reviewed. A- GENERAL ENGINEERING CONTRACTOR C27 -LANDSCAPING C34 -PIPELINE Entity Corporation Issue Date 01/26/1995 Expire Date 01131/2017 License Status Classifications Contractor's Bond This license filed a Contractor's Bond with SAFECO INSURANCE COMPANY OF AMERICA. Bond Number: 5818479 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual JAMES PALMER ELFRING certified that he/she owns 10 percent or more of the voting stocklmembership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 05/22/2003 BQI's Bond History Workers' Compensation This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number:DTJUB4B893916 Effective Date: 04/01/2014 Expire Date: 04/01/2017 Workers' Compensation History n+k,, EXHIBIT H Home I Online Services I License Detail I Personnel List Contractor's License Detail (Personnel List) Contractor License # 701834 Contractor Name K E C ENGINEERING Click on the person's name to see a more detailed page of information on that person Name Title Association Date Name Title Association Date Classification Additional Classification Name Title Association Date Disassociation Date Classification Additional Classification Title Association Date Disassociation Date Name Title Association Date Disassociation Date Personnel Currently Associated with License SCOTT JAMES PFEJ'= =ER OFFICER 01/26/1995 JAMES PALMER ELFR t=vG RMO / CEO / PRES 01/26/1995 A There are addiliona; cdssificGtion, that can be viewpo by selectinrs his link. Personnel No Longer Associated with License MAi' I EEW PAT,' Cr'i CARO RMO 01/26/1995 03/14/2003 A OFFICER 01/26/1995 06/30/2006 LESLIE RICF-i!',RO C.":RD OFFICER 01/26/1995 04101/2015 Home I Online Services I License Detail i Personnel List I Personnel Detail Contractor's License Personnel Detail Contractor License # 701834 Contractor Name K E C ENGINEERING Name MATTHEW PATRICK CARD Title and Class History Title RMO/CEO/PRES Classification A GENERAL ENGINEERING CONTRACTOR Association Date 01/26/1995 Disassociation Date 09/01/2000 Title RMO/CEO/PRES Classification C27 LANDSCAPING Association Date 01/2611995 Disassociation Date 09/01/2000 Title RMO/CEO/PRES Classification C34 PIPELINE Association Date 01/26/1995 Disassociation Date 09/01/2000 Title --&MO/C n/PRES - - Classification HAZ HAZARDOUS SUBSTANCES REMOVAL Association Date 01/26/1995 Disassociation Date 09101/2000 Classification A GENERAL ENGINEERING CONTRACTOR Association Date 09/01/2000 Disassociation Date 03/14/2003 Title RMO Classification C27 LANDSCAPING Association Date 09/01/2000 Disassociation Date 03/14/2003 Title RMO Classification C34 PIPELINE Association Date 09/01/2000 Disassociation Date 03/14/2003 Title RMO Classification HAZ HAZARDOUS SUBSTANCES REMOVAL Association Date 09/01/2000 Disassociation Date 03/14/2003 Bonding History Percent % Effective Date 01/26/1995 EXHIBIT I LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent (0.5%) of the total bid and the portion of the work to be done by such subcontractor. Pursuant to Labor Code Section 1725.5, the bidder shall also provide the Department of Industrial Relations (DIR) Registration Number of each subcontractor who will perform work on said contract. % Portion of Work Name, Telephone Number and Address of Subcontractor State License Number and Class DIR Registration Number Type of Work t1i'�1 LOJ.t1i j ':' 'di'i�J� 4Z �wi/'►� Ita)l7l]"�, r� f: t By submission of this proposal, the Bidder certifies: 1. That he/she is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-15 EXHIBIT J .t" I jF�J CONTRACTORS STATE L iCENSE BOA Contractor's License Detail for License # 346095 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 bylaw (B&P 7121.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civiljudgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Data current as of 9/16/2016 10;30:41 AM Business Information ORANGE COUNTY STRIPING SERVICE INC 183 N PIXLEY STREET ORANGE, CA 92868 Business Phone Number:(714) 639-4550 Entity Corporation Issue Date 09/29/1977 Expire Date 03/31/2017 License Status This license is current and active. All information below should be reviewed. Classificatlons C3? - PARKING AND HIGHWAY IMPROVEMENT C31 -CONSTRUCTION ZONE TRAFFIC CONTROL Bonding Information Contractor's Bond This license filed a Contractor's Bond with DEVELOPERS SURETYAND INDEMNITY COMPANY. Bond Number: 814031C Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual ROBERT GENE PATTERSON 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: 01/11/2001 BQi's Bond History Workers' Compensation This license has workers compensation insurance with the ZURICH AMER+CAN INSUrtRANC—E COM?AAY Policy Number:WC0123659 Effective Date: 06/01/2015 Expire Date: 06/01/2017 Workers' Compensation History w Contractor's License Detail for License # 161273 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 bylaw (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information STEINY AND COMPANY INC P 0 BOX 8100 BALDWIN PARK, CA 91706-0993 Business Phone Number:(626) 962-1055 This license is current and active. All information below should be reviewed. A - GENERAL ENGINEERING CONTRACTOR C 10 - ELECTRICAL B - GENERAL. BUILDING CONTRACTOR Entity Corporation Issue Date 07/01/1956 Expire Date 05/31/2017 License Status Classifications Bonding Information Contractor's Bond Data current as of 9/16/2016 10:30:51 AN This license filed a Contractor's Bond with SA;:ECO INSURANCE COMPANY OFAMER:CA. Bond Number: 6253061 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual SUSAN STEINY certified that her'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: 02/20/2013 BQI's Bond History Workers' Compensation This license has workers compensation insurance with the OLD REPUBLIC GENERAL INSURANCE CORPORA 1 ON Policy Number:A1CW95211 Effective Date: 07/01/2014 Expire Date: 07/01/2017 Workers' Compensation History nt.t,e. FA CONTRACTORS S":rA*I'E LICENSE E►OARD Contractor's License Detail for License # 782908 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 '; 124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per BEP 7071.17 , only construction related civiljudgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Data current as of 9/16/2016 10:31:01 AN Business Information R J NOBLE COMPANY P O BOX 620 ORANGE, CA 92856 Business Phone Number:(714) 637-1550 This license is current and active. All information below should be reviewed. A - GENERAL ENGINEERING CONTRACTOR C12 - EARTHWORK AND PAVING Entity Corporation Issue Date 08/14/2000 Expire Date 08/31/2018 License Status Classifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with WESTERN SURETY COMPANY. Bond Number: 58723788 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual MICHAEL JOSEPH CARVER 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: 07/18/2011 BQI's Bond History Workers' Compensation This license has workers compensation insurance with the ZURICH AMERIC'ki,! INSURANCE COMPANY Policy Number:WC0174363 Effective Date: 07/01/2014 Expire Date: 07101/2017 Workers' Comoensation History Other int � w � c..C,N f'IR' C 1 0 1 R —S TA -1,.E LIC E,"\.sE=. S 0 A R 0 Ull—� zf Contractor's License Detail for License # 359622 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 bylaw (B&P 'I124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per SBP 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has riot yet been entered onto the Board's license database. Business Information NOBEST INCORPORATED P O BOX 874 WESTMINSTER, CA 92684 Business Phone Number:(714) 892-5583 This license is current and active. All information below should be reviewed. A -GENERAL ENGINEERING CONTRACTOR Entity Corporation Issue Date 07/13/1978 Expire Date 07/31/2018 License Status Classifications Bonding Information Contractor's Bond Data current as of 9/16/2016 10:31:16 AM This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SC173466 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual ROBERT LAWRENCE NODLAND II 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: 10/09/1991 Workers' Compensation This license has workers compensation insurance with the TR1.VrL_7RS PRO?ER Y C.".SUfJ_TY COMR,INY 01 AMERICA Policy Number: UB0782P771 Effective Date: 10/01/2012 Expire Date: 10/01/2016 Workers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. i�:��:3�r;� . . M Mf. COP,, TRACTORS STATE LiCENSE: BOARD Contractor's License Detail for License # 772797 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, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Data current as of 9/15/2016 4:06:50 PM Business information MILLER ENVIRONMENTAL INC 1130 WEST TRENTON AVENUE ORANGE, CA 92867 Business Phone Number:(714) 385-0099 This license is current and active. All information below should be reviewed. C21 -BUILDING MOVING, DEMOLITION A - GENERAL ENGINEERING CONTRACTOR B - GENERAL BUILDING CONTRACTOR C-61 / D06 - CONCRETE RELATED SERVICES C39 - ROOFING C22 -ASBESTOS ABATEMENT Entity Corporation Issue Date 12/23/1999 Expire Date 12/3112017 License Status Classifications Certifications ASB -ASBESTOS (Check DOS Asbestos Registration) HAZ -HAZARDOUS SUBSTANCES REMOVAL Bonding Information Contractor's Bond This license filed a Contractor's Bond with BERKLEY INSURANCE COMPANY. Bond Number: 0162932 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual GREGG ANDREW MILLER certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 11/20/2012 BQI's Bond History ,6) 5.5 'r. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent (0.5%) of the total bid and the portion of the work to be done by such subcontractor. Pursuant to Labor Code Section 1725.5, the bidder shall also provide the Department of Industrial Relations (DIR) Registration Number of each subcontractor who will perform work on said contract. % Name, Telephone Number and State DIR Type of Work Portion Address of Subcontractor License Registration of Work Number Number and Class GyaA -,I5� 1. ''? {6- 1tl'`I t i3•�x � � '+ fir- �^ ° ''� fo 2'� a d 0 ®t L �i��� �5�✓ )1Z eA -1-7�' 1550SLSnr�Vw 0t ! t 7tVIUf� "�b0'4b 235 �SQ%tA�� y 1 1� 1{�/ env llG�ilfl}T WI 9i4t"43"t, iT4�6 119 qj.-oo4y 1."F I oa4w;��ri (,Z$ c1WZttrPpV S 5r,i Kvv ks brouel IIUU 4P21 -'Mo Ari tsncic 7 r• %A E. Ism, 143Ctgrgr C $���i �0 i 4�QUt11a <•11� +�uc� 1541 Tis o W1 K4 kf C •w. V+ISL rleclr`,c g2Zgs� iaaa�o�;50 1=.1Nc1c���1 lk� E � By submission of this proposal, the Bidder certifies: 1. That he/she is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-15 PROPOSAL Submitted To: Sukut Construction Contact: Address: Santa Ana, CA Phone: Fax: Project Name: Victory Road Extension Roadway Construction Bid Number: 16-110 Project Location: Victory Road, Tustin, CA Bid Date: 9/13/2016 Estimator: Matt Bahnsen Haz Removal I Line# Item # Description Quantity UM Unit Price 7 MANAGEMENT, TRANSPORTATION & DISPOSAL OF CONTAMINATED 500.00 TON MATERIALS OTHER THAN GROUNDWATER 21 Asbestos Sub Removal 566.00 LF 75.00 35.00 Greer M' I ,r Miller Environmental, Inc. State Contractors Lic.#i 772797 A, B, C21, C22, C39, C61/D06, ASB, HAZ Exp. 12-31-17 DOSH Registration No. 741 DIR Registration No. 1000000628, Exp. 6-30-17 1130 West Trenton Ave. 4 Orange, CA 92867 ♦ (714)385-0099 ♦ (714)385-0011 Fax 4 wNw.millerenvironmentai.com nau�e��e%T- I AANp4:o arxA{6rdW.1060,MC September 16, 2016 ATI Proposal No. Mr. Matt Bahnsen Email: mbahnsen absukut.com Sukut Construction 4010 W. Chandler Ave. Santa Ana, CA. 92704 Victory Road Extension American Technologies Incorporated (ATI) would like to thank you for the opportunity to submit our proposal for the above referenced project. This proposal has been prepared in accordance with project drawings, photos, and job walks to verify the scope of work and site conditions. We will outline our scope of work and pricing for the above-mentioned project below. • ATI Scope of Work • Management, Transportation & Disposal of contaminated materials other than ground water 500 tons • Dispose of 566 LF of up to 8" Asbestos pipe. • All loading or unloading of materials will be handled by General Contractor. • Pipe will be exposed and made safe by General Contractor or one of their subs. Pipe will not be disturbed or made to become friable. • ATI will furnish all bins to remove asbestos pipe. 1. Inclusions • ATI will provide all in-house equipment (ladders- hand tools) and building materials to perform our scope of work. • Working hours Monday- Friday AM shift. • Price is one mobilization • Mobilizations under the footages will be $1,500 each • ATI is responsible to dispose of all trash that is in their scope of work. • This proposal will be made part of contract documents. 2. Exclusions - The following is specifically excluded from our work: • Electrical supply and water will be provided to ATI at no cost. • ATI has not included site security or escort services as part of this proposal • Pipe is assumed to be empty and clean. • ATI has not included any bid or performance bonds in this proposal, any gas, electric or water failure is excluded. • Removal of any hazardous material except what is specifically noted in this proposal. • Safe -off/ Cut/Cap/ Relocation of MEP utilities. • Removal/ Re -placement of wall/ ceiling mounted fixtures including counter tops and cabinets. • Damages to surfaces caused by installation of containment or removal procedures. • Adherence to Specifications or Procedures submitted to ATI after proposal submission. • Re -strapping or re -hanging of any items to meet code, or any other code upgrades. • Costs or conditions caused by delays by others beyond ATI's control. • Costs for added work caused by hidden obstruction caused by floors, walls, slabs or ceilings not shown on drawings. • Union Labor Wages/ Prevailing wages, unless specifically noted. • Cost for Permit Fees are excluded. 3. Owner responsibilities: The Owner or his designated agent is responsible for providing to ATI the following: • Staging areas for equipment and dumpsters. • 24 hour access to the work area. • Sanitary facilities. • Parking for work force. • Removal of trash or tenant items, leaving the area "broom clean", prior to mobilization. • Designate those items to be left or saved prior to ATI mobilization. 4. Insurance and Bonding ATI carries standard General Liability Insurance which includes Contractors Pollution Liability in the amount of $1 million per occurrence, $ 2 million per project aggregate and a $ 9 million Umbrella Excess Liability with National Union Fire Insurance Company of Pittsburgh, an AIG Company, Best Rated A XV, all coverage is on an Occurrence basis. Bonds are provided at Owner's account by International Fidelity Insurance Company, (IFIC), Best Rated AVIII. 5. Payment Terms Payment is due within ten (30) days after receipt of ATI's monthly invoice. Any payment due and unpaid for more than 30 days, shall bear interest from the date payment was due at the lesser of eighteen percent (18%) per annum or the maximum rate permitted by law. The Client will be responsible for any attorneys' fees and collection costs ATI incurs in enforcing collection. 6. Price Our lump sum price includes the costs of all labor, PPE, equipment, materials, transportation and disposal of waste in order to perform the proposed scope of work described herein: Contaminated Materials: $ 87,500.00 Pipe Removals: $ 27,450.00 ATI hopes that this proposal is both concise and direct. If you have any questions, please do not hesitate to contact me at (800) 400-9353 @ ext. 1159 or by cell at (714) 474-6286. Sincerely, American Technologies, Inc. Tim Nunn Project Manager EXHIBIT L El frTHIC, INC. 9/15/16 Sukut Construction 4010 W. Chandler Ave Santa Ana, Ca. 92704 Attn: Matthew Bahnsen Re: City of Tus tin - Victory Rd C11' 1#70221 Mr. Bahnsen, As requested, below is a brief summary of material costs for the above referenced project. Please note that payment terms with our suppliers is typically net 30 day however exceptions to occasionally allow for 45 day payment terms: Major Purchase Order Materials (Poles, signal gear, controllers etc...) $349,000.00 (approximate) Consumable Materials (Conduit, pull boxes, wire, concrete etc...) $60,000.00 (approximate) Please let me know if you iflhere is any timlier information I can provide you. Sincerely, James A, Varnes — Operations Manager N191. Electric, Inc.. 09:'13 "2016 09c 38 FAX 6289607050 STEINY - BP ESTIMATING STEINY AND COMPANY, INC ELECTRICAL CONTRACTORS AND ENGI qEERS 12907 EAST GARVEY AVE., BALDWIN PARK. 'A 91706 PHONE (526) 338-9923 FAX (626) 337-68 9 License #161273 D!R # 1000004082 Expiration 06/30/017 RE: JOB CITY OF TUSTIN VICTORY ROAD EXTENSION BID DATE 911 312 01 6 BID JIME 1000 Z0001/0002 1 of 2 QUOTE# 7540 QUOTE VALID FOR 00 DAYS We are pleased to offer for your consideration our proposaior the eleclncat work required on the referenced project. Our proposal is in accordance with the terms and ronditions as Vated in the Contract Documents, and Includes the workk required for providing the electrical system as shown on the electrical p rls and as specified VAU EXTENSION 113 TRAFFIC SIGNAL VICTORY RD & RED HILL 1 AVE $256,000.00 $250000.00 114 TRAFFIC SIGNAL VICTORY RD & 1 ARMSTRONG AVE $216 000.00 $216.00000 115 TRAFFIC SIGNAL INTERCONNECT 1 S21,00U.00 $21,00000 115 STREET LIGHTS 14 'S5.6m N $76,400 00 117 CQNWITS, HAND HOLES & WIRE 1 $21,00000 $21,000 00 118 ELECTRICAL METER PEDST.AL (SA..) 1 $6,00000 $6 000 00 TOTAL $588,400.00 Clarifications, 1 includes traffic control for ow work only, based on mei 2 Contractor is to prepara all worx areas so as to be am called upon to start work until sufficient areas are read facilities including suitable storage space, traffic coram Company. Inc Additional Move-In(s) $.500 00,!,a, 3 This prvoosal Is based on all work being perforrned on allowance is included for any overtime. recent edd*r. of "WATCH" manual )tablA for our work under the subcontract Steiny & Company, Inc, vh! not be to insure continued work. The ;oatractor shall furnish all temporary site temporary electncal and water and sanitary fadlities at no cost to Steiny & time, basad eri a normal 8 -hour workday, 40 -hour per week basis. Nn 4 Contractor shall, if the rJwnei does not, purchase and maintain all tisk insurance upon full value of the entire work and/or materials delivered to the mbsita which shall inciucko the interestof Steiny & Company, inc. 5 Maintaining the temporary electrical systems noes not include temporary rsia"Ilon of iighimg signal and equipment 6 We rese" the right to review your Contract for mutual occeplarice 7 If electronic copies of as -built drawings are required, Prirre contractor to provide Steiny and Comp-sny, Inc. with original electronic riles at no oust to Steiny and Company, inc. a Purchase of long lead items is subject to baseline schodule It baseline schedule is not available, the purchase of long lead items as directed by the General Contractor/Owner, will be., s0ject to material on hand hisling and >7ayment 9 This proposal is all inclusive bid Items may not be sepei &ted without prior notitication 09/13/2016 09.39 FAX 6269607050 STEI,NY - BP ESTIMATING STEINY AND COMPANY, INC ELECTRICAL CONTRACTORS AND ENGi `EERS 12907 EAST GARVEY AVE., BALDWIN PARK, A 91706 11 F1 PHONE (626) 339-9923 FAX (616) 337.68 9 License #161273 DI # 1000004082 Expiration 06/30/2017 Q 0002/0002 2 ort Exctusioiu: 1 Bc+nds �II Construction permits, irspection fees and encroachmeht permits. I 3 Ublrty Company fees, support of existing utilities & star}dby time. 4 Tamporary power. lII 5 Concrete housekeeping, equipment pads curbs and bryllards 6 Surveying, layout, painting, patching, and landscaping li 7 Signing and striping i a Traffic control plans and "K" rail installation 95 Tree & plant protection 26 Weekend, shift and night work 27 Third party inspection on all rehar cages fpr out pole fopndabons. We appreciate the opportunity of providing you with our quotation for this project. The pnce(s) quoted herein is firm for 60 days, Should you have any question" please co tact us at your convenience. Sincerely I —\NV I i Mark Dillard, Senior Project Manager Lk # 822450, CIO PROJECT QUOTATION Project Description: Victory R& CITP # 70221 .0 -Owner/Contact: City of lbstLn Bid Date. 9-13-16 10:00 am 7 IRAMC aGNALIZATION 113 Traffic Signal-Vidary & Red Hill 1 L8 $289,900.00 289,900.00 114 Traffic Signal -Victory & Armstrong I L.14 $257,00000 257,000.00 115 Tmffic Signal Interconnect I Ls $34,000.00 34,000.00 STMT LiquT 116 Street Lights, Conduit and wire 14 Ea $6,071.43 $5,000.00 117 Conduit, hand holes, wire I LS $28,000.00 28,000.00 118 Electric6l Meter Pedestal for Street Lights I Ls $4.848.00 4P848.00 Grand Total S 698.748._00'' Addednum 4 1 acknowledged EXCLUSIONS- Bond, survey, permits and fees, inspection feeq, engineering fees, utility fees, Cal Trans Inspection and foes, asphaWsidewalk/ramps restoration, traffic control plan, signage & striping Pro. -pared by: KSOU Moore 4939 E. La Palma Ave. Anaheim, CA M07 -'Tei (71 3) 03-4837, Fax (714)693.4839 SHE Cert 959314 SIR Registration # 1460000550 b=IC' 10 elecnor group QUOTATION ELECNOR BELCO ELECTRIC, INC. 4331 SCHAEFER AVE. CHINO, CA 91710 TEL.: 909 993-5470 FAX: 909 993-5476 License No. 738518, A, B, C10 DIR No. 1000004804, Exp. 6/30/[7 '.VOTES: " ELECNOR BELCO ELECTRIC, INC. IS A UNION CONTRACTOR. ' WORK PERFORMED DURING NORMAL BUSINESS 14OURS MONDAY THRU FRIDAY FROM 7:00 AM TO 3:30 PM. ' QUOTATION VALID FOR (60) DAYS. QUOTATION BASED ON LISTED BID ITEMS AND CONTRACT DOCUMENTS. ' BELCO ACKNOWLEDGES ADDENDUM NO. 1. EXCLUDED FROM THIS QUOTATION: • BOND AND PREMIUM. IF BOND IS REQUIRED, OUR BOND RATE IS APPROXIMATELY (.70 OF I%). • UTILITY PERMITS, INSPECTION, QAJQC INSPECTION, SURVEYING, AND ASSOCIATED FEES. • DESIGN OR ENGINEERING OF DRAWINGS, SWPPP PLANS, BMP'S, TRAFFIC CONTROL PLANS, AND ASSOCIATED FEES. • SIGNING, STRIPING, AND SANDBLASTING (BELCO WILL INSTALL MAST ARM MOUNTED SIGNS FURNISIIBD SY OTHERS). • REPAIR AND REPLACEMENT OF PCC, AC, AND HANDICAP RAMPS. "PROVIDE TRAFFIC CONTROL FOR MAINLINE FREEWAY OR FREEWAY RAMPS. " WEEKEND, SHIFT OR NIGHT WORK (EXCEPT WHEN REQUIRED PER PROJECT SPECS.). WE APPRECIATE THE OPPORTUNITY TO PROVIDE OUR SCOPE OF WORK FOR YOUR CONSIDERATION. SHOULD THERE BE ANY QUESTIONS OR CONCERNS, PLEASE FEEL FREE TO CONTACT ME AT (909) 993-5470 EXT. 254 OR VIA EMAIL JWONG(gELECNOR.COM. ESTIMATOR: JOHN WONG Page 1 of I PROJECT DESCRIPTION VICTORY ROAD EXTENSION ROADWAY CONSTRUCITON PROJECT CIP NO. 70221 AGENCY / OWNER CITY OF TUSTIN ,BID DATE I TIME 9-13-16 / 10:00AM ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENSION NO. 113 TRAFFIC SIGNAL - VICTORY RD AT RED HILL AVE I IS $ 290,000.00 $ 290,000.00 114 TRAFFIC SIGNAL - VICTORY RD AT ARMSTRONG AVE l LS $ 279,000.00 $ 279.000.00 115 TRAFFIC SIGNAL INTERCONNECT I LS IS 34,000.00 $ 34,000.00 116 INSTALL STREET LIGHTS, CONDUITS AND WIRES 14 EA $ 6,200.00 3 86,800.00 INSTALL CONDUTCS, HANDHOLES, WIRE AND ALL NECESSARY 117 APPURTENANCES FOR STREET LIGHT SYSTEM I LS $ 25,000.00 $ 25,000.00 118 INSTALL ELECTRICAL METER PEDESTAL FOR STREET LIGHT SYSTEM =1 LS $ 5,000.00 $ 5,000.00 TOTAL BASE BID $ 7191,800.00 '.VOTES: " ELECNOR BELCO ELECTRIC, INC. IS A UNION CONTRACTOR. ' WORK PERFORMED DURING NORMAL BUSINESS 14OURS MONDAY THRU FRIDAY FROM 7:00 AM TO 3:30 PM. ' QUOTATION VALID FOR (60) DAYS. QUOTATION BASED ON LISTED BID ITEMS AND CONTRACT DOCUMENTS. ' BELCO ACKNOWLEDGES ADDENDUM NO. 1. EXCLUDED FROM THIS QUOTATION: • BOND AND PREMIUM. IF BOND IS REQUIRED, OUR BOND RATE IS APPROXIMATELY (.70 OF I%). • UTILITY PERMITS, INSPECTION, QAJQC INSPECTION, SURVEYING, AND ASSOCIATED FEES. • DESIGN OR ENGINEERING OF DRAWINGS, SWPPP PLANS, BMP'S, TRAFFIC CONTROL PLANS, AND ASSOCIATED FEES. • SIGNING, STRIPING, AND SANDBLASTING (BELCO WILL INSTALL MAST ARM MOUNTED SIGNS FURNISIIBD SY OTHERS). • REPAIR AND REPLACEMENT OF PCC, AC, AND HANDICAP RAMPS. "PROVIDE TRAFFIC CONTROL FOR MAINLINE FREEWAY OR FREEWAY RAMPS. " WEEKEND, SHIFT OR NIGHT WORK (EXCEPT WHEN REQUIRED PER PROJECT SPECS.). WE APPRECIATE THE OPPORTUNITY TO PROVIDE OUR SCOPE OF WORK FOR YOUR CONSIDERATION. SHOULD THERE BE ANY QUESTIONS OR CONCERNS, PLEASE FEEL FREE TO CONTACT ME AT (909) 993-5470 EXT. 254 OR VIA EMAIL JWONG(gELECNOR.COM. ESTIMATOR: JOHN WONG Page 1 of I FERREZRA 05A rERREIRA COASTAL CONSTRUCTION CO. CCL# 985180 t Union Contractor ; DfR# 1000001634 15188 Vista Del Rio Ave - Chino - CA - 91710 - Ph 714-128-7573 - Fax 90906-7711 Grand Total S 728,220.00 EXCLUSIONS: ' 1. Bond, Utility Fees, Engineering & Fees, Ispection & Fees, Survey & Fees, Signing, Striping. 2. Permits and Fees 1 3. Off Site Iiaul Away of Spoils (PCCh�bDirt) 4. Handling of Hazardous Materials 5. Third Party or Out of State Inspection or Fees Prepared by: Rusty Moore Rr oore@FerreiraConstruction.com r' 911312U16 Page t of 1 041316 Viccoty Rd -Tustin QUOTE Project Description: VICTORY RD �! ` Owner/Agency: TUSTIN I Bid Date & Time: 9113/16 LOAM Description QuantityItem 23 REMOVE EXISTING ELECTRICAL LINE 1,124 LF 5.00 5,620.00 113 TRAFFIC SIGNAL VICTORY / RED HILL ] 0 296,400.00 296,400.00 114 TRAFFIC SIGNAL VICTORY I ARMSTRONG 1 LS 246,100.00 246,100.00 115 TRAFFIC SIGNAL INTERCONNECT I,A LS 45,200.00 45,200.00 116 STREET LIGHTS, CONDUITS AND WIRES 4 EA 5,800.00 81,200.00 Comm, HAND mous, WME FOR 117 STREETLIGHTS r� 1 1' LS 49,600.00 49,600.00 118 ELECTRICAL METER PEDESTAL ' 1 LS 1 4,100.00 4,100.00 Grand Total S 728,220.00 EXCLUSIONS: ' 1. Bond, Utility Fees, Engineering & Fees, Ispection & Fees, Survey & Fees, Signing, Striping. 2. Permits and Fees 1 3. Off Site Iiaul Away of Spoils (PCCh�bDirt) 4. Handling of Hazardous Materials 5. Third Party or Out of State Inspection or Fees Prepared by: Rusty Moore Rr oore@FerreiraConstruction.com r' 911312U16 Page t of 1 041316 Viccoty Rd -Tustin QUOTE Page 1 of 2 Bid Date: 9/1 3120 1 6 Time: 10:OOAM Quote Number. 7491 Tustin, City Of Proposal for: Victory Road Extension Roadway Construction Project CIP70221 From VT Electric, Inc. 10825 Vernon Avenue, Ontario, CA 91762 LN: 763236 Type, C-10, DIR#1000005674 Phone: (909) 985-1755 Fax: (909) 985-8186 I VT - -,:, * �*' IBEW/NECA Union Member UDBE/DBE Certified, UCP #30828 Rev. Item Description Quantity Unit Unit Price Total Price _ J�^ _ 113 Traffic Signal Victory Rd @ Red Hili Ave 1.00LS 305,140.0000 305,140.00 Intersection 114 Traffic Signal Victory Rd @ Armstrong 1.00LS 261,150.0000 261,150.00 Ave Intersection 115 Traffic Signal Interconnect 1.00LS 39,625,0000 39,625.00 116 Install Street Lights, Conduits, & Wires 14.00EA 6,290.0000 88,060.00 117 Install Conduits, Hand Holes, Wire For 1.00LS 39,190.0000 39,190.00 St Light System 118 Install Electrical Meter Pedestal For St 1.00LS 7,440,0000 7,440.00 Light System Total: 740,605.00 d -Locked Bid -Hem ! = Zero 7ota1 Price 9/13/2016 9:35 am Estimator. Tony Tran k"�.+.Ha'�r�rdlli GenMMd bya Sir�e3oR Product 9/13/2016 VT Electric, Inc. 9:36AM Job Conditions - Attachment 'A' Victim Road Extension Roadway Construction Project CIP70221 INCLUDED IN THIS ESTIMATE ARE THE FOLLOWING ITEMfS): • ADDENDUM(S) NOTED - 1 EXCLUDED FROM THIS ESTIMATE ARE THE FOLLOWING ITEMfS) • PERMITS, FEES & BONDS INCLUDING ELECTRICAL UTILITY PERMITS, FEES, CHARGES, COSTS, ETC. • SURVEY & STAKING • STREET SWEEPING • TEMPORARY RAILING/BARRIERS • EROSION CONTROL - SWPPP • TEMPORARY CONSTRUCTION POWER, LIGHTING & HOOK-UPS • SPOILS OFF HAUL & DISPOSAL (120 C.Y.) • TRAFFIC CONTROL • SAWCUT, REMOVE, DISPOSE & REPLACE SIDEWALK - 4'X6'(8 EA.) • SAWCUT, REMOVE, DISPOSE & REPLACE ASPHALT - 4'X4'(1 0 EA.) • SIGNING AND STRIPING • POLE SHOP INSPECTION COSTS (ADD $5,500.00) Page 2 of 2 Estimator: Tony Tran For Job: Victory Road Extension Roadway Construction Project CIP70221� .t„ Generated bya SbarpeSonProduct WILLIAM J. FLYNN NEYHART, ANDERSON, FLYNN & GROSE30LL RICHARD K. GROSBOLL A PROFESSIONAL CORPORATION BENJAMIN K. LUNCH ATTORNEY5 AT LAW LOIS H. CHANO 369 PINE STREET, SUITE 600 WAN YAN LINO SAN FRANCISCO, CALIFORNIA 94104-3323 OR COUNSEL (415) 677-9440 MARK H, LIPTON FAX: (415) 677-9445 September 9, 2106 Via U.S. Mail Michael Crawford, RMO Sukut Construction, Inc. 40 10 W Chandler Avenue Santa Ana, CA 92704 Re: Steiny and Company; Orange- La Pata Avenue job Dear Mr. Crawford: STANLEY H. NEYHART 11910 • 1990) FRANK J.REILLY 1240- 1991) MAXINE AUERBACH (1940 -1005) JOSEPH FRE1TAS, JR. 0939. . 20001 30441.355 My office represents the Orange County Electrical Workers Trust Funds ("Trusts"). We have been informed by Steiny and Company ("Steiny") that they have been working on the "Orange - La Pata Avenue" job, and that Sukut Construction is the general contractor. Steiny is signatory to a collective bargaining agreement with the IBEW Local Union 441, and is therefore required to make fringe benefit contributions to the Trusts for work performed on this job. However, Steiny has failed to do so since March 2016. Please find enclosed a copy of the certified payroll for the "Orange - La Pata Avenue" job, provided by Steiny, for the months of April through July 2016. Also enclosed is a copy of the fringe benefit contributions owed on the job for these months, calculated based on the certified payroll. YOUR IMMEDIATE ATTENTION IS REQUIRED The trustees have a fiduciary duty under federal law to pursue all outstanding amounts. To that end, the trustees request that Sukut Construction issue a joint/direct check to the Trusts in the amount of $16,635.08. The check should be made payable to the "Orange County Electrical Industry" and sent to my address above. If you have any questions, or would like to discuss this issue, please contact me immediately at Nvling(alneyhartla�,N.com or 415-677-9440 x102. Very truly yours, �^ J00 M^ Wan Yan Ling, CC: Greg LeBlanc V_leblanc(&sukut.com; Jeff Golden igold en(.-4;sukut.com ' r{. i �. 1 � VIFF, ... � i�'IY`i � � -��,� «-_� 1 .. 1 r-��' rJtPl _! ,FI i. _r T. ..� � � � { WX �»ffi'".. �S�•�`5 r� ��-, �� I-• 1 �� r � �r ��� � � � a I�, o I , . I �� � I � ,«lo, ; , � . �.,1 ;» 444 , I 1 1 IIx "�jvj )3is{{2 R8AI$1�8 8�8€ S .. 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I ONM i df 1 P 1 4 n O CC =♦ y y p If V••� M 11•K i v«g y �wD S Z•-•7C�i 'A L mn2 8 y Is S 4 p ~ V 0 M jg M � yyA�h y9 u O fn , �A-6 M •�a w� F r• ATTACHMENT 3 Location Map LOCATION MAP Victory Road Extension d Roadway Construction Project t a r TUSTIN RANCH Y � a AK �Y i � t �t r +f ae TU8"N Ll! 3 CV NO SCALE �tiG� '4 �r�O0Q0 PROJECT LOCATION o �, Victory Road Extension q�tiG P��J N Roadway Construction Project F (CIP No. 70221) �� PROJECT c LOCATION P NGF P� WgRN fR FILE: CIP-70221 Victory Rd Exteneton.dwq