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HomeMy WebLinkAbout07 AWARD OF CONTRACT FOR THE CONSTRUCTION OF PINE TREE PARK IMPROVEMENTS PROJECT (CIP 20087) DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Agnda AGENDA REPORT Rev eweld.Item DS 1W City Manager _ Finance Director Sa MEETING DATE: MAY 3, 2022 TO: MATTHEW S. WEST, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: AWARD OF CONTRACT FOR THE CONSTRUCTION OF PINE TREE PARK IMPROVEMENTS PROJECT (CIP No. 20087) SUMMARY Bids for the Pine Tree Park Improvements Project (CIP No. 20087) have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, Horizons Construction Company International ("Horizons"). RECOMMENDATION It is recommended that the City Council: 1. Deny the bid protest submitted by Handy Industrial ("Handy") as to Horizons; 2. Deny the bid protest submitted by Klassic Engineering and Construction, Inc. ("Klassic") as to Horizons; 3. Appropriate CDBG funds in the amount of$871,035 ($437,455 from program year 22/23 and $433,580 from prior CDBG Program Years); 4. Award the construction contract to Horizons, the lowest responsive/responsible bidder, in the amount of$2,096,819.17, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. FISCAL IMPACT Total project expenditures required to fund construction of this project is $2,258,275.17: • Construction Contract......................................................................$2,096,819.17 • Architectural Support Quality Assurance/Quality Control.......................... $48,500 • Deputy Inspection and Materials Testing.................................................. $15,000 • Contingency.................................................................................$97,956 • Estimated Expenditures................................................................$2,258,275.17 DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Award Contract for Pine Tree Park Improvements, CIP 20087 May 3, 2022 Page 2 The budgeted amount that is currently available for construction for this project is $1,387,240, which consists of$427,240 funded from the Park Development Fund and $960,000 funded from Community Development Block Grant Program (CDBG). In previous actions, the City Council allocated CDBG funds utilizing various program years. However, the related budgetary appropriations were not made at that time. Therefore, a supplemental appropriation in the amount of$871,035 is required from CDBG to fund this project. CORRELATION TO THE STRATEGIC PLAN The Pine Tree Park Project contributes to the fulfillment of the City's Strategic Plan Goal B: Create a plan to protect the City's public assets. Specifically, the project implementation of Strategy 5, which among other items, is to improve turf and landscape conditions for all community parks. BACKGROUND The City Council adopted Resolution No. 22-11 approving the plans, specifications and authorized/directed the City Clerk to advertise for bids on March 1, 2022. Pine Tree Park is a highly utilized park and includes a variety of enjoyable community amenities, such as a sand volleyball court, open and shaded turf areas, and a picnic shelter. The park is located at the corner of Bryan Avenue and Red Hill Avenue. The improvements will include restroom renovations, new landscaping, irrigation, turf, picnic shelter, sand volleyball court, playground equipment, rubberized playground surfacing, and a series of accessibility improvements in accordance with the Americans with Disabilities Act (ADA). Replacing the landscape, turf and irrigation will improve coverage, improve growth and enhance maintenance efficiency. The ADA improvements include access to play equipment as well as the walking paths and seating/picnic areas in and around the park. The typical service life for an irrigation system is 25-30 years and Pine Tree Park was built in 1973. Several individual projects have been completed over the years requiring multiple modifications to the irrigation system to accommodate each project accordingly. These projects include: • 1991 Installation of Playground Structure • 1999 Restroom Renovation • 2004 Picnic Shelter Installed • 2009 Play Equipment Replaced • 2010 Red Hill Avenue Parking Bay The new irrigation design accounts for the amenities within the park and corrects problems associated with the construction of the projects listed above. In addition, renovating the turf areas and re-sodding will improve durability, grade, drainage and enhance long term turf development. The original picnic shelter will be replaced to provide better shade for picnic shelter users. The renovation of the sand volleyball court will enhance the amenity currently used by patrons. The construction schedule for the project includes a complete closure of the park. Timing for this closure is not ideal but necessary for the City to meet the timely performance requirement put forth by the U.S. Department of Housing and Urban Development (HUD). HUD has a DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Award Contract for Pine Tree Park Improvements, CIP 20087 May 3, 2022 Page 3 longstanding policy of reducing the next year's grant allocation of a grantee that continues to be held in fund balance. Formal bids were opened on April 19, 2022. Ten (10) bids were received and are summarized as follows: • Horizons Construction Company International..............................$ 2,096,819.17 • Handy Industrial ..........................................................................$ 2,146,276.70 • Klassic Engineering and Construction, Inc....................................$ 2,156,926.14 • JMJ Construction..........................................................................$ 2,397,597.10 • KASA Construction, Inc. ...............................................................$ 2,459,953.44 • Archico Design Build, Inc..............................................................$ 2,498,919.68 • PUB Construction, Inc. .................................................................$ 2,499,592.60 • Legion Contractors, Inc. ...............................................................$ 2,545,627.50 • NR Development, Inc. ..................................................................$ 2,890,000.00 • Kazoni Inc dba Kazoni Construction. ............................................$ 3,317,124.58 References, the State Contractor's State License Board and registration with the Department of Industrial Relations for Horizons Construction Company International have been verified and found to be in good standing. Also, Horizons completed Frontier Park Improvements in October of 2020. Project notes reveal an exceptional experience between Horizons and the City of Tustin. The park improvements were completed on time and within budget. Protests to Horizons' Bid The City received two formal bid protests to Horizons' bid: one dated April 20, 2022, from Handy, the apparent second lowest bidder, and one dated April 20, 2022, from Klassic, the apparent third lowest bidder.' In the protests, Handy and Klassic requested that the City find the apparent lowest bidder, Horizons, non-responsive. Staff provided Horizons with an opportunity to respond to the issues raised in the bid protests and Horizons has provided a response. Staff, along with the City Attorney's Office, has reviewed the issues raised in the protests as to Horzions' bid and determined that the protests are without merit. The issues raised in the bid protests are discussed below. 1. Handy and Klassic contend that Horizons failed to list a subcontractor for the installation of playground equipment with the required contractor's license classification. Technical Specifications Section 02880 (Playground Equipment) provides that the "Contractor shall have a California State Contractor's License C61 (D34). Limited Specialty, Prefabricated Equipment." Handy and Klassic contend that Horizons failed to list a subcontractor with a C61 (D34) license for the installation of the playground equipment. In response, Horizons indicated that the installation of the playground equipment is less than 0.5% of its bid and thus Horizons is not required to list a subcontractor for this work. The City also received bid protests to the bids of Handy and Klassic,the apparent second and third lowest bidders. As staff is recommending that the City Council deny the bid protests as to Horizons,the bid protests as to Handy and Klassic are not relevant to the recommended action and thus are not discussed in this report. DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Award Contract for Pine Tree Park Improvements, CIP 20087 May 3, 2022 Page 4 Public Contract Code section 4104(a)(1) provides that an entity taking bids for a public works project shall state in the specifications that bidders shall list subcontractors who are to perform work in excess of 0.5% of the total bid. In compliance with this requirement, section B(10) of the Instructions to Bidders provides that bidders are to list "each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one-half of one percent of the Contractor's total bid." As Horizons has indicated that the installation of the playground equipment is less than 0.5% of its bid, Horizons is not required to list a subcontractor for this work. 2. Handy contends that Horizons failed to list a surveyor subcontractor. Horizons contends that a surveyor is not a subcontractor within the meaning of the Public Contract Code or the Contractors State License Law. Horizons further contends that as the surveying work is less than 0.5% of its total bid, Horizons is not required to list a surveyor if a surveyor is considered to be a subcontractor. Horizons' bid includes a line item in the amount of$9,770 for "Survey for construction - bench marks for establishing grades of new flatwork", which is less than 0.5% of Horizons' total bid. While land surveyors are governed by the Professional Land Surveyors' Act rather than the Contractors State License law, which supports the argument that a land surveyor is not a subcontractor within the meaning of Public Contract Code section 4104(a)(1), to the extent a surveyor is considered to be a subcontractor, Horizons is not required to list a surveyor who is not to perform work in excess of 0.5% of Horizons' total bid. 3. Handy contends that Horizons failed to list a site-specific Stormwater Pollution Prevention Plan ("SWPPP') subcontractor. Special Provision 7-8.6.3 provides that the Contractor is to submit a site-specific SWPPP, prepared by a qualified SWPPP Developer ("QSD") as defined by the Construction General Permit. The Construction General Permit provides that a QSD shall have one of various registrations or certifications, including but not limited to, a registered professional civil engineer, a registered professional geologist, or a registered landscape architect. A "subcontractor" for purposes of the Subletting and Subcontracting provisions of the Public Contract Code is defined to mean "a contractor, within the meaning of the provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, who contracts directly with the prime contractor." (Public Contract Code section 4113.) The Business and Professions Code beginning at Section 7000 sets for the contractor licensing requirements in California. Section 7026 defines the term "Contractor" and subsequent sections set forth exemptions to the licensing requirements, including exemptions for licensed architects, registered civil or professional engineers, and licensees operating within the scope of the Geologist and Geophysicist Act. A QSD does not fall within the definition of"subcontractor" for purposes of Public Contract Code section 4104(a)(1). Further, if a QSD were to be considered to be a subcontractor, Horizons is not required to list a subcontractor who is not to perform work in excess of 0.5% of Horizons' total bid. If a QSD were to be considered to be a subcontractor and if the SWPPP were to consist of more than 0.5% of the total bid without Horizons listing a subcontractor for this work, Public Contract Code section 4106 operates to require Horizons to self-perform the work. Accordingly, Horizons is not required to list a QSD for the preparation of the SWPPP. DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Award Contract for Pine Tree Park Improvements, CIP 20087 May 3, 2022 Page 5 4. Klassic contends that Horizons failed to list a subcontractor with a C-51 Structural Steel contractor's license. The bid documents do not require bidders to list a C51 license. Horizons has indicated that the welding and work related to a C51 license will not exceed 0.5% of the total bid. Accordingly, Horizons is not required to list a subcontractor for this work. 5. Handy contends that Horizons improperly submitted a bid as a prime contractor while also being listed as subcontractor in another contractor's bid. Section (B)(7) of the Instructions to Bidders provides that if a bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. However, this section goes on to state that "this restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor." Here, Handy contends that Horizons improperly submitted its own bid as a prime contractor while being listed as a subcontractor on another bid. Section B(7) allows Horizons to submit a bid as a prime contractor while also being listed as a subcontractor on another bid. 6. Klassic contends that Horizons failed to list the California State Contractors License numbers and classifications for certain subcontractors and also failed to list telephone numbers for its subcontractors. Public Contract Code section 4104(a)(1) provides that an entity taking bids is to provide in the bid documents that bidders are to include the name, the location of the place of business, the contractor license number, and the Department of Industrial Relations Registration number for each subcontractor who is to perform work in excess of 0.5% of the total bid. Section B(10) "Listing of Subcontractors" of the Instructions to Bidders provides that bidders are to list the name and place of business of each subcontractor who will perform work in an amount in excess of 0.5% of the total bid. The List of Subcontractors form provides that bidders are to set forth the name and business address of each subcontractor, the portion of the work to be done by such subcontractors, and their Department of Industrial Relations registration numbers. The table column headings in the List of Subcontractors also refer to telephone numbers and licenses numbers and classes of the subcontractors. Horizons provided the names and locations of its listed subcontractors but did not provide telephone numbers. Horizons also provided contractor license numbers for two of the four listed subcontractors, and license classifications for three of the four listed subcontractors. Horizons did not include contractor license numbers for two of the four listed subcontractors. However, staff was able to verify the contractor licenses for each subcontractor based on the information provided. An awarding agency has discretion to cancel a prime contractor's contract or to assess penalties for violations of the Subletting and Subcontracting provisions, including section 4104(a)(1). (Public Contract Code section 4110.) An agency also has the discretion to accept or reject a bid that does not include required subcontractor information. (86 Ops. Cal. Atty. Gen 90, Opinion No. 02-1012.) Public entities also have discretion to waive inconsequential deviations from public bid specifications. A deviation is inconsequential if it neither gives the bidder an unfair competitive DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Award Contract for Pine Tree Park Improvements, CIP 20087 May 3, 2022 Page 6 advantage nor otherwise defeats the goal of preventing corruption in the public contracting process. (Ghilotti Construction Co. v. City of Richmond(1996) 45 Cal.App.4t" 897, 899.) The City thus has discretion to accept Horizons' bid despite the missing contractor license numbers for two of the listed subcontractors. Further, to the extent the List of Subcontractors form is interpreted as requiring telephone numbers and contractor license numbers and classifications, the City has the discretion to waive deviations if the deviations do not provide the bidder with an unfair competitive advantage. As staff was able to verify the contractor licenses for each subcontractor listed in Horizons' bid, staff recommends accepting the subcontractor information submitted by Horizons. The information above is a summary of the bid protests and the City's response. The bid protests and the formal responses from the City have been included as attachments to this report. Staff is recommending that the City Council deny the bid protests submitted by Handy and Klassic as to Horizons's bid and award the construction contract for the Pine Tree Park Improvements Project (CIP No. 20087), to the lowest responsive/responsible bidder, Horizons Construction Company International. DocuSigned by: Douglas � 468 . Director of Public Works/City Engineer Attachment(s): 1. Horizons Construction Company International's response to bid protest letters, dated April 25, 2022 2. Handy Industrial bid protest letter, dated April 20, 2022 3.. Klassic Engineering and Construction, Inc. bid protest letter, dated April 20, 2022 DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 ATTACHMENT 1 Horizons Construction Company International's Response to Bid Protest Letters, Dated April 25, 2022 DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Horizons Construction Company 432 W Meats Avenue ! Orange CA 92856 P: 714 626-0000 F: 714-626-0006 April 25, 2022 Via Electronic Mail: Mr. Jason J. Churchill Field Services manager City of Tustin 300 Centennial Way Tustin, CA 92780 Re: Bid Protests of Pinetree Park Improvements Project (CIP No. 20087) Dear Mr. Churchill: I am writing on behalf of Horizons Construction Company International, Inc. to respond to the bid protests submitted by Handy Industrial ("Handy") and Klassic Engineer and Construction, Inc. ("KEC") in connection with its bid to the City of Tustin (the"City") on the Pinetree Park Improvement Project, CIP No. 20087 ("the Project"). Horizons is the lowest responsible bidder for the Project,and the City should award the Project to Horizons. Please consider this letter a protest of the award of the contract for the Project to any contractor other than Horizons. Handy and KEC have submitted a bid protest requesting that the City deem Horizons's bid non-responsive on three grounds: 1) They allege that Horizons was required to list a certified subcontractor for playground installation. 2) Handy alleges that Horizons was required to list a surveyor. 3) KEC alleges that Horizons did not include license numbers for certain subcontractors, and did not list a subcontractor with a C-51 license. Each ground for protest fails. As explained herein,the City should deny the protests and award the contract to Horizons, thereby realizing the benefit of Horizon's low bid. "A bid is responsive if it promises to do what the bidding instructions demand."Taylor Bus Service Inc. v. San Diego Board of Education, 195 Cal. App. 3d 1331, 1341 (1987). Under California law, a bid must conform to the material terms of the bid package. Menefee v. County of Fresno 163 Cal. A . 3d 1175 1985 . Material terms are generally those that affect price, quantity, or quality. An example of a material defect is one that allows the bidder to recalculate his price. Valley Crest Landscaping v. City Council of Davis, 41 Cal. App. 4`h 1432 (1996). DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Horizons Construction Company {� 432 W Meats Avenue Orange CA 92856 P: 714 626-0000 F: 714-626-0006 Furthermore, a public agency's determination of questions regarding bid responsiveness — is determined on the face of the documents submitted before the bid date. Taylor Bus Service, Inc. v. San Diego Board of Education, 195 Cal. App. 3d 1331, 1342 (1987). Questions regarding responsiveness of a bid generally do not address the bidder's ability to perform the work. In fact, public agencies generally are not permitted to turn responsiveness issues into responsibility issues by requiring submission of experience with the bid form. Bean Dredging Corp. v. United States, 22 Cl. Ct. 519, 523-524 (Ct. Cl. 1991). A determination that a bidder is not responsible— i.e. a question concerning the bidder's ability to perform the work--can only be made after notice and hearing. Cily of Inglewood Los Angeles County Civic Center Authority v. Superior Court, 7 Cal.3d 861, 867 (1972); D.H. Williams Construction v. Clovis Unified School District, 146 Cal. App. 4" 757, 764 (2007) (where public agency rejected prune contractor's bid for listing an unlicensed subcontractor, writ of mandate issued directing the agency to provide a due process hearing to determine responsibility). A. Horizons Complied With The Bidding Instructions "A bid is responsive if it promises to do what the bidding instructions demand."Taylor Bus Service. Inc. v. San Diego Board of Education, 195 Cal. App. 3d 1331, 1341 (1987). Neither of the protests makes any allegation that Horizons did not comply with the bidding instructions. The City provided six pages of detailed bidding instructions. They are contained in Exhibit B to the Notice Inviting Bids, and numbered pages B1-B6. The bidding instructions contain very specific instructions to prospective bidders. They require that bidders post a bid bond. They require that specific documentation be submitted. They require that the prime contractor be licensed at the time of the bid. (Section 8, page B-2). Nothing in the bidding instructions requires that a subcontractor who is certified at the time of bid to install playground equipment be listed—or that the failure to list such a subcontractor is grounds for rejection of the bid. Nothing in the bidding instructions requires that a surveyor be listed—or that the failure to list a surveyor is grounds for rejection of the bid. Nothing in the bidding instructions requires that the license numbers of subcontractors be provided, or that a C-51 subcontractor must be listed. Accordingly, the grounds for the bid protest are each beyond the parameters of the bidding instructions. They do not raise responsiveness issues, or otherwise permit the City to declare the bids non-responsive. B. Certified Installer for Playground Equipment. The protests reference specification section 02880's requirement that Horizons was required to list a subcontractor with a C61/D34 license. The protest fails for two reasons. (1) DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Horizons Construction Company 432 W Meats Avenue Orange CA 92856 P: 714 626-0000 F: 714-626-0006 s There is no such requirement applicable at the time of bid. (2) The actual installation of the playground equipment is less than I/2 of 1% of the bid and no listing is required. In D.H. Williams Construction Inc. v. Clovis Unified School District, 146 Cal. App. 4`r 757 (2007), a school district rejected the bid of a prime contractor(deeming it nonresponsive) because the prime contractor listed a subcontractor to perform concrete and masonry whose license had expired. The court of appeal directed that a writ of mandate issue reversing the public agency's finding that the bidder was nonresponsive, The court explained that even if the subcontractor was not licensed at the time of bid, it may be licensed at the time of performance. The court of appeal held that the public agency abused its discretion by finding the bid nonresponsive. D.H. Williams explains squarely that a public agency cannot reject a prime contractor's bid as non-responsive because a subcontractor does not hold a specific license, unless the bidding instructions clearly specify that the subs must be licensed at the time of bid. The bidding instructions include no such requirement. Moreover, Horizons is not required to list a subcontractor if the cost of performing the work will not exceed %2 of 1% of the prime contract. See Public Contract Code section 4014(1)(1). The actual installation of the playground equipment will not exceed '/2 of I%. Also, this is not a defect that is observable on the face of the bid and cannot be the basis for a finding of non-responsiveness. Great West Contractors v. Irvine Unified School District, 187 Cal. App. 4'h 1425 (2014) (school district improperly turned responsiveness issue into responsibility issue where the rejection of the bid turned on information not available on the face of the bid). C. Horizons Is Not Required To List A Surveyor The bidding instructions do not require that a surveyor be listed. Moreover,the subcontractor listing law only requires that subcontractors be listed. Public Contract Code section 4104(a)(1). Subcontractor is defined in section 4113 as follows: As used in this chapter,the word"subcontractor" shall mean a contractor, within the meaning of the provisions of Chapter 9 (commencing with section 7000) of Division 3 of the Business and Professions Code, who contracts directly with the prime contractor. Chapter 9 of the business and professions code is the subcontractor licensing law. It does not include surveyors. Surveyors are addressed in Chapter 15. See Business & Professions Code section 8700 through 8805. They are not subcontractors. They are not listed in Chapter 9 or the 7000s. Even if a surveyor could be considered a subcontractor, this scope of work does not exceed %2 of 1 percent of the contract. Act 1's own bid demonstrates this, as Act 1 listed the DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Horizons Construction Company �t 432 W Meats Avenue ' Grange CA 92856 # P: 714 626-0000 F: 714-626-0006 surveyor as being less than '/2 of 1 percent of the bid. Thus, even if Horizons was required to list a surveyor(it is not), it would not be required to list one that was less than '/z of 1%of the contract price. Section 4104. D. Horizons Submitted Information Regarding Licensed Subcontractors KEC complains that Horizons did not submit the license numbers for Marina, Spectra and Continental Plumbing. First,the bidding instructions do not require this. See D.H. Williams Construction, Inc. v. Clovis Unified School District, 146 Cal. App. 4th 757 (2007) (court holds that public agency's decision to reject bid based on unlicensed subcontractor must be reversed). Second,the subcontractors are licensed. Each of the subcontractors DIR numbers was listed. Anyone (including KEC or the City) can easily look up the subcontractors' license numbers from either the CSLB website or through the DIR numbers. Op. Atty. Gen No. 02-1012 (June 3, 2003) (public agency properly accepted bid from contractor who failed to specify business location for listed subcontractor because the location was ascertainable with inquiry). Horizons did submit the license numbers subsequently. Third, Continental Plumbing's license number was listed: 399073. A quick review of the CLSB's website reveals that it is active, and the specialty designations: DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Horizons Construction Company 432 W Meats Avenue Orange CA 92856 P: 714 626-0000 F: 714-626-0006 Sus;ness Information CONTINENTAL PLUMBING INC 11165 THURSTO€V LANE MIRA LOMA,CA 91752 Business Phone 14umber:(951)360-8300 Entity Corporation Issue Date 01.128 1981 Expire Date 01131/2023 License Status This license is current and active. All information belovi should be reviewed. ' C36-PLUMBING C34.PIPELINE C16•FIRE PROTECTION C-4.801I<ER,HOT WATER. HEATING AND STEAM FITTING Certifications . > n� Ax...r:uous suis ftr��l s reE auv�,� Lastly,KEC complains that no C-51 license is listed. Horizons is not required to list a subcontractor if the cost of performing the work will not exceed % of 1% of the prime contract. See Public Contract Code section 4014(l)(1). The actual welding and C-51 work will not exceed t/2 of 1%. Also, this is not a defect that is observable on the face of the bid, and cannot be the basis for a finding of non-responsiveness, Great West Contractors v. Irvine Unified School District, 187 Cal. App. 4"' 1425 (2010) (school district improperly turned responsiveness issue into responsibility issue where the rejection of the bid turned on information not available on the face of the bid). E. Even If Any Of The Alleged Issues Were Responsiveness Issues (They Are Not), They Should Still Be Waived In in keeping with the long line of authority that holds that a public entity has the right to DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Horizons Construction Company 432 W Meats Avenue Orange CA 92856 P: 714 626-0000 F; 714-626-0006 ■ ■ waive most types of irregularities in bids, each of the so called"irregularities" alleged are — waivable and should be waived.. Menefee v. County of Fresno, 163 Cal. App. 3d 1175 (1985); Universal By-Products v. Modesto, 43 Cal. App. 3d 145 (1974);Cal-Air Conditioning v. Auburn Unified School District, 21 Cal. App. 4th 655 (1993) (where prime contractor listed incorrect subcontractor, public agency properly permitted general contractor to substitute correct subcontractor). Horizons further reserves the right to protest the bids of KEC and Handy once it has the full opportunity to review those bids. Thank you for your consideration of the points raised in this letter. Horizons also requests notice pursuant to Government Code section 54954.1 of all meetings related to the award. I ask to be emailed all staff reports or recommendations concerning this project as soon as they are available to the public. If this letter is insufficient to accomplish any of these purposes, please let us know immediately what else is required so I can comply. Horizons looks forward to working with the City to complete the project successfully, and proudly adding this project to Horizons's impressive list of completed projects. Should you have any additional questions or need any additional information, feel free to contact me. Resp7Kotrawsh, i n V. President DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 ATTACHMENT 2 Handy Industrial Bid Protest Letter, Dated April 20, 2022 DocuSign Envelope ID: C209632A-1761-42F8-9BC5-21AAB22A4F47 Handy Industrial Address: 4228 Lewis St. Oceanside, CA 92056 handyindustrial@yahoo.com April 20,2022 Jason Churchill Field Services Manager City of Tustin 300 Centennial Way Tustin,CA 92780 REF: Pine Tree Park Improvements CIP No.2oo87 SUBJECT:Formal Bid Protest Dear Mr.Churchill, This letter serves as a formal bid protest from Handy Industrial for the Pine Tree Park Improvements CIP NO.20087 to Horizon Construction Company Int'l Inc.,the apparent lowest bidder. Handy Industrial does not want to cause any inconveniences nor hardships to the City of Tustin,but Handy Industrial upon preliminary reviewed of Horizon Construction Company's Int'l Inc bid proposal found errors on Horizon Construction Company bid that consider him as a non-responsive bidder.The errors listed as follows: i-Horizon Construction Company has failed to list a certified subcontractor for the installation of the playground equipment. Per project specifications, the playground equipment does require a certified installer. Section 02880-playground Equipment part 1.3-Licenses read as follows: 1.3 LICENSES: "Contractor shall have a California State Contractor's License C61 (D34). Limited Specialty,Prefabricated Equipment." 2-Horizon Construction Company has failed to list Surveyor subcontractor. Per project specification, all construction surveying shall be performed by a licensed land surveyor. Section 2 scope and Control of Work Part 2-9 surveying reads as follows: 2-9.1 Permanent Survey Markers DocuSign Envelope ID: C209632A-1761-42F8-9BC5-21AAB22A4F47 "These points shall be tied out and replaced by a licensed Land Surveyor or a licensed Civil Engineer authorized to practice land surveying pursuant to sections 8700 to 8806 of the Business and Professions code of the State of California(Land Surveyors Act). The Corner Records produced from said tie-out and replacement survey shall be furnished to the CITY OF TUSTINPublic Works Department as well as filed with the office of the County Surveyor indicating responsible charge(staloped),within 60 days of the final survey." 2-9.2 Survey Service "Except for private contracts,the Contractor will be responsible for the accuracy of surveying adequate for construction,however the task of surveying itself shall be performed under the direction of a licensed Land Surveyor or Professional Engineer,who is authorized to practice land surveying,retained or provided for by the Contractor.All construction surveying will be performed by or under the directio,,i of a licensed Land Surveyor or Professional Engineer,who is authorized to practice land surviymg,retained or provided for by the Contractor" 3-Horizon Construction Comp ny has failed to list site-Specific SWPPP subcontractor. Per project specification part 7-8 a site-specific SWPPP prepared by a qualified SWPPP Developer.Section 7Responsibilities of the contractor. 6.3rreads as follows: 7-8.6.3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) "The CONTRACTOR will need to submit a site-specijrc SWPPP,prepared by a qualified SWPPP Developer(QSD)as defined by the CGP,which must include the information needed to demonstrate compliance with all the requirements of the CGP,for review,approval,and certification by the City of Tustin prior to submittal of the Permit Registration Documents (PRDs) (the SWPPP is a required component of the PRD electronic submittal package). NO CONSTRUCTIONACTIVITY CAN BEALL 0WED UNTIL THE CITY OF TUSTIN HAS RECEIVED A WDID NUMBER FROM THE State Water Resources Control Board(S"CB) (Note:CIP projects in the Santa A a Region will receive a tracking number,not a WDID number). 4-Horizon Construction Company Int'l Inc.,submitted a bid as a prime,but at the same time is listed as a subcontractor for Archico Design Build Inc.See attached list of subcontractors from Archico Design Build Inc. Per Section 8 Instruction Toidders.#Treads: 7. Disqualification of Bidders "In the event that any bidder acting as a prime Contractor has an interest in more than one proposal,all such proposals will be rejected,and the bidder will be disqualified This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder,and while doing so,may a�o submit a formal proposal as a prime Contractor Due to the above noted deficiencies,Handy Industrial respectfully requests that the City of Tustin rejects the bid of Horizon Construction Company Int'l Inc.and find them nonresponsive. Sincerely, Wahead W' iam Raz/President DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 ATTACHMENT 3 Klassic Engineering and Construction, Inc. Bid Protest Letter, Dated April 20, 2022 DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 ,,,ussic Engineering and Construction, INC KE 250 S Tustin ST. Orange, CA 92866 Klassic Engineering and Construction Inc. CSLB#759241 A/B/C-36 DIR# 1000014420 Wednesday,April 20th, 2022 RE: Pine Tree Park Improvements Project CIP No. 20087-Bid Protest Letter of Apparent Lowest Bidder-Horizons Construction &Apparent 2nd Lowest Bidder-Handy Construction City of Tustin-Public Works/Mr.Jason Churchill-Field Services Manager, Klassic Engineering and Construction Inc. (hereafter referred to as K.E.C.)whom was the 3,d lowest apparent bidder for the Pine Tree Park Improvements Project that bid on Tuesday, April 19th, 2022 at 10 a.m. is hereby officially protesting the Bid Packages of the apparent lowest bidder-Horizons Construction (Hereafter referred to as "Horizon Bid") as well as the 2nd lowest bidder-Handy Construction (Hereafter referred to as "Handy Bid"). Klassic Engineering has presented its basis of protest in the complaints below that it is levelling at the 1St and 2nd apparent lowest bidder respectively. K.E.C.'s complaints against Horizon Bid (Apparent Lowest Bidder): Horizon Bid Complaint#1: Per Section 02880-"Playground Equipment" of the Specification Manual for the Pine Tree Park Improvements Project, 1.3 "Licenses" (attached as Horizon Bid Complaint#1-Attachment#1 and highlighted for your reference) clearly states "Contractor shall have a California State Contractor's License C61 (D34). Limited Specialty, Prefabricated Equipment." However, per the "List of Subcontractors" (Sheet 14 of 23 of Horizons Bid Package and attached as Horizon Bid Complaint#1-Attachment#2)that was submitted with the Horizon Bid, it fails to list a subcontractor for the installation of the Playground Equipment. Furthermore, as Horizons Construction themselves fail to hold a C61/D34 license they would be unable to self- perform this work. Horizons Construction failed to list a subcontractor with a C61/D34 license designated to install the Playground Equipment which is a violation of the Specification requirements and thus making their bid proposal non-responsive. Horizon Bid Complaint#2: Per the sheet titled "List of Subcontractors" (Sheet 14 of 23 of Horizons Bid Package and attached as Horizon Bid Complaint#2-Attachment#1)there is a requirement to list the "State License Number and Class". The Horizon Bid failed to list the California State Contractors License Number for "Spectra Systems Inc." as well as "Marina Landscape".The Horizons Bid failed to state the class of license for "Continental Plumbing". On the same sheet there is a requirement to place the Telephone Number for the listed subcontractors which the Horizon Bid failed to do for all of their listed subcontractors.As the Horizon Bid failed to provide the information required on the "Listed Subcontractors" sheet their bid shall be considered non-responsive as it was incomplete. Phone: 714.369.8389 EXT. 1003 E-mail: bids@Kecigroup.com DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 ,,,ussic Engineering and Construction, INC KE 250 S Tustin ST. Orange, CA 92866 Horizon Bid Complaint#3: Per the "List of Subcontractors" (Sheet 14 of 23 of Horizons Bid Package and attached as Horizon Bid Complaint#3-Attachment#1) does not list a subcontractor with a C-51 Structural Steel License nor do they hold a C-51 license themselves. As there is a welding requirement for the installation of the Icon Shelter(Bid Line Item #8) it is a requirement to list a C-51 subcontractor. As the Horizon Bid failed to list a C-51 subcontractor, said bid proposal is incomplete and therefore should be deemed non-responsive. K.E.C.'s complaints against Handy Industrial (Apparent 2"d Lowest Bidder): Handy Bid Complaint#1: Per Sheet C-4 of the Handy Bid (attached for your reference as "Handy Bid Complaint#1-Attachment#1")which was the second sheet of the "Bid Bond Form" documents that were provided with the Bid Documents,there is a requirement to place the company seal of the respective bidder. Handy Industrial failed to place their company seal on sheet C-4 which makes their bid incomplete and should be considered non-responsive Handy Bid Complaint#2: Per the "List of Subcontractors" (attached for your reference as "Handy Bid Complaint#2-Attachment#1") it is required to place the DIR Registration Number of all listed subcontractors.The DIR number provided in the Handy Bid for"Southwest Site Services" is listed as#10000440872, however there is no record attached to this DIR number as can be seen in "Handy Bid Complaint#2-Attachment#2" Handy Bid Complaint#3: Per the "List of Ready Mix Concrete Suppliers"that was provided in the bid documents,the "List of Ready Mix Concrete Suppliers" provided in the Handy Bid (attached for your reference as "Handy Bid Complaint#3-Attachment#1") lists "Associated Ready Mix Concrete"with a DIR#of 10000039570. However, after searching the DIR database it was found that there is no record attached to this DIR number as can be seen in "Handy Bid Complaint#3- Attachment#2" which shows that after running a search with the provided criteria there were no records found.Therefore,the Handy Bid did not meet the requirements set forth on the "List of Ready Mix Concrete Suppliers" sheet and therefore their bid is incomplete and should be deemed non-responsive. Handy Bid Complaint#4-Attachment#1-Per the "List of Subcontractors" (attached for your reference as Handy Bid Complaint#4-Attachment#1) does not list a subcontractor with a C-51 Structural Steel License nor do they hold a C-51 license themselves. As there is a welding requirement for the installation of the Icon Shelter (Bid Line Item #8) it is a requirement to list a C-51 subcontractor. As the Handy Bid failed to list a C-51 subcontractor, said bid proposal is incomplete and therefore should be deemed non-responsive. Per the three aforementioned complaints against the Horizons Bid as well as the four aforementioned complaints against the Handy Bid,these complaints highlight the fact that both the lowest apparent bidder and the 2"d lowest apparent bidder had incomplete Bid Proposal Packages that they submitted for the Pine Tree Park Improvement Project-CIP No.20087 that bid Phone: 714.369.8389 EXT. 1003 E-mail: bids@Kecigroup.com DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 ,,,ussic Engineering and Construction, INC KE 250 S Tustin ST. Orange, CA 92866 on Tuesday,April 19th, 2022 at 10:00 a.m.. Due to the incomplete nature of both of these bid packages, K.E.C. believes these bidders to both be non-responsive in their respective bids. While K.E.C. believes these facts to be self-evident and absolute, K.E.C.would be more than happy to discuss our Bid Protest Complaints further with the City of Tustin if necessary. K.E.C. looks forward to the City of Tustin's response to this matter and commitment to fair and equal bidding practices. �Sincerely, Keivan Shirali C.E.O. of Klassic Engineering and Construction Inc. Phone: 714.369.8389 EXT. 1003 E-mail: bids@Kecigroup.com DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Horizon Bid Complaint #I-Attachment #1 SECTION 02880 PLAYGROUND EQUIPMENT PART 1 —GENERAL 1.1 SCOPE: A. Furnish labor,material and equipment necessary for the removal, recycling and disposal of the existing playground equipment; and installation of the provided playground equipment, structure or modular unit as shown on the drawings and specification herein. B. Work shall include but not limited to the following: excavation, layout, and the installation of playground equipment in accordance with the manufacturer's in- stallation specifications,including all appurtenances and accessories as required for a full and complete installation. 1.2 RELATED WORK: A. Site Concrete (Section 02520) B. Playground Surfacing (Section 02790) 1.3 LICENSES: Contractor shall have a California State Contractor's License C61 (D34). Limited Specialty, Prefabricated Equipment. 1.4 CONTRACTOR'S RESPONSIBILITES: The Contractor shall obtain the manufacturer's instructions and procedures for the installation, in- cluding parts lists. Installer must be certified by the National Playground Safety Institute (MPSI). 1.5 PLAYGROUND EQUIPMENT INFORMATION Estimate Number— CA250515 Design Number— C21057PMRI 22 END OF SECTION DocuSignEnvelope ID:c209632A-1761-42F8-9BC5-21AAB22Aii-lu��"111plain* #I_A* ~ ~hment #2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104. the Bidder ahoU 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 exomoa ofone-half ofone percent (0.5%) of the total bid and the portion of the work to be done by such subcontractor. Pursuant to Labor Code Geodnn 1725.5, the bidder shall also provide the Department of Industrial Relations (DIR) Registration Number of each subcontractor who will perform work onsaid contract, No subcontractor may be listed on a bid proposal unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. - % Name, Telephone Number and State DIR Type of Work Portion Address of Subcontractor License Registration of Work Number Number and Class MARINA LANDSCAPE INC &B,C27,C29 23% 3707 W GARDEN GROVE BLVD C36 1000000079 LandsEcape:& ] i ORANGE,CA 92868 C-61/D49 C-61/D59 rrigation SPECTRASYSTEMSINC C-61/D12 6% 555 S PROMENDE AVE#103 1000002615 Ru bber P12Jygroun CORONA,CA 92879 Surfacing 814643 1000032144 9% 24849 LORNA DRIVE C-10 Electrical MORENO VALLEY, CA 92553 CONTINENTAL PLUMBING INC 1% 11165 THURSTON LANE 399073 1000000624 Plumbing MIRA LOMA, CA 91752 Bysubmission ofthis proposal,the Bidder certifies: 1 That he is eb|o 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 DocuSignEnvelope ID:c209632A-1761-42F8-9BC5-21AAB22Aii-lu��"111plain* #2_A* ~ ~hment #1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104. the Bidder ahoU 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 exomoa ofone-half ofone percent (0.5%) of the total bid and the portion of the work to be done by such subcontractor. Pursuant to Labor Code Geodnn 1725.5, the bidder shall also provide the Department of Industrial Relations (DIR) Registration Number of each subcontractor who will perform work onsaid contract, No subcontractor may be listed on a bid proposal unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. - % Name, Telephone Number and State DIR Type of Work Portion Address of Subcontractor License Registration of Work Number Number and Class MARINA LANDSCAPE INC &B,C27,C29 23% 3707 W GARDEN GROVE BLVD C36 1000000079 LandsEcape:& ] i ORANGE,CA 92868 C-61/D49 C-61/D59 rrigation SPECTRASYSTEMSINC C-61/D12 6% 555 S PROMENDE AVE#103 1000002615 Ru bber P12Jygroun CORONA,CA 92879 Surfacing 814643 1000032144 9% 24849 LORNA DRIVE C-10 Electrical MORENO VALLEY, CA 92553 CONTINENTAL PLUMBING INC 1% 11165 THURSTON LANE 399073 1000000624 Plumbing MIRA LOMA, CA 91752 Bysubmission ofthis proposal,the Bidder certifies: 1 That he is eb|o 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 DocuSignEnvelope ID:c209632A-1761-42F8-9BC5-21AAB22Aii-lu��"111plain* #3_A* ~ ~hment #1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104. the Bidder ahoU 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 exomoa ofone-half ofone percent (0.5%) of the total bid and the portion of the work to be done by such subcontractor. Pursuant to Labor Code Geodnn 1725.5, the bidder shall also provide the Department of Industrial Relations (DIR) Registration Number of each subcontractor who will perform work onsaid contract, No subcontractor may be listed on a bid proposal unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. - % Name, Telephone Number and State DIR Type of Work Portion Address of Subcontractor License Registration of Work Number Number and Class MARINA LANDSCAPE INC &B,C27,C29 23% 3707 W GARDEN GROVE BLVD C36 1000000079 LandsEcape:& ] i ORANGE,CA 92868 C-61/D49 C-61/D59 rrigation SPECTRASYSTEMSINC C-61/D12 6% 555 S PROMENDE AVE#103 1000002615 Ru bber P12Jygroun CORONA,CA 92879 Surfacing 814643 1000032144 9% 24849 LORNA DRIVE C-10 Electrical MORENO VALLEY, CA 92553 CONTINENTAL PLUMBING INC 1% 11165 THURSTON LANE 399073 1000000624 Plumbing MIRA LOMA, CA 91752 Bysubmission ofthis proposal,the Bidder certifies: 1 That he is eb|o 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 DocuSign Envelope ID:C209632A-1761-42F8-9BC5-21AAB22A4F47 Handy Bid Complaint #I-Attachment #1 DocuSign Envelope ID:F2F544A85-F9844313-B34B4l7D20DO50AA In the event suit is brought upon this bond by the Obligee and judgment is recovered,the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court_ INWITNESS WHEREOF,We have hereunto set our hands and seals on this 5th Day of April 2() 22 BY: "(YeaL47 (Seal) (seal) Handy Industrial (Seal) Principal ?,ACTOR Title: Christina Rogers, AttornQ-in-FactSeal) SEPT.25.1490 � American Contractors Indemnity SOmPanY_(Seal) FO Surety Address: c/o Performance Bonding Surety&Insurance Brokerage 15901 Red Hill Avenue, Suite 100 Tustin, California 92780 NOTE:Signatures of those executing for the surety must be properly acknowledged(use copy of blank form provided in this section). C-4 DocuSign Envelope ID:C209632A-17 i-lalluy211ilu CVlllplaint #2-Attachment #1 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. No subcontractor may be listed on a bid proposal unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. % Name, Telephone Number and State DIR Type of Work Portion Address of Subcontractor License Registration of Work Number Number and Class Western State Builders (760) 270- 8639 #1069677 2141 Orange Ave. Fitness & play- 9% Escondido CA 92029 C-61/D-34 #1000706410 ground installation o ertson Kecreational Surfaces (714) 904- 8219 #667261 1027 W. 9th St. 7% UlDland. CA 91786 C-61/D-12 #1000002700 rubber surfacing ZILA Stormwater Management (323) 455- 5012 1% 10880 Wilshire Blvd., Ste. 1101 #C4212634 #1000062414 SWPPP Ridgeline Engineering (209) 955-0110 #989812 2769 Boeing Way 1% Stockton, CA 95206 L8513 #1000039537 Survey Whitman Electric (626) 255- 1091 20523 Summertown St. #712068 9% C-10 #1000034714 electrical Southwest Site Services (951) 344-5752 963 Main St. #1058292 temporary .5% Riverside CA 92501 C-13 *10000440872 fencin 3P Landscape (951) 454- 2276 #1059783 15% 28782 Goetz Rd. C-27 flQ00834170 landscape By submission of this proposal, the Bidder certifies: 1. That he 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. DocuSign Envelope ID:C209632A-1761-42F8-9l3C5-21AAl322A4F47 il�-uullt; VVUIRJ liUlILIdL;LUl kuyibil etill i ACdiuh Handy Bid Complaint #2-Attachment #2 Enter at least one criteria to display registered public works contractor(s)matching your selections. Note:Search results will display all of the public works contractor registrations,both current and expired.Make sure a proper registration fiscal year is selected when performing a search. Input Label From Date:(ni lyyyy) To Date:(mmyddlyyyy) 10000444872 mmlddlyyyy B mml dell yyyy ❑ County City Crafts(Select all that apply) Registrations 0 Ashestos Search Results:0 found Showing Page 1 of 1 m 0 Boilermaker-Blacksmith 0 Bricklayer(Brick Tender 0 Carpenter 0 Carpet,Linoleum,Resilient Tie Layer Q Cement Mason Q Consultant L]Dn—(On/Off Hauling) p Drywall Installer/Lather/Finisher 0 Electrical Utility DocuSign Envelope ID:C209632A-1761-.L_LL4 X%1 7AAB22A4F47 np1aint #3-Attachment #1 11N.11t.L L1t.L tJVl LIST OF READY-MIX CONCRETE SUPPLIERS In accordance with Labor Code Section 1720.9 added by Assembly Bill 219, ready-mix concrete suppliers that deliver ready-mixed concrete for Public Works projects are considered subcontractors per Section 1722.1. The bidder shall also provide the Department of Industrial Relations (DIR) Registration Number of each ready-mix concrete suppliers who will supply ready- mix concrete on said contract. Name, Telephone Number and Address of Ready-Mix Concrete DIR Registration Suppliers Number Associated Ready Mix Concrete (949) 260- 6317 4621 Teller Ave., Suite 100 Newport Beach, CA 92660 #10000039570 DocuSign Envelope ID: rULAIl.. YYVIIBJ l-., d VI1LI4lVl rtUylJd tlLIUII JCdlloll Ch Handy Bid Complaint #3-Attachment #2 Enter at least one criteria to display registered public works contractors)matching your selections. Note:Search results will display all of the public works contractor registrations,both current and expired.Make sure a proper registration fiscal year is selected when performing a search. Input Label From Date:(mmlddlyyyy) To Date:(mmlddlyyyy) 10000039570 man ddlyyyy t] mmldd lyyyy d County CLty Crafts(Select all that apply) Registrations ®© D Mhestos Search Results:0 found Showing Page 1 ofJ. D Boilermaker-Blacksmith D Bricklayer!Brick Tender � � D Carpenter D Carpet,Linoleum,Resilient Tle Layer D Cement Mason D Consultant D Driver(OnIOff Hauling) DocuSign Envelope ID:C209632A-17 i-lalluy211ilu CVlllplaint #4-Attachment #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. No subcontractor may be listed on a bid proposal unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. % Name, Telephone Number and State DIR Type of Work Portion Address of Subcontractor License Registration of Work Number Number and Class Western State Builders (760) 270- 8639 #1069677 2141 Orange Ave. Fitness & play- 9% Escondido CA 92029 C-61/D-34 #1000706410 ground installation o ertson Kecreational Surfaces (714) 904- 8219 #667261 1027 W. 9th St. 7% UlDland. CA 91786 C-61/D-12 #1000002700 rubber surfacing ZILA Stormwater Management (323) 455- 5012 1% 10880 Wilshire Blvd., Ste. 1101 #C4212634 #1000062414 SWPPP Ridgeline Engineering (209) 955-0110 #989812 2769 Boeing Way 1% Stockton, CA 95206 L8513 #1000039537 Survey Whitman Electric (626) 255- 1091 20523 Summertown St. #712068 9% C-10 #1000034714 electrical Southwest Site Services (951) 344-5752 963 Main St. #1058292 temporary .5% Riverside CA 92501 C-13 *10000440872 fencin 3P Landscape (951) 454- 2276 #1059783 15% 28782 Goetz Rd. C-27 flQ00834170 landscape By submission of this proposal, the Bidder certifies: 1. That he 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.