HomeMy WebLinkAbout10-ATTACHMENT 1VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Marcus Ohno, Chief Operating Officer
Ohno Construction Company
16396 Boyle Avenue
Fontana, CA 92337
Subject: Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No, 20043:
LA Engineering, Inc.'s Bid
Notice of Staffs Recommendation to Deny Bid Protest
Dear Mr. Ohno,
The City of Tustin ("City") has received your letter dated September 19, 2018 protesting Los Angeles
Engineering, Inc,'s ("LAE") bid related to . the Veterans Sports Park at Tustin Legacy Park
Improvements Project, CIP No. 20048, The following are our findings regarding the reasons for the
protest listed in your letter:
1. LAE listed an unregistered and non -responsible subcontractor (Hydrology),
Response: LAE has requested that the City allow LAE to substitute California Waters in
place of Hydrology Group, Inc., as authorized by Public Contract Code section 4107(a)(8),
which request has been approved,
2. LAE listed multiple subcontractors that are not permitted to install specified products,
'a. Spectra -Turf cannot install or supply the specified Play. Bound product because it is not
a certified installer.
Response: The playground specifications (LD -5.4) specify the following "Play Bound
Poured -In -Place W/ Aliphatic Urethane Extreme 10 Binder "or equal" Surface Base Mat
and Wearing Course." Public Contract Code Section 3400 prohibits agencies from calling
for a designated material or product, by brand name unless the specification includes the
words "or equal." LAE submitted a rubber surfacing comparison sheet, a test report,
specifications, and submittal documents for Spectra Pour that meets or exceeds the Play
Bound product, Spectra Pour is an "or equal" product to the Play Bound product in
compliance with the project specifications.
b. Hydrology cannot install or supply the specified Vortex system because it is not a certified
installer,
Response: Notwithstanding the fact that Hydrology has now been replaced by California
Waters, the project specifications do not require the installer of the Vortex system to be
a certified installer.
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300 Centennial Way, Tustin, CA 92780 6 P: (714) 573-3150 F: (714) 734-8991 • www.tustinca.org
c. SprinTurf cannot supply or install the specified Synthetic Turf product or an equal.
Response: SprinTurf is one of the City's pre -approved turf providers in accordance with
Specification Section 02880-2.1 "Acceptable Turf Providers." As noted above, Public
Contract Code section 3400 requires that an agency allow products "equal" to those
called for in the specifications, SprinTurf meets or exceeds the specifications for the
synthetic turfsystem.
3. LAE, bid is non-responsive because it did not use the correct notary form as required by the
bid documents,
Response: Public entities have discretion to waive inconsequential deviations from public
bid specifications. A deviation is inconsequential if it neither gives the bidder' an unfair
competitive advantage nor otherwise defeats the goal of preventing corruption in the public
contracting process. (Ghilotti' Construction Co. v City of Richmond (1996) 45 Cal.AppAth
897; 899) The use of a different; legally recognized notary form is considered to be an
inconsequential deviation.
4.'LAE did not include the required submittal for the Shade Canopies that was required with the
bid.
Response: 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,: While the specifications provide that
bid submittals are to include submittals for a fabric tension structure, the bid documents, in
compliance with Public Contract Code Section 4104(a)(1), provide that bidderss are to list
each subcontractor who will perform work in an amount in excess of 0,5% of the total bid.
With their response, LAE submitted a bid from USA Shade & Fabric Structures totaling
approximately 0.3% of LAE's total bid, Accordingly, it was permissible for LAE not to include
a bid for the fabric tension structures with its bid submittals,
5. Summary of LAE non -responsiveness material advantage..
Response: As noted above, the City finds LAE as the lowest responsive and responsible
bidder.
In conclusion, City staff finds the bid protest to be without merit and will recommend that the Tustin
City Council on November 20 deny the protest and award the contract to LAS:
Sincerely,
S. Stack, P. E.
of Public Works/City Engineer
c: Aaron O'Brien, Los Angeles Engineering
Ken Nishikawa, Deputy Director of Public Works
David E. Kendig; Esq., City Attorney
Page 2 of 2
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