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HomeMy WebLinkAbout10-ATTACHMENT 3Washington 9416 Martin Luther King Jr Wy S Seattle, WA 98118 Phone: 206-325-1529 Fax: 206-324-8063 ohnocc@comcast.net 01 NOCC*254BS California 16398 Boyle Ave. Fontana, CA 92337 Phone: 909-356-5672 Fax: 909-356-5673 ohnocc@comcast.net #833470A/B/C 12/C27/D 12 OHNO CONSTRUCTION COMPANY Celebrating over 50 years September 19, 2018 City of Tustin Department of Public Works - Engineering 300 Centennial Way Tustin, CA 92780 Sent by US Mail and via email to: En ineering_na tustinca.org , HDang_ Libunao a,tustinca.org , XangSomers @tustinca.ory, , and dstackQ)tustinca.org Re: Bid Protest- Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No. 20043: LA Engineering, Inc.' Bid To Whom It May Concern: On September 19, 2018, bids were submitted for the above referenced project. LA Engineering, Inc.'s bid should be rejected as non-responsive for the following reasons: 1. LA Engineering listed an unregistered and non -responsible subcontractor LA Engineering listed Hydrology for the Water Play item. Hydrology's DIR registration is expired. (See exhibit 1). Per Labor Code Section 1725.5, and as stated on pages A-2, B-5, and D-3 of the Project Specifications, "No contractor or subcontract shall be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations" and "No contractor or subcontractor shall be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations". Thus, LA Engineering is in direct violation of this Code and the Project bid requirements and should be deemed non-responsive. As to Hydrology's responsibility as a subcontractor for this work, it used to work under the name LL Waterfall (CLSB 1011973). LL Waterfall is no longer licensed and is defunct due to numerous performance issues and complaints and simply reregistered 1 of 4 under a different name (Hydrology). Generally, a responsible contractor must have a history of satisfactory performance and be otherwise qualified and capable of performing the work, Hydrology fails this test. 2. LA Engineering listed multiple subcontractors that are not permitted to install the specified products. Per PCC 4104, LA Engineering must use the listed subcontractors and cannot self- perform elfperform the work or subcontract to a different subcontractor. LA Engineering must therefore be able to supply and install the specified products and use the subcontractors listed on its bid form.to be considered responsive. a. Spectra -Turf Cannot install or supply the specified Play Bound product because it is not a certified installer. The Play Bound Poured in Place with Extreme -10 aliphatic urethane binder is specified for this project on detail B, sheet LD -5.4 and may only be installed by certified installers. SpectraTurf was listed by LA Engineering for this scope of work and is not a certified installer/supplier of this system. In fact, its quote clarifies that it is providing "SpectraPour" (not the specified product). (See exhibit 2). b. Hydrology cannot install or supply the specified Vortex system because it is not a certified installer. The Vortex system is specified for this project on Plan pages LD -5.3 and LM -1 and is only supplied by Miracle Playground; only certified installers may legally install this system. (See Exhibit 3). Hydrology is not among the seven certified installers and can therefore not perform the work. c. SprinTurf cannot supply or install the specified Synthetic Turf product or an equal SprinTurf was listed by LA Engineering for the Synthetic Turf. Project Specification Section 02880, Part Two - Products Section 2.2(A), identifies the required turf material: "A complete synthetic turf system consisting of a combination of high micron thickness monofilament fibers and 10,000 denier XP Plus parallel slit film fibers along with an extruded monofilament RootZoneTM". RootZoneTM is a patented product only used by AstroTurf and utilizes a proprietary process that cannot legally be duplicated. SprinTurf s, material also does not meet the denier requirements. This can be shown through testing as provided by the required submittal. It may seem like a comparable product, but the differences are critical to the long-term durability of the fields. It is simply a cheaper and inferior product. (See Exhibit 4) 2of4 Section 1.4- Quality Assurance states that the Turf Provider "shall be experienced in the installation of synthetic infill grass (including RootZone® fiber) for a minimum of five (5) years." SprinTurf does not meet this qualification. Section 2.2 (E) states that "The entire turf system must include a factory -applied heat reduction technology" This specification is critical because it helps reduce surface temperatures. This is a Trademarked technology (AstroFlectTM) by AstroTurf and cannot be legally duplicated by SprinTurf. Further, only AstroTurf certified installers (which SprinTurf and LA Engineering are not) may install AstroTurf products. 3. LA Egineering's bid is non-responsive because it did not use the correct notary form as required by the bid documents. Bid Document pages C-19, C-24, and C-27 state that the bidder should "Attach proper Notary Acknowledgement for signature of authorized person Use copy of blank form provided in the section." The Notary form was provided on C-29 and had additional required information describing the document being notarized. (See Exhibit 5, comparison ofprovided bid form and form submitted with bid). Without this information, the notarization page could refer to any page or document. Here, LA Engineering used a general acknowledgement that was different from the required form and deficient as to the pertinent contents. LA Engineering should therefore be declared non-responsive because failure to use the correct form is by its nature non- responsive to the request for bids and essential to the validity of the bid security. 4. LA Engineering did not include the required submittal for the Shade Canopies that was required with the bid. Project Specification Section 02875A requires a Fabric Tension Structure submittal be turned in with the bid. This includes proof of reference sites, fabric color samples, and proof of quality assurance items. This required set of submittals was not present with LA Engineering's bid proposal and should therefore render its bid non-responsive since it was incomplete. S. Summary of LA Engineering's non -responsiveness material advantage LA Engineering received a significant advantage by submitting a non-responsive bid. Firstly, the use of ineligible/illegal subcontractors significantly lowered LA Engineering's pricing. Secondly, LA Engineering cannot do the specified work with its listed subcontractors and a resolution to this is unknown. Thirdly, and most importantly, the submission of a non-responsive bid document renders its bid security void. With each of these non-responsive elements individually, and certainly as a whole, the bid bond 3 of 4 would not be in force if the City were to pursue a claim. This gives the bidder the unfair material advantage of being able to "throw a low number" at the job and, after the bid is opened, proceed with the work or withdraw its bid. For the above reasons, Ohno Construction respectfully requests that LA Engineering's bid be declared non-responsive and that the project be awarded to Ohno as the lowest responsive and responsible bier. Sincerely, Chief OBrat' g Officer In Hous -C nsel Ohno C truction Company 4 of 4 Exhibit 1 Print out of California DIR's registered contractor lookup: Hydrology's registration is expired 9i'i9 2018 California Department of Industrial Relations - Contact DIR Details Legal Name Registration County City License Current Registration Expiration Number Type/Number(s) Status Date Date View HYDROLOGY 1000056013 RIVERSIDE MURRIETA CSLB:1034751 Expired 03/01/2018 06/30/2018 GROUP About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us ]obs at DIR Licensing, registrations, certifications & permits Required Notifications Public Records Requests v2.20171120 Learn More Acceso al idioma Frequently Asked Questions Site Map CopyrightTO 2017 Stale of California https://efiling.dir.ca.gov/PWCR/Search.action 2/2 Exhibit 2 Copy of SpectraTurf's bid: Shows it intends to install non- specified product Quote Number: 52965 QUOTE Quote To: GENERAL CONTRACTORS Phone: Description: SpectraTurf Inc 555 S Promenade Ave, Suite 103 Corona CA 92879 Phone: (800)875-5788 Fax: (951)734-3630 Date: 9/17/2018 Expires: 12/16/2018 Project: Veterans Sports Park - Tustin, CA Sales Person: House INCL ODES PRE VA ILING WAGES. Provide & install SpeclraPoursafety surfacing by Spectra Turf. Area 1(Sheet LD -5 1): 3215 SF @ 2.5" UNIFORM thickness, certified for a max. fall height of 6'-0" Area 2 (Sheet LD -52).• 4225 SF @ 4.25' UNIFORM thickness, certified for a max. fall height of 10' 0" Area 3 (Sheet LD -52): 1477 SF @ 3.5" UNIFORM thickness, certified for a max. fall height of 8'O" Wear layer Color as noted on plan sheets & details. Wear layer includes Aliphatic (UV -stabilized) Resin (Addendum #3) NO GRAPHICS OR COLOR PATTERNS INCLUDED. ADD ALT#2-BID ITEM#212 Pro vide Rubberized surfacing in lieu of water -play area... ADD $ 25,336. 00 1984 SF @ 3.5" UNIFORM thickness, certified for a max. fall height of 8=O" EXCLUDES., Aggregate sub -base; concrete work, fecning/security, post-insillation testing, etc. SEE FINAL PAGE OF PROPOSAL FOR FULL TERMS & EXCLUSIONS. Line Part Description Order Qty Unit Price 1 SYS -001 System, SpectraPour 1.00 EA $117,904.0 0 Subtotal Total Charges Total PROPOSAL ACCEPTANCE United States Dollar Ext Price $117,904.00 $117,904.00 $0.00 $117,904.00 CA#854429 CA DIR#1000002615 NV#0081500 WA#SPECT**953CM Page: 1 of 3 Quote Number: 52965 QUOTE SpectraTurf Inc 555 S Promenade Ave, Suite 103 Corona CA 92879 Phone: (800)875-5788 Fax: (951)734-3630 ACCEPTANCE: By signing below, I agree to the above proposal as well as the terms outlined in this agreement on page 2. 1 am duly authorized by to approve and accept this proposal as stated. SIGNATURE: DATE: PRINTED NAME: TITLE: COMPANY NAME: BILLING CONTACT: ADDRESS: PHONE: FAX: EMAIL: Issue all Purchase Orders, Contracts, and payments to SPECTRATURF. Send ALL completed forms back to your SpectraTurf Sales Representative: Alex Stout Thank you for considering SpectraTurf on this project. TERMS AND CONDITIONS CA#854429 CA DIR#1000002615 NV#0081500 WA#SPECT**953CM Page: 2 of 3 Quote Number. 52965 QUOTE SpectraTurf Inc 555 S Promenade Ave, Suite 103 Corona CA 92879 Phone: (800)875-5788 Fax: (951)734-3630 See product specifications for detailed product and installation information. Product specifications are available from your Sales Representative. Material samples will be provided upon request. 1. Quote is based on the information provided here within and is subject to change based on final installation unless otherwise indicated in writing. Any changes or additions to this proposal will affect pricing. 2. The price quoted applies to any quantity equal or less to that quoted or less than the thickness noted on page 1. If the area to be surfaced is larger or requires thicker material, we will require a change order for the additional square footage or thickness. We do not proceed without a signed change order. 3. All thicknesses noted on Page 1 are to be installed at a uniform thickness throughout the entire playground area, unless otherwise noted. 4. Contractor/Owner is to provide a minimum 3 week notice for the commencement of the safety surfacing installation. 5, In the event that a change in thickness, square footage, color or color percentage is requested, a revised proposal and/or purchase order will be required before installation can begin. 6. Changes to the proposed scope not agreed to here within or separately in writing may result in additional charges in the form of a change order. Work cannot commence until the Change Order is fully executed. 7. Installation crew chief will act as out on-site representative, but is not able to bind the company to any agreements, including verbal. All decisions are to be made by authorized office personnel only. 8. Project completion time must be extended, regardless of the extension allowed by owner, due to any delays caused by unacceptable weather conditions and/or temperatures, or delays by Owner, Contractor, or any other sub -contractors not under the direct control of SpectraTurf. 9. ANY additional site work not included here within, including sub -base, is the responsibility of the owner. 10. We provide a brief visual inspection of the of the sub -base. There is no testing we can do to ensure the base was done correctly. Proceeding with installation of surfacing does not constitute acceptance of the sub -base. 11. Job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler, and/or water systems must be shut off 24 hours before installation and remain off for 48 hours after installation is completed. 12. Additional charges for downtime/stand-by may be assessed in the event that installation is delayed due to site not being ready as scheduled or if the installation is interrupted for reasons other than those related to weather or general public emergencies. 13. Security during installation through turnover of project to owner, is the responsibility of the Owner/General Contractor 14. Any excess material at the job site upon completion is the property of SpectraTurf. 15. Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments. 16. Scheduling and crew deployment is subject to weather conditions. 17. Warranties will NOT be issued until payment is received. 18. Terms of Payment are COD, unless otherwise negotiated, INSTALLATION EXCLUSIONS unless otherwise noted in Project Notes on page 1 PermIt/Licensing Builders Risk Insurance Excavation and Site Work Preparation Third Party Insurance (OCIP, etc.) Third Party Playground Inspection Fees for TEXTURA or similar Hoisting & Lowering of material & equipment to above ground level locations Prevailing / Davis Bacon Wages Union Fees (PLA/PSA Contracts) Design /Engineering Post -installation Fall Height/Attenuation Testing Temp Fencing/Security HOA Additionally Insured Demolition Play Area Drainage Waste/Dumpsters Rooftop Installations Extended Warranty Payment & Performance Bonds (Add 1.5%, if required) INITIALS CA#854429 CA DIR#1000002615 NV#0081500 WA#SPECT**953CM Page: 3 of 3 Exhibit 3 Email from Miracle Playground (Vortex distributor) and list of certified installers *7 Reply I Y ® Delete Junk I Y ••. Re: Veterans Sports Park Kelly Spence<kelly.spence@miracleplayground.com> Reply I v I" Wed 9/5,134 PM Ohno Estimating v Inbox California Vortex Installe... 101 KB v Show all 1 attachments (101 KB) Download Save to OneDrive - Ohno Construction Company 0$ ! Action Items Thank you for your consideration of Miracle Playground Sales. Kelly Spence 800-264-7225 x108 877-215-3869 fax 9106 Pulsar Ct Ste C Corona, CA 92883 -------------------- ke lyspence@miracleptayground.com CLICK THE LINK BELOW FOR A COMPLETE LIST OF PRODUCTS http://www.miracIeplayground.com/products NOTICE: This design/development/information contains privileged and confidential information and is intended only for the owner to whom it is addressed. If you do not represent the owner, you should not disseminate, f7 Reply ( v ® Delete Junk I v ••• copied, modified or transmitted or used for any purpose except with Miracle Playground Sales written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. Miracle Playground Sales encourages you to be environmentally friendly. Save paper and print this email only if necessary On Wed, Sep 5, 2018 at 1:27 PM Ohno Estimating <estimating@ohnoconstruction.com> wrote: Good Afternoon, For the Veterans Sports Park project, do you guys do supply and install of Vortex splashpad equipment? If not, can you provide a list of certified Vortex splashpad installers? Thanks, Blake Seidner Estimating Ohno Construction Company Seattle, WA • Fontana, CA estimating@ohnoconstruction.com 9416 M.L.K. Jr. Way S. Seattle, WA 98118 OHNOCC254BS [P] 206-325-1529 [F] 206-324-8063 16398 Boyle Ave. *) Reply I v ® Delete Junk v w•• #833470A [P] 619-278-8824 [F] 619-278-8761 California Vortex Installers California Waters Cicero Engineering Tim Blank 13725 E Valencia Dr 2909 W. Warner Ave. Fullerton CA 92831 Santa Ana, CA 92704 fciceroCo)ciceroenQineerina.com Main (949) 528-0900 x118 cell: 562-762-5147 Fax (949) 528-0910 Cell (949) 677-4822 Icing Khan Drilling & Construction, Inc. tblank@californiawaters.com 9315 N Fowler Ave. Clovis, CA 93619 Micon Construction Tel: 559-994-6025 1616 Sierra Madre Fax: 559-570-0101 Placentia CA 92870 Email: kingkhandrilling@aol.com 714-666-0203 714-666-1007 fax Superior Construction 4241 E Kim@miconconstruction.com Brundage Lane Bakersfield, CA 93307 (661) 303-9375 Cell (661) 588-0552 CS Legacy (661) 588-0264 Fax dward@bakersfieldbuilder.com Gregg Strumpf 909-590-2626 Brown & Fowler Construction 909-590-4117 fax bandfconst@sbcglobal.net gregg@cslegacy.net 3008 Antonino Avenue Bakersfield, CA 93308 (661) 324-4142 Exhibit 4 Examples of SprinTurf field fiber failures HOW ARE SPRINTURF FIELDS AGEING? HOW ARE SPRINTURF FIELDS AGEING? F s, ;i • TWISTING • EARLY j 1 SPLITTING d, 's F terV IL 0 HOW ARE SPRINiURF FIELDS AGEING? LOS ALAMOS SPORTS PARK (CA) Year Installed: 2014 • Age at Photo: 4 Years i 4'^ si Ili P Rr_ �� � � • , ,�+ p�R�, _�� � } • LOOSE FIBERS M 1. 4 HOW ARE SPRINiURF FIELDS AGEING? ST. MARGARET EPISCOPAL (CA) Year Installed: 2015 Age at Photo: 3 Years jor 4, Ae 1 1 p t • TWISTING r . • SPLITTING 4 / . Apr -40 Ile 4• ' 4 HOW ARE SPRINTURF FIELDS AGEING? TEMESCAL CANYON HIGH SCHOOL (CA) Year Installed: 2016 • Age at Photo: 2 Years • TWISTING • SPLITTING ..�ti Ate. S°` '• I" m � ir HOW ARE SPRINTURF FIELDS AGEING? UNIVERSITY OF CALIFORNIA SAN DIEGO — MUIR FIELD (CA) Year Installed: 2016 - Age at Photo: 2 Years qw," ow N- • TWISTING • SPLITTING HOW ARE SPRINTURF FIELDS AGEING? HOW ARE SPRINTURF FIELDS AGEING? CHELMSFORD HIGH SCHOOL (MA) Year Installed: 2015 Age at Photo: 3 Years • BALDING "fz 7 TA 4V WAI ffHOW ARE SPRINTURF FIELDS AGEING? BUCKINGHAM BROWN & NICHOLS SCHOOL (MA) Year Installed: 2015 • Age at Photo: 3 Years I Opp - VIM vv TWISTING SPLITTING --- 0 -1 HOW ARE SPRINTURF FIELDS AGEING? MARBLEHEAD HIGH SCHOOL (MA) Year Installed: 2013 - Age at Photo: 6 Years ► 414 w7 ,Ivabilk PV - TWISTING - SPLITTING - FRAYING -v- -' w HOW ARE SPRINTURF FIELDS AGEING? SALEM HIGH SCHOOL (MA) Year Installed: 2013 - Age at Photo: 5 Years A Aw Alt .0 4 Alf 4w �k r�vw vo • TWISTING SPLITTING irHOW ARE SPRIMURF FIELDS AGEING? TEWKSBURY HIGH SCHOOL (MA) Year Installed: 2013 • Age at Photo: 5 Years AL • TWISTING • SPLITTING a Y - u HOW ARE SPRINiURF FIELDS AGEING? BROOKS SCHOOL (MA) Year Installed: 2014 • Age at Photo: 4 Years AirVol1 w Alk k •, ,,. ,. 40 or.. �1... ' ow top 'lot' 04e :0 Rr: • TWISTING :4 y SPLITTING I m I HOW ARE SPRINTURF FIELDS AGEING? TOWN OF NATICK (MA) Year Installed: 2015 - Age at Photo: 3 Years Ift lot AA IML. wa sop • TWISTING -SPLITTING wf I ,- f, I A ad :16�1y, " --A . INN ,.&Ali m HOW ARE SPRINTURF FIELDS AGEING? JONATHAN LAW HIGH SCHOOL (MA) Year Installed: 2014 Age at Photo: 4 Years • TWISTING • SPLITTING No- . _A6 -4 pw I HOW ARE SPRIMURF FIELDS AGEING? EAST BOSTON HIGH SCHOOL (MA) Year Installed: 2014 • Age at Photo: 4 Years —I +" A •� ry Of w -J14, , ,,_ • TWISTING • SPLITTING Atr It 46- _ f Exhibit 5 Comparison between required Notary document and what was submitted by LA Engineering CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 id,'�'4�"!�,•..t:.::tt.�..{'C;f:+,'C:�{'te-'��,`,{.�'a:;�;w.:.c.r n.�..tis:{.<.tr�,:.4.Y`.a.,:i n..<`� Y':�.��:.1,{lt:c,t"�:r�.�'.�.:C:�.;�.^.c.�:.a.,^n:'t..C.fci.<.�::L.ti-i..�cw:a,*.'.G.C�,<^i..Y'�.,>^d A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above Description of Attached Document Title or Type of Document: Number of Pages: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — ❑ Partner - ❑ Limited ❑ Individual ❑ Trustee ❑ Other: Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee o Guardian or Conservator ❑ Other: Signer is Representing: :f.=..�'{:�",,,1':�c.�C'�; �.e 1:i.K'ti.�C4-f2 �!':a: !'a.:K .c.�i.�.:.e.�S:{,<'.L�!'.i..�':e:(:{;*':.Y`.{.. '4t�a,�!".�:!`h:ti ,c.e'.{.t'�e..!:(<"+..�'s_w"t.C:c.�:{:{�ti:4'.e:t"-e.�!'a,!'ti.�':a.�c^.. �'.c;�.'.�.<'c.•,"ti.� :, © 2014 National Notary Association * www.NationalNotary.org * 1-800-USNOTARY (1-800-876-6827) Item #5907 C-29 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of Californiaa Los Angeles ) On 09/18/2018 before me, Joseph Haygood, Notary Public (insert name and title of the officer) personally appeared Aaron O'Brien who proved to me on the basis of satisfactory evidence to be the person( whose namq,( 'is/ar subscPed to the within instrument nd acknowledged to me that he sKs/tb,K* xecuted the same in his/bdir/t authorized capacity(ie , and that by his/fief ear signature(s�j'on the instrument the person or the entity upon behalf of which the person,(�cted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatureit fit 2�- /1 (Seal) JOSEPH HAYGOO Commission No, 2151432 NOTARY PUBLIC -CALIFORNIA Los ANGELES COUNTY My Comm. exons APRIL 30, 2020