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09-6036 Edna Park Improvements <br />J-4-WJY Exhibit 2 <br />11Y <br />January 18, 2012 <br />Raul Godinez II, <br />Executive Director of Public Works <br />City of Santa Ana <br />20 Civic Center Plaza M-21 <br />Santa Ana, CA 92701 <br />Re: BID PROTEST BY LEHMAN CO.NSTRJCTION, INC. <br />Project No. 09-6306: Edna Park Improvements <br />Dear Mr. Godinez: <br />On January 17, 2012, bids were opened for the above project. Lehman Construction is hereby filing <br />a written bid protest due to the failure of the first (Green Giant Landscape) and second bidder (Micon <br />Construction Inc.) to name an approved epoxy flooring contractor. In this extremely competitive <br />bidding environment every bidder looks at ways to lower their bid. However, the bid specifications <br />20.00 Special Provisions- Eooxy 1=1o;; ;in;, (copy enclosed), lists Sunbelt Flooring as a proprietary <br />manufacturer and installer of " Heavy Duty Flooring #1100" for the floor coating on the restroom <br />floors and selected walls. We actuary thought of cutting costs and self-performing the epoxy, but the <br />available materials wouid not meet Sunbelts spec's so we included Sunbelt in our subcontractor list. <br />Any proposed substitution of the Epoxy flooring by either Green Giant or Micon if the City so <br />entertains, needs to be reviewed as part of this protest since the spec's are clear on the City's intent. <br />If it is found that Sunbelt's epoxy system is required per the spec, then Sunbelt's subcontract would <br />be more than 4 times the naming requirement of 1/2 of 1%. Based on Green Giants bid of <br />$219,000.00 they would have to name any sub over $1095,( $219,000.00 x.005 = $1095) Micon <br />engineering would also be required to name Sunbelt. ( $224,672 x.005= $1123). <br />The spec's are clear regarding the system the City asked for. The contract documents and Public <br />contract code are clear regarding the subcontract naming require,-,eats. <br />We therefore ask the City to find Green Giant's and Micon's bids nonresponsive and award the <br />project to Lehman Construction, Inc. <br />Sincerely <br />Mark Lehm n 1` <br />President, Lehman Construction, Inc. <br />Enclosure <br />cc: Green Giant Landscape (w/encl) <br />Micon Construction Inc. (w/encl) <br />Lehnt.tn Con,rrmrrmmi, [tit. - P.O. lima 569 - T. ti A 678 1 - Phone 71/1.8;8.7577 - Fax 714.838.5077 <br />(.mnrr 3A.4. )A, $