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09 -6036 Edna Park Improvements <br />Inamul 1& \ • <br />CONSTRUCTION <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 CON,lSTRDCTION, 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 Provision- Eooxy Flooring (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 would 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 />ernineering 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 contact documents and Public <br />contract code are clear regarding the subcontract naming requirer.,ents. <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 t­' <br />President, Lehman Construction, Inc. <br />Enclosure <br />cc: Green Giant Landscape (w /enci) <br />Micon Construction Inc. (w /encl) <br />Lrlunan Con,rnu tnon_ Ink . P.O_ Boa :569 - Tustin, CA 93781 - Phone 71 4.838.7577 - Fax 714.838.5077 <br />Contr Lic. #3>9570 A, B <br />