TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
1. Subject
title
Rejection of all bids received for the Tot Lot Wood Chip Replenish Program.
body
2. Summary
The City received and opened bids for the Tot Lot Wood Chip Replenish Program on March 28, 2024. Two bidders responded to the notice inviting bids. Staff recommends rejecting all bids as both bidders failed to include required information with the submitted bids as detailed in the instructions and subsequent addenda.
3. Recommended Action
recommendation
Reject all bids received for the Tot Lot Wood Chip Replenish Program, Bid No. 23-24.31.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 2: Be a fiscally healthy community.
d: Effectively manage and develop City assets.
Goal 3: Enhance and promote quality of life in the community.
a: Renovate, maintain, develop, and/or expand public use places and spaces.
6. Discussion and Background
The City utilizes wood chip surfacing at 12 of the playgrounds, or tot lots, at City parks. The current agreement for this service expires June 30, 2024. The City began solicitation of Request for Bid (RFB) No. 23-24.31 for the Tot Lot Wood Chip Replenish Program on February 22, 2024. Given that the wood chips are an integral part of the playground, this surfacing must meet specific playground safety requirements. The City included these requirements in solicitation for bids for replenishing the tot lots.
Bids were due on March 28, 2024, and the City received two bids. Both bidders failed to include references as required as part of the instructions contained within the RFB. Additionally, neither bidder submitted the required certifications that validate a wood chip manufacturer’s conformance to Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA), and American Society for Testing and Materials (ASTM) Standards. As the bidders did not provide the required certifications, staff could not verify that either bidder was going to provide the certified, engineered wood chips required for the purpose of public playground surface safety.
Orange Municipal Code (“OMC”) Section 3.08.550 provides that the legislative body, in its discretion, may reject any and all bids and readvertise if, prior to rejecting the bids, a written notice is provided to the apparent low bidder, informing the bidder of the City’s intention to reject the bid at least two business days prior to the hearing at which the City Council intends to reject the bid. A letter was sent to the apparent low bidder on May 24, 2024.
Staff recommends that the City Council reject all bids received.
7. ATTACHMENTS
• Letter provided to the lowest bidder responding to RFB No. 23-24.31