Recreation Environmental Services Landscape Architecture Parks and Urban Forestry 510 494-4300 / 510 494-4753 fax 510 494-4570 / 510 494-4571 fax 510 494-4700 / 510 494-4721 fax 510 979-5700 / 510 979-5708 fax
August 18, 2025
Jorge Prado
Prado’s Landscaping
P.O. Box 10055
American Canyon, CA 94503
Re: Bid Protest: Central Park Dog Park Synthetic Turf Replacement - Rebid (Bid# 26-004; PWC9099)
Dear Mr. Prado:
On behalf of the City of Fremont (“City”), this letter responds to the bid protest submitted by Prado’s Landscaping on July 15, 2025, regarding the Central Park Dog Park Synthetic Turf Replacement - Rebid (Bid# 26-004; PWC9099) (hereinafter “Project”).
The City solicited competitive bids for the Project on June 24, 2025. On July 9, 2025, the City opened the six received bids. The apparent low bidder was Heavenly Construction Inc. dba Heavenly Greens (hereinafter “Heavenly Greens”), with a bid of $506,020.
On July 15, 2025, Prado’s Landscaping submitted a written protest asserting that HG-Heavenly Pet – Ruff Edition, the synthetic turf proposed by Heavenly Greens, did not meet the City’s specifications for the Project (hereinafter “Protest”). Specifically, the Protest cited the following concerns regarding HG-Heavenly Pet – Ruff Edition:
• The product contains an antimicrobial additive rather than an antimicrobial agent; • The product is tufted, not knitted;
• There has been a lack of transparency, as Prado’s Landscaping was unable to obtain the product specifications directly from Heavenly Greens.
City staff has reviewed the Protest thoroughly in consultation with the City Attorney’s Office and has determined that Heavenly Greens’ bid is responsive and meets the Project specifications.
Under Section 32 18 13, Part 2 Products, 2.01-B of the specifications, it is stated that the product should contain an antimicrobial additive and be a tufted product, both of which align with the product specifications of HG-Heavenly Pet – Ruff Edition.
City staff acknowledges a clerical inconsistency in the City’s bid specifications under Section 32 18 13, Part 1 General, 1.01-A Paragraph 2, which states: “Product shall be a knitted or tufted synthetic grass product (not tufted)”. Although the phrasing is contradictory, the intent of the bid is clarified later in the same section under Part 2 Products, 2.01-B, where the HG-Heavenly Pet – Ruff Edition by Heavenly Greens is specifically listed as an acceptable product.
Additionally, under Paragraph 3, “Questions and Request for Information or Clarification” in the Instructions to Bidders, bidders were encouraged to request clarification if they found any Community Services Department
P.O. Box 5006, Fremont, CA 94537-5006
www.fremont.gov
Recreation Environmental Services Landscape Architecture Parks and Urban Forestry 510 494-4300 / 510 494-4753 fax 510 494-4570 / 510 494-4571 fax 510 494-4700 / 510 494-4721 fax 510 979-5700 / 510 979-5708 fax inconsistency or ambiguity in the Contract Documents prior to the bid deadline. Prado’s Landscaping did not submit such a request.
Lastly, bidders are not required to share proprietary product information with competing bidders.
City staff has not found any violation of transparency or bidding procedures on the part of Heavenly Greens.
Based on this review, City staff has determined that the apparent low bidder’s bid is responsive and will recommend to City Council to reject your bid protest. We appreciate your interest in this project and look forward to other opportunities to work with you in the future.
Sincerely,
Eva Lee
Landscape Designer
CC: Bronwen Lacey, Senior Deputy City Attorney
Tara Bhuthimethee, Parks Planning and Design Manager
Janice Beccera, Buyer
Enclosure: Prado’s Landscaping Protest Letter, dated 7/15/2025