ATTACHMENT 3
6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
September 28, 2026
City of Costa Mesa
Public Services Department
77 Fair Drive
Costa Mesa, CA 92626
Attn: Anna Baca
Attn: Arash Rahimian
RE: FORMAL BID PROTEST
Fire Station No. 2 Reconstruction
City Project No. 26-05
Apparent Low Bidder: AMG & Associates, Inc.
Dear City Representatives:
Builders United, LLC hereby submits this formal protest regarding the apparent low bid submitted by AMG & Associates, Inc. ("AMG") for the Fire Station No. 2 Reconstruction Project, City Project No. 26-05.
Builders United is an interested bidder and submitted a responsive bid in the amount of $16,277,700. Based upon the bid results publicly released by the City through the PlanetBids platform, AMG is identified as the apparent low bidder in the amount of $14,821,000.
This protest is timely submitted and is intended to preserve all rights, remedies, and objections available to Builders United under the Contract Documents, California Public Contract Code, applicable case law, and all other applicable laws and regulations.
I. SUMMARY OF PROTEST
Builders United has identified significant concerns regarding AMG's apparent compliance with California's Subletting and Subcontracting Fair Practices Act, Public Contract Code Sections 4100 through 4114. The publicly available PlanetBids submission portal currently reflects that AMG has no subcontractors listed whatsoever for this approximately $18 million public works project. California's Subletting and Subcontracting Fair Practices Act is intended to prevent bid shopping, bid peddling, undisclosed subcontracting arrangements, and post-bid manipulation of listed subcontractors.
6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
The project consists of demolition of an existing fire station, installation of temporary facilities, and construction of a new LEED Gold fire station over a contract duration of 730 calendar days.
Given the size, complexity, and scope of the project, the apparent absence of any listed subcontractors raises serious questions regarding compliance with mandatory subcontractor listing requirements and overall bid responsiveness.
Compounding these concerns, Builders United has requested access to AMG's complete bid package and subcontractor listing information. The City has indicated that production of such records may occur after expiration of the protest period, thereby preventing Builders United and other interested parties from meaningfully reviewing AMG's compliance prior to award.
Accordingly, Builders United files this protest based upon the information currently available and expressly reserves the right to supplement, amend, or expand this protest upon receipt of the requested records.
II. APPARENT VIOLATION OF THE SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT California Public Contract Code Section 4104 requires bidders on public works projects to identify subcontractors who will perform portions of the work exceeding the statutory threshold.
The purpose of the statute is to prevent bid shopping and bid peddling and to preserve the integrity of California's competitive bidding process.
Based on AMG's bid amount of approximately $14.8 million, the statutory listing threshold would be relatively small compared to the value of major construction trades on this project. A reconstruction project of this magnitude would ordinarily involve substantial subcontracted scopes including, but not limited to:
• Demolition
• Concrete
• Reinforcing steel
• Structural steel
• Rough carpentry
• Roofing
• Waterproofing
• HVAC
6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
• Plumbing
• Electrical
• Fire sprinkler systems
• Fire alarm systems
• Low voltage systems
• Drywall
• Painting
• Site utilities
• Asphalt paving
• Landscaping
• Temporary facilities
• Specialty equipment and systems
Many of these trades would reasonably be expected to exceed the statutory subcontractor listing threshold by substantial margins.
However, the publicly accessible PlanetBids subcontractor tab for AMG's bid currently displays**"None."**
If AMG failed to identify subcontractors required to be listed under Public Contract Code Section 4104, such failure may constitute a material defect rendering the bid nonresponsive and ineligible for award.
III. QUESTION WHETHER AMG IS CLAIMING COMPLETE SELF-PERFORMANCE The absence of any listed subcontractors raises a second significant issue.
If AMG contends that it properly listed no subcontractors because it intends to self-perform all applicable work, the City should carefully investigate the legitimacy of such representation.
Based upon the scope of this project, AMG would effectively be representing the ability and intent to self-perform numerous specialized trades and construction disciplines that are ordinarily subcontracted on public works projects of this size and complexity. 6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
The City should determine:
• Whether AMG represented that it would self-perform all major trades. • Whether AMG possesses the labor force and operational capacity to perform such work. • Whether AMG intends to subcontract portions of the work after award. • Whether any undisclosed subcontracting relationships exist. • Whether any listed scope packages were intentionally omitted from disclosure.
Any inconsistency between bid-time representations and actual intended performance could undermine the purpose and requirements of the Subletting and Subcontracting Fair Practices Act.
IV. CITY'S FAILURE TO PROVIDE RECORDS BEFORE THE PROTEST DEADLINE Builders United has requested records necessary to evaluate AMG's compliance with applicable bidding requirements.
The City has indicated that production may not occur until after expiration of the protest period.
This creates a fundamentally unfair situation whereby interested bidders are expected to identify and raise responsiveness issues while simultaneously being denied access to the very documents necessary to evaluate those issues.
Without access to AMG's complete submission, Builders United cannot presently determine:
• Whether subcontractor listing documents were submitted. • Whether subcontractor information was omitted.
• Whether supplemental forms were provided.
• Whether post-bid clarifications have occurred.
• Whether responsiveness reviews have been conducted.
• Whether AMG has asserted any clerical error claims.
• Whether AMG intends to seek subcontractor substitutions. • Whether licensing and registration requirements have been satisfied. 6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
Accordingly, Builders United expressly reserves all rights to supplement this protest immediately upon receipt of the requested documents.
V. ADDITIONAL RESPONSIVENESS CONCERNS
Builders United further requests that the City investigate whether AMG's submission complies with all requirements contained within:
• The Notice Inviting Bids.
• Instructions to Bidders.
• PlanetBids electronic submission requirements.
• Community Workforce Agreement requirements.
• DIR registration requirements.
• Prevailing wage requirements.
• Public Contract Code subcontractor listing requirements. • All mandatory bid forms and certifications.
If the City required subcontractor information to be entered directly into PlanetBids, and AMG failed to do so, such omission may independently constitute a material responsiveness defect irrespective of any separate attachment submitted elsewhere.
The City should determine whether AMG complied with every mandatory bid submission requirement exactly as required by the bid documents.
VI. REQUEST FOR COMPLETE INVESTIGATION
Builders United respectfully requests that the City conduct a comprehensive responsiveness review regarding AMG and specifically determine:
1. Whether AMG properly listed all required subcontractors.
2. Whether AMG submitted all mandatory subcontractor forms.
3. Whether AMG omitted any required subcontractor disclosures.
4. Whether AMG intends to self-perform any or all major scopes of work. 6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
5. Whether any portion of the work will ultimately be subcontracted despite the apparent lack of listed subcontractors.
6. Whether the bid complies with Public Contract Code Sections 4100 through 4114.
7. Whether AMG's bid is responsive in all respects.
8. Whether any post-bid communications, corrections, modifications, supplements, or clarifications have occurred.
9. Whether any nonresponsive conditions exist that require rejection of AMG's bid.
10. Whether award to AMG would be legally defensible in light of the issues raised herein.
VII. RESERVATION OF RIGHTS
Builders United expressly reserves the right to assert additional protest grounds after review of the requested records.
Nothing contained herein shall be construed as a waiver of any additional objections, claims, causes of action, statutory remedies, contractual remedies, or legal challenges that may become apparent upon review of AMG's complete bid submission or any subsequently disclosed documents.
Builders United further reserves the right to challenge any determination by the City that AMG's bid is responsive if such determination is made without providing adequate access to the records necessary for meaningful review.
VIII. REQUEST FOR RELIEF
Builders United respectfully requests that the City:
1. Accept this protest as timely filed.
2. Suspend award of the contract pending investigation of the issues raised herein.
3. Immediately produce AMG's complete bid package and all subcontractor listing information.
4. Produce any responsiveness review memoranda, staff recommendations, or bid evaluation documents related to AMG.
6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
5. Permit Builders United the opportunity to review such records and submit supplemental protest materials.
6. Determine whether AMG complied with all applicable subcontractor listing requirements.
7. Reject AMG's bid if the City determines that applicable subcontractor listing requirements or responsiveness requirements were not satisfied.
8. Delay any award recommendation until the matters raised herein have been fully investigated and resolved.
IX. CONCLUSION
The publicly available bid information currently indicates that AMG may have submitted a bid on an approximately $18 million public works project while identifying no subcontractors whatsoever. Such circumstances warrant careful scrutiny under California's Subletting and Subcontracting Fair Practices Act and the City's competitive bidding requirements.
Given the significance of the project, the public interest involved, and the City's current inability to provide the requested records before expiration of the protest period, Builders United respectfully requests that the City defer award, investigate the matters described herein, and provide access to the requested bid documents before proceeding further.
Thank you for your prompt attention to this matter.
Respectfully submitted,
Kallen Kildea
President
Builders United, LLC
6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
September 30, 2026
City of Costa Mesa
Public Services Department
77 Fair Drive
Costa Mesa, CA 92626
Attn: Anna Baca
Attn: Arash Rahimian
RE: SUPPLEMENT TO FORMAL BID PROTEST
Fire Station No. 2 Reconstruction
City Project No. 26-05
Apparent Low Bidder: AMG & Associates, Inc.
Dear City Representatives:
Builders United, LLC previously submitted a formal bid protest regarding the bid submitted by AMG & Associates, Inc. for the Fire Station No. 2 Reconstruction Project. In that protest, Builders United expressly reserved the right to supplement its protest upon receipt and review of AMG's complete bid submission.
Following the City's production of AMG's bid documents and our subsequent review, Builders United has identified an additional issue concerning the DIR registration status of one of AMG's listed subcontractors. This letter supplements Builders United's previously submitted protest and should be considered together with that protest.
I. EXPIRED DIR REGISTRATION — AMERISCAPE LANDSCAPING CORPORATION AMG's Designation of Subcontractors identifies Ameriscape Landscaping Corporation for the landscaping scope.
Builders United subsequently reviewed the California Department of Industrial Relations Public Works Contractor Registration records for Ameriscape Landscaping Corporation. The DIR search results reviewed by Builders United identify two registrations for Ameriscape, both showing a status of “Registration Expired”:
PWCR No. 1000836665 — Registration End Date: June 30, 2022 PWCR No. 1001141194 — Registration End Date: June 30, 2024 6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
The bid for this project was submitted in September 2026. Based upon the DIR records presently available to Builders United, we have not identified an active public works contractor registration for Ameriscape covering the date of AMG's bid.
California Labor Code Section 1771.1 generally provides that a contractor or subcontractor may not bid on, be listed in a bid proposal subject to Public Contract Code Section 4104 or perform public work unless currently registered and qualified pursuant to Labor Code Section 1725.5, subject to any applicable statutory exceptions or corrective provisions. The California Department of Industrial Relations likewise requires contractors and subcontractors performing public works to maintain appropriate registration.
Accordingly, Builders United respectfully requests that the City determine and document:
1. Whether Ameriscape Landscaping Corporation was actively registered with the DIR at the time AMG submitted its bid.
2. Whether Ameriscape held any active PWCR registration not reflected in the DIR records presently available to Builders United.
3. Whether Ameriscape subsequently registered or renewed its registration and, if so, the effective date of that registration.
4. Whether AMG or Ameriscape submitted any post-bid documentation relating to Ameriscape's DIR registration.
5. Whether AMG has requested, or intends to request, substitution of Ameriscape as the listed landscaping subcontractor.
6. Whether AMG's listing of Ameriscape complies with Labor Code Sections 1725.5 and 1771.1, the Contract Documents, and all applicable public works requirements.
7. Whether the City has determined that any exception, cure, or corrective provision under Labor Code Section 1771.1 applies to AMG's listing of Ameriscape and, if so, the factual and documentary basis for that determination.
DIR's contractor-registration requirements identify consequences associated with bidding on, being awarded, being listed on, or performing public work while a contractor or subcontractor is not properly registered.
Builders United therefore requests that the City produce any documentation establishing that Ameriscape was properly registered at the relevant time or otherwise satisfied any applicable statutory provision permitting its continued participation on the project. 6001 S. Decatur Blvd, Suite J
Las Vegas NV 89118
702-706-2842
[email protected]
NV Lic# 74612/79083/81770/81771
CA Lic #1053502 ID #RCE-55246
If no such documentation exists, Builders United respectfully requests that the City determine whether AMG's listing of Ameriscape qualifies for any applicable statutory exception, cure, or permissible substitution. If no such provision applies, Builders United further requests that the City determine the effect of Ameriscape's registration status on AMG's bid and on Ameriscape's eligibility to perform the listed landscaping scope.
II. REQUEST TO SUPPLEMENT EXISTING PROTEST
Builders United requests that this letter and the supporting DIR registration records be incorporated into and considered part of Builders United's previously submitted protest regarding AMG & Associates, Inc.
Builders United continues to reserve all rights previously asserted, including the right to further supplement its protest based upon additional records produced by the City or additional bid irregularities identified during review.
Thank you for your attention to this additional information. We respectfully request that the City address this issue as part of its review of AMG's bid before proceeding with any award determination.
Respectfully submitted,
Kallen Kildea
President
Builders United, LLC