Cities Index.
Protest Letter

Fremont City Council
October 1, 2024

Document
Protest Letter
Meeting
October 1, 2024
Body
Fremont City Council
Original file
460 KB
Text extracted from the city's file for reading and search. Open the original on fremontcityca.iqm2.com. That file is the official record.

Coastal Mountain Electric
14832 Lakeshore Dr * Clearlake, CA 95422
Ph: (707) 994-0437 * Fx: (707) 994-8504
James Day Construction, Inc.
dba Coastal Mountain Electric
CSLB #507105 * DIR PWCR #1000008522
CA DGS #1153880 SB/DVBE Certified

1 of 1
City of Fremont
3300 Capitol Ave
Fremont Ca

NOTICE OF FORMAL BID PROTEST PROJECT PWC 8501 WATER PARK CONCESSION

STAND SEWER AND LIGHTING REPLACEMENT

Dear Sirs,

On August 27 2024 a bid opening was held for the above referenced project. There were a total of three bidders. James Day Construction placed second in this effort. We wish to protest the bid on the following issues.

1. The low bidder Smelly Mel’s Plumbing did not recognize addendum one on his bid. The addendum clearly says that it must be acknowledged on the bid proposal. This makes Smelly Mel’s bid non responsive.

2. Smelly Mel wrote N/A on the subcontractors list. This job contained numerous trades and some specialty trades. Included in this job were drywall, epoxy flooring, painting, concrete and electrical. California state law requires bidders to list a subcontractor if the subcontract amount is above ½ of 1 percent of the overall bid. We find it unlikely that Smelly Mel can perform all these trades in house and call your attention to the following.

A. The project is approximately 20% electrical work. State law requires that this work be done by a licensed electrical contractor. Smelly Mel does not hold a C-10 license and did not list an electrical subcontractor.

B. The epoxy flooring is a specialized trade and most product require a certified installer. It is unlikely that Smelly Mel holds these qualifications.

Based on the above factors we request that Smelly Mel’s Plumbing’s bid be considered as non responsive.

Best regards,

Bryan Mann
Senior Estimator

CC Smelly Mel’s Plumbing
Jimmy Chen City of Fremont
Jon Rogers James Day Const President
Susan Stone James Day Const Office Manager

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