Public Works Department
39550 Liberty Street | P.O. Box 5006, Fremont, CA 94537-5006 510 494-4700 ph | [email protected] | www.fremont.gov
Sent via email
September 5, 2024
Attn: Bryan Mann
Senior Estimator
James Day Construction, Inc.
14832 Lakeshore Dr.
Clearlake, CA 95422
Re: PWC 8501 Water Park Concession Stand Sewer and Lighting Replacement Bid Protest
Dear Mr. Mann:
The City of Fremont received your September 3, 2024, letter, submitted on behalf of James Day Construction, Inc., protesting the City’s intent to award the above-referenced contract to Smelly Mel’s Plumbing, Inc. (Smelly Mel’s). Your letter states that Smelly Mel’s bid failed to recognize the addendum and failed to list any subcontractors, in particular electrical and epoxy flooring.
A physically signed copy of the addendum was included on the ninth page of Smelly Mel’s submitted bid.
Smelly Mel’s carries the following license classifications: A, B, C16, and C36. Per the California Business & Professions Code Division 3, Chapter 9, Article 4, Section 7057.c, the only specialty licenses that a contractor holding a general B license cannot perform are C16 and C57. Smelly Mel carries A & B licenses, which allows him to self-perform electrical work without the need to have a C-10 license. Epoxy flooring does not require specific contractor’s license, and a certification can be obtained prior to installation.
Therefore, the City will proceed with its determination that Smelly Mel’s bid is responsive. The City staff will recommend to City Council to award the contract to Smelly Mel’s as they are the lowest responsive and responsible bidder.
Sincerely,
Jimmy Y. Chen
Public Works Facilities Manager
Cc: Earl Luo, Smelly Mel’s Plumbing, Inc.
Rocio Fierro, Senior Deputy City Attorney
Khandan Bahmani, City Engineer
Janice Bacerra-Scola, Buyer