February 24, 2022
City of Redondo Beach
415 Diamond Street
Redondo Beach CA 90277
Attn: Daniel Gruezo, Civil Engineer
Project: Beryl Street Drainage and Street Improvements Project from North Prospect Avenue to Flaggler Lane. Job No.41130
Subject: Bid Protest
Gentlepersons:
According to section 24. Bid Protest of the Contract Specification (Exhibit A), Sully Miller Contracting does hereby protest the Bid Proposal submitted by Pave West, Inc. for the following reason:
Per section 3-2 - Self Performance (Exhibit B), of the Standard Specification for Public Works Construction (Greenbook), “The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price…”.
Pave West Inc., listed TTS Engineering to perform the Storm Drain, Concrete, and Traffic Control portions for an amount of $1,727,217.55 (Exhibit C), which is by itself 74% (Seventy-Four Percent) of the contract price submitted by Pave West, Inc.
The total subcontracting percentage for Pave West Inc. was 81% (Eighty-One Percent).
Therefore, Pave West Inc. shall be considered non-responsive for failing to meet the self performance requirements set forth in the Greenbook and the job should be awarded to Sully-Miller Contracting the lowest responsiove bidder.
We look forward to the opportunity to work for the City of Redondo Beach. If you have any questions, please feel free to contact me at (714)578-9600.
Sincerely,
Anthony Lino,
Pre-Construction Manager
Sully-Miller Contracting Company
City of Redondo Beach Public Works Department
Standard Bid Protest Procedures
The following bid protest procedures apply to all public works projects formally bid by the City that do not contain specific bid protest procedures within the bid documents themselves.
Bid Protest. Any bid protest must be in writing and received by the City’s Project Manager before 5:00 p.m. no later than five working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:
1- General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Currently, a fee is not required. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of these procedures, a “working day” means a day that City is open for normal business, and excludes closed Fridays, weekends and holidays observed by City. 2- Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. 3- Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by the protesting bidder by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 4- Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered.
The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder. 5- Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by the protested bidder by fax or by email, by or before the Response Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 6- Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to City of Redondo Beach Public Works Department
Standard Bid Protest Procedures
further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.
7- Decision on Bid Protest. The City Engineer, or designee will evaluate the bid protest and issue a written decision.
8- Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.
Designation of Subcontractors
NAME OF BIDDER '\` r-.r 4.
In compliance with the provisions of the Subletting and Subcontracting Fair Practices Act Division 2, Part 1), Chapter 4 of the Public Contract Code of the State of California, and any amendments thereof), each bidder shall set forth below:
1. The name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement, or a subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one- half of one percent of the Contractor's total bid.
2. The portion and estimated dollar amount of the work which will be done by each subcontractor. The Contractor shall list only one subcontractor for each portion as is defined by the Contractor in his bid.
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