Kay Construction Company, Inc.
9302 Carlton Hills Blvd., Santee, CA 92071 (619) 317-1364 CSLB 648223 A & B DIR #1000845265
April 26, 2024
NOTIFICATION OF BID PROTEST SENT VIA EMAIL
City of San Clemente [email protected]
Public Works Office
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Attn: Amir K. Ilkhanipour
Re: CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT STATION IMPROVEMENTS, PNs 12004 & 12210
Bid Date: April 23rd, 2024
Dear Amir,
This letter is being provided according to Section 00200 Instruction to Bidders Item 20. FILING OF BID PROTESTS.
On Tuesday, April 23rd, 2024, at 2:00 pm, the City received (3) three bids for the referenced Project through the City’s Planet Bid Portal.
Please see the attached Subcontractor Listing provided by GMZ Engineering, Inc.
GMZ designated Tesco Controls LLC as the subcontractor performing the electrical and controls portion of the work.
Tesco Controls LLC does not perform installation, they are a supplier of electrical equipment and perform only start-up procedures.
In addition, GMZ designated a total of 290% of the work to be performed by subcontractors.
Attachment 3
April 26, 2024
NOTIFICATION OF BID PROTEST
2 | P a g e
According to SECTION 00200 INSTRUCTIONS TO BIDDERS – DESIGNATION OF SUBCONTRACTORS:
Pursuant to State law, the Bidders must designate the name, license number, and location of each Subcontractor who will perform work or render services for the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price, or $10,000 if the work involves streets or highways, whichever is greater as well as the portion of work each such subcontractor will perform on the form provided herein by City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. The successful bidder will be required to self-perform at least over 50% of the work.
The bid submitted by GMZ Engineering Inc. does not accurately designate each subcontractor who will perform work and designates work to be performed by subcontractors in excess of 50% of the work.
We request a review of the bids and a determination that the bid submitted by GMZ Engineering Inc. is non-responsive.
We appreciate the opportunity to participate in this bid process and look forward to the City’s review of our protest.
Respectfully,
KAY CONSTRUCTION COMPANY, INC.
Signed under penalty of perjury under the laws of the State of California Jon Kay,
President
Enclosures
Cc: Ghazi Mubarek, GMZ Engineering, Inc.