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Att. 4 - 04-23-2026 City of San Clemente Bid Protest Letter.pdf

San Clemente City Council
June 16, 2026

Document
Att. 4 - 04-23-2026 City of San Clemente Bid Protest Letter.pdf
Meeting
June 16, 2026
Body
San Clemente City Council
Original file
15.7 MB
Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

www.UnionPavement.com
2904 Rubidoux Blvd, Suite A, Jurupa Valley, CA 92509
P.O. Box 292 Modesto, CA 95353 | Phone: (951) 410-4858
April 23, 2026
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: Masako Hennequin
RE: FY 2026 Street Rehabilitation Program Project No. 16325 Protest of bids submitted by All American Asphalt and Pavement Coatings Co.

Dear Masako,
Please accept this letter as a formal protest of the bids submitted by All American Asphalt and Pavement Coatings Co. on April 23, 2026, for the FY 2026 Street Rehabilitation Program, Project No. 16325.

Upon review of the submitted bid documents, it is evident that All American Asphalt submitted a proposal as the Prime Contractor, while Pavement Coatings Co. simultaneously listed All American Asphalt as a subcontractor. Pursuant to Section 00200, Instructions to Bidders, Item 18: Disqualification of Bidders; Interest in More Than One Bid, the bids submitted by All American Asphalt and Pavement Coatings Co. must be deemed non-responsive, as they do not comply with the requirements set forth in the contract documents.

Attached are supporting documents that substantiate these findings. Based on this information, we respectfully request that the City of San Clemente classify the bids from All American Asphalt and Pavement Coatings Co. as non-responsive and proceed with award to the next lowest responsible bidder, Union Pavement Services, Inc.

If you have any questions, please contact me.

Sincerely,
Doug Ford, Vice President
Union Pavement Services, Inc.

Via E-mail: [email protected]
SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2
9 SECTION 00200

INSTRUCTIONS TO BIDDERS

15. WITHDRAWAL OF BID
Any Bidder may personally withdraw his Bid from the City’s PlanetBids system prior to the bid opening date and time stated in the Notice Inviting Bids.

Any request to withdraw a bid after bid opening shall meet all requirements of Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail the mistake.

16. BASIS OF AWARD; BALANCED BIDS
City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. City may reject any Bid which, in its opinion when compared to other bids received or to City’s internal estimates, does not accurately reflect the cost to perform the Work. City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

17. LOCAL VENDOR PREFERENCE
Prices, fitness, quality, delivery, and service being equal, a seven percent (7%) rating scale preference may be given to Local Bidders as defined in the San Clemente Municipal Code Section

3.40.030 and City Ordinance No. 1750.

18. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a sub proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub proposal or quoting prices to other bidders submitting a bid to City. No person, firm, corporation, or other entity may submit sub proposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

19. INSURANCE REQUIREMENTS
The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

20. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply City with all of the required documents and certifications. The City will issue a Notice to Proceed on or after the pre-construction meeting.

45,000.00 45,000.00
5,000.00 40,000.00
13,000.00 13,000.00
7,000.00 7,000.00
13,000.00 13,000.00
1,020.00 1,020.00

51.00 51.00

51.00 51.00

67.00 67.00

97.00 97.00

0.26 0.21

0.30 0.30
402.00
134.00
1,552.00
1,552.00
1,398.02
8,028.09
480.00
927.90
25,000.00 25,000.00

0.35 0.35

3.05 3.10

0.41 0.31

0.41 0.41

0.41 46.00
3,459.75

35.00 329.40
7,250.90
110.70
601.09

84.46 457.56

17.22 3,174.00

46.00 1,058.00

84.00 672.00

84.00 2.65

3.00 4.25
195.00
168.00
6,625.00
66,000.00
10,625.00
107,250.00
510.00 5,610.00
510.00 8,160.00
160.00 33,600.00
8,250.00 8,250.00

0.95 0.65

0.95 0.75

0.75 1.60

1.50 1.60

1.25 1.20

0.75 0.75
738.15

65.00 4,370.00
4,541.25
23,793.00
432.00
2,901.00
329.60
12,356.205
120.00
3,006.00
25,665.75
295.00 323,025.00

0.85 0.85

1.55 1.55

7.40 7.40

7.40 7.40

6.15 7.95

7.95 6.15

1.05 1.05
357.00
14,066.65
3,113.55
1,729.80

65.10 799.20
18,196.60
34,424.80
10,138.00
1,845.000
2,559.90
1,613.85
1,168.50
1,297.80
714.00
1,313.55
357.00 714.00

4.70 1,316.00
142.85 142.85

8.20 8.20

8.70 8.70

8.20 11.25

8.20 8.20

8.20 360.80
1,082.40
4,454.40
4,315.20
8,487.00
2,829.00
1,771.20
442.80
292.50
942,721.04
942,731.54
nine hundred forty two thousand seven hundred thirty one dollars and fifty four cents N/A

Traffic Loop California Professional Engineering La Puente,CA 793907 100377609 1.43

2.39 23.47 Chrisp Company
Case Land Surveying

3.43 Pavement Rehab Co
[email protected]
[email protected]
[email protected]
Survey Orange ,CA L5411 1000001533
Striping Bloomington,CA 374600 1000000306
Crack Seal Yorba Linda,CA 1051374 1000064823
[email protected]

Chrisp Company
[email protected] Striping &
Striping Removals Bloomington, CA 374600 1000000306
Pavement Rehab Company
[email protected] Crack Seal Yorba Linda, CA 1051374 1000064823 Smithson Electric, Inc.
[email protected]
Electrical -
Traffic Loops Orange, CA 614518 1000001610
All American Asphalt
[email protected]
Asphalt
(Portion) Corona, CA 267073 1000001051 23.3% 3.4% 1.7% 20.1%

N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A

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