Cities Index.
Attachment C - JJR Bid Protest Letter

City Council and Concurrent Authorities
January 11, 2022

Document
Attachment C - JJR Bid Protest Letter
Meeting
January 11, 2022
Body
City Council and Concurrent Authorities
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

J.J.R. CONSTRUCTION, INC
September 7, 2021
By Overnight Delivery
John M. Luebberke, Esq.

City Attorney
City of Stockton
425 North El Dorado Street, 2nd Floor
Stockton, CA 95202
Re: Bid Protest
ADA Curb Ramp Installation
City of Stockton Project No. WD21004
Dear Mr. Luebberke:

On behalf of J .J .R. Construction, Inc., please consider this letter to be a protest of the bid submitted HBC Enterprises.

Statement of Basis for Protest
According to section 5-1.12 of the project specifications, "Contractor shall possess a valid California Class A or C-8 Contractor license at the time of bid." The City's use of the word "shall" establishes the requirement oflicensure as a mandatory requirement. See Judith P. v. Superior Court, l 06 Cal. App. 4th 535, 550 (2002) ("shall" imposes a mandatory duty.)
HBC Enterprises did not possess a valid contractor's license at the time of bid and does not possess one now. According to the CSLB, HBC Enterprise's license is suspended. HBC Enterprises' bid therefore is nonresponsive and must be rejected. See M & B Construction v. Yuba County Water Agency, 68 Cal. App. 4th 1353 (1999).

The following is a screenshot from the CSLB website regarding the suspended status of HBC Enterprises' license.
1120 NINTH AVENUE, SAN MATEO, CA 94402
650-343-6109(P) 650-343-6207(F)
CERTIFIED DBE # 40008
CERTIFIED SBE # 1255620
DIR# 1000004118
CONTRACTOR STATE LICENSE #665645 CLASS "A"
J.J.R. CONSTRUCTION IS A UNION CONTRACTOR

SIGNATORY TO LABORERS AND CEMENT MASONS UNION

ATTACHMENT C

ATTACHMENT C

ATTACHMENT C

ATTACHMENT C

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