ATTACHMENT #2
Saeed Zolfaghari
From: G2K Construction < [email protected]>
Sent: Tuesday, July 30, 2024 3:53 PM
To: Cliff Finley; Saeed Zolfaghari
Cc: G2K Construction
Subject: Protest of Award for ERBES RD. FENCE REPLACEMENT (CI 5435) Attachments: ERBES RD. FENCE REPLACEMENT - NOTICE OF INTENDED AWARD.pdf; Public Works Contractor Registration Certification.pdf; Cancellation of Workers Comp - Blackpoint Group Construction & Management 7-12-24 pdf
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To the attention of:
Clifford G. Finley, Public Works Director
Saeed Zolfaghari, Associate Engineer / Project Manager
Public Works Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, California 91362
Re: Protest of the NOTICE OF INTENDED AWARD
ERBES RD. FENCE REPLACEMENT (CI 5435)
Specification No.: 2023/2024-18
Gentlemen,
Regarding the Erbes Rd. Fence Replacement (CI5435) project of the City of Thousand Oaks, California, please be advised that Guy Construction (as the Second Lowest Responsible Bidder) hereby files this written protest against the intended contract award to Blackpointe Group Construction & Management Inc. (as the apparent Lowest Responsible Bidder) of the NOTICE OF INTENDED AWARD Dated 7/2/2024.
The grounds and facts supporting this protest are as follows:
1. The apparent Lowest Bidder should be disqualified due to the matter of Blackpointe Group Construction & Management Inc. not being currently registered and having a valid registration number with the California Department of Industrial Relations (DIR) at the time of the Bid submission ( being July 17, 2024) pursuant to California Labor Code Sections 1725.5 and 1771.1.
2. The mandatory submission of PUBLIC WORKS CONSTRACTOR REGISTRATION CERTIFICATION BID FORM 9 (example attached), which was formally attested to, and executed by Blackpointe Group Construction & Management Inc., should therefore be determined that the Bidder submission is non-responsive as set forth in Item 3 thereof.
3. The Bidder/Contractor further acknowledges that "No bid will be accepted, nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work."
DPW: 850-20lev\Council\2024\08272024\CI 5435\Roadway Fence Replacement Project Att 2.pdf
4. It is apparent the Contractor Registration of Blackpointe Group Construction & Management Inc. with the California Department of Industrial Relations (DIR) did not meet the requirements to register because under California Labor Code Section 1725.5:
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code. (a)
To qualify for registration under this section, a contractor shall do all of the following:
(1) pay an annual renewal fee on or before July 1 of each year thereafter. (THIS ANNUAL RENEWAL WAS NOT
TIMELY COMPLETED)
(2) Provide evidence, disclosures or releases as are necessary to establish all of the following (a) Workers' Compensation coverage that meets the requirements of Division 4. Coverage may be evidences by a current and valid certificate of workers compensation Insurance ... required under Section 7125 of the Business and Professions Code. (THERE WAS NO WORKERS' COMPENSATION COVERAGE IN
EFFECT AT THE TIME OF THE BID SUBMISSION PER POSTING ON WEBSITE OF THE CALIFORNIA STATE
LICENSING BOARD)
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund ... (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until again registered pursuant to this section. (SUCH
APPARENT NON-PAYMENT OF RENEWAL FEES SHOULD DEEM THE BID SUBMISSION NON-RESPONSIVE) (e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter entered into on or after April 1, 2015.
5. It is apparent the Contractor Registration of Blackpointe Group Construction & Management Inc. with the California Department of Industrial Relations (DIR) did not meet the requirements to register because it did not have workers' compensation coverage for any employees due to the Cancellation Date of 07/12/2024 for Policy Number 9291459 with the State Compensation Insurance Fund.
Of the apparent non-responsive situation herein of the July 23, 2024 Lowest Responsible Bidder for the Erbes Road Fence Replacement (Cl 5435) project, Guy Construction looks forward to the prompt review and diligent consideration of this timely filed protest to the Public Works Department of the City of Thousand Oaks for the disqualification of Blackpointe Group Construction & Management Inc. Therefore, Guy Construction requests to be now designated as the Lowest Responsible Bidder, and be awarded the construction contract for the Erbes Road Fence Replacement (Cl 5435) project by the City Council or City Manager of the City of Thousand Oaks.
Respectfully,
Mashe Leuy
Moshe Levy
Guy Construction
Project Manager
28348 Roadside Drive, Suite 205
Agoura Hills, California 91301
CSLB General Engineering A License 464270
P: 818-889-6046
F: 818-889-6048
2 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
> No bid will be accepted, nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Bidder:
Contractor's PWCR/DIR Registration Number:_
Bidder further acknowledges:
1. Bidder shall maintain current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in contracts) with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
→ 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder
Signature
Name and Title
Dated
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
BID FORM 9