Council rejects bid protest, awards 501 S. State Street remodel contract to DMR Builders

The Ukiah City Council resolved a bid protest over the remodel of the building at 501 South State Street (the former B of A building) and approved an award to the apparent low bidder, DMR Builders.

Purchasing staff said the apparent low bid after the public opening was DMR Builders at $3,487,850, with Couples & Sons as the second lowest bidder. Couples & Sons filed a protest citing the Public Contract Code requirement to list subcontractors whose work exceeds a specified threshold. The city attorney reviewed the record and told council the Public Contract Code gives the general contractor some discretion and that evidence supported a finding that DMR’s bid could be considered responsive; the attorney also presented findings that could support the opposite outcome so council could choose either path.

Casey Couples, representing Couples & Sons, argued it was unusual for a prime contractor not to subcontract a large painting package and pointed to a subcontractor proposal from Cortland Roofing that included items that, if accepted, could push DMR’s subcontracted work over the listing threshold. DMR owner JR DaSilva testified that DMR routinely self‑performs painting and that the roofing scope in the Cortland paperwork was below the threshold used to trigger subcontractor listing.

After deliberation, and with the city attorney’s recommended findings available in the agenda packet, the council voted to reject the protest and award the contract to DMR Builders. The roll call recorded four votes in favor and one no (Vice Mayor Schur). The staff recommendation to award the contract to the apparent low bidder was implemented and the city attorney noted statutory remedies and penalties exist if a listed subcontractor is later used improperly.