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Malibu council rejects bids for Encinal storm‑drain repair after low‑bid nonresponsive determination
Summary
Council rejected all bids for a 60‑inch Encinal storm‑drain repair after staff deemed the apparent low bidder nonresponsive under a contract requirement that the prime contractor self‑perform more than 50% of the work; staff and council debated rebidding timing ahead of the rainy season.
Council voted Sept. 8 to reject all bids for a 60‑inch storm‑drain repair after staff determined the apparent low bidder did not meet a self‑performance threshold in the contract documents.
A contractor representative, Al Solis of Performance Paving, told the council his firm’s $337,000 bid was marked nonresponsive because he listed a subcontractor for part of the work; he argued lining is a specialty item under the standard specifications and that his firm’s experience and partnerships should qualify. Staff and counsel pointed to Section 3.2 of the standard specifications and said the notice‑inviting‑bids did not list any designated specialty items for this contract, so the bid‑evaluation calculation — which counts labor, material and incidental costs associated with subcontracted items — showed the subcontracted portion exceeded the allowed 50% threshold.
Councilmembers expressed frustration that technicalities could add several months and higher costs to a project needed before the rainy season; staff said a re‑bid could be turned around within weeks but might not avoid a later seasonal start. After discussion, the council directed staff to reject all bids and re‑advertise the project, and requested the contract language and specifications be presented for review before the next vote.
