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Council resolves bid protest, conditions ADA contract award on principal's signature
Summary
After a bid protest and staff review of municipal code and case law, the council approved an ADA concrete contract for up to $719,260, finding the lowest bidder’s missing signature a minor irregularity and conditioning final approval on the principal signing the required document.
The El Cajon City Council approved award of an ADA concrete contract (Bid 5) for up to $719,260 after staff reversed an initial finding of nonresponsiveness in response to a bid protest.
Graham reported the lowest bidder had been deemed nonresponsive because a signature page was missing. After reviewing municipal code, ordinances and case law, staff determined the omission was a minor irregularity and recommended awarding the bid to RAC for up to $719,260. Councilmembers pressed staff on whether the principal had since signed the document; staff said the principal had been offered the chance to sign but that staff believed the surety remained responsible even without the principal’s signature.
A councilmember moved to approve the staff recommendation on the condition that the principal sign the required document; the motion carried unanimously. Councilmembers expressed concern about contractor performance on past city projects and emphasized the need for future compliance. No public speakers were present for the item.
