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Council approves $2.95 million Bartlett parking-lot contract despite local bid protest
Summary
The Big Bear Lake City Council voted 3-1 on July 8 to award the Bartlett parking-lot extension contract to Elegant Construction Inc. after staff rejected a bid protest by local firm S. Porter Inc., citing minor irregularities resolved through post-opening verification.
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The Big Bear Lake City Council voted July 8 to award a $2,954,302 construction contract to Elegant Construction Inc. for the Bartlett parking-lot extension project after rejecting a formal protest from S. Porter Inc.
Sean Sullivan, the citystaff presenter, told the council the project would develop a new parking facility across eight parcels totaling approximately 2.2 acres and yield 167 additional spaces (eight ADA-accessible). Staff said the solicitation drew 11 bids and that Elegant Construction was the apparent low bidder. S. Porter Inc. filed a protest alleging missing certifications, an unnotarized bid bond and incorrect forms.
Sullivan said staff verified the bid bond was valid and notarized by the surety, confirmed CARB certifications were filed, and found no missing subcontractor information. Based on those follow-ups and references cited by staff, the city concluded the identified discrepancies were minor irregularities that did not provide a competitive advantage and recommended awarding the contract to Elegant Construction.
Local contractors and residents urged the council to favor local firms during public comment. Steve Porter, identified in the comment period as a local contractor, said his firm had repeatedly performed city projects and that awarding the work out of town would send money away from the valley and cost local jobs. Andy Acosta and Eddie Phillips raised procedural objections, arguing some bid forms differed and that notarization and form inconsistencies should make the low bid nonresponsive.
City attorneys and staff told council members the California Public Contract Code requires awarding to the lowest responsible and responsive bidder. Counsel and staff said state law allows agencies to request evidence of a bidderresponsibility after bids are opened and that, in some cases, minor irregularities can be cured through such follow-up. They warned that rejecting all bids and rebidding could delay construction into the winter season and risk higher costs or reduced competition.
After discussion, a motion to follow staffrecommendation passed on roll call: Councilmember Melnick Aye; Mayor Pro Tem Segovia Aye; Councilmember Hicks Aye; Mayor Putz No. The contract amount includes a $2,689,301 base bid, an approximate 10% contingency, and an authorization of a task order of up to $75,000 for inspection and project management, for a requested appropriation of $3,029,352. Staff asked the council to approve a $529,302 budget appropriation from restricted development impact fees for drainage and public facilities to cover the shortfall relative to the established CIP budget.
The council's approval will allow staff to finalize contract documents and proceed toward construction; staff warned the timeline is tight to complete major civil work before winter.

