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Minutes 1982/04/13 Roll Call Las An i mas Tech. Pk. Assmt. Dist. ... 4723 Apri 1 13, 1982 Gilroy, California The Adjourned Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 5:09 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. The Mayor noted that the April 5, 1982, meeting was continued for the purpose of unfinished business regarding Las Animas Technology Park Assessment District; that the Public Hearing for same was closed at the April 5, 1982, regular Council Meeting. City Administrator Wood recommended that Council proceed by first considering the awardin0 of the contract for said improvement. The Mayor asked if there was anyone present in the audience wishing to speak in regard to Council considering awarding the contract for the subject improvement district. Mr. Paul Eilert, Eilert Construction Company, Inc., addressed the Council noti ng htat hi s company was the low bi dder for the project and he spoke in regard to alleged irregularities of his bid and Staff's recommendation presented to Council at their April 5, 1982, meeting in regard to the competence of his company. Mr. Lou D. Packard, attorney representing Eilert Construction Com- pany, Inc., addressed the Council regarding a recent newspaper article inferring that they are not a responsible contractor as a result of the Staff's memorandum to Council recommending that the bid of Samuel R. Spencer be awarded for the subject improvement. He further presented letters of commendation from agencies who awarded contracts to Eilert Construction Company, Inc. He further noted alleged failures on one street in the Obata Industrial Park Project performed ~y Samuel R. Spencer, con- tractor. Councilman Taylor requested an anology from Mr. Packard for his inference that the City would require Eilert Construction Company, Inc., to adhere to each and every portion of the specifications but would waive irregularities in the contract of Samuel R. Spencer. Mr. Packard apologized for same noting that the inference was not intentional. Councilman Gage noted that Mr. Packard referred to the savings to taxpayers in awarding the bid to the low bidder when, in fact, same is not a cost to taxpayers, but to private parties for this particular assessment district. Mr. Packard concurred. Mr. John P. Corley, attorney for Samuel R. Spencer, addressed the Council and noted that the irreqularities of the low bid are not slight; that time is of the essence in the biddin~ process and at some noint, the contractors must complete their bid in accordance with the specifications, noting that in the low bid, several of the unit prices were not written in words as required by the specifications; that the bid of Eilert Construction Co., Inc. did not follow the City.s specifications. 4724 Executive Session Res. #82-56 Adjournment ... Councilman Link noted that the Las Animas Technology Park owners expressed their willingness to a9ree with Staff's recommenrla- tions. Mr. Philip D. Assaf, City's Bond Attorney, noted that whether or not the owners are willing to accept Staff's recommendation is of no consequence in Council's consideration of awarding the contract. At 5:42 p.m., the Mayor called an Executive Session of the Council and reconvened the meeting at 6:04 p.m. City Administrator Wood reported that Council will reject all bids and call for new bids. He noted that the City wants to remove any question or onfusion in regard to the seval bids received and to give all prospective bidders an equal opportunity to resubmit new bids. He noted that Council will call for new bids at 2:00 o'clock p.m. on April 30, 1982, and report to Council on May 3, 1982. On behalf of the City, he invited Mr. Eilert to resubmit a new bid as an expression of the City's confidence in his and his company's abilities. The City Attorney reported that the new specifications should be followed in every detail. Motion was made by Councilman Link seconded by Councilman Taylor and carried that all bids receiverl for the subject project be rejected. Councilwoman Hughan voted IInoll on the motion. Mr. Philip D. Assaf, Bond Attorney for the City, presented and read Resolution No. 82-56, A Resolution Calling for Sealed Proposals or Bids. On motion of Councilman Link, seconded by Councilman Valdez and unanimously carried, Resolution No. 82-56 was adopted. RESOLUTION NO. 82-56 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFICED -LAS ASNmAS TECHNOLOGY PARK ASSESS~1ENT DISTRI CT. PASSED AND ADOPTED this 13th day of April, 1982, by the following vote: AYES: COUNCIL MEr1BERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ ann GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCI L ~1Er1BERS: NONE At 6:07 p.m., the Mayor adjourned the meeting. Respectfully submitted, -/l"2uJa-J t ..d ~~ ~ City Clerk'