2001 CC REG MIN Apri 17 - Laserfiche WebLink

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had been a source of income to the City and the City had been a source of income to them and then they were turning around participating in an economic decision that could benefit them. Assuming the professional agreement was not a problem, she said an explanation was necessary as to why Stewart and Stevenson did not participate in the formal bidding process. Utility Director Clarke replied there were a number of changes to the bid opening that caused confusion and even though they had a bid ready to go, Stewart and Stevenson missed the date and time. Utility Director Clarke declared the bid a clouded process and recommended rejection of all bids. He said that the City did not have any liability exposure. City Attorney Carvalho advised City Council that it absolutely reserved the right, in its bid documents, to reject all bids. She noted, under Staff's Alternatives Item 4, that Stewart and Stevenson could be selected through an emergency process and she recommended that City Council reject Option 4. Discussion followed on whether the project was an "emergency" item. Dale Garriott, Sales Manager for Hercules Portable Power, commented on the availability of generators, competitive bid, the need for a generator engineering specialist and recommended stepping back and evaluating the process again. RECESS: At 8:49 P. M., Mayor Bennett declared a recess to allow Staff to confer with the City Attorney. At 9:10 P. M., the meeting was reconvened with all Members present. Rejection of all bids for 5MW Power Generation Facility at Wastewater Treatment Plant continued Following her meeting with City Staff, City Attorney Carvalho explained that the staff report reflected a variety of options because, in the past, Council had challenged Staff to provide options. The recommendation in Staff's Agenda Report was for City Council to choose Option One to reject all bids and invite new bids responsive to the time requirements. At recess, Staff reviewed the logic of rejecting the bid and inviting new bids and Staff agreed that if this action had taken place 60 or 90 days ago, it would have made sense to address the energy crises facing the City and move forward with the project. Now, City Attorney Carvalho advised that the best thing to do was to reject all bids and to specify that the City was not going to immediately turn around and invite new bids. In addition to rejecting all bids, City Attorney Carvalho strongly recommended that Council add that any of the engineering consultants, that are consulted on the benefits or parameters of this project be automatically disqualified from bidding on the project. MOTION: Motion/second by CM Ramos/Sanders to accept the recommendation stated by the City Attorney to reject all bids and to specify that the City was not going to immediately turn around and invite new bids and that any consultant engineers, that are consulted on the benefits or parameters of this project, be prohibited from bidding on the project. Additionally, there was emphasis that the consultant term be included in the motion as well as the fuel cost analysis. After discussion, City Manager Garcia stated that this project would not be back within the next six months. He stated that the project was off the table tonight because there was no longer an City Council Mins April 17, 2001 7