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After further discussion, Mayor Butler declared the public hearing open on this item and continued to the meeting of April 26, 1983, 8:00 P.M., in the Pleasanton Council Chambers. Appe~ by the City Council of a decision of the Planning Commission approving a -- tentative subdivision map to subdivide an approximately 21~ acre site into 52-lots located at the eastern terminus of Parkside Drive north of the Pleasanton Sports Park. Zoning for the property is R-1-7500 (Single-family Residential) District Council determined to continue this matter because of the absence of Councilmember Brandes. After discussion, Mayor Butler declared the public hearing open on this item and continued to the meeting of April 26, 1983, 8:00 P.M., in the Pleasanton Council Chambers. Fromm Business Park~ Assessment District 1982-5 Mr. MacDonald presented his report (SR 83:140) dated April 7, 1983, regarding this matter. He reviewed the bidding process and outlined the procedure to be taken at this public hearing. He stated that bids for the Fromm Business Park, Assessment Dis- trict 1982-5, were opened on March 30, 1983, with the low bidder being Bay Cities Paving and Grading, Inc., in the amount of $2,546,430.00. He advised that the City has received an Affidavit pursuant to Government Code Section 4107(a)(5) from Bay Cities Paving requesting the substitution of subcontractors for the Schedule H (Uti- lities) portion of the bid, based on an inadvertant clerical error and that the re- quest was timely received by the City and appears to meet statutory requirements. He also advised that two protests have been received; one from Duran Jones Construction of Pleasanton, the subcontractor who will be replaced by Rosendin Electric on the con- tract, and a second protest from Les McDonald Construction Company, Inc., the second place bidder on the general contract, and that these protests were timely filed and appear to meet statutory requirements. Mr. MacDonald stated the purpose of this hear- ing is for Council to determine whether or not Bay Cities Paving is guilty of "bid ped- dling" or if the Affidavit for substitution of subcontractors is valid and proper. He advised that attorneys for each of the involved firms would make presentations and that cross examination would also be allowed. He also advised that all documentation related to this matter is a part of this record and on file in the City Clerk's office. Mr. Robert Curotto, Attorney representing Bay Cities Paving and Grading Company, stated that Bay Cities acted in typical fashion in receiving figures from subcontractors in order to present the lowest bid possible. He advised that Ben Rodriquez, Jr., President of Bay Cities Paving, was taking bids at his office in Richmond, then calling them to David Sato in Pleasanton to complete the bid form. He stated that figures were received from Duran Jones Construction in the morning of March 30th, and entered on the bid form; then at 1:53 P.M., lower figures were received at the Richmond office from Rosendin Electric which were immediately called tO the Pleasanton contact person, Mr. Sato. There was no room on the bid sheet for the substitution so Mr. Sato entered the new firm and figure at the bottom of the page and inadvertantly failed to cross out the firm of Duran Jones, whose figure was just replaced. Mr. Curotto stated that the bid itself is evidence that there is no bid peddling intended by Bay Cities Paving. He advised that several other contractors had listed Rosendin Electric as the low bidder on their bid forms. He reiterated that it was only through a clerical error that Duran Jones Construction was not deleted from the bid form submitted by Bay Cities Paving. Mr. Ben L. Rodriquez, Jr., President of Bay Cities Paving and Grading, Inc., after being sworn in by a court reporter, stated that Rosendin Electric had called his office at approximately 1:30 P.M., on March 30th with their figures for the subcontract work on utilities and that they wanted to be considered only if they were awarded the entire subcontract work involved on Schedule H. Mr. Rodriquez reviewed the juggling of 7. 4/12/83