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had occured several years ago from a similar situation and that Staff had made a recommendation which should be heeded. City Attorney agreed that instance referred to, had resulted from allowing a bidder to make a change after submitting a bid and that several law suits were filed. Attorney, representing W. H. Ebert Corp. -Spartan Construction Company, second lowest bidder, stated his clients had met all of the requirements and would suggest, that although sympathetic to facts presented by the lowest bidder, to allow bidders to submit bonds after opening of bids would shake the confidence of the bidders in the City and urged Council award bid to his clients. City Manager stated he felt Staff recommendation well covered and supported by the City Attorney, and that to award other than as recommended would result in City's loss of respect in the contracting community. City Manager quoted from recommendation made by Jenks & Adamson containing this exact phrasing that it was their belief "to accept this proposal would establish bad precedent and loss of respect in the contracting community," and recommended that bid be awarded to the second low bidder, W. H. Ebert Corp. -Spartan Construction Co., an experi- enced and competent underground contractor. Mr. Evans again urged Council consider waiving of proce- dural error and award contract to his clients, Mission Pipeline Co. After further discussion and questioning by Council members, Councilman Keckley recommended that award to lowest bidder should be considered since it was possi- ble to waive a procedural irregularity and take the cheaper bid, and doubt expressed by Councilman Granger as to appropriate action. Motion carried on roll call vote, Councilman Bury, Henderson, Rosselli and Mayor Herkner voting yes, Councilman Granger abstaining, Councilman Keckley voting no, Councilman Petersen being noted absent. Report of Legislative Committee continued at request of Councilman Rosselli, Chairman, for one week. (Memo 4/11/67) Councilman Keckley moved to adopt RESOLUTION NO. 5340 APPROVING AND AUTHORIZING EXE- CUTION OF MODIFIED AGREEMENT FOR THE DEDICATION OF CERTAIN RIGHTS OF WAY AND THE IMPROVEMENT OF CERTAIN RIGHTS OF WAY IN THE VICINITY OF MAIN STREET AND VETERANS BOULEVARD, seconded by Councilman Granger. Staff report stated approval had been given by Council for improvements to be made at this location, and request now being made by Standard Oil Co. for modi- fication of agreement as to effective date of completion from December 31, 1967 to June 30. 1968, becausg6onies would not be available in their budget until end of their fiscal year, and further amended to permit Standard Oil to continue use _ of their facilities until Main Street is improved in accordance with this agreement including a "hold harmless" clause in favor of the City. A slide was shown illus- trating the site and improvements proposed explained. Councilman Henderson questioned whether a traffic hazard would be created and was _ advised by Director of Public Works of improvements to be made at this intersec- tion with development of Motor City but that intersection would be used as it now is until improvements made and Standard Oil Station rebuilt, but that no traffic hazard would exist. APR 10 '67