BOOK 21_1946-09-23 to 1948-08-09

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for adoption on motion of Councilman Werder, seconded by Councilman Britschgi and 269 j carried unanimously on roll call. FURTHER DISCUSSION ON BIDS FOR CONSTRUCTION of Recreation Building. Acting City Attorney �E Dematteis, after reading an opinion, copy of which is shown below, reported that upon the same facts as the present situation, in his opinion, the bids in question should include a complete set of engineering and 'architectural drawings as well as specifi- cations. City Manager Blom advised that Cattibh Bros. & Stevenson drawings were not sufficient in detail on which to base a contract. He would not recommend building be started without complete details. Mayor Hilton asked Acting City Attorney if bid were awarded to local firm whether the outside firm could possibly file suit to enjoin City froa entering into contract with locar firm. Acting City Attorney Dematteis was of the opinion other firm could file suit on ground that local firm's bid was not in conformity with notice to bidders. Councilman Granger asked if local firm had brought in any additional data or information to City Manager or City Attorney other than that included in their bid. It was the consensus of opinion that Council could not legally accept additional material after bids were opened. Mr. Stevenson of the firm of Cattich Bros. & Stevenson read portions of letter from his attorney stating that bidder was not encumbered by call for'bid to submit certified drawings. Councilman Werder stated that if the Acting City Attorney could advise the Council that plans as submitted by Cattich Bros.'& Stevenson are sufficient we would accept their bid as low; if not, he did not believe Council should award bid'to local firm. City Manager Blom again stated he wo'uld'be"unwilling to start construe_ tion of building without complete plane. After considerable discussion, and the opinion of Acting City Attorney that Council should not accept bid unless it com- plied with the conditions of the "Notice to Bidders", Councilman Werder moved, sec- onded by Councilman Britschgi, that low bid be rejected because of Failure to comply with terms as stated in notice to bidders, and that contract be awarded to Van bokkelen-Cole Co. of Oakland, being the lowest responsible bidder. CITY ATTORNEY'S OPINION "In reply to your request for an opinion as to the legality of bids received for the construction of a gymnasium type recreation building, I hereby submit the following: ' Section'67 of the Charter provides as follows: Section 67, CONTRACTS: Any public work or improvement costing more than five hundred dollars WOW shall be executed by contract, except where 'a specific work or improvement is authorized by the City Council bailed on detailed estimates submitted by the department authorized to execute such work or improvement directly. All such contracts for more than five hundred ($500) shall be awarded to the lowest responsible bidder, after public advertisement and competition as may be prescribed by ordinance, but the City Council shall have the power to reject any and all bids, and advertise Again- All advertisements as to contracts shall contain a reservation of the foregoing right. `All contracts entered into by the City shall be signed by the City Manager and any other officer or officers of the City as the Council may be ordinance provide. , The Notice to Bidders published in this connection contains the following clause: "Each bidder shall furnish with his proposal a complete set of architectural and engineering drawings for the building together with detailed specifications covering the materials and method of construction." The specific question submitted is whether the bid heretofore submitted to the City Clerk by the firm of Cattich Bros. & Stevenson is a proper bid and can be considered by the City Council in awarding the contract. Upon examining the law in this matter, I have been unable to find any case upon the same Pacts as those before us. Generally, however, the law provides that the bid must be in conformity with the terms of the advertisement and the award must be made to the lowest responsible bidder who complies with the advertised proposals. The question of whether the bidders have complied with