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Drive Project; making a contingent award of bid for the project to the next lowest • responsive and responsible bidder, subject to concurrence from the Texas Department of Transportation and the timely delivery of proof of insurance and payment and performance bonds as provided in the notice of award and the contract documents for the project; authorizing the City Manager to execute all documents necessary to carry out the purposes expressed in this resolution; and declaring an effective date. Lee Taylor, 310 Juniper Drive, Mountain City, Texas, representing Associated General Contractors of America, read a letter regarding the City's recent project CSJ 3379-01-010, stating the project should be re-advertized and re-let. John Weisman, P.O. Box 2109, San Marcos, Texas, founder and owner of Hunter Industries, located in the San Marcos area. On August 6, Rodman was the apparent low bidder. Rodman's equipment is still on site along with trailers. Somewhere along the line they failed to execute the document. TXDOT standards say the project should be re-let. He recommends that all bids be rejected and rebid. If the project is rebid there will be a considerable cost savings. MOTION: Upon a motion made by Councilmember Jones and a second by Councilmember Guerrero, the City Council voted seven (7) for and none (0) opposed, to table this item until later in the meeting. The motion carried unanimously. In accordance with the Texas Government Code, §551.071 - Consultation with Attorney, the San Marcos City Council convened into Executive Session at 9:03 p.m. on Tuesday, October 21, • 2008 in order to continue discussing matters pertaining to: A. To seek advice of City Attorney regarding contingent award of bid for construction of the FM 3407 Wonder World Drive Extension Project. The Executive Session adjourned at 9:50 p.m. on Tuesday, October 21, 2008. The San Marcos City Council reconvened into regular session at 9:52 p.m. on Tuesday, October 21, 2008. The following action was required from Executive Session: MOTION: After a motion and second to remove from the table, a motion was made by Councilmember Jones and seconded by Councilmember Guerrero, the City Council voted seven (7) for and none (0) opposed, to approve a substitute Resolution, 2008-147R captioned: A resolution of the City Council of the City of San Marcos, Texas, declaring Rodman LLC's bid for the FM 3407 Wonder World Drive Extension Project from RM 12 to Stagecoach Drive to be non-responsive; declaring Rodman LLC to be in default under a notice of award and bid bond; making a contingent award of bid for the project to the next lowest responsive and responsible bidder; subject to concurrence from the Texas Department of Transportation and the timely delivery of proof of insurance and payment and performance bonds as provided in the notice of award and the contract documents for the project; authorizing the City Manager to execute all documents necessary to carry out the purposes expressed in this resolution; and declaring an effective date. • PDFConvert.3561.1.RM102108 Minutes.doc Page 6 of 8