R97-39 ACCEPTING THE BID AND AUTHORIZING A CONTRACT

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letter, he stated the following: "Based on the responses received from your references by Mr. Ratekin, my office is not satisfied that Entler Excavating Co. , Inc. is properly qualified to carry out the obligations of the contract and complete the work contemplated in the contract. For this reason we will recommend to the City Counsel that the low bid submitted by Entler Excavating Company, Inc. be rejected and the contract award be made to Bodine Sewer, Inc. as the lowest responsive, responsible bidder. " Public Works Memorandum Number 97-20 was prepared and dated March 12 , 1997 indicating similarly that the engineering division "was not familiar with Entler' s qualifications to perform the work . . . Entler had not done any work for the City in several years. Staff made inquiries of the three references provided by Entler. On the basis of the responses received by Staff, we concluded that Entler is not qualified to complete the project and award of the contract should be made to the next lowest qualified bidder. " After the information provided by the City Engineer was received by Entler's on March 13 , 1997 at 9: 28 a.m. along with the returned bid bond, Entler' s engaged the services of Burger, Fombelle, Zachry & Rathbun, P. C. to represent Entler Excavating Company, Inc. As a result of said representation, this author attempted to contact the references utilizing the Entler Excavating Company, Inc. March 10, 1997 letter. Said attempts to contact the five references commenced on Friday, March 14 until Monday, March 17 , 1997 . As of 5: 00 p.m.