RESOLUTION NO. R-2022-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, *00 CALIFORNIA RESCINDING RESOLUTION R-2020-094 AND SETTING A HEARING ON DECEMBER 20, 2022 TO CONSIDER DECLARING V. LOPEZ JR. & SONS GENERAL ENGINEERING CONTRACTORS, INC. A NON -RESPONSIBLE BIDDER
IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE THE MATTER BEFORE
THAT DATE
WHEREAS, on December 19, 2017 V. Lopez Jr. & Sons General Engineering Contractors, Inc. (V. Lopez) was awarded a contract in the amount of $2,901,486 for the Five Cities Lift Station and Lift Station Maintenance Projects; and WHEREAS, several significant issues were encountered with V. Lopez's project understanding and public works competence over the course of the project; and WHEREAS, on November 17, 2020, the City Council conducted a hearing at which time staff and V. Lopez presented testimony and evidence regarding the project; and WHEREAS, following the November 17, 2020 hearing, the City Council adopted Resolution R-2020-094 finding V. Lopez to be a non -responsible bidder and imposing a five-year bar against V. Lopez bidding on City of Pismo Beach public works projects; and WHEREAS, V. Lopez filed suit to overturn Resolution R-2020-094 alleging, among other issues, that it had insufficient time to prepare for the November 17, 2020 meeting; and WHEREAS, on June 24, 2022, the Superior Court of San Luis Obispo County ordered R- 2020-094 to be set aside, and further ordered that the City conduct a new hearing to consider declaring V. Lopez to be a non -responsible bidder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R-2020-094 effective June 24, 2022, and sets a hearing on December 20, 2022 to consider declaring V. Lopez to be a non -responsible bidder, in the event the parties are unable to resolve the matter prior to that date.
UPON MOTION OF Mayor Waage, seconded by Council Member Blake, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 16th day of August 2022, by the following vote:
AYES:
5 Waage, Blake, Guthrie, Newton Reiss
NOES:
0 ABSENT:
0 ABSTAIN:
0 RECUSED:
0 PAGE 1 OF 2
R-2022-074
Approved:
�7
Ed Mabe, Mayo
Attest:
4:rice n d e d, City Clerk
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R-2022-074