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School board members postponed a Jan. 20 agenda item because of a factual discrepancy between two construction companies. The Los GatosSaratoga Joint Union High School District board then reconvened Jan. 26 after being given more time to analyze the inconsistent stories from both companies.
S.J. Amoroso Construction Company Inc. and Fedcon General Contractors Inc. had battled for the bid for modernization work at Los Gatos High School earlier in January. Roger Hughes, an attorney representing Amoroso, contested the claim that his company's bid runner had delivered the company's bid late; he said that it should not have been considered late, because the official clock had been changed. An official clock is used to judge when potential bids for contract work must be delivered.
"It cannot possibly be standard district practice [to change the clock], and to say otherwise is a charade," said Hughes.
He urged board members to redo the bidding process, out of fairness to all parties involved. Amoroso's late bid was returned to the company unopened by the school district.
But Albert Giacomazzi, executive vice president of Fedcon, claimed the playing field was fair and his company deserved to be awarded the contract. Fedcon was the lowest, responsible bidder—at $12,042,000—whose bid came in on time.
Board members voted 4-1 to grant the bid to Fedcon, with board member Philip Nielsen dissenting. Nielsen said he was disappointed there was no restoration work included in the project, and all bidders were not pre-qualified for the modernization task.
"I'm convinced that the process was fair," said Ron Adolphson, vice president of the board.
Adolphson said, given the magnitude of what must be accomplished over the next few months, the procedure was handled properly despite the two discordant stories.
District Director of Building Projects Richard Meyer said the contract work by Fedcon will include phase one of the Theater Improvement Project to upgrade the school's performing arts hall. It will also incorporate modernization work to the administration, cafeteria and main school buildings, plus changes to the business, music and art history buildings.
The work is being funded by the $79 million Measure B bond, passed by voters in 1998, plus additional funds from the district and state, Meyer said. Construction is expected to be completed by late 2005. Hughes added that Amoroso will not proceed with legal action, and Amoroso's conduct was not directed at Fedcon, but toward the district's legal process.
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