Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 12, 2003
The city council of the city of Grand Forks, North Dakota met in special session in the council chambers in City Hall on Monday, May 12, 2003, following the committee of the whole meeting with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; absent: Council Member Gershman - 1.
RECONSIDERATION OF RECOMMENDATION TO AWARD
CONTRACT FOR PROJECT NO. 5812, 4814.2, 4815.2, 4816.3
AND 5495, PHASE 3, SANITARY SEWER AND WATER
MODIFICATIONS
The staff report from the engineering department relating to consideration of recommendation to award contract for Project Nos. 4812, 4814.2, 4815.2, 4816.3 and 5495, Phase 3, Sanitary Sewer and Water Modifications, with recommendation to accept the withdrawal of bid from Wagner construction, Inc. and return their bid bond, and award to Quam Construction, Inc. in the amount of $1,358,826.50.
Howard Swanson, city attorney, reported that sent memo on Friday that following award to Wagner Construction was advised that Quam Construction was protesting bid and preparing formal protest documents; after discussion with Dennis Wagner, he is concerned about his role in any potential bid fight and delay on project and understood with engineering timeframe pressure, completion date in June, and as a result of weighting that with cost of litigation, that although it is not without debate how court would rule, he has asked to be allowed to withdraw his bid without prejudice to him and award to Quam Construction.
It was moved by Council Member Kerian and seconded by Council Member Brooks to approve the recommendation from the engineering staff.
Mr. Swanson stated issue comes into unit quantity bid and position taken was that we awarded on what his unit price was, there was lump sum reduction. Quam Construction arguing that at time of bid opening what unit price was and bidder given an unfair advantage; and situation Mr. Wagner found himself in was that 1) construction needed to done in timely manner and concerned about that, and concerned about cost to him to become party to any formal protest and what do to his bottom line and he asked to withdraw bid if no prejudice to him.
Mr. Swanson stated he needed to compliment Mr. Wagner on his ability to discuss the issue, no pressure put upon him, but told in any formal bid protest, he too would have to carry his burden.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded to Quam Construction.
ADJOURN
It was moved by Council Member Christensen and seconded by Council Member Kreun that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor