HomeMy WebLinkAboutSpecial City Council Minutes 07.27.1983Minutes of the City Council of Laurel
' July 27, 1983
A special meeting of the City Council of the City of Laurel, Montana, was
held in the Council Chambers and. called to order by Mayor Albert Ehrlick at 7:24
p.m., on July 27, 1983, for the purpose of awarding the bid for construction of
the wastewater treatment plant.
COUNCIL MEMBERS PRESENT: Duane Behm Bill Brennan
Fred Feuerbacher,III Rob Harris
Bob Gauthier
COUNCIL MEMBERS ABSENT: Lonnie Kellogg Susan Carter
Marvin Carter
JOE BRADLEY: Orville E. Madsen & Son, Inc. has shown us by affidavit under oath
exactly where the mistake .they claim they made lies. It was in a bid that they
received from a sub-contractor. They have called the sub-contractor, and they
did send us an affidavit verifying the figures which they gave to Madsen, Inc.
which shows that Madsen, Inc. did evidently make a mistake by $300,000.00. And
if you add the $300,000 they are not low bidder any more. (a copy of the affidavit
and other documentation is filed in the City Clerk's Sewer Treatment Plant file)
So then the question becomes can we stick them with the contract and force
them to go through with that low bid or not? I think that the law would allow
them to get out from under their bid if we had to fight it out in court.
Discussion.
Jim Kaercher said that he and Joe Steiner have been in contact with the EPA
attorney regarding this error by the low bidder.
The EPA attorney suggested that we get substantial documentation of the error.
The City Attorney has to make a decision from the documentation he receives from
the contractor and make his opinion.
After EPA receives this documentation, City Attorney's opinion, etc., they
will probably "sign-off.'! There is no EPA regulation for this type of situation,
but this is their standard practice.
Discussion.
Motion by Alderman Brennan to amend the Orville E. Madsen & Son, Inc. bid for
Alternate No. 1 from 3,556,386.00 to $3,856,386.00 and Alternate No. 2 from
$3,520,906.00 to $3,820,906.00 in accordance with the affidavits and to accept
the lowest bid, after amendment, for Alternate No. 1 from Volk Construction in
the amount of $3,685,909.53, on .condition of State and Federal approval, seconded
by Alderman Behm. Upon taking a roll call vote, all Council members present
voted, "YES."
Meeting adjourned at 7:35 p.m.
Donald L. Hackmann, City Clerk
Approved by the Mayor and passed by the City Council of the City of Laurel,
Montana, this 2nd day of August, 1983.
' A TE~~ ~~
Donald L. Hackmann, City Clerk
Al ert Ehrlick, Mayor