08-30-1990 Special Council Agenda

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Thomas M. Sweeney George F. Borer Paul T. Ostrow Douglas B. Meslow Sweeney & Borer Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 August 27, 1990 Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Re: Construction of Municipal Fire Hall Our File No. 6510 Dear Mr. Hanson: I C) , E� GG 2 Q& <%J O '(6 C, 1 ) (612 elephone 22 -2541 acsimile 23 -5289 This letter is in response to your recent questions regarding irregularities in bids that were recently received on the municipal fire hall project. It is my understanding that several of the bids were transmitted by facsimile. You raised the issue as to whether or not these bids could be accepted by the City in light of the requirements that the bids be sealed and delivered to City Hall. The City Council has the authority to waive irregularities in bids, when those irregularities do not result in a substantial departure from specifications or favor the bidder guilty of the irregularities. For example, it has been held that a failure by a few minutes to comply with a bid deadline or a failure to seal a bid until after it has been submitted are irregularities which the Council may waive. Nielsen v. City of Saint of Paul, 88 N.W. 2d, 853 (Minn. 1958). It is advisable for an advertisement for a local improventent to include a provision that the city reserves the right to reject any or all bids, or to waive informalities or irregularities. Transmittal of a bid by facsimile is clearly an irregularity and is contrary to the requirements for the bid as set forth in the advertisement for bids. However, it is our opinion that the Council has the authority to waive this irregularity.