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1 <br />1 <br />1 <br />COUNCIL MEETING MARCH 28, 1994 <br />one contractor. He noted that even after deleting the parking <br />lot portion of the bid, this contractor remained in third place. <br />Mr. Volk has consulted with the city attorney who outlined three <br />(3) options for City Council action. The first option is if the <br />City Council feels deletion of the parking lot is not a <br />substantial deviation from plans and specifications, the City <br />Council can award the bid to the lowest qualified bidder without <br />the parking lot. The second option is to award the bid to the <br />only bidder who followed the plans and specifications most <br />accurately. The third option is to reject all bids and rebid the <br />project. <br />Council Member Neal said he felt that there is only one <br />qualifying bid and that is the bid from the contractor who <br />included the parking lot in his bid. Council Member Neal said he <br />felt the bid should be awarded to that bidder. <br />Council Member Bergeson said he felt that the City Council should <br />award the bid to the lowest bidder, Rainbow Construction. <br />Council Member Elliott agreed and noted that this would save the <br />City almost $5,000.00. <br />Council Member Neal asked Mr. Volk if he had an estimate of what <br />it would cost to construct the parking lot. Mr. Volk explained <br />that he received a proposal for $5,500.00. <br />Council Member Kuether explained that she understood both <br />arguments but noted that proposals had been received on this <br />project earlier and there were problems with them. She explained <br />that since there was only one bidder who followed the plans and <br />specifications, his bid is the only bid that should have been <br />presented to the City Council for consideration. <br />Mayor Reinert explained that the City Council has the right to <br />accept bids that are not a substantial deviation from the plans <br />and specifications if it is in the best interest of the City. He <br />noted that when you add the parking lot to the four (4) remaining <br />bids, Rainbow Construction is still the low bidder. Mayor <br />Reinert noted that if the City Council values tax dollars, they <br />should be looking at the best interest of the City and in this <br />case it would be to award the bid to the low bidder, Rainbow <br />Construction. <br />Council Member Neal asked how the parking lot would be handled. <br />Mr. Volk explained that he would solicit bids and bring the bids <br />before the City Council for their decision. <br />Council Member Kuether said she would vote for accepting the low <br />PAGE 5 <br />12i <br />