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Mounds View City Council February 26, 2007 <br />Regular Meeting Page 7 <br /> <br /> 1 <br />Public Works Director Lee noted the City received bids for the County Road 10 project on 2 <br />February 8 and received a total of 12. The low bid was $455,270.71 and the engineer’s estimate 3 <br />was $533,000. He then said that there are two bidding issues to consider. The low bidder is on 4 <br />the Department of Administration’s disbarment list and is restricted from bidding projects 5 <br />through the State. He further explained that, after discussing this with legal staff, there is no 6 <br />legal issue with awarding a contract to them. 7 <br /> 8 <br />Director Lee indicated that Jay Brothers has been awarded two contracts by the City for previous 9 <br />projects and they performed according to the specifications. 10 <br /> 11 <br />Director Lee handed out a memo from Kennedy & Graven and explained that they contacted the 12 <br />Department of Administration and there were no actual convictions only an indictment and other 13 <br />cities were contacted and all cities have indicated positive experiences with Jay Brothers and 14 <br />have hired them for additional projects. 15 <br /> 16 <br />Director Lee indicated that awarding to Jay Brothers would lower the costs by $47,000 and this 17 <br />could increase the City’s risk of litigation for not awarding a bid for other than legal reasons. 18 <br /> 19 <br />Council Member Hull asked if Jay Brothers was disbarred when the City hired them to do 20 <br />Random Park. 21 <br /> 22 <br />Director Lee indicated that he does not think so. 23 <br /> 24 <br />Council Member Mueller asked how the City found out about the debarment. 25 <br /> 26 <br />Director Lee indicated that the City’s consultant notified the City. 27 <br /> 28 <br />Mark Jay 4411 Morningside Avenue, Vadnais Heights addressed Council indicating they have 29 <br />ongoing projects with the City of Stillwater. He then said that they completed a job in the fall of 30 <br />2006 for St. Louis Park and they just completed a project for Circle Pines. 31 <br /> 32 <br />Finance Director Beer indicated that a performance bond is required to protect the City. 33 <br /> 34 <br />Council Member Flaherty asked if Mr. Jay was still facing indictment. 35 <br /> 36 <br />Mr. Jay indicated they were sentenced this week. He then said that he and his were sentenced to 37 <br />the same sentence to serve five months in a halfway house with work release and will have five 38 <br />months of home monitoring with work release and 30 hours of community service and three 39 <br />hours of probation after the 10-month period. 40 <br /> 41 <br />Council Member Flaherty said that the indictment ended up being correct. 42 <br /> 43 <br />City Attorney Riggs indicated that they pled to a charge but the state is not aware of this yet so he 44 <br />is not sure if it was an exact plea to the indictment or not. 45