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C <br /> July 10,1091 <br /> =tt:OrzhaetiVbfrneope14's fore <br /> grroPt%=sgTothal0.price <br /> Staff recommends awarding the bid for Transmission Line No. 2 <br /> Replacement project to Tri-State Construction. <br /> City Attorney Bruce Jones referred the Council to letters in <br /> their packet from Ulin di Lambe on behalf of Wilder Construction <br /> 0 to Bruce yor Kinch,Jones, June 26;and a letter from Wilder Construction <br /> to MaJuly 2,1991. <br /> David Gent, Wilder Construction Ca.,3315 15th Street,Everett, <br /> spoke on the matter of a minor error and felt there was much <br /> speculation regarding it. He said their bid was the lowest <br /> bid; however they didn't allocate 2% for demobilization as <br /> required hut allocated 1% instead. He felt that shoulnn't <br /> disqualify them from the bid award as it was a minor error and <br /> there was no ambiguity. He stated•that the second bidder did <br /> not extend unit prices correctly on their bid. <br /> Bruce Jones, city attorney, mooted to the City's • <br /> recommendation and memorandum to Dan Mathias, June 28, 1991. <br /> In this case there is a specification in the bid regarding the <br /> demobilization that was not adhered to. He further pointed out <br /> that the oh.ney that is withheld is not for the purpose of <br /> enforcing performance of the contract. He referred to Section <br /> 1.03.2 of the General Requirements requires that award of a <br /> contract will be made on the basis of the lowest cost to the <br /> owner to the bidder "whose bid complies with all requirements <br /> prescribed.. It was Mr. Jones opinion that the second bidder's <br /> (Tri-State) error did not prejudice the other bidders because <br /> in the case of mobilization the bidders were required to stay <br /> under a certain amount stated in the biol. The problem with <br /> Wilder's error on demobilization is that all bidders were <br /> required to stay above a certain amount, and by virtue of <br /> Wilder's error,it allowed them to be the low bidder. <br />• <br />• <br />• <br />• <br /> ed whether niider would eat their <br /> 21'SralTtnd 7fPahhe'TtZ retention could be used as a hammer <br /> over them, <br /> Mr.Gent asked haw the other bidder's bids were prejudiced. <br />• <br /> :rde'Xsetbincle'weXt t:gnsiosT loath or, <br /> K'rklend' felt that <br /> Councilman Overstreet asked the city.a,tozney when a decision <br />• <br />• <br /> i ( <br />