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<br />I <br /> <br />I <br /> <br />I <br /> <br />COUNCIL PROCEEDINGS <br /> <br />CITY OF NEW BRIGHTON <br /> <br />Pursuant to notice thereof, a continued meeting of the New Brighton City Council was held Thursday, August 25, <br />1994, at 5:04 p.m. in the municipal building, 803 Fifth Avenue NW. <br /> <br />Present: <br /> <br />Mayor Benke, Council members Larson, Samuelson and Williams. <br /> <br />Absent: <br /> <br />Council member Gunderman <br /> <br />Also Present: <br /> <br />Matthew Fulton, City Manager <br />Charlie LeFevere, City Attorney <br />Les Proper, City Engineer <br /> <br />Council Business <br /> <br />The purpose of the continued Council meeting is to evaluate the investigative results <br />performed by City Attorney Charlie LeFevere in regard to the bid award for Project <br />94-01, Modifications to the PGACWTF Addition. <br /> <br />At the August 23 Council Meeting, Tim Sullivan, attorney representing Egan and <br />Sons, questioned whether collusion occurred between Penn-Co and Shank in <br />preparing their bids. Egan believed there was a relationship between Shank and <br />Penn-Co which affected the bidding process. Both Penn-Co and Shank submitted <br />general contracting bids and Shank submitted a mechanical subcontracting as part of <br />the Penn-Co bid. The staff recommendation was to award the bid to Penn-Co, the <br />lowest bidder. <br /> <br />Council moved to delay the bid award to allow for LeFevere's investigation to <br />determine if Penn-Co had an unfair advantage in the bidding process. Council <br />continued the meeting to August 25 to evaluate the investigative results. <br /> <br />LeFevere explained that Shank, Penn-Co, Egan and himself had a lengthy meeting <br />on August 24 to discuss the facts relating to the bid process. In his opinion, the <br />complaint submitted by Egan was made without a basis of fact, assuming that Shank <br />and Penn-Co are telling the truth that this was a perfectly legal business transaction. <br />He prepared affidavits of the statements provided by Shank and Penn-Co, however, <br />before these affidavits could be signed, word was received that Egan withdrew their <br />objection to the bid. Therefore, Council is able to award the bid at this time. <br /> <br />Williams is satisfied with the investigation and proposes the bid award to Penn-Co. <br /> <br />Motion by Williams, seconded by Larson, to AWARD THE BID FOR PROJECT <br />94-1, OUl MODIFICATIONS PGACWTF ADDITION, TO PENN-CO <br />CONSTRUCTION, INC., IN THE AMOUNT OF $3,559,854.00, <br />CONTINGENT UPON U.S. ARMY APPRO V AL. <br /> <br />4 Ayes - 0 Nayes, Motion Carried. <br /> <br />Council Business <br /> <br />Bid A ward for <br />Project 94-01 <br />PGACWTF <br />Report 94-198 <br />