Kentwood Committees & Boards
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Minutes for 10/19/2006
APPROVED MINUTES OF THE SPECIAL MEETING
OF THE KENTWOOD CITY COMMISSION
HELD OCTOBER 19, 2006
Mayor Richard L. Root called the meeting to order at 5:30 P.M.
Roll Call: Present: Commissioners: Sharon R. Brinks, Michael W. Brown, Richard Clanton, Frank Cummings, Frank Raha III and Mayor Richard L. Root.
Motion by Brinks supported by Clanton, to excuse Commissioner Coughlin with prior notification.
Staff Present: City Clerk Dan Kasunic, Engineering & Inspections Director Steve Kepley, City Attorney Jeffrey Sluggett, Assistant Finance Director/Purchasing Agent Phil Tietz, Assistant to the Mayor Keith Van Beek and Public Works Director Ron Woods.
Eight (8) citizens and members of the news media attended the meeting.
Motion by Brinks, supported by Brown, to approve the agenda.
Wade-Trim Representative, Brain Bunker, stated he had given the staff some clarification on some questions regarding their bid noting it was after the bid recommendation.
APPROVAL OF DESIGN AND CONSTRUCTION ENGINEER
Mayor Root reviewed the issue and reason for the special meeting, including giving time for the Commission to review all the information that had been presented at the Committee of the Whole Meeting prior to the City Commission Meeting held October 17, 2006, then to question staff and ask for clarification of any issues. The Commission directed questions to staff regarding the two (2) bidders who submitted lower bids that were not accepted and why the term ?disqualified? had not been used. Staff clarified that the bidders did not comply or were not responsive to the RFP. A discussion ensued pertaining to why the bidders below the low qualified bidder had not been accepted, because it had been ?past practice? to indicate why the lower bidder was disqualified and why a particular bidder was accepted. Staff clarified terms and explained that the review committees? professional opinion was that the low bidders? work on this project did not have the level of effort and was not going to be sufficient to do a good job on this critical project. It was noted that the purchasing ordinance does allow ?in the best interest of the City? to accept other than the lowest bidder. The Commission was concerned with the perceptions of accepting the third highest bidder. Staff cited other projects where the engineering and construction work did not meet the needed level of effort. The Commission asked how the bids were analyzed and who did the review. The Commission asked who would fix the road if it started to fall apart. Staff explained that would require a guarantee and the cost would increase the project costs and also, the City would have to show proof of who was at fault. The Commission had specific questions regarding the RFP, pages 7 and 8 and staff gave additional information.
Motion by Brinks, supported by Raha, to accept the recommendation from staff for Prein & Newhof as the lowest qualified bidder pursuant to the RFP and to waive the purchasing rules under the special circumstance exceptions and to authorize the Mayor to enter into a contract with Prein & Newhof for the amount of $629,460.00 for design and construction engineering services for the re-development of Kalamazoo Avenue between 44th and 60th Streets) for the reasons covered on the memorandums of staff, based on recommendations of staff, discussion at the October 17, 2006 City Commission Meeting and the tonight?s Special City Commission Meeting with funding from monies paid by the Kent County Road Commission and from the City of Kentwood Major Streets Fund, as allowed under the City?s purchasing rules and in accordance with the representation contained in S. Kepley et al memo of October 17, 2006.
Roll Call Vote: Yeas: Brinks, Brown, Cummings and Root. Nays: Clanton and Raha. Absent: Coughlin.
Motion by Brinks, supported by Cummings, to authorize the expenditure of up to $107,800.00 for anticipated additional costs and $12,740.00 in contingences relating to the Kalamazoo Avenue project.
Clanton and Raha Dissenting.
COMMENTS OF COMMISSIONERS AND MAYOR:
Commissioner Clanton-Expressed concern that when this decision comes out that the City will be able to explain it well why the City took a bid at a higher bid.
Mayor Root- Gave his thoughts on the staffs? recommendation and in following the purchasing rules.
Commission Brown-Expressed his view that he thought the staff was putoff with the Commission for wanting to question this process.
Commissioner Raha-had no doubts in the process; however, in a large authorization of funds, the process needs more than a twenty-five minute discussion prior to a vote.
The meeting was adjourned at 6:04 P.M.
Dan Kasunic Richard L. Root
City Clerk Mayor