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200 <br />the bidders agree to the insertion of a delivery bonus in the contract <br />u <br />by which the city would pay a bonus for earlier delivery and get a• re- <br />duction for later=delivery than promised, however, the bidders would not.. <br />7� <br />agree to the inclusion of this clause. Councilman Fletcher moved, seconded *.44! <br />by Councilman McNulty, that the recommendation of the city ager man and <br />fire chief be accepted and that the award be made to the Seagrave Corpor- <br />ation. Under the question, Councilman Granger asked if.there were any <br />legal entanglements in making the award to Seagrave inasmuch as they were <br />not the actual lowest bidder. City Attorney McCarthy advised there were <br />no legal entanglementssto be encountered,, it being his opinion that the I!I <br />Council was entitled to take into consideration the various aspects of f' <br />the equipment in determining the most satisfactorYs particularly in view <br />of the fact that the Seagrave Corporation would turn the old equipment <br />back to the. city. Councilman Anderson believed that this provision should <br />{; be included in the motion. Councilman Armstrong asked if there were any <br />j! legal obligation on the part of the Council to accept a low bid. City <br />Attorney McCarthy advised that the Council can reject all bids if it de- <br />sires and did not believe there was any legal obligation to accept the <br />i <br />�. low bid but believed the Council was entitled to accept the best bid and <br />that it might be assumed that the best bid is the lowest bid. Councilman <br />Granger asked if the award had been recommended on a point system to which <br />1 <br />City Manager Blom replied that a point system had not been used but that { <br />it had been a matter of good judgment. He did -not believe there was any <br />i <br />obligation to accept a low bid on pieces of equipment which have to meet h� <br />;. specifications. Councilman Fletcher changed his motion to include the <br />provision that the city manager be instructed to negotiate further with <br />i <br />the Seagrave Corporation in regard to retaining the old equipment and <br />that there be received from the Seagrave Corporation an agreement in <br />writing that the city will be allowed to retain the old equipment. In <br />answer to Mayor Hilton's question as to the delivery date, City Manager <br />Blom replied that Seagrave Corporation had agreed to deliver by September <br />19"19460 contingent on strikee and other things over which they have no <br />control. Councilman Granger stated that the bid was being awarded to <br />I <br />Seagrave with the understanding that every attempt was to be made to dis- <br />pose of the old equipment. City Manager Blom advised that was the <br />{ understanding. The motion passed unanimously. <br />i' <br />City Manager Blom advised that notices had been sent out to property owners <br />involved in regard to installing an 811 water main on Bayshore Highway out <br />to a point near the Red Feather Products Company. The property owners <br />were asked to indicate whether or not they would be interested in having t �. <br />a line installed and whether they would be willing to pay their portion' n1 <br />of the assessment to cover approximately two-thirds of the cost thereof, <br />the city to stand the other one-third. Nine responses have been received <br />out of seventeen notices sent and eight have been unfavorable. Others <br />are awaiting information from the insurance agents as to possible savings <br />in insurance rates. City Manager Blom asked that the matter be carried <br />