Tuesday,  March 4, 2014 • Vol. 16--No. 231 • 8 of 38

Street project bids differ by $13, or is it $1,600 or is it $176,000

• The Groton City Council had a tough decision to make Monday in determining the low bid for the 2014 West Side Street Project. Attorneys Lon Gelhaus and Chad Locken were on hand to represent Hugh and Betsy Dahme of Dahme Construction.
• The bid opening was held last week with the Robert Johnson Construction companying coming in at 1,274,050.62 while Dahme Construction came in at 1,275,642.14, for  difference of $1,591.52. Then Clark Engineering went through the figures to verify the math. Robert Johnson Construction bid remained at $1,274,050.62 while the Dahme Construction bid came in at $1,450,020.04 for a difference of $175,969.42.
• A clerical error on the Dahme Construction was discovered. The blotting sand was bid at $1,100 per ton when it should have been $11 per ton. If corrected, that would have moved the Dahme Construction bid as the low bidder by $13, setting up an uncomfortable situation for Dahme Construction and their attorneys and the Groton City Council.
• City Attorney Drew Johnson said that the bidding law is to protect the municipality, not the bidder. "It's the taxpayer that you have to represent," he said.
• A 2001 Watertown court case was brought into the fold where the court ruled that a municipality may make changes where there is an obvious clerical mistake. "By law, you can make the change," Gelhaus said. "We're just asking you do the right and fair thing."
• Everyone had agreed that both companies, Robert Johnson Construction and Dahme Construction, were very reputable companies and that their work is outstanding. Drew Johnson said that the Watertown case resulted in a $43,000 savings to the taxpayers. "Here we're talking about $13," Johnson said. "It's not fair to Johnson Construction who had everything correct and then come back and take it away from them."
• "What is at question here is fairness," Gelhaus said, "and anyone can make a mistake. It is so blatantly noticeable on paper that it just jumps out and cries out for fairness and equity." Locken added, "You need to look at the lowest bid. You have already decided that both parties are responsible." "You are allowed relief from the mistake by the law." Gelhaus said, "and if you allow it, we (Dahme) would be the low bidder."
• A letter from the Clark Engineering firm was read and based on the numbers that were submitted, they recommended that the Robert Johnson Construction firm be

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