ALBURY Council has avoided a third meeting for the month when Cr Henk van de Ven back-tracked on a push to re-visit the decision to deal exclusively with Excell Gray Bruni for the next stage of the Wagga Road upgrade.
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He was absent when council voted 4-3 to baulk at awarding a tender to Mitchell Constructions despite its bid being $380,000 lower than Excell Gray Bruni, the other firm in contention for the $4.3 million project.
The alternative motion moved by Cr Darren Cameron instructed general manager Frank Zaknich to negotiate only with Excell Gray Bruni, which has indicated it can complete the job two months earlier than Mitchell Constructions.
Cr van de Ven attempted to debate the matter on Monday night and on Tuesday lodged a rescission motion to be heard at an extraordinary meeting before Christmas before withdrawing the requests later in the day.
He said he was satisfied with steps to be taken by Mr Zaknich including holding discussions with Mitchell Constructions in addition to Excell Gray Bruni.
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"He has the authority now to award the contract, but he will come back to us for direction after speaking with both tenderers," Cr van de Ven said.
"It is still up in the air as to what will eventually happen, but at least my concerns around the fact that council chose only to deal with the highest tenderer to get his price down rather than also with the lowest tenderer to get his timeframe down.
"If the matter gets resolved because of this process I will be vindicated.
"In any pub test when you say this is what has happened here, they would say it was unfair.
"He is having discussions (with Mitchell Constructions), he is not having any negotiations.
"He is finding out what the capacity of Mitchell Constructions is to alleviate councillor concerns around the timeframe."
Mr Zaknich said: "Negotiations are continuing with the nominated contractor Excell Gray Bruni, in line with a resolution by council on December 9.
"We look forward to progressing those arrangements in due course."
If the extraordinary meeting had proceeded with a full contingent of councillors present, mayor Kevin Mack's casting vote may have been required to resolve the matter.
Cr Murray King declared a conflict of interest at the December 9 meeting.
Cr Cameron said he was satisfied with the path forward.
"I just want to see the best outcome for the city," he said.
Excell Gray Bruni was also awarded the contract to build the next stage of the Kerr Road upgrade in Thurgoona and Mitchell Constructions previously did work of this kind for council in Dean Street in 2017.
In 2016, Cr van de Ven instigated a mid-December extraordinary meeting in a bid to overturn awarding an airport security contract to a company not recommended by staff and more expensive than the successful bidder.
He was defeated 5-4.