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HomeMy WebLinkAbout1992-080 CCR1 1 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1992 -B WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1990 -10, bids were received, opened, and tabulated by the City Engineer, on the 31st day of March, 1992. Said bids were as follows: Bidder Bid Amount S.M. Hentges Sons Brown Cris Arcon Construction C.S. McCrossan Construction Thomas Sons Construction Hardrives, Inc. Ryan Contracting Northdale Construction Barbarossa Sons RESOLUTION NO. 92 1,499,942.80 1,514,315.15 1,587,215.21 1,603,340.72 1,609,232.34 1,642,560.58 1,661,831.10 1,694,737.42 1,796,441.37 AND WHEREAS, the Director of Public Works has advised the City Council that the bid submitted by S.M. Hentges and Sons does not comply to the project specifications in that their bid includes a $120,000 bid price for mobilization and this amount represents approximately 8% of the total Base Bid amount, in variance with the special provisions which specify that the bid amount for this item shall not exceed 5% of the total Base Bid amount; and WHEREAS, Minnesota Department of Transportation Standard Specifications Section 2021.5(f), which is incorporated into the Contract Documents by reference, allows the City to withhold the amount bid for mobilization in excess of 5% until 95% or more of the original contract amount is earned; and WHEREAS, the Council has concluded that exercising its rights under said Section 2021.5(f) will assure that the irregularity of the bid of S.M. Hentges and Sons will not secure to S.M. Hentges and Sons a material advantage over other bidders; and WHEREAS, paragraph 15.1 of the instructions to bidders reserves to the City the right to waive informalities in bids; and WHEREAS, the Council has determined that it is in the best interest of the Project and of the City to waive the irregularity in the bid for mobilization of S.M. Hentges and Sons; and 1 1 RESOLUTION NO. 92 WHEREAS, the primary funding source for this project is the Municipal State Aid Street fund, and final approval of plans and specifications has not yet been received from the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The irregularity in the bid of S.M. Hentges and Sons, to wit: bidding an amount for mobilization in excess of 5% of the total base bid amount, is waived. ATTEST: 2. The City Manager is directed to withhold all amounts bid in excess of 5% of the total base bid until the work of the project is satisfactorily completed and approved and final payment therefor if made. 3. Subject to receipt of final approval of plans and specifications from the Minnesota Department of Transportation, the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of 1,499,942.80, with S.M. Hentges and Sons of Shakopee, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1990 -10 according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 4. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. April 13, 1992 Date Todd PaulscArr Mayor i Deputy Clerk Pa The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.