HomeMy WebLinkAbout8.a. Receive Bids and Award Contract - Steeple Center Activity Center Addition � ROSEMO[�NT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: October 7, 2014
AGENDA ITEM: Receive Bids and Award Contract— AGENDA SECTION:
Steeple Center Activity Center Addition Old Business
PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO.
Director �.Q.
ATTACHMENTS: Bid Tabulations and Resolution APPROVED BY:
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RECOMMENDED ACTION: Motion to adopt a resolution to allow CM Construction to
withdraw its bid, for staff to return the bid bond to CM Construction and that the base bid
and all twelve bid alternates be awarded to the new low bidder, Ebert Construction.
ISSUE
The City of Rosemount recently advertised for bid the construction of an Activity Center addition to the
Steeple Center.
Bids were received for the project on Thursday, September 4,2014, and were opened and read aloud.A
total of four bids were received. The bids were checked for mathematical accuracy and tabulated. The bid
tabulation sheet for this project is included in the packet. The low bid for the base bid and all twelve bid
alternates was submitted by QVI Construction Company Incorporated. Shortly after the bid opening, QVI
Construction contacted the City to let us l�ow they had made some mistakes on their bid and wanted to
withdraw their bid. Staff consulted with the City Attorney regarding this matter and the City Attorney
indicated that state law does allow for a bidder to withdraw their bid under certain circumstances that are
outlined in the attached resolution.
SUMMARY
Based on the infoxmation provided by the City Attorney, staff is recommending the City allow CM
Constnzction to withdraw its bid and for staff to return the bid bond to QVI Construction. Staff also
recommends that the base bid and all twelve bid altemates be awarded to the new low bidder,Ebert
Construction.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014—
A RESOLUTION RECEIVING BIDS, APPROVING WITHDRAWAL OF
THE LOW BID, AND AWARDING A CONTRACT FOR THE
ROSEMOUNT ACTIVITY CENTER CONSTRUCTION PROJECT
WHEREAS, the City Council of the City of Rosemount ordered the Advertisement for
Bids for the construction of the Rosemount Activity Center and bids were opened and
read aloud publicly on September 4, 2014; and
WHEREAS, the following bids were received:
Bidder Amount
CM Construction Company, Inc. $2,116,500.00
Ebert Construction $2,398,994.00
Black & Dew, LLC $2,471,200.00
Terra General Contractors $2,544,500.00
WHEREAS, by letter dated September 8, 2014, CM Construction notified the City
Engineer that it had made a mistake in its bid by inadvertently omitting approximately
$150,000.00 for certain project items in its bid; and
WHEREAS, due to the mistake, CM Construction requested that it be allowed to
withdraw its bid;
WHEREAS, the law allows a low bidder to withdraw its bid based on a mistake if: 1) the
mistake is material; 2) the mistaken bidder was not culpably negligent; 3) the bidder
gives prompt notice of the error to the City; and 4) the City has not suffered any damage
by relying on the bid other than the loss resulting from the bid mistake;
WHEREAS, the City Attorney has reviewed CM Construction's request for withdrawal
and has determined, in conjunction with discussions with staff and representatives of
CM Construction, that it meets the requirements that would relieve CM Construction of
its obligation to enter into a contract due to the mistake.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount,
Minnesota, as follows:
1. All bids for the construction of the Activity Center have been received and
tabulated.
2. For the reasons above, CM Construction's request to withdraw its low bid
is approved and staff is directed to return the bid bond to CM
Construction.
450708v1 MDT RS220-360
3. The bid from Ebert Construction in the amount of$2,398,994.00 is in
accordance with the plans and specifications and advertisement for bids
and is the lowest responsible and responsive bid and is accepted.
4. The Mayor and City Clerk are hereby authorized and directed to enter into
a contract, on behalf of the City of Rosemount, with Ebert Construction for
construction of the Rosemount Activity Center.
ADOPTED this 7th day of October, 2014
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
450708v1 MDT RS220-360