Resolution - #10-04-082A - 04/13/2010

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WHEREAS, the City Council has considered the option of rescinding the award to Gohman, rejecting all bids, and rebidding the project. The time required to rebid would, in the opinion of the City Engineer, cause the City to miss the June, 2010 deadline and forfeit the $365,000 grant. WHEREAS, the City Council has considered the option of rescinding the award to Gohman, rejecting Gohman's bid, and awarding contract A to Peterson. Regardless of the merits of the legal issues that would raise, the City Council finds that it would not be in the best interest of the City to take such a course of action. The City Engineer has opined that Gohman is a responsible contractor and, therefore, the City Council considers Gohman's base bid to reflect a realistic and fair price for the work. Peterson's base bid is over $400,000 higher than Gohman's Therefore, if the project were rebid, the City would anticipate bids more favorable than Peterson's present bid. WHEREAS, the City Council, in its discretion, finds it to be in the best interest of the public to minimize the risk that the grant money for this project will be lost. Therefore, the City Council finds it to be in the best interests of the public to rescind the award to Gohman, waive the informality or minor defects that the Gohman bid did not fill in the blank for the base -bid- plus -all- alternates and did not specify unit prices on alternates that are not being awarded, and re- award contract A to Gohman without the alternates that required unit prices. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1) That portion of Resolution #10 -03 -075 awarding contract A for Improvement Project 10 -23, East Meandering Commons Park, is hereby rescinded. 2) That the Mayor and City Administrator are hereby authorized and directed to enter into contract A with W. Gohman Construction Company for Improvement Project 10 -23, East Meandering Commons Park, including the base bid and Alternates K and N, in the amount of $2,138,913.05 ,and 3) That the City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids. The motion for the adoption of the foregoing resolution was duly seconded by Mayor Ramsey and upon vote being taken thereon, the following voted in favor thereof: Councilmember Elvig Councilmember McGlone Councilmember Look Councilmember Dehen and the following voted against the same: RESOLUTION #10 -04 -082 /9 Page 3 of 4