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3a Award Bid City Center CommonCITYOF CHAh E 7700 Market Boulevard PO Box 14~ Chanhassen. MN 55317 AdmlnlstraUon Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952.227.1170 Finance Phone: 952227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952227.1110 Recreation Centre' 2310 Coulter Boulevard Phone: 952.221.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax:. 952227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952227.1310 Senior Center Phone: 952227.1125 Fax:. 952227.1110 Web Site www. ci.chanhassen.rnn.us I~OtLA.~TJM FROM: Todd Gerhardt, City Manager Todd Hoffman, Director of Parks and Recreation DATE: March 5, 2003 SUB J: Award of Bid, City Center Commons Project On Friday, Febma~ 28'h, I opened sealed bids for the City Center Commons project. Justin Miller witnessed the opening and acted as recorder of the bid results. The attached spreadsh~t details the results of the sealed bid opening. LS Black Constructors, Inc. was the low bidder on the project. Please note that the second lowest bidder, American Liberty Construction, Inc. submitted a written document protesting consideration of the bid from L S Black on the grounds that they believed the bid to be defective. The City Attorney's office has found no validity in this claim and recommends approval of the low bidder. The bidding schedule included a base bid total; four Add Altea'nates and one Deduct Alternate. Add Alternate #1, the relocation of transformers, CATV and phone utilities was deleted from the bid schedule by addendum prior to the bid opening. The expectation that the contractors should deal directly with the utility companies on these items proved unwieldy. The City will need to negotiate these items independent of this contract. Acceptance of Deduct Alternate #1 deleting portions of the electrical work is not being recommended. This item was included to provide protection against scheduling conflicts with the library contractor. It has now been determined that the schedule for electrical improvements is no longer at issue. The low base bid of $637,423.13 is a competitive bid coming in approximately $165,000 below the architect's estimate. Extremely competitive pricing in the areas of concrete pavers and modular block wall made up the bulk of this price gap. Under these conditions, it is the recommendation of staff and the architect to accept Add Alternates g'2, g'3 and ga, in an mount totaling $32,323.36. · Add Alternate g'2 is priced at $1,719.25 allowing for sod in the boulevards along Kerber Boulevard and West 780` Street and the parking lot island. Add Alternate #3, priced at $8,395, allows for the installation of a curved monument sign near the intersection of Market Boulevard and West 780` Street. This sign would carry the official name of the commons arem The City of Chanhaesen · A growJpg community v,,Jth clean lakes, quality schools, a charming dovmtown, thriving businesses, winding trails, and beautiful parks. A gmat place to live, work. and play. Mr. Todd Gerhardt March 5, 2003 Page 2 · Add Alternate tg4, in the mount of $22,209.11, allows for the full planting schedule to be included in the project. Damon Farber and Associates has considerable experience working with L S Black Constructors, Inc. and is please~ to recommend them as the general contractor for the City Center Commons project. RECOMMENDATION It is recommended that the City Council award the City Center Commons project to L S Black Constrictors, Inc at a base bid amount of $637,423.13 and accept add alternates g2, #3 and g4 bringing the total award to $669,746.49. 03/05/2003 14:0§ ~12-332-093B ~ FARBER ASSOC PA~E 02 WedS, M~roh 05, 2O03 Todd Holfrn~, P~ks and R~ CIl~llme~ml, MN 55317 Thl~ ~ la t= inform you that ~e Iow bldd~or the Chan~ City Center Comrt#x~ alta Improvernent~ I$ LS Bleok CoI~, Ino. They are qualified, bonded ariel Inaured a~ required. Our firm's past ~ experience atlth L$ Blaok Cons~ucto~ Ino. ha~ ~ ~ ~. ~ h~ a ~~ ~ a p~ ~1 ~~ In ~ ~n C~ ~~ d~gs and ~n~ ~'~ ~ ~on ~ ~ ~ ~ C~n~n. We ~mm~d ~lng ~ ~ ~, ~ ~ ~ ~ ~e ~~ Damon Farber A~odates, Inc. rscom~lttetr apprtwal s,e fie general for Chan~ City Center Commons si~ Irnptgwemertta. I~ Manegor 253 Third Avemte South Min~i3, Mlms~o~r 55415 (612) $32-~22 fax (612) 03/05/2003 14:05 612-332-0~)36 I~ F~BEI~ ~ ~Au= e~ L.$ Black Con.tru~or., lac. Park & Site Project= prol~ Bloomln~ Park~ Gene O. Kelly Pla/field, va~ view I=~, Popla~ Bridge Piay~u~, aye I~ & ~uU~en Bloomington, MlnnllOll Minnehlltl Fille Park MinnMII;)olis, M~nnllo~ Peary Park Fqlza New Park, Nicx31et Miff Minneapcdl~, Minnesota Ecllfll Aquatic ~ Edina, IVllnnl~ota MN ~m VM. ran~ Ge~ Utlle Falls. Minnesota Cmrglll Gerporate Flae~ Minnetonkm, Minn~c,t~ Cloquet Illlrld Park · Diylon, Minnmelm mmv Mlnnltonka, Mtnne~3tl Norl~ MiiliJlippl Pi~k Mlnneapol~. Mnrmaota Park I. lyland Park afoomingtoa, MlnnMo~ ~ ~lU.,~ ~,~,~ Minrmmpoll~, Mlnne~3te Loualana Court St, Loul. Park, I~~ · rv~ 9f Gonatru~Jon ~ Impro, mn~nb ? $it~ Improvements Site Improvement~ 81e Impmvarnenta p~l< Renovmtion New Mlrlrm Park Renovmtlon Pm~ Rar~atian C, re.ti~ Pmmy ,~u'ma Strle~p~ Renovation Contraot Amount $1,900,000 $'l ,300,000 ,278,0O0 &?.4J,000 $12OO.0OO $1~).000 FEB. 28, 2003 5'05PM COLEMAN HULL & VAN V 'NO. 205 P, 2/3 Hunt &: VAN A PROPlL~SIONAL I~MIT~D LIABIM'~ PARTNERSHI~ ATTOP. N]/YS AT LAW mfrr~2ll0 ~m, ~ 5~7 841.oooz 841-oo41 Line.' (612) ~41-020! wdhull~chw, oom Febram'~ 28, 2003 0924 J.P,,. TORilN · AMO iDidti trod IN WI~CONIlN Mr. Damon Father, Esq. Damon Farb~r A~0cis~s 253 Th/rd Aveuue South Mi-neapolis, l~i-r~osota 55415 Mr. Todd Ho___t~_ ~ Parks and P,~i'eafion Director City of C~s~n 7700 Market Boulevard Chanh~em, Milmesota 55317 RE: Chanha~an Commons Bids Our firm repr~mta American Liberty C~on, Inc. Am~ican Liberty was one of tho bidders for the C'hanha~en City Center Commom project, ' The purpose of this letter is to protest the ~d=afion of the bid from L S Black Constmctom, Inc. on tho grounds that the bid was defective. The bid waa defective for lwo reasons. First, tho co~r failed to acinowleclgo tho quantilios and submit unit pr/cea for Items C sad D trader dte improvanents. Tho second irroguhrity is th~ the acknowledgmne~t of tho prindpal on the bid bond was not properly executed. Both of these defects render tho bid materially non-responsive. Thc omission of the quantities and ::_,,.it prices from Items 6 C and D (Site ,tmprovemmts) would ~llow thc bidder to contest the quantities at a later lime. The purpose of aclalowledging thc q-~tities is to =inure that that does not ha~en, All of the other bidders had to commit to specific quantities for Items C and D. By not having to do so, L S Black Constructor, Inc. had au ad~ over the other bidders. The failure to properly acknowledge tho bid bond is also a mat~al defect in the bid, Because the bid bond was not properly acknowledged, L Iii Black would not be' FEB. 28. 2003 5:05PM COLEMAN HULL &VAN . NO. 205 ~ Hoffm~ Februm-y :28, 2003 bo~:u/by tho bid bond. Th/s also g/yea L. S. Black Co~tors an advantage over the other bidders. If L S Bluck subsequently chose to withdraw its bid, it could do so without the risk of forfeitur~ of its bkl bond. For these reasons, Ama/can Liberty Construction, Inc. requests that the bkt of L S Bhak Conshuctom, ]a~c. be rejected as non-~ve and the contract awarded to the n=xt low bid~ler. IlL $ Black Comstruct~=~, hc.'s bid is not ~ected, ,~un~can Liberty is preparer to soak an injuncl/on a?!~. ~t the award of the contract to L S Black Pl~se let us know pwmptly whsZ tho city's decision is so that we can take Very truly yom's, ~~~AN~ ~H~, L & VAN VL]ET, PLLP '~am D. Hull WDH/j~e cc: Howard ~acobson