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Resolution - 13-11 - Accepting Bid for Shoreline Dr. Project• CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 13-11 ACCEPTING BID' WHEREAS, pursuant to an advertisement for bids for the Spring Park street light improvement project bids were received, opened, and tabulated according to the law, and the following bids (tabulation attached) were received complying with the advertisement: AND WHEREAS, it appears that Granite Ledge Electrical Contractors of Foreston, MN is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SPRING PARK, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached • contract with Granite Ledge of Foreston, MN in the name of the city of Spring Park for the street light improvement project according to the plans and specifications therefore approved by the city council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the city council this 4th day of March, 2013.4 City Clerk 0 -------------------------- -------------------------------------------------- END OF FORM The contract must be let within one year of the adoption of the resolution ordering the improvement unless that resolution specified a different time limit. (Minn. Stat. § 429.041, subd. 1.) 2 The council has wide discretion in determining responsibility of bidders. (State v. Snively, 175 Minn. 379, 211 N.W. 535 (1928); Otter Tail Power Co. v. Elbow Lake, 234 Minn. 419, 49 N.W.2d 197 (1951)). The statute formerly requiring more than one bid has been repealed (see Laws 1959, Ch. 261). In any event, it never did apply where the contractor was to furnish both labor and materials. (Otter Tail Power Co. v. Elbow Lake, supra.) If council is using the best value contracting procurement method (Laws 2007, Ch. 148, Art. 3), this form would be adjusted to indicate the best value rather than the lowest responsible bidder. 3 The law permits the contract to be awarded to the next lowest bidder in case the lowest bidder fails to enter into a contract. For this reason it seems desirable to retain the deposit not only of the lowest bidder but also of the next lowest, until a contract has been entered into. ° The council does not have to award the contract at the time of opening and/or initial consideration of bids provided council reserves this right in the advertisement for bids. • 0 C CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 13 - 11 A RESOLUTION ACCEPTING BID FOR THE SHORELINE DRIVE STREETLIGHT REPLACEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the Shoreline Drive Streetlight Replacement Project (the "Project"), bids were received, opened, and tabulated according to the law, and the following bids were received complying with the advertisement: and Contractor Granite Ledge Electrical Contractors, Inc. Killmer Electric Egan Company Muska Electric Option 1 Qption 2 Qption 3 $265,330.00 $327,115.00 $367,677.50 $277,308.09 $382,955.09 $381,292.05 $278,295.00 $383,445.00 $381,995.00 $300,785.00 $427,735.00 $424,115.00 WHEREAS, the plans and specifications for the Project provide for three different streetlight options and reserved to the City the right to exclude items from the Project after reviewing . proposed project costs; and WHEREAS, after reviewing the bids and proposed project costs, the City Council has chosen Option 1 as the streetlight option; and WHEREAS, after reviewing the bids and proposed project costs, the City Council has determined to exclude Item(s) 22: banner poles from the Project; and WHEREAS, after the opening of the bids, Granite Ledge Electrical Contractors, Inc. notified the City that its bid for Option 2 contained an error and that it would not enter into a contract for Option 2 if it was awarded the contract; and WHEREAS, it appears that Granite Ledge Electrical, Inc. of Foreston, MN is the lowest responsible bidder; and WHEREAS, it appears that Killmer Electric is the next lowest responsible bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SPRING PARK, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Granite Ledge Electrical Contractors, Inc. of Foreston, MN in the name of the City of Spring • Park for the Shoreline Drive Streetlight Replacement Project according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk Resolution 13-11 and with the streetlight option and Item exclusions as set forth in this Resolution 13-11. 2. In the event that Granite Ledge Electrical Contractors, Inc. fails to enter into a contract with the City of Spring Park for the Shoreline Drive Streetlight Replacement Project within 10 days, the Mayor and City Clerk are hereby authorized and directed to enter into a contract for the Shoreline Drive Streetlight Replacement Project according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk and with the streetlight option and Item exclusions as set forth in this Resolution 13-1lwith the next lowest responsible bidder: Killmer Electric. 3. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 4th day of March, 2013. Attest: endy win, City Clerk • a�7� AZ!-�2 17&17ag�- arr Reinhardt, Mayov Resolution 13-11