City Council - 09/30/1980 '4 of
SPECIAL MEETING
EDETT PRAIRIE CITY COUNCIL
TUESDAY, SEPTEI.3ER 30, 1980 7:30 P.M. , CITY HALL
COUNCIL MEMBERS PRESE'f.JT: Mayor Wolfgang Penzel, Dean Edstrom, Dare Osterholt,
Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger
Pauly; Director of Community Services Bob Lambert;
and Carrie Tietz, Recording Secretary (substitute
for Joyce Provo)
The meeting was called to order by mayor Penzel at 7:35 P.1 -
I. APPROVAL OF'AGENDA AND OTHER ITEMS OF BUSDIESS
Add to Agenda: II.D. Chicago Northwestern Railraod Crossing at County
Road - Ulstad
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MOTION: Redpath moved that the Agenda be approved as published with the
addition. The motion was seconded by Osterholt and carried unanimously.
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II. REPORT OF CITY ENGINEER
A. Consider bids for I.C. 51-386 sewer and water laterals for six lots
abutting T.H. 101 north of Valley View Road Resolution No. 0-191
MOTION: Osterholt moved to adopt, Resolution No. R80-191 to accept
the bid of F. F. Jedlecki, Inc. , in the amount of $34,896.00 for g
I.C. 51-386. Edstrom seconded the motion and it carried unanimously.
B. Consider bids for I.G. 51-383 Rymarland Camp 2nd Addition - sanitary
sewer storm sewer, watermain and street im rovements Resolution No.
0-192
MOTION: Redpath moved to adopt Resolution No. R80-192 to accept the
bid of Brown & Cris, Inc. , in the amount of $263,824.30, for
I.C. 51-383. Osterholt seconded the motion and it carried unanimously.
C. Plat correction certificate - High Point
NOTION: Pauly moved to approve the Certificate of Correction to the
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plat of High Point. Osterholt seconded the motion and it carried
unanimously.
D. Chicago Northwestern Railroad Crossing at County Road 4
Ulstad spoke to the Council on the City Attorneys recommendation to
construct appropriate signs at the railroad crossing on County Road 4.
MOTION: Redpath moved to approve that the City construct appropriate
signs at the railroad crossing on County Road 4 per recommendation by-
the City Attorney. Osterholt seconded the motion and it carried I
unanimously.
SPECIAL bMETING - CITY COUNCIL -2- 30 September , 1980
III. REPORT OF DIRECTOR OF COMHTJNITY SERVICES
A. Resolution No. 80-189, regarding construction of bicycle trail on
County Road 1
MOTION: Redpath moved to approve Resolution No. 80-189 to construct
an eight foot asphalt bikeway on the north side of County Road 1 from
Highway 169 westerly to connect to the existing bikeway at the time
the property in that location is developed. Pauly seconded the motion
and it carried unanimously.
B. Consider bids for Eden Prairie Community Center
Mas Matsumoto of Smiley Glotter Associates read through the apparent
low bidders as a result of the bid opening September 25, 1980.
They are as follows:
1 . General Construction - Magney Construction Co. - $19653,000
2. Mechanical Work - Consolidated Plumbing, Heating
& Cooling Company — 485e800
3. Electrical Work - Weaver Electric Co. - 2109494
4. Ice Rink System - Holmsten Ice Rink, Inc. - 238,110
$2,587.404
,._ Matsumoto told the Council that approximately one hour after the bid
opening, a call came into his office from Mr. Jim Rohr of Consolidated
Plumbing, Heating & Cooling Company, asking that their bid be withdrawn .
due to an error in his bid.
The second apparent low mechanical bid, at $531 ,350, is Rainbow
Mechanical, Inc. , of Hamel, b1N. Matsumoto explained that this bid
would change the total from $2,587,404 to $2,632,954. Smiley Glotter
Associates' recommendation to the City is to accept the four apparent
low bidders and reject the other bids.
Lambert summarized his memo of Kay 29, 1980 wherein Staff recommended
paying for the excess costs of the Community Center from the following
sources:
a) $140,000 useable interest accrued for this project from
the bond referendum funds;
b) $311 .000 from the Metro Council when they purchase Anderson
Lake and Bryant Lake Parks; and
c) $295,000 LAWCON funds for 1981.
Lambert pointed out that Staff recommends taking a combination of these
three sources to cover the excess costs of the Center.
Osterholt pointed out that he would like to see more levy money used
for this project and that the Metro Park money should be used for park
purposes and not for the Community Center.
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SPECIAL i 1ING — CITY COUNICIL —3— 30 September, 198o
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Edstrom asked the architect to give words on the competence, if known,
of the apparent low bidders. Matsumoto said he has not worked with
Magney Construction before, but has not heard any negative reports on
them. Matsumoto said that his engineer, Joe Dalejs, speaks highly of
the other three contractors and also has no reservations about Rainbow
Mechanical, the second apparent low mechanical bid.
Osterholt mentioned a concern he has heard from other ice rink operations
that mechanical problems can occur after the project is complete. In. lieu
of this, what kind of guarantees are there on an ice system? He further
E asked if certain problems might be avoided through pressure testing, for
example? Matsumoto said that if the City has a specific concern about
guarantees he or Dolejs can check on it. He cited his experience working
j on the St. Louis Park ice system and knows of no problems there since the
` installation phase.
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At this point Richard T. Kavaney, Attorney for Consolidated Plumbing,
` stated the situation causing his client to request withdrawal of their
bid.
Kavaney stated that the $63,000 error was clerical in nature. The
$63,000 price for temperature control was entered on his clients recap
sheet but it was not entered on the adding machine tape thus showing
the final total to be $63,000 low. He also stated that Consolidated
i called Smiley Glotter right away after detecting the error and followed
up with a letter to the architect and the City.
Kavaney said he is asking that his client , Consolidated Plumbing, be
allowed to withdraw their bid and that the bid bond be returned.
At this point City Attorney Roger Pauly reviewed past cases in Minnesota
similar to this one, and recommends the City release Consolidated Plumbing
from their bid and the bond be returned. Mr. Pauly concurred with
Mr. Kavaney that Consolidated Plumbing did notify the architect
approximately one hour after the bids were opened, and they were not
grossly negligent as this was a case of an unintentional clerical error.
Osterholt asked if rebidding the mechanical is in order under the
circumstances. Matsumoto said taking the second apparent low bid is
a fair solution in 'his opinion.
Steve Craig of Central Pool Supply, a bidder on the Center, expressed
the opinion there were inconsistencies in the specifications with regard
to the gutter systems. He said as a mechanical contractor there was
confusion as to how to bid due to the inconsistencies (he spedifically
cited Alternate A-4).
Matsumoto regretted that his engineer Joe Doje3s;, could not be present
C to address-this issue. He pointed out that gutters other than the basic
ones in the specifications, were bid as either "add" or "deduct" so
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SPECIAL i,�'PTING — CITY COMICIL 30 September, 1980
if there were differences in systems, the bidder could bid as he saw
fit. Matsumoto said, however, if there is a question, he would be
happy to review it with his staff and give their judgement.
Pauly asked the Consolidated Plumbing people present if they felt
there was confusion on this issue. The response was no.
MOTION: Osterholt moved that the bids for the Eden Prairie Community
Center be awarded to the apparent low bidders with the exception of
mechanical which will go to the second apparent low bidder, Rainbow
Mechanical, and that Consolidated Plumbing & Heating be released
from the bid bond. Edstrom seconded the motion and it carried with
all members of the Council voting in favor of the motion.
XOTION: Edstrom moved that the City issue a letter of intent to
allow contractors to begin work immediately rather than wait until
contracts are awarded. Redpath seconded the motion and it carried
unanimously.
Penzel asked how Staff felt about the City buying the building materials
itself to save the 4f sales tax. Ulstad said he did not feel it was
worth it. He said he does not feel the City has anyone on the staff
expert enough to purchase the materials and he foresees inventory and
storage problems.
Redpath moved to adjourn the meeting at 8:20 P.M.
Respectfully submitted,
Carrie Tietz
Recording Secretary
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