08/19/1985 - City Council RegularMEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
• DATE: AUGUST 19, 1985
SUBJECT: ADDITIONAL ITEMS FOR AUGUST 20, 1985,
CITY COUNCIL MEETING
OLD BUSINESS:
B. IDB Entitlement
City of Savage, that
funding. However, th
have submitted requests
ively.
NEW BUSINESS:
Funding --After further discussion with the
City no longer has a need for entitlement
e City of Wilmar and the City of Roseville
for $2.25 million and $4.9 million, respect -
F. Preliminary Plat/Rezoning for Lemay Lake Hills --A letter was
received Friday from a homeowner interested in this project. That
letter is referenced as page 121A.
H. Hong Wong Restaurant --The application for a wine and beer
license for Hong Wong Restaurant was inadvertantly left out of the
City Council packet on Friday. Enclosed without page number is a
copy of that application for your reference.
• ADDITIONAL INFORMATION:
A. Contract 85-5/Award Contract/Cedar Industrial Park --Due to
significant changes in the nature of this item, please replace
page 140 of the Council packet with -the new information attached
and referenced as page 140. Page 139, dealing with another
subject has also been rerun for your convenience. Please discard
the page 139-140 that is presently in your packet and replace it
with the attached page 139-140.
INFORMATIVE
Beerman Services (Fall Clean -Up) --Mayor Blomquist and the City
Administrator discussed the fall clean-up letter from Beerman Ser-
vices found on page 148 of the Informative Memo and as a result, a
number of questions were raised regarding the proposal. Those
questions relate to cost to the City, residents, general operation
and etc. The City Administrator contacted Bernie Beerman and to
coordinate a fall clean-up, the City is responsible for a site
location, advertisement and a $50 set up cost. Residents will be
charged a small fee for all recyclables and a sliding scale fee
for debris such as brush, lumber, furniture and other non -garbage
items. Bernie will allow the City to call the clean up a City of
•Eagan Fall Clean Up and stress the recycling as a major emphasis
for the fall clean up day. If the City Council would like to
proceed, the clean up could be any time during the month of
September of October, preferably on a Saturday.
RECE!VEC SUE 1, ; Y285
H. J. Wachtler
1340 Towerview Road
•
St. Paul, Minnesota 55121
Dale Runkle Aug. 16,1985
City Planner
Sir:
I live on the south side of the proposed LeMay Lake Develop -
meat. The drawing I have seen puts the road alignment directly
with my home. I am very concerned about losing my privacy, es—
pecially with the 6 degree grade of the proposed road coming on
• to Towerview .
0
I would like to see the new road enter Towerveew as close
to Pilot Knob (toad as possible to lessen the impact on the
neighborhood. Please consider this if you will.
Sincerely,
Agenda Information Memo
August 20, 1985, City Council Meeting
Page Tweinty-nine
LA FONDA DE ACEBO LIQUOR LICENSE
J. La Fonda De Acebo Liquor License -- During the spring of
1985, La Fonda de Acebo Restaurant was informed by the City of
Eagan that a resident manager was required to hold the liquor
license due to the fact La Fonda de Acebo is an out-of-state
corporation. Mr. James Geoglerius was hired and designated as
the manager of the restaurant and the license application was
granted by the City. The City has been notified by Mr.
Geoglerius that he was terminated as the instate/resident manager
late in the month of July. The City Administrator sent a
certified letter to La Fonda de Acebo advising the corporation
that a new manager must be appointed and approved by the City
Council according to Minnesota statutes and applicable Eagan
liquor ordinances. The City has received an application from
Richard Spear, a resident of Bloomington, who is now the resident
manager for the La Fonda de Acebo Restaurant. A copy of Mr.
Spear's personal information is enclosed without page number for
each City Councilmember to review. The Police Department has
performed a check on the new applicant and finds no reason to
recommend denial of the licence.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
granting a liquor license to La Fonda de Acebo with Mr. Richard
Spear as the instate resident manager.
Agenda Information Memo
August 20, 1985, City Council Meeting
Page Thirty
EADDITIONALOITEMS
RECEIVE BIDS/AWARD CONTRACT/CEDAR INDUSTRIAL PARK
A. Contract 85-5, Receive Bids/Award Contract (Cedar Industrial
Park - Trunk Storm Sewer) --Page 140 of the Council Packet presented
information for consideration of award of contract for the trunk
storm sewer through the Cedar Industrial Park. That recommendation
incorrectly stated that the alternate bid was for consideration
of open cutting the railroad crossing when in fact the alternate
bid was for jacking underneath the railroad tracks.
However, the City has received objections from the second low
bidder pertaining to irregularities in the preparation of the
proposal submitted by the apparent low bidder, ARI Contracting.
Pages10A through /L40 Edescribe the irregularity and the position
of the two low bidders. Additional consideration has been requested
by the fourth low bidder, L & G Rehbein, who has indicated that
if the apparent low bidder is disqualified and the alternate
bid is approved, they would then become the lot, bidder. Before
staff can recommend whether to award the alternate with the base
bid, it is necessary to determine the costs associated with open
cutting the storm sewer crossing of the railroad tracks. A request
for the related costs has not yet been responded to by the railroad
company to provide the proper cost effective evaluation. It •
is anticipated that this information will be available by the
August 20 Council meeting.
In addition, the City has not yet received executed easements
for the installation of this storm sewer from two property owners.
The City has not received any indication that there will be problem
in the final acquisition of these easements. However, the
processing, execution and return of these easement documents
have not yet been completed.
In light of all the issues discussed previously, the Public Works
Director, consulting engineer, and City Attorney are recommending
that the Council reject all bids as submitted and order the read-
vertisement. This is based on the fact that it is anticipated
that an injunction would be submitted by one or the other dissat-
isfied bidders regardless of who Council awarded the contract
to.
ACTION TO BE CONSIDERED ON THIS ITEM: To reject all bids received
for Contract 85-5 (Cedar Industrial Park - Trunk Storm Sewer
& Streets) and authorize the readvertisement with the bid opening
scheduled to be held at 10:30 a.m. on Tuesday, September 24,
1985.
11
z
•
4m&*4-4 &
13 W. It A #'9'A"
A.J,, M, 55113
..•612.636.4600
August 15, 1985
Mr. Paul Hauge
3908 Sibley Memorial Highway
Eagan, MN 55122
Re: Cedar Industrial Park
Storm Sewer Improvements
Project No. 428
City Contract No. 85-5
File No. 49338
Dear Mr. Hauge:
Ync.
Gk.. R. Coot. P.E.
Knrt A. G.Wm P.E.
7tomw E. N.M. P.E.
Rkh.rd W. F"m P.E.
Rohs G. P.E.
M.r.r. L. SWWtr. P.E.
D.l;W C. tivgmdr, P.E.
Jary A. BouNuw. P.E.
M.rA A. Nnuon, P.E.
7N K. Pnm. P.E.
MkM 7. R..rm.R.. P.E.
R.Pnr R. P/plrrk, P.E
D. -W O. Lorton, P.E.
CAM. A. Eitirow
LW M. P.wr4AJ
NurWn M. 04on
Bids on the subject project were received by the City of Eagan last week.
During review of the bids a difference between the written unit price and
the numbered unit price was noted on one proposal item from A.R.I. Contract-
ing. Upon further review and additional two items were noted to have the
same error.
Since the bid opening, we have received letters from A.R.I. Contracting and
Barbarossa and Sons, Inc, concerning these errors. Attached are copies of
the letters. In addition we have checked all bids and prepared the attached
bid tabulation on the five low bidders. In preparing the tabulation, we
included the bid from A.R.I. Contracting using the numbered unit prices.
The items in which errors were made are highlighted on the attached copy
of A.R.I. Contracting bid.
At this time, we request that you review the attached documents and give
the City your opinion concerning the award of this contract. In addition
to A.R.I.'s proposal we have attached a copy of Barbarossa and Sons, Inc.
bid for your review. Attached also is a copy of the project specifications.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
4��
Thomaa E. Angus
TEA:sas
Encl.
• cc: Rich Hefti
A.R.I. Contracting
Barbarossa and Sons, Inc.
ll7'�/loA
•i
Orr. P.E.
p
Ruhn W.. Roknr, P.E
ft., AC
JuuPA C. A.&HIA, P.E.
huWrN A. IAmhr.. P, E.
Retold E lunrr. P.E.
J.mn C. 04ow. P.E
Gk.. R. Coot. P.E.
Knrt A. G.Wm P.E.
7tomw E. N.M. P.E.
Rkh.rd W. F"m P.E.
Rohs G. P.E.
M.r.r. L. SWWtr. P.E.
D.l;W C. tivgmdr, P.E.
Jary A. BouNuw. P.E.
M.rA A. Nnuon, P.E.
7N K. Pnm. P.E.
MkM 7. R..rm.R.. P.E.
R.Pnr R. P/plrrk, P.E
D. -W O. Lorton, P.E.
CAM. A. Eitirow
LW M. P.wr4AJ
NurWn M. 04on
Bids on the subject project were received by the City of Eagan last week.
During review of the bids a difference between the written unit price and
the numbered unit price was noted on one proposal item from A.R.I. Contract-
ing. Upon further review and additional two items were noted to have the
same error.
Since the bid opening, we have received letters from A.R.I. Contracting and
Barbarossa and Sons, Inc, concerning these errors. Attached are copies of
the letters. In addition we have checked all bids and prepared the attached
bid tabulation on the five low bidders. In preparing the tabulation, we
included the bid from A.R.I. Contracting using the numbered unit prices.
The items in which errors were made are highlighted on the attached copy
of A.R.I. Contracting bid.
At this time, we request that you review the attached documents and give
the City your opinion concerning the award of this contract. In addition
to A.R.I.'s proposal we have attached a copy of Barbarossa and Sons, Inc.
bid for your review. Attached also is a copy of the project specifications.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
4��
Thomaa E. Angus
TEA:sas
Encl.
• cc: Rich Hefti
A.R.I. Contracting
Barbarossa and Sons, Inc.
ll7'�/loA
•i
/� P.O. BOX 367
BARBAROSSA AND SONS, INC. OSSE06,12145-446A55369
GENERAL CONTRACTORS
August 12, 1985
Mr. Robert W. Rosene, P.E.
Bonestroo, Rosene, Anderlik 6 Associates, Inc.
2335 West Trunk Highway 36
St. Paul, MN 55113
Don Lind Blasting
Division Barbarossa and Sons, I*
P.O. Box 324
Berlin, Wisconsin 54923
414-361-4828
RE: Cedar Industrial Park Storm Sewer and Street Improvement
City of Eagan
Contract #85-5
Project No. 428
Dear Mr. Rosene:
I received today a copy of a letter sent to Mark Hanson by Robert J. Huber
of Fabyanske, Svoboda and Westra regarding A.R.I.'s bid on the above refereno,
project, and wish to outline our feelings on this matter..
It has always been our understanding that when a discrepancy exists between
a unit price and an extension on a unit price proposal, the unit price governs.
When a discrepancy exists between a written unit and a numbered unit, the
written unit governs, which is obviously the purpose for writing in each
unit in long hand. Mr. Huber refers to "inadvertently filled in, obvious
mistake, and minor irregularity", but the fact is A.R.I. is not the low bidder
on this project based on the bidding precedents our industry has established
which protects all parties involved with unit price contracts. If A.R.I.'s
numbered unit was allowed on this contract, a contractor on the next bid
could fill in two different prices for the numbered and written unit for
a bid item and, using this situation as a precedent, after the bid use whichever
unit price he wished. To deviate from established bidding procedures is
only going to create problems for contractors, engineers and owners alike
in the future.
A.R.I.'s bid should not be rejected, but should be tabulated according to
their written unit prices, just as the other bids are, and the contractor
a/ 1
0
with the lowest total should be awarded the project assuming it is affordable
for the owner.
I am concerned about this situation, not only because Barbarossa is the low
bidder on this project (assuming the bids check out), but also because of
the potential problems a deviation like this will create on future bids.
After all parties have had a chance to review this matter, I would appreciate
knowing the decision.
Very truly yours,
BARBAROSSA AND SONS, INC.
Robert R. Barbarossa
President
cc: Robert Huber
Fabyanske, Svoboda and Westra
•
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BY MESSENGER
FABYANSKEI SV080DA AND WESTRA
A PROFESSIONAL ASSOCIATION
1000 MINNESOTA MUTUAL LIFE CENTER
400 NORTH ROBERT STREET
SAINT PAUL, MINNESOTA 55101
August 9, 1985
1.
Mr. Mark Hanson
Bonestroo, Rosen, Anderlik
S Associates
2335 West Trunk Highway 36
St. Paul, MN 55113
Re: Cedar
r
Dear Mr. Hanson:
is
I.
to
as
reet
t
•
TELEPHONE
612-226-0115
TELECOPIER
612-226-0734
I am writing to notify you in writing of the mistake in
A.R.I.'s bid on this project. You spoke with Kaz Betley about •
the mistake on Friday, August 91 shortly after the bids were
opened, and we spoke on Friday afternoon. I .
Mr. Betley filled in A.R.I.'s unit price for the 544 .
c.y. of "common excavation for ditch' as 0$3.00• per yard and
extended that price to •$1,632.00' on the bid proposal[ When.
filling in the space in which the unit price was to be written
in prose, however, he inadvertently filled in 00ne.Thousand Six
Hundred'Thir'ty=Two Dollars and -- Cents', which is the extended
Price rather than the unit price. The mistake is obvious on its
face.
A.R.I. has asked me to write to confirm that•$3.00q s-
its unit price for ditch excavation. Its inadvertance in
filling in the extended price rather than the unit price cannot
be doubted,. particularly when you view it in conjunction with
the unit price and extended price lines that A.R.I. filled in
properly and when you compare the unit prices of other bidders.
Such a minor irregularity.is not a sufficient reason for
rejecting A.R.I.'s bid.
•
•
F_I
L
� � Y
Mr. Mark Hanson
Page Two
August 9, 1985
I am -writing, therefore, to ask you to waive the
irregularity in A.R.I.'s bid. Please call if you have any
questions. I
RJH/bhl
cc: Dale Lamppa
Dan Lamppa
Robert Barbarossa
c P ber
T
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
• DATE: AUGUST 19, 1985
SUBJECT: ADDITIONAL ITEMS FOR AUGUST 20, 1985,
CITY COUNCIL MEETING
OLD BUSINESS:
B. IDB Entitlement
City of Savage, that
funding. However, th
have submitted requests
ively.
NEW BUSINESS:
Funding --After further discussion with the
City no longer has a need for entitlement
e City of Wilmar and the City of Roseville
for $2.25 million and $4.9 million, respect -
F. Preliminary Plat/Rezoning for Lemay Lake Hills --A letter was
received Friday from a homeowner interested in this project. That
letter is referenced as page 121A.
H. Hong Wong Restaurant --The application for a wine and beer
license for Hong Wong Restaurant was inadvertantly left out of the
City Council packet on Friday. Enclosed without page number is a
copy of that application for your reference.
• ADDITIONAL INFORMATION:
A. Contract 85-5/Award Contract/Cedar Industrial Park --Due to
significant changes in the nature of this item, please replace
page 140 of the Council packet with -the new information attached
and referenced as page 140. Page 139, dealing with another
subject has also been rerun for your convenience. Please discard
the page 139-140 that is presently in your packet and replace it
with the attached page 139-140.
INFORMATIVE
Beerman Services (Fall Clean -Up) --Mayor Blomquist and the City
Administrator discussed the fall clean-up letter from Beerman Ser-
vices found on page 148 of the Informative Memo and as a result, a
number of questions were raised regarding the proposal. Those
questions relate to cost to the City, residents, general operation
and etc. The City Administrator contacted Bernie Beerman and to
coordinate a fall clean-up, the City is responsible for a site
location, advertisement and a $50 set up cost. Residents will be
charged a small fee for all recyclables and a sliding scale fee
for debris such as brush, lumber, furniture and other non -garbage
items. Bernie will allow the City to call the clean up a City of
•Eagan Fall Clean Up and stress the recycling as a major emphasis
for the fall clean up day. If the City Council would like to
proceed, the clean up could be any time during the month of
September of October, preferably on a Saturday.
RECE!VEC SUE 1, ; Y285
H. J. Wachtler
1340 Towerview Road
•
St. Paul, Minnesota 55121
Dale Runkle Aug. 16,1985
City Planner
Sir:
I live on the south side of the proposed LeMay Lake Develop -
meat. The drawing I have seen puts the road alignment directly
with my home. I am very concerned about losing my privacy, es—
pecially with the 6 degree grade of the proposed road coming on
• to Towerview .
0
I would like to see the new road enter Towerveew as close
to Pilot Knob (toad as possible to lessen the impact on the
neighborhood. Please consider this if you will.
Sincerely,
Agenda Information Memo
August 20, 1985, City Council Meeting
Page Tweinty-nine
LA FONDA DE ACEBO LIQUOR LICENSE
J. La Fonda De Acebo Liquor License -- During the spring of
1985, La Fonda de Acebo Restaurant was informed by the City of
Eagan that a resident manager was required to hold the liquor
license due to the fact La Fonda de Acebo is an out-of-state
corporation. Mr. James Geoglerius was hired and designated as
the manager of the restaurant and the license application was
granted by the City. The City has been notified by Mr.
Geoglerius that he was terminated as the instate/resident manager
late in the month of July. The City Administrator sent a
certified letter to La Fonda de Acebo advising the corporation
that a new manager must be appointed and approved by the City
Council according to Minnesota statutes and applicable Eagan
liquor ordinances. The City has received an application from
Richard Spear, a resident of Bloomington, who is now the resident
manager for the La Fonda de Acebo Restaurant. A copy of Mr.
Spear's personal information is enclosed without page number for
each City Councilmember to review. The Police Department has
performed a check on the new applicant and finds no reason to
recommend denial of the licence.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
granting a liquor license to La Fonda de Acebo with Mr. Richard
Spear as the instate resident manager.
Agenda Information Memo
August 20, 1985, City Council Meeting
Page Thirty
EADDITIONALOITEMS
RECEIVE BIDS/AWARD CONTRACT/CEDAR INDUSTRIAL PARK
A. Contract 85-5, Receive Bids/Award Contract (Cedar Industrial
Park - Trunk Storm Sewer) --Page 140 of the Council Packet presented
information for consideration of award of contract for the trunk
storm sewer through the Cedar Industrial Park. That recommendation
incorrectly stated that the alternate bid was for consideration
of open cutting the railroad crossing when in fact the alternate
bid was for jacking underneath the railroad tracks.
However, the City has received objections from the second low
bidder pertaining to irregularities in the preparation of the
proposal submitted by the apparent low bidder, ARI Contracting.
Pages10A through /L40 Edescribe the irregularity and the position
of the two low bidders. Additional consideration has been requested
by the fourth low bidder, L & G Rehbein, who has indicated that
if the apparent low bidder is disqualified and the alternate
bid is approved, they would then become the lot, bidder. Before
staff can recommend whether to award the alternate with the base
bid, it is necessary to determine the costs associated with open
cutting the storm sewer crossing of the railroad tracks. A request
for the related costs has not yet been responded to by the railroad
company to provide the proper cost effective evaluation. It •
is anticipated that this information will be available by the
August 20 Council meeting.
In addition, the City has not yet received executed easements
for the installation of this storm sewer from two property owners.
The City has not received any indication that there will be problem
in the final acquisition of these easements. However, the
processing, execution and return of these easement documents
have not yet been completed.
In light of all the issues discussed previously, the Public Works
Director, consulting engineer, and City Attorney are recommending
that the Council reject all bids as submitted and order the read-
vertisement. This is based on the fact that it is anticipated
that an injunction would be submitted by one or the other dissat-
isfied bidders regardless of who Council awarded the contract
to.
ACTION TO BE CONSIDERED ON THIS ITEM: To reject all bids received
for Contract 85-5 (Cedar Industrial Park - Trunk Storm Sewer
& Streets) and authorize the readvertisement with the bid opening
scheduled to be held at 10:30 a.m. on Tuesday, September 24,
1985.
11
z
•
4m&*4-4 &
13 W. It A #'9'A"
A.J,, M, 55113
..•612.636.4600
August 15, 1985
Mr. Paul Hauge
3908 Sibley Memorial Highway
Eagan, MN 55122
Re: Cedar Industrial Park
Storm Sewer Improvements
Project No. 428
City Contract No. 85-5
File No. 49338
Dear Mr. Hauge:
Ync.
Gk.. R. Coot. P.E.
Knrt A. G.Wm P.E.
7tomw E. N.M. P.E.
Rkh.rd W. F"m P.E.
Rohs G. P.E.
M.r.r. L. SWWtr. P.E.
D.l;W C. tivgmdr, P.E.
Jary A. BouNuw. P.E.
M.rA A. Nnuon, P.E.
7N K. Pnm. P.E.
MkM 7. R..rm.R.. P.E.
R.Pnr R. P/plrrk, P.E
D. -W O. Lorton, P.E.
CAM. A. Eitirow
LW M. P.wr4AJ
NurWn M. 04on
Bids on the subject project were received by the City of Eagan last week.
During review of the bids a difference between the written unit price and
the numbered unit price was noted on one proposal item from A.R.I. Contract-
ing. Upon further review and additional two items were noted to have the
same error.
Since the bid opening, we have received letters from A.R.I. Contracting and
Barbarossa and Sons, Inc, concerning these errors. Attached are copies of
the letters. In addition we have checked all bids and prepared the attached
bid tabulation on the five low bidders. In preparing the tabulation, we
included the bid from A.R.I. Contracting using the numbered unit prices.
The items in which errors were made are highlighted on the attached copy
of A.R.I. Contracting bid.
At this time, we request that you review the attached documents and give
the City your opinion concerning the award of this contract. In addition
to A.R.I.'s proposal we have attached a copy of Barbarossa and Sons, Inc.
bid for your review. Attached also is a copy of the project specifications.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
4��
Thomaa E. Angus
TEA:sas
Encl.
• cc: Rich Hefti
A.R.I. Contracting
Barbarossa and Sons, Inc.
ll7'�/loA
•i
Orr. P.E.
p
Ruhn W.. Roknr, P.E
ft., AC
JuuPA C. A.&HIA, P.E.
huWrN A. IAmhr.. P, E.
Retold E lunrr. P.E.
J.mn C. 04ow. P.E
Gk.. R. Coot. P.E.
Knrt A. G.Wm P.E.
7tomw E. N.M. P.E.
Rkh.rd W. F"m P.E.
Rohs G. P.E.
M.r.r. L. SWWtr. P.E.
D.l;W C. tivgmdr, P.E.
Jary A. BouNuw. P.E.
M.rA A. Nnuon, P.E.
7N K. Pnm. P.E.
MkM 7. R..rm.R.. P.E.
R.Pnr R. P/plrrk, P.E
D. -W O. Lorton, P.E.
CAM. A. Eitirow
LW M. P.wr4AJ
NurWn M. 04on
Bids on the subject project were received by the City of Eagan last week.
During review of the bids a difference between the written unit price and
the numbered unit price was noted on one proposal item from A.R.I. Contract-
ing. Upon further review and additional two items were noted to have the
same error.
Since the bid opening, we have received letters from A.R.I. Contracting and
Barbarossa and Sons, Inc, concerning these errors. Attached are copies of
the letters. In addition we have checked all bids and prepared the attached
bid tabulation on the five low bidders. In preparing the tabulation, we
included the bid from A.R.I. Contracting using the numbered unit prices.
The items in which errors were made are highlighted on the attached copy
of A.R.I. Contracting bid.
At this time, we request that you review the attached documents and give
the City your opinion concerning the award of this contract. In addition
to A.R.I.'s proposal we have attached a copy of Barbarossa and Sons, Inc.
bid for your review. Attached also is a copy of the project specifications.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
4��
Thomaa E. Angus
TEA:sas
Encl.
• cc: Rich Hefti
A.R.I. Contracting
Barbarossa and Sons, Inc.
ll7'�/loA
•i
/� P.O. BOX 367
BARBAROSSA AND SONS, INC. OSSE06,12145-446A55369
GENERAL CONTRACTORS
August 12, 1985
Mr. Robert W. Rosene, P.E.
Bonestroo, Rosene, Anderlik 6 Associates, Inc.
2335 West Trunk Highway 36
St. Paul, MN 55113
Don Lind Blasting
Division Barbarossa and Sons, I*
P.O. Box 324
Berlin, Wisconsin 54923
414-361-4828
RE: Cedar Industrial Park Storm Sewer and Street Improvement
City of Eagan
Contract #85-5
Project No. 428
Dear Mr. Rosene:
I received today a copy of a letter sent to Mark Hanson by Robert J. Huber
of Fabyanske, Svoboda and Westra regarding A.R.I.'s bid on the above refereno,
project, and wish to outline our feelings on this matter..
It has always been our understanding that when a discrepancy exists between
a unit price and an extension on a unit price proposal, the unit price governs.
When a discrepancy exists between a written unit and a numbered unit, the
written unit governs, which is obviously the purpose for writing in each
unit in long hand. Mr. Huber refers to "inadvertently filled in, obvious
mistake, and minor irregularity", but the fact is A.R.I. is not the low bidder
on this project based on the bidding precedents our industry has established
which protects all parties involved with unit price contracts. If A.R.I.'s
numbered unit was allowed on this contract, a contractor on the next bid
could fill in two different prices for the numbered and written unit for
a bid item and, using this situation as a precedent, after the bid use whichever
unit price he wished. To deviate from established bidding procedures is
only going to create problems for contractors, engineers and owners alike
in the future.
A.R.I.'s bid should not be rejected, but should be tabulated according to
their written unit prices, just as the other bids are, and the contractor
a/ 1
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with the lowest total should be awarded the project assuming it is affordable
for the owner.
I am concerned about this situation, not only because Barbarossa is the low
bidder on this project (assuming the bids check out), but also because of
the potential problems a deviation like this will create on future bids.
After all parties have had a chance to review this matter, I would appreciate
knowing the decision.
Very truly yours,
BARBAROSSA AND SONS, INC.
Robert R. Barbarossa
President
cc: Robert Huber
Fabyanske, Svoboda and Westra
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BY MESSENGER
FABYANSKEI SV080DA AND WESTRA
A PROFESSIONAL ASSOCIATION
1000 MINNESOTA MUTUAL LIFE CENTER
400 NORTH ROBERT STREET
SAINT PAUL, MINNESOTA 55101
August 9, 1985
1.
Mr. Mark Hanson
Bonestroo, Rosen, Anderlik
S Associates
2335 West Trunk Highway 36
St. Paul, MN 55113
Re: Cedar
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Dear Mr. Hanson:
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TELEPHONE
612-226-0115
TELECOPIER
612-226-0734
I am writing to notify you in writing of the mistake in
A.R.I.'s bid on this project. You spoke with Kaz Betley about •
the mistake on Friday, August 91 shortly after the bids were
opened, and we spoke on Friday afternoon. I .
Mr. Betley filled in A.R.I.'s unit price for the 544 .
c.y. of "common excavation for ditch' as 0$3.00• per yard and
extended that price to •$1,632.00' on the bid proposal[ When.
filling in the space in which the unit price was to be written
in prose, however, he inadvertently filled in 00ne.Thousand Six
Hundred'Thir'ty=Two Dollars and -- Cents', which is the extended
Price rather than the unit price. The mistake is obvious on its
face.
A.R.I. has asked me to write to confirm that•$3.00q s-
its unit price for ditch excavation. Its inadvertance in
filling in the extended price rather than the unit price cannot
be doubted,. particularly when you view it in conjunction with
the unit price and extended price lines that A.R.I. filled in
properly and when you compare the unit prices of other bidders.
Such a minor irregularity.is not a sufficient reason for
rejecting A.R.I.'s bid.
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Mr. Mark Hanson
Page Two
August 9, 1985
I am -writing, therefore, to ask you to waive the
irregularity in A.R.I.'s bid. Please call if you have any
questions. I
RJH/bhl
cc: Dale Lamppa
Dan Lamppa
Robert Barbarossa
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