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2006-02-09' ~ ~ PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ~~ I ~ CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality cervices that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA MOUND CITY COUIVCIL.~ . ~ THURSDAY, F COUNCI ~ - BOOrAM '-~ SPECIAL MEETING MOUI\D CITY L CHAMBERS ~ 1. Call meeting to order 2. Consideration/Action on Lost Lake Dredge Project 3. Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site.• www. cit~ofmound. com. 1 5341 MAYWOOD ROAD MOUND, MN 55364-1687 CITY O F MOUND PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com February 8, 2006 Michael Scott Construction, Inc. 601 Lewis Avenue N. Unit C Watertown, MN 55388 ATTN: Mr. Greg Forseth RE: Lost Lake Dredge/Mound, Minnesota Dear Mr. Greg Forseth, On January 24, 2006 the City of Mound awarded Michael Scott Construction, Inc. (MSC) the contract for dredge in Lost Lake. MSC was notified of the award by Notice of Award on January 24, 2006. In accordance with the notice you were given 10 days from the date of the notice to provide the City with certain instruments including an executed contract and a payment and performance bond. The last date for performance of that requirement was February 3, 2006. At a meeting held at the Mound City Hall on February 3, 2006 representatives of MSC were specifically informed that the deadline for providing the instruments was 4:30 p.m. on February 3, 2006; and that failure to meet the deadline would result in a determination that MSC is in default, and a recommendation that the council award the contract to the next lowest bidder. The deadline was extended to February 6, 2006 in order to provide MSC with a further opportunity to comply. Once again MSC was unable to meet that deadline. Representatives of MSC have repeatedly been informed of the time-sensitive nature of the project. That information was provided at a pre-bid conference held on December 21,2005 and was reinforced in the Addendum No. 1 to the contract. At the meeting of January 24, 2006 your representatives were also specifically informed of the need to comply with the timelines contained in the Notice of Award so as to permit the project to proceed on a timely basis. printed on recycled paper For whatever reason, MSC has not been able to meet the clearly announced deadlines; consequently, you are hereby notified that at a special meeting of the Mound City Council at 8:00 a.m. on February 9, 2006 at the Mound City Hall, I will ask the City Council to take the following actions: Declare MSC in default of its obligations for failure to provide the instruments required in the Notice of Award. 2. Direct me to seek all appropriate remedies under your bid bond and at law. 3. Award the contract to the next lowest responsible bidder. You are therefore informed that MSC has until 4:00 p.m. on February 8, 2006 to deliver into my possession the executed contract, the payment and performance bond and any other instruments required by the Notice of Award. By that time and date, you will also need to provide the Public Works Director with evidence that MSC is ready and able to immediately proceed with performance under the contract. Carlton Moore, the Public Works Director may be reached at (952) 472.0636. Sinc rely, ndis Hanson City Manager CITY OF MOUND RESOLUTION NO. 06- RESOLUTION ACCEPTING BID FOR DREDGING OF LOST LAKE WHEREAS, pursuant to an advertisement for bids for the dredging of Lost Lake, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Michael Scott Construction, Inc. $179,186.25 Veit Companies $290,345.00 and WHEREAS, on January 24, 2006, the City Council awarded the bid for the dredging of Lost Lake to Michael Scott Construction; and WHEREAS, it has been determined that Michael Scott Construction is in default of such award, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Veit Companies, Rogers, Minnesota, in the name of the City of Mound for the dredging of Lost Lake, according to the plans and specifications therefore on file in the office of the City Clerk. Adopted by the City Council this 9t" day of February, 2006. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk