RESOLUTION NO. 041436
Directing the City Manager to
take no action to negotiate a contract with M.A. Mortenson to act as
construction manager for the Downtown Arena project until authorized by the
Council.
WHEREAS, the City
issued its invitation for bid, Project No. 100-089-7770, entitled Kansas City
Downtown Arena Project Construction Manager At-Risk Services for the Capital
Improvements Management Office by soliciting bids to be submitted on or before
December 2, 2004; and
WHEREAS, four bids
were submitted by a joint venture of Turner Construction Company, Walton
Construction Company and Greenleaf Construction Company; M.A. Mortenson, a
joint venture of J.E. Dunn Construction and Hunt Construction; and PCL
Construction Services; and
WHEREAS, the City
formed a selection panel to review the bid documents as well as conduct
interviews of the bidders on December 7, 2004, such selection panel consisting
of Mayor Kay Barnes, City Manager Wayne Cauthen, Councilman Terry Riley, Assistant
City Manager Rich Noll, Acting Director of Public Works Stan Harris, and
Executive Director of the Convention and Visitors Bureau Oscar McGasky; and
WHEREAS, Friday,
December 10, 2004, the selection panel made its recommendation that M.A.
Mortenson was the lowest and best bidder; NOW, THEREFORE,
BE IT RESOLVED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That the
City Manager is directed to take no further action to implement the selection
panels recommendation or negotiate a contract with M.A. Mortenson until the
Council has had an opportunity to review the recommendations made by the
selection panel and take whatever action it deems appropriate under the
circumstances.
Section 2. That this
Resolution specifically recognizes that Section 5 of the Invitation for Bid,
entitled No Commitment by City provides that The City shall have no
liability for any expense incurred by Bidders in the preparation of Bids or for
any damage allegedly resulting from Bidders failure to be awarded the contract
for CM @-Risk Services (Contract) for the project. Issuance of this IFB does
not commit the City to enter into a Contract for the project. The City makes no
guarantee that an award of Contract will be made as a result of this IFB. The
City reserves the right to accept or reject any or all Bids, to resolicit for
Bids, to temporarily or permanently abandon the procurement in whole or in part
and/or to award one or more Contracts for all or any portion of the Project,
when deemed by the City, in its sole discretion, to be most advantageous to the
City and in its best interest.
Section 3. Further,
that this Resolution specifically recognizes and acknowledges Section 6 of the
Invitation for Bid, entitled Rejection of All Bids which provides as follow:
If the City rejects all Bids, the City may resolicit Bids only from those
Bidders who submitted a Bid pursuant to this IFB and/or use an expedited bid submission
schedule with or without readvertising or issuing any other public notice when
the City determines, in its sole discretion, that the delay due to normal
solicitation procedures would not be in the Citys best interest.
Section 4. That the
Council has serious concerns about the selection panels recommendation and
wishes to review its recommendations, including the analysis, which concluded
that M.A. Mortenson made the lowest and best bid.
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