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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