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Regular City Council Meeting Monday,December 10, 2012 Page 8 j. Request Council Approval to Rescind Award Bid for Landscaping Con- tract for Failure to Furnish Performance Bond and Award Contract to Next Lowest Bidder Johnson moved, McGehee seconded, rescinding the landscaping services con- tract to Noble Nursery and award the contract to the next lowest bidder, Gar- deneer, Inc.; in an amount not to exceed $86,225. Roll Call Ayes: Pust; Johnson;Willmus; McGehee; and Roe. Nays: None. 8. Consider Items Removed from Consent e. Award Contract for Demolition of the Buildings on the PIK Terminal Co. Limited Partnership Property Located at 2680/2690 Prior Avenue City Engineer Debra Bloom reviewed the background, process, and review of bids related to this project; and resulting staff recommendation for the second lowest bidder, as detailed in the RCA dated December 10, 2012. Ms. Bloom reviewed specifics in the bid documents related to use of MnDOT approved contractors; and the findings of staff and the City Attorney as those special con- ditions prevailed over general instructions to contractors for the bidding process itself. Ms. Bloom noted that nine (9) bids had been received initially, with only four (4) of those bidders found to comply with specifications during the course of the contract when the City provided additional information related to that specific condition, and with the exception of Urban Companies, those compa- nies had chosen to withdraw their bids. Ms. Bloom opined that it was the con- sensus of staff and the City Attorney that it was unfair to other bidders to change that bid once opened; and advised that the recommendation stood as • presented. Ms. Bloom noted the minimal difference in the bid between the two (2) lowest bidders. City Attorney Gaughan concurred with staffs recommendation as presented. At the request of Councilmember McGehee, Ms. Bloom provided additional de- tail on the rationale in staffs application of MnDOT approved contractor lists, particularly recognizing the need for proven past performance by contractors in addressing this significantly contaminated site and the process to be used during demolition and removal of hazardous materials from the site. Greg Van Gilder,Director of Operations, Urban Companies Mr. Van Gilder distributed a letter to Mayor Roe and Councilmembers at the bench, and referenced those written comments during his presentation; and ra- tionale in requesting reconsideration of staffs recommendation.