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| Resolution | NO. 541 |
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| | | | | | | | | A Resolution seeking acceptance of the lowest responsive, responsible bid for Air Traffic Control Tower Rehabilitation project from Berglund Construction Company in a not-to-exceed amount of $373,500.00. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 9/3/2024 | | | |
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Resolved by the Commission of the City of Battle Creek:
That the lowest responsive, responsible bid for Air Traffic Control Tower Rehabilitation project is accepted from Berglund Construction Company in a not-to-exceed amount of $373,500.00. The City Manager is authorized to execute Contract No. 2025-008B, which will be paid from: 580.20.5384.971.040.
The City Manager or her designee is also authorized to approve change orders for up to 10% in aggregate for City-initiated and pre-approved changes for unforeseen field conditions that are not itemized in the contract.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on September 3, 2024.

Victoria Houser
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| | | | | | | | | Battle Creek City Commission 9/3/2024 Action Summary | | | |
| | | | | | | | | | Staff Member: | Christine Huff, Purchasing Agent | | Department: | Purchasing |
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| | | | | | | | | SUMMARY
| A Resolution seeking acceptance of the lowest responsive, responsible bid for Air Traffic Control Tower Rehabilitation project from Berglund Construction Company in a not-to-exceed amount of $373,500.00.
| BUDGETARY CONSIDERATIONS
| | $350,000 of this project will be paid by a grant under the Bipartisan Infrastructure Law by the Federal Aviation Administration. | HISTORY, BACKGROUND and DISCUSSION
| The Invitation for Bids (IFB) was issued May 31, 2024, for the above-mentioned project, which consists of crack repair of the existing precast concrete shaft and removal and replacement of certain ATCT electronic equipment located in the ATCT CAB and ATCT Equipment Room.
Copies of the IFB were provided to all contractors and construction planhouses registered in our online vendor registration system. Construction companies and the trades subscribe to planhouses to be aware of all jobs being bid around the region, so we have a wider reach than our own registered vendors. In addition, an advertisement was placed on the City’s website and the Battle Creek Shopper.
An advertised, non-mandatory pre-bid was held via Teams on June 11, 2024, and that meeting was led by consultant engineer Mead and Hunt.
Bid responses were due on June 20, 2024, and they were submitted to our online secure bid management system, and read aloud via Zoom.
A bid tabulation is attached.
The IFB specified the basis for award for determining low bid with this statement: “if funds are not available to cover the Total Bid Amount, the Contract shall be awarded based on the lowest responsive Bid determined by the addition of Bid Items in the following order until the available funds are reached; BBI-101, BBI-102, BBI-201, BBI-202.”
Following recent notification from the FAA that they are not funding crack sealing (Base Bid 101) or weather equipment (which is part of Base Bid 102) we would like to award the contract to Berglund based only on Base Bid 102, minus the weather equipment, in the total amount of $373,500.00.
While this is an irregularity to further reduce the low bidder’s price, it did not change the relative standing of the bidders. Proceeding in this way allowed us to complete the project using grant funds; the alternative was not to do the work at all. Rebidding with a substantially reduced scope of work would put us outside the window to receive the grant funds. For these reasons, I agree with the department that awarding to Berglund Base Bid 102, minus the weather equipment, would be in the best interest of the City and the Airport.
As with all construction over $50,000, this is a prevailing wage job. All standard contract protections apply.
The bid was reviewed by Tim Close and Jeff Thoman, both at Mead Hunt, Phil Kroll, Aviation Director, Miles Weaver, Assistant Aviation Director, and a recommendation was made to accept the bid as noted above.
| DISCUSSION OF THE ISSUE
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| POSITIONS
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