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07-9928r RESOLUTION NO. 9928 RESOLUTION APPROVING THE BID TABULATION AND AWARDING CONTRACT TO TMI COATINGS, INC. WHEREAS, the City advertised for bids for the reconditioning of the Penn Avenue water tower; and WHEREAS, the bid advertisement informed bidders that plans and specifications could be obtained electronically from a designated web site; and WHEREAS, the bid advertisement did not inform bidders of a mandatory pre-bid conference, to be held on April 5, 2007, but that information was contained only in the plans and specifications; and WHEREAS, the purpose of the pre-bid conference was to visit the site and make bidders aware of physical constraints at the site; and WHEREAS, due to technical difficulties, TMI was unable to download the plans and specifications from the designated web site and did not become aware of the pre-bid conference until after April 5, 2007; and WHEREAS, TMI promptly contacted the City's consulting engineers and informed itself of the purpose of the pre-bid conference and also visited the site and familiarized itself with the site constraints; and WHEREAS, prior to the bid opening, TMI notified the City of its intent to bid and represented that it was aware of the physical constraints of the site; and WHEREAS under all of the circumstances, TMl's failure to attend the pre-bid conference is a minor irregularity that may be waived. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The bid minutes and tabulation for the Penn Tower Reconditioning contract are approved. 2. The failure of TMI Coatings, Inc. to attend the pre-bid conference is waived as a minor irregularity. 3. The contract for the Penn Tower Reconditioning project is awarded to TMI Coatings, Inc. in the amount of $333,200. Adopted this 8th day of May 2007.. [)~' {;dM Debbie Goettel, Mayor