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HomeMy Public PortalAbout11-01-1979 SS BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 1, 1979 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in 2 regular session November 1, 1979 at the hour of 9:00 a.m. in .the Municipal 3 Building of said City. '.Mr. Meredith presided with Mr. Anderson and Mr. Webb 4 present. The following business was had, to-wit: 5 6 Mr. Webb moved the minutes of the previous meeting be accepted and placed on 7 file as prepared, seconded by Mr. Anderson and on unanimous voice vote the motion 111 8 was carried. 9 10 Director of Community Development Tim Ryder appeared before the Board. Mr. 11 Ryder stated the Board signed an agreement with the Redevelopment Commission 12 stating they would vacate and dedicate the service drive between 5th and 6th 13 Streets and South "A" and the Promenade when the drive was approved by the Board 14 of Works.. Mr. Ryder presented two (2) Resolutions passed by the Redevelopment 15 Commission. One is petitioning for -vacation of the existing public ways through 16 central renewal area No. 1 and the other is petitioning for dedication of the 17 new service drive. Mr. Ryder had the resolutions plus a copy of the agreement 18 signed by the Board of Works and Redevelopment Commission. He asked the Board 19 affirm and approve the two (2) Resolutions which would enable blocking off 20 the old service drive and begin traffic on the new one tomorrow. The Clerk 21 read Resolution 79-3 - RESOLUTION OF RICHMOND REDEVELOPMENT COMMISSION, RICHMOND, 22 INDIANA, DEPARTMENT OF REDEVELOPMENT, PETITIONING FOR VACATION OF EXISTING PUBLIC 23 WAYS THROUGH CENTRAL RENEWAL AREA NO. 1 and Resolution 79-4 - RESOLUTION OF 24 RICHMOND REDEVELOPMENT COMMISSION, RICHMOND, INDIANA, DEPARTMENT OF REDEVELOP- 25 MENT, DEDICATING A CERTAIN AREA FOR THE RELOCATION OF A SERVICE DRIVE IN CENTRAL 26 RENEWAL AREA NO. 1 by title only. 27 28 Mr. Anderson moved that whereas we have entered into an agreement we simultaneously 29 dedicate and vacate .an existing drive and whereas the Richmond Redevelopment 30 Commission has passed resolutions for dedication and vacation and whereas the 31 City Engineer has informed: us that the drive is complete; therefore, I move we 32 confirm and ratify the vacation of the existing service drive and dedicate the 33 new drive by affirming the recommendation of the Redevelopment Commission, 34 seconded. by Mr. Webb_ and on unanimous voice vote the motion was carried. 35 36 Building Commissioner Chrales Roberts presented a report from the Bureau of 37 Buildings for October, 1979 . . Mr. Webb moved it. be accepted and placed on file, 38 seconded by Mr. Anderson and on unanimous voice vote the motion was carried. 39 40 Mr. Webb presented a curb cut petition from Primex Plastics for a cut on North 41 12th Street between "F" and the railroad for a parking lot to serve the factory. 42 The request has been reviewed by Traffic, Plan and Engineering Departments and 43 all recommend approval. This request necessitates the moving of a utility pole 44 which Will be done at the expense of the petitioner. Mr. Webb moved for approval 45 of the subject curb cut, seconded by Mr. Anderson and on unanimous voice vote 46 the motion was carried. 47 48 Mr. Webb stated that as a matter of public interest, the City did receive word 49 this week from the Federal Highway Administration that the construction of No. 50 12th Street crossing and signalization is approved and that '.the crossing will 51 be rubberized and will have modern signals and gates. The estimated cost is 52 $376,000. The No. 13th Street crossing is being processed for warning devices 53 and gates and the No. 15th crossing will have new wooden crossing. The total 54 ' value of the new modernization along the Con-Rail system is approximately 3/4 55 million dollars . 56 57 Mr. Meredith announced the Board is recessed until 10:00 a.m. for receiving bids 58 of construction of Sim Hodgin Parkway. 59 60 The Board reconvened at 10:00 a.m. 61 62 Mr. Anderson examined proof of publication for the construction of Sim Hodgin 63 Parkway and found it to be in order. Mr. Anderson moved to accept the" proof, ' 64 seconded by Mr. Webb and on unanimous voice vote the motion was. carried. Board of Works Minutes Cont. November 1, 1979 Page 2 1 The following bids were received and recorded: Cain's Lakes Gravel $68,692.35 2 with construction period within 65 calendar days of receipt of notice to proceed; 3 A & D Excavating $98,736.25 with construction period of 120 calendar days of 4 receipt of notice to proceed; C. A. Kahl, Inc. $90,542.00 with construction 5 period within 180 calendar days of receipt of notice -to proceed. Mr. Meredith 6 stated as this is a project that is of utmost importance the Engineering Firm 7 Representative Cliff Seufert is present and will tabulate the bids immediately. 8 Mr. Webb moved to take the bids underadvisement, seconded by Mr. Anderson and 9 on unanimous voice vote the motion was carried. 10 11 Mr. Meredith announced the Board will recess until 11:30 a.m. at which time the 12 Engineer will. have a recommendation for the Board. 13 . 14 The Board reconvened at 11:55 a.m. 15 16 Mr. Seufert stated he has checked the mathematics in multiplying the unit prices 17 . and all are in order with the exception of Cain's Lakes Gravel which had an 18 error in. the unit price by the unit price being $286.00 per square foot which 19 makes the bid extremely high. Mr. Seufert stated this is a legal matter and 20 he will not put any interpretation on it beyond this point. Mr. Anderson stated 21 he had not had a chance 'to examine the bid-. Mr. Anderson asked Mr. Cain if 22 this figure should be $2.86 -to which Mr. Cain answered yes. Mr. Anderson asked 23 the Engineer how much per square foot the other bids were. Mr. Seufert stated 24 the bid of Kahl is $4.00 per square foot and A & D is $5.90 per square foot. 25 Mr. Anderson asked Mr. Cain if the result of the error affects the total price 26 to which Mr. Cain answered no. The original price does stay the same. Mr. 27 Anderson asked if Mr. Cain is willing to change.his- unit .prise, which does not 28 affect the total bid price and Mr. 'Cain stated he is.. Mr. Anderson stated he 29 would like to take the matter under advisement and asked for the Board to be 30 reconvened. • 31 32 Mr. Anderson moved this matter be continued under advisement, seconded by Mr. 33 Webb and on unanimous voice vote the motion was carried. 34 35 Mr. Meredith continued the matter under advisement to determine .whether or not 36 the unit price can be changed. Mr. Meredith recessed the Board until 2:30 this 37 afternoon at which' time the Board will reconvene. 38 39 The Board reconvened at 2:30 p.m. 40 41 Mr.. Anderson read the following opinion: 42 43 "WHEREAS the Board of Public Works in its legal advertisement reserved the ' 44 right to accept or reject any or all bids, or any part or parts of any bid, in 45 accordance with IC 5-17-1-2; and 46 47 WHEREAS, the Board. of Public Works reserved the right to waive any and all .48 informalities; all as provided for in IC 5-16-2-104 and IC 5-16-2-1; and 49 50 WHEREAS in the bid of Cain Gravel there was a typographical error in the place- 51 ment of a decimal.in the unit price for Item 13. Gab ion Blanket and Paved Side 52 Ditch; 53 54 WHEREAS, otherwise, the engineer for this project finds the bid acceptable 55 and in conformity with the specifications as advertised; 56 57 WHEREAS, IC 5-16-1-1 requires an award of a contract for public work or 58 . improvement to the "lowest and best bidder"; and • 59 60 WHEREAS, IC -18-1-6-18 involving specifically the duties of the Board of Works 61 writes "Such board shall,- if a satisfactory bid be received, let such contract 12 to the "lowest and-best bidder"; 13 14 WHEREAS, the bidder has submitted a sworn affadavit'correcting the error which 15 affadavit will be made a part of his bid and such correction in no way effects. 16 the publicly announced total bid; 57 • . Board of Works Minutes Cont. November 1, 1979 Page 3 1 WHEREAS; there has been substantial compliance with ,the statutory requirements 2 ' and with the technical requirements of the specifications; 3 4 WHEREAS, -by such correction no advantage of completion has. been. lost nor is 5 the bid a new proposition; and II/ • 7 WHEREAS, a mere irregularity, in the form- of- the -bid does not justify its 8 . rejection as they may be corrected. 9 10 THEREFORE-, it is my opinion that this board may now cause this, error and 11 irregularity be corrected and that it should proceed to• award the bid, all 12 within its statutory and discretionary authority to the lowest and -best bidder." 13 14 . Mr. Meredith stated Mr. Anderson referred to a placement of a decimal in the 15 unit price'and that unit price is not carried to the total price on that parti- 16 cular line. 17 18 Mr. Anderson stated:Mr. Cain has submitted an affidavit and a copy of this 19 affidavit will be made a part of the minutes. The affidavit should -be 20 made. a part of his bid and a.copy into the record. . 21 • - 22 -Mr. Meredith asked if anyone has any objections or comments or questions: 23 . concerning the affidavit. Let the minutes show no objections.. 24 . 25 Mr: Anderson moved that one copy of said affidavit be made a part of the 26 formal bid of- Cain Lakes Gravel of the Sim Hodgin Parkway, Embankment Repairs 27 and that one copy of said affidavit be made a part of the record and in the 28 minutes of this body;, seconded by Mr. Webb and on unanimous. voice vote the 29 • - motion was carried. 30 AFFIDAVIT III 31 32 Comes Now Ernie E. Cain, by oath and deposes and says: 33 34 1. The affiant is the owner of Cain's Lakes. Gravel, 3172 Abington Pike, Rich- 35 - . Mond, Indiana. 36 • 37 2. That affiant did bid on the Sim-Hodgin Parkway, Embankment repairs: for 38 Notice' of Letting and for specifications as prepared by Butler, Fairman 39 & Seufert, Incorp. The engineer for said project. 40 41 3. This, affiant is submitting said bid in the itemized proposal, Item 13, did 42 erroneously & without intent make said' unit price at $286.00 when in fact 43 through a typegraphical error meant said price to be stated as $2.86 as. 44 the unit price. 45 46 4. That affiant is willing & does correct said typergraphical error on his 47 itemized proposal. . 48 • 49 5. , That affiant shows by such correction the total price bid of $68,692.35 is 50 no way altered or changed & that affiant's total bid is still as originally 51 submitted and publicly announce by the Board of Public Works and Safety 52 at its regular meeting on Thursday November 1, 1979. 53 • 54 6. That this affidavit is made- for the purpose of correcting"said' typergraphi- 55 cal error and to convince said board to waive & excuse this typergraphical 56 error. 57 • 58 SUBSCRIBED AND SWORN TO ME BY: 59 . 60 /s/ Gloria Ann Anderson /s/ Ernie E. Cain 61 NOTARY PUBLIC Ernie E. Cain 62 D.B.A. Cain's. Lakes Gravel 63 My Commission Expires: 5-17-1981 Owner 64 65 STATE OF: INDIANA 66 COUNTY OF: WAYNE THIS 1'" DAY OF Nov. 1979 Board of Public Works Minutes Cont. November 1, 1979 Page 4 1 Mr. Meredith asked the Engineering firm for their recommendation with this 2 acceptance of this affidavit. Mr. Seufert stated he finds on that basis that 3 the low bidder is. Cain's Lakes Gravel and to the best of his knowledge, the 4 bid conforms with the. requirements. 5 6 When asked for the City Engineer's opinion, Mr. Webb stated it was basically 7 a legal problem and, obviously, Cain's Lakes is the low bidder. 8 9 Mr. Anderson moved that, we accept and award the bid of Cain's. Lakes Gravel 10 for the Sim Hodgin Parkway Embankment Repairs and that said contractor will 11 submit the required performance bond, seconded by, Mr. Webb and on unanimous 12 voice vote the motion was carried. 13 14 There being no. further business the meeting was adjourned. 15 16 Donald E. Meredith 17 President 18 19 ATTEST: JoEllen Trimble 20 Clerk of the Board