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CLAIMS REVIEW MEETING APRIL 3 2012 116
<br />A Claims Review Meeting of the Board of Public Works was convened at 8:35 a.m. on April 3,
<br />2012 by Board President Gary A. Gilot with Board Members Donald Inks and Kathryn Roos
<br />present. Also present was Attorney Cheryl Greene.
<br />ADDITIONS TO THE AGENDA
<br />Mr. Gilot noted the addition to the agenda of Resolution No. 18 -2012, and ratification of closing
<br />documents related to the Main Street and Lafayette Street project.
<br />AWARD BID AND APPROVE CONTRACT— HANSEL CENTER RENOVATION —
<br />PROJECT NO. 111 -064 (AEDA TIF)
<br />Mr. Greg Kil, Kil Architecture, stated that on March 22, 2012, bids were received and opened for
<br />the above referenced project. He reviewed all six (6) bids received with Mr. Carl Littrell,
<br />Engineering, Engineering staff, and the City Legal Department, and they found that four (4)
<br />bidders did not complete all of the required information of the bid proposal form. Mr. Kil stated
<br />that Brown and Brown did not include the required unit prices, and The Robert Henry
<br />Corporation, Larson - Danielson, and Ziolkowski did not fill in the time schedule information. He
<br />noted that left Casteel Construction and Gibson -Lewis as the only two responsive and
<br />responsible bidders. Of those, Gibson -Lewis was the low bidder. Mr. Kil stated he is therefore
<br />recommending the award of the bid to the lowest responsive and responsible bidder Gibson -
<br />Lewis, LLC, 1001 West 1 lth Street, Mishawaka, Indiana 46544, in the amount of $1,647,500.00
<br />which is the Base Bid plus all add -in Alternates. He noted Alternate No. 8 is a deduction and that
<br />is not being included in the award. Mr. Gilot asked if all partners in the project, including South
<br />Bend Heritage, were in concurrence with the award. Mr. Kil stated they are. Ms. Greene stated
<br />there is a Memo from Mr. Littrell to the Board concurring with Mr. Kil's bid recommendation
<br />that should be made part of the record. Ms. Greene stated she reviewed the bids and specs to
<br />assess their legal compliance and found only two bidders, Casteel and Gibson -Lewis in
<br />compliance with all of the requirements of the bid specs. The other four (4) bidders omitted
<br />amounts or information that would constitute a material variance. Ms. Greene stated in reviewing
<br />Indiana Code and the Court's interpretation of material variance, these omissions would be non-
<br />responsive to the bid specs. Mr. Gilot stated the bidders are told when to start and when to finish
<br />in the bid specs, is where they are asked on the bid sheet relative to the award of the project. Mr.
<br />Kil stated they need to know when the contractor can start after the award and when they will
<br />finish. He noted this is one of the things that is taken into consideration in their review and award
<br />of the bid; how soon the bidder can start and when they can finish. Mr. Littrell stated that Mr.
<br />Eric Brown from Brown and Brown Construction was present and asked the Board to give him
<br />an opportunity to speak since he came specifically about this bid. Mr. Brown stated he spent a lot
<br />of time and put a lot of effort into preparing his bid, and his was the low bidder. He questioned
<br />the City spending $90,000.00 more on the project just because he left the unit price amounts
<br />blank. He stated he didn't have time to obtain all of the unit prices and they would not affect the
<br />final bid. He stated in the past entering unit prices did not affect the bid award and his company
<br />has a process for figuring the total cost with the unit costs figured in. He noted that on the unit
<br />prices he did obtain, they were so high; the Board would have thrown his bid out. He stated they
<br />have to figure what is relevant and include the total in their cost. Mr. Brown added he did not see
<br />anything in the bid specs that stated the bid can be thrown out based on omission of unit prices.
<br />Mr. Gilot stated the unit prices are important and are part of the bid sheet. He noted he has asked
<br />the architect if they intended to use the unit prices and if they would affect the total cost of the
<br />project, and they said it would. Mr. Gilot added the City retained a licensed architect to review
<br />the specs and they need to stand behind his review. Mr. Gilot requested Mr. Brown re -read the
<br />specs. He noted it is so clear in the wording of the specs that all blanks must be filled in, that if
<br />the City didn't stand behind that, they would be challenged. Mr. Gilot added there are six bids,
<br />all from very good firms, and it is unfortunate that four (4) of them did not complete all of the
<br />required information of the bid specs. He noted he hopes they will learn from their mistakes. Mr.
<br />Gilot added that the total cost of this project is being shared with several partners in the project
<br />and the City has committed $796,000.00 to the cost. Therefore, Mr. Gilot made a motion that the
<br />recommendation be accepted and the bid be awarded and the Construction Contract approved as
<br />outlined above. Mr. Inks seconded the motion, which carried.
<br />AWARD BID AND APPROVE CONTRACT- WESTERN AVENUE AND LAUREL STREET
<br />SIGNALIZATION IMPROVEMENTS — PROJECT NO. 111 -079 LRSA
<br />Mr. Toy Villa, Engineering, advised the Board that on March 8, 2012, bids were received and
<br />opened for the above referenced project. After reviewing those bids, Mr. Villa recommended
<br />that the Board award the contract to the lowest responsive and responsible bidder Martell
<br />Electric, LLC, 4601 Cleveland Rd., South Bend, Indiana 46628, in the amount of $128,000.00.
<br />Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded
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