05/22/06 Board of Public Works Minutes

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REGULAR MEETING MAY 22, 2006 'r APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the minutes of the public agenda session and the regular meeting of the Board held on May 4 and May 8, 2006, were approved. PUBLIC HEARING -LICENSE APPLICATION FOR TRANSIENT MERCHANT LICENSE - SHOWTIME FIREWORKS Mr. Inks advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant License, as submitted by Mr. Mohamad ' Musleh, 1247 Fitzgerald, Munster, Indiana, to conduct the sale of fireworks at the old Blockbuster Building at Lincolnway West and Ardmore Trail, June 4 through July 4, 2006. It was noted favorable recommendations have been received from the Fire Department, Building Department, Legal Department and the Police Department. The Fire Department stated the building does not have a sprinkler system and the fireworks must be properly displayed, stored and have proper fire protection. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the License Application was approved, OPENING OF BIDS -SALE OF CITY OWNED PROPERTY - 1201 WEST FORD This was the date set for receiving and opening of sealed bids for the above referred to property. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News, which were found to be sufficient. The following bid was opened and publicly read: JUAN VARGAS 1207 Ford Street ' South Bend, Indiana 46619 BID: $900.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bid was referred to the Legal Department for review and recommendation. AWARD BIDS -STREET MATERIALS - PROJECT NO. 106-019 (LRSAI Mr. Sam Hensley, Transportation Director, advised the board that on May 8, 2006, bids were received and opened for the above referred to street materials. After reviewing those bids, Mr. Hensley recommends that the Board award the contract to the lowest, responsive and responsible bidders. Mr., Bodnar stated the Board solicited bids. for twenty-eight (28) different lines of materials and requested a total amount of the base bid. The Director of Transportation wants to award this to the lowest total, even though for six (6) of the .items a different company had a lower bid. The starting base for an analysis is that the contract must be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder (I.C. 5-22-7-8). The solicitation did not state that a contract would be awarded separately for each line of supplies. Because this solicitation did not qualify under I.C. 5-22-17-12(a), there is no absolute requirement that the Board of Public Works award them to separate companies. While the Board has the power under subsection (b) ' to break out individual items, the Board has no obligation to do so and may follow the Director's recommendation. Besides the twenty-eight (28) items; the Board solicited one (1) other item which would be by unit cost only and was not included in the total amount of the base bid. That is to be awarded to the lowest bidder. Thirdly, there were six (6) items for which the Board requested a base bid. Of the three companies bidding on these items, none bid on all of them, two of them bid on four each (non-identical to each other) and the other on two. No bid was made on one item. The Transportation Director recommends that all bids on one other item be rejected and that the other four items be awarded to one company. Of the four items, the winning bidder