HomeMy WebLinkAbout09-07-898609 September 7, 1989
8609
Minutes of the special meeting of the Pulaski Town Council held
September 7, 1989, at 4:30 p.m. in the Council Chambers in the Municipal
Building.
There were present: Mayor Gary C. Hancock, presiding
Council Members: James M. Neblett, Mary Lou Copenhaver,
James R. Neighbors, J. R. Schrader,
Andrew L. Graham, Alma H. Holston,
Also Present: Frank Terwilliger, Town Attorney
Anne Burgess, Interim Town Manager
Ruth A. Harrell, Clerk
Visitors: Dee Ann Lindsey, Southwest Times
The invocation was given by Vice Mayor Neighbors.
Mayor:Hancock advised that first item on the agenda was the Twin
Oaks sewer project bid rejection.
Mr. Terwilliger presented and read a brief memorandum to be placed
in the contract file, with Council's approval, which stated the reasons
,~N O~for the rescinding of the bid award to Phillips Concrete and rebidding
5~,~ the project. This memorandum is as follows:
PROJECT
By direction of the Town Council, this memorandum is placed in the
contract file to set forth the Council's reasons for its actions on 9-5-
89 in rescinding the bid award to Phillips Concrete, Inc. and re-bidding
the project. The reasons are:
1. Brinkley Plumbing (the objector) does not have standing to
challenge the responsibility (of the low bidder) as opposed to the
responsiveness of the bid. However, once an irregularity is called to
the Council's attention, awarding the bid would be improper.
2. Phillips Concrete is a Class A Contractor but does not possess
the proper subclassification to undertake this project.
3. There is no indication that Phillips Concrete was aware that it
lacked the proper subclassification and it appears it relied on
information from the Board of Contractors in obtaining its license.
4. An award to the next lowest bidder would result in a price
increase of $13,000 plus or minus to the Town. The Town would then have
to pursue the bid bond of Phillips Concrete and/or the assets of
Phillips Concrete.
5. Re-bidding the project could result in a lower price for the
project, and can be done relatively quickly since the specifications
have been fully prepared. If it does not, the Town will be protected by
the bid bond and can then take any action necessary to enforce its
rights and prevent monetary loss.
September 7, 1989 8610
1
We, the undersigned, duly elected members of the Council of the Town
of Pulaski, Virginia, hereby waive notice of a Special Meeting of said
Council at 4:30 p.m. on the 7th day of September, 1989, for the purpose
of discussing Twin Oaks Sewer Project - Bid Rejection; Recreation Study
Committee;
6. The project timetable will be delayed but not threatened by any
re-bidding.
A copy of this memorandum will be sent to the attorneys for
Brinkley Plumbing and Phillips Concrete.
Councilperson Holston so moved that resolution be adopted approving
the memorandum, seconded by Councilman Neighbors and carried.
At a later date, and after further study, two names will be
forwarded to the County for the Recreation Study Committee.
Mr. Terwilliger informed Council that the Town had received a (ZONING)
favorable ruling from Judge Arthur on Memorial Drive issue.
At 4:37 p.m. Councilman Neblett made a motion that Council adjourn,
seconded by Councilman Neighbors and carried.
Attest:
Clerk of Council
WAIVER OF NOTICE OF SPECIAL MEETING
APPROVID:
Mayor
WITNESS our signatures this 7th day of September, 1989.
~~
Cat />;',-~ ~'~ `G'I.f _f,C
[1
,,