City of Lyndhurst, Ohio Board of Control
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October 4, 2010: Board of Control
AGENDA:

 
PLEDGE OF ALLEGIANCE
 
Minutes:
 
Approve minutes of the Regular Meeting of the Board of Control held Monday, September 20, 2010.
 
Review and approve assessments for grass cutting.
 
Award Contracts:
 
For bids received in answer to advertised request for the 2010 Crack Sealing Program.
 
Approve Purchase Requisitions:
 
STATEWIDE FORD - Three (3) Ford Crown Vic Police Interceptor; One (1) Ford Fusion - $78,840.00.
 
GREAT LAKES PETROLEUM - Gasoline and diesel fuel for 4th quarter 2010 - $50,700.00.
 
October 4, 2010: Board of Control
MINUTES:

 
The Board of Control of the City of Lyndhurst met in Regular Session on Monday, October 4, 2010, at 8:00 PM, Joseph A. Marko, Chairman, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; D. St. John, Captain of Fire; M. A. Kovalchik, Director of Finance; L. Puskas, Building Inspector; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
All stood for the Pledge of Allegiance.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of the Board of Control held Monday, September 20, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the assessment for grass cutting be accepted as submitted and applied.
 
The question was put to a voice vote and passed unanimously.
 
FOR BIDS RECEIVED IN ANSWER TO ADVERTISED REQUEST
FOR THE 2010 CRACK SEALING PROGRAM.
BIDS OPENED FRIDAY, SEPTEMBER 10, 2010 - 12:00 NOON
 
Bid Bond
5%
5%
5%
          
Name of Bidder
Axtell's Inc.
Specialized Construction, Inc.
Crossroads Asphalt Recycling, Inc.
          
Amount Bid
$56,100.00
$68,650.00
$82,840.00

 
Mrs. Borton reported that this item had been tabled at the last meeting and it is now the recommendation of the City Engineer and Law Director that the bid be awarded to Axtell's, Inc.
 
Mr. Murphy said he sent a memo to the Board of Control explaining that the award to the apparent low bidder had been protested by the second low bidder and that their legal counsel was present to address Board of Control. He requested that they be permitted a short time to address the Board.
 
Mr. Andrew Natale, of Frantz Ward LLP, addressed the Board of Control on behalf of Specialized Construction, Inc. stating he was in receipt of the memo from Mr. Murphy recommending the award to the low bidder. He said that while Ohio Law provides discretion to a public body to waive informalities or irregularities in a proposal, the types and extent of informalities in the bid documents create grave concern that jeopardize the integrity of the public bid process. Mr. Natale indicated that he had requested a complete copy of the bid documents and that the documents he received included a bid bond, but the bond did not include a Power of Attorney, which is mandated by state law and City of Lyndhurst ordinances. In addition, Item #3 in the General Conditions require that any out of state bidder who is to bid on contracts for award in the City of Lyndhurst must include with his bid at the time of bid opening, a certificate indicating that it is authorized and licensed to do business in the State of Ohio. He stated that no such affidavit was signed by this company, and no such certificate was provided to the City. Mr. Natale said he recognizes that there is a $12,000 difference in the bid of Specialized Construction and the apparent low bidder. He noted that Specialized Construction had performed several contracts successfully in the City of Lyndhurst as a prime contractor, and that they had also performed successfully several contracts as a sub-contractor for contractors performing work in the City. He said their list of qualifications is very elaborate. Mr. Natale further noted that the low bidder had not one project listed on the qualification sheet that indicates they had experience applying the ODOT specifications.
 
Mr. Natale said he was in receipt of affidavits that are notarized with no signature from the bidder and that there are affidavits that are incomplete or not submitted at all. He noted that the bid document states explicitly which forms shall be submitted. Mr. Natale felt these were major deviations in the bid submittal.
 
Mr. Ward indicated that there is a 25% difference between the apparent low bidder and the second low bidder and stated that it is already late in the season.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that with the Law Director's acknowledgement, all bids be rejected at this time and that the project be rebid in the spring.
 
Mr. Murphy indicated that it is provided in the bid specifications that Board of Control has the right to reject any and all bids, which would make this a proper motion and action by the Board of Control.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko
Nays: None.
 
Motion carried.
 
The following purchase requisitions were presented for approval:
 
STATEWIDE FORD - Three (3) Crown Vic Police Interceptor police cars and one (1) Ford Fusion - $78,840.00. (State Contract)
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the Mayor be and he is hereby authorized and directed to enter into contract with Statewide Ford for the purchase of three Crown Vic Police Interceptor police cars and one Ford Fusion for a total cost of $78,840.00, to be purchased through State Contract.
 
The question was put to a voice vote and passed unanimously.
 
GREAT LAKES PETROLEUM - Gasoline and diesel fuel for fourth quarter, 2010 - $50,700.00. (State Contract)
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the Mayor be and he is hereby authorized and directed to enter into contract with Great Lakes Petroleum for the purchase of gasoline and diesel fuel for the fourth quarter, 2010 for a total cost of $50,700.00, to be purchased through State Contract.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:10 P.M.


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