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HomeMy WebLinkAboutResolutions - 1959.08.05 - 19151WHEREAS, of this en action was instituted in the Circuit Court f 4....0Uhty or r Frank Scruciris Jr., a taxpayer uvp";.: :!es the County of 0:aliica, did on the 29th day of June Circuit J! ter u awarded the contract under Rusel notified the Mi8a. 3555 JOINT RESOLUTION BY: f-Ar. Levin 5 On IN RE; ACCEPT WITHDRAWAL OF ARCHIH:ZTURAL A:,:D MECHANICAL BIDS FOR FIRST UNIT OF OAKLAND TO; THE LAKANDCC 1W, and this Board, by the adoption of Miscei low R Jun o 2, 1 or.irized the awarding of the architectural cm tin et for :he first unit of the Court House Office. to J, A. Ftdiokih Pontiac, Michiorin, and the Mechanical contra at to R. L. Sr4fziey Company fIr bn sums as set forth in sa id resc..;ution, and 5, OF SUPERVISORS No in the City of Royal Oak, J, A. Freidman C..);-,TRelny, and WHEREAS, the Honora .],-,f.rai architecture; .;;ontreet to the nk Lo Doty, Ho Russ.i and William J. Be-ir , award of in favor of the County disn=ssi a action brought by Mr. Scr_qi.:js, WHEREAS, on the 14th day of July an was fi cy Mr. Michigan Supreme Court appeaiing the ruling of the three County C4c;:if and he WHEREAS, the J. A. Fred of Pontiac, Minion , which was award.ea ;:je.nerai urchitectural contract, has advised H ILY/ :,-kited July 17, /959, that due to th de in the op.„)dA:!I to the Supreme Court it will be to hold its bid firm and has therefore given notice of withdrawal of its bid , an d WHEREAS, the R. L, Spitzley Company, mechanical contractor, which was d that if wilI to hold its bid firm, and Mi$0. WHEREAS, the Schultz_ Electric Service, the electrical contractor, has executed a contract for the work to commence upon the execution of the contract of tle general contractor, and WHEREAS, this Board of Supervisors has now been informed by Frank Scruggs, Jr., the Plaintiff in the case entitled "Frank Scruggs, Jr., Plaintiff vs. Oakland County Board of Supervisors, Defendant," being Oakland County Circuit Court Case No C-31215, by his attorney, that if the project is re-submitted for bids that the appeal will be withdrawn and dismissed, and WHEREAS, the A. Z. Shmina a, Sons Company, by its attorney, has advised this Board that if the project is re-submitted for bids no action or proceedings will be taken by the said Company in respect to said re-submission or the original submission; NOW THEREFORE, BE IT RESOLVED that this Board accept the withdrawal of the bids of J. A. Fredman Company, general contractor, and R, L, Spitzley Company, mechanical contractor, in connection with construction of the First Unit of the Oakland County Court House, BE IT FURTHER RESOLVED that those portions of Miscellaneous Resolution No. 3536 awarding the general contract to J. A. Fredman Company and the mezhciLk:al contract to the R. L. Spitzley Company be rescinded. BE IT FURTHER RESOLVED that said Miscellaneous Resolution No. b5. Sc confirmed as to the award of the electrical contract to Schultz Electric Service. BUILDINGS AND GROUNDS COMMITTEE Paul W. Mc vis the resolut on be adopted. Misc. 3555 MR. CHAIRMAN, on behalf of the Special County Building, Ways and Means and Buildings and Grounds Committees, move the adoption of the foregoing resolution and request a rolLcall vote, SPECIAL COUNTY BUILD-ING COMMITTEE WAYS AND MEANS COMMITT EE Moved by Levinuor, ;14 .:ported by Ow Clerk read the folloving, letters: TELEPHONE FEDERAL 4.050.5 J. A. FREDMAN, INC. GENERAL CONTRACTORS 735 SOUTH PADDOCK STREET PONTIAC 19, MICHIGAN July 17, 1959 Oakland County Board of Supervisors Pontiac, Michigan Re: Oakland County Court House Gentlemen: Some time ago this Company submitted to you a bid for the construction of the above project. It had been anticipated that, if this bid was accepted and a contract entered into pursuant thereto, it would be possible to begin work early in May and have the structure substantially completed in time to avoid the delay and expense encountered in such construction during the winter months. Although this bid was accepted by you, litigation has arisen because of that acceptance. The issues involved in this litigation have been determined in the Oakland County Circuit Court favorably to your right to accept that bid, but the matter has now been appealed to the Michigan Supreme Court. It is our understanding that the earliest possible disposition of this appeal can be expected no sooner than sometime in October of this year and may, in fact, be delayed until January of 1960. Until this litigation is finally disposed of and judicial approval of your acceptance of this Company's bid is received, it will not be possible for the Board of Supervisors to enter into a contract with this Company on the basis of that bid which either the Board or this Company can be certain will be legally bilding on the Board. Therefore, since this bid, as presently submitted, is firm only until August 3, 1959, you have asked us whether or not J. A. Fredman, Inc. could commit itself to hold its bid firm for an additional period of six months, or until all litigation is favorably concluded, whichever shall first occur. After a thorough consideration and re-examination of our bid and the costs underlying it, as well as the loss of time already suffered and that in prospect, and the additional costs which must result therefrom, it is felt that it is impossible for J. A. Fredman, Inc. to commit itself to hold this bid firm for the period requested. J. A. Fredman, Inc. therefore, requests that you release it from its bid, in return for such release the Company agrees to waive all rights and remedies which it might have against the County of Oakland for damages from or growing out of the submission and acceptance of bids in this matter. TE LEP HON E FEDERAL 4.0505 J. A. FREDMAN, INC. GENERAL CONTRACTORS 735 SOUTH PADDOCK STREET PONTIAC 19, MICHIGAN - 2 - Oakland County Board of Supervisors Pontiac, Michigan It is with genuine regret that this decision has been reached. This Company is most desirous of securing the contract for this project, but the circumstances of the matter make it impossible for us to make the commitment requested. Your courtesy and consideration throughout these entire proceedings is sincerely appreciated. Very truly yours, J. A. FREDMAN, INC. Fredthan President JAF/hlp CC: O'Dell, Hewlett & Luckenbach Miller, Canfield, Paddock & Stone File s very truly, DENINis BOYLE ATTOR,NEY AND COUNSELOR. PEmoDsco-r BLJILDNJG DETROrr 26. MIcGA.N _ 1-qapy.,RD 2-3658 July ZI, 1959 Oakland County Board of Supervisors Court House Office Bldg, 1 Lafayette Street Pontiac, Michigan Gentlemen: As attorney for and on behalf of A. Z. Shmina & Sons Company, hereby advise yod and agree that if the proposed project namely, "The Construction of the First Unit of the Oakland County Court House, Pontiac, Michigan, is resubmitted for bids no action or proceedings will be taken by the said A. Z. Shmina & Sons Company in respect to said resubmission or the original submission for bids and said A. Z. Shmina & Sons Company hereby agrees to the proposed project being resubmitted for bids. Dennis Boyle DB:paf rs very trul DENINlis BoYLE A,TToRTNIEY AND COUNSELOR, pr,donBsco-r 5uILD11-4 DETROIT 26, MIci-llo.4„N WooD,,,,Trw 2-.-3ese July Z1, 1959 Oakland County Board of Supervisors Court House Office Bldg, 1 Lafayette Street Pontiac, Michigan Gentlemen; On behalf of and as attorney for Frank Scruggs Jr., in cause No. C-31215 entitled "Frank Scruggs Jr. vs. Oakland County Board of Supervisors in the Circuit Court in the County of Oakland County, 1N CHANCERY, I hereby advise and agree that if the proposed project, The Construction of the First Unit of the Oakland County Court House, Pontiac, Michigan' is resubmitted for bids, the appeal of Frank Scruggs Jr. to the Supreme Court of the State of Michigan, which was filed under date of June 14, 1959, will be withdrawn and dismissed and no further action or proceedings shall be taken in the matter. Dennis Boyle DB:pat PIPE FABRICATING VENTILATING AIR CONDITIONING PLUMBING HEATING INDUSTRIAL PIPING TELEPHONE WOODWARD 1-0840 DETROIT 26 July 31, 1959 J. H. Spitz President lit. L. Spit.Z1CV Heating 1200 FORT STREET WEST Oakland County Board of Auditors Court House Office Building No. 1 Lafayette Street Pontiac 15, Michigan Attention: Mr. John C. Austin, Vice- Chairman Gentlemen: We 'hereby release the County of Oakland from our bid submitted under date of April 21, 1959 for the Oakland County Court House; and we hereby waive all rights and remedies which we may have against the County of Oakland for damages from or growing out of the submission and acceptance of bids in this matVir. Very truly yours, R. L. SPITZLEY HEATING COMPANY JES:mas cc: Mr. Harry Denyes Misc. 3555 Discussion followed. ATZ,S: Alward, Bender, Bonner, Calhoun, Cardon, Carey, Cheyz, Christensen, Clack, Clawson, Croteau, Cummings, Davis, Dickens, Dohany, J. W. Duncan, R. Duncan, Elliott, Fouts, Frid, Goodspeed, Hall, Hamlin, Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, liorkey, Horton, Huber, Hulet, Hursfall, Ingraham, Johnson, Kiser, Knowles, Lahti, Levinson, MacDonald, Majer, McGovern, McPherson, Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell, OTDonoghue, Oflenbrg, Char, Osgood, Quinlan, Ransom, Remer, Rhinevault, Schock, Semann, Sinclair, F. Smith, W. Smith, Solley, Staman, Stevens, Swanson, Taylor, '!:Tlatcher, Tiley, Tinsman, Veil, Yoekey, (72: NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. /- 1959 ;;;^,. \ \ \ - C / \ / acl 4 AI t ' /- / / , i / .4- 73 , / rw '