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his attorney, that if the project is re-submitted for bids that the appeal will be withdrawn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
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