WCS Shares Bid Concerns With Lawyer For Contractor
July 28, 2016 at 4:25 p.m.
By David [email protected]
Thursday at 11 a.m., they got an answer, even though the school board officially hasn't approved any bids for the projects.
The special school board meeting Thursday opened with a chance for public comment.
Attorney Daniel M. Drewry, with Drewry Simmons Vornehm LLP, Indianapolis, representing Fetters Construction Inc., Auburn, told the board that over the past two weeks, the company raised concerns about Warsaw's bidding process. Despite their concerns, Fetters has not been told of any issues the school board has with Fetters' bid, Drewry said.[[In-content Ad]]He said Fetters was more than happy to answer any questions the board has. Fetters' concern with the bid process already has been noted in their notice of bid protest, at the Feb. 23 board meeting and in other correspondences.
If the board approves any other company besides Fetters, who Drewry said is the lowest bidder, he said they would take appropriate action. If the board throws out all the bids and starts over, he said Fetters would not complain. However, if the board accepts Fetters as the lowest and responsible bid, Drewry said Fetters would build the best schools for the corporation's money.
School board member and facilities committee member Ron Yeiter then gave the board a report on the committee's March 4 meeting.
According to the report, the committee reconvened with the intent to review and make its findings for the board's consideration based on the bids submitted and information collected.
Following discussion, Yeiter said, the committee agreed to recommend the acceptance of 14 alternates for the projects. Using these selected alternates, the two low bidders were Fetters Construction and Corporate Construction Inc. CCI's bid was $160,400 higher than Fetters.
Based upon the decision regarding the alternates, the committee first reviewed the bid and supplemental information obtained regarding Fetters.
The committee, Yeiter said, voiced the following five concerns regarding Fetters.
1. Problems with the quality of Fetters' work that was experienced on the recently completed Warsaw Community High School project, including quality issues with the block and the interior brick work performed by Fetters.
2. Fetters' financials were incomplete.
3. Investigation with area school districts regarding their experience with Fetters on their projects revealed that these other school districts had sporadic quality issues with Fetters' work as well as problems with the timeliness of Fetters' work. They also noted that Fetters took steps to remedy the problems.
4. The committee has been advised that Fetters has made at least two calls to a board member after the bid opening despite the bid instructions providing that all questions are to go through the architect.
5. The committee has concern about Fetters' capacity to undertake both projects simultaneously.
Yeiter said the committee next reviewed the bid and supplemental information obtained regarding CCI.
As to CCI, the committee noted three things: the reference calls were all positive for CCI; CCI's financials were complete and strong; the committee has concern about CCI's capacity to undertake both projects simultaneously.
The school board then approved the facilities committee's report by a vote of 6 to 0 with Board Vice President Dan Robinson abstaining.
Drewry then responded to the facilities committee report. He said Fetters provided all the financial information required. As for quality of Fetters' work, he said Fetters stands by all the nearly 40 projects they have done. Regarding the WCHS project, he said, it was completed to the architect's and school corporation's satisfaction.
Bids for the project were opened Jan. 20. On Jan. 28, according to Drewry at the Feb. 23 board meeting, Kovert Hawkins issued a letter to Fetters in which it noted that four bidders had been identified as responsive and responsible bidders: Fetters, Visser Brothers Inc., Corporate Construction Inc. and W.A. Sheets and Sons Inc.
According to the notice of protest, "We understand that on or before Feb. 17, (Warsaw Schools) through its facilities committee and/or board of trustees, held a closed meeting to complete its review of the bids received at the bid opening and award the general construction contract(s) for the project. This meeting was neither advertised nor held open to the public. On Feb. 17, (Warsaw Schools) advised (Kovert Hawkins) of its decision to award the general construction contract to CCI. (Kovert Hawkins) confirmed (Warsaw School's) decision in its Feb. 18 Notice of Award to all bidding contractors."
Under Title 36 of the Indiana Code, Drewry said Feb. 23, a public agency must award the contract to the "lowest responsible and responsive bidder." The other option by WCS is to reject all bids and to rebid the project.
At the Feb. 23 meeting, Jamie Lake, representing the architectural firm for the project, Kovert Hawkins, announced the bids on all four elementary school projects.
The next school board meeting is at 9:30 a.m. Monday at the central office.
Thursday at 11 a.m., they got an answer, even though the school board officially hasn't approved any bids for the projects.
The special school board meeting Thursday opened with a chance for public comment.
Attorney Daniel M. Drewry, with Drewry Simmons Vornehm LLP, Indianapolis, representing Fetters Construction Inc., Auburn, told the board that over the past two weeks, the company raised concerns about Warsaw's bidding process. Despite their concerns, Fetters has not been told of any issues the school board has with Fetters' bid, Drewry said.[[In-content Ad]]He said Fetters was more than happy to answer any questions the board has. Fetters' concern with the bid process already has been noted in their notice of bid protest, at the Feb. 23 board meeting and in other correspondences.
If the board approves any other company besides Fetters, who Drewry said is the lowest bidder, he said they would take appropriate action. If the board throws out all the bids and starts over, he said Fetters would not complain. However, if the board accepts Fetters as the lowest and responsible bid, Drewry said Fetters would build the best schools for the corporation's money.
School board member and facilities committee member Ron Yeiter then gave the board a report on the committee's March 4 meeting.
According to the report, the committee reconvened with the intent to review and make its findings for the board's consideration based on the bids submitted and information collected.
Following discussion, Yeiter said, the committee agreed to recommend the acceptance of 14 alternates for the projects. Using these selected alternates, the two low bidders were Fetters Construction and Corporate Construction Inc. CCI's bid was $160,400 higher than Fetters.
Based upon the decision regarding the alternates, the committee first reviewed the bid and supplemental information obtained regarding Fetters.
The committee, Yeiter said, voiced the following five concerns regarding Fetters.
1. Problems with the quality of Fetters' work that was experienced on the recently completed Warsaw Community High School project, including quality issues with the block and the interior brick work performed by Fetters.
2. Fetters' financials were incomplete.
3. Investigation with area school districts regarding their experience with Fetters on their projects revealed that these other school districts had sporadic quality issues with Fetters' work as well as problems with the timeliness of Fetters' work. They also noted that Fetters took steps to remedy the problems.
4. The committee has been advised that Fetters has made at least two calls to a board member after the bid opening despite the bid instructions providing that all questions are to go through the architect.
5. The committee has concern about Fetters' capacity to undertake both projects simultaneously.
Yeiter said the committee next reviewed the bid and supplemental information obtained regarding CCI.
As to CCI, the committee noted three things: the reference calls were all positive for CCI; CCI's financials were complete and strong; the committee has concern about CCI's capacity to undertake both projects simultaneously.
The school board then approved the facilities committee's report by a vote of 6 to 0 with Board Vice President Dan Robinson abstaining.
Drewry then responded to the facilities committee report. He said Fetters provided all the financial information required. As for quality of Fetters' work, he said Fetters stands by all the nearly 40 projects they have done. Regarding the WCHS project, he said, it was completed to the architect's and school corporation's satisfaction.
Bids for the project were opened Jan. 20. On Jan. 28, according to Drewry at the Feb. 23 board meeting, Kovert Hawkins issued a letter to Fetters in which it noted that four bidders had been identified as responsive and responsible bidders: Fetters, Visser Brothers Inc., Corporate Construction Inc. and W.A. Sheets and Sons Inc.
According to the notice of protest, "We understand that on or before Feb. 17, (Warsaw Schools) through its facilities committee and/or board of trustees, held a closed meeting to complete its review of the bids received at the bid opening and award the general construction contract(s) for the project. This meeting was neither advertised nor held open to the public. On Feb. 17, (Warsaw Schools) advised (Kovert Hawkins) of its decision to award the general construction contract to CCI. (Kovert Hawkins) confirmed (Warsaw School's) decision in its Feb. 18 Notice of Award to all bidding contractors."
Under Title 36 of the Indiana Code, Drewry said Feb. 23, a public agency must award the contract to the "lowest responsible and responsive bidder." The other option by WCS is to reject all bids and to rebid the project.
At the Feb. 23 meeting, Jamie Lake, representing the architectural firm for the project, Kovert Hawkins, announced the bids on all four elementary school projects.
The next school board meeting is at 9:30 a.m. Monday at the central office.
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