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<br />72
<br />
<br />TUESDAY
<br />
<br />JUNE 16, 1964
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<br />of the bids, described for Council the proceedings at the bid opening in which
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<br />a question arose as to the validity of the bid submitted by Ray D. Lowler, Inc.,
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<br />and as to the intent of this firm, for the construction of a portion 0/ the
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<br />Smith River Sewer Outfall. Council's attention was called to the fact that
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<br />instructions in the bid invitations directed each bidder to deduct from or add
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<br />to the base bid an amount, if any, if bidding on alternate materials and that
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<br />in such case the words "deduct from" and "add to" were to be marked through
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<br />appropriately to indicate whether such amount should be deducted from or added
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<br />to the base bid for determining the alternate bid. In the case of Ray D. Lowder,
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<br />Inc., an amount of $39,000.00 waS shown for an alternate bid but no indication
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<br />was given on the bid form as to whether this sum should be subtracted from or
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<br />added to the base bid of $350,000.00; however, it was reported that at the bid
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<br />opening representatives of Ray D. Lowder, Inc., voluntarily stated that the
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<br />figure of $39,000.00 should be--and was intended to be--subtracted from the base
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<br />bid. Council's attention was also called to the fact that this voluntary state-
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<br />ment was made prior to the opening of three other bids, including that of H. L.
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<br />Turner Construction Company, whose bid of $425,013.40 less $96,707.40 for a net
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<br />alternate bid of $328,306.00 was the lowest alternate bid submitted if the Lowder
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<br />alternate bid is ruled invalid. City Manager Hirst stated that, in his opinion,
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<br />the City may consider the Lowder bid as being valid and that the City may construe
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<br />the failure of the Lowder firm to mark through either the words "deduct from" or
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<br />"add to" as a prerogative of the City to compute such bid in the manner most
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<br />advantageous to the City. City Attorney Cubine, in a written opinion, stated
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<br />that the City could assume no such prerogative and, therefore, that the Lowder
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<br />bid should be considered invalid. After assuring all interested persons that there
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<br />is no intention of being other than fair in this matter and, upon advice of Wiley
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<br />& Wilson, Consulting Engineers, as to interpretation of the intent of the Lowder
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<br />firm, Council accepted the alternate bid of $311,000.00 submitted by Ray D. Lowder,
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