HomeMy WebLinkAbout1985-0650923L
r
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or improve-
ments in accordance with the procedures of state law and City
ordinanes, and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore, and
WHEREAS, Section 2 36 (f) of
that the City Council approve
$3,000, and
the Code of Ordinances requires
all expenditures of more than
WHEREAS, Section 2 09 of the City Charter requires that every
act of the Council providing for the expenditure of funds or for
the contracting of indebtedness shall be by ordinance, NOW,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION
That the following competitive bids for the construction of
public works or improvements, as described in the "Bid Invita-
tions", "Bid Proposals' or plans and specifications attached
hereto are hereby accepted and approved as being the lowest
responsible bids
BID NUMBER CONTRACTOR AMOUNT
9410 Jagoe-Public Company $86,412 00
SECTION II
That the acceptance and approval of the above competititve
bids shall not constitute a contract between the City and the
person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person
shall comply with all requirements specified in the Notice to
Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification
of the award of the bid
SECTION III
That the City Manager is hereby authorzied to excecute all
necessary written contracts for the performance of the
construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards,
quantitites and specified sums contained therein
PAGE ONE
SECTION IV
That upon acceptance and approval of the above competitive
bids and the execution of contracts for the public works and
improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized
contracts executed pursuant thereto
SECTION V
That this ordinance shall become effective immediately upon
its passage and approval A
PASSED AND APPROVED this the day of April, 1985
ATTEST
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE TWO
W,
CONTRACT AGREEMENT
STATE OF TEXAS )(
COUNTY OF DEfJON )
THIS AGREEMENT, made and entered into this 5 day
of April A.D., 19 85 , by and between The City of
Denton, Texas
of the County of Denton and State of Texas, acting
through G. Chris Hartung, City Manager
thereun.to duly authorized so to do, Party of the First Part,
hereinafter termed the OWNER, and Sagoe-Public Co.,
P.O. Box 250
of the City of Denton , County of Denton
and state of Texas Party of the Second Part,
hereinafter termed CGNTRACI'OR.
WITNESSETH: That for and in consideration of the payments
_ and agreements hereinafter mentioned, to be made and performed
by the Party of the. First part (OWNER), and under the
conditions. expressed in the bonds bearing even date, herewith,
the said Party of the Second Part (CUNTRACTUR) hereby agrees
with the said Party of the First Part (OWNER) to commence and
complete the construction of. certain improvements described as
follows:
Bid #9410 - Woodrow -Spencer Steet Tie-in
Purchase Order #67588
and all extra work in connection therewitn, under the terms as
stated in the General Conditions of the agreement; and at his
(or their) own proper cost and expense _ to furnish all
materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, ana other accessories ana
services necessary to complete the said construction, in
accordance with the conditions ana prices stated in the
Proposal attached hereto, and in accordance with all the
General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for bids), Instructions to
Bidders, and the Performance and Payment bonds, all attached
hereto, and in accordance with the plans, which includes all
mats, plats, blueprints, and other drawings and printed or
CA-1
written explanatory matter tnereof, and the Specifications
therefore, as prepared by Jerry Clark, City Engineer
all of which are made a part hereof and collectively evidence
and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after.
the date established for the start of work as set forth in
written notice to commence work and complete all work within
the time stated in the Proposal, subject to such extensions of
time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTUR in current funds the
price or prices shown in the Proposal, wnich forms a part. of
this contract, such payments to be subject to the General and
Special Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
City of Denton
Party of the First Part,
(Owner)
+ -G: Chris
� a
ATTEST`
, City
APPROVED AS TO FOR.,i:
City t orney
CA-2
'arty of the second Part,
(contracor
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
P.O. Box 250, Denton, Texas 76201
Jagoe—Public Company
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, Seaboard Surety Company
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Eighty Six Thousand Four Hundred
Twelve and 20/100
------ Dollars ($ 86,412.20
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated April 5 , 19 85 entered into a contract with Owner for
Bid #94-10, Woodrow —Spencer steet and paving improvements
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND •AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.V. AVE., N.W., WASHINGTON, D. C..20006
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with Its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
Signed and sealed this 5th day of
(Wilne>s)
CORROON & BLACK/ELLIS CROTTY POWERS
8300 DOUGLAS AVE. SUITE 700
DALLAS. TEXAS 75225
Tel. (214) 987-2100
J
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term 'balance
of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
April 1985
-Public Company
YriTillc)
l/ — ✓ e s - u—. ✓t d v� C, 4t--
Seaboard Surety Company
G. E. Easley,-
(NorNy)
AIA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. • AIA O
TEBRUARY 1970 ED. • THE AMERICAN INSTITUTE Or ARCHITECIS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
ts� 0
n-fact
0
,2r
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Jagoe—Public Company
(Here insert full name and address or legal title of Contractor)
P. 0. Box 250, Denton, Texas 76201
as Principal, hereinafter called Principal, and, Seaboard Surety Company
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton
Mere insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of Eighty Six Thousand Four Hundred Twelve and 20/100-------
(Here insert a sum equal to at least one-haif of the contract price) Dollars ($ 86 , 412 . 20
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated April 5 , 19 85 entered into a contract with Owner for
Bid #94-10, Woodrow —Spencer street and paving improvements
in accordance with Drawings and Specifications prepared by
'f (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE. BOND AND LABOR AND MATERIAL PAYMENT BOND AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3
,14
:1
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials
for which said claim is made, stating with substantial
Signed and sealed this 5th day of
v
(Witness)
CORROON & BLACK/ELLIS GROTTY POWERS
8300 DOUGLAS AVE. SUITE 700
DALLAS, TEXAS 75225
Tel. (214) 987-2100
J
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail; postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer. -
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
April 19 85
�% — (Title)
Seaboard Surety Company
(Surely)
V- r,. Easley, (Tit tr) Arrorney-in—r
AIA DOCUMENT A711 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA Os +t
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 20(06, '1
v�,bc�vc
MAINTENANCE BOND
KNOT•'.ALL MEN BY THESE PRESENTS, that we, Jagoe-Public Company
as Principal, and
Seaboard Surety Company as Surety, are held
and firmly bound unto City of Denton
(hereinafter called the Obligee) in the penal sum of Eight Hundred
Sixty Four and 00/100----------------------- Dollars ($ 864.00 )
to which payment well and truly to be made in lawful money of the United
States we hereby bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal
entered into a contract with the Obligee dated April 5, 1985
for Bid #94-10 Woodrow -Spencer street and paving improvements
AND, WHEREAS, the Obligee requires a guarantee from the Principal
against defective materials and workmanship in connection with said
contract;
NOT!, THEREFORE, if the Principal shall make any repairs or replacements
which may become necessary during the period of one year (1)
from date of acceptance because of defective materials or
workmanship in connection with said contract, of which defectiveness
the Obligee shall give the Principal and Surety written notice within
fifteen (15) days after discovery thereof, then this obligation shall
be void; otherwise it shall be in full force and effect.
All suits at law or proceedings in equity to recover on this bond
must be instituted within twelve (12) months after the expiration
of the maintenance period provided for herein.
Signed, sealed and dated this
CORROON & BLACK/ELLIS CROTTY POWERS
8300 DOUGLAS AVE. SUITE 700
DALLAS, TEXAS 75225
Tel. (214) 987-2100
5th day of April , 19 85
Company
Surety
y Attorney=rnFact
CjCO�Pilloyl
ISSUE DATE (MM/DD/YY')
®
4/12/85
PRODUCER CORROON & BLACK/
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
F7.T.TR CR pY rmm- s & CCPlwazY, Er.
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
8300 D0U(ZM AVENUE, SUITE 700
DALIAS, TKMS 75225
COMPANIES AFFORDING COVERAGE
COMPANY A N(]j�_,II3 RLVE,,l INSURANCd: CCY`naIIi
LETTER
COMPANY LETTER B L*II'IW� MIONAL INSURANCE corm ,n
INSURED
JAGDE-PUBLIC COMPANY
P. O. BOX 250
COMPANY
LETTER C MISSION NATIONAL INSURANLE COMPANY
DENYON, . TE>V S 76201
COMPANY p
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
LT
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MWDDMO
POLICY EXPIRATION
DATE NIWDD/WI
LIABILITY LIMITS IN THOUSANDS
EACH
no
BODILY
OCCURRENCE
AGGREGATE
$
GENERAL
LIABILITY
COMPREHENSIVE FORM
INJURY
R
PREMISETOPERATIONS
UNDERGROUND
540 782 641 8
0-1-84
0-1-85
PROPERTY
DAMAGE
$
$
J_
D(PLOSION & COLLAPSE HAZARD
E
PRODUCTS/COMPLETED OPERATIONS
R
CONTRACTUAL
COMBINED
$500,
!i00,
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
-
PERSONAL INJURY
PERSONAL INJURY00,
ROAD FOFM 07
AUTOMOBILE
LIABILITY
BONLY
IURY
$
$
ANY AUTO
OU KRSW
OWLY
IKM
$
ALL OWNED AUTOS (PRIV. PASS.)
}{
THAN)
ALL OWNED AUTOS PRHV PAS.
140 765 541 0
10-1-34
110-1-85
1E4A Mg0FND
HIRED AUTOS
PROPERTY
X.
X
NON-GWNED AUTOS
DAMAGE
$
GARAGE LIABILITY
81 & PD
$ 500,
EXCESS LIABILITY
�{ UMBRELLA FORM
MN 03 58 17
0-1-94
0-1-85
SOMBNED
��pp0
�, pOp
OTHER THAN UMBRELLA FORM
�•
408 367 914
10-1-84
10-1-85
STATUTORY
WORKERS' COMPENSATION
�00 (EACH ACCIDENT)
AND
0^0 (DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
Pr
"2SL0a (DISEASE -EACH EMPLOYEE)
wing improvements
OTHER
JOB: BID #94-10, Vbodro
Spencer Etreet
and
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
SHOULD ANY OF THEE-AB4YE, DESCRIBED. POLICIES BE NCELLED BEFORE4HE EX-
PIRATIO{� DATE THEREOF, THE ISSUING CO !\WILL ENDER R TO
10
CITY OF DENTON
MAIL DAYS WRITTEN NOTICE TO THE CW A . XJL9ER NAMED TO THE
[AUTHORIZED
LEFT, BUT FAILURE TO L- CHNOTICE SHALL IMP OBI K' ' N OR UABILTTY
DENTON, TEXAS
OF ANY KIND UPON fl R 1. -
REPR TAT E CORROON &inis
C101TI �L^. & OQDFP4Y LV
�..wtnw... u.aswow
Wafflu •,
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
For the Construction of
Bell -Eagle Intersection Improvements
Spencer -Woodrow Tie -In
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or
parties interested in this proposal as principals are those
named herein, that this proposal is made without collusion with
any other person, firm or corporation; that he has carefully
examined the form of contract. Notice to Bidders, specifications
and the plans therein referred to, and has carefully examined
the locations, conditions, and classes of materials of the
- proposed work and agrees that he will provide all the necessary
labor, machinery, tools, apparatus, and other items incidental
to construction, and will do all the work and furnish all the.
materials called for in the contract and specifications in the
manner prescribed therein and according to the requirements of
the City as therein set forth.
It is understood that the following quantities of work to be
done at unit prices are approximate only, and are intended
principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit
prices and material to be furnished may be increased or
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and contem-
plated, and that all quantities of work whether increased or
decreased are to be performed at the unit prices set forth
below except as provided for in the specifications.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but not shown on the
plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
P - 1
It is understood and agreed that the work is to be, completed in
full within thirty (3O) working days - Bell Eagle -Intersection
thirty (30) working days - Spencer -Woodrow Tie -In
Accompanying this proposal is a certified or cashier's check or
Bid Bond, payable to the Owner, in the amount of five percent
of the total bid.
It is understood that the bid security accompanying this pro-
posal shall be returned to the bidder, unless in case of the
acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within.
fifteen days after its acceptance, in which case the bid
security shall become the property of the Owner, and shall be
considered as payment for damages due to delay and other
inconveniences suffered by the Owner on account of such failure
of the bidder. It is understood that the Owner reserves the
right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all
of whatever nature required, in strict accordance with the
plans and specifications, for the following sum or prices,
wit:
P - 2
work
to
BID s 9410
SPENCER-WOODROW TIE-IN
BID TABULATION SHEET
Item
Oescriotion Bid Ouantity
Unit Price
Ext Total
100
Preparation of Right -of -Way
lump
sum
$ O o00 IL-S.
$ /D nnn.o?
110
Unclassified Excavation
1217
C.Y.
$ /,.75 /C,Y,
$ 7 q 75
132
Compacted Fill
730
C.Y.
$ .Q0 /C.Y.
$ C.00
260
6" Line Subgrade.
4495
S.Y.
$ i,a:5' /S,y,
$ G/ ,75
264.
Type A --Hydrated Line
40
T.N.
$-2L/T.N.
340-A1
4 1/2" Asphalt Base Type " "
4075
S.Y.
$ /S.Y.
$3�%23o.ca
340-A2
1 1/2" Asphalt Base Type "D"
4075
S.Y.
$.Z,95/S.y,
$/2.02/•25
432
Concrete Ripcap
33
L.F.
$ /L.F.
465-A
4819'RCP
45
L.F.
L.F..
$ 3oc.00
465-8
48" Safety Ends (G:1)
I
S.A.
$/8Gb /E.A..
$ /,poo,o=
470
Junction Box
1
E.A.
$3,000"/E.A.
$ 3eoo.00
522
Concrete Curb and Gutter
836
L.F.
$ 75 /L.F.
' $g o�
524
Concrete-Flatwork
23.S.Y.
$ems/S.y.
$: (
BID TOTAL
$_�G �2 2 0
^ .1
BID # 9410
PO#
BELL -EAGLE INTERSECTION IMPROVEMENTS
BID TABULATION SHEET
Item Description Bid Quantity Unit Price
100
Preparation of Right -of -Way
L.S.
$
/L.S.
$
104-A
Remove Concrete Pavement
200
S.Y.
$
/S.Y.
$
104-B
Remove Curb & Gutter
23
L.F.
$
/L.F.
$
.04-B1
Remove Integral Curb
915
L.F.
$
/L.F.
$
260-S
Trevira Paving Mat
1024
S.Y..
$
/S.Y.
$
360
8" Concrete Pavement
1024
S.Y.
$
/S.Y.
$
432
Class B Concrete Riprap
470
S.Y..
$
/S.Y.
$
520
Integral Curb
2000
L.F.
$
/L.F.
$
S P-2
Sawcut (Existing Concrete)
150
L.F.-
$
/L.F.
$
dendum Received
ternate #1
432-S "Pavestone" Unistone
TOTAL BID $
470 S.Y. $ /S.Y.
$
P-3
BID SUMMARY
TOTAL BID PRICE IN WORDS
r r r
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond
,for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to
insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful -claims for
labor performed and materials furnished in the fulfillment of
the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with
the plans and specifications, to the satisfaction of the
Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as
correct and final.
Onit and lump -sum prices. as shown -for each item. listed in this
proposal, shall coatr.ol over extensions.
V � / ✓CS. - /�/ ✓la yr Cp
Street Address
,D n-7�'op %x. 762aZ
City and State
6 Authorization
Corporation)
Telephone
P - 5
DATE: April 2, 1985
CITY COUNCIL REPURT FORMAT
TO:
Mayor and Members of the City Council
DRUM:
G. Chris Ilartung, City Manager
SUBJ 6CT:
BID #9410 BELL-EAGLE/WOODROW-SPENCER INTERSECTIONS...
IMPROVEMENTS
ILfiCUMDIENUATION: We recommend this bid as submitted for both Bell -Eagle and
Spencer -Woodrow be rejected. We then recommend that the alternate
low bid be accepted for the Spencer -Woodrow Intersection, as
submitted by Jagoe Public Co., for $86,412.20.
We submitted this bid to several vendors of which Calvert Paving
SUt•1M AR Y:
and Jagoe Public are local contractors. 'We received only one
bid complete from Calvert Paving for the total of $182,640.45.
After careful evaluation and consideration, we found that the
Bell-EAgle project was bid some $32,000.00 more than our budgeted
amount. We, therefore, cannot award this portion of the bid.
Jagoe Public bid an alternate on Spencer -Woodrow only, with a
BACKGROUND:
total of $86,412.00 as shown on the attached bid proposal sheet.
Tabulation Sheet and Bid Proposal
I'ItUGItAi•1S I)E1'AR-011:I+TS Olt G11UUFS AFFECTED.
Capitol. Improvements to connect the intersection of
new -old Woodrow and Spencer Road.
FISCAL 114FACT:
ltespectfuiiy submitted:
T"-LI rr►s'lla L'uug
City Manager
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tie Purchasing Agent
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LEGAL DEPARTMENT
MEMORANDUM
Debra Adami Drayovitch, City Attorney
Joe D. Morris, Assistant City Attorney
Robert B. Bunter, Assistant City Attorney
TO: Rick Svehla, Assistant City Manager ''f;cza iw�rn�
FROM: Debra A. Drayov itch, City Attorney
SUBJECT: Bell -Eagle & Woodrow -Spencer Bids APR 11985
DATE: March 27, 1985 CITE' Uf DEVTON
PURCHASING DEPT.
You have requested an opinion as to whether the City may legally
reject all bids on the above -referenced projects and then award a
bid to a bidder who bid on only one of the street projects. The
relevant bid specifications do not provide that a bid can be made
on one, project or .both; however, the specifications contain two
separate bid tabulation sheets: one for Bell -Eagle and one for
Woodrow -Spencer. Calvert Paving Corporation filled out both
tabulation sheets and Jagoe-Public Company only filled out the
tabulation sheet for the Spencer -Woodrow project.
The first issue presented is whether the City Council has the
legal right to reject all bids. on the Bell -Eagle project and then
accept the low bid on the Spencer -Woodrow project. The law is
quite clear that the statutory bidding process contemplates that
all bidders be placed upon the same plane of equality and that
they each bid upon the same terms and conditions involved in all
the items and parts of the contract and that the proposal specify
as to all bids the same or substantially similar specifications..
Sterrett v. Bell, 240 S.W.2d 516, 520 (Tex.Civ.App.-Dallas 1951,
no writ).
In addition, the law is well settled that a governing body may not
accept a bid. with conditions different from those set out in the
bid specifications- See Attorney General Opinion MW-449 (1982).
Texas Hiahwav Commission v.. Texas Association of Steel Importers,
Inc., 525, 427 (Tex. 1963); Sterrett v. beil, supra.
Furthermore, a governing body may not accept a bid which is not
based upon advertised specifications. This requirement cannot be
satisfied when a bid is qualified in a manner not contemplated by
the specifications, i.e., when it is not based upon the criteria
by which all bidders are given to understand their bids will be
judged. See Attorney General Opinion MW-299 (1981).
Rick Svehla
March 27, 1985
Page Two
In the presentfact situation, the bid specifications provide for
two tabulation sheets, indicating to the bidder that he may bid
on one or both projects. As the bid specifications provide for
two tabulation sheets, I assume that Staff intended to have the
discretion to accept the bids for one, or both projects.
Certainly, Jagoe thought it could bid on one project and not the
other. Moreover, Calvert submitted its costs on both projects
and would be hard pressed to claim that the costs indicated for
the Spencer -Woodrow tie-in did not in fact constitute its bid for
that project.
Should Calvert claim that it did not understand that it could
submit a bid on one project and not both,. another legal issue is
presented, to -wit: are the specifications clear and
unambiguous? Obviously, Calvert would have a good argument that
they are not.. In that event, case law dictates that the
governing body not accept the bids and rebid so that all bidders
have an opportunity to bid on the same basis.
CONCLUSION
From the format of the bid specifications, it appears reasonable
that a bidder may submit a bid on one or both projects. Indeed,
Jagoe obviously thought this was the case. Accordingly, the City
Council may reject the bids on the Bell -Eagle project and accept
the low bid on the Spencer -Woodrow project. However, Calvert
might have a good argument that the bid specifications are
ambiguous and unclear, in which event the bids should be
rejected. As Calvert has split out the two bids and the bid on
Woodrow -Spencer is $14,000 higher than Jagoe's, he would be hard
pressed to complain.
Should you have any questions relative to this matter, please
advise.
DAD: js
xc: Chris Hartung
John Marshall