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1987-0321728L NO AN ORDINANCE ACCEPTING A COMPETITIVE BID AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, recexved and tabulated competitive bids for the construction of improvements to the Water Treatment Plant in accordance with the procedures of state law and City ordinances, and WHEREAS, art 601g, V T C S provides that a City may not award a contract for public works prooects to a nonresident bidder unless the nonresldent's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresldent's principal place of business is located, and WHEREAS, after diligent inquiry and investigation, and review of information supplied by Cajun Construction Company, the City Council hereby finds and determines that the lowest bidder in this project is a nonresident bidder and that said bidder's principal place of business is Louisiana, which state gives a preference to local bidders, and WHEREAS, the City Manager or a designated employee has received and recommended that the hereinafter described bid is the lowest responsible bid for the construction of the public works improvements described in the bid invitation, bid proposals and plans and specifications therefore, that meets the requirements of law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bid for the construction of public works improvements, as described in the "Bid Invita- tion'', "Bid Proposal" or plans and specifications attached hereto is hereby accepted and approved as being the lowest responsible bid for the upgrade of the Water Treatment Plant BID NUMBER CONTRACTOR AMOUNT 9657 Tonto Construction Co $3,592,000 00 SECTION II That the acceptance and approval of the above competitive bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works 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 authorized to execute all necessary written contracts for the performance of the construction of the public works improvements in accordance with the bid accepted and approved herein, provided that such contracts are made in accordance with the Notice to B~dders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained there~n SECTION IV That upon acceptance and approval of the above competitive bid 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 ~n the amount as specified in such approved bid and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become e£fect~ve immediately its passage and approval PASSED AND APPROVED this the 17th day of February, 1987 upon RAY~T~%YOR CITY OF DENTON, TEXAS ATTEST BR ~I~/~LTERS CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYO¥ITCH, CITY ATTORNEY CITY OF DENTON, TEXAS CITY COUNCIL REPORT DATE February 17, 1987 TO FROH SUBJECT Mayor and Members of the City Council Lloyd V Xarrell, City Manager Bid #965? Water Trea+.mmnt Pant Upgrade Phase II RECOISE~OATION., We recommend this bid be awarded to the low evaluated bid of Tonto Construction CO for $3,592,000 SU~R¥. This bid invitation was sent to prospective vendors all over the United States We received five bids as shown on the tabulation sheet The bids have been evaluated and we find, with a ruling from the City Attorney, that we must add a 5% (State preference law)to the bid of Cajun Construction This then makes Torito Construction the low evaulated bidder for $3,592,000 The Utilit~Board at their special called meeting on 2-10-87 recommended approval of the low bid Tonto Construction Co BACKGROUNp Tabulation Sheet Recommendation of Freese & Nichols Inc PROGRA~ DEPARTI~NTS OR GROUPS AFFECTED .... Utilities Water Production FXSCAL N~ACT There is no additional impact on the General Fund Respectfully submitted Lloyd V Harrell City Manager Prepared by Name John J Marshall Tttle Purchasing Agent Approved J~ame John J Marshall FEB CONSULTING ENGINEERS February 6, 1987 Mr C David Ham, P.E Dtrector of Water/Wastewater Utilities Service Center/Warehouse gO1-A Texas Street Denton, Texas 76201 Re Water Plant Upgrade ProJect Phase 2 Recommondatton for Award Dear Mr. Ham Btds were recetved at the Ctty of Denton Service Center for the construction of Phase 2 Water Treatment Plant Upgrade project on December 23, 1986. F1ve btds were submitted and a detalled breakdown of each btd ts shown on the attached b~d tabulatlon sheets. Zn addition, the b~ds have been evaluated based on the Texas Reciprocal Preference Law (House 8tll 620) ThJs law requires that out of state btdders from states having a preference law to underbid Texas contractors by the same amount as requtred In thetr state The btds recetved and the evaluated amounts are as follows Btdder/Res~denc~ Amount Evaluated Calendar Preference Btd Amount DaNs Law Reqmts Tonto Construction, Znc. Texas $3,592,000 $3,592,000 430 N/A Cajun Contractors, %nc. Louisiana $3,497,000 $3,671,850 425 5 percent Eby Construction, Inc $3,740,000 $3,740,000 450 N/A Texas BRB Contractors $3,790,000 $3,790,000 None No pre- Kansas Given ference reqmts. Red R~ver Construction $3,830,000 $3,831,000 540 N/A Texas The low actual dollar btd recetved was from Cajun Contractors, [nc whose principal place of bustness ts Jn the State of Lou(stana It ~s our understanding that the Ctty's Legal Department has determined the Texas 8 I ! LAMAR ETREET FORT WORTH TEXAB T8 I Ol TELEPHONE R I 7 33e ? I e I ~ METRO B I 7 4~R 1900 Mr C Oavtd Ham, P E February 6, 1987 Page 2 Reciprocal Preference law ts applicable to Cajun Contractors, Inc The State of Louisiana currently has a 5 percent preference requirement for out of state bidders and under the Texas reciprocal law, this requirement wt11 be applied to Cajun Contractors' btd amount Therefore, based on the evaluated bids, Torito Construction, [nc. becomes the low bidder Tonto Construction is a relatively new ftr~ which has been in operation since [985. Our Investigation of their experience record showed that they have not performed any water treatment plant type work under their present organization. The type projects that they have constructed are ptpellne and pump station facilities. The company has bid plant type work but has not been successful. Torito has proposed to use Hr Glenn A Landry as project manager and Hr John Nilltams as the project superintendent on the Denton project ge have conducted background reviews on each individual and the re- sults indicate that both are well qualified to perform the type work asso- ciated with this project. Mr. Landry has approximately 1[ years construc- tion and project management experience and Mr Nllltams has approximately 16 years experience on plant construction projects Ne have attached a copy of their resumes for your tnformtton. Ne have also reviewed the company's financial statements Tonto Construc- tion, Inc. ts owned by Tonto Group. Torito equipment Ltmtted (a part of Tonto Group) has provtded a letter pledgtng full financial support for Tonto Construction Co. Ne have attached the financial statements for both ftr~s. In addition, Tonto Construction, [nc. has submitted a letter which states the company's approximated retained earnings for [986 and their line of credit currently available Ne have confirmed the Line of Credit by tele- phone from the financial institution Based on the statements received, Tonto Construction, [nc. appears to be financially capable of performing the contract The City may desire to have their financial consultant review the statements should there be any questions The amount bid by Tonto Construction, Znc. is well within the budget of $4,000,000 established for this project Based on the revtew of the formation submitted and the results from the reference investigations, Freese and Nichols recommends that the contract for construction of Phase of the Nater Treatment Plant Upgrade project be awarded to Torito Construc- tion, [nc at their bid a~ount of $3,592,000. If you should have any ques- tions concerning this recomendatton, please advise. Respectfully submitted, FREESE AND NICHOLS, [NC. Robert F. Pence, P Eo RFP Jd (375) Attachments xc R E Nelson Stint Sundaramoorthy