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2005-232S90ur Documents\Ordinances\05\13id 3343 Ordinance.doc ORDINANCE NO. 200 Jam- 232 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF TWO 10,000 GALLON ABOVE GROUND FUEL STORAGE TANKS TO THE SECOND LOW BIDDER, SEPARATION SYSTEM CONSULTANTS, INC. DUE TO THE LOW BIDDER REFUSING TO HONOR A BID FOR ITEM 1 IN ORDINANCE NO. 2005-188; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3343-10,000 GALLON CON VAULT ABOVE GROUND FUEL STORAGE TANK FOR ITEM 1 TO SEPARATION SYSTEMS CONSULTANTS, INC.-$77,998) WHEREAS, pursuant to Ordinance No. 2005-188, dated July 19, 2005 (the "Approval Ordinance"), the City having solicited, received and tabulated competitive bids for the purchase of two 10,000 gallon above ground fuel storage tanks was awarded to Holloway Welding and Piping in accordance with the procedures of State law and City ordinances for the purchase of two 10,000 gallon above ground fuel storage tanks, at a total price of $71,152; and WHEREAS, during the preconstruction drawing review process, it was determined that the bid from Holloway Welding and Piping failed to meet specifications; and WHEREAS, the City's Purchasing Agent recommends that the contract be awarded to the second low bidder, Separation Systems Consultants, Inc. in the amount of $77,998 as being the lowest responsible bidder; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of two 10,000 gallon fuel storage tanks approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The bid of Separation Systems Consultants, Inc. for the numbered items in the following numbered bids for the above ground fuel storage tanks, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the lowest responsible bid for such items: BID NUMBER ITEM VENDOR AMOUNT 3251 1 Separation Systems $77,998 Consultants, Inc. SECTION 3. By the acceptance and approval of the above numbered item of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 5. By the acceptance and approval of the above numbered item of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -&& day day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: U"r~~ , oat APPROVED AS TO LEGAL FORM: EDWINM. SNYDER. CITY ATTORNEY BY: