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HomeMy WebLinkAboutRES 1983-027 CITY OF GRAPEVINE RESOLUTION NO. 8 3-2 7 A RESOLUTION MAKING FINDINGS OF CERTAIN FACTS RE- LATIVE TO THE AWARD OF A CONTRACT TO THE LOWEST, RESPONSIBLE CONTRACTOR TO WIDEN AND PAVE TIMBERLINE DRIVE FROM MUSTANG DRIVE TO STATE HIGH- WAY 12� AFTER CONSIDERATION OF ANY EVIDENCE PRE- SENTED ON THE QUESTION OF THE AWARD PURSUANT TO � TEX. REV. CN. STAT. ANN., ART. 2368a.3; AWARDING OF A CONTRACT TO APAC - TEXAS, INC.; PROVIDING A SEVER- ABILITY CLAUSE AND DECLARING AN EMERGENCY. � WHEREAS, the City Council did authorize the City Staff and the City's consulting engineering firm, Freese and Nichols, Inc. of Fort Worth, Texas to prepare detailed construction plans and specifications for the widening and improving of Timberline Drive from Mustang Drive to S.H. 121 and to advertise for competitive bids on said project in accordance with Tex. Rev. Civ. Stat. Ann., Art. 2368a; and WHEREAS, said plans were prepared and construction bids were sought after all public notice and other requirements of Tex. Rev. Civ. Stat. Ann., Art. 2368a had been complied with; and WHEREAS, the Timberline Drive project is a project that will require a seasoned and experienced contractor due to the size and magnitude of the project, the proximity of residential development and the vehicular and pedestrian traffic along said roadway; and WHEREAS, seven (7) bids were received and a detailed tabulation, compilation and evaluation of the bids was made and conducted by the City Staff and Freese and Nichols; and WHEREAS, Atkin Brothers Equipment Co., Inc. submitted the lowest bid � with a bid of $1,132,002.01 and APAC - Texas, Inc. submitted the second lowest bid with a bid of $1,150,630.42; and � WHEREAS, a review of the projects done by Atkins Brothers Equipment Co., Inc. reflects no projects that were performed by employees of Atkins Brothers Equipment Co., Inc. and that were in excess of $1,000,000 and that on most of the projects of somewhat comparable size the principal portions of the work were done by sub-contractors and not by Atkins Brothers Equipment Co., Inc.; and WHEREAS, the City Staff and its Consulting Engineering Firm, Freese and Nichols, Inc., have concluded that the second lowest bidder, APAC - Texas, Inc., is the lowest, responsible bidder due to its substantial experience in constructing major street and highway projects and in comparison to the lowest bidder, said APAC - Texas, Inc. (formerly Texas Bitulithic Co.) is the lowest, responsible bidder; and WHEREAS, notice of the proposed award was given to Atkins Brothers Equipment Co., Inc. and said bidder was given an opportunity to appear before the City Council to present evidence concerning its responsibility all in accordance with and pursuant to Tex. Rev. Civ. Stat. Ann., Art. 2368a.3; and WHEREAS, the City Council has concluded, based on all of the evidence presented and within its own personal knowledge, that the lowest, responsible �' bidder on the subject Timberline Drive paving project is APAC - Texas, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE �"' CITY OF GRAPEVINE, TEXAS: Section 1. That all of the statements contained in the preamble are found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the paving contract for the Timberline Drive �roject, as contained in the plans and specifications prepared by Freese and Nichols, Inc., which plans and specifications are hereby approved, is hereby awarded to APAC - Texas, Inc., in the total amount of $1,150,630.42, and the City Council finds that APAC - Te�as, Inc. is the lowest, responsible bidder. Section 3. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereto to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the resolution; anci the City Council hereby declares it would have passed such �^ remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. ; F �,,, Section 4. Emergency. The fact that the present resolutions and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this resolution shall become effective from and after the date of its passage and it is accordingly so ordained. DULY PASSED by the City Council of the City of Grapevine, Texas, this the llth day of July , 1983. ,n Mayor, C y of Grapevine, Texas APPROVED AS TO FORM: � � �� i City Attorney � ATTEST: City Secretary [SEAL] � �rr.w►