1994 02 24 CC Minutes, SpecialEd
MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 24, 1994
The City Council of the City of Baytown, Texas, met in special session on
February 24, 1994, at 5:15 p.m. in the Don H. Hullum Conference Room of the
Baytown City Hall with the following in attendance:
Eva Benavides
David Byford
Manuel Escontrias
E. Frank Hinds, Jr.
Stephen DonCarlos
Rolland J. Pruett
Pete C. Alf aro
Bobby Rountree
Norman Dykes
Ignacio Ramirez
Eileen P. Hall
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Asst. City Manager
City Attorney
City Clerk
The meeting was opened with a quorum present, after which the following
business was conducted:
Recess into Executive Session to Discuss Contemplated Litigation
Mayor Alfaro recessed the open meeting into executive session to discuss
contemplated litigation. When the open meeting reconvened, Mayor Alf aro announced
that no action was necessary as a result of the executive session.
Adjourn
There being no further business to be transacted, the special meeting was
adjourned.
Eileen P. Hall, City Clerk
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 24, 1994
The City Council of the City of Baytown, Texas, met in regular session on
February 24, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the
following in attendance:
Eva Benavides
David Byford
Manuel Escontrias
E. Frank Hinds, Jr.
Stephen DonCarlos
Rolland J. Pruett
Pete C. Alfaro
Bobby Rountree
Norman Dykes
Ignacio Ramirez
Eileen P. Hall
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Asst. City Manager
City Attorney
City Clerk
The meeting was opened with a quorum present, and Council Member Pruett
offered the invocation, after which the following business was conducted:
Consider Approval of the Minutes for the Regular Session Held on February 10, 1994
Council Member Escontrias moved for approval of the minutes for the regular
session held on February 10, 1994, as presented prior to the council meeting.
Council DonCarlos seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
Hold Public Hearing on Award of the Contract for the Expansion of the East
District Sewer Treatment Plant
Mayor Alfaro called to order the public hearing concerning the contract for the
expansion of the East District Sewer Treatment Plant, and asked everyone desiring to
speak at the hearing to sign the list in the lobby, if they had not already done so. This
list provided the speaking order for the hearing. He inquired if other people needed to
sign the register. The group with Basic Constructors indicated that Steve Shoedinger
would be arriving later; however, Mr. Shoedinger never arrived.
Mayor Alfaro administered the oath to everyone present desiring to testify.
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Minutes of the Regular Session - February 24, 1994
The Mayor explained that the hearing was being conducted in compliance with
the Texas Local Government Code Section 271.027 for the purpose of providing Basic
Constructors, Inc. an opportunity to present evidence of responsibility in connection
with the contract for the expansion of the East District Sewer Treatment Plant. He
emphasized that everyone desiring to present information at the hearing would be
given ample opportunity to do so, but encouraged each speaker to be as brief and to
the point as possible. He cautioned that this was not an adversary type proceeding,
and called upon Tom Myers to speak.
Mr. Myers stated that he was the attorney for Basic Constructors and would be
presenting evidence regarding Basic's responsibility in connection with this project.
He felt Basic to be the low, responsive, responsible bidder on the East District Water
Treatment Plant. However, the design engineer had recommended that the contract
be awarded to the second low contractor whose bid was approximately $14,000
higher than Basic's bid. Mr. Myers said the issue before council and the decision that
had to be made by council, and only by council, is whether or not Basic is a
responsible contractor. He emphasized that the determination would not be whether
or not Basic is more or less responsible than the other bidder. If Council found Basic
to be responsible, then Council would be obligated to award the contract to them
pursuant to the competitive bidding statutes in Texas. He emphasized the importance
to Basic both monetarily and with regard to reputation. He stressed that a finding
and award to the second low contractor is a finding by council that Basic is not
responsible; however, Basic would prove through evidence and testimony that Basic
is a responsible contractor and should be awarded the contract.
Employees of the company, as well as others voluntarily, on their own time,
were available to give testimony regarding Basic. These people had worked with
Basic in the past on other projects from an engineering standpoint and from an
owner's standpoint. Additionally, council earlier in the day, had been furnished with
a copy of a series of letters of recommendation from various engineering firms and
various municipal owners around the state, all of whom are attesting to Basic's
responsibility. The booklet was presented into evidence as part of the hearing.
Mr. Myers reiterated that the evidence would show that Basic is a responsible
contractor, and there is no reason for the council members to spend an additional
$ 14,000 of their constituents money in awarding the contract to the second low
bidder. He concluded by saying to not award the contract to Basic, would be an
arbitrary decision. He requested that Ed Baxter be allowed to speak next.
Mayor Alf aro recognized Ed Baxter, president of Basic Constructors, who stated
the company is a second generation, Houston family business, started by his father,
Joe Baxter, in 1948. In that forty -five year history Basic has completed over one -half
(01" billion dollars in construction contracts, ranging from a few thousand dollars each to
over twenty -three million dollars. Of this, seventy water and wastewater projects
valued in excess of $170,000,000 have been completed. He stressed that the
company is based on the principles of fair play, cooperation and trust, not only toward
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Minutes of the Regular Session - February 24, 1994
the owner and engineer, but also toward sub - contractors, for they realized early on,
that was the only way to be in the construction business for the years to come. Their
primary goal is to construct a quality job everyone can be proud of, where clients
don't have to worry about being short - changed. He admitted that there had been a
few disappointed clients out of the some 600 projects, a very few. Construction is
a complicated business. Many personalities are involved with the capacity for human
error not only in the actual construction, but also in the conceptual and design phases.
Everyone is party to building a one -of -a -kind structure in this business, and there is
always more than one side to any story. The company felt that any judgement passed
on Basic as to responsibility should not be isolated to one side of a very few incidents,
but must be based on the over all history of the company. He pointed out that the
company had yet to build a project that did not have some inconsistences in the
contract documents, because humans are not infallible. It is the manner in which the
team, the contractor, the engineer and the owner resolve these conflicts, which either
creates mutual respect or not. Basic believes in conflict avoidance. It is for this
reason that Basic writes to the engineer during the bidding process, attempting to
eliminate inconsistencies.
Mr. Baxter said that they also understand the wisdom in compromise and timely
resolution of conflicts. As such, they are one of the spearhead companies in Texas
to have encouraged owners and engineers to apply the new concepts of partnering
to four of their projects over the last two years. Partnering, although a new buzz
word, is nothing other than a formalized attempt to get back to the way the team
used to construct projects in his father's early years. The owner, the engineer and
the contractor meet at the beginning of the project and establish a charter of conduct
based on mutual respect, cooperation, fair play and they map out an orderly process
for conflict avoidance and resolution. He further submitted that their eagerness to
partner was not the expression of an irresponsible contractor.
In 1988 Basic constructed the five and one half million dollar Central District
Wastewater Treatment Plant, and back in 1968, the San Jacinto Methodist Hospital,
and Basic feels that both projects were successful.
On February 3 of this year, Basic submitted the low, responsive proposal to
construct East District Wastewater Treatment Plant Expansion. Mr. Baxter stated
when council awarded this project to them, they would complete it in accordance
with the contract documents, in the same highest quality for which they are known.
He asked council not to make this the first job in the company's 45 year history where
the owner elected to spend an additional $ 14,000 to award to the second bidder. He
mentioned that Basic had three representatives of previous clients who have flown
and driven to Baytown to speak on their behalf. Each individual will introduce
themselves and give their first -hand impression of Basic. Afterward, Mr. Grant will
give a brief statement. He concluded by saying that council should have a packet
with ten letters of recommendation; the resume of the proposed project manager, Mr.
Marcus Griffis, and a company brochure and qualification statement. He thanked
Council for giving him the opportunity to speak on behalf of his family business.
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Minutes of the Regular Session - February 24, 1994
Mayor Alfaro recognized Glenn Grant, who helped put together the bid on this
project for Basic Constructors, along with Marcus Griffis. During the bid phase of the
project, Mr. Grant wrote five letters concerning questions of the contract documents,
the plans. His intent on doing this was to correct any errors in the plans, any problems
he could see in the future to try and get all these things out in the open at the
beginning. This is the only chance a bidder has to talk about the contract. That was
his intent. When the addendum came out, it answered the questions and their bid
was produced per the plans, specs and the addendum. He emphasized that if he had
offended anybody, he apologized for it. He concluded by saying that Basic has a good
reputation, and he very much wish to uphold it.
Mayor Alf aro recognized Robin Green, who stated that he is currently employed
by the City of Houston as a Senior Engineer, but was not representing the City of
Houston at the hearing. He verified that he had not been offered any compensation
by Basic Constructors for his testimony and that he was on his own time. Between
1987 and 1991 Mr. Green was a project manager in the construction section, and
during that time he managed three separate contracts with Basic Constructors for a
total of about ten million dollars. Basically, his job was to administer the contract,
review Basic's work progress, review their compliance with the contract documents
and then recommend payment. Throughout his relationship with Basic he found them
to be very professional, very honest, very straightforward, never attempting to gouge
the owner, never soliciting unnecessary change orders. There were change orders,
but he felt like they were warranted, and in many cases they were enhancements or
additions requested by the owner. Mr. Green felt like Basic asked very hard questions
during the prebid phase because they examined the documents very carefully. He felt
this to be a benefit to the owner. Therefore, he always looked at their questions and
attempted to interpret them carefully. During the construction phase they always
showed a very good understanding of the documents.
Scott Kousheshi had signed the register in case he needed to answer any
questions. Since no questions were posed, Mayor Alfaro recognized Gary Kimbrell,
the director of construction services for M.D. Anderson Cancer Center in Houston.
Mr. Kimbrell volunteered information concerning Basic's performance. Currently, M.D.
Anderson has a $248,000,000 program underway. It involves new facilities and over
a million square feet of new cancer treatment center. That program is supported by
an extensive remodeling program of which Basic is a part. They have completed
approximately seven million dollars worth of renovations in the existing facilities as
a part of that interface to the new program. M.D. Anderson has a program that
prequalifies general contractors to do work at M.D. Anderson. Basic is one of those
four pre - qualified contractors. Mr. Kimbrell felt that there was no reason to doubt
Basic's continuation of service that has been experienced over the past five years.
He could see no reason why Basic wouldn't continue that service on a similar project
or project the city had in mind.
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Minutes of the Regular Session - February 24, 1994
Mayor Alfaro recognized Wayne Smith, Consulting Engineer for the City of
Baytown, who called attention to a small booklet with about thirty sheets in it for
council review containing information developed through the Open Records Act. He
emphasized that Wayne Smith had been selected by the city to provide design
expertise based on their experience and this treatment plant was designed with that
in mind. The consulting engineers are also retained to give the city advice or make
recommendations. They are no different than your physician, your dentist, your
attorney, your CPA or your optometrist. They are to give advice, but council doesn't
necessarily have to take it. To do their job, they must give the recommendation that
they deem best, in the best interest of the city.
Before proceeding through the booklet, Mr. Smith introduced Stan Cargill who
signed up to speak but was really on hand to answer questions from council regarding
the specific design of the project. Stan is Vice President of the corporation and the
responsible person in charge of the design of the project. Two more people present
who didn't speak were Lauren McDaniel, construction administrator, who was
formerly with Turner, Collie & Braden; formerly with the Corps of Engineers. He's
seventy -seven years old and has been doing this for over fifty years, so he has a
tremendous amount of experience. With him was Patty Hodges who is his assistant
and a resident of Baytown.
Mr. Smith stated that they began to compile this information last Tuesday.
There is more coming and a great deal more that could be attained if the city should
choose. He called attention to a letter that they had written to Bobby Rountree, City
Manager, on February 21, 1994, a response to the city's request for reasons that we
the consultants had recommended award of the contract to N & S Construction Co.
Basic Constructors wrote us a letter on January 21, 1994, which is included in the
back of the packet. In statement number four in their letter, and this is a direct quote,
"contract drawings sheet 9, note 1, sheet 10, note 1, and sheet 1 1's note, state that
the general contractor's responsible for verifying the location of all existing piping prior
to bid time. To accomplish this fete we would have to dig up the entire site. You as
the engineer and the city are asking the impossible." Wayne Smith & Associates
provided the italics and the bold letter that follows. "If Basic is the low bidder on this
project and we unearth an existing line which was either not shown in the bid
documents or shown incorrectly, we will apply for a change order to accomplish extra
work." The note that Basic Constructors is referring to is repeated on ten separate
sheets in the drawings. The note states that they will be responsible for determining
the vertical and horizontal locations of those facilities. Mr. Smith emphasized that
their specifications are industry standard, the note is industry standard. Under their
specifications, under existing structures, highlighted is one sentence out of it, that it
is mutually agreed, if all surface and subsurface structures are not necessarily known,
that the owner assumes no responsibility for failure to show any or all of these
structures on the plans. Highlighted is the sentence that says "it is mutually agreed
that such failure should not be considered sufficient basis for claims, for additional
compensation for extra work or for increase in the pay quantities in any manner
whatsoever unless the obstruction encountered is such as to necessitate substantial
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Minutes of the Regular Session - February 24, 1994
changes." The consultants feel that is directly contrary to the statement by Basic
which says they will file for extra claim should they uncover anything. Paragraph
twenty -five, under special conditions, refers to existing utilities and service lines. It
says, "the contractor shall be responsible for the protection of all existing utilities or
service lines crossed or exposed by his construction operations. Where existing utility
or service lines cut, broken or damaged, the contractor shall replace or repair the
utilities or service lines with the same type of original material in construction or better
at his own cost and expense. These notes are standard in the industry, the special
conditions are standard in the industry. The expansion to the East District Sewage
Treatment Plant is being constructed adjacent to an existing treatment plant that is
at the site of an old treatment plant, as well as the site of an old brickyard. It is
probable that there will be something uncovered during the construction process. No
other contractor took exception to that note or to those specification items.
The next item that is indicated in the letter is Statement No. 7 from Basic
Constructor's letter, bold letter and italics were added by the consultants, " contract
specifications, special provision number 1 to general condition deletes the arbitration
clause out of the standard general conditions." Addendum number one did delete
that. The contractor states, "this deletion is obnoxious. Many professional people
got together to establish a fair and equitable set of General Conditions when this set
of General Conditions was developed," and the next highlight says, " the only reason
to remove this clause that I can think of is to eliminate claims." And then the last
thing highlighted from Basic's letter is that this is not Basic Constructor's way of
doing business. The City of Baytown currently in all of their projects eliminates the
arbitration clause. It isn't even in the contract with the consulting engineer. City of
Baytown has had some negative experience in arbitration and has eliminated
arbitration from all their projects. To the engineer, the statement that this is not Basic
Constructor's way of doing business, is directly contrary to the way the City of
Baytown does business, making them unresponsive to the bid process.
At the last meeting Mr. Smith had indicated that there were some 120 change
orders on another project. The letter on page 4 was obtained through the Open
Records Act and change order proposal #122 is highlighted. This means that there
was a proposal for #122. It doesn't mean that 122 change orders were approved,
but it means 122 had been applied for. The last statement in their letter is apparently
objecting to a condition that the engineer of the city had, and it says, "Basic protests
this action by the owner and will file a claim." Sheet six is a letter from the
consulting engineer at the City of Conroe to the City, and they refer to Basic
Constructor's, Inc. Change Order Proposal #122. So change orders of 122 were at
least proposed. Page nine is a fax from the City of Conroe and page ten is change
order number 16. Change order number 16 is dated January 19, 1994. That's up at
the upper right hand corner right under the number sixteen. Down near the bottom
the last date for contract time extension was September 20, 1993. That's some four
months ago, and that project is either just finished or about to be completed. That
change order was not recommended by their consultant, nor is that change order
approved by the City Engineer. In fact,the consultants have been told that the City
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Minutes of the Regular Session - February 24, 1994
of Conroe gave the consulting engineer a letter relieving him from the liability involving
this part of the project because he refused to execute that change order.
Sheet 11 talks about outstanding change orders, and this is from the City of
Conroe. Down at the bottom there is a comment that says hairline cracking and
water bearing structures, and its got a price there of about $49,000. Under our
contract and also on the next page, 125 R - leakage at joints formed by the joining of
new concrete to existing concrete, East District Treatment Plant as it exists now will
have an extension added to it by this project, and there will be a necessity to connect
new concrete to old concrete. Under our plans and specifications, there is no extra
pay for doing this, and the engineer would not entertain any claims or any requests
for payment for repairing leaks for a project that the contractor did. Sheet number
13 is from the City of Temple. This is information just received this morning, but the
contract date for the City of Temple is November 3, 1988, the allotted time for the
amount of the contract was 719 days which is less than two years. The October 31,
1991 completion date, is three days short of being three years. So the project is
roughly a year old. Under the terms of the agreement that the consultants have with
the City of Baytown, as well as the agreement that the city has with all its
consultants, which is the industry standard, the consultants provide a field
representative to observe the construction process and to report that to Mr. McDaniel
and to city staff as the project proceeds. The city pays a basic fee for everybody
except that field representative who is billed by the hour. That roughly works out to
about $8,000 a month and a project that is over by 12 months would cost the city
12 times eight which must be about $96,000. Fourteen and fifteen were all
additional construction estimates from the City of Temple. Page 17 is supposed to
be from the Galena Park Independent School District, and at 4:00 this afternoon they
called and said that it would be tomorrow before they got the information, but once
again that project was an eighteen month project. It took two years and three
months. If you take nine more months worth of construction on top of a project and
you put field representative time on top of it, that's another $72,000 that the owner
would have to pay the consulting engineer for the project being delayed.
Page 18 is the bid form. This is a copy of the bid form submitted by the
contractor. Highlighted is the last sentence before tabulation of the bid items. The last
sentence says, "it is understood that the owner reserves the right to reject any and
all bids." Page 25 is a letter from Basic Constructor's, Inc. to Lauren McDaniel at
Wayne Smith & Associates. That is the letter containing statement four and
statement seven quoted earlier. On page 28 is the consultants letter of
recommendation to the City of Baytown. Mr. Smith reiterated that the
recommendation made two weeks ago stands. They have not learned anything since
that time to cause a change in the recommendation.
Mayor Alfaro recognized Norman Dykes, a Registered Professional Engineer,
who had practiced as a city engineer over twenty years and has worked with several
contracts. Mr. Dykes was City Engineer when Basic Constructors did the Central
District Plant. That plant was due to be completed March 13, 1988, but it was
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Minutes of the Regular Session - February 24, 1994
actually completed February 14, 1989. On change orders 1, 15, 16 and 17,
contractor's profits, were higher than those that were allowed by the guidelines of the
Water Development Board. Under the Open Records Law, Mr. Dykes obtained copies
of documentation from the City of Conroe. He pointed out that a document indicated
the Conroe project was finished August, 1993, Mr. Smith just read from change order
16 that was dated this spring. A lot of what Mr. Dykes found deals with time
extensions. In Conroe they have what they call RFP's, which basically are change
orders. The city pulls the RFP's together and combines them into change orders.
They had 16 change orders in the project, but 122 requests for various changes
which were combined. These change orders represent over $ 100,000. They had
three phases in that project with an overage on time of 302 112 days. Again, the
time factor is disturbing, because when there is an overrun on time, the city pays an
inspector to watch the job, and many times under orders from the state to get the job
done and get in compliance. From a letter dated March 22 from the consulting
engineer doing work for Conroe to Mr. Ed Baxter, "Basic Constructor's, Inc. is hereby
notified that it is the intention of the City of Conroe to proceed with the termination
of work by Basic Constructor's Inc. as per the standard schedule, conditions of the
construction contract, Article 15 2.6 and to request the surety to complete the project
unless the following conditions are met no later than April 16, 1993." There are two
items -- evidence satisfactory to the City of Conroe is provided that leaks and water
retaining structures mentioned above in the letter are repaired. Item 2 is resubmit a
revised work schedule for approval.
Mr. Dykes noticed through these letters that numerous times the city asked for
construction schedule. Many, many times they asked for a construction schedule or
please revise it and resubmit, give us a schedule. A letter dated July 22, 1993, to
Basic from the City Administrator of Conroe states, "should you fail to submit the
schedule or should your schedule be unacceptable, then the City will have no
alterative but to declare you in default of your contract and make demand upon your
bonding company to complete the performance." In another letter from Basic to the
former City Manager of Conroe, "I was somewhat disturbed to hear your opening
comments prior to leaving the meeting which implied that Basic may be trying to avoid
performing its contractual duties in full." Another letter to Basic, deals with money.
It says, "Basic's responses have aroused some concern and caused us to review your
proposal with greater scrutiny. As per article 11, of the standard general conditions
of the construction contract... for costs incurred for work performed by a sub-
contractor, the contractor's fee shall be five percent and the max allowable to the
contractor on account of overhead and profit of all sub - contractors shall be 15 %. As
per your letter it is our understanding that Weimar Manufacturing is a subcontractor
to Pfeiffer & Son, who in turn is a subcontractor to Basic. Weimar Manufacturing
added overhead of 10% and a profit of 5% on to which Pfeiffer & Son added
overhead of ten and a profit of five on to which Basic added a profit of fifteen percent
for a total net profit of 53.4 %." Mr. Dykes felt that was not acceptable. The last
paragraph of a letter from the consultant, to Basic states, "Due to the apparent
unwillingness of Basic Constructors to, in our opinion, cooperate fairly with the City
of Conroe, your change order proposals number 71 and 56 have been rejected."
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In rebuttal, Tom Myers stated that what he heard was a lot of innuendo, hearsay,
third party reports, that don't match the truth of what took place up on Conroe. He
pointed out that he was under oath, and he was the attorney who negotiated the final
closeout of the contract for the City of Conroe and with their attorney Mark Winberry.
The job was completed and the change order was executed after the fact, after
completion. He verified the date of completion to be in August, not this spring. The
job had on record a thirty day overrun of time, not 300 days. Construction contracts
have provisions for excusable delays, weather, other delays, things that can interfere
with a project. Of the 122 change proposals, 72 were proposed by the owner, not
the contractor. The total change orders on that project amounted to less that 1 % of
the total contract amount of over $ 10,000,000 and a two year project. The change
orders were a small part of the job, and Basic was paid extra money for cracks in the
clarifier. There were cracks in it. Basic alleged that there was a problem in the design
mix and evidently the city agreed because they paid the contractor for the fix. There
were no EPA fines. There were no Texas Water Development Board fines of any kind.
In fact, the final has been received by the City of Conroe; therefore that job is done.
It's been done. It's been done since last August. Mr. Myers emphasized this point
because he felt that had been misrepresented.
In terms of the comments in Mr. Grant's letter, Mr. Myers apologized for the tone
of the letter, and stated that perhaps he was a bit over - zealous in his tone in the
prebid correspondence. However, there were numerous addenda issued to the bid
documents in order to clarify items which Basic did raise. In terms of his position with
respect to arbitration, he submitted that the industry form used by the engineer has
arbitration. That is the industry standard. It may not be Baytown's standard, and
over the years it may have been deleted as a standard, but for contractors who build
wastewater treatment plants, the NSPE forms have arbitration, it's standard, and
that's what evoked the comment. In Temple there were some time overruns, but he
asked, "do we know why, what were the reasons, where there excusable delays, is
anybody here from the City of Temple to talk about that ?" "No," and responded, "we
just have a sheet of paper that indicates the time was extended, with no evidence
before the Board as to why." He pointed out that the city never did declare the
contractor in default in Conroe, they never did terminate. The job was done. The
entire claim was a series of approximately two meetings between Mr. Myers and Mark
Winberry to sit down and go over items, many of which were instituted by the owner,
for which pricing was worked out. It was very amicable. It was not a major conflict
and Mr. Winberry had pointedly indicated that no one would be at the hearing from
the city to talk about Basic or any problems with Basic. There are people who came
and lots of letters of recommendation were presented. Mr. Myers recognized that the
city can reject any and all bids. That's in the bid documents, that's Texas law, but
the documents also state that the city will award to the low, responsive and
responsible bidder. He continued that he had been doing construction law for twelve
years and represents nothing but contractors, and had represented Basic for over eight
years. Basic avoids conflicts, they are a good contractor, they do good work. He
urged council to give serious consideration to the evidence. He felt it indicated
responsibility on the part of Basic. He concluded by pointing out that Basic wanted
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Minutes of the Regular Session - February 24, 1994
this job very much and wanted to be the city's contractor on this job. It is important
to the company.
Mayor Alfaro recognized the City Manager who asked Mr. Myers why was final
payment just now if the project was finished in August in Conroe?
Tom Myers responded that the date of substantial completion for Phase III, is
August 27, 1993. Therefore, the City Manager asked why was final payment this
week on the project? Mr. Myers answered final payment was released this week.
The City Manager inquired, "why the delay ?"
Mr. Myers responded that the delay was due to the fact that the city had to
have final close our documents on the entire project. Every piece of equipment
warranted, the dates of warranty established. They had to have any and all claims
regarding the project, including claims that stem from owner requested changes had
to be ironed out, worked out, totally completed. Things such as dates of completion,
dates the warranties kick in. All this had to be put in to a complete package, wrapped
up, sealed, signed off on and then delivered to Texas Water Development Board
before it could be closed out. So what was held up was the final payment, most of
that's retainage. It was a ten million dollar job, so this is basically five percent
retainage withheld pending complete closeout and approval of all documents by Water
Development Board.
Mayor Alfaro asked if it normally takes that long to resolve the final payment?
Mr. Myers said that Conroe's position was that because it was fully funded by
Texas Water Development Board, they could not release anything below five percent
until everything was totally wrapped up. There was some discussion over pricing and
some items. Mark Winberry and Mr. Myers worked those out which was a month and
a half, two month process, where they worked through the documentation and came
to agreement on it. That was part of that process.
Mayor Alfaro stated that perhaps he should ask the question a different way,
and asked of the 600 customers or clients of Basic, is that about average, more or
less?
Mr. Myers said much less.
Mr. Baxter added that the process is more complicated than Mr. Myers has
intimated. Basically, the City of Conroe had a working plant in August of 93 that was
treating their sewage, and they enjoyed holding $600,000 owed to Basic for seven
additional months, because there was no agreement established to allow them to get
their money from the Texas Water Quality Control Board. The City of Conroe had their
working plant. It's an excellent quality project. Basic Constructors funded that plant
for seven months, because of the delay in getting the project wrapped up. Mr. Baxter
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Minutes of the Regular Session - February 24, 1994
indicated another problem was conflict between the City of Conroe and the engineer.
The engineer would not process the paperwork, and because that didn't get
processed, that's part of Basic's paperwork and they couldn't get their money.
Normal turn around on completion of the project for final payment would be 30 to 60
days.
Mayor Alfaro asked what caused the delay on the Baytown project?
Mr. Baxter responded that there are two sides to every story. "These are
complex projects. They involve a lot of human beings, and there are many reasons
for why everything happens. I can't tell you why it was a year late. I can guess that
there were justifiable delays which we probably had extensions of time for, which is
our right by contract, and /or there might have been discrepancies in the documents
as I've said earlier that cause complications that make the job last longer. It was
discussed that the inspection cost more money. Believe you, it cost us more money,
too, to be on a project longer, so everyone is suffering. "
Mayor Alfaro asked, "the document you submitted that was addressed to us
that we got today, under Section L, Page 4, you indicate under 3.2.3, the question
is, has your organization filed any lawsuits or requested arbitration with regard to
construction contracts within the last five years ?" Your answer is "no."
Mr. Baxter responded that he had completed that form may years ago. They
had augmented the form, and that answer is incorrect, that is an error.
Council Member Escontrias pointed out on the underground piping and
arbitration clause, there was no objection posed by other contractors, and inquired
why Basic had objected.
Mr. Myers responded that in the prebid stage, the contractors are encouraged
to write on anything they notice in the documents where there is a conflict, an error,
a discrepancy, conflicts with code, or anything in the documents that they have a
problem with in terms of the specifications or the conditions, supplementary
conditions, terms of the contract, because they know that once they bid, unless an
addendum is issued and has changed what's in the bid package, they're bound to the
bid package. That's their only opportunity to raise issue with any of those items. He
took issue with Mr. Smith on his statement that the provision on underground
obstruction is industry standard. It's contrary to the typical form in the AIA A201
General Conditions, which is one of the more widely used documents in construction.
He noted that the bid that was submitted took no exception to either of those two
items referenced in paragraphs four and seven of the letter. Basic bid to the bid
documents, they're bound to the bid documents, and they were responsive. If they
had on their bid form said, "we object, we won't abide by this," then Council could
throw their bid out. It would be non - responsive. But, they didn't. They submitted
a responsive bid, and those terms were part of the contract.
940224 -12
Minutes of the Regular Session - February 24, 1994
In response to Council Member Escontrias, Mr. Myers continued that if he didn't
agree to the terms, he would have to write on the face of the bid document an
exception to certain provisions. If that exception in writing on the bid is not made,
the contractor is bound to the terms of the bid document. If an exception is taken,
then the city attorney is going to tell you to throw the bid out, anyway, because it's
non - responsive, but that letter was a prebid letter. It's one of many items, many
articles seeking clarification, changes. The last sentence or two in the arbitration
paragraph, paragraph number seven refers to, "please consider this and get back to us
with your thoughts, or what you'll do with this." It's simply an attempt, prebid, to
call out clarifications and attempt to change language in the contract. It's the
contractor's only chance to do that. The bid document is what controls and binds,
and that's what Basic submitted.
Council Member Pruett inquired of Mr. Baxter if the company was previously
called Baxter, Baxter Equipment or something similar?
Mr. Baxter stated that his father started the business in 1948 under the name
of Baxter Construction Company, Inc. In 1970, he formed Basic Constructors, Inc.
Eight years ago Baxter merged with Basic. It is the same organization. It's the same
people, the same facility.
Mr. Baxter went on to say that under unforeseen conditions, in most jobs they
are not as stringent as this clause, but he felt the original intent of those clauses when
they were first developed, was for small differences in the plans, but the clause
should not be used to make a contractor responsible for unforeseen or incorrectly
shown items of $20,000, $40,000 or $50,000. General Contractors don't have that
kind of contingency in their bid.
The City Manager asked Mr. Myers on the pricing that the city attorney had
been discussing on the Conroe project did that have to do with the prices that were
in the bid document, or where there new items that came up after the contract was
awarded?
Mr. Myers responded that those were all items that came after the contract was
entered. They were items of additional work required by the owner, as well as
changed conditions on the site for which the contract provided for compensation, but
how much, particularly that issue regarding the wall between an old and new
structure. Basic had pointed out in correspondence that there was a defect in the
design and that it would leak. They were directed to build it anyway. They built it.
It leaked. And then the discussion over who should pay for the repair. That was the
background on that particular issue. That was included in those discussions. So,
these were items that were not pay items under the contract, unit price items or lump
sum items.
940224 -13
Minutes of the Regular Session - February 24, 1994
At this point Mr. Myers stated to Mr. Dykes that he had spoken harshly a
minute ago, and apologized to him.
Mayor Alfaro stated that since there was no one else desiring to speak at the
public hearing concerning the contract for the expansion for East District Sewer
Treatment Plant, the hearing was closed.
Consider Proposed Ordinance, Repealing Ordinance No. 6928 and Awarding Contract
for Expansion of East District Sewer Treatment Plant
Council Member Pruett moved for adoption of the ordinance repealing Ordinance
No. 6928 and authorizing a contract with N & S Construction Company, Inc. for the
expansion of the East District Sewer Treatment Plant. Council Member Byford
seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
ORDINANCE NO. 6936
AN ORDINANCE REPEALING ORDINANCE NO. 6928 PASSED ON FEBRUARY 10,
1994; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH N & S CONSTRUCTION CO., INC. FOR THE
EXPANSION OF THE EAST DISTRICT SEWER TREATMENT PLANT; AUTHORIZING
PAYMENT OF THE SUM OF THREE MILLION SEVEN HUNDRED FOUR THOUSAND
SIX HUNDRED THIRTEEN AND 501100 DOLLARS (53,704.613.50); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance, First Reading on Proposed Annexation of Budgetel Inn
Site at the Northeast Quadrant of Interstate 10 and Garth Road
Council Member Hinds moved for adoption of the ordinance. Council Member
Benavides seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
940224 -14
Minutes of the Regular Session - February 24, 1994
ORDINANCE NO. 6937
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS
OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF THE PROPOSED
SITE FOR THE BUDGETEL INN AT THE NORTHEAST QUADRANT OF INTERSTATE
10 AND GARTH ROAD; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN
THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Resolution No. 1206, Authorizing the City Manager to Make
Application to Criminal Justice Division of the Governor's Office for Texas Narcotics
Control Program Funds
The proposed resolution authorizes the City Manager to make application for
Texas Narcotic Control Program Funds in the amount of $2,364,208. It also
authorizes the City Manager to sign inter - agency agreements with twenty participating
agencies. This is the fifth year to apply. The grant period is January 1, 1994 to May
31, 1995 and will be on a sixty /forty grant. The grant application for the next grant
year will be for a total of $3,940,347. The City of Baytown match for this grant will
be $74,460.00. The other participating agencies' match will be $515,552 and the
generated program income will be $986,127. The annual budget which includes the
grant requests, program income, the City of Baytown's match and the participating
agencies' match total $3,940,347. The administration recommended approval.
Council Member Escontrias moved for the adoption of the resolution. Council
Member Benavides seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
RESOLUTION NO. 1206
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN,
TEXAS, TO MAKE APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE
GOVERNOR'S OFFICE, STATE OF TEXAS, FOR TEXAS NARCOTICS CONTROL
PROGRAM FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ACCEPTING
OR AFFIRMING ANY GRANT AWARD THAT MY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
N
940224 -15
Minutes of the Regular Session - February 24, 1994
Consider Proposed Resolution No. 1207, Authorizing the Mayor to Submit a Program
Proposal to be Included in Harris County Private Industry Council's Application to the
U.S. Department of Labor, Employment and Training Administration for a Youth Fair
Chance Program
This is another grant proposal being worked through the Youth Commission.
The U.S. Department of Labor Employment and Training Administration has
established a competitive grant program to fund demonstration projects that will
provide comprehensive employment and training services to youth, ages 14 through
21, and young adults ages 22 through 30 in high poverty areas of urban and rural
communities. The purpose of the Youth Fair Chance Program is to provide all youth
living in designated target areas with improved access to the types of service and
support necessary to help them find jobs, develop careers and lead productive lives.
Target areas are defined as census tracts that meet the U.S. Bureau of Census
Poverty Guidelines. Therefore, it is anticipated that target areas will encompass West
Baytown, Oakwood, Central Heights, Pelly and Lee Heights. The proposed program
will be administered locally by the Baytown Area Youth Commission in conjunction
with Goose Creek Independent School District, Lee College, the Baytown YMCA,
Sterling Municipal Library, the City of Baytown Parks and Recreation Department and
other interested agencies. If funded the program will last for eighteen months with
the possibility of future funding. Only twenty -five grants will be awarded nationwide.
The Baytown Area Youth Commission's proposed program should be a strong
contender because of the collaborative structure of the Youth Commission. The grant
will be for up to $600,000. The twenty percent grant match, $180,000, will be
provided through other federal sources and in -kind services. The administration
recommended approval.
Council Member DonCarlos moved for adoption of the resolution. Council
Member Pruett seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
RESOLUTION NO. 1207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO SUBMIT A PROGRAM PROPOSAL TO BE INCLUDED
IN THE HARRIS COUNTY PRIVATE INDUSTRY COUNCIL'S APPLICATION TO THE
U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION
FOR A YOUTH FAIR CHANCE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
940224 -16
Minutes of the Regular Session - February 24, 1994
Consider Proposed Resolution No. 1208, Adopting Guidelines for Homebuyers
Assistance Program
In the Community Development Block Grant Budget $48,000 was budgeted for
homeownership assistance. Under this program, up to $4,000 would be provided
through Community Development Block Grant /Houston Housing Partnership to low
moderate income households for closing costs when purchasing a home. The amount
of the loan will be forgiven after the buyer has lived in the house for five years.
Should the buyer live in the house for less than five years, the amount to be repaid
would be prorated. Priority will be given to (1) buyers who are applying to purchase
the house which they currently rent, (2) buyers who have successfully completed the
Baytown Housing Authority's Family Self Sufficiency Program, (3) buyers who reside
within an enterprise zone.
Council Member Escontrias moved for adoption of the resolution. Council
Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
RESOLUTION NO. 1208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING GUIDELINES FOR THE HOMEBUYERS ASSISTANCE PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance, Amending Chapter 17, "Miscellaneous Provisions and
Offenses" by Repealing Section 17 -15, "Fencing of Certain Manmade Pits, Holes or
Other Man -Made Excavations," and by Adding Sections 17 -24 through 17 -35
Council held a couple of work sessions on the proposed ordinance. The
proposed ordinance provides for a permitting process prior to excavation of land
within the city An application must be presented to the City Engineer along with a
bond to indemnify the City for any damages that may result from the making or
existence of such excavation and to insure the restoration of the premises. Upon
receipt of the application and bond, the City Engineer will consider the erosion,
drainage and other consequences that may result from the excavation prior to making
his determination. Excavation will be prohibited within 200 feet of any residence,
building or structure without the applicant having first secured written permission of
the owner thereof; and within 300 feet of any exterior property line boundary of lands
utilized for a public school, college, university, hospital, church or public building.
Once excavation is complete, the ordinance requires the applicant to restore the
property to a useable condition. There is also an appeal process for any person
940224 -17
Minutes of the Regular Session - February 24, 1994
adversely affected by the grant or denial of an excavation permit. A section has been
added to allow the property owner to develop the property as a recreational area or
detention facility with the approval of the City of Baytown. The administration
recommended approval.
Council Member DonCarlos moved for adoption of the ordinance. Council
Member Pruett seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
ORDINANCE NO. 6938
AN ORDINANCE AMENDING CHAPTER 17, "MISCELLANEOUS PROVISIONS AND
OFFENSES," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY
REPEALING SECTION 17 -15 "FENCING OF CERTAIN MAN -MADE PITS, HOLES OR
OTHER MAN -MAD EXCAVATIONS," AND ADDING SECTIONS 17 -24 THROUGH 17-
35; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance, Awarding Contract for 1993 Street Improvement
Program - Phase II
The proposed ordinance awards the contract to the low bidder, Angel Brothers
Enterprises, Inc. for the amount of $ 1,468,145. There is $ 1,467,100 remaining in
1991 Bond Funds for this contract. Therefore, the administration hopes to make up
the difference at some point. The administration is recommending the alternate bid
which would include the replacement of all water lines with eight inch pipe instead of
the six inch pipe specified in the base bid. The eight inch lines will improve both
water distribution and firefighting capability in the area.
Council Member Escontrias moved for adoption of the ordinance. Council
Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
940224 -18
Minutes of the Regular Session - February 24, 1994
ORDINANCE NO. 6939
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES,
INC. FOR THE 1993 STREET IMPROVEMENT PROGRAM - PHASE II; AUTHORIZING
PAYMENT OF THE SUM OF ONE MILLION FOUR HUNDRED SIXTY -EIGHT THOUSAND
ONE HUNDRED FORTY -FIVE AND NO /100 DOLLARS ($1,468,145.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
For Bid Tabulation See Attachment "A."
Consider Proposed Ordinance, Awarding Contract for Craigmont Sanitary Sewer
Sliplining Project - Phase 2
The administration is recommending the award of the contract to Horseshoe
Construction, Inc. in the amount of $594,500. The project includes the rehabilitation
of sanitary sewer lines located in Craigmont, Ponderosa and Lantern Park Subdivisions
and Travis, Bolster and Bowie Streets. The base bid was for rehabilitation by the
sliplining method. Sanitary sewer rehabilitation using fold and form pipe requires less
digging than sliplining and leaves little to no annular space between the liner and the
existing pipe. Fold and form pipe has been used extensively in many areas for
sanitary sewer rehabilitation, but usually costs more than sliplining. Only two bids
were received for the fold and form pipe. Both were considerably higher than the
base bid. Therefore, the administration recommended award of the contract on base
bid. The engineering estimate was $800,000, and the low bid for fold and form was
$1,286,350.
Council Member Pruett moved for adoption of the ordinance. Council Member
Hinds seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
ORDINANCE NO. 6940
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH HORSESHOE CONSTRUCTION CO.
FOR THE CRAIGMONT SANITARY SEWER SLIPLINING - PHASE II PROJECT;
AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED NINETY -FOUR
THOUSAND FIVE HUNDRED AND NO /100 DOLLARS (5594,500.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDED FOR THE EFFECTIVE DATE
THEREOF.
940224 -19
Minutes of the Regular Session - February 24, 1994
For Bid Tabulation See Attachment "B."
Consent Agenda
Item "a" was removed from the Consent Agenda for separate consideration.
Council then considered the Consent Agenda, items "b" through "e" as follows:
b. Proposed Ordinance No. 940224 -7 awards the annual pesticide contract
as follows:
Item 1
Helena Chemical Co.
$13,552.00
Item 2
Cast Lots
3,135.00
Item 3
Terra International
2,739.40
Item 4
B & G Chemical
764.40
$20,190.80
Invitations to bids were mailed to nine suppliers and we received six bids
and one no -bid. This contract will be used by several departments.
Item #2 was a tie among four (4) bidders. We recommend Council cast
lots at the Council meeting to determine the successful supplier.
We recommend approval.
Council drew lots for Item #2. Helena Chemical Company won the draw.
Council Member Pruett moved to award Item 2 to Helena Chemical
Company. Council Member DonCarlos seconded the motion. All council
members present voted "aye."
C. Proposed Ordinance No. 940224 -8 awards the annual mosquito control
contract as follows:
Item 1 Van Water & Rogers $ 6,728.70
Item 2, 3 & 4 B & G Chemicals 5.152.05
TOTAL $11,880.75
Invitations to bid were mailed to seven suppliers and we received four
bids and two no -bids. This contract will be used by the Health
Department. The low bidder, Vectec, Inc., has a minimum $2,000 order
requirement. Therefore, we recommend to award Item #4 to the
second low bidder, B & G Chemicals.
940224 -20
Minutes of the Regular Session - February 24, 1994
We recommend approval.
d. Proposed Ordinance No. 940224 -9 authorizes a refund of taxes for
Olympia Mortgage Corp; Huntington Chadwick & Montgomery in the
amount of $9,300.58. This refund a result of a settlement of a H -CAD
lawsuit.
We recommend approval.
e. Proposed Ordinance No. 940224 -10 authorizes a refund of taxes for
Citicorp North America Inc. in the amount of $1,419.38. This refund is
due to an erroneous payment of personal property.
We recommend approval.
Council Member Byford moved for adoption of the Consent Agenda, Items "b
through "e." Council Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
ORDINANCE NO. 6941
AN ORDINANCE ACCEPTING THE BID OF HELENA CHEMICAL COMPANY, TERRA
INTERNATIONAL, INC., AND B & G CHEMICAL & EQUIPMENT FOR THE ANNUAL
PESTICIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF TWENTY THOUSAND ONE HUNDRED NINETY AND 801100 DOLLARS
($20,190.80); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940224 -6)
ORDINANCE NO. 6942
AN ORDINANCE ACCEPTING THE BID OF B & G CHEMICALS & EQUIPMENT CO.
AND VAN WATER & ROGERS, INC. FOR THE ANNUAL MOSQUITO CONTROL
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM
OF ELEVEN THOUSAND EIGHT HUNDRED EIGHTY AND 751100 DOLLARS
($11,880.75); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940224 -7)
940224 -21
Minutes of the Regular Session - February 24, 1994
ORDINANCE NO. 6943
AN ORDINANCE DETERMINING THAT THE PAYMENT OF TAXES BY OLYMPIA
MORTGAGE CORP; HUNTINGTON CHADWICK & MONTGOMERY ON ACCOUNT
NUMBERS 045 -144- 002 -0049 AND 045 -144- 002 -0032 FOR TAX YEAR 1993 WAS
EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF NINE THOUSAND
THREE HUNDRED AND 581100 DOLLARS ($9,300.58); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940224 -8)
ORDINANCE NO. 6944
AN ORDINANCE DETERMINING THAT THE PAYMENT OF TAXES BY CITICORP
NORTH AMERICA INC. ON ACCOUNT NUMBER 990 - 503 - 192 -20 FOR THE TAX
YEAR 1990 WAS EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF
ONE THOUSAND FOUR HUNDRED NINETEEN AND 381100 DOLLARS ($1,419.38);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940224 -9)
For Bid Tabulations, See Attachments "C" and "D."
Consider Proposed Ordinance, Authorizing Final Payment to Angel Brothers
Enterprises, Inc. for Massey Tompkins Road Paving and Drainage Improvements -
Phase I
The Proposed Ordinance authorizes final payment in the amount of
$130,263.15 to Angel Brothers Enterprises, Inc. for Massey Tompkins Road Paving
and Drainage Improvements - Phase I. The original contract amount was $2,258,107.
There were two change orders in the amount of $124,020 and $13,750 which
totaled $ 137,770. The net of the overruns and underruns excluding the change
orders is $144,078.05 which brings the final contract amount to $2,539,955.05 or
a twelve and one half percent increase. Jim Hutchison, Consulting Engineer on the
project, explained that all bids were taken on a unit price basis. Once the work begins
the actual quantities put in the ground may vary; however, only work performed is
paid for. Mr. Hutchison explained the overage and under amounts in attachment to
the minutes, attachment "E."
In response to council inquiry, Mr. Hutchison felt that had all these variables
been known in the beginning this contract would have cost this amount. However,
he did feel there will be a surplus on Phases 11 and III of Massey Tompkins.
940224 -22
Minutes of the Regular Session - February 24, 1994
Council Member DonCarlos moved for adoption of the ordinance. Council
Member Byford seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
ORDINANCE 6945
AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED
THIRTY THOUSAND TWO HUNDRED SIXTY -THREE AND 151100 DOLLARS
($130,263.15) TO ANGEL BROTHERS ENTERPRISES, INC. FOR THE MASSEY
TOMPKINS ROAD PAVING AND DRAINAGE IMPROVEMENT - PHASE I PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Appointments to Baytown Area /West Chambers County Economic
Development Foundation for 1994
Council Member Benavides moved to appoint Council Member Pruett. Council
Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
Consider Appointment to Baytown Area Community Long Range Planning Commission
Council Member Escontrias moved to appoint Harvey Oyler. Council Member
Pruett seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
City Manager's Report
Hearing Disabled Equipment - Through the efforts of Missy Davidson and Ann
Malkie the hearing disabled now have equipment making city government accessible
to them.
940224 -23
Minutes of the Regular Session - February 24, 1994
Professional Integrity Workshop - The City Manager reminded Council of the
Professional Integrity Workshop scheduled for Friday, February 25.
Itinerant Merchants - Included in the council packet was a letter from Greer
Florist, Inc. concerning the license fee for itinerant merchants. Also included in the
council packet for council information was Youth Commission Strategies adopted by
the Youth Commission, status report of the McLemore Substation, and presentation
being made by Lt. Gary Cochran to a state teacher's meeting on Operation Bright Star.
Vehicles for Sale - A note to council was included concerning the Legal
Department's research concerning a large number of automobiles that are for sale on
various parking lots and vacant lots around town.
Adjourn
There being no further business to be transacted, the meeting was adjourned.
Eileen P. Hall, City Clerk
1W
r�i»
1993 STREET IMPROVEMENT PROGRAM - PHASE 11
JOB N0. 93 -3040 r�,.
ITEM
l arotlars
Ilt4[o
steltb r;oexetivetlon
mart L Beet
e0,
IIIN
aWliifY
WII
lenit Prfee
tool
unit Prfce
total
unit Or1ee
Total
Unit Prlea
total
1.
aemwo Ola Concr rte Curb i
J
Duster, Cmplrtr In Plec_^
3,510
l.f.
13.00
110[530.00
11.50
15,265.00
_ _ SB.BS
131,063.50
52.60
19,626.00
2.
Ramov,• Old COM rctr 5idrualkc
i Orivrways, Corpsele•in•Plece
1,620
S.Y.
<.B5
7,657.00
5.00
8,100.00
S.TS
9,315.00
6.10
6,662.00
3.
Roadway Exeavotion, Coaplete
In Pl acr
1,340
C.Y.
8.00
11 120.00
9.00
12 510.00
8.50
it 615.00
11.50
1S 965.00
G.
In Dl ace Full Otpth Cold
Ilexible Pavteent R.eyel irg,
b• thick, Liee Slurry
Stebilited <22 IDs. Dry Ume
Per S.Y.) C late In Place
22 920
L.T.
3.25
7G 690.00
3.75
6S 950.00
7.00
160 660.00
6.25
169 060.00
S.
lira Slurry to Stabilize
Reey[led Bese 10.015 tens per
S to Yards C lete•in•Placr
350
tan
90.00
31 500.00
85.00
29 750.00
90.25
31 587.50
10.00
] 500.00
6.
Crushed Stane to Supplement
Recycled Bose, Caeple[e In
Dlace
3 260
tan
15.00
G8 600.00
16.50
66 980.00
25.50
62 620.00
22.20
71 926.00
7.
Palm coat, ND 30 10.zs
Dal. /ST) C Itte In Plnee
S, 7}0
wl.
0.10
573.00
1.00
S 730.00
1.50
6 59S.Q0
1.70
9 761.00
0.
Cut Reck Asphalt lock Coat
10.10 W1. /SY), Coaplete In
Place
3 0 }0
Gol.
0.10
SO7.00
1.00
3 030.00
1.50
6 565.00
1.70
S 151.00
9.
Not•Nlx Not told Aspholtic
Concrete Surincing, Carplate
In Place
< 340
ton
32.50
162 675.00
35.00
153 [50.00
36.50
160 235.00
36.30
159 357.00
10.
Concrete Curb i Wtter,
C lets in Place
3 SSO
l.f.
15.00
S3 250.00
1G.�
i9 700.00
19.10
67 605.00
/3.50
Q 925.00
11.
Corcrete Curb Dowelled on to
Existing Concrete, Caeplete
in•Plaee
360
l.f.
6.00
2 160.00
S.QO
1 800.00
6.50
2 360.00
9.00
3 260.00
12.
Sidewalk, <" thick, 6• wide
C fete in Place
}25
S.T.
25.00
6,125.00
25.00
6,125.00
19.55
6,337.50
30.00
9 750.00
13.
Driveway, 5" tMck caepleta in
place
1,640
S.Y.
26.00
61,720.00
I6.00
61,720.00
21.00
31,290.00
32.90
49,021.00
r� %.�
ITEM
Artgel Brothers
Htrbco
R Smith Cattstruction
B i Root
NO.
ITEM
OIIANTITy
11NIi
Unit Price
Total
Unit Price
Total
Unit Price
Total
Unit Price
Total
14.
Sau Cut Front of Inlet Top,
Expose Reinforcement and
Reconstruct as Required to
Repair Damages, Complete in
Ploce
1
Each
750.00
750.00
500.00
500.00
850.OU
850.00
1 600.00
1,600.00
15.
5' Curb Inlet Carry >Ir•te in
Pl.rcc
2
Each
1,200.00
2,400.00
1 200.00
2 400.00
900.00
1,800.00
1 500.00
i 500.00
16.
Adjust Existing Manhole•.:,
Caq,lete-in -Fiore
35
Eurh
100.00
3,500.00
100.00
3,500.00
?00.110
71000.00
210.00
7,350.00
17.
Ajust Existing Valve Doxes,
Ccn lete•in -Pl�cc
17
Each
100.00
1 700.00
50.00
850.0(1
27.50
467.50
97.00
1 649.00
18.
18" RCP, ASTM C 76, Class ill,
C �lcte- in•Place
54
L.F.
40.00
2,160.00
55.00
2,970.00
40.25
2 173.50
47.00
2,538.00
19.
Type "A" Hydrated lime for
Subgradc Car lets in Ptacc
410
Tnn
80.00
32 800.00
87.50
35,875.00
90.25
37 002.50
10.00
4 100.00
20.
Mixing & Compacting 6" Limo
Stabilized Subgrade
i30ft /S.T.), Cortrpletc in Place
24,600
S.T.
1.40
34,440.00
1.35
33,210.00
2.00
49,200.00
1.69
41,574.00
21.
Cement Stabilized Sand as
Directed by [he Engineer or
Shawn on the Drawings,
Canplete in Place
570
Ton
25.00
14,250.00
15.00
8,550.00
18.75
10,687.50
48.00
27,360.00
22.
Hot Nix Not Laid Asphaltic
Concrete Level•trp Course,
C fete- in-Place
330
ion
36.50
12,045.00
40.00
13,200.OU
53.50
17,655.00
37.00
12,210.00
23.
Nill Asphalt Surfaces to
Grades Required an Plans orxl
Deliver Milled Material to
Owner, C fete in Plocc
39,500
S.T.
1.10
43,450.00
1.75
69 125.00
1.50
59 250.00
1.25
49,375.00
24.
Blow Cleon 8 Fill Srn (crcc
Cracls or �ornts 1/8" wide or
Greater in Cancrete or Asplrolt
Surfaces to be Overlaid,
Complete in Place
150
Gal.
15.00
2,250.00
30.00
4,500.00
45.00
6,750.00
64.00
9,600.00
25.
6' wide Concrete Valley
Gutter, C fete in Place
142
S.T.
28.00
3,976.00
41.50
5,893.00
27.50
3 405.00
35.00
4,970.00
26.
Remove Existing Valley Gutter,
C fete in Place
51
S.Y.
10.00
510.00
20.00
1,020.00
4.50
229.50
4.60
234.60
27.
Adjust Grate Inlet, Complete -
in -Place
1
Eoch
200.00
200.00
300.00
300.00
275.00
275.00
350.00
350.00
�''°
l Brothers
Rtbco
Ra Staith Corottvctlon
Bran i Root
l7EM
Unit Price
Totol
Unit Price
Total
Unit Price
Tote
Unit Price
Total
NO.
ITEM
QUANTITY
UNIT
28.
Romovc and Dispose of
Asphalt /Rock Orive, Complete
in Place
20
S.Y.
10.00
200.00
25.00
500.00
4.25
85.00
4.50
40.00
29.
Remove 8 replace 5" to 6"
Concreto Bose Including Sau
cutting as required, CtP
1,640
S.Y.
39.50
64,780.00
30.00
49,200.00
28.25
46,330.00
29.00
67,560.00
30.
Handicap Sidewalk Ramp, Type
I, C fete in Place
76
Each
325.00
24,700.00
500.00
38,000.00
475.00
36 100.00
660.00
50,160.00
31.
Handicap Sidewalk Ramp, Type
2, Complete in Place
23
Each
325.00
7,475.00
350.00
8,050.00
220.00
5,060.00
370.00
8,510.00
32.
b" AIAIA 0400, Closs 150, D R
18, PVC Waterline Open Trench
Construction, Cartplete in
Place
7,000
L.f.
20.00
140 000.00
15.00
105,000.00
20.00
140 000.00
29.70
207,900.00
33.
8" AWWA 0400, Class 150, S R
18, PVC Waterline Open french
Construction, Coeplrte in
Ploce
455
L.F.
22.00
21 010.00
21.50
20,532.50
22.00
21 010.00
36.00
34,380.00
34.
8 x 8 Tapping Slcevc 8 Valve
with Valve Box, Complete in
Plecc
1
Each
1,400.00
1 400.00
2 100.00
2,100.Q0
1,275.00
1 275.00
2 100.00
2,100.00
35.
12 x 6 Cast Iron Cross,
Mechanical Joint, Complete in
Place
1
Each
800.00
800.00
1 800.00
1,800.00
285.00
285.00
1,000.00
1 000.00
36.
8 x 6 Cast Iron Cross,
Ncchanciel Joint, Complete in
Place
3
Each
700.00
2 100.00
1 500.00
4 SOO.QO
200.00
600.00
860.00
2 580.00
37.
6 x 6 Cast Iron Cross,
Meehaneial Joint, Complete in
Place
4
Each
650.00
2,600.00
1,250.00
5,000.00
165.00
660.00
790.00
3,160.00
38.
8 x 12 Cast Iron Cross,
Ncchanciel Joint, Completo in
Place
1
E:�ch
400.00
400.00
2,000.00
2,000.00
300.00
300.00
1 OQO.QO
1 000.00
39.
6" Gatc Valve with Valve Box,
Ncchanciel Joint, Complete in
Place
54
Each
350.00
18 400.00
285.00
15,390.00
330.Q0
17 820.00
600.00
32,400.00
40.
8" Gate Valve with Valve Box,
Ncchanciel Joint, Complete in
Place
6
Each
475.00
2 850.00
400.00
2 400.00
450.00
2 700.00
650.00
3 400.00
41.
12" Gote Volvc with Volvo Box,
Nechaneiol Joint, Complete in
Place
2
Each
800.00
1,600.00
700.00
1,400.00
765.00
1,530.00
1,100.00
2,200.00
�►�
ITEM
Angel Brothers
Hubco
R Satith Catstlution
8 i Root
Unit Price
Totel
Unit Price
Totol
unit Price
Total
Unit Priee
Total
NO.
I Il N
CUANi I IT
IAI l T
42.
8 x 6 Cast iron lee,
Nechencial Joint, Complete in
Ploce
5
Eoch
250.00
1 250.00
165.OU
825.00
160.00
800.00
260.00
1,200.00
43.
6 x 6 Cast Irun ice,
Meebarxial Joint, CaeS,lele in
Place
24
Each
200.00
4,800.00
135.00
3,240.00
125.00
3,000.00
210.00
S,O40.OU
44.
6 x 8 Cast Iron lee,
Mechanecal Joint, Ca�plete in
Place
1
Each
350.00
350.00
165.00
165.00
160.00
160.00
260.00
260.00
45.
6" Cast Iron 45' Bend,
Mechaniial Joint, Complete in
Place
16
Each
165.00
2,640.00
95.00
1,520.00
95.00
1,520.00
150.00
2,400.00
46.
8" Cast Iron 45' Bcrtd,
Mechanical Joint, Complete•in-
Place
10
Each
200.00
2 000.00
125.00
1 250.00
120.00
1 200.00
190.00
1 90U.UU
4T.
6" Cast Iron 90' Bend,
Mechanical Joint, Complete•in-
Ploce
2
Each
165.00
330.00
l0U.U0
200.00
100.00
200.00
160.00
320.00
48.
4" 4laterline Plug, Complete in
Place
3
Each
100.00
300.00
45.00
135.00
33.00
49.00
40.00
120.00
49.
6" llatcrlinc Plug, Ca«pletc in
Place
2
Each
100.00
200.00
50.00
100.00
44.00
88.00
52.00
104.00
50.
8 °' Woterline Plug, Complete in
Place
2
Each
125.00
250.00
60.00
120.00
55.00
110.00
71.00
142.00
51.
6 x 8 Cast Iron Reducer,
Mechanical Joint, Complete -in-
Place
1
Each
150.00
150.00
600.00
600.00
80.00
80.00
100.00
100.00
52.
Fire Hydrant, 4' Bury,
C fete in Piece
25
Each
800.00
20 000.00
1 700.00
42 500.00
1,100.00
27 500.00
1 200.00
30 000.00
53.
Transfer Mater Services from
Abarxloned Lines to Ncw Lines,
Near Side, C fete in Place
57
Each
250.00
14 250.00
350.00
19,950.00
170.00
9,690.00
420.00
23,940.00
54.
Transfer Water Services from
Abaldoned Lines to Ncw lines,
Far Side C Iete•in -Place
55
Each
350.00
19 250.00
850.00
46 750.00
190.00
10 450.00
570.00
31 350.00
55.
Remove existing fire Hydrants
on Abondoned 1latcr Lines and
return to the City of Baytown,
C fete in Place
8
Eech
200.00
1 600.00
500.00
4 000.00
110.00
880.00
140.00
1 520.00
56.
4" SOR 35 PYC Gravity Snnitory
Sewer, All Cuts, Complete In
Place
29
l.F.
40.00
1,160.00
25.00
725.00
25.00
725.00
27.00
3.00
�.- �.
��
[TEN
t Brothers
Iltrbco
R SMith Cotnetrttetion
8 i Root
Unit Price
Total
Unit Price
Total
unit Price
Total
unit Price
Totol
KO.
ITEM
OUANTITT
UNIT
57.
601 SOR 35 PVC Gravity Sanitary
Sewer, All Cuts, Complete in
Place
1 385
L.F.
24.00
33 240.00
19.00
26 315.00
27.50
38 087.50
39.50
54 707.50
58.
8" SDR 35 PVC Gravity Sam tart'
Scwcr, All Cuts, Canplete in
Place
3,940
l.F.
32.00
126,080.oU
20.00
78,800.00
28.50
112,240.00
40.90
161,146.OU
59.
10" SDR 35 PVC Gravity
Sanitary Sewer, All Cuts,
C lete•in -Place
1,594
l.f.
34.00
SG,196.00
21.50
36,271.00
42.00
66,948.00
83.90
133 736.60
60.
Sanitary Sewer Manholes, All
De the C fete in Place
31
Ench
1,250.00
38 750.00
1 200.00
37 200.00
1 150.00
35 650.00
870.D0
26 970.00
61.
Sanitary Sewer Manholes with
Outside Drop, All Depths,
C fete in Place
1
Each
1,600.00
1,600.00
1,700.00
1,700.00
1,320.00
1,320.00
1,200.00
1,200.00
62.
4" Sanitary Sewer Plug,
C tote in Ploce
1
Each
75.00
75.00
145.00
145.00
30.25
30.25
9.00
9.00
63.
6" Sanitary Sewer Plug,
Complete- in•Place
10
Each
175.00
1,750.00
90.00
900.00
33.00
330.00
10.00
1D0.00
64.
8" Sanitary Sewer Plug,
Con fete- in•Place
13
Each
2D0.00
2,600.00
100.00
1,300.00
35.75
464.75
23.D0
299.00
65.
10" Sanitary Sewer Plug,
Complete in Place
2
Eoch
250.00
500.00
165.00
330.00
55.00
110.00
52.00
104.00
66.
Remove Abandoned Sanitary
Sewer Hanholes to 2' belttw
Proposed Subgrade and Fill
with Stabilised Satt<1, Coaplete
in Place
7
Each
500.08
3 500.00
750.00
S 250.00
33.00
231.00
420.00
2 940.00
67.
Transfer Sanitary Sewer
Service Connections from
Abandoned Lines to New Lines,
C fete in Ploce
117
Eech
500.00
58 500.00
650.00
76 050.00
200.00
23 400.00
735.00
85 995.00
68.
Trench Safety System for
Depths from 5 to 10 fett,
Complete -in -Place
2,925
L.F.
0.29
585.00
1.50
4,367.50
2.00
5,850.00
1.30
3,802.50
69.
Installing ti5 dowels 12" into
abutting concrete base, with
epoxy grout, of 1801 centers.
Complete -in -Place
1,300
Eneh
3.00
3,9D0.00
3.50
4,550.00
9.50
12 350.OD
11.D0
14,300.00
70.
8" Stack Base, Placed and
Compacted in Maximum 4" Lifts,
Complete in Place
2,050
Ton
42.00
86,100.00
40.00
82,000.00
50.00
102,SOO.OD
51.70
105,985.00
��M
1993 STREET IMPROVEMENT PROGRAM - PMASE II
ALTERNATE 810
JOB N0. 93.3040
Mt6co
R Seith Construction
Br i Root
ITEM
N0.
ITEM
OIiANfliy
UItIT
Angel Brothers
unit Price
Total
Unit Price
Total
unit Price
Tota
Unit Price
Total
NO.
ITEM
Ol1ANTITT
UNIT
100,000.00
100,000.00
100,000.00
100,000.00
100,000.00
100 000.00
100 000.00
100,000.00
71.
Allowance for Unknown
Conditions Encountered During
Construction, to be Used es
Directed by the Engineer,
C fete in Place
_
Total aid Price
51,456,555.00
51,465,354.00
51,635,052.50
f1,934,481.60
1993 STREET IMPROVEMENT PROGRAM - PMASE II
ALTERNATE 810
JOB N0. 93.3040
Mubco
Roy Seith Construction
Bran i Root
ITEM
Angel Brothers
unit Priee
Total
Unit Price
Total
Unit Price
Total
Unit Priee
Total
NO.
ITEM
Ol1ANTITT
UNIT
1.
8" AIAfA 0900, Class 150, S R
18, PVC Waterline Open Trench
Constrteetion, Complete in
Place
3,110
L.F.
23.00
71 530.00
21.00
65,310.00
22.00
68 420.00
36.00
111 960.00
2.
12 x 8 Cast Iron Cross,
Mechanical Joint, Complete in
Pleee
1
Each
900.00
900.00
2 000.00
2,000.00
300.00
300.00
1 025.00
1,025.00
3.
8 x 8 Gast Iron Cross,
Mcchancial Joint, Complete in
Place
2
Each
800.00
1 600.00
1 700.00
3 400.00
300.00
600.00
890.00
1 780.00
4.
8 x 6 Cast Iron Cross,
Mcchancial Joint, Complete in
Place
2
Each
700.00
1,400.00
1,500.00
3,000.00
200.00
400.00
835.00
1,670.00
5.
8" Gote Valve with Valve Box,
Mcchancial Joint, Complete in
Place
14
Each
475.00
6,650.00
400.00
5,600.00
425.00
5 950.00
750.Q0
10 500.00
6.
8 x 6 Cast Iron ice,
Mcchancial Joint, Complete in
Place
8
Each
250.00
2 000.00
165.00
1,320.00
160.00
1 280.00
240.00
2 320.00
7.
8" Cost Iron 45' Bend,
Mechanical Joint, Camplete•in-
Place
4
Each
200.00
800.00
125.00
500.00
115.00
460.00
185.00
740.00
8.
6" Cost ]ron 90• Bend,
Mechanical Joint, Complete -in-
Place
1
Each
200.00
200.00
150.00
150.00
125.00
125.00
200.00
200.00
9.
8" waterline Plug, Complete in
Place
1
Each
200.00
200.00
60.00
60.00
60.00
60.00
72.00
T2.00
tTEM
Argel Brothers
1�co
Unit Price
Total
Unit Price
iotol
1t0_
ITEM
OU/UITITY
11117
10.
8 x 6 Cest Iron Rcduccr,
Nechanicel Joint, Complete -in-
Place
1
Each
150.00
150.00
600.00
600.00
Grand Total Alternate
f1,468,145.00
(1,487,744.00
R 5>.ith canstrvctlon eras t Root
Unit Priee Total Unit Price Totsl
40.00 40.00 100.00 100.00
(1,643,533.50 52,068,848.60
IL
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PAGE 2 -- 9401 -39T
CITY OF BAYTOWN
BID TABULATION
TITLEANNUAL PESTICIDE CONTRACT
BID #9401 -39
DATEFEBRUARY 15, 1994 2:00 P.M.
V
TERRA INTEP
NiATIONAL
TIMBERLAND
ENTEPRISES
VAN WATERS
& ROGERS
NO.
CITY.
UNIT
DESCRIPTION
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT.
PRICE
UNIT PRICE
EXT. PRICE
Selective Herbicide 2 -1%2 g.conl
1
800
gallons
17.24
13,792.00
18.25
14,600.00
19.51
15,608.00
_ 2a
60
20
gallons
gallons
Non — Selective
Non — Selective
Herbicide — 30j
Herbicide 2 -1/2
38.07
2,284.20
38.10
2,286.00
38.10
_ 2,286.00 -
- 849.00
_
42.85
857.00
42.45-
849.00
42.45
_2b
3,141.20
3,135.00
3,135.00
2,894.60
3
144.73
20
bas
Fire Ant Insecticide 25 lb bag
136.97
2 739.40
168.75
3,375.00
_
4
gallons
Insecticide 1- gal. container
26.25
787.50
30.00
900.00
26.38
791.40
_
_
GRAND TOTALS:
20,460.10
22,010.00
22,429.00
SUPPLY POINT:
WACO, TEXAS
HOUSTON, T
S
HOUSTON, T
S
DELIVERY:
7 -10 DAYS
O
5 DAYS ARO
5 DAYS ARO
--
KEMCO—
HUNTER
CHEMICAL CO. NO BID AT THIS
TIME CAN NOT SUPPLY
THE REQUESTED PRODUCT.
REC
MM DIED BIDDERS:
_
ITEM #1 —
HELENA CHEMICAL
PANY —
$13,552.00
ITEM #2 CAST LOTS -- $3,13
ITEM #3 — TERRA INTERNATIO
00
AL -- $2,7
-
ITEM #4 — B & G CHEMICAL -
TOTAL:
$764.40
_.40
- - - -
- -
$20,190.80
- -
-
9-1
PAGE 3 -- 9401-39T
CITY OF BAYTOWN
BID TABULATION
TITLEANNUAL PESTICIDE CONTRACT
BID X9401 -39
DATE[-hIJHIJAHY
LAST
lb, 1904 Z:UU P.M.
EAR'S E IDS:
i
HELE
A CHEIV
ICAL CO. NON - SELECTIVE HET
INC.-NON-SELECTIVE
BICIDE & INSECTICIDE
--
$14,08 6.00
TER
INTERNATIONAL,
HERBICIDE
30 GAL.& FIRE
EANT TOTAL
TIMBERLANI.D.
ENTERPRISES,
INC.-NON-SELECTIVE
HERBIGIDE
2-1/2 GA-
TOTAL $2,070.00.
TOTAL LAST YEAR $22,280.50
PAGE 1 -- 9401 -41T
TITLE
BIO fi
DATE
INO.I
i�
2.
3.
CITY OF BAYTOWN
BID TABULATION
ANNUAL MOSGaUITO CONTROL CONTRACT
X401 -41
FEBRUARY 21, 1954 2:00 p.m.
8 & G CHEMICALS
- -- - - - -- - - - - -- -�-�._ _ PRiC€
QTY.
UNIT
_ DESCRIPTION
Malathlon
UNIT P CE
1,251.25
EXT.
7,507.50
amid _
_ 536.25
_ 4454.40
-66__ __ _ _
....�...,....�
_ _ _ _0.00
- _
0.00
_ _^ 360.00
Biomist 316
_
_ 0.00
�.............
NO BID__
_ --
NO BID
_' 5,760.00_
ULV __ �
..,..........�
1,121.45
".........�
6 728.76
6
drums
3
16
16
_ 15
drums
-- -- - - - - - -- Brand:
Carrying Oil for Pyrethroid Mix
_ rethroid with Synergist __
__ Brand:
- ALTERNATE:
ALTERNATE:
ULV Flushing Solution _ _ -
- - - Brand:
Americans
American Cy_
0.00
_ _ _ 0.00
_ 0.00
- - -
am
NO BID
NO BID
_
_
NO BID
- - . - .
_ 178.75
__276.40
Permanone 33
gallon_ s-
_
SCOURGE__
_ 250.4!
10.76
--
_NO BID,. -
gallons
___4,00640
Lallans
161.40
— -- - =- -
BVA 13
RECD MENDED AWARD TOTALS: Items #2,3 &4 5,152.05
Item #1:I 6,728.70
SUPPLY POINT: HOUSTON, T S SAN ANTONI ,TEXAS HOUSTON, T XA$
DELIVERY: 10 DAYS AR 10 DAYS AR 10 DAYS ARO
_ A_ward_ B & G CHEMICALS" ITEMS #2, 3 & 4 -- TOTAL: __ $5,152.05
Award V N WATER & ROGERS, ITEM #1 - TOTAL: $6,728.70
CONTRACT TD AL: $11, 88 .75
.r
A
H
d
H
d
PAGE 2 - - 9401- 41 T
c1T1r of sanowN
BID TABULATION
TITLt:i4NNUAL MOSQUITO CONTROL CONTRACT
BID X9401 -41
DATEFEBRUARY 21.1994 2:00 o.m.
_
NO.
1.
--- - - - - --
- .._.
-_
_
- - _ _
_ ___
VECTEC�. INC
UNIT PRICE
0.00
_.��__��_�
EXT. PRICE
NO BID
,BbNIDE PRA
UNIT PRICE
0.00
UCTS, INC.
EXT. PRICE
NO BID
- - --
CONTROLS
_�_________
UNIT PRICE
0.00
- -- _-
LUTIOI
_.___
EXT.
NO
- - - --
QTY.
6
_
UNIT
drums
__ _____ _
DESCRIPTION
Malathion �� �
--
--- - - - - --
Brand:
- --
- -- - -- --
2.
3.
-- - - - - --
- _ - -
4.
3
16
16
16
drums
gallons
Carrying_Oil_for Pyrethroid Mix
P rethroid with Synergist
_ OAO
_ _NO BID __
0.00
0.00
NO BID
0.00
0.00
__ ___
- - - - - ---
0.00
PASADENA,
-
_
NO
NO
- - - --
_ _ �-
- -_
NO
EXAS
NO BID
Combination of Punt &Duet:
allons
Punt 57 -OS
301.00
4,816.00
840.00
__ -_- - - - --
�
- - -- -� -�
gallons
Duet 8.8 -OS
YY_115.00
-
_ _
-
DOES NOT M
__1
ET SPECS. -
----- - - - - --
-- - --
NO BID
- -V � -�- - - --- -- - - -- - -
ULV Flushing Solution _ - _ _
Brand:
SUPPLY POINT: ____ _
ON CONCEN
AND RECZUIR
MIXING PRO
_ ___ _ 9_45
DISOLV - -N
due to minim
RATION PER
_
ENT_A_G_ E__S
- --
15
_
-- —
gallons_
S EXTE_N_S_IV__
-
_
0.00
ments.
EDURE
_ _� - _`141.75
t acceptable_ _
m order requir
ORLANDO,_F
10 DAYS AR
MINIMUM $2,
Prices good ti
ORIDA
YOCKVILLE,
_ _
Y
_
DELIVERY:
_____
___ ____
_____
00.00 ORDER
I May 20, 1994
BID
BID
31D
31D
E