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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/5/1954. 46 RECESSED REGULAR YIEETING May 52 1954 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 10:00 A.M. in recessed regular session, recessed from Regular Meeting of April 22, 1954, at the Regular Meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, S. S. Forrest and Lucian Thomas, City Manager Steve Matthews, Acting City Attorney W. L. Somers, City Secretary -Treasurer Lavenia Lowe. Also present in the meeting were: Messrs, Haynes & Kirby, Architects, and the following members of the Auditorium -Coliseum Board: J. D. Hassell, Chairman, J. Ray Dickey, James L. Quicksall; W. B. Rushing, Toe Bryant, and Dave Sherrill This meeting wqs called for the purpose of discussing further the award of contracts for construction of the Auditorium -Coliseum Building, said bids having been opened and read Yay 3, 1954, of Record at Page 545, Minute Book 12. 54-12-553-966 Bids were originally opened and read for construction of the Auditorium -Coliseum Building on April 2, 1954, of Record at Page 470, Minute Book 12. On April 7, 1954, of Record at Pages 471-472, Minute Book 12, contracts for construction of this project were awarded to B.M.F.P. Construction Company - General Contract; McKinley Company - Heating, Air - Conditioning and Plumbing; Nelson Electric Company - Electrical Work. April 14, 1954, of Record at Pages 495-496, Minute Book 12, the action of the City Commission, -taken on April 7, 1954, in awarding said contract, was cancelled, revoked and rescinded by Resolution, and autborizdtdongiven by the City Commission for notice to bidders to be published authorizing new bids to be received on this project at 2:00 P.M., May 31 1954. Said bids were received, opened and read on May 3, 1954, of Record at page 545, Minute Book 12. Upon a tabulation of said bids it was found that B.M.F.P. Construction Company of Lubbock, Texas, presented the low bid on the general construction; R. M. Wells of Quanah, Texas, presented the low bid for Heating, Air -Conditioning. and Plumbing and Traver Electric Company of Lubbock, Texas, presented the low bid for the Electrical Work. 54-12-553-967 On this day, May 5, 1954, Mr. John McKinely, of McKinley Plumbing Company, appeared before the City Commission requesting the City Commission to give further consideration to award of Heating, Plumbing and Air -Conditioning Contract of the Audit orizm-Coliseum to his Company because of the fact that his was the low bid on April 2, 1954. Mr. McKinley also stated that he would take his base bid as is, with a guaranteed topr ice as set out in his bid on May 3, 1954, and perform this construction work on a cost-plus 10% basis, his base bid being the maximum limit he would be allowed to charge for this construction. 54-12 553-968 At this time in the meeting Mr. Haynes of Haynes & Kirby Architects, stated to the City Commission that the bid bond furnished with the bid of R. M. Wells was dated April 2, 1954, however a new bid bond had been furnished the Architects on Ma,, 4, 1954, said bid bond having been dated May 3, 1954. Upon receiving this information, Mr. McKinley of the McKinley Plumbing Company stated to the City Commission that he wished to register a pro- test in the event the bid bond of R. M. Wells is found to be illegal because of said bond having been dated April 2, 1954, and furnished with his bid of May 3, 1954. 54-12-553-969 Mr. R. M. Wells of Quanah, Texas, appeared before the City Commission and stated that he is willing to fullfill his contract for Heating, Air -Conditioning and Plumbing of the Auditorium -Coliseum Building, if said contract is awarded to him, however, Mr. Wells stated that he would not feel badly if he did not get the job as his bid was figured very close. 54-12-553-976 The City Manager stated to the City Commission that the contract for the construction of Auditorium -Coliseum Building, if awa , accordance with the low bill received on May 3, 1954, will be approximately/if 00,2 of the Bond Funds that are available for this construction. The City Manager also stated that it was brought to the attention of the Bond Committee at the time the Auditorium -Coliseum and Library Bonds were sold that additional tax revenue would have to be raised when said buildings were constructed and the Library put in operation, as the Bond requirements, together with the operation of the Library would require a $0.12 tax increase or equal revenue from some source, such as a sewer or garbage charge. 54-12-553-971 The Auditorium -Coliseum Building members present, recommended to the City Commission that the low bids be accepted on the general construction of the Auditorium -Coliseum, also that the City Commission accept the low bid of Tarver Electric Company for the Electrical Work on said project and that the award of the Heating, Air -Conditioning and Plumbing Contract be deferred for further consideration. Messrs. Haynes & Kirby, Architects, also recommend- ed acceptance of the low bid on general construction and Electrical Work, and that further consideration be given to the bid for Heating, Air -Conditioning and Plumbing. 4-12-554-972 Whereupon, motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, to authorize the follo-vdn awards to be made; The Mayor being hereby authorized to enter into Contract for said construction:* Accept the bid of B.M.F.P. Construction Company in the net amount of $1,14.19,925.00, being the base bid less alternate 1 and 3. Accept the bid of Tarver Electric Company in the amount of $90,000.00, being the base bid. That award of the Heating, Air -Conditioning and Plumbing Contract be deferred. 4�Z Motion was made by Commissioner Thomas, seconded by Commissioner Forrest, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none.vot ing Nay, Ordinance No. 1555 was passed on first reading. ORDINANCE NO..555� AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWAY COTVIPANY THE RIGHT, POWER AND PRIVILEGE OF LOCATING AND MAINTAINING A RAILROAD TRACK AND TO -OPERATE ENGINES, CARS aND TRAINS THEREON, UPON, ALONG AND ACROSS MAGNOLIA AVENUE AT A POINT 3051 SOUTH OF THE SOUTH LINE OF ITS INTERSECTION WITH 40TH STREET. No further business coming up for consideration, the City Commission recessed tomeet May 5, 1954, at 5:00 P.M. Read and approved this the 27th day. of .. Mal , 1954. NiutLUEL TRI or La enia Lowe, CAty Secr tart' -Treasurer RECESSED REGULAR MEETING May 5, 1954 Lubbock, Texas The City Commission of the City of Lubbock, Texas, met at 5:00 P.M. in recessed regular session, recessed from Regular Meeting of April 22, 1954, at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Murrell R. Tripp, Commissioners Lennis Lucian Thomas, City Manager Steve Matthews, Secretary -Treasurer Lavenia Lowe. Absent: None. Baker, Hurley Carpenter, S. S. Forrest,and Acting City Attorney W. L. Somers, City Also present in the meeting were: W. B. Rushing, James L. Quicksall, Homer Maxey, members of the Auditorium -Coliseum Board. 51A-IL-555=971, This meeting was called for the purpose of giving further consideration to the award of the Mechanical Contract (Heating, Air -Conditioning and Plumbing) for construction of Auditorium -Coliseum, bids on this project having been opened May 3, 1954, and bid for contracts awarded on May 5, 1954, at 10:00 A.M. for the General Contract and for the Electrical Work. Whereupon, motion was made by Commissioner Forrest, seconded by Com- missioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter, Forrest and Thomas voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N WHEREAS, heretofore the City of Lubbock has given notice and advertised for bids on its proposed Auditorium -Coliseum and the proposals made by all the contractors being in excess of the funds available, it was decided by the City Commission to reject all bids and alter the plans and specifications to come within the funds available for such pro- ject; and due notices were given, proposals made, and bids ire publicly opened on May 3, 1954, at a special meeting of the City Commission; and, WHEREAS, the City Commission, needing time to tabulate the bids as presented, called another special meeting for this, the 5th day of May, 1954, to award the contracts as provided by law, and it being brought to the attention of the City Commission by its architects, Haynes & Kirby, at said meeting that the apparently low bidder on the heating, air-conditioning and plumbing contract, R. M. Wells Company, had included with his proposal the proposal bond which was executed on April 2, 1954, submitted with the original proposal on the first call for bids instead of executing a new proposal bond to be included with the current proposal bid; and, WHERhAS., the said R. M. Wells Company, having prior to this meeting been informed by Haynes & Kirby, Architects, that such proposal bond was legally questionable, the said R. M. Wells Company did on May 3, 1954, have prepared a new proposal bond which is good, sufficient, valid and enforceable in all regards, and did on this, the 5th day of May, 1954, prior to the convening of this meeting, file with Haynes & Kirby, Architects, such new proposal bond; and, WHEREAS, its was shown by the tabulation which had been made that R. M. Wells Company, P. 0. Box 388, Quanah, Texas, had submitted a bid of "233,000 for the heating, air- conditioning and plumbing contract, and the McKinley Company of 2220-19th Street, Lubbock, Texas, had submitted the next lowest bid in the sum of $245,393, they being the two lowest bidders on the heating, air-conditioning and plumbing contract and they both having shown themselves to be responsible bidders; and, WHEREAS, the purpose for a proposal bond being to guarantee entering into contract and executing the necessary performance bond, the City Commission finds that the irregul- arity has been corrected and the purpose of the requirement has been fully in all things secured by the filing of the new proposal bond, and further finds that such irregularity has nowise given any bidder an advantage or benefit not allowed to the other bidders and was not an element considered in fixing the bid price, and further finds that such irregularity has nowise destroyed the competitive character of the bids as submitted, and further finds that it would be in the public interest and advantageous to the tax -paying citizens to award the contract to the lowest bidder; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the irregularity of the formality of filing of the bid bond in a certain exact time and manner from R. M. Wells Company BE, and the same is hereby in all things waived. SECTION 2. That the heating, air-conditioning and plumbing contract for the City of Lubbock Auditorium -Coliseum, including the revised plans and specifications adopted by the City Conuissim, BE and the same is hereby awarded to R. M. Wells Company, P.O. Box 388, Quanah, Texas, for the spun of Two Hundred Thirty -Three Thousand and No/100 ($233,000.00) Dollars. SECTION 3. That the Mayor BE, and he is hereby authorized and directed to execute such contract for and on behalf of the City of Lubbock. On motion of Commissioner Forrest, seconded by Commissioner Carpenter, this Resolution was passed by the City Commission on this the 5th day of May, 1954, by the following vote: Cormiissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp. Commissioners voting "NAY": None. /l Murrell R. Tipp MURRELL R. TRIPP, Mayor ATTEST: fsl Lavenia Loge Lavenia Lowe, City Secretary -Treasurer No further business coming up for consideration, the City Commission adjourned. Read and approved this the 27th day of May , 1954 J I enia Lowe, Xity Sec tary-Treasurer