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RESOLUTION 2008-147R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, DECLARING RODMAN LLC'S BID FOR THE FM 3407 WONDER <br />WORLD DRIVE EXTENSION PROJECT FROM RM 12 TO STAGECOACH DRIVE <br />TO BE NON-RESPONSIVE; DECLARING RODMAN LLC TO BE IN DEFAULT <br />UNDER A NOTICE OF AWARD AND BID BOND; MAKING A CONTINGENT <br />AWARD OF BID FOR THE PROJECT TO THE NEXT LOWEST RESPONSIVE <br />AND RESPONSIBLE BIDDER SUBJECT TO CONCURRENCE FROM THE <br />TEXAS DEPARMENT OF TRANSPORTATION AND THE TIMELY DELIVERY <br />OF PROOF OF INSURANCE AND PAYMENT AND PERFORMANCE BONDS AS <br />PROVIDED IN THE NOTICE OF AWARD AND THE CONTRACT DOCUMENTS <br />FOR THE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL <br />DOCUMENTS NECESSARY TO CARRY OUT THE PURPOSES EXPRESSED IN <br />THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. <br />Recitals. <br />1. The City of San Marcos, Texas opened bids for the FM 3407 Wonder World Drive Extension <br />from RM 12 to Stagecoach Drive (the "Project") on July 17, 2008. Nine bids were submitted ranging <br />from a low bid of $26,218,770.89 to a high bid of $33,536,034.05. A copy of the bid tabulation for the <br />• Project is attached to this Resolution as Exhibit "A." The City Council finds that there was ample <br />opportunity for competition in this procurement process. <br />2. On August 19, 2008 the San Marcos City Council made a contingent award of bid for the <br />Project to Rodman LLC in the sum of $26,218,770.89, subject to approval by the Texas Department of <br />Transportation (TxDOT). <br />3. On September 8, 2008, following TxDOT's approval, Rodman LLC received a Notice of <br />Award that required Rodman LLC to deliver proof of insurance and payment and performance bonds to <br />the City of San Marcos within 15 days. <br />4. Rodman LLC failed to deliver payment and performance bonds for the Project as required. <br />5. On October 7, 2008 the City of San Marcos filed a claim against the bid bond submitted with <br />the bid submitted by Rodman LLC. <br />6. The City of San Marcos, Texas has requested concurrence from TxDOT, pursuant to 23 <br />CFR 635.114(f), to award the bid to the next lowest responsive bidder based on the non-responsiveness <br />of the bid bond submitted with Rodman LLC's bid and the non-responsiveness of Rodman LLC's <br />answers to certain questions in a Statement of Bidder's Qualifications submitted with Rodman LLC's <br />bid. <br />• <br />1