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Council awards 2026 street-overlay contract to Cowboy Asphalt after low bidder failed to perform
Summary
After prolonged debate over a contractor that repeatedly missed start dates, the Wagoner City Council voted to award a 2026 street-overlay contract to Cowboy Asphalt, citing the low bidder's failure to mobilize and concerns about materials and timeliness.
Wagoner City Council voted July 6 to award a 2026 street-overlay contract to Cowboy Asphalt after finding the low bidder on a related project repeatedly failed to mobilize and meet contractual milestones.
Council discussion centered on the stalled Bollinger/central asphalt job, where council members and staff described delayed mobilization, gaps in Sam registration and a supplier shortfall that left crews without hot oil. One council member urged accountability, saying, "The citizens of Wagoner deserve quality work, timely completion of public projects and accountability throughout the entire process." (Committee member)
Staff told the council the contractor had requested multiple extensions to start work, first citing a need to obtain Sam registration and later saying supplier Ellsworth could not deliver; staff said the contractor then proposed using Youngman Asphalt. The city attorney and staff reviewed contract remedies, including notice to proceed, bond claims and rebidding. Staff also noted CDBG grant terms that impose an August 10 project end date and a $500-a-day liquidated-damages provision after that date.
After extended debate about whether to wait a few days for mobilization or seek a replacement, a motion "to award the contract to Cowboy Asphalt due to the low bidder's failure to perform on the project, per recommendation from our engineer" was offered and seconded. The motion passed on roll call (Butler, North, Wagner, Thomas, Higginbotham, Hamilton voting yes).
Council reserved the right to monitor the separate Bollinger job and pursue bonding remedies if the original low bidder failed to meet contractual start dates on that project. Staff said they would contact the contractor, set clear short-term targets and return to the council if progress was insufficient.
The council's action covers the agenda project under discussion July 6; the record shows city staff intend to continue watching the earlier Bollinger job and could call a special meeting if needed.
