18 ContractCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
8-15-2008
Engineering 41
Shawn Napier, P.E. City Engineer
Council Date:
/Director of Public Works
18,
8-25-2008
RECOMMENDED MOTION:
Motion to award a contract to Richard Drake Construction Co. in the amount of
$110,962.44 for the 0.8 mile eastern extension of the Trail de Paris, and authorizing the
City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Contract
BACKGROUND:
The City of Paris applied for a Texas Parks & Wildlife (TP&W) recreational trail grant in
May of 2007 for the 0.8 mile eastern Trail de Paris extension. We received notice in
October 2007 that we had been awarded the grant in the amount of $99,990.65, the
maximum amount the City can be reimbursed for the project. This is an 80/20 grant
match with our portion being a minimum of 20% cash or in-kind. Our matching potion
of this grant is a 46-foot long pedestrian bridge. The grant application has our portion of
the match at $90,000.00, which was given by three local grant foundations: 1 St Federal
Community Foundation, Greater Paris Development Foundation and the Martha, David
& Bagby Lennox Foundation. The total project cost at the time the grant was applied for
was $189,900.65, and since that time costs have escalated. The bid did not include the
contractor supplying the flexible base (gravel) for the project. The price to purchase the
gravel is approximately $15,000.00; this is in addition to the amount that will need to be
budgeted to cover the difference in the bid amount and the amount we can be reimbursed
by TP&W. The total amount that will need to be budgeted to complete the trail de Paris
extension project is $26,000.00, plus the cost to complete the bridge section. Estimates
are being prepared and updated for the work to be completed on the bridge section of the
Trail de Paris.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, Bid tabulation, Project aerial view, Project contributors list
ACTION:
BUDGET INFO:
Requested to be in the 08-09 Budget
❑ Financial Report ❑ Minute Order
❑ Department Report Z Resolution
Expense
$26,000.00 plus bridge completion
cost
❑ Presentation ❑ Ordinance
Budgeted Amt.
$ 0.00
❑ Public Hearing ❑ Other
y'I'D Actual
$ 0.00
Acct. Name
Local Match Trails Grant
Acct. Number
01-0352-43-00
FISCAL NOTES:
City of Paris Revised 2/04/08
~ 000122
REVIEWED AND APPROVED BY:
Z Administtation Z City Cletk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris - 000123 Revised 2/04/08
DRAFT
Attorney\reswork\current\Trail de Paris Extension Awd & Conuact Res 2008
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING THE BID AND AWARDING THE CONTRACT FOR THE TRAIL DE
PARIS 0.8 MILE EASTERN TRAIL EXTENSION PROJECT TO RICHARD DRAKE
CONSTRUCTION COMPANY, L.P., THE LOWEST RESPONSIBLE BIDDER;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for
furnishing plant, labor, materials, and equipment, and for performing all work required for the
"0.8 Mile Extension of the Trail de Paris Project," which bids were received until 3:00 o'clock
p.m., Thursday, the 7th day of August, 2008; and,
WHEREAS, the lowest responsible bid for all phases of the project was submitted by
Richard Drake Construction Company, L.P., 6290 Hwy 271 North, Powderly, Texas 75473, and
the contract should be awarded to Richard Drake Construction Company, L.P. in accordance
with the unit prices bid and the other terms and conditions set out in the bid documents
attached hereto as Exhibit A; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the bid of Richard Drake Construction Company, L.P. for the "0.8 Mile
Extension of the Trail de Paris Project" is hereby accepted as the lowest responsible bid which
provides the best value to the City and the contract for this project is hereby let conditioned
upon said contractor executing a construction contract (with required bonds) with the City of
Paris meeting all of the terms and specifications included in the bid documents attached hereto
as Exhibit A.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 25th day of August, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
m 000124
AGREEMENT
THIS AGREEMENT is dated as of the day of _
and between the City of Paris (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
in the year 200__, by
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. W ORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work project is generally described as follows:
0.8 Mile Extension of the Trail de Paris
TPWD Contract 9 185094 and HEI 9 180036
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Article 2. ENGINEER
The Project has been designed by Hayter Engineering, Inc., Paris, Texas, who is hereinafter
called ENGINEER and who is to act as OWNER'S representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIME
3.1 The Work will be substantially completed and ready for final payment within 60 calendar
days from the date when the Contract Time commences to run, as provided in the General
Conditions. -
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified lbove, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages
for delay (but not as a penalty) CONTRACTOR shall pay OWNER $100 for each
calendar day that expires after the time specified.
Article 4. CONTRACT PRICE
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents in current funds as follows:
EXHIBIT A
18
~ 000125
~ At the unit prices shown on the Unit Price Bid Schedule included in the Contract
Documents. Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed by ENGINEER, as provided in the
General Conditions.
The OWNER shall retain 10% of the amount of each payment until final completion and
acceptance of all Work covered 'by the Contract Documents. When the Work is substantially
complete, the retained amount may be reduced to 5%, at the OWNER'S discretion.
Article 6. INTEREST
If the contract amount of this contract is less tllan $400,000, no interest will be paid to the
~
,
CONTRACTOR on retained money. When the contract amount exceeds $400,000, no interest
~ will be paid unless required by law.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
~
~ representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that,
~ in any manner, may affect cost, progress, performance or furnishing of the Work.
7.2 CONTRACTOR has studied carefuliy all reports of explorations and tests of subsurFace
~ conditions and drawings of physical conditions, if any, which are contained or identified
in the Contract Documents, and accepts the determination set forth in the Contract
Documents of the extent of the tecllnical data contained in such reports and drawings
~ upon which CONTRACTOR is entitled to rely.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
~ obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports and studies in addition to, or to 'supplement, those referred to above, which
pertain to the subsurface or physical cotiditions at or contiguous to the site, or otherwise
~ may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the Contract Price,
~ within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, and no additional examinations, investigations, explorations, tests,
reports, studies or similar information or data are, or will be, required by
~ CONTRACTOR for such purposes.
~
19
n o o i 2. 6
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of all
Underground Facilities, whether indicated in the Contract Documents, or not. No
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are, or will be, required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the Contract
Documents.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in tlie Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.'
7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions
included in the Supplementary Conditions.
7.8 CONTRACTOR certifies that they are eligible to be awarded government contracts.
CONTRACTOR also certifies that any agreement entered into with a subcontractor will
contain a clause stating that the stibcontractor is eligible to be awarded government
contracts.
Article 8. CONTRACT DOCUMENTS
The Contract Documents, which comprise tlle entire Agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following:
8.1 This Agreement
8.2 Bid and Bid Schedule, Advert iseinent, and Information or Instructions to Bidders
8.3 Performance and Payment Bonds
8.4 Notice of Award and Notice to Proceed
8.5 General Conditions and modifications thereto, if any, such are included.
8.6 Supplementary Conditions
8.7 Technical Specification prepared or issued by Hayter Engineering, Inc. dated July 2008.
20
- 00012%
8.8 Drawings, consisting of sheets numbered _ through inclusive with each sheet
bearing the following general title:
8.9 Addenda numbers to , inclusive.
8.10 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as
8.11 The following, which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
All written Amendments, change orders, and other documents amending,
modifying, or supplementing the Contract Documents pursuant to the General
Conditions.
There are no contract Documents other than tliose listed above in this Article 8. The Contract
Documents may only be amended, modified 'or supplemente'd, as provided in the General
Conditions.
Article 9. M(SCELLANEOUS
9.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions,
will have the meanings indicated in the Generat Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on anotller party hereto without the written consent of the
party sought to be bound; and specifica(ly, but without limitation, monies that may
become due and monies that are due, may not be assigned without such consent (except
to the extent that the effect of ttiis restriction may be limited by law), and unless
specifically stated to the-contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3 OWNER and CONTRACTOR each binds himself, its partners, successors, assign, and
legal representatives to the other party hereto, its partners, successors, assign and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
9.4 lt is understood and acknowledged that the project is being funded in part by a federal
grant from the Texas Parks and Wildlife Department.
Article 10. OTHER PROVISIONS
None.
21
~ 000128
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement m
multiple copies. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on
OWNER:
By:
(Corporate Seal)
Attest:
Address for giving notices:
200
CONTRACTOR:
By:
(Corporate Seal)
Attest:
Address for giving notices:
22
- 000129
PUBLISH PARIS NEWS
DATE: July 16, 2008
DATE: 7uly 23, 2008
DATE: July 30, 2008
ADVERTISEMENT FOR BIDS
PROJECT: 0.8 Mile Extension of the Trail de Paris
TPWD Contract # 185094 HEI # 180036
OWNER: CITY OF PARIS, PARIS, TEXAS
Sealed bids for the unit price general construction contract for the construction of a 0.8 miles asphalt
trait extension of the Trail de Paris will be received by the City of Paris, at the office of the City Hall,
135 ls` St. S.E., Paris, TX 75460, until 3:00 P.M. August 7', 2008, at which times bids will be
publicly opened and read aloud. - •
Contract Documents may be examined at the following place(s):
City Hall Annex, City of Paris, 150 ls` St. S.E., Paris, TX 75460, 903 784-9234
Hayter Engineering, Inc., 4445 S.E. Loop 286, Paris, TX 75460, 903-785-0303
McGraw-Hill Dodge, 9155 Sterling Dr., Suite 160, Irving, TX 75063
Copies of Contract Documents may be obtained fi-om Hayter Engineering, Inc. upon payment of $30
(payable to Hayter Engineering, Inc.) for each set. The ENGINEER shall refund $10 for each set
returned in good condition to the ENGINEER within 30 days after the date bids are received.
The OWNER (City of Paris) reserves the rigllt to waive any and all informalities or to reject any and
all bids.
Each BIDDER must deposit with his bid, security in the amount, form, and subject to the conditions
provided for in the Information to Bidders.
Al! Bids shall remain good and may not be withdrawn for 90 calendar days after the actual date ofthe
opening thereof.
This project is funded in part by a federal ~rant from the Texas Parks and Wildlife Department.
~ City Clerk Janice Ellis
1
w 000130
BID
PROJECT IDENTIFICATION:
CONTRACT IDENTIFICATION
AND NUMBER:
0.8 Mile Extension of the Trail de Paris
TPWD Contract #185094 and HEI #180036
THIS BID IS SUBMITTED TO:
City of Paris
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract
Price and within the Contract Time indicated in this Bid and in Accordance with the other
terms and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and coriditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including, without limitation, those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for ninety (90)
days after the day of Bid opening. BIDDER will sign and submit the Agreement with the
Bonds and other documents required by the Bidding Requirements within fifteen (15)
days after the date of OWNER'S Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following
Addenda, receipt of all which is hereby acknowledged:
Number
(b) BIDDER has familiarized
Documents, Work, site,
Regulations that in any
furnishing of the Work.
Date
itself with the nature and extent of the Contract
locality, and all local conditions and Laws and
manner may affect cost, progress, performance or
(c) BIDDER has obtained and carefully studied
obtaining and carefully studying) all such
explorations, tests and studies which pertain
(or assumes responsibility for
examinations, investigations,
to the subsurface or physical
11
~ Q0V131
conditions at the site or otherwise may affect the cost, progress, performance or
furnishing of the Work as BIDDER considers necessary for the performance or
furnishing the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, and
no additional examinations, investigations, explorations, tests, reports or similar
information or data are or will be required by BIDDER for such purposes.
(d) BIDDER has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of any
and all Underground Facilities. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect of said
Underground Facilities are or will be required by BIDDER in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisioiis of Paragraph 4.04 of the General Conditions.
(e) BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
(f) BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER.
(g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization or corporation; BIDDER has not
directly or indirectly induced or solicited any other Bidder to submit a false or
sham Bid; BIDDER has not so.licited or induced any person, firm or corporation
to refrain from bidding; and BIDDER has not sought by collusion to obtain for
itself any advantage over any other Bidder or over OWNER.
-M 000132 12
4. BIDDER will complete the Work for the following price(s):
UNIT PRiCE SCHEDULE
ESTIMATED UNIT TOTAL
NO. DESCRIPTION OUANTITY PRICE PRICE
1. 4" Crushed aggregate base
(installation only). 6,571 SY $~C) $2 7, S 4 g•-ZO
2. 2" Hot-mixed asphalt wearing surface. 6,632 SY $ U51 $ 93.5(. q. a4
TOTAL BASE BID:1~1~_~Q,~~J~ ~ 'C►'l M4a4~ /Vu'"-~- v~ $_Llo, 94.2-`1q
S WORDS) (L~ (FIGURES)
q~y~ p~ ~ ~au2 C~~
5. BIDDER agrees t at the Work will be substantially ompleted and ready for final
payment within 60 calendar days from receipt of Notice to Proceed from the City of
Paris, as provided in the General Conditions.
BIDDER accepts the provisions of the Agreement as to $100 per calendar day liquidated
damages in the event of failure to complete the Work on time.
6. The following documents are attached to and made a condition of this BID:
(a) Required Bid Security in the form of EO/a &d l~on~
7. Communications concerning this Bid shall be addressed to the address of BIDDER
indicated below.
8. The terms in this Bid, which are defined in the General Conditions of the Construction
Contract, included as part of the Contract Documents have the meanings assigned to them
in the General Conditions.
SUBMITTED on (ILU q lA_ 20~_•
~
Of the above total - Base Bid, $ is for materials actually
incorporated in the Work, and $ 1q Q.~ is for all other costs.
13
- 000133
IF BIDDER IS: '
An Individual:
By (Seal)
(Individual's Printed Name and Signature)
doing business as
Business Address:
Phone Number:
****************************************M*************************************
C
BAy . tnc-G12~'cr D ra.~
L . f'
Seal
~ (Name of Firm) ~
~ Dr'a,k-rL L L.
(General Partner's Printed Nan
~e and Signa --7~
Business Address: q C~ ~wy a 7/ IV d r~ l y ~ S~' ~-3
Phone Number: (R0.
3~ _7 3_2 - 4 79 / "
A Corporation: ,
Name of Corporation:
State of Incorporation:
By
(Printed Name of Person Authorized to Sign and Signature)
(Title)
Attest: (Corporate Seal)
(Printed Name and Signature of Secretary)
Business Address:
Phone Number: -
A Joint Venture:
By (Printed Name and Signature)
Address: Phone:
By
(Printed Name and Signature)
Address: Phone:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture shotild be in the manner indicated above.)
~ 000134 14
Trail de Paris
East Extension Project Contributors
• 0.8 mile asphalt trail extension
Grant-TPW D---------------------------------------------------$99,990.65
• Prefab truss bridge, abutments and approach
Grant-First Federal Community fund---------------------- $30,000
Grant-Greater Paris Development Foundation---------- $30,000
Grant-Lennox Foundation----------------------------------- $30,000
• Engineering cost estimates for trail construction
Hayter Engineering--------------------------------- PRO BONO
• Bridge approach design and bid package preparation
Hayter Engineering--------------------------------- PRO BONO
• Bridge abutments design
Clottey Engineering-------------------------------- PRO BONO
• Bridge abutment and approach construction
Stephen's and sons--------------------------------- AT COST
• Off loading of Prefab bridge
Stephen's and Sons--------------------------------- PRO BONO
• Setting Prefab Bridge
Hargis Electric --------------------------------------PRO BONO- SETTING COST
using Luckett Crane Service (Possibility if timing can be worked out)
• 2 sets of RR Bridge hand railings
Turner Pipe-tubing material-------------------- PRO BONO
Cunningham-angle iron material-------------- AT COST
Grant-PEDC- material cost--------------------------------- $700.00
PJC welding department fabrication----------- PRO BONO
~ 000135
• Trail head extension parking lot
Partnered with the Red River Valley Boys and Girls Club to use their parking
lot------------------------------------------------------ PRO BONO
20% TPWD Match
TPWD allowed Prefab bridge cost as City of Paris grant match--$25,000
• Prepared, wrote, submitted, and was awarded 4 Grant applications
amounting to $215,000
"Friends of the Trail de Paris" advocacy organization-------- PRO BONO
Provided by Earl Erickson.
- 00(1136
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