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2008-068-RES Approving the bid and awarding the contract for the Trail De Paris 0.8 mile easter trail extension project to Richard Drake Construction Company, L.P.RESOLUTION NO. 2008-068 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, Freelen, Mayor TTEST: Ynice Ellis, City Clerk ~P ~ A FORM: W. Ken cI ar, ity Attorney ~ M AGREEMENT THIS AGREEMENT is dated as of the day of in the Year 200 by ~ and between the City of Paris (hereinafter called OWNER) and I (hereinafter called CONTRACTOR). ~ pWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, a~ree as follows: ~ Article 1. WORK 10 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 4 185094 and HEI #180036 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 cotnpleted and ready for final payment within-60 calendar days from the date when the Contract Tiine 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 Aareement and that OWNER will suffer financial loss if the Work is not completed within the times specified above, 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: M 0 EXHIBtTA 1g ~ At the unit prices shown on the Unit Price Bid Schedule included in the Contract Documents. ~ Article 5. PAYMENT PROCEDURES ~ w ~ ~ ~ ~ IN IN ~ ~ ~ ~ . CONTRACTOR shall submit Applications for0esed n b1 l hded nnthe Conditions. Applications for Payment wtll be p1 Y ENGINEER, as prov General Conditions. The OWNER shall retain 10% of the amount of each PaY when the fWotkc sm ulbstantially acceptance of all Work covered I by the Contract Documents. 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" than $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, andl local o furnish ng of he Worktions that, in any mariner-, may affect cost, pi og ess, perfomance or 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions, if any, which are contained or identified iil the Contract Documents, and accepts the determination set forth in the Contract Documents of the extent of the technical 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 no[ldeto~ ~rnishing of the Work asSCONTRACTOR may affect the cost, progress, perfori 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 infor►nation or data are, or will be, required by CONTRACTOR for such purposes. 19 7.4 CONTRACTOR has reviewed and checked a~l~ in ex snIon and data shoFac 1 tiesdlat t or on the Contract Documents with respe g Underground contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities, whether indicated in the Cont~SCtpo~smstudiesroros a~ additional examinations, investigations, explorattons, tes , rp 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 Ee e~E discrepancies that he has disco e Contract Docume ts and the wr tten 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 certiftes 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 cotiiprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: _ 8.1 This Agreement 8.2 Bid and Bid Schedule, Advert isenlent, 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 tllereto, if any, such are included. 8.6 Supplementary Conditions 8,7 Technical Specification prepared or issued by Hayter Engineering, Inc. dated July 2008. 20 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 those listed above in this Article 8. The Contract Documents may only be amended, modified "or supplemented, as provided in the General Conditions. Article 9. MISCELLANEOUS 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 anotlier party hereto without the written consent of the party sought to be -bound; and specitically, 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 this 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 It 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 IN WITNES S WHEREOF, OWNER and CONTRACTOR OvWNER, e CONTRACTOR and multiple copies. One counterpart each has been de e ed o ENGINEER. All portions of the Contract Documents ave 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 ~ PUBLISH PARIS NEWS DATE: July 16, 2008 ~ DATE: July 23, 2008 DATE: July 30, 2008 ADVERTISEMENT FOR BIDS PROJECT: 0.8 Mile Extension of the Trail de Paris TPWD Contract # 185094 HEI # 180036 pWNER: CITY OF PARIS, PARIS, TEXAS Sealed bids for the unit price general construction contract for the construction of a 0.8 miles asphalt trail extension of the Trail de Paris will be received by the City of Paris, at the office of the City Hall, 135 15` St. S.E., Paris, TX 75460, until 3:00 P.M. August 7ffi, 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 lfi` St. S.E., Paris, TX 75460, 903 784-9234 Hayter En~ineering, 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 bood condition to the ENGINEER within 30 days after the date bids are received. ~ The OWNER (City of Paris) reserves the rijht 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. ~ All Bids shall remain good and may not be withdrawn for 90 calendar days after the actual date ofthe opening thereof. ~ This ProJ'ect is funded in part by a federal grant from the Texas Parks and Wildlife Department. ~ City Clerk Janice Ellis ~ 1 BID PROJECT IDENTIFICATION: CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMITTED TO: 0.8 Mile Extension of the Trail de Paris TPWD Contract 9185094 and HEI 9180036 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 Date (b) BIDDER has familiarized itself 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. (c) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical 11 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, iricluding specifically the provisioils of Paragraph 4.04 of the General Conditions. ' (e) BIDDER has correlated the i•esults of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 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. 12 4. BIDDER will complete the Work for the following price(s): UNIT PRICE SCHEDULE ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE l. 4" Crushed aggregate base (installation only). 6,571 SY $ $;2 7, S Q g-W 2. 2" Hot-mixed asphalt wearing surface. 6,632 SY $ 15 $ 83•N, q•a`t' TOTAL BASE BID: 4 1VUA4,e, "ed $/L~~4q WORDS) f R~~ (FIGURES) 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% b_t,,4 `JorL~ 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 (lu Cl 1,k / 200-• ~ Of the above total - Base Bid, $ 3c) is for materials actually incorporated in the Work, and $ 1 c~ is for all other costs. 13 ~IF BIDDER IS: An Individual: By doinj business as . Business Address: Phone Number: A P~ tnership• n By icit2r L .1~ (Seal) ~ - ~ ~rs-k-z L L C (Name of Firm) r2.1 (General Partner's Printed Na e and Signa s Business Address: (p ~-9O 7vwN a71 l~dr ~ ~✓ly ~ ~ ~ Phone Number: -73-2 - t/ 7$ / " **************************************~:*:~****~x************~x******************* A Corporltion: , - 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 1nd 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 should be in the manner indicated above.) (Individual's Printed Name and Signature) Seal) 14