2010-054 RES ACCEPTING BID AND AWARDING THE CONTRACT FOR THE TEXAS CAPITAL FUND GRANTRESOLUTION NO. 2010-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING
THE BID AND AWARDING THE CONTRACT FOR THE TEXAS CAPITAL FU1VD
GRANT 14" WATER MAIN EXTENSION TO DAISY FARMS TCF #729192, TO
PITTARD CONSTRUCTIOIV COMPANY, 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 "14"
Water Line Extension to Daisy Farms Project, #729192", which bids were received until 3:00 o'clock
P.M., Monday, the 5th day of April, 2010; and,
WHEREAS, the lowest responsible bid for the TCFG 14" Water Line Extension to Daisy Farms
Project #729192 was made by Pittard Construction Company, 718 Highway 82E #269, Sherman,
Texas 75090, in the amount of $847,906.25, and the contract should be awarded to Pittard
Construction Company 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 $847,906.25 bid of Pittard Construction Company, 718 Highway 82E
#269, Sherman, Texas 75090, for the "Texas Capital Fund Grant 14" Water Line Extension to Daisy
Farms, TCF #729192," 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
meeting all of the terms and specifications included in the agreement and bid documents attached
hereto as Exhibit A and providing all required performance and payment bonds and insurance
certificates as required.
Section 3. That the City Manager be and he is hereby authorized and directed to execute
on behalf of the City of Paris an Agreement for the 14" Water Line Extension to Daisy Farms in Lamar
County south of the City of Paris in the form attached hereto and incorporated herein as Exhibit A.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 12th day of April, 2010.
ATTEST:
00 , i
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, 'ty ttorney
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BID
PROJECT IDENTIFICATION:
CONTRACT IDENTIFICATION
AND NUMBER:
THIS BID IS SUBMITTED TO:
14" Water Main Extension to Daisy Farms
TCF #729192 and HEI # 124001
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 conditions 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:
o-
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Number Date
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(b) BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, siter 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
EXHIB1TA.,
I
~ 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 provisions 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.
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 solicited 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.
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4. BIDDER will complete the Work for the following price(s):
BID SCHEDULE
ESTIMATED
N(J. DESCRIPTION QUANTITY
,
UNIT
PRICE
TOTAL
PRICE
1. Mobilization.
1 LS
$ 1~; ; >
$
, ; ,
2. 14" PVC water line, DR 25 C 945.
LF
$
1C:,''
3. W Restrained joint PVC water line.
LF
I 4. Bore for 14" PVC, no encasement.
1,560 LF
$
$
`
5. 24" Dry bore.
220 LF
$
b. 24" Steel encasement.
220 LF
$
7. 12" Tapping sleeve and valve.
1 EA
$
~ 8. 14" Gate valve.
6 EA
9. Fire hydrant assembly.
8 EA
10. Air release valve assembly.
3 EA
`
11. Ductile iron fittings.
3.8 TN
"_I
( 12. Tcacer tape.
17,250 LF
$
13. 12 Gauge tracer wire.
17,250 LF
$
~ 14, Rock check dams.
17 EA
15. Silt fencing.
1,000 LF
$ ` `
$
~ 16. Trench excavat
ion Protection
(over 5' deep).
200 LF
$
-
~ 17. Seed disturbed areas.
1 LS
$
$
18. Stated allowance for purchase of
~ fittings, housing, water meter,
control valve, and backflow
preventer to be instalted by others
~
at Station 173 + pp.
$50,000.00
$50,000.00
~ TOTAL BASE BID: !
~
~,~c $
~ ~
. (US
WOR.DS)
(FIGURES)
ALTERNATE Bid #1._
I
1. 14 PVC water line, DR 25 C 905.
8,000 LF
$
$
=
;
~ 2. 14" Gate valve.
3 EA
$ ~ , , , .
$
_
3. Fire hydrant assernbly.
3 EA
$
$
4. Air release valve assembly.
2 EA
$
5. Bore for 1*'PVC, no encasement.
160 LF
$
13
~
"
`
6. Ductile iron fittings,
1 TN
4C"
$
~C~
M
7, Tracer tape.
$,000 LF
G
$ )-Cc
8. 12 G a u g e t r a c e c w i r e,
8,000 L F
$ ; iU,
~
9. Rock check darns.
1 EA
$
$ iC ~ .
10. Silt fencing.
200 LF
$
~
11. Seed disturbed areas.
1 LS
CL`
$
TOTAL ALTERNATE
BID `r, tl
17 . e~j~;nr~~..
v~~
$ . a3 l(
' SE WORDS)
(FIGURES)
~
ALTERNATE BID 92:
1. For time of coznpletion of 70 days, in lieu of 90 days,
add/.cieduet -
~
(choose one) $ 10,
0 ,
~ 5. BIDDER agrees that the Work will be substantially comp2eted and ready for final
paytnent within 94 calendar days after the date when the Contract Time commences to
~ run, as provided in the General Conditions.
BIDDER accepts the provisions of the Agreement as to $300 per calendar day liqwdated
~ damages in the event of failure to complete the Work on time.
b. The follawing documents are attached ta and made a condition of this BID:
~ (a) Required Bid Security in the form of ~ a t4 r~1 jc.t
~ 7. Communications concerning this Bid shalt 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 pact of the Contract Documents have the meanings assigned to them
in the General Conditions.
~ SUBMITTED on "A
~Ij` 20 iC~
~ Of the above total - Base Bid, $ L! L C C'C-' is for materials actually
inco orated in the Work and
rP , is for all other costs.
~ T
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IF BIDDERIS:
An Individual:
By • (Seal)
(Individual's Printed Name and Signature)
doing business as `
Business Address: -
Phone Number:
A Partnership:
By (Seal)
(Name of Firm)
(General Partner's Printed Name and Signature)
Business Address:
Phone Number:
A Corporation:
.
Name of Corporation:
State of corporation: .
,
B}' ~Y"
(Printed Name of Person Authorized to Sign and Signature)
" (Title)
Attest: E . J ` ` f}?2~o (Corporalte Seai) LL, (Printed Name and Signature of Secretary)
Business Address: ,
Phone Number: qr 0 3 e i --2,Y q7
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 should.be in the manner indicated above.)
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CONTRACTOR CERTIFICATIONS
U.S. Department of Housing and Urban Development
CERTIFICATION OF BIDDER REGARDINr-y CIVIL RIGHTS LAWS AND REGULATIONS
INSTRUCTIONS
CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to
adopt and abide by equal empioyment opportunity and affirmative action in their hiring, firing, and promotion practices. This
includes practices related to race, color, gender, religion, nationai origin, disability, and veterans' rights.
NAME AND ADDRESS OF BIDDER (include ZIP Code) ~7,'~;`,~ V
0z z ~ z6' ~
CERTIFICATION BY BIDDER
Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations.
jN Yes O No
The undersigned hereby certifies that:
The Provision of Local Traininq Emplovment and Business Opportunities clause (Section 3 provision) is included in
the Contract.
p eq c ,
The Non Segreqated Facilities clause (Section 109 provision) is included in the Contract. No segregated facilities
will be maintained as required by Title VI of the Civil Rights Act of 1964.
The Equai Emplovment Opportunity clause is included in the Contract (if bid equals or exceeds $10,000).
X The Affirmative Action for Handicaqped Workers clause is included in the contract.
Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?
❑ Yes J$' No
NAME AND TITLE OF SIGNER (Please type)
SIGNATURE ' DATE
~z
6 ~
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SECTION 504 CERTIFICATION
POLICY OF NONDISCRIMINATION ON THE BASiS
OF DISABILITY
The -does not discriminate on the basis of disability in
the admission or access to, or treatment ooyment in, its federallY assisted Pro9rams or
activities.
(Name) ~r /f
(Address) Z,?-
City State Zip
Telephone Number ( f ) 8 i F - 41.4 `7 Voice
( ) - TDD
has been designated to coordinate compliance with the nondiscrimination requirements
contained in the Department of Housing and Urban Development's (HUD) regulations
implementing Section 504 (24 CFR Part 8. dated June 2, 1988).
18
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
~ State of ~ .a-- x
..F
County of 4% ss.
wi.~, r l~?-?'"~t'~ , being first duly sworn, deposes and says
that:
( (1) He is of r~,y
the Bidder that has submitted the attached Bid;
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with another Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Paris (Local Public Agency) or any person interested in the proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representative, owners, employees, or parties in interest, including this
affiant.
/Z-
(Signed)
Title
%~v
Subscribed and sworn to me this ~ day of 206 /D .
By:
.__-Ndt,4y Public' Ett:. Son ia Lara
~ Notary Public
My commission expires State ot Texas
e ' M Commission Expires
~ Au ust 30, 2010
0
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Pittard Construction Company
as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, as surety, hereinafter called the
"Surety," are held and firmly bound unto City of Paris
as obligee, hereinafter called the Obligee, in the sum of 5 % of the greatest amount bid by Principal for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for 14Water Main Extention to Daisy Farms
Texas Capital Fund Grant TCF#729192 HEI#124001 Prol. No.
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract,
if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work
covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, neither Principai nor Surety shall be bound hereunder unless Obligee prior to execution of the
final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing
has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 10th day of April 2010
Pittard Construction Compan ~
(Prircipa"
BY:
/
TITLE: /`~;,.~~c~ /
SURETEC INSURANC COMPANY
BY:
Sonia Lara , Atiorney-in-Fact
POA
5072386
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSLIRANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Sonia Lara
its true and lawful Attorney-in-fact, with full power and authority hereby conferred 'ui its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Pittard Construction Company
Obligee: City of Paris
Amount: $ 860,000.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to thc following provisions:
Aitorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shail be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'4 nfApril,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this lst day of April, A.D. 2007.
SURETEC INSU CE COMPANY
URANC,~+~~ ~
~Ur • 1l q ~ By'
uii w ; D§ B.J. Ki , eside
State of Texas ss:
s ~
County of Harris
c
h'bunxnn*dm^"d
On this lst day of April, A.D. 2007 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the. above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seai; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
.:pYV 01"
RHONDA MCCARY
Notary Public, State of Texas
My Commission Expires
September 11, 2010
Rhonda McCary, Notary Publ
My commission expires September 11, 2010
I, M. Brent Beaty, Assistant Secretary of SLJRETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in thc Power of Attorney are in full force and effect.
Given under my hand and the seal of said Compwny at Houstor:, lexas this 10th day of w Apri~2010 , A.D.
M. Brent Beaty, Assistant Sl~cretary
~
Any instrument issued in excess of the penalty stated above is :otally vold and without any validity.
For verification of the authority of this power you m.,., call (71 811-0800 any business day between 8:00 am and 5:00 pm CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toli free telephone number for information or to
make a complaint at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252-3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
Web: http://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses
caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for,
molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or
parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or
cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded
obligations, of the occurrence, existence, or appearance thereof.
HAYTER
ENGINEERING, INC.
CONSULTANTS PLANNERS ENGiNEERS
April 23, 2010
City of Paris
P.O. Box 9037
Paris, TX 75461
ATTENTION: The Honorable Jesse James Freelen, Mayor
REFERENCE: 14" Water Main Extension to Daisy Farms
TCF #729192 and HEI # 124001-280
Dear Mayor Freelen:
4446 S.E. LOOP 288
PARIS, TEXAS 75460
(903) 785-0303
FAX (903) 785-0308
We have reviewed the bids received on April 5, 2010 for completeness, finding all bids to be
mathematically accurate, and have verified that the surety company is licensed in Texas. A bid
tabulation summarizing the bids is attached. Pittard Construction Company is the low bidder
with a Total Bid price of $624,906.25 and an Alternate Bid #1 price of $223,000.00.
Based upon a review of the Statement of Bidder's Qualifications, and reference checks, it appears
that Pittard Construction Company is capable of performing this project. It is therefore
recommended thax this project be awarded to Pittard Construction Company for the amount of
$847,906.25.
If you concur with this recommendation, as part of the award process, please sign the attached
three (3) copies of the Notice of Award and return all three copies to this office for further
execution by the construction contractor.
Sincerely,
HAYTER ENGINEERING, INC.
2R. Reeves Hayter, P.E.
President
Enclosures
Service Since 1957
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