2010-082 RES APPROVING THE BID AND AWARDING THE CONTRACT FOR THE CONSTRUCTION OF A FISHING PIER AT LAKE CROOK TO BOBBY SMALLWOODRESOLUTION NO. 2010-0$2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING
THE BID AND AWARDING THE CONTRACT FOR THE CONSTRUCTION OF A FISHING
PIER AT LAKE CROOK TO BOBBY SMALLWOOD CONSTRUCTION COMPANY, INC.,
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 "Lake Crook Fishing
Pier Project" which bids were received until 3:00 o'clock P.M., Friday, the 16th day of July, 2010; and,
WHEREAS, the lowest responsible bid for all phases of the project was made by Bobby
Smallwood Construction Company, Inc., 1795 17th Street NE, Paris, Texas 75460, in the amount of
$93,393.60, and the contract should be awarded to Bobby Smallwood Construction Company, Inc. 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 Bobby Smallwood Construction Company, Inc., Paris, Texas for the
"Lake Crook Fishing Pier Project", in the amount of $93,393.60, 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".
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 construction of a fishing pier at Lake Crook with Bobby
Smallwood Construction Company, Inc. 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 26th day of July, 2010.
Ziar ATTEST: ,
~ talo
iEllis, City Clerk
APPROVED AS T M:
.
W. Kent M yar, City ttorney
ADVERTISEMENT FOR BIDS
Project: Lake Crook Fishing Pier
Project No.: HEI #180044
Owner: City of Paris
The City of Paris will receive sealed bids for the unit price general construction contract for the
construction of a fishing pier until 3:00 p.m. on July 16, 2010, at City of Paris Council
Chambers, 107 East Kaufman Street, Paris, TX 75460, at which time bids will be publicly
opened and read aloud in the Council Chambers.
The Plans, Specifications, and other Contract Documents may be examined at the following
places:
City of Paris, City Hall, 135 SE lst Street, Paris, TX 75460.
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 from Hayter Engineering, Inc., upon payment of
$25 (payable to Hayter Engineering, Inc.) for each set, which is not refundable
The OWNER reserves the right to waive any informalities or to reject any or all bids.
Each BIDDER must deposit with his bid, security in the amount, form, and subject to the
conditions provided for in the Information for Bidders.
All bids shall remain good and may not be withdrawn for 90 calendar days after the actual date
of the opening thereof.
Dated: 6/22/10 and 6/29/10 CITY OF PARIS
EXHIBIT A,
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
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work project is generally described as follows:
Lake Crook Fishing Pier
HEI #180044
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 120
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 VJork 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 $ 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:
18
~ 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 than $400,000, no interest will be paid to the
CONTR.ACTOR 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 carefully 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 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 conditions 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.
1 19
~ 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 fumish 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 the 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 subcontractor is eligible to be awarded government
contracts.
Article 8. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire Agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following:
8.1 This Agreement
8.2 Bid and Bid Schedule, Advertisement, 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 April 2010.
1 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, c the g Contact Docud ments other pdouant e to S amending,
General
~ modifying, or supplementing
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 General Conditions.
92 No assignment by a PartY hereto of any rights under or interests in the Contract
~
Documents will be binding on another party hereto without the written consent of the
~ party sought to be bound; and specifically, 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.
Article 10. OTHER PROVISIONS
a None.
L
21
fN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
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 , 2010.
OWNER: CONTRACTOR:
By: _
Title:
(Corporate Seal)
Attest:
Address for giving notices:
P.O. Box 9037
Paris, TX 75461
By: _
Title:
(Corporate Seal)
Attest:
Address for giving notices:
22
Bici Bond
SURETY DEPARTMENT
Conf'o1•ms witli tlie Americaii institute of
Architects, A.I.A Docuinents No. A-310
KNOW ALL MEN BY THESE PRESENTS,
Bobb Smallwood Construction Co. Inc. as Principal
That we,
hereinafter called the Principal, and Ohio Farmej•s Insuranee Com an a corporatioii created and existing under the aws
of E1ie State of OH whose principal office is in Westfield Centez• as Sii1•ety, hereinafter called tha
Surety, are held and firmfy bound u❑to Cit of Paris as Obligee, hereiiiafter calied the Obligee,
in tlie sum of Five Percent of the GreAtest Amount Bid Doliars ($5% GAB)
for the payment of which sum, weil and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, SUCCCSSOI'S AI1CI 2SS1g11S, jointly and severaliy, firuily by these presents
Whereas, the Principal has submitted a bid for Lalte Croolc Pier
NOW, THEftEFORB, if the Obligee shall accept the bid of tlte Principal and the Pruicipal shall eltter into a contract tvitli the
Obligee in aceordance with the terms of such bid, and give sucli bond or bonds as may be specified in the bidding or contract
documents with good and sufficient surety for tlie faitliful performance of such contract and for the pi•ompt payment of laboz• and
material fiirnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such
bond or boiids, if the Principal shali pay to the Obligee the difference not to exceed the penatty hereof Ueriveen the amount
specified in said bid and such larger amount for wtiich the Obligee may in good faith coutract with another party to perform ttie
work covered by said bid, theii this obligation shall be null and void, otherwise to remain in full force and effect
Signed and sealed tliis 1601 day of Julv, 2010
Bobb Smalhvood Cansti•uction Co. Inc.
(Principa
By (SEAL)
Ohio rarmers Ius"u"ance Coinnanv
(Surety)
By 4+/ dn'~ _tSEAL)
Richard W. Daiker Attorney-ul7fr:at' ,
, ,
Tti1S PQIMER QF AT'iORtdEY SUpERCEDES ANY PREVIOUS POYYttl t3tAHtf4u i nta anmc
POWER # AND ISSUED PRipR TO 07/28H0, FOR ANY FERSOW OR PERSONS NAMED BELOW.
Genera!
Power
of Attorney
POWER N0. 4220012 01
~~sffieId ins~~~nce Coa
Vifes#fieId Nationai Onsurance Coa
CERTIFIED COPY Oh9~ ~arIf~~~s Msurance Goa
Westfiefd Center, Ohio
Kaow AI! Marr by Thesa Presants, 7hat WES7FIELD INSURANCE COMPANY, WESTFIElO NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, heralnaiter referred to lndividually as a'Company' and collect(vely as 'Companfas,' duiy
orqanized end existlng under the faws of the State ot Ohio, and havtng its pr(ncipal offtce in Westfield Center, Medina CAUr11y, Ohlo, d0 by th&Se
presents maka, canstitute and appoint
fiICHARD W. UAIKER, TOP1Y F(ERRO, J9HNNY MOSS, JAY JORDAN, AAROH ENDRlS, JOINTLY OR SEVERALLY
of ROOK1NAi1. and 5ta[e of TX Its true and lewful Attorney(s)-tn-Fact, with iull power and atfthorlty heraby conterred in Its name,
plaoe and stead, to execute, ackrtowledge and cfellver ariy and a11 bonds, rewgn(xances, undertaWngs, or other lnstruments or contracts of
su~hlP •
LlELtiT TION: 7HIS POWER OF ATTCRHEY CANNOT BE USEb TO EXECU7E NOTE OUARANTEE, MORT~3AGE DEFiGIEMCY, EQORTGAOE
G A€, OR BAHK DEPOSITORY BONDS.
and to bind eny ofthe Companles thereby as fully and to the sama extent as ff such bonds were slgned by the President, sealedwlth the corporate
seal of the appllaabie Company and duty attested by 3ts 5ecretary, hereby ratity(ng and confirming all that the seid Attorney(s)-{n-Fact may do In
the premfses. Sald appointment is made under and by authoriry of the following rasolut{on adopted by the Board ot Dlrectors o( each ot the
WESTFIELD INSURANCE CoMPANY, WESTFlELD NATIONAI tNSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
`6a tt Resolved, that the Prasldent, any Sanlor Executive, eny Secratary br any Fldelfty & Surety Operatlons Executiva or other EcECUtlva shal(
be and (S hereby vested Hnth full powef and authority to appolnt any ane or more suitable persons as Attorney(s)-in-Fact to represent and act tor
and on behalf ot the Company subjed to the following provistons:
T'he Atiornay-ln-Fact may ba glven tuil power and authority tor and in the name of and on behalf of the Cwnpany, to execute, acknowledge and
deliver, any and a1l bonds, recognizances, contraUs, agreements o! Indemnity and othar condltfonai of obligatory undertakings end any and ai1
notices and dxuments canceilrtg or terminating the Company's ilabtlity thereunCer, and eny such lnstrumenfs so axecuted by any such
Attorney-in•Fact shafl be as bindine upon the Company as It signed by the Presldeni and sealed and attested by the Carporate Secre#ary.'
'8c !t Further Resotved, that the signature of any such deslgnated person and the seai of the Company heretoFore or hereaft6r affixed to any
power of attorney or any certificate relating thereto by facsimEle, and any power ot attorney or certiflcata beartn8 tacstrn[le stgnatures or tacs►mile
seal shall be valld and bindfng upon the Company with respect to any bond or undertaking to which It ls attached.' (Each adopied at a meetfng
hafd on February 8, 2000). .
!n Vfitrress Whereof, WESTFfELD INSURANCE COMPANY, WESTFIEID NA710NA1. IhtSURANCE COMPANY and QHIO FARMERS INSURANCE
COMRAtVY have caused these presents to be signecf by thelr 5enlor Exeeut€va and thelr corporata seats to bs hereto afflxed tAis 28th day of
JAHEIARY A.D., 2010 , _
Corporate ~^•..pN
3eais
Nftfxed ~ f"~ ory s ; p. '•G-p'•
SEAL ~~I.
..a;
State ot Ohlo
County of Medina ss,.
~.ww n~ip~h
~
:,p•
~~'g'•, 1848 , ;
# ° k
WESTFIELD 1NSURANCE COMPANY
WESTFIELD NATIONAL fNSURANCE COMPANY
O}il0 FARMERS INSURANCE COMPANY
rB y:
R(chard L. Klnnalyd, Jr., Senior Executive
On ihls 28th day of JANUARY A.D., 2010 , before ma personal(y came Rtchard L. Kfnnafrd, Jr. to ma known, who, beiRg by ms duly
smorn, dfd depose and say, that ha resides In Medirra, Ohio; that he ts Sanior Executlva of WES7FIELD 1NSURAhtCE COMPANY, WESTFIELD
NA710NAL 1NSURANCE GOMPANY and OHIO FARMERS 1NSURANCE COMSFANY, the companies dascr(bed in and vthlch executed the above
fnstrument; that ha knows the ssals of sald Campanies,; that the seals aiflXed to satd Insirument are such wrporate seals; that theywere so affixed
by order ot the Boards of Directors ot sa(d Campanies; and that he s(gned his name thereto by ItKe order.
Nota~f ~ ~~a ~
AL.,w,~y~
Attixed
• • Willtam J. Kahe(ln, A rney at Law, Notary Publlc
State of Ohfo o iwiy Commisslon Does Not Explre (Sec. 147.03 Ohio Ravised Coda)
County of Medina ss.: o
I, Pranfc A. Carrlno, Secretary of WESTFiELO INSURANCE COMPANY, WESTFIELO NATIONAL INSURANCE COMPANY and OHIGt FARMER3
tNSURANCE COMPANY, do hereby certify that the above and foregoing is a true end correct copy of a Power of Attornay, axeeu-t'ed by sald
Compantes, which is Stfll In tu!l torce and affact; and furthermora, the resoluttons qf the Boards of Dlrectors, set out In the Power ot Att rn ara
fn fult force and effect.
!n WItnB3s V/heraof, I have harsunto set my Aand and affixed the seals of sald Cbrrlpanles at Westfiald Csnter, Oh(a, this ay t
s ,,..~ONA(;--., . ~
Vo~.~ ~ ~~`ki Q~~~•,•... ..HsG~ :
t4r% 7.
:
w7EAL :rn;
-.3 : :o :
',',~~'''+a~~ in,u~r`~•
<
.
~ . . ~
~ SaavtrsTy
ra. Carrlna, ecre
UNIT PRICE SCHEDULE
NO. DESCRIPTION
l. 10" QJ Piling, complete, in place.
2. Pier, complete in place on pilings,
including railings.
3. Site work, grading, and
temporary erosion control.
4. Sidewalk, complete, in place.
5. Accessible parking space
(concrete only).
6. Seed and mulch.
ESTIMATED
4UANTITY
20 EA
1,280 SF
1 Ls
1,175 SF
1 LS
1 LS
UNIT TOTAL
PRICE PRICE
s 3
~ ~n i, ~ :•~f - `',;t
S49,-
~ 7~~ $ ~
s /J,
7. Pavement marking and signage. 1 LS
TOTAL BID: <
` (USE WORDS)
s
$BY OWNER $BY OWNER
$BY OWNER $BY OWNER
~i✓d $ `a3i J
~ „-~~---J(FIGURES)
DED UCTIVE ALTERNATES:
D1.Use hot dipped galvanized fasteners
and hardware in lieu of stainless
steel. Deduct $
5. BIDDER agrees that the Work will be substantially compl ~~ad and mmences to
t Time cofor 1
payment within 120 calendar days after the date when the Con
run, as provided in the General Conditions.
f the A reement as to $125 per calendar day liquidate~„,~~~
BIDDER accepts the provisions o g
damages in the event of failure to complete the Work on time.
~ ~ I~l~AC'sE~'
6. The following documents are attached to and made a condition of this BID: ;_i~"
(a) pA R M~
Required Bid Security in the form of I K 7. Communications concerning this Bid shall be addressed to the address of BIDDER
indicated below.
8. The terms in this Bid, which are de~~act dDocuments have the mtean ngs assigned to them
Contract, included as part of the Con
in the General Conditions.
SUBMITTED on ('-~-kZv 20 ~ _v f is for materials actually
Of the above total - Base Bid, $
incorporated in the Work, and $ is for all other costs.
13
IF BIDDER IS:
An Individual:
By
(Individual's Printed Name and Signature)
Seal)
doing business as _
Business Address:
Phone Number: _
A Partnership:
(Seal)
By
(Name of Firm)
(General Partner's Printed Name and Signature)
Business Address:
Phone Number: _
A Corporation:
Name of Corporation: 64o~~
State of Incorporation: r S
gy 5~~.~lv~c~a
(Printed Name of Person Authorize to Sign and Sigriature)
(Title)
Attest: Corporate Seal)
(Printed Name and Signatu o ecretary)
Business Address: 0-A ~ S f'? C t S} , A"'K-~S ~X- -1 ~5~ C)
Phone Number: Ql b -5 - ~ Q - a 3fM
~
' A Joint Venture:
By
~ Address:
(Pnnted Name and Signature)
Phone:
By
(Printed Name and Signature)
Address: Phone:
I (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.)
14
Bid Tabulation
City of Paris
Lake Crook Fishing Pier - Revised 6/22110
HEI #180044-280
July 16, 2010
_
J.VV'J.11•
Bobby Smaliwood
Construction
-
We Build, Inc.
Item
Descri tion
Estimated
Quanti
Unit
Price
Total
Price
Unit
Price
Tota)
Price
1
10" Diameter pilin
20 EA
665.50
13,310.00
520.00
10,400.00
2
Pier, includin railin s
1,280 SF
48.31
61,836.80
54.00
69,120.00
3
Site work, radin , tem ora erosion control
1 LS
7,865.00
7,865.00
25,095.00
25,095.00
4
Sidewalk
1,175 SF
7.26
8,530.50
5.00
5,875.00
5
Accessible parkin space concrete onl )
1 LS
1,851.30
1,851.30
3,200.00
3,200.00
6
Seed and mulch
1 LS
B Owner
B Owner
B Owner
B Owner
7
Pavement markin and si na e
1 LS
B Owner
B Owner
B Owner
B Owner
TOTAL BID
$93,393.60
$113,690.00
Deductive Altemate:
D1
Use hot dipped galvanized fastenerslhardware in
lieu of stainless steel
Deduct
0.00
(4,400.00
TOTAL BID PLUS DEDUCTIVE ALTERNATE
$93,393.60
$109,290.00
4445 S.E. LOOP 286
PARIS, TEXAS 75460
(903) 785-0303
HAYTER FAX (903) 785-0308
ENGINEERING, INC.
CONSULTANTS PLANNERS ENGINEERS
July 19, 2010
✓U %ceiMr. Kevin Carruth, City Manager
p't.~,~ Z410
City of Paris ar~S ~Xas
135 SE lst Street
Paris, TX 75460
REFERENCE: Lake Crook Fishing Pier Re-Bid
HEI 4 180044-280
Dear Mr. Carruth:
On July 16, 2010, the City of Paris received bids for the above referenced project. Two bids were
received, with the lowest being that of Bobby Smallwood Construction in the base bid amount of
$93,393.60. A bid tabulation is attached for your review. Also attached is a copy of the low bidder's
bid.
We have verified the mathematical accuracy and completeness of both bids, and have verified that
the bonding company is licensed in Texas. The low bid appears to conform to the contract document
requirements. Based upon past experience with the contractor, we believe the low bidder to be
responsive and responsible.
We therefore recommend award of this project to Bobby Smallwood Construction, in the base bid
amount of $93,393.60. If the City concurs with this recommendation, please sign the attached three
original Notice of Award forms. Upon signing, please return all three originals to this office for
further execution.
Sincerely,
HAY*R ENGINEERING, INC.
R. Reeve Hayte , P.E.
President
Enclosures
cc: Alice Pinalto w/attachments
Shawn Napier w/o attachments
Service Sifice 1957
TBPE 17-000315
Bid Tabulation
City of Paris
Lake Crook Fishing Pier - Revised 6/22/10
HEI #180044-280
July 16, 2010
3:00 n.m.
Bobby Smaliwood
Construction
We Build, Inc.
Item
Descri tion
Estimated
Quanti
Unit
Price
Total
Price
Unit
Price
Total
Price
1
10" Diameter piling
20 EA
665.50
13,310.00
520.00
10,400.00
2
Pier, including railings
1,280 SF
48.31
61,836.80
54.00
69,120.00
3
Site work, grading, temporary erosion control
1 LS
7,865.00
7,865.00
25,095.00
25,095.00
4
Sidewalk
1,175 SF
7.26
8,530.50
5.00
5,875.00
5
Accessible parking space (concrete onl )
1 LS
1,851.30
1,851.30
3,200.00
3,200.00
6
Seed and mulch
1 LS
B Owner
B Owner
B Owner
B Owner
7
Pavement marking and si nage
1 LS
B Owner
B Owner
B Owner
B Owner
ITOTAL BID
$93,393.60
$113,690.00
Deductive A/ternate:
D1
Use hot dipped galvanized fasteners/hardware in
lieu of stainless steel
Deduct
0.00
4,400.00
TOTAL BID PLUS DEDUCT/VE ALTERNATE
$93,393.60
$109,290.00
Bid Bond
SURETY DEPARTMEHT
ConCorms with tl~e America~i lnstitute of
Arcl~itects, A.I.A Documents No. A-310
KNOW ALL MEN BY TEiESE PRESENTS, as Principal
That we, Bobb Smallwooci Construction Co. Inc.
inafter called t{ie Principal, and Ohio Far~uers Insurance Com~~nanY a corporation created and existing under ~e ~ ee
ield Center as Surety, hereinafter called the
here
of die State of OH ~~vhose prutcipal office is in w~ as Obligee, hereinafter cal[ed the O tg ,
Surety, are held and firmly Uound unto Cit of Parls
in tlie sum of Five Percent of tl~e Greatest Amount Bid Dollars ($5% GAB)
for tlie a~eut of ~vhich sum, well and truly to be made, the se e all c firn ly by these presentsb~~td ourselves, our lieirs,
P Yn
executors, administrators, successors and assigns, jointty an Y~
Whereas, tfie Principal has subn~itted a bid for Lalce Croolc Pier
NOW THEREFORE, if tl~e Obligee shall accept the bid of tluc Principal and the PrLicipal shall enter into a contract oftlabor and
li bond or bonds as may be specified iii the bidding or contract
pbtigee in accordance ~vith the terms of such bid, and g►ve s
documents ~vith good and sufficient surety foro l 1L thet event of t{ie failu~e of tlie Principat tofenter suchlcontact and give suciti
m1terial ftirnished it~ the prosecution thereof,
bond or bonds, if the PriT~cipal shall pay to the Oblig ~ethe Obl'eree may in good fa th co tract ~v th another partytto perform the
specified in said bid and such larger aniount for ~vfuc g
~vork covered by said bid, then this obligation shafl be null and void, other~vise to remain in fult force and e ec
Signed a~id sealed ttiis 16t1i day of Julv, 2010
Bobb Smalltivoocl Construction Co. [nc.
(Principa
r--1 (SEA
By
OLIo Tarmers Insarance Co~n an
(Surety)
(SEAL
By ~ W ~ ~ ~~v
Richard W. Daiker Attorney;i~lrf~ctit':;
. . ~ `
. • ~ , .
~ ~
, : ,1 ' ;
TNtS RQMR OFATfORNEYSUPERCEDE3 ANY PREVIOtIS PaWtH titAKiNu Inw annac
POWER# AtVD 155UED PRIOR TO Otf28/10, FOR ANY PERSCN OR PERSONS HAMED BEIOW. POWER N0. 4220012 01
Genera!
Power
of Attorney
CERTiF1ED COPY
~estfleld Qnsurartce Co.
Vlfestfieid National 6n$urance Co.
Ohso Favmers 8~~unince Coo
WestfieEd Center, Ohio
Know Att Mart by 7heso Prosenis, 7hat WESTFIELD fNSURANCE COMPANY, WESTFIELO NATIONAL iNSVRANCE COMPANY and OHlO
FARMERS INSURAt{CE COMPANY, corporations, herelnaRer reterred to lndwiduaqy es a'Company' end coltedtvely as 'Canpanfes,- duiy _
organlzed and exlsUng under tha isws of tha Stata of Oh1o, and havtng its prlncipa[ offlce in WestHeld Genter, Medina Counly, Ohlo, do by these
prestnts make, caistltute and appotnt
fi(CF}ARD ti'r►. DAIKER, TOFlY FlERRO, dONNtdY M055, JAY JORDAH, AARON ENDRIS, JOINTLY OR SEVERALLY
ot RoOKVYALL and 5tate of TX its trua and letvfut Attorney(s)-fn-Fact, with full power and authorlty heraby confetreA In Its nama,
pfaca and stead, to ezecute, acknovtledga and Cellver anyr and elt bonds, recognlzances, undertakings, or other Instruments-or contracts of "
s~P. - . . . . . . . . . . . . . . .
URt1T TtOH: THi3 POWER OF ATT4RkEY CANHOT BE USED TO EXECU7E ltO7E OUARANTEE, MORTGAOE DEFtCiENCY, FQORTOAOE
p p~, OR BANK DEPOSITORY BONDS.
and to bind any of the Companles thereby as fuliy and to the sama extent as ft such bonds viera slgned by the Pres(dent, sealed wtth the corporate
seal of the appllcabte ComDany and duty attested by Its 5ecretary, hereby ratlNing and wnflrming a11 that tha sald Attorney(s)-In-Fact may do In
the prerr►tses. Said eppolntment ls made under and by authority of tha followtng rasolutlon adopted by the Soard of Diredois of each of the
wESTFJEIO lNSt1RANCE CoMPANY, WES7FlElD NA710NA1 INSURANCE COIIPANY and OtilO FARMERS INSURANCE COMPANY:
'Ba tt Resofved, that the Prastdent, eny Sanior Exscutlve, eny Secretary or any Ftdeltry & Surety Operattons Execurive or other Executlva shatl
be and Is hereby vested wth fuU powaf and authority to appolnt any one or more su(tabto persons as Attarnay(s)-tn•Fact to represent and ad tor
and on behalt of the Corrtpany suOJed to tho (ollowtng provtslons:
The AttornoY-ln-Fact mey ba glVen (uli power and authorfty (or and In the name of and on bahalt of tha Company, to execute, acknowiadge end
deliver, any and all bonds, recogn(zances, cootracts, agreements of lndemnity end other condlt(onat or obtlgatory undertakings and any and all
notloes and documents cancefing a terminatine the Companys Ifabllity thereundeY, and eny such instruments so eXecuted by 8ny such
Attorneydn•Fad shall be a9 bindtng upon tha Company as I} slgned by tha Presldent end seated and attasted by the Corporata Secretary.'
'Ba It FurtAar Resolved, that the slgnatura of any such deslgneted person and tha seal of tha Gbmpany heretofora or horeaRer afAxed to eny
povrer of attornoy or any cori(Hcata relating thereto by tacstmlle, and any power of attorney or certiflcata beartng tacSlmlle stgnatures or tacsimlie
seat shall be valfd and binding upon tha Company wlth raspect to any bond or undertaking to which it Is attached.' (Each adoptad at a meexing
hetd on Febtua 8, 2000). •
!n S'litr~ess W~ereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL fNSURANCE COMPANY and OHiO FARMERS INSURANCE
COMPAtIY have caused thaso presents to ba signed by thetr SeNor Executlve and lhetr corporata sea(s to be hereto atftxed this 28th day of
JAttlIARY A.D..2Qt0. .
coryorate ~s~RA .°°~to:~•
4.SG
AfifXe6 ~v • asY q k0 ~ ~'•'1~
8 tm y 7N; SEAL
State of Ohlo
~~~~"~nn~ iU~N~•t`
County of Medina $s.;
+ • c~
1848 y/,4•,miin~ur~"~~,~
WESTFIEI.D INSUFtANCE COMPANY
WESTFIEl.O NATIONAC. (NSURANCE COMPANY
w 01110 FARMERS INSURANCE COMPANY
8y:
Rlchard L. K(nnaird, Jr., Senior Executive
On this 261h day of JANUARY A.p., 2010 beforo ma personatly cama Richaid L. Klrtnafrd, Jr. to me known, who, befng by ma duiy NCE
hs abovs
COMPANY NATIO~NAdid l1NSURANCE C~MPANY e~ nd dOHI~NFARMER3 hFt3URaRNCE COMPANY tha~comp nles dasctibed nuand v hich executed tWESTFIELD
and that e r signed his o nama thee o by elke oer~rporata seats; that they v~ere so afflxed
by ordet of th~ knows of D(eettors of sald that
Notarial
r R1AC S"*,
Mixed ~CQ•''.......
Seal .0
. Willlam J. Ka6e(In, A rney at l.aw, Notary Pub!!c
State of Oh[o N o My Commission Does Not Explre (Sec. 147.03 Ohio Revised Coda)
County of Medtrta ss,:
C O F
O f ,oa
I, Ffanlt A. Carrino, Secretary of YIESTFIELD INSURANCE COMPANY, WESTFtELO NA7tONRL INSURANCE COthPANY and OHI ~ bMsald
lNSURAt{CE COMPANY, do hareby certffy ihat tha ebove and toregoing is a true and correct copy of a Power of Attorney, Y
Companies, whtch !s sGlt in futt force and ettact; and furthermora, the resotuttons o( iie goards of Directors, set out In the Paver ot ara
(n fuli torca end effect. f
eals ot safd CvrS?pantes at Westflaid Centet, Otito, this ay
!n Wffne3s Ylhereof, I have hareunto sat mY nand and atflxed the , s . (Pl
bl b
.
~ s~tnN/~ ny
R,! .lc /,y '
9
.
qTL :z: sw1~'s~~'~, ~ •
SE.C~ im 5 J !'af J~' ~ Ssaatt~
'0 =~gX 1848 Frank A. Carrlno, ecre
ti~~~ %?r~' • '.0: ~ ~ti~. •;l~:
: ~
UNIT PRICE SCHEDULE
NO. DESCRIPTION
1. 10" 0 Piling, complete, in place.
2. Pier, complete in place on pilings,
including railings.
3. Site work, grading, and
temporary erosion control.
4. Sidewalk, complete, in place.
5. Accessible parking space
(concrete only).
6. Seed and mulch.
7. Pavement marking and signage.
ESTIMATED UNIT TOTAL
QUANTITY PRICE PRICE
Zo EA $ $ 3
~
43~
1,280 SF
1 LS $
~5=
1,175 SF
1 Ls $1~= $
1 LS
1 LS
TOTALBID: 1t1.;' -
, (USE WORDS)
$BY OWNER $BY OWNER
$By pWNER $BY OWNER
%3~~
~alc~ $y--
- ~y-.~(FIGVxES)
DEDUCTI VE ALTERNATES:
D1.Use hot dipped galvanized fasteners
and hardware in lieu of stainless Deduct $
steel.
hat the Work will be substantially completed and readTy~fences to
5. BIDDER agrees t
payment within 120 calendar days after the date when the Contract Time co
run, as provided in the General Conditions. PECEI"VED
BIDDER accepts the provisions of the Agreement as to $lr2e per calendar day liquidate ~~~k
damages in the event of failure to complete the Work on ti
r~ITY NdAt~tAGE=
PAR XAS
6. The following documents are attached to and made a cqndition of this BI :
(a) Required Bid Security in the form of 2, GC 7. Co
mmunications concerning this Bid shall be addressed to the address of BIDDER
indicated below.
he terms in this Bid, which are defined in the General Condmteanin s assigned to them
g. T
Contract, included as part of the Contract Documents have the
in the General Conditions.
, 20 /D
SUBMITTED on
j~ y~ is for materials actually
Of the above total - Base Bid, $ is for all other costs:
incorporated in the Work, and $
13
iI
~ IF BIDDER IS:
~ An Individual: (Seal)
By
(Individual's Printed Name and Signature)
~ doing business as .
Business Address:
Phone Number:
~ *************~*~~x*~~*~*****x****~*~****~***************~x****~~~****~*~x*~~***~
A Partnership: (Seal)
By
~ (Name of Firm)
~ (General Partner's Printed Name and Signature)
Eusiness Address:
Phone Number:
r
A Corporation:
Name of Corporation: ~o-awecd Gos i t~
~ State of Incorporation:
gy ca~ok~~
~ (Printed Name of Person Authorize to Sign and Sigriature)
~v ~S\
(Title)
\ ~);t.~XC( Corporate Seal)
~ Attest:
(Printed Name and natu o ecretary)
~~kS ~ ~
Business Address: -k qG N L t I Q-
r Phone Number: Q b 3-~~~
***~********~***~*~~*~**~****~*~x***~****~********~******~**************~*~~~*~
' A Joint Venture:
By
, (Printed Name and Signature)
~ Address: Phone:
(Printed Name and Signature)
I By
Phone:
Address:
~
(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.)
r
14
it
NOTICE OF AWARD
To: Bobby Smallwood Construction Co., Inc.
1795 NE 17th Street
Paris, TX 75460
PROJECT Description:
Lake Crook Fishin¢ Pier Revised 6/22/10
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated 6/22/10 and 6/29/10, and Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount of
$93,393.60.
You are required by the Information for Bidders to execute the Agreement and furnish
the required CONTRACTOR'S Performance BOND, Payment BOND and certificates of
insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days
from the date of this Notice, said OWNER will be entitled to consider all your rights arising out
of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND.
The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER.
Dated this 26`h day of July, 2010.
City of Paris
Owner
By
Title City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
by Bobbv Smallwood Construction Co Inc ~
this the
day of
2010.
By
Title President
17