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2010-083 RES APPROVING THE BID AND AWARDING THE CONTRACT FOR THE TRAIL DE PARIS EXTENSIONRESOLUTION NO. 2010-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR THE TRAIL DE PARIS EXTENSION FROM SE 8TH STREET TO SE 12TH STREET 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 "Trail de Paris Extension from SE 8th Street to SE 12'h Street Project," which bids were received unti13:00 o'clock p.m., Wednesday, the 30th day of June, 2010; 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 "Trail de Paris Extension from SE 8'h Street to SE 12'h Street 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 26th day of Jul 0. Will Biard, Mayor (;TLEST: . ice Ellis, City Clerk APPROVED AS TO F . W. Kent McIlyar, i ttorney 0 INSTRUCTIONS TO BIDDERS ~ 1. Define Terms Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the ~ General Conditions. The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to a Bidder. The term ~ "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, ~ Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all addenda issued prior to receipt of Bids). ~ 2. Copies of Bidding Documents 2.1 Complete sets of the Bidding Documents in th obainedtfromeENGINEER. The ~ stated in the Advertisement or Invitation to B d may be refundability of said deposits shall be as described in said Advertisement or Invitation. ~ 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ~ 23 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a ~ license or grant for any other use. ~ 3. Qualifications of Bidders To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of OWNER'S request, written evidence, such as financial data, previous experience, present commitments, other data outlined in the Statement of Bidder's Qualifications herein, and evidence of Bidder's qualification to do business in the state where the Project is located. 4. Examination of Documents 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents. ~ EXHIBITA 2 ~ 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site, if any, is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or other, and neither OWNER nor ENGINEER assume responsibility for the accuracy or completeness thereof. 4.3 Provisions conceming responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 4.4 Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site, or otherwise which may affect costs, progress, performance or fumishing of the Work and which Bidder deems necessary to determine its Bid for performing and fumishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Ba destore hens testorits formernconditions upon Bidder shall fill all holes, cleanup completion of such explorations. 4.6 The lands upon which the Work is to be performed, right-of-ways and easements for access thereto and other lands designated for use by CONTR.ACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRAu SOare Eos permanent dapa d for by eOWNER unless changes in existing struct otherwise provided in the Contract Documents. 4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement ~hinls Article that required by he Contract Bid is premised upon performing and furn g he Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and fumishing of the Work. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than five days prior to the date for opening of Bids may not be answered. Only 3 questions answered by formal written Addend ffect, b whether by ENGINEERhor interpretations or clarifications will be wrthout legal e other erson. by any officer, agent, or employee of OWNER or ENGINEER, or any P $,2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by pWNER or ENGINEER. 6. Bid Securit 6.1 Each Bid must be accompanied by Bid security made payabl ri thOfo Eof a certiarnount ed or of five percent (5%) of the Bidder s maximum Bid price and bank check or a Bid Bond (on form attache~~ is prescribed) issued by a surety, meeting the requirements of the General Condtions has execute The Bid security of the Successful Bidder will be retaiCUdt nt~rie e p lnthe B d secur t~y the Agreement and furnished the required contract se y, will be returned: If the Successful Bidder fails to exe15teaa d after the Notge of Award, furnish the required contract security within fifteen O Y pWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom b DEER until he earl reasonabl of he chance of receiving the award may be retained y rst seventh (7th) day after the Effective Date of the Agreemen~ oo~ etitnveyw 111 be retained after the Bid opening. Bid security with Bids which are nop no more than seven (7) days after the Bid opening. In the event that Bid Security is in the form of a Bid Bond, it will not be physically returned to the Bidder, except on written request. 7, Contract Time lly The number of days within which, or the dates by which, tn e Contracbt T me) areaset completed and also completed and ready for final payme (he forth in the Bid Form and the Agreement. g. Li^uidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. I 9, Substitute or "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and q substitute eorrib~edequale ~ or specifications without co nsideration of possble drawings items. Whenever it is indicated in the Drawings or s pn~ ~aY ibe furne hedao10 used by substitute or "or-equal" item of material or equipm CONTRACTOR if acceptable to ENGINEER, appli le n Dfor ate u of the acceptance n Agreemet o ~ ENGINEER until after the Effectiv considered by The procedure for submission of any such application by CONTRACTOR and consideration ~ 4 ~ by ENGINEER is set forth in the General Conditions and may be supplemented in the Technical Specifications. 10. Subcontractors Suppliers and Others 10.1 If the OWNER requests the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of'the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, persons or organization, if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other persons or organization, either may before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractors, Suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement, as provided in Paragraph 6.06.13 of the General Conditions. 10.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER'S written consent. 10.3 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other persons or organization against whom CONTRACTOR has reasonable objection. 11. Bid Form 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from ENGINEER. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 5 11.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is subrnitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. Modification and Withdrawal of Bids 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. Opening of Bids Bids will be opened and read aloud publicly. A tabulation of the Bids will be made available to Bidders after the opening of Bids. 6 15. Bids to Remain Subject to Acceptance All bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to that date. 16. Award of Contract , 16.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and correct sum thereof will be resolved in favor of the correct sum. 162 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Proj ect. 16.6 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ninety days after the day of the Bid opening. 7 17. Contract Securitv The Contract Documents set forth OWNER'S requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. 18. Si ing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparfs of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within thirty (30) days thereafter, OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. 19. Prebid Conference No prebid conference will be held. 20. Power of Attornev - Bonds Attorneys-in-fact who sign Bid Bonds, Performance Bonds, or Payment Bonds, must file with each bond, a certified and effective dated copy of their power-of-attorney. 21. Retainage From each partial payment made to the CONTRACTOR, an amount equal to ten (10) percent will be retained until after the completion of the Work to the Satisfaction of the ENGINEER. 22. Venue If any legal action is filed upon the bid, performance or payment bonds, or upon the Contract itself, venue shall lie in the County in which the project site is located. 8 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Richard Drake Construction Companv, L.P. as Principal hereinafter called the Principal, and Westfield Insurance Companv a corporation created and existmg under the laws of the State of Ohio whose principal office is in Westfield Center as Surety, hereinafter called the Surety, are held and firmly bound unto Citv of Paris as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($5% GAB) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for Trail de Paris Expansion - SE 8th St. to SE 12th St. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 13th day of Ju1v, 2010 Richard Drake Construction Companv, L.P. (Principal) BY ----(SEAL) Westfield lnsurance Comnanv (Surety) By (SEAL) R chard W. Daiker Attorney- in -fact 1 t{a9@Y SllPE63CEISES AR1Y PREVIDUS POFRltH t3h.Atttwti i nfa aoamc PF210P3 YO 01f28110, FOR AWY PEFdSON OR PERSOtdS idAAAED BELOW. POWER N0. 4220012 Qri Wes~~iu' 9~~~~~nce Coe Westfield Na$ional Insurance Coa Mo Farmor~s Nsurance Coo Westfield Center, Ohio know R11 Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPRNY, corporations, hereinafter referred to individually as a"Company" and coilective(y as "Companies," duly organized and existing under the laws of the State oF Qhio, and having its principal office in Westfield Center, Medina County, Oh10, d0 by thESB presents make, constitute and appoint RICHARD W. DAIKER, TORiY FIERRO, J9fifdPoY M(2SS, Jp,Y JORDAPI, AdaEdOPJ ENDRIS, JOIWTLY OR SEIJERALLY of FtOCKW,4LL and 5tate of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deiiver arsy and all bonds, recognizances, undertakings, or other insft-uments or coniracts of sLiiirelyshlP--------------------------.._-----------•---...---------------• UMITATIOH: THIS POHfER OF RTTORNEY GQNfdaT BE USED TO EXECUTE NOTE GUARAAlTEE, MaRTGAGE DEFICIEAICY, PAORTGAGE Gi ARES E, OR BAHK DEROSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal ot the applicable Company and duiy attested by its 5ecretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the prernises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD fNSURANCE COMPANY, WESTFIELD NAFIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be lt Resofved, tfiat the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitabie persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following Provisions: The Atiorney-in-FacL may be given full power and authority for and in the name of and on behaif of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contrads, agreements of 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-+n-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate trearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeYing hefd on February 8, 2000). !n 4t+'itness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and qHlO FARMERS INSURRNCE COMPANY have caused these presents to be signed by their Senior Exeeutive and their corporate seals to be hereto affixed this 28th day of JAliUARY A.D., 2010 . , rate Co ~ nNA~ ~/ti ~ ~ ~ - • ~ ~ . LL: ~ I ~ =W' ~1s0 ~~i ~ ~ ~N n" r ; ~~t1L 1848 ~ 4 4 ••p y State of Ohio , County of Medina ss,; WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY ~ ` . By: Richard L. Kinnaird, Jr., Senior Executive On this 28fh day of JANUARY A.D., 2010 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medirta, Ohio; that he is Senior Execufive of WESTFIELD INSURANCE COMPANY,'NESTFIELD NA710NAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrumerrt; that he knows the seals of said Cornpanies; that the seals affixed to said instrument are such corporate seais; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial r ' Seal ; R,'AS,"~ . Affixed A,P'~ 01 ~ . Wiltiam J. Kahelin, A rney at Law, No[ary Public State of Qhio 5+~ ~~o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) CounYy of Medina ss.: ~ I, Frattlt A. Carrino, 5ecretary of WESTFIELD INSURRNCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OffiQ FARAAERS 1NSURANCE COMPANY, do hereby certify that the above and foregoing is a true and corred copy of a Power of Attorney, executed by said Companies, which is stlll in tull fnrce and effect; and furthermore, the resolutior,o of trio Boards of Directors, set out in the Power of Attorney are in full face and etfect. C !n YJrfness Whereof,, I t)ave hereunto set my hand and affixed thF sea's of said C:mpanies at Westfield Center, Ohio, this uay of `i A D ' V )i~ ' .~`nNf1( ~~~p ~k.' ~ ~p.' ~ •;pG~; Z% ~1~ MA SEt-5_ii : m /40 p 1~48 ~ ; , . ~ ~ ~ * Se~8~ ~~Jl ' Frank A. Carrino, ecret 0-10 CERTIFIED GOPY RECEIVED PROJECT IDENTIFICATION: BID Trail de Paris Expansion SE S`h St. to SE 12" St. CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMITTED TO: CITY MANAGER PARIS, TEXAS TPWD #RT0819 and HEI 4180039 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: 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, 11 ~ explorations, tests and studies which pertain to the subsurface or physical 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. (f) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the w7itten 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. 12 4. BIDDER will complete the Work for the following price(s): RECE'V UNIT PRICE SCHEDULE ESTIMATED UNIT CI~ ~ (GER s ~ NO. DESCRIPTION QUANTITY PRICE PRfCE 1. Trail subgrade preparation. 2,274 SY $Q.00 $ y, 5 q gon 2. Trail subbase installation. 1,404 SY $ 9-75 $ / 3 Co S 06 - 3. Crushed aggregate base. 2,274 SY $ Iq, a I a-sd 4. Asphalt wearing surface. 1,706 SY $ .75 $ ~D, 04 5.50 5. Bridge abutments and wingwalls. 1 LS $ 13 8 $ 13~ gqb~O 6. Bridge placement and anchoring. 1 LS 0 $6, D a0 ~ (0,0000 7. Fill material between wingwalls. 1 LS $ 1, r-2p°o 8. Trail and bridge site grading. 1 LS $ a5.qab` $ Z S 90a 9. Compliance with NWP 14 and SW P3. 1 LS S1600 2,601) tt--L d~t.~-z ~l o 0 TO'TAL BID: d 2J o-z> $ I~DS ' (US WORDS) (FIGURES) ADDITI VE ALTERNATES: 0 Al. Non-slip bridge deck coating. 1 LS $ SSD $ 3, A2. Bridge painting (other than deck). 1 LS $/0, 275 0- $/p~ a7 5~o po 00 A3. Bridge fencing including approaches. 1 LS $ 3(o oD $ v A4. Hydro-mulch disturbed areas. 1 LS $ q~ g~C) ~G $4/, 5. BIDDER agrees that the Work will be substantially completed and ready for final payment within 120 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 $250 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 J~ ~lO 1,;~A Cr-- 6 CYIk 13 ~ 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 ~ ~(.L( (fj 20~CJ . ~ Of the above total - Base Bid, $ 4.2, 461 . oa is for materials actually incorporated in the Work, and $ ob od is for all other costs. ~ ~ ~ ~ ~ 1 14 IF BIDDER IS: An Individual: By ' doing business as. Business Address: Phone Number: (Individual's Printed Name and Signature) A Partnership: By~~~ C-n (Seal} ame of Firm) L C. - i f' O ~ - - (General Partn r's rinted Name and Signat e Business Address: Phone Number: GI' D~ ) -7 3 2- CL C / A Corporation: Name of Corporation: State of Incorporation: - - By (Printed Name of Person Authorized to Sign and Signature) Attest: Business Address: Phone Number: (Title) (Printed Name and Signature of Secretary) Seal) *****~***************************************************~:*~*~x**************** A Joint Venture: By (Printed Name and Signature) Address: Phone: By Address: (Printed Name and Signature) 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.) 15 NOTICE OF AWARD I To: PROJECT Description: Trail de Paris Expansion - SE 8`" St. to SE 12th St. HEI #180039 The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated and , and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ 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 day of , 2010. City of Paris Owner By Title City Manag.er ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged ~ by this the day of 20 ~ By Title 18 ~ AGREEMENT ~ THIS AGREEMENT is dated as of the day of in the year 2010, 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: ~ Trail de Paris Expansion - SE 8th St. to SE 12th St. HEI #180039 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 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 $250 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: 4 19 ~ 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 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 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. 20 ~ 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 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 Supplemental Conditions. 8.7 Technical Specification prepared or issued by Hayter Engineering, Inc. dated June 2010. 21 8.8 Drawings, consisting of sheets numbered 1 through 5, inclusive with each sheet bearing the following general title: Trail de Paris Extension, SE 8`h St. to SE 12`i' St. 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 General Conditions. 9.2 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 None. 22 IN 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 CONTR.ACTOR or by ENGINEER on their behalf. This Agreement will be effective on 52010. OWNER: CONTRACTOR: City of Paris By: City Manager (Corporate Seal) Attest: Address for giving notices: P.O. Box 9037 Paris, TX 75461 By: (Corporate Seal) Attest: Address for giving notices: 23 PERFORMANCE BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That hereinafter called "Principal," and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, hereinafter called "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS a home-rule municipal corporation, hereinafter called "Beneficiary," in the penal sum of DOLLARS ) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally deSCfibed aS f0110WS: Trail de Paris Expansion, SE 8th St. to SE 12th St. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Beneficiary; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good 25 PERFORMANCE BOND PAGE 1 ~ any default or deficiency, then this obiigation shall be void; otherwise, it shall remain in full force and effect. ~ PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. PROVIDED FURTHER, that the said Surety, for value received, hereby - stipulates and agrees that no change, extension of time, alteration or addition to the ~ terms of the Contract or to the Work to be perFormed thereunder or the Specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, ~ alteration or addition to the terms of the Contract,, or to the Work or to the Specifications. ~ This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in County, Texas to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by V:A.T.S., Insurance Code Article 7.19-1. ~ 1N WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the day of ~ , 2010. PRINCIPAL: Address ~ Tel. No. ATTEST: BY: ~ TITLE: ~ SURETY: ~ Address Tel. No. ~ ATTEST: BY: TITLE: The Resident Agent of the Surety notice and service of process is: County, Texas, for delivery of 26 PERFORMANCE BOND PAGE 2 ~ ~ NAME: STREET ADDRESS: _ CITY, STATE, ZIP: For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on Pa_qe 1 of Performance Bond must be same date that Citv Council awarded Contract. Date on Pa_qe 2 of Performance Bond must be after the date that Citv Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. 27 1 BOND PAGE 3 PERFORMANCE PAYMENT BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That , hereinafter called "Principal," and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, hereinafter "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS, a home-rule municipal corporation, hereinafter called "Beneficiary," and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements described below, in the penal sum of DOLLARS ) in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shatl a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of , , A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Trail de Paris Expansion, SE 8th St. to SE 12th St. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its ~ duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said ~ Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, 28 PAYMENT BOND PAGE 1 alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agert is hereby designated by the Surety herein as the Resident Agent in County, Texas to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article 7.19-1. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of .2010. PRINCIPAL: Ad d ress Tel. No. ATTEST: ATTEST: BY: TITLE: SURETY: Address Tel. No. BY: TITLE: PAYMENT BOND PAGE Zq The Resident Agent of the Surety in. and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: County, Texas, for delivery of notice For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on Pa_qe 9 of Payment Bond must be same date that CitV Council awarded Contract. Date on Pa_qe 2 of Payment Bond must be after the date that Citv Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. PAYMENT BOND PAGE :~0 To: NOTICE TO PROCEED Date: Project:_ You are hereby notified to commence WORK in accordance with the Agreement dated , 20 , on or before 120 , and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore , 20 Owner By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PRO- CEED is hereby acknowledge by thisthe day of , 20_ By Title 32 Budget Update Trail de Paris SE 8th St. to SE 12th St. TPWD #RT0819 and HEI #180039 July 22, 2010 Construction Contract It~m : D@Sehi troh fgtimhted QiYanti4 Tatal Ptice Totai PriC~: 1 Trail sub rade re aration 2,274 SY 2.00 4,548.00 2 Trail subbase installation 1,404 SY 9.75 13,689.00 3 Crushed a re ate base 2,274 SY 6.25 14,212.50 4 As hattwearin surface 1,706 SY 11.75 20,045.50 5 Brid e abutments and win walls 1 LS 13,890.00 13,890.00 6 Brid e lacement and anchorin 1 LS 6,000.00 6,000.00 7 Fill material between win walls 1 LS 1,120.00 1,120.00 8 Trail and brid e site radin 1 LS 25,900.00 25,900.00 9 Com liance with NWP 145 and SWP3 1 LS 2,000.00 2,000.00 Total Base Bid a101 405.00 Additive Alternates: A1 Non-sli brid e deck coatin with sandblastin 1 LS 6,548.00 6,548.00 A2 Brid e aintin other than deck w/ sandblastin 1 LS 7,577.00 7,577.00 A3 Brid e fencin includin a roaches 1 LS 3,600.00 3,600.00 A4 H dro-mulch disturbed areas 1 LS 4,840.00 4,840.00 Total of Addi6ve Alternates Awarded $10,148.00 Non-Construction Contract Work Items 1 Railroad Fiat Car 14740 2 Culverts w/ headwalls at ori inal brid e site B Cit 3 Bollards and Si na e 4 Remove railroad rails B railroad com an 5 Remove railroad ties B Cit Non-Construction Contract Work Subtotai $14 740.00 Professional Services 1 Environmental 1800.00 2 Desi n 12750.00 3 Accessibilit Review 900.00 4 Desi n Surve s 1500.00 5 Geotechnical 2750.00 6 Structural Desi n 3923.00 Professional Services Subtotal $23,623.00 Total Pro'ect Cost $149 916.00