13- Stillhouse Road Widening ProjectCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
11/17/10
Engineering, Planning
Shawn Napier, P.E. Director of
Council Date:
& Development
Engineering, Planning &
13.
11 /22/ 10
Develo ment
RECOMMENDED MOTION:
Move to approve a Resolution an agreement with Richard Drake Construction Co. for Phase I and Phase
II of the Stillhouse Road Widening Project and authorizing the Mayor to negotiate and execute all
necessary documents.
POLICY ISSUE(S):
Contract
BACKGROUND:
The existing portion of Stillhouse Road in front of Cecil Everett Elementary School is approximately
30-feet wide. The roadway can be widened nine feet to create a center turn lane, making the road a
collector level (39-feet) road for the approximately 815 feet from Stone Avenue to the creek just north
of Levi Lane. Several sections of curb and gutter currently exist on the east side of Stillhouse Road so
the widening would only be done on the west side of the existing road. The turn lane would start just
past the creek and end at Lewis Lane. A potential phase II to this project would be to widen the
drainage structure near Sterling House Nursing home to the west, widen the pavement to 39-feet or
wider, and extend the turn lane south to the Levi Lane intersection.
On October 28, 2010, the City of Paris received bids for the widening of Stillhouse Road. Three bids
were received, with the lowest that of Richard Drake Construction, in the amount of $109,837.00. The
bid asked for an alternate bid for phase II of the project. The alternate bid was $62,274.11. If both the
base bid and alternate bid are awarded the total construction cost would be $172,111.11.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, contract, bid tabulation, and aerial
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$109,837.00 or $172,111.11
❑ Department Report ~ Resolution
Budgeted Amt.
$Reserves
❑ Presentation ❑ Ordinance
y'I'D Actual
$24,650.00
❑ Public Hearing ❑ Other
Acct. Name
Stillhouse Road
Acct. Number
O 1-0909-46-98
FISCAL NOTES:
REVIEWED AND APPROVED BY:
[K Administration E Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Urilities
City of Paris 50 Revised 2/04/08
- -
DRAFT
S:\RESWORK\CURRENT\Stillhouse Road Widening (Levi to Lewis Lane) Awarding to Drake Const RES 2010.docx
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING THE BID AND AWARDWG THE CONTRACT FOR THE
STILLHOUSE ROAD WIDENING - PHASE I, LEVI LANE TO LEWIS LANE 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
"Stillhouse Road Widening Project - Phase I, Levi Lane to Lewis Lane" and an alternative bid for
Phase II of the Project, which bids were received until 3:30 p.m., Thursday, the 28th day of
October, 2010; and,
WHEREAS, the lowest responsible bid for both phases of the project was submitted by
Richard Drake Construction Company, L.P., 6290 Hwy 271 North, Powderly, Texas 75473, in
the amount of $109,837.00 for Phase I and $62,274.11 for Phase II, making the construction
costs total $172,111.11; and,
WHEREAS, 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 Z. That the bid of Richard Drake Construction Company, L.P. for the
"Stillhouse Road Widening Project - Phase I, Levi Lane to Lewis Lane" and an alternative bid for
Phase II 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 22nd day of November, 2010.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
51
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
1 _ 52
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year 2010, by and between
the City of Paris, Texas, a home rule municipal corporation located at 135 lst Street SE, Paris,
TX 75460 (hereinafter called CITY) and (hereinafter called
CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article l. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work project is generally described as follows:
Stillhouse Road Widening - Phase 1
Levi Lane to Lewis Lane
HEI #180046
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 CITY'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 90 calendar
days from the effective date of this Agreement or from the date of the Notice to Proceed,
whichever is later.
3.2 Liquidated Damages. CITY and CONTRACTOR recognize that time is of the essence of
this Agreement and that CITY 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 CITY if the
Work is not completed on time. Accordingly, instead of requiring any such proof, CITY
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay CITY $500 for each calendar day that expires after the time
specified.
Article 4. CONTRACT PRICE
CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents in current funds as follows:
53 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 CITY shall retain 10% ofthe act Documents. When the Work is substant ally omplep ~te,the
of all Work covered by the Contr
retained amount may be reduced to 5%, at the CITY'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 CITY 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.
72 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.
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
20
54
~
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
ACTOR in order to perform and furnish the Work at the Contract Price, within
CONTR
.
the Contract Time and in accordance with the other terms and conditions of the Contract
~
Documents.
5
7
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
i
l
on
ut
discrepancies that he has discovered in the Contract Documents and the written reso
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.
8
7
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.
82
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 August
2010.
~ 8.8 Drawings, consisting of sheets numbered 1 through 7, inclusive, bearing the following
title: Stillhouse Road Widening - Phase 1, Levi Lane to Lewis Lane.
~ 8.9 Addenda numbers to , inclusive.
~
~ 21
55
Documentation submitted by CONTRACTOR prior to Notice of Award, identified as 5%
8.10
R;ci Bond.
a
8.11
or issued after the Effective Date of the
All written Amendments, change orders, and other documents amending,
modifying, or supplementing the Contract Documents pursuant to the General
Conditions. . Contract There are no contract Documents other than those liste e~ nted n as 1 prov ded g nT he G neral
Documents may only be amen d e d, m o d i f i e d o r s u p p l
Conditions.
Article 9. INSURANCE AND INDEMNIFICATION eep
mai
and
ntain That CONTRACTOR must, at all times during the term of this Aa~ ~east $2 0 000 00 per pe son
rovidin
full force and effect a policy or policies of insurance, p g
and $500,000.00 for any single occunence for bodily injurn emn f t ng and
pe~rs~on 000o nY and
single occunence for injury to or destruction of property, Y
all damages, personal injuries, or property damages sustained as the result of the negligence o
NTRACTOR, its agents, servants, or employees, and shl cl por oli p es sh 11 and ust be
CO
companies in sound financial condition
when due. It is expressly pansurance insurance
written and issued by a reputable the State of Texas. The
and authorized to write commerciana e~as shall be 1 st d on said insurance policies as an
CITY, its elected officials, officers a ploYee
Addl this 'ti onal Insured and fully covered as an Additional Insurend sh lgdeli eh a copy of any
Agreement and through all warranty periods Provided herein, a
150 lst Street S.E., Paris, Texas 75460, or
ies,
such policies to the City Clerk of the City of Paris,
to said City Clerk a current letter or certificate fromfsuch fe t at alplati es duringnthis
furnish
evidencing the fact that such insurance is in full force an e
Agreement, and anY extensions hereof, and specifically noting there sucha ol cTes shall be wr~i t n
insured while CONTRA.CTOR is on property
on ordof any restrctive amendment of the policies
so that the CITY will be notified of an
at least thirtY (30) days prior to the effective date of such cSn~Ce~l~at~he CITY ameatndment
he fol owing
shall be by certified mail,Par s1Pe01Box 9037 Paris Texas 75461-9037.
address: City Clerk, City of , T h e R.ACTOR and his sureties shall indemnify, defend and la ms o any character, name
C O T s i t s, a c t i o s o r c
all of its officers, agents and employees fro m al l
i tion brought for or on account of any injuries or damages
CONTRACTORuhislagents,
and descr p on account of the operations of th
any person , persons or property
ees or subcontractors; or on account of any negligent acid contra t or onoac oun o Ohe
employ
his agents, employees or subcontrac tors i n t h e e x e c u t i o n o f s a
he CON T R A C T O R to provide the necessary barricades, warning lights or signs; an d ained shall be required to pay any judgment, with cost including attomeys
failure of t
TheeCONTRACTOR 1 ktew se
against the CITY growing out of such injury or damage.
t
nd agrees to, and does hereby, indemnify and hold hY au~n ~h pi rf rn°n od
covenants a
against any and all injuries, loss or damages t o p r o p e r t y o f t h e C I g
22
The following, which may be delivered
Agreement and are not attached hereto:
56
any of the terms and conditions of this Contract, whether arising out of or in co ~ servants,
resulting from, in part, any an licensde or inviteers of the CITYfficers, agents
employees, contractors, subco actors,
Article 10. MISCELLANEOUS
10.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions,
will have the meanings indicated in the General Conditions.
10.2 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.
10.3 CITY and CONTR.ACTOR each binds himself, its partners, successors, assign, and legal
representatives to the other party hereto, it e~~ ts and obligations cont ined in he
representatives in respect of all covenants, agr
Contract Documents.
Article 11. NOTICE
Any notice required by this Agreement shall be in writing and may be delivered in person or by
certified mail, return receipt requested addressed accordingly:
CITY
City Manager
City of Paris
P. 0. Box 9037
Paris, TX 75460
CONTRACTOR
With an additional copy to:
City Clerk
City of Paris
P. O. Box 9307
Paris, TX 75460
Article 12. NON-WAIVER
No waiver of the either party's rights under this Agreemen~esshall ent bve of hat partyve been made
unless expressed in writing and signed by an authorized rep
Article 13. SEVERA.BILITY
The provisions of this Agreement are severable, u~ tancey shprov alll eve ~beaheldtby agryeemen
court t of
the application thereof to any person or circ
23
57
competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this
Agreement shall not be affected thereby.
Article 14. EXCLUSIVE VENUE
The parties agree that the laws of the State of Texas shall govern this Agreement, and that all
aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any
claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas.
Article 15. OTHER PROVISIONS
None.
IN WITNESS WHEREOF, CITY and CONTRACTOR have signed this Agreement in multiple
copies. One counterpart each has been delivered to CITY, CONTRACTOR and ENGINEER. All
portions of the Contract Documents have been signed or identified by CITY and
CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on ~20
CITY:
City of Paris
By:
City Manager
(Corporate Seal)
Attest: _
CONTRACTOR:
By:
(Corporate Seal)
Attest:
24
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59
Stillhouse Road Widening Project Bid Explanation
The Base bid will include widening the road and adding curb and gutter starting
north of the creek and going north to Lewis Lane.
The Additive Alternate includes widening the road at the creek, extending the
existing culverts, installing an extra culvert, and building new inlet.
Deductive Alternate #1 will delete the west curb and gutter starting at creek and
going north to the south entrance to school.
Deductive Alternate #2 will delete the east curb and gutter starting at Dr. Swint and
going north.
Deductive Alternate #3 will delete the West curb and gutter between the south and
north entrance to school.
60
61
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