15-Resolution Richard Drake phase I and Phase II Stillhouse roadCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
l 1/17/10
Engineering, Planning
Shawn Napier, P.E. Director of
Council Date:
& Development
Engineering, Planning &
15.
12/13/10
Develo ment
RECOMMENDED MOTION:
Move to approve a Resolution awarding an agreement with Richard Drake Construction Co. for Phase I
and Phase II of the Stillhouse Road Widening Project and authorizing the City Manager 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 ]ane 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 $62,274.1 If both the
base bid and alternate bid are awarded the total construction cost would be $172,111.11.
To overlay the Phase I project with Hot Mix would cost approximately $26,000 and to overlay with
Plant Mix Seal would cost approximately $20,000.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, bid tabulation, contract and aerial
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$109,837.00 or $172,111.11
❑ Department Report Z Resolution
Budgeted Amt.
$Reserves
❑ Presentation ❑ Ordinance
yTD Actual
$24,650.00
❑ Public Hearing ❑ Other
Acct. Name
Stillhouse Road
Acct. Number
O 1-0909-46-98
FISCAL NOTES:
As of 11/30/10, the fund balance was $8,613,095. The recommended four-month reserve is $7,040,601,
leaving a difference of $1,572,494.
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ EMS/IT Z Engineering, Planning, & Community Development
❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Utilities
City of Paris
Revised 2/04/08
- - 113
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 AWARDING THE CONTRACT FOR THE
STILLHOUSE ROAD WIDENING - PHASE I, LEVI LANE TO LEWIS LANE TO
RICHARD DRAKE CONSTRUCTION COMPAIVY, L.P., THE LOWEST
RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE 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, widening of drainage structure and extension of turn lane south to Levi Lane, 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 the contract documents on file with the City
Engineer; 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
"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 and the contract
documents on file with the City Engineer.
Section 3. That the City Manager be, and he is hereby authorized and directed to
execute, on behalf of the City of Paris, any and all documents necessary for the project.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of December, 2010.
Will Biard, Mayor
- 1, 114
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
115
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EXHi~IT-L
iI c
Stillhouse Road Widening Proj ect Bid EXplanation
The Base bid will include wideliing the road and adding curb and auttel- stal-ting
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 exti-a culvert, and building new inlet.
Deductive Alternate #l will delete the west curb and gutter starting at creek and
going north to the south entrance to school.
Deductiive 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.
- 117
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 1S` 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 CONTR.ACTOR 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.
I Article 4. CONTRACT PRICE
CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents in current funds as follows:
1 19
~ _ 1 1 ~3
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% of th~r ~ Doc ~ments. When the until as subspta tially complep ~te,the
of all Work covered by the Con
retained amount may be reduced to 5%, at the CITY'S discretion.
Article 6. INTEREST
If the contract amount of this contract isn ~~e than
onta 400mo0unt excetedss$4001000, nodinter st
CONTRACTOR on retained money. Whe
will be paid unless required by law.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce CITY to enter into this Agreement, CONTRA.CTOR makes the following
representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
or furnsh ng ofd the Re`gu~l kions that,
Documents, Work, site, locality, and all llocal
in any manner, may affect cost, prog ess, performa
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 refened to above, which
pertain to the subsurface or physical can dlt or furni hingnof the Work asSCONTRACTOR
may affect the cost, progress, perform
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
_ I V) 20
~
Underground Facilities, whether indicated in the Contract Documents, or not. No
dies or similar
t
u
additional examinations, investigations, explorations, tests, reports, s
ect of said Underground Facilities are, or will be, required by
in res
t
d
~
p
a
a
information or
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 conelated the results of all such observations, examinations,
orts and studies with the terms and conditions of the
re
ts
t
i
~
p
,
es
ons,
investigations, explorat
Contract Documents.
~
7.6
CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
t Documents and the written resolution
t
C
h
rac
on
e
discrepancies that he has discovered in t
thereof by ENGINEER is acceptable to CONTRACTOR.
~
i
i
7.7
ons
s
CONTRACTOR has reviewed and fully agrees to the limitation of liability prov
included in the Supplementary Conditions.
~
t
7.8
s.
CONTRACTOR certifies that they are eligible to be awarded government contrac
t entered into with a subcontractor will
~
CONTRACTOR also certifies that any agreemen
t the subcontractor is eligible to be awarded government
th
i
a
ng
contain a clause stat
contracts.
~
Article 8. CONTRACT DOCUMENTS
The
Contract Documents, which comprise the entire Agreement between OWNER and
~
CON
TRACTOR concerning the Work, consist of the following:
~
8.1
This Agreement.
8.2
Bid and Bid Schedule, Advertisement, and Information or Instructions to Bidders.
~
d
8.3
s.
Performance and Payment Bon
~
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.
` ' 120 21
ik
8.10 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as 5%
Bid Bond.
e following, which may be delivered or issued after the Effective Date of the
Th
8.11
A reement and are not attached hereto:
~
g
All written Amendments, change orders, and other documents amending,
modifying, or supplementing the Contract Documents pursuant to the General
Conditions. •
There rticle
Cont are no contract Documents other than those listed above dn as lpro ded g nT he Gen ra1
Documents may only be amended, modified or supp emente, Conditions.
Article 9. INSURANCE AND INDEMNIFICATION
That CONTRCTOR must, at all times during the term of this A t least $250,000.00 per pers n
A
full force and effect a policy or policies of insurance, providing a
0000.00 for any single occurrence for bodily injuryo~dl t ngna 1 pe00,o000fo00 any and
and $50 , destruction of property, lnd Y
single occurrence for injury to or
dama es, personal injuries, or property damages sustained as the result of the negligence o
all g due
thereon when due. It NTRACTOR is , its expressly agents, pservants, or employees, al ppes sha 1 and must be
CO rovided that such insurance polcY or poli
written an inanc d issued by a reputable insurance company or companass~n the State of Texas.d1The
and authorized to write comfi ersl and employees shall be list d on said insuranc e p el~eo f th s
CITY, its elected officials, of throu
the Additional Insured and fully covered as an Additional
Y
here n,rand halg deli er a copy of an
Agreement and through all warranty periods pro ide
' ies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or
such polic
ish to said City Clerk a current letter or certifica and effect at alpla ti es duringnthis
furn
evidencing the fact that such insurance is in full orce
Agreement, and any extensions hereof, and specifically noting thereou ha Pol cTes shall bded~i ten
insured while CONTRACTOR is on property owned by CITY. All sch so that the C
ITY will be notified of cancellation or of any restrice lation or amendment pNotice
at least thirty (30) days prior to the effective date of such canc
certified mail, return receipt requested, addressed 461-9037.Y at the following
Texas
shall be by
address: City Clerk, City of Paris, P. 0. Box 9037, Paris,
T OR and his sureties shall indemnify, defend and sa~s of anyscharacter, name
he CONTRACT lo ees from all suits, actions or clat
y
all of its officers, agents and emp Y
cri tion brought for or on account of any injuries oro the mages received or CONTRACTOR, susta his ine agents,
and des p account of the operations
any person, persons or property on
ubcontractors; or on account of any negligent act ° t or onoaccou nt oOthe
employees or s
his agents, employees or subcontractors in the eaecution of sai contrac WarninQ lights or signs; and
failure of the CONTRACTOR to provide the necessary banicades, b
shall be required to pay any judgment, with cost including attorneys feCONTRACTOR lbkew sd
against the CITY growing out of such injury or damage. T e
ees to and does hereby, indemnify and hold harmless the CITY from and
ag ropertY of the CITY during the performance of
covenants and agr ~
ainst any and all injuries, loss or damabesa to p
22
121
an of the terms and conditions of this Contract, whether arising out of or in connection with or
y and all alleged acts or omissions of officers, agents, servants,
resulting from, in part, any
employees, contractors, subcontractors, licenses or invitees of the CITY.
Article 10. MISCELLANEOUS
ich are defined in Article 1 of the General Conditions,
10.1 Terms used in the Agreement, wh
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 heretWl hout lim t t ontt mon esethat may
party sought to be bound; and specifically, but
become due and monies that are due, may not be ma g d limwitout ited byc lawcon)sentand(exce
unleps
to the extent that the effect of this restriction y be
specifically stated to the contrary in any written ao~ s o tr° as b gity under theSContract
will release or discharge the assignor from any y Pon
Documents.
egal
10.3 CITY and CONTRACTOR each binds himself, its part~s, rssuccessoors,assign and legal
representatives to the other partY hereto, its partne areements and obligations contained in the
representatives in respect of all covenants, ab
Contract Documents.
Article 11. NOTICE
uired by this Agreement shall be in writing and may be delivered in person or by
Any notice req
certified mail, return receipt requested addressed according1y:
CONTRACTOR
CITY
City Manager
City of Paris
P. 0. Box 9037
Paris, TX 75460
With an additional copy to:
City Clerk
City of Paris
P. O. Box 9307
Paris, TX 75460
Article 12. NON-'WAIVER
ver of the either party's rights under this Agreement shall b V do f hat Partyve been made
No wai
unless expressed in writing and signed by an authorized representa
Article 13. SEVERABILITY
~reement are severable, and if any provision or part of this Agre C urtt of
The provisions of this A~
the application thereof to any person or circumstance shall ever be held y any
_ . 122
23
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 thable n Lamar Coulnty, ~Te asl Exglusive nvenued fo rtany
aspects of this Agreement are perfo
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 n deO ered to CIOTYhCONTRACTOR and multiple
copies. One counterpart each has bee
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 520
CITY:
City of Paris
By:
City Manager
(Corporate Seal)
Attest:
CONTRACTOR:
By:
(Corporate Seal)
Attest:
24
.
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_ . _
125