2010-119 RES APPROVING THE BID AND AWARDING THE CONTRACT FOR THE STILLHOUSE ROAD WIDENINGRESOLUTION NO. 2010-119
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 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, 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 Levuis 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.
f
PASSED AND APPROVED this 13th da of Decemb~', 2f?`10•
~
~
Will Biard, Mayor
ATTEST:
i
~
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, 'ty Attorney
~n o~n o 0
O itl tfJ O N (D ~ O V cD l0 ~ ~ fy ~ Q) C' Uj
V CD N~ O N N~~ ~~t7 Q7 ~ t0 N ch cD oJ t0 I~ N~
u] <O ~ cD N tn O O.. ~ 0~ ~ O N O i[7 V N ~ ~(D N ~cc)
C)cDUUacD~
o r a r~ m m v ~ eys
~ (O N O 01 U~ W Q) O1 O> ~
p N ~T N N GO ~ d' ~ at
m t0 ~ ~
I~ I~ ~ ~ cD O N~ N
a ~ LO a) o "I n r
V~c M~ N~ Cr0- U U LD d' C
~2 N CL]
~ O~ O O N ~ O h
O O u m cD ~ O O O O e- N O N C`"j ch 46 ~(D W
O O N ~p ~ C'') ~ a1 n~p
~ pq ~ t0 W ch ~ O ~ <t ifl 41 (O 'V' O p CO i~ r' ~
O O ~ ON O="~ C G0 ON c'')
"6 I- ch NOet' C ~ .-b9
~ GfOO ~CO ~OUC~~.-a0 cV
~ O uco O vrn co1~ t~ ~mm m !e»
JF'6.~N d' W
_ c ~o o,~ ,no ~no
N O
= V ~ O O O Mp N O O 0~ O Q1
O O O~ N p O O O O N I~ ~ LO (V
c N 1~ cD Lo 03 -T
Q ~
ul 'Q O O?
C,,, E7 O O c'l) ~ r O D U IQ~ cri O
O• U oJ ~ u7 r N
U~acno ~mm
o v oo ~ ~ o
O O O O 1~ Q ~ O O O O N N N~ ~ CO O (O ~ r-
O O N tD O N ~ Q p p O C 1 cD ~ 61 O ~ u7 V ~ aN0 c0 N(`') trCl_ cD N
O O 1~ ~ 0~ O O h ~ N O O c7 I~ ~ u'7 f~ N e_
O O.... w. c:) O M N~ ~ N O O O N ~ M V' ~ b9
LO U U ln O GO (r7 N (~j 'd'
~ tD 'r' M ~ i0
Lo ~.j 0)
a+ tn O O('~
~ C F a T ch ~ ~~j (`'J C~ 6~ p b9
O Kr
O ap~ 00
t0 O
'a 3 O O O O ~ ~ O O O O O O O ~ N (06
O O N~ ~
LC7 N p O O co N O Oq ~ M
O O
C) V
t tf7 ~ oJ N p O O O r
u o Y moo c,.) mo VU~no co
~i °~n o C,j c~i ~ n c')
>~roi mm
~ LL LL } ~ co u-
'a Y (n Cn (n (n (n (n (n J (!1 J J -I Cn O V ~ ~ a~0 c0
m_ fn UJ cn(n J~ (n J J J J J c0 01 ~ CO
V
E N ~ p r ~ CO o~ 'r N U) N
W
c' cD r
N p ~ N
~ kO t +
C
C 3 C.
~
o - N C G
U m C O C)
C)
+
Q) J~
~ C L N O vi O ~
O N Q ~ N O
o co'a c w c v ~ W~ m VW-
c 'n m o~ ~ ~ ~O
~ ID a)
o _ .u, m o m c W c m Q c ~ ~ z o ~ Z
~ a> aai ~ a ~ ~o
o) c ~
~ o ~ E ~ y U ~ z 2 ~ w m ~ m LU u)
N ~ N p~ a7 (d ~
U a, ~N 'o
m d m
Q M
vf m Q LQ
~ c u m ~ ~ -o~ ~ 3 ~ •
~ w W ~k ~ ~ ` LLI
' m m a) L N c xk D N W 2~~? >
0' a ~ ~ r c N -o -o 3 ~ u) o u ¢ q) 2 > [o c ~ -o L) F-
~ E ~ m c m n~ w m~ " ~O ~ ~ c a~ m U
n 3 m`~ on m ~ m
c o ~ p -~n > o) ` m
m m m a~ a~ ca a° o m c n 0 N O
a~ c o t ~ a m ~ ~ (1,
c a~ a~ m
E C n° o_o n Y o ~ q C)
a' o m
~ (n c Ol m U~ c0 rn N E c m Q.C ~(O -p Q7 n c 7 -Y J' c~ L L 7 N U U c9 Q
"E 6 ~~6 FQ- ~ N C CO F'
` C~p ~ J N Q~ U- a
~ L L C ~ U 47 > N(D U Q ~ E C N~ N N Q Q N C C~ ~ N p_ O
'a r' ro O (d O Q~.. ~ N N_p U- E._ h b~ C O]
N N ~ nn. m ~ m -o E~ F-a >QQ ~ca ca p m o_ O m co, _ m o. O~~U~ ~
U
0 N ~ n c[D o c~~~~ WmNW ~
o ~ ~QQ ~ p
p N ~ Q~
~ N ~v~n.coi~U V o~U o ~ ms~ r. ms~NNa m~
] ~ N ~ L £ ca S] N N S c~ Q Q Lj
cIl6 O J~ Sl 01 E ca~ a m~ ~ncormrn° QQQQQQ
f- 0.~ Q
a-~ M
m Ucn~Oc~
ouse Road Widening Project Bid Explanation
Stillh
e bid will include wideizing the road and adding curb and gutter stat-tlilg
The Bas
north of the creek and going north to Lewis Lane.
' Alternate includes widening the road at the creek, extendi~lg the
Tlie Additlve
existing culvei-ts, installing an extra culveit, a11d building new iiz et.
ate #1 will delete the west curb and gutter starting at creek and
Deductive Altern
going north to the south entrance to school.
2 will delete the east curb and gutter starting at Dr. Swint and
Deductive Alterizate #
going north.
- ate #3 will delete the West curb and gutter between the south and
Deductive Altein
north entrance to school.
A.GREEMENT
in the year 20150, by and between
day of
ans,
THIS AGREEMENT is dated as of the
exas a home rule municipal corporation ]ocated at 135 1 (hereStreetinaSE,fter P called
the City of Paris, T , TX 75460 (hereinafter called CITY) and
CONTRACTOR).
RACTOR, in consideration of the mutual covenants hereinafter set forth, agree
CITY and CONT ,
as follows:
Article l. W4RK complete all Work as specified or indicated in the Contract Documents.
CONTRACTOR shall
The Work project is generally described as follows:
Stillhouse Road Widening - Phase 1
Levi Lane to Lewis Lane
HEI #180046
~ Article 2. ENGINEER Who is hereinafter
ineerin Inc., Paris, Texas,
The Project has been designed by Hayter Eng g,
R a nd who is to act as CITY'S represe~oa
called ENGINEER in11theutContract
~ ENGINEE
responsibilities and have the rights and authority assigne
ection with completion of the Work in accordance with the Contract
Documents in conn
1 Documents. -
Article 3. CONTRACT TIME
e substantially completed and ready for finalp e of the Not ce9o Proce~ed,
~ 3.1 The Work will b
days from the effective date of this Agreement or from the d
~ whichever is later.
es. CITY and CONTRACTOR recognize thaetwork ~f not completed
3.2 Liquidated Damag
this Agreement and that CITY ~'~'i11 s anfy e extens ons thereoftallowed in accordance lved
~ ficulties invo'with
within the times specified above, plu
the General Conditions. They also recooceeding t~heaactual plossense su and ff difered bh CIo £ CITY
~ in proving in a legal or arbitration p
delag ~ bnyut S not as a penalty)
Work is not completed on time. Accord dldam ge f forrequirin
ime
and CONTRACTOR agree that as l1q date that ex ires after the t
500 for each calendar day P
CONTRACTOR shall pay CITY S
!
specified.
` Article 4. CONTRACT PIRJCE
RACTOR for completion of the Work in accordance with the Contract
CITY shall pay CONT
~ Documents in cunent funds as follows:
19
i
~
shown on the Unit Price Bid Schedule included in the Contract I
At the unit pnces
Documents.
Article 5. PAYMEN
T PROCEDURES Genera CONTRACTOR shall submit Applications for Payment in accordance withoVhaed n the '
Conditions. Applications for Payment will be processed by ENGINEER, as p
General Conditions.
all retain 10% of the amount'of each payment until finas subspta t ally complePte,~the
The CITY sh
of all Work covered by the Contract Docum e n t s. W h e n t h e W o r k
retained amount may be re duce d to 5%, at the CITY'S discretion.
Article 6. INTEREST
tract amount of this contract is less than $400,000, ~ excetedss$4001000, nod inter st
If the con
CONTRACTOR on retained money. When the contract amoun
will be paid unless required by law.
Article 7. CONTRACTOR'S REPR.ESENTATTONS
to induce CITY to enter into this Agreement, CONTRACTOR makes the following
In order
representations:
CONTRACTOR has familiarized himself with theions and LawsXand Re ulations that
7.1
Documents, Work, site, locality, and all loeafo~arice or furnishing of the Work.
in any manner, ma3~ affect cost, progress, p sts
subsurface 7.2 CONTRACTOR has studied carefully all reports of expWn ctn a e cand onta ned or dent fied
conditions and drawings of physical conditions, if any, Contract in the Contract Documents, and accepts the dete a~ d in such f eports and d aW ngs
Documents of the extent of the technical data cont
upon which CONTRACTOR is entitled to rely.
responsibility
explorationor
7.3 CONTRACTOR has obtained and carefully studied n , or iassumes
obtaining and carefully studying) all such examinatio lement, those referred to above, which
tests, reports and studies in addition to, or to supp the pertain to the subsurface or physical conditions at or con~ig~°e Work asSCONTRACTOR
may affect the cost, progress, performance or furnishing
considers necessary for the performance or fuWith the other terms and ondrtions oflthe
within the Contract Time and in accordance
tract Documents, and no additional examinations, iai esti~gatiWnl; ebploratq n~edtesby
Con Studies or similar information or data ,
reports,
CONTRACTOR for such purposes.
CTOR has reviewed and checked all informat~ion nadrQroundoFac'il tiesdl at tor
7.4 CONTRA
on the Contract Documents S iumes Spe pon~ibilityi for Ithe accurate location of all
contiguous to the site and a
20
~ Underground Facilities, whether indicated in the Contract Documents, or not. No rts, additional examinations, investigations, eYploration acitests, liies arp~or will be,srequ'iredlby
information or data in respect of said Underground F withi ~ CONTR.ACTOR in order to perform and furnish the WOS and cond tions ofthe Contra t
the Contract Time and in accordance with the other term
~ Documents. ns, ,5 CONTRACTOR has correlated the results of els vs ~hhhobe~ns and condit onsa
~ ~ Plorations, tests, rePorts and stud1
investigations, ex of the
Contract Documents.
7.6 CONTRACTOR has given ENGINEERC n ract Documents and the written esolution
~ discrepancies that he has discovered in the
thereof by ENGINEER is acceptable to CONTRACTOR.
~ ,7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions
7
included in the Supplementary Conditions.
~ NTRACTOR certifies that they are eligible to be awarded government contracts.
CO
CONTRACTOR also certi areement entered into with a subcontractor will
fies that any ab
contain a clause stating that the subcontractor is eligible to be awarded government
~
contracts.
~ Article S. CONTRACT DOCUMENTS
ments which comprise the entire Agreement between OWNER and
~ The Contract Docu ,
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.
Technical Specification prepared or issued by Hayter Engineering, Inc. dated August
~ 8.7
2010.
mbered 1 tl~rough 7, Lewis1Lanbearing the following
Drawin~s, consisting of sheets nu
~ 8•8 c Q Phase 1, Levi Lane to
title: Stillhouse Road Wideninb -
to inclusive.
8,9 Addenda numbers
N11-1
21
~ 8.10
8.11
NTR.ACTOR prior to Notice of Award, identified as 5%
Documentation submitted by CO
Bid Bond.
be delivered or issued after the Effective Date of t e
The following, which may
A.greement and are not attached hereto: documents amending,
endments, change orders, and other ursuant to the General
All ~tten ~ lementing the Contract Documents p
modifyinb, or supp
Conditions. '
other than those listed above in this Article S. The Contract
modified or supplemented, as provided in the General
There are no contra~l DOe u~erided,
Documents may oY
Conditions.
P,.rticle 9. INSURANCE AND INDEMNIFICATION
during the term of this Agreement250000 0 peT person
fu CTOR must, at all times roviding at least $ ,
That CONTRA olic or policies of insurance, p death and $100,000.00 for any
ll force and effect a P Single occurrence for bodily injury or persons for any ~d
and $500,000.00 for any ro ertindemnifying all ence of
single occurrence for injury to or destruction of p p Y~
or roperty damages sustained as the resul ~°nium
ersonal injuries, P lo ees, and shall pay all p
CONTRACTOR, its ag the s du ethereon
all darnages, p ents, servants, or emp y olicies shall and must be
due. It is expressly provided that such insurance pollanies in sound financial condition
when a re utable insurance companY or comp the State of Texas. The
written and issued by P olicies in Texas by
~ ~o ees shall be listed ont~id insurance policies as an
and authorized to write comm eT i a d empn y p ou hout the term of this
CITY, its elected officials, offi of any
Insured and fully covered e iods p rovddiided tional herein, an d shall deliver a copy
Insure aris Texas 75460, or
A dditional h a l l w a r r a n ry p
Agreement and throug j50 ls t S t r e e t S. E., P n or companles,
such policies to the Cit y Clerk of the City of Paris, this
d Cit Clerk a cunent letter or cu, i ficate force f anrod m effsuchect at comp all a times dadd
furnish to sai urinSional
Y
evidencing the fact that such insuranifically noting there~n that CITY is an
extensions hereof, and spec CITY. All such policies shall be written
pgreement, and any ro erty oWned by
CTOR is on p P restrictive amendment of the policies
insured while CONTRA
cancellatioe C amendment. Notice
so on or of any ITY at the following
that the CITY will be notified of cancellati
he effective date of such
days prior to t uested, addressed to th
at least thirty (30)
75461
shall be by certified mail, return receipt req
Cit of Paris, P. 0. Box 9037, Paris, Texas -9037.
address: City Clerk, `I
ties shall indemnifY, defend and save harmless the CITY an
The CONTRACTOR and his sllr lo from all suits, actions or claims of any character, name
agents and emp yees in llries or damages received or CTOR, his agsustainedents,
and by
al1 of its officers, description brought for or on account ccount of any erations of the CONTRA CTOR,
ro erty on a of the op
any person, persons or p p 1igent act or fault of tor o~aCCOUnt of the
employees or subcontractors; or on account of any neg an s; and
shallbe m require d lo to ees pay or any su jbcontractors in the ecessa t ry barri aldeson wrac ~arning 1igl~ts or b s e ibobtained
his agents, e P y CTOR to provide the n S fees, which may
failure of the CONTRA udgment, with cost including attomey CTOR likewise
arowing out of such inJury or dam~ndage. hold The harm1ess the CONTRACITY from and
against the CITY b and does hereby, indemnify o the erformance of
Qes to property of the CITY durin~ P
covenants and agrees to, damab
against any and all injuries, loss or
22
out of or in co~e ~s° s~ants,
any of the terms and conditions of this 1ented a~act hor omissions of officers, a~
in part, any an d a g
, subcontractors, licenses or invitees of the CITY•
resulting employees, contractorsfrom,
Article 10. MISCELLANEOUS
reement, which are defined in Article 1 of the General Conditions,
10.1 Terms used in the Ag
will have the meanings indicated in the General Conditions.
a arty hereto of any rights under or interests in the Contract
10.2 No assignment bY • din on another party hereto without onies 171 the written consent of the
Documents will be bin g and specifically, but without limitation, m thaeXme t
party sought to be bound; not be assi ned without sucha~ n5 ana ~unleps
g
become due and monies that are due, may be limited by
to the extent that the effect of this re~i~ten consent to an a ib git~unent, der no the assignment
Contract
Specifically stated to the contrary in any
~vill release or discharge the assignor from any duty or respons Y
Documents. d leal
artners, successors, assign, ~ g
CTOR each binds himself, its p Successors, assign
10.3 CITY and CONTRA artY hereto, its partners,
representatives to the other p and legal
ct of all covenants, agreements and obligations contained in the
representatives in respe
Contract Documents.
Article 11. NOTICE
ment shall be in writing and may be delivered in person or by
Any notice required by this Agree
certified mail, return receipt requested addressed accordingly:
CONTRACTOR
C_
City Manager
City of Paris
P. 0. Box 9037
Paris, TX 75460
With an additional copY t°:
City Clerk
City of Paris
P. p. Box 9307
Paris, TX 75460
Article 12. NON-WAXVER
ts under this Agreement shall be deemed t~oartave been made
No waiver of the either party s ngh
ed in ~vritinQ and signed by an authorized representative of that y
unless express
Article 13. SEVERA.BILITY
rovision or part of this Agreement or
and if any p an court o£
The provisions of this Agree~n ntp re severable, held
eof to y erson or circumstance shall ever be by Y
the application ther
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
all
The Parties agree that the laws of the State of Texas govern fortany
aspects of this Agreement are performable in Lamar Couny,
claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas.
Article 15. OTHER PROVISIONS
None.
ple
jN WITNESS WHEREOF, CITY and CONTR.ACTOR h and ENGINEERt1All
copies. One counterpart each has been delivered to CITY, CONTRACTOR
ortions of the Contract Documents have been signed or identified by CITY and
P
CONTRACTOR or by ENGINEER on their behal .
, 20
This Agreement will be effective on
CONTRACTOR:
CITY:
City of Paris
By:
City Manager
(Corporate Seal)
Attest:
By:
(Corporate Seal)
Attest:
24