27-Contract for the water and sewer capital improvements projects
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
05-16-2011 Engineering, Planning Shawn Napier, P.E. Director of 27
Council Date: & Development Engineering, Planning &
05-23-2011 Development
RECOMMENDED MOTION:
Deliberate and act on a resolution accepting the bid and awarding the contract for the TDRA CDBG
Sewer System Improvements project to J.B. and L Utility Contractors in the amount of $85,213.00;
authorizing the City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Contract
BACKGROUND:
This sewer line replacement project will be Phase III and IV of a five phase project to replace concrete
and clay tile sewer lines in Southwest Paris. The attached map shows the phases. The first two phases
have been completed. The last phase of the project (Phase V) will be done after all of the easements and
Railroad permits have been acquired. The phase V section requires three railroad permits from two
different railroads and must be coordinated through both railroads that are adjacent to each other.
These sections of sewer lines have been the source of inflow and infiltration into the sewer mains and
subsequently into Woodard's lift station which is shown in the bottom of the aerial photograph.
Staff recommends awarding the bid to J.B. and L, Utility Contactors in the amount of $85,213.00.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Bid tabulation, contract, location map
ACTION: BUDGET INFO: Bond Fund
❑ Financial Report ❑ Minute Order Expense $85,213.00
❑ Department Report ® Resolution Budgeted Amt $181,000.00
❑ Presentation ❑ Ordinance YID Actual $41,091.72
❑ Public Hearing ❑ Other Acct. Name Service Line Replacement
Acct. Number 10-04121-85-00
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities
Revised 2/04/08
City of Paris
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AWARDING A CONTRACT TO JB&L UTILITY IN THE AMOUNT OF
$85,213.00 FOR PHASES III AND IV OF THE 2009 CDBG SEWER SYSTEM
IMPROVEMENTS PROJECT; 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
Phases III and IV of the 2009 CDBG Sewer System Improvements Project (the "Project")
which bids were received until 3:00 o'clock p.m., Tuesday, April 26, 2011; and,
WHEREAS, the lowest responsible bid providing the best value to the City was
submitted by JB&L Utility Company and,
WHEREAS, the contract for the Project should be awarded to JB&L Utility Company
in the amount of $85,213.00 and in accordance with the terms and conditions set out in the
JB&L Utility Company bid and the Request For Bids and Specifications for the 2009 CDBG
Sewer Systems Improvements Project; and,
WHEREAS, the City Manager should be authorized to execute a contract with JB&L
Utility on behalf of the City of Paris in the form attached hereto as Exhibit A.
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 $85,213.00 bid from JB&L Utility for Phases III & IV of the
2009 CDBG Sewer System Improvements 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 meeting all of the terms and specifications
included in the Agreement, Bid Documents and Project Specifications for the 2009 CDBG
Sewer System Improvements Project (Phases III & IV) and timely execution of a written
contract with the City of Paris in a form substantially equivalent to the Agreement attached
hereto as Exhibit "A."
Section 3. That the City Manager of the City of Paris, be, and he is hereby
authorized and directed to execute on behalf of the City of Paris an Agreement with JB&L
Utility for Phases III & IV of the 2009 CDBG Sewer System Improvements Project.
Section 4. That this resolution shall be effective from and after the date of
passage.
4y 180
PASSED AND APPROVED this 23rd day of May, 2011,
Joe McCarthy, Mayor Pro Tern
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
AGREEMENT
THIS AGREEMENT is dated as of the _ day of in the year 20_, by and
between the City of Paris, Texas, a home rule municipal corporation located at 135 151 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 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work project is generally described as follows:
2009 CDBG Sewer System Improvements
TDRA #729599
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 210
calendar days from the date when the Contract Time commences to run, as provided in
the General Conditions. This time is for Base Bid plus Additive Alternate quantities.
Deduct 105 calendar days if Base Bid only is awarded.
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 $105 for each calendar day that expires after the time
specified.
182 26
Article 4. CONTRACT PRICE
CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents in current funds as follows:
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 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 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.
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
- . 183 27
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
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 Supplementary Conditions
184 28
8.7 Technical Specifications prepared or issued by Hayter Engineering, Inc. dated July 2010.
8.8 Drawings, consisting of sheets numbered _ through inclusive with each sheet
bearing the following general title: 2009 CDBG Sewer System Improvements, TDRA
#729599
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. INSURANCE AND INDEMNIFICATION
That CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in
frill force and effect a policy or policies of insurance, providing at least $250,000.00 per person
and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any
single occurrence for injury to or destruction of property, indemnifying all persons for any and
all damages, personal injuries, or property damages sustained as the result of the negligence of
CONTRACTOR, its agents, servants, or employees, and shall pay all premiums due thereon
when due. It is expressly provided that such insurance policy or policies shall and must be
written and issued by a reputable insurance company or companies in sound financial condition
and authorized to write commercial insurance policies in Texas by the State of Texas. The
CITY, its elected officials, officers and employees shall be listed on said insurance policies as an
Additional Insured and fully covered as an Additional Insured throughout the term of this
Agreement and through all warranty periods provided herein, and shall deliver a copy of any
such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or
furnish to said City Clerk a current letter or certificate from such company or companies,
evidencing the fact that such insurance is in full force and effect at all times during this
Agreement, and any extensions hereof, and specifically noting thereon that CITY is an additional
insured while CONTRACTOR is on property owned by CITY. All such policies shall be written
so that the CITY will be notified of cancellation or of any restrictive amendment of the policies
at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice
shall be by certified mail, return receipt requested, addressed to the CITY at the following
address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037.
11 185 29
The CONTRACTOR and his sureties shall indemnify, defend and save harmless the CITY and
all of its officers, agents and employees from all suits, actions or claims of any character, name
and description brought for or on account of any injuries or damages received or sustained by
any person, persons or property on account of the operations of the CONTRACTOR, his agents,
employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR,
his agents, employees or subcontractors in the execution of said contract; or on account of the
failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and
shall be required to pay any judgment, with cost including attorneys fees, which may be obtained
against the CITY growing out of such injury or damage. The CONTRACTOR likewise
covenants and agrees to, and does hereby, indemnify and hold harmless the CITY from and
against any and all injuries, loss or damages to property of the CITY during the performance of
any of the terms and conditions of this Contract, whether arising out of or in connection with or
resulting from, in part, any and all alleged acts or omissions of officers, agents, servants,
employees, contractors, subcontractors, licenses or invitees of the CITY.
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 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 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 CONTRACTOR
City Manager
City of Paris
P. O. Box 9037
Paris, TX 75460
186 30
With an additional copy to:
City Clerk
City of Paris
P. 0. Box 9307
Paris, TX 75460
Article 12. NON-WAIVER
No waiver of the either party's rights under this Agreement shall be deemed to have been made
unless expressed in writing and signed by an authorized representative of that Party.
Article 13. SEVERABILITY
The provisions of this Agreement are severable, and if any provision or part of this Agreement or
the application thereof to any person or circumstance shall ever be held by any court of
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
OWNER: CONTRACTOR:
By: By:
(Corporate Seal) (Corporate Seal)
Attest: Attest:
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