11-DELIBERATE/ACT ON RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF SIDEWALKS AND PLACING CONDUIT ON CLARKSVILLE STREET TO BOBBY SMALLWOOD CONSTRUCTION COCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
03-02-2012
Engineering, Planning &
Shawn Napier, P.E. Director of
Council Date:
Development
Engineering, Planning &
11.
03-12-2012
Development
RECOMMENDED MOTION:
Deliberate and act on a resolution accepting the bid and awarding the contract for the reconstruction of
sidewalks and placing conduit for utilities to be placed underground on Clarksville Street to Bobby
Smallwood Construction Co. Inc., in the amount of $237,006.62; authorizing the City Manager to
negotiate and execute all necessary documents.
POLICY ISSUE(S):
Sidewalk and Utility relocation
BACKGROUND:
Bids have been received for the Sidewalk project and utility relocation. The low bidder was Bobby
Smallwood Construction. His bid for the Sidewalk replacement was $186,875.72 and $50,130.90 for
the additional work of placing the underground utility infrastructure. The Original bid must be awarded
as submitted because of the $150,000 grant the City received. A change order will be submitted at the
March 26t'' City Council meeting that will reduce the base bid of $186,875.72 to $169,396.47. The two
major bid items involve changing out the type of sidewalk drains and not resurfacing two areas of
concrete over basements. The shortfall far the base bid is $38,443.87 and $100,637.07 for the overall
proj ect.
The City will need to go through the cost recovery process with ONCOR in order to get the electrical
portion completed. The City has included the "civil work" in our bid for ONCOR and Suddenlink.
Other estimated fees include: the transfer of electric services from weather heads to underground lines
and replacing the meter bases that are not up to code -$8,800.00, The fee for Suddenlink to install cable
into the PVC -$1,262.30, Cost for additional easements (surveyor) and bollards around pad mounted
transformers - cost will primarily depend on easement acquisition. The light poles for the project cost
$17,406.40.
BOARD/ COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, bid tab
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$237,006.62
❑ Department Report Z Resolution
Budgeted Amt.
$45
000
00
,
.
❑ Presentation ❑ Ordinance
YTD Actual
$13
891
00
❑
,
.
Public Hearing ❑ Other
Acct. Name
Downtown Sidewalk Replacement
Acct. Number
25-0351-40-00
FISCAL NOTES:
REVIEWED AND APPROVED BY:
E Administration Z Ciry Clerk [I Eng. Planning & Development ❑ EMS/IT ❑ Finance ❑ Fite
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
City of Paris 067 Revised 2/04/08
J
D raft
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE
CLARKSVILLE STREET SIDEWALK PROJECT, IN THE CITY OF PARIS TO
BOBBY SMALLWOOD CONSTRUCTION, 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 Downtown Sidewalk Replacement Project in the City of Paris, which bids were received
unti13:00 o'clock p.m., Tuesday, the 17th day of January, 2012; and,
WHEREAS, the lowest responsible bid providing the best value to the City was
received from Bobby Smallwood Construction Co. Inc., Paris Texas, in the amount of
$237,006.62 and the contract should be awarded to Bobby Smallwood Construction Co. Inc.
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,
WHEREAS, the form of the Notice of Award and the Agreement for such
construction project, included in Exhibit "A" attached hereto, should in all things be
approved, and the Mayor should be authorized to execute the same;
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 Bobby Smallwood Construction Co. Inc., Paris, Texas, for
the Clarksville Street Sidewalk Project in the City of Paris, Texas 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 bid documents attached hereto as Exhibit "A".
Section 3. That the Interim City Manager be, and he is hereby, authorized and
directed to execute, on behalf of the City of Paris, the Agreement with Bobby Smallwood
Construction Co. Inc., in a form substantially similar to the Agreement form attached hereto
and incorporated herein as Exhibit "B".
Section 4. That this resolution shall be effective from and after the date of
passage.
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ner_%
Notice of Award
Date: March 12, 2012
Project: RE-BID Downtown Sidewalk Replacement - Clarksville Street
Owner: City of Paris Owner's Contract No.: TCF #710222
Contract: RE-BID Downtown Sidewalk Replacement - Clarksville St. Engineer's Project No.: 180050
Bidder: Bobby Smallwood Construction Co., Inc.
Bidder's Address:
1795 NE 1
Paris, TX 75460
You are notified that your Bid dated January 17, 2012 for the above Contract has been considered. You are
the Successful Bidder and are awarded a Contract for RE-BID Downtown Sidewalk Replacement - Clarksville
Street
The Contract Price of your Contract is Two Hundred Thirty Seven Thousand Six Dollars and Sixtv Two
Cents ($237 006 62) (Base Bid plus Additive Alternate.
4 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
4 sets of the Drawings will be delivered separately at the Preconstruction Conference to be scheduled after
contract execution and approval.
You must comply with the following conditions precedent within 15 days of the date you receive this
Notice of Award.
1. Deliver to the Owner 4 fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents 4 copies of Certificate of Insurance that complies
with the Contract Documents general conditions and supplemental conditions.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
Owner
By:
Authorized Signature
Mayor
Title
Copy to Engineer
29
EJCDC GSlO Notice of Award
Prepared by the Engineers Joint Contract Documents Committee and endorsed b,y the Construction Specifications Institute.
Paee 1 of 2
n c +i
26
EJCDC G510 Notice of Award
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Pa¢e 2 of 2
nRR
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 lsi 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:
Downtown Sidewalk Replacement - Clarksville Street
TCF #728002 and HEI #180041
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 105
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 $250 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:
, +I
EXHiB1T '
ngq
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
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.
~70,
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
8.7 Technical Specification prepared or issued by Hayter Engineering, Inc. dated April 2011.
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8.8 Drawings, consisting of sheets numbered 1 through 7, inclusive with each sheet bearing
the following general title: Downtown Sidewalk Replacement, Texas Capital Fund
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
full force and effect a policy or policies of insurance, providing at least $250,000.00 per
occurrence and $500,000.00 aggregate 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 1 st 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. O. Box 9037, Paris, Texas 75461-9037.
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
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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 fanlt 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 attorney's 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
Bobby Smallwood Construction Co., Inc.
City of Paris
1795 NE 17`"
P. O. Box 9037
Paris, TX 75460
Paris, TX 75460
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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 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 120.
OWNER:
City of Paris
By:
(Corporate Seal)
Attest:
CONTRACTOR:
Bobby Smallwood Construction Co., Inc.
By:
(Corporate Seal)
Attest:
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