2025 RES CITY COUNCIL AT ITS REGULAR MEETING ON 14TH DAY OF JANUARY R1980 APPROVED ADVERTISEMENT FOR BIDSRESOLUTION N0. 2025 ,
WHEREAS, the City Counc.il of the City of Paris, did at its
regular meeting on the 14th day of January, 1980, approve the ad~
vertisement for bids for the construction of an asphalt parking lot
at Record Park located on 7th Street N. W., which bids were re-
ceived until 10:00 o'clock A. M. , Wednesday, April 30, 1980; and,
WHEREAS, the best bid for such construction project was
made by Boorhem~Fields Equipment Co. , P. 0. Box 934, Paris,
Texas, 75460, and it should be awarde~. the contract for such
construction project; and,
WHEREAS, the form of contract to complete said project
is attached hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, That the bid of Boorhem~Fields Equipment Co, for
the construction of an asphalt parking lot at Record Park located
on 7th Street N. W. , in the amount of $10, 837.60, is hereby ac~
cepted and let, conditioned upon said contractor meet.ing all of
the terms and specifications included in the bid documents; and,
BE IT FURTHER RESOLVED, That the C.ity Manager of
the City of Paris, Robert W. Sokoll, be, and he is hereby au-
thorized and d.irected to execute on behalf of the City of Paris,
the contract for the above described work, upon the terms and
conditions and in the form shown in Exhibit A attached hereto,
with Boorhem~Fields Equipment Co.
Passed and adopted this 30th day of April, 1980.
Michael E, alone, Mayor
ATTEST:
.
H. C. Gre ne, City Clerk
APP OVE TO FORM:
;
~
T. . Haynes, City Attorney
CONTRA CT
STA TE OF TEXA S ~
COUNTY OF LAMAR ~
THIS AGREEMENT, made and entered into this 30th day of
April , 19 80 , by and between the CITY OF PARIS
of the County of Lamar and State of Texas, acting through
its City Manager, Robert W. Sokoll
thereunto duly authorized so to do, Party of the First Part, hereinafter
termed OWNER, and BOORHEM-FIELDS EQUII'MENT CO.
of the City of Paris , County of Lamar and
State of Texas , Party of the Second Part, hereinaEter termed
CONTRA CTOR.
WITNESSFTH: Ihat for and in consideration of the payments and
agreements hereinafter mentioned, Party of the Second Part (CONTRACTOR)
hereby agrees with Party of the First Part (OWNER) to commence and com -
plete the construction of certain improvements described as follows:
Asphalt Parking Lot at Record Park located on 7th Street N. W.
and all extra work in connection therewith, under the terms as stated in
the General Conditions of the Agreement and at his (or their) own proper
cost and expense to furnish all the materials, supplies, machinery, equip-
ment, tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction, in accordance with
the conditions and prices stated in the Proposal attached hereto, and in
accordance with the Notice to Contractors, General and Special Conditions
of Agreement, Plans and other drawings and printed or written explanarory
matter thereof, and the Specifications and addenda therefor, as prepared
EXHIBIT A
~
by Darrell W. Gunn, P. E.
t
herein entitled the ENGINEER, each of which has been identified by the
CONTRACTOR and ENGINEER, together with CONTRACTOR'S written
Proposal and the General Conditions of the Agreement hereto attached,
all of which are made a part hereof and collectively evidence and consti -
tute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10)
days after the date written notice to do so shall have been given to him,
and to substantially complete the same within 45 calendar xvorkimgx
days after the date of the written notice to commence work, subject to
such extensions of time as are provided by the General and Special
Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the proposal, which Eorms a part of this con-
tract, such payments to be subject to the General and Special Conditions
of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed
this Agreement in the year and day first above written.
CITY OF PARIS
Party of the First Part
(OWNER)
BOORHEM-FIELDS EQUIPMENT CO.
Party of the Second Part
(CONTRACTOR)
By:
o ert W. oko , ity a nager
ATTEST:
H. C. Greene, City Clerk
APPROVED AS TO FORM:
By:
W. G. room, ice- r si en
A TTEST:
Martin P. Joyce, Comptroller
T. K. Haynes, City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared
ROBERT W. SOKOLL, City Manager of the City of Paris
, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OTFICE, this day of
, 1980 .
Notary Public, Lamar County, Texas
STA TE OF TEXA S
COUNTY OF LA MA R
BEFORE ME, the undersigned authority, on this day personally appeared
W. G. GROOM, Vice-President of Boorhem-Fields Equipment Co.
, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein
expressed (and in the capacity therein stated).
GIVEN LINDER MY HAND AND SEAL OF OFFICE, this day of
. 19 80 .
Notary Public, amar
County, Texas
RECORD PARK
T0: Nonorable Ptayor and City Council, City ofi Paris, Texas
Gentlemen: Pursuant to the foregoing rJotice to Qidders and general infor-
mation, the undersigned Bidder hereby proposes to do all the work and to
furnish all necessary supervision, labor, machinery, equipment, tools and
materials and to complete all the work upon which he bids as provided by
the attached specifications and binds himself, on acceptance of the pro-
posal to execute a contract and bond, accordir,g to the accompanying forms
for perfo rniing and completing said work within 45 calendar days and fur-
nish all required guarantees for the fol]owing prices to-wit:
I7EM N0. UNIT DESCRIPTION PRICE
1 Lump Sum Furnish and install all $ 10,837.a0
materials for one parE;ing - -
lot as per p1«ns and
specifications.
10,837. Dollars and
-fr1T / v Cents
The undersigned 6idder declares that he has visited the site of the vJOrk
and has carefully examined the Contract Documents pertaining to the wor!:
covered by the above bid, and he further• agrees to commence work within
Ten (10) days after the date oT' written notice to do so, and substantially
cor'iplete the work on which he has bid within 45 calendar days as pro-
vided in the general agreement.
forty two
Enclosed with this proposal is a Certified Check forFive Hundred/ Dollars
(t 542.00) or a Proposal 6ond in the sum of -T_ Dollars
Cents, which it is agreed shall be col ected_ and reta ni ed-by the
Uwner within Ten (IO) days after the bids are received and the undersiyned
fails to execute the contract and the required hond for the Owner 4rithin
Ten (10) days after said Proposal is accepted, otherwise said check or
bond shall be returned to the undersigned upon reyuest.
TOL PRICE TEM 1 $ BOORNEM-F LDS EQUIPMENT CO
BIDDER
P. 0. Box 934, Paris, Tx 75460
DDRESS
Dollars _ ~ 60 Cents
4/30/80
DATE -
NOTE: Place completed bid in envelope together with any descriptive
information, seal envelope, mark envelope outside "Bid on Parking Lot -
Record Park". Deliver to Office of City Manager no later than 10:00 A.Mi.,
IJednesday, April 30, 1980.
10,837,
CONSTRUCTION GF ASPHALT PARKING LOT -
~
s
szn scxr.nuLE - BOORHEM-FIELDS EQUIPMENT C0.
°TEM ESTIMATED DESCRIPTIOPi FRICE IN
NO• QUANTITY UNIT _ AND PRZCE IN WORDS FTC]fTRRC T&RnrrwTm
1
1240
S.Y.
For constructinq and
compacting subgrade the
Sum of One
Dollars and Sixty five
cents per square yard.
S 1.65
$ 2046.00
2
1240
S.Y.
For furnishing and con-
structing 6" compacted
Rock Base, in place, the
sum of Three
Dollars and 1V2
cents per square yard.
S 3.05
$ 3782.00
3
1240
S.Y.
For furnishing and con-
structing lY" Compacted
Hot Mix Asphaltic Concrete
Pavement, the sum of
Three Dollars
and seven y 1V2 cents
per square yard.
$ 3.75
$ 4650.00
4
1
L.S.
For furnishing Select
biaterial and finish site
grading accordin to Plan,
the sum ofThree ~undred fi
ty nine
Dollars and SlX y
cents.
$ 359.60
,
$ 359.60
TOTAL AMOUNT OF BZD
(ITEhf 1 THFO(JGH 4) $10.i;37.60
NOTICE TO BIDDERS
The City of Paris, Paris, Texas will receive sealed bids until
10:00 A.M., Wednesday, April 30, 1980 for the construction of an
asphalt parking lot at Record Park located on 7th Street N.W.
Bidders should contact the City Engineer's Office at 214) 785-7511
for inspection of the job site and review of work required.
Sealed bids addressed to the Honorable Mayor and City Council, Office
of City Manager, City Hall, P.O. Box 1037, Paris, Texas 75460 will
be received until 10:00 A.M., Wednesday, April 30, 1980 at which
time all bids received will be publicly opened, tabulated, and re-
ferred to the City Council for thejr consideration.
Bidders are requested to use the attached Bid Forms to submit bids
on the proposal.
Specifications describing the work upon which bids will be received
are attached hereto.
The City of Paris reserves the right to reject any or all bids, to
waive any informality in bidding and to award as may be advantageous
to the City.
f~C
r~
Mic ae Koc , ministrative ssistant
SPECIFICATIONS FOR PARKING LOT
RECORD PARK
7th STREET N.W.
PARIS, TEXAS
SITE PREPARATION
This item shall consist of preparing the parking lot site for construction
operations by the removal and disposal of al1 obstructions from the designated
area. Such obstructions shall be considered ta include all vegetation,
concrete, shrubbery, trees designated to be removed, and all other debris.
It is the intent of this item to provide for the removal and disposal of all
obstructions and objectionsble materials from the construction site.
SUBGRADE PREPA.RATION AND GRADING
After the site of the work has been properly cleared the grading work may
proceed in conformity with the Plans and Specifications.
Soft, spongy and other unstable subgrade materials shall be removed and shall be
replaced by select materials and compacted as specified.
The entire construction site shall be scarified to a depth of 6-inches, adding
necessary select material, and compacted in an approved method to a satis-
factory density, and to the finished subgrade elevations indicated on Plans.
The 6-inch layer of subgrade imtnediateZy below the rock base shall be compacted
to 95% in accordance with the Standard AASHO T-99, Test Method.
ROCK BASE
After compacting the subgrade material to the required elevations indicated on
P1ans, a crushed stone flexible base course meeting the requirements of the
Texas Department of Highways Type A, Grade 4, shall be constructed on the sub-
base.
The material shall be sprinkled if necessary, and then shall be bladed, dragged and
shaped to conform to the typical section shown on Plans. All areas of segregated
coarse or fine material shall be corrected, or removed and replaced with well-
graded material. Compaction shall continue until a 95% Standard Proctor Density
is obtained in all areas to be covered with pavement.
Should the Base Course, due to any reason or cause, lose the required stability,
density or finish before the surface is complete, it shall be recompacted
and refinished.
HOT MIX ASPHALTIC CONCRETE
Hot Mix Asphaltic Concrete shall consist of a surface course as shown on
Plans.
The material shall conform to the requirements of The Texas Department of
Fiighways, Fine Graded Surface Course Type "D" (Item No. 340.3)
The mixture shall be machine laid, and shall be designed and tested in
aCCOrdance with THD Bulletin C-14 and will have a density of not less than
95 nor more than 99 percent and a stability of not less than 30.
Before the Asphaltic Mixture is laid, the surface shall be cleaned thoroughly.
The surface shall then be given a uniform application of Tack Coat Asphaltic
Material not to exceed 0.05 gallons per square yard of surface.
The Asphaltic Mixture shall be dumped and spread on the approved prepared
surface with an approved spreading and finishing machine, in such manner
that when properly compacted the finished pavement will be smooth, of
uniform density and will meet the requirements of the typical cross sections
as shown on the Plans, and when tested with a 10-foot straightedge placed
on the surface shall not deviate more than 1/8 inch in 10 feet.
FINAL SITE GRADING
After the asphaltic concrete hot mix wearing sur£ace has been laid and
approved, the contractor shall grade the perimeter of the paved parking
area a minimum distance of 40 feet to insure site drainage. Also slopes
adjacent to the paved area shall be graded uniformly on all sides and
finished approximately 1" below Asphalt Paved Elevations. Select material
shall be added where necessary.
The contractor shall at all times during construction make ample provisions
for completely and readily draining the project site during subgrade
preparation and final construction phases.
SPECIAL PROVISIONS
1. WAGE RATES: All employees of the Contractor on the work to be performed
under this contract shall be the minimum allowed in compliance with the
civil statutes of the State of Texas and to conform with the U. S. Depart-
ment of Labor Employment Standards Administration, in accordance with
provisions of the Davis-Bacon Act.
(a) Payrolls and basic records relating thereto will be maintained during
the course of the work and preserved for a period of 3 years thereafter
for all laborers and mechanics working at the site of the work. Such
records will contain the name and address of each such employee, his
correct classification, rates of pay (including rates of contributions
or costs anticipated of the types described in Section 1(b) (2) of
the Davis-Bacon Act), daily and weekly number of hours worked, deduc-
tions made and actual wages paid. Whenever the Secretary of Labor has
found, under 29 CFR 5.5 (a) (1) (iv), that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 1(b)
(2) (B) of the Davis-Bacon Act, the contractor shali maintain records
which show that the comnitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been comnunicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
costs incurred in providing such benefits (29 CFR 5.5 (a) (3) (i)).
(b) The Contractor will submit weekly a copy of all payrolls to the City
of Paris, Paris, Texas for availability to the DOL, as required by
paragraph 152.59 (a). The copy shall be accompanied by a statement
signed by the employer or his agent indicating that the payrolls are
correct and complete, that the wage rates contained therein are not
less than those determined by the Secretary of Labor and that the
classifications set forth for each laborer or mechanic conform with
the work he performed. A submission of a"Weekly Statement of Com-
pliance" which is required under this contract and the Copeland regu-
lations of the Secretary of Labor (29 CFR Part 3) and the filing with
the initial payroll or any subsequent payroll of a copy of any findings
by the Secretary of Labor, under 29 CFR 5.5 (a) (1) (iv), shall
satisfy this requirement. The prime contractor shall be responsible
for submissior of copies of payrolls of all subcontractors. The
contractor wi11 make the records required under the labor standards
clauses of the contract available for inspection by authorized rep-
resentatives of the Department of Labor, and will permit such repre-
sentatives to interview employees during working hours on the job.
Contractors employing apprentices or trainees under approved programs
shall include a notation on the first weekly certified payrolls sub-
mitted to the City of Paris, Paris, Texas for availability to the
DOL, that their employment is pursuant to an approved program and
shall identify the program (29 CFR 5.5 (a) (3) (ii).
2. GUARANTY AGAINST DEFECTIVE WORK: The Contractor shall indemnify the
owner against any repairs which may become necessary to any part of
work performed under this contract, arising from defective workmanship
or materials used therein, for a period of one (1) year from the date
of final acceptance of the work.
3. CLEANUP: At the conclusion of the work, all tools, temporary struc-
tures and materials belonging to the Contractor shall be promptly
removed and all dirt, rubbish and other foreign substances shall be
disposed of.
4. INSURANCE: The Contractor sha11 maintaih such insurance as will protect
him and the Owner from claims under Workman's Compensation Acts and
from any other claims for damages for personal injury, including death,
which may arise from his operation he, by himself, or by any subcontractor
or anyone directly or indirectly employed by either of them. Certifica-
tion of such insurance shall be filed with Owner. Coverage shall be as
follows:
(a) 4dorkman's Compensation Insurance and Employer's Liability Insurance
shal] comply wjth State Laws and with minimum limits of $100,000.00.
(b) Contractor's public liability with limits not less than $100,000.00
each person, $300,000.00 each accident and property damage with
limits not less than $100,00.00 each accident, $200,000.00 aggregate.
The insurance hereinbefore specified shall be covered until a11 work re-
quired to be performed under the terms of the contract is satisfactorily
completed or evidenced by formal acceptance by the Owner.
5. The Contractor shall comnence work within Ten (10) days after the date
of written notice to do so, and complete the work on which he has bid
within Forty-five (45) calendar days.
1Qm Fsder+n Reg'istar /•al. 46, M. SL Y Prfday, March li, 19E0 / Notic.es
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4
r
Civil Rights
The contractor is required to comply with regulations issued
pursuant to the Civil Rights Act of 1964 with respect to non-
discrimination in Federally assisted programs of the Department of
Interior.
The following provisions known as the F.QUAL OPPORTUNITY CI.AUSE
are to be incorporated verbatim in each contract.
"During the performance of this contract, the contractor agrees
as follows:
"(1) The contractor will not discriminate against any employee
or applicant for employment because of race, creed, color,
or national origin. The contractor will take affirmative
:action to ensure that applicants are employed, and that
employees are treated during employment, without regard to
their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer: recruitment
or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection of
training, including apprenticeship. The contractor agrees
to post in conspicious places, available to employees and
applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of the
nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive considerations
for employment without regard to race, creed, color, or
national•origin.
"(3) The contractor will send to each labor union or represent-
ative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer, advising the
labor union or workers' representative of the contractors
commitments under Secfion 202 of Executive Order No. 11246
of September 24, 1965, and shall post copies of the notice
in conspicuous places available ta employees and applicants
for employment.
"(4) The contractor will comply with all provisions of Exectitive
Order No. 11246 of September 24, 1965, and of the rules,
regulations and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all informati.on and reports
required by Executive Order No. 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto and will permit access to his
books, records, and accounts by the contracting agency and
the Secretary of Labor far purposes of investigation to
.
ascertain compliance with such rules, regulations, and orders.
11(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such
rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order
No. 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive
Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided
by law.
11(7) The contractor wilZ include the provisions of Paragraphs (1)
through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order
No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any sub-
contract or purchase order as the contracting agency may
direct as a means of enforcino such provisions, including
sanctions for noncompliance: Provided, however, that in the
event the contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result
of such direction by the contracting agency, the contractor
may request the United States to enter into such litigation
to protect the interests of the United States."
Federal Funds
All bidders will be informed that Federal funds will be used to
assist in construc[ion. This can be accomplished in the "special
provisions" of the specifications or in the bidding documents.
Bonding and Insurance
For contracts exceeding $100,000 the following applies:
A. A bid guarantee from each bidder equivalent to five percent
of the bid price. The "bid guarantee" shall consist of a firm
commitment such as a bid bond, certified check, or other nego-
tiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of his bid, execute such con-
tractual documents as may be required within the time specified.
B. A performance bond on the part of the contractor for'100 -
percent of the contract price. A"performance bond" is one
executed in connection with a contract to secure fulfillment
of all the contractor's obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent
of the contract Price. A"payment bond" is one executed in
connection with a contract to assure payment as required by
law of all persons supplying labor and material in the
execution of the work provided for in the contract.
D. Additional conditions governing construction contracts are
contained in the General Provisions.
Contract Provisions
The grantee shall include, in addition to provisions to define a
sound and complete agreement, the following provisions in all contracts:
A. Contracts shall contain such contractual provisions or conditj_ons
w•hich will allow for administrative, contractual, or legal
remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties
as may be appropriate.
B. Al1 contracts, anounts for which are in excess of $10,000,
shall contain suitable provisions for termination by the
grantee including the manner by which it will be effected
and the basis for settlement. In addition, such contracts
shall describe conditions under which the contract may be
terminated for default as well as conditions where the
contract may be terminated because of circumstances beyond
the control of the contractor.