1857 RES CITY COUNCIL AT ITS REGULAR MEETING ON 13TH DAY OF FEBRUARY 1978 APPROVED ADVERTISEMENT FOR BIDSRESOLUTION N0. 1857 .
WHEREAS, the City Council of the City of Paris, did at its
regular meeting on the 13th day of February, 1978, approve the ad-
vertisement for bids for the furnishing and installation of a 1-1 /2"
minimum thickness asphalt overlay to two (2) tennis courts located
in Culbertson Park and one (1) basketball court located in Record Park,
in accordance with detailed plans and specifications, which bids were
received until 10:00 o'clock A. M. , Wednesday, March 8, 1978; and,
WHEREAS, the best bid for such construction project was made
by David Buster, d/b/a David Buster Construction Company, and he
should be awarded the contract for such 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 David Buster, d/b/a David Buster Construction
Company, for the furnishing and installation of a 1-1/2" minimum
thickness asphalt overlay to two (2) tennis courts located in Culbertson
Park and one (1) basketball court located in Record Park, within 70
calendar days, in the amount of $5,174. 61, is hereby accepted and let,
conditioned upon said contractor meeting all of the terms and specifi-
cations included in the bid documents; and,
BE IT FURTHER RESOLVED, That the Mayor of the City of
Paris, James M. Brunette, be, and he is hereby authorized and directed
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 David Buster, d/b/a David Buster
Construction Company.
Passed and adopted this lOth day of April, 1~78.
ti ~ ~
es M. Brunette, Mayor
ATTEST:
~
H, C. re , e, City C erk
APPROVED TO FORM:
. I . Hayne , City ttorney
r coraTRAcT
sTnTf,, oF 'I'EXAs ~ . :
CUUi14'TY OF LAMAR
THIS AGRELt•,ENT, macle and entered anto ~ 1~Jth da y o.f_
April A. D. 19 78 b~' dn3 bet~~,~e~~n the CITY OF_PARIS
of the County of
Lamar
and State of TexasQ acta.ng
through its Mayor, James M. Brunette,
• thereantQ duly authorzzsd so to d~-,
Party of the First Part 9 hereinafter termed O;1PdEtt g and
DAVID BUSTER, 'D/B/A DAVID BUSTER CONSTRUCTION COMPANY,
of the City of
Paris
Count}T of Lamar
and state of Texas Party of the Sn-ccnd Part s k:ere°
inafter termed CONTZACTORe
WITNESSr.Tri o That for and in consideration of the payn-►ents and
agreeMents hereinaFter nientioned e to be macle 4nd per:f'orried 'by the Pqr'cy
Qf the First Part (Ot'1P~E'_P' ) 9 and under the conditions expressea in i;he
bond bearing even date hereiaithp thz said Party oi the Sevond I'cirt
{CGI;iRACTOR~, hereby agre2s with the said Par. fiy of ithe- FZrs; Part
(0I1P;ER) to comr.ience and conplPice the conGtiruction of certain :iinprove-
ments described as followse For the furnishing and installation of a 1-1/2''
minimum thickness asphalt overlay to two (2) tennis courts located in Culbertson
Park and one (1) basketball court loeated in Record Park, _
and all extra ijork in cannecLion therewith p und-er i.1he terms as s..,aLed
in the Genzral Conditions of the Agreemen* <<nd a: his (or their ) O.•Tn
propAr cost and expense to fur•nish a11 the mate.rialsy supplies;. ma;.h-
inery9 ec,.uiprr,ent, tools9 superinl-jeridence, lciborp insu-vUncer and o:her
accessories and servi:,es necessary to coniplete the said con atracti.on,
in accordance viith the conditior.s und prices s'.:ated in the Froposal
attuched hereto,s and in accordance with the Kotice to Co.r.tractorsQ
General ~jrd Special Conc?itioris of Abreerrent, Fl~.ns ~,ncl o-hex- ur~~~rings
~,nd prin-teci or ivri'cten explanatorlr matter thereo.f, 4and the Speci:f'iea-
tions and addenci-D therefor, as prepured by Joe N. McCollum
a~as~r•~o-g►vuuvx~..a.,..,-..9.--~.._.,.------ - r
toge'trier vrith CGN'1'RACTGR"S iLTritten Froposal.g
C-~
EXHIBIT A
Contract9 CoIltinuedn
the Geriera_l Conditxons of the Lureement, anrl the Perf'orrance Ilond hereto
attached; all o:E' vrhich are made a part herE:of' and collecta.velZr evidcnce
and constitute the entire contract o
'i'he CUNTRACTOk) hereby agrees to corrmence tJOx•k i-;_ithin ten (10) clays
a.fter the date wratten no-tice to clo so shall have been given to himp
and to substantxally corapl.e-te the sarn2 t,rithin 70 ca.lendar da3rs
after the date of the written notice to cornmence i•TOxlc, subj2ct to such
extensians of time as are provided by the General. and Special Conditxonso
THE OWNER agrees to pay the COtiTRAC10R i;
or prs.ces shown in the proposal, vrhich forms a
such payments to be su'aject to the General and
tre contracto , .
' Tl`1 WxTRESS WHEREOF, the paxties to these
this Agreement in the yeax and.day first above
CITY OF PARIS
~ Yarty of the 1"irst -'art
( 0:`JI`1ER )
By: ; - - -
alm . runette, ayor
ATTJIUo
H. C. Gx'eene, City Clerk
APPROVED AS TO FCJRM: -
T. K. I-Taynes, City ttorney
a current funds the price
part of 'this contracte
Special Conditions aF
presents have executed
writ-teno -
DAVID BUSTER, D/B/A
DAVID BUSTER CONSTRUCTrON COMPANY
Pari.y os' the Second Part
~ ( CONTRACTOR }
,
Byo
`~avi uster .
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PROPOSAL
ASPHALT OVERLAY - TENNIS COURTS
AND BASKET BALL COURT
T0: Honorable Mayor and City Council, City of Paris, Texas
Gentlemen: Pursuant to the foregoing Notice to Bidders and general
information, the undersigned Bidder hereby proposes to do all the work
and to furnish all necessary superivision, labor, machinery, equipment,
tools and materials and to complete aJl the work upon which he bids as
provided by the attached specifications and binds himself, on accept-
ance of the proposal to execute a contract and bond, according to the
accompanying forms for performing and completing said work within
calendar days and furnish all required guarantees for
the following prices to-wit: ,
ITEM N0. UNIT DESCRIPTION .
PRTCE
1. Lump sum Install 12" minimum thickness
2 08~v
asphalt overlay on existing
concrete tennis courts,surface
area 13,580 sq. ft., as per
specifications. 3832
~ Dol 1 ars and t34p., cents.
2, Lump sum Instal l 12" minimum thi ckness
$ ~ 41. 7S
asphalt overlay on existing
asphalt basket ball court,
surface area 3,900 sq. ft.,
as per specifications. L~341
Dollars and 75 cents.
The undersigned Bidder declares that he has visited the site of the
work and has carefully examined the Contract Documents pertaining to the
work covered by the above bid, and he further agrees to commence work
within Ten (10) days after the date of written notice to do so, and sub-
stantially complete the work on which he has bid within &0 calendar
days as provided in the general conditions of the agreement.
Encl osed wi th thi s proposal i s a Certi fi ed Check for Zc - WznE T0 ~.iFrs'-ll1Nr
Dollars ($_Zj9, D) or a Proposal Bond in the sum of '1 d
Dollars Cents, which it is ag
shall be collected and retained y the Owner as liquidated damages in the
event this proposal is accepted by the Owner within Ten (10) days after
the bids are received and the undersigned fails to execute the contract
and the required bond for the Owner within Ten (10) days after said
Proposal is accepted, otherwise said check or bond shall be returned to
the undersigned upon request.
PROPOSAL cont'd .
Page 2
TOTAL PRICE ITETIS 1 AND 2 DOLLARS
CENTS
BIDD XR:P72,,flq1V,//iR,7 8dsrc"~ C`o~c1sT~~riQru 60,
A / ,~vop ,~8~ ~!l1~1 PA;~iS . ~a XAS l3"~G~
DATE ~ ADDRESS
NOTE: Place compZeted bid in envelope together with any descriptive infor-
mation, seal envelope, mark envelope outside "Bid on Asphalt Overlay
Tennis and Basketball Courts . Deliver to the Office of City-Manager,
City of Paris, Paris, Texas, no later than 10:00 A.M., Wednesday,
March 8, 1978.
NOTICE TO BIDDERS '
The City of Paris, Paris, Texas will receive sealed bids until 10:00 A.M.,
Wednesday, Marcti 8, 1978 for the furnishing and installafiion of a 12"
minimum thickness asphalt overlay to two (2) tennis courts located in
Culbertson Park at 13th S.E. and Neathery Street and one (1) basketball
court located in Record Park at 7th N.W. and Henderson Street.
Sealed bids addressed to the Honorable Mayor and City Council, Office of
City Manager, City Hall, P. 0. Box 1037, Paris, Texas 75460 will be
received until 10:00 A.M., Wednesday, March 8, 1978 at which time al1 hids
received will be publicly opened, tabulated and referred to the Mayor and "
City Council for consideration at the City Council meeting to be held on
Monday, March 13, 1978.
Bidders are requested to use the attached Bid Form to submit bids on this
matter.
Specitications deseribing the project upon which bids will be received are
attached hereto.
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 C:ity.
H. C. Greene, Acting City Manager
SPECTFICATIONS FOR
ASPHALT OVERLAY OF TENNIS COURTS
AND BASKETBALL COURT
Overlay shall consist of a 12" minimum thickness wearing surface course
of plant mix asphalt, Type D. Aggregate gradations shall not exceed 3/8"
in maximum size. Application shall be made to attain final slope suff-
icient for surface drainage. The surface shall be rolled free of roller
marks, ridges and voids shall be repaired.
Overlay is to be applied to two existing concrete tennis courts and one
existing asphalt basketball court. The existing surfaces shall be properly
cleaned and a suitable prime or tack coat applied prior to overlaying the
courts. -
Contractor shall be responsible for application with proper equipment and
tools, at correct material temperature and atmospheric conditions.
The two tennis courts to be overlayed are located in Culbertson Park
between Neathery Street and Hearon Street east of 13th S.E. The courts, .
6 of them, are numbered from west to east. Court number 4 and court
number 5 are to be overlayed. The City will remove ard replace a sufficient
amount of chain link fence to allow equipment access by contractor.
The basketball court to be overlayed is located in Record Park on 7th N.W.
north of Nenderson Street and is easily accessible to equipment.
SPECIAL PROVISIONS
l. 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.
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 structures
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 shall maintain 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. Certification of
such insurance shall be filed with Owner. Coverage shall be as follows:
(a) Workman's Compensation Insurance and Employer's Liability
Insurance shall comply with 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 $100,000.00
each accident, $200,000.00 aggregate.
The insurance hereinbefore specified shall be covered until all work required to be performed under the terms of the contract is satisfactorily
completed or evidenced by formal acceptance by the Owner.
PEft"YOX-MANCE k3nNI3
STNVL 0 1 F _l E-XAal
.FY- pS' LA MA R
CO-CI _N-
E~,7Q'ti'(F AZ,Y, 1;ILN ; X THESE PPESE'_NAS- ri'hat David Buster, d/b1a David Buster
Construction Company ___of the City of Paris -
C,ounty af_ Lamar , ancl State of Texas
principal, and
Rut'nozzzecl under the Iaws of the Stat6 of TeYas to 1ct as suz•ety on bonds for prir.cipals, ~ar.e halcl
and iirrrcly bound unto the CITY OF PARIS (Qcmer),
l ~ .
F i v e T h o u s a n d O n e -Hundred Sevent v -Four / bollar s 5,174.6
in the pen a l sum of
for the paym,ent whereoE, the said Principal and Surety bind. themseIve~s, and their heirss .
admir_istrMtors, execu'Lors, succe5sars and assigns, jointly and s°verally, by, theaE presents:
ZYUE;2EAS, tha Princip-al has encereci ictto a cectain Nvrittzn contraci wath tne OtivrtRr,
c!at~ t'ne lOth ' ~?ay of APril - , 1~ ~g ~
for the furnishing and installation of a 1-1/2" minimum tlitckness asphalt overlay to.
two (2) tennis courts located . in Culbertson Park and one (1) basketbail court located _ Par ~vl~R;nC~on~tra t is here'oy refer►-e1 ta and made a pa~ llereoi as fully and io the sa:me extent
as if copi°a at Ieng-th hereirz.
NOIV, WTERLFORE, 'I'HE CONDI3'ION OF -ffIZS OB1.IG ATIOy" 7S S'CJCII, ~h~it if tha
saicl Prineipal shall fait'af.zlIy pzrforrn said Contract and shall in all respects duly ancl faithfully
obsen,e atici perform a11 and singular the covenants, conclitions anci agxeements in ancl by saicl
centract agreetl and covenantetl bp the Principal to be observeu ancl perfoamed, and aecorclira to -
the true intent and xneanina of sp-id Contract and the PIaris ar.cl Specifications hereto annexeil,
then this obIigation shall be vaid; otherivise ta rem:Ain in iLt'!1 forca aiitl eifect; -
PROVIDED, 1-I01VEVER, tha4 tnis bor.d is execateci ptirsuant to the provisior_s of Ari:icle 5160 cf tne P.evised Civil Statutei of Texas a3 amended by the acts of the 56th Legislature, R.egular
Sess:on, 1959, ancl ali liabitities on this bond sh•~:li be determir.ed in accortlsnce -vvith ths prowisions
of saicl Article to the same extent as if it tivere copiecl at length hereir_. _
Sttr~!ty, for va2ue z-eceivetl, stipntat?s and agrees that no c'n anae, exfieiision of tirte, a}teratian
oQ- a;lcliti.~n to the te~-ms of. ~h° contract, or to the tvorl: perxormPCl tliereunder, or the plsns,
speCifiC:etiort,-,, or draNvincs accorpanying the s:eme, shz~il in anc-wise af:Eect its abli;;ation on this
IPB-1
, ,
})UI:C~, ~:T:Ci It r~0?3'l:EC~•~l'J }v. O~`.CCe O~ .i?i_J StiI:TR C~I:122,C:, CXtC;2Si time, £:ZF::r::tt`,IUpt' [OTl
to the te!-rrt3 Of the COIlEY:LCt, or to the worlti to ba performed Ll2ereuz.c?er_ .
I~T ;y'.I7'NESS WHEREDF, the said Principal aitcl Surety liave si;;nec1 and sealecl t1113 inStrLi-
mezit this--- -.day uf April , 1978 DAVID BUSTER, D/B/A,
DAVID BUSTER CONSTRUCTIN GQvIPANY
-Princip:+i : Sucety
~y .
by David Buster . .
Tit1e Owner ~'itlP
~lddre$s Rt. 1, Loop 286 N. W. Address
Paris, Texas, 75460 ~
The name and addre-" of the P.esident Aoent of Surety is: PB-`