2012-058 RES AUTHORIZING CITY MANAGER TO ENTER INTO CONTRACT WITH RICHAD DRAKE CONSTUCTION CO TO EFFECT REPAIRS TO 24TH SE ST BRIDGE AT SANDY CREEKRESOLUTION N0. 2012-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
RICHARD DRAKE CONSTRUCTION COMPANY TO EFFECT REPAIRS TO
THE Z4TH SE STREET BRIDGE AT SANDY CREEK; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, during the heavy rains this spring a section of rip rap under the 24th SE
Street Bridge at Sandy Creek failed and there has been extensive erosion adjacent to the
southeast abutment causing concern for continued erosion to undermine the roadway
approaching the bridge; and,
WHEREAS, City staff inet with Richard Drake Construction Company to discuss
repair options as outlined in the proposal letter attached hereto as Exhibit "A" with the cost
of repairs being $49,140.00; and,
WHEREAS, funds were not budgeted for this work and City Council approval will
require a future budget adjustment. Due to the critical nature of this work City Staff
recommends that the Council authorize the City Manager to enter into a contract to effect
repairs to the 24th SE Street Bridge at Sandy Creek.
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 City Council approve the proposal from Richard Drake
Construction Company for repairs to the 24th SE Street Bridge at Sandy Creek in the
amount of $49,140.00, and the necessary future budget adjustment.
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 all documents necessary to
effect the repairs to the 24th SE Street Bridge and related drainage and erosion issues at
Sandy Creek as described in the proposal attached hereto as Exhibit "A".
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 31st day of �Iay, 201
A.J'.(��, Iv�l�., Mayor
ATTEST:
anice Ellis, City Clerk
APPROVED AS TO FORM:
!i'�.''1 � �~ °-----•�
W. Ken yar, City Attorney
1\.l V 1J 1"- i�
C 0 N S T R U C T i 0 N C 0 M P A NY
April 4, 2012
Attn: Mr. Shawn Napier, City Engineer
City of Paris
135 Fust Street Southeast
Paris, TX 75460
(903) 784-9292
Fax (903) 784-1798
snapier @ paristexas. gov
Re: 24`� Street Bridge
Dear Mz. Napier:
As per your request we have prepared this proposal for your consideratian. The
work is described as follows:
1. Install temporary dams on both sides of Sandy Creek Bridge on 24�' Street with
(3) 6" gasketed pipes to divert water past 2°d dam. Pump water trapped between
dams downstream to dry creek bed.
2. Build temporary ramp on east side of bridge to allow equipment access and to
protect 8" sewer line. Demo approxinnately 14 ft. x 15 ft. concrete area in creek
bottom around abandoned water line and leave in place for Rip Rap and also to
widen channei.
3. Mave existing Rip Rap that has eroded out to creek bottom for more Rip Rap and
leave as whole as possible.
4. Install concrete Rip Rap 6" thick with No. 3 rebaz on 12" centers and No. 4
dowels into existing Rip Rap on 12" centers with 4 ft. toe beam 6" wide with No.
3 rebar on 12" centers with 4 ft. toe beam 6" wide with No. 3 rebar on 12"
centers. Rip Rap to be 33 f� long x 11 ft. wide with rough broom finish.
5. Re�air erosion to approximately 200 f.t to cast of centerline of bridge to
approxiznately 300 ft. west of centerline of bridge using existing soil an add slight
bends in channel to slow flow as much as possible.
6. Remove temporary ramps and dams to allow water flow.
POWDERLY, TEl(AS • 15413 � 903.132.4781 • fAR-903.132.4340
0 Hwy 211 N � �,` ��
v.richarddrakeconstruction.com ���� �
The total for the above work excluding taY is $49,140.00
We appreciate the opportunity to provide this proposal for your review. If
additional information is needed please feel free to ca11.
Sincerely,
�j�
Paul Drake
Richard Drake Construction
CONSTRUCTION SERVICES AGREEMENT
REPAIR OF THE 24T" SE STREET BRIDGE AT SANDY CREEK
STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS:
This Construction Agreement is made and entered by and between the City of
Paris, Texas a home-rule municipal corporation (hereinafter referred to as "City") and
Richard Drake Construction Company, 6290 Highway 271 North, Powderly, Texas
75473, a limited partnership (hereinafter referred to as "Contractor" to be effective from
and after the date herein provided.
For and in consideration of the covenants and agreements contained herein, and
for the mutual benefits to be obtained hereby, the parties hereto agree as follows:
I. EFFECTIVE DATE
The effective date of this Agreement shall be May 31, 2012.
II. CONTRACT DOCUMENTS
That the contract documents which are hereby made a part of this Agreement by
actual attachment or by reference hereto are as follows:
1. Proposal Letter for 24th SE Street Bridge from Richard Drake Construction
dated April 2, 2012 attached hereto as Exhibit, "A";
2. Plans, Drawings, or Specifications related to this Project
II1. THE WORK
Contractor shall provide all labor, supervision, materials and equipment necessary
to repair the 24th Street Bridge drainage and erosion issues at Sandy Creek in the City of
Paris in accordance with the Contract Documents, however, that in the event of a
perceived conflict or ambiguity between this Agreement and the contract documents, the
terms of this Agreement shall control.
IV. TERM/TIME OF COMPLETION
Contractor shall commence work under this contract within three (3) business days
following receipt of a Notice to Proceed or Work Order from the City. Contractor shall
complete the work within thirty (30) days from receipt of the Notice to Proceed or the Work
Order issued by City.
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 by
signed and authorized change order. The Parties 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 $250.00 for each additional calendar day
that Contractor requires to complete the Work beyond the time set out herein.
V. PAYMENT
City shall pay CONTRACTOR for work completed and accepted by City within
thirty (30) days of receipt of invoice.
Contractor recognizes that this Agreement shall commence upon the effective
date herein and continue in full force and effect until termination in accordance with its
provisions. Contractor and the City recognize that the continuation of any contract after
the close of any given fiscal year of the City of Paris, which fiscal year ends on September
30t" of each year, shall be subject to Paris City Council approval. In the event that the
Paris City Council does not approve the appropriation of funds for this Contract, the
Contract shall terminate at the end of the fiscal year for which funds were appropriated
and the parties shall have no further obligations hereunder.
VI. 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
$500,000.00 per occurrence and $1,000,000.00 aggregate for bodily injury (including
death), and damage 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 Contractor 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 licensed to write insurance policies by the State of Texas. The policy or
policies shall be written or endorsed to cover the City, its elected officials, officers and
employees as additional insured. Contractor or its insurance carrier or carriers 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 the City, its elected officials, officers and employees are covered as an
additional insured. 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 its sureties shall defend, indemnify, and hold the City, its
elected officials, officers and employees harmless 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 intentional wrongful act or omission of the Contractor, his agents, employees or
subcontractors in the performance of said contract; or on account of the failure of the
Contractor to provide the necessary barricades, warning lights or signs; and Contractor
and its sureties 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 whole or in part, any and all alleged
acts or omissions of officers, agents, servants, employees, contractors,
subcontractors, licenses or invitees of the City.
VII. PERFORMANCE AND PAYMENT BONDS
With the execution and delivery of the contract, Contractor shall furnish and file
with the City in the amounts herein required, perFormance and payment bonds in
accordance with Section 2253 of the Texas Government Code and Article 7.19-1 of the
Insurance Code, as amended. The sureties shall be listed in the most current Federal
Register Treasury List. The City reserves the right to reject any and all sureties.
VIII. INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and
not an officer, agent, servant or employee of City; that Contractor shall have exclusive
control of and exclusive right to control the details of the work performed hereunder and
all persons performing same, and shall be responsible for the acts and omissions of its
officers, agents, employees, contractors, subcontractors and consultants; that the
doctrine of respondeat superior shall not apply as between City and Contractor, its
officers, agents, employees, contractors, subcontractors and consultants, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Contractor.
IX. TERMINATION
Should either party to this Agreement default in any covenant, conditions,
provisions or stipulation in this Agreement, the non-breaching party shall provide written
notice to the breaching part of the default, and should the default not be cured within
twenty (20) calendar days, the non-breaching party may terminate the Agreement.
3
X. CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION
The parties agree that the laws of the State of Texas shall apply to this Agreement,
and that it is performable in Lamar County, Texas. The parties further agree that exclusive
venue shall lie in Lamar County Texas.
XI. ENTIRE AGREEMENT; AMENDMENTS;
SUCCESSORS AND ASSIGNS
This Construction Agreement, including the contract documents listed in Article II
herein, represent the entire and integrated agreement between City and Contractor, and
supersedes all prior negotiations, representations, or agreements, either written or oral.
This Construction Agreement may be amended only by written instrument signed by both
City and Contractor. This Construction Agreement is binding upon and shall inure to the
benefit of the parties hereto and their respective successors.
IN WITNESS WHEREOF, the parties have executed this Construction Agreement
upon the year and date indicated below their signatures hereto.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mcllyar, City Attorney
CITY OF PARIS, TEXAS
:
John Godwin, City Manager
Richard Drake Construction Company
:
Title:
ACKNOWLEDGMENTS
BEFORE ME, the undersigned authority, on this day personally appeared John
Godwin, City Manager of the City of Paris, Texas, 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 OFFICE, this day of
, 2012.
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared
Name Title
of Richard Drake Construction, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2012.
Notary Public, State of Texas
5
���,� 1J l�.L 11��.�
CONSTRUCTiON COMPANY
Apri14, 2012
Attn: Mr. Shawn Napier, City Engineer
City of Paris
135 First Street Southeast
paris, TX 75460
(9Q3} 7849292
Fax(903)784-1798
snapier @paristexas.gov
Re: 24�' Street Bridge
Deaz Mr. Napier:
As per your request we have prepared this proposal for your consideratian. The
work is described as follows:
1. Install temporary dams on both sides of Sandy Creek Bridge on 24�' Street with
(3) 6" gasketed pipes to divert water past 2nd dam Pump water trapped between
dams downstream to dry creek bed.
2. Build temporary ramp on east side of bridge to allow equipment access and to
protect 8" sewer line. Demo approximately 14 ft. x 15 ft. concrete azea in creek
bottom around abandoned water line and leave in place for Rip Rap and also to
widen channel.
3. Mave existing Rip Rap that has eroded out to creek bottom for more Rip Rap and
leave as whole as possible.
4. Install concrete Rip Rap 6" thick with No. 3 rebaz on 12" centers and No. 4
dowels into existing Rip Rap on 12" centers with 4 ft. toe beam 6" wide with No.
3 rebar on 12" centers with 4 ft. toe beam 6" wide with No. 3 rebar on 12"
centers. Rip Rap to be 33 f� long x 11 ft. wide with rough broom finish.
5. Repair erosion to approximately 200 f.t to cast of centerline of bridge to
approximately 300 ft. west of centerline of bridge using existing soil an add slight
bends in channel to slow flow as much as possible.
6. Remove temporary ramps and dams to allow water flow.
0 Nwy 271 N • POWDERLY, TEKAS
. 75413 • 903.732.4181 • fAX-903.]32.4340
1\ � I
N.richarddrakeconstruction.com �������
The total for the above work excluding ta�c is $49,140.00
We appreciate the opportunity to provide this proposal for your review. If
additional information is needed please feel free to call.
Sincerely,
/ /�
Paul Drake
Richard Drake Construction
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