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19-D HMAC Overlay AwardMEMORANDUM To: From: Subject: Date: Michael Malone, City Manager Terry Townsend, Director of Public Wo Bid Tabulation and Reeommendati0n -- July 3, 2002 The following bids were received at a bid opening on Tuesday, July 2, 2002 at 3 p.m., for the 2002 HMAC Overlay Program. It is my recommendation to award the bid to the low bidder, APAC - Texas Inc./Buster Paving Division, P.O. Box 278 Brashear, Texas 75420. APAC - Texas Inc./Buster Paving Division P.O. Box 278 Brashear, Texas 75420 No. Item 1. Power operated planing machine with personnel 2. 12 yard dump truck with driver 3. Hot mix asphaltic concrete, type D installed. (TxDOT Item 340) Estimated Quantity 50 hours 225 hours 7800 tons Unit Price Total Price $475.00 $ 23,750.00 $ 34.00 $ 7,650.00 $ 34.85 $271,830.00 TOTAL BASE BID PRICE $303,230.00 Bid Tabulation and Recommendation, continued Richard Drake Construction Company L.P. 6290 Hwy 271 N. Powderly, Texas 75473 No. Item 1. Power operated planing machine with personnel 2. 12 yard dump truck with driver 3. Hot mix asphaltic concrete, type D installed. (TxDOT Item 340) Estimated Quantity Unit Price Total Price 50 hours $375.00 $18,750.00 225 hours 7800 tons $ 32.50 $ 7,312.50 $ 37.79 $294,762.00 TOTAL BASE BID PRICE $320,824.50 TT/as DRAFT J:kAttorney\LisakResolutions\CURRENTkHMAC Street Overlay Award 2002.wpd July 5, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE 2002 CITY STREET HMAC OVERLAY PROGRAM; 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, on the 10th day of June, 2002, in Resolution No. 2002-101, approve the plans and specifications and authorize the advertisement for bids for furnishing labor, materials, and equipment and for performing all work required for the "2002 City Street HMAC Overlay Program," which bids were received until 3:00 o'clock p.m., Tuesday, the 2nd day of July, 2002; and, WHEREAS, the best bid for such construction was made by APAC - Texas Inc., Buster Paving Division, of Brashear, Texas, and it should be awarded the bid for the same; and, WHEREAS, the form of the contract for such project, attached hereto as Exhibit A, 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, 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 ofAPAC - Texas Inc., Buster Paving Division, for the "2002 City Street HMAC Overlay Program" in the amount of $303,230.00, be, and the same is hereby, accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents. Section 3. That the form of the contract with APAC - Texas Inc., Buster Paving Division, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with APAC - Texas Inc., Buster Paving Division, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 8th day of July, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney July 7, 2002 LETTER OF AGREEMENT The Honorable Mayor and City Council City of Paris P.O. Box 9037 Paris, Texas 75461-9037 Re: 2002 City Street Overlay Program Dear Sir: APAC - Texas, Inc., Buster Paving Division hereby agrees to provide to the City of Paris, at the unit prices bid, all materials, tools, equipment and labor necessary for the proper completion of the work as specified in accordance with bid form, specifications, list of projects and standard general conditions attached. City of Paris Contractor Michael J. Pfiester, Mayor A'L-~'~-ST: APAC - Texas, Inc., Buster l~aving Division Hatt::[e Cnnn~_nghnm, C:[ty C~erk APPROVED AS TO FOlOl: La~y W. Schenk, City Attorney EXHIBIT JUL 0 2 2o 2 CITY MANAGER pARIS, TEXAS PROJECT: ADVERTISEMENT FOR BIDS 2002 CITY STREET HMAC OVERLAY PROGRAM PROJECT NO. 46.55 PUBLISH PARIS NEWS DATE: JUNE 23, 2002 DATE: JUNE 30, 2002 OWNER: CITY OF PARIS, PARIS, TEXAS Sealed bids for the fumishing, delivery and installation of planing, hauling of salvaged asphaltic materials and the installation of hot mix asphaltic concrete pavement with other appurtenant construction, complete in place, will be received by the City of Paris, Paris, Texas, at the office of City Manager, City Hall, 135 1st SE Street, Paris, Texas 75460, until Tuesday July 2, 2002, at 3:00 P.M., and then publicly opened and read aloud. Contract Documents may be examined at the following place(s) PUBLIC WORKS OFFICE 50 W. Hickory St. P.O. Box 9037 Paris, Texas 75461-9037 Bids must be submitted on the bid form included in the Contract Documents. Bid Security in the form and amount as stated in Instruction to Bidders must be submitted with each bid. All Bids shall remain open for 60 days after the Bid opening. The City of Paris, Paris, Texas, as OWNER, Reserves the right to waive any and all informalities and to reject any and all bids. City of Paris Paris, Texas City Clerk Mattie Curmingham PROJECT IDENTIFICATION: BID FORM 2002 City Street HMAC Overlay Program CONTRACT IDENTIFICATION AND NUMBER: Project No. 46.55 THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council City Hall 135 S.E. 1st Street Pads, Texas 75460 1. The underSigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with CITY in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instmctlons to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged. Date Number (b) BIDDER has familiarized itself 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. (c) BIDDER has given CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to BIDDER. (d) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, finn or corporation and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the work for the following price(s): UNIT PRICE SCHEDULE ESTIMATED NO. ITEM QUANTITY 1. Power operated planing machine with personnel 2. 12 yard dump truck with driver 3. Hot mix asphaltic concrete, type D installed. (TxDOT Item 340) UNIT TOTAL PRICE PRICE 50 houis 225 hours 7800tons $ $/8, 750.00 s fl, $ 7 2. oo x,] /~use words) g/~]~ (figures) BIDDER agrees that the Work will be substantially complete within 30 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment within 31 calendar days after the date when the Contract Time commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. The following documents are attached to and made a condition of this BID: (a) Required Bid Security in the form of 5% bid bond or cashier's check made payable to the City. Communications concerning the Bid shall be addressed to the address of BIDDER indicated below. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON July 2, ,2002. If BIDDER is: An Individual By (Individual's Name) doing business as Business address: (SEAL) Phone Number: A Partne~ __ ~ (Firm Name) (General Partner) Phone Number: /_.LC ¢7gl A Corporation By (Corporation Name) (State of Incorporation) By (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone Number: A Joint Venture By ame) By (Address) .. (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, Richard Drake Construction Company, L.P. as Principal herinafter called the Principal, and Westfield Insurance Company the laws of the State of Ohio whose principal office is in Westfield Center hereinafter called the Surety, are held and firmly bound unto City of Paris corporation created and existing under as Surety, as Obligee hereinal~er called, the Obligee in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars ($ 5% GAB ) for the payment of which sum, well and truly to be made, thc said Principal and the said Surety, bind oarselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for 2002 City Street HMAC Overlay Program - Proiect # 46.55 NOW, THEREFORE, if the Obligce shall accept the bid of the Principal and the PrinciPal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or conWant documents with good and sufficient surety for the faithful performance of such con~ract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof betwcen the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 2~ dayofJuly~ 2002 Richard Drake Co!a~truction Company~ L P ~(SEAL) t~g~, eld Insurance Company Attorney-in-fact GeHerul POWER NO. 4~012 00 P°wer o, or, ey Wes eld Insurance Co =ERTIFIED COPY Westfield Center, Qhio Know All Men by The~e Pre~enz~, That WESTFIELD INSURANC~ coMPANY, a corporation d[~y orgardzed er~ ex~tlng under tho laW~ RZOrl~O ~. ~, ~ ~. ~, ~ C. ~, ~ p. ~, ~ FI~, ~ ~, ~ ~, ~I~Y ~ ~y UM~A~oN: THI~ p~ OF A~OR~ ~T ~ ~ ~ ~E~E NO~ GU~E, ~OAGE DE~OIE~, . Joel to ~ h~ a~xeo T~IS ~ay of ~A.D., ~ WESTFIELD INSURANCE COMPANY mia ~b-~laay o1 ~ A.D.. 2~[~ba~ore me personally came Richard L KJnltah~. Jr., to me known, who. 13e~ng i3y me euly Sta~e ol Oh;o James M. Walke~ Notary laub/i¢ County of M~lina My C~mtssl~ ~ N~ ~m aPOAW2 (03~9) PUBLISH PARIS NEWS DATE: JUNE 23, 2002 DATE: JUNE 30, 2002 PROJECT: ADVERTISEMENT FOR BIDS 2002 CITY STREET HMAC OVERLAY PROGRAM PROJECT NO. 46,55 OWNER: CITY OF PARIS, PARIS, TEXAS Sealed bids for the fumishing, delivery and installation of planing, hauling of salvaged asphaltic materials and the installation of hot mix asphaltic concrete pavement with other appurtenant construction, complete in place, will be received by the City of Paris, Paris, Texas, at the office of City Manager, City Hall, 135 pt SE Street, Paris, Texas 75460, until Tuesday July 2, 2002, at 3:00 P.M., and then publicly opened and read aloud. Contract Documents may be examined at the following place(s) PUBLIC WORKS OFFICE 50W. Hickory St. P.O. Box 9037 Pads, Texas75461-9037 Bids must be submitted on the bid form included in the Contract Documents. Bid Security in the form and amount as stated in Instruction to Bidders must be submitted with each bid. All Bids shall remain open for 60 days after the Bid opening. The City of Pads, Pads, Texas, as OWNER, Reserves the right to waive any and all informalities and to reject any and all bids. City of Paris Pads, Texas City Clerk Mattie Cunningham Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. Aa310 KNOW ALL MEN BY THESE PRESENTS, That we, APAC-TEXAS, INC., BUSTER PAVING DMSION as Principal herinafier called the Principal, and LIBERTY MUTUAL INSURANCE COMPANY a corporation created and existing under the laws ofthe State of MASSACHUSETTS whose principal office is in BOSTON asSurety, hereinafter called the Surety, are held and firmly bound unto CITY OF PAlRS as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars ($ 5% GAB ) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for 2002 CITY STREET HMAC OVERLAY PROGRAM NOW, THEREFOR. E, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or enntract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty heranf between the amoum specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in fall force and effect Signed and sealed this 2nd day of July~ 2002 LIBERTY MUTUAL INSURANCE COMPANY (SEAL) ARomcy-in-fact THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 7 5 4' 1 9 7 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATI'ORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance companY, pursuant to a~dby autho~i~ Of the BY~!aw and Authorize!ion here halter: set forth, does hereby name, constitute and appoint, jERRy A. KIERR, JAMES W. LEEKER, TONY ~iERR0~ii CAGAN MORGAN, RICHARD W. DAIKER. ALL OF THE CITY OF ROCKWALL; STATE OF TEXAS ....... ;;~;;; ........ ;;~;;~ ....... ~;;i;~ ............. ;;i~;;;; ..................................... each individually if there be more than one named its true and iawfu[ att0mey-in-fact tO make, ex~bate~ se~!, aCkh0Wledge and deliver, for and on its behalf as surety and as its act and deed any and all undertakthgs; bonds~ recognizances and other Surety obligations in the penal sum not exceeding -- T~VFNTM. FIVI= MILLII3N AND OO/1OO~;~~ DOLLARS ($ 25,000,000.00'~'~'~*~ ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. El[iott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 19th day of January 2001 . ' LIBERTY MUTUAL ~NSURANCE COMPANY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS On this 19th da~ of January , A.D, 2001 before me, a Notanj Public, personally came the individual, known to me to be the Company who executed the preceding instrument, and he acknowted- ged that he executed preceding instrument is the corporate ;Seal of said company; and that said corporate seal and his and subscribed to the sa d nstrument by authority and direction of the said company. set my hand _a, nd affix~y official se~[ at Plymou~ Meeting, P.,~, the day and year first above written. Notary Public I, ~l Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true copy, is in full force and effect on the date of this certificate; and I~do k~rther certify that the officer who executed the said power of attorney was one of the officers specially authorized by rne chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Comoany. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly sailed and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon e certified copy of any oower of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF. I nave hereunto subscribed my name and affixed the corporate seal of the said company, this~ ~ ~ C~ clay of PROJECT IDENTIFICATION: BID FORM 2002 City Street HMAC Overlay Program CONTRACT IDENTIFICA'i'ION AND NUMBER: Project No. 46.55 THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council city Hall 135 S.E. 1st Street Pads, Texas 75460 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with CITY in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged. Date Number (b) BIDDER has familiadzed itself 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. (c) BIDDER has given CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to BIDDER. (d) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the work for the following price(s): UNIT PRICE SCHEDULE NO. ITEM 1. Power operated planing machine with personnel 2. 12 yard dump truck with driver ESTIMATED UNIT TOTAL QUANTITY PRICE PRICE 50 hours ' $ .~"1 ~ $ ~'~. "l ~ rD 225hours $ ~::~4 oo $ '"I:(.oSC3 oo 3. Hot mix asphaltic concrete, type D installed. (TxDOT Item 340) 7800tons TOTAL BASE BD PRICE "ly40 t-,,,,,a~u:,clb .e "l'v~,,'~-~-~ ~%x:~_L~.($ ~:~O"5:~. (use words) (figures) BIDDER agrees that the Work will be substantially complete within 30 calendar days after the da:, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, ac_,5 completed and ready for final payment within 31 calendar days after the date when the Contract Ti.me commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure rc complete the Work on time. The following documents are attached to and made a condition of this BID: (a) Required Bid Security in the form of 5% bid bond or cashier's check made payable to the Ci~'. Communications concerning the Bid shall be addressed to the address of BIDDER indicated below. The terms used in this Bid which are defined in the General Conditions of the Construction Contrez: included as part of the Contract Documents have the meanings assigned to them in the Gener?-2 Conditions. SUBMITTED ON July 2, ,2002. If BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone Number: A Partnershin By .(SEAL) (Firm Name) (General PartneO Business address: Phone Number: A Corporation By A"~A~.!_--T'~A~, :Die_ (Corporation Name) (Name of Person Authorized to Sign) (Title) Attest(Corporate~Seal) (Secretary) Business address: -'~O BO Y,. 7'"1 ~ Phone Number: A Joint Venture By (Address) By (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)