1999-014-PARADISE ESTATES PRO RATA WATER MAIN EXTENSION PROJECT, RES 99-004
RESOLUTION NO. 99-014
WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of
January, 1999, in Resolution No. 99-004, approve the advertisement for bids for furnishing plant,
labor, materials, and equipment, and for performing all work required for the "Paradise Estates
Pro Rata Water Main Extension Project," which bids were received until 3:00 o'clock p.m.,
Tuesday, the 2nd day of February, 1999; and,
WHEREAS, the best bid for such construction was made by William Heuberger
Construction of Paris, Texas, and it should be awarded the bid for the same; and,
WHEREAS, the form of the Contract and Addendum No. I to said Contract for such
construction project, attached hereto as Exhibits A and B, respectively, should, in all things, be
approved, and the Mayor, Charles H. Neeley, should be authorized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid
of William Heuberger Construction for the "Paradise Estates Pro Rata Water Main Extension
Project" in the amount of $111,144.50, 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;
and,
BE IT FURTHER RESOLVED, that the forms of the Contract and Addendum No. I to
said Contract with Heuberger Construction, attached hereto as Exhibits A and B, respectively,
be, and the same are hereby, approved; and,
BE IT FURTHER RESOLVED, that the Mayor, Charles H. Neeley, be, and he is
hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with
Heuberger Construction, under the terms and conditions and in the forms shown in Exhibits A and
B, attached hereto.
PASSED AND ADOPTED this 8th day of February 1999.
,
/~ -1/
Charles H. Neeley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
~t&ttR~
Scott P. Foster, City Attorney
~, "..
AGREEMENT
THIS AGREEMENT is dated as of the ~ day of February
19 99 by and between City of' Paris, Paris, Texas,
called OWNER) and William HeuberJ!;er Construction
called CONTRACTOR) .
in the year
(hereinafter
(hereinafter
OWNER 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 is.generally described as follows:
approximately 3475 L.F. 8" PVC, AWWA C-900, DR 18 waterrnain, 7185
L.F. 6" PVC, AWWA C-900, DR18 waterrnain, 6 fire hydrant assemblies,
14 each long side customer services and 17 each short side customer
services with other appurtenant construction, complete in place.
The Project for which the Work under the Contract Documents may be
the whole or only a part is generally described as follows:
PARADISE ESTATES - PRO-RATA WATERMAIN EXTENSION.
Article 2. ENGINEER.
The Project has been designed by City Engineer, City of Paris,
Paris, Texas, or his authorized representative, who is hereinafter
call ENGINEER and who is to act as OWNER'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 within 120 days
from 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 in accordance with paragraph 14.13 of General
Conditions within 150 days from the date when the Contract Time
commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time
is of the essence of this Agreement and that OWNER will suffer
financial loss if the Work is not completed within the times
specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of 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 OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER One hundred
19
t~HIBIT A
.,
(but not as a penalty) CONTRACTOR shall pay OWNER One hundred
fifty and No/100 dollars $ 150.00 )
for each day that expires after the time specified in paragraph 3.1
for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the
Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER fifty and No/100
dollars ($ 50.00 ) for each day that expires after the
time specified in paragraph 3.1 for completion and readiness for
final payment.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment
will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments, OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment as recommended by ENGINEER, on or about
the last .day of each month during construction as provided below.
All Progress payments will be on the basis of the progress of the
Work measured by the schedule of values established in paragraph
2.9 of the General Conditions (and in the case of Unit Price Work
based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be
made in an amount equal to the percentage indicated below, but, in
each case, less the aggregate of payments previously made and less
such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions.
Ten Percent (10%) of Work Completed.
5.1.2 Upon Substantial Completion, in an amount sufficient to
increase total payments to CONTRACTOR to ninety-five percent (95%)
of the Contract Price, less such amounts as ENGINEER shall
determine; or OWNER maywithhold, in accordance with paragraph 14.7
of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the
Work in accordance with paragraph 14.13 of General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended
by ENGINEER as provided in said paragraph 14.13.
,
Article 6. INTEREST
No interest will be paid to the CONTRACTOR on retained money unless
20
-,
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR
makes the following representations:
7.1 CONTRACTOR 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.
7.2 CONTRACTOR has studied carefully all reports of explorations
and tests of subsurface conditions and drawings of physical
conditions which are identified in the Supplementary Conditions as
provided in paragraph 4.2 of the General Conditions, and accepts
the determination set forth in paragraph SC-4. 2 of the
Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is
entitled to reply.
7.3 CONTRACTOR has obtained and carefully studied (or ass u m e s
responsibility for obtaining and carefully studying) all such
examinations, investigations, explorations, tests, reports and
studies (in additions to or to supplement those referred to in
paragraph 7.2 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 at the
Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 4.2 of the General
Conditions and no additional examinations, investigations,.
explorations, tests, reports, studies or similar information or
data are or will be required by CONTRACTOR for such purposes.
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 said
Underground Facilities. 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 Contract Documents, including
specifically the provisions of paragraph 4.3 of the General
Conditions.
7.5 CONTRACTOR has correlated the results of all
observations, examinations, investigations, explora~ions,
reports and studies with the terms and conditions
of the Contract Documents.
such
tests,
,
.'
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts,
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7.5 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.
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 (pages 1 to 1, inclusive).
8.2 Exhibits to this Agreement (pages
inclusive. )
to
8.3 Performance and other Bonds, identified as exhibits
and consisting of pages.
8.4 Notice of Award.
8.5 General Conditions (pages ____ to ____ inclusive).
8.6 Supplementary Conditions (pages to
inclusive) .
8.7
Specifications bearing the title PARADISE
WATERMAIN EXTENSION and consisting of
pages, as listed in table of contents
ESTATES - PRO-RATA
divisions and
thereof.
8.8
Drawings, consisting of
through
the following general
WATERMAXN EXTENSXON.
a cover sheet and sheets numbered
, inclusive with each sneet bearing
title: PARADXSE ESTATES - PRO-RATA
8.9 Addenda numbers
to
, inclusive.
8.10 CONTRACTOR's Bid (pages
marked exhibit
to
, inclusive)
8.11 Documentation submitted by CONTRACTOR prior to Notice
of Award (pages to , inclusive).
8.12 The following which may be delivered or issued after
the Effective Date of the Agreement and are not attached
hereto: All written Amendments and other documents
amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.4 and 3.5 of the
General Conditions.
-
22
attached to this Agreement (except as expressly noted
.. otherwise above) .
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 paragraphs 3.4 and 3.5 of
the General Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article
1 of the General Conditions will have the meanings
indicated in the General Conditions.
9.2 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 bond; and specifically but without
limitation moneys that may become due and moneys that are
due may not be assigned without such consent (except to
the extent that the affect 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.
9.3 OWNER and CONTRACTOR each binds itself, its partners,
successor, assigns and legal representative to the
other party hereto, its partners, successors, assigns
and legal representatives in respect of all covenants,
agreements and obligations contained in the Contract
Documents.
Article 10. OTHER PROVISIONS.
NONE
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement
in triplicate. One counterpart each has been delivered to OWNER,
CONTRACTOR and ENGINEER. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or by
ENGINEER on their behalf.
This Agreement will be effective on
February 8
1999
. OWNER CITY'OF PARIS
CONTRACTOR (type business name)
WILLIAM HEUBERGER CONSTRUCTION
BY
By
Charles Neeley, Mayor
William Heuberger
23
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
. Mattie Cunningham
City Clerk
Attest
Address for giving notices
Address for giving notices
P.O. Box 9037
Paris. Texas 75461-9037
License No.
Agent for service of process:
Approved as to form:
Scott Foster, City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, this undersigned authority, on this day personally
appeared Charles Nee1ev , Mayor of the City of Paris, known to be
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
Februarv
, 19....2L.
24
Notary Public, State of Texas
Printed Name:
My commission expires:
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally
appeared Wi11iam Heuberl'(er , n""'...... ." -._,." ..' ..
of. Wi11iam Heuberger Construction ,known to me to be the person(s)
whose name(s) is/are subscribed to the foregoing instrument, and
acknowledged to me that he/she/they 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
February , 19~.
Notary Public, State of Texas
Printed Name:
My commission expires:
.'
"
25
ADDENDUM #1
PJ\RJ\DISE ESTATES Wl\TERMNN EXTENSION
CONTRi\CT IDENTIFICl\TION AND NUMBER 83.61
JANUARY 26, 1999
The following revisions shall be made to the CONTRACT DOCUMENTS:
Delete BID ITEM #6 - 8" valve w/box
lEACH
AM BID ITEM #6 - 8" valve w/box
2 El\CH
Delete BID ITEM #7 - 6" FITTINGS (various bends,
retainer glands, etc.)
8 EACH
Add BID ITEM #7 - 6" FITTINGS (various bends,
retainer glands, etc.)
9 EACH
Delete BID ITEM #8 - 8" FITTINGS (various bends,
retainer glands, etc.)
5 EACH.
AM BID ITEM #8 - 8" FITTINGS (various bends,
retainer glands, etc.)
8 El\CH
TECHNICAL SPECIFICATIONS DIVISION I
Add l\t end of paragraph 1.1 (d) Payment for various fittings shall include
retainer glands as may be called for on the drawings. Payment for fittings
will be made at the unit price bid, per size, for each fitting.
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Earl E. Smith, P.E.
City Engineer
t:XHIBIT 8