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1999-066-WEST GALLON ELEVATED WATER STORAGE TANK PAINTING AGREEMENT, N. G. PAINTING INC RESOLUTION NO. 99-066 WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May, 1999, in Resolution No. 99-052, approve the advertisement for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the rehabilitation and painting of the West.5 Million Gallon Elevated Water Storage Tank on 5th Street N.W., which bids were received until 3:00 o'clock p.m., Tuesday, the 8th day of June, 1999; and, WHEREAS, the best bid for such construction was made by N.G. Painting, Inc., of Kerrville, Texas, and it should be awarded the bid for the same; and, WHEREAS, the form of the contract for such construction project, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor Pro Tem, Mary Ann Fisher, should be authorized to execute the same; NOW, THERKFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of N. G. Painting, Inc. for the "Rehabilitation and Painting of West .5 Million Gallon Elevated Water Storage Tank on 5th Street N.W.," Project No. 83100, in the amount of $146,000.00, 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; and, BE IT FURTHER RESOLVED, that the form of the agreement with N. G. Painting, Inc., attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor Pro Tem, Mary Ann Fisher, be, and she is hereby, authorized and directed to execute, on behalf of the City of Paris, the agreement with N. G. Painting, Inc., under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 14th day of June, 1999. 'It Mary An Fisher, Mayor Pro Tem hvL ATTEST: ~~~tl)~...~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~e~:~ Acting City Attorney AGREEMENT TillS AGREEMENT is dated as of the 14th day of June in the year 19 99 by and between City of Paris, Paris, Texas, (hereinafter called OWNER) and N.G. Painting. Inc. (hereinafter called CONTRACTOR). 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: Rehabilitation of windage rods, roof repair, vent, overflow piping, rafter welding, seam sealing, surface preparation and painting interior and exterior of a 0.5 million gallon elevated water storage tank. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Rehabilitation and Painting of one (1) 0.5 million gallon elevated water storage tank. 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 ofthe Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within ~ 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 J1.Q.... 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. I 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 18 EXHIBIT A 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/l 00 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 required by law. 19 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 assumes 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 .2above) 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 ofthe 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 such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 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. 20 Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist ofthe 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...Q!L inclusive). 8.6 Supplementary Conditions (pages.Q,L to...1L., inclusive). 8.7 Specifications bearing the title Rehabilitation and Painting of one (l) 0.5 million gallon elevated storage water tank and consisting of_ divisions and _ pages, as listed in table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered_ through _, inclusive with each sheet bearing the following general title: NONE 8.9 Addenda number none 8.10 CONTRACTOR's Bid (pages L to~, inclusive) marked exhibit 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. 8.13 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than.ihose 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 ofthe General Conditions. 21 -. , Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defmed 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 22 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 . 1999 OWNER CITY OF PARIS CONTRACTOR (type business name) N.G. Paintin~. Inc. BY By Mary Ann Fisher, Mayor Pro Tem (CORPORATE SEAL) (CORPORATE SEAL) Attest fY\d:n-\.~L... Mattie Cunningham City Clerk 4~ Attest Address for giving notices Address for giving notices P.O. Box 9037 311 Mill Run Paris. Texas 75461-9037 Kerrville. TX 78028 License No. Agent for service of process: Approved as to form: s C. Henderson Acting City Attorney 23 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, this undersigned authority, on this day personally appeared Mary Ann Fisher. Mayor Pro Tem 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 ,1999. 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 of , 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 , 1999. Notary Public, State of Texas Printed Name: My commission expires: 24