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2000-102-RES AWARDING THE BID AND AUTHORIZING THE RESOLUTION NO. 2000-102 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 CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS FOR EASTGATE SUBDIVISION THROUGH THE HOUSING INFRASTRUCTURE FUND PROGRAM GRANT NO. TCDP 719068; 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 12th day of June, 2000, in Resolution No. 2000-077, approve the advertisement for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the "Eastgate Subdivision, TDHCA #719068, Water and Sewer Improvement" Project, which bids were received until 3:00 o'clock p.m.; Friday, the 30th day of June, 2000; and, WHEREAS, the best bid for such construction was made by Harrison Walker and Harper of Paris, Texas, and it should be awarded the bid for the same; and, WHEREAS, the form of the agreement for such construction 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 of Harrison Walker and Harper for the "Eastgate Subdivision, TDHCA #719068, Water and Sewer Improvement" Project, in the amount of $168, 141.00, 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 agreement with Harrison Walker and Harper, 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 agreement with Harrison Walker and Harper, 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 13th day of July, 2000. ATTEST: ~ ~.~1.'" ~~ .......~__h~~~ Mattie Cunningham, City Clerk 4.0 AGREEMENT FORM TInS AGREEMENT is by and between' City of Paris 1501" Street SE, Paris, Texas 75460 (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in eonsideration of the mutual eovenants hereinafter sel forth, agree as follows: ARTICLE I - WORK 1.0 I CONTRACTOR shall eomplete all Work as specified or indicated in the Conlract Documents. The Work is generally described as follows: ARTICLE 2 - THE PROJECT 2,01 The Project for which lhe Work under lhe Contrael Doeuments may be the whole or only a part is generally described as follows: ... --- ARTICLE 3 - ENGINEER 3.0 I The projeel has been designed by : C.T. Patterson m. P.E. Patterson Enl!ineerinl! 700 South Kinl!s Hwv.. Texarkana, Texas 75501 (903)832-0330 who is hereinafter called ENGINEER and who is to act as OWNER's ,ep,esentative, assume all duties and responsibilities, and have the rights and authority assigned to ENGfNEER in the Contract Documents in eonneetion with the completion of lhe Work in aceo,danee wilh the Contract Documents. ~XHIB1T A ~ ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A, All time limits for Mileslones. ifany. Substantial Completion, and eompletion and ,eadiness for final payment as staled in the Contract Documenls are of the essenee of the Contrael. 4,02 Dotes for Substantial Completion and Final Payment ( )Yes or ( )No A. The Work will be substanlially completed on or befo,e " and eompleted and ready for final payment in accordanee with paragraph 14,07 of the Gene,al Conditions on or before 4.03 Days to Achieve Substantial Completion and Final Payment (X)Yesor( )No A, The Work will be substanlially eomp1eted within 120 days after the date when lhe Contrael Times co=ence to run as p,ovided in paragraph 2,03 of the General Condilions, and eompleted and ready for fmal payment in aeeordance with paragraph 14.07 of the General Condilions within 120 days after the date when lhe Contract Times commence to run. 4.04 Liquidated Damages A. CONTRACTOR and OWNER recognize thai lime is oflhe essence Oflhis Agreemenl and lhat OWNER will suffer finaneialloss if the Work is not eompleted within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in aeco,dance with Article 12 of the General Conditions. The parties also recognize lhe delays, expense. and difficulties involved in proving in a legal or arbitralion proeeeding the actual loss suffered by OWNER iflhe Work is not completed on lime. Aceo,dingly, inslead of requiring any such proof, OWNER and CONTRACTOR shall pay OWNER $ 100 for eaeh day that expires after the time specified in paragraph 4.02 for Substantial Completion untillhe Wo,k is substanlially complete. After Substantial Complelion, if CONTRACTOR shall neglect, refuse, or fail to complete the remt.ining Work within the Contraet Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 100 for each day that expires after the time specified in paragraph 4.02 for eompletion and readiness fo, final payment until the Work is eompleted and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5,0 I OWNER shall pay CONTRACTOR for eompletion oflhe Work in aceordanee with lhe Conlract Documents an amount in eurrent funds equal to lhe sum of the amount determined pursuant 10 paragraphs 5.0I.A, 5,0I.B, and 5.01.C below: ( )Yes 0' ( X)No A. For all Work other lhan Unil Price Work, a Lump Sum of: $ ( use words) (figu,e) All specified eash allowances are in eluded in the above priee and have been computed in aeeordanee with paragraph 11.02 of the General Conditions, (X)Yesor( )No B. For all Unit Price Work, at the actual quantilies eonslrueted and aceepted at the unit priees bid in the Bid Proposa I 2 TOTAL OF ALL UNIT PRICES BID $ (dollars) SUBJECT TO ACTUAL QUANTITIES CONSTRUCTED, ( use words) As provided in paragraph 11.03 of the General Conditions, estimated quanlities a,e not guaranteed, and determinalions of actual quantities and classifications are to be made by ENGINEER as p,ovided in paragraph 9.08 of the General Conditions, Unit prices have been computed as p,ovided in pa,agraph 11.03 of the General Condilions, (X )Yes or ( )No C. For all Work, at lhe prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applieations for Payment in aeeordance with Article 14 of the General Conditions. Applieations for Payment will be processed by ENGINEER as provided in lhe General Condilions. 6,02 Progress Payments; Retoinage A. OWNER shall make progress pa}ments on aceount oflhe Contraet Priee on the basis of CONTRACTOR's Applications for Payment on or about the 15 day of each month during performance oflhe Work as provided in paragraphs 6.02.A.I and 6.02.A.2 below. All such payments will be measured by lhe schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units eompleted) or, in the event tbe,e is no sehedule of values, as provided in the General Requirements: 1. Prior 10 Substantial Complelion. progress payments will be made in an amount equal 10 lhe pereentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER m'l:;" determine or OWNER may withhold, in accordance with paragraph 14.02 of the Gene,al Conditions: a. 90 % of Work eompleted (with the balanee being retainage). Iflhe Work has been 50% eompleted as delennined by ENGINEER. and if the eharacter and progress of the Work have been satisfaetory to OWNER and ENGINEER. OWNER. on recommendation of ENGINEER. may determine that as long as the charaete, and progress of the Work remain satisfaetory 10 them, lhere will be no retainage on aceount ofWo,k subsequently eompleted, in whieh ease lhe remaining p,ogress payments prior 10 Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments p,eviously made; and being retainage). b. 90 % ofeost of materials and equipment nol ineorporated in lhe Work (with the balanee 2, Upon Substantial Completion, OWNER shall pay an amount suffieient to increase total payments 10 CONTRACTOR to 95 % of the Work eompleted, less such amounts as ENGINEER shall determine in aeeordanee with paragraph 14.02.B.5 of the General Conditions and less 100 % of ENGINEER's estimate of the value of Work to be eompleted or eorrecled as shown on the tentative Iisl of items to be completed or eorreeted attaehed to the eertifieate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in aecordance with paragraph 14,07 of the General Conditions, OWNER shall pay lhe remainde, of the Contraet Price as ,eeommended by ENGINEER as provided in said paragraph 14.07. , ARTICLE 7 - INTEREST 7,01 All mo~eys not paid when due as provided in Article 14 of the General Conditions shall bear interesl at the rate of 8 '% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8,0 I In order to induce OWNER to ente, into lhis Agreement CONTRACTOR makes the following represenlations: A, CONTRACTOR has examined and earefully studied the Contract Documents and lhe other related data identified in lhe Bidding Documents. B. CONTRACTOR has visited the Site and become familiar wilh and is satisfied as 10 lhe general, local, and Site eonditions that may affecl eosl, progress, and perfonnanee oflhe Work. C. CONTRACTOR is familiar with and is salisfied as to all federal, state, and local Laws and Regulalions that may affect cost, progress, and perfonnanee of the Work, D. CONTRACTOR has carefully studied all: (1) (X)Yes or ( )No - reports of explorations and tests of subsurfaee eonditions at or eontiguous 10 the Site and all drawings of physical conditions in or relaling 10 exisling surface or subsurfaee struetures at or conliguous 10 lhe Sile (exeept Underground Facilities) whieh have been identified in lhe Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) (X )Yes or ( )No - reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of lhe General Conditions. E. CONTRACTOR has obtained and earefully studied (or assumes responsibility for having done so) all addilional or supplementary examinations, investigalions, explorations, lests, studies, and data eoneerning conditions (suoface, subsurfaee. and Underground Faeililies) at or eontiguous 10 lhe Sile whieh may affeet eosl, progress, or perfonnanee of the Work or which ,elate to any aspect oflhe means, methods, lechniques, sequences, and procedures of eonstruction to be employed by CONTRACTOR, including applying the specific means, methods, leehniques, sequenees, and procedures of eonstruction, if any, expressly required by the Contraet Documents to be employed by CONTRACTOR, and safely precautions and programs incidentlhereto. = F, CONTRACTOR does not consider lhat any further examinations, investigations, explorations, lests, studies, or data are neeessary for lhe perfonnanee of the Work at the Contrael Priee, within the Contrael Times, and in aceordanee with lhe other tenns and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature ofwo,k 10 be perfonned by OWNER and the olhers at lhe Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has eorrelated lhe infonnation known to CONTRACTOR, infonnation and observations obtained from visits 10 the Site, reports and drawings idenlified in lhe Contraet Documents, and all addilional examinations. investigations, explorations, tests, studies, and data with lhe Contrael Documenls, L CONTRACTOR has given ENGINEER written notiee of all confliels, errors, ambiguities, of discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contraet Documents are generally sufficient to indicate and eonvey understanding of alltenns and eonditions for perfonnanee and furnishing of the Work, 4 ARTICLE9-CONTRACTDOCUMENTS 9.0 I Contents A. The Contract Documents eonsist of the following: 1. This Agreement (pages I to , inclusive); 2. Perfonnanee Bond (pages _ to _' inclusive); 3. Payment Bond (pages _ 10 _, inclusive); 4. Other Bonds (pages _ to _ , inclusive); a. (pages _ 10 _, inclusive); b. (pages _ 10 _' inclusive); e. (pages _ 10 _' inclusive); 5. General Conditions (pages _ to _' inclusive); 6. Supplementary Conditions (pages _ to _' inclusive); 7. Specifieations as listed in the table of contents of the Project Manual; 8. Drawings eonsisling of a cover sheel and sheels numbered _ through _' inclusive, with each sheet bearing the following general title: ... 9. Addenda (numbers _ to _ , inclusive); 10. Exhibits 10 this Agreement (enumerated as follows): a. Notice to Proceed (pages _ 10 _' inclusive); b, CONTRACTOR's Bid (pages _ to _' inclusive); e. Documentation submitted by CONTRACTOR prior 10 Notice of Award (pages _ to _, inclusive); d. II. The following whieh may be delivered or issued on or alter lhe Effeetive Dale of the Agreement and are not attaehed herelo: . a. Written Amendments; b, Work Change Direelives; e. Change Orde,(s). , B. The documents Iisled in paragraph 9.01.A are attaehed to this Agreement (elieept as expressly noted otherwise above). C. There are no Contraet Documents other than lhose listed above in this Article 9. D. The Cont,aet Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 oflhe Gene,al Conditions. ARTICLEI0-~rrsCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment o/Contract A. No assignment by a party he,eto of any rights under or interests in the Contract will be blndlng on another party hereto without the "fitten eonsent oflhe party sought to be bound; and. speeifically but withoullimitalion, moneys thai may beeome due and moneys that are due may not be assigned wilhout such consent (except to the extenl that the effect oflhis restriction may be limited by law), and unless speeifically stated to the contrary in any "fitten eonsent to an assignment, no assignment will release or diseharge the assignor from any duty or responsibility under the Contract Documents. 10,03 Successors and Assigns A, OWNER and CONTRACTOR each binds itself, its partners, successo,s, assigns, and legal representatives 10 the other party hereto, its partners, successors. assigns, and legal representatives in respeet to all eonvenants, agreements, and obligations eontained in the Contraet Documents, IO,,Q4 Severability A, Any provision or part of the Contract Documents held 10 be void or unenforeeable unde, any Law or Regulation shall be deemed stricken, and all remaining p,ovisions shall eontlnue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Cont,aet Documents shall be reformed to replaee sueh stricken provision 0' part lhereofwith a valid and enforeeable p,ovision that eomes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions ()Yes 0' ( )No ~ IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed lhis Agreement in duplieate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contraet Documents have been signed 0' identified ,by OWNER and CONTRACTOR or on their behalf. This Agreement will be effeelive on (whieh is the Effective Date of the Agreement). OWNER: CONTRACTOR: By: By: (CORPORATE SEAL] (CORPORATE SEAL] Attesl Attest Address for giving notices: Address for giving notices: (If OWNER is a eorpo,ation, attaeh evidence of authority 10 sign. If OWNER is a public body, attach License No. evidence of authority 10 sign and resolution or other (Whe,e applicable) documents authorizing execution of OWNER- CONTRACTOR Agreement.) Agent for service ofp,ocess: ... ([fCONTRACTOR is a eorporation or a partnership, attach evidence of authority to sign.) Designated Rep,esentative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: 7