2000-103-RES AWARDING THE BID AND AUTHORIZING THE
RESOLUTION NO. 2000-103
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 STREET
PAVING AND DRAINAGE 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, Street Paving and Drainage 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 Hilliard & Sons 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 Hilliard & Sons for the "Eastgate Subdivision, TDHCA
#719068, Street Paving and Drainage Improvement" Project, in the amount of$360, 724.00, 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 Hilliard & Sons, 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 Hilliard & Sons, 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:
,
Mattie Cunningham, City Clerk
4.0
AGREEMENT FORM
THIS AGREEMENT is by and between.
City of Paris
150 i" Street SE. Paris. Texas 75460
(hereinafter ealled OWNER)
and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter sel forth, agree as follows:
ARTICLE 1 - WORK
1.0 I CONTRACTOR shall complete all Work as speeified or indieated in lhe Contract Doeuments. The Work is
generally described as follows:
ARTICLE 2 - THE PROJECT
2,01 The Projeel fo, which the Work under the Contract 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!ineennl!
700 South Kinl!s Hwv.. Texarkan3., Texas 75501 (903)832-0330
who is hereinafter ealled ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities,
and have the rights and authority assigned to ENGfNEER in the Contract Documents in connection with lhe completion of
the Wo,k in aeeordanee with the Contract Documents,
~XHIB1T A ~
ARTICLE 4 . CONTRACT TIMES
4,01 Time of the Essence
A. All time limits for Mileslones, ifany. Subslantial Completion, and eompletion and readiness for final payment
as stated in the Contract Documenls are of the essenee of the Contract.
4.02
Dotes for Substantial Completion and Final Payment
( )Yes or ( )No
A. The Wo,k will be substantially compleled on or before " and
eompleted and ready for final payment in accordanee with paragraph 14.07 oflhe General Conditions on or before
4.03
Days to Achieve Substantial Completion and Final Payment
(X )Yes or ( )No
A. The Work will be subslantially eompleted within 120 days after the date ,.hen lhe Contrael Times
eom.mence to run as p,ovided in paragraph 2.03 of the General Conditions, and eompleted and ready for final paymenl
in aeeordance with paragraph 14,07 of the General Conditions within 120 days after the date when lhe Contract
Times eommenee 10 run.
4.04 Liquidated Damages
A, CONTRACTOR and OWNER recognize thai time is oflhe essenee oflhis Agreemenl and lhat OWNER will
suffer tinancial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any exlensions
thereofallowed in accordanee with Article 12 of the General Conditions. The parties also recognize the delays, expense,
and difficulties involved in proving in a legal 0' arbitration proceeding the aetualloss suffered by OWNER iflhe Work is
not eompleted on lime, Accordingly, inslead of requiring any such proof, OWNER and CONTRACTOR shall pay OWNER
$ 100 fa, each clay that expires after the lime specified in paragraph 4.02 for Substantial Completion until the Work
is substantially eomp1ele, After Substantial Complelion, if CONTRACTOR shall negleet, refuse, or fail 10 eomplete lhe
remo.ining Wo,k within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER $ 100 for each day lhat expires after lhe lime specified in paragraph 4.02 for eompletion and readiness
for tinal payment until the Work is eompleted and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
':.
5.01 OWNER shall pay CONTRACTOR for eomplelion of the Wo,k in aeeorclanee wilh the Cont,act DocumenlS an
amount in eurrent funds equal to lhe sum oflhe amount delermined pursuant 10 paragraphs 5.0 I.A, 5,0 I.B, and 5.0 I,C
below:
( )Yes or ( X)No
A. For all Work other lhan Unit Priee Work, a Lump Sum of:
$
( use words)
(figure)
All specified cash allowanees are included in the above price and have been computed in aeeordanee with
paragraph 11.02 of the General Condilions,
(X)Yesor( )No
B. For all Unit Priee Wo,k, at lhe actual quantities eonslrueted and aceepted at the unit priees bid in the Bid
Proposal
2
TOTAL OF ALL UNIT PRICES BID
$
(use words)
(dollars)
SUBJECT TO ACTUAL QUANTITIES CONSTRUCTED,
As provided in paragraph 11.03 ofthe General Conditions, estimated quantities a,e not guaranteed, and
determinations of actual quanlities and classifications are 10 be made by ENGINEER as p,ovided in paragraph 9.08 of the
General Conditions. Unit priees have been eompuled as provided in paragraph 11.03 of the General Condilions.
(X)Yesor( )No
C. For all Work, allhe 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 aeeordanee with Article 14 of the General
Conditions. Appliealions for Payment will be processed by ENGINEER as provided in the General Condilions,
6,02 Progress Payments; Retoinoge
A, OWNER shall make progress payments on aceount of the Contraet Price on the basis of CONTRACTOR's
Applieations fo, Payment on or about the 15 day of each month during pe,formance of the Work as provided in
paragraphs 6.02.A.I and 6.02.A.2 below. All such payments will be measured by the sehedule of values eslablished in
paragraph 2.07.A oflhe General Conditions (and in the ease of Unit Price Work based on the number of units completed)
or, in lhe evenllhere is no sehedule of values, as provided in the General Requirements:
I. Prior 10 Substantial Complelion, progress paymenls will be made in an amount equal 10 lhe pereentage
indieated below but, in each ease, less the aggregate of payments previously made and less such amounts as ENGINEER
m'C( determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Condilions:
a. 90 % of Work completed (with the balance being retainage). [fthe Work has been 50%
eompleted as determined 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 eharaeler and p,ogress
oflhe Wo,k remain satisfactory to them, lhere will be no retainage on aeeount of Work subsequently completed, in which
ease lhe ,emaining progress payments prior to Substantial Complelion will be in an amount equal to 100% oflhe Wo,k
eompleted less the aggregate of payments p,eviously made; and
b, 90 % ofeost of materials and equipmenl not incorporated in lhe Work (with lhe balanee
being retain age).
2. Upon Substanlial Completion, OWNER shall pay an amount sufficient to increase total payments 10
CONTRACTOR to 95 % of the Wo,k eompleted, less such amounts as ENGINEER shall determine in accordanee
with paragraph 14.02,8.5 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 lentative Iisl of items 10 be eompleted or eorreeted attached 10 lhe eertifieate of
Substantial Completion.
6.03 Final Payment
A, Upon final eompletion and aeeeptance of the Work in aeeordanee with paragraph 14,07 of the General
Condilions, OWNER shall pay the remainde, of the Conlraet Price as recommended by ENGINEER as provided in said
paragraph 14.07.
3
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 oflhe 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 enter inlo this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and ea,efully studied the Contraet Doeuments and the other relaled data
identified in lhe Bidding Documents.
B. CONTRACTOR has visited the Sile and become familiar wilh and is satisfied as 10 lhe general, local, and Site
eonditions thai may affeel eost, progress, and performance of lhe Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and Jocal Laws and Regulations that
may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (I) (X)Yes or ( )No - reports of explorations and tests of
subsurfaee conditions at or eonliguous to the Site and all drawings of physical eonditions in or relaling to existing surface or
subsurface structures al or eontiguous to the Sile (exeepl Underground Faeilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 oflhe General Conditions and (2) (X )Yes or ( )No - reports
and drawings of a Hazardous Environmental Condition, if any, at the Site whieh has been identified in the Supplementary
Conditions as provided in paragraph 4,06 of the General Conditions,
E, CONTRACTOR has obtained and earefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, invesligalions, explo,ations, lests, studies, and data eoncerning eonditions
(sw;faee, subsurfaee, and Underground Faeilities) at or eontiguous to the Site which may affeet eost. progress. or
perfonnance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
eonstruction to be employed by CONTRACTOR, including applying the specifie means, methods, teehniques, sequences,
and procedures of construction, if any, expressly required by the Contract Documents 10 be employed by CONTRACTOR,
and safely p,ecautions and programs incident thereto.
=
F, CONTRACTOR does not eonsider that any further examinalions, investigalions, explorations, lesls, studies, or
data are neeessary for lhe performance oflhe Work at the Contrael Price, within the Contract Times, and in aceordanee
with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work 10 be performed by OWNER and the others at the Site
lhal relates 10 the Work as indieated in lhe Contract Documents,
H. CONTRACTOR has eorrelaled the informalion known to CONTRACTOR, information and observations
obtained from visits to the Site. reports and drawings idenlified in lhe Cont,act Documents, and all additional examinations.
investigations, explorations, tests, studies, and data with the Contract Documents.
l. CONTRACTOR has given ENGINEER written notice of all eonfliets, errors, ambiguities, of discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution lhereofby ENGINEER is aeeeptable
10 CONTRACTOR..
J. The Contract Doeuments are generally sufficient [0 indieate and convey unde,standing of all terms and
eondilions for performanee and furnishing oflhe Work.
4
ARTICLE 9 - CONTRACT DOCUMENTS
9.0 I Conten/s
A. The Contract Documents consist of the following:
1. This Agreement (pages I to
, inclusive);
2. Performance Bond (pages _ to _, inclusive);
3. Payment Bond (pages _ to _ , inclusive);
4. Other Bonds (pages _ to _, inclusive);
a.
(pages _ to _, inclusive);
b.
(pages _ to _, inclusive);
c.
(pages _ to _, inclusive);
5. General Conditions (pages _ to _, inclusive);
6. Supplementary Conditions (pages _ to _ , inclusive);
7. Specifications as listed in the table of contents of the Project Manual;
8. Drawings consisting of a cover sheet and sheets numbered _ through _, inclusive, with each
sheet bearing the following general title:
...
9. Addenda (numbers _ to _ , inclusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (pages _ to _, inclusive);
b. CONTRACTOR's Bid (pages _ to _ , inclusive);
c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _'
inclusive);
d.
II. The following which may be delivered or issued on or after the Effective Date of the Agreement and
are not attached hereto: .
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
<
B. The documents listed in paragraph 9.0 I.A are attached to this Agreement (except as expressly nNed
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05
of the General Conditions.
ARTICLE 10 - Jl.USCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Genera} Conditions.
10.02 Assignment o/Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another
party hereto without the written consent of the party sought to be bound; 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 effect
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.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all convenants, agreements,
and obligations contained in the Contract Documents.
10..g4 Severobility
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
10.05 Other Provisions ()Yes or ( )No
<
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
By: By:
[CORPORATE SEAL] [CORPORATE SEAL]
Attest Attest
Address for giving notices: Address for giving notices:
(If OWNER is a corporation, attach evidence of
authority to sign. jfOWNER is a public body, attach License No.
evidence of authority to sign and resolution or other (Where applicable)
documents authorizing execution of OWNER-
CONTRACTOR Agreement.) Agent for service of process:
...
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative:
Designated Representative:
Name:
Name:
Title:
Title:
Address:
Address:
Phone:
Phone:
Facsimile:
Facsimile:
7