2000-043-RES LETTING THE BIDS FOR THE CONSTRUCTION OF A
RESOLUTION NO. 2000-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, LETTING THE BIDS FOR THE CONSTRUCTION OF A
PAVILION AT LAKE CROOK PARK; AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR SUCH CONSTRUCTION SERVICES; 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 13th day of
March, 2000. in Resolution No. 2000-024, authorize the advertisement for bids for the
construction ofa pavilion at Lake Crook Park, which bids were received until 3:00 o'clock P.M.,
Tuesday, the 4th day of April, 2000; and,
WHEREAS, the best bid for such construction was made by Robert Skinner Concrete
Contractors of Paris, Texas, in the amount of $29,196.00, and said contractor should be awarded
the bid for the same; and,
WHEREAS, Tenaska has committed to jointly fund the construction of said pavilion in
the amount of $20,000.00, which funds will be given to the City after completion of the project,
with the City of Paris funding being made available from current funds by the City of Paris; and,
WHEREAS, the form of the agreement for such construction project, attached hereto as
Exhibit A, should, in all things, be approved, and the City Manager 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 Robert Skinner Concrete Contractors of Paris, Texas, for the
"Lake Crook Park/Tenaska Pavilion Project," in the amount of $29,196.00, 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 Robert Skinner Concrete Contractors,
attached hereto as Exhibit A, be and the same is hereby approved.
Section 4, That the City Manager be and he is hereby authorized and directed to execute,
on behalf of the City of Paris, the Agreement with Robert Skinner Concrete Contractors, 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 10th day of April, 2000.
Charles H. Neeley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
AGREEMENT
THIS AGREEMENT is dated as of the ...lill;Jday OfAnril in the year 20 00 by and between City of
Paris, Paris, Texas, (hereinafter called OWNER) and Robert Skinner Concrete Contractors (hereinafter
called CONTRACTOR).
OWNER and CONTRACTOR, in consideration ofthe mutual covenants hereinafter set forth, agree as
follows:
Article I. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows: 40' X 80' all steel pavilion with concrete slab, 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: Lake Crook ParklTenaska Pavilion, City of Paris, Paris, Texas.
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 Ai.. 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..QlL 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 sutTer 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 sutTered by OWNER ifthe 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
fifty and No/IOO 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
fiftv and No/I 00 dollars ($ 50.00 ) for each day that expires after the time specified in
paragraph 3.1 for completion and readiness for fmal payment.
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t;XHIBIT A
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.
Ten percent (10%) of materials and equipment not incorporated in the Work (but delivered, suitably stored
and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General
Conditions).
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 may withhold, in accordance with paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon fmal completion and acceptance of the Work in accordance with paragraph
14.\3 of General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said paragraph 14.13.
5.3 If the total amount of bid is less than $100,000, Contractor shall have the option of whether or not to
provide performance and payment bonds.
Ifbonds are not provided, then payment will be made only at the successful conclusion of the
project. NO PARTIAL PAYMENTS WILL BE MADE.
If bonds are provided, partial payments will be made not more frequently than once per month
based on the progress of the work.
Article 6. INTEREST
No interest will be paid to the CONTRACTOR on retained money unless required by law.
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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 ofthe 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 7.2 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 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.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
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8.1 This Agreement (pages _ to _, inclusive).
8.2 Exhibits to this Agreement (pages
to _' inclusive.)
8.3 Performance and other Bonds, identified as exhibits
pages.
and consisting of
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 Lake Crook ParklTenaska Pavilion 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: Lake Crook ParklTenaska Pavilion.
8.9 Addenda numbers _ to _, inclusive.
8.10 CONTRACTOR's Bid (pages _ to _. inclusive) marked exhibit
8.11 Documentation submitted by CONTRACTOR prior to Notice of A ward (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 those listed above in this Article 8. The Contract Documents
may only be amended. modified or supplemenled as provided in paragraphs 3.4 and 3.5 ofthe General
Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Articlel 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
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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 WIlNESS 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
2000.
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OWNER CITY OF PARIS
CONTRACTOR (type business name)
BY
Charles H. Neeley, Mayor
By
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Attest
Mattie Cunningham
City Clerk
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:
Larry W. Schenk, City Attorney
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STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, this undersigned authority, on this day personally appeared Charles H. Neelev ,
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 10th day of
April
, 20.J!!L.
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 be to be the person(s) whose name 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
,20_.
Notary Public, State of Texas
Printed Name:
My commission expires:
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