2001-176-RES AWARDING BID/AUTHORIZING EXECUTION OF CONTRACT FOR REPAIR OF GATEWAY PROJECT ENTRY SIGN
RESOLUTION NO. 2001-176
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 REPAIR OF THE GATEWAY
PROJECT ENTRY SIGN AT THE SOUTH ENTRANCE TO PARIS;
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 4th day of
October, 2001, in Resolution No. 2001-175, approve the advertisement for bids for furnishing
labor, materials, and equipment, and for performing all work required for the "Gateway Project
Entry Sign Repair Project," which bids were received until 3:00 o'clock P.M., Tuesday, the 6th
day of November, 2001; and,
WHEREAS, the best bid for such repair project was made by Hansen & Associates, Inc.
of Paris, Texas, and it should be awarded the bid for the same; and,
WHEREAS, the form of the contract for such repair 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 to this resolution are hereby in all
things approved.
Section 2. That the bid of Hansen & Associates, Inc. for the "Gateway Project Entry Sign
Repair Project" in the amount of $19,844.00, 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 ofthe contract with Hansen & Associates, Inc., 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 contract with Hansen & Associates, Inc., 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 its date of passage.
PASSED AND APPROVED this 12th day of November, 2001.
ATTEST:
.
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
~Rf~
ichael J. Pfie r, yor
AGREEMENT
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THIS AGREEMENT is dated as ofthe 12th day of November in the year 200 1 by and between City
of Paris, Paris, Texas, (hereinafter called OWNER) and Hansen & Associates, 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: reconstruction of structural framing, and exterior insulation
and finish system application and 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: GATEWAY PROJECT REPAIR.
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 AL days from the date when the Contract
Time commences to run as provided in paragraph 2.3 ofthe General Conditions, and completed and
ready for final payment in accordance with paragraph 14.13 of General Conditions within 60 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 ifthe 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 ifthe
Work is not completed on time. Accordingly, instead ofrequiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay OWNER One hundred and noli 00 dollars $ 100.00 )
EXHIBIT A
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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 noli 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 ofthe 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 ofthe 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 may withhold, 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.
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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 ofthe 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 ofthe Supplementary Conditions ofthe 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 thereofby 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 ofthe following:
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8.1 This Agreement (pages _ to _, inclusive).
8.2 Exhibits to this Agreement (pages to _, inclusive.)
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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 GATEWAY PROJECT REPAIR 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: GA TEW A Y PROJECT REPAIR.
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 Award (pages to
, inclusive).
8.12 The following which may be delivered or issued after the Effective Date ofthe 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 ofthe G e n era I
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 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 ofthe 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
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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 a:elease 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 November 12, 2001.
OWNER: CITY OF PARIS,
PARIS, TEXAS
CONTRACTOR: HANSEN AND
ASSOCIATES, INC.
By:
Michael J. Pfiester, Mayor
By:
Name:
Title:
ATTEST:
ATTEST:
Mattie Cunningham, City Clerk
Secretary
APPROVED AS TO FORM:
(SEAL)
Larry W. Schenk, City Attorney
Address for giving notices:
P.O. Box 9037
Paris. Texas 75461-9037
Address for giving notices:
3035 Oak Creek Drive
Paris. Texas 75462
License No.
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Agent for service of process:
STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, this undersigned authority, on this day personally appeared Michael J.
Pfiester, 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 12th day of November, 2001.
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
(Name), (Title) of Hansen and Associates,
Inc., known to me to be the person(s) whose name(s) islare subscribed to the foregoing instrument,
and acknowledged to me that helshelthey 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
,2001.
Notary Public, State of Texas
Printed Name:
My commission expires:
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