1996-067-RES WHEREAS, CITY COUNCIL DID IN RSEOLUTION 96-
RESOLUTION NO. 96-067
WHEREAS, the City Council of the City of Paris, did in Resolution No. 96-
056 on June 10, 1996, approve the advertisement for bids for furnishing plant, labor,
materials and equipment and performing all work required for the "Rehabilitation
and Painting of Two-Two Million Gallon Steel Ground Storage Water Tanks"
Project No. 92-WSRB02-96, which bids were received until 3:00 p.m., Tuesday,
July 2, 1996; and,
WHEREAS, the best bid for such rehabilitation and painting was made by
CORROSION ELIMINATORS of Mineral Wells, Texas, and it should be awarded
the bid for such construction; and,
WHEREAS, the form of contract for such rehabilitation and painting project
attached hereto as Exhibit A, should be approved, and the Mayor should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01<'
PARIS, that the bid of CORROSION ELIMINATORS, for the rehabilitation and
painting project in the amount of $454,913.00 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 Mayor of the City of Paris, Eric
S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the
City of Paris the contract with CORROSION ELIMINATORS for "Rehabilitation
and Painting of Two- Two Million GaUon Steel Ground Storage Water Tanks"
Project No. 92-WSRB02-96, upon the terms and conditions and in the form shown
in Exhibit A attached hereto.
PASSED AND ADOPTED this 15th day of July, 1996.
Eric S. Clifford,
ATTEST:
~.L~~~~
Mattie Cunningham, CIty Cler
APPROVED AS TO };'ORM:
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AGREEMENT
THIS AGREEMENT is dated as of the 15day of .1ul y
Paris, Paris, Texas, (hereinafter called OWNER) and
Hwy 37. Mineral Wells. Texas
in the year 19~ by and between City of
Corrosion Eliminators. P.O. Box 1546-1002.
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: Repair, metal preparation and coating of all interior and exterior
surfaces of two (2) two million gallon steel ground storage water tanks.
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 Two (2) - Two million gallon steel
ground storage water tanks, 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 called 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 -12ll- 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 ~ 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 3.1 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 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 shall pay OWNER One hundred fifty and No/100 dollars $
15000 )
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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/100 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.
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 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.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
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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 7.2 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:
8.1 This Agreement (pages.1L to -2L 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.
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8.5 General Conditions (pages ~ to ~ inclusive).
8.6 Supplementary Conditions (pages ft to Ii. inclusive).
8.7 Specifications bearing the title Contract Documents for Rehabilitation and PaintinQ of
Two (2) Two Million Gallon Steel Ground Storage Water Tanks and
consisting of~ divisions and 91 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 1 & 2
8.10 CONTRACTOR's Bid (pages ~ to -13-, 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 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 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,
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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
July 15
1996.
OWNER: CITY OF PARIS
CONTRACTOR:
BY
By ,
Ocey G. Dow
Owner/President
Corrosion Eliminators
Eric S. Clifford, Mayor
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Mattie Cunningham
City Clerk
Attest
Address for giving notices
Address for giving notices
POBox 9037
POBox 1546
Paris, Texas 75461-9037
1002 Hwy 37
Mineral Wells Texas 76068
License No.
Agent for service of process:
Approved as to form:
T.K. Haynes, City Attorney
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STATE OF TEXAS
COUNTY OF LAMAR )
BEFORE ME, this undersigned authority, on this day personally appeared Eric S Clifford
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 _ day of
1996.
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 Stephens and Son's Concrete Contractors, 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
1996.
Notary Public, State of Texas
Printed Name:
My commission expires:
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