1993-054-RES WHEREAS, the City Council of the City of Paris did, in Resolution No.93-041 on April 12, 1993, approve
RESOLUTION NO. 93-054
WHEREAS, the City Council of the City of Paris did, in
Resolution No.93-041 on April 12, 1993, approve the
advertisement for bids for furnishing plant, labor, materials
and equipment and performing all work required for the
CHANNEL IMPROVEMENTS AT BROOKSHIRE GROCERY COMPANY, MIRABEAU
SQUARE project, on Big Sandy Tributary No.2, which bids
were received until 3:00 o'clock P.M., Tuesday, May 4, 1993;
and,
WHEREAS, the best bid for such construction was made by
STEPHENS AND SONS CONCRETE CONTRACTORS and it should be
awarded the bid for such construction; and,
WHEREAS, the form of contract for such construction
project is 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 OF PARIS,
that the Bid of STEPHENS AND SONS CONCRETE CONTRACTORS, for
the construction project in the amount of $173,187.00 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 form of contract for
such construction project attached hereto as Exhibit A, is
hereby approved, and that the Mayor of the City of Paris,
George Fisher, be, and he is hereby authorized and directed
to execute on behalf of the City of Paris the contract with
STEPHENS AND SONS CONCRETE CONTRACTORS for the CHANNEL
IMPROVEMENTS AT BROOKSHIRE GROCERY COMPANY, MlRABEAU SQUARE
project on Big Sandy Tributary No. 2 upon the terms and
conditions and in the form shown in Exhibit A attached
hereto.
Passed and adopted this 14th day of June, 1993.
~g~';/i~h&
ATTEST:
~~~., ~t\rJ
Mattie Cunning am, City er
APPROVED AS TO FORM:
./
AGREEMENT
THIS AGREEMENT is dated as of the 14tll day of June, in the
year 19-21. by and between the City of Paris. Paris, Teidhereinafter
called OWNER) and
Stephens and Sons Concrete Contractors (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:
Construction of Channel Excavation, Concrete Lining, Vegetative Restoration
and all associated work.
The Project for which the Work under the Contract Documents may be
the whole or only a part is generally described as follows:
Entire work.
',-
Article 2. ENGINEER
The Project has been designed by Hayter Engineering, Inc., paris,
Texas, 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 and ready for final
payment within ln~ days from the date when the Contract
Time commences to run, as provided in the General Conditions.
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 above, plUS any extensions thereof allowed in
accordance with the Gene~al 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,
L1stead of requiring any such proof, OWNER and CONTRACTOR
agree
EXHIBlIA
that a3 liquidated damages for delay (but not as
CONTRACTOR shall pay OWNER $150.00 for each
expires after the time specified.
a penalty)
day that
Article 4. CONTRACT PRICE
OWNER shall pay
accordance with
follows:
CONTRACTOR for completion
the Contract Documents in
of the
current
work
funds
in
as
At the unit prices shown on the Unit Price Bid Schedule
included in the Contract Documents.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance
with the General Conditions. Applications for Payment will be
processed by ENGINEER, as provided in the General Conditions.
The OWNER shall retain 10% of the amount of each payment until
final completion and acceptance of all work covered by the
contract documents. When the work is substantially complete, the
retained amount may be reduced to 5%, at the OWNER'S discretion.
Article 6. INTEREST
If the contract amount of this contract is less than $400,000, no
interest will be paid to the CONTRACTOR on retained money. When
the contract amount exceeds $400,000, no interest will be paid
unless required by law. "
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 himself 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, if any, which are contained or identified in the
Contract Documents, and accepts the determination set forth
in the Contract Documents of the extent of the technical data
contained in such reports and drawings upon which
CONTRACTOR is entitled to rely.
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 addition to, or to supplement, those referred to
20
7.4
7.5
7.6
7.7
~b0ve, 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 as
CONTRACTOR considers necessary for the 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, and no additional
examinations, investigations, explorations, tests, reports,
studies or similar information or data are, or will be, required
by CONTRACTOR for such purposes.
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 all Underground Facilities, whether indicated in the
Contract Documents, or not. 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 the Contract Documents.
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.
"
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.
CONTRACTOR has
of liabili ty
Conditions.
reviewed and fully agrees to the limitation
provisions included in the Supplementary
Article 8. CONTRACT ~S
The Contract
between OWNER
the following:
8.1 This Agreement
Documents which
and CONTRACTOR
comprise
concerning
entire agreement
Work consist of
the
the
8.2 Bid and Bid Schedule, Advertisement, and Information or
Instructions to Bidders.
8.3 Performance and Payment Bonds
8.4 Notice of Award and Notice to Proceed
21
" c:
U..J
General Conditions and modifications thereto, if any, such are
included.
B.6
Supplementary Conditions
B.7 Technical specifications prepared
H;:!ytp,.. Rngi "pcp"'; ng- r TT1r'h dated AVri 1 _ 1 qq2 .
or
issued
by
8.8 Drawings, consisting of sheets numbered 1 through~,
inclusi ve with each sheet bearing the following general title:
8.9 Addenda numbers
to
, inclusive.
B.lO Documentation submitted by CONTRACTOR prior to Notice of
Award, identified as Bid and Bid Bond
8.11 The following which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto:
All Written Amendments, change orders, and other documents
amending, modifying, or supplementing the Contract Documents
pursuant to the General Conditions.
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 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 bound; and specifically, but without'limitation,
monies that may become due and monies 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.
9.3 OWNER and CONTRACTOR each binds himself, its partners,
successors, assigns, and legal representatives 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. vx~ PROVISIONS
None.
IN WITNESS WHEREOF, OWNER and
this Agreement in multiple copies. One
delivered to OWNER, CONTRACTOR and
22
CONTRACTOR
counterpart
ENGINEER.
have signed
each has been
All porti.::ms
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
19....n..
OWNER CITY OF PARIS. PARIS. TEXAS CONTRACTOR STEPHENS AND SONS CONCRETE CONTRACTOR,
June 111
,
By
By
Jerry Bob Stephens, Partner
George Fisher, Mayor
(CORPORATE SEAL) (CORPORATE SEAL)
Attest Attest
Mattie Cunningham,City Clerk
Address for giving notices Address for giving notices
P. O. Box 9037 4725 LAMAR AVE.
Paris, Texas 75461-9037 Paris, Texas 75460
License No.
Agent for service of process:
Approved as to form:
-.
T. K. Haynes, City Attorney
23
STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, this undersigned authority, on this day personally
appeared Gpnrgp F; Qhpr , Mayor of the City of Paris, known to be
to be the person whose name is subscribed to the foregoing
instrument, au': ;::,cknowledged to me that he executed the same for
'the purposes and consid~r-'l.tion therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this -1ll.h day of
June
, 19..21-.
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 Jerry Bob Steohens , P"rrnpr ,
of Stephens and Sons Concrete Contractlllrh=nown 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.
I
.
I
!
I
.
I
i
!
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
June , 19 93 .
Notary Public, State of Texas
Printed Name:
My commission expires:
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