1992-053-RES WHEREAS, the City Council of the City of Paris did, in Resolution No. 92-039 on June 4, 1992, approve
RESOLUTION NO.
92-053
WHEREAS, the City Council of the City of Paris did, in
Resolution No. 92-039 on June 4, 1992, approve the advertise-
ment for bids for furnishing plant, labor, materials and
equipment and performing all work required for the "NEW 4
MILLION GALLON PRECAST, PRESTRESSED CONCRETE GROUND STORAGE
TANK FOR POTABLE WATER NO. 92-WSRB-01-92", which bids were
received until 3:00 o'clock P.M., Thursday, July 9, 1992;
and,
WHEREAS, the best bid for such storage tank project was
made by Preload, Inc., and it should be awarded the bid for
such "NEW 4 MILLION GALLON PRECAST, PRESTRESSED CONCRETE
GROUND STORAGE TANK FOR POTABLE WATER PROJECT NO.
92-WSRB-01-92"; and,
WHEREAS, the form of contract for such storage tank
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 Preload, Inc., for the storage tank, in the
amount of $1,099,270.00, 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
Preload, Inc., for "NEW 4 MILLION GALLON PRECAST, PRESTRESSED
CONCRETE GROUND STORAGE TANK FOR POTABLE WATER PROJECT NO.
92-WSRB-01-92", upon the terms and conditions and in the form
shown in Exhibit A attached hereto.
Passed and adopted this 13th day of July, 1992.
~ /~
:~sher, Mayor
ATTEST:
Ma tt i e
APPROVED AS/TO FORM:
/
I
AGREEMENT
THIS AGREEJ.'1ENT
year 1992 by
call
Preload, Inc.
called CONTRACTOR).
is dated as of the
and between City of
e d 0 W
13th day of
Paris t Paris,
N E R
Julv
Texas
in the
(hereinafter
and
(hereinafter
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 a 4 MG Precast Ground Storage Reservoir
The Project for which the Work under the Contract Documents may be
the whole or only a part is generally described as follows:
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 300 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,
instead of requiring any such proof, OWNER and CONTRACTOR
agree
20
EXHIBIT A
that a3 liquidated damages for delay (but not as
CGNTRACTOR shall pay OWNER $ 275 .00 for each
expires after the time specified.
a penalty)
day that
Article 4. CONTRACT PRICE
OWNER shall pay
accordance with
follows:
CO~~CTOR for completion
the Contract Documents in
of the
current
work
funds
in
as
A lump sum amount as shown on the Bid Schedule included in the
Contract Documents.
Article 5. PAYMENT PROCEDURES
CONTR.~CTOR shall submit Applications for Payment in accordance
wi th the General Conditions. Applications for Payment will be
processed by ENGINEER, as provided in the General Conditions.
The OWNER shall retain lO% 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. lllTEREST
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 Ow~ 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. J 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
21
~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, wi thin 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 CO~;CTOR 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 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.
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 gi ven ENGINEER written notice of all
conflicts, errors or discrepancies that he has discovered in the
Contract Documents and the written resolution thereof by
ENGINEE."'t is acceptacle to CONTRACTOR.
7.7
CONTRACTOR has
of liability
Conditions.
reviewed and fully agrees to the limitation
provisions included in the SupplementarI
Article 8. CONTRACT DOCUM:ENTS
The Contract
between OWNER
the following:
Documents which
and CONTRACTOR
comprise
concerning
the
the
entire agreement
Work consist of
8.1 This Agreement
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
22
e.s General Conditions and modifications thereto, if any, such are
included.
8.6 Supplementary Conditions
8.7 Technical Specifications prepared
Hayter Enl1;ineerinl1;. Inc ., dated May. 1992
or
issued
by
8.8 Drawings, consisting of sheets numbered I through 7,
inclusive with each sheet bearing the follOwing general title:
8.9 Addenda numbers
to
, inclusive.
8.10 Documentation submitted by CONTRACTOR prior to Notice of
Award, identified as
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. MISCl!:I.I.ANEOUS
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 ~~e Contract Documents.
Article 10. V~ PROVISIONS
None.
IN WITNESS WHEREOF, OWNER and
this Agreement in multiple copies. One
deliverec. to OWNER, CON'I'RACTOR and
CONTRACTOR
counterpart
ENGINEER.
have signed
each has been
All porti:::ms
"
of the Contract Documents have been signed or identified by
Ow~R and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on
19~
"
13th July
,
OWNE.."l. CITY OF PARIS. PARIS. TEXAS CONTRACTOR
By By
PREL?AD, INC.
(CORPORATE SEAL) (CORPORATE SEAL)
Attest At~est
Mattie Cunningham, City Clerk
Address for giving notices Address for giving notices
P. O. Box 9037 839 Stewart Avenue
Paris, Texas 75461-9037
Garden City, New York 11530
License No.
Agent for service of process:
Approved as to form:
T. K. Haynes, C~ty At~orney
:
24