1991-037-RES WHEREAS, the City Council of the City of Paris, did in Resolution No. 91-024 on February 11, 1991
RESOLUTION NO. 91-037
WHEREAS, the City Council of the City of Paris, did in
Resolution No. 91-024 on February 11, 1991 approve the
advertisement for bids for furnishing plant, labor, materials
and equipment and performing all work required for the
"CHLORINATION/DECHLORINATION FACILITIES WASTEWATER TREATMENT
PLANT Project No. 88-WSRB-02-91", which bids were received
until 3:00 o'clock P.M., Tuesday, April 2, 1991; and,
WHEREAS, the best bid for such construction was made by
Heritage Constructors, Inc., Texarkana, Texas, and it should
be awarded the bid for such construction; and,
WHEREAS, the form of contract
project is attached hereto as Exhibit
and the Mayor, should be authorized to
THEREFORE,
for such construction
A, should be approved,
execute the same; NOW,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the Bid of Heritage Constructors, Inc., for the construc-
tion project in the amount of $694,650.00 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 Heritage Constructors, Inc. for "CHLORINA-
TION/DECHLORINATION FACILITIES WASTEWATER TREATMENT PLANT
Project No. 88-WSRB-02-91", upon the terms and conditions and
in the form shown in Exhibit A attached hereto.
Passed and adopted this 8th day of April, 1991.
E'~
ATTEST:
Mattie Cunningham, City
City Attorney
AGREEMENT
THIS AGREEMENT is dated as of the
year 19 91 by and between City of
call e d 0 W
Heritage Constructors, Inc.
called CONTRACTOR).
8 day of April
Paris, Paris. Texas
N E R )
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:
Chlorination and Dechlorination Facilities
Contract No. 88-WSRB-02-91
The project for which the Work under the Contract Documents may be
the whole or only a part is generally described as follows:
All labor, materials, equipment, supervision, etc. as described in the
Contract Documents and Plan Drawings
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 180 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
accQrdance 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
EXH IBIT A
,
"',-
that as liquidated damages for delay
CONTRACTOR shall pay OWNER $490.00
expires after the time specified.
(but not as a penalty)
for each day that
Article 4. CONTRACT PRICE
OWNER shall pay
accordance with
follows:
CONTRACTOR
the Contract
for completion
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 ::.nd carefully studied lor assumes
responsibility for obtaining and carefully studying) all 3uch
examinations~ investigations, explorations, tests, reports and
studies in addition ~o, or to supplement, those referred to
22
. ~,)'
~bQve, 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.
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 ~ Work at the Contract Price, within the
Contract Tim'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 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.
7.7
CONTRACTOR has
of liability
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 CO~CTOR
comprise
concerning
the
the
entire agreement
Work consist of
8.2 Bid and Bid Schedule, Advertisement, and Information or
Instructi~ns to Bidders.
8.3 Performance and Payment Bonds
8.4 Notice of Award and Notice to Proceed
23
, ~'.:;"
8.5 General Conditions and modifications thereto, if any, such are
included.
8.6 Supplementary Conditions
8.7 Technical Specifications prepared
Hayter Engineering,Inc., dated February 1991 .
or
issued
by
8.8 Drawings, consisting of sheets numbered 1 through--11.,
inclusive with each sheet bearing the following general title:
Chlorination/Dechlorination Facilities - Wastewater Treatment Plant, Paris, Texas
8.9 Addenda numbers 1 to 2, inclusive.
8.10 Documentation submitted by CONTRACTOR prior to Notice of
Award, identified as bid bond. bid. pro;ect materials list, subcontractor lis'
and Statement of Bidder's Qualifications
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. OTHER PROVISIONS
None.
IN WITNESS WHEREOF, OWNE:l. and
this Agreement in multiple copies. One
deliverec. to OWNER, CON7P.ACTOR and
, .
CONTRACTOR
counterpart
ENGINEER.
have signed
each has '::>een
All port~J!1S
\".:"
24
of ~he contract Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their beha~f.
This Agreement will be effective on
19-1i'
April 8
,
OWNER CITY OF PARIS. PARIS. TEXAS CONTRACTOR HERITAGF. CONSTRllCTORS TNC.
By
Eric Clifford, Mayor
By
Dennis E. Smith, President
(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:
T. K. Haynes, C~ty Attor.ney
:;<
,
25
,~,~V'
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, a.u":' ;::cknowledged to me that he executed the same for
. the purposes and considcr"ltion therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of
, 19____.
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 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
,19_.
Notary Public, State of Texas
Printed Name:
My commission expires:
25a
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