1990-097-RES WHEREAS, the City Council of the City of Paris, did in Resolution No. 90-087 on October 11, 1990, approve
RESOLUTION NO. 90-097
WHEREAS, the City Council of the City of Paris, did
in Resolution No. 90-087 on October 11, 1990, approve the
advertisement for bids for furnishing plant, labor, materials
and equipment and performing all work required for the
"10th Street S.E. Sewer Line Replacement Project No.
88-WSRB-09-90", which bids were received until 3 :00 0' clock
P.M., Thursday, November 8, 1990; and,
WHEREAS, the best bid for such construction was made by
Bill Hazelwood, Inc., Sherman, Texas, and it should be
awarded the bid for such construction; and,
WHEREAS, the form of contract
project is attached hereto as Exhibit
the Mayor, should be authorized to
THEREFORE,
for such construction
A, should be approved, and
execute the same; NOW,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Bid of Bill Hazelwood, Inc., Sherman, Texas,
for the sewer line replacement construction project in the
amount of $449,779.90 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 Bill Hazelwood, Inc., for "10th Street S.E. Sewer Line
Replacement Project No. 88-WSRB-09-90", upon the terms and
conditions and in the form shown in Exhibit A attached
hereto.
Passed
,nd ,dop'"d 'hi, 1D<h~~~990.
Eric S: Clifford, Mayor
.:::>
ATTEST:
~~, ~ :~~~,~~
Mattie Cunningham, Cit Cler~
""
AGREEMENT
THIS AGREEMENT is dated as of the 10 day of Decemher
in the year 1990 by and between the City of Paris. Paris. Texas
( her e i n a f~ e r c all e d 0 W N E R ) and
_~~~li~~~~~-------------------------------------
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of
covenants hereinafter set forth, agree as follows:
the mutual
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in
the Contract Documents. The Work is generally described as
follows:
10th S.E. Sewer Line Replacement Project 88WSRB09-90
The Project for which the Work under the Contract Documents may
be the whole or only a part is generally described as follows:
General construction for installation of approximately 5,214 linear feet of
4-inch, 6-inch, 10-inch and 12-inch snR 26 and snR 35 PVC sewer pipe, man-
holes and all appurtenances.
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 completed and
ready for final payment within 150 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 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
19 EXHIBIT A
that a3 liquidated damages for delay (but not as
CONTRACTOR shall pay OWNER $ 100.00 for each
expires after the time specified.
a penalty)
day tflat
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
wi th the General Condi tions. Applica tions 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
~buve, 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 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 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
Condi tions.,
reviewed and fully agrees to the limitation
provisions included in the Supplementary
Article 8. CONTRACT DOCUMENTS
The Contract
between OWNER
the following:
8.1 This Agreement
Documents which
and CONTRACTOR
comprise
concerning
the entire agreement
the Work consist of
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
'-
8.5 General Conditions and modifications thereto, if any, such are
included.
8.6 Supplementary Conditions
8.7 Technical Specifications prepared
Haytp.r Enginppring Tnr / dated Oc.t:nhpr 1 qqn .
or
issued
by
8.8 Drawings, consisting of sheets numbered 1 through -1L,
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 ';% Bid Bond And Rid
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 aSsigilllH::nt by a party hereto of any rights under or
interests ~n 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 assigrunent, no assigrunent 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.
22
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 December 10
.19~.
OWNER CITY OF PARIS
CONTRACTOR (type business name)
Paris, Texas
BILL HAZELWOOD, INC.
BY
By
(type signature name)
Bill Hazelwood, President
Eric S. Clifford, Mayor
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Attest
Mattie Cunningham
City Clerk
Address for giving notices
Address for giving notices
P.O. Box 9037
P.O. Box 966
Paris. Texas 75461-9037
Sherman, Texas 75091-0966
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 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,,";' 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
,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 Bill Hazelwood , President,
of Bill Hazelwood, inc. , 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
, 19
Notary Public, State of Texas
Printed Name:
My commission expires:
24