1990-092-RES WHEREAS, the City Council of the City of Paris, did in Resolution No. 90-079 on September 17, 1990,
RESOLUTION NO. 90-092
WHEREAS, the City Council of the City of Paris, did
in Resolut ion No. 90-079 on September 17, 1990, approve the
advertisement for bids for furnishing plant, labor, materials
and equipment and performing all work required for the
"Replacement Force Main for Battle's Sewage Lift Station
Project 88-WSRB-02-88", which bids were received until 3:00
o'clock P.M., Wednesday, October 11, 1990; and,
WHEREAS, the best bid for such construction was made by
Bill Hazelwood, Inc. 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., for the force
main replacement construction project in the amount of
$62,661.95 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 "Replacement Force
Main for Battle's Sewage Lift Station Project 88-WSRB-02-88",
upon the terms and conditions and in the form shown in
Exhibit A attached hereto.
Passed and adopted this
ober, 1990.
ATTEST:
Mattie Cunningham,
A7d~:_~
AGREEMENT
THIS AGREEMENT is dated as of the
in the year 19~ by and between
(hereinafter called OWNER) and Bill
(hereinafter called CONTRACTOR).
15th day of October
City of Paris, Paris, Texas,
Hazelwood, Incorporated
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:
The construction of approximately 5720 L.F. of 10" PVC SDR26,
Class 160 Force Main, Air and Vacuum Valve assemblies and other
related appurtenances.
The Project for which the Work under the Contract Documents may be
the whole or only a part is generally described as follows:
Replacement Force Main for Battle's Sewage Lift Station.
Article 2. ENGINEER.
The Project has been designed by City Engineer, City of Paris,
Paris, Texas, or his authorized representative, who is hereinafter
call 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 ~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 120 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/lOO dollars $ 150.00 )
19
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 fiftv and No/lOa
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.
~it
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.
20
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:
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.
''VI~
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.
21
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.
~1~
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages -12- to ~, inclusive).
8.2 Exhibits to this Agreement (pages
inclusive. )
to
,
8.3 Performance and other Bonds, identified as exhibits
and consisting of pages.
8.4 Notice of Award.
8.5 General Conditions (pages ~ to ~ inclusive).
8.6 Supplementary Conditions (pages ~ to 108,
inclusive) .
8.7 Specifications bearing the title Replacement Force Main
for Battle's Sewaae Lift Station
and consisting of 13 divisions and 133 pages, as
listed in table of contents thereof.
22
8.8 Drawings, consisting of a cover sheet and sheets numbered
1 through 7 , inclusive with each sheet
bearing the following general title: Replacement Force
Main for Battle's Sewage Lift Station.
8.9 Addenda numbers
one
to
, inclusive.
8.10 CONTRACTOR's Bid (pages ~ to ~, 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.
23
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.
Article 10. OTHER PROVISIONS.
NONE
!~
24
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
.19
OWNER CITY OF PARIS
CONTRACTOR BILL HAZELWOOD. INC.
BY
By
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
ltj
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
25
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
, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of
,19_
Notary Public, State of Texas
Printed Name:
My commission expires:
26