1989-135-RES WHEREAS, CITY COUNCIL IN ITS REGULAR MEETING ON OCTOBER 9, 1989 APPROVED
RESOLUTION NO. 89-135
WHEREAS, the City Council of the City of Paris, did
in its regular meeting on October 9, 1989, approve the
advertisement for bids for furnishing plant, labor, materials
and equipment and performing all work required for the
Drainage Structures on Big Sandy Creek Tributary Number 6 at
26th S.E. Street, Culbertson Street and Hubbard Street, which
bids were received until 10:00 o'clock A.M., Wednesday,
November 8, 1989; and,
WHEREAS, the best bid for such construction was made by
Shus ter & Walker, Inc. of 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 author ized to
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Bid of Shuster & Walker, Inc., for the
Drainage Structures on Big Sandy Creek Tributary Number 6 at
26th S.E. Street, Culbertson Street and Hubbard Street in the
amount of $84,420.00 is hereby accepted and let conditioned
upon said contractor meeting all of the terms and
specifications included in the bid documents; and,
for such construction
A, should be approved, and
execute the same; NOW,
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 Shuster & Walker, Inc. for the Drainage Structures on
Big Sandy Creek Tributary Number 6 at 26th S.E. Street,
Culbertson Street and Hubbard Street, upon the terms and con-
ditions and in the form shown in Exhibit A attached hereto.
Passed and adopted this
i3~NO"embe'. i989.
E~-;'YO?
ATTEST:
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Mattie Cunningham, Cit C erk
APZD AS T
AGREEMENT
THIS AGREEMENT is dated as of the 13th day of November
in the year 1989 by and between City of Paris, Paris, Texas, (hereinafter
called OWNER) and Schuster and Walker, Inc,
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants herein-
after 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 reinforced Concrete Box Culverts with Wingwalls
and other appurtenant construction.
The Project for which the Work under the Contract Documents may be the
whole or only a part is generally described as follows:
DRAINAGE STRUCTURES ON BIG SANDY CREEK TRIBUTARY
NUMBER 6 AT 26TH S,E. ST., CULBERTSON ST. AND HUBBARD ST.
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 180 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 the General
Conditions within 210 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
tJ<HIBIT. A
proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER One Hundred
Fifty dollars
$150.00
for each day that expires after the time specified in,paragraph 3.1
for Substantial Completion until the Work is substantially complete.
After Substantial Completion, if CONTRACTOR shall neglect, refuse or
fail to complete the remaining Work within the Contract Time or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
Fifty
dollars ($ 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.
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, suitable
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,
5.2 Final Payment. Upon final completion and acceptance of
the Work in accordance with paragraph 14,13 of the General
Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph
14,13.
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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.
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 addition 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 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, 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.
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 Under-
ground 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 the Contract Documents,
including specifically the provisions of paragraph 4.3 of the
General Conditions.
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7.5 CONTRACTOR has correlated the results of all such observa-
tions, examinations, investigations, explorations, tests, reports
and studies with the terms and conditions of the Contract Docu-
ments,
7,6 CONTRACTOR has given ENGINEER written notice.of all con-
flicts, errors or discrepancies that he has discdvered'in the
Contract Documents and the written resolution thereof by ENGINEER
is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
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 18
inclusive).
8.2 Exhibits to this Agreement (pages to
inclusive.)
8.3 Performance and other Bonds, identified as exhibits
and consisting of pages.
8.4 Notice of Award,
8.5 General Conditions (pages 24 to 52 ,inclusive).
8.6 Supplementary Conditions (pages 53 to 62
inclusive).
8.7 Specifications bearing the title Drainage Structures on Big
Sandy Creek Tributary Number 6 and consisting of ~
divisions and 79 pages, as listed in table of contents
thereof.
8,8
Drawings, consisting
1 through 15
the following general
of a cover sheet and sheets numbered
, inclusive with each sheet bearing
title:
8.9 Addenda numbers
to
inclusive.
8.10 CONTRACTOR's Bid (pages 2
exhibit A
to 8
, inclusive) marked
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, modify-
ing, or supplementing the Contract Documents pursuant to
paragraphs 3.4 and 3.5 of the General Conditions.
15
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
Article 8.
supplemented
Conditions.
no Contract Documents other than those listed above in this
The Contract Documents may only be amended" modified or
as provided in paragraphs 3.4 and 3.5 of.th~ G~nera1
Article g. 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 moneys that may
become due and moneys 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 itself, its partners,
successor, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representa-
tives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
Article 10. OTHER PROVISIONS,
NONE
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STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally
appeared Eric S. Clifford, Mayor of the City of Paris, known to me to
be the person whose name is subscribed to the foregoi~g 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
1989.
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
1989.
Notary Public, State of Texas
Printed Name:
My commission expires:
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CON-
TRACTOR 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 C!TY OF PAR I S CONTRACTOR Shus ter & Walker. Inc.
By By
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
Paris, Texas 75461-9037
License No.
Agent for service of process:
Approved as to form:
T. K. Haynes, City Attorney
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