1989-136-RES WHEREAS, RESOLUTION ADVERTISEMENT AND EQUIPMENT REHABILITATION RECEIVED UNTIL 1989
RESOLUTI ON NO. 89-136
WHEREAS,
in Resolution
advertisement
and equipment
Rehabilitation
received until
1989; and,
the City Council of the City of Paris, did
No. 89-116 on September 11, 1989, approve the
for bids for furnishing plant, labor, materials
and performing all work required for Manhole
Project No. 88-WSRB-05-89, which bids were
10:00 o'clock A.M., Wednesday, October 25,
WHEREAS, the best bid for such construction was made by
Rhode Construction Company, Inc., of Midland, Texas, and it
should be awarded the bid for such construction; and,
WHEREAS, the form of contract for such construction
project is attached hereto as Exhibit A, should be approved, and
the Mayor, should be author i zed to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Bid of Rhode Construction Company, Inc., for
the Manhole Rehabilitation Project No. 88-WSRB-05-89 in the
amount of $529,211.00 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
wi th Rhode Cons truct ion Company, Inc. for The Manhole
Rehabilitation Project No. 88-WSRB-05-89, upon the terms and
conditions and in the form shown in Exhibit A attached
hereto.
Passed and adopted this
ATTEST:
~~~''"~
Mattie Cunningham, City C erk
ORM:
City Attorney
AGREEMENT
THIS AGREEMENT is dated as of the 13 day of November
in the year 19~ by and between the City of Paris, Paris, Texas
( 11 ere i n aft e l' c a 1 led 0 W N E' R ). and
__~~~S~~~~~~~S~~~~Ll~~__-------------------------
(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:
Manhole Rehabilitation for the City of Paris, Paris, Texas
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 rehabilitation and/or replacment of various
sanitary sewer manholes throughout the City of Paris
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 270 days from the date when
the Contract Time conunences 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
wi thin the times spec if ied in Par. 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
20
tJ<HIBIT A
that as liquidated damdges for delay
CONTRACTOR shall pay OWNER $180
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 for completion
the Contract 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 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
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 Pric:.e,. 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 sho'.:n 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 resul ts of all such
observations, examinations, investigations, explorations, tests,
reports and studies with the terms and condi tions 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 DOCUMENTS
The Contract
between OWNER
the following:
Documents which
and CONTRACTOR
comprise
concerning
the entire agreement
the 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
8.5 General Conditions and modifications thereto, if any, such are
included.
8.6 Supplementary Conditions
8.7 Technical Specifications prepared
Hayter Engineering,lnc, dated August 4, 1989
or
issued by
8.11
Drawings, consisting of sheets numbered 1 through 41 ,
inclusive with each sheet bearing the following general title:
Manhole Rehabilitation
City of Paris
Lamar County, Texas
Addenda numbers one to two, inclusive.
Documentation submitted by CONTRACTOR prior to Notice of
Award, identified as Bid, Bid Bond, Proiect Materials, Corporate Resolution
Statement of Qualifications
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.
8.8
8.9
8.10
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 ~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 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. vr~ PROVISIONS
None.
IN WITNESS WHEREOF, OWNER and
this Agreement in multiple copies. One
delivered to OWNER, CONTRACTOR and
CONTRACTOR
counterpart
ENGINEER.
have signed
each has been
All portions
23
of the Contract Documents have been signed or identified by
0WNER and CONTRACTOR or by ENGINEER on their behalf.
Tilis Agreement will be effective on
19
OWNER CITY OF PARIS, PARIS, TX
By
(Corporate Seal)
Attest
Address for giving notices
P.O. Box 9037
Paris, Texas 75461-9037
Approved as to Form:
,
CO~CTOR RHODE CONSTRUCTION COMPANY. INC.
By
(Corporate Seal)
Attest
Address for giving notices
1134 Wolfcamu Circle
Midland, Texas 79701
T. K. Haynes, City Attorney
24