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1989-127-RES WHEREAS, CITY COUNCIL IN RES NO 89-117 ON SEPTEMBER 11, 1989 RESOLUTION NO. 89-127 WHEREAS, the City Council of the City of Paris, did in Resolution No. 89-117 on September 11, 1989, approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the Concrete Rip-Rap and Spillway Rehabilitation Lake Crook Embankment Project No. 82.17A, which bids were received until 10:00 o'clock A.M., Wednesday, October 4, 1989; and, WHEREAS, the best bid for such construction was made by Ray Slagle Construction Company, of Paris, 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 Ray Slagle Construction Company, for the Concrete Rip-Rap and Spillway Rehabilitation Lake Crook Embankment Project No. 82.17A in the amount of $34,876.25 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 Ray Slagle Construction Company for Concrete Rip-Rap and Spillway Rehabilitation Lake Crook Embankment Project No. 82.17A, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 9th day of October, 1989. E':?: ~;r~yO' ATTEST: Mattie Cunningham, FORM: AGREEMENT THIS AGREEMENT is dated as of the 9th day of the year 1989 by and between City of Paris, Paris, called OWNER) and Ray Slagle Construction Co. (hereinafter Ocotber in Texas, (hereinafter ca1~ed.CO~TRACTOR). 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: Replacement of approximately 3895 S.F. of concrete rip-rap and surface rehabilitation of concrete spillway. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 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 90 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 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 1 tJ<HIBIT.A proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (~ut not as a penalty) CONTRACTOR shall pay OWNER One Hundred Flfty dollars ($150.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time'or any ~,oper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER flfty dollars ($ 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 first 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 complet- ed) 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 para- graph 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 accor- dance 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 Condi- tions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 2 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. 3 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 discovered 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 1 to 6 , inclusive). 8.2 Exhibits to this Agreement (pages 1 inclusive.) Exhibit A to 5 8.3 Performance and other Bonds, identified as exhibits (None) and consisting of pages. 8.4 Notice of Award. 8.5 General Conditions (pages 7 to 33 , inclusive). 8.6 Supplementary Conditions (pages inclusive). 1 to 17 8.7 Specifications bearing the title and consisting of 11 divisions and 1U4 pages, as listed in table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered 1 through , inclusive with each sheet bearing the following general title: 8.9 Addenda numbers 1 to inclusive. 8.10 CONTRACTOR's Bid (pages 1 to 5 , inclusive) marked exhibit A 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). (None) 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. 4 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 tne '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 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. 5 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 CITY OF PARIS CONTRACTOR 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 6 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 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 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: 7