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1989-032-RES WHEREAS,CITY COUNCIL IN RES NO 89-021 ON 03.13.89 APPROVED RESOLUTION NO. 89-032 WHEREAS, the City Council of the City of Paris, did in Resolution No. 89-021 on March 13, 1989, approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the Replacement Force Main for Campbell's Sewage Lift Station 88WSRB-06-89 Project, which bids were received until 10:00 o'clock A.M., Wednesday, April 5, 1989; and, WHEREAS, the best bid for such construction was made by Bill Hazelwood, Inc., of Sherman, 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, and such form should be approved, and the Mayor, should be authorized to sign the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Bid of Bill Hazelwood, Inc., for the Replacement Force Main for Campbell's Sewage Lift Station 88WSRB-06-89 Project in the amount of$25, 528.90, 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 the Replacement Force Main for Campbell's Sewage Lift Station 88WSRB-06-89 Project, upon the terms and con- ditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 10th day of April, 1989. ~::;j~ EricLJ: Cli~~r ATTEST: ~~->rt . ~~ att~e ~u~n~ng am, ~t er APPROVED AS TO FORM: 'T~Y AGREEMENT THIS AGREEMENT is dated as of the 10th day of April in the year 1989 by and between City of Paris, Paris, Texas, (hereinafter called OWNER) and Bill Hazelwood Tnc. of Sh~TrnRn, T~XR" (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 approximately 1020 L.F. of 10" ASTM D2241 class 160 wastewater force main with road bore and related fittings. The Project for which the Work under the Contract Oocuments may be the whole or only a part is generally described as follows: Construction of approximately 1020 L.F. of 10" ASTM D2241 class 160 wastewater force main with road bore and related fittings. 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 thirty (30) 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 forty-five (45) 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 fl(HIBIT A 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. 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 inclusive. ) 1 to 4 8.3 Performance and other Bonds, identified as exhibits NONE and consisting of pages. 8.4 Notice of Award. 3 8.5 General Conditions (pages 1 to 33 , inclusive). 8.6 Supplementary Conditions (pages inclusive). 8.7 Specifications bearing the title Replacement Force Main for Campbell's Sewage Lift Station and consisting of divisions and 103 pages, as listed in table of contents thereof. 1 to 17 8.8 Drawings, consisting of a cover sheet and sheets numbered 1 through , inclusive with each sheet bearing the following general title: Replacement Force Main for Campbell's Sewage Lift Station 8.9 Addenda numbers 1 to , inclusive. 8.10 CONTRACTOR's Bid (pages 1 exhibit A to 4 , inclusive) marked 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. 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 the General 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. 4 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. !"9JW.. . N 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 thei r behalf. This Agreement will be effective on 19 OWNER CITY OF PARIS CONTRACTOR By Eric S. Clifford, Mayor (CORPORATE SEAL) By (CORPORATE SEAL) Attest Attest Address for giving notices Address for giving notices P. O. Box 9037 Paris, TX 75461-9037 License No. Agent for service of process: Approved as to form: T. K. Haynes, City Attorney 5 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford , Mayor of the Ci ty of Paris, 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 198 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 198 Notary Public, State of Texas Printed Name: My commission expires: 6