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.
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EricLJ: Cli~~r
ATTEST:
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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