1998-048-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY OF MARCH
RESOLUTION NO. 98-048
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of March,
1998, in Resolution No. 98-037, approve the advertisement for bids for furnishing plant, labor,
materials, and equipment, and for performing all work required for the "Street and Drainage
Improvements, 6th Street N.E. from E. Garrett Street to Martin Luther King, Jr. Drive and
Clearing, Grubbing and Grading of Martin Luther King, Jr. Drive from 6th Street N.E. to
North Main Street, TCDP Young v. Cisneros, Contract No. 715246" Project, which bids were
received until 3:00 o'clock p.m., Tuesday, the 31st day of March, 1998; and,
WHEREAS, the best bid for such construction was made by Drake Construction
Company, Inc., of Powderly, Texas, and it should be awarded the bid for such construction; and,
WHEREAS, the form of the agreement for such construction project, attached hereto as
Exhibit A, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid
of Drake Construction Company, Inc. for the "Street and Drainage Improvements, 6th Street
N.E. from E. Garrett Street to Martin Luther King, Jr. Drive and Clearing, Grubbing and
Grading of Martin Luther King, Jr. Drive from 6th Street N.E. to North Main Street, TCDP
Young v. Cisneros, Contract No. 715246" Project, in the amount of $158,284.67, be, and the
same 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 form of the Agreement with Drake Construction
Company, Inc. for said Project, attached hereto as Exhibit A, be, and the same is hereby,
approved; and,
BE IT FURTHER RESOLVED, that the Mayor, Eric S. Clifford, be, and he is hereby,
authorized and directed to execute, on behalf of the City of Paris, the agreement with Drake
Construction Company, Inc., under the terms and conditions and in the form shown in Exhibit A,
attached hereto.
PASSED AND ADOPTED this 13th day of April, 1998.
7k~
Eric S. Clifford, Mayor
--
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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THIS AGREEMENT is dated as of the ni-h day of APT; 1
the year 19 96 by and between Ci ty o~ Paris, Paris,
(hereinafter called OWNER) and DT:llrP r.nn~tTl1,.tinn"r.nmp;my, Tn~.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set-forth, 'agree as follows:
in
Texas,
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows:
1560 L.F. of concrete curb and gutter, 780 L.F. of 42 inch RCP
storm sewer, 2425 S. Y. Asphalt level-up and HMAC overlay and
approximately 2600 L.F. of right-of-way preparation including
clearing, grubbing, and grading with other appurtenant
construction, complete in place.
The Project for which the Work under the Contract Documents may be
the whole or only a part is generally described as follows:
Street and Drainage Improvements, 6th Street N.E. from E. Garrett
to Martin Luther King Jr. Dr., Clearing, Grubbing, and Grading of
Martin Luther King Jr. Dr., from 6th Street N.E. to North Main.
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 -120 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 General
Conditions within ~ days from the date when the Contract Time
commences to run.
.~
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3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time
is of the essence of this Agreem~nt 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 proof, OWNER and
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CONTRACTOR agree that as liquidated d~ges for delay
(but not as a penalty) CONTRACTOR snall pay OWNER ~
iiity and No/100 dollars $-l50~OO )
for each day that expires after the time specified in paragraph 3.1
for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the
Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER -liity and HQLjOO
dollars ($ 50.00 ) for each day that expires after the
time specified in paragraph 3.1 for completion and readiness for
final paj'lDent.
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 Paj'lDents, 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 aOout
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, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in paragraph 14.2
of the General Conditions).
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5.1.2 Upon Substantial Completion, in an amount suf f icient 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 Paj'1llent. Upon final completion and acceptance
of the Work in accordance with paragraph 14.13 of General
Conditions, O~LR shall pay the remainder of the Contract Price as
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recommended by ENGINEER as provided in said paragraph 14.13.
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 determnation 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 additions 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 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" studi~s._ or s~~ar, _~~f<?~a.~ion. .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
Underground 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 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 observations,
examinations, investigations, explorations, tests, reports and
studies with the terms and conditions
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.
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 1, inclusive).
8.2 Exhibits to this Agreement (pages
inclusive.)
to
,
8.3 Performance and other Bonds, identified as exhibits
and consisting of pages.
8.4 Notice of Award.
8.5 General Conditions (pages ~ to~ inclusive).
8.6 Supplementary Conditions (pages~ to ~,
inclusive).
8.7 Specifications bearing the title Stteet an~f~~naa:
lmorQVements. 6~ Street ~.E. from E. Garrett ~o~t~~ ~. K~;~ ~
Pr., Clearina, Grubbina. a~d Gradina ~{=Marti_. .e__.Kina J_. . .
:from 6~b Street N. E. to North Mai_ and consisting of~
divisions and ~ pages, as listed in table of contents thereof.
8.8 Drawings, consisting of a cover sheet and sheets numbered
~ through ~, inclusive with each sheet bearing the
following,. general title:. Street and Drainage Improvements, 6th
Street N. E. from E. Garrett to Martin Luther King Jr. Dr.,
Clearing, Grubbing, and Grading of Martin Luther King Jr. Dr. f~om :~.~_'
6~ Str~et'N.E. to North Main.
8.9 Addenda numbers
to
, inclusive.
8.10 CONTRACTOR's Bid (pages ~ to ~, inclusive)
marked exhibit .
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
tEe Effective Date of the Agreement and are not attachedhereto: All
written Amendments and other documents amending, modifying, or
supplementing the Contract
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Documents pursuant to paragraphs 3.4 and 3.5 of 'the
General Conditions.
8.13 The documents listed in paragra~hs 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
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 in the Contract Documents will be binding on another
party hereto without the written consent of the party sought to be
bond; 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 affect 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 representative 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. OTHER PROVISIONS.
NONE IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this
Agreement in triplicate. . One counterpart each has been deliver.ed
to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or
by ENGINEER on their behalf.
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This Agreement will be effective on
April 13
1998 .
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OWNER
CONTRACTOR (type business name)
. .
BY
Eric Clifford, Mayor
By
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Mattie Cunningham
City Clerk
Attest
Address for giving notices
Address for giving notices
1'.0. Box 9037
Paris, Texas 75461-9037
License No.
Agent for service of process:
Approved as to form:
T.K. Baynes, City Attorney
.~
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STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, this undersigned authority, on this day personally
appeared Eric CJ..ifjord , Mayor of the City of Paris, known to be to
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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 O~FICE this ____ day of
, 19_,
Notary Public, State of Texas
Printed NaJIle:
My commission expires:
STATE OF TEXAS
COUNTY OF IJOO..R
BEFORE ME, the undersigned authority, on this day personally
appeared ,of
, known to be to be the person(s) whose name
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,
Glv~N UNDER MY BAND AND SE~~.OF OFFICE this ____ day of
, 19
~=:.c...
_..-.~-
Notary Public, State of Texas
Printed Name:
My commission expires:
25
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7.5 CONTRACTOR has correlated the results of all 'such observations,
examinations, investigations, explorations, tests, reports and
studies with the terms and conditions
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.
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 1, inclusive).
8.2 Exhibits to this Agreement (pages
inclusive.)
to
,
8.3 Performance and other Bonds, identified as exhibits
and consisting of pages.
8.4 Notice of Award.
8.5 General Conditions (pages ~ to~ inclusive).
8.6 Supplementary Conditions (pages~ to ~,
inclusive).
8.7 Specifi~tions bearing the title $tte:; ,~n~~f~~ija~:
J:JI!Otovements. 6 StX"-flet !hE. ~rom E. Garrett to ~i" nJ~~ ~~
Pt.. Cleariuo. ~rubbino, ~nQ Gfadino ~~Martiij 'no..
f rom 6~h Street N. E. to North Mai and consisting of--1L-
divisions and ~ pages, as listed in table of contents thereof.
8.8 Drawings, consisting of a cover sheet and sheets numbered
~ through ---12---, inclusive with each sheet bearing the
following,. general title: Street and Drainage Improvements, 6th
Street N.E. from E. Garrett to Martin Luther King Jr. Dr.,
Clearing, Grubbing, and Grading of Martin Luther King Jr. Dr. f~om
6th Str~et-N.E. to North Main.
:::::~
8.9 Addenda numbers
to
, inclusive.
8.10 CONTRACTOR's Bid (pages ~ to~, inclusive)
marked exhibit
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
tEe Effective Date of the Agreement and are not attachedhereto: All
wri t ten AInendInents and other documents amending, modifying, or
supplementing the Contract
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