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1998-024-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 98 RESOLUTION NO. 98-024 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 98- 014, approve the advertisement for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the "N.W. Paris Sanitary Sewer Improvements, FM 79, 18th S1. N.W., 19th S1. N.W., and Butler Lane, TCDP Contract No. 716641," which bids were received until 3:00 o'clock p.m., Tuesday, February 3, 1998; and, WHEREAS, the best bid for such construction was made by Stan Elliott, Inc., of New Boston, 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 Stan Elliott, Inc. for the "N.W. Paris Sanitary Sewer Improvements, FM 79, 18th S1. N.W., 19th S1. N.W., and Butler Lane, TCDP Contract No. 716641" project, in the amount of $298,441.73, 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 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 Stan Elliott, Inc. upon the terms and conditions and in the form shown in Exhibit A, attached hereto. ATTEST: ~) ~~~:J Mattie Cunningham, City ClerK AGREEMENT THIS AGREEMENT is dated as of the 9th day of February 19 98 by and between City of Paris, Paris, Texas, called OWNER) and Stan Elliott, Inc. called CONTRACTOR). in the year (hereinafter (hereinafter OWNER and CONTRACTOR, in consideration of' the mutual covenants hereinafter 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: approximately 3875 L.F. 8" PVC, SDR 35, 965 L.F., 8" PVC, CLASS 160 gravity sanitary sewer, 16 manholes, 21 customer services, 40 grinder pump installations, 2950 L.F. 2" PVC, Class 200 and 900 L.F. 2 1/2" PVC, Class 200 force main 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: N.W. PARIS SANITARY SEWER IMPROVEMENTS, FM79, lSTH ST. N.W., 19~ ST. N.W., AND BUTLER LANE. 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 150 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 proof, OWNER and CONTRACTOR agree that as liquidated damages for delay 19 EXHIBIT A (but not as a penalty) CONTRACTOR shall pay OWNER One hundred fifty and No/lOa 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 proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fifty and No/lOa 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 last day of each month during copstruction 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 Percen~ (10%) of Work Completed. 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 maywithhold, in accordance 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 General Conditions, OWNER shall pay the remainder of the Contract Price as 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 20 required by law. Article 7. CONTRACTOR'S REPRESENTATIONS. In erder to. induce OWNER to. enter into. this Agreement, CONTRACTOR makes the fellewing representatiens: 7.1 CONTRACTOR has familiarized itself with the nature and extent ef the Centract Decuments, Werk, site lecality, and all lecal cenditiens and Laws and Regulatiens that in any manner may affect cest, pregress, perfermance er furnishing ef the Werk. 7.2 CONTRACTOR has studied carefully all reperts ef expleratiens and tests ef subsurface cenditiens and drawings ef physical cenditiens which are identified in the Supplementary Cenditiens as previded in paragraph 4.2 ef the General Cenditiens, and accepts the determinatien set ferth in paragraph SC-4.2 ef the Supplementary Cenditiens ef the extent ef the technical data centained in such reperts and drawings upen which CONTRACTOR is entitled to. reply. 7 . 3 CONTRACTOR has ebtained and carefully studied (er ass u m e s respensibility for ebtaining and carefully studying) all such examinatiens, investigatiens, explo~atiens, tests, reperts and studies (in additiens to. er to. supplement these referred to. in paragraph 7.2 abeve) which pertain to. the subsurface er physical cenditiens at er centigueus to. the site er etherwise may affect the cest, pregress, perfermance er furnishing ef the Werk at the Centract Price, within the Centract Time and in accerdance with the ether terms and cenditiens ef the Centract Decuments, including specifically the previsiens ef paragraph 4.2 ef the General Cenditiens and no. additienal examinatiens, investigatiens, expleratiens, tests, reperts, studies er similar infermatien er data are er will be required by CONTRACTOR fer such purpeses. 7.4 CONTRACTOR has reviewed and checked all infermatien and data shewn er indicated en the Centract Decume w respect to. existing Undergreund Facilities at er centigueus to. the site and assumes respensibility fer the accurate lecatien ef said Undergreund Facilities. No. additienal examinatiens, investigatiens, expleratiens, tests, reperts, studies er similar infermatien er data in respect ef said Undergreund Facilities are er will be required by CONTRACTOR in erder to. perferm and furnish the Werk at the Centract Price, within the Centract Time and in accerdance with the ether terms and cenditiens ef Centract Decuments, including specifically the previsiens ef paragraph 4.3 ef the General Cenditiens. 7.5 CONTRACTOR has cerrelated the results ef all such ebservatiens, examinatiens, investigatiens, expleratiens, tests, reperts and studies"with the terms and cenditiens ef the Centract Decuments. 21 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discbvered 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 123, inclusive). , . 8.7 Specifications bearing the title N.W. PARIS SANITARY SEWER IMPROVEMENTS, FM79, 18TH ST. N. W., 19TH ST. N. W., AND BUTLER LANE and consisting of divisions and 144 pages, as listed in table of contents there'of. 8.8 Drawings, consisting of a cover ,sheet and sheets numbered 1 through , inclusive with each sheet ~ the following general title: N.W. PARIS SANITARY SEWER IMPROVEMENTS, FM79, 18TH ST. N.W., 19TH ST. N.W., AND BUTLER LANE. 8.9 Addenda numbers 1 to , inclusive. 8.10 CONTRACTOR's Bid (pages 10 to 16 , 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 the Effective Date of the Agreement and are not attached hereto: All written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 22 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 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 delivered 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. This Agreement will be effective on February q 1998 OWNER CITY OF PARIS CONTRACTOR (type business name) BY /, Eric Clifford, Mayor By 23 (CORPORATE SEAL) (CORPORATE SEAL) Attest Mattie Cunningham . City Clerk Attest " 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 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, this undersigned authority, on this day personally appeared Eric Clifford , Mayor of the City of Paris, known to be 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 . - February , 19 98 . 24 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 U~DER MY HAND AND SEAL OF OFFICE this ____ day of , 19 . . Notary Public, State of Texas Printed Name: I I I My COmmlsslon explres: I, 25