1990-033-RES WHEREAS, the City Council of the City of Resolution No. 90-029 on March 12, 1990 advertisement for bids
RESOLUTION NO. 90-033
WHEREAS, the City Council of the City of Paris, did in
Resolution No. 90-029 on March 12, 1990, approve the
advertisement for bids for furnishing plant, labor, materials and
equipment and performing all work required for the drainage
improvemen ts to Big Sandy Tr i bu tar ies No. 4 and 6 (somet imes
incorrectly referred to as Buttermilk Creek), beginning on
Tributary No. 4 at the North Boundary Line of Simpson Street box
culvert being Station 109+80 and proceeding in a northerly
direction to Station 110-98, and on Tributary No.6, beginning at
the East Boundary Line of Tributary No. 4 being Station 19+20,
thence in an easterly direction to Station 19+51.25; and on
Tributary No.6, beginning at the North Boundary Line of
Culbertson Street at Station 11+48 northerly to Station 13+88.7,
which bids were received until 3:00 o'clock P.M., Wednesday,
April 3, 1990; and,
WHEREAS, the best bid for such construction was made by
Stephens & Sons Concrete Contractors and it should be awarded the
bid for such construction; and,
WHEREAS, the form of contract for such construction project
is attached her eto as Exh i bi t A, shou ld be appr oved, and the
Mayor, 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 Stephens & Sons Concrete Contractors, for the
drainage improvements to Big Sandy Tributaries No. 4 and 6,
beginning on Tributary No. 4 at the North Boundary Line of
Simpson Street box culvert being Station 109+80 and proceeding in
a northerly direction to Station 110-98, and on Tributary No.6,
beginning at the East Boundary Line of Tributary No. 4 being
Station 19+20, thence in an easterly direction to Station
19+51.25; and on Tributary No.6, beginning at the North Boundary
Line of Culbertson Street at Station 11+48 northerly to Station
13+88.7, in the amount of $42,590.00 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 Stephens
& Sons Concrete Contractors for the said drainage project, upon
the terms and c.onditions and in the form shown in Exhibit A
attached hereto.
Passed and adopted this 9th
1990.
Eric S.
ATTEST:
AGREEMENT
THIS AGREEMENT is dated as of the 9th day of April in
the year 1990 by and between City of Paris, Paris, Texas,
(hereinafter called OWNER) and Jerry B. Stephens, d/b/a Stephens
& Sons Concrete Contractor (hereinafter called CONTRACTOR).
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:
The construction of approximately 1073.4 square yards of
reinforced concrete lining of drainage ditch, with other
appurtenant construction, complete in place.
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
(but not as a penalty) CONTRACTOR shall pay OWNER one hundred
fifty and no/100 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,
EXHIBIT A
CONTRACTOR shall pay OWNER fifty and no/100
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, No progress payments will be
made on this project. One payment, Final Payment,
will be made upon the satisfactory completion of
the project.
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
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 condi tions 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 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, 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 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.
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 19 to 25, 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 -11- to ~ inclusive).
8.6 Supplementary Conditions (pages -21- to ~,
inclusive).
8.7 Specifications bearing the title Drainaae Improvements
on Big Sandy Creek Tributary #4 Station 109 + 80 to
Station 110 + 98 Tributary #6 Station 19 + 20 to
Station 19 + 51.25 and consisting of 4 divisions
and 87 pages, as listed in table of contents thereof.
8.8 Drawings, consisting of a cover sheet and sheets numbered
1 through 3 , inclusive with each sheet
bearing the following general title: Drainage Improvements on
Big Sandy Creek Tributary #4 Station 109 + 80 to Station 110
+ 98 Tributary #6 Station 19 + 20 to Station 19 + 51.25
, inclusive.
8.9 Addenda numbers
to
8.10 CONTRACTOR's Bid (pages 10 to 15 , 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.
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.
92. 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 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 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.
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
.19
OWNER CITY OF PARIS
CONTRACTOR
Jerry B. Stephens
BY
Eric S. Clifford, Mayor
By
(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 S. 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
, 19
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 Jerry B. Stephens , d/b/a
of Stephens & Sons Concrete Contractor, 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
, 19
Notary Public, State of Texas
Printed Name:
My commission expires: