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2007-053 RES-Accepting the bid of B. Bray Construction and awarding a contract in the amount of $170,370.00 for the construction of wastewater system improvements for Phase 2RESOLUTION N0. 2007-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID OF B. BRAY CONSTRUCTION AND AWARDING A CONTRACT IN THE AMOUNT OF $170,370.00 FOR THE CONSTRUCTION OF WASTEWATER SYSTEM IMPROVEMENTS FOR PHASE 2 OF THE TEXAS DEPARTMENT OF TRANSPORTATION PINE MILL ROAD AND LOOP 286 NE GRADE SEPARATION PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris did advertise for bids on April 8, 2007 for furnishing, labor, materials, and equipment and for performing all work required for the Wastewater System Improvement Project -Phase 2 as a part of the Texas Department of Transportation's Pine Mill Road & NE Loop 286 Grade Separation Project, which bids were received until 3:00 o'clock p.m., Thursday, the 19th day of April, 2007; and, WHEREAS, the bid submitted by B. Bray Construction was determined to be the lowest responsible bid providing best value to the City of Paris, Texas, and it should be awarded the bid for the same; and, WHEREAS, the form of the contract for such construction project, attached hereto as Exhibit A, should in all things be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the bid of B. Bray Construction for the "Wastewater System Improvement Project -Phase 2" as a part of the Texas Department of Transportation's Pine Mill Road & NE Loop 286 Grade Separation Project" in the amount of $170,374.00, 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. Section 3. That the form of the contract with B. Bray Construction, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with B. Bray Construction, upon the terms and conditions substantially in accordance with the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 14th day of May, 2007. ,~ , y~. Richard Manning, Mayor ATTEST: ice Ellis, City Cler APPROVED AS TO FORM: W. Kent ar, City Attorney AGREEMENT THIS AGREEMENT is dated as of the 14th day of May in the year 2007 by and between the City of Paris (hereinafter called OWNER) and B. Bray Construction Co., Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follow: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work project is generally described as follows: Construction of approximately 2025 LF 18" cavity sewer, l0 fiberglass manholes, 1 concrete manhole 3 single sewer services and all misc asphalt repairs and misc items on bid documents not listed. Article 2. ENGINEER The Project has been designed by The City of Paris Engineering Department, Paris, Texas, who is hereinafter called 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 and ready for final payment within 120 calendar days from the date when the Contract Time commences to run, as provided in the General Conditions. 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 above, plus any extensions thereof allowed in accordance with 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 $500 for each calendar day that expires after the time specified. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds as follows: At the unit prices shown on the Unit Price Bid Schedule included in the Contract Documents. EXHIBIT A Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the General Conditions. The OWNER shall retain 10% of the amount of each payment until final completion and acceptance of all work covered by the contract documents. When the work is substantially complete, the retained amount may be reduced to 5°/0, at the OWNER' S discretion. Article 6. INTEREST If the contract amount of this contract is less than $400,000, no interest will be paid to the CONTRACTOR on retained money. When the contract amount exceeds $400,000, no interest will be paid unless required by law. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: CONTRACTOR has familiarized himself 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. 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 supplement, those referred to 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, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are, or will be, required by CONTRACTOR for such purposes. 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 all Underground Facilities, whether indicated in the Contract Documents, or not. 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. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports an studies with the terms and conditions of the Contract Documents. 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. CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions included in the Supplementary Conditions. CONTRACTOR certifies that they are eligible to be awarded government contracts. CONTRACTOR also certifies that any agreement entered into with a subcontractor will contain a clause stating that the subcontractor is eligible to be awarded government contracts. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: This Agreement Bid and Bid Form, Advertisement, and Information or Instruction to Bidders Performance, Payment Bonds, and Receipt for Payment and Release of Liens Notice of Award, Notice to Proceed, and Statement of Bidders's Qualifications General Conditions and modifications thereto, if any, such are included Specifications prepared or issued by City of Paris Engineering Department, dated July 2006. Drawings, consisting of sheets numbered 1 through 5, inclusive with each sheet bearing the following general title: Wastewater Improvements (Pine Mill Road & NE Loop 286) Addenda numbers NIA to ,inclusive. Documentation submitted by CONTRACTOR prior to Notice of Award, identified as Statement of Bidders Qualifications. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments, change orders, and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. 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 the General Conditions. Article 9. MISCELLANEOUS Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 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, monies that may become due and monies 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. OWNER and CONTRACTOR each binds himself, its partners, successors, assigns, and legal representatives 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 multiple copies. 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 May 14th, 2007. OWNER: City of Paris CONTRACTOR: B. Bray Construction Co., Inc. By: (Corporate Seal) Attest: By: (Corporate Seal) Attest: Address for giving notices: Address for giving notices: