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2007-126-RES-Rescinding resolution No. 2007-063 and contract award to C& C construction company for the contract for the replacement of concrete curb and gutters, driveways and sidewalks in the City of Paris and awarding the contract to Hilliard & Sons coRESOLUTION NO. 2007-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RESCINDING RESOLUTION N0. 2007-063 AND CONTRACT AWARD TO C & CONSTRUCTION COMPANY FOR THE CONTRACT FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAYS AND SIDEWALKS IN THE CITY OF PARIS AND AWARDING THE CONTRACT TO HILLIARD & SONS CONTRACTORS, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the "Curb and Gutter, Driveway, and Sidewalk Replacement Project," which bids were received until 3:00 o'clock P.M., Thursday, the 31 st day of May, 2007; and, WHEREAS, on June 25, 2007, by Resolution No. 2007-063 the City Council awarded the contract for said project to C and Construction Company, Dallas, Texas; and, WHEREAS, C & Construction Company was unable to obtain performance and payment bonds for the project which was a requirement of the Invitation to Bid and Contract; and, WHEREAS, the next lowest responsible bid received by the City for the project was made by Hilliard and Sons Contractors, Inc., 4735 Lamar Ave., Paris, Texas 75460, and the contract should be awarded to Hilliard and Sons Contractors, Inc. accordance with the unit prices bid and the other terms and conditions set out in the bid documents attached hereto as Exhibit A; and, 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 Resolution No.2007-Ob3 and the award of contract for the "Curb and Gutter Driveway and Sidewalk Replacement Project" is hereby rescinded. Section 3. That the bid of Hilliard and Sons Contractors, Inc., 4735 Lamar Ave., Paris, Texas, for the "Curb and Gutter, Driveway and Sidewalk Replacement Project" is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for this project is hereby let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents attached hereto as Exhibit A. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of October, 2007. ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: ~r ~ ~~tr- J sse Jame reelen, Mayor W. Kent McIlyar, City Attorney AGREEMENT FOR REPLACEMENT OF CURB & GUTTER, DRIVEWAYS AND SIDEWALKS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Construction Agreement is made and entered by and between Hilliard and Sons Contractors, Inc., 4735 Lamar Ave, Paris, Texas 75462, a Texas Corporation (hereinafter referred to as "Contractor') and the City of Paris, Texas, ahome-rule municipal corporation (hereinafter referred to as "City") to be effective from and after the date herein provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be October 8, 2007. II. CONTRACT DOCUMENTS That the contract documents which are hereby made a part of this Agreement by the actual attachment or by this reference hereto are as follows: Exhibit A Bid Proposal and Specifications Exhibit B Invitation to Bid Exhibit C Bid Form and Proposal submitted by Contractor III, THE WORK Contractor shall provide all labor, supervision, materials and equipment necessary to replace curb and gutter, driveways and sidewalks in the City of Paris in accordance with the Bid Proposal and Specifications attached hereto as Exhibit "A", together with those which may be issued as supplements thereof, the Invitation to Bid attached hereto as Exhibit "B",and the Contractor's Bid Form and Proposal attached hereto as Exhibit "C";provided, however, that in the event of a perceived conflict or ambiguity, the provisions of this Agreement, the Bid Proposal and Specifications, the Invitation to Bid and Contractor's Bid Form and Proposal shall control, in that order. IV. TERMITIME OF COMPLETION Contractor shall commence work under this contract within three (3) business days following receipt of a Notice to Proceed or work order from the City. Contractor agrees to complete all work called for under this agreement in a professional and timely fashion and in accordance with the work orders received. Page 1 of 5 EXHIBIT g. V. PAYMENT The City shall pay Contractor in current funds for work completed and accepted by the City in accordance with the terms of this Agreement. This is a unit price contract and Contractor shall be entitled to payment for quantities completed and accepted by the City at unit prices submitted by Contractor in Contractor's proposal attached hereto as Exhibit "C". Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and the City recognize that the continuation of any contract after the close of any given fiscal year of the City of Pans, which fiscal year ends on September 30th of each year, shall be subject to Pans City Council approval. In the event that the Paris City Council does not approve the appropriation of funds for this Contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. VI. INSURANCE AND INDEMNIFICATION That Contractor must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of: Contractor, its agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with the City, its elected officials, officers and employees listed as additional insured, subject to approval by the City Attorney of the City of Paris, and Contractor or its insurance carrier or careers shall deliver a copy of any such policies to the City Clerk of the City of Paris,1501 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that City, its elected officials, officers and employees as an additional insured. All such policies shall be written so that the City will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certifed mail, return receipt requested, addressed to the City at the following address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. The Contractor and his sureties shall indemnify, defend and hold the City, its elected officials, officers and employees harmless from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act or fault of the Contractor, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the Contractor to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost, which may be obtained against the OWNER growing out of such injury or damage. The Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the OWNER from and against any and all injuries, loss ordamages to property of the OWNER during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with Page 2 of 5 or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the City, VII. PERFORMANCE AND PAYMENT BONDS With the execution and delivery of the contract, Contractor shall furnish and file with the City in the amounts herein required, performance and payment bonds in accordance with the provisions of Article 5160, Revised Civil Statutes of Texas, as amended and Article 7.19-1 of the Insurance Code, as amended. The sureties shall be listed in the most current Federal Register Treasury List. The City reserves the right to reject any and all sureties. VIII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of Contractor, and that Contractor shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of City. IX. TERMINATION City shall have the right to unilaterally terminate this agreement at any time and for any reason upon thirty (30) days written notice to Contractor. X, CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION The parties agree that the laws of the State of Texas shall apply to this Agreement, and that it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas, XI. ENTIRE AGREEMENT; AMENDMENTS; SUCCESSORS AND ASSIGNS This Construction Agreement, including the Contract Documents listed in Paragraph I above, represent the entire and integrated agreement between City and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Construction Agreement may be amended only by written instrument signed by both City and Contractor. This Construction Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. Page 3 of 5 IN WITNESS WHEREOF, the parties have executed this Construction Agreement upon the year and date indicated below their signatures hereto, By: ATTEST; Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mcllyar, City Attorney CITY OF PARIS, PARIS, TEXAS Jesse James Freelen, Mayor Hilliard and Sons Contractors, Inc,, CONTRACTOR By: Title: Page 4 of 5 ACKNOWLEDGMENTS BEFORE ME, the undersigned authority, on this day personally appeared Jesse James Freelen, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose same 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 , 2007. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared , of Hilliard and Sons Contractors, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same forthe purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2007. Notary Public, State of Texas Page 5 of 5