2001-068-RES AWARDING BID/AUTHORIZING EXECUTION OF AGREEMENT FOR PREPARATION OF SITE WORK AROUND NEW 7 UNIT NESTED T-HANGAR AT COX FIELD AIRPORT
RESOLUTION NO. 2001-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR PREP ARA TlON OF SITE WORK
AROUND THE NEW SEVEN (7) UNIT NESTED T-HANGAR AT COX
FIELD AIRPORT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris did heretofore advertise for bids for furnishing labor,
materials, and equipment, and for performing all work required for preparation of site work around
the new seven (7) unit nested T-hangar at Cox Field Airport, which bids were received until 3:00
o'clock P.M., Tuesday, the 8th day of May, 2001; and,
WHEREAS, the lowest and best bid for such construction was made by Richard Drake
Construction Company of Powderly, Texas, and said contractor should be awarded the bid for the
same; 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 should be authorized to execute the
same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Richard Drake Construction Company for the "Cox Field Airport
Preparation of Site Work Around Seven (7) Unit Nested T-Hangar Project" in the amount of
$95,745.00, 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 agreement with Richard Drake Construction Company,
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
ofthe City of Paris, the agreement with Richard Drake Construction Company, upon the terms and
conditions and in 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, 2001.
ATTEST:
.~
~~~.. ...~ 0...;)
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
$-~/,
Michael J. Pfieste ay
AGREEMENT
THIS AGREEMENT is dated as of the 14th day of Mav
between City of Paris, Paris, Texas, (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
in the year 20Q..L by and
Richard Drake Construction
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:
PREPARATION OF SlTE WORK AROUND NEW 7 UNIT NESTED T-HANGAR
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
PREPARATION OF SITE WORK AROUND NEW 7 UNIT NESTED T-HANGAR
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 ...l!ill- 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 210 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
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EXHIBIT A I
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/lOO 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/I00 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 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.
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 may withhold, 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 required by law.
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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
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 rnay
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 f 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.
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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
to
, inclusive.)
8.3
Performance and other Bonds, identified as exhibits
pages.
and consisting of
8.4 Notice of Award.
8.5 General Conditions (pages 32 to 62 inclusive).
8.6 Supplementary Conditions (pages 63 to 74 ,inclusive).
8.7 Specifications bearing the title PREPARATION OF SITE WORK AROUND NEW 7 UN1T
NESTED T-HANGAR and consisting of_divisions and _ pages, as listed in table of
contents thereof.
8.8 Drawings, consisting of a cover sheet and sheets numbered 1 through~, inclusive
with each sheet bearing the following general title: Long Avenue, Paving, Water and Sewer.
8.9 Addenda numbers l to _, inclusive.
8.10 CONTRACTOR's Bid (pages.lQ... to..lQ.., 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.
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Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article
I 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
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IN WI1NESS 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
.2001
OWNER CITY OF PARIS
CONTRACTOR (type business name)
BY
By
, Mayor
(type signature name)
(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:
Larry W. Schenk, City Attorney
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STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, this undersigned authority, on this day personally appeared
. 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
,2001.
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 UNDER MY HAND AND SEAL OF OFFICE this _ day of
2001.
Notary Public, State of Texas
Printed Name:
My commission expires:
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