2002-129-RES AWARD BID/AUTHORIZE EXECUTION OF CONTRACT FOR CONSTRUCTION OF ANIMAL SHELTER
RESOLUTION NO. 2002-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE CONSTRUCTION OF THE
CITY OF PARIS ANIMAL SHELTER; 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, on the 14th day of
January, 2002, in Resolution No. 2002-006, approve the advertisement for bids for furnishing
plant, labor, materials, and equipment, and for performing all work required for the City of Paris
Animal Shelter, which bids were received until 3:00 o'clock p.m., Tuesday, the 6th day of
August, 2002; and,
WHEREAS, the best bid for such construction was made by Reeves Construction Services,
Inc. of Mesquite, 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, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the bid of Reeves Construction Services, Inc. for the construction of the
City of Paris Animal Shelter, in the amount of $441,500.00, 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 Reeves Construction Services, Inc., 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 Reeves Construction Services, Inc., 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 12th day of August, 2002.
ATTEST:
~.... it. ~~~_..... ....~
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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el J. Pti ter ayor
AGREEMENT
THIS AGREEMENT is dated as of the 12th day of August in the year 2002 by and between the City
of Paris (hereinafter called OWNER) and Reeves Construction Services, Inc. (hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration ofthe 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:
Article 2. ARCHITECT
The Project has been designed by William M. Lightfoot AIA, Architect, Paris, Texas, who is
hereinafter called ARCHITECT and who is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ARCHITECT in the Contract
Documents in connection with completion ofthe 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 250
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
ofthis 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 $150 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.
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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 ARCHITECT, as provided in the General Conditions.
The OWNER shall retain 10% ofthe 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 maybe reduced to 5%, 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 th following
representations:
7.1 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.
7.2 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.
7.3 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.
7.4 CONTRACTOR has correlated the results of all such observations, examinations,
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investigations, explorations, tests, reports an studies with the terms and conditions of the
Contract Documents.
7.5 CONTRACTOR has given ARCHITECT written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ARCHITECT is acceptable to CONTRACTOR.
7.6 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions
included in the Supplementary Conditions.
7.7 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:
8.1 This Agreement
8.2 Bid and Bid Form, Advertisement, and Information or Instruction to Bidders
8.3 Performance, Payment Bonds, and Receipt for Payment and Release of Liens
8.4 Notice of Award, Notice to Proceed, and Statement of Bidders's Qualifications
8.5 General Conditions and modifications thereto, if any, such are included
8.6 Specifications prepared or issued by William M. Lightfoot, AlA, Architect, dated July, 2002.
8.7 Drawings, consisting of sheets numbered 1 through 11, inclusive with each sheet bearing the
following general title: Animal Shelter, City of Paris.
8.8
Addenda numbers
to
, inclusive.
8.9 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as
8.10 The following, which may be delivered or issued after the Effective Date ofthe 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.
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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
9.1 Terms used in this Agreement that 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 ofthe 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 ofthis
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 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 ARCHITECT.
All portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or by ARCHITECT on their behalf.
This Agreement will be effective on August 12,2002.
OWNER: CITY OF PARIS,
PARIS, TEXAS
CONTRACTOR: REEVES
CONSTRUCTION SERVICES, INC.
By:
Name:
Title:
By:
Michael J. Pfiester, Mayor
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ATTEST:
ATTEST:
Mattie Cunningham, City Clerk
Secretary
APPROVED AS TO FORM:
(SEAL)
Larry W. Schenk, City Attorney
Address for giving notices:
P.O. Box 9037
Paris. Texas 75461-9037
Address for giving notices:
4111 U. S. Highway 80 East
Mesquite. TX 75150
License No.
Agent for service of process:
STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, this undersigned authority, on this day personally appeared Michael J.
Pfiester, Mayor ofthe 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 12th day of August, 2002.
Notary Public, State of Texas
Printed Name:
My commission expires:
STATE OF TEXAS )
COUNTY OF )
BEFORE ME, the undersigned authority, on this day personally appeared
(Name), (Title) of Reeves Construction
19.1
Services, Inc., known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he/she 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
, 2002.
Notary Public, State of Texas
Printed Name:
My commission expires:
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