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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: ~~.;;( 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. 16 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, 17 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. 18 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 19 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: 19.2