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2004-001-PEDCR PARIS ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 2004-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE FURNISHING AND DELIVERY OF LABOR, MATERIALS, AND EQUIPMENT AND FOR PERFORMING ALL WORK REQUIRED FOR THE CONSTRUCTION OF HEARNE STREET FROM 1ST STREET S. W. TO 4TH STREET S.W., SUBJECT TO AND CONDITIONED UPON APPROVAL BY THE PARIS CITY COUNCIL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Pace Group did, in its Business Retention Survey and Flexible Incentive Plan for the City of Paris, dated May 12, 1994, bring to the attention of the Paris Economic Development Corporation the concern regarding access roads to Delta Logistics and Rodgers- Wade Manufacturing; and, WHEREAS, the current route used to access Delta Logistics, Rodgers-Wade Manufacturing, and warehouses in the vicinity thereof is through residential areas on streets which do not provide adequate turning space for large trucks; and significant amounts of traffic by large vehicles through residential areas not only causes deterioration to the streets but detracts from the comfort of the inhabitants of the neighborhood because of the considerable noise generated by such vehicles; and, WHEREAS, the Board of Directors of the Paris Economic Development Corporation (PEDC) deems it appropriate that the PEDC extend Hearne Street from 1st Street S. W. to 4th Street S.W. for the project entitled "PEDC Hearne Street Extension, 1999," up to the amount of $265,000.00, in order to provide an adequate route for large vehicles traveling to Rodgers-Wade and the warehouses in the vicinity thereof and to alleviate the noise and road deterioration caused by large vehicles traveling through residential areas; and, WHEREAS, the Board of Directors of the Paris Economic Development Corporation (PEDC) did heretofore, on the 13th day of September, 1999, in Resolution No. 99-007, amended by Resolution No. 99-009 on the 29th day of November, 1999, authorize the extension of Hearne Street from 1st Street S.W. to 4th Street S.W. for the project entitled "PEDC Hearne Street Extension, 1999," at a cost not to exceed $265,000.00, to be funded from the Paris Economic Development Corporation Undesignated Fund Balance; and, WHEREAS, the Director of Economic Development did heretofore advertise for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the construction of Hearne Street from 1st Street S.W. to 4th Street S.W., which bids were received until 10:00 o'clock a.m., Tuesday, the 30th day of December, 2003; and, WHEREAS, construction of said street improvements will be upon right-of-way owned by the City of Paris, and award of bids for construction of same should be conditioned upon approval by the Paris City Council and subject to inspection by City inspectors; and, WHEREAS, the best bid for such construction was made by Stephens and Sons Concrete Contractors, Inc. 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 President of the Board should be authorized to execute the same, subject to and conditioned upon approval by the Paris City Council; NOW, THEREFORE, BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT CORPORATION: 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 Stephens and Sons Concrete Contractors, Inc. for the construction of Hearne Street from 1st Street S.W. to 4th Street S.W., in the amount of $238,321.02, be, and the same is hereby, accepted and let subject to and conditioned upon approval by the Paris City Council, and 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 Stephens and Sons Concrete Contractors, Inc., attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That, subject to and conditioned upon approval by the Paris City Council, the President of the Board be, and he is hereby, authorized and directed to execute, on behalf of the Paris Economic Development Corporation, the contract with Stephens and Sons Concrete Contractors, 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 its date of passage. PASSED AND APPROVED this 20th day of January, 2004. Don Wall, President ATTEST: Richard Severson, Secretary-Treasurer APPROVED AS TO FORM: Larry W. Schenk, City Attorney AGREEMENT . TIllS AGREEMENT is dated as of the ________ day of ________ in the year 200--, by and between the Paris Economic Development Corporation (hereinafter called OWNER) and ________ (hereinafter called CONTRACTOR). 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 Project is generally described as foUows: Hearne Street Extension - First to Fourth Southwest Article 2. ENGINEER The Project has been designed by Hayter Engineering, Inc., 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 135 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 5230 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 20 -- . . . 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%, 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: 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 studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions, if any, which are contained or identified in the Contract Documents, and accepts the determination set forth in the Contract Documents of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. . 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) aU such examinations, investigations, explorations, tests, reports and studies in addition to, or to 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 b~ 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 all 21 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 wilt 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. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of 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. 7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions included in the Supplementary Conditions. 7.8 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 Schedule, Advertisement, and Information or Instructions to Bidders 8.3 Performance and Payment Bonds 8.4 Notice of Award and Notice to Proceed 8.5 General Conditions and modifications thereto, if any, such are included. 8.6 Supplementary Conditions 8.7 Technical Specification prepared or issued by Hayter Engineering, Inc. dated September 2003. 8.8 Drawings, consisting of sheets numbered ___ through ___ inclusive with each sheet bearing the following general title: "Hearne Street Extension For the Paris Economic Development Corporation" 22 8.9 Addenda numbers ___ to ___ inclusive. 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as _____________. 8.11 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 9.1 Terms used in the Agreement, which 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 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. 9.3 OWNER and CONTRACTOR each binds himself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS None. 23 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________________, 200_, OWNER: CONTRACTOR: By: By: (Corporate Seal) (Corporate Seal) Attest: Attest: Address for giving notices: Address for giving notices: 24