2009-072-RES-Approving the bid and awarding the contract for the water and wastewater capital improvements phase II to B. Bray construction co.RESOLUTION NO. 2009-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING THE BID AND AWARDING THE CONTRACT FOR THE WATER AND
WASTEWATER CAPITAL IMPROVEMENTS PHASE II 2009, TO B. BRAY
CONSTRUCTION COMPANY, 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
"Water and Wastewater Capital Improvements Phase II 2009" which consists of replacement of the
Culbertson Street Water Line, the Cleveland Street Sewer Line and the Washington Street Sewer Line,
which bids were received until 3:00 o'clock P.M., Tuesday, the 30th day of June, 2009; and,
WHEREAS, the lowest responsible bid for all three projects was made by B. Bray Construction
Company, Inc., P. 0. Box 6365, Paris, Texas 75461, and the contract should be awarded to B. Bray
Construction Company, Inc. in 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 the bid of B. Bray Construction Company, Inc., P. 0. Box 6365, Paris, Texas
for the "Water and Wastewater Capital Improvements, Phase II 2009" 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 agreement and bid documents attached hereto as Exhibit A and providing all required
performance and payment bonds and insurance certificates as required.
Section 3. That the City Manager be and he is hereby authorized and directed to execute
on behalf of the City of Paris an Agreement for the replacement the Culbertson Street Water Line, the
Cleveland Street Sewer Line and the Washington Street Sewer Line with B. Bray Construction
Company, Inc. in the form attached hereto and incorporated herein as Exhibit A.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSEI2 AND APPROVED this 13rd day of July, 2409.
ATTEST:
~
ice Ellis, City Clerk
esse Jares Freelen, Mayor
APPROVED AS TO FORM:
W. Kent McIlyar City A orney
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year 2009, by and
between the City of Paris (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 Work project is generally described as follows:
2008-2009 Budget Year
Water and Wastewater Capital Improvements
HEI #180037-28B
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 105 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 $115 for each 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:
EXHIBIT A- 21
At the unit prices shown on the Unit Price Bid Schedule included in the Contract
Documents.
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) all 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 be, required by
CONTRACTOR for such purposes.
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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
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.
7.5 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 VJork, 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 May
2009.
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8.8 Drawings, consisting of sheets numbered _ through inclusive with each sheet
bearing the following general title:
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.
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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
O WNER:
City of Paris
By:
Mayor
(Corporate Seal)
Attest:
Address for giving notices:
135 SE 1S` Street
Paris, TX 75460
200
CONTRACTOR:
By:
(Corporate Seal)
Attest:
Address for giving notices:
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