22-Move to approve a resolution awarding the bid for materials of the ORCA grantCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
08/04/2009
Engineering, Planning
Shawn Napier, P.E. City Engineer
Council Date:
& Development
/Director of Public Works
22.
08/ 10/2009
RECOMMENDED MOTION:
Move to approve a resolution awarding the bid for materials to Underground Utilities for the Office of
Rural Community Affairs (ORCA) Small Towns Environment Program (STEP) Grant for water line
replacements in the Belmont and Fairfax area in the amount of $56,663.44 and authorizing the City
Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Contract
BACKGROUND:
We received our $180,833 award notification on September 25, 2008 from ORCA. We received two
valid bids for this materials only project. Bids were opened on Tuesday July 28`h at 3:00 P.M. The City
of Paris has submitted a request to the Office of Rural Community Affairs for the release of Community
Development Block Grant funds to undertake a project known as 2008 TXCDBG Small Towns
Environment Program contract #728056. This grant will provide water improvements for 106 persons,
of which 83 or are of low to moderate income with improvements along Fairfax St. from NE 1 lt' St to
NE 17`h St, Belmont St. from NE 11 th St. to NE 17`" St., NE 12I" St. from Tudor St. to Grove St., and NE
13th St. from Tudor St. to Grove St.. Volunteers in the North Central Paris area shall improve water
service by replacing undersized and/or deteriorated cast-iron water distribution lines.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, Bid Tabulation, and Map of Replacement Area
ACTION:
BUDGET INFO:
Grant
❑ Financial Report ❑ Minute Order
Expense
$ 56,663.44 (all Reimbursable)
❑ Department Report Z Resolution
Budgeted Amt.
$ 0.00
❑ Presentation ❑ Ordinance
y'I'D Actual
$ 0
00
.
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fite
❑ Municipal Court 0 Legal ❑ Libtary ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris -17 3 Revised 2/04/08
DRAFT
attorney\reswork\current\Award Bid Materials - ORCA STEP - Waterline Projed 2009
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE
OF MATERIALS FOR WATER SYSTEM IMPROVEMENTS I1V THE AMOUIVT OF
$56,663.44, FOR USE IN THE WATERLINE REPLACEMENT PROJECT IN THE
BELMONT AND FAIRFAX AREAS OF THE CITY OF PARIS, FUNDED BY THE TCD
BLOCK GRANT PROGRAM THROUGH THE OFFICE OF RURAL COMMUNITY
AFFAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS RELATED TO MAKIIVG OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on September 24, 2007, the City Council of the City of Paris by Resolution No.
2007-117, approved the submission of an application to the Texas Community Development
Block Grant Program through the Office of Rural Community Affairs for a grant for Water and
Sewer Line Replacement in the City of Paris and was awarded said grant; and,
WHEREAS, by Invitation to Bid the Ciry of Paris solicited bids for materials as specified in
the bid documents attached hereto as Exhibit A, to be used for the Waterline Replacement
Project in the Belmont and Fairfax areas of the City of Paris, said bids were received by the City
of Paris at City Hall, 135 1St Street SE, Paris, Texas until 3:00 p.m. July 28, 2009 at which time bids
were opened and read aloud; and,
WHEREAS, the lowest responsible bid received for the materials for the waterline
replacement project was made by Underground Utilities, P. 0. Box 8020, Longview, Texas 75607,
in the amount of $56,663.44, and the City Manager should be authorized to execute any and all
necessary documents related to the purchase of said materials.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL OF THE CITY OF 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 Underground Utilities for the furnishing and delivery
materials for the Waterline Replacement Project in the Belmont and Fairfax areas of the City of
Paris, in the amount of $56,663.44, is hereby accepted and let conditioned upon said vendor
meeting all of the terms and specifications included in the bid documents, attached hereto as
Exhibit A, and that the City Manager be, and he is hereby authorized to execute any and all
necessary documents related to the purchase of said materials.
Section 3. That this resolution shall be effective from and after its date of passage.
M t/ -17~
PASSED AND APPROVED this 10th day of August, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
,to" 175
p
I ADVERTISEMENT FOR BIDS
~ Project No.: ORCA STEP #728056
Project: Materials Procurement for Water System Improvements
~ Owner: City of Paris
~ Sealed bids for the supply and delivery of approximately 4,769 LF of 6" C-900 DR 18 PVC, 550
LF of 6" restrained joint C-900 DR 18 PVC, and appurtenant materials for water system
improvements will be received by the City of Paris at the office of City Hall, 135 SE lst St.,
~ Paris, TX 75460 until 3:00 p.m. July 28, 2009, at which time bids will be publicly opened and
read aloud.
~ The Plans, Specifications; and other Contract Documents may be examined at the following
places:
~ City Hall, 135 SE ls` St., Paris, TX 75460.
~ Hayter Engineering, Inc., 4445 S.E. Loop 286, Paris, TX 75460, 903-785-0303.
McGraw-Hill Dodge, 9155 Sterling Dr., Suite 160, Irving, TX 75063.
~ Copies of the Procurement Documents may be obtained from Hayter Engineering, Inc., at the
above address upon the payment of $30 (payable to Hayter Engineering, Inc.) for each set. The
~ ENGINEER shall refund $10 per complete set of Procurement Documents that are returned in
good condition to the ENGINEER within 30 days after the date bids are received.
~ The OWNER reserves the right to waive any informalities or to reject any or all bids.
All bids shall remain good and may not be withdrawn for 60 calendar days after the actual date
~ of the opening thereof.
This project is funded in part by a grant from the Office of Rural Community Affairs.
~ Dated: 7/7/09 and 7/14/09 CITY OF PARIS
I
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EXHIBIT g
-176 1
INSTRUCTIONS TO BIDDERS
~ 1. Defined Terms
Terms used in these Instructions to Bidders, which are defined in the Procurement
~ General Conditions, EJCDC Document 1910-26-B (1981 edition), have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits a
' Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The
~ term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder
to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an
i
award. The term "Bidding Documents ncludes the Advertisement or Invitation to Bid,
~ Instructions to Bidders, the Bid Form, and the proposed Procurement Documents
(including all Addenda issued prior to receipt of Bids).
~ 2. Copies of BiddingLDocuments
2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any,
~ stated in the Advertisement or Invitation to Bid may be obtained from Engineer.
2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
~ Engineer assume any responsibility for errors or misinterpretations resulting from the use
of incomplete sets of Bidding Documents.
~ 2.3. Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids for Materials and do not confer a
~ license or grant for any other use.
3. Qualifications of Bidders
~ To demonstrate qualifications to furnish the Materials, each Bidder must be prepared to
submit, within five days of Owner's request, written evidence, such as financial data,
~ previous experience, present commitments, and evidence of Bidder's qualification to do
business in the state where the Project is located.
~ 4. Examination of Documents
4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the
~ Procurement Documents thoroughly, (b) consider federal, state and local Laws and
Regulations that may affect cost, progress, performance or furnishing of the Materials, (c)
study and carefully correlate Bidder's observations with the Procurement Documents, and
~ (d) notify Engineer of all conflicts, errors or discrepancies in the Procurement
Documents.
~ 4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, and that the Procurement
~
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Documents are sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance and furnishing the Materials.
~ 5. Intemretations and Addenda
5.1. All questions about the meaning or intent of the Procurement Documents are to be
~ directed to Engineer in writing. Interpretations or clarifications considered necessary by
Engineer in response to such questions will be issued by Addenda mailed or delivered to
~ all parties recorded by Engineer as having received the Bidding Documents. Questions
• received less than five days prior to the date for opening of Bids may not be answered.
Only questions answered by formal written Addenda will be binding. Oral and other
~ interpretations or clarifications will be without legal effect, whether by Engineer, or by
any officer, agent, or employee of Owner or Engineer, or any other person.
' 5.2. Addenda may also•be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
6. Bid Security
6.1. A bid bond is not required.
Contract Time
See applicable provisions of the Procurement Agreement and the Procurement General
Conditions.
1 8. Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Procurement Agreement.
9. Substitute or "Or-Equal" Items
~ The Contract, if awarded, will be on the basis of materials and equipment described in the
drawings or specifications without consideration of possible substitute or "or-equal"
items. Whenever it is indicated in the Drawings or specified in the Specifications that a
~ substitute or "or-equal" item of material or equipment may be furnished or used by
Contractor if acceptable to Engineer, application for such acceptance will not be
considered by Engineer until after the Effective Date of the Agreement. The procedure
~ for submission of any such application by Contractor and consideration by Engineer is set
forth in paragraphs 7.3, 7.3.1, and 7.3.2 of the Procurement General Conditions, which
~ may be supplemented in the Procurement General Requirements.
E
3
~ -,--178
10. Bid Form
10.1 The Bid Form is included with the Bidding Documents; additional copies may be
obtained from Engineer.
10.2 All blanks on the Bid Form must be completed in ink or by typewriter.
10.3 Bids by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal must be affixed and attested by the secretary or an assistant secretary.
The corporate address and state of incorporation must be shown below the signature.
10.4 Bids by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership
must be shown below the signature.
10.5 All names must be typed or printed below the signature.
10.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of
which must be filled in on the Bid Form).
10.7 The address and telephone number for communications regarding the Bid must be shown.
11. Submission of Bids
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation
to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title
(and, if applicable, the designated portion of the Project for which the Bid is submitted)
and name and address of the Bidder and accompanied by other required documents. If
the Bid is sent through the mail or other delivery system, the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.
12. Modification and Withdrawal of Bids
12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are to be
submitted at any time prior to the opening of Bids.
12.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of
Owner that there was a material and substantial mistake in the preparation of its Bid, that
Bidder may withdraw its Bid. Thereafter, that Bidder will be disqualified from further
bidding on the Materials to be provided under the Procurement Documents.
w -l?9 4
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' 13. 0 enin of Bids
Bids will be opened and read aloud publicly. A tabulation of the Bids will be made
available to Bidders after the opening of Bids.
~ 14. Bids to Remain Subject to Acceptance
All bids will remain subject to acceptance for sixty days after the day of the Bid opening,
but Owner may, in its sole discretion, release any Bid prior to that date.
~ 15. Award of Contract
15.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not
involving price, and to negotiate contract terms with the Successful Bidder, and the right
to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also,
Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether because
~ the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or
fails to meet any other pertinent standard or criteria established by Owner. Discrepancies
~ in the multiplication of units of Materials and unit prices will be resolved in favor of the
unit prices. Discrepancies between the indicated sum of any column of figures and the
correct sum thereof will be resolved in favor of the correct sum.
~ 15.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements, and such alternates, unit prices and
~ other data, as may be requested in the Bid Form or prior to the Notice of Award.
15.3 Owner may consider the operating costs, maintenance requirements, performance data
~ and guarantees of items of materials and equipment when such data is required to be
submitted prior to the Notice of Award.
~ 15.4 Owner may conduct such investigation(s) as Owner deems necessary to assist in the
evaluation of any Bid to establish the responsibility, qualifications and financial ability of
Bidders, to furnish the Materials in accordance with the Procurement Documents to
~ Owner's satisfaction within the prescribed time.
15.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation
~ by Owner indicates to Owner that the award will be in the best interests of the Project.
15.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of
~ Award within sixty days after the day of the Bid opening.
16. Contract Security
Performance and payment bonds are not required.
I
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17. Siiznins of A2reement
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Procurement Agreement with all
other written Procurement Documents attached. Within ten days thereafter, Contractor
shall sign and deliver the required number of counterparts of the Procurement Agreement
with all other Procurement Documents attached, to Owner. Within ten days thereafter,
Owner shall deliver one fully signed counterpart to Contractor.
18. Prebid Conference
No prebid conference will be held.
19. Special Requirements
This procurement is exempt from Texas and local sales tax.
- %,---181
6
~ . BID FIECG'VED
PROJECT IDENTIFICATION: Materials Procurement for Water 5-%tea 8 2009
~ Improvements f..-t,y MANAM
- - "TEXAS
CONTRACT IDENTIFICATION
AND NUMBER: ORCA STEP #728056 and HEJ #180038
~ THIS BID IS SUBMITTED TO: City of Paris
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
~ agreement with OWNER in the form included in the Procurement Documents to perform
and furnish all Materials as specified or,indicated in the Procurement Documents for the
Contract Price and within the Contract Time indicated in this Bid and in accordance with
~ the other terms and conditions of the Procurement Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including, without limitation, those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for sixty days
after the day of Bid opening. BIDDER will sign and submit the Agreement and other
documents required by the Bidding Requirements within fifteen days after the date of
OWNER'S Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following
Addenda, receipt of all which is hereby acknowledged:
Number
Date
~y
1-Zz-°%
(b) BIDDER has familiarized itself with the nature and extent of the Procurement
Documents, Materials, and all local conditions and Laws and Regulations that in
any manner may affect cost, progress, performance or furnishing of the Materials.
(c) BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER.
" _ 18 2 7
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BIDDER will complete the Work for the following price(s):
BID SCHEDULE
ESTIMATED
, TOTAL
NO. DESCRIPTION QUANTITY
1. 6" C-900 DR 18 PVC. 4,769 LF
2. 6" Restrained joint C-900
DR 18 PVC.
3. 10" x 6" Tapping sleeve and valve,
with valve box; with restraint g:and.
4. 6" Tapping sleeve and valve, with
valve box, with restraint gland.
5. 6" Gate valve (MJ) with valve box
and restraint gland.
6. Fire hydrant.
7. Near side customer service transfer.
8. Far side customer service transfer.
9. Split-Tap customer service transfer.
10. Erosion control fence.
11. 6" Swivel tee (MJ) with restraint
glands.
12. 2" Harco cap with knuckle restraint.
13. 6" 90° (MJ) bend with restraint gland.
14. 6" Tee (MJ) with restraint gland.
15. Mechanical joint fitting spray-on
coating.
~
TOTAL BID PRICE:
Y"
550
4 EA
6 EA
22 EA
9 EA
24 EA
36 EA
2 EA
40 EA
LTNIT
PRICE
PRICE 7~
V
7
~
S-0
~
G✓
7
~
$ AV f
$
O
D✓
J
$
J
~
a
$ 1:~~"' ~
$
~
`i
30
v
✓
10 EA $ j~.~'
$
`
4 EA
2 EA
v
i
8 EA
a
24 CN $
$
~ -183
-
(USE WORDS)
(FIGU
RES)
5. BIDDER agrees that the Material will be delivered within 30 calendar days after
the date when the Contract Time commences to run, as provided in the
Procurement General Conditions. -
6. BIDDER accepts the provisions of the Agreement as to $20 per calendar day
liquidated damages in the event of failure to supply and deliver the Materials on
time.
7. Communications concerning this Bid shall be addressed to the address of
BIDDER indicated below.
8. The terms in thisBid which are defined in the Procurement General Conditions
,
included as part of the Procurement Documents have the meanings assigned to
them in the Procurement General Conditions.
SUBMITTED on , 20-02
---184
711
IF BIDDER IS:
~ An Individual: (Seal)
By
(Individual's Printed Name and Signature)
~ doing business as
' .
Business Address:
Phone Number:
~ x~******
A Partnership:
By (Seal)
, ~ _ ✓ (Name o ~
(General Partner'sVP ted Name and Signature)
Business Address: ~q ' ~ ~ i
Phone Number: ' -,a
A Corporation:
Name of Corporation:
State of Incorporation:
By
(Printed Name of Person Authorized to Sign and Signature)
(Title)
Attest: (Corporate Seal)
(Printed Name and Signature of Secretary)
Business Address:
Phone Number:
A Joint Venture:
By
Address:
By
Address:
(Printed Name and Signature)
Phone:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
(Printed Name and Signature)
Phone:
%,--185
AGREEMENT
THIS PROCUREMENT AGREEMENT is dated as of the l0ih day of August in he year 2009 by
and between the City of Paris (hereinafter called OWIVER) and Underground Utility Supply
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK
CONTRACTOR shall supply all Materials as specified or indicated in the Procurement
Documents. The Materials to be furnished are generally described as follows:
Materials Procurement for Water System Improvements
ORCA STEP #728056 and HEI #180038
Article 2. ENGINEER
The Materials have been specified 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 by OWNER in
connection with the furnishing of Materials in accordance with the Procurement Documents.
Article 3. POINT OF DELIVERY
The place where the Materials are to be delivered is the City back lot, 50 W. Hickory, Paris, TX
75460.
Article 4. CONTRACT TIME
4.1 The Materials are to be delivered to the point of delivery and ready for OWNER'S
acceptance of delivery:
on (or within a period of fifteen days prior to) the 30th (thirtieth) day after the date when
Contract Time commences to run as provided in paragraph 2.2 of the Procurement
General Conditions.
4.2 All Shop Drawings and samples required by the Procurement Documents will be
submitted to ENGINEER for review and approval:
within 7 days after the date when the Contract Time commences to run as provided in
paragraph 2.2 of the Procurement General Conditions.
4.3 Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the
essence of this Procurement Agreement and that OWNER will suffer financial loss if the
14
Materials are not delivered at the point of delivery ready for acceptance of delivery by
OWNER within the time specified in paragraph 4.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the Procurement General Conditions. They also
recognize that the timely performance of services by other parties involved in OWNER'S
project are materially dependent upon CONTRACTOR'S specific compliance with the
requirements of paragraph 4.1. Further, they recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual losses or
damages (including special, indirect, consequential, incidental and any other losses or
damages) suffered by OWNER if complete acceptable Materials are not delivered on
time. Accordingly, and instead of requiring proof of such losses or damages, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER $20 for each calendar day that expires after the time
specified in paragraph 4.1 for delivery of acceptable Materials.
Article 5. CONTRACT PIrICE
OWNER shall pay CONTRACTOR for furnishing of the Materials and for performing other
services in accordance with the Procurement Documents in current funds as follows:
At the unit prices shown on the Unit Price Bid Schedule included herein.
Article 6. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the
Procurement General Conditions. Applications for Payment will be processed by ENGINEER,
as provided in the Procurement General Conditions.
6.1 Progress Payments: OWNER shall make progress payments on account of the Contract
Price in accordance with paragraph 6.3 of the Procurement General Conditions on the
basis of CONTRACTOR'S Applications for Payment as follows:
6.1.1 Upon receipt of each Application for Payment submitted in accordance with paragraph
6.1 of the Procurement General Conditions and accompanied by ENGINEER'S
recommendation of payment in accordance with paragraph 6.2.1 of the Procurement
General Conditions, an amount equal to 95% of the Contract Price stated in the bid
schedule.
6.2 Final Payment: Upon receipt of the final application for Payment accompanied by
ENGINEER'S recommendation of payment in accordance with paragraph 6.6 of the
Procurement General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER.
Article 7. INTEREST
All monies not paid when due hereunder shall bear interest at the maximum rate allowed by law
at the place of OWNER'S project.
' 166 15
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Article 8. CONTRACTOR'S REPRESENTATIONS
~ In order to induce OWNER to enter into this Procurement Agreement, CONTR,ACTOR makes
the following representations:
~ 8.1 CONTRACTOR has familiarized himself with the nature and extent of the Procurement
Documents, and has given ENGINEER written notice of all conflicts, errors or
~ discrepancies that he has discovered in the Procurement Documents and the written
resolution thereof by ENGINEER is acceptable to the CONTRACTOR.
~ 8.2 CONTRACTOR has familiarized himself with all local conditions and federal, state and
local laws ordinances, rules and regulations that in any manner may affect the production
~ and delivery of the Materials and other services in connection therewith.
s
8.3 CONTRACTOR does not require additional information from OWNER or ENGINEER
~ to enable CONTR.ACTOR to furnish the Materials and other services at the Contract
Price, within the Contract Time and in accordance with the other terms and conditions of
the Procurement Documents, but subject to CONTRACTOR'S right to request
~ interpretations and clarifications in accordance with paragraph 9.2 of the Procurement
General Conditions.
I 8.4 CONTRACTOR has correlated the results of all such examinations, investigations, and
resolutions with the terms and conditions of the Procurement Documents.
~ Article 9. PROCUREMENT DOCUMENTS
The Procurement Documents, which comprise the entire agreement between OWNER and
~ CONTRACTOR, are attached to, or accompany this Procurement Agreement, and made a part
hereof and consist of the following:
1 9.1 This Procurement Agreement
92 Exhibits to this Procurement Agreement (Bid and Bid Schedule)
9.3 Advertisement for Bids and Instructions to Bidders
9.4 Notice of Award
9.5 Procurement General Conditions
~
9.6 Procurement Specifications bearing the title Materials Procurement for Water System
~ Improvements, ORCA STEP #728056.
9.7 Drawings, consisting of sheets numbers 1 through 12, entitled 2009 ORCA STEP
~ 9728056, Water System Improvements.
~ 16
9.8 Documentation submitted by CONTRACTOR prior to Notice of Award: Bid
9.9 All modifications, including Change Orders, duly delivered after execution of this
Procurement Agreement.
There are no Procurement Documents other than those listed above in this Article 9. The
Procurement Documents may only be altered, amended, or repealed, by a Modification (as
defined in Article 1 of the Procurement General Conditions).
Article 10. MISCELLANEOUS
10.1 Terms used in this Procurement Agreement that are defined in Article 1 of the
Procurement Gener~l Conditions will have the meanings indicated in the Procurement
General Conditions.
10.2 No assignment by a party hereto of any rights under or interests in the Procurement
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, 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 Procurement Documents.
10.3 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
Procurement Documents.
Article 11. OTHER PROVISIONS
None.
17
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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 Procurement Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on August 10, 2009.
OWNER: CONTR.ACTOR:
City of Paris Underground Utility Supply
By:
City Manager
(CorporateJSeal)
Attest:
Address for giving notices:
135 SE lst Street
Paris, TX 75460
By:
General Partner
(Corporate Seal)
Attest:
Address for giving notices:
P.O. Box 8030
Longview, TX 75607
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