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1994-142-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 94-011 RESOLUTION NO. 94-142 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94-011 authorize an application to be made to the Texas Department of Transportation for a grant for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport; and, WHEREAS, the City Council of the City of Paris did in Resolution No. 94- 94-055 accept the Grant Offer for "TXDOT Project No. 94-43-103"; and, WHEREAS, the City Council of the City of Paris, did in Resolution No. 94- 090 on July 18, 1994 authorized Bucher, Willis & Ratliff to advertise for bids for furnishing plant, labor, materials and equipment and performing all work required for the "TxOOT Project No. 94-43-103" for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, which bids were received until 10:00 o'clock A.M., Monday, November 14, 1994; and, WHEREAS, the best bid for such construction was made by GIFFORD ELECTRIC, Fort Worth, Texas, and it should be awarded the bid for such construction; and, WHEREAS, the form of contract for such construction project attached hereto as Exhibit A, should 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, that the bid of GIFFORD ELECTRIC, for the construction project in the amount of $77,214.50 is hereby accepted and let conditioned upon said contractor meeting all of the terms and speciftcations included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with GIFFORD ELECTRIC for "TxDOT Project No. 94-43- 103" for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 14th day of November, 1994. {Jdf4/ -------- ATTEST: ~~~:\0-~~~ AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT PROJECT NO: STATE OF TEXAS )( COUNTY OF TRAVIS )( KNOW ALL MEN BY THESE PRESENTS This Agreement made this ~ day of and between City of Paris, Texas (Sponsor) hereinafter called "Sponsor", acting by and through the Transportation, hereinafter called "AGENT" and ,19 , by Texas Department of (Contractor) , and contractor's executors, administrators, heirs, successors or assigns hereinafter called "Contractor". WHEREAS, Sponsor desires to enter into a contract for airport improvement as is more fully described in the Contract Oocuments in accordance with the provisions of the state statutes, and WHEREAS, the CONTRACTOR has been engaged in and now does such work and represents that Contractor is fully equipped, competent, and capable of performing the desired and herein outlined work and is ready and willing to perform such work in accordance with the Contract Documents, and WHEREAS, Sponsor and the CONTRACTOR for and in consideration of the mutual covenants set forth, agree as follows: WORK CONTRACTOR shall furnish all the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work indicated in the Contract Oocuments. The Project is generally described as follows: Airfield Improvements - Cox Field The work is generally described as follows: Installation of guidance signs, taxiway light improvements and electrical controls. I I I..... ~ . I ENGINEER The Project has been designed by Bucher, Willis & Ratliff, 3620 Old Bullard Road, Suite 206, Tyler, Texas 75701 who is hereinafter called ENGINEER and who is to act as AGENT'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. Page 1 of 6 EXHIBIT A . CONTRACT TIME The CONTRACTOR will commence the work required by the Contract Oocuments on the date indicated on the Notice to Proceed and will complete the work within 90 calendar days unless the period for completion is extended in accordance with the Contract Documents. If the Contractor does not complete the work within the specified time, the CONTRACTOR agrees to pay as liquidated damages the sum of S 250.00 , for each calendar day thereafter until the work is completed in accordance with the Contract Documents. CONTRACT PRICE The CONTRACTOR agrees to perform all the work described in the Contract Documents not to exceed the sum of S , as described in the proposal as base bid and (additive alternate(s) as appropriate) CONTRACT DOCUMENTS The term "Contract Documents" means and i ncl udes the fo 11 owi ng whi ch are incorporated herein by reference as if fully reproduced: I I L I A. Pre-Bid Information (List Table of Contents of Contract Documents) B. Instructions to Bidders C. Bid Forms D. Agreement Between Sponsor and Contractor E. Bonds and Certificates F. General Provisions G. Supplementary Conditions H. General Project Requirements I. Drawings Index J. Addenda K. Technical Specifications I L. M. N. O. Drawings prepared by numbered 1 Bucher, Willis & Ratliff through 7 dated 10-24-94 Page 2 of 6 i"'- Specifications prepared or issued by Bucher. Willis & Ratliff 10-24-94 dated ADDENDA No. No. No. No. No. No. dated dated dated dated dated dated PAYMENT The AGENT will pay the CONTRACTOR in the manner and at such times and in such amounts as required by the Contract Documents. The CONTRACTOR expressly warrants that no third person has been employed to solicit or obtain this contract in Contractor's behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement, or in compensation for services in connection therewith, any brokerage commission or percentage upon the amount receivable by Contractor hereunder, and that Contractor has not in estimating the contract price demanded, included any sum by reason of any such brokerage, commission or percentage; and that all monies payable to Contractor hereunder are free from all obligations of any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. Contractor further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract or for the deduction from any sums due or to become due thereunder an amount equal to any brokerage, commission or percentage so paid or agreed to be paid or both. It is acknowledged and agreed by the parties hereto that this contract is the full and complete contract for the construction of the work called for and described herein. The Contractor hereby certifies that all franchise taxes are paid and in good standing or that Contractor is not subject to franchise taxes. This Agreement shall be binding upon all parties hereto and their respective heirs executors, administrators, successors, and assigns. ~~, !.". Page 3 of 6 L . IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials this agreement in triplicate each of which shall be deemed an original on the date first written above. CONTMCTOR. SPONSOR By and through its Agent, the Texas Department of Transportation Name: (Please Print) By: David S. Fulton, Director Aviation Division Texas Department of Transportation By: Titl e: Date: ro. (Name of Fi rm) (Address) (Telephone Number) L I Date: , I I , I 1..-- I Page 4 of 6 I (.'. I , i~.; ~.. ~. I . THE STATE OF TEXAS COUNTY OF Before me, ' the undersigned authority, on this day personally appeared ' known to me to be the Contractor named in this contract, and is the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she has authority to execute and has executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this A.D. 19 day of Notary Public, State of Texas (Printed or typed name) My Commission expires Page 5 of 6 This contract is approved as to form. Attorney General of Texas By: I l / . Oate: Assistant Attorney General Page 6 of 6