1989-005-RES WHEREAS, CITY COUNCIL IN RES 88-121 ON 12.19.88
RESOLUTION NO. Rq_nn~
WHEREAS, the City Council of the City of Paris, did
in Resolution No. 88-121 on December 19, 1988, approve the
advertisement for bids for furnishing plant, labor, materials and
equipment and performing all work required for the construction
of the Department of Public Works Office and Operations
Building, which bids were received until 2:00 o'clock P.M.,
Wednesday, January 25,1989; and,
WHEREAS, the best bid for such construction was made by
Bobby Smallwood Construction and it should be awarded the bid for
such construction; and,
WHEREAS, the form of
project is attached hereto
should be approved, and the
sign the same; NOW, THEREFORE,
contract for such construction
as Exhibit A, and such form
Mayor should be authorized to
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Bid of Bobby Smallwood Construction, for the
construction of the Department of Public Works Office and
Operations Building in the amount of $84,000.00 is hereby
accepted and let conditioned upon said contractor meeting all of
the terms and specifications included in the bid documents; and,
BE IT FURTHER RESOLVED, That the Mayor of the City of
Paris, Eric S. Clifford, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the contract
with Bobby Smallwood Construction for the construction of the
Department of Public Works Office and Operations Building, upon
the terms and conditions and in the form shown in Exhibit A
attached hereto.
Passed and adopted this 2nd day of February, 1989.
.~
Eric \. .Cli~ May~
ATTEST:
o FORM:
ttornev
8815 - City of Paris Puhlic Works Office Bldg.
Owner-Contractor Agreei Form
Dee 12, 1988 - 1
00.500
OWNER-CONTRACTOR AGREEM8'JT FORM
AGREEMENT BETWEEN THE OWNER AND THE CONTRACTOR
STATE OF TEXAS *
COUNTY OF LAMAR *
THIS AGREEMENT, made the 2nd day of FEBRUARY
Nineteen Hundred and Eighty-nine (1989), by and between
in the year
THE CITY OF PARIS, PARIS, TEXAS
hereinafter called the
OWNER, and
BOBBY Sl1ALLWOOD CONSTRUCTION
hereinafter called the CONTRACTOR.
WITNESSETH, that the Owner and the Contractor for the considerations
hereinafter named agree as follows:
ARTICLE I: THE WORK
The Contractor agrees to furnish all necessary labor. materials, tools and
equipment to construct complete a new office building for the Department of
Public Works of the City of Paris, located at 50 West Hickory Street, Paris,
Texas, in accordance with Contract Documents prepared by the Architect.
ARTICLE II: THE ARCHITECT
The Architect for this project is Denney Architects of Paris, Texas.
ARTICLE III: THE CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Work subject to
additions and deductions by Change Order the Contract Sum of
EIGHTY-FOUR THOUSAND AND NO/IOO
($ 84 rOOD. 00 ) .
ARTICLE IV:
PAYMENTS
Based upon
Contractor
shall make
follows:
Applications for Payment submitted to the Architect by the
and Certificates for Payment issued by the Architect. the Owner
payments on account of the Contract Sum to the Contractor as
EXHIBITA
8815 - City of Paris Puhlic Works Office Bldg.
Owner-Contractor Agree Form
Dec 12, 1988 - 2
00.500
Payment shall be made in one lump sum upon completion and final acceptance of
the entire work.
ARTICLE V: THE CONTRACT DOCUMENTS
The Contract Documents shall consist of:
1. The Drawings and Specifications, dated December 12, 1988, as ennumerated
in the List of Drawings.
2. The General Conditions of the Contract.
3. Modifications to the General Conditions, as shown on Sheet GIG!.
4. All Addenda issued prior to execution of this Agreement.
5. Any Change Orders issued after execution of this Agreement.
6. This Agreement.
These form the Contract and all are as fully a part of the Contract as if
attached to this Agreement or repeated herein.
ARTICLE VI: TIME OF COMMENCEMENT AND COMPLETION AND LIQUIDATED DAMAGES
The Work to be performed under this Contract shall be commenced upon receipt
of a written Notice to Proceed and completed within 90 calendar days.
The Contractor agrees that if the Work to be performed under this Contract is
not fully complete by the date specified above, he will pay, as liquidated
damages, the sum of One Hundred Dollars ($100.00), for each consecutive
calendar day thereafter, as provided in Artia1e 8 of the General Conditions
of the Contract and in the Liquidated Damages requirements shown on Sheet
. G101.
THE CONTRACTOR AND THE OWNER for themselves. their successors, executors,
administrators, and assigns hereby agree to the full performance of the
covenants herein contained.
IN WITNESS WHEREoF they have executed this Agreement the day and year first
written above.
OWNER:
CONTRACTOR:
CITY OF PARIS. PARIS. TEXAS
BOBBY Sr~LLWOOD CONSTRUCTION
ByBobby Smallwood
By Eric S. Cl~fford
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM;
T. K. Haynes, City Attorney
STATE OF TEXAS )
COUNTY OF LMlAR )
BEFORE }lli, the undersigned authority, on this day personally appeared
Eric S. Clifford, known to me 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
19,89.
day of February,
Notary Public, State of Texas
Printed Name:
My Commission Expres:
STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared
Bobby Smallwood, known to me 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
day of February,
1989.
Notary Public, State of Texas
Printed Name:
My Commission Expres: