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1989-061-RES WHEREAS, CITY COUNCIL IN RES NO 89-060 DECLARED RESOLUTION NO. 89~061 WHEREAS, the City Council of the City of Paris, did this date in Resolution No. 89-060, declare an emergency and authorize the use of emergency powers and authorized the refurbishing and repair of aI, 000,000 gallon double ellipsoidal elevated water storage tank, off 25th Street N.E. in Paris, Texas; and, WHEREAS, the City Engineer of the City of Paris, in anticipation that the City Council of the City of Paris would declare an emergency and authorize emergency powers on the 30th day of May, 1989, solicited proposals for the refurbishing and repair by Don L. Owen Painting Contractors, Inc., of said water storage tank; and, WHEREAS, the best proposal was made by Don L. Owen Painting Contractors, Inc., in the amount of $100,931.00, and Earl Smith, City Engineer of the City of Paris recommends the acceptance of said proposal; NOW, THEREFORE, WHEREAS, a proposal was made by Don L. Owen Painting Contractors, Inc., for refurbishing and repair of the water storage tank for a total price of ~100,931.00, and Earl Smith, City Engineer of the City of Paris, recommends the acceptance of said proposal, and the form of contract attached hereto as Exhibit A, should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the proposal of Don L. Owen Painting Contractors, Inc., in the amount of $100,931.00, for the refurbishing and repair of the 1,000,000 gallon double ellipsoidal elevated water storage tank, off 25th Street N.E. in Paris, Texas, be, and the same is hereby accepted. BE IT FURTHER RESOLVED, That the form of contract attached hereto as Exhibit A is hereby approved. 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 the contract with Don L. Owen Painting Contractors, Inc., in the form of Exhibit A attached hereto. Passed and adopted this 30th day of May, 1989. w~~ Eric ~ or , Mayor ATTEST: ~~",".~~j Mattie Cunning am, City C er APPROVED AS TO FORM: /' AGREEMENT THIS AGREEMENT. made this 10th day of May . 19 8\ by "OWNER" and between CITY OF PARIS IN_ 01 0.....1. (.. IndMduan hereinaft~;...ca\led and DON L. OWEN PAINTING CONTRACTORS. INC.. doing business as (an individual,) or (a partnership.] or (a corporation] hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned: 1. The CONTRACTOR will commence and complete the~ the painting and repair of a 1.000.000 ~al1on elevated water stora~e tank 2. The CONTRACTOR will furnish all of the material. supplies, tools. equipment, labor and other services necessary for the ClmSWuati=anckcompletion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOC- UMENTS within ten (10) calendar days after the date of the NOTICE TO PRO- . !l2_J,ater J;h!l!LAugust 17. 1989. . CEED and WIll complete't~!fIHW~'WHftifi' m8:Ww<~unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CON- TRACT DOCUMENTS and comply with the terms therein for the sum of $ 100.931.00.. ()Pqilp'sm5W1'1>m<:th~B!lS)<lieh~ 5. The term "CONTRACT DOCUMENTS" means and includes the following: (XJqXXEID (fi){~ (E) Agreement -10- EXHIBIT A (F) General Conditio liS (G) SUPPLEMENTAL GENERAL CONDITIONS (H) Payment BOND (I) Performance BOND lJ) NOTICE OF AWARD - (K) NOTICE TO PROCEED (L) CHANGE ORDER (M) DRAWINGS prepared by numbered through '19 (N) SPECIFICATIONS prepared or issued by CITY OF PARIS, dated APRIL 30 19 89 (0) ADDENDA: No. dated . 19 No. dated 19 No. dated 19 No. dated 19 No. dated . 19 No. dated ,19 J.". . and dated EARL SMITH, CITY ENGINEER, 6. The OWNER will pay to the CONTRACTOR in the manner arid at such times as set forth in the General Conditions such amounts as requ~red by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs. executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed. or caused to be executed by their duly authorized officials, this Agreement in ( trip1ir~tP (NwnMt"~ which shall be deemed an original on the date first above written. ) each of -11- (SEAL) ATIEST: Name Mattie Cunningham (Pt.... T~J Title City Clerk (SEAL) .ATIEST: Name (F'tHM TW-I OWNER: CITY OF PARTS BY ,i" Name Eric S. Cliff~;d (PIe..,. T)'IM) Title Mayor CONTRACTOR: DON L. OWEN PAINTING CONTRACTORS, INC. BY Name Don To, Owen (- ....1 Address 316 W. Simonds, P. O. Box 457 Seagovil1e. TX 75159 -12-