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1987-058-RES WHEREAS, the City Council of the City of Paris, did in Resolution No. 87-025 on February 23, 1987, RESOLUTION NO. 87-058 WHEREAS, the City Council of the City of Paris, did in Resolution No. 87-025 on February 23, 1987, approve the advertisement for bids for furnishing steel shelving, wood shelving, wood display shelving, card catalog, study carrels, index table, book trucks and benches for the completion of the Paris Public Improvement Project, which bids were received until 10:00 o'clock A.M., Wednesday, May 13, 1987; and, WHEREAS, the best bid for said furnishings was made by Danish Library Design Bureau of Houston, Texas, and it should be awarded the bid for such furnishings; and, WHEREAS, the form of attached hereto as Exhibit approved; NOW, THEREFORE, contract A, and for such such project is form should be BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Bid of Danish Library Design Bureau in the amount of $75,623.65, is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifica- tions included in the bid documents; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Billy Joe Burnett, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract for said furnishings, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Danish Library Design Bureau. Passed and adopted this 4th day of June, 1987. ~Lahfi B~ e Burnett, ayor ATTEST: . \' c\\\~ \')~ ) \. "\l .." ~~'- '- ~,\\ Mattie Cunningham, CitX erk FORM: City Attorney STATE OF TEXAS COUNTY OF LAMAR: THIS AGREEMENT, made the fourth day of June, in the year of 1987, by and between the City of Paris, acting by and thru the Mayor, who has been duly authorized so to act, hereinafter called the Owner, and the Danish Library Design Bureau. Inc. of Houston, Texas, Viggo Torbensen, President, hereinafter called the Contractor. WITNESSTH, that the Owner and the Contractor for the Considerations hereinafter named agree as follows: ARTICLE I: SCOPE OF THE WORK: The Contractor shall furnish all the materials and perform all the work shown and required on the Drawings and described in the Specifications, entitled: "Paris Public Library Furnishings," including all items on Bid Schedule Sl through S26, CCl-90, CC2-60, SCl, SC2, SC3, BTl, NDl, and Bl, as prepared by William M. Lightfoot, AlA, acting as and in these Contract Documents entitled the Architect; and the Contractor shall do everything required by the Contract Documents. ARTICLE II: TIME OF COMPLETION: The work to be performed under this Contract shall be commenced on the date of Work Order and shall be completed in eighty-four (84) calendar days. Subject to extensions of time as described in the General Conditions, the Contractor agrees to pay the sum of $75.00 (seventy-five dollars) per day, as liquidated damages to the Owner for each calendar day thereafter that the work remains incomplete. ARTICLE III: THE CONTRACT SUM: The Owner agrees to pay the Contractor in current funds for the performance of the Contract the sum of Seventy-Five Thousand, Six Hundred Twenty-Three and 65/100 Dollars ($75,623.65) subject to additions and deductions as provided in the Specifications and to the performance by the Contractor of all the terms of this Contract. ARTICLE IV: PROGRESS PAYMENTS: The Owner shall make pay- ments on account of the Contract based on the Architect's estimate of the value of work done and materials in place. From the amount so ascertained, five percent (5%) will be retained, less the aggregate of previous payments. ACKNOWLEDGE: OWNER CUNTAACTUR ARTICLE V: ACCEPTANCE AND FINAL PAYMENT: Final payment shall be due promptly after the wo,rk is fully completed and the Contract fully performed. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract he shall promptly issue a final certificate stating the the work provided for in this Contract has been completed and is accepted by him, and that the entire balance due the Contractor is payable. Before issuance of final payment, the Contractor shall submit eyidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected to the work have been paid or otherwise satisfied. If after the work has been Substantially Completed, full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, upon certificate of the Architect, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VI: THE CONTRACT DOCUMENTS: The Contractor and the Owner agree that the Specifications, the Drawings, the A.I.A. General Conditions of the Contract, and Addenda One and Two and the Contractor's Proposals, together with this Agreement, constitute the Contract Documents and that they are to be fully a part of this Contract as if hereto attached. The Contractor and the Owner for themselves, their sucessors, executors, administrators, and assigns, hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF thaey haye executed this Agreement, the and year first above written. CITY OF PARIS OWNER BY: MAYOR THE DANISH LIBRARY DESIGN BUREAU, INC. OF HOUSTON CONTRACTOR BY: PRESIDENT