1986-077-RES WHEREAS, the City Council of the City of Paris, did in Resolution No. 86-047 on June 9, 1986 approve the
RESOLUTION NO. 86-077
WHEREAS, the City Council of the City of Paris, did in
Resolution No. 86-047 on June 9, 1986 approve the advertise-
ment for bids for furnishing plant, labor, materials and
equipment and performing all work required for the Paris
Public Library Improvements, which bids were received until
10:00 o'clock A.M., Wednesday, August 6, 1986; and,
WHEREAS, the best bid for such construction was made by
Audley Moore Company, POBox 595, Sulphur Springs, Texas
75482 and it should be awarded the bid for such
construction; and,
WHEREAS, the form of contract for such construction
project is attached hereto as Exhibit A, and such form
should be approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Bid of Audley Moore Company in the amount of
$702,100.00, 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, Billy Joe Burnett, be, and he is hereby authorized
and directed to execute on behalf of the City of Paris the
contract for Paris Public Library Improvements, upon the
terms and conditions and in the form shown in Exhibit A
attached hereto, with Audley Moore Company.
Passed and adopted this 11th day of August, 1986.
B~~
ATTEST:
~~",~~)
Matt~e Cunning am, Ci er
APPROVED AS TO FORM:
~~~"Y
CONTRACT
STATE OF TEXAS ~
COUNTY OF LAMAR ~
THIS AGREEMENT, made the II th day of Augus t, in the
year of 1986, by and between CITY OF PARIS, Paris, Texas,
acting by and through its Mayor, Billy Joe Burnett, who has
been duly authorized so to act, hereinafter called OWNER,
and Audley Moore Company, of Sulphur Springs, Texas, herein-
after called CONTRACTOR.
WITNESSETH, that OWNER and CONTRACTOR for the consid-
erations hereinafter named agree as follows:
ARTICLE 1. 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, Paris, Texas, as prepared
by William M. Lightfoot, A. I .A., 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. Phase 1 shall be completed in 40 calendar
days. Phase 2 shall be completed in 260 calendar days.
Phase 3 shall be completed in 60 calendar days. Subject to
extensions of time as described in the General Conditions,
the Contractor agrees to pay the sum of $150. per day, as
liquidated damages to OWNER for each calendar day thereafter
that the work remains incomplete for the phase of work
undertaken as specified in Division lA.
ARTICLE III, THE CONTRACT SUM, The OWNER agrees to
pay the CONTRACTOR in current funds for the performance of
the Contract the sum of SEVEN HUNDRED TWO THOUSAND, ONE
HUNDRED AND NO/lOO DOLLARS ($702,100.00) subj ect 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
payments on account of the Contract based on the Architect's
estimate of the value of work done and materials in place,
plus an allowance of invoice cost of the materials properly
stored. From the amount so ascertained, 5% will be
retained, less the aggregate of previous payments.
ARTICLE V. ACCEPTANCE AND FINAL PAYMENT. Final
payment shall be due promptly after the work 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 that 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 evidence satisfactory to the Architect that all
payrolls, material bills, and other indebtedness connected
to the work have been paid or otherwise satisfied and submit
a release of claim as specified.
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, Addenda No.1
and the Contractors proposal together with the 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
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 above written.
OWNER:
CITY OF PARIS
BY:
Billy Joe Burnett, Mayor
CONTRACTOR:
AUDLEY MOORE COMPANY
BY: