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2003-014-PEDCR PARIS ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 2003-014 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE CONSTRUCTION AND INSTALLATION OF PAVING AND DRAINAGE FACILITIES AND WATER AND WASTEWATER FACILITIES AT THE PARIS INDUSTRIAL PARK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Paris Economic Development Corporation (PEDC) did heretofore, on the 20th day of August, 2003, in Resolution No. 2003--013, approve the advertisement for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for the construction and installation of paving and drainage facilities and water and wastewater facilities at the Paris Industrial Park, which bids were received until 5:00 o'clock p.m., Friday, the 14th day of November, 2003; and, WHEREAS, the best bid for such construction was made by Stephens & Sons Concrete Contractors, Inc. of Paris, Texas, and it should be awarded the bid for the same; and, WHEREAS, the form of the contract for such construction project, attached hereto as Exhibit A, should, in all things, be approved, and the President of the Board should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT CORPORATION: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the bid of Stephens & Sons Concrete Contractors, Inc. for the construction and installation of paving and drainage facilities and water and wastewater facilities at the Paris Industrial Park in the amount of $1,014,968.61, be, and the same is hereby, accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents, and further conditioned upon approval of the preliminary plat for the Paris Industrial Park by the City of Paris. Section 3. That the form of the contract with Stephens & Sons Contractors, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the President of the Board be, and he is hereby, authorized and directed to execute, on behalf of the Paris Economic Development Corporation, the contract with Stephens & Sons Concrete Contractors, Inc., upon the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 17th day of December, 2003. Don Wall, President ATTEST: Richard Severson, Secretary-Treasurer APPROVED AS TO FORM: Larry W. Schenk, City Attorney STANDARD FORM OF AGREEMENT THE STATE OF TEXAS COUNTY OF LAMAR THIS AGREEMENT, made and entered into this 17th day of December, AD. 2003. by and between Paris Economic Development Corporation, of the County of Lamar and State of Texas, hereinafter termed "OWNER", and Stephens & Sons Concrete Contractors, Inc. of the City of Paris, County of Lamar , State of Texas , Party of the Second Part, hereinafter called "CONTRACTOR". Official contracts on behalf of OWNER and CONTRACTOR shall be made to the following persons at the addresses shown: OWNER"S CONTACT PERSON CONTRACTOR'S CONTACT PERSON Name: Gary Vest Name: Todd Stephens Address: 1125 Bonham Street Address: 4725 Lamar Avenue Paris, Texas 75460 Paris, Texas 75460 Phone: (903) 784-2501 Phone: (903) 785-0430 Fax: (903) 785-2503 Fax: (903) 785-4420 WITNESSETH: THAT FOR AND IN CONSIDERATION of the payments and agreements set forth in this Agreement to be performed by OWNER and under the conditions expressed in the bond beanng even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: PARIS INDUSTRIAL PARK, 30th STREET AND PARK STREET, PAVING, DRAINAGE, AND UTILITIES CONSTRUCTION and all extra work In connection therewith, under the terms as stated in the General Conditions of the Agreement and at CONTRACTOR'S cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Bidders, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by Adams Consulting Fngineers, Inc, hereafter called "THE ENGINEER", each of which has been Identified by the CONTRACTOR and THE ENGINEER, together with CONTRACTOR'S written Proposal, and the General Conditions of the Agreements hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. SF-1 EXHIBIT 1l. CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and to substantially complete the same within 180 calendar days after the date specified in the written notice to commence work. subject to such. extensions of time as are provided by the General and Special Conditions- OWNER agrees to pay CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST; Paris Economic Development Corporation "OWNER" Richard Severson Secretary-Treasurer BY: (Title - President> APPROVED AS TO FORM: Signature Don Wall Larry W. Schenk (Name - printed) City Attorney DATE: December 17.2003 ATTEST: Stephens & Sons Concrete Contractors, Inc. "CONTRACTOR" BY: (Title - President (Signature) Todd Stephens (Name - Printed) DATE: SF-2 OWNER'S CERTIFICATION THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Don Wall known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he signed the same for the purposes and considerations therein expressed. Notary Public in and for The State of Texas My Commission Expires: CONTRACTOR'S CERTIFICATION THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Todd Stephens , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he signed the same for the purposes and considerations therein expressed. Notary Public in and for The State of Texas My Commission Expires: