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2193 RES CITY COUNCIL AT ITS SEPCIAL MEETING ON 8TH DAY OF JULY 1982 APPROVE ADVERTISEMENT FOR BIDSRESOLUTION N0. 2193 WHEREAS, the City Council of the City of Paris, did at its special meeting on the 8th day of July, 1982, approve the advertisement for bids for furnishing all plant, labor, material and equipment and performing all work required for the construction of 223 linear feet of retaining wall; 185 square feet of 6 inch thick concrete driveway; 895 square feet of 4 inch thick reinforced concrete driveway; one flume entrance; and 310 square yards of concrete channel bottom, along Buttermilk Creek, Paris, Texas, entitled Buttermilk Creek Drainage Project, Phase II, which bids were received until 10:00 o'clock A.M., Monday, July 26, 1982; and, WHEREAS, the best bid for such construction project was made by B& B Equipment Company, P 0 Box 517, Paris, Texas, 75460, and it should be awarded the contract 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 B& B Equipment Company, for the Buttermilk Creek Drainage Project, Phase II, in the amount of $26,605.00 is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid docurnents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized and directed to execute, on behald of the City of Paris, the contract for the Buttermilk Creek Drainage Project, Phase II, upon the terms and conditions and in the form shown in Exhibit A attached hereto with B& B Equipment Cornpany. Passed and adopted this 27th day of July, 1982. 0- Ad'i A4 A f A IV'YXJ J e Gra am, Mayor ATTEST: H. C:`Gree e, City Clerk ~ APPROVED AS TO FORM: T. K.,Haynes, City Attorney "EXHIBIT "A" ;;`I'ANDARI) FOIZM nF AGRCI:N'IENZ' As Adoplccl liy ~'..'I'11E '1~;XAS 51~'I'lUN U1~ /1A~1;ItiCAN SUC11~;''Y Ul~ CIVIL 1?NGWL;L;IZS Uclobcr 7, 1971 Itevised Novcniber 17, 1928 Itevised Aprii 15, 1932 Revised October 27, 1934 Itevised Oclober 19, 1945 Revised April 8, 1954 IZevised April 21, 19G0 Revise(i October i, 1971 Approved as lo LeVal Form by Legal Counscl STATE OF TE\AS COUNTY OF_LL~,? ±AL~. l THIS AGREEMF,NT, made and entered into this- 27thday of July A. D. b}, and bet.wcen-__thc CIT,Y OF PAi IS of the Caunty of------- Lar-inx_,_-___ and State of Texas, acting t.hrough i t s i'l ayoz-, Joe Gr;;iar~l,~_. _ thereunto duly authorized so to do, Party of the First Part, hereinafter termed 0NVNLlt, and - ~ & B EQUitiraent Cor~manv of the City of_ County of_ Lamar and State of lexas Part), of the St:cond Part, hereinafter terrned CONTRACTOR. WITNESSETH: That for ar;d in corsideration of the payments and agreements hcrein- after mentioned, to be rnade and performed by the Party of the Tirst Part (0\VNLH), and under the conditions expressed in the bond bearing even datc: here%t,ith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (ONVNER) to commence and cornplete the construction of certain improvements described as follows: Butterr.iilk Creek Drainac-)e Project Phase Ir and all extra wor}: in connection therewith, under the terms "s stated in the General Conditions of the Agrecment and at his (or their) own propcr cost and eapense to furnish all the materials, supplies, machinery, equiprnent, tools, superintendence, labor, insurance, and other accessories and service9 necessary to complete fhe said consiruction, in accordance with the conditions and prices stated in the Proposal atiached hci-eto, and in accordance Nvith the Notice to Contractors, General and Special Conditions of Agreetnent, Pians and othc: drawings and printed or written explanatory matter thereof, ar,d the Specifications ancl addenda therefor, as prepared Ly P,iclc Conner herein critiUe(i t.he ENGINF:EI2, ench of which h:iv been islenlified l) * v the ('ON'I'IZA("1'0I: :iiici the 1:N(;1NE'I;IZ, tugcthcr with thc CO:`.'I'1ZAC'1'Ult'S Wrilten 1'rupo,ai. tlic Cclicr:il Conclilio~ns ~ uf the Agrceme»t, :iitd the Perfurm:incc :ind PaYmenl Ri~ncls lici•ctu :itt:irheii; all uf wliich arc mucie u pr.irt hcrcuf :inc) collcctivcly cricicnce :ind ccin,lilutc the cntirc ronfract. O Sr't i` 1 Thc CONTRACTOR hc:reb)• abrccs to commcnce wurk Hlithin ten (tJ) davs aftcr the date «•ritten noticc to do so shall havc beeii givcn to him, and to 9UVyL:lI1tI:lIly cumPl"Itr the Samc calcndar days within ____.wurkiiig days aftcr the datc uf the wriltcn nuticc tu cummence wurk, subjccl to such extensions of time as are provided by the Ceneral and Special Conditions. THh: OWNTR agrees to pay ihe CONTRACTOR in current fundg the price or prices aho%%•n in the proposal, µ'hich forms a part of this contr,act, such pa}•ments to be subject to the Ge»cral and Special Conditions of the contract. ' IN WITNESS WHI;REOF, the partics to these presents hnve executed this Ab•rcement in the year and day first above wrilten. CITY OF PARIS B[,.: B EQUIPLlZEZdT COMPANY Party o1 the First Pazt (OWNER) By: ATTEST: Joe Graham, r~iayor Party of the Second Part (CO:1TR.4CTUR) By ATTEST: SF-2 0 by r.... d..-. evI: 1971