1599 RES CITY COUNCIL APPROVED CONSTRUCTION OF METALLIC SOTRAGE SHEDRESOLUTION NO. 1599
WHEREAS, the City Council of the City of Paris, has hereto-
fore approved the construction of a metallic storage shed to be used
by the Department of Public Works for equipment storage and did on
the lOth day of September, 1973, authorize the advertising and taking
of bids; and,
WHEREAS, the lowest and best bid for said construction project
is made by DONALD R. HOWELL d/b/a PARIS METAL BUILDINGS and
he should be awarded the contract for such construction: NOW THEREM
FORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the bid of DONALD R. HOWELL d/b/a PARIS METAL
BUILDINGS in the amount of THIRTEEN THOUSAND, SIX HUNDRED
EIGHTY-TWO DOLLARS ($13, 682. 00) is hereby accepted and let and
the Mayor of the City of Paris, F. D. Mallory, III, be, and he is
hereby authorized and directed to execute on behalf of the City of
Paris the agreement between the City of Paris and DONALD R.
HOWELL d/b/a PARIS METAL BUILDINGS upon the terms and con-
ditions and the form as shown in Exhibit A attached hereto.
Passed and adopted this 14th day of January, 1974.
. D, allory, III, Mayor,r
ATTEST:
F. G. R ree eZ? Z,~itZ'Ier
APP OVED,...~~Sl TO FORM:
I
T. K. aynes, ity ttorney
a;reement, the general conditions of the contract, the specifications and the
drawings.
A R T I C L E 2. T I M E O F C O M P L E T I O N
The work to be performed under this contract shall be commenced and completed
to allow the owner to occupy and to place into operation the facility, the building
and all equipment provided for herein, on or before June 1, 1974. All work
required in this contract shall be complete on or prior to June 1, 1974.
ARTICLE 3. THE CONTRACT SUM
The Owner shall pay the Contractor for the performance of the contract, subject
to additions and deductions provided therein, in current funds as follows :
B A S E P R O P O S A L: For all labor, materials and equipment necessary
for the complete construction of a 24-foot by 144-foot storage shed and a concrete
floor and foundation and for the sum of THIRTEEN THOUSAND, SIX HUNDRED
EIGHTY-TWO DOLLARS ($13,682.00).
Where the quantities originally contemplated are so changed that application of
the agreed unit price to the quantity of work performed is shown to create a
hardship to the Owner or the Contractor, there shall be an equitable adjustment
of the contract to prevent such hardship.
A R T I C L E 4. P R O G R E S S P A Y M E N T S
The Owner shall make payments on account of the contract as provided therein,
as follows: on or about the tenth day of ea,ch month ninety per cent of the value,
based on labor and materials incorporated in the work as estimated by the Archi-
tect, less the aggregate of previous payments ; and upon substantial completion
of the entire work, a sum sufficient to increase the total payments to ninety
per cent of the contract price.
A R T I C L E 5. A C C E P T A N C E A N D F I N A L P A Y M E N T
Final payment shall be due thirty days after substantial completion of the work
Page 2 of 5
provided the work be then 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 and the contract fully performed he shall promptly
issue a final certificate, over his own signature, stating that the work provided
for in this contract has been completed and is accepted by him under the terms
and conditions thereof, and that the entire balance found to be due the Contractor,
and noted in said final certificate, is due and payable.
Before issuance of final payment the Contractor shall submit evidence satisfac-
tory to the Architect that all payrolls, materials bills, and other indebtedness
connected with 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, and the Architect so
certifies, the Owner shall, upon certificate of the Architect, and without termi-
nating 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 6. THE CONTRACT DOCUMENTS
The Invitation for Bids, Instructions to Bidders, Proposal, Divisions 1-16 of the
Plans and Specifications - Metallic Storage Shed, City of Paris Department of
Public Works together with this agreement, form the contract, and they are as
fully a part of the contract as if fully repeated herein. There follows an enumer-
ation of the contract documents :
Plans and Specifications - Metallic Storage Shed,
City of Paris Department of Public Works
30 pages.
Agreement between the City of Paris and
Paris Metal Buildings _ _ _ _ _ _ _ _ _ _ 5 pages
Page 3 of 5
IN WITNESS WHEREOF
the parties hereto have executed this agreement, the day and year first above
written.
Owner
F.D. Mallory, III, Mayor
City of Paris
Attest :
H. C. Greene
City Clerk
Contractor
Donald R. Howell
Paris Metal Buildings
Approved as to form :
T. K. Haynes
City Attorney
Page 4 of 5
STATE OF TEXAS 0
COUNTY OF LAMAR I
BEFORE ME, the undersigned authority, on this day personally
appeared F. D. MALLORY,III, Mayor of the City of Paris, a municipal corporation,
laiown to me to be the person whose name is subscribed to the foregoing instru-
ment, and acimowledged to me that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE, THIS day of
January, 1974.
Notary Public, Lamar County, Texas
STATE OF TEXAS I
C OUNTY OF LAMAR I
BEFORE ME, the undersigned authority, on this day personally appeared
DONALD R. HOWELL, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same
for the purpose and consideration therein expressed.
GNEN UNDER MY HAND AND SEAL OF OFFICE, this day
of January , 1974.
Notary Public, Lamar County, Texas
Page5of5