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1503 RES COP ADVERTISED FOR BIDSRESOLUTION NO. 1503 , WHEREAS, the City of Paris did heretofore advertise for bids for the renovation of the Paris Police Facility, 811 Bonham Street, Paris, Texas; and, WHEREAS, the City of Paris did receive the sealed bid of Misso Construction Company at the regular Council Meeting on August 14, 1972; and, WHERFAS, the Misso Construction Company bid was the lowest an d best bid received for the renovation of the Paris Police Facility; NOW, THEREFORE, BE IT RFSOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Misso Construction Company bid for the renovation of the Paris Police Facility be, and the same is hereby declared to be the lowest and best bid for said project; and, BE IT FURTHER RESOLVED, That James W. Farris, Mayor of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris an agreement between the City of Paris and Misso Construction Company, dated August 21, 1972, a copy of which is attached hereto as Exhibit A, which agreement authorizes Misso Construction Company, Paris, Texas, to renovate the Paris Police Facility, in accordance with invitation to bidders and plans and specifications heretofore approved by the City Council of the City of Paris, Paris, Texas. Passed and adopted this 21st day of August, 1972. H. C. Westfall, May Pro em ATTEST : . ~ J H. C. reene, City Clerk APP OVED O FORM: T. K. aynes, City Attorney AGREEViEINT BETWEEN THE CITY OF PARIS AND MISSO CONSI'RUCTION COMPANY THIS AGREEMENT made this 2 1 st day of August in the year Nineteen Hundred and Seventy-two BY AlVTD BETWEEN T H E C I T Y O F P A R I S, Paris, Te}_as a municipal body politic and corporate in perpetuity hereinafter called the Owner, and M. D. MISSO d/b/a M. D. MISSO C O NS T R U C T I O N C O M P AN Y hereinafter called the Contractor, WITNESSETH, that the Owner and the Contractor for the consideration hereinafter namec? agree as follows: ARTICLE 1. SCOPE OF I'HE WORK T h e Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and describc;d in the Specifications entitled: ftENOVATION OF PARIS POLICE FACILITY 811 BONHAM STREETy PARIS, TEXAS approved by the City Council of Paris , Texas on the lOth day of july, 1972, prepared by: Edward E. Houk, Arcnitect acting as and in these Contract Doc:umentF entitled the Architec~; and snwli do everything required 'ay this Aareernent, the General Conditions o' Co:ltraci, the Specifications and the Drawings. Page 1 of 5 EXHI BI T A ARTICLE Z. TIME OF COMPLETION The work to be performed under tthls Contract snall be commenced and completed to allow ti:e owner to occupy a.nd to place into operation the facility, the building aad alI equipment provided for herein, on or before April 30, 1973. All work required in the base bid and all alternates shall be complete on or prior to April 30, 1973, The contract price shall be subject to reductions for any loss in grant awarded by the Law Enl'orcement Assistance Administration and Criminal Justice Council under which this project is partially funded due to delay or delays beyond the above date wnich are due in part or tota3.ly to tne action or lack of action by the Contractor. ART3CLE 3. THE CONTRACT SUM T h e Owner siiail pay the Contractar for the performance of the Contract, sub- ject to additions and deductions provided therein, in current funds as follows: B AS E PROPOSAL: For all labor, materials and equipment necessary for the complete renovation of the Paris Police Facility and a11 appurtenances thereto for the sum of NINETY SEVEN THOUSAND, ONE HUNDRED SEVENTY-THREE DOLLARS ($97, 173. 00), subject to the following allawances which if exceeded such excess wiTl be paid by the Owner: For Ioclcs sets and masterkey system on exterior doors For carpeting installed $ 10. 50 For construction contingency allowance For purchase oi aluminum plaque For purchase oi twenty-three 1ef;ters For purchase of one chalk board For purchase of one projection screen For purchase of one cork board For purchase of six towel dispensers a-r.d rece-Dti:.ais IN ADDITION, THE OW NER ACCEPiS: $150. 00 $700. 00 $180. 00 $480. 00 $125.00 $125.00 8G. Cv $ o „c~0-. 00 Aitern4teII: For all 14bor, mwteriuis ar.d equipmenc n..cess,_:-•y lo-r co.:-: salvage of the existing ccm-pressor and co-ncens,_;-_-s and ;.he ins;.".iiLtion cl' w ~or~y ton cnilier for the acditional sum of $9, 361, ,;,o be addeu -co tne base uid, ia, -~-and total of $ 10 b, 534. 00. Page 2 of 5 Where the qi,antities oribinaily con~:emplated are so changed that application of the abx•eed 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 oi the Contract to prevent such hardship. ARTICLE 4. PROGRESS PAYMENTS T h e Owner shail make payments on account of the Contract as provided therein, as foliows: on or about the tenth day of each month ninety per cent of the value, based on labor and mate-rials incorporated in the work and materials suitably stored at the site thereof up to the first day of that month, as estimated by the Architect, less the aggregate of previous payments; and upon substantial com- pletion of the entire work, a sum sufficient to increase the total payments to ninety per cent of the Contract pricc:. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due thirty days after substantial completion of the work provided the work be then fully completed and the contract iully performed. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect shall proinptly make such inspection, and when he finds the work acceptable and the Contract fully perfo-zmed 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 tnereof, and that the entire baiance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final payment the Coniractor shai1 submit evid,:nce saiisiac- tory to the Arcniiect that ail payrolls, maLerials bi~ls, I c~~~e-r ir.dcbi.ec:ness connected with the work have been paid or c-t.herwisa If after the work has bee.n substantialiy comp3eted, ful": ~.materially deiayed throubh no fault af the Contr~.ctoi, wnd i',.e certifies, the Owner shall, upon certificate of the Architect, wr.d wl::lzou~ Page 3 oi 5 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 sha1T not constitute a waiver of claims. ARTICLE 6. THE CONTRACT DOCUMENTS The Invitation to Bidders, Generai Conditions of the Contract, Proposal and Performance and Payment Bonds, the Specifications and the Drawings, together with tnis Agreement, form the Contract, and they are as fully a part of the Contract as if fully repeated herein. Ther.: follows an enumeration of the Con= tract Documents: Specifications - Renovation of Paris Police Facility ( page one through forty-rine ) Project Drawings ( sheets one throubh eight ) Letter, M. D. Misso Construction Company to Harold Greene, Director of FinancL ( Proposal' Letter, M. D. Viisso Construction Company to Harold Greene, Director of Finance dated August 14, 1972 (clarifying th., bid pro-posal) IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above writ'Len. Owner Contractor James W. Farris, Mayor M. D. Misso City of Paris Misso Construction Company Attest: Approved as to ;oz:lr:: _ H. C. Greene Ic. _X. City Clerk Pagc,4 of 5 rr~ra~ r-rrr,-rm*~ rr-Tn : rrmrr ~ -rrrrrrrr, rrr~ ~ ~ ; ~ rrr_ ~rrrrrr~rrrr~rr-~rrrr~~-~ ~ r- r. ~--r. ~T rr, ~ ; ~r, r r~ T - ~ _ - - _ _ . STATE OF TEXAS A COUNTY Oi :~;,A-Iv1AiZ. 1 BEr vRE ME, the undersicfned authority, on this day personally appeared JIliVIES W. IFARPtiIS, iVlayor of tne City oi Paris, a municipal corporation, known .-o me to be the person whose name is subscribed to the iore~oing instrument, and acknowlec~bed to me tnat he executed the same for ti.e purposes and consideration therein expressed, and in the capacity there- in stated. GiVEN UNDr,R MY HAND AND SEAL OF OFFICE, this du,y of , i9 . Notary Public, Lamar County, Texas STATE OF TEXAS I COUNTY OF LAIVIAR X BEr ORE ME, i,he undersigned au±nority, on this ctay personally appeared Vi. D. M7SSC, rinown to mc: 'co be ihe person whose name is sub- scribed to the foreaoirlb instrument, ard acknowledbeci to me that ne executed the same for the purpose and consideration therein expressed. GIVEN LTNDER MY IiAND A1\TD SEAL CF Or FICE, this day of , 19 , iVotary Public, i,arr.a-r County, Texas Pab~: 5 o~ 5