1994-110-RES WHEREAS, the City Council of the City of Paris, did in Resolution No. 94-097 on August 8, 1994 approve
RESOLUTION NO. 94-110
WHEREAS, the City Council of the City of Paris, did in Resolution No. 94-
097 on August 8, 1994 approve the advertisement for bids for furnishing plant,
labor, materials and equipment and performing all work required for the "WATER
TREATMENT PLANT EXPANSION 92WSRB03-92" project, which bids were
received until 3:00 o'clock P.M., Tuesday, August 23, 1994; and,
WHEREAS, the best bid for such construction was made by ARCHER-
WESTERN CONTRACTORS, LTD., Arlington, Texas, and it should be awarded
the bid for such construction; and,
WHEREAS, the form of contract for such construction project attached
hereto as Exhibit A, should be approved, and the Mayor should be authorized to
execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the bid of ARCHER-WESTERN CONTRACTORS, LTD, for the
construction project in the amount of $4,783,965.00, 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, Don
Shelton, be, and he is hereby authorized and directed to execute on behalf of the City
of Paris the contract with ARCHER-WESTERN CONTRACTORS, LTD for
"WATER TREATMENT PLANT EXPANSION 92WSRB03-92" project, upon the
terms and conditions and in the form shown in Exhibit A attached hereto.
PASSED AND ADOPTED this 12th day of September, 1994.
~.
ATTEST:
~~\ ~,~,~~~J
Mattie Cunningham, City rk
APPROVED AS TO FORM:
~~
T. K. aynes, Ity Attorney
SEP-08-1'394 14: 37 FRm1 BWR-DALLAS. r<
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PAR I '3-EARL P . 05
AGREP:MENT
TIllS AGREEMENT is dated as of the 12th day of September in the year 1994 by and between City of
Paris, Pari5, Texas, (hereinafter called OWNER) and Archer-Western ContrActors, LTD. (hereirudrer
called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set lorth, agree as
follows:
Article 1.
. WORK
CONTRACTOR shall complete all Work as specified Or indicated in the Contract Documents. The Work
is generally described as follows:
Water Treatment Plant Expansion.
VOL. I . EXPAt'iSION
The Project for which tbe Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Construction of plant expansion facilities from its,current capacity of 18 milllon gallons per day
(MGD). 10 a total of 36 MGD including two additional tloC<.:ulation-sedimentation basins, four
dual-media filters, filter gallery. bulk chemical feed facilities, three 5.600 gpm treated water
tr'Ullifer pumps, rehabilitating the two existing 1l0cculation-sedimentation basins and si-.: existing
tlIters and related Sitework. roadways and buildings, together with piping and all necessary
appurtenances, and shall complete interface, be connected with. and function and be cnmpJete and
ready to operate with computer ba;;ed controls and instrumentation system included as part of
another contract: Water Treatment Plant Expansion, YOLo Tl . CONTROLS AND
INSTRUMENTATION.
Article 2.
ENGINEER
The Proje<.1; has been designed by City Engineer. City of Paris, Paris. Texas, or his authorized
representative, who is hereinafter called ENGINEER and who is to act as OWNER'S representative.
assume all duties and responsibilities and have the righls and authority assigne<l to ENGINEER in the
Contrat Documcius in connection with completion of the Work in accordance with the Contr:lCt
Documents.
Article 3.
CONTRACT TIME
3.1 The Work. for the new construction will be substantially completed within 365 calendar days and
!he work for the rehabilitation of !he existing filters and existing tloc~"1llation/sedimentation basiD.~
will be substantially complete in an addition 180 days after the cIate when the Contract Ttmc
commences to run as provided in paragraph 2.3 of the Generdl Conditions. and completed and
ready fOr final payment in accordance with paragraph 14.13 of General Conditions within 580
calendar da).s from the date when the Contrll(,t TIme commences to run.
3.2 Liquidated Damages
EXHIBIT A
SEP-08-1994 14: 38 FROt1 BWR-DALLAS, T:<
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PARIS-EARL P.06
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OW!\I'ER Three Hundred Dollars (.$ 300.00) for each day that
expires after the time spccilied in paragraph 3.1 for SuhsTantial Completion until the Work is
substantially complete. After Substantial Completion. if CONTRACTOR shall neglect, refuse or
fail to complete the remaining Work within the ContraL"! Time Or any proper extcnsion thercof
granted by OWNER, CONTRACTOR shall pay OWNER Thrce Hundred Dollars ($ 300.00)
for each day that expires after the time specified in paragraph 3.1 for completion and readiness
for final payment.
Article 5
PAYME-NT PROCEDURES.
. ....Z'~
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for F-dyment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments
OWNER shall make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or
about the last day of eaeh month during construction as proviiicd below. All Progress
payments will be on the basis of the progress of the Work measured hy the sehedule of
values established in paragraph 2.9 of the General Conditions (and in the case of Unit
Price Work based on the number of units completed) or, in the event there is no schedule
of values, as provided in the General Requirements.
5.1.1 Prior to Suhs"t'dntial Completion, progress payments will be made in an amount
equal to the perceIltage indicated below, but. in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine,
or OWNER may withhold. in accordance with Article 14.7 of the General
Conditions.
Ninety Five Percent (95%) of Work Completed.
NInety fivc Percent (95%) of materials and equipment not incorporated
in the Work (but delivered. suitably stored and accompanied by
documentation satisfactory 10 OWNER as provided in paragraph 14.2 of
the General Conditions).
5.1 .2 Upon Subst.anli.al Completion. in an amount sufficient to increase total payments
to CONTRACTOR TO ninety-five percent (95%) of the Contract Price, less such
amounts as ENGINEER shall detcnnine, or OWNER may v.ithhold. in
accordance with paragI3ph 14.7 of the General Conditions.
5.2
Final Pavment
Upon tfuaI completion and acceptance of the Work: in accordance with paragraph 14.13
of General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INlEREST
No interest will be paid to the CONTRACTOR on retained money unless rcquired by law.
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F'AP I '3-EARL P . 07
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into tllis Agreement, CONTRACTOR makes the following
representations:
7.3
7.4
- 7.5
7.6
7.1
CONTRACTOR has familiarized il5elf with the nature and extend of the Contract
DOc.:UIDents, Work, site locality, and all local conditions and Laws and Regulation.~ that
in any manner may affect cost, progress, perfonnance or furnishing thc Work.
7.2
CONTRACTOR has studicd carefully all reports of explor.ltions and tests of subsurface
conditions and draw;ngs of physical conditions which are identilled in the
Supplementary Condition.~ as provided in paragraph 4.2 of the General Conditions, and
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the technical data contained in such reports and drawings upon which
CONTRACTOR is entitled to reply.
CONTRACTOR has obtained and carefully studied (or assumes responSibility for
obtaining and carefully studying) all such examinations, investigation~, explorations, tests,
reports and studies (in additions to or to supplement those refereed to in paragraph 7.2
above) which pertain to the subsurface or physical conditions at or contiguous to the site
or otherwi~e may affect the cost, progress, performance or fwnishing of the Work at the
COIllract Price, within the Contract Tune and in accordance with the other terms and
conditions of the Contract Documents, including specifically the prOvisions of paragraph
4.2 of the General Conditions; and Ill) addition.al examinations, investigations,
explorations, testes, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes. .
CONTRACTOR has reviewed and Checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
comiguous 10 the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports, studies or similar information or data in reSpe<:t of said Underground Facilities
are or will be required by COr-."TRACTOR in order to perform and furnish the Work at
the Contract Price, within the Contract time and in accordance with the other terms and
conditions of Contract Documents, including specifically the provisions of paragraph 4.3
of the General Conditions.
CONTRACTOR has correlated the results of all '"1lch observations, e~aminations.
investigations, explordtions, tests. reports and studies with the terms and conditions of the
Contr3L.t Documents.
CONlRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in tbe Contract Do(."uments and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
1he Contract Docwnents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
24
SEP-08-1994 14:39 FROM BWR-D~LL~S,TX
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P~RIS-E~RL P.08
8.1 This Agreement (pages 22 to 28, inclusive).
8.2 Exhibits of this Agreement (pages _ to -' inclusive).
8.3 Performance and other Bonds, identified as exhibits N/A and con~isting of
pages.
8.4 Notice of Award.
8.S General Conditions (pages ..L to ~, inclusive).
8.6 . Supplementary Conditions (pages SCl to SC9 and wage rate pages TX930047-l thru
TX930047-4, inclusive).
8.7 Spcci.fication~ hearing the tille Water Treatment Plant Exoa.ns.ion - Vall: Exoansion and
consisting of ..l&... divisions, as listed in the table of contents thereof.
....
8.8 Drawings, consisting of a cover sheet and sheets rnunbered Gl through ~, inclusive
with each sheet bearing The following general rille: Water Treatment Plant Expan.~ion.
8.9 Addenda numbers ..Lto ..&.... inclusive.
8.10 CONTRACTOR.s Bid (pages ~ to 18A. inclusive) marked exhibit N/A.
8..11 Documentation ~"Ubmitted by CON1RACTOR prior TO Notice of Award (pages N/A to
N/A . inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All written Amendments and other documents
amending, modifying, Or ~"Uppremcnting the Contr.i,t Documents pursuant TO paragraphs
3.4 and 3.5 of the General Conditions.
8.13 The documents lis~tl in paragraphs 8.2 et seq. :move arc attached to this Agreement
(except. as expressly noted otherwise). '.
There are no Contract Docwne.!Its other than those Ihted above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as pro'~ded in paragraphs 3.4 and 3.5 of
the General Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article I of the General Conditions
will have the meanings indicatJ:d in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documems will be binding on another party hereto without the written consenl of the
party sought to be bond; and specifically but without limitation moneys that may become
due and moneys that are due may not be assigned without such consent (except to the
extend tllat the affect of this restriction may be limited by law), and unless specifically
25
SEP-08-1'394 14: 40 FRD~ BldR-DALLAS, T>:
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PARIS-EARL P.09
stated tu the contrary in any written consent to an assignment no assignment will release.
or discharge the assignor from any duty or responsibility under the Contract Documents.
9,3 OWNER and CONTRACTOR each binds itself, its parmers. !'-ucccssor, assigns and legal
representative to the olhe.r party hereto, its partners. successors, assigns and legal
representatives in respect of all cuvenants, agreements and obligations contained in the
Contract Documents.
Article 10. OTHER PROVISIONS
NONE
26
SEP-08-l'3'34 14: 40 FRm1 Bv.IR-DRLLRS, T><
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PRRIS-ERRL P.10
IN WITNESS WHEREOF. OWNER and CONTRACTOR have signed this Agrecment in triplicate. One
counterpart each has been delivercd to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract DocumenlS have been signed or ident.ificd by OWl'l"ER and CONTRACTOR Or by ENGINEER
on their bcl1a1f.
This Agreement will be effective on
. 1994.
OWNER CITY OF PARIS
CO!'-.'TRAcrOR (type busincss narne)
BY
BY
(type signature name)
Don Shelton, Mayor
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Attest
Mattie Cunningham
City Clerk
Address for giving notices
Address for giving notices .'
P. O. Box 9037
Paris. Texa~ 75461-9037
Liccnse No.
Agent for service of process:
'.
_..~
Approved aliIJO form:
T.K. Haynes. City Attorney
27
'3EP-O:3-1 '3'34 14 : 41 FFml BI,IF,- DALLi'6. T><
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F'AP I '=,-EAPL F'. 11
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ~, this undersigned authority, un this day personally appeared Don Shelton, Mayor
of tlle City of Paris, 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 purposes and consideration therein expressed.
and in the capacity therein stared.
GIVEN UNDER MY HAND ANt) SEAL OF OFFICE this
1994.
day of
Notary Public, Stale of Texas
Printed Name:
My commission expires:
STATE OF T&XAS ~
COUNTY OF LAMAR ~
BEFORE ME, this undersigned au1.hnrity, on this day personally appeared
of
known to me ro be the person(s) whose ruune(s) is/arc subscribed to the foregoing instrument, and
acknowledged to me that helshelthey executed the same for the purposes and consideration therein
expressed, and in thc capacity therein stated.
GIVEN UNDER lVlY HAND AND SEAL OF OFFICE this
day of
1994.
.-
Notary Public, State of Texas
Printed Name:
My commission expires:
28
TOTAL P. 11