1984-053 - Landfill Closure and Flow Equalization Basin Site Development ProjectRESOLUTION NO. 84-053
WHEREAS, the City Council of the City of Paris, did at
its special meeting on June 7, 1984, approve the advertise-
ment for bids for a unit price contract for Landfill Closure
and Flow Equalization Basin Site Development Project, Texas,
which bids were received until 10:00 o'clock A.M., Monday,
June 25, 1984; and,
WHEREAS, the best bid for such construction was made by
Withers Land Forming, Inc., P 0 Box 683, E1 Campo, Texas
77437, and it should be awarded the bid for such con-
struction; 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 Withers Land Forming, Inc., for the
construction of the Landfill Closure and Flow Equalization
Basin Site Development Project in the amount shown on the
proposal attached to Exhibit A, is hereby accepted and let,
however, contractors option bid is noted and in the event
the City of Paris can meet the conditions of contractors
option bid, it will avail itself of the advantages therein
utilizing the authority granted in sub - paragraph 9.03 of
paragraph GP -09 of the general provisions of the projects
specifications; said base bid amount being let conditioned
upon said contractor meeting all of the terms and specifica-
tions included in the bid documents; 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 behalf of the City of Paris the
contract for Landfill Closure and Flow Equalization Basin
Site Development Project upon the terms and conditions and
in the form shown in Exhibit A attached hereto, with Withers
Land Forming, Inc.
Passed and adopted this 2nd day of July, 1984.
Yooe�t/_ra am, Mayor
ATTEST:
r ene, Gity Clerk
APPROVED AS TO FORM:
r
K. aynes, City Attorney
AGREEMENT*
THIS AGREEMENT, made and entered into this
EXHIBIT A
day of
19 , by and between Withers Land Forming, Inc.,
the official name, form of
P. 0. Box 683, E1 Campo, Texas 77437
organization, & address of ontractor-i partnership, name of partners
hereinafter called the "Contractor" and the City of Paris, Paris, Texas,
the official name, form of
hereinafter called the "Owner ".
organization, and address of wner
WITNESSETH THAT:
WHEREAS, pursuant to the invitation of the Owner, extended through an
officially published "Advertisement for Bids," the Contractor did in
accordance therewith, on the 25th day of June ,
19 84, file with the Owner a proposal containing and offer which was
invited by said notice; and
WHEREAS, the Owner has heretofore determined that said offer was the
lowest responsible and best submitted:
NOW, THEREFORE, IT IS AGREED:
First: That the Contractor shall comply in every way with the require-
ments of those certain specifications entitled: Landfill Closure And
(Official tit e of
Flow Equalization Basin Site Development
of the specifications & a statement of the limits to which they apply
Second: That in consideration of faithful compliance with the terms and
conditions of this Agreement the Owner shall pay to the Contractor at
the times and in the manner provided in said specifications the total
sum of
Unit Prices Times Units Performed
the basic contract price both in words and figures
Such Prices Being Shown In Contractor's Proposal
which sum is subject, however, to increase or decrease in such
proportion as the quantities named in said proposal are so changed, all
as in said specifications and proposal provided.
Third: That the time of completion is 1 May, 1985 subject to the additional
the number of days, the limit -
requirement in condition 9 of the Contractor's Proposal.
ing date, or-other provision which is consistent with the proposa
*Note: This form is subject to change by the attorney or other person
authorized to represent the Owner.
Agreement - I
Fourth: That the contract documents which are hereby made a part of
this,Agreement by actual attachment or by this reference thereto are as
follows:
1.
The
Agreement.
2.
The
Specification named above by title.
3.
All
addenda's.
4.
The
Instructions to Bidders.
5.
The
Proposal of the Contractor, which was submitted on 25th
Qun�
, 19 84 , the original or a conformed copy of
which is ei reto attached and marked "Exhibit A ".
6.
All
Bonds.
7.
The
Notice of Award.
8.
The
Notice To Proceed.
9.
The
General Provisions.
10.
The
Technical Provisions.
11.
The
detailed plans issued together with those that may be
issued as supplements thereof.
12.
Change Orders, Field Orders and all other modifications
entered into in accordance with the contract.
IN WITNESS WHEREOF, said Contractor and said Owner have caused this
Agreement to be executed on the day and year first above written.
Withers Land Forming, Inc.
(Seal)
Attest
Secretary
Contractor
By
Kevin Withers
And
City of Paris, Paris, Texas
Owner
By
Joe Graham, Mayor
Attest And
H.C. Green, City er (Title)
Approved As To Form
T. K. Haynes, City Attorney
Agreement - 2
EXHIBIT A _
PROPOSAL
TO FURNISH ALL MATERIAL, LABOR, TOOLS, EQUIPMENT, PERMITS AND SERVICES
REQUIRED FOR THE CONSTRUCTION OF THE LANDFILL CLOSURE AND FLOW
EQUALIZATION BASIN SITE DEVELOPMENT PROJECT FOR THE CITY OF PARIS,
PARIS, TEXAS, ALL IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS
THEREFOR.
Name of Bidder: N:ithe:rs Land Poriidn6 Inc.
Address: Boy: 683
E:1 Campo, Tx. 77437
Telephone: 409-543-4577
To the
Honorable Mayor and City Council
Paris, Texas
Gentlemen:
Proposal - 1
This proposal is submitted as an offer by the undersigned to enter into
contract with the City of Paris, Paris, Texas, hereinafter referred to
as the owner, for the furnishing of materials, labor, tools, equipment,
permits and services necessary for the construction of the above
referenced project, in accordance with the plans and specifications
therefor. This offer is conditioned on the following declarations as to
the acts, intentions, and understandings of the undersigned and the
agreement of the City of Paris, Paris, Texas, to the terms and prices
herein submitted.
1. All of the specifications and drawings herein have been examined by
the undersigned and their terms and conditions are hereby accepted.
2. The plans and specifications are a condition of this proposal with
the same force and effect as though they were attached hereto.
3. It is understood that the contract drawings may be supplemented by
additional drawings and specifications in explanation and
elaboration of the contract drawings, and it is agreed that such
supplemental drawings, when not in conflict with those referred to
in Paragraph 1 above, will have the same force and effect as if
completed and attached hereto and that when received, they will be
'considered a part of the contract documents.
Proposal - 1
4. The undersigned will furnish the bonds required by the specifi-
cations and comply with all the laws of the State of Texas and the
municipal and county ordinances which are pertinent to construction
contracts of this nature, even though such laws or municipal
ordinances may not have been quoted or referred to in these
specifications.
5. The cash, certified check, or bid bond accompanying this
Y 9 proposal
shall be forfeited to Paris, Texas, to the extent of 10 percent of
the amount of the bid in case this proposal is accepted by the
owner, and the undersigned shall fail or refuse to execute the
contract and furnish the performance bond required by the
specifications, all within the time limit named therein and in
accordance with the provisions of this proposal and the plans and
specifications which are a part thereof.
6. The quantities stated in connection with the price schedule for the
contract submitted herewith are approximate only and payment shall
be made at the unit prices named for the actual quantities
incorporated in the completed work.
Only those items for which estimated quantities are given may be
increased or decreased at the unit prices named. If there shall be
an increase in the total payment for an item covered by a lump sum
price, it shall be computed on a basis of extra work for which an
increase in payment will have been earned, and if there be a
decrease in a lump sum payment for any such item, it shall be made
only as the result of negotiation between the undersigned and the
owner.
7. The owner reserves the right to require that any bidder, before
being awarded a contract, shall execute a noncollusion affidavit in
such form as will satisfy the owner that the bid offered is
genuine, is not a sham or collusive, and in no respect or degree is
made in the interest or on behalf of any person, firm, or
corporation not named in the proposal containing such bid.
8. In• order to establish a basis of quality certain processes, types
of machinery and equipment or kinds of materials may be specified
herein, by designating a manufacturer by name and referring to this
brand or product designation. It is not the intent of these
specifications to exclude other processes, equipment or materials
of a type and quality equal to those designated.
If a supplier desires to furnish items by manufacturers other than
those specified, he shall secure the written approval of the
engineer prior to submitting his order.
9. The Contractor is aware that the schedule of completion is a
material part of this contract. due to legal requirements which
exist for the owner. The Contractor shall complete the placement
of all cover material at the landfill by December 31, 1984, and
complete the entire project including all vegetative work by May 1,
1985, except that the deadline for completing the placement of
Proposal -,2
cover at the landfill shall be extended by one (1) calendar day for
each calendar day in excess of thirty (30) days between the opening
of proposals and the submission to the bidder of the written
contract for his execution.
Contractor's attention is directed to Article GP-08, 8.09 of the
General Provisions entitled, Time of Completion of Work; Extension
of Time Limit, and Liquidated Damages. Liquidated damages will be
computed on the basis of $500.00 for each and every calendar day
that the placement of all cover material at the Landfill is delayed
beyond December 31, 1984, or beyond that deadline as it might be
extended in accordance with the terms of the Contract Documents,
and additionally a separate $500.00 in liquidated damages will be
assessed for each and every calendar day that the entire project is
not complete beyond May 1, 1985, or beyond that deadline as it
might be extended in accordance with the Contract Documents.
10. The undersigned, as bidder,
wor s
have been delivered to him a
contract documents.
acknowledges that Addenda numbered
through
words
d have been examined as part of the
11. The undersigned, as bidder; acknowledges that provisions of the
applicable state statutes relating to Workmen on public works to be
paid not less than prevailing rate of wage, shall be included in
his contract.
12. The bidder understands the requirements of the Texas Department of
Water Resources, Texas Department of Health, the Texas Air Quality
Board, and all other State and Federal Agencies insofar as they
affect the work under this contract and submits as a part of this
proposal the completed and signed forms required by those agencies.
13. The owner reserves the right to reject any and all bids, waive
informalities, and accept any bid which appears to serve the best
interest of the owner.
14. The undersigned acknowledges that he has satisfied himself as to
the existing conditions and the extent of the modifications as
required, and the nature as well as location of the work and the
general and local conditions, including but not limited to those
bearing upon transportation, disposal, handling and storage of
materials, availability of water, roads, groundwater, access to the
sites, coordination with other contractors, and conflicts with
utilities, structures, and other contractors.. Information and data
furnished or referred to herein is furnished for information only.
Any failure by the undersigned to acquaint himself with the avail-
able information will not relieve him from responsibility for
estimating properly the difficulty or cost of successfully perform-
ing the work. The undersigned shall verify the locations and
elevations of existing pipelines, structures, grades, and utilities
prior to construction. The owner assumes no responsibility for any
Proposal - 3
conclusions or interpretations made by the undersigned on the basis
of the information made available.
15. The undersigned submits that for items for which estimated
quantities were given, the unit prices set forth herein are those
at which he (or they) will perform the work involved. The
extensions in the column headed "Total ", are made for the sole
purpose of facilitating comparison of. bids, and i*f there are any
discrepancies between the unit prices and the total amount shown,
the unit prices shall govern.
All items for which forms are provided herein shall be completed in
full by the showing of a unit and'an extended price if an estimated
quantity is given, or a lump sum price if no estimated quantity is
given.
Unit prices, which if in accordance to the contract documents are
to include allowance for incidental work, shall be used as the
basis for computation of all compensation allowed for the unit item
work and the incidental work.
Proposal - 4
SCHEDULE OF PRICES
LANDFILL CLOSURE
AND
FLOW EQUALIZATION BASIN
SITE DEVELOPMENT
CITY OF PARIS
PARIS, TEXAS
tem Description Estimated Unit Prices In lotal
No. Quantity Words & Figures
I. Excavation
Basin excavation
and Landfill cover
placement,required
surface preparation
and grading, drain-
age work, and all
other incidental
work required for
the project which is
not allowed for sep-
arately in this sche-
dule of prices. 333,000 c.y. 1.00 DOLLARS
25 CENTS
1.25 ) $416,250.00
2. Barbed Wire Fencing
a Furnish and
install five
strand barbed
wire fence inclu-
ding line posts.
(b) Furnish and
install corner
post assembly
(c) Furnish and
install stretcher
post assemblies
7,205 l.f. DOLLARS
$ U� CENTS
$ 3,458.00
10 corners _4 �.n) DOLLARS
0 CENTS
456.40 ) $ 41964.00
1 stretcher 17o.0o DOLLARS
CENTS
170.00 ) $_ 170.00
Proposal - 5
Item Description Estimated Unit Prices In Total
No. Quantity Words & Figures
3. Gates
T-aTTurnish and install
entrance gate assem-
bly including posts,
wire and all compon-
ents 2 E -gates 130.00 DOLLARS
CENTS
130.00 ) $ 260.00
(b) Furnish and install
water gate assembly
including posts,
wire and all compon-
ents. 1 W -gate
240.00 DOLLARS
CENTS
�
2 4 0.00 _ )
$ .240..00
4. Electric Fencin
Furnish, instal? and
maintain electric fence.
Provide two wire gaps. 2,635 l.f.
DOLLARS
0.29 CENTS
0.29 )
$_ /764.00..
5. Scheduled Clearin
Clearing o the Basin
and Lift Station Sites
including disposal.
(a) Densely foliated
areas having larger
trees 8.8 acres
7,546.00 DOLLARS
CENTS
1,546.G0 )
$ 1.31605.00 ,
(b) Densely foliated
Area, having
smaller trees 9.2 acres 7,087.00 DOLLARS
CENTS
. ) $ 101000.00
6. Drainage Culverts
Furnish and install
6, 24 inch diameter,
.30 foot long, 16 gauge,
corrugated metal pipe
culverts. lump sum $ 4;000.00
Proposal _'-6
tem Description Estimated Unit Prices In ota
No. Quantity Words & Figures
7. Surface Vegetation
Mnti n
Tal Furnish and place
Tall Fescue seed,
inclusive of all
preparatory and
other related
work, as specified.. 55 acres 117.00 DOLLARS
.28 CENTS
U117.28 ) $ 6450.00
(b) Furnish and place
Selection Three
Bermuda sprigs,
inclusive of all
preparatory and
other related work,
as specified. 131 acres 101.00 DOLLARS
.3? _CENTS
101.53 ) $ 13,300.00
TOTAL BID $562.482.00 DOLLARS
CENTS
$562,482.00
RECEIVED,
JUN 2 5 1984
CITY MANAMR.
PAPIS, TEXAS
Proposal - 7
The above unit prices shall include all labor, materials, removal,
overhead, profit, insurance, and all other incidental expenses to
cover the finished work of the. several kinds called for.
The bidder agrees that his bid shall be good and may not be with-
drawn for a period of 90 calendar days after the scheduled closing
time for receiving bids.
Upon receipt of written notice of the acceptance of this bid,
bidder will execute the formal contract attached within ten days
and deliver a Surety Bond or Bonds as required by Paragraph GP -2.01
of the General Provisions. The bid security attached in the sum of
Sixty —five thousand three hundred twef�tb$ ��'� ��;y is to
become the property ul the Owner in the event Me contract and bond
are not executed within the time above set forth, as liquidated
damages for -the delay and additional expense to the Owner caused
thereby.
Respectfully submitted,
1
CI �
usiness Addre s
(Seal - if bid is by a corporation)
Proposal - 8