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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