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2187 RES CITY COUNCIL AT ITS REGULAR MEETING ON 14TH DAY OF JUNE 1982 APPROVE ADVERTISEMENT FOR BIDSRESOLUTION N0. 2187 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 14th day of June, 1982, approve the advertisement for bids for contract for earthwork at Paris Sanitary Landfill, which bids were received until 10:00 A.M., Wednesday, July 7, 1982; and, WHEREAS, the best bid for such earthmoving project was made by D. L. Lennon, d/b/a, McKnight Construction Company, P.O. Drawer 299, Commerce, Texas 75428, and it should be awarded the contract for such earthmoving; and, WHEREAS, the form of contract for such earthmoving 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 D. L. Lennon, d/b/a, McKnight Construction Company, for earthwork at Paris Sanitary Landfill, within 80 calender days, in the amount of $39,600.00, 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, Joe Graham, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract for earthwork at Paris Sanitary Landfill, upon the terms and conditions and in the forrn shown in Exhibit A attached hereto, with D. L. Lennon, d/b/a McKnight Construction Company. Passed and adopted this 12th day of July, 1982. oo"u 41. ~ J e Graham, Mayor ATTEST: H.reen , City C er APPROVED AS TO FORM: T. K. aynes, City Attorney AdL SPECIFICATIONS and CONTRACT DOCUMENTS for EARTHWORK at PARIS SANITARY LANDFILL June 1982 NOTICE TO BIDDERS A pre-bid conference will be held at 2:00 P.M. (CDT) on Thursday, July 1, in the Council Chambers at Paris City Hall. The purpose of this meeting is to give bidders an opportunity to obtain answers to any questions they may have relative to this project. PARIS ENGINEERING DEPARTMENT . SPECIFICATION INDEX PARIS SANITARY LANDFILL EARTHWORK June 1982 PART I: GENERAL CONDITIONS OF CONTRACT PAGE A General I-1 I-1 B Contract Documemts I-1 C Definitions I-2 D Award of Contract I-2 E Execution of the Contract F Sub-Contract, or Assignment of Contract I-2 I-2 G Insurance I-3 H Laws to be Observed I-4 I Occupational Safety and Health Regulations J General Safety Practices I-4 K Traffic Control I-5 L Commencement and Rate of Progress I-5 M No Damage for Delays I-5 N Employees of Contractor I-5 I-6 0 Extra Work I-6 P Inspection and Acceptance of Work Q Change of Line or Grade I-7 R Failure to Execute Contract I-7 S Right to Complete Work I-7 1-8 T Cancellation of Contract I-8 U V Indemnity Authority of the City or its Designated Representative 1-8 1-8 W X Taxes Cleaning up of Roadway, Public and Private Property I-9 Y Right of Entry I-9 Z Patent Infringement, Claim, Patent Fees, and Royalties I-9 AA Instructions to Bidders I-9 BB Manner and Method of Payment I-13 PART II: TECHNICAL CONSTRUCTION SPECIFICATION A Description of Work II-1 B Contractor Liability II-1 II-2 C Limits of Work Area D Examination of Location II-2 II-2 E Basis of Payment II-3 F Time and Notice of Performing Work G Traffic Control and Access Maintenance II-3 H Common Excavation II-3 I Grubbing and Clearing II-4 J Rock Excavation II-4 K Spreading and Compacting of Earth Cover II-4 L Finished Grading II-5 PART III: CONTRACT DOCUMENTS A Proposal for Unit Price B Bid Proposal Form C Bidder's Certificate D Advertisement for Bids E Contract F Vicinity Map G Landfill Site Contract PAGE III-1 III-1 III-2 III-3 III-4 III-7 III-8 PART I- GENERAL CONDITIONS OF CONTRACT A General The Contractor shall do all things necessary to the performance of this Contract in a substantial and acceptable manner in accordance with the Technical Construction Specifications - PART II attached hereto. The Contractor shall furnish, unless otherwise provided in the Technical Specifications of the proposal and Contract, all implements, machinery, equipment, tools, materials, supervision and labor necessary to the prosecution and completion of the work under the Contract. B Contract Documents The contract documents shall consist of the following items. 1. General Conditions of Contract 2. Technical Construction Specifications 3. Schedule of Drawings 4. Instructions to Bidders 5. Bid Proposal and Bid Forms 6. Bidder's Certificate 7. Advertisement for Bids 8. Certificate of Insurance (provided by contract to include Workmen's Comp. Public Liability, etc.) 9. Any written modification hereof All of the above mentioned documents are as fully a part of the Con- tract as if attached hereto. If a conflict should occur in or between the Plans and Specifications, the Contractor shall request a clarification from the City before initiating the necessary work. C Definitions The word "Contractor" wherever used in this instrument shall mean the individual, firm, corporation, or other organization undertaking the execution of the work under the terms of the Contract and acting directly or through a duly authorized representative; and the word "City" refers to the City of Paris, Texas, or its authorized representative. The word "Engineer" refers to the City Engineer or his duly appointed representative, all of the City of Paris, Texas. I - 1 D Award of Contract Proposals will be received by the City for the entire work proposed to be performed. A single contract will be awarded by the City to the lowest responsible bidder as soon as practicable after the opening of the bids and the successful bidder will be notified that his bid has been accepted, by letter mailed to the address as given in the proposal. If funds are not available to do the entire work as per Plans, then the City reserves the right to abandon or cancel any part or portion of work on the project, or to extend some quantities and/or reduce others by making appropriate changes in the Plans and Specifications. Payment for changes will continue to be on a unit basis. E Execution of the Contract The individual, firm or corporation to whom the contract is awarded shall sign four (4) copies of the contract and bond and return them to the Office of the City Manager of the City of Paris within (10) days after they have been received. No proposal shall be considered as binding on the City unless approved by the City Council at a lawful meeting of the City Council. Also, no proposal shall be considered as binding until the successful bidder has executed and filed the contract in quadruplicate together with a satisfactory bond. F Sub-Contract, or Assignment of Contract No portion of the contract shall be sublet, assigned or otherwise dis- posed of, except with the written consent of the City. Written consent to sublet, assign or otherwise dispose of any portion of the contract shall not be construed so as to relieve the Contractor of any respons- ibility for the fulfillment of the contract. G Insurance The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph, provided the City with a certificate of Insurance and such insurance has been approved by the City, nor allow any sub-contractor to commence work until all similar insurance required of the sub-contractor has been obtained and approved. The Contractor shall procure and maintain, at his own expense, during the life of this contract, insurance as hereinafter specified. All such insurance shall be subject to the approval of the City of adequacy of protection, and shall include a provision preventing cancellation without ten days prior notice to the City in writing. The liability insurance required is as follows: 1. Workmen's Compensation Insurance: The Contractor shall take out and maintain during the life of this contract, Workmen's Compen- sation Insurance for all of his employees employed at the site of the project, and in case any work is sublet, shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of latter's employees, unless such employees are covered by the protection afforded by the Contractor. I - 2 2. General Public Liability and Property Damage Insurance: The Con- tractor shall provide and maintain during the life of the contract, Public Liability and Property Damage Insurance in the amounts here- inafter set forth issued to the City, its officials, its officers, and its employees. All such insurance shall have the minimum limits of liability specified in the following paragraph. All such in- surance policies shall be delivered to the City within ten (10) days after the date of the Notice of Award. Public Liability (Bodily Injury) Property Damage Liability $200,000 each person $200,000 each occurance $500,000 each occurance 3. Contractor's General Public Liability and Property Damage Insurance: The Contractor shall provide and maintain during the life of this Contract Contractor's General Public Liability and Property Damage Insurance protecting him from all claims for bodily injury, includ- ing death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under this Contract, whether such operations be by himself or by any sub-con- tractor under him, or anyone directly or indirectly employed by the Contractor or by a sub-contractor under him. All such insurance shall be written with a limit of liability of not less than $200,000.00 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; a limit of liability of not less than $500,000.00 for any such damages sustained by two or more persons in any one accident; a limit of liability of not less than $200,000.00 for all damages arising out of injury or destruction of property, (including property of the City) in any one accident; and a limit of liability of not less than $500,000.00 for all damage arising out of injury to or destructzon of property, including property of the City during the policy period. All such insurance shall be written on a comprehensive policy form and in the event blasting operations are required in performance of the work, shall specifically cover all blasting operations. Certificates evidencing the issuance of such insurance, addressed to the City on forms approved by the City, shall be filed with the City within ten (10) days after the date of the Notice of Award. H Laws to be Observed The Contractor shall, at all times, observe and comply with all Federal and State Laws, Local Laws, Ordinances, Orders, Decrees, and regulations existing or enacted subsequent to the execution of the Contract which, in any manner affects the prosecution of the work. I - 3 The Contractor and his Surety shall indemnify and save harmless the City and all of its Officers, Engineers, Representatives, Agents, and Enployees against any claim or liability arising from, or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself, his employees, or his subcontractors. The Contractor shall procure all permits and licenses, shall pay all charges and fees, and shall give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor will be required to observe all City Ordinances in re- lation to obstructing streets, maintaining signals, keeping open passage- ways and protect them where exposed to danger, and all general Ordinances affecting him or his employees or his work hereunder in his relation to the City or any other person, and also generally to obey the laws and Ordinances controlling or limiting the Contractor while engaged in the prosecution of the work under this Contract. The Contract to be entered into will be subject to the Statutes of Texas, as amended, and all laws of Texas pertaining to the Contract and project. I Occupational Safety and Health Regulations The Contractor is hereby notified that all work performed under this specification is subject to and shall be performed in accordance with re- quirements established by the U.S. Department of Labor, Occupational Safety and Health Act, 1970. The Contractor agrees to hold the City harmless from all suits or actions of every name and description brought against the City, for or on account of any injuries or damages received or sustained, by any party or parties, for, or on account of, violations of any provision of the Occupational Safety and Health Act, 1970, or regulations thereof, by the Contractor, his employees, agents or assigns. J General Safety Practices The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. all employees on the Work and all other persons who may be affected thereby; 2. all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the case, custody or control of the Contractor or any of his subcontractors; and 3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. I - 4 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including, posting danger signs and other warnings against hazards, promul- gating danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the City. K Traffic Control The Contractor shall arrange his operations so that minimum interruption is caused to traffic within the area of the proposed construction. The Contractor shall maintain the necessary barricades and warning signs to protect all excavated areas and any other areas that might be hazardous to the flow of vahicular traffic. L Commencement and Rate of Progress The work shall begin upon acceptance of written "NOTICE TO PROCEED" to the Contractor from the City and shall be carried on regularly and uninter- ruptedly at a rate that will assure its full completion by the specified date, unless the time shall have been extended by the City; the tim=_ nf: beginning, the rate of progress, ar.d -t.ime f_or completion being essentlial conditioi)s oi the Contract. In case of material shortages and/or de]ays in delivery of material due to no fault on the part of the Contractor, appropriate time of completion extensions shall be granted by the City. M No Damage for Delays The Contractor shall not be entitled to any claims for damages for any hindrance or delay, from any cause whatever, in the progress of the work or any portion thereof, but such hindrance may entitle the Contractor to an extension of time for completing the work sufficient to compensate for the detention to be determined by the governing body of the City, provided it shall have immediate notice, in writing, of the cause of detention. N Employees of Contractor Whenever the Contractor is not present on the work, all communications shall be given to the Superintendent or overseers who may have immediate charge thereof. If any person employed on the work shall refuse or neglect to carry out the directions of the Contract, as to workmanship, character I - 5 of work and quality of materials, or shall appear to the City to be so incompetent, disorderly, or unfaithful as to endanger the proper ful- fillment of this Contract, he shall, upon request of the City, be at once discharged and not again employed on any part of the work. O Extra Work The Contractor, when directed in writing by the City to perform extra work which is required to complete the Contract and for which there is no quantity or unit price included in the Contract, shall perform such extra work in accordance with the instructions of the City. No claim for extras shall be allowed unless such extras have been ordered in advance, in writing, by the City; nor shall the work "EXTRAS" include any work which may be fairly implied as necessary for the proper completion of the project, and which, in the opinion of the City should be furnished or done by the Contractor without extra charge. P Inspection and Acceptance of Work Al1 work and materials to be performed or furnished under these specifications shall be subject to the inspection of the City and in all respects shall meet with their approval as conforming with the provisions and requirements prescribed therefor. The City, and its authorized representatives shall at all times be given free access to the work or any part thereof, in which any article or material to be used or furnished in connection with such work is being prepared or fabricated; and the Contractor will be required to provide every reasonable facility for obtaining full and sufficient information re- lative to the performance of the work and the character of materials, and for ascertaining that the quality of workmanship and materials is in accordance with the intent of the specifications. The Contractor warrants to the City that all materials and equipment furnished under this Contract will be new unless otherwise specified, and all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Where materials may be required to be tested, the Contractor shall prepare and pay for samples and testing, delivery of same in good con- dition to proper transportation agencies for shipment to the testing laboratories, as directed by the City and/or its duly appointed repre- sentative. The Contractor shall remove, rebuild and make good, at his own costs, any work which is found to be defective. Failure to condemn work at the time of its construction shall not be construed as an acceptance of de- fective work. The Contractor will be required to correct all imperfect work when- ever discovered. I - 6 The Contractor shall, if the City requests, remove or uncover such portions of the finished work as the City may direct, before the final acceptance of the same. After the examination, the Contractor shall restore said portion of the work to the standard required by the specifi- cations. If the work thus exposed or examined proves acceptable, the expenses of uncovering or removing and the replacing of the parts re- moved shall be paid for as extra work, unless otherwise provided in the specifications, but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and the replacing of the same in accordance with the specifications shall be borne by the Contractor. Q R Change of Line or Grade The City shall have the right to make alterations in the line or grade plan, form or dimensions of the work herein contemplated, either before or after the commencement of the work. If such alterations diminish the quantity of the work to be done, they shall not constitute a claim for damages or for anticipated profits on the work dispensed with; if they increase the amount of work, such increase shall be paid for according to the quantity actually done and at the price stipulated for such work as set out in the Schedule of Prices. The Contractor shall be responsible for maintaining all stakes or con- trols necessary to complete the work to the lines and grades as shown on the plan. Construction surveying will be performed by the City. Failure to Execute Contract Failure to comply with any of the requirements of the Specifications and Contract, or to execute the Contract within ten (10) days as specified, shall be just cause for the annulment of the award, or of the Contract. S Right to Complete Work If, at any time, the City shall be of the opinion that the work is unnecessarily delayed and will not be finished within the prescribed time, it shall notify the Contractor in writing to the effect. If the Con- tractor shall not, within five (5) days thereafter take such measures as will, in the judgement of the City, insure the satisfactory completion of the work, the City may then notify the Contractor to discontinue all work under this agreement; and the Contractor shall immediately respect said Notice and stop and cease to have any rights under this Contract, or to possession of the ground, equipment, and material installed or stockpiled, in transit or purchased. The City may then annul and cancel this Contract and re-let the work or any part thereof; or, the City may employ such force as it may deem advisable to complete the Work, and may use any materials dependent upon the work, or procure other materials and charge the expenses of labor and materials to the Contractor; and no payments for any of the work done by the Contractor shall be issued until the cost of completing said work by the City has been ascertained and certified by the City and such costs of completion shall have been paid into the City Treasury by the Contractor and his Sureties. I - 7 Z ' Cancellation of Contract If the Contractor shall assign this Contract or abandon the Work, or shall neglect or refuse to comply with any authorized instructions of the City relative thereto, or shall fail in any manner to comply with the specifications of plans herein contained, the City shall have the right to annul or cancel this agreement and to re-let and complete the work, or any part thereof under the provisions of paragraph headed "Right to Complete Work". But no such annulment of this Contract shall entitle the Contractor to any claim for damages on account thereof, nor shall it effect the right of the City to recover damages which may arise from such failure. U Indemnity The Contractor shall indemnify and hold harmless the City and the Engineer, from all suits or actions of every name and description brought against the City, for or on account of any injuries or damages received or sustained, by any party or parties, by or from acts of said Contractor or his employees or agents in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same, or on account of any improper materials being used in the construction, or by or on account of any act or omission of the Contractor or his employees or agents. V Authority of the City or its Designated Representative The City, or its designated representative, shall, in all cases, determine any and all questions which may arise concerning the quality, quantity and acceptability of all materials furnished and work performed; the manner and rate of progress or the performance of all work; all questions of classifications; the correct interpretation of all plans, specifications and contract provisions; the acceptable fulfillment of the Contract in all respects; the amount and classification of the several kinds of work and materials; the proper compensation for the performance or breach of the Contract; all claims of any character whatsoever connected with or growing out of the construction, whether claimed under the Contract (including any supplementary agreement or change order), or otherwise; and its estimates and decisions shall be final, binding and conclusive upon all parties hereto. W Taxes The Contractor's attention is directed to Amendment No. 7 to Section 6a, Article 20.01, Chapter 20, Title 122A, Taxation-General of the Revised Civil Statutes of Texas. This amendment provides that all items used or consumed by a con- tractor, whether incorporated into the project or not, can be purchased free of State and City sales tax when the project is being performed for an exempt agency. Included are equipment rentals and other items which are consumed by the Contractor but are not incorporated into the project. This contract is issued by an agency which qualifies for exemption pursuant to the provisions of Article 20.04 (f) of the Texas Limited Sales, Excise and Use Tax Act. I - 8 The Contractor performing this contract may purchase, rent, or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling #95.0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95-0.09 as amended to be effective October 2, 1968. X Y Z AA Cleaning Up of Roadway Easements, Public and Private Property Periodically and upon completion of the work and before acceptance and final payment is made, the Contractor shall clean and remove from the road- way easements, public and private property, lawns or adjacent property, all surplus and discarded materials and perishable matter, rubbish and temporary structures. He shall restore in an acceptable manner all property, both public and private which may have been damaged on account of the pro- secution of the work, and shall leave the roadway easements, public and private property neat and presentable. The cost of all such work shall be considered as included in and completely covered by the unit prices bid for the various items included in the Contract. During each construction project phase, care should be taken to prohibit the open burning of refuse. Digging and possible blasting operations may require control measures to prevent the creation of excessive dust. Right of Entry Authorized representatives of the City and/or the City Engineer shall have access to the work wherever it is in preparation process. Head- quarters for the work will be in the City Hall, Engineering Department. Patent Infringement, Claim, Patent Fees, and Royalties The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He will indemnify and hold harmless the City and the Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of the work, infringement of such rights during or after completion of the work and shall defend all such claims in connection with any alleged infringement of such rights. Instructions to Bidders l. General. The Contract Documents, including Plans and Specifications, are on file at the office of the City Manager of the City at the City Hall in said Municipality. 2. Land. For the purposes of constructing, operating and maintaining the herein described project, the Municipality has acquired the necessary land and right-of-way privileges required for the construction of the same. The Contractor will construct any necessary access roads or facilities, if any are required. I - 9 3. Plans and Specifications. Copies of the documents for this work including Plans and Specifications, may be obtained from the City Manager, City Hall, Paris, Texas. 4. Proposals. (a) Sealed proposals will be received by the City Manager of the City until the time specified in the advertisement for bids at the City Hall in the City of Paris, Texas, in accordance with the official advertisement. (b) Proposals must be made out upon the accompanying blank form. Reference shall be made on the outside of the envelope indicating the project being bid on. (c) No bid will be considered unless the party offering it shall furnish evidence satisfactory to the Municipality that he has necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. The low bidder or any other bidder may be required to submit financial statements. (d) The price must be written in the bid, and also stated in figures, and if any discrepancy occurs between the written and numbered prices, those most favorable to the Municipality will be taken as the intention of the bidder. Bids which are noticeably unbalanced will be voided. (e) Attention of the bidders is directed to the Specification require- ment that the contract shall be completed only during certain dry months. See paragraph entitled Time and Notice of Performing Work contained in Part II, Technical Construction Specifications. (f) Only with written permission from the Engineer can any bid or Proposal be withdrawn for a period of thirty (30) days after the opening thereof, excepting that any bidder may withdraw his bid personally or by telegraphic or by written request any any time prior to the closing time for the receipt of bids. 5. Bidder's Duties. (a) Bidder's Responsibility for Conditions of Work and Site _ Each bidder shall examine the Plans and Contract Documents, visit the location of the work, examine the ground and site of the work, and fully inform himself of all natural and legal conditions affecting the cost of the work to be performed including all sub-grade or underground conditions that may be encountered and shall make his own estimate of such costs and include same in his bid. It is understood that the bidder has taken all probable costs into consideration in the preparation of his bid and no additional compensation is to be paid therefor. I - 10 (b) Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. The Contractor must employ, insofar as possible, such methods and means in carrying out the work as will not cause any interruption or any interference with any other Contractor. (c) If any person contemplating submitting a bid for a proposed contract is in doubt as to the true meaning of any part of plans, specifications or other proposed contract documents, he may sub- mit to the Manager of the Municipality a written request for an interpretation thereof. The person submitting request will be responsible for its prompt delivery. Any interpretation of the proposed doc.uments will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Municipality will not be responsible for any other explanation or interpretation of the proposed documents. 6. Delinquent Bidders. No contract will be awarded to any person, firm or corporation that has been delinquent or unfaithful in any former contract with this Municipality, or who is a defaulter as surety or otherwise upon any obligation to the said Municipality. 7. Execution of Documents. The Contractor, in signing his bid on the whole or on any Division of the work, shall conform to the following requirements: (a) Bids which are not signed by individual making them should have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. (b) Bids which are signed for a partnership should be signed by all of the partners or by an attorney-in-faet. If signed by an attorney-in-fact, there should be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the partners. (c) Bids which are signed for a corporation should have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written be- low the corporate name following the word "By (d) If such a bid is manually signed by an official other than the President of the corporation, a certified copy of a resolution of the Board of Directors evidencing the authority of such official to sign the bid should be attached to it. Such bid should also bear the attesting signature of the secretary of the corporation and the impression of the corporate seal. I - 11 (e) The Contract shall be deemed as having been awarded when formal notice of award shall have been duly served upon the intended awardee (i.e., the bidder to whom the Municipality contemplates awarding the contract) by some officer or agent of the Municipality duly authorized to give such notice. 8. Filing Bids. After bids are opened and read aloud, they shall be placed on file in the Manager's Office for public inspection and shall remain there. 9. Basis of Award. Proposals shall be submitted for the Items or Units as shown on the Proposal Forms all furnished and installed in strict conformance with the Specifications therefor. No Proposal will be considered except upon completed work fully installed in place as specified. Award will be made to the most responsible bidder submitting the lowest bid. The determination of the lowest responsible bidder will be made by the City. 10. Alternates, Unit Prices and Stated Allowances. (a) Attention of bidders is also invited to the fact that: (1) the base bid may be decreased in accordance with any of the alternate proposals as may be selected which may appear in the Proposal; (2) that certain items are to be bid at unit prices which will apply in the event additions to or deductions from the work re- quired in the base bid (and accepted alternates) are ordered. (b) Bidders are required to bid upon each and every (1) unit item, and (2) fixed unit price item contained in the bid form relating to the work and the lump sum items upon which the bidder is offering a Proposal where the Specifications or the Proposal provides for such bids. 11. Right to Reject Bids. The Municipality reserves the right to reject any and all bids as authorized by law or to waive any informalities in bidding. 12. Supplemental Instructions. Each bidder shall submit a complete proposal on the entire work included within these Plans and Specifi- cations. Proposal Forms giving the description of the work and showing the expected quantity are included with the Contract Documents. Bidders shall use only this Form of Proposal, and shall specify the unit price where asked for, in both words and figures. Any change in the official proposal form, or any additions to it, may be cause for rejecting the bid. No bid will be considered which reserves a right by the contractor to accept or reject a contract awarded by the City. 13. Unusual Conditions. The Contractor shall examine the location of the work and determine for himself the nature of any unusual conditions affecting the cost of the work to be performed, and shall include in his bid the cost thereof, it being understood that no additional pay- ment is to be made therefor. - I - 12 14. Stated Quantities Approximate Only. The quantities of unit priced items in the proposal are approximate only and to be used as a basis for comparing bids. Deviation in final quantities from the document quantities will not be considered as a basis for change in the contract unit bid price. BB Manner and Method of Payment Progress payments shall be made at an interval not to exceed (3) calendar months. Payment will be made based upon the actual number of cubic yards moved. The number of cubic yards moved will be calculated from a volumetric survey to be conducted by the Engineer or his representative, and will be based upon undisturbed density and not upon loaded density. The Contractor shall submit to the Engineer, an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the City or the Engineer may require. The Contractor warrants and guarantees that title to all work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the City upon the re- ceipt of such payment by the Contractor, free and clear of all liens, claims,security interests or encumbrances, and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor; or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. If the Contractor has made Application for Payment as above, the Engineer will, with reasonable promptness but not more than seven (7) days after the receipt of the Application, issue a Certificate for Payment to the City, with a copy to the Contractor, for such amount as he determines to be properly due, or state in writing his reasons for withholding a Certificate as provided below. The issuance of a Certificate for Payment will constitute a represent- ation by the Engineer to the City, based on his observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from tr.e Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment of 80% of the amount certified with 20% retained until the completion of the project. In addition, the Engineer's final Certificate for Payment will constitute a further repre- sentation that the conditions precedent to the Contractor's being entitled I - 13 to final payment have been fulfilled. However, by issuing a Certificate for Payment, the Engineer shall not thereby be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. After the Engineer has issued a Certificate for Payment, the City shall make payment within thirty days. No certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the City, shall constitute an acceptance of any Work not in accordance with the Contract Documents. The Engineer may decline to approve an Application for Payment in whole or in part, to the extent reasonably necessary to protect the City from loss because of: l. defective work not remedied, 2. third party claims filed or reasonable evidence indicating probably filing of such claims, 3. failure of the Contractor to make payment properly to Sub- contractors or for labor, materials or equipment, 4. reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum, 5. damage to another contractor, 6. reasonable indication that the Work will not be completed within the Contract Time, or 7. unsatisfactory prosecution of the Work by the Contractor. When the above grounds are removed, payment shall be made for amounts withheld because of them. If the Engineer should fail to issue any Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the City should fail to pay the Contractor within thirty (30) days after the date of payment established in the Agreement any amount certified by the Engineer or awarded by arbitration, then the Contractor may, upon seven (7) additional days written notice to the City and the Engineer, stop the Work until pay- ment of the amount owing has been received. Upon receipt of written notice that the Wark is ready for final in- spection and acceptance and upon receipt of a final Application for Pay- ment, the Engineer will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully I - 14 performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. Neither the final payment nor the remaining retained percentage shall become due until the Contractor sabmits to the Engineer (1) an affidavit that all payrolls, bills for materials and equipment, and other indebted- ness connected with the Work for which the City or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, to final payment and (3) if required by the City, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the City. If any subcontractor refuses to furnish a release or waiver required by the City, the Contractor may furnish a bond satisfactory to the City to in- demnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the City all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. If after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor, and the Engineer so confirms, the City shall, upon certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated and if bonds have been furnished, the written consent of the surety to the payment of the balance due for that portion of the work fully completed and accepted shall be submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of all claims. The making of final payment shall constitute a waiver of all claims by the City except those arising from: l. unsettled liens, 2. faulty or defective work appearing after substantial completion, 3. failure of the work to comply with the requirements of the Contract Documents, or 4. terms of any special guarantees required by the Contract Documents. I - 15 PART II - TECHNICAL CONSTRUCTION SPECIFICATIONS A. DESCRIPTION OF WORK The Contractor shall furnish or provide all labor, equipment, liability insurance, supervision and all other services and operations involved in the excavating, transporting, and spreading of approximately 30,000 cubic yards of earth cover at the Paris Landfill. The excavation site is located in the northern half of the portion of land known as "Bulls 13.5 AC.", which is located in the north-east corner of the Paris Landfill. (See Plate-2) The excavated material is to be spread as cover over a portion of land located at the east end of the landfill, generally encompassing but not limited to,the portion of land known as "Bulls 40 AC.". (See Plate-2) Should the excavation site provide more cover material than is required in the "Bulls 40 AC." location, the remaining material will be spread as cover, in the northern part of the portion of the landfill known as "Porter 46 AC." Bidders are responsible for examining the work site and specifications and for otherwise familiarizing themselves with the work so as to be fully informed of all conditions affecting the work. Work is to be paid on a cubic yard basis and the quantity to be moved is subject to change. B. CONTRACTOR LIABILITY The Contractor assumes all liability for any death and/or personal or property damage arising from his execution of the work. The City of Paris assumes no liability for the actions or operations of the Contractor. The City may however withhold final payment until all damage claims or liens are settled. II-1 C. LIMITS OF WORK AREA D. The Contractor shall confine his work activities and equipment to within the easement lines or landfill boundaries, which are shown on the plans. In areas where the Contractor's activities cause damage outside these limits, the Contractor shall restore the areas. The City shall not become a legal party in such eases, but may withhold partial or full payment to ensure their proper resolve. EXAMINATION OF LOCATION The Contractor agrees that he will carefully examine the site of the proposed work, the proposal, plans, general requirements and covenants and the contract and bond forms for the work contemplated, and that he shall be fully informed regarding all of the conditions affecting the work to be done, and labor and materials to be furnished for the proper completion of the contract and shall rely on his own knowledge of conditions pertaining to the work. The Contractor further agrees that he is familiar with all Federal and State laws, local laws, ordinances and regulations which, in any manner, affect the work, and all equipment and materials used in the work, the quantities, character and location of same, and of other conditions surrounding the work. E. BASIS OF PAYMENT Payment will be made based upon the actual number of cubic yards moved. The number of cubic yards moved will be calculated from a volumetric land or aerial survey, to be conducted by the Engineer or his representative, and will be based upon undisturbed density and not upon loaded density. II-2 F. TIME AND NOTICE OF PERFORMING WORK Work is to be performed only during dry conditions, and only during the months of July, August and September of 1982. Three working days notice are to be provided to the Engineer before the Contractor initially commences work, and one working day notice if he resumes work after discontinuing his operations. Additionally, the Contractor shall cooperate with the Engineer in providing other information and notice, necessary to determine the quantities of earth being moved. G. TRAFFIC CONTROL AND ACCESS MAINTENANCE The Contractor must not allow the present landfill access road system, to deteriorate as result of his operations, and any damage he causes must be promptly repaired, so that user access is assured at all times. In addition the Contractor must provide for traffic control, if necessary to insure the safety of landfill users and personnel. The Contractor is responsible for taking any and all other necessary precautions to insure the safety of landfill users and personnel. H. COMMON EXCAVATION The earth to be excavated is located on a shallow hilltop in the northern half of the portion of the landfill known as "Bulls 13.5 AC", which is located in the north-east corner of the Paris Landfill. (See plate-2). The hilltop is to be excavated to various depths ranging from approximately one to six feet. The exact depth of excavation will depend on the currently existing contours, but generally the deeper cut will be in the northern two-to-three-hundred feet of "Bulls 13.5 AC." and will feather out to zero, at a location four-to-five-hundred feet south of the northern property line. The finished grade after excavation is to be shaped to drain in a southerly direction to a point where the grade will intersect an east-west drainage course which lies approximately six hundred feet south of the north property line. Alternate drainage schemes may be required by the engineer if it appears to be in the cities interest to do so. II-3 Additionally, the finished grade is to be free of large ruts, logs, boulders, trash or other debris. I. GRUBBING AND CLEARING The City will conduct a clearing operation at the excavation site, to remove most of thefoliage, however after July 1, any foliage which remains and must be removed to perform the work, will be the con- tractors responsibility. The Contractor shall include in his unit bid price, an allowance for any incidental grubbing and clearing, and for the proper disposal of any materials which result. Trees and other combus- tibles may be burned by the Contractor on a site to be designated by the Engineer. J. ROCK EXCAVATION No continuous seam of rock is to be excavated. In the event that a seam of rock is encountered, the Engineer shall be notified and excavation will either be stopped or transferred to another location. A seam of rock shall be defined as a continuous stone ledge, six inches or more in thick- ness, that may or may not include thin interbedded seams of soft material or shale. The vertical limits of a ledge of rock shall be determined by beds of soft material or shale more than twelve inches thick. Individual boulders or detached stones do not constitute a seam of rock. Nor will shale, fine clay, chert (joint flint rock) broken intermittent clayey parting or clay seams, stratified chert cemented with clay seams (hardpan), and plain or bituminous bound bases or surface courses of macadam, gravel, broken stone, or similiar materials be considered to constitute a seam of rock. K. SPREADING AND COMPACTING OF EARTH COVER Earth cover material is to be spread over locations designated by the Engineer, to a final compacted depth of one foot. The general location of the area in which cover is to spread is generally located in, but not limited to, the portion of land known as "Bulls 40 AC." Should the excavation site provide more cover material than is required in the "Bulls 40 AC." location, the remaining material will be spread as cover in the northern part of the portion of the landfill known as "Porter 46 AC.". II-4 City Personnel will be responsible for compaction. The Contractor is to distribute cover material in loose fill lifts not to exceed 12 inches and coordinate his operations,with City Personnel to facilitate compaction. Cover material must be free of trash, logs, boulders, and other foreign debris, and the final surface must be worked by the Contractor, so that it meets or exceeds all the requirements of the paragraph entitled Finished Gradings. L. FINISHED GRADING All areas disturbed by Contractor, excepting trencii excavations, shall be restored to finished grade condition. Finished grade shall be shaped to drain and blend well with the topography of the surrounding terrain. Finished grade shall have a minimum of one and maximum of two feet of trash free earth and shall be free of large ruts, logs, boulders, and all other foreign debris. The Contractor must dispose of all trash, logs, boulders, and other debris which he might encounter, by trans- porting it to the proper area of the landfill. Any access roads disturbed by the Contractor shall be restQred to their original condition, including but not limited to, resurfacing and ditching. Drainage routes disturbed by the Contractor shall be restored to original condition, or a suitable substitute route must be constzucted. II-5 PART III CONTRACT DOCUMENTS A. PROPOSAL FOR UNIT PRICE CONTRACT Place Paris, Texas Date July 7, 1982 Proposal of McKnight Constr.uction Company (hereinafter called Bidder) a corporation organized and existing under the laws of the State of Texas , a partnership consisting of 9 an individual trading as The Bidder, in accordance with the specifications and any related plans or drawings prepared by the Engineering Department of the City of Paris, Texas, having examined said specifications and drawings and additionally the work site, and being familiar with all the conditions affecting the proposed work, hereby proposes to furnish all labor, equipment, liability insurance, super- vision, and all other opera~ o~ns involved in the excavating, transporting, and spreading of approximately-~',000 cubic yards of earth at the Paris Texas Land- fill, and to perform the work in accordance with the specifications and con- tract documents at the price stated herewith. This price is to cover all ex- penses including taxes, incurred in performing the work required under the Specifications and Contract Documents, of which this proposal is a part. The Bidder understands the quantities are only approximate and that his unit price shall be binding whatever the actual quantities. B. BID PROPOSAL FORM For excavation, transporting and spreading of approximately 30,000 cubic yards of earth per the contract and specifications. Price Per Cubic Yard C )-c~ V ' r' Q i: (Write actual amount in words Price Per Cubic Yard ^ (Write out amount in figures Total Price Based Upon Estimated Quantity Total Price Based Upon Estimated Quantity ~ S-'~ . . . . ~ ~ w C ~n 5' u rs Y L-a' ....1. ! J! (Write actual amount in words) ~6J . Jo (Write out amount in figures) 11- L e i^t III - 1 C. BIDDER'S CERTIFICATE PARIS LANDFILL EARTHWORK CITY OF PARIS, TEXAS The Bidder hereby certifies: That this proposal is genuine and is not made in the interest of or on behalf of ar.y undisclosed person, firm or corporation, and is not submitted in conformity with any agreement or rules of any group, association of corporation. McKnight Construction Company (Legal Name of Firm) D. L. Lennon (Name of Officer) Assistant Vice President (Title of Officer) _ t , (Signatufe' 0 ficer) ~ July 7, 1982 (Date) P. 0. Drawer 299 (Address of Contractor) Commerce, Texas 751+28 214 886-3174 (Phone Number of Contractor) III-2 D. E1DVEF.TISETIENT FOR BI>>S ' I ~ LLCAL NUrlcE The City of Paris will receive sealed bias at the Office of the City Tianager, P. 0. Box 1037, Paris, Texas for the following items: 1. Dirt Contract for work at City Sanitary Landfill- 2. A sickle mower for the water & sewer department 3. Undenaater rescue equipment for t11e Fire Dcpartment 4. Roof repair at the Paris Public Library. Bids will be received Lu1ti1 10:00 A. r1., Wcdnesclay, July 7, 1982, at whic}i time all bids received will be publicly opened, tabulated arid referred to the Citv Council for tlicir considcrati.on. Bidders are notified of City cxemption for othci-ioise applicable sales and excise taxes. Notice to Bidders: Specifications and I3ic1 Fornis may be ohtained at the Office of the City Manager, Cit), Ilall, 1'aris, Texas. , CI'I'Y 0F P,ARIS, PARIS, 7'F.XAS ~ H. C. GR~ ,E - City Clerk III-3 E CONTRACT FOR EAR'I'HWORK AT PARIS LANDFILL STA TE OF TEXA S ~ COUNTY OF LAkIAP, ~ THIS AGREEMENT, made and entered into this 12th day of July p 19 82 , by and between CITY OF PARIS of the County of Lamar its 111ayor, Joe Graham and State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and McKnight Construction Company, by and through its Assistant Vice President, D. L. Lennorz of the City of Commerce , County of Hunt and State of Texas , Yarty of tlle Second Part, hcreinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter _mentioned, Party of the Second Part (CONTRACTOR) hereby agrees with Party of the First Part (OWNER) to commence and com - plete the construction of certain improvements described as follows: P'urnish all labor, liability insurance, supervision & perform all operations involved in the excavating, transporting, and spreading as cover material in designated areas, approximately 30,000 cubic yards of earth at the Paris Texas Landfill, and to perform the work in accordance with the specifications and contract documents. and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at liis (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equip- ment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared III-4 by Rick Conner , herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and ENGINEER, together with CONTRACTOR'S written Proposal and the General Conditions of the Agreement hereto attached, all of which are made a part hereof and collectively evidence and consti- tute the entire contract. 1he CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same within 80 calendar wigxkkig days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this con- tract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents 11ave executed this Agreement in the year and day first above written. CITY OF PARIS MCKNIGHT CONSTRUCTIOIJ Party of d-ie First Part Party of the Second Part (OWNER) (CONTRACTOR) By: BY ~ joe , .ayor ATTEST: ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: 1. K. ayne5, City Attorney III-5 STATE OF TEXAS 0 COUNTY OF LAMAK 0 BErORE ME, the undersigned authority, on this day personally appeared JOE GRAHAAI, Mayor of the 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 tlle purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OI;FICE, this day of July , 19 82. Notary Public, Lamar County, Texas STATE OF TEXAS 0 COUNTY OF 0 BEFORE ME, the undersigned authority, on this dav personally appeared , 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 stated). GIVEN LINllER MY HAND AND SEAL OT OFFIGL, this day of July , 19 82 Y Notarv Public, STATE OF TEXAS County, Texas III-6 u~d.r .76 • ' ! ' Maxer ~.'l- -t- ~ y • • ~1 ~ ~ ~ \ : ~ c.~ • • ~ . ~ Cro°!`ed 1494 Con:tr , . . . • Hinckiey • ~ • Com • \ ~ J ~..5.~ • I . s ~ ~ ~ ~ • Mt Cbrmel LANOFILL _ r. • SITE , Scole:l"= I Miie 1 .U . ~ . . KFTV . p~.~ , Mos, l: ~1.~...., LL -x,.r ' ; • : ' \ . t7'-n d h : - . . er . 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This estimated quantity shall be reduced to 20,000 cubic yards. Due to rain the foliage that was dozed during the City clearing operation, was not burned. The contractor is not required to burn this debris but must push it into a central pile. The approximate location of this pile is to be 600 or 700 feet south of the North boundary of "Bulls 13.5 AC." tract and 100 to 150 feet East of the West boundary.