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2021-048 - Approving a Three-Year Renewal Contract with Sanitaiton Solutions, INC in the amount of $36.63 per ton for demolition and debris removal of condemned structuresRESOLUTION NO. 2021 - 048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING A THREE-YEAR RENEWAL CONTRACT WITH SANITATION SOLUTIONS, INC. IN THE AMOUNT OF $36.63 PER TON FOR DEMOLITION AND DEBRIS REMOVAL OF CONDEMNED STRUCTURES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in response to a Request for Proposals for contract services for demolition of dilapidated structures and disposal fees, the City received one proposal dated December 2, 2021 from Sanitation Solutions, Inc.; and, WHEREAS, Sanitation Solutions, Inc. contract bid amount was $36.63 per ton for demolition and removal, up $3.28 (approximately 9%), from the previous three-year contract; and, WHEREAS, Sanitation Solutions is the current contract holder and the increase is believed to be due to the normal increased cost of providing services; and, WHEREAS, the City Council approves a three-year renewal contract with Sanitation Solutions, Inc. for demolition and disposal fees for dilapidated structures attached hereto as EXHIBIT A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City Council hereby awards a three-year contract attached hereto as EXHIBIT A. for the demolition of dilapidated structures and disposal fees to Sanitation Solutions, Inc., at a rate of $36.63 per ton. Section 3. This resolution shall be effective immediately upon passage. PASSED AND APPROVED this 131h day of December, 2021. Paula Portugal, MayoUro Tem ATTEST:QL ~' .J/� �/wry � 4✓t :„. nice Ellis, City Clerk ADDROVED AS TO FORM: Step anie H. Harris, City Attorney STATE OF TEXAS COUNTY OF LAMAR and KNOW ALL MEN BY THESE PRESENTS: AGREEMENT THIS AGREEMENT is entered into this day of , 2021, by between the City of Paris, Paris, Texas, hereinafter called OWNER, and with main offices located at Texas; hereinafter called CONTRACTOR. 1.01 OWNER employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services in accordance with the bid form; in accordance with the Master Specifications attached hereto; and in accordance with this Agreement. 1,02 CONTRACTOR shall complete all services under this Agreement within months from the date of execution hereof. 1.03 OWNER agrees to provide work orders to CONTRACTOR by no later than the fifth day of each month. There is no guarantee of the number of work orders which will be provided; however, CONTRACTOR agrees to complete, in their entirety, no fewer than five (5) outstanding work orders by no later than the last day of each month. Work orders should be completed in the order in which they were given to CONTRACTOR, and CONTRACTOR shall bill OWNER for completed work orders in accordance with Section 1.06 hereof. 1.04 Additional time to perform monthly work orders will be allowed by the OWNER only in the instance of substantial weather delays which make performance impractical, as determined exclusively by and approved by the OWNER. Weather delays will be considered by the OWNER only if requested immediately by the CONTRACTOR. Because CONTRACTOR will be completing work orders based on a monthly schedule, CONTRACTOR shall ensure that OWNER is made aware of any and all weather delays that occur throughout the month in the event those weather delays result in CONTRACTOR's failure to complete the required number of work orders by the monthly deadline. 1.05 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER may suffer financial loss if the Work is not completed on schedule with the City's fiscal year and within the times specified above, plus any extensions thereof allowed in accordance with this Agreement They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, 16 instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for unapproved delays (but not as a penalty) CONTRACTOR shall pay OWNER $100.00 per work order for each calendar day beyond the last day of each month that CONTRACTOR failed to complete a minimum of five (5) outstanding work orders. This Section does not apply to outstanding work orders beyond the minimum five (5) required in Section 1.03. 1.06 CONTRACTOR must submit bills to OWNER on a monthly basis for all work completed during the month by no later than the fifth day of the following month. Bilis should include a cover page showing the full amount due for the month, completed work orders showing the cost per structure, and landfill trip tickets for debris related to the demolition of each structure. No additional charges will be permitted unless approved in advance in writing by OWNER as a change order. No extra charges will be permitted for weather delays. CONTRACTOR will be paid within thirty (30) days of receipt of invoice by OWNER for work completed in conformance with the specifications, bid forms, and this contract. Nothing herein shall require OWNER to expend more funds than that amount currently budgeted for this activity as approved by the City Council. 1.07 The CONTRACTOR shall, for all purposes hereunder, be considered an independent contractor. 1.08 CONTRACTOR shall be responsible for the safety of operations and shall provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings as needed. 1.09 OWNER shall not be liable to CONTRACTOR, CONTRACTOR'S agents, servants, employees, patrons, customers, visitors, guests, or invitees, nor any pedestrian or bystander for any damage or injury caused by the acts or negligence of CONTRACTOR, CONTRACTOR's officers, employees, agents, or servants, or resulting from the operation of any device or equipment located upon the contracted property, or any appurtenance thereof, nor for any damage or injury from any defect or want of repair of any structure or device on the contracted property. 1.10 CONTRACTOR agrees to indemnify, save, and keep harmless the OWNER from any and all demands, debts, liabilities, suits, claims, and causes of action of every kind on account of injury or damage to any person or property, arising from or connected with the services and contractual duties provided by the CONTRACTOR hereunder. 17 M 1.11 CONTRACTOR is required to provide, during the term of this Agreement, and to keep and maintain in full force and effect, a policy or policies of insurance, providing at least $500'000.00 per person and $1,000,000.00 aggregate indemnifying the CONTRACTOR and the OWNER as a named insured for any and all damages, personal injuries, or property damages sustained in carrying out the duties of this contract, or any part thereof, as the result of the negligence of the CONTRACTOR, agents, servants, or employees, and shall pay all premiums due thereon when due. CONTRACTOR shall also be obligated to maintain worker's compensation insurance in conformance with and if required by State law. 1.12 It is expressly provided that all insurance policies required hereunder shall and must be written by a reputable insurance company or companies, and where appropriate must show the OWNER as an additional insured, subject to approval by the City Attorney of the City of Paris, and the CONTRACTOR's selected insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and shall remain in effect at all times during this contract period. All such policies shall be written so that OWNER will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be made to the OWNER by certified mail, return receipt requested, addressed to the City of Paris at the following address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas 75461- 9037. 1.13 CONTRACTOR shall keep and perform every agreement and covenant herein. In the event CONTRACTOR shall default in any covenant, condition, provision, or stipulation herein contained, OWNER may notify CONTRACTOR verbally or, at its discretion, in writing, that a discrepancy has occurred. Notice when given shall include a description of the discrepancy and directives for correction. CONTRACTOR remains solely responsible to complete the work as contracted, whether notified of a discrepancy by OWNER or not, and failure of OWNER to notify of such discrepancy shall not excuse CONTRACTOR's obligations hereunder. 1.14 OWNER will not be responsible for faulty work, repeat work that was due to CONTRACTOR error or omission, or mechanical breakdown of equipment. The properties are vacant, subject to illegal dumping and other misuse, and it is expressly the CONTRACTOR's obligation to use caution while performing the work at all times. 1.15 OWNER may terminate this agreement for cause or at its convenience at anytime during the period of performance. If termination is for cause, CONTRACTOR shall immediately cease further services and shall be compensated only for that 18 t' work completed to the date of termination and completed in full conformance with the bid forms, Master Specifications, and this Agreement. If termination is for the OWNER's convenience, CONTRACTOR shall be compensated for that work completed or partially completed to the date of termination and performed in full conformance with the bid forms, Master Specifications, and this Agreement, plus CONTRACTOR shall be compensated for any additional charges reasonably incurred, the amount of which shall be determined by the OWNER, in preparation for performance of any further services outstanding. Other than as stated herein, CONTRACTOR shall have no other claim or recourse against the OWNER for termination of the contract. 1.16 This Agreement may not be subcontracted, in whole or in part, without the OWNER's express written approval in advance of the services. 1.17 CONTRACTOR should not discriminate against any employee because of race, color, religion, sex, national origin, age, or disability. 1.18 The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement shall not be affected thereby. 1.19 This Agreement embodies the entire understanding between the parties and there are no prior effective representations, warranties, or agreements, written or oral, between the parties. 1.20 This Agreement shall be subject to all present and future valid laws of the United States, State of Texas, and Ordinances of the City of Paris. 1.21 All services to be performed hereunder shall be and are to be rendered exclusively in Lamar County, Texas. Venue for any State Court cause of action arising out of or in any way related to this contract shall lie exclusively in the courts of Lamar County, Texas, and venue for any Federal Court cause of action shall lie exclusively in the U.S. District Court for the Eastern District of Texas, Tyler Division. 1.22 By executing this Agreement, the CONTRACTOR hereby certifies that the only person or persons interested in this Agreement as principals are named herein, and the CONTRACTOR during the bid process or otherwise has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the services contracted herein. Collusion in the bid process will constitute a substantial breach of the contract and justify termination of the Agreement by the OWNER for cause. 19 N Executed in duplicates, each of which is deemed to be original and as of the day and date first written in this Agreement. This Agreement will be effective on CONTRACTOR (Corporate Seal) ATTEST: Address for giving notices: 20 2021. CITY OF PARIS, PARIS, TEXAS (Corporate Seal) ATTEST: Address forgiving notices: P. O. Box 9037 Paris, TX 76461 BID PROJECT IDENTIFICATION: Demolition and Disposal of Dilapidated Structures 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contact Documents to perform and furnish all Work as specified or indicated in the Contract Documents and Master Specifications for the Contract Price and within the Contact Time indicated in this Bid and in accordance with other terms and conditions on the Contract Documents. 2. BIDDER accepts all terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidder. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of which is hereby acknowledged: Number Date (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. (c) BIDDER has given OWNER written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to BIDDER. (d) This Bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 9 4, 'BIDDER will complete the Work for the following price: Description of work: Demolition and disposal of dilapidated structures located in various areas around the city of Paris. Bidders should carefully review the Master Specifications included in `the Contract Documents to ensure the Bid includes all potential aspects ofproperty removal and disposal at a City and TCEQ approved landfill (City of Paris will be directly responsible for tipping fee). Payment will be based upon landfill trip tickets. 63 Total Price Per Ton � 0 " (36 month contract) Quantities are not guaranteed. Payment will be based on actual quantities. 5. BIDDER agrees that the Work will be substantially complete within twelve (12) months after the date when the Contract Time commences to run; however, BIDDER may propose a longer term if it will result in a lower bid. 6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. The following documents are attached to and made a condition of this BID: (a) Performance and Payment Bonds are required (or cashier's check for 5% of Bid). (b) Statement of Bidder's Qualifications. 8. CONTRACTOR must submit certificates of insurance and workmen compensation insurance in accordance with State and local law. SUBMITTED ON Z" 2021. 10 If BIDDER is: An Individual By doing business as Business address: Phone Number: A Partnership By Business address: Phone Number: (Individual's Name) (Firm Name) (General Partner) A Corporation By s li'i,¢�/ems -fid�Gi,P7'dNc,4-w-c (Corporation Name) 7e- >,-a S' (State of Incorporation) (Corporate Seal) I Official) (Title) Attest (Secretary) Business address: 11 Phone Number: t QIJ3) ;7F—t 7ie1Q A Joint Venture By (Name) By (Address) (Name) By (Name) By (Name) By (Name) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above) 12 N MASTER SPECIFICATIONS DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES CITY OF PARIS, PARIS, TEXAS 1.0 DEFINITIONS: A. OWNER shall mean the City of Paris. B. Contractor shall mean the person or firm who is awarded the demolition and contract for the OWNER. C. Cleaning and removal of trash and debris shall mean the use of any mechanical or hand method by which filth, rubbish, refuse, or other matter that might be unhealthy and/or unsightly is removed from any property or lot and disposed of by approved methods as delineated in the Code of Ordinances. D. CODE ENFORCEMENT SUPERVISOR means the CODE ENFORCEMENT SUPERVISOR for the City of Paris. E. Hand work/cutting shall mean the mowing of high weeds by means other than a tractor mower and may include the use of weed eaters, brush hogs, clippers, chain saws, and other similar tools. Other hand work may include the removal of fencing, refuse, trash, junk, and other debris. F. Work Order shall mean a notice in writing from the OWNER instructing the CONTRACTOR to perform specific work at a particular location (a copy is attached hereto). G. Demolition shall mean the safe, timely, and complete removal of a specified structure with the debris removed to a City and TCEQ approved landfill. H. Utilities shall include services provided to the structure including gas, water, and electricity. Other services maybe involved in a particular contract. 1. Mature tree shall mean a tree having a trunk circumference of at least ten (10) inches but less than sixty (60) inches measured four and one-half (4 1/2) feet above natural grade level. Protected tree shall mean any tree having a circumference of sixty (60) or more, measured four and one-half (41/2) feet above natural grade level. 21 1.01 GENERAL A. Each Work Order shall provide for one-time specific demolition required by OWNER for property management and enforcement on a specified property. Exact demolition specifics shall be provided in each Work Order. B. CONTRACTOR shall be responsible for the safety of personnel and operations. CONTRACTOR shall provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings as needed or as specified by the Work Order: C. Because time is of the essence in the filing of liens after demolition, Work Orders should be returned to OWNER immediately upon completion of demolition. Work Orders will not be considered CONTRACTOR's bills they are used solely for the purpose of advising CONTRACTOR of the nature of work necessary at each location and for assisting OWNER in filing liens. 1.02 DEMOLITION A. Demolition shall include the removal of only those exact items specifically set out in the Work Order. B. Overall safety and adverse impact to the neighborhood shall be considered a priority. CONTRACTOR shall provide demolition within hours which are reasonable to the conditions of the neighborhood, be cognizant and make provisions to control excessive dust, and secure the area for the overall safety of operations as is defined 'within these Specifications. CONTRACTOR shall not leave the work site when portions of a structure or other items are in a dangerous condition. Such conditions may require posting a guard or continuing the demolition until the condition is relieved. C. Demolition shall follow good construction practices. Itis the intent of OWNER to remove the standing hazard as quickly as possible, and CONTRACTOR should attempt to satisfy this. This may involve the processes of pushing, breaking, or otherwise reducing standing components into a pile or piles of debris. Any form and method of demolition will be accepted as long as it conforms to good practice, the method is safe, CONTRACTOR has a history of successful applications, and the method is relative to aparticular job provided by the Specifications. OWNER reserves the right to forbid a specific method when CONTRACTOR is inexperienced, is wishing to try experimental techniques or practices, or is proposing a technique which is dangerous to the surrounding neighborhood. 22 D. Equipment and tools left on the property are the responsibility of CONTRACTOR. OWNER shall not be responsible for theft, damage, or adverse use of the equipment. E. Mature and protected trees found on a property shall be protected. Contractors shall work around the tree carefully to prevent damage to the tree and its root system. Sapling trees and sprouts may be removed only if they are found in a path needed for access to the structure. 1.03 TRASH AND RUBBISH REMOVAL BY CONTRACTOR (WHEN SPECIFIED IN BID FORM A. Additional waste material shall be removed from the property and disposed of by CONTRACTOR only if specified in a Work Order. CONTRACTOR shall not deviate from the Specifications, shall not utilize waste removal processes that are contrary to good practices or State law, and shall not utilize removal of -waste to an unapproved site location. Proof of proper disposal of all waste materials, including demolition debris, must be submitted upon completion by providing the OWNER with approved landfill tickets at the time of monthly billing. B. OWNER reserves the right to recycle prior to or during actual demolition. This may include removing useable structural elements, removing or separating furnishings, shingles, and other waste components. This will be done by OWNER at its expense prior to issuance of a Work Order. C, OWNER reserves the right to approve any method for controlling and removing the waste. This may involve using on-site containers, grinding the material to reduce the waste, or providing that CONTRACTOR transport the waste to a City and TCEQ approved landfill. Bidders should specify intent and include the cost of such disposal method in its Bid. D. Junk, trash, and rubbish type material shall be removed from property only when specifically provided by the Work Order. All such material shall be disposed of properly at a sanitary landfill or as otherwise specified. E. Minor litter shall be cleaned and removed as a part of the total bid on any project. This type of work shall include the removal of any debris by any means and shall be removed as is necessary utilizing hand work or the use of machinery. Special attention shall be made to remove small articles, stone, metal, wire, and other similar objects which could become a hazard if thrown by a shredder or mower. F. Properties which have rubbish or waste which requires special handling may have specific instructions for the removal and/or disposal of the material provided in the Work Order. 23 G. CONTRACTOR shall use equipment that is suitable for the work to be performed and the time constraints of the bid. 1.04 LEVELING, FILLING, AND GENERAL BLADE WORK A. Work Orders will, at times, require that lots be leveled, abandoned wells filled, holes filled, or humps brought to normal grade. Blade work may be necessary to improve drainage, remove humps, fill holes, or other needs. This type of work may require the use of heavy equipment, standard box blades, angled blades, or tiller type attachments. Fill dirt required may provided by OWNER if necessary. 1. Blade work shall be carefully performed to a level approved by OWNER. This includes leveling of the area designated and removing ruts, boles, low spots, roots, debris, large clumps of soil, rocks, and any other material that interferes with the maintenance of the property. 2. Wells shall be filled with clean sand or gravel type material. No exceptions. CONTRACTOR must advise OWNER prior to filling a well if additional expenses will be incurred. 1.05 FENCES A. Removal of residential fences may only be provided when specified by the OWNER. B. Removal ofresidential fences shall include the removal of all posts, concrete, sheet metal, wire, brush, junk, etc. and may include work by hand or equipment when allowable. When a fence is removed, the material removed is rubbish and shall be disposed of by CONTRACTOR; however, brick or concrete may be buried on site. 1.06 DISPOSAL AND RECYCLING A. Bricks and concrete may be buried on site at CONTRACTOR's option; however, all other waste shall be deposited in a TCEQ approved landfill with receipts provided to the City of Paris. B. Contractors shall furnish written proof to the OWNER of the proper and legal disposal at a City and TCEQ approved landfill of all materials generated from performance of the Agreement. Final payment will not be released to CONTRACTOR until proof of proper disposal of all items has been furnished to OWNER and OWNER has confirmed that all items listed on the Work Order have been satisfactorily completed. 1.07 UTILITIES Unless otherwise specified, utility disconnects shall be the responsibility of OWNER. 24