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
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.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,
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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.
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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
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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.
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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:
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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.
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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.
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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.
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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:
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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)
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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.
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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.
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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.
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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.
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