2005-139-RES AWARDING BID FOR DEMO OF DILAPIDATED STRUCTURES TO BARNEY BRAY CONSTRUCTION
RESOLUTION NO. 2005-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, A WARDING THE BID AND AUTHORIZING THE
NEGOTIATION OF A CONTRACT FOR THE DEMOLITION AND
DISPOSAL OF DILAPIDATED STRUCTURES IN THE CITY OF PARIS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for
furnishing plant, labor, materials, and equipment, and for performing all work required for the
demolition and disposal of dilapidated structures in the City of Paris, which bids were received
until 3:00 o'clock p.m., Tuesday, the 8th day of November, 2005; and,
WHEREAS, the best bid for such demolition and disposal of dilapidated structures was
made by Barney Bray Construction Company, of Paris, Texas, and it should be awarded the bid
for the same; and,
WHEREAS, the form of the Agreement for such demolition and disposal project,
included in Exhibit A attached hereto, should in all things be approved, and the Mayor should
be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the bid of Barney Bray Construction Company for the demolition and
disposal of dilapidated structures in the City of Paris , be, and the same is hereby, accepted and
let conditioned upon said contractor meeting all of the terms and specifications included in the
bid documents, and that the City Manager be authorized to negotiate a contract with Barney
Bray Construction Company in an amount not to exceed the bid tabulation.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, the Agreement with Barney Bray Construction Company in such
form as shown in Exhibit A attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 21st day ofNove!11ber, 2005.
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ATTEST:
~tOO~
ice Ellis, City Clerk
APPROVED AS TO FORM:
~~~-A
Lestock, Asst. City Attorney
....1 .
DEMOLITION AND DISPOSAL
OF DILAPIDATED STRUCTURES
2005
CITY OF PARIS
PARIS, TEXAS
MAYOR
CURTIS R. FENDLEY (DISTRICT 5)
MAYOR PRO- TEM
RICHARD MANNING (DISTRICT 4)
CITY COUNCIL
MARY ANN FISHER (DISTRICT 1)
KAREN WILKERSON (DISTRICT 2)
RICK POSTON (DISTRICT 3)
DON WILSON (DISTRICT 6)
TIM RAY (DISTRICT 7)
CITY MANAGER
TONY N. WILLIAMS
CITY ATTORNEY
LARRY W. SCHENK
DIRECTOR OF COMMUNITY DEVELOPMENT
LISA A. WRIGHT
Project Approved By:
Tony N. Williams, City Manager
Project Recommended By:
Lisa A. Wright, Director of Community
Development
EXHIBIT A.
TABLE OF CONTENTS
, Advertisement for Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Instructions to Bidders ............................................ 2
Bid Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Bid Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Statement of Bidder's Qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Notice of Award ................................................ 15
Agreement .................................................... 16
Master Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Receipt for Payment and Release of Liens ........................... 27
PUBLISH PARIS NEWS
DATE: OCTOBER 23, 2005
DATE: OCTOBER 30, 2005
ADVERTISEMENT FOR BIDS
PROJECT: DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES
OWNER: CITY OF PARIS, PARIS, TEXAS
Sealed bids for the demolition and disposal of dilapidated structures will be received by the City of
Paris, Paris, Texas, at the office of the City Manager, City Hall, 135 1st Street S.E., P.O. Box 9037,
Paris, Texas 75461-9037, until 2:00 pm on Tuesday, November 8, 2005,at which time all bids will
be publicly opened, read aloud, tabulated, and referred to the City Council for the purpose ofletting
such.
Bid specifications can be obtained at the following place:
COMMUNITY DEVELOPMENT DEPARTMENT
City Hall Annex
150 1 st Street SE
Paris, Texas 75460
The City of Paris, as owner, reserves the right to reject any or all bids, to waive any informality in
bidding, and to award bids as may be advantageous to the City. Time of completion of the project
is six (6) months from date of contract execution, and is a consideration in the awarding of this bid.
Bidders are notified of City exemption from otherwise applicable sales and excise taxes.
All bids must be submitted on the bid form included in the Contract Documents. Bid Security in the
form and amount as stated in Instruction to bidders must be submitted with each bid.
All bids shall remain open for 60 days after the Bid opening.
City of Paris
Paris, Texas
Janice Ellis, City Clerk
INSTRUCTIONS TO BIDDERS
1 Defined Terms
Terms used in these Instructions to Bidders which are defined in the Master
Specifications of the Agreement have the meanings assigned to them in the Master
Specifications. The term "Bidder" means the one who submits a Bid directly to
OWNER, as distinct from sub-bidder, who submits a bid to a Bidder. The term
"Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder
to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided)
makes an award. The term "Bidding Documents" includes the Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract
Documents (including all Addenda issued prior to receipt of Bids).
2 QQpies of Bidding Documents
2.1 A complete set of the Bidding Documents may be obtained from DIRECTOR OF
COMMUNITY DEVELOPMENT.
2.2 A complete set of Bidding Documents must be used in preparing Bids; neither
OWNER nor DIRECTOR OF COMMUNITY DEVELOPMENT assume any
responsibility for errors or misinterpretations resulting from the use of incomplete
sets of Bidding Documents.
2.3 OWNER and DIRECTOR OF COMMUNITY DEVELOPMENT, in making copies of
Bidding Documents available on the above terms, do so only for the purpose of
obtaining Bids on the Work and do not confer a license or grant for any other use.
3 Qualifications of Bidders
To demonstrate qualifications to perform the Work, each Bidder must submit with
its Bid written evidence, such as financial data, previous experience, present
commitments, and other such data as may be called for below. Each Bid must
contain evidence of Bidder's qualification to do business in the state where the
Project is located or covenant to obtain such qualification prior to award of the
contract.
4 Examination of Contract Documents and Site
4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract documents thoroughly, (b) consider Federal, State and local Laws and
Regulations that may affect cost, progress, performance, or furnishing of the Work,
(c) study and carefully correlate Bidder's observations with the Contract Documents,
and (d) notify DIRECTOR OF COMMUNITY DEVELOPMENT of all conflicts, errors,
or discrepancies in the Contract Documents.
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4.2 DIRECTOR OF COMMUNITY DEVELOPMENT has designated for demolition
various properties located throughout the city in the amount of approximately 9,000
cubic yards, :I: 20%. Those designated properties may be modified at any time
during the course of the Contract by either addition or deletion of properties, and the
properties may be submitted to the CONTRACTOR in no particular order and in no
particular quantity at one time. Demolition may be spread out over the course of the
Contract in any manner deemed necessary by DIRECTOR OF COMMUNITY
DEVELOPMENT.
4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without
exception the Bid is premised upon performing and furnishing the Work required by
the Contract Documents and such means, methods, techniques, sequences, or
procedures of demolition as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5 ooretations and Addenda
5.1 All questions about the meaning or intent of the Contract Documents are to be
directed to DIRECTOR OF COMMUNITY DEVELOPMENT. Interpretations or
clarifications considered necessary by DIRECTOR OF COMMUNITY
DEVELOPMENT in response to such questions will be issued by Addenda mailed
or delivered to all parties recorded by DIRECTOR OF COMMUNITY
DEVELOPMENT as having received the Bidding Documents. Questions received
less than seven (7) days prior to the date for opening of Bids may not be answered.
Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or DIRECTOR OF COMMUNITY DEVELOPMENT.
6 Contract Time
6.1 After award and upon receipt by OWNER of all signed contracts and bond and other
documents associated with this project, DIRECTOR OF COMMUNITY
DEVELOPMENT will submit a list of structures to CONTRACTOR shown in order
of priority. Upon completion of each list, CONTRACTOR must contact DIRECTOR
OF COMMUNITY DEVELOPMENT for a new list of structures. Nothing in these bid
documents shall require OWNER to expend more than that amount budgeted for
this purpose as approved by the City Council of the City of Paris.
6.2 All work associated with this project must be completed within six (6) months from
the date of contract execution.
3
7 Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreement.
8 Subcontractors, Sugpliers, and Others
No Contractor shall be required to employ any Subcontractor, Supplier, other
person or organization against whom Owner has reasonable objection.
9 Bid Form
9.1 The Bid Form is included with the Bidding Documents; additional copies may be
obtained from DIRECTOR OF COMMUNITY DEVELOPMENT.
9.2 All blanks on the Bid Form must be completed in ink, by typewriter, or clearly legible
handwriting.
9.3 Bids by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority
to sign) and the corporate seal must be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation must be
shown below the signature.
9.4 Bids by partnerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature, and the official address of the
partnership must be shown below the signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
9.7 The address and telephone number for communications regarding the Bid must be
shown.
10 Submission of Bids
Bids shall be submitted at the time and place indicated in the Advertisement or
Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with
the Project title. If the Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with the notation "BID
ENCLOSED" on the face of it.
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11 Modification and Withdrawal of Bids
11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in
the manner that a Bid must be executed) and deliveied to the place where Bids are
to be submitted at any time prior to the opening of Bids.
11.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed
written notice with OWNER and promptly thereafter demonstrates to the reasonable
satisfaction of OWNER that there was a material and substantial mistake in the
preparation of its Bid, that Bidder may withdraw its Bid. Thereafter, that Bidder will
be disqualified from further bidding on the Work to be provided under the Contract
Documents.
12 Qpening of Bids
Bids will be opened and read aloud publicly. An abstract of the amounts of the base
bids and major alternates (if any) will be made available to Bidders after the opening
of Bids.
13 Bids to Remain Subiect to Acceptance
All bids will remain subject to acceptance for sixty (60) days after the day of the Bid
opening, but OWNER may, in its sole discretion, release any Bid prior to that date.
14 Award of Contract
14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities
not involving price, time, or changes in the Work and to negotiate contract terms
with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced, or conditional Bids. Also, OWNER reserves the right
to reject the Bid of any Bidder if OWNER believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by OWNER.
Discrepancies in the multiplication of units of ~ork and unit prices will be resolved
in favor of the unit prices. Discrepancies between the indicated sum of any column
of figures and the correct sum thereof will be resolved in favor of the correct sum.
14.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the bids comply with the prescribed requirements, and such alternates, unit
prices, and other data as may be requested in the Bid Form or prior to the Notice
of Award.
14.3 OWNER may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
5
Work as to which the identity of Subcontractors, Suppliers, and other person and
organizations must be submitted as provided in the Supplementary Conditions.
OWNER also may consider the operating costs, maintenance requirements,
performance data, and guarantees of major items of materials and equipment
proposed for incorporation in the Work when such data is required to be submitted
prior to the Notice of Award.
14.4 OWNER may conduct such investigation as OWNER deems necessary to assist in
the evaluation of any Bid and to establish the responsibility, qualifications, and
financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons
and organizations to perform and furnish the Work in accordance with the Contract
Documents to OWNER'S satisfaction within the prescribed time.
14.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose
evaluation by OWNER indicates to OWNER that the award will be in the best
interest of the Project.
14.6 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within sixty (60) days after the day of the Bid opening.
15 Contract Security
When the Successful Bidder delivers the executed Agreement to OWNER, it must
be accompanied by the required performance and payment Bonds.
16 Signing of Agreement
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other written Contract Documents attached. Within fifteen (15) days
thereafter, Contractor shall sign and deliver the required number of counterparts of
the Agreement and attached documents to OWNER with the required Bonds.
Within ten (10) days thereafter, OWNER shall deliver one (1) fully signed
counterpart to Contractor.
17 Prebid Conference
A prebid conference will not be held on this Project.
18 Sales and Use Taxes
OWNER is exempt from taxes under Chapter 20, Title 122A, Revised Civil Statutes
of Texas to be incorporated in the Work (exemption No.75-6000635). Said taxes
shall not be included in the Contract Price.
6
19 Street Use Fee for Solid Waste Haulers
Holders of permits issued under Sec. 16-34 of the Code of Ordinances of the City
of Paris will be exempt from payment of the street use fee associated therewith for
the hauling of waste associated with the demolition of the proposed structures.
20 Billing and Payment
CONTRACTOR must bill OWNER on a monthly basis. Payment will thereafter be
made to CONTRACTOR after verification of the completion of the Work to the
satisfaction of the DIRECTOR OF COMMUNITY DEVELOPMENT.
7
. .
BID BOND
BOND NUMBER
, KNOW ALL MEN BY THESE PRESENTS:
THAT ' of ' as Principal,
and ' as Surety, are held and firmly bound unto
THE CITY OF PARIS, PARIS, TEXAS, as Obligee, in the full and just sum of
Dollars, lawful money of the United States, for the
payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal for the demolition
and disposal of dilapidated structures.
THE CONDITION OF THIS OBLIGATION is such that ifthe aforesaid Principal shall
be awarded the Contract the said Principal will, within the time required, enter into a formal
Contract and give a good and sufficient Bond to secure the performance of the terms and
conditions of the Contract, then this obligation to be void; otherwise the Principal and
Surety will pay unto the Obligee the difference in money between the amount of the Bid
of the said Principal and the amount for which the Obligee legally contracts with another
party to perform the work if the latter amount be in excess of the former, but in no event
shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered
(date)
(seal)
( seal)
SURETY
Attorney-in-fact
8
BID
PROJECT IDENTIFICATION: Demolition and Disposal of Dilapidated Structures
1. The undersigned BIDDER proposes and agrees, ifthis 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. BI DDER 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
9
has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
4. BIDDER will complete the Work fOi the following price:
Description of work: Demolition and disposal of approximately 9,000 cubic
yards, t 20%, 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 of property removal and disposal in a
TCEQ approved landfill. Payment will be based upon
landfill trip tickets.
Total Price Per Cubic yard $
NOTE: Any alternative methods of bidding will be considered. Please attach
alternative proposals on company letterhead, explaining the bidding methodology
in detail.
Quantities are not guaranteed. Payment will be based on actual quantities.
5. BIDDER agrees that the Work will be substantially complete within six (6) months
after the date when the Contract Time commences to run.
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.
(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
,2005.
10
If BIDDER is:
An Individual
By
doing business as
Business address:
(Individual's Name)
Phone Number:
A Partnership
By
(Firm Name)
(General Partner)
Business address:
Phone Number:
11
A Corporation
By
(Corporation Name)
(State of Incorporation)
By
(Authorized Official)
(Title)
(Corporate Seal)
Attest
(Secretary)
Business address:
Phone Number:
A Joint Venture
By
(Name)
(Address)
(Name)
(Name)
(Name)
By
By
By
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
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted by the BIDDER ONLY at the time of its Bid)
To allow the OWNER to determine the lowest responsible BIDDER, the following
information shall be provided. Attach separate sheets as needed.
1. Name of BIDDER.
2. Type of organization, i.e., corporation, sole proprietor, partnership, etc.
3. Permanent main office address.
4.' When organized.
5. If a corporation, where incorporation.
6. State how many years you have been engaged in the contracting business under
your present firm or trade name, and give all other names under which your
organization has operated in the last 10 years.
7. State the name of all corporate officers, or partners, or the owners, as appropriate.
8. State the company tax identification number, or, if a sole proprietor, the proprietor's
social security number.
9. Contracts on hand: (Schedule these, showing amount of each contract and the
appropriate dates and current percent of completion). Provide name, address, and
telephone number of the project owner and the engineer. Provide name, address,
and telephone number of the project owner and engineer.
10. General character of work performed by your company.
11. Have you ever failed to complete any work awarded to you? If so, provide
information about where and why.
12. Have you ever defaulted on a contract? If so, provide information about where and
why.
13.' List your important projects recently completed by your company and for whom,
stating the approximate cost for each and the month and year completed. Provide
name, address, and telephone number of the project owner and engineer.
14. List your major equipment available for this contract.
13
15. Experience in demolition work similar in importance to this project.
16. Background and experience of the principal members of your organization, including
the officers and the proposed Project Superintendent.
17. The undersigned hereby authorizes and request any person, firm, or corporation to
furnish any information requested by the OWNER in verifications of the recitals
comprising the Statement of Bidder's Qualifications.
Dated at
, this
day of
,20
Name of Bidder
By:
Title:
STATE OF
COUNTY OF
, being duly sworn, deposes and says
that he is of ,
and that the answers to the foregoing questions and all statements therein contained are
true and correct.
Subscribed and sworn to before me this
day of
,20
Notary Public
My commission expires:
14
NOTICE OF AWARD
TO:
ADDRESS:
PROJECT DESCRIPTION: Demolition and disposal of approximately 9,000 cubic yards,
:t 20%, of dilapidated structures located in random locations throughout the city of Paris
and other work associated therewith.
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated October 23, 2005, and Information for
Bidders.
You are hereby notified that your BID has been accepted for in the amount of
$ per cubic yard.
You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of
insurance within fifteen (15) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within fifteen (15) days
from the date of this Notice, OWNER will be entitled to consider all your rights arising out
of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID
BOND. The OWNER will be entitled to such other rights as maybe granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the
OWNER.
day of
,20
Dated this
City of Paris, Paris, Texas
(Owner)
By:
Title:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
, this day of , 20
By:
Title:
15
STATE OF TEXAS ~
KNOV~ ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~
AGREEMENT
THIS AGREEMENT is entered into this day of ,20_,
by and 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 such services within six (6) months from the date
of execution of this Agreement. Additional time to perform will be allowed by the
OWNER only in the instance of 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.
1.03 CONTRACTOR must submit bills to OWNER on a monthly basis. 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.
1.04 The CONTRACTOR shall, for all purposes hereunder, be considered an
independent contractor.
1.05 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.
1.06 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
16
resulting from the operation of any device or eqL!ipment located upon the contracted
property, or any appurtenance thereof, norfor any damage or injury from any defect
or want of repair of any structure or device on the contracted property.
1.07 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.
1.08 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 $250,0000.00 per person and $500,000.00 for any single occurrence for
bodily injury or death and $100,000.00 for any single occurrence for injury to or
destruction of property, 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.
1.09 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.
1.10 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.
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1.11 OVv'NER 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.
1.12 OWNER may terminate this agreement for cause or at its convenience at any time
during the period of performance. If termination is for cause, CONTRACTOR shall
immediately cease further services and shall be compensated only for that 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.
1.13 This Agreement may not be subcontracted, in whole or in part, without the
OWNER's express written approval in advance of the services.
1.14 CONTRACTOR should not discriminate against any employee because of race,
color, religion, sex, national origin, age, or disability.
1.15 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.
1.16 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.
1.17 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.
1.18 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.
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1.19 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.
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
,20
CONTRACTOR
CITY OF PARIS, PARIS, TEXAS
(Corporate Seal)
ATTEST:
(Corporate Seal)
ATTEST:
Address for giving notices:
Address for giving notices:
19
MASTER SPECIFICATIONS
DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES
CITY OF PARIS, PARIS, TEXAS
1.00 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 OWN ER.
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. Director of Community Development means the Director of Community
Development 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 offencing,
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 TCEQ approved landfill.
H. Utilities shall include services provided to the structure including gas, water, and
electricity. Other services may be involved in a particular contract.
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
20
. .
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. VJOik
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. It is 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 a particular 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.
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. Major 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.
21
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 RrQper disposal of all waste materials,
including demolition debris, must be submitted upon completion by providing
the OWNER with aRProved 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 approved methods 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 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.
1. 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.
2. 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.
G. CONTRACTOR shall use equipment that is suitable for the work to be performed
and the time constraints of the bid.
22
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, holes, 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 of residential fences shall include the removal of all posts, 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.
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 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.
1.07 UTILITIES
A. Unless otherwise specified, utility disconnects shall be the responsibility of OWNER.
23
, '
~
WORK ORDER
I Address I Lot I Block I Subdivision I
INSTRUCTIONS FOR THIS PROPERTY:
D Nature of Work I Description I
Demolish residential structures
Demolish commercial structures
Blade or tiller work as specified
Remove fences as specified
Clean extraordinary debris, trash, and
rubbish
Small tree/sapling removal
Special Instructions (see below)
SPECIAL INSTRUCTIONS FOR THIS PROPERTY:
COMPLETE AND RETURN TO OWNER IMMEDIATELY AFTER COMPLETION
Total cost for this property:
$
Attach copy of landfill trip tickets.
Contractor! Agent
NOTE: This form is required by the City in able to file liens as part of an
enforcement action. It will not be considered Contractor's bill. Contractor should
include this property in its monthly billing.
24
. ...
NOTICE TO PROCEED
To:
Date:
Project:
You are hereby notified to commence WORK in accordance with the Agreement dated
, 20 , on or before ,
20 , and you are to complete the WORK within consecutive calendar
days thereafter. The date of completion of all WORK is therefore
,20
OWNER
By:
Title:
ACCEPTANCE OF NOTICE
Receipt ofthe above NOTICE TO PROCEED is hereby acknowledged by
, this the day of
,20
CONTRACTOR
By:
Title:
25
II, t
. " -
CHANGE ORDER
Order No.
Date:
Agreement Date:
NAME OF PROJECT:
OWNER:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Change to CONTRACT PRICE: $
Original CONTRACT PRICE: $
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $
The CONTRACT PRICE due to this CHANGE ORDER will be
(increased) (decreased) by: $
The new CONTRACT PRICE including this CHANGE ORDER
will be $
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by
calendar
days
The date for completion of all work will be
(Date).
Requested by:
Recommended by:
Accepted by:
26
,"
.' ~ "
. ,
RECEIPT FOR PAYMENT AND RELEASE OF LIENS
DATE:
Received this date from , as full and final payment, the cost
of the improvements provided for in the foregoing Agreement between the City of Paris,
Paris, Texas (OWNER), and (CONTRACTOR),
dated , 20 , for
dollars, ($ ), being the remainder of the full amount accruing to the
undersigned by virtue of said Agreement; said amount also covering and including full
payment for the cost of all extra work and material furnished by the undersigned in the
demolition and disposal of dilapidated structures, and all incidentals thereto, and the
undersigned hereby releases said Owner from all claims whatsoever growing out of said
Agreement.
And these presents are to certify that all persons doing work upon or furnishing materials
for said improvements under the foregoing contract have been paid in full.
In witness whereof the undersigned has hereto set his hand and seal this day
of ,20
CONTRACTOR:
BY:
(CORPORATE SEAL)
Subscribed and sworn to before me this
day of
,20
Notary Public
My commission expires
27