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11-C Awarding Demolition Contract CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: I December 10, 2007 . Action D Discussion D Information D Refer to: SUBMITTED BY: Lisa A. Wright, Director of Community Development DESCRIPTION: Consider a resolution awarding the awarding the bid and authorizing the execution of a contract for the demolition and disposal of dilapidated structures in the City of Paris. BACKGROUND INFORMATION: The City of Paris advertised for bids for the demolition and disposal of approximately 2,700 cubic yards, :t 20%, of dilapidated structures located in random locations throughout the city of Paris and other work associated therewith. In response to the request for bids, the City of Paris received two bids as follows: 1. B. Bray Construction - $26.00Iton Alternate: $24.00Iton for a two year contract 2. Ned Jenkins - $100.00Iton B. Bray Construction was awarded the most recent demolition contract in 2005 at the rate of $27.00Iton, and to date has demolished over 4,000 tons of dilapidated structures (over 130 structures). FISCAL AUTHORITY: BUDGETED: Yes Account #: 01-0328-40-00 GRANT: Account #: BOND I C 0 Account #: Other: See attached for recommended funding LEGAL REVIEW: MANAGER'S RECOMMENDATION: . r T .,.- DRAFT f:attorneylresworklcurrent\Demolition Hazardous Structures-A wd Bid & Auth Contract Res 2007 November 29, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES IN THE CITY OF PARIS TO B. BRAY CONSTRUCTION COMPANY, THE LOWEST RESPONSIBLE BIDDER; 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 2:00 o'clock p.m., Tuesday, the 13th day of November, 2007; and, WHEREAS, the lowest responsible bid providing the best value to the City was received from B. Bray Construction Company, 1802 Church Street, Paris, Texas, at a unit price of$26.00 per ton for a one-year contract; and, WHEREAS, the contract should be awarded to B. Bray Construction company in accordance with the unit prices bid and the other terms and conditions set out in the Master Specifications for Demolition and Disposal of Dilapidated Structures and other bid documents attached hereto as Exhibit A; 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, 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 ofB. Bray Construction Company, 1802 Church Street, Paris, Texas, for the demolition and disposal of dilapidated structures in the City of Paris is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for this project is hereby let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents attached hereto as Exhibit A and timely execution of a written contract with the City of Paris. T r-T- Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Contract with B. Bray Construction Company for the work referenced herein in a form to be approved by the City Attorney. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 10th day of December, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney "T Y""T' '...-._- NOTICE OF AWARD TO: B. Bray Construction ADDRESS: 1802 Church Street Paris, TX 75460 PROJECT DESCRIPTION: Demolition and disposal of approximately 2,700 cubic yards, :t 20%, per year 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 November 3, 2007, and Information for Bidders. You are hereby notified that your BID has been accepted for in the amount of $26.00 per ton for demolition and disposal for a one-year contract (January 1,2008, to December 31, 2008). 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. Dated this 10th day of December, 2007. City of Paris, Paris, Texas (Owner) By: Title: City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this day of ,2007. By: Title: EXHIBIT A T rT-... STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: AGREEMENT THIS AGREEMENT is entered into this 10th day of December, 2007, by and between the City of Paris, Texas, hereinafter called "OWNER," and B. Bray Construction, with main offices located at 1802 Church Street, Paris, 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 as Exhibit A; and in accordance with this Agreement. 1.02 CONTRACTOR shall complete such services within twelve (12) 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 invoices 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 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 defector want of repair of any structure or device on the contracted property. T rT -- 1.07 CONTRACTOR agrees to defend, indemnify, save, and hold the OWNER's elected officials, officers and employees harmless 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. 1.11 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. T r--r -- 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 oftermination 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 for 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. 1.19 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 other wise 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. -r ,.-r-- 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 December 10, 2007. CONTRACTOR CITY OF PARIS, TEXAS (Corporate Seal) (Corporate Seal) ATTEST: ATTEST: Address for giving notices: Address for giving notices: 1802 Church Street Paris, TX 75461 P. O. Box 9037 Paris, TX 75461 T T"""'r - MASTER SPECIFICATIONS DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES CITY OF 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 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. 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, chainsaws, 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 local Waste Management landfill. H. Utilities shall include services provided to the structure including gas, water, and electricity. Other services may be involved in a particular contract. I. 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 %) feet above natural grade level. J. Protected tree shall mean any tree having a circumference of sixty (60) or more, measured four and one-half (4 %) feet above natural grade level. 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. 'T T--T--- 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. 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. 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. T Y---T-- 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 monthlv 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 local TCEQ approved landfill operated by Waste Management. 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. 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. < T T<--T- -- 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 materia\. 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, 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 local TCEQ approved landfill operated by Waste Management 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 A. Unless otherwise specified, utility disconnects shall be the responsibility of OWNER. - -- -r rT-- WORK ORDER Address Lot I Block i Subdivision 1\ II 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: Insert photo COMPLETE AND R.ETURN 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. . T rT"--'. NOTICE TO PROCEED To: B. Bray Construction Date: December 11 , 2007 Proiect: Demolition and Disposal of Dilapidated Structures - 2.700:t tons per year for two years You are hereby notified to commence WORK in accordance with the Agreement dated December 10,2007, on or before January 1, 2008, and you are to complete the WORK within 365 consecutive calendar days thereafter. The date of completion of all WORK is therefore December 31,2008. OWNER By: Title: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by . , this the ,2007. day of CONTRACTOR By: Title: .---. -T T-"'~-- ... MEMORANDUM TO: Mayor and City Council FROM: Lisa A. Wright, Community Development Director DATE: December 7, 2007 SUBJECT: City of Paris Demolition Bid Packet Award Bids were received and opened November 13,2007 at 2:00 P.M. for the Demolition and Disposal of Dilapidated Structures. Two bids were received and opened. One bid was from B. Bray Construction in the amount of $26.00 per ton, with an alternate bid of $24.00 per ton for a two year contract. The other bid was from Ned Jenkins in the amount of $100.00 per ton. I recommend that B. Bray Construction be awarded the contract in the amount of $26.00 per ton. cc: Kevin Carruth, City Manager 1 rl- l- i- DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES 2007 .... BID OPENING NOVEMBER 13, 2007 2:00 P.M. BIDDER OPTION 1: ALTERNATIVE METHOD Per Ton ~. ~((A 'v\ ~ i>n~\Jr'\-I\oll :jt U. 0.2 :it J. q, ~ fOr 41"\0 II ~r1 \r t"Jn Lrl..i,_;t ~ ~~ ~..ek\~ V\ ~ j,t /00, ~ I PUBLISH PARIS NEWS DATE: NOVEMBER 4, 2007 DATE: NOVEMBER 11,2007 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 ofthe City Manager, City Hall, 135 1st Street S.B., P.O. Box 9037, Paris, Texas 75461-9037, until 2:00 pm on Tuesday, November 13,2007, 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 twelve (12) 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 ~/ 0 tOO~ !J1i'ce Ellis, City Clerk 1 'T Y'-T ,,--