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2008-078-RES AWARDING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF THE 18 REMAINING BUILDINGS AT THE CASA BONITA APARTMENT COMPLEX LOCATED AT 7TH STREET NW AND HENDERSON STREET IN THE CITY OF PARIS TO INTERCON CONSTRUCTION COMPANY, INC.,RESOLUTION N0. 2008-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF THE 18 REMAINING BUILDINGS AT THE CASA BOIVITA APARTMEIVT COMPLEX LOCATED AT 7T" STREET 1VW AND HENDERSON STREET IN THE CITY OF PARIS TO INTERCON CONSTRUCTION COMPANY, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIOIVS 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 structures at the Casa Bonita Apartment Complex located in the City of Paris, which bids were received until 2:00 o'clock p.m., Tuesday, August 19, 2008; and, WHEREAS, the lowest responsible bid providing the best value to the City was received from Intercon Construction Company, Inc., 301 West Ave. D, Garland, Texas 75040, in the amount of $389,850 for Demolition, $48,072 for Slabs and $37,310 for Parking Lots, $64,922 for demolition of four additional buildings on the corner of 7th NW and Henderson if property owner fails to demolish these buildings pursuant to order of the City Building & Standards Commission and $18,042 to demolish and remove associated slabs and parking lot areas; and, WHEREAS, the contract should be awarded to Intercon Construction Company, Inc. 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. 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 of Intercon Construction Company, Inc., 301 West Ave. D, Garland, Texas 75040 for the demolition and disposal of the remaining eighteen (18) buildings at the Casa Bonita Apartment Complex located 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 contingent upon Notice of Award and Notice to Proceed from the City and 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. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, a contract with Intercon Construction Company, Inc. for the work referenced herein in a form to be approved by the City Attorney. . _ . , _ r . Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 8th day of September, 2008. ATTEST: 4-y~'t~ ~LA Nicki Brown, Deputy City Clerk APPROVED AS TO FORM: W. Kent McIlyar, ity orney _ . _ _ T _ . AGREEMENT STATE OF TEXAS § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule municipal corporation, hereinafter called "CITY," and Intercon Construction, Inc., with main offices located at 301 West Ave. D, Garland, Texas 75040; hereinafter called "CONTRACTOR", effective as of September 8, 2008. 1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services in accordance with this Agreement, the Master Specifications for Demolition and Disposal of Dilapidated Structures attached hereto and incorporated herein as Exhibit A(the "Work"), and CONTRACTOR's Bid attached hereto and incorporated herein as Exhibit B(hereinafter collectively referred to as the "Bid Documents"). 1.02 CONTRACTOR shall complete all Work assigned under this Agreement and authorized by Notice to Proceed and/or Work Order within six (6) months from the effective date of this Agreement. Additional time to complete the Work will be allowed by the CITY only in the instance of weather delays which make performance impractical, as determined exclusively by and approved by the CITY. Weather delays will be considered by the CITY only if requested immediately by the CONTRACTOR. 1.03 With the execution and delivery of this Agreement, CONTRACTOR shall furnish and file with the CITY a performance and payment bond in the amount of the total contract price in a form set forth in Exhibit C, and which meet the requirements of Chapter 2253, Texas Government Code and Article 7.19-1 of the Insurance Code, as amended. The sureties shall be approved in the most current Federal Register Treasury List and the Bonds will be accompanied by a properly authorized power of attorney. The CITY reserves the right to reject any and all sureties. 1.04 CITY agrees to pay CONTRACTOR for all work authorized and completed in accordance with the Master Specifications and bid prices submitted by CONTRACTOR as set forth in Exhibit "A" and "B" attached hereto and incorporated herein by reference. CONTRACTOR shall not be paid until all Work is completed and the Project has been accepted by the Paris City Manager or his authorized designee. No additional charges will be permitted unless approved in advance in writing by CITY 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 CITY for Work completed in conformance with this Agreement, the Bid Documents, and City Work Orders. Nothing herein shall require CITY to expend more funds than that amount approved by the City Council. 1.05 CONTRACTOR covenants and agrees that CONTR.ACTOR is an independent contractor and not an officer, agent, servant, or employee of CITY; that CONTRACTOR shall have exclusive control of and exclusive right to control the details of the Work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat EXHIBIT g superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR 1.06 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. 1.07 CITY shall not be liable to CONTRACTOR, CONTRACTOR's agents, servants, employees, patrons, customers, visitars, 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. 1.08 CONTRACTOR agrees to defend, indemnify, save, and hold the CITY, it'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. 1.09 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 CITY, its elected officials, officers, and employees (as an additional insured) for any and all damages, personal injuries, or property damages sustained in carrying out the duties of this contract, or any part thereof or as the result of the negligence of the CONTRACTOR or CONTRACTOR's agents, servants, or employees, and CONTRACTOR shall pay all premiums due thereon when due. CONTRACTOR shall also be obligated to maintain worker's compensation insurance in conformance with and as required by State law. 1.10 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 CITY, its elected officials, officers, and employees as an additional insured, subject to approval by the City Attorney of the City of Paris; and the CONTRACTOR's 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 CITY 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 CITY 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. 2 _T 1.11 CONTRACTOR shall timely perform and complete the Work herein in accordance with this Agreement, the CITY's Notice to Proceed andlor Work Order and the Bid Documents attached. In the event CONTRACTOR shall default in any covenant, condition, provision, or stipulation herein contained, CITY will notify CONTRACTOR in writing that a default has occurred. Notice when given shall include a description of the default and the time within which CONTRACTOR must correct or remedy the default. CONTRACTOR remains solely responsible for completing the work as contracted, whether notified of a default by CITY or not, and failure of CITY to notify of such default shall not excuse CONTRACTOR's obligations hereunder. 1.12 CITY will not be responsible for CONTRACTOR's faulty work or additional work required by CONTRACTOR's errors or omissions or mechanical breakdown of CONTRACTOR's equipment. The buildings are presumed to be vacant, but it shall be CONTRACTOR's responsibilitv to inspect the structures for inhabitants before commencing with demolition. The properties are also 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. 1.13 CITY 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 up to the date of termination and completed in full conformance with this Agreement including the Bid Documents attached. If termination is for the CITY's convenience, CONTRACTOR shall be compensated for that work completed or partially completed up to the date of termination and performed in full conformance with this Agreement and the Bid Documents attached; CONTRACTOR shall also be compensated for any additional charges reasonably incurred by CONTRACTOR in preparation for the performance of any further services required by this Agreement, said additional charges to be determined by the CITY. Other than as stated herein, CONTRACTOR shall have no other claim or recourse against the CITY for termination of the Agreement. 1.14 This Agreement may not be subcontracted, in whole or in part, without the CITY's express written approval in advance of the services. 1.15 CONTRACTOR shall not discriminate against any employee because of race, color, religion, sex, national origin, age, or disability. 1.16 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 far any reason, the remainder of this Agreement shall not be affected thereby. 1.17 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. 118 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, Texas. 3 _ 7_ _ ~ 1.19 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. 1.20 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 CITY for cause. Executed in duplicates, each of which is deemed to be an original and effective as of the day and date first written in this Agreement. This Agreement will be effective on September 8, 2008. INTERCON CONSTRUCTION, INC. Brent W. Bates, President (Corporate Seal) ATTEST: Address for giving notices: 301 West Ave. D Garland, TX 75040 CITY OF P. Kevm Carruth, (Corporate Seal) ATTEST: Nicki Brown, Deputy City Clerk Address for giving notices: P. O. Box 9037 Paris, TX 75461 4 MASTER SPECIFICATIONS DEMOLITION AND DISPOSAL OF EIGHTEEN (18) STRUCTURES AT THE CASA BONITA APARTMENT COMPLEX CITY OF PARIS, TEXAS 1 DEFINITIONS: 1.1 CTTY shall mean the City of Paris. 1.2 Contractor shall mean the person or firm who is awarded the demolition project described herein. 1.3 Cleaning and removal of trash and debris shall mean the use of any mechanical or hand method by which filth, rubbish, refuse, or ather 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. 1.4 Director of Community Development means the Director of Community Development for the City of Paris. 1.5 Demolition shal] mean the safe, timely, and complete removal of specified structures with the debris removed to an approved landfill, or other acceptable method of disposal. 1.6 Utilities shall include services provided to the structure including gas, water, and electricity. Other services may be involved in a particular contract. 1.7 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. 1.8 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. 2 GENERAL 2.1 Work included A. Provide all labor, materials, services, equipment, and disposal necessary or reasonably incidental to the removal of all designated structures, slabs, and parking lots. 2.2 Requirements of Regulatory Agencies A. Perform demolition, transportation, and debi-is disposal in accordance with all applicable Federal, State, and local statutes, codes, and ordinances. B. Obtain transportation and debris disposal permits prior to commencing work. 19 EXHIP61 0 42 C. File and obtain local and state demolition permits and notices. 2.3 Examination A. CONTRACTOR shall survey the existing conditions prior to beginning on-site demolition operations. B. Verify that existing utilities to be removed have been disconnected and capped. C. If unanticipated mechanical, electrical, or structural elements that conflict with the intended function or design of the site are encountered, investigate and measure the nature and extent of the conflict. 2.4 Utility Services A. Maintain existing utilities in service and protect against damage during demolition operations. B. Schedule any utility outages with the Director of Corrununity Development prior to disconnection. 2.5 Protection A. 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 herein. B. CONTR.ACTOR shall continuously maintain adequate protection of all adjacent construction against damage or loss from the operations performed under this section. CONTRACTOR shall make good any such damage, injury, or loss, except such as may be directly due to the actions of the CITY or its agents or due to causes beyond CONTRACTOR's control and not to his fault or negligence. C. All demolition that involves the removal or disturbance of asbestos containing materials shall be performed in accordance with all applicable State and Federal codes and regulations. D. Equipment and tools left on the property are the responsibility of CONTRACTOR. CITY shall not be responsible for theft, damage, or adverse use of the equipment. 2.6 Sequencing/Scheduling A. CONTRACTOR shall work with the CITY and the Director of Community Development to sequence and schedule work as necessary to obtain substantial completion in accordance with the project schedule. 20 - OOU163 B. Proper coordination for the shut-off of utility services and control measures for dust and noise must occur prior to commencement of any demolition work. 3 EXECUTION 3.1 Preparation A. Verify termination of utilities prior to commencing demolition activities on any structure. B. Coardinate maintenance of power, water, or other utilities necessary for any adjacent building operations. 3.2 Demolition A. Perform demolition in a manner to prevent injury or damage to persons, property, and adjacent roadways and structures and take care not to weaken or otherwise damage structural integrity of any work to remain. B. Sprinkle debris with water to lay dust daily, but not to the extent of creating flooding. C. Remove designated structures in their entirety to the slab, and remove the slab if the bid for the same is awarded. D. Fill any voids or ruts caused by CONTRACTOR in the act of performing the Work with soil and evenly compact to density of adjacent soil. E. Salvage, protect, and relocate any structures or materials designated for preservation by Owner. F. 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. G. 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. H. Mature and protected trees found on a property shall be protected. CONTRACTOR 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 structures. 3.3 Adjustment and Cleaning A. Remove debris on a daily basis. 21 » aoo1s4 . . . _ . . . . . _ . T . _ . . . . _ B. Do not store or burn materials on site. 3.4 Schedules A. Demolition shall be carried out in such a manner as to protect any adjacent facilities, operations, and personnel as much as possible. 4. ASBESTOS 4.1 Survey A. Asbestos inspection records indicate an asbestos content within floor, wall, ceiling and roof components. In their current condition, all building materials are classified by the EPA NESHAP 40 CFR 61.141 as regulated asbestos-containing materials (RACM). B. CONTRACTOR shall obtain from CITY copy of the inspection records and maintain such at the job site throughout project duration. 4.2 Permitting/Profiling A. Notices under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and Texas Department of State Health Services (TDSHS) regulations shall be filed by CONTRACTOR in a timely manner as required for the demolition to start as directed by CITY. CONTRACTOR shall not be responsible for notification fees in their bid. CONTRACTOR shall be responsible for obtaining and filing all additional permits and notices where required by local ordinances. B. CONTRACTOR shall profile waste materials according to landfill requirements. 4.3 Regulatory Compliance A. CONTRACTOR shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or propei-ty or their protection from damage, asbestos exposure, injury or loss. These rules and regulations include, but are not limited to: • EPA's National Emissions Standards for Hazardous Air Pollutants (NESHAPS) 40 CFR Part 61, Sub-parts A and M • Texas Department of State Health Services concerning Texas Asbestos Health Protection Act • OSHA's final Asbestos Rules, for the construction industry, found at 29 CFR Section 1926.1101, and following; and where applicable, for general industry, found at 29 CFR 1910.1001 and following. B. CONTRACTOR shall erect and maintain, as 1•equired by existing conditions and progress of the work, al] reasonable safeguards for safety and protection, including 22 w Ol)O1"" _ . . . _ . . T. . . . posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 4.4 Site Operations A. All work requiring the disturbance of asbestos contaminated materials shall be performed within the established boundaries of a regulated area. These boundaries shall be marked using red and black danger tape and shall be strictly controlled with access limited to properly trained personnel only. Haul truck drivers shall be exempt to the training requirements but must remain inside air conditioned cabs at all times while within the regulated area boundaries. B. All activities involving the disturbance of asbestos contaminated materials shall be performed using wet removal methods. Wetting shall be performed continually during demolition work. Excessive water or pooling of water must be contained and water filtered to (5) five micros or collected for disposal as contaminated. C. The final visual inspection shal) be performed at the contractor's request prior to job completion. The final visual inspection shall be performed by the Director of Community Development. 4.5 Disposal A. All asbestos-containing material and suspected asbestos-containing material, including all polyethylene packaging, will be packaged according to landfill requirements and properly labeled. Disposal shall be at a Type I Municipal Solid Waste Disposal site as permitted by the Texas Commission on Environment Quality (TCEQ/Texas Department of State Health Services). All material shall be disposed of on waste shipment records as specified in the NESHAP regulations or on an EPA Form 8700-22 Hazardous Waste Manifest. The CITY's address shall be shown as follows: City of Paris Attn: Community Development Department P. O. Box 9037 Paris, TX 75460 and will be signed by an authorized representative of CITY. All Department of Transportation (D.O.T.) regulations shall be complied with in regard to the transporting of the asbestos-containing materials. Other approved methods of disposal of waste will be considered and must be pre-approved. B. Concrete slabs are to remain in place unless the bid for removal of the same is awarded. Where asbestos adhesives are present on slabs the asbestos adhesives must be removed prior to job completion. 23 w 000166 _T C. All asbestos-containing waste materials shall be removed from the site at or before the time of final acceptance and properly disposed of within ten (10) days of project completion. D. All construction debris removal from the site shall be considered asbestos contaminated, No separation of waste materials shall be allowed without written authorization. E. All waste disposal vehicles andlor containers used to transport or store waste materials shall be properly labeled in accordance with the requirements of 40 CFR 61.152. All such vehicles and/or containers shall be poly lined to the extent needed to maintain a leak tight status until waste is delivered to authorized landfill. 4.6 Air Monitoring A. Air monitoring for asbestos exposure levels shall be performed daily throughout all phases of demolition work which disturbs asbestos contaminated materials. CONTRACTOR shal] insure that personnel responsible for collecting and analyzing samples are properly licensed by the Texas Department of State Health Services. Personnel having full NIOSH 582 training and/or Texas licensing shall be on site to perform the required air monitoring. All samples shall be analyzed by a Texas licensed asbestos laboratory. CONTRACTOR shall be responsible for ensuring that all costs related to air monitoring are included in his bid. B. Ambient air san-iples shall be collected on a daily basis during all work involving the disturbance of asbestos-containing materials. Ambient samples shall be collected at the following locations: • Upwind • Two Downwind Locations • Track Hoe Cab Exterior C. CONTR.ACTOR shall also collect personal samples on his workers in accordance with OSHA regulations during all demolition operations. D. CONTRACTOR shall supply CITY with copies of personal and ambient sample analysis results within 24 hours of the date of analysis. CONTRACTOR shall post the sample results for the workers to review on his notice board. E. Daily logs shall record all sample locations and personnel affected by monitoring results. 4.7 Licensing/Submittals A. CONTRACTOR is considered exempt from the state asbestos licensing requirements of the Texas Asbestos Health Protection Act. All supervisors and workers involved with the project shall be EPA accredited and shall have current 24 - u0016? medical evaluations and respirator fit tests in accordance with the OSHA requirements of CFR 1926.1101. B. Pre job Submittals - The following information shall be provided to CITY prior to the start of work: • 40 Hour Supervisor/Contractor Asbestos Training • 32 How• Worker Asbestos Training • Air monitoring training/licensing • Asbestos licensing for laboratory • Respirator fit testing records for each supervisor and worker • Medical evaluation records for each supervisor and worker • General safety program manual C. The following items shall be delivered to the owner within 0) ten days of the project completion: 1. Hazardous Waste Manifests 2. Project Job Log 3. Copies of all final laboratory analysis reports: Ambient and Personal sample results. 4.8 Worker Protection A. CONTRACTOR's workers shall, at a minimum, be required to wear disposable clothing and MSHA/NIOSH approved Half-Face Air Purifying Respirators. CONTRACTOR bears all responsibility for providing the maximum amount of respiratory protection and other personal protective equipment that he deems necessary to adeyuately protect his workers and the environment. 4.9 Project Management A. The Director of Community Development, or designee, shall have the authority to dismiss any of CONTRACTOR's personnel, including supervisors, from the job site for unsafe practices, substandard work, attitudes non-conducive to good working relationships, improper conduct, theft, vandalism. Personnel dismissed shall be banned from the premises for the duration of the contract. 25 - OOU168 NOTICE OF AWARD TO: ADDRESS: [J PROJECT DESCRIPTION: Demolition and disposal of eighteen (18) structures at the Casa Bonita Apartment Complex. The CITY has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated July 20 and 27, 2008, and Information for Bidders. You are hereby notified that your BID has been accepted as follows: [J 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. lf you fail to execute said Agreement and to furnish said BONDS within fifteen (15) days from the date of this Notice, CITY will be entitled to consider all your rights arising out of the CITY'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The CiTY 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 CITY. Dated this day of 2008. City of Paris, Paris, Texas (CITY) By: Kevin Carruth, City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this day of , 2008. By: Title: 26 • ooO16e1 _ . _ . r _ NOTICE TO PROCEED Ta Date: Project• Demolition and Disposal of Ei htg een (18) Structures at the Casa Bonita Anartment Complex You are hereby notified to commence WORK in accordance with the Agreement dated 2008, on or before 2008, and you are to complete the WORK within 180 consecutive calendar days thereafter. The date of completion of all WORK is therefore 2008. CITY By: Kevin Carruth, City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of CONTRACTOR By: Title: 2008. 27 w 000170 CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: Demolition and Disposal of Eighteen (18) Structures at the Casa Bonita Apartment Complex CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: $ Current CONTR.ACT PWCE 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 The date for completion of all work will be Requested by: _ Recommended by: Accepted by: 28 calendar days (Date). . 000171 RECEIPT FOR PAYMENT AND RELEASE OF LIENS DATE: Received this date from , as full and final payment, the cost of the Work provided for in the foregoing Agreement between the City of Paris, , Texas (CITY), and (CONTRACTOR), dated , 2008, 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 eighteen (18) structures at the Casa Bonita Apartment Complex, and all incidentals thereto, and the undersigned hereby releases CITY 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 , 2008. CONTRACTOR: BY: (CORPORATE SEAL) Subscribed and sworn to before me this day of , 2008. Notary Public My commission expires 29 - U00172 . . . ...T. .r.. . _ . _ _ r , . _ THE AMERICAN INSTITUTE OF ARCHITECTS 91 A!A Document A390 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe INTERCON CONSTRUCTION CO., INC. (Here insert full name and address or Iega1 tltle of Contractor) as Principal, hereinafter called the Principal, and SURETEC INSURANCE COMPANY - 9737 Great Hills Trail #320 Austin, TX 78759d~eSS o~ie9~~ne °fs~~a~y~ a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF PARIS (Here insert full name and address or legal tltle of Owner) as Obligee, hereinafter called the Obligee, in the sum of 5% OF THE GREATEST AMOUNT BID Dollars 5% GAB for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has submitted a bid for DEMOLITION OF CASA BONITA APARTMENTS NOW, THEREFORE, if the Obligee shall eccept the bid of the Principal and the Principal shall enter into a Contrect with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contrect Documents with good and sufficient surety for the faithiul performence of such Contrect end for the prompt peyment of labor end material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penaRy hereof between the emount specified in seid bid end such lerger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and efiect. Signed and sealed this 19th day of August 20 08 ~ ON CONS RUCTION CO., INC. ~ ([3'itness) )f.~~/ _ (ntk)v SURETEC INSURANCE COMPANY (~rehl (swq e DEBI MOON (nd~)Attomey-I ct AIA DOCUMENT A310. BID BOND. AIA O. FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 EXHlBIT B. . oo017~ PoA 422 ] 057 SureTec Insurance Company LIMITED POWER OF ATTORNEY Kfiow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Debi Moon, Alan C. Robinson, Steven L. Thomas, Keily D. Clark of Tne cotony, Texas its truP and lawful Attoiney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/l00 Dollars ($5,000,000.00) and to bind the Company tliereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Iiisurance Company: Be rt Resolned, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given ful] power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by [he President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, /999) In 6Vitness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed tlvs 20th day of Jime, A.D. 2005. ,W*~°"°°~~• RETEC MCE COMPANY yUQaN~~~ " 0, BY: Bill King, re nt State of Texas SS: 5 ~~''4 ~ •rf County of Harris On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of S[JRETEC INSURANCE COMPANl', the company described in and which executed the above instrument that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board o}'Directors of said Company; and that he signed his name thereto by like order. ~wrerre~r M+cheile Denny Notary Pubuc n •O • 8101e Of TexCq /YN ou/{iJ My COtrttnlsSlofl Exptr9s Michelle Denny, Notary Pub ic AUgUSt 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attomey are in full force and effect. Given under my hand and the sea] of said Company at Houston, Texas this day of 20 qe A.D. M. Brent Beaty, Assistant Se re ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. . QU017J BID PROJECT IDENTIFICATION: Demolition and Disposal of Eighteen (18) Structures at the Casa Boniia Apartment Complex and Disposal of Debris The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with CITY in a form substantially similar to the A.greement included in the Contact Documents to perform and furnish all Work as specified or indicated in the Contract Documents and Master Specifications for the Conti-act Price and within the Contact Time indicated in this Bid and in accordance with other terms and conditions in the Contract Documents. 2. BIDDER accepts all terms and conditions of the Advertisemerit or Invitation to Bid and Instructions to Bidder. This Bid and the prices and quantities contained in the Bid wil] be good and remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds, insurance certificates and other documents required by the Bidding Requirements within fifteen (15) days after the date of CITY's Notice of Awazd. 3. In submitting this Bid, BIDDER represents, as more fully set foirth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Docunients and of the following Addenda, receipt of which is hereby acknowledged: Number Date (b) BIDDER has inspected the Casa Bonita Apartments site and all structures ]ocated thereon and has familiarized itself with the nature and extent of the Contract Documents, Work, and all Federal, State, and local laws, regulations, and procedures that in any manner may affect cost, progress, performance, or furnishing of the Work. (c) BIDDER has given CITY written notice of all conflictsi, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to BIDDER. (d) This Bid is genuine and is not made in the interest of or on behalf of any undisclosed person, finm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, org<uuzation, or corporation; 9 a O0OI(V . . . . . . . _ _ . , . _ . T. , . . BIDDER has not directly or indirectly induced or solici ted 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 CITY. 4. BIDDER will complete the Work for the following price: Description of work: Demolition and disposal of eighteen (18) structures at the Casa Bonita Apartment Complex. Bidders should carefully review the Master Specifications included in the Contract Documents to ensure the Bid includes al] potential aspects of property removal and disposal. ;,v ITN SWPPP. Additional instructions: The required method of demolitio:l includes wetting of the debris. The City of Paris will allow the successful Bidder to connect to fire hydrants at the site to obtain water for this purpose; however, Bidders should include in their bid the cost of labor and equipment for connecting to water sources and wetting the debris during demolition. t Total Bid $ :3`dm, 6,570,cs7 CONCRETE REMOVAL: After demolition of the remainin;; buildings, there will be numerous building slabs (approximately 29) and parking lots anii associated driveways on the property. All bidders should additionally bid the cost of bre,iking up and removing all slabs, parking lots, and driveways from the property. The Cit}, reserves the right to not have this portion of the woi-k performed. Total additional cost to break up and remove concrete slabs Total additional cost to break up and remove parking lots and driveways $ 37, 31 O, ABATEMENT: There are eurrently four buildings located on th.-I comer of 7~' Street N.W. and Henderson adjacent to the Casa Bonita Apartment Comple): that are privately owned but are under code enforcement action. All bidders should additionally bid the cost of demolishing and disposing of those structures in accordance with the same requirements as the buildings which aze a part of the Casa Bonita Complex. The cost should include wetting the debris as stated above. Total cost to remove 4 additional buildings $ to~►~ZZ,vo Tota] additional cost to break up and remove 5 concrete slabs $ 12 , Oo L4 .1O ~ L)Pou lZg6z,)Ee,-r D&ajc.-rs vF Pta4-r1C wJ2dp oF TrzAci C25 t~ D~ o ~~T o F rJo 4-' 2~ Q , r~~ S~Ta-r E ALJ iD r-r_L->~.aLA L Ai rz MoOt TV►z, /,X- G4u 3~ P2-~c~~. 10 a Q0p17'7 y _ - r _ _ Total additional cost to break up and remove parking lot I CD and driveway $ (O, 0 "38.-- 5. BIDDER agrees that the Work will be substantially complet:e within six (6) months following the Notice to Proceed to be issued by the City of Paris. 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) Bid Bond or Cash deposit of five percent (5%) of the tot-il amount bid; (b) Performance and Payment Bonds as required herein; (c) Statement of Qualifications; (d) Insurance certificates or proof of insurance coverage as required herein. 8. CONTRACTOR must submit certificates of insurance and worktnen compensation insurance in accordance with State and local law. SUBMITTED ON ALYGc t%,,i r Iq , 2008. If BIDDER is: An Individual By doing business as Business address: Phone Number: A Parmership By (lndividual's Name) - 0(10178 _ (Firm Name) (General Partner) Business address: Phone Number: A Coiporation By ..L/V rE2 coU &a.JSuoc,-voo CD, ~ iiiC, (Corporation Name) (State of Incorporation) B _ (Authorized Official) 2E~J7 1~, C3~TG S ~2~s 1~~~1i" (Title) (Corporate Seal) Attest G Gy (SecretarY) Business address: ~o I Ln,4E6 i AL)c D, GlAV-t~AOD, ~EX a5 , 75 O 4o Phone Number: 1.el-I Z) 4 ZL!' - Z2 20 A Joint Venture By (Name) (Address) By (Name) By (Name) By (Name) By (Name) (Each joint venturer must sign. The »ianner of signing for each inilividual, parinetship and corporation that is a partv to the joint venture should be in tlle manner indicated above) 12 . OOU17J FAX (912) L42LI- Oel Z _ . ,.T.. . 1 i2i2;iZ~o~' ACORD. CERTtFtCA"I'E: OF LIABlLITY INSURANCE ~RpnuC[R (972)$64-0400 l'AX (972)27$-8400 7NlS CERTIFICATE IS ISSUED AS A MATfER OF tNi=ORMATiON T F CATE Davis-Dyer-Max, Inc. a Member af the Insurors Group 1.0. Box 495429 Garland, TX 75044 iNSURED Intercon Construction Co., 301 W. Ave. D Garl and, T)f 75040 OMLY ANll CONFERS NO RIGi-(TS UPQN THt CER I I HOLDER. THIS CERTtFICATE DQES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW` IPISURERS AFFORDiTtG COVERAGE NAIC # I:vsuReRA- Interstate Fire & Casual ty Co. tNSVRLRR: Atlt@C1CdFi Insurance CO. iNSUReac: Liherty Insarance Underwriters _ iusuaeRo: llanover Insuraace Camgany INSUREK E; I THE POLICIES OF INSURANCE LIS7E0 BELOW H AVE BEEN ISSUED TO THE 1NSURED NAMED A80V[ FOR THE POUGY PERIOD iNU1C:A I tu. rev ivw I na i nnumi ANY REQUIRrMENT, TERkl QR COIIDITION OF ANY 1:ONTRACT OR OTHER DOCUI:IENT WITH RESPECT TO WliICH 7HIS CERTIFICATE MAY BE iS5UE0 OR MAY PERFAIN, THE INSUF2ANCE AFFURDED CiY HE POLICIES QESGI218E0 HEREIN IS SUB.IEf:Y TO AL[. THE TE4:MS, EXCI.USIQNS AND CONDITIONS OF SUC:H .urc curnnrt.i nenv un' iF T:FFN RFIIUGED BY PAIO CLAIMS. INSft a _ . _ _ _ NCE POIJCY NUAI6ER POUCY EFFECIIVE WCILICl' EXPIRATION Li :YilTS Dl~NZOQOQ76 49/Z7/ZUO7 09/Z7/2OOS FJ~L'HOCCURRCDICE S Z,OOO,QOI 2Al LIAOILITY OAMAGE TO R S 3OO , OO( ~ OCCUR t~1E0 EXP (My one person) 5 5. OQ( OUQ UEDUCTTBLE PERSONAL d AQV INJURY S 1,OOO , OOI A , - i PER OCCURRENCE vextRnl AGGKeuAtr f 2.000,00( ' ~A SPEf2: 4FPU= 1TEUh1lT CLAGGREC lOPAGG FRaGUCTS-COhtF 5 2,000,00( . x C, ` P06lCY x i4 IAC AUT Oh10611E UA81LRY ~ MZA84265173 12/16/2007 12/16/2008 COh,BlNEOSINGLELIMR 5 (Ea 2..udent) 004 000 1 ( TO , , ) ANY AU - ALL ONTIED AUTOS S T aS SCNGUUIEQ AU E ~ HIREII A1}TOS 5 - NON-0MlNCO AUTOS PROF'ER'fY aA►1.AGE cident) (Pcr x S AUTO QNLY - EA ACCIDENT S GARAGE 11ABILITY OT}1L•R T1iAN EA AEC S ANY AVTQ AUTOONLY: AGG 5 LQ:I-B71-185497-026 09/27/2007 49/27/2008 encfioccunRENCC s 5,400,00 dceFSSrueaaReu.auaEnurr DE A'I r-I AGGREGA7F s 5,000,00 A CU11h1S X OCCUR 5 C 5 DEDUCT19l,E 5 RETEMION 5 YVC STATU- OTH- TORY ~ ' - wORKCRS CUldPENSATSON ANO F1APlOYERS LIAB1LtSY E.L. EACt1 RCCIEIENT S hVY PR~PFiETdRIF'AR1i~tfRJEXEGUI7VE XClUDEO? R E,L. UISEASE - EA u'~1PtOYt F S H OFFICERIMEMBL- If ycs, descnbe undx E.L. UISE/1SE - POLICY LIMir 5 SF'EC1AL ?ROUISIONS below _ 1HD8487.89❑ 12/16/ZO07 12/16/2008 $400,000 any one oss n~and Marine - $250,000 any one item a ented/Leased $1,000 deductihle U7 t ~.........t wnncn ov c~vv~o ccraFl.(Tf CPF(:IAL PR ~VISIONS OESCRkPT7ON QF aPtltR ltutv,1 LwK11vn48 rrn1~...... CERTtFtCATE HaLDER__ _ CANCELLATIO SHOULO ANl' OF THE A80VE DESCRtBED PUIICIES HE CANl:E1LED OEFOftE THE EXPiRATION DATE TIIEREQF, THE ISSUtNG INSURER W1li ENOEAVOR TO fnnll ~ ZO DAYS WRIT7EN NDTiCE TO THE CERT1fICATE HOLDER NANED'f0 THE LEFT. 9UT FAILURE TO MAIL SUCH NOTiCE SNALI IASPQSE NO OBLIGATIOn OR UA9ILIT' 4F ANY KINO UVOt< THE INSURER. I7S AGENTS QR REPRESENTATtVES. S ` C ~ AUTHORIZF~ REPRESEN7A71VL- Ra n erJSR 000180 OACORD CORPORATION 19 . r AEo8-o GERTiFIGA1'E OF LIABILITY INSURA►NGE OPID .i DATE(17/DDIYYM TSLST-1 05 09 08 PROOUCER THIS CERTIFICATE IS tSSUEO AS A AAATTER OF INFORMATION Robertson Ryan 6 Assoc Ine. ONLY AND CONFERS NO RiGHTS UPON THE CERT7FlCATE Two Plaza East, Suite 650 HOLDER. THM CERTIFICATE DOES NOTAMENO, EXTEND OR 330 East Kilbourn Avenue AITER THE COVERAGE AFFORDEO BY THE POUCIES BELOW. Milwaukee WT 53202 Phone : 414-271--3575 Fax: 414-271-0196 - INSURERS AFFORDING COVERAGE . NAIC & INSURED - _ _ _ - INSURERk Employers ZII3 Of WdllBdll . INSUcrtR B. SL 3taff Leasing Inc iNSUrtER C. i P Q Sox 1648 Rockwall TX 75087 _ iusuae.o- ~ INSURER E I l.V YCRNl1CJ TkE POUCIES OF INSUR4NCE lJSTED BEILWV HAVE BEEr, ISSUED TO TNE INSUREO NAIUED ABOVE FOR THE FDUCY P[Rt00INDICATED. N07WITHSTANDING fNY REQUIREMENT, TERM CR CONDI710N OF MfY CONTFIAC i pR OTF1ErZ DCCUMENT LV1TH RESPECT TO WNICN TH!S CERTIFICATE LtAY ISSUED Or2 WAY PERT.an, TMt iustlRAyGe A?=ORDEO 8'r niE POUElES OcSCR13ED HEREIN IS SU6Jc'C7' TU ru.l THE TRMS, EXCLUSi7NS ,iNO MN[:RlilhS OF SUCH ?~7UCIES. ACt RtG4i IIMITS SHC'NN M.:Y HAVE BEEN f'[CtUC^ED BY AAfD ClA1M5. 1fl5R"MUL - - - I POUCY NUMBER lTR iN5R0 TYPE QF IR(S1IRANCE pOIIC'P~~€~l1VE POL]CYEXPI~A71Ot DATE (A1NUD0 I DATE ltMRS I GENERALIJaBWTY ; . ERCHCUGURRENCE 5 ! CQUMFRCIAI GFNERAI. UABIIIIY ~ UPMAIII: I u RENITED ~ PREMISES (fa ocwrence) - - - . 5 i GlA1MS A',ADE i O(1CUR ~ ^MED EXP (MY one pemon) I : S ' PERSONAL E ACN INJURY + 5 ; _ . I - ~ GfiNERA.LAGGRE ~4 c S ~ GEN'L AGCREI'»lTt LlAtri AP~ 5 PeR: ; . . _ PRdOUGTS - COMFIOP A~;G S ~?CRICV ~ JECf I I lC'C ~ ' . ~AUT OMOIMI-E `IAMm I COM81NE0 SINGI.E L!AliT 5 . I M'Y AUTO (Ea acddett) ~ t ALL OWNED nUTp$ . . - - HODILY INJLJRY S SCHEOULEOAUTOS (Perperson) ~ HIREDaU7v: ~ @UDIlY1NJUFY ~ S NC)N-0WNEDAUTCIS (Feracodent) i [IrRll-=R TY D Pfd43F. 5 er acddent) ~ GARAGE W1BIl.fiY ~ AUTOONLY-EAAt;CIDEYT 5 ( ~ ANY AUTO -a EA ACC ' S . OT11ER THAN AIIEQ MY: AGG 5 EXCESS/UNIBRFIIAUA&ILITY ~ - ! ERCN.'k,'CURRENCE - 5 I'4l.'C:l!R GLAIAiS MALE ~ ( _ AGGREGATE 5, i S I De6UGT19LE I ~ • I ~ 5 ReTENT10N I S ~ . 5 - . . WDRKERS COMPENSAiION AND ONF*LOYEftS'IJA9LLtTY x:TO~Y UMITS ER A WAC:49D437085088 FW PFOPRI=70R+FARTNEW_XECUTIVC ~ ~ 05/13/08 016f01/09 EI.EaCHAC)CiOErrr - 31000000 OFfICrRNLMBERFXCUh1ED? I dnarn'x uMer @ yes E.LDISCJut - rA EMPLOYEE _ S ZOOQOOO , SPECI.4L=ROVISt~t~SbU~x £LDISFASE - POUCILIIAtT S 1QQOOQQ OTHER i i ~ I OESCRIPTION OP OPERAT►ONS t LOCATIONS I V@iiCLES! EX CLUSIONS ADDED BV ENDORSpHEWT I SPEqAL PRONSIONS Re: Intercan Cantruction Co_, Inc. %.eec i irwA i e nvwtrc CAMGELLATION . . x,i{COTtn`I, SHOULD ANY OF 7HE ABOYE DESCRIBffi i'OUCIES BE CANCEI Lcn 6EFUFE TTiE EXPIRA770N /i s pATE lfiFJtEOF, THE ISSUING WSURERNIU1ETlDEAYOR TO IV6A1L 30 pAYS LHRI7TEN ~ t NOTICE TQ THE CERTIFICATE HOLOER NAMED TO THE IEFi, HUT FAILLIRE TO 00 SO SHALL C a Py IMPOSE ND Q6UGAT1014 OR LIABILITY OF ANY K1ND UPON THE IkSURER, RS AGENTS OR aeaaESENTatrvFS. U ACORD CORPQRAT[QN 1988 a OOO1V1 eEmotiTIon INTERCON CONSTRUCTION STATEMENT OF QUALIFICATIONS COMPANY, INC. 1. Intercon Construction Co., Inc. DBA: Intercon Demoliticua Co, 2. Type of Organization: Corporation 3. Main Office Address: 301 West Ave D, Garland, Texas,75040 4. When Organized. December 9,1986. 5. Where Incorporated. Texas 6. Years of Contracting. 22 years. 7. Corporate Officers a. President - Mr. Brent W. Bates b. Vice President - Mrs. Beverly Bates Stockholders a. Mr. Brent W. Bates - 51 % b. Mrs Beverly Bates - 49% 8. Company Federal Tax ID#. - 75-2144660 9. Contracts on hand. - See Exhibit A attached 10. Character of work we perForm. - We are a complete demolition company experienced in wrecking and selective demolition pf buildings on campuses and apartment complexes. 11. Ever failed to complete a contract. No. 12. Have we ever defaulted on a contract. No 13. Project history with contacts. - See Exhibit B attached. 14. Equipment availabte for this project. a. Excavators - 2 Volvo EC210C Model Year 2008 conditian excellent. b. Wheel Loaders - 2 John Deere 624JN Model Year 2008 condition excellent. 15. Experience in demolition. See Exhibit B attached. 16. Background and experience of Key Personnel. See attached Exhibit C. 17. Release of information. See signatory release of information jn Bid form. 301 W. Avenue D Garland, Texas 75040 'hone (972) 424-2220 Fax (972) 424-0812 Mobile (972) 670-6166 Email: tearitdowndemo@aol.com O0OIV2 STATENfENT OF BIDDER'S QUALIFICATIONS (To be submitted by the BIDDER ONLY at the time of its Bid) To allow the CITY 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 incorporated. 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 appropnate. 8. State the company tax identification number, or, if a sole proprietor, the proprietor's social security number. 9. Contracts on hand: (Attach a schedule of 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. 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, including the make, model, year, and type of equipment along with its current condition. 15. Experience in demolition work similar in importance and manner to this project. 13 . 000183 _ . _ r 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 requests any person, firm, or corporation to furnish any information requested by the CITY in verifications of the recitals comprising the Statement of Bidder's Qualifications. Dated at (-'.,Li2l.A~ ~,TExAS , this ('CA day of ~O,~i~~iT , 2008. ...1 ti17E2Co~.S ~~s i ~VGT~O~ CO• , ~,JC: of Bidde By:, . 12D2E,QT 0.1. -BA i CS Title: E~rzEyae-oT STATE OF COUNTY OF being duly sworn, deposes and says that he is of e,-, „ c4br S4-r ~C 4, a, 6'~a Zti e--, and that the answers to the foregoing questions and all statements therein contained are true and correct. ~ Subscribed and sworn to before me this(5 day of ,,s 2008. N tary Public My commission expires: _ Z L,~-:-~;LZ / / P1Susan E Waiker '•p My Commisalon Expiree 010011 14 - U00184 EXHIBIT A- WORK ON HAND - AUGUST 2008 RIO VISTA APARTMENTS • SCHEDULE AUGUST 2008 - NOVEMBER 2008 • VALUE - $350,000.00 • Approx 190,000 sq ft of apartment complex demo. Dallas, Texas • Contact Sam Bergner - 214.649.3176 • NOT BONDED • APPROX. 5% COMPLETE BINKLEY APARTMENTS • SCHEDULE JULY 2008 - OCTOBER 2008 • VALUE - $300,000.00 • Approx. 150,000 sq ft of Apartment Complex SMiJ Campus, Dallas, Texas • Contact Mr Ron Russell - 214.768.3296 • NOT BONDED • APPROX 10% COMPLETE ' 000185 r EXHIBIT B- PROJECT HISTORY AND CONTACTS Name and Location of Project: Demolition of Village View Apts Dallas, TX Contract Amount: $560,000 Percent Complete: 100% Project Completion Date: July 2008 Description of Project: Demolition of approximately 300,000 sq ft of aparhnents, Dallas Texas Owner Reference Contact with address and phone number: Name: Stanford Construction Co. Mr. Ted Edgerton Telephone Number: 972.682.5600 Address: 12640 E. Northwest Highway, Suite 411 Dallas, TX 75228 Name and Location of Project: Demolition of UniversiTy Garden Apartments SMLT Campus, Dallas, TX Contract Amount: $1,240,000 Percent Complete: 100% Project Completion Date: September 2007 Description of Project: Demolition of approximately 400 apartments on SMU Dallas campus Owner Reference Contact with address and phone number: Name: Mr. Ron Russell Telephone Number: 214-768-3296 Address: PO Box 750273 Dallas, TX 75275 Name and Location of Project: Lake Highlands Town Center Apartment Demo Contract Amount: $1,860,000 Percent Complete: 100% Project Completion Date: July 2008 Description of Project: Demolition of 1,000,000 sq ft of two story apartments. This comprised 4 apartment complex's across 70 acres. All structures, foundations and pavement were demoed with structures ground and used as industrial mulch. All concrete was crushed to TXDOT spec's and used for road base. Owner Reference Contact with address and phone number: 1 m Qa01B6 EXHIBIT B- PROJECT HISTORY AND CONTACTS Name: Mr. Bruce Heller Telephone Number: 214-495-8581 E-Mail: bruceheller@jaryco.com Address: 1333 W. McDermott, Suite 150 Allen, TX 75013 Name and Location of Project: Mall Del Norte Laredo, Texas Contract Amount: $1,400,000 Percent Complete: 100% Project Completion Date: September 2007 Description of Project: This was a mall remodel done at night which included floor tile, ceiling, and mall entrance demolition. Name: Mr. Josh Randall EMJ Corporation Telephone Number: 423-855-1550 Address: 2030 Hamiltion Place Blvd. Suite 200 Chattanooga, TN 37421 Name and Location of Project: Demolition of 9 Houses SMU Dallas Campus Contract Amount: $60,000 Percent Complete: 100% Project Completion Date: April 2007 Description of Project: Demolition of 9 houses throughout SMU Dallas Campus. Owner Reference Contact with address and phone number: Name: Mr. Ron Russell Telephone Number: 214-768-3296 Address: PO Box 750273 Dallas, TX 75275 Name and Location of Project: Professional Tower Demolition Ector County Hospital District Odessa, Texas Contract Amount: $484,000 Percent Complete: 100% Project Completion Date: August 2006 Description of Project: Demolition of 10 story concrete building, approx. 95,000 sq. ft., with demo, backfill, and compaction of basement. This job was adjacent to 2 streets that were protected during demolition. Owner Reference Contact with address and phone number: Name: Mr. John Durham Telephone Number: 432-640-4678 E-Mail: jdurham@echd.org 2 ~ 000187 EXHIBIT B- PROJECT HISTORY AND CONTACTS Address: PO Box 7239 Odessa, TX 79760 3 w 000188 L I X H (r5 r -r c- eEmotITIon INTERCON CONSTRUCTION RESUME BRENT W. BATES COMPIWY. INC. PRESIDENT OF INTERCON CONSTRUCTION CO. INC. Mr. Bates graduated from Richardson High School in 1977, furthering his education by compteting three years at Texas Tech University. Mr. Bates has been working in the construction industry for approximatety 30 years and performing demolition for over twenty years. Mr. Bafes possesses a comprehensive knowtedge of the laws and regulatory requirements, ensuring compiete complianoe with all levels of government regulatory and reporting requirements as they apply to the demolition industry. Mr. Bates woriced as Director of Construction for l.aSalle Partners from 1983 to 1986. ~ In 1986, Mr. Bates decided to establish his own company, lntercon Construction Co., Inc/lntercon Demolition af which he is cuRentiy the owner. lntercon Construction Co., Inc. generates approximateiy 3.5 million dollars anriually in gross sales. lntercon C+mstruc#ion Co., Inc. has perfoRned projects for several city govemmenfs such as the City of Fort Worth, the City of Commerce, the Cihr of Wylie, the City of Rockwall and the City of Richardson. Additionally, lntercon has performed work at educational facilities such as Texas Wesleyan Urriversity, Southem Methacfist University, Austin College and subcontracted for work at the University of Texas at Dallas. Mr. Bates leads negotiations with clients and suppliers, and has overseen fi nancial and operational results that exceeded corporate goals whidi has ailowed lntercon Const.ruction Co., Inc. to remain in business fur over iwo decades. 301 W. Avenue D Garland. Texas 75040 ,ione (972) 4242220 ' ---Pax (972) 424-0812 Mobile (972) 670-6166 . Email: tearitdowndemo@aol.com „ 000189 ~ . . . - _ LA k 6 (7 C eEmotITIon INTERCON CONSTRUCTION coManMr, wc. RESUME - BRUCE C. WALKER OPE;RATIONS MANAGER - INTERCON CONSTRUCTION CO. EDUCATIUN: Bachefor of Science Degree, Mechanical Engineering, University of South Flor;da, Tampa, Florida -1972 LICENSINGI HISTORY Electricat Contracting License, Pinellas Count FL 1972-1976 expired Mechatiical Contracting License, State of Texas, 1984 to present, Inad'nre NEBB, Nationa! Environmental Batancing Bureau, 1990-1998 expired WORK H1;)',TORY: 1972- 74 Quality Control Air Conditioning, targo, Florida Project Engineer HVAC Contractor 1974 -71i Limbaugh Mechanical Contractors, Oetroit, Mi Mechanical Projed Manager - Uetroit Lions Football Stadium °Silverdome° Potrtiac, Mf 1976 -713 H.B. Zachry Co. Dallas, Texas Mechanical Engineer, Sewage Treatmerrt Plant, Singleton Road, Dallas, TX 1979 - 83 The Emde Co. Mechanical Contractors - Houston, TX Projed Manager various high rise and hospital pro- jeds in Houston and Dalias 1984 - 99 Mechanica{ Interiors Inc. Datlas, Texas Co-Founder and 50% owner of Mechanical lnteri4rs Inc. In 15 years company went from 0 to 50 Million per year revenues, 2 to 500 employees serving Dattas and Austin,l7C 2000 - 05 Residential Reaf Estate Investor 2006 - F'resent Irrteroon Construction Co., Inc, Gariand, TX Cfperations Manager BEST AT7RIBUTES: • GaDd Famiiy Man • Prcblem solving • Organ"¢ation 301 w. Aveaue D • Maintaining goals Gar4and. Texas 75040 ioae (972) 4242220 ~.-.-ax (972) 424-0812 Mob(le (972) 670-6166 Etnail: tearitdawndemoCaol.com M 000196 _ r . . ~yC~E~F3r i ~ eEmoIITion CoN RUCTION' R_esuitle Mr. Jose Villarreal COMPANY, INC. Mr. Villarreal first came to work for Intercon Construction Co. in Janu:iry 2007 as a Assistant Superintendant on our Mall De Norte F'roject in Laredo, Tegas. There he ezhibited great Leader,ship and Management Skills in helping to Supervise a workfo r-ce of 30 people during an S month long night project. This wiis a selective demolition project that required his managE:ment of creating schedules, selecting proper sub crews, deciding on means and methods almost on a nightly basis to maintai.m project schedule. All this was done with knowledge of reading; drawings and in some cases interpreting drawings based o» his understanding of construction goals from jobsite meetin€;s and at the same time staying up to date wit6 changes in t6e work. At the end of the job t6e General Contractor said that Intercon and Mr. Villarreal was the pusher on the job and was the main reason the whole project was done on time. ~ At the e::nd of MaII De Norte Mr. Villarreal came to Dallas to Supervi:;se a 1,000,000 sq. ft. apartmeat demoliNon project. This project :had a workforce of 25 people, 4 excavators, 3 backhoe's, haul trricks and our concrete crushing operation. Also while managiug this workforce he interacted with owners at meeting;s, met and spearheaded walkthrough meetings with City Inspectors, SWPPP inspectors and TDH officials. He coordinated all utility locates and managed demolition around them. Mr. Villlarreal is a great asset to Intercon Construction and will successi'ully complete any job he is on. WORK I=[ISTORY • V:aquillas Construction 2002 - 2006 Superintendant • Te,xas Region Contractors 2000 - 2002 Ass't Superintendant • Cllack Corporafiun 1997 - 2000 Ass't Supervisor • O scar Meyer 1993 -1997 Line Leader 301 W. Avenue D Garland, 7exas 76040 EDUCA'1CION hone (972) 424-2220 .Riio High Schoot, Rfo Wisconsin =ax (972) 424-0812 " Mabile (972) 670-6166 EmaiL• teeritdowndemogaol.com ~ 000191 ' T EXHIBIT "C PERFORMANCE BOND STATE OF TEXAS § § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: That whose address is , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the CITY OF PARIS, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter sometimes called "City", and , hereinafter sometimes called "Owner" (the City and Owner are collectively called "Obligees"), in the penal sum of DOLLARS ) in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with Owner (the "Contract") dated the day of , 20 , which is made a part hereof by reference, wherein the City is a third party beneficiary with regard to the completion of certain public improvements (as defined therein); said Contract calling for the completion of the public improvements among other things. NOW, THEREFORE, if the Principal shall well, truly and faithfully perForm and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by Obligees, with or without notice to the Surety, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall fully indemnify and save harmless the Obligees from all costs and damages which Obligees may suffer by reason of failure to so perform herein and shall fully reimburse and repay Obligees all outlay and expense which the Obligees may incur in making good any am 000192 _ _ r default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Lamar County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Lamar County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the day of , 20 . ATTEST: PRINCIPAL: BY: Name TITLE: SURETY: BY: ATTEST: Name TITLE: The Resident Agent of the Surety in Lamar County or Dallas County, Texas, for delivery of notice and service of the process is: p00193 NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Pa_qe 1 of Performance Bond must be same date as Contract. Date on Pa_qe 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person's name. m 000194 PAYMENT BOND STATE OF TEXAS § § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: That whose address is , hereinafter called Principal, and ,a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the CITY OF PARIS, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Owner", and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of DOLLARS ) in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Paris, the Owner, dated on or about the day of , A.D. 2008, which is made a part hereof by reference, for the NOW, THEREFORE, if the Principal shall well, truly and faithfully perForm its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Lamar County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it , UDU195 does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Lamar County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article 7.19-1. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the day of , 20_. PRINCIPAL: ATTEST: ATTEST: BY: Name TITLE: SURETY: BY: Name TITLE: The Resident Agent of the Surety in Lamar County, Texas, for delivery of notice and service of the process is: NAME: STREET CITY, STATE, ZIP: NOTE: Date on Pa_qe 4 of Payment Bond must be same date as Contract. Date on Pa_qe 5 of Payment Bond must be after date of Contract. If Resident Agent is not a corporation, give a person's W 000196