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20 Resolution awarding the bid for the demolition and disposal of dilapidated structuresCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11 /24/08 Community Council Date: Development Lisa A. Wright, Director 20. 12/08/08 RECOMMENDED MOTION: Move to approve a resolution awarding the bid for the demolition and disposal of dilapidated structures to Sanitation Solutions for $22.00 per ton for a term of two years and authorizing the City Manager to negotiate and execute all necessary documents. PoLicY IsstrE(s): Bid award; Code Enforcement BACKGROUND: The current $26 per ton, one-year contract with Sanitation Solutions for the city-wide demolition and disposal of dilapidated structures expires on December 10, 2008. Advertisements for bids were placed in The Par•is News on November 23 and 30, and bids were opened on Tuesday, December 2. Three packets were picked up by potential bidders, and one bid from Sanitation Solutions was submitted. Based on review of the bid, staff recommends Sanitation Solutions be awarded the bid for this project in the amount of $22.00 per ton, for a term of 2 years. Be advised that the new contract will require Sanitation Solutions to complete a minimum of five work orders per month. This production rate is expected to result in the expenditure of all of demolition budget of $155,000. Also, there is now a liquidated damages clause of $100 per day far every work order under the minimum number of five that they fail to complete in a month (e.g. if only two work orders a completed then Sanitation Solutions would have to pay $300 per day). BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, contract ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Otder Expense $ ❑ Departrnent Report ~ Resolution Budgeted Arnt $255,000.00 ❑ Presentation ❑ Ondinance Y7'D Actual $59,140.00 (does not include ❑ Public Hearing ❑ Other November Waste Management bill - not rec'd t Acct Name House Demolitions/Sanitation Fees Acct Number 01-0328-40-00/01-0330-40-00 $100,000.00 from Council bu et FiscAL NoTES: Account No. 01-0328-40-00, House Demolitions, is budgeted at $80,000. Account No. 01-0330-40-00, Sanitation Fees, is budgeted at $75,000. The additional $100,000 is budgeted under the Council's Department. REVIEWED AND APPROVED BY: g Administration n City C1erk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court g Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 DRAFT attorney\reswrok\current\Demolition Hazardous Structures - Awd Bid-Contract Res 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDIIVG THE COIVTRACT FOR THE DEMOLITIOIV AND DISPOSAL OF DILAPIDATED STRUCTURES IN THE CITY OF PARIS TO SANITATION SOLUTIONS, 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 2nd day of December, 2008; and, WHEREAS, the lowest responsible bid providing the best value to the City was received from Sanitation Solutions, 1806 S. Church St., Paris, Texas 75460, at a unit price of $22.00 per ton for a two-year contract; and, WHEREAS, the contract should be awarded to Sanitation Solutions 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 City Manager should be authorized to execute the Demolition Services Agreement on behalf of the City of Paris in the form 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 Sanitation Solutions, 1806 S. Church St., 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 Demolition Services Agreement and 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 of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Demolition Services with Sanitation Solutions Agreement for the work referenced herein in substantially the form attached hereto as Exhibit A. 1" 0 O0 0 9:i Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 8th day of December, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney m UOU094 STATE OF TEXAS COUNTY OF LAMAR DEMOLITION SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 2008, by and befinreen the City of Paris, Texas, hereinafter called "CITY" and Sanitation Solutions, with main offices located at 1806 Church Street, Paris, Texas 75460; hereinafter called "CONTRACTOR." 1.01 CITY hires CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services (the "Work") in accordance with this Agreement, the Bid Package for Demolition and Disposal of Dilapidated Structures 2008-2009 (including Master Specifications) attached hereto and incorporated herein as Exhibit A and CONTRACTOR's Bid attached hereto and incorporated herein as Exhibit B (hereinafter collectively referred to as the "Bid Documents"). In the event there is any conflict or inconsistency between what is called for in this Agreement and what is called for in the Bid Documents, this Agreement shall control, followed by the requirements contained in the Bid Package. 1.02 CONTRACTOR has bid a fixed unit price of $22.00 per ton for a two-year term beginning with the effective date of this Agreement for demolition and disposal of dilapidated structures for the City of Paris, Texas. 1.03 CITY agrees to provide site specific work orders for structural demolition services to CONTRACTOR by the fifth day of each month. There is no guarantee of the number of work orders that will be issued per month; provided, however, if CITY issues five (5) or more work orders per month, CONTRACTOR agrees to complete no fewer than five (5) work orders by the last day of the month in which the work orders were received. Work orders should be completed in the order in which they are received by CONTRACTOR, and CONTRACTOR shall bill CITY for completed work orders in accordance with Section 1.0-6 hereof. 1.04 Additional time to complete monthly work orders will be allowed by the CITY only in the instance of significant weather events which make timely performance impractical, as determined exclusively by and approved by the CITY. Weather delays will be considered by the CITY only if requested by the CONTRACTOR within forth-eight (48) hours following the weather event. Because CONTRACTOR will be completing work orders based on a monthly schedule, CONTRACTOR shall ensure that CITY is made aware of any and all weather delays that occur throughout the month in the event those weather delays result in CONTRACTOR's failure to complete the required number of work orders by the monthly deadline. 1.05 CITY and CONTRACTOR agree that time is of the essence in this Agreement and that CITY may suffer financial loss if the Work is not completed on schedule and within the times specified herein, plus any extensions thereof allowed in accordance with this Agreement. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by EXHIBIT A m OOorl95 CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for unapproved delays (but not as a penalty) CONTRACTOR shall pay CITY $100.00 per day for each work order that has not been completed by the last day of the month on which the work order was received. This Section does not apply to outstanding work orders beyond the minimum five (5) required in Section 1.03. 1.06 CONTRACTOR must submit bills to CITY on a monthly basis for all work completed during the month by no later than the fifth day of the following month. Bills should include a cover page showing the full amount due for the month, completed work orders showing the cost per structure, and landfill trip tickets for debris related to the demolition of each structure. No additional charges will be permitted unless approved in advance in writing by 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 the bid documents and the Agreement. Nothing herein shall require CITY to expend more funds than that amount currently budgeted for this activity as approved by the City Council. 1.07 With the execution and delivery of this Agreement, CONTRACTOR shall furnish and file with the CITY a performance and payment bond (using City's provided forms) in the amount of the total estimated annual expenditure for demolition of dilapidated structures 2008-2009 of $155,000.00 and which satisfies 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. 1.08 CONTRACTOR covenants and agrees that CONTRACTOR 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 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 befinreen CITY and CONTRACTOR 1.09 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. 1.10 CITY 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 negligent or intentional acts of CONTRACTOR, CONTRACTOR's officers, employees, agents, or servants in the 2 at 0 00 P) 9G performance of the work called for in this Agreement and the Bid Documents, or resulting from the operation of any device or equipment located in or upon any of the properties identified in the work orders, or any appurtenance thereof, nor for any damage or injury from any defect or want of repair of any structure or device on the work order properties. 1.11 CONTRACTOR agrees to release, 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 related to the services and contractual duties provided by the CONTRACTOR pursuant to this Agreement. 1.12 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 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. 1.13 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. 1.14 CONTRACTOR shall timely perform and complete the Work herein in accordance with this Agreement and the Bid Documents attached. In the event CONTRACTOR shall default in any covenant, condition, provision, or stipulation herein contained, CITY will notify CONTRACTOR verbally or, at its discretion, 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 to complete the work as contracted, 3 ~ UO0r9i 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. 1.15 CITY will not be responsible for CONTRACTOR's incomplete or defective work or additional work required by CONTRACTOR's incomplete or defective work, or mechanical breakdown of CONTRACTOR's equipment. CONTRACTOR must complete all work in accordance with CITY work orders and the terms of this Agreement. The properties are presumed to be vacant, but it shall be CONTRACTOR's responsibilitv to inspect the structures for inhabitants before commencinq 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. 1.16 CITY may terminate this agreement for cause or at its convenience at any time during the period of performance. Upon receipt of notice to terminate, CONTRACTOR shall immediately stop work and shall be compensated only for that work completed up to the date of termination and completed in full conformance with this Agreement and the Bid Documents. 1.17 This Agreement may not be subcontracted, in whole or in part, without the CITY's express written approval in advance of the services. 1.18 CONTRACTOR should not discriminate against any employee or subcontractor because of race, color, religion, sex, national origin, age, or disability. 1.19 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. 1.20 This Agreement embodies the entire understanding between the parties and there are no prior effective representations, warranties, or agreements, written or oral, befinreen the parties. 1.21 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. 1.22 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. 1.23 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 4 -W UUU09`~ 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. 1.24 Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, return receipt requested addressed accordingly: CITY Director of Community Development City of Paris P. O. Box 9037 Paris, TX 75461-9037 With additional copy provided to: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 CONTRACTOR Sanitation Solutions 1806 Church Street Paris, TX 75460 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 January 1, 2009. SANITATION SOLUTIONS Josh Bray, President (Corporate Seal) ATTEST: CITY OF PARIS, TEXAS Kevin Carruth, City Manager ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mcllyar, City Attorney 5 a UOU0M DRAFT attorney\reswrok\current\Demolition Hazardous Strvctures - Awd Bid-Contract Res 2008 RESOLUTION 1V0. 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 SANITATIOIV SOLUTIONS, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING A1V 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 2nd day of December, 2008; and, WHEREAS, the lowest responsible bid providing the best value to the City was received from Sanitation Solutions, 1806 S. Church St., Paris, Texas 75460, at a unit price of $22.00 per ton for a two-year contract; and, WHEREAS, the contract should be awarded to Sanitation Solutions 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 City Manager should be authorized to execute the Demolition Services Agreement on behalf of the City of Paris in the form 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 Sanitation Solutions, 1806 S. Church St., 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 Demolition Services Agreement and 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 of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Demolition Services with Sanitation Solutions Agreement for the work referenced herein in substantially the form attached hereto as Exhibit A. m 0 ()~1 W! Section 4. That this resolution shall be effective from and after the date of passage. PASSED A1VD APPROVED this 8th day of December, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, Ciry Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney * uc10lo-i MASTER SPECIFICATIONS DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES CITY OF PARIS, PARIS, TEXAS 1.0 DEFINITIONS: A. Owner shall mean the City of Paris. B. Contractor shall mean the person or firm who is awarded the demolition and contract for the OWNER. C. Cleaning and removal of trash and debris shall mean the use of any mechanical or hand method by which filth, rubbish, refuse, ar other matter that might be unhealthy andlor unsightly is removed from any property or lot and disposed of by approved methods as delineated in the Code of Ordinances. D. Director of Community Development means the Director of Community Development for the City of Paris. E. Hand work/cutting shall mean the mowing of high weeds by means other than a tractor mower and may include the use of weed eaters, brush hogs, clippers, chain saws, and other similar tools. Other hand work may include the removal 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. L 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. J. Protected tree shall mean any tree having a circumference of sixty (60) or more, measured four and one-half (4 1/2) feet above natural grade level. 21 EXHIBIT g. - 000lla.L 1.01 GENERAL A. Each Work Order shall provide for one-time specific demolition required by OWNER for property management and enforcement on a specified property. Exact demolition specifics shall be provided in each Work Order. B. CONTRACTOR shall be responsible for the safety of personnel and operations. CONTRACTOR shall,provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings as needed or as specified by the Work Order. C. Because time is of the essence in the filing of liens after demolition, Work Orders should be returned to OWNER immediately upon completion of demolition. Work Orders will not be considered CONTRACTOR=s billsBthey 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 onlv 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. 22 E. Mature and protected trees found on a property shall be protected. Contractors shall work around the tree carefully to prevent damage to the tree and its root system. Sapling trees and sprouts may be removed only if they are found in a path needed for access to the structure. 1.03 TRASH AND RUBBISH REMOVAL BY CONTRACTOR (WHEN SPECIFIED IN BID FORM) A. Additional waste material shall be removed from the property and disposed of by CONTRACTOR only if specified in a Work Order. CONTRACTOR shall not deviate from the Specifications, shall not utilize waste removal processes that are contrary to good practices or State law, and shall not utilize removal of waste to an unapproved site location. Proof of proper disposal of all waste materials, including demolition debris, must be submitted upon comuletion bv providing the OWNER with apnroved landfill tickets at the time of monthlv billiniz. 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. This type of work shall include the removal of any debris by any means and shall be removed as is necessary utilizing hand work or the use of machinery. Special attention shall be made to remove small articles, stone, metal, wire, and other similar objects which could become a hazard if thrown by a shredder or mower. F. Properties which have rubbish or waste which requires special handling may have specific instructions for the removal and/or disposal of the material provided in the Work Order. 23 0 V0 V1V'Z 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. l. Blade work shall be carefully performed to a level approved by OWNER. This includes leveling of the area designated and removing ruts, holes, low spots, roots, debris, large clumps of soil, rocks, and any other material that interferes with the maintenance of the property. 2. Wells shall be filled with clean sand or gravel type material. No exceptions. CONTRACTOR must advise OWNER prior to filling a well if additional expenses will be incurred. 1.05 FENCES A. Removal of residential fences may only be provided when specified by the OWNER. B. Removal of residential fences shall include the removal of all posts, 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 Unless otherwise specified, utility disconnects shall be the responsibility of OWNER. 24 m 0OU10J WORK ORDER INST RUCTIONS FOR TNIS PRUNtK I Y: Nature of Work Description Demolish residential structures Demolish commercial structures Blade or tiller work as specified Remove fences as specified Clean extraordinary debris, trash, and rubbish Small tree/sapling removal Special Instructions (see below) SPECIAL INSTRUCTIONS FOR THIS PROPERTY: COMPLETE AND RETURN TO OWNER WITH THE MONTHLY BILL Total cost for this property: ~ Attach copv of landfill trip tickets. Contractor/Agent NOTE: This form is required by the City in ab/e to file liens as part of an enforcement action. It will not be considered Contractor=s bill. Contractor should include a copy of this work order in its monthly billing. 25 IF UOU1006 NOTICE TO PROCEED To: Project: Date: You are hereby notified to commence WORK in accordance with the Agreement dated , 200, on or before , 200_, and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore , 200_. OWNER By: Title: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of , 200_ By: Title: 26 CONTRACTOR ~ 000107 CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: OWNER: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: Q Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: The new CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by Calendar days The date for completion of all work will be Requested by: Recommended by: Accepted by: 27 (Date). ~ 0Q0100 RECEIPT FOR PAYMENT AND RELEASE OF LIENS DATE: Received this date from , as full and final payment, the cost of the improvements provided for in the foregoing Agreement between the City of Paris, Paris, Texas (OWNER), and (CONTRACTOR), dated , 200_, for dollars, being the remainder of the full amount accruing to the undersigned by virtue of said Agreement; said amount also covering and including full payment for the cost of all extra work and material furnished by the undersigned in the demolition and disposal of dilapidated structures, and all incidentals thereto, and the undersigned hereby releases said Owner from all claims whatsoever growing out of said Agreement. And these presents are to certify that all persons doing work upon or furnishing materials for said improvements under the foregoing contract have been paid in full. In witness whereof the undersigned has hereto set his hand and seal this day of , 20 CONTRACTOR: BY: (CORPORATE SEAL) Subscribed and sworn to before me this day of , 20 Notary Public My commission expires 28 ~ (~(101101j, NOTICE OF AWARD TO: Sanitation Solutions ADDRESS: 1806 Church Street Paris, TX 75460 PROJECT DESCRIPTION: Demolition and disposal of approximately 2,700 cubic yards, ± 20%, per year of dilapidated structures located in random locations throughout the city of Paris and other work associated therewith. The CITY has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated November 23, 2008, 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, 2009, to December 31, 2009). 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, 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 8th day of December, 2008. By: Title City of Paris, Paris, Texas (CITY) City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this day of , 2008. By: Title: - 0 0 I=11 l) NOTICE TO PROCEED To: Sanitation Solutions Date: 2008 Proiect: Demolition and Disposal of Dilapidated Structures - 2,700± tons per year for two vears You are hereby notified to commence WORK in accordance with the Agreement dated December 8, 2008, on or before January 1, 2009, and you are to complete the WORK within 365 consecutive calendar days thereafter. The date of completion of all WORK is therefore December 31, 2009. C ITY By: Title: Kevin Carruth, City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the , 2008. CONTRACTOR By: Title: day of DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES 2008-2009 CITY OF PARIS PARIS, TEXAS MAYOR JESSE JAMES FREELEN (DISTRICT 3) MAYOR PRO-TEM JOE MCCARTHY (DISTRICT 1) CITY COUNCIL KEVIN KEAR (DISTRICT 2) STEVEN BROWN (DISTRICT 4) WILL BIARD (DISTRICT 5) EDWIN PICKLE (DISTRICT 6) RHONDA RODGERS (DISTRICT 7) CITY MANAGER KEVIN CARRUTH CITY ATTORNEY KENT MCILYAR DIRECTOR OF COMMUNITY DEVELOPMENT LISA A. WRIGHT Project Approved By: Kevin Carruth, City Manager Project Recommended By: Lisa A. Wright, Director of Community Development EXHIBIT g. . UOQ11~: TABLE OF CONTENTS Advertisement for Bids 1 Instructions to Bidders 2 Bid Bond 8 Bid Form 9 Statement of Bidder=s Qualifications 13 Notice of Award 15 Agreement 16 Master Specifications 20 Notice to Proceed 25 Change Order 26 Receipt for Payment and Release of Liens 27 . UUU110 PUBLISH TWO TIMES NOVEMBER 23, 2008 NOVEMBER 30, 2008 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, Texas, at the office of the City Manager, City Hall, 135 1 st Street S.E., P.O. Box 9037, Paris, Texas 75461-9037, unti12:00 pm on Tuesday, December 2, 2008, at which time all bids will be publicly opened, read aloud, tabulated, and referred to the City Council far the purpose of letting 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 a minimum of twelve (12) months from date of contract execution, and is a consideration in the awarding of this bid. A longer contract term may be proposed by the bidder. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. All bids must be submitted on the bid form included in the Contract Documents. Bid Security in the form and amount as stated in Instruction to bidders must be submitted with each bid. All bids shall remain open for 60 days after the Bid opening. City of Paris Paris, Texas Janice Ellis, City Clerk - 00011 t INSTRUCTIONS TO BIDDERS Defined Terms Terms used in these Instructions to Bidders which are defined in the Master Specifications of the Agreement have the meanings assigned to them in the Master Specifications. The term "Bidder" means the one who submits a Bid directly to OWNER, as distinct from sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Copies of Bidding Documents 2.1 A complete set of the Bidding Documents may be obtained from DIRECTOR OF COMMUNITY DEVELOPMENT. 2.2 A complete set of Bidding Documents must be used in preparing Bids; neither OWNER nor DIRECTOR OF COMMUNITY DEVELOPMENT assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 OWNER and DIRECTOR OF COMMLINITY DEVELOPMENT, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. Qualifications of Bidders To demonstrate qualifications to perform the Work, each Bidder must submit with its Bid written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below. Each Bid must contain evidence of Bidder=s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. Examination of Contract Documents and Site 4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract documents thoroughly, (b) consider Federal, State and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work, (c) study and carefully correlate Bidder's observations with the Contract Documents, and (d) notify DIRECTOR OF COMMLJNITY DEVELOPMENT of all conflicts, errors, or discrepancies in the Contract Documents. 2 a C, 01) 11lo- 4.2 DIRECTOR OF COMMUNITY DEVELOPMENT designates for demolition various properties located throughout the city. Those designated properties may be modified at any time during the course of the Contract by either addition or deletion of properties, and the properties may be submitted to the CONTRACTOR in no particular order and in no particular quantity at one time. 4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of demolition as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to DIRECTOR OF COMMUNITY DEVELOPMENT. Interpretations or clarifications considered necessary by DIRECTOR OF COMMLJNITY DEVELOPMENT in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by DIRECTOR OF COMMUNITY DEVELOPMENT as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or DIRECTOR OF COMMUNITY DEVELOPMENT. Contract Time 6.1 After award and upon receipt by OWNER of all signed contracts and bond and other documents associated with this project, DIRECTOR OF COMMUNITY DEVELOPMENT will submit a list of structures to CONTRACTOR shown in order of priority. Upon completion of each list, CONTRACTOR must contact DIRECTOR OF COMMUNITY DEVELOPMENT for a new list of structures. Nothing in these bid documents shall require OWNER to expend more than that amount budgeted for this purpose as approved by the City Council of the City of Paris. 6.2 All work associated with this project must be completed within twelve (12) months from the date of contract execution; however, Bidders may propose a longer contract term if it will result in a lower bid amount. 0 Li0U11.b Liquidated Damafzes Provisions for liquidated damages, if any, are set forth in the Agreement. Subcontractors, Suppliers, and Others No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Owner has reasonable objection. Bid Form 9.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from DIRECTOR OF COMMLTNITY DEVELOPMENT. 9.2 All blanks on the Bid Form must be completed in ink, either by typewriter or clearly legible handwriting. 9.3 Bids by corporations must be executed in the corparate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 9.5 All names must be typed or printed below the signature. 9.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 9.7 The address and telephone number for communications regarding the Bid must be shown. Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title shown on the front page of this bid packet. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 4 CO() 1i i Modification and Withdrawal of Bids 11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 11.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders after the opening of Bids. Bids to Remain Subject to Acceptance All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid prior to that date. Award of Contract 14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 143 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other person and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data, and guarantees of major 5 = U(lUll10 items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 14.4 OWNER may conduct such investigation as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. 14.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project. 14.6 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. Contract Securitv When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. Bidder may, in lieu of a Bond, submit cash or cashier=s check in the amount of 5% of its Bid. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one (1) fully signed counterpart to Contractor. Prebid Conference A prebid conference will not be held on this Project. Sales and Use Taxes OWNER is exempt from taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas to be incorporated in the Work (exemption No.75-6000635). Said taxes shall not be included in the Contract Price. Street Use Fee for Solid Waste Haulers Holders of permits issued under Sec. 16-34 of the Code of Ordinances of the City of Paris will be exempt from payment of the street use fee associated therewith for the hauling of waste associated with the demolition of the proposed structures. 6 AK 0o0ih Billing and Pavment CONTRACTOR must bill OWNER for all work completed during the month by no later than the last day of each month. Bills should include a cover page showing the full amount due for the month, completed work orders showing the cost per structure, and landfill trip tickets for debris related to the demolition of each structure. Payment will thereafter be made to CONTRACTOR after verification of the completion of the Work to the satisfaction of the DIRECTOR OF COMMLTNITY DEVELOPMENT. 7 . 0 00 11") 6 BID BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: THAT , of as Principal, and , as Surety, are held and firmly bound unto THE CITY OF PARIS, PARIS, TEXAS, as Obligee, in the full and just sum of Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for the demolition and disposal of dilapidated structures. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the Contract the said Principal will, within the time required, enter into a formal Contract and give a good and sufficient Bond to secure the performance of the terms and conditions of the Contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the Bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered (date) SURETY (seal) (seal) Attorney-in-fact s « uo012~ BID PROJECT IDENTIFICATION: Demolition and Disposal of Dilapidated Structures 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contact Documents to perform and furnish all Work as specified or indicated in the Contract Documents and Master Specifications for the Contract Price and within the Contact Time indicated in this Bid and in accordance with other terms and conditions on the Contract Documents. 2. BIDDER accepts all terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidder. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER=S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of which is hereby acknowledged: Number Date (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. (c) BIDDER has given OWNER written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to BIDDER. (d) This Bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 9 m uo0i2"' 4. BIDDER will complete the Work for the following price: Description of work: Demolition and disposal of dilapidated structures located in various areas around the city of Paris. Bidders should carefully review the Master Specifications included in the Contract Documents to ensure the Bid includes all potential aspects of property removal and disposal at the local Waste Management landfill (City of Paris will be directly responsible to Waste Management for tipping fee). Payment will be based upon landfill trip tickets. Total Price Per Ton (12 month contract) ALTERNATE: Total Price Per Ton Proposed Longer Contract Term $ $ NOTE: Any alternative methods of bidding will be considered. Please attach alternative proposals on company letterhead, explaining the bidding methodology in detail. Quantities are not guaranteed. Payment will be based on actual quantities. 5. BIDDER agrees that the Work will be substantially complete within twelve (12) months after the date when the Contract Time commences to run; however, BIDDER may propose a longer term if it will result in a lower bid. 6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. The following documents are attached to and made a condition of this BID: (a) Performance and Payment Bonds are required (or cashier=s check for 5% of Bid). (b) Statement of Bidder=s Qualifications. 8. CONTRACTOR must submit certificates of insurance and workmen compensation insurance in accordance with State and local law. SUBMITTED ON .200 . If BIDDER is: An Individual 10 , uoU12'0 By doing business as Business address: (Individual's Name) Phone Number: A Partnership By Business address: Phone Number: A Corporation By By (Corporate Seal) Attest Business address: (Title) (Secretary) Phone Number: A Joint Venture 11 (Firm Name) (General Partner) _ (Corporation Name) (State of Incorporation) _ (Authorized Official) ~ uo0124, By (Name) (Address) By (Name) By (Name) By (Name) By (Name) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) 12 x o00125 STATEMENT OF BIDDER=S QUALIFICATIONS (To be submitted by the BIDDER ONLY at the time of its Bid) To allow the OWNER to determine the lowest responsible BIDDER, the following information shall be provided. Attach separate sheets as needed. 1. Name of BIDDER. 2. Type of organization, i.e., corporation, sole proprietor, partnership, etc. 3. Pertnanent 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 appropriate. 8. State the company tax identification number, or, if a sole proprietor, the proprietor=s social security number. 9. Contracts on hand: (Attach as 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. 13 ~ (~0(~1~E► 15. Experience in demolition work similar in importance to this project. 16. Background and experience of the principal members of your organization, including the officers and the proposed Project Superintendent. 17. The undersigned hereby authorizes and request any person, firm, or corporation to furnish any information requested by the OWNER in verifications of the recitals comprising the Statement of Bidder=s Qualifications. Dated at this day of , 200 Name of Bidder By: Title: STATE OF COUNTY OF , being duly sworn, deposes and says that he is of , and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 200_. Notary Public My commission expires: 14 ~ VOL12i NOTICE OF AWARD T0: ADDRESS: PROJECT DESCRIPTION: Demolition and disposal 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 23, 2008, and November 30, 2008, and Information for Bidders. You are hereby notified that your BID has been accepted for in the amount of $ per ton for demolition and delivery only with a contract term of months. 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 day of , 200_ 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 , 200_. By: Title: 15 ~ GO(~12~ STATE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: AGREEMENT THIS AGREEMENT is entered into this day of _ by and befinreen the City of Paris, Paris, Texas, hereinafter , with main , Texas; ACONTRACTOR. @ , 20 , called AOWNER, @ and offices located at hereinafter called 1.01 OWNER employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services in accordance with the bid form; in accordance with the Master Specifications attached hereto; and in accordance with this Agreement. 1.02 CONTRACTOR shall complete all services under this Agreement within months from the date of execution hereof. 1.03 OWNER agrees to provide work orders to CONTRACTOR by no later than the fifth day of each month. There is no guarantee of the number of work orders which will be provided; however, CONTRACTOR agrees to complete, in their entirety, no fewer than five (5) outstanding work orders by no later than the last day of each month. Work orders should be completed in the order in which they were given to CONTRACTOR, and CONTRACTOR shall bill OWNER for completed work orders in accordance with Section hereof. 1.04 Additional time to perForm monthly work orders will be allowed by the OWNER only in the instance of substantial weather delays which make performance impractical, as determined exclusively by and approved by the OWNER. Weather delays will be considered by the OWNER only if requested immediately by the CONTRACTOR. Because CONTRACTOR will be completing work orders based on a monthly schedule, CONTRACTOR shall ensure that OWNER is made aware of any and all weather delays that occur throughout the month in the event those weather delays result in CONTRACTOR's failure to complete the required number of work orders by the monthly deadline. 1.05 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER may suffer financial loss if the Work is not completed on schedule with the City's fiscal year and within the times specified above, plus any extensions thereof allowed in accordance with this Agreement. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not 16 ~ uo[)12;:7 completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for unapproved delays (but not as a penalty) CONTRACTOR shall pay OWNER $100.00 per work order for each calendar day beyond the last day of each month that CONTRACTOR failed to complete a minimum of five (5) outstanding work orders. This Section does not apply to outstanding work orders beyond the minimum five (5) required in Section 1.03. 1.06 CONTRACTOR must submit bills to OWNER on a monthly basis for all work completed during the month by no later than the fifth day of the following month. Bills should include a cover page showing the full amount due for the month, completed work orders showing the cost per structure, and landfill trip tickets for debris related to the demolition of each structure. No additional charges will be permitted unless approved in advance in writing by OWNER as a change order. No extra charges will be permitted for weather delays. CONTRACTOR will be paid within thirty (30) days of receipt of invoice by OWNER for work completed in conformance with the specifications, bid forms, and this contract. Nothing herein shall require OWNER to expend more funds than that amount currently budgeted for this activity as approved by the City Council. 1.07 The CONTRACTOR shall, for all purposes hereunder, be considered an independent contractor. 1.08 CONTRACTOR shall be responsible for the safety of operations and shall provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings as needed. 1.09 OWNER shall not be liable to CONTRACTOR, CONTRACTOR=s agents, servants, employees, patrons, customers, visitors, guests, or invitees, nor any pedestrian or bystander for any damage or injury caused by the acts or negligence of CONTRACTOR, CONTRACTOR's officers, employees, agents, or servants, or resulting from the operation of any device or equipment located upon the contracted property, or any appurtenance thereof, nor for any damage or injury from any defect or want of repair of any structure or device on the contracted property. 1.10 CONTRACTOR agrees to indemnify, save, and keep harmless the OWNER from any and all demands, debts, liabilities, suits, claims, and causes of action of every kind on account of injury or damage to any person or property, arising from or connected with the services and contractual duties provided by the CONTRACTOR hereunder. 17 ~ 00013►a 1.11 CONTRACTOR is required to provide, during the term of this Agreement, and to keep and maintain in full force and effect, a policy or policies of insurance, providing at least $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. 1.12 It is expressly provided that all insurance policies required hereunder shall and must be written by a reputable insurance company or companies, and where appropriate must show the OWNER as an additional insured, subject to approval by the City Attorney of the City of Paris, and the CONTRACTOR's selected insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and shall remain in effect at all times during this contract period. All such policies shall be written so that OWNER will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be made to the OWNER by certified mail, return receipt requested, addressed to the City of Paris at the following address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas 75461-9037. 1.13 CONTRACTOR shall keep and perform every agreement and covenant herein. In the event CONTRACTOR shall default in any covenant, condition, provision, or stipulation herein contained, OWNER may notify CONTRACTOR verbally or, at its discretion, in writing, that a discrepancy has occurred. Notice when given shall include a description of the discrepancy and directives for correction. CONTRACTOR remains solely responsible to complete the work as contracted, whether notified of a discrepancy by OWNER or not, and failure of OWNER to notify of such discrepancy shall not excuse CONTRACTOR's obligations hereunder. 1.14 OWNER will not be responsible for faulty work, repeat work that was due to CONTRACTOR error or omission, or mechanical breakdown of equipment. The properties are vacant, subject to illegal dumping and other misuse, and it is expressly the CONTRACTOR's obligation to use caution while perForming the work at all times. 1.15 OWNER may terminate this agreement for cause or at its convenience at any time during the period of performance. If termination is for cause, CONTRACTOR 18 - (~t?13_~ shall immediately cease further services and shall be compensated only for that work completed to the date of termination and completed in full conformance with the bid forms, Master Specifications, and this Agreement. If termination is for the OWNER's convenience, CONTRACTOR shall be compensated for that work completed or partially completed to the date of termination and perFormed in full conformance with the bid forms, Master Specifications, and this Agreement, plus CONTRACTOR shall be compensated for any additional charges reasonably incurred, the amount of which shall be determined by the OWNER, in preparation for performance of any further services outstanding. Other than as stated herein, CONTRACTOR shall have no other claim or recourse against the OWNER for termination of the contract. 1.16 This Agreement may not be subcontracted, in whole or in part, without the OWNER's express written approval in advance of the services. 1.17 CONTRACTOR should not discriminate against any employee because of race, color, religion, sex, national origin, age, or disability. 1.18 The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement shall not be affected thereby. 1.19 This Agreement embodies the entire understanding befinreen the parties and there are no prior effective representations, warranties, or agreements, written or oral, between the parties. 1.20 This Agreement shall be subject to all present and future valid laws of the United States, State of Texas, and Ordinances of the City of Paris. 1.21 All services to be performed hereunder shall be and are to be rendered exclusively in Lamar County, Texas. Venue for any State Court cause of action arising out of or in any way related to this contract shall lie exclusively in the courts of Lamar County, Texas, and venue for any Federal Court cause of action shall lie exclusively in the U.S. District Court for the Eastern District of Texas, Tyler Division. 1.22 By executing this Agreement, the CONTRACTOR hereby certifies that the only person or persons interested in this Agreement as principals are named herein, and the CONTRACTOR during the bid process or otherwise has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the services contracted herein. Collusion in the bid process will constitute a substantial breach of the contract and justify termination of the Agreement by the OWNER for cause. 19 : ~ 00(?13' 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 , 200_ CONTRACTOR (Corporate Seal) ATTEST: Address for giving notices: CITY OF PARIS, PARIS, TEXAS (Corporate Seal) ATTEST: Address for giving notices: P. O. Box 9037 Paris, TX 75461 20 x uo013'0 MASTER SPECIFICATIONS DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES CITY OF PARIS, PARIS, TEXAS 1.0 DEFINITIONS: A. Owner shall mean the City of Paris. B. Contractor shall mean the person or firm who is awarded the demolition and contract for the OWNER. C. Cleaning and removal of trash and debris shall mean the use of any mechanical or hand method by which filth, rubbish, refuse, or other matter that might be unhealthy and/or unsightly is removed from any property or lot and disposed of by approved methods as delineated in the Code of Ordinances. D. Director of Community Development means the Director of Community Development for the City of Paris. E. Hand work/cutting shall mean the mowing of high weeds by means other than a tractor mower and may include the use of weed eaters, brush hogs, clippers, chain saws, and other similar tools. Other hand work may include the removal of fencing, refuse, trash, junk, and other debris. F. Wark 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. 1. Mature tree shall mean a tree having a trunk circumference of at least ten (10) inches but less than sixty (60) inches measured four and one-half (4 1/2) feet above natural grade level. J. Protected tree shall mean any tree having a circumference of sixty (60) or more, measured four and one-half (4 1/2) feet above natural grade level. 21 = li0(~13~z 1.01 GENERAL A. Each Work Order shall provide for one-time specific demolition required by OWNER for property management and enforcement on a specified property. Exact demolition specifics shall be provided in each Work Order. B. CONTRACTOR shall be responsible for the safety of personnel and operations. CONTRACTOR shall provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings as needed or as specified by the Work Order. C. Because time is of the essence in the filing of liens after demolition, Work Orders should be returned to OWNER immediately upon completion of demolition. Work Orders will not be considered CONTRACTOR=s billsBthey 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. 22 « uoU135) E. Mature and protected trees found on a property shall be protected. Contractors shall work around the tree carefully to prevent damage to the tree and its root system. Sapling trees and sprouts may be removed only if they are found in a path needed for access to the structure. 1.03 TRASH AND RUBBISH REMOVAL BY CONTRACTOR (WHEN SPECIFIED IN BID FORM) A. Additional waste material shall be removed from the property and disposed of by CONTRACTOR only if specified in a Wark 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 bv 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. This type of work shall include the removal of any debris by any means and shall be removed as is necessary utilizing hand work or the use of machinery. Special attention shall be made to remove small articles, stone, metal, wire, and other similar objects which could become a hazard if thrown by a shredder or mower. F. Properties which have rubbish or waste which requires special handling may have specific instructions for the removal and/or disposal of the material provided in the Work Order. 23 m 0 00113E; 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. Blade work shall be carefully performed to a level approved by OWNER. This includes leveling of the area designated and removing ruts, holes, low spots, roots, debris, large clumps of soil, rocks, and any other material that interferes with the maintenance of the property. 2. Wells shall be filled with clean sand or gravel type material. No exceptions. CONTRACTOR must advise OWNER prior to filling a well if additional expenses will be incurred. 1.05 FENCES A. Removal of residential fences may only be provided when specified by the OWNER. B. Removal of residential fences shall include the removal of all posts, 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 Unless otherwise specified, utility disconnects shall be the responsibility of OWNER. 24 m VO0;13 -1 WORK ORDER Address Lot Block Subdivision INSTRUCTIONS FOR THIS PROPERTY: Nature of Work Description Demolish residential structures Demolish commercial structures Blade or tiller work as specified Remove fences as specified Clean extraordinary debris, trash, and rubbish Small tree/sapling removal Special Instructions (see below) SPECIAL INSTRUCTIONS FOR THIS PROPERTY: COMPLETE AND RETURN TO OWNER WITH THE MONTHLY BILL Total cost for this property: $ Attach copv of landfill trip tickets. Contractor/Agent NOTE: This form is required by the City in ab/e to file liens as part of an enforcement action. It will not be considered Contractor=s bill. Contractor should include a copy of this work order in its monthly billing. 25 N opt,131S NOTICE TO PROCEED To: Date: Project: You are hereby notified to commence WORK in accordance with the Agreement dated , 200 , on or before , 200_, and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore .200 . OWNER By: Title: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of , 200_. CONTRACTOR By: Title: 26 - ('01135 CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: OWNER: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: $ Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ The new CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by Calendar days The date for completion of all work will be Requested by: Recommended by: Accepted by: (Date). 27 RECEIPT FOR PAYMENT AND RELEASE OF LIENS DATE: Received this date from , as full and final payment, the cost of the improvements provided for in the foregoing Agreement befinreen the City of Paris, Paris, Texas (OWNER), and (CONTRACTOR), dated , 200_, for dollars, being the remainder of the full amount accruing to the undersigned by virtue of said Agreement; said amount also covering and including full payment for the cost of all extra work and material furnished by the undersigned in the demolition and disposal of dilapidated structures, and all incidentals thereto, and the undersigned hereby releases said Owner from all claims whatsoever growing out of said Agreement. And these presents are to certify that all persons doing work upon or furnishing materials for said improvements under the foregoing contract have been paid in full. In witness whereof the undersigned has hereto set his hand and seal this day of , 20 CONTRACTOR: BY: (CORPORATE SEAL) Subscribed and sworn to before me this day of 120, Notary Public My commission expires 28 ~ r~.~ ~ ! i►1 1806 S. Church St. Paris, TX 75460 PO Box 6190 Paris, TX 75461 Ph: 903 784 0124 Fax: 903 784 1007 sAlYlT11 T101Y sULIITIU1YcS STATEMENT OF BIDDER'S QUALIFICATIONS 1. Sanitation Solutions 2. Sole Proprietorship 3. 1806 S. Church St. P.O. Box 6190 Paris, TX 75460 °f Paris, TX 75461-6190 4. Sanitation Solutions was organized during September 2005. 5. Not applicable. 6. Sanitation Solutions has been in operation for over 3 years, and has operated exclusively under the name Sanitation Solutions. 7. Josh Bray is the sole Owner of Sanitation Solutions. There are no additional corporate officers, partners, etc. 8. The company Tax I.D. # is 20-3423515 9. Not applicable. 10. Sanitation Solutions provides a variety of trash services to multiple cities, companies, and individuals. 11. Sanitation Solutions has completed all of its scheduled assignments. 12. Sanitation Solutions has not defaulted on any of its contracts. 13. Significant projects include demolition for the City of Paris, Texas. This contract expires on December 10, 2008. The cost is currently unavailable. 14. Major equipment available for this contract includes all of the units listed on Attachment A, and all are in good condition. 15. Sanitation Solutions has provided the trucking for several demolition projects in and around the City of Paris as well as other cities. Our employees are familiar with the Paris Area and the demolition process. 16.Josh Bray, Owner of Sanitation Solutions, has worked on several demolition projects on multiple occasions. He is familiar with demolition procedure and its course of development. He has acquired extensive knowledge and experience relating to the equipment, employees and general operations. EXHIBIT $ ~ voo140L: Attachment A 101 2005 Mack Front load 54900 40 yd R7XL04 1M2K189CX5M027204 102 2005 Mack Front load 54900 40 yd R7XL05 1M2K189C15M027205 103 2007 Mack Front load 54900 40 yd R9GD49 1M2K189C87M036583 104 2007 Mack Front load 54900 40 yd R9SW91 1M2K189C47M036600 105 2005 Mack Front load 54900 40 yd R9YF70 1M2K189C15M026054 106 2005 Mack Front load 54900 40 yd R9YF71 1M2K189C35M026055 107 2006 Mack Front load 54900 40 yd RB3L79 1M2K189C26M027764 108 2006 Mack Front load 54900 40 yd RB3L80 1M2K189C46M027765 301 1995 Ford Rearload 39000 20 yd 31CGR3 1FDYR82EXSVA77797 302 2007 International Rear load 54900 20 yd R9GD50 1HTWCAANX7J431423 303 2007 International Rearload $4900 20 yd R9GP18 1HTWCAZN87J472587 304 2007 International Rear load 54900 20 yd R9LZ40 1HTWCAZNX7J472588 305 2007 Sterling ltear ioad 54900 20 yd R9LZ41 2FZACGCS17AY15570 306 2007 Sterling Rear load 54900 20 yd R9LZ42 2FZACGZS37AY15571 307 1997 Volvo Rearload 41000 20 yd 90WPP6 4VHJAKFD1VN860025 308 2007 Freightliner Rearload 54900 20 yd RB3L86 1FVACWCS97DY55038 309 1999 International Rearload 30000 20 yd RB3L87 1HTSCAAN8XH699988 428 2003 Mack Roll off 54900 2CZ594 1M2P267C43M065308 429 2006 Mack Roll off 54900 R7XL03 1M2AG11C06M027131 430 2006 Mack Roll off 54900 R7XN71 1M2AG11C96M029637 431 2006 Mack Roll off 54900 R8HK31 1M2AG11C06M029638 432 2004 Mack Roll off 54900 R8RL43 1M2AG11C34M011325 433 2007 Mack Roll off 54900 R00472 1M2AG11C67M064072 434 2005 Mack Roll off 54900 R04734 1M2AG11C45M025543 435 2005 Mack Roll off 54900 R04735 1M2AG11C65M025544 500 1990 International Delivery 30800 30CGR3 1HTSCCFNXLH220274 2006 Galbraith Trailer 12620 W76341 1G9L123286A157643 ACORD~ CERTIFICATE OF LIABILITY INSURANCE ioiio °~ooe' PRODUCER (972) 771-4071 FAX: (972) 771-4695 K t S Insuranee Agency 2255 Ridga Road, Ste. 333 TNIS CERTIFICA7E IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 277 Rockwall TX 75087 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: R@dl 8AC1 =Il$11Z'3I1C@ CO. Sanitation Solutions INSURER B: TQ]C88 Mutual Insurance 22945 P. O. Box 6190 INSURER C: ROCkt1111 Insurance Co. INSURER D SZBE S cialt Ins. Paris TX 75461 INSURERE: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. N0TIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBdECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. BE N RED E B D CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE AIMlDD/YY LIMITS GENERAL LIABILITY y 1,000,000 X COMMERCIAL GENERAL LIABILITY QSITX0001296 SO/ZZ/ZOOB 10/11/2009 DAMAGE TO RENTED vnoel a 100,000 A CLAIMS MADE FE OCCUR MED EXP An one raon $ 5,000 a i,oo ,ooo GENERAL GAT S 2rO , 000 GEN'LAGGREGATE LIMITAPPLIES PER: : 1[1 uded X P LICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT X qNY AUTO (Ea ecddent) a 1,000,000 A ALLOWNEDAUTOS RICTX0001455 10/11/2008 10/11/2009 BODILYINJURY SCHEOULED AUTOS (P~ PafeO^) E X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accidenl) a PROPERTY DAMAGE (Per aCeident) a GARAGE LIABILITY AUTO ONLY -EA ACCIDENT a 1 p ANY AUTO OTHER THAN AUTO ONLY, A $ C EXCESSlUMBRELLA LIABILITY - $ S, OO , OOO X OCCUR F ICLAIMS MADE CUL000526-01 10I11I2008 10I11I2009 AGGREGATE ffi 5,000,000 E DEDUCTIBLE y X E TEN-flON 10 000 $ WORKERS COMPENSATION AND ' X WC STATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCI~ENT $ 1,000,000 OFFICER/MEMBEREXCLUDED9 T3F0001160413 8/15/2008 8/18/2009 E.L. DISEASE - EA EMPLOYEE E 1,000,000 If yes, tleacribe under D SE - P L Y LIMIT E 1,000,000 C orHER Vehicl• Pollution Lisbility pH004693-081 10/11/2008 10/11/2009 $1,000,000 occ. $1,000,000 Aqq. OE3CRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Paria is named additional in9ured on qeneral lisbility policy Nhen raquired by written contract. City of Paris P. O. Box 9037 Paris, TX 75461 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER NIILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE NOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGA710N OR LIABIIITY OF ANY KIND UPON 7HE AUTHORIZED REPRESENTA7IVE T Fierro - Ins./DIANE ACORD 25 (2001108) m ACORD CORPORATION 1988 INS025 pioa).oaa Page 1 ot2 x U0014~~ Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Sanitation Solutions as Principal hereinafter called the Principal, and SureTec Insurance Comuanv a corporation created and existing under the laws of the State of Texas whose principal office is in Houston as Surety, hereinafter called the Surety, are held and firmly bound unto Citv of Paris as Obligee, hereinafter called the Obligee, in the sum of Five Percent 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, fumly by these presents Whereas, the Principal has submitted a bid for Demolition & Dispose of Dilapidated Structure NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract 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 contract documents with good and sufficient surety for the faithfui performance of such contract and for the prompt payment of labor and 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 penalty hereof between the amount specified in said bid and such larger 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 effect Signed and sealed this 2nd day of December, 2008 Sanitation Solutions (Principal By. (SEAL) SureTec Insurance Compan (Surety) ~ By % (SEAL) Tony ierro, Attomey-in-fact J POA 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Knorv All Men by These Presents, That SURETEC INSUR.ANCE 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 Richard W. Daiker, Jerry Kiker, Tony Fierro, Johnny Moss, Jay Jordan of Rockwall, Texas its h-ue and lawfiil Attorney(s)-in-fact, with full power and authority hereby confeired in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instniments 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/100 Dollars ($5,000,000.00) and to bind the Coir.pany thereby 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 Insurance Company: Be it Resolved, ihat 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Altorney-in-Fact may be given full 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 Attorney-in-Fact shall be binding upon the Company as if signed by the 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 attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect [o any bond or undertaking [o which it is attached. (Adopred at a meering held on 20`h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. U~TEC INS CE COMPANY ~W.~~•.,~~«,~,,w yUAA7VC~,~, ~ c, o +u~,' X q By: g a Bill Kin, re nt State of Texas ss: ~ County of Harris ''"'y,......... ~u~ 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 SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrumcnt is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. rr~ Michelte Denny Nd«vpw* • • 91CIA 01 T6Xdt MyCOtrinisSldl ExpheS Michelle Denny, Notary Pub tc J1UgUSf 27, 2008 My commission expires August 27, 2008 1, 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 Attorney, 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 Attorney are in full force and effect. r,M~ ~~~rh~•~of 2 , _^0 U ~l~ ~ (~l A.D. Given under my hand and the seal of said Company at Houston, Texas this^U` _ day o dJ` > > I, 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. ~ 0 O614~U DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES 2008-2009 CITY OF PARIS PARIS, TEXAS MAYOR JESSE JAMES FREELEN (DISTRICT 3) MAYOR PRO-TEM JOE MCCARTHY (DISTRICT 1) CITY COUNCIL KEVIN KEAR (DISTRICT 2) STEVEN BROWN (DISTRICT 4) WILL BIARD (DISTRICT 5) EDWIN PICKLE (DISTRICT 6) RHONDA RODGERS (DISTRICT 7) CITY MANAGER KEVIN CARRUTH CITY ATTORNEY KENT MCILYAR DIRECTOR OF COMMUNITY DEVELOPMENT LISA A. WRIGHT Project Approved By: Kevin Carruth, City Manager Project Recommended By: Lisa A. Wright, Director of Community Development w (JUUl4 / TABLE OF CONTENTS Advertisement for Bids ........1 Instructions to Bidders ........2 Bid Bond ........8 Bid Form ........9 Statement of Bidder's Qualifications ......13 Notice of Award ......15 Agreement ......16 Master Specifications ......20 Notice to Proceed ......25 Change Order ......26 Receipt for Payment and Release of Liens ......27 PUBLISH TWO TIMES NOVEMBER 23, 2008 NOVEMBER 30, 2008 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, Texas, at the office of the City Manager, City Hall, 135 1 st Street S.E., P.O. Box 9037, Paris, Texas 75461-9037, until 2:00 pm on Tuesday, December 2, 2008, at which time all bids will be publicly opened, read aloud, tabulated, and referred to the City Council for the purpose of letting such. Bid specifications can be obtained at the following place: COMMUNITY DEVELOPMENT DEPARTMENT City Hal] 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 a minimum of twelve (12) months from date of contract execution, and is a consideration in the awarding of this bid. A longer contract term may be proposed by the bidder. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. All bids must be submitted on the bid form included in the Contract Documents. Bid Security in the form and amount as stated in Instruction to bidders must be submitted with each bid. All bids shall remain open for 60 days after the Bid opening City of Paris Paris, Texas Janice Ellis, City Clerk 1 x uob14~ INSTRUCTIONS TO BIDDERS Defined Terms Terms used in these Instructions to Bidders which are defined in the Master Specifications of the Agreement have the meanings assigned to them in the Master Specifications. The tenn "Bidder" means the one who submits a Bid directly to OWNER, as distinct from sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Copies of Bidding Documents 2.1 A complete set of the Bidding Documents may be obtained from DIRECTOR OF COMMUNITY DEVELOPMENT. 2.2 A complete set of Bidding Documents must be used in preparing Bids; neither OWNER nor DIRECTOR OF COMMLTNITY DEVELOPMENT assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 OWNER and DIRECTOR OF COMMUNITY DEVELOPMENT, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. Qualifications of Bidders To demonstrate yualifications to perform the Work, each Bidder must submit with its Bid written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. Examination of Contract Documents and Site 4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract documents thoroughly, (b) consider Federal, State and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work, (c) study and carefully correlate Bidder's observations with the Contract Documents, and (d) notify DIRECTOR OF COMMUNITI' DEVELOPMENT of all conflicts, errors, or discrepancies in the Contract Documents. 2 a 0 U0115'U 4.2 DIRECTOR OF COMMUNITY DEVELOPMENT designates for demolition various properties located throughout the city. Those designated properties may be modified at any time du.ring the course of the Contract by either addition or deletion of properties, and the properties may be submitted to the CONTRACTOR in no particular order and in no particular quantity at one time. 4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of demolition as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to DIRECTOR OF COMMUNITY DEVELOPMENT. Interpretations or clarifications considered necessary by DIRECTOR OF COMMUNITY DEVELOPMENT in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by DIRECTOR OF COMMUNITY DEVELOPMENT as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Ora] and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or DIRECTOR OF COMMUNITY DEVELOPMENT. Contract Time 6.1 After award and upon receipt by OWNER of all signed contracts and bond and other documents associated with this project, DIRECTOR OF COMMUNITY DEVELOPMENT will submit a list of structures to CONTRACTOR shown in order of priority. Upon completion of each list, CONTRACTOR must contact DIRECTOR OF COMMUNITY DEVELOPMENT for a new list of structures. Nothing in these bid documents shall require OWNER to expend more than that amount budgeted for this purpose as approved by the City Council of the City of Paris. 6.2 All work associated with this project must be completed within twelve (12) months from the date of contract execution; however, Bidders may propose a longer contract ternl if it will result in a lower bid amount. = UO0l5i Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. Subcontractors Suppliers and Others No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Owner has reasonable objection. Bid Form 9.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from DIRECTOR OF COMMUNITY DEVELOPMENT. 92 All blanks on the Bid Form must be completed in ink, either by typewriter or clearly legible handwriting. 9.3 Bids by corporations must be executed in the corporate name by the president or a 1 vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. 'The corporate address and state of incorporation must be shown below the signature. 9.4 Bids by partnerships must be executed in the partnership name and signed by a, partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 9.5 All names must be typed or printed below the signature. 9.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 9.7 The address and telephone number for communications regarding the Bid must be shown. Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title shown on the front page of this bid packet. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. ~ [iUia15"' Modification and Withdrawal of Bids 11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 11.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantia] mistake in the preparation of its Bid, that Bidder may withdraw its Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders after the opening of Bids. Bids to Remain Subject to Acceptance All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid prior to that date. Award of Contract 14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.2 ln evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 14.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other person and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data, and guarantees of major m UU015;~ items ofmaterials and equipmentproposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 14.4 OWNER may conduct such investigation as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perfonn and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. 14.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project. 14.6 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. Contract Securitv When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. Bidder may, in lieu of a Bond, submit cash or cashier's check in the amount of 5% of its Bid. Si ing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one ) fully signed counterpart to Contractor. Prebid Conference A prebid conference wil] not be held on this Project. Sales and Use Taxes OWNER is exempt from taxes under Chapter 20, Title ] 22A, Revised Civil Statutes of Texas to be incorporated in the Work (exemption No.75-6000635). Said taxes shall not be included in the Contract Price. Street Use Fee for Solid Waste Haulers Holders of permits issued under Sec. 16-34 of the Code of Ordinances of the City of Paris will be exempt from payment of the street use fee associated therewith for the hauling of waste associated with the demolition of the proposed structures. 6 4; 0o0i5"t Billinp, and Pa ient. CONTRACTOR must bill OWNER for al] work completed during the month by no later than the last day of each month. Bills should include a cover page showing the full amount due for the month, completed work orders showing the cost per structure, and landfill trip tickets for debris related to the demolition of each structure. Payment will thereafter be made to CONTRACTOR after verification of the completion of the Work to the satisfaction of the DIRECTOR OF COMMLJNITY DEVELOPMENT. 7 = Li0015; BID BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: THAT , of as Principal, and , as Surety, are held and firmiy bound unto THE CITY OF PARIS, PARIS, TEXAS, as Obligee, in the full and just sum of Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for the demolition and disposal of dilapidated structures. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the Contract the said Principal will, within the time required, enter into a formal Contract and give a good and sufficient Bond to secure the performance of the terms and conditions of the Contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the Bid of the said Principal and the amount for which the Obligee legally contracts with another party to perForm the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered (date) (seal) (seal) SURETY Attorney-in-fact 8 000156 BID PROJECT IDENTIFICATION: Demolition and Disposal of Dilapidated Structures The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contact Documents to perform and furnish all Work as specified or indicated in the Contract Documents and Master Specifications for the Contract Price and within the Contact Time indicated in this Bid and in accordance with other terms and conditions on the Contract Documents. 2. BIDDER accepts all tenns and conditions of the Advertisement or Invitation to Bid and Instructions to Bidder. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Reyuirements within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of which is hereby acknowledged: Number Date (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. (c) BIDDER has given OWNER written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to BIDDER. (d) This Bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 9 a UO015 i 4. BIDDER will complete the Work for the following price: Description of work: Demolition and disposal of dilapidated structures located in various areas around the city of Paris. Bidders should carefully review the Master Specifications included in the Contract Documents to ensure the Bid includes all potential aspects of property removal and disposal at the local Waste Management landfill (City of Paris will be directly responsible to Waste Management for tipping fee). Payment will be based upon landfill trip tickets. Total Price Per Ton (12 month contract) ALTERNATE: Total Price Per Ton Proposed Longer Contract Term $ ?-z4 . 0 0 $ 22 ~ 00 2 vPA.rs NOTE: Any alternative methods of bidding will be considered. Please attach alternative proposals on company letterhead, explaining the bidding methodology in detail. Quantities are not guaranteed. Payment will be based on actual quantities. 5. BIDDER agrees that the Work will be substantially complete within twelve (12) months after the date when the Contract Time commences to run; however, BIDDER may propose a longer term if it will result in a lower bid. 6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. The following documents are attached to and made a condition of this BID: (a) Performance and Payment Bonds are required (or cashier's check for 5% of Bid). (b) Statement of Bidder's Qualifications. 8. CONTRACTOR must submit certificates of insurance and workmen compensation insurance in accordance with State and local law. SUBMITTED ON Oe c e Mb e rZ- , 200 6 If BIDDER is: An Individual 10 - [i(li}15S BY /(Individual's Name) doing business as an S„1,~4~, Business address: ~ I~e3:A i q D Phone Number: _ g03- 7,g.4i_ O/a ~ A Partnership By (Firm Name) (General Partner) Business address: Phone Number: A Corporation By By (Corporate Seal) Attest Business address: (Secretary) Phone Number: A Joint Venture 11 _ (Corporation Name) (State of Incorporation) _ (Authorized Official) (Title) OK 00 015 ~ By_ By. By By _ (Name) (Address) _ (Name) _ (Name) _ (Name) By (Name) (Each joint venturer must sign. The nianner of signing for each individual, partnersliip and corpoi•ation that is a parry to the joint venture should be in the manner indicated above.) 12 ~ Unlbu STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the BIDDER ONLY at the time of its Bid) To allow the OWNER to determine the lowest responsible BIDDER, the following information shall be provided. Attach separate sheets as needed. 1. Name of BIDDER. 2. Type of organization, i.e., corporation, sole proprietor, partnership, etc. 3. Permanent main office address. 4. When organized. 5. If a corporation, where 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 appropriate. 8. State the company tax identification number, or, if a sole proprietor, the proprietor's social security number. 9. Contracts on hand: (Attach as 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. 13 = 6tl(.~lbl 15. Experience in demolition work similar in importance to this project. 16. Background and experience of the principal members of your organization, including the officers and the proposed Project Superintendent. 17. The undersigned hereby authorizes and request any person, firm, or corporation to furnish any inforniation requested by the OWNER in verifications of the recitals comprising the Statement of Bidder's Qualifications. 1Mo S. Llnur6, S-~- Dated at _PCt,VC51 'TfxoX5, this Zw day of PGCCM , 200L _ SGIYI tWrbOV1 Name of Bidder By: ~ Title: ~ y r, STATE OF TE~x ik's cotnvTY oF LA1tiJP,\2 _ t)aY V1 eU131fG`i -W- , being duly sworn, deposes and says that he is M(A hCA q,.e Y- of SrA h',tCX+iovi S0 1u+tDri S , and that the answers to the foregoing questions and all statements therein contained are true and conect. Subscribed and sworn to before me this day of 9ECF_M61EK 200$. Notary Pu lic CAROLYN SLAtR SHII.TON (9W N(?TAFtY PlfNl,~~ My commission expires: o~'Z31~ ! 0 STATE ~)F 7E~41~ Comm. EKps 06/23/~610 14 - (R16L DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES 2008-09 BIDDER S~ ~~A ~1~PN SDI~f l O(~ S BID OPENING DECEMBER 2, 2008 2:00 P.M. BID AMOUNT q . et- H ALTERNATE METHOD c.e 4. 'J d~ 2 4~ I B tw~' l~N O~ VI CL~ r~;0.~,1'tiMlr m l,Qt;lb;,