2010-017 RES AWARDING CONTRACT FOR DEMO AND DISPOSAL OF VARIOUS STRUCTURES AT ONE OAK APT TO SANITATION SOLUTIONSRESOLUTION NO. 2olo-oi7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AWARDING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF
VARIOUS STRUCTURES AT THE ONE OAK APARTMENT COMPLEX
LOCATED AT 655 GRAHAM STREET 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 Ciry of Paris did heretofore, advertise for bids for
furnishing plant, labor, materials, and equipment, and for performing all work required for
the demolition and disposal of structures at the One Oak Apartment Complex located at
655 Graham Street in the City of Paris, which bids were received until 2:00 o'clock p.m.,
Tuesday, January, 19, 2010; and,
WHEREAS, the lowest responsible bid providing the best value to the City was
received from Sanitation Solutions, 1806 South Church St., Paris, Texas 75460, in the
amount of $33,900.00 for Demolition and disposal and $1,500.00 for sections of buildings
containing asbestos; 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".
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 South Church St., Paris,
Texas, 75460, for the demolition and disposal of the various structures at the One Oak
Apartment Complex located at 655 Graham Street in the City of Paris is hereby accepted as
the lowest responsible bid which provides the best value to the City and the contract for
this project is hereby let contingent upon Notice of Award and IVotice to Proceed from the
City and conditioned upon said contractor meeting all of the terms and specifications
included in the bid documents attached hereto as Exhibit A and timely execution of a
written contract with the City of Paris.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, a contract with Sanitation Solutions for the work
referenced herein in a form to be approved by the City Attorney.
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 25th day of January, 2010.
ATTEST:
nice t-Ifis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City At ey
L VF7e v-~ ~ ~t-
sse Jam len, Mayor
~~~IM Tf~N
SOLUTIONS
.tosh Bray 'ION AND DISPOSAL
P.O. Boz 6130 (903) 784-0124 3 STRUCTURES AT THE RECEIVE13
`pARTMENT COMPLEX
Paris, Texas 75461 Cell (903) 517-6268 h~~~ ~tq 2010
CITY OF PARIS, TEXAS CIT~ MANAGER
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 ROGERS (DISTRICT 7)
CITY MANAGER
KEVIN CARRUTH
CITY ATTORNEY
KENT MCILYAR
DIRECTOR OF ENGINEERING PLANNING AND DEVELOPMENT
SHAWN NAPIER, P.E.
Project Approved By:
Kevin Carruth, City Manager
Project Recommended By:
Shawn Napier, P.E., Director of
Engineering, Pianning and Development
1
EXH►BrT.A.
DEMOLITION AND DISPOSAL
OF VARIOUS STRUCTURES AT THE RECEIVE
ONE OAK APARTMENT COMPLEX
!AN 1.
CITY OF PARIS, TEXAS CITv MANAGER.
PA42IS. 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 ROGERS (DISTRICT 7)
CITY MANAGER
KEVIN CARRUTH
CITY ATTORNEY
KENT MCILYAR
DIRECTOR OF ENGINEERING PLANNING AND DEVELOPMENT
SHAWN NAPIER, P.E.
Project Approved By:
Kevin Carruth, City Manager
Project Recommended By:
Shawn Napier, P.E., Director of
Engineering, Planning and Development
TABLE OF CONTENTS
Advertisement for Bids
1
Instructions to Bidders
2
Bid Bond
8
Bid Form .
9
Statement of Bidder's Qualifications
14
Ag reement .
16
Master Specifications
20
Notice of Award
27
Notice to Proceed
28
Change Order
29
Receipt for Payment and Release of Liens
30
2
PUBLISH PARIS NEWS
DATE: December 27, 2009
DATE: January 3, 2010
ADVERTISEMENT FOR BIDS
PROJECT: DEMOLITION AND DISPOSAL OF VARIOUS
STRUCTURES AT THE ONE OAK APARTMENT
COMPLEX, 655 GRAHAM
PROJECT OWNER: CITY OF PARIS, TEXAS
Sealed bids for the demolition and disposal of structures at One Oak Apartment Complex will be
received by the City of Paris, Texas, at the office of the City Manager, City Hall, 135 lst Street
S.E., P.O. Box 9037, Paris, Texas 75461-9037, until 3:00 pm on Tuesday, January 19, 2010, at
which time all bids will be publicly opened, read aloud, tabulated, and referred to the City Council
for the purpose of awarding a contract.
Bid specifications can be obtained at the following place:
ENGINEERING, PLANNING & DELOPMENT DEPARTMENT
City Hall Annex
150 1 st Street S.E.
Paris, Texas 75460
CITY OF PARIS WEBSITE
www.paristexas.gov
The City of Paris 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 and
ability to comply with environmental requirements is a consideration in the awarding of this bid.
Bidders are notified of City exemption from otherwise applicable sales and excise taxes.
All bids must be submitted on the bid form included in the Contract Documents. Bid Security in
the form and amount as stated in Instructions to Bidders must be submitted with each bid.
All bids, prices, and quantities contained therein shall remain open and good for 60 days following
the Bid opening.
City of Paris, Texas
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 CITY, as distinct from
sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the
lowest, qualified, responsible, and responsive Bidder who provided the best value (on the
basis of CITY's evaluation as hereinafter provided) for the City. The term "Bidding
Documents includes the Advertisement or Invitation to Bid, Instructions to Bidders, the
Bid Form, and the proposed Contract Documents (including all Addenda issued prior to
receipt of Bids).
2 Copies of Bidding~Documents
2.1 A complete set of the Bidding Documents may be obtained from Director of Engineering,
Planning and Development.
2.2 A complete set of Bidding Documents must be used in preparing Bids; neither CITY nor
Director of Engineering, Planning and Development assume any responsibility for errors
or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
2.3 CITY and Director of Engineering, Planning and Development, in making copies of
Bidding Documents available on the above terms, do so only for the purpose of obtaining
Bids on the Work and do not confer a license or grant for any other use.
3 Qualifications of Bidders
To demonstrate qualifications to perform the Work, each Bidder must submit with its Bid
written evidence, such as financial data, previous experience, present commitments, and
other such data as may be called for below. Each Bid must contain evidence of Bidder's
qualification to do business in the state where the Project is located or covenant to obtain
such qualification prior to award of the contract.
4 Examination of Contract Documents and Site
4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) inspect the site of the
One Oak Apartments and all buildings located thereon, (b) examine the Contract
documents thoroughly, (c) consider Federal, State, and local laws and regulations that may
affect cost, progress, performance, or fumishing of the Work, (d) study and carefully
correlate Bidder's obsei-vations with the Contract Documents, and (e) notify Director of
Engineering, Planning and Development of all conflicts, errors, or discrepancies in the
Contract Documents.
2
7 Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreement.
8 Subcontractors Suppliers and Others
No Contractor shall be required to employ any Subcontractor, Supplier, other person or
organization against whom CITY has a reasonable objection.
9 Bid Form
9.1 The Bid Form is included with the Bidding Documents; and additional copies may be
obtained from Director of Engineering, Planning and 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 corporate narne 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 the general
partner, whose title must appear under the signature, and the official address of the
partnership must be shown below the signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which
must be filled in on the Bid Form).
9.7 The address and telephone number for communications regarding the Bid must be shown.
10 Submission of Bids
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to
Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title
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
operating costs, maintenance requirements, performance data, and guarantees of major
items of inaterials and equipment proposed for incorporation in the Work when such data is
required to be submitted prior to the Notice of Award.
14.4 CITY may conduct such investigation as CITY 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 Wark in accordance with the Contract Documents to CITY's
satisfaction within the prescribed time.
14.5 If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose
Bid provides the best value to CITY and whose evaluation by CITY indicates to CITY that
the award will be in the best interest of the Project.
14.6 If the contract is to be awarded, CITY will give the Successful Bidder a Notice of Award
within sixty (60) days after the day of the Bid opening.
14.7 The Successful Bidder must submit appropriate Performance and Payment Bonds in the
amount of the total project cost to the City of Paris prior to executing the demolition
contract with the City.
15 Contract Security
When the Successful Bidder delivers the executed Agreement to CITY, 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.
16 Signing of Agreement
When CITY 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 CITY with the required Bonds and insurance certificates. Within ten (10) days
thereafter, CITY shall deliver one (1) fully signed counterpart to Contractor.
17 Prebid Conference
A prebid conference will not be held on this Project.
18 Sales and Use Taxes
CITY is exempt from taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas
to be incorporated in the Work (exemption No.75-6000635). Said taxes shall not be
included in the Contract Price.
6
p
19 Street Use Fee for Solid Waste Haulers
Holders of permits issued under Sec. 16-34 of the Code of Ordinances of the City of Paris
will be exempt from payment of the street use fee associated therewith for the hauling of
waste associated with the demolition of the proposed structures.
20 Billing and Pa t~nent
CONTRACTOR must bill CITY within thirty (30) days of completion of Work. Payment
will thereafter be made to CONTRACTOR after verification of the completion of the Work
to the satisfaction of the Director of Engineering, Planning and Development.
7
BID BOND
BOND NUMBER N!A _
KNOW ALL MEN BY THESE PRESENTS:
THAT Sanitation Solutions of Pa_ ris, TXas Principal, and _
Suretec Insurance Company , as Surety, are held and firmly
bound unto THE CITY OF PARIS, TEXAS, as Obligee, in the full and just sum of Five Percent
of the Greatest Amount Bid (5% GAB) 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 various structures at the One Oak Apartment Complex.
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 Januar 19 2010
(date)
S„/, (seal)
T. (seal)
any
in-fact Tony Fierro
8
f
POn #i: 4221049
SureTec Insurance Company
LIMITED POtiVER 4F ATTORNEY
Knvw All Men by Tkese Presents, That SURE'F`LC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint -
Aaron Endris, Jay Jordan, Johnny Moss, Randall S. McClelland, Richard W. Daiker, Tony Fierro
its true and lawful Attorney-in-fact, with full power and autliority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments oi• contracts of suretyship to include waivers to thc
conditions of contracts and consents of surety, providing the bond penafty does not eYCeed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirnling all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/12 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
8e it Resofved, that the Yresident, any vice-President, any Assistant Vice-Pcesiaent, any Secretary or any Assis2ant Secretary shail be and is
hcreby vestod with fuil power and authority to appoint any one or more suitable persons as Attornay(s)-in-Fact to represent and act fbr and oci
behalf of the Cornpany subjcct To the foliowing ptovisions:
Attornev-in-Fact may be given full Qower and authority for and in the name of and of behaif of the Co[npany, io execuie, ackrtowiedge and
deliver, any and alt bonds, recognizances, contracts, agrecmcnts or indemniry and other conditionat or obligatory undertakings and any and a1l
notices and documents canreling or terminating the Gornpany's iiabitity tlacrcunder, and any such insiiuments so exacuted by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effcczed by thz Corporate 5ecretary.
Be it Resolved, that the signature of any authorized officer aod seal of the Campany heretofore or hereafter affixed to any power of attomey or
any cerfiificate relating theteto by facsimiie, and any paw+er of attorney or ccrtificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with sespect to any bond or undertaking co which it is attached. (Adopted at a meering held on 2e' of Apri(,
/999.)
In Witness Whereof, SURET'EC INSURANCE COMPANY has causzd these presents to be signed by its President, and its corporate scal
ta be hereto affxed this 28th day of Ociober, A.D. 2008.
SURETEC INS CE COMI'An`Y
D
y'Y;
wr~,~.-': B.J.Ki , iesident
Scaia ofTexas ss: L~ ~
County of Harris
On fhis 28h day of October, 2008 before me personally came BJ. King, to me known, wha, being by me duly swam, did depose and say, that hc resides
in Hauston, Texas, that he is President of SURETEC ITISURANCE COMPANY; the company described in and which executed the above instrument;
that hc l:nows the seal of said Company; that the seal affixed to said instrument u such corporate seaI; that it was so affixed by order of the Buard of
virectors of said Curnpany; and that he signed his name thereto 6y like order.
~ Mlchelfe Oenny
. ►~r~
scae ot~ 11~a ~.l~-'
Michel{e Denny, Notary P tic
My commission expires August 27, 2012
I, M. Bren[ $eaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a irue and correct copy
of a Power of Aitorney, exec:uted by said Compaity, which is stilt in full forcc and efFect; and furthennore, the tesolutions of the Boarci of Directurs, set
oui in the Power of Atiomey are in full forec and effect. Given under rny hand aad the seal of said Comran~r =t F~c~uston, Texas this 10, day of 0 A.D.
I 4
M. Brent-Beaty, Assistani Secretary i
Any {nsirument issued in ezcess of the penalty stated atsove 1s tote9ly vc;;d and without any vaiidity.
For verif7catfon of the au#hority of this power you may caH (713) E12-0800 any business day between 8:00 am and 5:40 pm C3T.
IA
BID
PROJECT IDENTIFICATION: Demolition and Disposal of Various Structures at
the One Oak Apartment Complex and Disposal of
Debris
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with CITY 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 in the Contract Documents.
2. BIDDER accepts all telms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidder. This Bid and the prices and quantities contained in the Bid will be
good and remain subject to acceptance for sixty (60) days after the day of Bid opening.
BIDDER will sign and submit the Agreement with the Bonds and other documents
required by the Bidding Requirements within fifteen (15) days after the date of CITY'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 inspected the One Oak Apartments site and all structures located
thereon and has familiarized itself with the nature and extent of the Contract
Documents, Work, and all Federal, Stated, and local laws, regulations, and
procedures that in any manner may affect cost, progress, performance, or
furnishing of the Work.
(c) BIDDER has given CITY written notice of all conflicts, errors, or discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
by CITY is acceptable to BIDDER.
(d) This Bid is genuine and is not made in the interest of or on behalf of any
undisclosed person, 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
9
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submit a false or sham Bid; BIDDER has not solicited or induced any person, firn7,
or corporation to refrain from bidding; and BIDDER has not sought by collusion to
obtain for itself any advantage over any other Bidder or over CITY.
4. BIDDER will complete the Work for the following price:
Description of work: Demolition and disposal of various structures at the One
Oak Apartment Complex. 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.
Total Price far All Buildings demolished $ 3 39oo
/I
Additional instructions: The required method of demolition includes wetting of the
debris in a section(s) of the One Oak Apartment Complex.
The City of Paris will allow the successful Bidder to connect
to fire hydrants at the site to obtain water for this purpose;
however, Bidders should provide the cost of labor and
equipment for connecting to water sources and wetting the
debris during demolition. The City reserves the right to
perform this service.
00
Additional Price for Section(s) of Building(s) Containing Asbestos $
~
NOTE: Alternative methods of bidding are recommended and will allow the CITY to
determine all possible combinations of demolition. Please attach alternative proposals on
company letterhead, explaining the bidding methodology in detail. Alternatives could
include different grouping of structures than as requested above, addition of structures
within the One Oak Apartment complex which are not specifically listed herein, or
alternative demolition methods, so long as such methods are in compliance will all
application local, state, and federal regulations governing the demolition of structures
containing regulated asbestos-containing materials (RACM).
5. BIDDER agrees that the Work will be substantially complete within seventy-five (75) days
after the date when the Contract Time commences to run.
6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work on time.
7. The following documents are attached to and made a condition of this BID:
10
(a) Bid Bond property executed by approved Surety (or cashier's check payable to the
City of Paris, Texas in the amount of five percent (5%) of the total bid)
(b) Statement of Bidder' Qualifications.
(c) Insurance Certificates or the proof of required insurance coverage.
8. CONTRACTOR must submit certificates of insurance and workmen compensation
insurance in accordance with State and local law.
SUBMITTED ON S ah ~ , 2010.
If BIDDER is:
An Individual
By (Individual's Name)
doing business as .sct n i faii,,„ Sotui. ~J
Business address: pO 6ox 6lia *aril T~c 7Sy6
Phone Number: 903 79N d 1 a N
A Partnership
By
(Firm Name)
(General Partner)
Business address:
Phone Number:
A Corporation
By
11
(Corporation Name)
(State of Incorporation)
f
By
(Authorized Official)
(Title)
(Corporate Seal)
Attest
Business address:
Phone Number:
A Joint Venture
(Secretary)
By (Name)
(Address)
BY (Name)
B (Name)
Y
BY (Name)
By (Name)
(Each joint venturer must sign. The manneY of signing for each individual, partnership and
corporation tlzat is a party to the joint venture should be in the manner indicated above.)
12
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted by the BIDDER ONLY at the time of its Bid)
To allow the CITY to determine the lowest responsible BIDDER, the following information
shall be provided. Attach separate sheets as needed.
Name of BIDDER.
2. Type of organization, i.e., corporation, sole proprietor, partnership, etc.
3. Pennanent 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 a schedule of these, showing amount of each contract and the
appropriate dates and current percent of completion). Provide name, address, and
telephone number of the project owner and the engineer.
10. General character of work performed by your company.
1 l. Have you ever failed to complete any work awarded to you? If so, provide information
about where and why.
12. Have you ever defaulted on a contract? If so, provide information about where and why.
13. List your important projects recently completed by your company and for whom, stating
the approximate cost for each and the month and year completed. Provide name, address,
and telephone number of the project owner and engineer.
14. List your major equipment available for this contract, including the make, model, year, and
type of equipment along with its current condition.
15. Experience in demolition work similar in importance and manner to this project.
13
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Bidder Qualification
l.) Sanitation Solutions
2.) Sole Proprietorship
3.) 1806 South Church Paris, Tx. 75460
4.) August 2005
5.) NA
6.) Four Years under present name. The Bray family has been in the
trash business and construction business for over thirty years and
has operated under the names B&B Equipment and B. Bray
Construction.
7.) Josh Bray is sole owner
8.) 20-3423515
9.) a) City of Bonham, Corby Alexander, Demolition of dilapidated
houses, Contract value $60,000, 100% Complete 903-583-7555
b) City of Pittsburg, Jim Blanchard, Demolition of multiple brick
buildings down town, Approx. $15,000, 100% Complete 903-
856-3621
c) City of Lone Star, Kathy Kaminski, Demolition of dilapidated
houses, 100 % Complete, 903-656-3355
d) City of Paris, Lisa Wright, Hauled all debris for B. Bray
Construction, Numerous Contracts, 903-784-9203
10.) Trash Hauling, Demolition, Asbestos
11.) No
12.) No
13.) See Above 99
16. Background and experience of the principal members of your organization, including the
officers and the proposed Project Superintendent.
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish
any information requested by the CITY in verifications of the recitals comprising the
Statement of Bidder's Qualifications.
Dated at tq)0Co S-t. , this day of 2010.
Name of Bidder
By:
Title: ~ w n e r
STATE OF
COUNTY OF
3o"-h bKi~ , being duly sworn, deposes and says that he
is 0 w~~-e v- of 9a,6-tafiovl So1v.fiz 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 2010.
Notary Public
~."r • 4 rAROLYN BLAIR SHELTQN
NOT,a-RY FURI,Ic My commission expires: ~
~ STATE nF TEXIOS ~
c`,~'•m} Com.m. ExFs 06/23/20t0
`'lf
q'~•.,~wc.,.~wb..,..~..:.~... .>.~e~.._ e~ _
14
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14.) a.) 320 Cat Track Hoe b.) 320 Cat Track Hoe c.) 953 Cat Track
Loader d.) 939 Cat Track Loader e.) 8 Mack Roll-off Trucks all
less than three years old
15.) See above # 9 as well as references under Tasco for related
asbestos work
16.) All companies including the following subs will have qualified
people on site. The following companies will be sub-contractors:
a.) Hilliard & Sons Construction
b.) Tasco- Total Abatement & Demolition
c.) Abacus Environmental
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AGREEMENT
STATE OF TEXAS '
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR '
THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule
municipal corporation, hereinafter called "CITY," and with main offices located at
hereinafter called "CONTRACTOR", effective as of
1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform
structural demolition services (the "Work") in accordance with this Agreement, the Master
Specifications for Demolition and Disposal of Dilapidated Structures 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").
1.02 CONTRACTOR shall complete Work assigned under this Agreement within seventy-five
(75) days following City's Notice to Proceed. Additional time to complete the Work will
be allowed by the CITY only in the instance of weather delays which make performance
impractical, as determined exclusively by and approved by the CITY. Weather delays will
be considered by the CITY only if requested immediately by the CONTR.ACTOR.
1.03 CONTRACTOR must submit invoices to CITY within thirty (30) days of completion of
the Work. No additional charges will be permitted unless approved in advance in writing
by CITY as a change order. No extra charges will be permitted for weather delays.
CONTRACTOR will be paid within thirty (30) days of receipt of invoice by CITY for
Work completed in conformance with this Agreement, the Bid Documents, and City Work
Orders. Nothing herein shall require CITY to expend more funds than that amount
approved by the City Council.
1.04 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 shal] not apply as between CITY and
CONTRACTOR, its officers, agents, employees, contractors, subcontractors, and
consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between CITY and CONTRACTOR.
1.05 CONTRACTOR shall be responsible for the safety of operations and shall provide
appropriate safety warnings for the protection of the work area. Provision of safety
includes use of appropriate barricades, traffic control, control of the use of equipment near
traffic or pedestrians, and provision of other controls and warnings as needed.
IS
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1.06 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 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.
1.07 CONTRACTOR agrees to defend, indemnify, save, and hold the CITY, its elected
officials, officers, and employees harmless from any and all demands, debts, liabilities,
suits, claims, and causes of action of every kind on account of injury or damage to any
person or property, arising from or connected with the services and contractual duties
provided by the CONTRACTOR hereunder.
1.08 CONTRACTOR is required to provide, during the term of this Agreement, and to keep and
maintain in full force and effect, a policy or policies of insurance, providing at least
$250,0000.00 per person and $500,000.00 for any single occurrence for bodily injury or
death and $100,000.00 for any single occurrence for injury to or destruction of property,
indemnifying the CONTRACTOR and the CITY, its elected officials, officers, and
employees (as an additional insured) for any and all damages, personal injuries, or property
damages sustained in carrying out the duties of this contract, or any part thereof or as the
result of the negligence of the CONTRACTOR or CONTRACTOR's agents, servants, or
employees, and CONTRACTOR shall pay all premiums due thereon when due.
CONTRACTOR shall also be obligated to maintain worker's compensation insurance in
conformance with and as required by State law.
1.09 It is expressly provided that all insurance policies required hereunder shall and must be
written by a reputable insurance company or companies licensed and authorized to write
insurance policies by the State of Texas, 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.
1.10 CONTRACTOR shall timely perform and complete the Work herein in accordance with
this Agreelnent 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
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CONTRACTOR must correct or remedy the default. CONTRACTOR remains solely
responsible to complete the work as contracted, whether notified of a default by CITY or
not, and failure of CITY to notify of such default shall not excuse CONTRACTOR's
obligations hereunder.
1.11 CITY will not be responsible for CONTRACTOR's faulty work or additional work
required by CONTRACTOR's errors or omissions or mechanical breakdown of
CONTRACTOR's equipment. The buildings are presumed to be vacant, but it shall be
CONTRACTOR's responsibility to inspect the structures for inhabitants before
commencing with demolition. The properties are also subject to illegal dumping and
other misuse, and it is expressly the CONTRACTOR's obligation to use caution while
perfor-ming the work at all times.
1.12 CITY inay terminate this Agreement for cause ar at its convenience at any time during the
period of performance. If termination is for cause, CONTRACTOR shall immediately
cease further services and shall be compensated only for that work completed up to the date
of termination and completed in full conformance with this Agreement including the Bid
Documents attached. If termination is for the CITY's convenience, CONTRACTOR shall
be compensated for that work completed or partially completed up to the date of
termination and performed in full conformance with this Agreement and the Bid
Documents attached; CONTRACTOR shall also be compensated for any additional
charges reasonably incurred by CONTRACTOR in preparation for the performance of any
further services required by this Agreement, said additional charges to be determined by
the CITY. Other than as stated herein, CONTRACTOR shall have no other claim or
recourse against the CITY for termination of the Agreement.
1.13 This Agreement may not be subcontracted, in whole or in part, without the CITY's express
written approval in advance of the services.
1.14 CONTRACTOR shall not discriminate against any employee because of race, color,
religion, sex, national origin, age, or disability.
1.15 The provisions of this Agreement are severable, and if any provision or part of this
Agreement or the application thereof to any person or circumstance shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Agreement shall not be affected thereby.
1.16 This Agreement embodies the entire understanding between the parties and there are no
prior effective representations, warranties, or agreements, written or oral, between the
parties.
1.17 This Agreement shall be subject to all present and future valid laws of the United States,
State of Texas, and Ordinances of the City of Paris, Texas.
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118 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.
1.19 By executing this Agreeinent, the CONTRACTOR hereby certifies that the only person or
persons interested in this Agreement as principals are named herein, and the
CONTRACTOR during the bid process or otherwise has not, either directly or indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action in
restraint of free competitive bidding in connection with the services contracted herein.
Collusion in the bid process will constitute a substantial breach of the contract and justify
termination of the Agreement by the CITY for cause.
Executed in duplicates, each of which is deemed to be an original and effective as of the day and
date first written in this Agreement.
This Agreement will be effective on
(Corporate Seal)
ATTEST:
Address for giving notices:
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CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
(Corporate Seal)
ATTEST:
Janice Ellis, City Clerk
Address for giving notices:
P. O. Box 9037
Paris, TX 75461
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C. File and obtain local and state demolition permits and notices.
2.3 Examination
A. CONTRACTOR shall survey the existing conditions prior to beginning on-site
demolition operations.
B. Verify that existing utilities to be removed have been disconnected and capped.
C. If unanticipated mechanical, electrical, or structural elements that conflict with the
intended function or design of the site are encountered, investigate and measure the
nature and extent of the conflict.
2.4 Utility Services
A. Maintain existing utilities in service and protect against damage during demolition
operations.
B. Schedule any utility outages with the Director of Engineering, Planning and
Development prior to disconnection.
2.5 Protection
A. CONTRACTOR shall be responsible for the safety of personnel and operations.
CONTRACTOR shall provide appropriate safety warnings for the protection of the
work area. Provision of safety includes use of appropriate barricades, traffic
control, control of the use of equipment near traffic or pedestrians, and provision of
other controls and warnings as needed or as specified herein.
B. CONTRACTOR shall continuously maintain adequate protection of all adjacent
construction against damage or loss from the operations performed under this
section. CONTRACTOR shall make good any such damage, injury, or loss,
except such as may be directly due to the actions of the CITY or its agents or due to
causes beyond CONTRACTOR's control and not to his fault or negligence.
C. All demolition that involves the removal or disturbance of asbestos containing
materials shall be performed in accordance with all applicable State and Federal
codes and regulations.
D. Equipment and tools left on the property are the responsibility of CONTRACTOR.
CITY shall not be responsible for theft, damage, or adverse use of the equipment.
2.6 Sequencing/Scheduling
A. CONTRACTOR shall work with the CITY and the Director of Engineering,
Plamling and Development to sequence and schedule work as necessary to obtain
substantial completion in accordance with the project schedule.
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B. Proper coordination for the shut-off of utility services and control measures for dust
and noise must occur prior to commencement of any demolition work.
3 EXECUTION
3.1 Preparation
A. Verify termination of utilities prior to commencing demolition activities on any
structure.
B. Coordinate maintenance of power, water, or other utilities necessary for any
adjacent building operations.
3.2 Demolition
A. Perform demolition in a manner to prevent injury or damage to persons, property,
and adjacent roadways and structures and take care not to weaken or otherwise
damage structural integrity of any work to remain.
B. Sprinkle asbestos affected debris with water to lay dust daily, but not to the extent
of creating flooding.
C. Remove designated structures in their entirety to the slab.
D. Fill any voids or ruts caused by CONTR.ACTOR in the act of performing the Work
with soil and evenly compact to density of adjacent soil.
E. Salvage, protect, and relocate any structures or materials designated for
preservation by Owner.
F. Overall safety and adverse impact to the neighborhood shall be considered a
priority. CONTRACTOR shall provide demolition within hours which are
reasonable to the conditions of the neighborhood.
G. CONTRACTOR shall not leave the work site when portions of a structure or other
items are in a dangerous condition. Such conditions may require posting a guard
or continuing the demolition until the condition is relieved.
H. Mature and protected trees found on a property shall be protected.
CONTRACTOR shall work around the tree carefully to prevent damage to the tree
and its root system. Sapling trees and sprouts may be removed only if they are
found in a path needed for access to the structures.
3.3 Adjustment and Cleaning
A. Remove debris on a daily basis.
B. Do not store or burn materials on site.
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3.4 Schedules
A. Demolition shall be carried out in such a manner as to protect any adjacent facilities,
operations, and personnel as much as possible.
4. ASBESTOS
4.1 Survey
A. Asbestos inspection records indicate an asbestos content within floor, wall, ceiling and
roof components in a(n) section(s) of the One Oak Apartment Complex. In their cunent
condition, that section(s) materials are classified by the EPA NESHAP 40 CFR 61.141
as regulated asbestos-containing materials (RACM).
B. CONTRACTOR shall obtain from CITY copy of the inspection records and maintain
such at the job site throughout project duration.
4.2 Permitting/Profiling
A. Notices under the National Emissions Standards for Hazardous Air Pollutants
(NESHAP) and Texas Department of State Health Services (TDSHS) regulations
shall be filed by CONTRACTOR in a timely manner as required for the demolition
to start as directed by CITY. CONTRACTOR shall not be responsible for
notification fees in their bid. CONTRACTOR shall be responsible for obtaining
and filing all additional permits and notices where required by local ordinances.
B. CONTRACTOR shall profile waste materials according to landfill requirements.
4.3 Regulatory Compliance
A. CONTRACTOR shall give all notices and comply with all applicable laws, ordinances,
rules, regulations and lawful orders of any public authority bearing on the safety of
persons or property or their protection from damage, asbestos exposure, injury or loss.
These rules and regulations include, but are not limited to:
• EPA's National Emissions Standards for Hazardous Air Pollutants
(NESHAPS) 40 CFR Part 61, Sub-parts A and M
• Texas Department of State Health Services concerning Texas Asbestos Health
Protection Act
• OSHA's final Asbestos Rules, for the construction industry, found at 29 CFR
Section 1926.1101, and following; and where applicable, for general industry,
found at 29 CFR 1910.1001 and following.
B. CONTRACTOR shall erect and maintain, as required by existing conditions and
progress of the work, all reasonable safeguards for safety and protection, including
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posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent utilities.
4.4 Site Operations
A. All work requiring the disturbance of asbestos contaminated materials shall be
perfonned within the established boundaries of a regulated area. These
boundaries shall be marked using red and black danger tape and shall be strictly
controlled with access limited to properly trained personnel only. Haul truck
drivers shall be exempt to the training requirements but must remain inside air
conditioned cabs at all times while within the regulated area boundaries.
B. All activities involving the disturbance of asbestos contaminated materials shall be
performed using wet removal methods. Wetting shall be performed continually
during demolition work. Excessive water or pooling of water must be contained
and water filtered to (5) five micros or collected for disposal as contaminated.
C. The final visual inspection shall be performed at the contractor's request prior to
job completion. The final visual inspection shall be performed by the Director of
Community Development.
4.5 Disposal
A. All asbestos-containing material and suspected asbestos-containing material,
including all polyethylene packaging, will be packaged according to landfill
requirements and properly labeled. Disposal shall be at a Type I Municipal Solid
Waste Disposal site as permitted by the Texas Commission on Environment
Quality (TCEQ/Texas Department of State Health Services). All material shall be
disposed of on waste shipment records as specified in the NESHAP regulations or
on an EPA Form 8700-22 Hazardous Waste Manifest. The CITY's address shall be
shown as follows:
City of Paris
Attn: Engineering, Planning and Development Department
P. O. Box 9037
Paris, TX 75460
and will be signed by an authorized representative of CITY. All Department of
Transportation (D.O.T.) regulations shall be complied with in regard to the
transporting of the asbestos-containing materials.
~ B. Concrete slabs are to remain in place. Where asbestos adhesives are present on slabs
the asbestos adhesives must be removed prior to job completion.
C. All asbestos-containing waste materials shall be removed from the site at or before the
time of final acceptance and properly disposed of within ten (10) days of project
completion.
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D. All construction debris removal from the site shall be considered asbestos
containinated. No separation of waste materials shall be allowed without written
authorization.
E. All waste disposal vehicles and/or containers used to transport or store waste materials
shall be properly labeled in accordance with the requirements of 40 CFR 61.152. All
such vehicles and/or containers shall be poly lined to the extent needed to maintain a
leak tight status uiltil waste is delivered to authorized landfill.
4.6 Air Monitonng
A. Air monitoring for asbestos exposure levels shall be performed daily throughout all
phases of demolition work which disturbs asbestos contaminated materials.
CONTRACTOR shall insure that personnel responsible for collecting and
analyzing samples are properly licensed by the Texas Department of State Health
Services. Personnel having full NIOSH 582 training and/or Texas licensing shall
be on site to perform the required air monitoring. All samples shall be analyzed by
a Texas licensed asbestos laboratory. CONTRACTOR shall be responsible for
ensuring that all costs related to air monitoring are included in his bid.
B. Ambient air samples shall be collected on a daily basis during all work involving
the disturbance of asbestos-containing materials. Ambient samples shall be
collected at the following locations:
• Upwind
• Two Downwind Locations
• Track Hoe Cab Exterior
C. CONTRACTOR shall also collect personal samples on his workers in accordance
with OSHA regulations during all demolition operations.
D. CONTRACTOR shall supply CITY with copies of personal and ambient sample
analysis results within 24 hours of the date of analysis. CONTR.ACTOR shall post
the sample results for the workers to review on his notice board.
E. Daily logs shall record all sample locations and personnel affected by monitoring
results.
4.7 Licensing/Submittals
A. CONTRACTOR is considered exempt from the state asbestos licensing
requirements of the Texas Asbestos Health Protection Act. All supervisors and
workers involved with the project shall be EPA accredited and shall have current
medical evaluations and respirator fit tests in accordance with the OSHA
requirements of CFR 1926.1101.
B. Pre-job Submittals - The following information shall be provided to CITY prior to
the start of work:
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• 40 Hour Supervisor/Contractor Asbestos Training
• 32 Hour Worker Asbestos Training
• Air monitoring training/licensing
• Asbestos licensing for laboratory
• Respirator fit testing records for each supervisor and worker
• Medical evaluation records for each supervisor and worker
• General safety program manual
C. The following items shall be delivered to the owner within (10) ten days of the
project completion:
1. Hazardous Waste Manifests
2. Project Job Log
3. Copies of all final laboratory analysis reports: Ambient and Personal
sample results.
4.8 Worker Protection
A. CONTRACTOR's workers shall, at a minimum, be required to wear disposable
clothing and MSHA/NIOSH approved Half-Face Air Purifying Respirators.
CONTRACTOR bears all responsibility for providing the maximum amount of
respiratory protection and other personal protective equipment that he deems
necessary to adequately protect his workers and the environment.
4.9 Project Management
A. The Director of Community Development, or designee, shall have the authority to
dismiss any of CONTRACTOR's personnel, including supervisors, from the job
site for unsafe practices, substandard work, attitudes non-conducive to good
working relationships, improper conduct, theft, vandalism. Personnel dismissed
shall be banned from the premises for the duration of the contract.
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t
NOTICE OF AWARD
TO:
ADDRESS:
L]
PROJECT DESCRIPTION: Demolition and disposal of various structures at the One Oak
Apartment Complex.
The CITY has considered the BID submitted by you for the above described WORK in response to
its Advertisement for Bids dated 2010, and Information for Bidders.
You are hereby notified that your BID has been accepted as follows:
11
You are required by the Information for Bidders to execute the Agreement and furnish the required
CONTRACTOR'S Performance BOND, Payinent 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 day of 2010.
By:
City of Paris, Paris, Texas (CITY)
Kevin Carruth, City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
, this day of 52010.
By:
Title:
26
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NOTICE TO PROCEED
To:
Date:
Piolect Deinolition and Disposal of Various Structures at the One Oak Apartment Complex
You are hereby notified to commence WORK in accordance with the Agreement dated 2010, on
or before 2010, and you are to complete the WORK within seventy-five (75) consecutive days
thereafter. The date of completion of all WORK is therefore 2010.
CITY
By:
Kevin Carruth, City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
, this the day of
CONTRACTOR
By:
Title:
27
2010.
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CHANGE ORDER
Order No.
D ate:
Agreement Date:
NAME OF PROJECT: Demolition and Disposal of Various Structures at the One Oak Apartment
Complex
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCLTMENTS:
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
%.ail~iiuui
days
The date for completion of all work will be
Requested by:
Recommended by:
Accepted by:
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(Date).
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RECEIPT FOR PAYMENT AND RELEASE OF LIENS
DATE:
Received this date from , as full and final payment, the cost of the
Work provided for in the foregoing Agreement between the City of Paris, , Texas (CITY), and
(CONTRACTOR), dated , 2010,
for dollars, being the
remainder of the full ainount 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 various structures at the One Oak Apartment
Coinplex, and all incidentals thereto, and the undersigned hereby releases CITY from all claims
whatsoever growing out of said Agreement.
And these presents are to certify that all persons doing work upon or furnishing materials for said
improvements under the foregoing contract have been paid in full.
In witness whereof the undersigned has hereto set his hand and seal this day of
.2010.
CONTRACTOR:
BY:
(CORPORATE SEAL)
Subscribed and sworn to before me this day of )2010.
Notary Public
My commission expires
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