Loading...
10-Deliberate and act on a Resolution awarding the bid and authorizing the contract for the demolition and disposal of dilapidated structures in the City of ParisCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 06/21/2010 Engineering, Planning Shawn Napier, P.E. City Engineer Council Date: & Development /Director of Public Works 10. 06/28/2010 RECOMMENDED MOTION: Move to approve a resolution authorizing an agreement for the demolition and disposal of dilapidated structures to Sanitation Solutions in the amount of $22.00 per ton and authorizing the City Manager to negotiate and execute all necessary documents. PoLICY ISSUE(s): Contract; Nuisance Abatement BACKGROUND: This annual agreement is for the demolition and disposal of dilapidated structures. Bids were published May 16`h and 23rd and opened on June 1. Sanitation Solutions was the only respondent and bid $22.00/ton, which is $2.00 less than the last contract. Sanitation Solutions has been awarded the contract for the last four years. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: Bid Tabulation ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report Z Resolution Budgeted Amt. $155,000.00 ❑ Presentation ❑ Ordinance yTD Actual $28 017 70 , . ❑ Public Hearing ❑ Other Acct. Name House Demolition, Sanitation Fees Acct. Number O 1-0328-40-00, O 1-0330-40-00 FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 63 Alice Pinalto From: Shawn Napier Sent: Tuesday, June 22, 2010 8:29 AM To; Alice Pinalto; Kevin Carruth; Kent Mcllyar; Janice Ellis; Denene Taylor Cc: Robert Talley Subject: Bid Tab - Demolition 2010.x1sx Attachments: Bid Tab - Demolition 2010.x1sx Attachment for item #10 6 Demolition and Disposal of Dilapidated Structures Bid Opening June 1, 2010 Contractors Bid 1 ISanitation Solutions $22.00/ Ton 65 Demolition and Disposal of Dilapidated Structures Bid OpeningJune 1, 2010 Contractors Bid 1 ISanitation Solutions $22.00/ Ton 6 P9 DRAFT attorney\reswork\current\Demolition Hazardous Structures - Award Bid & Auth Contract Res 2010 RESOLUTION N0. 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 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 1St day of June, 2010; 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 Ciry of Paris. Section 3. That the City Manager of the Ciry 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. 67 Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 28th day of June, 2010. jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 6-S aEMaLITIoN ,aND DisPOSaL OF DILAPiDATED STRUCTURES 2010 ~ ~~~~Ery CITY OF PARIS PAFtIS, TEXAS . AG~ 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 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 EXHIBlT L ~ ~ r% n TABLE OF CONTENTS Advertisement for Bids ........1 Instructions to Bidders ........2 Bid Bond ........8 Bid Form . ........9 Staternent of Bidder=s Qualifications . ......13 Notice of Award . ......15 Agreement . ......16 Master Specifications . ......21 Notice to Proceed . ......26 Change Order . ......27 Receipt for Payment and Release of Liens . ......28 f ■ 0 PUBLISH PARIS NEWS DATE: MAY 16, 2010 DATE: MAY 23, 2010 ADVERTISEMENT FOR BIDS PROJECT: DEMOLITIQN ANI? DISPOSAL OF DILAPIDATED STRUCTURES ORrNER: CITY OF PARIS, PARIS, TEXAS Sealed bids for the demolition and disposal of dilapidated structures will be received by the City of Paris, Paris, Texas, at the office of the City Manager, City Hall, 135 1 st Street S.E., P.O. Box 9037, Paris, Texas 75461-9037, until 2:00 pm on Tuesday, June l, 2010, 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: ENGINEERING, PLANNING & DEVELOPMENT DEPARTMENT City Hall Annex 150 1 st Street SE Paris, Texas 75460 The City of Paris, as owner, i•eserves 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. Bidders are notified of City exemption froin 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 All ~ 71 {NSTRUCTIONS 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 "Successfu] 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 tenn "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Fonn, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Copies of Bidding Documents 2.1 A coinplete set of the Bidding Docuinents may be obtained from DIRECTOR OF ENGINEERING, PLANNING AND DEVELOPMENT. 2.2 A coinplete set of Bidding Documents must be used in preparing Bids; neither OWNER 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 OWNER and DIRECTOR OF ENGINEERING, PLANNING AND DEVELOPMENT, in inaking copies of Bidding Documents available on the above terins, 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 perfonn 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 ENGINEERING, PLANNING AND DEVELOPMENT of all conflicts, errors, or discrepancies in the Contract Documents. f n 7 .2 42 DIRECTOR OF ENGINEERING, PLANNING AND DEVELOPMENT designates foi- deinolition 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, inethods, techni9ues, 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. Interaretations and Addenda 5.1 All guestions about the meaning or intent of the Contract Documents are to be directed to DIRECTOR OF ENGINEERING, PLANNING AND DEVELOPMENT. Interpretations or clarifications considered necessary by DIRECTOR OF ENGINEERtNG, PLANNING AND DEVELOPMENT in response to such questions wil] be issued by Addenda mailed or delivered to all parties recorded by DIRECTOR OF ENGINEERING, PLANNING AND 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 ENGINEERING, PLANNING AND DEVELOPMENT. Contracti 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 ENGINEERING, PLANNING AND DEVELOPMENT will submit a list of structures to CONTRACTOR shown in order of priority. Upon completion of each list, CONTRACTOR must contact DIRECTOR OF ENGINEERING, PLANNING AND 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 3 ~ 70 Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. Subcontractors SupUliers, 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 Foi7n is included with the Bidding Documents; 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 name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sigm) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation inust be shown below the signature. 9.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title inust 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 acknowledgnent 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 Advertisernent 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 inail 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 ~ Gj i Moditication and Withdrawal of Bids I l.l Bids may be modified or «~ithdrawn 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 tiil~e prior to the opening of Bids. l 1.2 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. Openin~ 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 Subiect to Acceptance All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid prior to that date. Award of Contracti 14.1 Owner reserves the right to reject any and all Bids, to waive any and all infonnalities 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 suin. l 4.2 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 inay be reguested in the Bid Fonn or prior to the Notice of Award. l 4.3 OWNER may consider the gualifications 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, perfonnance data, and guarantees of major iN ~ r.E 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 tlle 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 OVJNER'S satisfaction within the presci7bed 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 Security When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds 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 Agreeinent 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 0) days thereafter, OWNER shall deliver one (1) fully sigmed 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 ~ Billinf,T and Pa iy nent CONTRACTOR must bill OWNER for al] work completed during the month by no later than the last day of each inonth. 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. Payments wi11 only be inade for complete structure reinoval. 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 9 11~ ~ , 13ID BONI) 60Ni] NUMBER N/A r KNOW ALL MEN BY THESE PRESENTS: THAT Sanitation Solutions of Paris, TX , a~ PrlnCipai, and Suretec Insurance Com a , as Surety, are held and firmiy bound unta THE C1TY OF PAR1S, PARIS, TEXAS, as Obligee> in the fuH and )ust sum of Five Percent of the Greatest Amount BidDollars, Iawful money of the Unitied States, for the 0 payment af whioh sum, wel( and truly to be made, we bind ourselvcs, aur heirs, executom, administrators, successot's and assigns, jalntly and sevet`a1ly, flrmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal forthe demaiitlon and disposal of dilapidated structures. THE CONDITION OF TM1S 0131.IGATIUN is such that if the aforesaid Principai shali be awarded the Contract the sald Principal will, withln #he time required, enter inta a formal Cantract and give a good and sufflclent Bond to secure the performanoe of the terms and canditions of the Contracfi, then this'obllgation ta be void; otherwfse the ' PrinCipel and Surety wiil pay unto the Qbiiges the difference in money between the amount of the Bid of the said Principal artd the amount for which the Obflgee (egally contracts with another parky ta perForm the work if the latter amount be in excess of the former, but in no event shal) liability hereunder exceed the pena1 sum hereof. Signed, sealed and delivered ~une 2o~p_ Sanitation SAMoe}s (SEaI) ~ ~~'~_(seal} 7S POA 4221049 SureTec Insurance Company LIMITED POWER OF ATT4RNEY Know Alf .'►1en b1, These Presents, That SURETEC I1v'SUR4h'CE COh4PANY (the "Compai3y"), a corpflration duty organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams Counry, Texas, does by tlzese przsents makc, consiitute and appoini Aaron Endris, Jay Jordan, Johnny Moss, Randall S. McClelland, Richard W. Daiker, Tony Fieno its true and lawful Attoiney-in-fact, wi[h full power and authonty hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of sureryship to include waivers to the conditions of contracts and consents of surery, providing the bond penalry does not exceed 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 ihe 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 appoinunent shall continue in farce until 12/31/12 aiid is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Bc ir Kcsofred, that the Yresident, any Vice-Yresident, any Assistant Vice-President, any Secrztary or any Assistant Secretary shall bz and is hcreby vested with full power and aothocity to appoint any one or more suitabfe persons as Attomey(s)-in-Fact io represent and act for and oa belzalf of the Canlpany subject to the following proyisions: Artornev-rn-Fact may be given fvll pawer and au[hority for and in the name af and of behalf af die Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or ohligatary undertakings and any and all notices and ciocumcnts canceling or terrnioating the Company's liability thercunder, and any such instruments sv esecuted by any such Attnmey-in-Fact shall be binding upon the Company as if signed by the President and seated and eflected by the Corporate Secrctary. Be it Resolved, that the signature of any authoriaed officer and seai of the Company heretofore or hereafter af#ixed to any power esf attorney or any certificate relating thereto by facsimile, and any pow•er of stiomey or certificate Uearing facsimile signature or facsimile seal shal] be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopred ar a meetfng hc:fd on ?e of ApriL 1J99.) In f1'ituess dY3eerenf SLFRETEC TNSURANCE COMPANY has caused these presents ta be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. : StIRETEC INS CE COMPAn'Y 4- By: B.J. Kii ; resideat L •.:y L". . State of Texas ss: C:ounty of Ftarris 1 ~vn. On lhis 28a day of Uciober, 2008 before me persana3ly came B.J. King, ro me icnown, who, being by me duly sworn, did depose and say, that hc resides in Houston, Texas, that he is President of SURETEG INSCJRAiNCE COMPANI', the company descrihed in and which executed the above instrument; that 6e l;nows chc seal of said Company; that ttie seal affixed fo tiaid instrument is such carporatc sc:al; that it was so affixed by order of the Board of llirectors af said C'ompany; and thaT he simed his name thereto by like order. Mlchelle Denny ~.ry wouo t?~.I-C- YtY`~~ ~ ~~~s ~fU (,I~ Michelle Denny, Notary P Lc My commission expires August 27, 2012 I, M. Brent Bcaiy, Assistant Secrelary of Si1RETEC INSURANCE C0jMPANY, do hereby certify that the above and faregoing is a true and carrect copy of a Yoacr of Attorney, execuicd by said Company, which is still in f'ull force and ci'fcct; and !'urthermore, the reso3utions of the 6uard of Directors, sel out in the Power of Attorney are in full forec and effiec[. c" Given under rnv hand and tl~e seal of said Company at'~ousicn,'Ietias this J' day a.f 20~A.D. M. Brent~Beaty, AssistanfSecretary Any instrument issued in excess of the penalty sUated above ls totally vold and without any validity. For verification of the authority of this power you may call (713) 812-0600 any business day between 8:00 am and 5:00 pm CST. 79 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 fornl included in the Contact Documents to perfonn and furnish ail 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 ternls 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 Ageement 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 subinitting 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 farniliarized 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, perforniance, 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 confonnity 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, finn, or corporation to refi ain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 9 80 ~ ~ 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 Pai-is. 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. ~ 00 Total Price Per Ton to (12 month contract) TV e n pc' 4i,s Quaiztities are not guaranteed. PaYmient will be based on actuat quantities. 5. BIDDER a~,n•ees that the Work will be substantially coinplete within twelve (12) months after the date when the Contract Time commences to run; however, BIDDER may propose a longer tenn if it will result in a lower bid. 6. BIDDER accepts the provisions of the Agneement 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) Stateinent of Bidder=s Qualifications. 8. CONTRACTOR must submit certificates of insurance and worklnen compensation insurance in accordance with State and local ]aw. SUBMITTED ON hi • 2010. 10 If BIDDER is: A72 hndividual By (Individual's Naine) doing business as -~Sar\ Jr-iieri Ju~or►j Business address: lk;L. -~ca «A Tx P Phone Number: 7(}3 q A Pat-tnerslzip By Business address: Phone Number: A Cof poration By By (Corporate Seal) Attest Business address: Phone Number: (General Partner) 11 (Firm Name) (Title) (Secretary) (Corporation Name) (State of Incorporation) (Authorized Official) A Joint Vei2tirre By (Name) (Address) By (Name) By (Name) gy (Name) By (Narne) (Eaclz joint venturer nzust sign. TI7e nzanner of sigiiing for eacli individual, pai°tizei°ship and corpor-atio» tliat is a partv to t11e joint venture sllould be in tlie nianner ifzdicated above.) 12 ~ 811 STATENiENT 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. 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 finn 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 taY 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 perfonned by your company. ] l. Have you ever failed to complete any work awarded to you? If so, provide infonnation 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 owmer 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 dernolition work similar in importance to this project. 13 p~ Pf ~i 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, fir-m, ar coiporation to furnish any infonnation reguested by the OWNER in verifications of the recitals comprising the Statement of Bidder=s Qu4lifications. t~c~- S` t~. t~ Dated at (~a~c? +,7~`- 7S`~tc , this a~ ~ day of 12010. ~sh 13r`•-y ~b~ S-G~,~ 7b ._J1S,14~7o,:r Name of Bidde By; Title: 0 tti.,el- STATE OF ~e Y\ c, i COUNTY OF L a 1,1 a r' brCA° , 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 cori-ect. . Subscribed and sworn to before me this 2~ TH day of M~ y , 2010. CAitOLYt V BLA1R SHH~..TON NO'!'ARY PURI.IC lo STATE OF TEXAS y Comm. Exps 06/23/2010 m . .~......~_...__ti Cc~~~~v~-- ~ c~;:`~`►~.~~ Notary Public My commission expires: 23 • 10 14 r ~ F DATE (MM1DDlYYYY) CERTIFICATE OF LiABILITY INSURANCE 10/8/2009 ~ 1P:IQDUCER (972) 771-4071 FAX: (972) 771-4695 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION i ;K & S Insurance Agency ~ '5 Ridge Road, Ste. 333 ` O. Box 277 ; i=.ockwall TX 75087 1`:SURED 'aanitation Solutions 'P.O. Box 6190 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: QBE Specialty Insurance Co. INSURER e: Redland Insurance Co. INSURER C: ROCkI711.I. Insurance Co. INSURER o: Praetorian Specialty Ins. Co. ~Paris t TX 75461 IINSURERE' COVERAGES ~THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , , THE INSURANCE AFFORDED BY THE POLICfES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ' MAY PERTAIN , I POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i ItJSR F.DD' POLICY EFFECTIVE POLICY EXPIRATION ` LIMIT S L_TR N R F IN NC POLICY NUMBER DA E MMIDD/YYYY (YY DATE MMIDD/Y GENERALLIABILITY EACHOCCURRENCE $ 1,000,000 j ~ DAMAGETO RENTED lOO OOO X COMMERCIAL GENERAL LIABILITI' PREMISES Ea occurrence $ ~ A CLAIMSMADE [i] OCCUR SITX0002143 10/11/2009 10/11/2010 MEDEXP(Anyaneperson) $ $ 000 PERSONAL & ADV INJURY $ 1,000,000 ~ GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: ' PRODUCTS - COMPlOP AGG $ Included GEN L L 7X POLICY PRC'~ LOC _ AUT OMOBILE LIABILITY SINGLE LIMIT O D ( B $ 1 000 000 X UTO ` cide E a a , , - ANY A I U ALL OWNED AUTOS ICTX0002029 10/1I/2009 10/11/2010 BODILY INJURY $ I ' HEDULED AUTOS (Per person) SC ~ X HIRED AUTOS BODILY INJURY $ X ED AUTOS (Per accident) NON-OWN PROPERTY DAMAGE $ I (Per accident) BILITY AUTO ONLY - EA ACCIDENT $ GA RAGE LIA ER THAN EA ACC $ R ANY AUTO OTH AUTO ONLY: AGG $ BRELLA LIABILITY EACH OCCURRENCE $ 5,000, OOO EXCESS / UM X CUR 0 CLAIMS MADE AGGREGATE $ 5,000,000 OC S C TIBLE 000728-02 UI 10/11/2009 10/11/2010 $ DEDUC . X RETENTION $ 10,00 $ WC STATU- OTH- D WORKERS COMPENSATION X - AND EMPLOYERS' LIABILITY Y/ N PRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 000,000 ANY PRO OFFICERIMEMBER EXCLUDED? ❑N NH H0000024 8/18/2009 8/18/2010 E.L.DISEASE - EAEMPLOYE $ 1,000,000 ) (Mandatory in If yes, describe under Q E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below C OTHERVOh1.C10 Pollution TPLE000229-01 10/11/2009 10/11/2010 $1,000,000 Occ. I,iability $1,000,000 Agg DESCRIPTION OP OPERATIONS I LOGAl10rvs l vtnlcLta /ext.waivna Huuc~ oI ~I City o£ Paris is named additional insured on general liability policy when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION C1ty Of Paris DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN P. O. BOX 9037 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Paris, TX 75461 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE T Fierro - Ins./DIANE ACORD 25 (2009/01) O 1988-2009 ACORD CORPORATION. All rights reserved. INS025 (zoosoi) The ACORD name and logo are registered marks of ACORD QP. NOTICE OF AWARD TO. ADDRESS: P v r 4 1, i s, 'j-X PROJECT DESCRIPTION: Demolition and disposal of dilapidated structures located in random focations 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 and 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 , 2010 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 , 2010. By: Title: 15 ~ Gt i STATE OF TEXAS ' KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR AGREEIVIENT THIS AGREEMENT is entered into this day of , 2010, by and between the City of Paris, Paris, Texas, hereinafter called OWNER, and , with main offices located at Texas; hereinafter called CONTRACTOR. 1.01 OWNER employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services in accordance with the bid form; in accordance with the Master Specifications attached hereto; and in accordance with this Agreement. 1.02 CONTRACTOR shall complete 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 1.06 hereof. 1.04 Additional time to perform monthly work orders will be allowed by the OW NER 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 rnonthly 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 completed on time. Accordingly, instead of requiring any such proof, OWNER and 16 ~ 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. 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, 17 . 89 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 rnechanical 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 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 18 ~ 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 between the parties and there are no prior effective representations, warranties, or agreements, written or oral, between the parties. 1.24 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 , ~ 1 ~ 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 12010. CONTRACTOR CITY OF PARIS, PARIS, TEXAS (Corporate Seal) ATTEST: (Corporate Seal) ATTEST: Address for giving notices: Address for giving notices: P. O. Box 9037 Paris, TX 75461 20 ~ ~h MASTER SPECtFICATIONS DEMOLiTfON 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 finn who is awarded the demolition and contract for the OWNER. C. Cleaning and removal of trash and debris shall mean the use of any mechanica] or hand method by which filth, rubbish, refuse, or other matter that inight 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 Engineering, Planning and Development means the Director of Engineering, Planning and Development for the City of Paris. E. Hand work/cutting shall mean the mowing of high weeds by ineans 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 perfonn 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 seivices provided to the structw•e 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 1 evel. 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 ~ ~ 93 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 deinolition, Work Orders should be returned to OWNER immediately upon completion of demolition. Work Orders will not be considered CONTRACTOR's bills they are used solely for the purpose of advising CONTRACTOR of the nature of work necessary at each location and for assisting OWNER in filing liens. 1.02 DEMOLITION A. Demolition shall include the removal of o those exact items specifically set out in the Work Order. B. Overal] 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 iteins 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 sha]] 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 RUBBISli 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 reinoval processes that are contrary to good practices or State law, and shall not utilize removal of waste to an unapproved site ]ocation. Proof of proper disposal of all waste materials, includinp, demolition debris, must be submitted upon completion bv providinp, the OWNER with approved landfill tickets at the time of monthlv billin2. 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 wil] 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 a City and TCEQ approved landfill. Bidders should specify intent and include the cost of such disposa] 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. 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 23 ~ 9 ) ~ ers will, at times, require that ]ots be leveled, abandoned wells filled, holes filled, brought to normal gi-ade. Blade work may be necessary to improve drainage, mps, fill holes, or other needs. This type of work may require the use of heavy , standard box blades, angled blades, or tiller type attachments. Fill dirt _ay provided by OWNER if necessary. Blade work shall be carefully performed to a level approved by OWNER. This includes ]eveling of the area designated and removing ruts, holes, ]ow 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 ~,~-avel type material. No exceptions. CONTRACTOR must advise OWNER prior to filling a well if additional expenses will be incurred. 1.05 FENCES A. Remova] 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 a City and TCEQ appi-oved landfill of all materials generated from performance of the Agreement. Final payment will not be released to CONTRACTOR until proof of proper disposal of all items has been furnished to OWNER and OWNER has confirmed thai all iteins listed on the Work Order have been satisfactorily completed. 1.07 UTILITIES Unless otherwise specified, utility disconnects shall be the responsibility of OWNER. 24 ~ WORK ORDER (NST RUCTIONS FOR TH15 PKUNtK 1 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/sapiing 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 li enforcement action. It will not be considered Contractors should include a copy of this work order in its month/y billing. 25 97 ens as part of an bill. Contractor ~ NOTICE TO PROCEED To: Project: Date: 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 consecutive calendar days thereafter. The date of completion of all WORK is therefore .2010. OWNER By: Titie: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of , 2010. By: Title: 26 CONTRACTOR 98 ~A' CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: OWNER: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: $ Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ The new CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by Calendar days The date for completion of all work will be (Date). Requested by: Recommended by: Accepted by: 27 99 /1 RECEIPT FOR FAYMENT 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 , 2010, for doilars, 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 12010. CONTRACTOR: BY: (CORPORATE SEAL) Subscribed and sworn to before me this day of , 2010. Notary Public My commission expires 2s ~ ~0~ Executive Summ.ary Sanitation Solutions is a sole proprietorship ow nd andfillh dustry hn Nort east1TexasS many years of experience in the waste hauling From 1972, until it was sold to Waste Managemanamed B&Bt Equ pment Co pany operated a waste hauling operation in Pans, Texa rom Then, in March of 1998, the family banaeos ed a landfill from 19 3 until 1999 Management. Also, the Bray family owned pera that serviced much of Northeast Tex&sB . i dfill' in July of 1999, Waste Management purc hase d B& B E q u i p m e n t a n d t h e B Barney Bray III has recently become a cons tntd~imes investor lthe b b iness of years 30 of owning and operating trash compames that at he owned B& B Equipment, he municipal contracts is invaluable. Over the thirty years did not ever lose a municipal contract once ae hhd hros service servcetatlan Solutions has been built with the same ide , p economical price. With it being a family business, Josh Bray spent many years learning the trash business and providing much needed hard work. Whet u~ ~t~ bewnorkiHe lookslforward toSallt he in the hauling operation, he had no choice b challenges and rewards that this business e tra h se lice provider in this a ea. In a little Sanitation Solutions will become the premi inore than four years, Sanitation Solutions has been awarded municipal contracts in Bonham, Chandler, Dodd City, Ector, Gilmer, Van, Grand Saline, Lone Star, Ore City, Reno, Roxton, Savoy, Leonard, Queen City, Royse City, and Canton. Our newest city contract is Hideaway Lake, TX. We started this contract January 2010, Jason Stephens is the General Manager o le aro te, a d oper tion manager fromB998 Equipment and Waste Management as a sa , ast until 2002. He was the key contact for twenty they servedn~Alsol he asethe Texas, and all the commercial and mdustrial cutomers Operations Manager who oversaw all the s thel same duries wth San t t on Solut onsome 25 to 30 employees. He currently perform We currently employ twenty-five drivers in the Northeast Texas area. The five frontload drivers that service our commercial customers have over 80 years combined experience are sub reputation, in the commercial trash service. A1Tha g ers their pre emploeyment and professionalism speak for itself, all of ou random quarterly drug screenings as required by DOT regulations. Pra irie Finally, in early summer 2010, Sanitation e a 640 acre Typ pl MunicipalSSolid Waste Landfill with TCEQ Permit # 2358. It will b Facility that will be operated by Mr. Gary 09 he rolet. maaaredothe Waste Man g maeat llln om 1987 to 1999. From 1999 to November 20 g Landfill in Lewisville, TX. He is now back home to make Blossom Prairie Landfill the leading disposal option for Northeast Texas. a.0 1 We are providing a list of references for you to call upon. We feel certain that these people will testify to the fact that we do have years of experience in the garbage business, the resources to provide the necessary equipment, trucks, and labor, and we can provide excellent customer service. However, if you would ike more references, we would be inore than happy to provide them. They are as follows Mun= i Gilmer, TX (903) 843-2552 - Jeff Ellington - City Manager Bonham, TX - Corby Alexander - City Manager (903) 583-7555 Roxton, TX - Jimmy Cooper - Mayor (903) 346-3535 Ector, TX - Mary Dean Norris - Mayor (903) 961-2495 Grand Saline, TX - Steve Ashley - City Manager (903) 962-3122 Van, TX - Billy Smith - Mayor (903) 963-7216 - Jim Moffitt - City Manager Chandler, TX (903) 849-6853 - Gail Weir - City Secretary Ore City, TX (903) 968-2511 - Maggie Curtis - Mayor Lone Star, TX (903) 656-2311 ueen City, TX - Vickie Ray - City Secretary Q (903) 796-7986 - Mike Glass - Mayor Savoy, TX (903) 965-7706 - Stephanie Modesitte - Operations Manager Royse City, TX (972) 524-4821 Canton, TX - Andy McCuistion - City Manager (903) 567-1841 Commercial - David Crooks - Corp. Waste Service Mgr. - Pilgrim's Pride (903) 434-1969 - Molly Prater - Environmental Consultant - Goodyear Tire (903) 520-1749 - Becky McJunkins - Region Env. Coordinator - AEP Svvepco (903) 234-7226 - Kay Spann - Paris Independent School District (903) 737-7473 - Frank Wright - Waste Services Mgr. - Kimberly Clark Corp. (903) 737-5265 1On Equipment List ` Front load $4900 40 yd R7XL04 1M2K189CX5M027204 101 2005 Mack Frontload 54900 40 }'d R7XL05 1M2K189C15M027205 102 2005 Mack k M Front ioad 54900 40 yd R9GD49 1M2K189C87M036583 103 2007 ac ck M Front load 54900 40 yd R9SW91 1M2K189C47M036600 104 2007 a k Front load 54900 40 yd R9YF70 1M2K189C15M026054 105 200$ Mac Mack Front load 54900 40 yd R9YF71 1M2K189C35M026055 106 2005 ck M Front load $4900 40 yd RB3L79 11,42K189C26M027764 107 2006 a Mack Front load 54900 40 yd ~3Lg0 1M2K189C46M027765 108 2406 Mack Frontload 54900 40 yd 1M2K189C47M039075 109 2007 Ford Rear load 39000 20 yd 3 1CGR3 1FDYR82EXSVA77797 301 1995 ternationai l Rear load 54900 20 yd R9GD50 1HTWCAANX7J431423 302 2007 n ternational i Rear load 54900 20 yd R9GP18 1HTWCAZN87J472587 303 2007 n ternational I Rear load 54900 20 yd R9LZ40 1HTWCAZNX7J472588 304 2007 n Sterling Rear load $4900 20 }'d R9LZ41 2FZACGCS17AY15570 305 2007 Sterling Rear load $4900 20 yd R9LZ42 2FZACGZS37AY15571 306 2007 Volvo Rearload 41000 20 yd 90WPP6 4VHJAKFD1VN860025 3~7 1997 htliner Frei xearload 54900 20 yd RB3L86 1FVACWCS97DY55038 8 308 2007 g ternational I Rearload 30000 20 yCl RB3L87 1HTSCAAN8XH69998 309 1999 n i Rearload 25 yd 1FVHCYBS78HY54931 310 2008 ner Freighl ad l R d 25 1FVFCYBS98HY54932 311 2008 Freightliner o ear load R y d 25 1FVHCYBS28HY54934 312 2008 Freightliner ear ad l R 4900 y d 20 1FVACXAK24HM85371 313 2004 Freightliner o ear 5 y 2CZ594 1M2P267C43M065308 42g 2003 Mack Roll off 54900 R7XL03 1M2AG11C06M027131 429 2006 Mack Roll off 54900 R7XN71 1M2AG11C96M029637 430 20~6 Mack Roll off 54900 R8HK31 1M2AG11C06M029638 431 2006 Mack Roll off 54900 R8RL43 1M2AG11C34M011325 4,32 2004 Mack Roll off 54900 R00472 1M2AG11C67M064072 433 2007 Mack Roll off 54900 R04734 1M2AG11C45M025543 434 2005 Mack Roll off 54900 R04735 1M2AG11C65M025544 435 2005 Mack Roll off 54900 30CGR3 1HTSCCFNXLH220274 500 1990 International Delivery 30800 8VJT50 1FDNF82COSVA73056 501 1995 Ford Delivery 24500 W76341 1G9L123286A157643 2006 Galbraith Trailer 12620 All of our trucks and equipment will be new or late-model and will be reliable for the day-to-day operation in Northeast Texas. . r . . ~•'SY!". . i ~ iL ~ .i 0 i Workers Compensation As required by law and shall cover all employees including As required by law drivers Comprehensive and General Public Liability Property Dainage Comprehensive Auto Liability - Bodily I"jury Co»zprehensive Auto Liability - Property Dam age $2,000,000 $1,000,000 $1,000,000 $1,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 104 Sanitation Solutions will maintain for the duration of an~ contract with the city an insurance policy with the following rrunimum lirm Josh Bray 1580 Cobb Ranch Rd. Pans, TX 75462 j oshbray@cox-internet.com Personal Born August 4, 1979 in Paris, TX Married Beth Wikoff in August 2005 EDUCATION The University of AlaUama - Tuscaloosa, Alabama Bachelor of Science - Finance 2001 Masters of Arts- Marketing 2002 Texas Christian University- Ft. Worth, Texas Ranch Management Program ExrERiENCE B&B Equipment- Paris, TX Sanitation Services . Worked extensively at the B&B Landfill in the "day to day" major emphasis on maintaining high regulatory ratings . Constructed liners for future use that met TCEQ standards . Made outside sales calls to help grow the company 1995 - Ju1Y1999 ons with M rch 2001- Juiy 2006 B. Bray Construction- Paris, TX Utility Construction . Key contact between the cities, engineers, and B. Bray Cons ruction . Ran the "day to day" operations of the crew ugust 2005 -Present Sanitation Solutions - Paris, TX Owner . Provide sales related calls to businesses and cities . Support System for the entire business with emphasis on op rations, customer service, and logistics ~ 1.0 JASON STEPHENS 11117 FM Road 195 Paris, TX 75462 jasonstephens@suddenlinkmail.com PERSONAL Born July 16, 1973 in Paris, TX Married Angie Beshirs in January 1996 Have two children: Austin -10 years old and Mason - 8 years old EDUCATION Texas A& M University - College Station Bachelor of Science - Agricultural Business May 1997 ExrERIENCE B&B Equiptnent / Waste Management of North Texas - February 1998 - March 2002 Paris, TX Sales/ Operations Manager . Handled both the sales and operations duties in fast-growing fast-paced trash company of the business from sales representative to route supervisor . Learned all facets . Effectively handled customer service issues and resolved them in timely manner . Traveled to other company sites to assist with special projects. . Key contact for twenty plus municipal contracts in Northeast Texas . Operations manager who oversaw the routing scheduling, and coordination of some 25 to 30 employees March 2002 - August 2004 United Agri Products - Flower Mound, TX Environmental and Regulatory Services Manager . Provided regulatory support and compliance knowledge for agri-chemical distribution facilities in Texas, Oklahoma, and New Mexico. . Established effective safety training program for twenty-one distribution warehouses . Monitored and evaluated environmental compliance in highly regulated industry . Designed and coordinated DOT compliance program for all HazMat drivers in three states August 2004 - August 2005 B. Bray Construction - Paris, TX Project Foreman . Provided managerial support and manual labor for utility construction business . Key contact for guidance from engineering firms on the job site August 2005 - Present Sanitation Solutions - Paris, TX General Manager . Provide sales, customer service, operation, and other management duties ioD