18-Contract for the demolition and disposal of dilapidated structures to Sanitation SolutionsCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Depattment:
Presented By:
Agenda Item No.:
06-15-2010
Engineering, Planning
Shawn Napier, P.E. Director of
Council Date:
& Development
Engineering, Planning &
18,
06-27-2010
Development
RECOMMENDED MOTION:
Deliberate and act on a resolution awarding the contract for the demolition and disposal of dilapidated
structures to Sanitation Solutions in the amount of $29.00 per ton; authorizing the City Manager to
negotiate and execute all necessary documents.
POLICY ISSUE(S):
Contract
BACKGROUND:
This contract is for the demolition and disposal of dilapidated structures. The advertisement for bids
was published in the Paris News on May 29t" and June Sth. One bid was submitted. The bid was
opened on Tuesday June 14, 2011 at 3:00 P.M. Staff recommends awarding the bid to Sanitation
Solutions in the amount of $29.00 per ton. The price per ton for the last demolition contract was $22.00
per ton.
The contract is for 12 months from the date of the contract execution.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and Contract
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$80,000.00
❑ Presentation ❑ Ordinance
y'TD Actual
$62,999.44
❑ Public Hearing ❑ Other
Acct. Name
House Demolition
Acct. Number
O 1-0328-40-00
FISCAL NOTES:
Staff has proposed to budget $60,000 in the 2011-2012 budget year for house demolition.
REVIEWED AND APPROVED BY:
ZAdministration ECity Clerk ZEngineering, Planning & Development ❑EMS/IT ❑Finance ❑Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Public Works ❑ Utilities
City of Paris Revised 2/04/08
228
DRAFT
f:attorney\reswork\current\award demo bid 6-27-11
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
AWARDING A 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 3:00 P.M., Tuesday, June 14, 2011; and,
WHEREAS, the lowest responsible bid providing the best value to the City was
received from Sanitation Solutions, 1802 S. Church Street, Paris Texas 75460, at a unit price
of $29.00 per ton for a 12 month 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 Advertisement for
Bid and Master Specifications for Demolition and Disposal of Dilapidated Structures 2011
and other contract 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, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the bid of Sanitation Solutions, Inc. for the demolition and
disposal of dilapidated structures 2011 in the City of Paris, Texas 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 Bid Documents attached hereto as Exhibit "A", timely
execution of a written contract with the City of Paris, and submission of required bonds and
insurance.
Section 3. That the City Manager of the City of Paris, be, and he is hereby
authorized and directed to execute on behalf of the City of Paris the Demolition Services
with Sanitation Solutions Agreement for the work referenced herein in substantially the
form attached hereto as Exhibit "A".
229
Section 4. This resolution shall be effective immediately upon passage.
PASSED AND APPROVED this 27th day of June, 2011
Joe McCarthy, Mayor Pro-Tem
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
230
DEMOLITI4N AND QISP4SAL
OF DILAPIDATED STRUCTURES
2011
CITY OF PARIS
PARIS, TEXAS
ciTr cou►vcIL
JOE MCCARTHY (DISTRICT 1)
,lASON ROGERS (DISTRICT 2)
JOHN WRIGHT (DISTR{CT 3)
DR. RICHARD GROSSNICKLE (DISTRICT 4)
MATT FRIERSON (DISTRICT 5)
EDWIN PICKLE (DISTRICT 6)
RHONDA RODGERS (DISTRICT 7)
{NTERIM CITY MANAGER
GENE ANDERSON
CITY ATTORCVEY
KENT MCILYAR
DfRECTOR OF ENGINEERING PLANNING AND DEVELOPMENT
SHAWN NAPfER, P.E.
Project Recommended By:
Shawn Napier, P.E., Director of
Engineering, Pianning and Development
cl i 1
EXHIBI-~ a
231 `
TABLE OF CONTENTS
Advertisement for Bids ........1
Instructions to Bidders ........2
Bid Bond ........8
Bid Form ........9
Statement of Bidder's Qualifications ......13
Notice of Award ......15
Agreement ......16
Master Specifications ......21
Natice to Proceed ......26
Change Order 27
Receipt for Payment and Refease of Liens ......2$
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PUBLISH PARIS NEWS
DATE: May 29, 2011
DATE: June 5,2011
ADVERTISEMENT FOR BIDS
PRO3ECT: DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES
OWNER: CITY OF PARIS, PARTS, TEXAS
Sealed bids for the demolition and disposal of dilapidated structures will be received by the City of
Paris, Paris, Texas, at the office af the City Manager, City Ha11,135 1 st Street S.E., P.O. Box 9037,
Paris, Texas 75461-9037, until 3:00 P.M. June 14, 2011 at which time all bids will be publicly
opened, read aloud, tabulated, and referred to the City Council for the purlaose of letting such.
Bid specifications can be obtained at the following place:
ENGINEERING, PLANNING & DEVELOPMENT DEPARTNIENT
City Hall Annex
150 1 st Street SE
Paris, Texas 75460
The City of Paris, as owner, reserves the right to reject any or all bids, to waive any informality in
bidding, and to award bids as inay be advantageous to the City.
Bidders are notified of City exemption from otherwise applicable sales and excise taaces.
All bids must be submitted on the bid form included in the Contract Dacurnents. 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.
Ciry of Paris
Paris, Texas
Janice Ellis, City Clerk
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INSTRUCTIONS TO BfDDERS
Defined Tetms
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" ineans the one who submits a Bid directly to OWNER, as distinct from
sub-bidder, who submits a bid to a Bidder. The tezm "Successful Bidder" means the
lowest, qualified, responsible, and responsive Bidder to whom OWNER (on the basis of
OWNER'S evaluation as hereinafter provided) makes an award. Tfie term "Bidding
Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the
Bid Form, and the proposed Contract Documents (including all Addenda issued prior to
receipt of Bids).
Copies of Bidding Documents
2.1 A complete set of the Bidding Documents may be obtained from DIRECTOR OF
ENGINEERING, PLANNING AND DEVELOPMENT.
2.2 A complete set of Bidding Documents must be used in preparing Bids; neither OWNER
nor DTRECTOR 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 DTRECTOR 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.
4ualifications 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
ottier 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 locallaws and regulations that may
a#fect cost, progress, perfornnance, or furnishing of the Work, (c) study and carefully
correlate Bidder's observations with the Contract Documents, and (d) notify DIftECTOR
OF ENGINEERING, PLANNINIG AND DEVELOPMENT of a11 conflicts, errors, or
discrepancies in the Contract Documents.
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4.2 DIRECTOR OF ENGINEERING, PLANNING AND DEVELOPMENT designates for
demolition various properties located througliout the city. Those designated properties
may be modified at any time during the course of the Contract by either addition or deletion
of properties, and the properties may be submitted to the CONTRACTOR in no particular
order and in no particular quantity at one time.
4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the
Bid is premised upon performing and furnishing the Work required by the Contract
Documents and such means, methods, techniques, sequences, or procedures of demolition
as may be indicated in or required by the Canh-act Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance arrd fumishing of the Work.
Internretations and Addenda
5.1 All questions 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 ENGINEERING, PLANNING
AND DEVELOPMENT in response to such questions will be issued by Addenda mailed or
delivered to all parties recorded by DIRECTOR OF ENGINEER.ING, PLANNING AND
DEVELOPMENT as having received the Bidding Documents. Questions received less
than seven (7) days prior to the date for apening of Bids rnay not be answered. Only
questions answered by formal written Addenda will be binding. Ora1 and other
inteipretations or clarifications will be without legal effect.
52 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
OWNER or DIRECTOR OF ENGINEERING, PLANNING AND DEVELOPMENT.
Contract Tirne
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 CONTR.ACTOR shown in order
of priority. Upon completion of each list, CONTRACTOR rnust 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 amaunt
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 cantract execution
6.3 The Directar of Engineering, Pla.nning, and Development, or his authorized designee, shall
issue work orders throughout the term of this agreement and a11 work called for in the work
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235
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orders sha11 be completed within 30 days of receipt by bidder.
Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreernent.
Bid Form
9.1 The Bid Form 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 sign)
and the corporate seal must be affixed and attested by the secretary or an assistant
secretary, The corparate address and state of incorporation must be shown below the
signature.
9.4 Bids by partnerships must be executed in the parknership name and signed by the general
partner, whase 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
rnust 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
10.1 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 paclcet. 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
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236
Modification and Withdrawal of Bids
11.1 Bids may be modified ar withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are ta be
submitted at any time prior to the opening of Bids.
11.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written
norice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of
OWNER that there was a material and substantial rnistake 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 Cantract Documents.
Opening of Bids
Bids will be opened. and read aloud publicly. An abstract of the amounts of the base bids
and major altemates (if any) will be made available to Bidders after the opening of Bids.
Bids to Remain Sub'ect to Acc tance
All bids will remain subject to acceptance for ninety (90) days after the day of the Bid
opening, but OWNER may, in its sole discretion, release any Bid prior to that date.
Award of Contract
14.1 Owner reserves the right to reject any and all Bids, to waive any and all infannalities not
involving price, time, or changes in the Work and to negotiate contract terms with the
Successful Bidder, and the right to disregard all noneonforming, nonresponsive,
unbalanced, or conditional Bids. Also, OWNER reserves the right to reject the Bid of any
Bidder if OWNER believes that it would nat be in the best interest of the Project to make an
award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified
or of doubtful financial ability or fails to meet any other pertinent standard or criteria
established by OWNER. Discrepancies in the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor of the
correct sum.
14,2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not
the bids comply with the prescribed requirements, and such alternates, unit prices, and
other data as may be requested in the Bid Form or prior to the Notice of Award.
14.3 OWNER may eonsider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizarions proposed for thase portions af the Work as to which the
identity of Subcantractors, Suppliers, and other person and organizatians must be
submitted as provided in the Supplernentary Conditions. OWNER also may consider the
operating costs, maintenance requirements, performance data, and guarantees of major
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items of materials and equipment proposed far incarporation 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 OWIvER deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications, and financial
ability of Bidders, proposed Subcontractors, Suppliers, and other persons and
organizations to perfonn and furnish the Work in accardance with the Cantract Documents
to OWNER'S satisfacrion within the prescribed time.
14.5 If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose
evaluation by OWNER indicates to OWNER that the award will be in the best interest of
the Project.
14.6 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of
Award within sixty (60) days after the day of the Bid opening.
Contract Securitv
When the Successful Bidder delivers the executed Agreement to OWNER, it must be
accompanied by the required perfornlance and payment bonds and certificate of insurance
listing the City of Paris and it's elected officials, officers, and employees as additional
insured.
Si ning of Agreement
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement with all other written
Contract Documents attached. Within fifteen (15) days thereafter, Contractor shall sign
and deliver the required number af counterparts of the Agreement and attached documents
to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall
deliver one (1) fully signed counterpart to Contractor.
Prebid Conference
A prebid conference will not be held on this Project.
Sales and Use Taxes
OWr;ER 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
6
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will be exempt from payment of the street use fees associated with for the hauling of waste
associated with the demolition of the proposed structures.
Billing and Pavment
CONTRACTOR rnust bill OWNER far all work completed during the month by no later
than the last day of each month. Biils should include a cover page showing the full
amount due for the month, completed work orders showing the cost per structure, and
landfill trip rickets for debris related to the demolition of each structure. Payments will
only be made for complete structure removal. Payment will thereafter be made to
CONTR.ACTOR after verification of the completion of the Work to the satisfaction of the
DIRECTOR OF ENGINEERING, PLANNING AND DEVELOPMENT.
7
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BID BOND
BOND NUMBER
KNOW ALL MEN BY THESE PRESENTS:
THAT , of , as
Principal, and , as Surety, are held and firmly
bound unto THE CITY OF PARIS, PARIS, TEXAS, as Obligee, in the full and just sum of
Dollars, lawful money of the United States, #or the
payment of which sum, welf 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 demalition
and disposal of dilapidated structures.
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal
shall be awarded the Contract the said Principal will, within the time required, enter into a
formal Contract and give a good and sufficient Bond to secure the performance of the
terms and conditions of the Contract, then this obligation to be void; othenrvise the
Principal and Surety wi{I 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 fegai{y
contracts with another party to perform the work if the iatter amount be in excess of the
former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered
(date)
seal)
seal)
SURETY
Attorney-in-fact
8
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BID
PROJECT IDENTfFIGATION: Demolition and Disposal of Dilapidated Structures
The undersigned BIDDER proposes and ab ees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contact Dacurnents to perfoxrn and
furnish all Work as specified or indicated in the Conlract Documents and Master
Specifications for the Contract Price and within the Contact Time indicated in this Bid and
in accordance with other terms and conditions on the Contract Docurnents.
2. BIDDER accepts all terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidder. This Bid will remain subject to acceptance for sixty (60) days after
the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and
other documents required by the Bidding Requirements within fifteen (15) days after the
date of OWTNER' S Notice of Award.
3. In suhmitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has exainined copies of all the Bidding Documents and of the following
Addenda, receipt of which is hereby acknowledged:
Number Date
(b) BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, and all local conditions and Laws and Regulations that in any
rnanner 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 Docusnents and the written resolution thereof
by OWNER is acceptable to BIDDER.
(d) This Bid is genuine and is not made in the interest of or on behalf of any
undisclosed person, firm, or corporation and is not submitted in conformity with
any agreement or rules of any gr'oup, association, organization, or corporation;
BIDDER has not directly or indirectly induced or solicited any other BIDDER to
submit a false or sham Bid; BIDDER has not solicited or induced any person, firm,
or corporation to refrain from bidding; and BIDDER has not sought by collusion to
obtain for itself any advantage over any other Bidder or over OWNER.
~
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4. BIDDER will cornplete the Work for the following price:
Descriptian af work: Demolition and disposal of dilapidated structures located in
variaus areas around the city of Paris. Bidders should
carefully review the Master Specifications included in the
Contract Documents to ensure the Bid includes all potential
aspeets of property removal and disposal at a City and
TCEQ approved landfill (City of Paris will be directly
responsible for tipping fee). Payment will be based upon
landfill trip rickets.
Total Price Per Ton
(12 month contz-act)
-l rI fv~ "Ic boirw..r; 1~e_,_
r%j e
Quantities are not guaranteed. Payment will be based on actual quantities.
5. BIDDER agrees that the Work will be substantially complete within twelve (12) months
after the date when the Contract Time commences to run; howevez, BIDDER may propose
a longer term if it will result in a lawer bid.
6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work on time.
7_ The following docunnents aze attached to and made a condition of this BID:
(a) Performance and Payment Bonds axe required (or cashier=s check for 5% of Bid).
(b) Statement of BiddeY=s Qualifications.
8. CONTR.ACTOR must suUmit certificates of insurance and warkmen compensation
insurance in accordance with State and local law.
SUBMITTED ON ~i,LIXI ~ , 2011.
10
j I `2-C
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If BIDDER is:
An Individual
Rv
(Individual's Name)
doing business as.
Business address:
Phone Number:
A Partner.ship
By
_ (Firtn Narne)
(General ParMer)
Business address:
Phone Number:
A Corporation
By
ek,'l ; (Corparation Name)
45
/ E X qs (5tate of Incorporation)
By r-A (Authorized Official)
fe tvJ- (Title)
(Corporate Seal) /~/0 sle, ~
Attest
Uvi X-?/
(Secretary)
Pu~l, r~ -7syk) _
11
-1 243
Phone Number: / ~~S 12 y q 0 1 ;2- ~
A Joint Venture
By
By
By
_ (I`lame)
(Address)
- (Name)
_ (Name)
By (Name)
Bv (I`iame)
(Each joint venturer must sign_ T'lie manner of signing for each zttdividual, partnerslzip and
corporation that is a party to the jaint venture slaould be in the manner• indicated above.)
12
r!
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1 1 244
STATEMENT OF BIDDER'S QUALIFICATIUNS
(To be submitted by the BIDDER ONLY at the time of its Bid)
To aliow the 4WNER to determine the lowest responsible BIDDER, the following
information shall be provided. Attach separate sheets as needed.
9. Name of BIDDER. s a.~~~ t-~-~ 4,• S~(~ti~ T~~.
10. Type of organization, i.e_, corporation, sole proprietor, partnership, etc_
11. Permanent main office address. jyG)k
12. When organized. -setN 1 , ' I
13. If a corporation, where incorporated. Tex,-.c
14. State how many years you have been engaged in the contracring business under your
present firm or trade name, and give all other names under which your organization has
operated in the last 10 years. 6 Je~, r,~ ~~-j -,i I -P<i°- s~~ _-4_,Q
15. State the name of all corporate officers, or partners, or the owners, as appropriate.
Sosk gr~~ ~rs~ S'osl~
16. State the company tax identification num~er, or, if a sole proprietor, the proprietor-s social
security number. A? 3 8-a'i 3,7•7
17. 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 nurnber of the project owner and the engineer. C= i+y , ` a«d s~ewa , 'I..- Ap4-0,)
C~fy - G4A. ~e..lti- Dr_w~v 3 G4t+r~zrr S G Q~. T.0
18. General character of work performed by your company.
19. Have you ever failed to complete any work awarded to you? If so, provide information
about where and why. Nic,
20. Have you ever defaulted on a contract? If so, provide information about where and why.
N v
21. List your important projects recently completed by your campany and for whom, stating .
the appraximate cost for each and the rnonth and yea.r completed. Provide name, address, StiuW~
and telephone nurnber of theproject owner and engineer. Gl.'le, Edw&-rAs N'P
('7c:;) yyt~ 0531
22. List your znajor eyuipment available for this contract, including the rnake, model, year, and
type of equipment along with its current condition.
q5' l G A T 7~'kc~,:. lvuJc;~
'I.53 cA°+`
13
Cr1T T'r~Gk k•t
245
23. Experience in demolirion work similar in importance to this project. .Sc'.e. Ab,`-t-
24. Background and experience of the principal members of your organization, including the
officers and the proposed Project Superintendent. 3osA,
25. The undersigned hereby autharizes and request any person, firm, or corporation to furnish
any infonnation requested by the OWNER in verifications of the recitals comprising the
Statement of Bidder=s Qualifications.
Dated at Suq S, 1~~ ~t , this (q day of Lc„ , 2011.
~QY\t~'i.:t't~•. ~G~i.#-t~~t.1nt.
By:
Title:
STATE OF
COUNTY OF
Name of Bidder
Pr~s
J C~ ~:Ar ) t'j being duly swom, deposes and says that he
is ~1--~rC--- i cl + and that the
answers to the foregoing questions and all statements therein contained are true and correct.
~
Subscribed and sworn to before me ihis day of 3&mt , 2011.
i
,
aaneow~aaa.~r:c,c:e,~mr.maae,~asrrat~sr~~a.raf. 1.•~~~(,L/~~~.~L.~'G~ ke-Z~L~.eAK-
btAN1`hiANhtE SNEYHEh! Notary Public
fVatary Pubiic
STATE OF TEXAS
My Comm. Exp. 08l20P2011~ My conunission expires:
`wamseuaoasa.voesoeras+arasm+aaas+cmahs+
14
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NOTICE OF AWARD
TO:
ADDRESS:
PROJECT DESCRIPTION: Demolition and disposal of dilapidated structures located in
random locations throughout the city of Paris and other work associated therewith.
The OWNER has considered the BID submitted by you for the above dascribed 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 disposal of dilapidated structures, and delivery
only with a contract term of months.
You are required by the Information for Bidders tv execute the Agreement and furnish the
required CONTRACTOR=S Periormance BOND, Payment BOND, and certificates of
insurance within fifteen (15) calendar days from the date of this Notice of Award.
If you fail to execute said Agreement and to furnish said BC7NDS within fifteen (15) days
from the date of this Notice of Award, OWNER will be entitled to consider ail your rights
arising out of the OWNER'S acceptance of your BID as abandoned and as a forFeiture af
your B{D BOND. The OWNER will be entitled to such other rights as maybe granted by
law.
You are required to retum an acknowledged copy of this NOTICE OF AWARD to the
OWNER.
Dated this day of , 2011
City of Paris, Paris, Texas
(Owner)
By:
Ti-tle: Ciry Manager
15
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p
ACCEPTANCE QF NOTICE
Receipt of the above NOTfCE OF AWARD is hereby acknawledged by
this day of , 2011.
By:
Tifile:
16
248
STATE OF 7EXAS '
KNOW ALL MEN BY THESE PRESENTS:
COUNTY QF LAMAR
AGREEMENT
THIS AGREEMENT is entered into this day of , 2011, by
and between the City of Paris, Paris, Texas, hereinafter called OWNER, and
, with main offices located at
Texas; hereinafter called CONTRAGTOR.
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 af each month. There is no guarantee of the number of work orders which will
be provided; CONTRACTOR shall complete all work called for in each work order
within 30 days of receipt issued in any given month. Work orders should be
completed in the order in which they have received by CONTRACTOR, and
CONTRACTOR sha(I bill OWNER for completed work orders in accordance with
Section 1.06 hereof.
1.04 Additional time to perform monthly wark orders will be allowed by the OWNER onty
in the instance af 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 CONTRACTQR will be campleting work orders based
on a monthly schedule, CON'fRACTOR shall ensure that OWNER is made aware
of any and all weather delays that occur thraughout the month in the event those
weather delays result in CONTRACTOR's failure to complete the required number
of work orders by the monthly deadline.
1.05 OWNER and CONTRACTOR recognize that time is of the essence of this
Agreemenf and that OWNER may suffer financial foss if the Work is not corripleted
on schedule with the City's fiscal year and within the times specified above, pfus
any extensions thereof alfowed in accordance with this Agreement.
CONTRACTOR recognizes the delays, expenses, and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by UWNER if the
Work is not completed on time. Accordingly, instead of requiring any such proof,
17
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OWNER and CONTRACTOR agree that as liquidated damages for unapproved
delays (but not as a penaity) CONTRACTOR shal4 pay OWNER $100.00 per work
order for each calendar day beyond the completion date called for in the work order
woufd be reasonable and just compensation for such breach, and CONTRACTOR
hereby promises to pay such sum as liquidated damages and not as a penalty.
1.06 CC?NTRACTOR must submit bilis to OWNER on a monthly basis for aN work
compfeted during the month by no later than the fifth day of the folfowing 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
confarmance 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 aperations 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
eguipment near traffic or pedestrians, and provision of other controls and warnings
as needed.
1.09 OWNER shall not be liable to CONTRACTOR, GONTRACTOR'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 CONTRACTUR, 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 'rndemnify, 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 ar
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 poficies of insurance,
providing at least $250,0000.00 per occurrence and $500,000.40 for aggregate for
18
- - 250
/1
bodily injury or, including death and property damage, indemnifying the
CONTRACTOR and the OWNER as an additional insured for any and aH
damages, personal injuries, or property damages sustained in carrying out the
duties of this contract, or any part thereof, as the result af the negligence of the
CONTRACTOR, 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 State (aw.
1.12 It is expressly provided that al1 insurance policies required hereunder shall and
must be written by a reputable insurance company or companies, and where
appropriate must shaw the OWNER as an additional insured, subject to approval
by the City Attomey of the City of Paris, and the CONTRRCTOR's selected
insurance carrier or carriers shall deliver a copy af any such policies to the City
C1erk of the City of Paris, or fumish to said City Clerk a current letter or certificata
from such company or companies, evidencing the fact that such insurance is in full
force and sha1l remain in effect at aCl times during this cantract 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 shail keep and perform every agreement and covenant herein.
In the event GONTRACTOR shall defau{t in any covenant, condition, provision, or
stipulation herein contained, OWNER may notiiy 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 GONTRACTOR's ob{igations
hereunder.
1.14 OWNER will nat be responsible for faulty work, repeat work that was due to
CONTRACTOR error or omission, or mechariical 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
wark 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 shafl be compensated only for that
work completed to the date of termination and completed in full conformance with
the bid forms, Master Specifications, and this Agreement. If termination is for the
OWNER's convenience, CONTRACTOR shall be compensated for that work
19
251
completed or partially comp{eted to the date of terminatian and performed in full
conformance with the bid farms, Master Specifications, and this Agreement, plus
CONTRACT4R shall be compensated for any additionaf charges reasonably
incurred, the amount of which shall be determined by the OWNER, in preparation
for performance of any further services outstanding. Otherthan 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 subcantracted, 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 af race,
cofor, 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 priar effective representations, warranties, or agreements, written or oral,
between the parties.
1.20 This Agreement shall be subject to all present and future vaVid 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
ar in any way refated 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
Divisian.
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 directiy
or indirectly, entered inta any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection
wi#h the services contracted herein. Collusion in the bid process will constitute a
substantiaf breach of the contract and justify termination of the Agreement by the
OWNER for cause.
Executed in duplicates, each of which is deemed to be original and as of the day
and date first written in this Agreement.
zo
252
This Agreement will be effective on
CONTRACTt)R
(Corporate Seal)
ATTEST:
2011.
CITY C3F PARIS, PARIS, TEXAS
(Corporate Seal)
ATTEST:
Address for giving notices: Address for giving notices:
P. O. BQx 9037
~ Paris, TX 75461
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253
MASTER SPECIFfCATIONS
DEMOLITiOId AND DISPOSAL OF DILAPIDATED STRUCTURES
GITY OF PARIS, PARIS, TEXAS
1.0 DEFINITfC?NS:
A. Owner shall mean the City of Paris.
B. Gontractor shall mean the person or firm who is awarded the demalition and contract for
the OWNER.
C. Cleaning aud removal of trash and debris shall znean the use of any mechanical or hand
method by which filth, rubbish, refuse, or other matter that might be unhealthy and/or
unsightly is removed from any property or lot a.nd 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 means other than a tractor
mower and may include the use of weed eaters, brush hogs, clippers, chain saws, and other
sunilar tools. Other hand work may include the remova] of fencing, refuse, trash, jtuilc,
and other debris.
F. Work Order shall mean a notice in writing from the OWNER instructing the
CONTRACTOR to perform specific work at a particular location (a copy is attached
hereto).
G. Demolition shall mean tlie safe, timely, and complete removal of a specified structuxe with
the debris removed to a City and TCEQ approved landfill.
H. Utilities shall include services provided to the structure including gas, water, and
electricity. Other services may be involved in a particular contract.
1. Mature tree shall mean a tree having a trunk circumference of at least ten (10) inches but
less than sixty (60) inches measured four and one-half (4 1/2) feet above natural grade
level.
J. Protected tree shall mean any tree having a circumference of sixty (60) or mare, measured
four and one-half (4 1/2) feet above natural grade level.
22
254
lA1GENERAL
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 banicades, 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 af the essence in the filing of liens after demolirion, Work Orders should
be returned to OWNER immediately upon completion af demolition. Work Orders will
not be considered CONTRACTOR's bills they are used s4lely for the purpose of advising
CONTRACTOR of the nature of work necessary at each locatian and for assisting
OWNER in filing liens.
1.02 DEMOLITION
A. Demolition shall include the removal of o111X those exact items specifically set out in the
Work Order.
B. Overall safety and adverse irnpact to the neighborhood shall be considered a priority.
CONTRACTOR shall provide demolitian within hours which are reasonable to the
conditions of the neighborhood, be cognizant and make provisions to control excessive
dust, and secure the area for the overall safety of operations as is defined within these
Specifications. CONTRACTOR shall not leave the work site when portions of a structure
or other items are in a dangerous candition. Such conditions may require posting a guard
or continuing the demolition until the condition is relieved.
C. Demolition sha11 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 forhid 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 tYie responsibility of CONTRACTOR.
OWNER shall not be responsible for theft, damage, or adverse use of the equiprnent.
23
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E. Mature and protected trees found on a property shall be protected. Contractors shall work
around the tree carefully to prevent dainage to the tree and its root systein. Sapling trees
and sprouts may be removed only if they are found in a path needed for access to the
structure.
1A3 TRASA AND RLJBBISH RENIOVAL SY CONTRACTOR (WHEN SPECIFIED IN
BID FORM)
A. Additional waste material shall be removed from the property and disposed of by
CONTRACTOR only if specified in a Wark Order. CONTR.ACTOR shall not deviate
from the Specifications, shall not utilize waste removal processes that are contrary to good
practices or State law, and shall not utilize removal of waste to an unapproved site location.
Proof of proper disuosal of all waste materials, includinp demolition debris, must be
submitted u on completian bv rovidin the OWNER with approved landhu tickets
at the time of monthl billin .
B. OWNER reserves the right to recycle prior to or during actual dernolition. This may
include remaving useable structural elements, removing or separating furnishings,
shingles, and other waste components. 'I'his will be done by OWNER at its expense prior
to issuance of a Work Order.
C. OWNER reserves the right to approve any method for controlling and reinoving 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 disposal method in its Bid.
D. Junk, trash, and rubbish type material shall be removed from property only when
specifically provided by the Work Order. All such material shall be disposed of properly
at a sanitary landfill or as otherwise specified.
E. Minor litter shall be cleaned and removeci 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 sliredder or mower.
F. Properties which have rubbish or waste which requires special handling may have specific
instractions for the removal and/or disposal of the material provided in the Work Order.
G. CONTR.ACTOR shall use equipment that is suitable for the work to be perfonned and the
time constraints of the bid.
1.04 LEVELING, FILLING, AND GENERAL BLADE WORK
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256
A. Work Orders will, at times, require that lots be leveled, abandoned wells filled, holes filled,
or humps brought to normal grade. Blade work may be necessary to iinprove drainage,
reinove hu.mps, fill holcs, or other needs. This type of work may require the use of heavy
equipment, standard box blades, angled blades, or tiller type attachments. Fill dirt
required may provided by OWNER if necessary.
Blade wark shall be carefully performed to a level appraved by OWNER. This
includes leveling of the area designated and removing ruts, holes, low spots, roots,
debris, large clumps of soil, rocks, and any other material that interferes with the
maintenance of the property.
2. Wells shall be filled with clean sand or gravel type material. No exceptions.
CONTRACTOR must advise OWNER prior to filling a well if additional expenses
will be incurred.
1.05 FENCES
A. Removal of residential fences may only be provided when specified by the OWNER.
B. Removal of residential fences shall include the removal of all posts, concrete, sheet metal,
wire, brush, junk, etc. and may include work by hand ar equipment when allowable.
When a fence is removed, the material removed is rubbish and shall be disposed of by
CONTR.ACTOR; hawever, brick or concrete may be buried on site.
1.06 DISPOSAL AND RECYCLING
H. 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.
L Contractors sha11 furnish written proof to the OWNER of the proper and legal disposal at a
City and TCEQ approved landfill of a11 materials generatad frorn performance of the
Agreement. Final payment will not be released to CONTRACTaR until proof of proper
disposal of a11 items has been furnished to OWNER and OWNER has confirmed that all
iterns listed on the Work Order have been satisfactorily completed.
1.07 UTILITIES
Unless otherwise specified, utility disconnects sha11 be the responsibility of OWNER.
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W4RK IJRDER
11 Address ~ Lot I Biock Subdivision If
INST
RUCTIONS FOR Tt115 FKUrtK i Y:
Nature of Work
Description
Demolish residential structures
Demolish commercial structures
Blade or tiller work as specified
Remove fences as specified
Clean extraordinary debris, trash, and
rubbish
Small tree/sapfing removal
Special Instructions (see below)
SPECIAL INSTRUCTIONS FOR THIS PROPERTY:
C(3MPLETE AND RETURN TO OWNER WITH THE MONTHLY BILL
Total cost for this property: ~
Attach copv of landfill trip tickets.
Contractor/Agent
NO'fE: This form is required by the City in able to fi/e liens as part of an
enforcement action. If will not be considered Contractors bill. Contractor
should include a copy of this work order in its monthly billing.
26
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NOTICE TO PROCEED
To: Date:
Project:
You are hereby notified to commence WORK in accordance with the Agreement dated
, 2011, on or before 2011, and you are to complete the WORK within consecutive calendar
days thereafter. The date of completion of all WORK is therefore
, 2011.
OWNER
By:
Title:
ACCEPTANCE OF N071CE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
, this the
day of , 2Q11.
By:
Title:
27
CONTRACTOR
f
259
CHANGE ORDER
Order No.
Date:
Agreement Date:
NAME OF PROJECT:
OWNER:
CUNTRACTOR:
The faifowing changes are hereby made to the CONTRAGT DOCUMENTS:
Justification:
Change to CONTRACT PRICE:
Originai CONTRACT PRICE;
Current CONTRACT PRICE adjusted by previaus 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 1"IME:
The COIVTRACT l"IME will be (increased) (decreased) by
Calendar days
The date for completion of all wark will be
Requested by:
Recomrnended by:
Accepted by:
2s
$
$
$
$
(Date).
C. t
260
RECEIPT FQR PAYMENT AND RELEASE ()F 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 , 2011, for
dollars, being the remainder of the full amount accruing to
the undersigned by virtue of said Agreement; said amount also covering and including full
payment for the cost of all extra work and material fumished by the undersigned in the
demolition and dispasal 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 af , 2011.
CONTRACTOR:
BY:
(CORPORATE SEAL)
Subscribed and sworn to before me this day of , 2011.
Notary Public
My commission expires
29
261
DEMOLITION AND DISPOSAL
OF DILAPIDATED STRUCTURES
2011-12
BID OPENING
JUNE 13, 2011
3:00 P.M.
BIDDER BID AMOUNT ALTERNATE METHOD
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D raft
S: attorney/contracts/2011 /award i ng
Dem. Bid 6-27-11
STATE OF TEXAS }
COUNTY OF LAMAR }
AGREEMENT
THIS AGREEMENT is entered into this 27T" day of June, 2011, by and between the
City of Paris, Paris Texas, a home rule municipal corporation, hereinafter called "CITY" and
Sanitation Solutions, Inc., a Texas Corporation with main offices located at 1802 S. Church
Street, Paris, Texas 75460; hereinafter called "CONTRACTOR."
1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform
structural demolition services in accordance with the Bid Documents and the Master
Specifications attached hereto and incorporated herein by reference as Exhibit "A."
1.02 CONTRACTOR shall complete all work called for under this Agreement within twelve
(12) months from the date of execution hereof.
1.03 CITY agrees to provide work orders to CONTRACTOR by no later than the fifth
business day of each month, however, there is no guarantee of the number of work
orders that will be provided each month. CONTRACTOR shall complete all work
called for in each work order within 30 calendar days of receipt of the work order.
Work orders should be completed in the order in which they have been received by
CONTRACTOR, and CONTRACTOR shall bill CITY only for work orders which were
completed in accordance with Section 1.06 hereof.
1.04 Additional time to complete monthly work orders will be allowed by the CITY only in
the instance of substantial weather delays which make performance impractical, as
determined exclusively by the CITY and approved in writing by the CITY. Weather
delays will be considered by the CITY only if requested immediately by the
CONTRACTOR. Because CONTRACTOR will be completing work orders based on
a monthly schedule, CONTRACTOR shall ensure that OWNER is made aware of
any and all weather delays that occur throughout the month in the event those
weather delays result in CONTRACTOR'S failure to complete the required number of
work orders by the monthly deadline.
1.05 CITY and CONTRACTOR agree that time is of the essence in this Agreement and
that CITY may suffer financial loss if the Work is not completed on schedule with the
City's fiscal year and within the times specified above, plus any weather day
extensions allowed in accordance with this Agreement. The parties also recognize
that delays, expenses, and difficulties associated with proving in a legal or arbitration
proceeding the actual loss suffered by CITY if the work is not completed on time.
Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that
as liquidated damages for unapproved delays (but not as a penalty) CONTRACTOR
shall pay CITY $100.00 per calendar day for each work order that is not completed
263
within thirty (30) days of receipt of said work order (excluding weather days allowed
by City). The parties agree that said sum would be reasonable and just compensation
for such breach, and CONTRACTOR hereby promises to pay such sum as liquidated
damages and not as a penalty.
1.06 CONTRACTOR must submit bills to CITY on a monthly basis for all work completed
during the prior month no later than the fifth business day of the following month.
Bills should include a cover page showing the full amount due for the month,
completed work orders showing the cost per structure and landfill trip tickets for
debris related to the demolition of each structure. No additional charges will be
permitted unless approved in advance in writing by CITY as a change order. No
extra charges will be permitted for unapproved weather delays. CONTRACTOR will
be paid within thirty (30) days of receipt of invoice by CITY for work completed in
conformance with the Bid Documents, Master Specifications and this Agreement.
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 CONTRACTOR covenants and agrees that CONTRACTOR is an
independent contractor and not an officer, agent, servant or employee of CITY; that
CONTRACTOR shall have exclusive control of and exclusive right to control the
details of the work perFormed hereunder and all persons performing same, and shall
be responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondeat
superior shall not apply as between CITY and CONTRACTOR, its officers, agents,
employees, contractors, subcontractors and consultants, and nothing herein shall
be construed as creating a partnership or joint enterprise between CITY and
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 repair any structure or device on the contracted property.
1.10 CONTRACTOR agrees to indemnify, save, and hold the CITY, it's elected officials,
officers and employees harmless from any and all demands, debts, liabilities, suits,
claims, and causes of action of every kind on account of injury or damage to any
person or property, arising from or connected with the work, services and contractual
duties provided by the CONTRACTOR under this Agreement.
1.11 CONTRACTOR is required to provide, during the term of this Agreement, and to
keep and maintain in full force and effect, a policy or policies of insurance, providing
2
264
at least $250,0000.00 per occurrence and $500,000.00 aggregate for bodily injury
(including death) and property damage, indemnifying the CONTRACTOR and the
CITY as an additional insured for any and all duties of this contract or any part
thereof, as the result of the negligence of the CONRACTOR 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 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 authorized to write
insurance policies in the State of Texas, and where appropriate must show the CITY,
it's elected officials, officers, and employees as an additional insured, subject to
approval by the City Attorney of the City of Paris. 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 effect 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.
1.13 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, CITY 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 by OWNER or not, and failure of CITY to
notify of such discrepancy shall not excuse CONTRACOR'S obligations hereunder.
1.14 CITY will not be responsible for faulty work, repeat work that was due to
CONTRACOR error or omission, or mechanical breakdown of equipment. The
properties are vacant, subject to illegal dumping and other misuse, and it is expressly
the CONTRACTOR'S obligation to use caution while performing the work at all times.
1.15 CITY may terminate this agreement for cause or at its convenience at any time
during the period of perFormance. If termination is for cause, CONTRACTOR shall
immediately cease further services and shall be compensated only for that work
completed up to the date of termination and completed in full conformance with the
Bid Documents, Master Specifications, and this Agreement. If termination is for the
CITY'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 Documents, 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 CITY, in preparation for
performance of any further services outstanding. Other than as stated herein,
CONTRACTOR shall have no other claim or recourse against the CITY for
termination of the contract.
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1.16 This Agreement may not be subcontracted, in whole or in part, without the CITY `S
express written approval in advance of the services.
1.17 CONTRACTOR shall not discriminate against any employee, subcontractor, or third-
party 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.
1.20 This Agreement shall be subject to all present and future valid laws of the United
States, State of Texas, and Ordinances of the City of Paris.
1.21 All services to be performed hereunder shall be and are to be rendered exclusively in
Lamar County, Texas. Venue for any State Court cause of action arising out of or in
any way related to this contract shall lie exclusively in the courts of Lamar County,
Texas, and venue for any Federal Court cause of action shall lie exclusively in the
U.S. District Court for the Eastern District of Texas, Tyler Division.
1.22 By executing this Agreement, the CONTRACTOR hereby certifies that the only
person or persons interested in this Agreement as principals are named herein, and
the CONTRACTOR during the bid process or otherwise has not, either directly or
indirectly, entered into any agreement, participated in any collusion, or otherwise
taken any action in restraint of free competitive bidding in connection with the
services contracted herein. Collusion in the bid process will constitute a substantial
breach of the contract and justify termination of the Agreement by the OWNER for
cause.
[Remainder of Page intentionally left blank.]
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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 June 27, 2011.
SANITATION SOLUTIONS, INC.
Josh Bray, President
Sanitation Solutions
1802 S. Church Street
Paris, TX 75460
CITY OF PARIS, TEXAS
Gene Anderson, City Manager
The City of Paris
P.O. Box 9037
Paris, TX 75460
(Corporate Seal)
ATTEST:
Corporate Secretary
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mcllyar, City Attorney
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