23-ACCEPTING BID AND CONTRACT FOR $71,777.00 FOR HAZARDOUS MATERIALS REMEDIATION OF GRAND THEATERCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department-
Presented By:
Agenda Item No.:
08/04/11
Engineering, Planning &
Shawn Napier, P.E.
Council Date:
Development
23.
08/22/ 11
RECOMMENDED MOTION:
Deliberate and act on a resalution accepting the bid and awarding a contract in the amount of $71,777.00
for the first phase of Hazardous Materials Remediation of the Grand Theater to 911 Restoration;
authorizing the City Manager to negotiate and execute all necessary documents.
PoLicY IssvE(s):
Contract
BACKGROUND:
The City of Paris was awarded a$200,000.00 EPA Brownfield Grant to clean up the Grand Theater.
The City's match for the grant was $40,000.00, for a total project budget of $240,000.00.
The City of Paris contracted with Terracon to determine what hazardous materials and waste are on site
and to developed plans and specifications for removal of the waste. The next step is for Terracon to
provide oversight of 911 Restoration to do the Phase I removal of the hazardous materials and waste in
accordance with applicable state and federal regulations.
Phase I cleanup will encompass the facade, entry area, slopped hallway and the second floor above the
slopped hallway. Phase II cleanup will be the remainder of the Grand Theater.
The costs are as follows: Architectural Inventory by Denney Architects (not to exceed $15,000.00),
administrative fees by Municipal Development Services ($10,000.00), Environmental services by
Terracon ($66,480.00) and 911 Restoration ($71,777.00). The remaining fund balance is just over
$76,000.00 for Phase 11 of the cleanup and some temporary construction work to facilitate the cleanup.
BOARD/COMMISSION RECOMMENDATION:
E XHIBITS:
Resolution, bid tabulation, contract, bid documents
ACTION:
BUDGET INFO:
Grant, City match
❑ Financial Report
❑ Minute Onder
Expense
$71,777.00
❑ Department Report
~ Resolution
Budgeted Amt
$240,000.00
❑ Presentation ❑ Ordinance
y'I'D Actual
$12
240
00 ($10
000 last Budget year)
,
.
,
❑ Public Hearing ❑ Other
AcGt Name
Grand Theater - Brownfield Grant
Acct Number
25-0352-40-00
FiscAL NoTES:
REVIEWED AND APPROVED BY:
Z Administradon 0 City Clerk ~ Engineering, Planning &Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court [D Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
City of Paris Revised 2/04/08
164
Draft
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AWARDING A CONTRACT TO 911 RESTORATION INC., THE LOWEST
RESPONSIBLE BIDDER, FOR THE GRAND THEATER HAZARDOUS
MATERIALS REMEDIATION PHASE I PROJECT; 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 removal of hazardous materials and waste in accordance with applicable state and
federal regulations in the Grand Theater in the City of Paris, which bids were received until
2:00 o'clock p.m., Tuesday, August 2, 2011; and,
WHEREAS, the lowest responsible bid providing the best value to the City was
received from 911 Restoration Inc. in the amount of $71,777.00; and,
WHEREAS, the contract for Hazardous Materials Remediation Grand Theater Phase
I should be awarded to 911 Restoration in accordance with the and conditions set out in
the Request For Bid and Master Specifications for the Grand Theater Hazardous Materials
Remediation Phase I Project and Contractor's bid made part of the Agreement, attached
hereto as Exhibit "A"; and,
WHEREAS, the City Manager should be authorized to execute a Contract Agreement
with 911 Restoration, Inc. for the Grand Theater Hazardous Materials Remediation Phase I
Project on behalf of the City of Paris, in a form similar to the agreement 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 911 Restoration Inc., for the Grand Theater Hazardous
Materials Remediation Phase I Project 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 Agreement, Contract Documents, Bid Documents and Project Specifications
for the Grand Theater Hazardous Materials Remediation Phase I Project referred herein as
Exhibit "A" and timely execution of a written contract with the City of Paris.
Section 3. That the City Manager of the City of Paris, be, and he is hereby authorized
-y 165
and directed to execute on behalf of the City of Paris a contract with 911 Restoration, Inc.
for the Grand Theater Hazardous Materials Remediation Phase I Project in substantially the
form attached hereto as Exhibit "A".
Section 4. That this Resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 22nd day of August, 2011,
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
y1 166
AGREEMENT FOR HAZARDOUS MATERIALS
REMEDIATION GRAND THEATER
STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule
municipal corporation, hereinafter called "CITY," and 911 Restoration Inc., with main offices
located at 10031 Monroe Street Suite 307, Dallas, Texas 75228; hereinafter called
"CONTRACTOR", this Agreement to be effective following City Council approval on August
22,2011.
1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform
Hazardous Clean-up Remediation (the "Work") in accordance with this Agreement, Bid
Documents, scope of work and project specifications (including all addendum to the bid
documents) for Grand Theater Remediation Phase I attached hereto and incorporated
herein as Exhibit "A" (or on file with Terracon Consultants, Inc. or the City Engineer,)
and CONTRACTOR' S Bid attached hereto and incorporated herein as Exhibit "B"
(hereinafter collectively referred to as the "Contract Documents".)
1.02 CONTRACTOR shall complete all Work called for under the Agreement and the
Contract Documents within twenty-eight (28) business days following City's Notice to
Proceed. Additional time to complete the Work will be allowed by the CITY only in the
instance of weather delays which make performance impractical, as determined
exclusively by and approved by the CITY. Weather delays will be considered by the
CITY only if requested immediately by the CONTRACTOR.
1.03 CONTRACTOR agrees to furnish all labor, materials and equipment necessary to
complete the Hazardous Materials Remediation Project at the Grand Theater, Paris,
Texas for a total cost of SEVENTY-ONE THOUSAND, SEVEN HUNDRED AND
SEVENTY-SEVEN AND NO/100 DOLLARS ($71,777.00). CONTRACTOR must
submit invoices to CITY within thirty (30) days of completion of the Work. No
additional charges will be permitted unless approved in advance in writing by CITY as a
change order. No extra charges will be permitted for weather delays. CONTRACTOR
will be paid within thirty (30) days of receipt of invoice by CITY for Work completed in
conformance with this Agreement, the Contract Documents, and City Work Orders.
Nothing herein shall require CITY to expend inore funds than that amount approved by
the City Council.
1.04 CONTRACTOR covenants and agrees that CONTRACTOR is an independent contractor
and not an officer, agent, servant, or employee of CITY; that CONTRACTOR shall have
exclusive control of and exclusive right to control the details of the Work performed
hereunder and all persons performing same, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and consultants;
that the doctrine of respondeat superior 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.
i
16'~ EXH9BIT
1.05 CONTRACTOR shall be responsible for the safety of operations and shall provide
appropriate safety warnings for the protection of the work area. Provision of safety
includes use of appropriate barricades, traffic control, control of the use of equipment
near traffic or pedestrians, and provision of other controls and warnings as needed.
1.06 CITY shall not be liable to CONTRACTOR, CONTRACTOR's agents, servants,
employees, patrons, customers, visitors, guests, or invitees, nor any pedestrian or
bystander for any damage or injury caused by the acts or negligence of CONTRACTOR,
CONTRACTOR's officers, employees, agents, or servants, or resulting from the
operation of any device or equipment located upon the contracted property, or any
appurtenance thereof, nor for any damage or injury from any defect or want of repair of
any structure or device on the contracted property.
1.07 CONTRACTOR agrees to defend, indemnify, save, and hold the CITY, its elected
officials, officers, and employees harmless from any and all demands, debts, liabilities,
suits, claims, and causes of action of every kind on account of injury or damage to any
person or property, arising from or connected with the services and contractual duties
provided by the CONTRACTOR hereunder.
1.08 CONTRACTOR is required to provide, during the term of this Agreement, and to keep
and maintain in full force and effect, a policy or policies of insurance, providing at least
$500,0000.00 per occurrence and $1,000,000.00 occurrence for bodily injury or death
and $500,000.00 for any single occurrence for injury to or destruction of property,
indemnifying the CONTRACTOR and the CITY, its elected officials, officers, and
employees (as an additional insured) for any and all damages, personal injuries, or
property damages sustained in carrying out the duties of this contract, or any part thereof
or as the result of the negligence of the CONTRACTOR or CONTRACTOR's agents,
servants, or employees, and CONTRACTOR shall pay all premiums due thereon when
due. CONTRACTOR shall also be obligated to maintain worker's compensation
insurance as required by State law.
1.09 It is expressly provided that all insurance policies required hereunder shall and must be
written by a reputable insurance company or companies licensed and authorized to write
insurance policies by the State of Texas, and where appropriate must show the CITY, its
elected officials, officers, and employees as an additional insured, subject to approval by
the City Attorney of the City of Paris; and the CONTRACTOR'S insurance carrier or
carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or
furnish to said City Clerk a current letter or certificate from such company or companies,
evidencing the fact that such insurance is in full force and shall remain in effect at all
times during this contract period. All such policies shall be written so that CITY wi11 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.
168
1.10 CONTRACTOR shall timely perform and complete the Work herein in accordance with
this Agreement and the Contract Documents referenced herein. In the event
CONTRACTOR shall default in any covenant, condition, provision, or stipulation herein
contained, CITY will notify CONTRACTOR verbally or, at its discretion, in writing, that
a default has occurred. Notice when given shall include a description of the default and
the time within which CONTRACTOR must correct or remedy the default.
CONTRACTOR remains solely responsible to complete the work as contracted, whether
notified of a default by CITY or not, and failure of CITY to notify of such default shall
not excuse CONTRACTOR's obligations hereunder.
111 CITY shall not be responsible for CONTRACTOR'S faulty work or additional work
required by CONTRACTOR'S errors or omissions or mechanical breakdown of
CONTRACTOR'S equipment. The buildings are presumed to be vacant, but it shall be
CONTRACTOR' S responsibilitv to inspect the structures for inhabitants before
commencing with Remediation. The properties are also subject to illegal dumping and
other misuse, and it is expressly the CONTRACTOR's obligation to use caution while
performing the work at all times.
1.12 CITY may terminate this Agreement for cause or at its convenience at any time during
the period of performance. If termination is for cause, CONTRACTOR shall immediately
cease further services and shall be compensated only for that work completed up to the
date of termination and completed in full conformance with this Agreement including the
Contract Documents attached. If termination is for the CITY's convenience,
CONTRACTOR shall be compensated for that work completed or partially completed up
to the date of termination and performed in full conformance with this Agreement and the
Contract Documents attached; CONTRACTOR shall also be compensated for any
additional charges reasonably incurred by CONTRACTOR in preparation for the
performance of any further services required by this Agreement, said additional charges
to be determined by the CITY. Other than as stated herein, CONTRACTOR shall have
no other claim or recourse against the CITY for termination of the Agreement.
1.13 This Agreement may not be subcontracted, in whole or in part, without the CITY'S
express written approval in advance of the services.
114 CONTRACTOR shall not discriminate against any employee or subcontractor because of
race, color, religion, sex, national origin, age, or disability.
1.15 The provisions of this Agreement are severable, and if any provision or part of this
Agreement or the application thereof to any person or circumstance shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Agreement shall not be affected thereby.
116 This Agreement embodies the entire understanding between the parties and there are no
prior effective representations, warranties, or agreements, written or oral, between the
parties.
1.17 This Agreement shall be subject to all present and future valid laws of the United States,
State of Texas, and Ordinances of the City of Paris, Texas.
" 169
1.18 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 far the Eastern
District of Texas.
1.19 By executing this Agreement, the CONTRACTOR hereby certifies that the only person
or persons interested in this Agreelnent as principals are named herein, and the
CONTRACTOR during the bid process or otherwise has not, either directly or indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action
in restraint of free competitive bidding in connection with the services contracted herein.
Collusion in the bid process will constitute a substantial breach of the contract and justify
termination of the Agreement by the CITY for cause.
Executed in duplicates, each of which is deemed to be an original and effective as of the day and
date first written in this Agreement.
This Agreement will be effective following City Council approval on August 22, 2011.
Contractor
911 Restoration, Inc.
Name:
Title:
Date:
(Corporate Seal)
ATTEST:
CITY OF PARIS, TEXAS
Gene Anderson, Interim City Manager
Date:
(Corporate Seal)
ATTEST:
Janice Ellis, City Clerk
Address for giving notices:
911 Restoration, Inc.
10031 Monroe Drive, Suite 307
Dallas, Texas 75229
Address for giving notices:
Shawn Napier, City Engineer
150 SE 1 s` Street
Paris, Texas 75460
° ` 170
MASTER SPECIFICATIONS
DEMOLITION AND DISPOSAL OF VARIOUS STRUCTURES
AT THE GRAND THEATER
CITY OF PARIS, TEXAS
1 DEFINITIONS:
1.1 CITY shall mean the City of Paris.
1.2 Contractor shall mean the person or firm who is awarded the Remediation Project
described herein.
1.3 Cleaning and removal of trash and debris shall mean the use of any mechanical or hand
method by which filth, rubbish, refuse, or other matter that might be unhealthy andlor
unsightly is removed from any property or lot and disposed of by approved methods as
delineated in the Code of Ordinances.
1.4 Director of Engineering, Planning Development means the Director of Engineering,
Planning and Development for the City of Paris.
1.5 Demolition shall mean the safe, timely, and complete removal of specified structure with
the debris removed to local Waste Management landfill.
1.6 Utilities shall include services provided to the structure including gas, water, and
electricity. Other services may be involved in a particular contract.
1.7 Mature tree shall mean a tree having a trunk circumference of at least ten (10) inches but
less than sixty (60) inches measured four and one-half (41 /2) feet above natural grade
level.
1.8 Protected tree shall mean any tree having a circumference of sixty (60) or more,
measured four and one-half (4 1/2) feet above natural grade level.
2 GENERAL
2.1 Work included
A. Provide all labor, materials, services, equipment, and disposal necessary or
reasonably incidental to the removal of all designated structures.
2.2 Requirements of Regulatory Agencies
A. Perform demolition, transportation, and debris disposal in accordance with all
applicable Federal, State, and local statutes, codes, and ordinances.
B. Obtain transportation and debris disposal permits prior to commencing work.
-1'71
C. File and obtain local and state demolition permits and notices.
2.3 Examination
2.4
2.5
2.6
A. CONTRACTOR shall survey the existing conditions prior to beginning on-site
demolition operations.
B. Verify that existing utilities to be removed have been disconnected and capped.
C. If unanticipated mechanical, electrical, or structural elements that conflict with the
intended function or design of the site are encountered, investigate and measure
the nature and extent of the conflict.
Utility Services
A. Maintain existing utilities in service and protect against damage during demolition
operations.
B. Schedule any utility outages with the Director of Engineering, Planning and
Development prior to disconnection.
Protection
A. CONTRACTOR shall be responsible for the safety of personnel and operations.
CONTRACTOR shall provide appropriate safety warnings for the protection of
the work area. Provision of safety includes use of appropriate barricades, traffic
control, control of the use of equipment near traffic or pedestrians, and provision
of other controls and warnings as needed or as specified herein.
B. CONTRACTOR shall continuously maintain adequate protection of all adjacent
construction against damage or loss from the operations performed under this
section. CONTRACTOR shall make good any such damage, injury, or loss,
except such as may be directly due to the actions of the CITY or its agents or due
to causes beyond CONTRACTOR's control and not to his fault ar negligence.
C. All demolition that involves the removal or disturbance of asbestos containing
materials shall be performed in accordance with all applicable State and Federal
codes and regulations.
D. Equipment and tools left on the property are the responsibility of
CONTRACTOR. CITY shall not be responsible for theft, damage, or adverse use
of the equipment.
Sequencing/Scheduling
A. CONTRACTOR shall work with the CITY and the Director of Engineering,
Planning and Development to sequence and schedule work as necessary to obtain
substantial completion in accordance with the project schedule.
~-1'72
B. Proper coordination for the shut-off of utility services and control measures for
dust and noise must occur prior to commencement of any demolition work.
3 EXECUTION
3.1 Preparation
A. Verify termination of utilities prior to commencing demolition activities on any
structure.
B. Coordinate maintenance of power, water, or other utilities necessary for any
adjacent building operations.
3.2 Remediation
A. Perform remediation in a manner to prevent injury or damage to persons, property,
and adjacent roadways and structures and take care not to weaken or otherwise
damage structural integrity of any work to remain.
B. Sprinkle asbestos affected debris with water to lay dust daily, but not to the extent
of creating flooding.
C. Remove designated structures in their entirety to the slab.
D. Fill any voids or ruts caused by CONTRACTOR in the act of performing the Work
with soil and evenly compact to density of adjacent soil.
E. Salvage, protect, and relocate any structures or materials designated for
preservation by Owner.
F. Overall safety and adverse impact to the neighborhood shall be considered a
priority. CONTRACTOR shall provide remediation within hours which are
reasonable to the conditions of the neighborhood.
G. CONTRACTOR shall not leave the work site when portions of a structure or other
items are in a dangerous condition. Such conditions may require posting a guard
or continuing the demolition until the condition is relieved.
H. Mature and protected trees found on a property shall be protected.
CONTRACTOR shall work around the tree carefully to prevent damage to the tree
and its root system. Sapling trees and sprouts may be removed only if they are
found in a path needed for access to the structures.
3.3 Adjustment and Cleaning
A. Remove debris on a daily basis.
B. Do not store or burn materials on site.
1- 173
3.4 Schedules
A. Remediation shall be carried out in such a manner as to protect any adjacent facilities,
operations, and personnel as much as possible.
4. ASBESTOS
4.1 Survey
A. Asbestos inspection records indicate an asbestos content within floor, wall, ceiling
and roof components in a(n) section(s) of the Grand Theater. In their current
condition, that section(s) materials are classified by the EPA NESHAP 40 CFR
61.141 as regulated asbestos-containing materials (RACM).
B. CONTRACTOR shall obtain from CITY copy of the inspection records and maintain
such at the job site throughout project duration.
4.2 Permitting/Profiling
A. Notices under the National Emissions Standards for Hazardous Air Pollutants
(NESHAP) and Texas Department of State Health Services (TDSHS) regulations
shall be filed by CONTRACTOR in a timely manner as required far the
demolition to start as directed by CITY. CONTRACTOR shall not be responsible
for notification fees in their bid. CONTRACTOR sha11 be responsible for
obtaining and filing all additional permits and notices where required by local
ordinances.
B. CONTRACTOR shall profile waste materials accarding to landfill requirements.
4.3 Regulatory Compliance
A. CONTRACTOR shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public authority bearing on the
safety of persons or property or their protection from damage, asbestos exposure,
injury or loss. These rules and regulations include, but are not limited to:
• EPA's National Emissions Standards for Hazardous Air Pollutants
(NESHAPS) 40 CFR Part 61, Sub-parts A and M
• Texas Department of State Health Services concerning Texas Asbestos Health
Protection Act
• OSHA's final Asbestos Rules, for the construction industry, found at 29 CFR
Section 1926.1101, and following; and where applicable, for general industry,
found at 29 CFR 1910.1001 and following.
B. CONTRACTOR shall erect and maintain, as required by existing conditions and
progress of the work, all reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent utilities.
-y 174
4.4 Site Operations
A. All work requiring the disturbance of asbestos contaminated materials shall be
performed within the established boundaries of a regulated area. These
boundaries shall be marked using red and black danger tape and shall be strictly
controlled with access limited to properly trained personnel only. Haul truck
drivers shall be exempt to the training requirements but must remain inside air
conditioned cabs at all times while within the regulated area boundaries.
B. All activities involving the disturbance of asbestos contaminated materials shall
be performed using wet removal methods. Wetting shall be performed continually
during demolition work. Excessive water or pooling of water must be contained
and water filtered to (5) five micros or collected for disposal as contaminated.
C. The final visual inspection shall be performed at the contractor's request prior to
job completion. The final visual inspection shall be performed by the Director of
Community Development.
4.5 Disposal
A. All asbestos-containing material and suspected asbestos-containing material,
including all polyethylene packaging, will be packaged according to landfill
requirements and properly labeled. Disposal shall be at a Type I Municipal Solid
Waste Disposal site as permitted by the Texas Commission on Environment
Quality (TCEQ/Texas Department of State Health Services). All material shall be
disposed of on waste shipment records as specified in the NESHAP regulations or
on an EPA Form 8700-22 Hazardous Waste Manifest. The CITY's address shall
be shown as follows:
City of Paris
Attn: Engineering, Planning and Development Department
P. O. Box 9037
Paris, TX 75460
and will be signed by an authorized representative of CITY. All Department of
Transportation (D.O.T.) regulations shall be complied with in regard to the
transporting of the asbestos-containing materials.
B. Concrete slabs are to remain in place. Where asbestos adhesives are present on slabs
the asbestos adhesives must be removed prior to job completion.
C. All asbestos-containing waste materials shall be removed from the site at or before
the time of final acceptance and properly disposed of within ten (10) days of project
completion.
D. All construction debris removal from the site shall be considered asbestos
contaminated. No separation of waste materials shall be allowed without written
authorization.
~ . 175
E. All waste disposal vehicles and/or containers used to transport or store waste
materials shall be properly labeled in accordance with the requirements of 40 CFR
61.152. All such vehicles and/or containers shall be poly lined to the extent needed to
maintain a leak tight status until waste is delivered to authorized landfill.
4.6 Air Monitoring
A. Air monitoring for asbestos exposure levels shall be performed daily throughout
all phases of demolition work which disturbs asbestos contaminated materials.
CONTRACTOR shall insure that personnel responsible for collecting and
analyzing samples are properly licensed by the Texas Department of State Health
Services. Personnel having full NIOSH 582 training and/or Texas licensing shall
be on site to perform the required air monitoring. All samples shall be analyzed
by a Texas licensed asbestos laboratory. CONTRACTOR shall be responsible for
ensuring that all costs related to air monitoring are included in his bid.
B. Ambient air samples shall be collected on a daily basis during all work involving
the disturbance of asbestos-containing materials. Ambient samples shall be
collected at the following locations:
• Upwind
• Two Downwind Locations
• Track Hoe Cab Exterior
C. CONTRACTOR shall also collect personal samples on his workers in accordance
with OSHA regulations during all demolition operations.
D. CONTRACTOR shall supply CITY with copies of personal and ambient sample
analysis results within 24 hours of the date of analysis. CONTRACTOR shall
post the sample results for the workers to review on his notice board.
E. Daily logs shall record all sample locations and personnel affected by monitoring
results.
4.7 Licensing/Submittals
A. CONTRACTOR is considered exempt from the state asbestos licensing
requirements of the Texas Asbestos Health Protection Act. All supervisors and
workers involved with the project shall be EPA accredited and shall have current
medical evaluations and respirator fit tests in accordance with the OSHA
requirements of CFR 1926.1101.
B. Pre job Submittals - The following information shall be provided to CITY prior
to the start of work:
• 40 Hour Supervisor/Contractor Asbestos Training
• 32 Hour Worker Asbestos Training
• Air monitoring training/licensing
176
• Asbestos licensing for laboratory
• Respirator fit testing records for each supervisor and worker
• Medical evaluation records for each supervisor and worker
• General safety program manual
C. The following items shall be delivered to the owner within (10) ten days of the
project completion:
1. Hazardous Waste Manifests
2. Project Job Log
3. Copies of all final laboratory analysis reports: Ambient and Personal
sample results.
4.8 Worker Protection
A. CONTRACTOR's workers shall, at a minimum, be required to wear disposable
clothing and MSHA/NIOSH approved Half-Face Air Purifying Respirators.
CONTRACTOR bears all responsibility for providing the maximum amount of
respiratory protection and other personal protective equipment that he deems
necessary to adequately protect his workers and the environment.
4.9 Project Management
A. The Director of Community Development, or designee, shall have the authority to
dismiss any of CONTRACTOR's personnel, including supervisors, from the job
site for unsafe practices, substandard work, attitudes non-conducive to good
working relationships, improper conduct, theft, vandalism. Personnel dismissed
shall be banned from the premises for the duration of the contract.
11 177
NOTICE OF AWARD
TO: 911 RESTORATION
ADDRESS: [6142 Hwy 276 ]
[Royce City, Texas 75189]
PROJECT DESCRIPTION: Grand Theater Remediation Phase I of the Grand Theater in the
City of Paris, Texas
The CITY has considered the BID submitted by you for the above described WORK in response
to its Advertisement for Bids dated December 2 2011, and Information for Bidders.
You are hereby notified that your BID has been accepted as follows:
11
You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance
within fifteen (15) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within fifteen (15) days from
the date of this Notice, CITY will be entitled to consider all your rights arising out of the CITY' S
acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The CITY will be
entitled to such other rights as maybe granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY.
Dated this day of 2010.
City of Paris, Paris, Texas (CITY)
By:
Gene Anderson, Interim City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
this day of , 2011.
By:
Title:
-..178
NOTICE TO PROCEED
To: [Total Abatement Systems Corporation] Date: [May 9,th 2011 ]
Project: Grand Theater Remediation Phase I Project
You are hereby notified to commence WORK in accordance with the Agreement dated [May 91,
2011, on or before 2011, and you are to complete the WORK within sixteen (16) consecutive
calendar days thereafter. The date of completion of all WORK is therefore 2011.
CITY
By:
Gene Anderson, Interim City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the day of , 2010.
CONTRACTOR
By:
Title:
Y 1 179
CHANGE ORDER
Order No.
D ate:
Agreement Date:
NAME OF PROJECT: Demolition and Disposal of Various Structures at the Casa Bonita
Apartment Complex
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Change to CONTRACT PRICE:
Original CONTRACT PRICE:
$
Current 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
The date for completion of all work will be
Requested by: _
Recommended by:
Accepted by:
caienaar
days
(Date).
11 180
RECEIPT FOR PAYMENT AND RELEASE OF LIENS
DATE:
Received this date from , as full and final payment, the cost of the
Work provided for in the foregoing Agreement between the City of Paris, , Texas (CITY), and
(CONTRACTOR), dated , 2010,
for dollars, being the
remainder of the full 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 various structures at the Casa
Bonita Apartment Complex, and all incidentals thereto, and the undersigned hereby releases
CITY from all claims whatsoever growing out of said Agreement.
And these presents are to certify that all persons doing work upon or furnishing materials for said
improvements under the foregoing contract have been paid in full.
In witness whereof the undersigned has hereto set his hand and seal this day of
, 20 ] 0.
CONTRACTOR:
BY:
(CORPORATE SEAL)
Subscribed and sworn to before me this day of 12010.
Notary Public
My commission expires
" 181
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