2012-066 RES AWARDING CONTRACT TO NCM DEMOLITION AND REMEDIATION LP FOR GRAND THEATER HAZARDOUS MATERIALS REMEDIATION PHASE II PROJECTRESOLUTION N0. 2012-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AWARDING A CONTRACT TO 1VCM DEMOLITION AND REMEDIATION, LP,
CORPORATION FOR THE GRAND THEATER HAZARDOUS MATERIALS
REMEDIATION PHASE II PROJECT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris contracted with Terracon to determine what hazardous
materials and waste are on site and developed plans and specifications for removal of the
waste. The next step is for Terracon to provide oversight of NCM Demolition and
Remediation, LP., to for Phase II removal of the hazardous materials and waste in
accordance with applicable state and federal regulations ; and,
WHEREAS, the lowest responsible bid providing the best value to the City was
received from NCM Demolition and Remediation, LP; and,
WHEREAS, the contract should be awarded to NCM Demolition and Remediation, LP
in accordance with the unit prices bid and the other terms and conditions set out in the
Terracon bid and the Request For Bid and Master Specifications for the Grand Theater
Hazardous Materials Remediation Phase II Project, attached hereto as Exhibit "A"; and,
WHEREAS, the City Manager should be authorized to execute the necessary
documents on behalf of the City of Paris, in the form attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in
all things approved.
Section 2. That the bid of NCM Demolition and Remediation, LP, for the Grand
Theater Hazardous Materials Remediation Phase II 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, Bid Documents and Project
Specifications for the Grand Theater Hazardous Materials Remediation Phase II Project
attached hereto as Exhibit "A" and timely execution of a written contract with the City of
Paris.
Section 3. That the City Manager of the City of Paris, be, and he is hereby authorized
and directed to execute on behalf of the City of Paris the Grand Theater Hazardous
Materials Remediation Phase II Project for the work referenced herein 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 25th day c
ATTEST:
,
ice Ellis, City Clerk
APPROVED AS TO FORM:
~
W. Kent Mc yar, Attorney
AGREEMENT FOR HAZARDOUS MATERIALS
REMEDIATION GRAND THEATER
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule
municipal corporation, hereinafter called "CITY," and NCM Demolition and Remediation, LP
with main offices located at 9090 N. Stemmons, Suite C, Dallas, Texas 75247; hereinafter called
"CONTRACTOR", effective as of June 25, 2012.
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 II attached hereto and incorporated
herein as Exhibit "A", and CONTRACTOR's Bid attached hereto and incorporated
herein as Exhibit "B" (hereinafter collectively referred to as the "Bid Documents".)
1.02 CONTRACTOR shall complete Work assigned under this Agreement within fourteen
(14) calendar 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 Phase II Project at the Grand Theater,
Paris, Texas for a total cost of FORTY SEVEN THOUSAND FIVE HLTNDRED
THIRTY NINE DOLLARS AND 65/100, ($47,539.65). CONTRACTOR must submit
invoices to CITY within thirty (30) days of completion of the Work. No additional
charges will be permitted unless approved in advance in writing by CITY as a change
order. No extra charges will be permitted for weather delays. CONTRACTOR will be
paid within thirty (30) days of receipt of invoice by CITY for Work completed in
conformance with this Agreement, the Bid Documents, and City Work Orders. Nothing
herein shall require CITY to expend more funds than that amount approved by the City
Council.
1.04 CONTRACTOR covenants and agrees that CONTRACTOR is an independent contractor
and not an officer, agent, servant, or employee of CITY; that CONTRACTOR shall have
exclusive control of and exclusive right to control the details of the Work performed
hereunder and all persons performing same, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and consultants;
that the doctrine of respondeat superior shall not apply as between CITY and
CONTRACTOR, its officers, agents, employees, contractors, subcontractors, and
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consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between CITY and CONTRACTOR.
1.05 CONTRACTOR shall be responsible for the safety of operations and shall provide
appropriate safety warnings for the protection of the work area. Provision of safety
includes use of appropriate bamcades, 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 and agents 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 must, at all times during the term of this Agreement, keep and maintain
in full force and effect a policy or policies of insurance, providing at least $500,000.00
per occurrence and $1,000,000.00 aggregate for bodily injury or death and $500,000.00
for any single occurrence for injury to or destruction of property, indemnifying all
persons for any and all damages, personal injuries, or property damages sustained as the
result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall
pay all premiums due thereon when due.
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
carniers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or
furnish to said City Clerk a current letter or certificate from such company or companies,
evidencing the fact that such insurance is in full force and shall remain in effect at all
times during this contract period. All such policies shall be written so that CITY will be
notified of cancellation or of any restrictive amendment of the policies at least thirty (30)
days prior to the effective date of such cancellation or amendment. Notice shall be made
to the CITY by certified mail, return receipt requested, addressed to the City of Paris at
the following address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas
75461-9037.
1.10 CONTRACTOR shall timely perform and complete the Work herein in accordance with
this Agreement and the Bid Documents attached. In the event CONTRACTOR shall
default in any covenant, condition, provision, or stipulation herein contained, CITY will
notify CONTRACTOR verbally or, at its discretion, in writing, that a default has
occurred. Notice when given shall include a description of the default and the time within
which CONTRACTOR must correct or remedy the default. CONTRACTOR remains
solely responsible to complete the work as contracted, whether notified of a default by
CITY or not, and failure of CITY to notify of such default shall not excuse
CONTRACTOR's obligations hereunder.
1.11 CITY will not be responsible for CONTRACTOR's faulty work or additional work
required by CONTRACTOR's errors or omissions or mechanical breakdown of
CONTRACTOR's equipment. The buildings are presumed to be vacant, but it shall be
CONTRACTOR's resnonsibilitv to insnect the structures for inhabitants before
commenciny, 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
Bid Documents attached. If termination is for the CITY's convenience, CONTRACTOR
shall be compensated for that work completed or partially completed up to the date of
termination and performed in full conformance with this Agreement and the Bid
Documents attached; CONTRACTOR shall also be compensated for any additional
charges reasonably incurred by CONTRACTOR in preparation for the performance of
any further services required by this Agreement, said additional charges to be determined
by the CITY. Other than as stated herein, CONTRACTOR shall have no other claim or
recourse against the CITY for termination of the Agreement.
1.13 This Agreement may not be subcontracted, in whole or in part, without the CITY's
express written approval in advance of the services.
1.14 CONTRACTOR shall not discriminate against any employee because of race, color,
religion, sex, national origin, age, or disability.
1.15 The provisions of this Agreement are severable, and if any provision or part of this
Agreement or the application thereof to any person or circumstance shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Agreement shall not be affected thereby.
1.16 This Agreement embodies the entire understanding between the parties and there are no
prior effective representations, warranties, or agreements, written or oral, between the
parties.
1.17 This Agreement shall be subject to all present and future valid laws of the United States,
State of Texas, and Ordinances of the City of Paris, Texas.
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 for the Eastern District of Texas, Tyler Division.
1.19 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 CITY for cause.
Executed in duplicates, each of which is deemed to be an original and effective as of the day and
date first written in this Agreement.
This Agreement will be effective on June 25, 2012.
NCM DEMOLITION AND
REMEDIATION, LP
Chip Breitbarth, Chief Estimator
CITY OF PARIS, TEXAS
~
4GO win, CitY Manager
(Corporate Seal)
ATTEST:
Address for giving notices:
9090 N. Stemmons, Suite C
Dallas, Texas 75247
(Corporate Seal)
ATTEST:
Janice Ellis, City Clerk
Address for giving notices:
150 SE 1 St Street
Paris, Texas 75460
ACKNOWLEDGMENTS
BEFORE ME, the undersigned authority, on this day personally appeared John Godwin,
City Manager of the City of Paris, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY
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STATE OF TEXAS §
§
COUNTY OF LAMAR §
HAND AND SEAL OF OFFICE, this a,-_) day of
~
Notary Public, State ~of Texas
BEFORE ME, the undersigned authority, on this day personally appeared
Name Title
of NCM Demolition and Remediation, LP, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
)2012.
.
Notary Public, State of Texas