HomeMy WebLinkAboutPR 21343: AWARDING CONTRACT TO LEEDS ENVIRONMENTAL SERVICES GROUP C City of - .—
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Texas
INTEROFFICE MEMORANDUM
Development Services Department
Code Compliance-Demolition Division
Date: March 31,2020
To: Ronald Burton,City Manager; Pamela Langford, Director of Development Services
From: Darlene Thomas-Pierre, Code Compliance Manager
Re: P. R. NO. 21343—AWARDING A CONTRACT T LEEDS ENVIRONMENTAL SERVICES FOR
LAND CLEARING (REMOVAL OF SLABS & FENCES) OF FIVE (5) VACANT PROPERTIES
(GROUP C) LOCATED THROUGHOUT THE CITY
COMMENT
Nature of the Request:
Staff recommends that the City Council adopt P. R. No. 21343 authorizing the City Manager to execute a contract
with Leeds Environmental Services in the amount of$10,000.00 for land clearing(removal of slabs & fences) of
five(5)vacant properties located throughout the city.
Staff Analysis/Considerations:
Quotes for land clearing of five (5) vacant properties were received on March 20, 2020. Leeds Environmental
Services is the lowest responsible bidder for five (5) properties; their bid is $10,000.00 for Group C, to be
completed within three (3) working days from the date they receive a Notice to Proceed. Although Consider Us
was the lowest bidder, they withdrew their bid, stating that they calculated their bids in error. Bid award is based
on the lowest and most responsive bid. BBC Contracting bid $27,000.00 (15 days); Consider Us bid $1,935.00 (7
days); Mikey's Home Remodeling and Construction LLC., bid$17,600.00(5 days);DD Demolition bid $12,750.00
(7 days); Triple H Excavation Services bid $13,020.00 (7 days); and Greenway Roofing & Home Improvements
bid$11,500.00(10 days). See chart below. The bid tabulation follows.
CONTRACTOR GROUP B
*Leeds Environmental Services;Cleveland,Texas 10,000.00
BBC Contracting; Beaumont,Texas 27,000.00
**Consider Us; Beaumont,Texas 1,935.00
Mikey's Home Remodeling and Construction LLC; Seabrook,Texas 17,600.00
DD Demolition; Beaumont,Texas 12,750.00
Triple H Excavation Services;Vidor,Texas 13,020.00
Greenway Roofing&Home Improvements; Vidor,Texas 11,500.00
*Successful Bidder
**Consider Us withdrew their bid
(CONTINUED)
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LAND CLEARING CONTRACT-LEEDS ENVIRONMENTAL SERVICES 03/31/20 PAGE 2 OF 2
Recommendation:
Staff recommends that the City Council adopt P. R. No. 21343 thereby authorizing the City Manager to execute a
contract with Leeds Environmental Services in the amount of$10,000.00 for land clearing (removal of slabs &
fences)of five(5)vacant properties located throughout the city.
Budget Consideration:
Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No.
001-1052-517.59.00(General Fund; Other Contractual Service).
Attachment: Bid Tabulation
cc: Deborah Verret, Clifton Williams
VACANT LOTS TO BE CLEARED:
GROUP C (VACANT) (5) TYPE OF PROPERTY(S)
200 block E. 5th Street(rear of Moody-Harris Funeral Vacant lots (2) (remove all fencing,rotted trees&
Home(100x140) stumps,back fill with dirt&level), LEAVE city
sidewalk,remove all trash&debris,cut all high grass&
underbrush) trim curb&sidewalk
200 E. 6th Street (50x140) Vacant lot (1) remove the slab,rotted trees &stumps,
backfill with dirt&level),LEAVE city sidewalks,
(remove all trash&debris,cut all high grass&
underbrush) trim curb(s) &sidewalk(s)
201 E. 6th Street(50x140) Vacant lots (2) remove the slab,rotted trees&stumps,
backfill with dirt&level),LEAVE city sidewalk,
(remove all trash.&debris,cut all high grass &
underbrush) trim curbs&sidewalks
700 block E. 6th Street(left of 727) (25x140) Vacant lot(1) (remove fallen&rotted trees &stumps,
back fill with dirt&level),LEAVE city sidewalk,
(remove all trash&debris,cut all high grass &
underbrush) trim curb&sidewalk
727 E. 6,h Street(25x140) Vacant lot(1) (remove all fencing,rotted trees&
stumps,backfill with dirt and level),LEAVE city
sidewalk, (remove all trash&debris,cut all high grass&
underbrush) trim curb&sidewalk
"Remember we are here to serve the Citizens of Port Arthur"
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P. R. NO. 21343
03/31/20 VH
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO LEEDS
ENVIRONMENTAL SERVICES IN THE AMOUNT OF
$10,000.00 AND AUTHORIZING THE EXECUTION OF A
CONTRACT BY THE CITY MANAGER FOR LAND
CLEARING (REMOVAL OF SLABS & FENCES) OF FIVE (5)
VACANT PROPERTIES (GROUP C) LOCATED
THROUGHOUT THE CITY, TO BE CHARGED TO
ACCOUNT NO. 001-1052-517.59-00 (GENERAL FUND-
OTHER CONTRACTUAL SERVICE)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Council of the City of Port Arthur hereby awards a contract for land clearing
(removal of slabs & fences) of five (5) vacant properties (Group C) in the City of Port Arthur, to the best
and lowest responsible bidder to-wit: Leeds Environmental Services as delineated in Exhibit"A"; and,
THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on
behalf of the City of Port Arthur a contract between the City of Port Arthur and Leeds Environmental
Services for the contract price of$10,000.00 (a copy of said contract is attached hereto as Exhibit "B");
and,
THAT said contract is a duplicate of the standard form Contract previously approved by the City's
Legal Department; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED, AND APPROVED this the 14th day of April, A.D., 2020, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: MAYOR: Councilmembers:
3
P. R. NO. 21343
03/31/20 VH
NOES:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY SECRETARY CITY ATTWRNEY
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Exhibit "A"
EXHIBIT B
DEMOLITION CONTRACT
CITY OF PORT ARTHUR
THE STATE OF TEXAS COUNTY OF JEFFERSON
THIS AGREEMENT is made and entered into this 14th day of April, 2020 by and
between the City of Port Arthur, hereinafter called the "CITY", and Leeds
Environmental Services hereinafter called the "CONTRACTOR", in consideration of
the mutual agreements contained herein and for a total sum of Ten thousand dollars and
no cents ($10,000.00); we do hereby agree to all terms, conditions and specifications
contained herein and attached hereto; and we do hereby declare VALID this
AGREEMENT and CONTRACT:
WITNESSETH:
SECTION I
THE CONTRACTOR SHALL:
A. Furnish all labor, materials, tools, machinery, qualified supervision and all other
items and services necessary for satisfactory completion of specifications and
agreements contained herein for land clearing (removal of slabs & fences) and
cleanup at the properties described as G roup C described in the attached bid
sheets.
B. "Start the herein specified work on the date stated in the "Notice to Proceed", and
further diligently pursue same until satisfactorily completed on or before three (3)
working days, time being of the essence. It is further understood that if the
contract is not completed by the foregoing completion date, (or the said date as
extended pursuant to provisions of this contract), the CONTRACTOR shall be
assessed liquidated damages of one hundred fifty dollars ($150.00) per day for
each day the contract is not completed after said date. All Contractors are required
to have a Landfill Permit, which includes a minimum escrow account of one
thousand dollars ($1,000). If you opt not to set up an escrow account, you must
pay as you dispose by cash or cashier's check.
C. Perform all work in accordance with the terms of this AGREEMENT and the
DEMOLITION SPECIFICATIONS attached hereto.
D. Be responsible for obtaining all necessary and general and special permits and pay
any and all fees for said permits and any other fees, public or private, which may
be required by the United States, the State of Texas, Jefferson County, or the City
1
of Port Arthur, to satisfactorily complete the work as specified and agreed to
herein.
E. Furnish certificates of insurance to the City's Purchasing Agent evidencing that
the CONTRACTOR has obtained Workman's Compensation, General Liability
and Automobile Liability Insurance, which is required by the CITY for
performance of the work specified here. Minimum amounts of such insurance to
be obtained by the CONTRACTOR are as follows:
1. Statutory Texas Workman's Compensation Insurance (with waiver of
subrogation in favor of the City, its officers, employees and agents.
2. Commercial General Liability occurrence type insurance (products/ completed
operations coverage must be included and the City and its officers, employees,
and agents must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount;
and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for
contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
F. Furnish to the Purchasing Agent, City of Port Arthur, prior to commencing work,
certificates of insurance meeting the above listed insurance requirements for any
sub-contractors, haulers, or independent workmen used by the CONTRACTOR in
performance of the work specified herein.
G. Ensure that competent and qualified supervision is present on the job site at all
times while work is in progress and that all demolition work is pursued in such a
2
H. manner as to maximize the safety of all workmen, the general public and
surrounding property.
I. Comply with the Civil Rights Act of 1964 and Section 109 of the Housing and
Community Development Act of 1974, to wit: No person in the United States
shall, on the ground of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or part with funds made available under
this title.
SECTION II.
THE CITY SHALL:
A. Inspect the Demolition work in progress to ensure that such work is being carried
out in accordance with the terms of this AGREEMENT and the DEMOLITION
SPECIFICATIONS attached hereto.
B. Compensate the CONTRACTOR according to the following method: Except as
hereinafter provided, payment for the land clearing Contract will be made in a
lump sum after completion and acceptance of the contract work. One progress
payment may be requested when at least fifty percent (50%) of the contract work
is completed. Ten percent (10%) of the progress payment will be retained. This
retainage will be held in escrow by the City for a maximum of thirty (30) days
after satisfactory completion and acceptance of the Contract to guarantee the
completion of work. Thirty (30) days after said completion and acceptance, final
payment shall be made in a lump sum or total agreed price less the progress
payment, if made, by check issued by the City of Port Arthur and made payable to
the CONTRACTOR for the satisfactory completion of the work, described herein.
Any payments are subject to satisfactory intermediate and final inspections by the
City. Further, an applicable request for payment must be made by the
CONTRACTOR prior to each payment.
SECTION III
General Conditions:
A. If performance by the CONTRACTOR is prevented or delayed as a direct result of
acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God,
such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one (1)
working day of additional time will be allowed to the CONTRACTOR for each
working day lost from such cause, provided the CONTRACTOR, within three (3)
days after the beginning of such delay, gives written notice to the City.
B. If for any reason, other than those specified above, the CONTRACTOR at any
time fails for a period of five (5) consecutive working days to supply enough
3
skilled workers or otherwise neglects to execute the work properly, the CITY,
after these five (5) working days may give written notice to the CONTRACTOR
terminating his contract.
C. The CONTRACTOR shall repair or replace, if necessary, to the City's
satisfaction, any damage to the work site, the adjacent areas, the access areas to
the work site and to any elements within these areas that may have suffered
damage as a result of the CONTRACTOR'S or any of the subcontractor's
operations. The CONTRACTOR shall leave these areas in a satisfactory and
workmanlike condition, at least equal to that existing before the CONTRACTOR
hereunder started his work.
D. The CONTRACTOR agrees to indemnify and hold harmless the City of Port
Arthur, Texas from any and all claims, and damages of any and every kind for
injury to or death of any person, and damages to property arising out of the
demolition.
E. Any amendments to this contract shall be written and must be executed by both
the CITY and the CONTRACTOR prior to the implementation of any such
change.
F. This CONTRACT and AGREEMENT embodies and represents all of the rights,
duties and obligations of the CITY and the CONTRACTOR and any oral or
written agreements prior to the date first above written, not included or embodied
herein shall be declared void and not be binding or of benefit to any of the parties
herein mentioned.
SECTION IV
Particular Requirements:
A. Other particular work requirements are contained in the DEMOLITION
SPECIFICATIONS, which are attached hereto and made a part hereof as Exhibit
"B-1"
B. ALL LAND CLEARING BIDS SHALL INCLUDE REMOVAL OF ALL
CONCRETE (EXCEPT CITY SIDEWALK), DOWNED & ROTTED
TREES/BRUSH/STUMPS/FENCES & HAUL TO LANDFILL, ETC.,
UNLESS OTHERWISE NOTED.
SECTION V
If the CONTRACTOR materially defaults in (a) failing to have liability insurance; (b) not
completing the CONTRACT within the time required; or (c) uses demolition procedures
that are dangerous to the health and safety of residents and/or adjoining residents, the
4
Director of Code Enforcement has the authority to issue a cease and desist order until this
matter can be reviewed by the City Council.
SIGNED AND AGREED TO this day of , A.D. 2020:
LEEDS ENVIRONMENTAL SERVICES
WITNESSED
SIGNED AND AGREED TO this day of , A.D. 2020:
CITY OF PORT ARTHUR
CITY MANAGER
WITNESSED
5
EXHIBIT"B-1"
DEMOLITION SPECIFICATIONS
CITY OF PORT ARTHUR
I. TITLE
The provisions embraced within these sections and subsections shall constitute; be known as;
and will be referred to herein and in any relevant AGREEMENT and CONTRACT as
"DEMOLITION SPECIFICATIONS".
II. SCOPE
The scope and purpose of these specifications is to establish certain regulations, general
requirements, and particular requirements necessary for the demolition, removal and cleanup of
the unsafe and/or unsanitary structure(s) as required by the Development Services Department of
the City of Port Arthur.
III. CONTRACTOR BIDS
Contracts for the land clearing of properties will be awarded in accordance with the terms and
conditions listed in the Development Services Department's BID FORM FOR DEMOLITION.
The completion of the land clearing package will be of vital importance to the City. The number
of calendar days given on the proposal form will be used to establish the completion date as used
in the Contract. In case the work is not completed within the time specified in the Contract, there
shall be liquidated damages of one hundred fifty dollars ($150) per day for each day exceeding
the completion date.
IV. INSURANCE REQUIREMENTS
A. The Contractor shall, upon submission of bid, furnish the City with certificates of
insurance, indicating the existence of Statutory Workman's Compensation Insurance,
General and Auto Liability, Public Liability, and Property Damage Insurance. Such
insurance must be issued by a company authorized to do business in the State of Texas.
Such a certificate must contain a provision requiring not less than fifteen (15) days prior
notice in writing to the City of any change or termination of said insurance. All
insurance is to remain in force until the job of clearing the premises has been completed
and the work has been accepted by the City.
B. The Contractor/Successful Bidder must obtain and furnish to the City proof of insurance
in the following minimum amounts:
1. Statutory Texas Workman's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
1
EXHIBIT"B-1"
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
V. PERMITS
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other
governmental entities, at his own expense, all necessary general and special permits and pay any
and all fees for said permits and any other fees, public or private.
All Contractors are required to have a Landfill Permit, which includes a minimum escrow
account of one thousand dollars ($1,000). If you opt not to set up an escrow account, you
must pay cash or by cashier's check as you dispose.
VI. GENERAL CONDITIONS AND REQUIREMENTS
The following list of conditions and requirements are to be understood as being a general guide
in the demolition of structures. It must be noted, however, that there are special requirements
listed below in Section VII of these specifications, which are in addition to these general
requirements for demolition, and that it is the responsibility of the Contractor/Successful Bidder
to comply with all particular requirements.
A. It is understood and agreed that the Contractor/Successful Bidder will function and
operate as an independent contractor. Any liability incurred by the Contractor/Successful
Bidder will accrue only to that party as an independent contractor and not to the City of
Port Arthur.
B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the
Contractor/Successful Bidder without prior, written approval of the Community
Services Department. No subcontractor will be approved unless that subcontractor meets
the same insurance requirements specified for and required of the Contractor.
C. The demolition work specified herein shall be performed in a safe, satisfactory condition,
starting with the roof and working down, with the safety and welfare of all people and
property being of the highest priority.
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EXHIBIT"B-1"
D. All materials, debris, and rubble from the land clearing specified herein will become the
property of the Contractor/Successful Bidder. Salvage can only begin immediately prior
to the beginning of demolition.
E. The Contractor/Successful Bidder will be held responsible for repair of broken or
damaged water, gas, or any other type of lines, which occur during the course of the
demolition work. The Contractor shall repair or replace, if necessary, to the City's
satisfaction, any damage to the work site, the adjacent areas, the access areas to the work
site and to any elements within these areas that may have suffered damage as a result of
the Contractor's or any of the subcontractor's operations. The Contractor shall leave
these areas in a satisfactory condition.
F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials;
and no debris or rubble which may pose a threat to public safety will be left on the site
overnight. No such debris or material will be placed on a sidewalk or public right-of-way
so that it poses a danger to any person.
G. All land clearing work must be carried out to the satisfaction of the City's Inspections
Official.
H. The City (without prejudice to any other right or remedy it may have) has the right to
terminate the contract in the event of any default by the Contractor after giving the
Contractor seven (7) days written notice. Such notice of termination shall be subsequent
to default by the Contractor and after receiving written notice from the City certifying
cause for such action. In addition to other events of default or grounds for termination
identified in the contract, it shall be considered default by the Contractor whenever he/she
shall:
1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of
his/her creditors.
2. Violate or disregard provisions of the Contract or instruction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion,
including amendments and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or failure to make prompt payment therefor.
If the Contract is terminated as provided above or as provided in the Contract, the City
will engage another contractor to complete the work. Payment for the completion of such
work will come from funds obligated by the City under its contract with the original
Contractor.
J. METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
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EXHIBIT"B-1"
K. PAYMENT WITHHELD
Any part or the whole of any payment may be withheld by the City to the extent deemed
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. Reasonable evidence indicating the probability of filing claims against the
Contractor.
4. Failure of the Contractor to make proper payments to subcontractors or for
materials or for labor.
5. The contract cannot be completed for the then unpaid balance.
6. Unsatisfactory progress of the work by the Contractor.
When the above grounds are removed, the amount withheld because of them shall be paid to the
Contractor subject to and within the other terms of this contract.
L. CONTRACT PAYMENT RETAINAGE
Contract payment retainage shall be as provided in the Contract.
VII. PARTICULAR WORK REQUIREMENTS
The following particular work requirements and conditions apply specifically to the vacant
properties which are located at and described as:
LAND CLEARING OF FIVE (5) VACANT PROPERTIES:
GROUP C (VACANT) (5) TYPE OF PROPERTY(S)
200 block E. 5th Street(rear Vacant lots (2) (remove all fencing,rotted trees&stumps,back fill with dirt
of Moody-Harris Funeral &level),LEAVE city sidewalk,remove all trash&debris,cut all high grass
Home(100x140) &underbrush) trim curb&sidewalk
200 E. 6th Street (50x140) Vacant lot(1) remove the slab,rotted trees &stumps,backfill with dirt&
level), LEAVE city sidewalks, (remove all trash&debris,cut all high grass
&underbrush) trim curb(s) &sidewalk(s)
201 E. 6th Street(50x140) Vacant lots (2) remove the slab,rotted trees &stumps,backfill with dirt&
level),LEAVE city sidewalk, (remove all trash&debris, cut all high grass &
underbrush) trim curbs&sidewalks
700 block E. 6th Street(left Vacant lot(1) (remove fallen&rotted trees&stumps,back fill with dirt&
of 727) (25x140) level), LEAVE city sidewalk, (remove all trash&debris,cut all high grass &
underbrush) trim curb&sidewalk
727 E. 6th Street (25x140) Vacant lot(1) (remove all fencing,rotted trees&stumps,backfill with dirt
and level), LEAVE city sidewalk, (remove all trash&debris,cut all high
grass &underbrush) trim curb&sidewalk
4
EXHIBIT"B-1"
A. Before any building or structure is demolished, its utilities shall be safely disconnected.
The Contractor shall serve notice to all suppliers of utilities to the building to be
demolished and have them disconnect the services and remove all meters and equipment
belonging to them. Forty-eight (48) hours' written notice must be given the City for
termination of their utilities. All piping and wiring shall be properly terminated. Any
costs incurred in the termination of utilities and services shall be borne by the Contractor.
B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors,
windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and
the cleaning and removal of all rubbish, trash or other debris that would inhibit or prevent
the mechanical mowing of said lot and premises.
C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath
demolished building(s) or structure(s) and all ruts or other depressions created during the
demolition work when the average depth of such depressions exceeds three (3) inches.
D. Any trees and shrubs designated by the Community Services Department will be cut
down and removed from the premises.
E. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches.
F. All sewer lines exposed through demolition work must be cut off within two (2) inches of
the surface to the ground or concrete slab and must be plugged with concrete in such a
manner as to prevent ground water incursion into the City's sanitary sewer system.
G. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE
NOTED.
H. HAZARDOUS MATERIALS
Materials defined by the Environmental Protection Agency to be hazardous to the
environment or persons, shall be disposed of in accordance with all local, state and
federal government regulations and governing laws. This shall be the responsibility of
the Contractor. The Contractor shall furnish written proof of such disposal.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS
Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand
dollars ($50,000) a payment bond is required. If the contract exceeds one hundred
thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent
(100%) of the contract price with corporate surety duly authorized to do business in the
State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified
and effective date copy of their Power of Attorney.
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DEMOLITION CONTRACT
CITY OF PORT ARTHUR
THE STATE OF TEXAS COUNTY OF JEFFERSON
THIS AGREEMENT is made and entered into this 14th day of April, 2020 by and
between the City of Port Arthur, hereinafter called the "CITY", and Leeds
Environmental Services hereinafter called the "CONTRACTOR", in consideration of
the mutual agreements contained herein and for a total sum of Ten thousand dollars and
no cents ($10,000.00); we do hereby agree to all terms, conditions and specifications
contained herein and attached hereto; and we do hereby declare VALID this
AGREEMENT and CONTRACT:
WITNESSETH:
SECTION I
THE CONTRACTOR SHALL:
A. Furnish all labor, materials, tools, machinery, qualified supervision and all other
items and services necessary for satisfactory completion of specifications and
agreements contained herein for land clearing (removal of slabs & fences) and
cleanup at the properties described as Group C described in the attached bid
sheets.
B. "Start the herein specified work on the date stated in the "Notice to Proceed", and
further diligently pursue same until satisfactorily completed on or before three (3)
working days, time being of the essence. It is further understood that if the
contract is not completed by the foregoing completion date, (or the said date as
extended pursuant to provisions of this contract), the CONTRACTOR shall be
assessed liquidated damages of one hundred fifty dollars ($150.00) per day for
each day the contract is not completed after said date. All Contractors are required
to have a Landfill Permit, which includes a minimum escrow account of one
thousand dollars ($1,000). If you opt not to set up an escrow account, you must
pay as you dispose by cash or cashier's check.
C. Perform all work in accordance with the terms of this AGREEMENT and the
DEMOLITION SPECIFICATIONS attached hereto.
D. Be responsible for obtaining all necessary and general and special permits and pay
any and all fees for said permits and any other fees, public or private, which may
be required by the United States, the State of Texas, Jefferson County, or the City
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of Port Arthur, to satisfactorily complete the work as specified and agreed to
herein.
E. Furnish certificates of insurance to the City's Purchasing Agent evidencing that
the CON TRACTOR has obtained Workman's Compensation, General Liability
and Automobile Liability Insurance, which is required by the CITY for
performance of the work specified here. Minimum amounts of such insurance to
be obtained by the CONTRACTOR are as follows:
1. Statutory Texas Workman's Compensation Insurance (with waiver of
subrogation in favor of the City, its officers, employees and agents.
2. Commercial General Liability occurrence type insurance (products/ completed
operations coverage must be included and the City and its officers, employees,
and agents must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount;
and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for
contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
F. Furnish to the Purchasing Agent, City of Port Arthur, prior to commencing work,
certificates of insurance meeting the above listed insurance requirements for any
sub-contractors, haulers, or independent workmen used by the CONTRACTOR in
performance of the work specified herein.
G. Ensure that competent and qualified supervision is present on the job site at all
times while work is in progress and that all demolition work is pursued in such a
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H. manner as to maximize the safety of all workmen, the general public and
surrounding property.
I. Comply with the Civil Rights Act of 1964 and Section 109 of the Housing and
Community Development Act of 1974, to wit: No person in the United States
shall, on the ground of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or part with funds made available under
this title.
SECTION II.
THE CITY SHALL:
A. Inspect the Demolition work in progress to ensure that such work is being carried
out in accordance with the terms of this AGREEMENT and the DEMOLITION
SPECIFICATIONS attached hereto.
B. Compensate the CONTRACTOR according to the following method: Except as
hereinafter provided, payment for the land clearing Contract will be made in a
lump sum after completion and acceptance of the contract work. One progress
payment may be requested when at least fifty percent (50%) of the contract work
is completed. Ten percent (10%) of the progress payment will be retained. This
retainage will be held in escrow by the City for a maximum of thirty (30) days
after satisfactory completion and acceptance of the Contract to guarantee the
completion of work. Thirty (30) days after said completion and acceptance, final
payment shall be made in a lump sum or total agreed price less the progress
payment, if made, by check issued by the City of Port Arthur and made payable to
the CONTRACTOR for the satisfactory completion of the work, described herein.
Any payments are subject to satisfactory intermediate and final inspections by the
City. Further, an applicable request for payment must be made by the
CONTRACTOR prior to each payment.
SECTION III
General Conditions:
A. If performance by the CONTRACTOR is prevented or delayed as a direct result of
acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God,
such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one (1)
working day of additional time will be allowed to the CONTRACTOR for each
working day lost from such cause, provided the CON TRACTOR, within three (3)
days after the beginning of such delay, gives written notice to the City.
B. If for any reason, other than those specified above, the CONTRACTOR at any
time fails for a period of five (5) consecutive working days to supply enough
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skilled workers or otherwise neglects to execute the work properly, the CITY,
after these five (5) working days may give written notice to the CONTRACTOR
terminating his contract.
C. The CONTRACTOR shall repair or replace, if necessary, to the City's
satisfaction, any damage to the work site, the adjacent areas, the access areas to
the work site and to any elements within these areas that may have suffered
damage as a result of the CONTRACTOR'S or any of the subcontractor's
operations. The CONTRACTOR shall leave these areas in a satisfactory and
workmanlike condition, at least equal to that existing before the CONTRACTOR
hereunder started his work.
D. The CONTRACTOR agrees to indemnify and hold harmless the City of Port
Arthur, Texas from any and all claims, and damages of any and every kind for
injury to or death of any person, and damages to property arising out of the
demolition.
E. Any amendments to this contract shall be written and must be executed by both
the CITY and the CONTRACTOR prior to the implementation of any such
change.
F. This CONTRACT and AGREEMENT embodies and represents all of the rights,
duties and obligations of the CITY and the CONTRACTOR and any oral or
written agreements prior to the date first above written, not included or embodied
herein shall be declared void and not be binding or of benefit to any of the parties
herein mentioned.
SECTION IV
Particular Requirements:
A. Other particular work requirements are contained in the DEMOLITION
SPECIFICATIONS, which are attached hereto and made a part hereof as Exhibit
"B-1"
B. ALL LAND CLEARING BIDS SHALL INCLUDE REMOVAL OF ALL
CONCRETE (EXCEPT CITY SIDEWALK), DOWNED & ROTTED
TREES/BRUSH/STUMPS/FENCES & HAUL TO LANDFILL, ETC.,
UNLESS OTHERWISE NOTED.
SECTION V
If the CONTRACTOR materially defaults in (a) failing to have liability insurance; (b) not
completing the CONTRACT within the time required; or (c) uses demolition procedures
that are dangerous to the health and safety of residents and/or adjoining residents, the
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Director of Code Enforcement has the authority to issue a cease and desist order until this
matter can he reviewed by the City Council.
SIGNED AND AGREED TO this day of , A.D. 2020:
LEEDS ENVIRONMENTAL SERVICES
WITNESSED
SIGNED AND AGREED TO this day of , A.D. 2020:
CITY OF PORT ARTHUR
CITY MANAGER
WITNESSED
EXHIBIT"B-1"
DEMOLITION SPECIFICATIONS
CITY OF PORT ARTHUR
I. TITLE
The provisions embraced within these sections and subsections shall constitute; be known as;
and will be referred to herein and in any relevant AGREEMENT and CONTRACT as
"DEMOLITION SPECIFICATIONS".
II. SCOPE
The scope and purpose of these specifications is to establish certain regulations, general
requirements, and particular requirements necessary for the demolition, removal and cleanup of
the unsafe and/or unsanitary structure(s) as required by the Development Services Department of
the City of Port Arthur.
III. CONTRACTOR BIDS
Contracts for the land clearing of properties will be awarded in accordance with the terms and
conditions listed in the Development Services Department's BID FORM FOR DEMOLITION.
The completion of the land clearing package will be of vital importance to the City. The number
of calendar days given on the proposal form will be used to establish the completion date as used
in the Contract. In case the work is not completed within the time specified in the Contract,there
shall be liquidated damages of one hundred fifty dollars ($150) per day for each day exceeding
the completion date.
IV. INSURANCE REQUIREMENTS
A. The Contractor shall, upon submission of bid, furnish the City with certificates of
insurance, indicating the existence of Statutory Workman's Compensation Insurance,
General and Auto Liability, Public Liability, and Property Damage Insurance. Such
insurance must be issued by a company authorized to do business in the State of Texas.
Such a certificate must contain a provision requiring not less than fifteen (15) days prior
notice in writing to the City of any change or termination of said insurance. All
insurance is to remain in force until the job of clearing the premises has been completed
and the work has been accepted by the City.
B. The Contractor/Successful Bidder must obtain and furnish to the City proof of insurance
in the following minimum amounts:
1. Statutory Texas Workman's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
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EXHIBIT"B-1"
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person 1$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
V. PERMITS
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other
governmental entities, at his own expense, all necessary general and special permits and pay any
and all fees for said permits and any other fees, public or private.
All Contractors are required to have a Landfill Permit, which includes a minimum escrow
account of one thousand dollars ($1,000). If you opt not to set up an escrow account, you
must pay cash or by cashier's check as you dispose.
VI. GENERAL CONDITIONS AND REQUIREMENTS
The following list of conditions and requirements are to be understood as being a general guide
in the demolition of structures. It must be noted, however, that there are special requirements
listed below in Section VII of these specifications, which are in addition to these general
requirements for demolition, and that it is the responsibility of the Contractor/Successful Bidder
to comply with all particular requirements.
A. It is understood and agreed that the Contractor/Successful Bidder will function and
operate as an independent contractor. Any liability incurred by the Contractor/Successful
Bidder will accrue only to that party as an independent contractor and not to the City of
Port Arthur.
B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the
Contractor/Successful Bidder without prior, written approval of the Community
Services Department. No subcontractor will be approved unless that subcontractor meets
the same insurance requirements specified for and required of the Contractor.
C. The demolition work specified herein shall be performed in a safe, satisfactory condition,
starting with the roof and working down, with the safety and welfare of all people and
property being of the highest priority.
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EXHIBIT"B-1"
D. All materials, debris, and rubble from the land clearing specified herein will become the
property of the Contractor/Successful Bidder. Salvage can only begin immediately prior
to the beginning of demolition.
E. The Contractor/Successful Bidder will be held responsible for repair of broken or
damaged water, gas, or any other type of lines, which occur during the course of the
demolition work. The Contractor shall repair or replace, if necessary, to the City's
satisfaction, any damage to the work site, the adjacent areas, the access areas to the work
site and to any elements within these areas that may have suffered damage as a result of
the Contractor's or any of the subcontractor's operations. The Contractor shall leave
these areas in a satisfactory condition.
F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials;
and no debris or rubble which may pose a threat to public safety will be left on the site
overnight. No such debris or material will be placed on a sidewalk or public right-of-way
so that it poses a danger to any person.
G. All land clearing work must be carried out to the satisfaction of the City's Inspections
Official.
H. The City (without prejudice to any other right or remedy it may have) has the right to
terminate the contract in the event of any default by the Contractor after giving the
Contractor seven (7) days written notice. Such notice of termination shall be subsequent
to default by the Contractor and after receiving written notice from the City certifying
cause for such action. In addition to other events of default or grounds for termination
identified in the contract, it shall be considered default by the Contractor whenever he/she
shall:
1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of
his/her creditors.
2. Violate or disregard provisions of the Contract or instruction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion,
including amendments and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or failure to make prompt payment therefor.
If the Contract is terminated as provided above or as provided in the Contract, the City
will engage another contractor to complete the work. Payment for the completion of such
work will come from funds obligated by the City under its contract with the original
Contractor.
J. METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
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EXHIBIT"B-1"
K. PAYMENT WITHHELD
Any part or the whole of any payment may be withheld by the City to the extent deemed
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. Reasonable evidence indicating the probability of filing claims against the
Contractor.
4. Failure of the Contractor to make proper payments to subcontractors or for
materials or for labor.
5. The contract cannot be completed for the then unpaid balance.
6. Unsatisfactory progress of the work by the Contractor.
When the above grounds are removed, the amount withheld because of them shall be paid to the
Contractor subject to and within the other terms of this contract.
L. CONTRACT PAYMENT RETAINAGE
Contract payment retainage shall be as provided in the Contract.
VII. PARTICULAR WORK REQUIREMENTS
The following particular work requirements and conditions apply specifically to the vacant
properties which are located at and described as:
LAND CLEARING OF FIVE (5) VACANT PROPERTIES:
GROUP C (VACANT)(5) TYPE OF PROPERTY(S)
200 block E. 5th Street(rear Vacant lots (2) (remove all fencing,rotted trees&stumps,back fill with dirt
of Moody-Harris Funeral &level),LEAVE city sidewalk,remove all trash&debris,cut all high grass
Home (100x140) &underbrush) trim curb&sidewalk
200 E. 6th Street (50x140) Vacant lot(1) remove the slab,rotted trees &stumps,backfill with dirt&
level),LEAVE city sidewalks, (remove all trash&debris,cut all high grass
&underbrush) trim curb(s) &sidewalk(s)
201 E. 6th Street(50x140) Vacant lots (2) remove the slab,rotted trees&stumps,backfill with dirt&
level),LEAVE city sidewalk, (remove all trash&debris,cut all high grass &
underbrush) trim curbs&sidewalks
700 block E. 6th Street (left Vacant lot(1) (remove fallen&rotted trees&stumps,back fill with dirt&
of 727) (25x140) level),LEAVE city sidewalk, (remove all trash&debris,cut all high grass&
underbrush) trim curb&sidewalk
727 E. 6th Street(25x140) Vacant lot(1) (remove all fencing,rotted trees&stumps,backfill with dirt
and level),LEAVE city sidewalk, (remove all trash&debris,cut all high
grass &underbrush) trim curb&sidewalk
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EXHIBIT"B-1"
A. Before any building or structure is demolished, its utilities shall be safely disconnected.
The Contractor shall serve notice to all suppliers of utilities to the building to be
demolished and have them disconnect the services and remove all meters and equipment
belonging to them. Forty-eight (48) hours' written notice must be given the City for
termination of their utilities. All piping and wiring shall be properly terminated. Any
costs incurred in the termination of utilities and services shall be borne by the Contractor.
B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors,
windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and
the cleaning and removal of all rubbish, trash or other debris that would inhibit or prevent
the mechanical mowing of said lot and premises.
C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath
demolished building(s) or structure(s) and all ruts or other depressions created during the
demolition work when the average depth of such depressions exceeds three (3) inches.
D. Any trees and shrubs designated by the Community Services Department will be cut
down and removed from the premises.
E. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches.
F. All sewer lines exposed through demolition work must be cut off within two (2) inches of
the surface to the ground or concrete slab and must be plugged with concrete in such a
manner as to prevent ground water incursion into the City's sanitary sewer system.
G. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE
NOTED.
H. HAZARDOUS MATERIALS
Materials defined by the Environmental Protection Agency to be hazardous to the
environment or persons, shall be disposed of in accordance with all local, state and
federal government regulations and governing laws. This shall be the responsibility of
the Contractor. The Contractor shall furnish written proof of such disposal.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS
Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand
dollars ($50,000) a payment bond is required. If the contract exceeds one hundred
thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent
(100%) of the contract price with corporate surety duly authorized to do business in the
State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified
and effective date copy of their Power of Attorney.
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