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HomeMy WebLinkAboutPR 15681: LARK GROUP, INC. & C&C DEMO, INC. CONTRACTS OF DEMOLITION & SITE CLEARANCE OF 3 PROPERTIESINTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: Steve Fitzgibbons, City Manager From: Mike Mason, Director of Housing/Neighbofiood Revita/ization Date: Tuesday, December 29, 2009 Re: P.R. 15681 I recommend City Council adopt Proposed Resolution 15681 to award bids and authorize the execution of three contracts between the City and Lark Group, Ihc. in the amount of $13,100 and authorize the execution of one contract between. the City and C & C Demo, Inc. in the amount of $3,600. The funds will be used for the CDBG Reconstruction Program for the demolition and site clearance of three properties. BACKGROUND: The City advertised in the Port Arthur News on November 8, 2009 and November 15, 2009 for the Demolition/Site Clearance and Reconstruction of three (3) houses. There were six (6) bids received and opened on November 25, 2009 for the above referenced contract and have been evaluated by the. Housing Division staff and Purchasing Manager. As per Resolution No. 08-370 the City adopted the Housing Assistance Rehabilitation Program Guidelines to assist in carrying out its mission to eliminate blight, provide decent, safe, sanitary and affordable owner-occupied housing for low and moderate-income persons/families. BUDGETARY/FISCAL EFFECT: Funding will be provided by the City's 2007 CDBG funds as follows: Account # 105-1431-552.59-00 Project #C33115 - $16,700 STAFFYNG/EMPLOYEE EFFECT: Housing Administration staff will be responsible for administering the contract with Lark Group, Inc. and C 8c C Demo, Inc. SUMMARY: I recommend City Council adopt Proposed Resolution 15681 to award bids and authorize the execution of four contracts- between the City, the Lark Group, Inc. and C 8c C Demo,-Inc. in the amount of $16,700. P. R. 15681 12/29/09 - MM/Housing RESOLUTION NUMBER A RESOLUTION AWARDING BIDS AND AUTHORIZING THE EXECUTION OF THREE(3) CONTRACTSTO LARK GROUP, INC. FOR THE DEMOLITION OF TWO HOMES AND THE STTE CLEARANCE OF THREE (3) HOMES YN THE AMOUNT OF $13,100; AND AUTHORIZE THE EXECUTION OF ONE (1) CONTRACTTO C & C DEMO, INC. FOR THE DEMOLITION OF ONE HOME IN THE AMOUNT OF $3,600 - ACCOUNT # 105-1431-552.59-00 Project #C3311S WHEREAS; the Department of Housing and Urban Development awards annual. Community Development Block Grant and HOME funds to the City for the primary benefit of low and moderate income persons. The City is obligated to provide. owner- occupied rehabilitation and reconstruction assistance to qualified homeowners; and, WHEREAS, three dilapidated residences were identified as needing to be reconstructed; and, WHEREAS, the City advertised in the Port Arthur News on November 8, 2009 and November 15, 2009 for said services; and, WHEREAS, six (6) bids were received and opened on November 25, 2009 for the above referenced contract and have been evaluated by the Housing Division and the Purchasing Manager; and, WHEREAS, Pursuant to Resolution No. OS-370, the city adopted the Housing Assistance Rehabilitation Program guidelines; and; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City CounciF of the City of Port Arthur hereby awards the contract for the demolition and site clearance of two (2) homes (610 De Queen and 3915 26"' Street) and site clearance to one (1) home (2248 12"' Street) to the lowest. responsible bidder to wit: Lark Group, Inc, as shown on the copy of the bid tabulation as Exhibit "A", attached. hereto and made a part hereof; and, THAT the City Council of the City of Port Arthur hereby awards the contract for the demolition of one home (2248 12"' Street) to the lowest responsible-bidder to wit: C & C Demo, Inc, as shown on the copy of the bid tabulation. as Exhibit "A", attached hereto and made a part hereof; and, P.R. 15681 Page 2 THAT the Housing Programs Administrator of the City of Port Arthur, is hereby authorized. to approve the award of the following three contracts to Allan R. Murphy, d.b.a., Lark Group, Inca in the amount of $13,100 for the proposal outlined herein and further described in the attached contracts marked EXHIBIT "B-1", EXHIBIT"B-2" AND EXHIBIT "B-3'; and, HOUSING RECONSTRUCTION ACTIVITIES DEMOLITION SITE. CLEARANCE 610 De Queen $3800 $1500 224812' Street $2500 3915 26"' Street $3800 $1500 THAT the Housing Programs Administrator of the City of Port Arthur, is hereby authorized to approve the award of the following contract to Bob Covington, d.b.a., C & C Demo, Inc. in the amount of $3,600 for the proposal outlined herein and further described in the attached contracts marked EXHIBIT "C-1°; and, HOUSING RECONSTRUCTION ACTIVITIES DEMOLITION 2248 12"' Street $3,600 THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this _ day of A.D., 2010 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILM NOES: MAYOR P.R. 15681 Page 3 ATTEST: CITY SECRETARY APPROVED TO FORM: l 6'~~i,.~. I l ACTING CITY ATi~~ RNEY APPROVED FOR AVAILABILITY OF FUNDS: ~ / .% DIRECTOR OF FINANCE APPROVED FOR ADMINISTRATION: CITY MANAGER MIKE MASON, DIRECTOR OF HOUSING/NEIGHBORHOOD REVITILAZATION ~. ' i SFiAWNA TUBB PURCHASING MANAGER EXHIBIT ~~A" ffiIBIT "A" City of ' CITY OF PORT ARTHUR TEXAS ~..r- Bid Tabulation ort rthar Tetras .HOUSING DEMQLITIONZRECUNSTRUCTION OF 3 HOUSES Demolition'Bid Bid Opening Date: November 25, 2009 Ridden Names Lark Group Port Arthur TX ImperiatEnterpriae Port Arthur TX Dwcri lion .Days of Com letion ~ Demo Cost Reconstruction Cost Site Clearance Total Cost Days of Com letion Dema Cost ~ReconstruMion Cost Site Clearance ~ Total Cost ~1:610D oeen~BlVd: 2.2248`E.12''St. ~3 3 $3' OD;00 ~ $3 00:00~ NoBid ~ No~Bid Sl 00.00 - S2- ..':00 $Sd00.00 SS 00:00 120 ~. 120 $4000.00 $3000.00 598986:00. $98 (i:00~ $1 :00 Sl 00:00 ~~ SI0448tic00 5104- :00, 3.~3913'E:2b'St. 3 -$3' ;00 No Bid 51 .00:00 $S 00.00 120 $4000:00 598986.00. '$1 00:00 51048tii00 Bid-Boad/Cashier's Ck "Yes" `Bid Bond - "No" ' ~ - Ridden Names C & C Demo inc. Domestic Rooting-& General Contracting Oran a TX Port Arhhur TX ReconstruMion Site Total Days of Reconstruction Site. Tatai Deseri lion ~ ~ Da 'a of Com letion DemoCos£ Cost Clearance Cost Com letion Demo Cost Cost ~ Cleereoce,. Cost l.tilO;D~ ueenlBlJd' - 10 $4400.00- - No Bid ~NoBid $4400.00 7 $5150.00 - ~NoBid~ - $1- S000'~. 5600:00,. 2.2248~E. 12' -St.' - - 10 53~600.00~ No.Bid ~ No Bid $3600:00 7 $5150:00 - Na!Bid 53'795:00' ~ S8' 45:00: '3.3915Ei26..St. ~ ]0 ~ 53800:00' No~Bid' No;Bid $3800.00- 7 $3150.00 NoBid 52700:00 STSOt00 Bid~liond/Cashier'sCk "Yes" Cashier'sCheck -$590:00 "No° Stonewateq Ina Port Neches TX ~ ~ McFeaiel Services, LLC Su arlsad T3C _ Days of Demo Reconstruction Site Total Days of - Demo Recoastructioo~ Site Total Descri tins ~ Com letion Cost Cost Clearance Cost ~ Com letion Cost Cost Clearance :Coat 1:'610•..De ueen:Blvd.' ~ 90 ~ ~ .54000.00 569923;3$ $1700.00 S7S623.38 90 514 -50:00 $100 0.00 ~ . S7 00:00.' .$122050:00 2.2248.E. 12 +SE° 90 54000.00' .521`` 45$S 53 000.00 $78 95.38 90 514 750:00' ' ..5103040:00. ~ S7 OO:OOc~. ~ $125 90:00': 3.3915'E.26 Sb 90 54000.011 $69 J8 $1700:00 575623.38 90 513150:00 $105 25.00 ' S8 50:00" S128725i00' BfdiBo /Cashier's Ck ~ "Yes'" Cashier's Check $Il 477.11 '"Yes" - Ceshier's:Check S2 090:00 ' X51 was Tubbs, Purchasing:Manager r2 al zaln~ Date Page 1 of 1 EXHIBITS °B-1" , "B-2" AND ~~B-3" EXHIBIT "B-1" DEMOLI~ON CONTI2AC'I' CITY ®F PO1tT AItTI~UR TIIE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this day of 2010, by and between the City of Port Arthur, hereinafter called the "CITY", . and Allan R. Mur~v d b a Lark Grou Inc , hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and for a total sum of Five Thousand Three Hundred and no/100 ($5 300]; 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 TIIE CONTRACTOR SFIALL: 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 demolition of structures and. cleanup at the one (1) residential property described in the attached bid sheets and as listed below: 6I0 De Oueen Boulevard Port Arthur Texas B. Start the herein specified work within 5 days from the above date of this AGREEMENT AND CONTRACT, and furthermore, diligently pursue same until satisfactorily completed on or before the day of 2010, 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 Dollars ($100) 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 five hundred dollars ($500). 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. t 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 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. General Aggregate $500,000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500 000 d. Each Occurrence $500,000 e. Fire Damage $ 50,000 3. Commercial Automobile Liability (including owned, non-owned, and hired vehicles coverage). a. Bodily Injury (per person) $300,000 b. Bodily Injury (per accident) $500.000 c. Property Damage $100,000 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 manner as to maximize the safety of all workmen, the general public and surrounding property. 2 H. 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 H. 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 Demolition 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 ffi 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. 3 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 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 Homeowner'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 DEMOLTTION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, ETC., UNLESS OTHERWISE NOTED. 4 SECTION V THE HOMEOWNER SHALL: A. That. the HOMEOWNER consents to the demolition and site clearance of said. property for the purpose of reconstruction and. consents to said contract.between the CITY and CONTRACTOR SIGNED AND AGREED TO this day of AD 2010: PRESIDENT FOR LARK GROUP, INC. ALLAN R MURPHY WITNESSED SIGNED AND AGREED TO this day of AD 2010: CITY OF PORT ARTHUR BY CITY MANAGER WITNESSED CONSENTED AND AGREED TO this day of , AD 2010: HOMEOWNER WITNESSED s ..APPROVED BY: BEVERLY A. FREEMAN HOUSING PROGRAMS ADMINISTRATOR 6 EXHIBT "B-2" DEMOLITION CONTRACT CdTY OF PORT ARTHL7R THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this day of 2010, by and between the Homeowner, hereinafter called the "CITY", and Allan R. Murphy d b a Lark Groun Inc , hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and for a total sum of Two Thousand Five Hundred and no/100 ($2 5001; 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 demolition of structures and cleanup at the one (1) residential property described in the attached bid sheets and as listed below: 2248 E. 12`h Street Port Arthur Texas B. Start the herein specified work within 5 days from the above date of this AGREEMENT AND CONTRACT, and furthermore, diligently pursue same until satisfactorily completed on or before the day of 20 ] 0, 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 Dollazs ($100) 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 five hundred dollars ($500). 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 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. General Aggregate $500 000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500 000 d. Each Occurrence $500,000 e. Fire Damage $ 50 000 3. Commercial Automobile Liability (including owned; non-owned, and hired vehicles coverage). a. Bodily Injury (per person) $300,000 b. Bodily Injury (per accident) $500,000 c. Property Damage $100,000 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 al] times while work is in progress and that all demolition work is pursued in such a manner as to maximize the safety of all workmen, the general public and surrounding property. z H. 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 H. 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 Demolition 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 performanceby 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. 3 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 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 Homeowner'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 1(V 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-2". B. ALL DEMOLTTION BIDS SIIALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, ETC., UNLESS OTHERWISE NOTED. a SECTION V THE HOMEOWNER SHALL: A. That the HOMEOWNER consents to the demolition and site clearance of said property for the purpose of reconstruction and consents to said contract between the CITY and CONTRACTOR. SIGNED AND AGREED TO this day of _ , AD 2010: LARK GROUP, INC. ALLAN R MURPHY, PRESIDENT WITNESSED SIGNED AND AGREED TO this day of , AD 2010: CITY OF PORT ARTHUR BY CTTY MANAGER WITNESSED CONSENTED AND AGREED TO-this day of , AD 2010:: HOMEOWNER LEE ALMA WATKINS WITNESSED s APPROVED BY: BEVERLY A. FREEMAN HOUSING PROGRAMS ADMINISTRATOR EXHIBIT "B-3" DEMOLITI®N CONTRACT CITE' OF-PORT ARTRUR THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this day of 2010, by and between the Homeowner, hereinafter called the "CITY", and Allan R. Murphy d.b.a. Lark Grou Inc , hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and for a total sum of Five Thousand Three Hundred and no/100 ($5 300); we do hereby agree to all terms, conditions and specifications contained herein and attached hereto; and we do hereby declare VALID this AGREEMENT and CONTRACT: SECTION I WITNESSETH: THE CONTRACTOR SHALL: A. Furnish all labor, materials, tools, machinery, qualified supervision and all other items and services necessary for satisfactory completion of specifications and agreements contained herein for demolition of structures and cleanup at the one (1) residential property described in the attached bid sheets and as listed below: 3915 26`s Street. Port Arthur. Texas B. Start the herein specified work within 5 days from the above date of this AGREEMENT AND CONTRACT, and furthermore, diligently pursue same until satisfactorily completed on or before the day of , 2010, time being of the essence. It is further understood that if the contract is not completed by the foregoing completion date, (or the said date as extended pursuant to provisions of this contract), the CONTRACTOR shall be assessed liquidated damages of One Hundred Dollars ($'100) 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 mininsum escrow account of five hundred. dollars ($500). 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 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. General Aggregate $500,000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 e. Fire Damage $ 50,000 3. Commercial Automobile Liability (including owned, non-owned, and hired vehicles coverage). a. Bodily Injury (per person) $300,000 b. Bodily Injury (per accident) $500,000 c. Property Damage $100,000 F. Fumish 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 manner as to maximize the safety of all workmen, the general public and surrounding property. 2 H. 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 Demolition 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 ~~ork. 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 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 Homeowner'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 HOMEOWNER 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 ParNcutar Requirements: A. Other particular work requirements are contained in the DEMOLITION SPECIFICATIONS, which are attached hereto and made a part hereof as Exhibit "B-3". B. ALL DEMOLTIION BIDS SHALL INCLUDE REMOVAL OF CONCRETE. SLABS, PORCHES, STEPS, ETC., UNLESS OTHERWISE NOTED. 4 SECTION V THE HOMEOWNER SHALL: A. That the HOMEOWNER consents to the demolition and site clearance of said property for the purpose of reconstruction .and consents to said contract between the CITY and CONTRACTOR SIGNED AND AGREED TO this. day of , AD 2010:. LARK GROUP, INC. ALLAN R MURPHY, PRESIDENT WITNESSED SIGNED AND AGREED TO this day of , AD 2010: CTTY OF PORT ARTHUR BY CTTY MANAGER WITNESSED CONSENTED AND AGREED TO this day of , AD 2010: HOMEOWNER WTINESSED 5 APPROVED BY: BEVERLY A. FREEMAN HOUSINGPROGRAMS ADMINISTRATOR EXHIBIT'~C-1" EXHIBIT "C-1" DElVIOLITION CONTIaACT CITY OF PORT ARTHUR THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this day of 2010, by and between the City of Port Arthur, hereinafter called the "CITY", and Bob Covington d.b.a., C & C Demo, Inc., hereinafter called the "CONTRACTOR", in consideration of the. mutual agreements contained herein and for a total sum of Three Thousand Six Hundred and no/100 Dollars($3,6001; 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 demolition of structures and cleanup at the one (1) residential property described in the attached bid' sheets and as listed below: 2248 12th Street, Port Arthur, Texas, B. Start the herein specified work within 5 days from the above date of this AGREEMENT AND CONTRACT, and fiuthermore, diligently pursue same until satisfactorily completed on or before the day of , 2010, 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 Dollars ($100) 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 five hundred dollars ($500). If you opt not to set up an escrow account, you must pay as you dispose by cash or cashier's cheek.. C. Perform -all work in accordance with the terms of this AGREEMENT and the DEMOLITION SPECIFICATIONS attached hereto. i 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 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 aze 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. General Aggregate $500,000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 e. Fire Damage $ 50,000 3. Commercial Automobile Liability (including owned,. non-owned, and hired vehicles coverage). a. Bodily Injury (per person) $300,000 b. Bodily Injury (per accident) $500,000 c. Property Damage $100,000 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 manner as to maximize the safety of all workmen, the general public and surrounding property. z H. 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 carved 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 Demolition 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, fmal 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 beguuung of such delay, gives. written notice to the City. 3 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 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 Homeowner's satisfaction, any damage to the work site, the adjacent areas, the access azeas 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 particulaz work requirements are contained in the DEMOLITION SPECIFICATIONS, which are attached hereto and made a part hereof as Exhibit "C-1". B. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, ETC., UNLESS OTHERWISE NOTED. 4 SECTION V THE HOMEOWNER SHALL: A. That the HOMEOWNER consents to the demolition and site clearance of said property for the purpose of reconstruction and consents to said contract between the CITY and CONTRACTOR. SIGNED AND AGREED TO this day of OWNER FOR C & C DEMO, INC. BOB COVINGTON WITNESSED SIGNED AND AGREED TO this day of CITY OF PORT ARTHUR BY CITY MANAGER WITNESSED CONSENTED AND AGREED TO this day of HOMEOWNER WITNESSED AD 2010: AD 2010: AD 2010: s APPROVED BY: BEVERLY A. FREEMAN HOUSING PROGRAMS ADMINISTRATOR