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HomeMy WebLinkAboutPR 15804: K-T CONSTRUCTION DEMOLITION CONTRACT (GROUP B)Memo To: Steve Fitzgibbons„ City Manager From: Lawrence Baker, Director of Code Enforcement/Inspections ~~~~- Date: Mazch 24.2010 " Re: P. R. NO. 15804 - AWARDING A CONTRACT TO K-T CONSTRUCTION, LLC FOR THE DEMOLITION OF SIX (6) DANGEROUS RESIDENTIAL. STRUCTURES (GROUP B) LOCATED THROUGHOUT THE CITY COMMENT RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 15804 authorizing the City Manager to execute a contract with'K-T Construction. LLC in the amount of 11$ ,400.00 fox the demolition and removal of six (6) dangerous residential structures located throughout the City. BACKGROUND: Bids for demolition of thirty-four (34) residential structures were opened on March 17, 2010. K-T Constmetion. LLC is the low bidder fox Group B• their bid is $11400 00, to be completed within nine (9~ working days from the date they receive a Notice to Proceed. Bid award is based on the lowest and most responsive bid. Grant MacKay Demolition, Co. bid $23,046.00 (6 days); A&R Demolition bid $19,260.00 (24 days);.. Vanderhoof Contracting-bid $47,800.00 (29 days); BKR Conuactors,.Corp. bid $13,874.00 (6 days); Huffman Construction bid $17,400.00 (30 days); Eagle Remediation Services, Inc. bid $32,700.00 (16 days); tK H Dugas Construction/Demolition bid $16,700.00 (days not specified); Cactus Systems;.Inc. bid $34,800.00 (12.5 days); CYMA, Inc.`bid $33,000.00 (12 days); Coastal Demolition, Inc. bid $18,450.00 (15 days); Pro Demolition, LLC bid $29,200.00 (9 days); Spadaccini Trucking Co. bid $29,550.00 (I6 days); C & C Industrial Services, Inc. bid $]3;110.28 (7 days); Southeast Texas Lawn & Maintenance bid $20,562.00 (6 days); and Imperial Excavating bid $26,837.00 (18 days). The bid tabulation follows on the next page. The City followed the procedures of Section~2-283 or the Code of Ordinances for public works projects expected to be less than $25,000.00. (CONTINUED) P.R. #15804 -DEMO CONTRACT - K-T CONSTRUCTION 03 24 10 PAGE 2 OF 2 CONTRACTOR GROUPB Grant MacKav Demolition, Co., Houston, Tai ^423,046:00 A&R Demolition, Del Valle, TX $19,260.00 Vanderhoof Contractin , Pxenctice, WI $47,800.00 BKR Contractors, Co ., Granb , TX $13,874.00 Huffman Construction, Port Neches, TZ $17,400.00 Ea le Remediation Services, Inc., LaPorte, TY $32,700.00 K H Du s Construction/Demolition, Nederland, TX $16,700.00 ` Cactus S stems, Inc., Fort Worth, TX ,$34,800.00 CYMA, Inc., Houston, TX $33,000.00 *K-T Construction, LLC, Beaumont, TX $11,400.00 Coastal Demolition,'Inc., Beaumont, TX $18,450.00 Pro Demolition, LLC, Beaumont, TX $29,200:00,. S adaccini Truckin Co., Beaumont, TX $29,550.00 C & C Industrial Services, Inc., Groves, Tai $13,110.28 Southeast Texas Lawn & Maintenance, Beaumont, TX $20,562.00 Im erial Excavatin , Vidor, TX ~ $26 837.00 ~kC..,......... e..i n:~~__ _ , BUDGET AND REVENUE IMPACT• Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 105=1431-552.59-00; Project No. C34120 STAFF LEVEL IMPACT: Acceptance of this recommendation willrhave^no effect on current staffmg level. SUMMARY: Staff recommends that the Ciry Council adopt P^ R. Na 15804, thereby authorizing the execution of a demolition contract between the City of Part Arthur and K-T Construction LLC in the amount of 1 400.00. DTP STRUCTURES TO BE DEMOLISHED: GROUP B (6) TYPE OF STRUCTURE S 1034 E. 13`s Street Burned Residence 1331 Au sta Avenue Burned Residence/Shed 917 E. 7`h Street Burned Residence 1136 New Orleans Avenue Burned Residence 2125 E. 18`s Street Burned Residence/tiara e 2337 E. 13"' Street Burned Residence/tiara e P. R. No. 15804 03/19/10 DTP RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO K-T CONSTRUCTION LLC IN THE AMOUNT OF 11400.00, AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE DEMOLITION OF SIX (6) DANGEROUS RESIDENTIAI-PROPERTIES (GROUP B), TO:BE CHARGED TO ACCOUNT NO. 105-1431- 552.59-00, PROJECT NO. C34120 (CDBG FUNDS). 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 the demolition of six (6) dangerous residential properties in the City of Port Arthur, to the best and lowest responsible bidder to-wit K-T Construction LLC; 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 an agreement between the City of Port Arthur and K-T Construction LLC, for the contract price of 11400.00 (a copy of said contract is attached hereto as Exhibit "A"); and, THAT since K-T Construction LLC maybe awarded more than one group, the company must successfully and timely complete one group before a new group is started; and, THATsaid contract is a duplicate of the standardform Contract previously approved by the City's Legal Department except for the changes shown on the Certificate of Standard Form Contract, a copy of which is attached hereto and is hereby incorporated by reference as Exhibit `B", and said changes are hereby approved; 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 6~h day of A ril_p~ A.D3.2pip, at a Regular Meeting of the City Council of the City of Poxt Arthur, Texas by the following vote: 1 ` P. R. No. 15804 03/19/10 DTP ASS' IvLt1YOR: Councilmembers: ATTEST: CITY SECRETARY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO AVAILABILITY OF FUNDS: ~ '~ 'i DIRECTOR OF FINANCE MAYOR APPROVED AS TO FORM: CITY A RNE 1r^_~ DIRECTOR OF CODE ENFORCEMENT APPROVED FOR PURCHASING: PURCHASING MANAGER 2 EXHIBIT `A" DEMOLITION- CONTRACT .CITY OF PORT ARTHUR THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this 6'h day of Aaril, 2010, by and between the City of Port Arthur, hereinafter called the "CITY", and K-T Construction LLC, hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and for a total sum of Eleven thousand, four hundred dollars and no cents ($11 400 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 demolition of structures and cleanup at the property described as-Group B, described in the attached bid sheets. B. Start the .herein specified work within 5 days from the date that the CONTRACTOR receives a "Notice to Proceed" from the City of Port Arthur, and further diligently pursue same until satisfactorily completed on or before nine (9) ` 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 twenty-five dollars ($25) 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. i EXHIBIT "A° 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 4. Contractor Surety Bond $ 5,000 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 EXHIBIT "A" 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 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. 3 EXHIBIT "A" 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 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 "A- I ". B. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS;.ETC., UNLESS OTHERWISE NOTED. 4 EXHIBIT "A" .'. 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 Director of Community Services 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 K-T CONSTRUCTION, LLC WITNESSED ~: A:D.2010: SIGNED AND AGREED TO this day of CITY OF PORT ARTHUR BY CITY MANAGER WITNESSED 5 A.D.2010: EXHIBIT "A-P' 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 particulaz requirements necessary for the demolition, removal and cleanup of the unsafe and/or unsanitary structure(s) as required by the Inspections Department of the City of Port Arthur: III. CONTRACTOR BIDS Contracts for the demolition of structures will be.awarded in accordance with the terms and' conditions listed in the Community Services Department's BID FORM FOR DEMOLITION. The completion of the demolition 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 twenty-five dollazs ($25) 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: Statutory Texas Workman's Compensation Insurance; 2. Commercial General Liability a. General Aggregate $500,000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 EXHIBIT "A-t" e. Fire Damage 3. Automobile Liability a. Bodily Injury (per person) b. Bodily Injury (per accident) c. Property Damage V. PERMITS $ 50,000 $300,000 $500,000 $100,000 The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other governmental entities, at his owm 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 five hundred dollars ($500). 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 aze 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 Contractor7Successful 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. D• All. materials, debris, and rubble from the demolition of the structure(s) specified herein will. become the property of the Contractor/Successful Bidder. Salvage can only begin iminediate[v 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 azeas to the work site and to any elements within these areas that may have suffered damage as a result of 2 ~ EXHIBIT "A-1" 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 demolition work must be canied 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: 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 ihstruction 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. I. 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. 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. EXHIBIT °`A-]" 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. VIL PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions apply specifically to the building(s) or structure(s) which are located at and described as: GROUP B (6) 1034 E. 13` Street TYPE OF STRUCTURES Bumed Residence 1331 Augusta Avenue Burned Residence/Shed 917 E. 7` Street Bumed Residence 1136 New Orleans Avenue Burned Residence 2125 E. 18` Street - 2337 E. 13' Street Burned Residence/Garage Burned Residence/Garage - 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. EXHIBIT °A-1" E. .The grass at the demolition site shall be mowed to a height not exceeding two (2) inches. F. All sewer lines exposed through demolitiodwork 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. I. ;BOND REQUIREMENTS If the amount bid on the contract exceeds $25,000, the Contractor will 6e required. to furnish a Performance Bond and a Labor and Material Payment Bond in the amount of $100% of the, Contract on forms furnished by the City. 'r . '. .~ s , s (City of Port Arthur) (haw Department) (Required Form) (07!08/88) (10/05/89) (03/15/90) (p.2 Revised 09/18190) a CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA P.R. H 15804 Exhihit"B" I certify that the contract (hereinafter called "said contract") affixed to the attached proposed Ciry Council Resolution No. 15804 is an exact duplicate of an applicable standazd form con[ract(the title of which is shown below) previously approved by the Law Department and adopted as a standard form by City Council Resolution, except forthe blanks that have been filled in with all necessary information and except for the changes described below. The title of the applicable standard form contract is: (] Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89 ] Non-Federally Funded Construction Contract. Revised O I/OS/88,-07/89, 08/89 [ ] Federal -Professional Services -Engineering Contract, Revised 01/05/88, 05/89, 07/89, 04/91 [ ] Non-Federal -Professional Services -Engineering Contract, Revised 01/05/88, 05/89(§ 10), 07/89(§8) [ ] CDBG -Professional Services -Engineering Contract, Revised Ol/OS/88, 05/89,§ 07/89§ [ ] Federal -Professional Services -Non-Engineering (Consultant) contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [ ] Non-Federal -Professional Services -Non-Engineering (Consultant) Contract Revised 01/05/88, 05/89 (§10), 07/89(§8) ~ - [ ] CDBG -Professional Services -Non-Engineering (Consultant) Contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [X] Other Standard Form Contract, described as follows: CDBG Demolition Contract The changes aze as follows: (Put an "X" in the appropriate [ ]). [X] None. [ ] The following described provisions at the indicated page, section, etc. of the standard form have been deleted from said contract DELETIONS Section or ~ Section or Page Number Paragraph No. SubparagrapkNo. Where Deleted and Caption ~ and Caption, Provision is Which Contains Which Contains Description of Found On Provision Deleted Provision Deleted Provision Standard Form From Form F F rom orm Deleted 1 P.R.#15804 Exhibit "B" [ ] The following described provisions at the indicated page, section, etc. of the standard form have been altered, modified, replaced or othe rwise changed: ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC. Sub § or Page; § & caption; Page No. § or § No. Sub § No. sub § & caption; Where & Caption of. & Caption etc. of said contract Provision Standard of Standard Description which contains Found On Form which form which of Provision altered, etc. provision; & Standard Contains Contains in Standard Description of Alteration Form Provision Provision Form etc. [~ The following provisionshave been added to Said Contract: ADDITIONS Page, Section and Caption Subsection and Caption, etc. of said Contract Which Contains the Added Provision and Description Thereof I further certify [fiat said. attached proposed City Council Resolution contains the following provision: "That said contract is an exact duplicate of a City Standard Farm Contract except for the changes described in the Certificate of Standard Form Contract, a copy ofwhich is attached hereto as Exhibit "B" and is hereby incorporated by reference, and said changes are hereby approved." I understand that this certificate will be relied on by the Law Department in reviewing and approving (or rejecting) as to form and by the City Council in reviewing and adopting (or rejecting) said Resolution and Contract. Signed this 19`h day of March, 2010. C~~ Lawrence Baker Director of Code EnforcemenUInspections DEMOLITION CONTRACT CITY OF PORT ARTHUR THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this 6`h day of April, 2010, by and between the City of Port Arthur, hereinafter called the "CITY", and K-T Construction LLC, hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and for a total sum of Eleven thousand, four hundred dollars and no cents ($11 400 001; 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 al] 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 property described as Group B, described in the attached bid sheets.. B. Start the herein specified work within 5 days from the date that the CONTRACTOR receives a "Notice to Proceed" from the City of Port Arthur, and further diligently pursue same until satisfactorily completed on or before nine (9) 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 twenty-five dollars ($25) 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. 4. Commercial Automobile Liability (including owned, non-owned, and hired vehicles coverage). a. Bodily Injury (per person) b. Bodily Injury (per accident) c. Property Damage $300,000 . $500,000 $100,000 Contractor Surety Bond $ 5,000 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 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. 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 Stites shall, on the ground. of .race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or lie 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 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. ° 3 t 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 writteri 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 coriditiori, at least equal to that existing before the CONTRACTOR hereunder started his work. D. The yCONTRACTOR 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. ,~A_1„ B. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, ETC., UNLESS OTHERWISE NOTED. 4 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 Director of Community Services 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 K-T CONSTRUCTION, LLC WITNESSED SIGNED AND AGREED TO this day of CITY OF PORT ARTHUR BY CITY MANAGER WITNESSED s A.D.2010: A.D.2010: EXHIBIT "A-1" DEMOLITION SPECIFICATIONS CITY OF PORT ARTHUR I. TITLE The provisions embraced within these sections and subsectiohs 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 foi the demolition, removal and cleanup of the unsafe and/or unsanitary structure(s) as required by the Inspections Department of the City of Port Arthur. III. CONTRACTOR BIDS Contracts for the demolition of structures will be awarded in accordance with the terms and conditions listed in the Community Services Department's BID FORM FOR DEMOLITION. The completion of the demolition 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 twenty-five dollars ($25) per day for each day exceeding the completion date. IV. INSURANCE REQUIREMENTS A. The Contractor shall, upon submission of bid, fumish 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: a. General Aggregate $500,000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 EXHIBIT "A-1" ' e. Fire Damage $ 50,000 3. Automobile Liability a. Bodily Injury. (per person) b. Bodily Injury (per accident) c. Property Damage V. PERMITS $300,000 $500,000 $100,000 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. AlI 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 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. D. All materials, debris, and rubble from the demolition of the structure(s) 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 2 EXHIBIT "A-1" 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 demolition 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 byahe 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. I. 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. 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: Defective work not corrected. 2. Claims filed against the Contractor. 3 EXHIBIT "A-1" 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 building(s) or structure(s) which are located at and described as: GROUP.B 6 TYPE OF STRUCTURE S .1034 E. 13` Street Burned Residence 1331 Augusta Avenue Burned Residence/Shed 917 E. 7` Street ` Burned Residence 1136 New Orleans Avenue .Burned Residence 21258. 18` Street - Burned Residence/Garage 2337 E. 13` Street ~ Burned Residence/Garage 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. a - EXHIBIT "A-1" E. The grass at the demolition site sfiall 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 famish written proof of such disposal. I. BOND REQUIREMENTS ' a If the amount bid on the contract exceeds •$25,000, the Contractor will be required to furnish a Performance Bond and a Labor and' Material Payment Bond in the amount of . $100% of the Contract on forms famished 6y the City. 5