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HomeMy WebLinkAboutPR 15865: LARK GROUP, INC. - DEMO OF (3) HOMESINTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: Steve fifzgibbons, City Manager >/~ from: Mike Mason, Director of Housing and New bonhood Revitalization Date: Wednesday, April 28, 2010 Re: P.R. 15865 RECOMMENDATION: I recommend City Council adopt Proposed Resolution 15865 for the execution of three (3) contracts for the demolition and site clearance of three houses. ¢ACKGROUND: 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 arsons and families. The City is obligated to provide owner-occupied rehabilitation assistance to homeowners who are at 80% of the Median Family Area Income and below with unmet housing needs, to eliminate safety and health hazards, and preserve and improve the community's housing stock. There were six (6) bids received and opened on April 21, 2010 for the reconstruction, demolition and site clearance of the following houses. These were bid separately and have been evaluated for demolition and site clearance by the Housing Division and the Purchasing Manager of which one was a No Bid and one has been rescinded. Tlhe chart below lists the demolition for each bidder: ADDRESS Lark NVT Pro SWMJ James W. Stonewater, Group Construction Demolition Houston Turner Inc. Port Port Arthur Beaumont Tomball Arthur 3900 Lewis $3400 $3750 $3500 $6000 $3500 No Bid Dr. 2322 6"' St. $3400 $3750 $3500 $6000 $3500 No Bid 3510 42"d $3400 $3750 $3500 $6000 $3500 NO Bid St. James W. Turner has rescinded his bid for demolition and site clearance for 3510 42nd Street. The chart below lists the site clearance for each bidder: ADDRESS Lark NVT Pro SWMJ James W. Stonewater, Group Construction Demolition Houston Turner Inc. Port Port Arthur Beaumont Tomball Arthur 3900 Lewis $1500 $1975 $1500 $4175 $1500 No Bid 2322 6"' St. $1500 $1890 $1500 $2475 $1500 No Bid 3510 42"d $2000 $2510 $2000 $4395 $1500 NO Bid St. The homeowner will enter into a contract with Lark Group for the demolition and site clearance for the following addresses: 3900 Lewis Drive $ 4,900 2322 6"' Street $ 4,900 3510 42"d Street $ 5,400 Total $15,200 The City of Port Arthur acts as an indirect agent pursuant to the Community Development Block Grant and HtJME Program Guidelines. BUDGETARY/FISCAL EFFECT: The 2008 & 2009 CDBG Program funds; account 105-1431-552.59-00 project C32115 & C33115 will be used to provide funding for these projects. STAFFING/EMPLOYEE EFFECT: Housing Administration staff will be responsible for administering the contracts. SUMMARY: I recommend City Council adopt Proposed Resolution15865 authorizing the execution of contracts between the homeowner and the demolition contractor Lark Group, Inc. for the demolition and site clearance of three (3) homes, P. R. 15865 4/27J10 - MM/Housing RESOLUTION NUMBER A RESOLUTION AWARDING BIDS AND AUTHORIZING THE EXECUTION OF THREE (3) CONTRACTS TO LARK GROUP, INC., FOR THE DEMOLITION AND SITE CLEARANCE OF THREE (3) HOMES IN THE AMOUNT OF $15,200 ACCOUNT N0. 105-1431-552.59-00, PROJECT NO. C32115 & C33115 WHEREAS, the U.S. Department of Housing and Urban Development awards annual Community Development Block Grant and HOME Program funds to the city for the primary benefit of Now and moderate income persons and families; and, WHEREAS, three (3) dilapidated homes were identified as needing to be demolished and reconstructed; and, WHEREAS, the City advertised in the Port Arthur News on April 4, 2010 and April 11, 2010 for said services; and, WHEREAS, six (6) bids were received and opened on April 21, 2010 for the above referenced contract and have been evaluated by the Housing Division and the Purchasing Manager of which one was a No Bid (Stonewater, Inc.) and one was rescinded (James W. Turner Construction}; and, WHEREAS, Pursuant to Resolution No. 08-370, the City adopted the Housing Assistance Rehabilitation and Reconstruction Program Guidelines; and, 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 the contract for the demolition and site clearance of three (3) homes (3900 Lewis Drive, 2322 6~' Street and 3510 42nd 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 Housing Programs Administrator of the City of Port Arthur is hereby authorized to approve the award of the following three (3) contracts to Allan R. Murphy, d.b.a., Lark Group, Inc. in the amount of $15,200 for the proposal outlined herein and further described in the attached contracts marked a Exhibit "B -1', "B-2"and "B-3"; and, HOUSING RECONSTRUCTION ACTIVITIES DEMOLITION SITE. CLEARANCE 3900 Lewis Drive $3,400 $1,500 2322 6'~' Street $3,400 $1,500 3510 42"d Street $3,400 $2,000 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 May, A.D., 2010 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBER5 NOES MAYOR ATTEST: CITY SECRETARY APPROVED AS TO THE AVAILABILITY OF FUNDS: /A I / ~ DIRECTOR OF FINANCE APPROVED AS TO FORM: ~~ r %1 r -- , , yy /'~ ~ / L 1. ( )`.L ' j~ 2' I C~J CITY ATTORNEY ; APPROVED FOR ADMINISTRATION: CITY MANAGER i ~' ~- ~~1: ~- ~ PURCHASING MANAGER SHAWNA T'UBBS MIKE MASON, DIRECTOR HOUSING & NEIGHBORHOOD REVITALIZATON EXHIBIT"A" 6 E-+ H H W H NH ;o a~, ca 0 H U ~!' 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H V H 6~9 i ~R VT ° w ~° ~ ed Q Q U a ° w ~" o ~ o ~ oo ~~ ~ U ~ ~Q ' eQ~ E U zz x z a o~ ~ ~ a ; o zz zz a A o C~ U A F G A U ~" v L _ O ~ ~ ' ~ .~ ~ C Q~ ~ ~ Q aQ G O O aC a~ ap; u '~~' o Fgp~g p~q p~q ~ .+ U~`o ~ ~ o oo °o .~r ~ t~ o ear, rNi ~ a> a Aoa v ° e P~O~ ~~ a h as ~~ y v T..~. .Z ~ cOj H f! i~AH y zz i~7-. a a a °^ v s= d s~ A~ N N N N A ~ 'eF '~! eF A 00 00 00 00 U U U O OO O O O O O O O OO OP M AG p $ $ p g $ w AV ~ . ~ ~ ~ O AV p fR KV 9 ~ ~ MM iR MM ~H M ~K MM K49 U U ~ C O ~ V ~ yi. p C: O O .L ~ ~' wyy N :4 r O ; ~~' ~'~ y d :R A . ~ s :Z A w xt :ea xs A u :~ ~ = ~` i' ~V ~~ = 3 `n'S ' U ~~ °'~ ~-ni ~ ~ ~ ~0 ~ ~ ~ ~ ~~ A .~ 8 N O O A ~ p O N .ti ~ A N$ 0 NO ~ O~ M ~ Vi ~ O ~ M Vl .~O~ Mh~ ~ N M !F m ~ N M W m ~+ N ~ wY i '~ r w A L N d0 CG .~ .G i o. .a b R 0 a3 a EXHIBIT ~~ B-1" EXHIBIT "B-1" 3900 Lewis Drive DEMOLITION CONTRACT 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 "CI"rY", and _Allen Murphy, d.b.a., Lark Enterprises, hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and for a total sum of Four Thousand Nine Hundred and no/100 Dollars ($4 900)• 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 15 residential properties described in the attached bid sheets. 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 1:o 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). [f 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 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 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 (lU%) 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 clay 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 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 anti 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". B. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, SIDEWALKS, DRIVE WAYS, FENCES, ETC., UNLESS OTHERWISE NOTED. 4 SIGNED AND AGREED TO this CONTRACTOR day of , AD 2010: WITNESSED SIGNED AND AGREED TO this CITY OF PORT ARTHUR BY CITY MANAGER day of , AD 2010: WITNESSED EXHIBIT "6-2" EXHIBIT "B-2" 2322 6th Street DEMOLITION CONTRACT 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 Allen Murphy, d.b.a., Lark Enterprises, hereinafter called the "CONTRACTOR", in consideration of the mutual agreements contained herein and for a total sum of Four Thousand Nine Hundred and no/100 Dollars ($4,900); we do hereby agree to all terms, conditions and specifications contained herein and attached hereto; and we da 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 15 residential properties described in the attached bid sheets. 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 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). I I~ you apt 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 ol~ 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 oI~ 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 a.s to maximize the safety of all workmen, the general public and surrounding property. 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, iif made, by check issued by the City of Port Arthur and made payable to the CONT'RAC'TOR 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. Il 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 clay 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 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. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, SIDEWALKS, DRIVE WAYS, FENCES, ETC., UNLESS OTHERWISE NOTED. 4 SIGNED AND AGREED TO this day of , AD 2010: CONTRACTOR WITNESSED SIGNED AND AGREED TO this day of , AD 2010: CITY OF PORT ARTHUR BY CITY MANAGER WITNESSED EXHIBIT ~~B-3" EXHIBIT "B-3" 3510 42°d Street DEMOLITION CONTRACT 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 Allen MurphX, d.b.a., Lark Enterprises, hereinafter called the "CONTRACT'OR", in consideration of the mutual agreements contained herein and for a total sum of Five Thousand Four Hundred and no/100 Dollars ($5,400~we do hereby agree to all terms., conditions and specifications contained herein and attached hereto; and we do hereby dec;lare 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 agreement, contained herein for demolition of structures and cleanup at the 1 S residential properties described in the attached bid sheets. 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 Ito 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 CONT RAC;TOR 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 offiicers, 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 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 :;hall be made in a lump sum or total agreed price less the progress payment, iif 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 perforrr~ance 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 clay 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 13. 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 CONfTRACT and AGREEMENT embodies and represents all of the rights, duties and obligations of the CITY and the CONTRACTORZ 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. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, SIDEWALKS, DRIVE WAYS, FENCES, ETC., UNLESS OTHERWISE NOTED. SIGNED AND AGREED TO this day of , AD 2010: CONTRACTOR WITNESSED SIGNED AND AGREED TO this day of , AD 2010: CITY OF POR7' ARTHUR BY CITY MANAGER WITNESSED