CONTRACT AGREEMENT. This CONTRACT AGREEMENT is entered into by and between the CITY OF WINDER (the

Transcription

1 CONTRACT AGREEMENT This CONTRACT AGREEMENT is entered into by and between the CITY OF WINDER (the "City") and Contractor as of the date the last party to this Contract Agreement signed below. W I T N E S S E T H WHEREAS, the City has considered certain bids for the demolition and removal of a structure or structures located at 44 Atlanta Avenue, Winder, Barrow County, Georgia (the "Demolition"); and WHEREAS, Contractor has placed a bid for the demolition and has been awarded the same. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Contractor do hereby agree as follows: 1. GENERAL; Contractor agrees and undertakes to demolish the structure located at 44 Atlanta Avenue, Winder, Georgia 30680, and agrees to the following: a) To secure all demolition permits from the State of Georgia and City of Winder, Barrow County, Georgia and paying all fees required with respect to such permit. b) To remove all debris from the site of the demolition. c) To dispose of any and all of the demolition debris other than that sold by Contractor, or otherwise recovered by Contractor as salvage, either on its own behalf or on behalf of the City, in accordance with the laws of the United States, the State of Georgia, and the Ordinances of the City of Winder; provided, nevertheless, that Contractor shall be authorized to sell any salvageable

2 components of the structures for its own account as set forth below. Within thirty (30) days after completion of Contractor s services, Contractor will provide the City with copies of any documents evidencing the ultimate disposition of all demolition debris, including items sold for salvage. d) To identify and provide documentation on all landfill sites to be used prior to the signing of this Agreement. Disposal of all demolished building materials must be done in accordance with State and Federal laws. The City assumes no responsibility for any and all materials removed from the site and their final disposition. e) To verify that all utilities, including electricity, water, natural gas, sewer, cable and phone are disconnected from the structure to be demolished. A utility locate will need to be called in by the Contractor for the entire area associated with the demolition project. f) To completely remove any foundation walls, and/or pavement. g) To comply at all times and at Contractor s sole cost, during the period of demolition with the requirements of the laws of the United States, the State of Georgia, and the Ordinances of the City of Winder, including, without limitations, conformity with the reasonable demands of the City of Winder Police Department, the City of Winder Fire Department, the City of Winder Code Enforcement Officer, and the City of Winder Building Inspector. h) To secure the demolition area during the period of demolition and that at all times by reasonable means acceptable to the Winder Police Department and the Building and Code Enforcement officials. In the event it shall become necessary to temporarily close any street, Contractor shall, prior to commencement of the work, apply for and obtain any permits necessary for the closing of such streets. In the event that the performance of the work shall entail any closing of any streets which access the demolition site, Contractor agrees to notify the City at least three (3) days prior to each day on which the access will be closed and will place signage in compliance with the Uniform Manual of Traffic Control Devices. In addition, Contractor shall not so undertake its operations as to block all access to any portion of the demolition site.

3 i) No live or mature trees are to be removed during the demolition process. 2. EXECUTION; Contractor agrees to demolish all structures covered by this Agreement including, but not limited to, all exterior steps, platforms, underpinning, and foundation walls, in accordance with the following terms and conditions: a) The structure to be demolished and its components are to be demolished in such a manner as to prevent dust, dirt, and undue noise from the operation of the demolition from becoming a nuisance to the surrounding area. b) Stone, concrete, and masonry walls, including but not limited to, any chimneys located on the demolition site, shall be removed completely. c) No structure shall be removed substantially as a whole. All structures shall be demolished completely on the premises. Masonry walls, piers, columns, or chimneys shall be demolished in small sections. d) If any underground tanks (including, but not limited to, water, gas, and oil tanks) and any associated above ground or underground piping are found by the Contractor, the City shall be notified immediately upon discovery by the Contractor. e) Once the demolition has begun, it shall be continued to completion, uninterrupted, except for Sundays and legal holidays, or acts beyond the control of the Contractor. Materials shall be removed from the site as quickly as possible and not stored on the site. All demolition, removal and disposal shall be handled according to EPD guidelines, also all EPD regulations for the demolition, removal and disposal of asbestos containing materials shall be followed. f) Contractor shall comply with all applicable laws and ordinances. Contractor must exercise proper care unloading so that no waste or salvage materials are strewn on public streets, either during loading or in route to the dumping site. Any materials spilled on public streets or roadways shall promptly be cleaned up and removed by Contractor and shall be the sole responsibility of Contractor.

4 g) After the demolition and removal work has been completed, the site shall be cleared, including the removal of all debris, brush, and other related items, and Contractor shall place silt fence around the perimeter of the property as needed or as required by the City. Contractor shall seed and mulch the property in compliance with all soil, conservation and erosion regulations and best management practices for any land disturbing activities. 3. MISCELLANEOUS; a) Contractor shall not commence any work under this Agreement until it has obtained all insurance required pursuant to this Agreement and such insurance has been approved by the City. No subcontractor that may be employed by Contractor shall commence work on his subcontract until all similar insurance required of such subcontractor has been so obtained and approved. b) During the period of demolition, Contractor shall at all times maintain at its own cost a policy of public liability insurance with minimum limits of $1,000, and shall at all times maintain a policy of workers' compensation insurance covering all persons laboring or performing demolition services upon the demolition site. Prior to the date of commencement of services, Contractor shall provide the City with a certificate of insurance evidencing the existence of such insurances, showing policy expiration dates beyond the time set forth herein for the completion of Contractor s services. Contractor shall furnish the City with a certificate of insurance and the said certificate shall list the City as an additional named insured and, in addition to the statement of coverage, shall carry a statement worded as follows: "In the event of cancellation, change or expiration of any of the foregoing policies, ten (10) days prior written notice will be delivered to the City of Winder." c) Payments shall be made for work when completed and approved by the City. Contractor shall submit an itemization of the total costs, not to exceed the initial bid accepted by the City. The City of Winder Code Enforcement Officer and the City of Winder Building Inspector shall inspect the property and give approval for payment through the City's regular payment schedule.

5 d) Contractor shall be responsible for the demolition consistent with its bid and this agreement. Contractor has reviewed and conducted a thorough site inspection of the building prior to the bid and has no outstanding concerns or questions concerning the demolition project. e) Demolition shall commence upon the execution of this Agreement unless otherwise stipulated by the parties and shall be completed within thirty (30) days. f) Contractor shall provide all necessary demolition, inspection, labor, materials, tools and subcontracted items as applicable. g) Contractor shall retain any subcontractor reasonably necessary to complete the work. Contractor is responsible for all activities of any subcontractor. h) Any change order to the demolition must be approved and executed by the parties hereto prior to commencement of the work identified by said change order. i) Time is of the essence of this Agreement. j) This Agreement constitutes the sole entire Agreement of the parties hereto. No promise, representation, or inducement not contained herein shall be binding upon the parties hereto. k) The terms and conditions of the City of Winder demolition for the building located at 44 Atlanta Avenue with a bid date of June 6, 2013 shall be incorporated herein and made a part of this Agreement. l) The City agrees to pay Contractor its full bid price of $ for the demolition referred to herein. IN WITNESS WHEREOF the undersigned parties have set their hands and seals as of the date set out below.

6 CITY OF WINDER By: Mayor Attest: City Clerk Accepted this day of, Contractor s Name By: Name: Title: Accepted this day of, 2013.