HomeMy WebLinkAboutPR 19512: ASESTOS/LEAD ABATEMENT CONTRACT City of - ®�i�
•
urt rtfxu
Texan
INTEROFFICE MEMORANDUM
Office of the Department of Code Compliance
Demolition Division
Date: August 30,2016
To: Brian McDougal, City Manager
Mayor and City Council
From: Darlene Thomas-Pierre, Director of Code Compliance
Re: P. R. NO. 19512 — AWARDING A CONTRACT TO LARK GROUP, INC. FOR
ASBESTOS/LEAD ABATEMENT & DEMOLITION OF SIX (6) DANGEROUS
COMMERCIAL PROPERTIES LOCATED ON PLEASURE ISLAND
COMMENT
Nature of the Request:
Staff recommends that the City Council adopt P. R. No. 19512 authorizing the City Manager to execute a
contract with Lark Group,Inc. Of Warren,TX,in the amount of$48,700.00 for asbestos/lead abatement
and demolition and removal of six (6) dangerous commercial properties located on Pleasure Island.
StaffAnalysis/Considerations:
Bids for asbestos/lead abatement and demolitign of eight(8)dangerous commercial properties were opened on
July 29,2016. Lark Group,Inc.is the lowest responsible bidder for the properties on Pleasure Island;
their bid is$48,700.00,to be completed within twenty-two(22)working days from the date they receive
a Notice to Proceed. Bid award is based on the lowest and most responsive bid. C&C Demo, Inc. was
disqualified; and Grant Mackay Company, Inc., bid $99,443.00 (20 days). The bid tabulation follows.
CONTRACTOR Pleasure Island
Properties
*Lark Group, Inc.,Warren,TX $48,700.00
C&C Demo, Inc., Orange, TX Disqualified
Grant Mackay Company, Inc., Houston, TX $99,443.00
*Successful Bidder
The following seven vendors also attended the mandatory pre-bid conference and walk-through,but
did not submit bids: (1) BREES, Dallas, TX; (2) CARES Contracting & Construction; (3) Coastal
Demolition,Inc.,Beaumont,TX;(4)K&F Demolition,Inc.,Houston,TX; (5)MLG Construction,Houston,
TX; (6) Mobley, Deer Park, TX; (7) PRC Environmental, Inc., Pasadena, TX;
(CONTINUED)
"Remember we are here to serve the Citizens of Port Arthur"
1
N. R. #19512 —ASBESTOS/LEAD/DEMO CONTRACT—LARK GROUP—08/30/16 PAGE 2 OF 2
Recommendation:
Staff recommends that the City Council adopt P.R.No. 19512 thereby authorizing the execution of a contract
for asbestos/lead abatement and demolition between the City of Port Arthur and Lark Group, Inc. in the
amount of$48,700.00.
Budjiet Consideration:
Acceptance of this recommendation will not require a budget amendment. Funding is available in Account
No. 001-1052-517.59-00.
DTP
cc: Clifton Williams
STRUCTURES TO BE DEMOLISHED:
405 PLEASURE PIER BOULEVARD,BUILDINGS 1-4 (BLDG #4 -NO ASBESTOS)
THE SLAB ADJACENT TO 405 PLEASURE PIER BOULEVARD
THE TRAILER/STAGE AT LOGAN PARK(NO ASBESTOS)
"Remember we are here to serve the Citizens of Port Arthur"
2
P. R. No. 19512
08/30/16 DTP
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO LARK
GROUP, INC. OF WARREN, TX, IN THE AMOUNT OF
$48,700.00, AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR ASBESTOS/LEAD ABATEMENT AND
DEMOLITION OF SIX (6) DANGEROUS COMMERCIAL
PROPERTY LOCATED AT PLEASURE ISLAND, TO BE
CHARGED TO ACCOUNT NO. 001-1052-517.59-00.
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 asbestos/lead abatement
and demolition of six (6) dangerous commercial property in the City of Port Arthur, to the best and lowest
responsible bidder to-wit: Lark Group, Inc., as delineated in Exhibit"A"; and,
THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on
behalf of the City of Port Arthur an agreement between the City of Port Arthur and Lark C ro a p,Inc.,for the
contract price of$48,700.00 (a copy of said contract is attached hereto as Exhibit"B"); and,
THAT since Lark Group, Inc.may be awarded more than one group,the company must successfully
and timely complete one group before a new group is started; and,
THAT said contract is a duplicate of the standard form 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"C",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 20th day of September, A.D., 2016, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
3
P. R. No. 19512
08/30/16 DTP
AYES: MAYOR: Councilmembers:
NOES:
MAYOR
ATTEST: APPROVED AS TO FORM:
44( /
CITY SECRETARY CITY ATTO I
APPROVED FOR ADMINISTRATION:
►_ -- 14 Li / dI1Ii L:. Afl
CITY MANAGER I�' CTOR e'O INV OMP IANCE
APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING:
et, pf-4#,6
ut-
IREC OR OF FINANCE &pp PUR CHASING MANAGER
4
"EXHIBIT A"
CITY OF PORT ARTHUR TEXAS
:.; Bid Tabulation
(If,,,r r.d
"' - Asbestos/Lead Abatement &Demolition of 8
V,,! rihur
Thr,,, Commercial Properties
Bid Opening Date: July 29, 2016
Lark C&C Demo Inc Grant Mackay
Group Company, Inc
Type of Days to Days to Days to
Item # Service Complete Cost Complete Cost Complete Cost
405 Pleasure Pier Asbestos/Lead
Boulevard(4 Abatement
Buildings) &Demolition 20 $46,800.00 5 Disqualified 15 $92,343.00
The Slab Adjacent to Asbestos/Lead
405 Pleasure Pier Abatement
Blvd &Demolition 1 1,500.00 2 Disqualified 3 4,600.00
The Trailer/Stage at
Logan Park _ Demolition 1 400.00 1 Disqualified 2 2,500.00
Total Group A 22 48,700.00 8 Disqualified 20 99,443.00
Asbestos/Lead
1023 &1025 W 7— Abatement
St(2 Residences) &Demolition No Bid No Bid 5 Disqualified 3 28,061.00
Asbestos/Lead
Abatement
2800 Gulfway Drive &Demolition No Bid No Bid 5 Disqualified 2 21,646.00
Total Group B No Bid No Bid 10 Disqualified 5 49,707.00
Acknowledge Addendums 1,2,3 1,2,3 1,2,3
Location Warren,TX Orange,TX Houston,TX
(il'
i/1) (iudimmik, y- Li- ) a/6
Ch�ton Williams, CPPB, Acting Purchasing Manager Date
Page 1 of 1
"EXHIBIT B"
CITY OF PORT ARTHUR, TEXAS
STANDARD FORM OF AGREEMENT
THIS AGREEMENT made this day of in the year 2016, by and between the City of
Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the
Owner, and Lark Group, Inc. hereinafter designated as the Contractor. The Owner and the Contractor, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the demolition and asbestos/lead
specifications of the Owner's Contract Documents entitled:
ASBESTOS ABATEMENT/DEMOLITION OF COMMERCIAL BUILDINGS(6)
405 PLEASURE PIER BOULEVARD,BUILDINGS 1-4 (BLDG#4 -NO ASBESTOS)
THE SLAB ADJACENT TO 405 PLEASURE PIER BOULEVARD
THE TRAILER/STAGE AT LOGAN PARK(NO ASBESTOS)
The Work is generally described as follows: Asbestos Abatement and Demolition
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed within twenty-two (22) working days after
the date of commencement of the Work.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties
involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree
that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner the sum of
$100.00 for each calendar day that expires after the time specified in this Article 2, herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s), Forty-eight thousand, seven hundred dollars and no
cents ($48,700.00).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications,
Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in full when all of the work is completed and approved by City staff with provision
for damages in accordance with Article 2 of this Agreement.
1
"EXHIBIT B"
ARTICLE 6.NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail,
postage prepaid, to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
The contractor shall comply with State law as to licensing on asbestos abatement and disposal.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically, but without limitation, monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF PORT ARTHUR: LARK GROUP, INC.
Signature
By: By:
Brian McDougal Printed Name/Title
City Manager
Attest: Attest:
Date: Date:
*Demolition Specifications are made a part of and attached hereto.
*Asbestos or Technical Specifications that have been prepared by Total Safety U. S., Inc. are incorporated
by reference.
2
EXHIBIT"B-1"
COMMERCIAL DEMOLITION SPECIFICATIONS
CITY OF PORT ARTHUR
I. TITLE
The provisions embraced within these sections and subsections shall constitute; be known as;
and will be referred to herein and in any relevant AGREEMENT and CONTRACT as
"DEMOLITION SPECIFICATIONS".
II. SCOPE
The scope and purpose of these specifications is to establish certain regulations, general
requirements, and particular requirements necessary for the demolition, removal and cleanup of
the unsafe and/or unsanitary structure(s) as required by the Code Enforcement/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 Code Enforcement/Inspections 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 one hundred fifty dollars ($150)
per day for each day exceeding the completion date.
IV. INSURANCE REQUIREMENTS
A. The Contractor shall, upon submission of bid, furnish the City with certificates of
insurance, indicating the existence of Statutory Workman's Compensation Insurance,
General and Auto Liability, Public Liability, and Property Damage Insurance. Such
insurance must be issued by a company authorized to do business in the State of Texas.
Such a certificate must contain a provision requiring not less than fifteen (15) days prior
notice in writing to the City of any change or termination of said insurance. All
insurance is to remain in force until the job of clearing the premises has been completed
and the work has been accepted by the City.
B. The Contractor/Successful Bidder must obtain and furnish to the City proof of insurance
in the following minimum amounts:
1. Statutory Texas Workman's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
EXHIBIT"B-1"
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
V. PERMITS
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other
governmental entities, at his own expense, all necessary general and special permits and pay any
and all fees for said permits and any other fees,public or private.
All Contractors are required to have a Landfill Permit, which includes a minimum escrow
account of one thousand dollars ($1,000). If you opt not to set up an escrow account, you
must pay cash or by cashier's check as you dispose.
VI. GENERAL CONDITIONS AND REQUIREMENTS
The following list of conditions and requirements are to be understood as being a general guide
in the demolition of structures. It must be noted, however, that there are special requirements
listed below in Section VII of these specifications, which are in addition to these general
requirements for demolition, and that it is the responsibility of the Contractor/Successful Bidder
to comply with all particular requirements.
A. It is understood and agreed that the Contractor/Successful Bidder will function and
operate as an independent contractor. Any liability incurred by the Contractor/Successful
Bidder will accrue only to that party as an independent contractor and not to the City of
Port Arthur.
B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the
Contractor/Successful Bidder without prior, written approval of the Community
Services Department. No subcontractor will be approved unless that subcontractor meets
the same insurance requirements specified for and required of the Contractor.
C. The demolition work specified herein shall be performed in a safe, satisfactory condition,
starting with the roof and working down, with the safety and welfare of all people and
property being of the highest priority.
2
EXHIBIT"B-I"
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
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 by the Contractor whenever he/she
shall:
1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of
his/her creditors.
2. Violate or disregard provisions of the Contract or instruction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion,
including amendments and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or failure to make prompt payment therefor.
If the Contract is terminated as provided above or as provided in the Contract, the City
will engage another contractor to complete the work. Payment for the completion of such
work will come from funds obligated by the City under its contract with the original
Contractor.
J. METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
3
EXHIBIT"B-1"
K. PAYMENT WITHHELD
Any part or the whole of any payment may be withheld by the City to the extent deemed
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. Reasonable evidence indicating the probability of filing claims against the
Contractor.
4. Failure of the Contractor to make proper payments to subcontractors or for
materials or for labor.
5. The contract cannot be completed for the then unpaid balance.
6. Unsatisfactory progress of the work by the Contractor.
When the above grounds are removed, the amount withheld because of them shall be paid to the
Contractor subject to and within the other terms of this contract.
L. CONTRACT PAYMENT RETAINAGE
Contract payment retainage shall be as provided in the Contract.
VII. PARTICULAR WORK REQUIREMENTS
The following particular work requirements and conditions apply specifically to the building(s)
or structure(s) which are located at and described as:
ASBESTOS ABATEMENT/DEMOLITION OF SIX(6) COMMERCIAL PROPERTIES:
405 PLEASURE PIER BOULEVARD, BUILDINGS 1-4 (BLDG #4 - NO
ASBESTOS)
THE SLAB ADJACENT TO 405 PLEASURE PIER BOULEVARD
THE TRAILER/STAGE AT LOGAN PARK(NO ASBESTOS)
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.
4
EXHIBIT"B-1"
C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath
demolished building(s) or structure(s) and all ruts or other depressions created during the
demolition work when the average depth of such depressions exceeds three (3) inches.
D. Any trees and shrubs designated by the Community Services Department will be cut
down and removed from the premises.
E. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches.
F. All sewer lines exposed through demolition work must be cut off within two (2) inches of
the surface to the ground or concrete slab and must be plugged with concrete in such a
manner as to prevent ground water incursion into the City's sanitary sewer system.
G. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE
NOTED.
H. HAZARDOUS MATERIALS
Materials defined by the Environmental Protection Agency to be hazardous to the
environment or persons, shall be disposed of in accordance with all local, state and
federal government regulations and governing laws. This shall be the responsibility of
the Contractor. The Contractor shall furnish written proof of such disposal.
I. PERFORMANCE AND PAYMENT BOND REQUIREMENTS
Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand
dollars ($50,000) a payment bond is required. If the contract exceeds one hundred
thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent
(100%) of the contract price with corporate surety duly authorized to do business in the
State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified
and effective date copy of their Power of Attorney.
5
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Asbestos/Lead Abatement& Demolition of 8 Commercial Properties
BID DUE DATE: July 29, 2016
DAYS TO
ITEM TYPE OF SERVICE COMPLETE COST
405 PLEASURE PIER ASBESTOS ABATEMENT&
BOULEVARD(4 BUILDINGS) DEMOLITION C) $ gip 00o2.
THE SLAB ADJACENT TO 405 ASBESTOS ABATEMENT& I $ ��
PLEASURE PIER BOULEVARD DEMOLITION
THE TRAILER/STAGE AT LOGAN � os
PARK DEMOLITION 1 $ zT 00
11i�
TOTAL GROUP A d- $ 1 ' 1 - -'
1023 & 1025 W. 7TH STREET(2 ASBESTOS ABATEMENT& '
RESIDENCES) DEMOLITION $
ASBESTOS ABATEMENT&
2800 GULFWAY DRIVE DEMOLITION + ',
/ 1'
TOTAL GROUP B P 81 i
LA-El< zow X87 Cry/ o
COMPANY NAME STREET ADDRESS
41/L-- /
aili4am.
SIGNATURE 0 BIDD, R P.O. BOX
/4014-14 F aitit(1/ 6(jAkeet9/ c7-74 -77
PRINT OR TYPE NAME CITY STATE ZIP
des t(0.e r f()9 956/ . . -,Jo
LE AREA CODE TELEPHONE NO.
LA-ek /F.779701‘6,14 g5i4 a6 =2--
EMAIL FAX NO.
Page I I of 19
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
§
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature: .i c----
�, // / /
Printed Name: ,z/zi 2rA p%
Title:
e��`be (
Company: L4, Z- ,00
Date: /20- 1
SUBSCRIBED and sworn to before me the undersigned authority by the 2-(, '' 'o4,4.i on
behalf of said bidder. 1
Notary`Public in and for t e
State of Texas
18 '1
My commission expires: —1 -2DI
/P.;Y . TRAMEKA M.ALPOUGH i
j' `. Notary Public
0gfF tuF v. STATE OF TEXAS
My comm.Exp.January 18,2017
Page 12 of 19
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The unde ed offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
6/?-6'te-p
7 ,20-
Firm Name ate
, WS>".06,''4/7----
Authorized Signature / ! Title
G / F4/$/ 14 3 oU
Namelease Telephone
(p print)
) /
ilea7 g.7 C erw
Email
STATE: EX0k�
COUNTY: JQf. (
SUBSCRIBED AND SWORN to before me by the above named Pyi (an Mar) `y
on this the Trth day of 94111 , 20 V .
( ,�;Y TRAMEKA M. ALPOUGH .!- -,
,t9,*,t, Notary Public otai y u s lic
STATE
F OF ' hty Com n.Exp.January 18, 7
REt-ruc7cmiry, Fri m-1--i r rRT OF THE BID PROPOSAL
Page 13 of 19
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session.
This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7`h business
day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this
section is a Class C misdemeanor.
1.Name of person who has a business relationship with local governmental entity.
2. heck this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7`h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3.Name of a local government officer with whom filer has employment or business relationship.
Name of Officer
I7AL
This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the filer of the questionnaire?
Yes ❑ No 14a4
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?? p
Yes I I No /V -
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director,or holds an ownership of 10 percent or more?
Yes No /j'L
D. Describe each em.lo ment o business relationship with the local government officer named in this section.
4. i //
I / _ /
Signature of person d.I'ng b siness ith the :. ernmental entity to
Page 14 of 19
' CITY OF PORT ARTHUR, TEXAS
C/n of ;_J
Vrt rlltu rte^ ADDENDUM NO. ONE(1)
li
January 23, 2016
Bid Proposal For: Asbestos/Lead Abatement& Demolition of 8 Commercial Properties
The following clarifications, amendments, deletions, additions,revision and/or modifications are
made a part of the contract documents and change the original documents only in the manner and
to the extent hereinafter stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract
documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,
Central Standard Time, Friday, July 29, 2016. (The clock located in the City
Secretary's office will be the official time.) All bids received will be read aloud at 3:15
p.m. on Friday, July 29, 2016 in the City Council Chambers, City Hall, 5'h Floor, Port
Arthur,TX. You are invited to attend.
2. Replace the Bid Sheet(Page 11)with the attached Bid Sheet.
3. Remove from bid the trailer/stage in Logan Park.
4. Remove all concrete including the front courtyard, flag pole block and flagpole.
5. Leave the asphalt drive way in the rear.
6. Remove all the fencing.
7. Remove all underbrush and tree saplings.
8. Leave the large trees including the crept myrtles.
If you have any questions, please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR BID DOCUMENTS.
/ e/,€‘
Clifton Williams, CPPB
Acting Purchasing Manager
i/Al .
Z./ /.
Signature of Pro oser D.
'21 .
City Of -• f 3;' CITY OF PORT ARTHUR,TEXAS
or! rlGu ADDENDUM NO.TWO (2)
Toru
July 27, 2016
Bid Proposal For: Asbestos/Lead Abatement&Demolition of 8 Commercial Properties
The following clarifications, amendments, deletions, additions,revision and/or modifications are
made a part of the contract documents and change the original documents only in the manner and
to the extent hereinafter stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract
documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1. THE CITY WILL AWARD THE BID BY GROUPS. WRITE IN THE TOTAL
DAYS ALONG WITH THE TOTAL PRICE.
2. PLEASE SUBMIT THE ATTACHED BID SHEET. DO NOT SUBMIT THE
OTHER TWO BID SHEETS.
If you have any questions,please contact the Purchasing Division at.409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR BID DOCUMENTS.
,i1U1
IA,di/PA
Clifton Williams,CPVPB
Acting Purchasing Manager / OW
/ /
, i
ilp :,1/4 —./d/
Signature of Proposer / D
:�: •.f'.�-
. T f:: -.ig-7.:5:77.71'.' ._.°.tt-l;.::: . , _ S i•-=.7 -,-,--.'r.P v 7i-ii-c, t•.ii- 7 -x• -•1�q_
CITY OF PORT ARTHUR, TEXAS
City of s Ate`
2-/ /r ADDENDUM NO.THREE (3)
n t July 27,2016
Bid Proposal For: Asbestos/Lead Abatement& Demolition of 8 Commercial Properties
The following clarifications, amendments, deletions, additions,revision and/or modifications are
made a part of the contract documents and change the original documents only in the manner and
to the extent hereinafter stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract
documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1. THE TRAILER/STAGE REMAINS IN THE BID. IT WAS MISTAKENLY
TAKEN OUT ON ADDENDUM#1
2. THE TRAILER/STAGE AT LOGAN PARK WAS MISTAKELY LEFT OFF THE
BID SHEET SO REPLACE THE CURRENT BID SHEET WITH THE
ATTACHED BID SHEET.
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR BID DOCUMENTS.
hi •
4 41 it. twage94_
Clifton Williams, CPPB
Acting Purchasing Manager
I
Signature of Proposer D•
• 1 \ SURñfRS
I\'At.N'ITY
P&C 377 132 3625 i 225 South Fifth Street
Bonds 800 933 764.4 P°8bx 2683
Waco, Texas 76702-2633
BID BOND
Bond No. CNB-22403-00
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Lark Group, Inc. , as Principal, hereinafter called the Principal,
and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are
held and firmly bound unto City of Port Arthur , as Obligee, hereinafter
called the Obligee, in the amount of 5 % of the amount of this bid not to exce !1
5% of the Greatest Amount Bid De - 4 of G.A.B ),
for the payment of which sum well and trulyto be made, the said Princ'io • aid Surety, bind
pY � �.
ourselves, our heirs, executors, administrators, successors and assign %. and severally, firmly
by these presents.
WHEREAS, the principal has submitted a bid for
Demolition,Clean and haul debris to landfill
NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall
within such time as specified in the bid, enter into a contract in writing and give bond with good and
sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give
such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in
good faith contract with another party to perform the work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless
Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and
form acceptable to Principal and Surety that financing has been firmly committed to cover the entire
cost of the project.
SIGNED, SEALED AND DATED this 27th day of July , 2016 .
Principal:
Lark Group, Inc.
(Seal)
By:
(title)
Surety: �
INSURORS INDEI ;" O PANY
, � (Seal)
tj`
By:
or
Justin PJIc. Attorney-in-Fact
in Su ro rsnCem nity.corn
i \I s t_..m7yliFifs„..(44,-;
,4n,4., sTr color4',i
POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY
Waco, Texas
KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-22403-00
That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and
authorized and licensed to do business in the State of Texas and the United States of America, does hereby make,
constitute and appoint Justin McQuain of the City of The Woodlands, State of TX
,I
as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknoeNailci deliver for
and on its behalf as Surety and as its act and deed, all of the following classes of document, to-wCii
�Inti
Indemnity, Surety and Undertakings that may be desired by contract, or may beleny action or
proceeding in any court of law or equity; Indemnity in all cases where indemnity m` lawfully given and
with full power and authority to execute consents and waivers to modify or change extend any bond or
document executed for this Company.
INSURORS INDEMNITY COMPANY
— IZZ3. --
Attest t. x-171 By: A `
Tammy Tieper n, ecretaty Dave E. Talbert, President
State of Texas
County of McLennan
On the 11th day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert
, and Tammy Tieperman, who being by me duly sworn, ackno edged that they executed the above Power of Attorney in their
capacities as President and Corporate Secretary, respectively, .{ nsurors Indemnity Company, and ackngwjgd_oelLipi¢.,Pavygr_Qf
Attorney to be the voluntary act and deed of the Company. ( , 412'14.CSHERRI WHiTEHOUSE)
J j(� ,� c ; �Notary Public )
XAS
Notary Public,State of Texas +'l STATE OF TI 21,
( yComm Exp,40v21,2017
Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the f 40'v...
resolutions of the Company adopted by the Board of Directors on November 11, 2014:
RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by
persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of
Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their
respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of
Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate
bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified
by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is
validly attached.
RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of
Attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds
and undertakings, and any such instrument executed by such Attorneys In Fact shall be binding upon the Co pany as if signed by an
Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company.
I,Tammy Tieperman,Secretary of Insurors Indemnity Company,do hereby certify that the foOi g i true excerpt from the
Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, ar1 ;rt.--41 is Resolution is in full force
and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been e .
In Witness Whereof, i have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 27th day of
July , 2016
!\
olioc - )
'airily Tiepe�r an, ecreta
e2Afri
NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDIN OF THIS POWER OF ATTORNEY,PLEASE
CALL 800 933 7444 OR WRITE TO US AT P. O.BOX 2683.WACO,TEXAS 76702-2683 OR EMAIL US AT
CONFI RMATiON@INSURORSLNDEMNITY.COM.
iNS
'-'+JM. till'
PSC 877 282 1625 225 South Fifth Street
Bands 800 933 71.41. Pd Box 21383
Waco,Texas 76702-2683
IMPORTANT NOTICE- AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
You may call Insurors Indemnity Company's toll-free Usted puede llamar al numero de telefono gratis de
telephone number for information or to make a complaint Insurors Indemnity Company's para informacion o para
at: someter una queja al
1-800-933-7444 1-800-933-7444
You may also write to Insurors Indemnity Company at: Usted tanbien puede escribir a Insurors Indemnity
P.O.Box 2683 Company:
Waco,TX 76702-2683 P.O.Box 2683
Or Waco,TX 76702-2683
225 South Fifth Street 0
Waco,TX 76701 225 South Fifth Street
Waco,TX 76701
You may contact the Texas Department of Insurance to
obtain information on companies,coverages,rights or Puede comunicarse con el Departamento de Seguros de
complaints at Texas para obtener informacion acerca de companias,
1-800-252-3439 coberturas,derechos o quejas al
You may write the Texas Department of Insurance at: 1-800-252-3439
Consumer Protection(111-1A) Puede escribir al Departamento de Seguros de Texas:
P.O.Box 149091 Consumer Protection(111-1A)
Austin,TX 78714-9091 P.O.Box 149091
Fax:512-490-1007 Austin,TX 78714-9091
Web: http://www.tdi.texas.gov Fax:512-490-1007
E-mail: ConsumerProtectioni.texas.gov Web: http://www.tdi.texas.gov
(a.td
E-mail: ConsumerProtectiont®tdi.texas.gov
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
about a claim,you should contact the agent or the
company first. If the dispute is not resolved,you may Si tiene una disputa concemiente a su prima o a un
contact the Texas Department of Insurance. reclamo,debe comunicarse con el agente o la compania
primero. Si no se resuelve la disputa,puede entonces
comunicarse con el departamento(TDI).
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a UNA ESTE AVISO A SU POLIZA:
part or condition of the attached document.
Este aviso es solo para proposito de informacion y no se
convierte en parte o condicion del documento adjunto.
insurorsrndernii,ty.con-1
"EXHIBIT B"
CITY OF PORT ARTHUR, TEXAS
STANDARD FORM OF AGREEMENT
THIS AGREEMENT made this day of in the year 2016, by and between the City of
Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the
Owner, and Lark Group, Inc. hereinafter designated as the Contractor. The Owner and the Contractor, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the demolition and asbestos/lead
specifications of the Owner's Contract Documents entitled:
ASBESTOS ABATEMENT/DEMOLITION OF COMMERCIAL BUILDINGS(6)
405 PLEASURE PIER BOULEVARD,BUILDINGS 1-4 (BLDG#4 - NO ASBESTOS)
THE SLAB ADJACENT TO 405 PLEASURE PIER BOULEVARD
THE TRAILER/STAGE AT LOGAN PARK(NO ASBESTOS)
The Work is generally described as follows: Asbestos Abatement and Demolition
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed within twenty-two (22) working days after
the date of commencement of the Work.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties
involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree
that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner the sum of.
$100.00 for each calendar day that expires after the time specified in this Article 2, herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s), Forty-eight thousand, seven hundred dollars and no
cents ($48,700.00).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications,
Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in full when all of the work is completed and approved by City staff with provision
for damages in accordance with Article 2 of this Agreement.
1
ARTICLE 6.NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail,
postage prepaid,to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
The contractor shall comply with State law as to licensing on asbestos abatement and disposal.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically, but without limitation, monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF PORT ARTHUR: LARK GROUP, INC.
Signature
By: By:
Brian McDougal Printed Name/Title
City Manager
Attest: Attest:
Date: Date:
*Demolition Specifications are made a part of and attached hereto.
*Asbestos or Technical Specifications that have been prepared by Total Safety U. S., Inc. are incorporated
by reference.
2
EXHIBIT"B-1"
COMMERCIAL DEMOLITION SPECIFICATIONS
CITY OF PORT ARTHUR
I. TITLE
The provisions embraced within these sections and subsections shall constitute; be known as;
and will be referred to herein and in any relevant AGREEMENT and CONTRACT as
"DEMOLITION SPECIFICATIONS".
II. SCOPE
The scope and purpose of these specifications is to establish certain regulations, general
requirements, and particular requirements necessary for the demolition, removal and cleanup of
the unsafe and/or unsanitary structure(s) as required by the Code Enforcement/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 Code Enforcement/Inspections 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 one hundred fifty dollars ($150)
per day for each day exceeding the completion date.
IV. INSURANCE REQUIREMENTS
A. The Contractor shall, upon submission of bid, furnish the City with certificates of
insurance, indicating the existence of Statutory Workman's Compensation Insurance,
General and Auto Liability, Public Liability, and Property Damage Insurance. Such
insurance must be issued by a company authorized to do business in the State of Texas.
Such a certificate must contain a provision requiring not less than fifteen (15) days prior
notice in writing to the City of any change or termination of said insurance. All
insurance is to remain in force until the job of clearing the premises has been completed
and the work has been accepted by the City.
B. The Contractor/Successful Bidder must obtain and furnish to the City proof of insurance
in the following minimum amounts:
1. Statutory Texas Workman's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury$500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
EXHIBIT"B-1"
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
V. PERMITS
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other
governmental entities, at his own expense, all necessary general and special permits and pay any
and all fees for said permits and any other fees, public or private.
All Contractors are required to have a Landfill Permit, which includes a minimum escrow
account of 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.
2
EXHIBIT"B-1"
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
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 by the Contractor whenever he/she
shall:
1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of
his/her creditors.
2. Violate or disregard provisions of the Contract or instruction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion,
including amendments and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or failure to make prompt payment therefor.
If the Contract is terminated as provided above or as provided in the Contract, the City
will engage another contractor to complete the work. Payment for the completion of such
work will come from funds obligated by the City under its contract with the original
Contractor.
J. METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
3
•
EXHIBIT"B-1"
K. PAYMENT WITHHELD
Any part or the whole of any payment may be withheld by the City to the extent deemed
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. Reasonable evidence indicating the probability of filing claims against the
Contractor.
4. Failure of the Contractor to make proper payments to subcontractors or for
materials or for labor.
5. The contract cannot be completed for the then unpaid balance.
6. Unsatisfactory progress of the work by the Contractor.
When the above grounds are removed, the amount withheld because of them shall be paid to the
Contractor subject to and within the other terms of this contract.
L. CONTRACT PAYMENT RETAINAGE
Contract payment retainage shall be as provided in the Contract.
VII. PARTICULAR WORK REQUIREMENTS
The following particular work requirements and conditions apply specifically to the building(s)
or structure(s)which are located at and described as:
ASBESTOS ABATEMENT/DEMOLITION OF SIX(6) COMMERCIAL PROPERTIES:
405 PLEASURE PIER BOULEVARD,BUILDINGS 1-4 (BLDG #4 - NO
ASBESTOS)
THE SLAB ADJACENT TO 405 PLEASURE PIER BOULEVARD
THE TRAILER/STAGE AT LOGAN PARK(NO ASBESTOS)
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.
4
EXHIBIT"B-I"
C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath
demolished building(s) or structure(s) and all ruts or other depressions created during the
demolition work when the average depth of such depressions exceeds three (3) inches.
D. Any trees and shrubs designated by the Community Services Department will be cut
down and removed from the premises.
E. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches.
F. All sewer lines exposed through demolition work must be cut off within two (2) inches of
the surface to the ground or concrete slab and must be plugged with concrete in such a
manner as to prevent ground water incursion into the City's sanitary sewer system.
G. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE
NOTED.
H. HAZARDOUS MATERIALS
Materials defined by the Environmental Protection Agency to be hazardous to the
environment or persons, shall be disposed of in accordance with all local, state and
federal government regulations and governing laws. This shall be the responsibility of
the Contractor. The Contractor shall furnish written proof of such disposal.
I. PERFORMANCE AND PAYMENT BOND REQUIREMENTS
Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand
dollars ($50,000) a payment bond is required. If the contract exceeds one hundred
thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent
(100%) of the contract price with corporate surety duly authorized to do business in the
State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified
and effective date copy of their Power of Attorney.
5
"EXHIBIT B"
CITY OF PORT ARTHUR, TEXAS
STANDARD FORM OF AGREEMENT
THIS AGREEMENT made this day of in the year 2016, by and between the City of
Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the
Owner, and Lark Group, Inc. hereinafter designated as the Contractor. The Owner and the Contractor, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the demolition and asbestos/lead
specifications of the Owner's Contract Documents entitled:
ASBESTOS ABATEMENT/DEMOLITION OF COMMERCIAL BUILDINGS(6)
405 PLEASURE PIER BOULEVARD,BUILDINGS 1-4 (BLDG #4 -NO ASBESTOS)
THE SLAB ADJACENT TO 405 PLEASURE PIER BOULEVARD
THE TRAILER/STAGE AT LOGAN PARK(NO ASBESTOS)
The Work is generally described as follows: Asbestos Abatement and Demolition
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed within twenty-two (22) working days after
the date of commencement of the Work.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties
involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree
that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner the sum of
$100.00 for each calendar day that expires after the time specified in this Article 2, herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s), Forty-eight thousand, seven hundred dollars and no
cents ($48,700.00).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications,
Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in full when all of the work is completed and approved by City staff with provision
for damages in accordance with Article 2 of this Agreement.
1
ARTICLE 6.NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail,
postage prepaid, to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
The contractor shall comply with State law as to licensing on asbestos abatement and disposal.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically, but without limitation, monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF PORT ARTHUR: LARK GROUP,INC.
Signature
By: By:
Brian McDougal Printed Name/Title
City Manager
Attest: Attest:
Date: Date:
*Demolition Specifications are made a part of and attached hereto.
*Asbestos or Technical Specifications that have been prepared by Total Safety U. S., Inc. are incorporated
by reference.
2
}
EXHIBIT"B-l"
COMMERCIAL DEMOLITION SPECIFICATIONS
CITY OF PORT ARTHUR
I. TITLE
The provisions embraced within these sections and subsections shall constitute; be known as;
and will be referred to herein and in any relevant AGREEMENT and CONTRACT as
"DEMOLITION SPECIFICATIONS".
II. SCOPE
The scope and purpose of these specifications is to establish certain regulations, general
requirements, and particular requirements necessary for the demolition, removal and cleanup of
the unsafe and/or unsanitary structure(s) as required by the Code Enforcement/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 Code Enforcement/Inspections 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 one hundred fifty dollars ($150)
per day for each day exceeding the completion date.
IV. INSURANCE REQUIREMENTS
A. The Contractor shall, upon submission of bid, furnish the City with certificates of
insurance, indicating the existence of Statutory Workman's Compensation Insurance,
General and Auto Liability, Public Liability, and Property Damage Insurance. Such
insurance must be issued by a company authorized to do business in the State of Texas.
Such a certificate must contain a provision requiring not less than fifteen (15) days prior
notice in writing to the City of any change or termination of said insurance. All
insurance is to remain in force until the job of clearing the premises has been completed
and the work has been accepted by the City.
B. The Contractor/Successful Bidder must obtain and furnish to the City proof of insurance
in the following minimum amounts:
1. Statutory Texas Workman's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
1
EXHIBIT"B-1"
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
V. PERMITS
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other
governmental entities, at his own expense, all necessary general and special permits and pay any
and all fees for said permits and any other fees,public or private.
All Contractors are required to have a Landfill Permit, which includes a minimum escrow
account of 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.
2
EXHIBIT"B-1"
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
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 by the Contractor whenever he/she
shall:
1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of
his/her creditors.
2. Violate or disregard provisions of the Contract or instruction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion,
including amendments and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or failure to make prompt payment therefor.
If the Contract is terminated as provided above or as provided in the Contract, the City
will engage another contractor to complete the work. Payment for the completion of such
work will come from funds obligated by the City under its contract with the original
Contractor.
J. METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
3
EXHIBIT"B-1"
K. PAYMENT WITHHELD
Any part or the whole of any payment may be withheld by the City to the extent deemed
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. Reasonable evidence indicating the probability of filing claims against the
Contractor.
4. Failure of the Contractor to make proper payments to subcontractors or for
materials or for labor.
5. The contract cannot be completed for the then unpaid balance.
6. Unsatisfactory progress of the work by the Contractor.
When the above grounds are removed, the amount withheld because of them shall be paid to the
Contractor subject to and within the other terms of this contract.
L. CONTRACT PAYMENT RETAINAGE
Contract payment retainage shall be as provided in the Contract.
VII. PARTICULAR WORK REQUIREMENTS
The following particular work requirements and conditions apply specifically to the building(s)
or structure(s)which are located at and described as:
ASBESTOS ABATEMENT/DEMOLITION OF SIX(6) COMMERCIAL PROPERTIES:
405 PLEASURE PIER BOULEVARD, BUILDINGS 1-4 (BLDG#4 - NO
ASBESTOS)
THE SLAB ADJACENT TO 405 PLEASURE PIER BOULEVARD
THE TRAILER/STAGE AT LOGAN PARK(NO ASBESTOS)
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.
4
EXHIBIT"B-1"
C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath
demolished building(s) or structure(s) and all ruts or other depressions created during the
demolition work when the average depth of such depressions exceeds three (3) inches.
D. Any trees and shrubs designated by the Community Services Department will be cut
down and removed from the premises.
E. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches.
F. All sewer lines exposed through demolition work must be cut off within two (2) inches of
the surface to the ground or concrete slab and must be plugged with concrete in such a
manner as to prevent ground water incursion into the City's sanitary sewer system.
G. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE
• NOTED.
H. HAZARDOUS MATERIALS
Materials defined by the Environmental Protection Agency to be hazardous to the
environment or persons, shall be disposed of in accordance with all local, state and
federal government regulations and governing laws. This shall be the responsibility of
the Contractor. The Contractor shall furnish written proof of such disposal.
I. PERFORMANCE AND PAYMENT BOND REQUIREMENTS
Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand
dollars ($50,000) a payment bond is required. If the contract exceeds one hundred
thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent
(100%) of the contract price with corporate surety duly authorized to do business in the
State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified
and effective date copy of their Power of Attorney.
5