HomeMy WebLinkAboutPR 20838: EDC, TOTAL SAFETY, MONITORING SERVICES OF THE REMOVAL OF ASBESTOS, LEAD AND MOLD Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CECT'
Date: April 14, 2019
Subject: P.R. No. 20838; Council Meeting of May 21, 2019
ATTACHED IS PROPOSED RESOLUTION NO. 20838
APROVING THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION ENTERING
INTO AN AGREEMENT WITH TOTAL SAFETY FOR THE
MANAGEMENT AND MONITORING SERVICES OVER THE
ABATEMENT CONTRACTOR FOR THE REMOVAL OF
ASBESTOS, LEAD AND MOLD AND INTERIOR
DEMOLITION AT THE FORMER PORT ARTHUR NEWS
BUILDING LOCATED 549 4TH STREET, PORT ARTHUR,
TEXAS
P.R. No. 20838
5/8/2019 lb
RESOLUTION NO.
A RESOLUTION APPROVING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION ENTERING INTO AN AGREEMENT
WITH TOTAL SAFETY FOR THE MANAGEMENT AND
MONITORING SERVICES OVER THE ABATEMENT
CONTRACTOR FOR THE REMOVAL OF ASBESTOS,
LEAD AND MOLD AND INTERIOR DEMOLITION AT
THE FORMER PORT ARTHUR NEWS BUILDING
LOCATED 549 4TH STREET, PORT ARTHUR, TEXAS
FOR A COST NOT TO EXCEED $47,900.00; FUNDS
AVAILABLE IN EDC ACCOUNT NO. 305-1606-591.82.01
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") has acquired the property at 549 4th Street, formerly the Port Arthur News Building,
for the purpose of renovating the building to house the Center for Community and Business
Development; and
WHEREAS, Total Safety, U.S., Inc. prepared the scope of work for the request for
proposals for a contractor to remove asbestos, lead and mold at 549 4'h Street; and
WHEREAS, on May 6, 2019, the PAEDC Board of Directors approved entering into a
Professional Environment Consultant Service Agreement with Total Safety U.S., Inc. of Port
Arthur for the management and monitoring services for the abatement of asbestos, lead and mold
and interior demolition at 549 4th Street at a cost not to exceed $47,900.00 as shown in Exhibit
"A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes PAEDC to enter into an Agreement
with Total Safety U.S., Inc. for the management and monitoring services for asbestos, lead and
mold abatement and interior demolition at 549 4th Street at a cost not to exceed $47.900.00.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ,ADOPTED AND APPROVED on this day of A.D., 2019,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
,
Floyd Batiste, AEDCtCE
#1643309
Page 2
APPROVED AS TO FORM:
•
Guy . Goodson, PAEDC Attorney
APPROVED AS TO FORM:
7/7a/c
Valecia R. izeno,Ci/Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
"Y01.._/\__&/\6-- 0
Randy Dan1, Interim Finance Director
#1643309
Page 3
EXHIBIT "A"
TOTAL SAFETY'
ft
.0
Building HEROES. Protecting HEROES.
May 15, 2019
Port Arthur Economic Development Corporation
501 Proctor Street
Port Arthur,Texas 77640
ATTN: Floyd Batiste
Fbatiste@paedc.org
Subject: Proposal for Services:Asbestos/Lead Paint/Interior Demo Air Monitoring
Project Site:549 4th Street, Port Arthur,Texas
Proposal Number: P7333-19R
INTRODUCTION
Total Safety U.S., Inc. (Total Safety) is pleased to present the following proposal to provide environmental
consulting services to Port Arthur Economic Development Corporation for the asbestos/lead/interior
demolition project for the vacant building located at 549 Proctor Street in Port Arthur,Texas. This proposal is
being sent per your request. . Total Safety is an accepted vendor for the Region 5 ESC's "Environmental
Services (excludes engineering services) #20180404" category by the Southeast Texas Cooperative
Purchasing Organization for the contract year of June 1,2018 to May 31,2019.
PURPOSE
The primary purpose of this project is to provide project management,air monitoring services and a final report
for the removal of asbestos/lead-based paint and interior demolition at the building.
SCOPE OF WORK
Based on our review and understanding of the project,the following tasks are included in the Scope of Work:
• Provide on-site project management/air monitoring during the work
• Provide a final closeout report at the project completion
A description of the proposed tasks is provided in the following paragraph.
FEE ESTIMATE
We propose to perform the above-mentioned services for a lump sum amount of$47,900.00.
Our terms for payment are net 30 days. Our Terms and Conditions are attached and incorporated herein by
reference,which,together with this letter,will constitute the entire agreement between us.
365 Highway 365 • Port Arthur, TX 77640 I Office: 409.727.8227 • Fax: 409.723.7485 I TotalSafetv.com
Total Safety U.S., Inc.
QUALIFICATIONS
Client Responsibilities
Client to provide access to the work area and will notify proper authorities of our presence.
If this proposal is deemed satisfactory, please sign below and return a copy to my email at
dward@totalsafety.com and copy shebert@totalsafety.com referencing proposal. Should you have any
questions, please contact me at(409) 727-8227.
Sincerely,
Daniel R.Ward
Regional Manager EHS Services
DSHS Asbestos Consultant License No: 10-5479
ATTACHMENTS: Total Safety Terms and Conditions
549 4th Street,Port Arthur,Texas
Asbestos/Lead/Interior Demo Monitoring Proposal Page 2 of 5
May 6,2019 Proposal No. P7333-19
DS*. TOTAL SAFETY`
Building HEROES. Protecting HEROES.
Total Safety Terms and Conditions
1. Scope. Customer has requested that Total Safety perform the safety services (the "Services") set forth in the
proposal, invoice or other document attached hereto. These terms and conditions(the"Agreement")shall apply to
Services provided by Total Safety, and any purchase, service or work order issued by Customer shall be for
informational purposes only,to describe the particular Services,and shall not modify or change any provision of this
Agreement. Any rates set forth on the attached document are subject to adjustment annually.
2. Selection of Equipment, Products and Services. Customer is responsible for determining the experience, level
of authority, and number of personnel to sufficiently comply with Customer's safety requirements for the
project. All Services will be provided pursuant to Customer's safety policies,procedures and manuals. To the extent
the Services include safety and/or health professionals to supplement or augment Customer's existing safety or
health staff, such services shall be supplied in accordance with Customer's specifications and Customer shall be
responsible for providing adequate training and supervision. Customer has selected the Services on the basis of its
own judgment and expressly disclaims reliance upon any statements, representations or warranties made by Total
Safety.
3. Payment. Payment is due 30 days from the invoice date or date Total Safety submits the invoice into
Customer's EDI application. Discrepancies are required to be advised within 30 days of invoice date. Invoices with
discrepancies raised after 30 days shall be subject to the late payment penalty described in Section 8 hereto.
4. Late Charge. A late payment penalty charge of 2% per month, pro rata from the date of the invoice, will be
applied for any payment made later than 30 days from invoice date or date Total Safety submits the invoice into
Customer's EDI application. In addition,Total Safety shall have the right to terminate this Agreement. In any action
to collect amounts due under this Agreement, Total Safety shall be entitled to recover its costs and reasonable
attorney's fees.
5. Taxes and Indemnification. Customer agrees to pay and discharge when due any and all taxes and
governmental charges of any kind or character, federal, state, county, or municipal, which may be levied and/or
assessed at any time by reason of the Services and interest and penalties, if any, on such taxes or charges, and
Customer will at all times fully protect and save Total Safety and its successors and assigns harmless from and against
any such taxes,governmental charges and interest and penalties thereon.
6. Default. If Customer fails to make a monthly payment when due, or if Customer becomes insolvent or makes
an assignment for the benefit of creditors or files a Petition in Bankruptcy or if a receiver is appointed for the
Customer's business,or if a Customer fails to comply with any of the other terms and conditions of this Agreement,
or otherwise breaches this Agreement, such shall constitute a default hereunder and Total Safety may thereupon
exercise all rights and remedies as are accorded hereunder or otherwise provided by law. In the event of default,
Total Safety may do any or all of the following without notice or demand:(1) declare all rental payments hereunder
to be immediately due and payable, (2) terminate this Agreement and (3) pursue any other remedy permitted by
law. Customer also agrees to pay upon request all collection and legal costs, including reasonable attorney's fees
and court costs, incurred by Total Safety to the extent permitted by law.
7. Warranty. Services shall be performed diligently, efficiently,in a safe and workmanlike manner in accordance
with Agreement and generally consistent with practices applicable to such Services in the area in which the Services
365 Highway 365 • Port Arthur,TX 77640 Office 409.727.8227 • Fax:409.723.7485 TotalSafety.com
Total Safety U.S., Inc.
are to be performed. Defective Services shall be reperformed. Other than as set forth herein,Total Safety makes
no warranties whatsoever in respect to the Services
8. Exclusive Remedy. Customer's sole and exclusive remedy for breach of warranty,tortious conduct, breach of
contract,or any other cause of action against Total Safety or its officers,agents or employees, if any,shall be limited
to the warranty set forth herein. Customer specifically understands and agrees that no other remedy(including but
not limited to claims for incidental, special, consequential, or punitive damages for any cause whatsoever or injury
to persons or property or any other consequential, economic, special or incidental loss) shall be available to
Customer.
9. Indemnification of Customer. With respect to all Services provided by Total Safety, each of Total Safety and
Customer shall, to the extent permitted by law, indemnify, defend, and hold harmless the other from and against
any and all claims,demands,complaints or actions of third parties(including employees of the parties or government
agencies) arising from or relating to the Services (including personal injury, death, property damage or damage to
the environment), to the extent caused or arising out of the negligence, willful misconduct, breach of this
Agreement, or violation of law of or by the Indemnitor. Further, in the event the parties are jointly at fault or
negligent, they agree to indemnify each other in proportion to their relative fault or negligence. The claims,
demands, complaints, and actions covered hereunder include all settlements, losses, liabilities, judgments, court
costs, reasonable attorney's fees, fines, penalties and other litigation costs and expenses arising from or related to
such claims, demands, complaints or actions. In no event shall either Party have any liability to the other Party for
any lost profits, loss of use, costs of procurement of substitute goods or services, or for any indirect, special,
incidental, punitive, or consequential damages, however caused, and whether in contract,tort, or under any other
theory of liability.
10. Insurance. Total Safety carries automobile,general liability,property,workers'compensation and professional
liability insurance policies to provide coverage for its operations, property and employees while at Client locations
and performing services for Clients. Upon request of Client,Client shall be named as an additional insured on Total
Safety's automobile and general liability policies to the extent of Total Safety's contractual obligations under this
Proposal.
11. Drawings. All drawings,diagrams,specifications and other material furnished by Total Safety and identified as
confidential relating to the use and service of articles furnished hereunder and the information therein are
proprietary to Total Safety. Such material has been developed at great expense and contains trade secrets of Total
Safety. Customer may not reproduce or distribute such materials except to Customer's employees who may use the
articles as part of their duties. All such materials relating to the articles supplied directly by Total Safety (except
information as may be established to be in the public domain or disclosed pursuant to judicial government action)
shall be received in confidence and Customer shall exercise reasonable care to hold such information in confidence.
12. Force Majeure. If either Party is unable to perform its obligations under this Agreement or any Service Order
as a result of a Force Majeure Event and the affected Party notifies the other Party,the Service Order or a particular
Service may be terminated by the affected Party giving notice to the other Party that the Force Majeure Event is of
sufficient duration to substantially diminish the affected Party's ability to perform under this Contract. For purposes
of this paragraph, a Force Majeure Event shall be defined to mean any event beyond the control of the affected
Party which prevents the performance of that Party's obligations under this Agreement, including, without
limitation, earthquakes, hurricanes,fires, and other physical natural disasters;Acts of War,terrorism, riot,civil war,
blockade,insurrection or civil disturbances;or acts of a governmental entity,agency or other authority that prevents
or makes unlawful performance under this Agreement
4
549 4th Street, Port Arthur,Texas
Asbestos/Lead/Interior Demo Monitoring Proposal Page 4 of 5
May 6,2019 Proposal No.P7333-19
•
Total Safety U.S., Inc.
13. Entire Agreement. The terms set forth herein constitute the entire Agreement between Total Safety and
Customer with respect to the Services,and shall not be amended except in a writing signed by both Parties.
14. Governing Law,Venue and Jurisdiction.This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas applicable to contracts made and to be performed therein,exclusive of the choice of
law or conflict of laws provisions thereof. Any action or proceeding seeking to enforce any provision of,or based on
any right arising out of,this Agreement may be brought against any of the parties in the courts of the State of Texas,
County of Jefferson,or,if it has or can acquire jurisdiction,in the United States District Court for the Eastern District
of Texas,and each of the parties consents to the jurisdiction of such courts(and of the appropriate appellate courts)
in any such action or proceeding and waives any objection to venue laid therein.
Accepted for Client
BY:
NAME:
TITLE:
DATE:
5
549 4th Street,Port Arthur,Texas
Asbestos/Lead/Interior Demo Monitoring Proposal Page 5 of 5
May 6,2019 Proposal No.P7333-19
