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HomeMy WebLinkAboutPR 20926: CONTRACT TO AAR, INC. FOR ASBESTOS/LEAD ABATEMENT & DEMO OF 10 PROPERTIES City of --- 711 urt rthu�- Texas INTEROFFICE MEMORANDUM Development Services Department Code Compliance-Demolition Division Date: September 12, 2019 To: Ronald Burton, Interim City Manager; Mayor and City Council From: Darlene Thomas-Pierre, Director of Inspections/Code Compliance Re: P. R. NO. 20926 — AWARDING A CONTRACT TO AA , INC. FOR ASBESTOS/LEAD ABATEMENT & DEMOLITION OF TEN (10) DANGEROUS COMMERCIAL PROPERTIES LOCATED THROUGHOUT THE CITY COMMENT Nature of the Request: Staff recommends that the City Council adopt P. R. No. 20926 authorizing the City Manager to execute a contract with AAR, Inc. in the amount of$141,175.00 for asbestos/lead abatement and demolition and removal of ten (10) dangerous commercial properties located throughout the city. StaffAnalysis/Considerations: Bids for asbestos/lead abatement and demolition of fifteen (15) dangerous commercial properties were opened on September 11, 2019. AAR, Inc. is the lowest responsible bidder for ten properties; their bid is $141,175.00,to be completed within thirty-one (31) working days from the date they receive a Notice to Proceed. Bid award is based on the lowest and most responsive bid. Lark Group, Inc. bid$144,280.00(50 days); Sitek Omni Services,LLC bid $199,400.00(44 days); and Grant Mackay Company, Inc. bid $296,579.00 (52 days). See chart below. The bid tabulation follows. Lark Group *AAR,Inc. Sitek Omni Grant Mackay Warren,TX Houston, TX Humble,TX Houston,TX 1036 Abe Lincoln Avenue 6,050.00 7,450.00 9,800.00 14,579.00 418 Beaumont Avenue 7,000.00 8,050.00 10,400.00 17,900.00 2249 Gulfway Drive 7,800.00 14,100.00 13,200.00 29,800.00 2511 Memorial Boulevard 33,300.00 23,875.00 26,600.00 37,600.00 1300 E. Rev. Ransom Howard Street(aka 7th Street) 21,100.00 19,500.00 34,200.00 45,400.00 2300 10th Street 11,900.00 21,175.00 32,400.00 36,800.00 3435 25th Street 14,500.00 8,725.00 18,800.00 39,800.00 3849 28th Street 11,800.00 14,775.00 18,800.00 32,200.00 316 48th Street 15,700.00 11,975.00 17,200.00 18,000.00 2224 W. 615t Street 15,130.00 11,550.00 18,000.00 24,500.00 TOTAL BID $144,280.00 *$141,175.00 $199,400.00 $296,579.00 *Successful Bidder 1 P.R.#20926—ASBES./LEAD/DEMO CONTRACT—AAR,INC. 09/12/19 PAGE 2 OF 2 Recommendation: Staff recommends that the City Council adopt P. R. No. 20926 thereby authorizing the City Manager to execute a contract with AAR, Inc. in the amount of$141,175.00 for asbestos/lead abatement and demolition and removal of ten(10)dangerous commercial properties located throughout the city. Budget Consideration: Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 001- 1052-517.59.00(General Fund; Other Contractual Service). Attachment: Bid Tabulation cc: Deborah Verret, Clifton Williams STRUCTURES TO BE DEMOLISHED: 1. 1036 ABE LINCOLN AVENUE (COMMERCIAL REAR RESIDENCE)LEAD/NO ASBESTOS 2. 418 BEAUMONT AVENUE(LEAD/NO ASBESTOS) 3. 2249 GULFWAY DRIVE(ASBESTOS/NO LEAD) 4. 2511 MEMORIAL BOULEVARD(ASBESTOS/LEAD) 5. 1300 E.REV.RANSOM HOWARD STREET(AKA 7TH STREET) (ASBESTOS/NO LEAD) 6. 2300 10T1 STREET(COMMERCIAL/RESIDENCE) (LEAD/NO ASBESTOS) 7. 3435 25' STREET(ASBESTOS/LEAD) 8. 3849 28TH STREET(ASBESTOS/LEAD) 9. 316 48T" STREET(LEAD/NO ASBESTOS) 10. 2224 W.61ST STREET(ASBESTOS/LEAD) "Remember we are here to serve the Citizens of Port Arthur" 2 � Y � " � 0-, d CG C� 0 " t...) t,) Nx . ( wJ N0" O A (IO ch I-+ NC A W O O *-+ A oo W EXHIBIT � to � r � � � � ya �y � ,c � > .c ; NN � CA O r ril A d y � rtcr � � 0 B rupo o' P + 7 < *0 `Ay -t rr .. C 0 to _ n �. 0 `rte d rilti: G <° _ ci e et to et XI -. 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R. NO. 20926 09/12/19 DTP RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO AAR, INC. IN THE AMOUNT OF $141,175.00 AND AUTHORIZING THE EXECUTION OF A CONTRACT BY THE CITY MANAGER FOR ASBESTOS/LEAD ABATEMENT AND DEMOLITION OF TEN (10) DANGEROUS COMMERCIAL PROPERTIES LOCATED THROUGHOUT THE CITY, TO BE CHARGED TO ACCOUNT NO. 001-1052-517.59-00 (GENERAL FUND- OTHER CONTRACTUAL SERVICE) 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 ten (10) dangerous commercial properties in the City of Port Arthur, to the best and lowest responsible bidder to-wit: AAR, 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 a contract between the City of Port Arthur and AAR,Inc.,for the contract price of$141,175.00 (a copy of said contract is attached hereto as Exhibit"B"); and, THAT said contract is a duplicate of the standard form Contract previously approved by the City's Legal Department; 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 24th day of September, A.D., 2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: Councilmembers: NOES: 3 P. R. NO. 20926 09/12/19 DTP MAYOR ATTEST: APPROVED AS TO FORM: ( el/c5f- CITY SECRETARY CIT WA NEY APPROVED FOR ADMINISTRATION: * ll: 41...1/I '`L _',dA / CITY MANAGER •S IE COMPLI• E T • AGE" (12, OPa 421 DIRECTOR OF DEVELOPMENT v SERVICES APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING: INTERIM DIRECTOR OF FINANCE PURC ASING MANAGER 4 a y y N N Ji Co) N y N Co.) Ca CN N r-+ N N A. I - r 2 d td CO d n C C V1 O vt �+l VD O N ON 01 A W O o ■-+ A oo © O , vAi a s y 00 �- O CA y A ,.. ,0 (A o o — vz o, n A EXHIBIT tc yi >. >- 0. 1-- � � � 00oNov�io � 3G� e >. a rz' :•1 C'.) o o 0 r" r' ; mscn g C r . W 4 R _, `� 0 a c Crii, •i 0 "R el) g A P oc r + � � Eby 7� .. . , o r' nz5 c = o' K Ch CO O wq C `< O t„ co et eD A ;h w• ke �. E. 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O A VJ k a C CD ^ N O J J O -1 -.1 VI •-•1 -4 N v O v O VI CA Pi " y co O JI O (A CCA O CII C•/I O V► CA CA (11 O CII O O O ril > C co O O O o o O O O O O O O O O o O O O CI bri *I1 m O O O O co co O O co O co co O co O co co O b :- HH .O -I W W Ca Ca Vt N Ca W VI VI V1 VI VI V1 Ca Ca °'C O 4 Z Z EA 6A 6A 6A FA EA 6A 6A EA EA 6A 6A 6A 6A 5A 6A EA 6A Cl) V 7 C ora ;h Owe 'O _ I•+ Imo+ N �O N �+ Ca Ca Ca A Ca N H+ •i n •• CN O 00 00 00 0, Ch CN A 00 N VO Ch CII r 1 VD 1 A O 0, �D t= t11 c) 1.o In Vi O N 00 oo A o mo ,o CA Cn --4 o © © © © © �1 0 o o 0 o 0 0 0 0 -4 " n . c o 0 0 0 0 0 vo o 0 0 0 o 0 o © o :c O o o 0 0 o 0 0 00 0 o o 0 0 0 0 0 0 0o 0o 0 0 0 0 0 o 0 = 0 o o 0 0 c y C7 -1 N '!i • r VI CM Ji Ji 'J1 'Ji '../1 O V1 VI VI CA V1 VI VI VI CA CA a a 6A 6A 6A 6A 6A 6A CA Ui 6A EA 6A GA EA 6A 6A 6A 6A 6A 1-. _ z z n O 00 A - t-+ .A N W 0 H 4 T N �1 .- C-.I N 00 .- X11 A .- A �+ h+ Ca :4 ] T CA X CO Ch 00 0 N i, N N J 07 tll vp ) i to 00 O o �] 0C C0 O O o 0 0 00 Ca 0 0 0 0 0 0 0 0 VI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O O O O O O O o 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EXHIBIT"B" CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this day of in the year 2019, 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 AAR, 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/LEAD ABATEMENT/DEMOLITION OF TEN (10) COMMERCIAL BUILDINGS 1. 1036 ABE LINCOLN AVENUE (COMMERCIAL REAR RESIDENCE) LEAD/NO ASBESTOS 2. 418 BEAUMONT AVENUE (LEAD/NO ASBESTOS) 3. 2249 GULFWAY DRIVE (ASBESTOS/NO LEAD) 4. 2511 MEMORIAL BOULEVARD (ASBESTOS/LEAD) 5. 1300 E. REV. RANSOM HOWARD STREET (AKA 7TH STREET) (ASBESTOS/NO LEAD) 6. 2300 10TH STREET (COMMERCIAL/RESIDENCE) (LEAD/NO ASBESTOS) 7. 3435 25TH STREET (ASBESTOS/LEAD) 8. 3849 28TH STREET (ASBESTOS/LEAD) 9. 316 48TH STREET (LEAD/NO ASBESTOS) 10. 2224 W. 61ST STREET (ASBESTOS/LEAD) The Work is generally described as follows: Asbestos/Lead 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 thirty-one (31) 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 $150.00 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), One hundred forty-one thousand, one hundred seventy-five dollars and no cents ($141,175.00). 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. 1 • EXHIBIT"B" 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. 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: AAR, INC. Signature By: By: Ronald Burton Printed Name/Title Interim City Manager Attest: Attest: Date: Date: *Demolition Specifications are made a part of and attached hereto. *Asbestos/Lead 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-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 • t • 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/LEAD ABATEMENT DEMOLITION OF TEN (10) COMMERCIAL PROPERTIES: 1. 1036 ABE LINCOLN AVENUE (COMMERCIAL REAR RESIDENCE) LEAD/NO ASBESTOS 2. 418 BEAUMONT AVENUE (LEAD/NO ASBESTOS) 3. 2249 GULFWAY DRIVE (ASBESTOS/NO LEAD) 4. 2511 MEMORIAL BOULEVARD (ASBESTOS/LEAD) 5. 1300 E. REV. RANSOM HOWARD STREET (AKA 7" STREET) (ASBESTOS/NO LEAD) 6. 230010TH STREET (COMMERCIAL/RESIDENCE) (LEAD/NO ASBESTOS) 7. 3435 25" STREET (ASBESTOS/LEAD) 8. 3849 28TH STREET (ASBESTOS/LEAD) 9. 316 48TH STREET (LEAD/NO ASBESTOS) 10. 2224 W. 61ST STREET (ASBESTOS/LEAD) 4 p . EXHIBIT`B-1" A. Before any building or structure is demolished, its utilities shall be safely disconnected. The Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have them disconnect the services and remove all meters and equipment belonging to them. Forty-eight (48) hours' written notice must be given the City for termination of their utilities. All piping and wiring shall be properly terminated. Any costs incurred in the termination of utilities and services shall be borne by the Contractor. B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors, windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and the cleaning and removal of all rubbish,trash or other debris that would inhibit or prevent the mechanical mowing of said lot and premises. C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath demolished building(s) or structure(s) and all ruts or other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. D. Any trees and shrubs designated by the Community Services Department will be cut down and removed from the premises. 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