HomeMy WebLinkAboutPR 21252: APPROVING A ONE YEAR AGREEMENT WITH TOTAL SAFETY, U.S., INC. C ,t\' r'f -- - \'
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INTEROFFICE MEMORANDUM
Development Services Department
Code Compliance-Demolition Division
Date: February 21, 2020
To: Ronald Burton, City Manager; Pamela Langford, Director of Development Services
Mayor and City Council
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From: Darlene Thomas-Pierre, Code Compliance Manager
Re: P.R. NO. 21252-APPROVING A ONE-YEAR AGREEMENT WITH TOTAL SAFETY,
U.S., INC. FOR ASBESTOS AND LEAD ABATEMENT CONSULTING SERVICES
THROUGH THE REGION 5 ESC SOUTHEAST TEXAS COOPERATIVE PURCHASING
ORGANIZATION,WITH A PROJECTED BUDGETARY IMPACT OF$45,000.00
COMMENT
NATURE OF THE REQUEST: Staff recommends that the City Council adopt P. R. No. 21252
authorizing the City Manager to execute a contract with Total Safety, U. S., Inc.,through the Region 5 ESC
Southeast Texas Cooperative Purchasing Organization, with a projected budgetary impact of $45,000.00.
Total Safety has the professional staff and the ability to provide the City of Port Arthur outstanding
abatement consultant services.
BACKGROUND: The City Council approved Resolution 20-019, authorizing the City to enter into an
interlocal agreement for cooperative purchasing with Region 5 ESC Southeast Texas Cooperative Purchasing
Organization. Total Safety, U. S., Inc. of Port Arthur, Texas, won the contract under their Region 5
contract No. 20190404. Total Safety has consistently provided excellent service, both professional and
timely.
BUDGET CONSIDERATION: Acceptance of this recommendation will not require a budget
amendment. Funds are available in Account 001-1052-517.54-00 (General Fund-Professional Services).
STAFF ANALYSIS/CONSIDERATION: Acceptance of this recommendation will have no effect on
current staffing level.
SUMMARY: Staff recommends that the City Council adopt P. R. No. 21252, thereby authorizing the
execution of an asbestos abatement consulting services agreement between the City of Port Arthur and Total
Safety, U. S., Inc. through the Region 5 ESC Southeast Texas Cooperative Purchasing Organization,with a
projected budgetary impact of$45,000.00.
DTP
Attachment: Special Price List
"Remember we are here to serve the Citizens of Port Arthur"
Total Safety U.S., Inc.
Environmental Services (excluding Engineering Services)
Price List for 2020
Special Price List for the City of Port Arthur
Asbestos/Lead Paint/Mold Inspector $35.40/hour
(Sample Collection, Field Work)
Asbestos/Lead Paint/Mold Consultant $35.40/hour
(Specifications, Scope of Work, Project Management, Report Writing)
Asbestos/Lead Paint/Mold Air Monitoring Technician $35.40/hour
(Owner's On-Site Rep, Air Monitoring)
Technical Specifications/Protocol/Final Report $499.00/set
(<10,000 sq. ft.)
Technical Specifications/Protocol/Final Report $499.00/set
(>10,000 sq. ft.)
Asbestos Survey Report $475.00/report
Lead Paint Survey Report $475.00/report
Mold Survey Report $475.00/report
Asbestos Air Sample Analysis (PCM) $0/sample
Asbestos Air Sample Analysis (TEM) $42.90/sample
Lead Air Sample Analysis (FAA) $10.00/sample
Mold Air Sample Analysis $45.00/sample
Mold Bulk Sample Analysis $45.00/sample
Asbestos Bulk Sample Analysis(PLM) $10.00/sample
Asbestos Sample Analysis (Point Count) $45.00/sample
Lead Bulk Sample Analysis (FAA) $10.00/sample
Mileage N/A
Per Diem (Lodging) N/A
Per Diem(Meal) N/A
P. R. 21252
2/21/20 DTP
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
ONE-YEAR AGREEMENT WITH TOTAL SAFETY, U.S., INC. OF PORT
ARTHUR, TEXAS, THROUGH THE REGION 5 ESC SOUTHEAST TEXAS
COOPERATIVE PURCHASING PROGRAM, CONTRACT NO. 20190404, FOR
THE PERFORMANCE OF ASBESTOS AND LEAD ABATEMENT
CONSULTING SERVICES, WITH A PROJECTED BUDGETARY IMPACT OF
$45,000.00; TO BE CHARGED TO 001-1052-517.54-00, GENERAL FUND -
PROFESSIONAL SERVICES
WHEREAS, pursuant to Chapter 271, Subchapter D, of the Local Government Code, a city may
participate in cooperative purchasing programs established by the State Facilities Commission for the
purchase of goods at prices established through purchase contracts of the Commission; and
WHEREAS, per Resolution No. 20-019, the City entered into an interlocal agreement for
cooperative purchasing with the Region 5 ESC Cooperative Purchasing Organization; and,
WHEREAS, asbestos and lead abatement consulting services are necessary for the performance
of certain demolition and other activities; and,
WHEREAS, the awarding of an agreement to Total Safety U.S., Inc. through their Region 5
Contract No. 20190404, is recommended; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct.
THAT,the price list is attached as Exhibit"A".
THAT, the City Manager is hereby authorized and directed to enter into a contract with Total
Safety U.S., Inc. of Port Arthur, Texas, through their Region 5 Contract No. 20190404, for asbestos and
lead abatement consulting services, in substantially the same form as attached as Exhibit"B".
THAT,the annual amount of these services has a projected budgetary impact of$45,000.
THAT, a copy of this caption be spread upon the Minutes of the City Council.
P. R. 21252
2/21/20 DTP
READ, ADOPTED AND APPROVED on this 3rd day of March, A.D., 2020, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
MAYOR
ATTEST: APPROVED AS TO FORM:
41.
CITY SECRETARY CI rY ATTORNEY
APPROVED FOR ADMINISTRATION:
( 12 ON" tt- clahl /Dr
CITY MANAGER DIRECTOR OF DEVELOPINT
SERVICES
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APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING:
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INTERIM DIRECTOR OF FINANCE PURCHASING MANAGER
EXHIBIT "A"
Total Safety U.S., Inc.
Environmental Services (excluding Engineering Services)
Price List for 2020
Special Price List for the City of Port Arthur
Asbestos/Lead Paint/Mold Inspector $35.40/hour
(Sample Collection, Field Work)
Asbestos/Lead Paint/Mold Consultant $35.40/hour
(Specifications, Scope of Work, Project Management, Report Writing)
Asbestos/Lead Paint/Mold Air Monitoring Technician $35.40/hour
(Owner's On-Site Rep, Air Monitoring,)
Technical Specifications/Protocol/Final Report $499.00/set
(<10,000 sq. ft.)
Technical Specifications/Protocol/Final Report $499.00/set
(>10,000 sq. ft.)
Asbestos Survey Report $475.00/report
Lead Paint Survey Report $475.00/report
Mold Survey Report $475.00/report
Asbestos Air Sample Analysis (PCM) $0/sample
Asbestos Air Sample Analysis(TEM) $42.90/sample
Lead Air Sample Analysis (FAA) $10.00/sample
Mold Air Sample Analysis $45.00/sample
Mold Bulk Sample Analysis $45.00/sample
Asbestos Bulk Sample Analysis (PLM) $10.00/sample
Asbestos Sample Analysis(Point Count) $45.00/sample
Lead Bulk Sample Analysis (FAA) $10.00/sample
Mileage N/A
Per Diem(Lodging) N/A
Per Diem(Meal) N/A
EXHIBIT "B"
EXHIBIT"B"
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF PORT ARTHUR
CONTRACT FOR ASBESTOS & LEAD ABATEMENT
CONSULTING SERVICES
AGREEMENT
THIS AGREEMENT, entered into by and between the City of Port Arthur, Texas
(hereinafter called the "CITY" or the "OWNER") acting herein by its City Manager, duly
authorized by Resolution of the City Council of the City of Port Arthur and Total Safety,
U. S., Inc. (hereinafter called the "CONSULTANT") acting herein by Jeff Sewell, its
General Manager, hereunto duly authorized:
WITNESSETH THAT:
WHEREAS, the CITY contemplates obtaining certain funds from the United
States of America, under its revenue-sharing program, for the implementation of an
asbestos and lead abatement consulting service for the City of Port Arthur; and
WHEREAS, the CITY desires to engage the CONSULTANT to render certain
technical and professional services hereafter described in "Scope of Services": NOW,
THEREFORE, the Parties hereto do mutually agree as follows:
1. EMPLOYMENT OF CONSULTANT
The City hereby agrees to engage the CONSULTANT and the CONSULTANT
hereby agrees to perform the "Scope of Services"hereinafter set forth.
2. SCOPE OF SERVICES
Consulting services shall be provided as follows:
A. BASIC SERVICES.
1) Description of Work: CONSULTANT will perform the work described below:
a) The designing of asbestos and lead abatement projects;
b) The inspection for asbestos-containing materials (ACM) and lead paint;
EXHIBIT"B"
c) The evaluation and selection of appropriate asbestos abatement and lead
abatement methods and project layout;
d) The preparation of plans, specifications and contract documents;
e) The review of environmental controls, abatement procedures for personal
protection employed during the project;
f) The design of area and clearance monitoring of the project;
g) Any inspection, management planning, air monitoring, or project
management;
h) Consultation regarding compliance with various regulations and standards;
i) Recommendations for abatement options; and
j) Representation of the City's interest.
2) Compensation: CONSULTANT'S compensation for Basic Services shall be
as set forth in Paragraph 5.
3. TIME OF PERFORMANCE
CONSULTANT will proceed on individual asbestos abatement projects as he receives
notice to proceed from the Director of Code Enforcement. He will complete each project
within the amount of days designated by the Director of Code Enforcement, unless
delayed by causes outside the control of CONSULTANT, and will proceed with
subsequent work only on authorization by OWNER. CONSULTANT shall immediately
submit to OWNER in writing evidence of delay satisfactory to the Director of Code
Enforcement's reasonable discretion, upon which an extension of time equal to the period
of actual delay shall be granted in writing.
4. INFORMATION AND SERVICES TO BE FURNISHED BY CONSULTANT
It is agreed that the CITY will furnish, without charge, for the use of the Contract,
information, data, reports, records, and maps as are existing, available and necessary for
the carrying out of the work of the CONSULTANT as outlined under "Scope of
Services." The CITY and its agencies will cooperate with the CONSULTANT in every
way possible to facilitate the performance of the work described in this Contract.
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EXHIBIT"B"
COMPENSATION AND METHOD OF PAYMENT. COMPENSATION: CITY will
pay CONSULTANT for work performed and services rendered under Paragraph 2
"Scope of Services", (Basic Services and Additional Services) at the following rates:
RATE QUOTATION
TEXAS DEPARTMENTOF HEALTH
LICENSED ASBESTOS CONSULTING SERVICES
Labor rates shall represent complete hourly labor rate including taxes, benefits, overhead,
profit, etc. Rate provided shall be applicable to hourly rate regardless of minimum
charge. These rates are in effect for one year.
LABOR CATEGORIES STANDARD
RATE
Asbestos/Lead Paint/Mold Inspector $35.40/hour
(Sample Collection/Field Work)
Asbestos/Lead Paint/Mold Consultant (Specifications, Scope of $35.40/hour
Work, Project Management, Report Writing
Asbestos/Lead Paint/Mold Air Monitoring Technician $35.40/hour
(Owner's On-Site Rep, Air Monitoring)
SPECIFICATIONS
Technical Specifications/Protocol/Final Report (<10,000 sq. ft.) $499.00/set
Technical Specifications/Protocol/Final Report (>10,000 sq. ft.) $499.00/set
REPORTS
Asbestos Survey Report $475.00/report
Lead Paint Survey Report $475.00/report
Mold Survey Report $475.00/report
ANALYTICAL RELATED FEES/CHARGES
Asbestos Air Sample Analysis (PCM) $0/sample
Asbestos Air Sample Analysis (TEM) $42.90/sample
Lead Air Sample Analysis (FAA) $10.00/sample
Mold Air Sample Analysis $45.00/sample
Mold Bulk Sample Analysis $45.00/sample
Asbestos Bulk Sample Analysis (PLM) $10.00/sample
Asbestos Sample Analysis (Point Count) $45.00/sample
Lead Bulk Sample Analysis (FAA) $10.00/sample
MISCELLANEOUS
Mileage N/A
Per Diem (Lodging) N/A
Per Diem (Meal) N/A
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EXHIBIT"B"
ASBESTOS AND LEAD ABATEMENT PROJECT CONTRACT
SPECIFICATIONS
Includes the following:
1. Project design and development of contract specifications
2. Creation/distribution of required addenda
3. Pre-qualification of abatement contractors
4. Preparation of invitation to bid
5. Pre-bid walk-through conference
6. Notice of intent to award
7. Pre-construction conference
8. Distribution of up to ten (10) bound sets of specifications
Price quotes include:
1. Required consultative interviewing
2. Project site investigation
3. Development of drawing
4. Revisions based on Owner's review
5. RECORDS
CONSULTANT shall keep accurate records, including time sheets and travel vouchers,
of all time and expenses allocated to performance of Contract work. Such records shall
be kept in the office of the CONSULTANT for a period of not less than five (5) years and
shall be made available to the CITY for inspection and copying upon reasonable request.
6. OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates, specifications, field notes and data
are property of OWNER. CONSULTANT may retain reproducible copies of drawings
and other documents.
7. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by OWNER. The CONSULTANT shall, at his own
expense, purchase, maintain and keep in force insurance as denoted in the attached
Exhibit"A", and shall specifically maintain professional liability insurance.
a) Professional liability insurance of$1,000,000.00.
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EXHIBIT"B"
1) CONSULTANT also agrees to maintain Professional Liability Insurance coverage of
$1,000,000.00 minimum per occurrence/claim/policy year aggregate limits against
CONSULTANT for damages arising in the course of, or as a result of, work
performed under this Contract.
CONSULTANT shall cause CONSULTANT'S insurance company or insurance agent to
fill in all information required (including names of insurance agencies, CONSULTANT
and insurance companies, and policy numbers, effective dates and expiration dates) and
to date and sign and do all other things necessary to complete and make into a valid
certificate of insurance, and pertaining to the above listed Item 5; and before commencing
any of the work and within the time otherwise specified, CONSULTANT shall file said
completed Form with the OWNER. None of the provisions in said Form shall be altered
or modified in any respect except as herein expressly authorized. Policies will not be
altered, modified or canceled unless at least thirty (30) days prior written notice has been
given to the OWNER. CONSULTANT shall also file with the OWNER valid
CERTIFICATE(S) OF INSURANCE on like form from or for all Subcontractors and
showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF
INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10)
days after execution of this Contract.
8. PROFESSIONAL LIABLITY
A. CONSULTANT shall be responsible for the use and employment of reasonable
skill and care befitting the profession in the designs, drawings, plans, specifications, data,
reports and designation of materials and equipment provided by CONSULTANT for the
projects covered by this contract. Approval by CITY shall not constitute nor be deemed a
release of waiver of the responsibility and liability of CONSULTANT for the accuracy
and competency of such designs, drawings, plans, specifications, data, reports and
designation of materials and equipment.
B. If services include periodic visits to the site to inspect work performed by another
contractor, CONSULTANT is responsible to exercising reasonable care and skills
befitting the profession to assure that the Contractor performs the work in accordance
with Contract documents and to safeguard the CITY against defects and deficiencies in
the work; provided, however, CONSULTANT does not guarantee or insure the work
completed by the Contractor. During visits to the asbestos abatement site, and on the
basis of the CONSULTANT'S on-site observations as an experienced and qualified
professional, he will keep the CITY informed of the extent of the progress of the work,
and advise the OWNER of material and substantial defects and deficiencies in the work
of contractors which are discovered by the CONSULTANT or otherwise brought to the
CONSULTANT'S attention in the course of asbestos abatement, and may, on behalf of
the CITY exercise whatever rights the CITY may have to disapprove work and materials
as failing to conform to the Contract documents.
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EXHIBIT"B"
9. INDEMNIFICATION
CONSULTANT shall comply with the requirements of all applicable laws, rules, and
regulations in connection with the services of CONSULTANT and shall exonerate,
indemnify and hold harmless the CITY, its officers, agents and all employees from any
and all liability, loss or damage arising out of noncompliance with such laws, rules and
regulations; without limitation, CONSULTANT shall assume full responsibility of
payments of Federal, State and local taxes or contributions imposed or required under the
Social Security, Worker's Compensation, and Income Tax Laws with respect to
CONSULTANT'S employees. Further, CONSULTANT shall exonerate, indemnify and
hold harmless the CITY, its officers, agents and all employees from any and all liability,
loss, damages, expenses or claims arising out of negligence of CONSULTANT, its
officers, agents, and employees in connection with any of the work performed or to be
performed under this Contract by CONSULTANT or as a result of CONSULTANT
failure to use and employ reasonable skill and care befitting the profession in accordance
with paragraph 9 hereof. Further, CONSULTANT shall exonerate, indemnify and hold
homeless the CITY, its officers, agents, and all employees from any and all liability, loss,
damages, expenses or claims for infringement of any copyright or patents arising out of
the use of any plans, designs, drawings, or specifications furnished by CONSULTANT in
the performance of this Contract.
10.ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: CONSULTANT:
CITY OF PORT ARTHUR TOTAL SAFETY, U. S., INC.
P. O. Box 1089 3151 Briarpark Drive, Suite 500
Port Arthur, Texas 77641-1089 Houston, Texas 77042
Attn: Pamela Langford Attn: Jeff Sewell
Director of Development Services General Manager
All notices and communications under this Contract shall be mailed or delivered to
OWNER and CONSULTANT at the above addresses.
11.CAPTIONS
Each paragraph of this Contract has been supplied with a caption to serve only as a guide
to the contents. The caption does not control the meaning of any Paragraph or in any way
determine its interpretation or application.
12.SUCCESSORS AND ASSIGNMENTS
The OWNER and the CONSULTANT each binds himself and his successors, executors,
administrators, and assigns to the other party of this Contract and to the successors,
executors, administrators and assigns of such other party, in respect to all covenants of
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EXHIBIT"B"
this Contract. . Except as above, neither the OWNER nor the CONSULTANT shall
assign, sublet, or transfer his interest in this Contract without the written consent of the
other. Nothing herein shall be construed as creating any personal liability on the part of
any officer or agent of any public body which may be a party hereto.
13.CIVIL RIGHTS
No person shall, on the grounds of race, religion, color, sex or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity of the CITY.
The CONSULTANT will carry out its work under this Contract in a manner which will
permit full compliance by the CITY with the Statute.
14.TERMINATION
The City reserves the right to terminate this Contract at any time by giving at least thirty
(30) days notice in writing to CONSULTANT. If the Contract is terminated by the CITY
as provided herein, the CONSULTANT will be paid for the time provided and expenses
incurred up to the termination date.
15.The term "Contract Documents" means and includes the following:
(a)Agreement
(b)General Information
(c) Specifications
(d)Proposal (Price List)
SIGNED AND AGREED TO this day of , AD 2020:
TOTAL SAFETY, U. S., INC.
WITNESSED
SIGNED AND AGREED TO this day of , AD 2020:
CITY OF PORT ARTHUR
BY CITY MANAGER
WITNESSED