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HomeMy WebLinkAboutPR 11960:DEMOLITION (GROUP E)Memo To: Steve Fit:zgibbons, City Manager From: Lawrence Baker, Director of Commun/ty Service~ Date: S'eptember 27, 2002 Re: P. R. NO. 11960 - AWARDING A CONTRACT TO PROVOST DEMOLITION AND CONSTRUCTION FOR DEMOLITION OF FOUR (4) DANGEROUS 'RESIDENTIAL STRUCTURES (GROUP E) LOCATED THROUGHOUT THE CITY COMMENT RECOMMENDATION: Staff recommends that the City Council adopt P. lq.. No. 11960 authorizing the City Manager to execute a contract with Provost Demt~lition and Construction in the amount of $9.500.00 for the demolition and removal of four (4) dangerous residential structures located throughout the City. :~ BACKGROUND: Bids for twenty-two (22) structures were opened On '.~eptember 26, 2002. Provost Demolition and Construction is the low bidder for Group E: their'bid was $9.500.00 to be completed within nine (9) working days. Bid award is based 6n-the lowest and most responsive 'bid. Greater Texas Environmental, Inc.'s bid was $12,950.00 (no estimate of dayslwas given); and COastal Demolition, Inc.'s bid was $11,800.00 (12 days); and A bid tabulation follows: CONTRACTOR GROUP E *Provost Demolition & Construction Port Arthur, TX $ 9,500.00 Greater Texas Environmental, Inc. Warren, TX $12,950.00 Coastal Demolition, Inc. Beaumont, TX $11,800.00 *Successful Bidder Six contractors were notified of the bids. The contractors who were notified but did not respond are: (1) C & C Demolition, Inc. of Orange, Texas; (2) C. M. Independent Contracting of Beaumont, Texas; (3) Cherry Demolition of Houston, Texas; and (4) Sen/or Citizen Demolition of Port Arthur, Texas. (CONTINUED) P.1L #11960-DEMO CONTRACT-PROVOST DEMO & CONSTR-O9/27/O2.PAGE 2 OF ? BUDGET AND REVENUE IMPACT: Acceptance of this recommendation will not require a budget amendmem. Funds are available in Account No. 105-1431-552.59-00, Proiect No. C28120. STAFF LEVEL IMPACT: Acceptance of thi~ recommendation ~ 'ha'Ce no effect on current staffing level. .... . SUMMARY:' Staff recommends that the City Coup. cji adopt PtE No. 11960, thereby authorizing the execution of a demolition contract between the City of Port Arthur and Provost Demolition and Construction in the amount of $9,500.00. DTP STRUCTURES TO BE DEMOLISHED: 01. 4025 Procter Street (Residence) 02. 5140 Lewis Drive (Residence/2 Sheds) 03. 3829 Drexel Drive (Shed) 04. 3415 9~ Avenue (Garage Apartment) P. R. No. 11960 09/27/02 DTP RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO PROVOST DEMOLITION & CONSTRUCTIOBI IN THE AMOUNT OF $9,500.00, AN.D AUTHORt~--ING-'THE EXEcuTION OF A CONTit~CT FOR THE D~VI~)LITION OF FOUR (4) DANGEROUS RESIDENTIAL pROP~.RTIES (GROUP E), TO BE CHARGED TO ACCOUNT NO. 105- 1431-552.59-00, PROJECT NO. C28120. 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 the demolition of four (4) dangerous residential properties in the City of Port Arthur, to the best and lowest responsible bidder to-wit: Provost Demolition & Construction; 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 Provost Demolition & Construction for the contract price of $9~500.00 (a copy of said contract is attached hereto as Exhibit "A"); 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 "B', and.said changes are hereby approved; THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of October, A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: P. R. No. 11960 09/27/02 DTP AYES: MAYOR: Councilmembers: NOES: · ' MAYOR ATTEST: CITY SECRETARY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY APPROVED AS TO AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE "EXHIBIT A' DEMOLITION CONTRACT CITY OF PORT ARTHUR THE STATE OF'TEXAS .: cOUNTy OF JEFFERSON' THIS AGREEMENT is made and entered into this' day of ,2002, by and between the City of Por~ Arthur, hereinafter called the "CITY", and Provost Demolition & Construction, hereinafter called the "CONTRACTOR", in consideration of the mutUal agreements contained herein and for a total sum of Nine thousand, five hundred dollars and no cents' ($9,500.00); we do hereby~:agree to all terms, conditions and specifications contained herein and attached hereto; and we do hereby declare VALID this AGREEMENT and CONTRACT: SECTION I WITNESSETH: THE A. CONTRACTOR SHALL: Furnish all labor, materials, tools, machinery, qualified supervision and all other items and services necessary for satisfactory completion of specifications and agreements contained herein for demolition of structures and cleanup at ~he property described as GROUP E, described in the attached bid sheets. Start '~; the herein specified work within 5 days from ih~'- above date of this AGREEMENT AND CONTRACT, and furthermore, diligently pursue same until satisfactorily completed on or before the day of 2002 [Within nine (9) working days], time being of the essence. It is further understood that if the contract is not completed by the foregoing completion date, (or the said date as extended pursuant to provisions' . of this contract), the CONTRACTOR shall be assessed liquidated damages of twenty-five dollars ($25) per day for each day the contract is not completed after said date. 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 as you dispose by cash or cashier's check. Perform all work in accordance with the terms of this AGREEMENT and the DEMOLITION SPECIFICATIONS attached hereto. "EXHIBIT A" D. Be responsible for obtaining all necessary and general and special permits and pay any and all fees for said permits and any other fees, public or private, which may be required by the United States, the State of Texas, Jefferson County, or the City of Port Arthur, to satisfactorily complete the work as specified and agreed to herein. E. Furnish certificates of insurance to the}City's Purchasha~ &gent evidencing that the CONTRACTOR has obtained. Workman's Compensati6n, General Liability and Automobile Liability Insuronce, v~hich is required by the CITY for pe, rformance of the work specified here. Minimum amounts of such insurance to be obtained by the CONTRACTOR are .as follows: Statutory Texas Workman's Compensation Insurance (with waiver of subrogation in favor'ofthe City, its officers, employees and agents. Commercial General Liability occurrence type insurance (products/ completed operations coverage must be included and the City and its officers, employees, and agents must be named as an additional insured): a. General Aggregate b. Products-Comp/Ops Aggregate c. Personal & Advertising Injury d. Each Occurrence e. Fire Damage $500,000 $500,000 $500,000 $500,000 $.50,000 Commercial Automobile Liability (including owne_d, non-6wned, and h~red vehicles coverage). -' a. Bodily Injury (per person) b: Bodily Injury (per accident) : c. Property Damage $300,000 $500,000 $I00,000 4. Contractor Surety Bond : $ 5,000 Furnish to the Purchasing Agent, City of Port Arthur, prior to commencing work, certificates of insurance meeting the above listed insurance requirements for any sub-contractors, haulers, or independent workmen used by the CONTRACTOR in performance of the work specified herein. Ensure that competent and qualified supervision is present on the job site at all times while work is in progress and that all demolition work is pursued in such a manner as to maximize the safety of all workmen, the general public and surrounding property. "EXHIBIT A' Comply with the Civil Rights Act of 1964 and Section 109 of the Housing and Community Development Act of 1974, to wit: No person in the United States shall, on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected .to discrimination under any program or activity funded in whole or part with fUff'ds made available under. this title. : SECTION II. THE CITY SHALL: .Inspect the demolition work in progress to ensure that such work is being Carried out in accordance with the terms of this AGREEMENT and the DEMOLITION SPECIFICATIONS attached hereto. Compensate the CONTRACTOR according to the following method: Except as hereinafter provided, payment for the Demolition Contract will be made in a lump sum after completion and acceptance of the contract work. One progress payment may be requested when at least fifty percent (50%) of the contract work is completed. Ten percent (10%) of the progress payment will be retained. This retainage will be held in escrow by the City for a maximum of thirty (30) days after satisfactory completion and acceptance of the 'Contract to guarantee 'the completion of work. Thirty (30) days after said completi6n.and accePtance, '~nal payment shall be made in a lump sum or total agreed. price less the progress paYment, if made, by check issued by the City of Port Arthff/' and made payabI~ to the 'CONTRACTOR for the satisfactory completion of the work, described herein. Any paYments are subject to satisfactory intermediate and final inspections b)(the City. Further, an applicable request for payment must be made by the CONTRACTOR prior to each payment. SECTION HI General Conditions: If performance by the CONTRACTOR is prevented or delayed as a direct result of acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God, such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one (1) working day of additional time Will be allowed to the CONTRACTOR for each working day lost from such cause, provided the CONTRACTOR, within three (3) days after the beginning of such delay, gives written notice to the City. "EXHIBIT A' If for any reason, other than those specified above, the CONTRACTOR at any time fails for a period of five (5) consecutive working days to supply enough skilled workers or otherwise neglects to execute the work properly, the CITY, after these five (5) working days may give written notice to the CONTRACTOR terminating his contract. .... The CONTRACTOR shall repa!r' or .replace, if neCesiary, 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 CONrlI~CTOR'S or any of the subcontractor's operations. The CONTRACTOR shall leave these areas in a satisfactory and workmanlike condition, at least equal to that existing before-the CONTRACTOR hereunder started his work. The CONTRACTOR agrees to indenmify and hold harmless the City of Port Arthur, Texas from any and all claims, and damages of any and every kind for injury to or death of any person, and~ damages to property arising out of the demolitiOn. Any amendments to this contract shall be written and must be executed by both the CITY and the CONTRACTOR prior to the implementation of any such change. This CONTRACT and AGREEMENT embodies and represents all of the rights, duties and obligations of the CITY and the CONTRACTOR: and any oral. or writ!~n agreements prior to the date first above written, not'included or embodied herein shall be declared void and not be binding or of benefit to any of the parties herein mentioned. SECTION IV Particular Requirements: Other particular work requirements are contained in the DEMOLITION SPECIFICATIONS, which are attached hereto and made a part hereof as Exhibit "A 1" ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, ETC., UNLESS OTHERWISE NOTED. 4 "EXHIBIT A' SECTION V If the CONTRACTOR materially defaults in (a) failing to have liability insurance; (b) not completing the CONTRACT within the time required; or (c) uses demolition procedures that are dangerous to the health and safety of residents and/or adjoining residents, the Director of Community Services has the authority to issue a c-e-~e and desist order until this matter can be reviewed by the City Coun~cil') i: :. SIGNED AND AGREED TO this day of ,A.D. 2002: PROVOST DEMOLITION & CONSTRUCTION WITNESSED SIGNED AND AGREED TO this day of CITY OF PORT ARTHUR BY CITY MANAGER WITNESSED ., A.D. 200.2: DEMOLITION SPECIFICATIONS CITY OF PORT ARTHUR I. TITLE H. SCOPE .- 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". The scope and purpose of these specifie/tiions 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 require~l by the 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 Community Services Department's BID FORM FOR DEMOLITION. The completion 0f 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 twenty-five dollars ($25) per day for each day exceeding the completion date. IV. INSURANCE REQUIREMENTS A. The Contractor shall, upon submission of bid, furnish the C~y-with certificates of insurance, indicating the existence of Statutory Workman's Compensation Insurance, General ~and Auto Liability, Public Liability, and Property Damage Insurance. Such insuranc~ 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 terminatiorl 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 orkman s Compensation Insurance; Commercial General Liability: a. General Aggregate b. Products-Comp/Ops Aggregate c. Personal & Advertising Injury d. Each Occurrence e. Fire Damage 1 $500,000 $500,000 $500,000 $500,000 $ 50,000 Automobile Liability a. Bodily Injury (per person) b. Bodily Injury (.per accident) c. Property Damage 4. Contractor Surety Bond $300,000 $500,000 $100,000 $ 5,000 V. PERMITS. : The Contractor/Successful Bidder must obtain from the City of Por~ Arthur and ail other govemmenta! entities, at his own expense, aH necessary general and special permits and pay any and ail fees for said permits and any other fees, public or private. All Contractors are required to have a Landf'dl 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 generai guide in the demolition of structures. It must be noted, however, that there are special requixements 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/St~ccessful Bidder to comply with ail particular requirements. A. It is understood and agreed that the Contractor/Successful Bidder will function ~nd operate as an independent contractor. Any liability incurred b~ the Contractor/SucceSsful Bidder will accrue only to that party as an independent contractor arid not to the City of Port Arthur. ' ~- . No work under a City DEMOLITION CONTRACT shail 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. The demolition work specified herein shall be performed in a s~fe, satisfactory condition, starting with the roof and working down, with the safety and Welfare of all people and property being of the highest priority. 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. 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 shail 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 2 Ho Ko the Contractor's or any of the subcontractor's operations. The Contractor shall leave these areas in a satisfactory condition. 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. All demolition work must be carried out 5o the satisfaction~of the City's Inspections Official. .. . ::~ ~ ~. The City (without prejudice to any 6ther dght 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: Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of his/her creditors. Violate or disregard provision~ of the Contract or instruction from the Owner. Fail to prosecute the work according to the agreed Schedule of Completion, including amendments and/or modifications thereof. 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 t!/e Contract, the City will engage another contractor to complete the work. Payment foX'the completion of S~ch work will come from funds obligated by the City under its contract with the original Contractor. METHOD OF PAYMENT Payment shall be made as provided in Section II of the contractl 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 b.e discovered: I. Defective work not corrected. 2. Claims filed against the Contractor. 3. Reasonable evidence indicating the probability of filing claims against the Contractor. 3 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:O~ them shall be paid to the Contractor subject to and within the other terms.bfthis 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: GROUP E , -T~YPE OF STRUCTURE 4025 Procter Street Residence 5140 Lewis Drive Residence/2 Sheds 3829 Drexel Drive Shed 3415 9~h Avenue Garage Apartment Before any building or structure is demolished, its utilities shall b~ safely disconnected. The Contractor shall serve notice to all supplier~ of uiilities 'to'ithe building t(~ be demolished and have them disconnect the services and remove al! r~eters and equiprhent 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 Contrag~or. Demolition and clean-up includes, but is not limited to, the removal of all lumber,, doors, windows, wire, sheet metal, appliances, furniture, loose rock, bhck, mortar, concrete, and the cleaning and removal of all rubbish, ~rash or other debris thit would inhibit or prevent the mechanical mowing of said lot .and premises. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath demolished building(s) or structure(s) and ail ruts or other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. Any trees and shrubs designated by the Community Services Department will be cut down and 'removed from the premises. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches. 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. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE NOTED. HAZARDOUS MATERIALS Materials defined by the Environmental -Protection Agency~.'to be hazardous to the environment or persons, shall be disposed of in accordance 'wi:-~h 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. BOND REQUIREMENTS If the amount bid on the contract exceeds $25,000, the Contractor will be required to .furnish a Performance Bond and a Labor and Material Payment Bond in the amount of $100% of the contract on forms furnished by the City. .2, 5 (Law Departmen0 (Required Form) (07/08/88) (10/05/89) (p. ~' Revised P.R. # 11960 Exhibit"B" (City of Port Arthur) CERr~'iCATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I certify that the contract (hereinafter called "~sald contract") affixed to the attache~d proposed City Council Resolution No. 11950 is an exact duplicate ~ an aplSlicable standard form c~ntract (the title of which is shown below) previously approved by the Law Department. ~nd adopted as a standard form by City Council Resolution, except for the blanks that have been filled in with ali necessary information and except for the changes described below. The title of the applicable standard form contract is: [ ] Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89 [] [] Non-Federally Funded Construction Contract, Revised 01/05/88, 07/~9, 08/89 Federal - Professional Services - Engineering Contract, Revised 01/05/82, 05/89, 07/89, 04/91 Nun-Federal - Professional Services - Engineering Contract, Revised 01/05/881 05/89(§10), 07189(§8) CDBG - Professional Services - Engineering Contract, Revised 01/05/88, 05/89,§ 07/89§ [] Federal - Professional Services - Non-Engineering (Consultant) contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [] Non-Federal - Professional Services - Non-Engineering (Consultant) Contract Revised 01/05/88, 05/89 (§1o), 07/89(§8) :~ [] CDBG - Professional Services - Non-Engineering .(Consultanti Contract, Revised 01/b~/88, 05/89(§10), 07/89(§8) .~ =. Other Standard Form Contract, described as follows: ' ' CDBG Demolition Contract The changes are as follows: (Put an "X" in the appropriate [ ]). IX] None. [] The following described provisions at the indicated page, section, etc. of the standard form have been deleted from said contract: DELETIONS Page Number Where Deleted Provision is Found On Standard Form Section or Paragraph No. and Caption Which Coutaias Provision Deleted Prom Form Section or Subparagraph No. and Captiou Which Contains Description of Provision Deleted Provision From Form Deleted P.R. #11960 Exhibit "B" [] Page No. W ere Provision Found On ' Standard Form The following described provisions at the indicated page, section, etc. of the stan~:lard form have been altered, modified, replaced or otherwise changed: ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ET~_C. : Sub§or ~ :. :: §or § No. Sub § No, ~' ~ & Caption of & Caption ' Standard of Stanchird Description Form which form which of Provision Contains . Conta.ins ' in Standard Provision Provision Form ".iPage, § & caption ~. sub § & caption, :: etc. of said contract which contains altered, etc. provision; & Description of Alteration '.etc. Il The following provisions have -been added to Said Contract: ADDITIONS Page, Section and Caption Subsection and Caption, etc. of said Contract Which Contains the Added Provision and Description Thereof I further certify that said attached proposed City Council Resolution contains the following provision: "That said contract is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exin'b~t B and ~s hereby incorporated by reference, and said changes are hereby approved.' I understand that this certificate will be relied on by the Law Department in reviewing and approving (or rejecting) as to form and by the City Council in reviewing andigdopting (or rejecting) said Resolution and Contract. ' Signed this 27t._~~ day of September, 2002. Director of Commurfity Services 2