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HomeMy WebLinkAboutPR 14627: K-T CONSTRUCTION - DEMOLITION CONTRACT (GROUP A-t)Memo To: Steve Fitzgibbons, Ciry Manager ~z/~~~~`~ From: Lawrence Baker, Director of Community Services f`~ Date: March 18, 2008 Re: P. R. NO. 1462T--AWARDING A CONTRACT TO'K-T CONSTRUCTION; LLC FOR THEW DEMOLITION OF SIX (6) DANGEROUS RESIDENTIAL STRUCTURES: (GROUP A-t) LOCATED THROUGHOUT THE. CITY (SSBG} COMMENT RECOMMENDATION:. Staff recommends that the CitS~ CouncIl adopt P. R. No. 14627 authorizing. the City Manager to execute. a contract with K-T Construction. LLC in the amount of $16,900.00.. fox the. demolition and removal of six (6) dangerous residential structures located throughout the City: BACKGROUND:. Bids .fox demolition of fifty-one. (51) residential structures were opened on March 12, 2008. K T Construction LLC is the low bidder for Group A-r their bid. is $16 900 00 to be completed within fifteen (~ working-days from the date they receive a Notice to Proceed. Bid award is based on the most responsive bid. Starco Solutions, LLC submitted an incomplete bid; and Lark Group, Inc. bid $24,900:00 (12 days). The bid tabulation follows: CONTRACTOR GROUP A-t Staxco Solutions, LLC,.Beaumont, TX No Bid: *K-T Construction, LLC, Beaumont, TX $16,900.00 IC T. Maintenance; Port Arthur, T~ $24,900.00 *Successful Bidder The City followed the procedures of Section 2-283 ox the Code of Ordinances fox public works projects expected to be less than $25,000.00. BUDGET AND REVENUE IMPACT:. Acceptance of this.xecommendadon will not require a budget amendment Funding is available inAccounYNo. 132-1021-514.59-00; Pioject No. SSBG03. Structures deemed ineligible fox the grant will be charged to other available funding sources. (CONTINUED) P R #14627-DEMO CONTRACT-K-T CONSTRUCTION/-DEMO' 3'=18-08 PAGE 2' OF 2- STAFF LEVEL IMPACT: Acceptance of this. recommendation will have no effect on current staffing level. SUMMARY: -Staff recommends that the City Council adopt.. P. R. No. 14627, thereby authorizing. the execution of a demolition contract between the City of Port Arthur and. g-T Constmction.. LLC in the amount of $16.900.00. DTP STRUCTURES TO BE DEMOLISHED: GROUP A-t (6 TYPB OF STRUCTURE S 3129' W. 59'~ Street Residence .1200 Ma le Street Residence 824 W: T" Street- Burned Rear Residence 2025=E: 11`" Street Residence/Gars e 2245~E: 9"' Street Residence 21i8~E..17s' Street Residence P':: R. No. 14627 03/18/08 DTP RESOLUTIONNO; A RESOLUTION AWARDING A CONTRACT TO KK=T CONSTRUCTION, LLC IN THE. AMOUNT OF $16.900.00, AND AUTHORIZING THE'EXECUTION OF A CONTRACT FOR THE_ DEMOLITION OF SIX (6) DANGEROUS RESIDENTIAL PROPERTIES (GROUP A-t), TO BE CHARGED TO ACCOiINT NO. 132-1021- 514.59-00; PROJECT NO. SSBG03; STRUCTURES INELIGIBLE.FOR THE GRANT WILL BE CHARGED TO OTHER AVAILABLE FUNDING SOURCES. 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 six (6) dangerous residential properties in the City of Port Arthur; to the best and lowest responsible bidder to-wit K-T Construction; LLC; and, THAT the City Manager of the City of Poxt Arthur is hexeb}= authorized and directed to execute on behalf of the City of Port Arthut~an agreement between the City of Port Arthur and K-T Construction; LLC, fox the contract price of $16.900.00 (a copy of said contract is attached hereto as Exhibit "A"); and, THAT since K-T Construction, LLC maybe awarded more than one group, the companpmust successfully and timely complete one gtoup before anew group is started; and, THr1T said contract is a duplicate of the standard form Contract previously approved by the City's Legal Department except fox 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; 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 25ei day of March, A.D.. 2008; at a Regular Meeting of the City Council of the City of Poxt Arthur, Texas by the- folloa=irrg vote: P: R. No. 14627 03'/18/08 DTP AYES: MAYOR: ~Councilxnembeis: ATTEST: MAYOR APPROVED AS TO FORM: .~~ ~z~~ CITY SECRETARY: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE 6/ /''`~~ DIRECTOR OF COMMUNITY SERVICES 2 EXHIBIT "A° DEMOLITION CONTRACT CITY OF PORT ARTHUR THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this 25`h',day of March, 2008, by and between the City of Port Arthur, hereinafter called the "CITY"; and K-T Construction, LLC, hereinafter called- the "CONTRACTOR", in consideration of the. mutual. agreements contained.herein~.and for a total sum of Sixteen thousand, nine-hundred. dollars and' no cents ($16,900.00); we do hereby agree ao all terms, conditions and.. specifications contained herein and attached hereto; and°we:do hereby declare VALID this AGREEMENT. and CONTRACT: WITNESSETH: SECTION T. THE CONTRACTOR SHALL: A. 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 the property described as Group A-t, described in the attached bid sheets. B. Start the herein specified work within 5 days from the date that the CONTRACTOR receives a "Notice to Proceed" from the City of Port Arthur, and further diligently pursue same until satisfactorily completed.on or before fifteen. (15) 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. C. Perform all work in accordance with the terms of this AGREEMENT and the DEMOLITION SPECIFICATIONS attached hereto. EXHIBLT: "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 orprivate;,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 Purchasing Agent evidencing: that the CONTRACTOR has obtained Workman's Compensation; General:.Lialiility and Automobile. I;iability .Insurance,.-which is required by the CITY for performance of the work specified here: Minimum amounts of such insurance to. be obtained by the CONTRACTOR are as follows: 1: Statutory Texan Workman's Compensation Insurance (with waiver of subrogation: in favor of the City, its officers, employees and agents. 2.. 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 $500,000 b: Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 e. Fii•e Damage_ $ 50,000 3. Commercial Automobile Liability (including: owned, non-owned, and hired vehicles coverage). a. Bodily Injury (per person) $300,000 b. Bodily Injury (per accident) $500,000 c. Property Damage ~ $100,000 4. Contractor Surety Bond $ 5,000 F. 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. G. 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 a5 to maximize the safety of all workmen, the general public and surrounding property: 2 EXHIBIT"A" H. 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 funds made available under this title. SECTION II. THE CITY SHALL;:. A. Inspect the demolition work in progress to ensure that such-work is being carried out in.accordance:with•the terms of this AGREEIvIENT and'the DEMOLITION SPECIFICATIONS attached hereto. B: Compensate the CONTRACTOR according. to the following method: Except as hereinafter provided, payment for the Demolition Contract will be made in a lump sum aftercompletion 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 completion and: acceptance, final 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 Arthur and made payable to the CONTRACTOR for the satisfactory completion of the work, described herein.. Any payments are subjectto satisfactory intermediate and final inspections by the City. Further, an applicable request for' payment must be made by the CONTRACTOR prior. to each payment. SECTION III General Conditions: A. 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!ao 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. 3 EXHIBIT "A" B. 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. C. .The CONTRACTOR shall repair or replace, if necessary, fo 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 and' workmanlike condition;. at least equal to that existing before the CONTRACTOR hereunder started-his work. D. The. CONTRACTOR agrees to indemnify 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. E: -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. F. This CONTRACT and AGREEMENT embodies and represents all of the rights, duties and. obligations of the CITY and the CONTRACTOR and any oral or written 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: A.. Other .particular work requirements are contained in 'the DEMOLITION SPECIFICATIONS, which are attached hereto and made a part hereof as Exhibit «A_ 1„ B. ALL DEMOLITION BIDS SHALL INCLUDE REIGIOVAL OF CONCRETE SLABS, PORCHES, STEPS; ETC., UNLESS OTHERWISE NOTED. a 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 cease and desist order until this matter can be reviewed by the City Council: SIGNED °AND'AGREED TO, this day of K T CONSTRUCTION, LLC WITNESSED SIGNED AND AGREED TO this day of CITY OF-FORT ARTHUR BY CITY MANAGER WITNESSED A.D.2U08: A.D.2008: 5 EXHIBIT"`A-1" 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 particulaz requirements necessary for the. demolition, removal and cleanup of the unsafe and/or unsanitary structure(s) as required 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 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 twenty-five dollazs ($25) per day for each day exceeding the completion date. IV. INSilRANCE 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: a. General Aggregate $500,000 b. Products-Comp/Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 t EXHIBIT "A-1" e. Fire Damage $ 50;000 3. Automobile Liability, a. Bodily Injury (per person) $300,000 b. Bodily Injury (per accident) $500,000 c. Property Damage $100,000 4. Contractor Surety Bond $ 5,000 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: AlI Contractors are required to have a Landfill Permit; which includes a minimum, escrow account-of:five,h'undred,dollars ($500). Iflyou opt-not to set up an escrow account, you must paycash_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 particulaz 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 parry 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/Successfu] 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. D. All materials, debris, and rubble $om 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 EXFIIBIT "A-1"' satisfaction, any damage to the.work site;-the adjacent areas; the-access areas to the work site and to any elements within°these ^azeas that may havesuffered damage as a result of. the Contractor's-or any,of theaubcontractors.-operations. Tfie 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 lefr-on the. site overnight. No such debris or material.will be placed on a sidewalk or publiaright-of--way so that it poses a danger to any person. G. All demolition work must be carved 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 causer.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: Declaze: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. 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: I 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 ahe original Contractor. METHOD OF PAYMENT Payment shall be made as provided in Section II of the contract. K. PAYMENT WITHHELD Any part or the whole of any payment may be withheld by the City to the extent deemed necessazy and reasonable should evidence of the.following be discovered: Defective work not corrected. 2. Claims filed against the Contractor. EXHIBIT "A-1" 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. 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: PARTIGULAR:WORK REQUIREMENTS The followng.particular. work requirements and conditions apply specifically to the building(s) or structure(s) which'are located at and described as: GROUP.-A-t, 6 TYPE OF STRUCTURE S 3124=W 59`x' Street Residence 1200 Ma le. Street Residence 824 W: 7`" Street Burned Rear Residence 2025' E: 11`~ Street Residence/Gara e 2245E.9~"Street Residence 2138 E. 1T~ Street_ Residence 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 otherdepressions 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. • EXHIBIT"A-1" E. The grass at the demolition site shall be mowed ito 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 6e 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. L BOND REQUIREIVIENTS If the.amounhliid 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. 5 P.R. N 14627 Lkhibi["B" (City of Port Arthur) (Law DepaztmeuU (Requved Form) (07/OS/8S) (10/05!89) (03/15/90) (p. 2 Revised 09118/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council Resolution No. 14627 is an exact duplicate of an applicable standazd form contract (the title of which is shown below) previously approved by the Law Department and adopted as a standard form by City Council Resolution, except for the blanks [hat have been filled in with all necessary information and except for the changes described below. The-title of the applicable standard form contract is [ ] Federally Ftinded Construction Contract, Revised 01/05/88, 07189, 08/89 [ ] Noh-Federally Funded Construction Contract, Revised 01/05/88, 07789; 08/89 [' ] Federal -Professional. Services -Engineering Contract, Revised 01 /05/88, 05/89, 07/89, 04/91 [ } Non=Federal -Professional Services -Engineering Contract, Revised Ol/OS/88, 05/89(§10), 07/89(§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{§10), 07189(§8) [ ] CDBG -Professional Services -Non-Engineering (Consultant) Contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [X] Other Standard Form Contract; described as follows: CDBG Demolitidn Contract The changes are as follows: (Put an "X" in the appropriate [ ]). [X] None. _ [ ] The following described provisions at the indicated page, section, etc. of the standazd form have been deleted from said contract: DELETIONS Page Number Where Deleted Provision is Found On Provision Standard Form Section or Paragraph No. and Caption. Which Contains Provision Deleted From Form Section or Subparagraph No. and Caption Which Contains Provision Deleted From Form Description of Deleted 1 P:R: 1114627 Exhibit "B" The following described provisions a[ the indicated page, section, etc: of the standazd form have been altered, modified, replaced or otherwise changed: ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC. Sub' § or Page, § & caption; Page'No. § or § No. Sub § No. sub § & caption, Where & Caption of & Caption etc. of said contract Provision Standard of standazd Description which contains Found On Form. which form which of Provision altered, etc. provision; &. Standard Contains Contains in Standard Description of Alteration Form Provision Provision Form etc. [ ]' Tlie.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. standazd Form Contract except for the changes described in the Certificate of standazd Form Contract, a copy of which is attached hereto as Exhibit "B" and is hereby incorporated by reference, and said changes are hereby approved." I understand that [his 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 and adopting (or rejecting) said Resolution and Contract. Signed [his 18" day of March, 2008. Lawre--~e Director of Commtmity Services