HomeMy WebLinkAboutPR 11978:DEMOLITION CONTRACTMemo
To: Steve Fitzgibbons, City Manager
From: Lawrence Baker, Director of Community Services
Date: October 18, 2002
Re:
P. R. NO. 11978 - AWARDING A CONTRACT TO BASIC INDUSTRIES, INC.
FOR ASBESTOS ABATEMENT/DEMOLITION OF THREE (3) DANGEROUS
COMMERCIAL STRUCTURES LOCATED AT 532-536 & 538 AUSTIN AVENUE
COMMENT
RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 11978
authorizing the City Manager to execute a contract with Basic Industries. Inc. in the mount of
$14.874.00 for asbestos abatement, demolition and removal of three (3) dangerous commercial
structures.
BACKGROI. JND: Quotes for three commercial properties were opened on October 9, 2002.
Basic Industries. Inc. is the low bidder for the three properties located at 532-536 & 538
Austin Avenue. at a price of $14.874.00. to be completed w/thin four (4) days. Bid award is
based on the lowest and best bid. The. other bids received are: Superior Abatement, Inc. at
$29,750.00; and Inland Environments, Inc. at $35,000.00. The bid tabulation follows:
*Basic Industries, Inc. Superior Abatement, Inc. Inland Environments, Inc.
CONTRACTORS Nederland, TX Groves, TX Port Arthur, TX
532-536 Austin Avenue $14,874.00 $29,750.00 $35,000.00
538 Austin Avenue
*Successful Bidder
BUDGET AND REVENUE IMPACT: Acceptance of this recommendation will not requke a
budget amendment. Funds are available in Account No. 105-1431-552.59-00, Project No. C28120.
STAFF LEVEL IMPACT: Acceptance of this recommendation will have no effect on current
staffing level.
(CONTINUED)
P.R.#11978 - ASBESTOS ABATE./DEMO - BASIC INDUSTRIES, INC. - 10/18/02 - PAGE 2 OF 2
SUMMARY: Staff recommends that the City Council adopt P. R. No. 11978, thereby authorizing
the execution of a demolition contract between the City of Port Arthur and Basic IndUstries~ Inc.
in the amount of $14~874.00.
DTP
COMMERCIAL STRUCTURES FOR
ASBESTOS ABATEMENT/DEMOLITION:
532-536 Austin Avenue (2 Buildings)
538 Austin Avenue
P. R. No. 11978
10/18/02 DTP
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO BASIC
INDUSTRIES, INC. IN THE AMOUNT OF $14,874.00, AND
AUTHORIZING THE EXECUTION OF A CONTRACT
FOR THE ASBESTOS ABATEMENT AND DEMOLITION
OF THREE (3) DANGEROUS COMMERCIAL
· STRUCTURES (532-536 AUSTIN AVENUE & 538 AUSTIN
AVENUE) 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 asbestos
abatement and demolition of three (3) dangerous commercial structure in the City of Port Arthur, to the best
and lowest responsible bidder to-wit: Basic Industries: Inc.; and,
THAT the City Manager of the City of Port Arthur is hereby antho}ized and directed to execute
on behalf of the City of Port Arthur an agreement between the City of Port Arthur and Basic Industries, Inc.
for the contract price of $14,874.00 (a copy of said contract is attached hereto as Exhibit "A"); and,
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;
and,
Regular Meeting of the
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
City Council of the City of Port Arthur, Texas by the following vote:
P. R. No. 11978
10/18/02 DTP
AYES: MAYOR:
· Councilmembers:
NOES:
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY SECRETARY
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
TOR OF ~OI,TIIiWt.rNfTY SERVICES
APPROVED AS TO AVAILABILITY OF FUNDS:
DIRECTOR OF FINANCE
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EXHIBIT "A"
AGREEMENT
TH/S AGREEMENT made this day of in the year 2002, 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 Basic Industries, 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 Bid Schedule(s) of the
Owner's Contract Documents entitled:
ASBESTOS ABATEMENT/DEMOLITION
532-536 Austin Avenue (Commercial-2 Buildings, Excluding Slabs)
538 Austin Avenue (Commercial - Excluding Slab)
The Work is generally described as follows: Asbestos 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 four (4) calendar 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 in accordance with Article 12 of the General Conditions. They also.
recognize the delays, expense, and difficulties involved in prow~g 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 $100.00 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 accordanc6 with the Contract
Documents in current funds the Contract Price(s), fourteen thousand, eight hundred seventy-four dollars
and no cents ($14,874.00), named in the Contractor's Bid and Bid Schedule(s).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents consist of.' Notice Inviting Bids, Instructions to Bidders, Scope of Work, Bid_
Forms (Bid, Bid Schedule(s) and Bid Summary, Bid Bond, Corporate Resolution, Information Required
of Bidder, Agreement, Performance Bond, Payment Bond, Minority Business Utilization Commitment,
MBE Schedule C, Schedule of Prevailing Local Wage Rates, General Conditions of the Contract, General
Summary of the Work, Technical Specifications, Special Specifications, Drawings Listed in the Schedule
of Drawings in the Supplementary General Conditions of the Contract, General Notes, Addenda
EXHIBIT "A"
Numbers 0 to 0, inclusive, 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.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be in accordance with Article 5 of the General Conditions of the 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
Terms used in this Agreement which are defined in Article 1 of the General Conditions and
Supplementary General Conditions will have the meanings indicated in said General Conditions and
Supplementary General Conditions.
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, anal 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
STATE OF TEXAS:
BASIC INDUSTRIES, INC.
Signature
By: By:
Stephen Fitzgibbons
City Manager
Printed Nme/Title
Attest:
Attest:
The Demolition Specifications are attached hereto and made a part hereof.
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DEMOLITION SPECIFICATIONS
CITY OF PORT ARTHUR
L 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 Inspections Department of the City of
Port Arthur.
IlL 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 dollars ($25) per day for each day exceeding the
completion date.
IV. INSURANCE REQUIREMENTS
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 requiting 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 cleating the premises has been completed
and the work has been accepted by the City.
Bo
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;
Commercial General Liability:
a. General Aggregate
b. Products-Comp/Ops Aggregate
c. Personal & Advertising Injury
d. Each Occurrence
e. Fire Damage
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$500,000
$500,000
$500,000
$500,000
$ 5O,OOO
3. 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 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 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 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.
It is understood and agreed that the Contractor/Successful Bidder will function and
operate as an independent contractor. Any habfllty recurred by the Contractor/Successful
Bidder will accrue only to that party as an independent contractor and not to the City of
Port Arthur.
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.
The demolition work specified heroin 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.
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.
Eo
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
2.
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 unsa!vageable materials;
and no debris or rabble which may pose a threat to public safety will be left on the site
ovemight. 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 to the satisfaction of the City's Inspections
Official.
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:
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.
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 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. ·
METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
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.
Claims filed against the Contractor.
Reasonable evidence indicating the probability of filing .claims against tho
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 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:
532-536 Austin Avenue (Commercial-Excluding Slabs)
538 Austin Avenue (Excluding Slab)
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 ofntilities and services shall be borne by the Contractor.
Bo
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.
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.
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.
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.
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G. 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 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.
BOND REQUIREMENTS
If the mount 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.
(Law Department)
(Required Form)
(O'7108188)
00/0S/89)
(03/15/90)
(p. 2 Re'~ed 09/18/90)
CERT/~ICATE OF STANDARD FORM CONTRACT FOR LAW
DEPARTMENT REVIEW AND CITY COUNCIL AGENDA
P. R. #1Lq78
Exhibit"B"
(City of port Arthur)
I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council
Resolution No. 11978 is an exact duplicate of an applicable standard form contract (the tide 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 that have been filled in with all necessa~T information and except for the changes
described below.
The tide of the applicable standard form contract is:'
[ ] Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89
[]
[]
Il
[]
[]
Non-Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89
Federal - Professional Services - Engineering Contract, Revised 01/05/88, 05/89, 07/89, 04/91
Non-Federal - Professional Services - Engineering Contract, Revised 01/05/88, 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)
[1
[]
Non-Federal-Professional Services -Non-Engineering(Consultant) ContractRevised 01/05/88,
05/89 (§10), 07/89(§8)
CDBG - Professional Services - Non-Engineering (~unsuliant) Contract, Revised 01/65/88,
05/89(§10),07/89(§8)
[X] Other Standard Form Contract, described as follows:
CDBG Asbestos Abatement/Demolition Contract
The changes are as follows: (Put an "X" in the appropriate [ ]).
[X] None.
[ ] ~'he 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
Paragraph No.
and Caption
Which Contains
Provision Deleted
From Form
Subparagraph No.
and Caption
Which Contains Description of
Provision Deleted Provision
From Form Deleted
[]
The following des~:ribed provisions at the indicated page, section, etc. of the
standard form have been altered, modified, replaced or otherwise changed:
P.R. #11978
Exhibit "B"
ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC.
Sub § or
Page No. § or § No. Sub § No.
Where & Caption of & Caption
Provision Standard of Standard . Description
Fouad On Form which form which of Provision
Standard Contains Contains in Standard
Form Provision Provision Form
Page, § & caption;
sub § & caption,
etc. of said contract
which contaln~
attered, etc. provision; &
Description of Alteration
[]
The following provisiom have been added to Said Contract:
ADDITIONS
Page, Section and Caption Subsection and
Caption, etc. of said Contract Which
Contaim the Added Provisiorl 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 Exhibit :"B" and is 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 and adopting (or rejecting)
said Resolution and Contract.
Signed this 18th day of October, 2002.
Director of Community Services
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