HomeMy WebLinkAboutPR 14641: LARK GROUP, INC. - DEMOLITION (GROUP C-t)
Memo
To: Steve Fitzgibbons, City Manager ~-,~~
From: Lawrence Baker, Director of Community Se ~ces /~~" - "
Date: Mazch 27, 2008
Re: P. R. NO. 14641 - AWARDING A CONTRACT TO LARK GROUP,. INC. FOR
THE DEMOLITION OF FIVE (5) DANGEROUS RESIDENTIAL
STRUCTURES (GROUP C-t) LOCATED THROUGHOUT THE CITY
COMMENT
RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 14641
.authorizing the City Manager to execute a contract with Lark Group. Inc. in the amount of
15 00.00 for the demolition and removal of five (5) dangerous residential structures (Group C-t)
located throughout the City.
BACKGROUND: Bids for fifty (50) residential structures were opened on March 19, 2008. Lark
ten (10) working days from the date they receive a Notice to Proceed. Bid award is based on
the lowest and most responsive bid. K-T Construction, LLC bid $17,525.00 (14 days); M & M
Contracting, LTD bid $30,800.00 (5 days); and JNE Enterprises, Inc. bid $47,320.31 (6 days). The
bid tabulation follows:
CONTRACTOR GROUP C-t
K-T Construction, LLC, Beaumont, TX $17,525.00
M & M Contractin ,LTD., San Antonio, TX $30,800.00
*Lark Grou ,Inc., Port Arthur, TX $15,300.00
NE Ente rises, Inc., New Orleans, LA $47,320.31
*Successful Bidder
The City followed the procedures of Section 2-283 or the Code of Ordinances for public works
projects expected to be less than $25,000.00.
BUDGET AND REVENUE IMPACT: Acceptance of this recommendation will not require a
budget amendment. Funding is available in Account No. 001-1401-551.59-O1.
(CONTINUED)
P R #14641-DEMO CONTRACT -LARK GROUP. INC./DEMO 3-27-OS 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. 14641, thereby authorizing
the execution of a demolition contract between the City of Port Arthur and Lark Group, Inc. in
the amount of $15,300.00.
DTP
STRUCTURES TO BE DEMOLISHED:
GROUP Gt -: _ - (5) TYPE OR;STRUCTURE S .-
1822 E. 6's Street Residence
2031 Procter Street 2-Sto Residence
2339 Thomas Boulevazd Residence/Gafa e
2636 Procter Street Gara e A artment attiall Demo'd
P. R. No. 14641
03/26/08 DTP
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO LARK
GROUP, INC. IN THE AMOUNT OF $15,300.00, AND
AUTHORIZING THE EXECUTION OF A CONTRACT
FOR THE DEMOLITION OF FIVE (5) DANGEROUS
RESIDENTIAL PROPERTIES (GROUP C-t), TO BE
CHARGED TO ACCOUNT NO. 001-1401-551.59-O1
(GENERAL FUND).
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
five (5) dangexons residential properties in the City of Port Arthur, to the lowest and most responsible bidder to-
wit: Lark Group, Inc.; and,
THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on
behalf of the City of Poxt Arthur an agreement between the City of Port Arthur and Lark Group, Inc., for the
contract price of $15,300.00 (a copy of said contract is attached hereto as Exhibit "A"); and,
THAT since Lark Group; Inc. may be awarded more than one group, the company must
successfully and timely complete one group before a new group is started; and,
THAT 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 8~' day of April A D., 2008, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES:
1
P. R. No. 14641
03/26/08 DTP
MAYOR:. Councilmembers:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED AS TO FORM:
/ ~. ' Gn~YOU/"~'
CITY ATTORNEY
~~.L
~,(j,~ , ECTOR OF UNI Y SERVICES
APPROVED AS TO AVAILABILITY OF FUNDS:
DIItECTOR OF FINANCE
EXFIIBIT "A"
DEMOLITION CONTRACT
CITY OF PORT ARTHUR
THE STATE OF TEXAS
COUNTY OF JEFFERSON
THIS .AGREEMENT is made and entered into this 8`h day of April,. 2008; by and
between the City of Port Arthur, hereinafter called the "CITY", and Lark Group, Inc.,
hereinafter called the "CONTRACTOR", in consideration of the mutual agreements
contained herein and for a total sum of Fifteen thousand, three hundred dollars and no
cents ($15,300.001; 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:
WITNESSETH:
SECTION I
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 C-t, described in the attached bid sheets.
B. Start the herein specified work within 5 days from the above date of this
AGREEMENT AND CONTRACT, and furthermore, diligently pursue same until
satisfactorily completed on or before before ten (10) working days, time being of
the essence. It is fiu-ther 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.
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
1
EXIIIBIT "A"
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 Liability
and Automobile Liability 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:
i. Statutory Texas Workman's Compensation Insurance (with waiver of
subrogafion 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. Fire 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 as to maximize the safety of all workmen, the general public and
surrounding property.-
2
EXIIIBIT "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 AGREEMENT 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 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 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 subject to 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 properly 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.
3
EXFIIBIT "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 fve (5) working days may give written notice to the CONTRACTOR
terminating his contract.
C. The CONTRACTOR shall repair or replace, if necessary, to the City's
satisfaction, any damage to the work site, the adjacent areas, the access areas to
the work site and to any elements within these areas that may have suffered
damage as a result of the CONTRACTOR'S or any of the subcontractor's
operations. The CONTRACTOR shall leave these areas in a satisfactory 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„
B. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE-
SLABS, PORCHES; STEPS, ETC., UNLESS OTHERWISE NOTED.
4
EXF~TT "A"
SIGNED AND AGREED TO this
LARK GROUP, INC.
day of
WTTNESSED
SIGNED AND AGREED TO this
CITY OF PORT ARTHUR
BY CITY MANAGER
day of
AD 2008:
AD 2008:
WTTNESSED
EXHIBIT "A-I"
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 awazded 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
calendaz 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 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
b. Products-Comp/Ops Aggregate
c. Personal & Advertising Injury
d. Each Occurrence
$500,000
$500,000
$500,000
$500,000
EXHIBIT "A-I"
e. Fire Damage $ 50,000
3. Automobile Liability
a. Bodily Injury (per person)
b. Bodily Injury (per accident)
c. Property Damage
4. Contractor Surety Bond
V. PERMITS
$300,000
$500,000
$100,000
$ 5,000
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other
governmental entities, at his own expense, all necessazy 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 aze 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 aze 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/Successful Bidder without prior, written approval of the Community
Services Department. No subcontractor will be approved unless that subcontractor meets
the same insurance requirements specified for and required of the Contractor.
C. The demolition work specified herein shall be performed in a safe, satisfactory condition,
starting-with the roof and working down, with the safety and welfare of all people and
property being of the highest priority.
D. All materials, debris, and rubble from the demolition of the structure(s) specified herein
will become the property of the Contractor/Successful Bidder.. Salvage can only begin
immediately prior to the beginning of demolition.
E. The Contractor/Successful Bidder will be held responsible for repair of broken or
damaged.. water, gas, or any other type of lines, which occur during the. course of the
demolition work. The Contractor, shall repair or replace,. if necessary, to the City's
EXIIIBIT "A-I"
satisfaction, any damage to the work site, the adjacent azeas, the access areas to the work
site and to any elements within these azeas that may have suffered damage as a result of
the Contractor's or any of the subcontractor's operations. The Contractor shall leave
these azeas in a satisfactory condition.
F. The Contractor/Successful Bidder shall Haul off all debris and unsalvageable materials;
and no debris or rubble which may pose a threat to public safety will be left on the site
overnight. No such debris or material will be placed on a sidewalk or public right-of--way
so that it poses a danger to any person.
G. All demolition work must be carried out to the satisfaction of -the City's Inspections
Official.
H. The City (without prejudice to any other right or remedy it may have) has the right to
terminate the contract in the event of any default by the Contractor after giving the
Contractor seven (7) days written notice. Such notice of termination shall be subsequent
to default by the Contractor and after receiving written nofice 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:
Declaze bankruptcy, become insolvent, or assign his/her assets for the benefit of
his/her creditors.
2. Violate or disregazd provisions of the Contract or instrction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion,
including amendments and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or failure to make prompt payment therefor.
L 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.
K. PAYMENT WITHHELD
Ariy part or the whole of any payment may be withheld by the City to the extent deemed
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor..
EXIIIBIT "A-t"
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 aze 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 particulaz-work requirements and conditions apply specifically to the building(s)
or structure(s) which aze- located at and described as:
:`GROUP C-t = 5 TYPE OF STRUCTURES .
1822 E. 6 Street Residence
2031 Procter Street 2-Story Residence
2339 Thomas Boulevard Residence/Gazage
2636 Procter Street Gazage Apartment (Partially Demo'd)
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 temunated. Any
costs incurred in the terunation 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, mortaz, concrete, and
the cleaning and removal of all rubbish, trash or other debris that would. inhibit or prevent
the mechanical mowing of said lot and premises.
C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath
demolished building(s) or structure(s) and all ruts or other depressions created during the
demolition work when the average depth of such depressions exceeds three (3) inches.
D. Any trees and shrubs designated by the Community Services Department will be cut
down and removed from the premises.
EXIIIBIT "A-1"
E. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches.
F. All sewer lines exposed through demolition work must be cut off within two (2) inches of
the surface to the ground or concrete slab and must be plugged with concrete in such a
manner as to prevent ground water incursion into the City's sanitary sewer system.
G. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE
NOTED.
H. HAZARDOUS MATERIALS
Materials defined by the Environmental Protection Agency to be hazazdous to the
environment or persons, shall be disposed of in accordance with all local, state and
federal government regulations and governing laws. 'T`his shall be the responsibility of
the Contractor. The Contractor shall famish written proof of such disposal.
I. BOND REQUIREMENTS
If the amount bid on the contract exceeds $25,000, the Contractor will be required to
famish 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 # 1464r
Eahibit"B"
(City of Port Arthur)
(I:aw Depnrtmeot)
(Required Form)
(07/08!89)
(10/05!89)
(03/15/90)
(p. 2 Revised 09/18!90)
CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW
DEPARTMENT REVIEW AND CTTY COUNCIL AGENDA
I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council
Resolution No. 14641 is an exact duplicate of an applicable standard 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 that have been filled in with all necessary information and except for the changes described below.
The title of the applicable staudazd form contract is:
[ ] Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89
[ ] Non-Federally Funded Construction Conhact, 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 O1/OS/88,
05/89(§]0),07/89(§8)
[ ] Non-Federal-Professional Services-Non-Engineering (Consultant)ContractRevised0l/05/88,05/89
(§10), 07/89(§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 Demolition 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 standard form have been
deleted from said contract:
DELETIONS
Page Number
Where Deleted
Provision is
Found On
Standard Form
Section or
Pazagraph No.
and Caption
Which Contains
Provision Deleted
From Form
Section or
Subparagraph No.
and Caption
Which Contains
Provision Deleted
From Form
Description of
Provision
Deleted
1
P.R #14641
Exhibit "B"
[ ] The following described provisions at 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 Standazd of Standard 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.
[ ] 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 Standazd Fomt Contract except for the changes described in the Certificate of
Standazd Form Contract, a copy of which is attached hereto as Exhibit "B" anal 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 26~" day of March, 2008.
nce Baker
irector of Community Services
2