HomeMy WebLinkAboutPR 22279: RATIFYING CHANGE ORDER NO. 1 WITH AAR, INC. CONTRACT GROUP B City of 40,.'
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Texas
INTEROFFICE MEMORANDUM
Development Services Department
Code Compliance-Demolition Division
Date: January 21,2022
To: Ronald Burton,City Manager; Pamela Langford,Assistant City Manager/Director of Development Services
From: Darlene Thomas-Pierre, Code Compliance Manager
Re: P. R. NO.22279—RATIFYING CHANGE ORDER NO. 1 TO 10/26/2021 CONTRACT (GROUP B)
WITH AAR,INC. REMOVING 2901 TURTLE CREEK DRIVE,IN THE AMOUNT OF$5,900.00.
COMMENT
Nature of the Request:
Staff recommends that the City Council adopt P.R. No. 22279, ratifying Change Order No. 1 to the 10/26/2021
(Group B) contract with AAR, Inc., in the amount of$54,100.00 for asbestos/lead abatement and demolition and
removal of five(5)dangerous commercial properties located throughout the City. Change Order No. 1 removed 2901
Turtle Creek Drive,decreasing the contract amount by$5,900.00.
Staff Analysis/Considerations:
On October 26, 2021, City Council approved Resolution No. 21-446 awarded the contract for Group B to AAR,
Inc., in the amount of$54,100.00, for asbestos/lead abatement and demolition of five (5) dangerous commercial
properties. On November 16, 2021 AAR,Inc., signed Change Order No. 1 removing 2901 Turtle Creek Drive(due
to owner repair). This brings the contract to a new total of$48,200.00.
Recommendation:
Staff recommends that the City Council adopt P.R.No.22279 thereby ratifying Change Order No. 1 Group B with
AAR,Inc. Change Order No. 1 removed 2901 Turtle Creek Drive, decreasing the contract amount by$5,900.00.
Bucket Consideration:
Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 001-
13-035-5470-00-10-000(General Fund; Other Contractual Service).
COMMERCIAL STRUCTURES DEMOLISHED UNDER THIS CONTRACT:
1. 4201 GULFWAY DRIVE(REAR)-NO ASBESTOS/NO LEAD
2. 1125 JEFFERSON DRIVE-NO ASBESTOS/NO LEAD
3. 4846 QUINN STREET-NO ASBESTOS/NO LEAD
4. 7700 9TH AVENUE-NO ASBESTOS/NO LEAD
"Remember we are here to serve the Citizens of Port Arthur"
P. R. NO. 22279
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01/21/22 VH
RESOLUTION NO.
A RESOLUTION RATIFYING CHANGE ORDER NO. 1 TO THE
CONTRACT WITH AAR,INC. (GROUP B), AS IT PERTAINS TO
THE REMOVAL OF ONE COMMERCIAL PROPERTY FROM
THE DEMOLITION LIST, THEREBY DECREASING THE
CONTRACT AMOUNT BY $5,900.00 TO A NEW TOTAL OF
$48,200.00; ACCOUNT NO.001-13-035-5470-00-10-000(GENERAL
FUND-OTHER CONTRACTUAL SERVICE)
WHEREAS, on October 26, 2021, City Council approved Resolution No. 21-446, which awarded a
demolition contract for Group B to AAR, Inc. in the amount of$54,100.00, for Asbestos/Lead Abatement
and demolition of five(5) dangerous commercial properties located throughout the City; and
WHEREAS,on November 16, 2021, a Change Order was needed to remove 2901 Turtle Creek Drive
from the list to be demolished which decreases the contract amount by$5,900.00,attached hereto as Exhibit
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Council of the City of Port Arthur hereby ratifies Change Order No. 1 to the
demolition contract with AAR, Inc. for Group B, decreasing the contract amount by $5,900.00 to a new
total of$48,200.00, attached hereto as Exhibit`B".
THAT,a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED, AND APPROVED this the 1st day of February, A.D., 2022, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: MAYOR:
Councilmembers:
NOES:
P. R. NO. 22279
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P. R. NO. 22279
01/21/22 VH
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY SECRETARY CITY ATTO EY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
`f� Iclro *••
ASSISTANT CITY MANAGER/ C COMPLIANC ANA ER
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED AS TO AVAILABILITY OF FUNDS: PROVED FOR PURCHASING:
(4K)CA___-\_ 4\ /LA
INTERIM DIRECTOR OF FINANC PU ASING MANAGER
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EXHIBIT "A"
CITY OF PORT ARTHUR
DEMOLITION DIVISION
444 4th Street (409)983-8209
CONTRACT CHANGE ORDER FOR.DEMOLITION WORK
CHANGE ORDER NO. 1
CONTRACTOR: AAR.Incorporated
PROJECT: 11/08/2021 Commercial Demolition Contract (Group B-General Fund)
PROPERTY
ADDRESS: 2901 Turtle Creek Drive-Commercial-(-$5,900.00)
The following contract items are hereby added, altered, or deleted as specified under the
following conditions:
ORIGINAL CONTRACT: $54,100.00 NEW CONTRACT: $48,200.00
1. The contract price $54,100.00 originally agreed to is hereby:
2. increased [] decreased [X] remains the same [] in the amount of$5,900.00.
increased [] decreased [] remains the same [] in the amount of
3. This list of changes has been discussed and agreed to by the contractor of record and the
Demolition staff.
4. This Change Order shall become part of the original contract as of the effective date
shown below.
The changes to be made by this Change Order are detailed below:
Deletion(s): We are removing 2901 Turtle Creek Drive from the contract due to owner
repairing.
The above list of changes are hereby declared valid and in full effect as of the 16'h day of
November,2021.
City Manager C d Compliance g
Cd ale& (1111/.
C
Demolition Supervisor Dwain Bankston
AAR Incorporated
DTP/VH
EXHIBIT "B"
• a
CITY OF PORT ARTHUR, TEXAS
STANDARD FORM OF AGREEMENT
THIS AGREEMENT made this V, day of 000(4 the year 2021, 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 AAR 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 demolition and asbestos/lead
specifications of the Owner's Contract Documents entitled:
DEMOLITION OF FIVE (5)COMMERCIAL BUILDINGS WITH NO ASBESTOS:
1. 4201 GULFWAY DRIVE (REAR)-NO ASBESTOS/NO LEAD
2. 1125 JEFFERSON DRIVE-NO ASBESTOS/NO LEAD
3. 4846 QUINN STREET-NO ASBESTOS/NO LEAD
4. 2901 TURTLE CREEK DRIVE (CANOPY) - NO ASBESTOS/NO LEAD
5. 7700 9Tn AVENUE-NO ASBESTOS/NO LEAD
The Work is generally described as follows: 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 sixteen (16) working 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 by the City. They also recognize the delays, expense, and difficulties
involved in proving 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
$150.00 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 accordance with the Contract
Documents in current funds the Contract Price(s), Fifty-four thousand, one hundred dollars and n3
cents ($54,100.00).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications,
Demolition, 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 made in full when all of the work is completed and approved by City staff with provision
for damages in accordance with Article 2 of this 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 er 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
The contractor shall comply with State law as to licensing on asbestos abatement and disposal.
No assignment by a party hereto of any rights under or interests in the Contract Documents wiL be
binding on another party hereto without the written consent of the party sought to be bound; anc
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 assignmen:
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, and legal representatives in respect tc 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: AAR INCORPORATED
Signature
By: By: DC,Jasv, &•;',N\L-43r,4 �'� ()C'.S;(;k
Ronald B Printed N e/Title
City Manager
440,0 Attest: I Attes
•
Date: I,0 Date: I • (� • 11
*Demolition Specifications are made a part of and attached hereto.
*Asbestos/Lead or Technical Specifications that have been prepared by Total Safety U. S., Inc are
incorporated by reference.
COMMERCIAL 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 particular requirements necessary for the demolition, removal and cleanup of
the unsafe and/or unsanitary structure(s) as required by the Code Enforcement/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 Code Enforcement/Inspections 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 one hundred fifty dollars ($150)
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:
I. Statutory Texas Workman's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
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 one thousand dollars ($1,000). 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.
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 party 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
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 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 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:
1. 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.
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.
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.
J. METHOD OF PAYMENT
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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
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. 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.
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:
DEMOLITION OF FIVE (5) COMMERCIAL PROPERTIES WITH NO ASBESTOS:
1. 4201 GULFWAY DRIVE (REAR)-NO ASBESTOS/NO LEAD
2. 1125 JEFERSON DRIVE - NO ASBESTOS/NO LEAD
3. 4846 QUINN STREET-NO ASBESTOS/NO LEAD
4. 2901 TURTLE CREEK(CANOPY) - NO ASBESTOS/NO LEAD
5. 7700 9TH AVENUE -NO ASBESTOS/NO LEAD
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
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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 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.
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 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.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS
Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand
dollars ($50,000) a payment bond is required. If the contract exceeds one hundred
thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent
(100%) of the contract price with corporate surety duly authorized to do business in the
State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified
and effective date copy of their Power of Attorney.
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