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HomeMy WebLinkAboutPR 22296: CONTRACT WITH LARK GROUP INC., DEMOLITION City of Port Arthur Inspections & Code Enforcement Dept. Demolition Division Memo To: Ronald Burton, City Manager Pamela Langford,Assistant City Manager/Director of Development Services From: Darlene Thomas-Pierre, Code Compliance Manager Date: August 15, 2022 Re: P.R. NO. 22296 — RATIFYING THE CITY MANAGER'S DECISION TO EXECUTE AN EMERGENCY CONTRACT WITH LARK GROUP INC. FOR ASBESTOS ABATEMENT AND DEMOLITION OF A DANGEROUS COMMERCIAL PROPERTY LOCATED AT 3100 GULFWAY DRIVE. COMMENT RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 22296 ratifying an emergency contract to Lark Group, Inca in the amount of $107,800.00 for the emergency asbestos abatement and demolition of the commercial property located at 3100 Gulfway Drive. BACKGROUND: The commercial structure located at 3100 Gulfway Drive partially collapsed on 08/10/22 and was in imminent danger of collapsing further. As a result, it became necessary to immediately perform emergency asbestos abatement/demolition of the building per Section 108, Unsafe Structures, of the 2015 International Property Maintenance Code. Lark Group, Inc. was the lowest responsible bidder. Our Asbestos consultant, Honesty Environmental Services, Inc., secured four (4) emergency quotes for this work. Lark Group, Inc., of Warren. Texas the lowest, most responsive bidder; their bid was $107.800.00 (10 days). Sitek Omni Services, LLC., of Humble, Texas bid $114,800.00, Inland Environments Ltd., of Kingwood, Texas bid $148,800.00 and AAR Incorporated, of Houston,Texas bid$145,800.00. Bid award is based on the lowest and most responsive bid. BUDGET AND REVENUE IMPACT: Acceptance of this recommendation will not tequire a budget amendment. Funding is available in Account No. 001-13-035-5470-00-10-000; General Fund/Other Contractual Services. 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. 22296, ratifying an emergency contract to Lark Group, Inc.,in the amount of$107,800.00. I II P. R. No. 22296 08/15/22 SR RESOLUTION NO. A RESOLUTION RATIFYING THE CITY MANAGER DECISION TO EXECUTE AN EMERGENCY CONTRACT WITH LARK GROUP INC., IN THE AMOUNT OF $107,800.00 FOR ASBESTOS ABATEMENT AND DEMOLITION OF A DANGEROUS COMMERCIAL PROPERTY LOCATED AT 3100 GULFWAY DRIVE, TO BE CHARGED TO ACCOUNT NO. 001-13-035-5470-00-10-000 (GENERAL FUND-OTHER CONTRACTUAL SERVICES) WHEREAS,a commercial structure located at 3100 Gulfway Drive was in imminent danger of collapse; and as a result, it is necessary to perform an emergency demolition of the structure per Section 108, Unsafe Structures,of the 2015 International Property Maintenance Code;and WHEREAS,this situation constitutes an emergency procurement under Texas Local Government Code 252.022, Section (2), "a procurement necessary to preserve or protect the public health or safety of the municipality's residents";and, WHEREAS, quotes were solicited from four contractors for emergency demolition and Lark Group submitted the lowest and most responsive bid as delineated in Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct;and THAT the City Council of the City of Port Arthur hereby ratifies the contract for asbestos abatement and demolition of 3100 Gulfway Drive in the City of Port Arthur,to the best and lowest responsible bidder to-wit: Lark Group Inc., attached hereto as Exhibit"B";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 30th day of August,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: • 1 P. R.No. 08/15/22 SR NOES: MAYOR ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY A 1 ORNEY APPROVED FOR ADMINISTRATION: dekti ea. 2,19 1240 CITY MANAGER DIRECTOR OF DEVRT OPI T SERVICES oat&e_ 111 0100,11 u ' LANCE 1 ' AGER APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING: c INTERIM DIRECTOR OF FINANCE PURCHASING MANAGER 2 * r 5* o m •O "Exhibit A" c y o, v) O O 003 �e n tad d b t t7 t7 Cil o � ro cA• o - r• =i N Cil 0xj N d *1, N Z o c r n o Z7 n r11 l 1 lc 0-3 - to 5 o 0 x 9 0 O ,-i. 0 o -•y y o 1. y O C 6 © wr. 0 o 0 ? LA n . a n C 0 0. �, 0 o 17 cn c L CD c O 69 /11 o CD cn kt. n 4Lso cr r =a n n • ' IZZ ril 4.4 xV)O T U V) ^z. a F Z? . = cip tn. `/� � rC o .. -0. O O Exhibit "B" 3 City of Port Arthur Inspections & Code • Enforcement Dept. Demolition Division Memo To: Ronald Burton,City Manager, Pamela Langford, Assistant City Manager/Director of Developmer.t Services From: Darlene Thomas-Pierre, Code Compliance Manager Date: August 15,2022 Re: P.R.No.22296—APPROVING THE EMERGENCY ASBESTOS ABATEMENMT AND DEMOLITION OF A DANGEROUS COMMERCIAL STRUCTURE AT THE PROPERTY DESCRIBED AS 3100 GULFWAY DRIVE (COLLAPSED COMMERCIAL BUILDING) COMMENT RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 22296 authorizing the City Manager to pay Lark Group. Inc. in the amount of$107,800.00 for the emergency asbestos abatement and demolition of the commercial property located at 3100 G:1 fway Drive. BACKGROUND: The commercial structure located at 3100 Gulfway Drive partially collapsed. on 08/10/22 and was in imminent danger of collapsing further. As a result, it became necessary to immediately perform emergency demolition of the structure per Section 108, Unsafe StructLres, of the 2015 International Property Maintenance Code. Lark Group.Inc.was the lowest responsible bidder, and was contracted to perform the emergency demolition of the structure. Please find attached my memo to the City Manager which gives a summary of the events. We secured four (4) emergency quotes for this work. Lark Group, Inc. is the lowest most responsive bidder: their bid was $107,800.00. Lark Group, Inc. bid $107,800.00, Sitek Cmn Services,LLC. bid$114,800.00,Inland Environments Ltd.bid$148,800.00 and AAR Incorpor2.ted bid$145,800.00.Bid award is based on the lowest and most responsive bid. BUDGET AND REVENUE IMPACT: Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 001-13-035-5470-00-10-000; Genera. Fund/Other Contractual Services. STAFF LEVEL IMPACT: Acceptance of this recommendation will have no ef=ect on current staffing level. SUMMARY: Staff recommends that the City Council adopt P.R. No. 22296,thereby authorizing a payment to Lark Group. Inc. in the amount of$107,800.00. Attachment:Build' • 0 ter dated 08/10/22 ..� x RONAI_D BURT I WIr• NAGER DATE THURMAN"BILL"BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM Ent, . CITY MANAGER City of ca COUNCIL MEMBERS: )�� SHERRI BELLARD CAL J.JONES \ #/ CITY SECRETARY THOMAS J,KINLAW I11 KENNETH MARKS Q r t r t h u r VAL TIZENO CHARLOTTE MOSES I� �,us CITY ATTORNEY DONALD RAY FRANK,SR. August 11, 2022 Certified: 7020 3160 0000 7937 8975 Copy Sent Via Regular Mail Gracian Eduardo (Cd) Nguyen Diep Thi (Lh) Et.Al. 7510 Coral Creek Street Beaumont,Tx 77707-3652 RE: 3100 GULFWAY DRIVE (COLLAPSED COMMERCIAL BUILDING) LOT 7,LOT 8& LOT 9 BLOCK 25 BEACHWAY ADDITION The structure located at 3100 Gulfway Drive collapsed on August 10, 2022. As a result of the building collapsing, the structural integrity of the building has been compromised. It now poses a hazard to the life, safety and health to the public. The structure's interior support beams have been damaged and the entire building is in such a condition that it could collapse at any time. Therefore, as the Deputy Building Official for the City of Port Arthur and per Section 108; Unsafe Structures and Equipment of the 2015 International Property Maintenance Code and Section 109; Emergency Measures for the City of Port Arthur; I am declaring this structure unsound and unsafe and condemning it in order to facilitate immediate action by the city to remove the danger by demolition of thus building. Notices have been posted on the building and sent prior to our action. This letter is to inform you of our actions regarding this structure and that as a result the city will incur costs to perform this emergency demolition. I am submitting copies of the invoices and all related costs associated with the removal and demolition of this building. You will be billed for this cost and or a lien will be placed on this property if you fail to pay within 90 days. Sig 1. Derek Robinson Deputy Building Official Emergency Letter SR P c 0.BOX 1089•POR 1 .1RTHUR.TEXAS 7 764 1-1 089•4o9/983-8209•FAX 409/983-8130 Page 1 THURMAN"BILL"BARTIE.MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM r:•«"e> CITY MANAGER City of c«, COUNCIL MEMBERS: �/ \ SHERRI BELLARD CAL J.JONES CITY SECRETARY THOMAS J,KINLAW Ill p) 1 i'1 h uY� KENNETH MARKS VAL TIZENO CHARLOTTE NIOSES Te vas my ATTORNEY' DONALD RAY FRANK,SR. August 11, 2022 Certified: 7020 3160 0000 7937 8999 Copy Sent Via Regular Mail Gracian Eduardo(Cd) Nguyen Diep Thi(Lh) Et.Al. 1449 Peek Avenue Port Arthur,Tx 77642 RE: 3100 GULFWAY DRIVE(COLLAPSED COMMERCIAL BUILDING) LOT 7, LOT 8& LOT 9 BLOCK 25 BEACHWAY ADDITION The structure located at 3100 Gulfway Drive collapsed on August 10,2022. As a result of the building collapsing, the structural integrity of the building has been compromised. It now poses a hazard to the life, safety and health to the public. The structure's interior support beams have been damaged and the entire building is in such a condition that it could collapse at any time. Therefore, as the Deputy Building Official for the City of Port Arthur and per Section 108; Unsafe Structures and Equipment of the 2015 International Property Maintenance Code and Section 109; Emergency Measures for the City of Port Arthur: I am declaring this structure unsound and unsafe and condemning it in order to facilitate immediate action by the city to remove the danger by demolition of thus building. Notices have been posted on the building and sent prior to our action. This letter is to inform you of our actions regarding this structure and that as a result the city will incur costs to perform this emergency demolition. I am submitting copies of the invoices and all related costs associated with the removal and demolition of this building. You will be billed for this cost and or a lien will be placed on this property if you fail to pay within 90 days. oileh. g7:)4 Derek Robinso 1 Deputy Building Official Emergency Letter SR P.O.BOX I089•PORT ARThfUR TEXAS 77641-1089.409/983.8209•FAX 409/983-8130 Page 1 EMERGENCY DEMOLITION CONTRACT CITY OF PORT ARTHUR THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this et of August, 2022 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 One hundred seven thousand, eight hundred dollars and no cents ($107,800.00); we do hereby agree to all terms, conditions and specifications contained herein and attached hereto; and we do hereby declare VALID this AGREEMENT and CONTRACT: 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 one (1) dangerous residential structure at the property described as 3100 Gulfway Drive (Collapsed Commercial Building) described in the attached bid sheets. B. "Start the herein specified work on the date stated in the "Notice to Proceed", and further diligently pursue same until satisfactorily completed on or before ten (10) 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 one hundred fifty dollars ($150.00) 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 one thousand dollars ($1,000). 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 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. 1 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: 1. Statutory Texas 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. 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. 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. 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 2 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 land clearing 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 property owner, fire, epidemics, or acts of God, such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one (1) working day of additional time will be allowed to the CONTRACTOR for each working day lost from such cause, provided the CONTRACTOR, within three (3) days after the beginning of such delay, gives written notice to the City. 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, to the City's satisfaction, any damage to the work site,the adjacent areas, the access areas to the work site and 3 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 "B-1" B. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF ALL CONCRETE (EXCEPT CITY SIDEWALK), DOWNED & ROTTED TREES/BRUSH/STUMPS/FENCES & HAUL TO LANDFILL, ETC., UNLESS OTHERWISE NOTED. 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 Code Enforcement has the authority to issue a cease and desist order until this matter can be reviewed by the City Council. 4 SIGNED AND AGREED TO this c.? day of X11-7 , A.D. 2022: )7f,( '‘`7 LARK GROUP, INC. (t/4 2 ,. WIT ESSED SIGNED AND R D TO this -) day of A-Li „ -f- , A.D. 2022: CITY OF PORT AR UR CITY MANAGE tio/(0_, itAtou WI ESSED 5 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 Development Services Department of the City of Port Arthur. III. CONTRACTOR BIDS Contracts for the land clearing of properties will be awarded in accordance with the terms and conditions listed in the Development Services Department's BID FORM FOR DEMOLITION. The completion of the land clearing 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: 1. 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, 1 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 land clearing 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 2 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 land clearing 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 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 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 vacant properties which are located at and described as: EMERGENCY ASBESTOS ABATEMENT AND DEMOLITION OF (1) COMMERCIAL STRUCTURE: ADDRESS OF TYPE OF PROPERTY(S) STRUCTURE 3100 Gulfway Drive (Collapsed Commercial Building)-Remove only concrete slab under structure; remove all fence; Remove all metal parking poles; LEAVE City sidewalk, driveway apron; remove all trash&debris; cut all high grass& underbrush; backfill with dirt and level. 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 other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. 4 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. I. 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. 5 Honesty Environmental Services, inc. www.honestyenvironmental.com August 12, 2022 PROJECT: NESHAP Asbestos Abatement/Demolition Project Vacant Commercial Building 3100 Gulfway Drive Port Arthur, Texas 77642 OWNER'S REP: City of Port Arthur 300 E. 4th Street Port Arthur, Texas 77640 Attn: Darlene Thomas-Pierre Email: darlene.pierre(portarthurtx.gov Tel: (409) 983-8264 CONSULTANT: Honesty Environmental Services, Inc. 2300 Highway 365, Suite 450 Nederland, Texas 77627 DSHS Asbestos Consultant Agency Lic. No. 10-0182 Tel. (409) 632-2601 Cell: (713) 962-8227 HES Project No. 22B-2093-13023 44/4J BY: Daniel Ward DSHS License # 10-5479 Exp. Date: 11/11/22 SCOPE OF WORK The project name is Vacant Commercial Building located at 3100 Gulfway Drive — NESHAP Asbestos Abatement/Demolition Project. The project site consists of a vacant 19,500 square foot commercial structure with brick/wood/transite veneer siding built on a concrete slab located at 3100 Gulfway Drive in Port Arthur, Texas. The building is structurally unsound and is partially collapsed. The demolition contractor shall dispose of the building materials as friable Regulated Asbestos Containing Material (RACM). The work affecting the Asbestos-Containing Building Materials (ACBM) in and on the building shall be accomplished utilizing the rules and regulations found in the EPA National Emission Standard for Hazardous Air Pollutants. All aspects of the OSHA Asbestos standard shall also apply. Ho�` ty Envi 4),�nmen I Services, Inc. ,1 Daniel Ward, DSHS Lic. No: 10-5479 Exp.: 11/11/22 HES Project No. 22B-2093-13023 3100 Gulfway Drive, Port Arthur, TX Page 3 of 12 NESHAP Asbestos Abatement/Demolition Project OSHA) which bear on performance of work. Where conflicts occur between these specifications and/or the above-mentioned regulations, the more stringent shall govern. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify Consultant or Owner in writing, and any necessary changes shall be accomplished by appropriate modification. Contractor shall enforce strict discipline and good order among employees. Do not employ on the project unfit persons or persons not skilled in assigned task. Contractor shall use the best available technology, procedures, and methods for preparation, execution, cleanup, disposal, and safety. This compliance is the sole responsibility of the demolition contractor. Contractor shall coordinate all work schedules with the Owner and Consultant prior to the start of the work. Contractor shall assume responsibility for the proper and safe execution of the work. Contractor shall not unreasonably encumber the site with materials/equipment. Confine stockpiling of materials to the areas indicated. If additional storage is necessary, obtain and pay for such storage off site. Contractor's supervisors shall remain on the job site and in immediate contact with those under their supervision during all periods of the demolition activity. The Contractor is responsible for respirator fit testing, personal protection of the workers, safety, security, and control of access at the job site, and shall provide a training program to instruct personnel on proper respirator use, hazards of asbestos exposure and OSHA asbestos regulations in accordance with the requirements of the Model Accreditation Program (MAP) established by the EPA in Appendix C to 40 CFR 763 (E). The Contractor shall provide a training program as often as necessary to train all employees to be utilized on the project. No worker shall be utilized on any portion of the Work until training documentation has been reviewed and accepted by the Consultant or Project Manager. Supervisors shall also require that operations at the asbestos job site cease whenever hazardous or unlawful situations are detected, so as to affect a remedy. Contractor's employees shall be fully clothed at all times (shirt, pants, and shoes), when outside the immediate work area. Sandals or other open toe shoes shall not be allowed. Ensure that proper PPE is worn while in the work area. Documents: The following documents shall be posted in a conspicuous spot at the entrance to the regulated area and must not be covered by any other documents: Hon sty Environment I Services, Inc. �` 14/A.44 Daniel Ward, DSHS License No: 10-5479 Exp.: 11/11/22 HES Project No. 22B-2093-13023 3100 Gulfway Drive, Port Arthur, TX Page 5 of 12 NESHAP Asbestos Abatement/Demolition Project AIR MONITORING Throughout the preparation, removal, and demolition operations, air monitoring shall be conducted by the Consultant retained by the Owner to monitor Contractors compliance with these specifications, and any applicable state and local regulations. The abatement/demolition contractor shall provide, at his own expense, monitoring of his employees as required by applicable regulations, including 29 CFR 1926.1101(f). The Consultant will conduct area monitoring inside the asbestos control area during the work shift. PCM method will be utilized in accordance with NIOSH 7400. Personnel exposure samples collected by or for the Contractor shall be analyzed in accordance with the OSHA reference method (ORM) as detailed in 29 CFR 1926.1101, Appendix A. Post the results of personnel exposure monitoring at job-site, upon receipt from laboratory. Any required air sampling of contractor personnel will be conducted by an EPA accredited asbestos person supplied by the Contractor. REMOVAL OF ASBESTOS-CONTAINING/CONTAMINATED MATERIALS Restrict access to exterior grounds immediately adjacent to work areas by barrier tape or similar means. The area shall have the appropriate asbestos warning signs and barricade tape demarcating the work area. Drop cloth (6 mil poly) shall be placed directly below the work area extending 6 feet away from the structure. Wet removal techniques shall be used at all times. Thoroughly wet to satisfaction of Owner's Representative Asbestos-Containing Materials to be removed prior to disturbance to reduce fiber dispersal into the air. Accomplish wetting by a fine spray (mist) of amended water. Saturate material sufficiently to wet to the substrate without causing excess dripping. Mist work area continuously with amended water to reduce airborne fiber levels. All work will be performed in accordance with EPA, OSHA, and DSHS regulations. The asbestos waste materials will be disposed of at an approved landfill with the proper waste manifest. This NESHAP demolition project will be conducted with respiratory protection in full accordance with all regulatory requirements including but not limited to the OSHA Hon ty Environmentpl Services, Inc. , w,04 Daniel Ward, DSHS License No: 10-5479 Exp.: 11/11/22 HES Project No. 22B-2093-13023 3100 Gulfway Drive, Port Arthur, TX Page 7 of 12 NESHAP Asbestos Abatement/Demolition Project DISPOSAL OF ASBESTOS-CONTAINING WASTE Prepare and sign the Waste Shipment Record (WSR)for each load of asbestos-containing waste transported off site. Ensure that the WSR is completed by the transporter(s) and waste disposal site operator. Proper address of Owner shall be listed on the WSR. Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste in compliance with 40 CFR 61, Subpart M and during the transport of asbestos-containing waste in compliance with 49 CFR 171 and 172. Storage compartments shall be plasticized and sealed with a minimum of one(1)layer of 6- mil polyethylene on the sides and top and two (2) layers of 6-mil polyethylene on the floor. The compartments shall be thoroughly wet cleaned and/or HEPA vacuumed following the disposal of each load of material at the dump site. At the conclusion of the project (or before transport vehicles are used for other purposes), the polyethylene shall be properly removed and disposed of as contaminated waste. After this is accomplished, compartments shall once again be wet cleaned and/or HEPA vacuumed to eliminate all debris prior to being returned to the rental company. All plastic sheeting, tape, cleaning material, including mops and sponges, clothing, filters, and all other contaminated disposable materials shall be packaged, labeled, and disposed of as asbestos-containing waste. Dispose of materials at an authorized disposal site in accordance with the requirements of federal, state, and local disposal authorities. Removed debris, used cleaning tools, towels, protective suits, used plastic sheeting and spray-applied plastic sheeting shall be treated as asbestos-containing waste materials. Asbestos-containing waste material shall be treated, packaged, labeled, transported, and disposed of in accordance with 29 CFR 1926.1101 (OSHA), 40 CFR 61.150 (EPA)and 49 CFR 107 et al., (DOT). Asbestos waste transport shall be limited to approved routes for transport of asbestos materials. Ensure that there are no visible emissions to the outside air from site where materials and waste are deposited. Notify the Consultant or Project Manager immediately of any spill or similar incident involving the transport and disposal of asbestos wastes. SUBMITTALS: Submit proposed schedule and methods and operations of demolition to the Owner for review prior to the start of work. Include in the schedule the coordination for shut-off, capping and continuation of utility services as required. Include all correspondence from as acceptable to the governing authorities. Provide a detailed sequence of demolition and removal of work to ensure the uninterrupted Hon sty Environment ill Services, Inc. 4,4*. Daniel Ward, DSHS License No: 10-5479 Exp.: 11/11/22 HES Project No. 22B-2093-13023 3100 Gulfway Drive, Port Arthur, TX Page 9 of 12 NESHAP Asbestos Abatement/Demolition Project Promptly repair damages caused to adjacent facilities by demolition operations at no cost to the Owner. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. The Contractor will disconnect and seal the utilities serving each structure to be demolished, prior to the start of demolition work, upon written request of the Owner. DEMOLITION Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. Comply with the governing regulations pertaining to environmental protection. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding and pollution. Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Engineer or governing authorities. Return adjacent areas to condition existing prior to the start of the work. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. Small structures may be removed intact when acceptable to the Engineer and approved by the authorities having jurisdiction. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. Hon ty Environment I Services, Inc. 1 ,1,�,) Daniel Ward, DSHS License No: 10-5479 Exp.: 11/11/22 HES Project No. 22B-2093-13023 3100 Gulfway Drive, Port Arthur, TX Page 11 of 12 NESHAP Asbestos Abatement/Demolition Project entering the work area. 14. Contractor shall field verify the work indicated prior to work. Report discrepancies or concerns immediately to Owner or Owner's representative. 15. Buildings and other structures scheduled to be demolished will be vacated and discontinued in use prior to the start of the work. 16. The Owner assumes no responsibility for the actual condition of structures to be demolished. 17. 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. 18. The Contractor 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. 19. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. 20. Storage or sale of removed items on the Project Site will not be permitted. 21. The use of explosives will not be permitted. 22. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. 23. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. 24. Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. 25. Comply with the governing regulations pertaining to environmental protection. Hon sty Environment I Services, Inc. ',4/.4,01 Daniel Ward, DSHS License No: 10-5479 Exp.: 11/11/22 tiE) 3100 GULFWAY DRIVE COMMERCIAL OPTION # 3 • 08/ 11 /2022 08 : 55 Remove concrete just under the structure Remove all fence Remove all metal parking poles Leave City sidewalk & driveway apron Remove all trash & debris Cut high grass & underbrush Backfill with dirt & level 3100 GULFWAY DRIVE COMMERCIAL OPTION # 3 3 - 4r fgVir'"If---- -. "'";'' S '� �r n�i• - : ; "! H I ill iji! I1J!1iiiiii Iiii!!!:I� -..*1 p �gll I i 111 1- - <_,,. 8:: __ __:::::1111;........ ., ,g, 1111k;::!::;; i... OP 0:1411 I 11111110111111q ''''''I • - - ' .� ._ 08/11 /202 2 0`r8`:58 .r ry { Remove concrete just under the structure Remove all fence Remove all metal parking poles Leave City sidewalk & driveway apron Remove all trash & debris Cut high grass & underbrush Backfill with dirt & level 3100 GULFWAY DRIVE COMMERCIAL OPTION # 3 i I4. °r,...1w. ` f �• I fir,a -- ems. . { -: - - ;08/ 1112022 08 :-59 h"ter`--z:r� .Y .„' eR.^ `�v3 , "�` z {-�`a^".- "t-'. £�* .i..- �"' sM� 't `�TY ...M'. ,�a"�."`�5 - - .. _ - C�yid s.' �A - - - - a +'z -47,,i-r +�w1.1 ,.mac• - - " ".'=}V. Remove concrete just under the structure Remove all fence Remove all metal parking poles Leave City sidewalk & driveway apron Remove all trash & debris Cut high grass & underbrush Backfill with dirt & level r-.. 3100 GULFWAY DRIVE COMMERCIAL OPTION # 3 1 4.1 IMV1" , _ a t t< i� _ 'td' O4 '- ' .:;- F i , i .. n, 1. eitteir } 6 F 08/ l l /2022 0859. Remove concrete just under the structure Remove all fence Remove all metal parking poles Leave City sidewalk & driveway apron Remove all trash & debris Cut high grass & underbrush Backfill with dirt & level 3100 GULFWAY DRIVE COMMERCIAL OPTION # 3 • . , „ , . i1 , • • „ ,,, e. i I. ; tF F .,,... ,.-lri,__.4 — .r _. :, f ••,,,! ...,-- _.:-' • . .. a I k I Al/ * ' .r,V1''' ' 4 ! ,.':. 1 I h 00 3/ 1-1 /2022 t1;41) y r Is ,' = . Remove concrete just under the structure Remove all fence Remove all metal parking poles Leave City sidewalk & driveway apron Remove all trash & debris Cut high grass & underbrush Backfill with dirt & level