HomeMy WebLinkAboutPR 22863: CONTRACT WITH LARK GROUP INC., EMERGENCY ABESTOS/LEAD ABATEMENT AND DEMOLITION P. R. No. 22863
01/20/23 SR
RESOLUTION NO.
A RESOLUTION RATIFYING THE CITY MANAGER'S DECISION
TO ENTER INTO A CONTRACT WITH LARK GROUP INC. IN THE
AMOUNT OF$29,300.00 FOR THE EMERGENCY ASBESTOS/LEAD
ABATEMENT AND DEMOLITION OF 3001 19TH STREET, A
DANGEROUS BURNED COMMERCIAL PROPERTY, TO BE
CHARGED TO ACCOUNT NO.001-13-035-5470-00-10-000(GENERAL
FUND-OTHER CONTRACTUAL SERVICES)
WHEREAS, a burned commercial structure located at 3001 19th Street was in imminent danger of
collapse; and as a result, it was necessary to perform an emergency demolition of the building per Section
108, Unsafe Structures, of the 2012 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, the City's Asbestos Consultant solicited quotes for emergency demolition, with Lark
Group Inc., being the lowest and most responsive bidder(See Exhibit"A").
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 the City Manager's decision to enter
into a contract for the emergency asbestos/lead abatement and demolition of 3001 19th Street in the City of
Port Arthur,to the best and lowest responsible bidder to-wit:Lark Group Inca as delineated in 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 31st day of January, A.D., 2023. at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
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P. R. No. 22863
01/20/23 SR
AYES:MAYOR: COUNCILMEMBERS:
NOES:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY SECRETARY CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
1161
ASSISTANT CITY MANAGER/ CODE COMPLIANCE MANAGER
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING:
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iNGFRUM IRECTOR OF F ANCE PURCHASING MANAGER
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EXHIBIT "A"
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City of
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Texas
www.portarthurtx.gov
INTEROFFICE MEMORANDUM
Date: January 20,2023 .
To: Ronald Burton,City Manager; Pamela Langford, Assistant City Manager/Director of Development Services
From: Darlene Thomas-Pierre, Code Compliance Manager
Cc: Sharon Flanagan, Demolition Supervisor
Re: 3001 19'h Street
This memorandum is being submitted on behalf of the Demolition Division.
The Burned Commercial structure located at 3001 19th Street is in imminent danger of completely collapsing
on the neighboring property. It is necessary to immediately perform emergency demolition of the building
per Section 108, Unsafe Structures, of the 2015 International Property Maintenance Code. Notices have
been posted on the building and sent prior to our action.
4141,11.111111pr
Ronald Burto r
City Man•_er
"Remember, u e are here ru serve the (71i_en.s of Port.1 rlhttr"
i
" PO BOX 1089 Purchase Order
City of PORT ARTHUR,TX 77641 39 Fi ear 2023 Page 1 of 1
orl Hilts,.c. ., — IS NUMBER MUST APPEAR ON ALL INVOICES,
T .
PACKAGES,AND SHIPPING PAPERS.
Purchase Order Number 22301928
Bill To BIL Ship To DS
City of Port Arthur DEVELOPMENT SERVICE Purchase Order Date 01/24/2023
PO Box 1089 300 4TH ST. Department CODE COMPLIANCE
Port Arthur, TX 77641 PORT ARTHUR, TX 77641
Required By 01/24/2023
Vendor 6879
LARK ENTERPRISES
889 COUNTY ROAD 1910
WARREN, TX 77664
VENDOR PHONE NUMBER VENDOR EMAIL VENDOR NUMBER REQUISITION NUMBER BUYER NAME DELIVERY REFERENCE
LARKGROUP97@AOL.COM 6879 12302885 Clifton Williams
NOTES
EMERGENCY DEMOLITION
The Above Purchase Order Number Must Appear On All Correspondence-Packing Sheets And Bills Of Lading
1 Emergency Demolition of 3001 19th Street(Burned commercial) 1.0000 LS $29,300.0000 $29,300.00
GL#:001-13-035-5470-00-10-000- $29,300.00
i
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This instrument has been audited in the manner required by local government regulations and laws. Your jurisdiction's
specific legal text may be placed in this area.
Total Ext.Price $29,300.00
IV
W'i
ni i ms Authorized Signature Purchase Order Total $29,300.00
Purchasing Copy
THURMAN BILL BARTIE,MAYOR - _ RONALD BURTON
INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
CAL JONES CITY SECRETARY
THOMAS KINLAW IH o r t r t h a r
KENNETH MARKS VAL TIZENO
CHARLOTTE MOSES Texas CITY ATTORNEY
DONALD FRANK,SR.
NOTICE TO PROCEED
January 24, 2023
Lark Group, Inc.
Attn: Allan Murphy
889 CR 1910
Warren, TX 77664
Re: Emergency Demolition of 3001 197H Street
You are notified that the Contract Times under the above contract will begin to run on January
25, 2023. By that date, you are to start performing your obligations under the Contract Documents The
date of Contract Termination will be January 31, 2023. It is the responsibility of the contractor to meet
the schedule as set forth and in accordance with the terms and conditions of the contract.
Before you may start any work, you must deliver to the Purchasing Manager all required documents as
listed in your Notice of Award and a signed original of this Notice to Proceed.
Invoices for payment must be submitted to PO Box 1089, Attn: Accounting, Port Arthur, TX 77641.
Purchase Order# 22301928 must appear on all related invoices.
Should you have any questions regarding this project, you may contact me at 409.983.8160 or Victoria
Hernandez at 409-983-8209
Thank you for partnering with the City of Port Arthur.
Respectfully, ACCEPTANCE OF NOTICE TO PROCEED
) i/,/ L Jt Company: Lark Group, Inc
Clifton Williams, CPPB Signature:
Purchasing Manager
Print: / ` �, ,/4 e_kt, 171
Title: f v =' '/Z.
Date: / `- - '9-3
CC: Darlene Thomas-Pierre, Code Compliance Manager
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
EMERGENCY DEMOLITION CONTRACT
CITY OF PORT ARTHUR
THE STATE OF TEXAS COUNTY OF JEFFERSON
THIS AGREEMENT is made and entered into this 2f day of January, 2023 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 Twenty nine thousand three hundred dollars
and no cents ($29,300.00); 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 burned
commercial structure at the property described as 3001 19th Street (Burned
Commercial) 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 seven (7)
calendar 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.
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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
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in, be denied the benetits 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
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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.
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SIGNED AND AGREED TO this , day ofAcf\iY\CA_Oulikkic\—, A.D. 2023:
LARK GROUP INC.
WITNESSED
SIGNED AND AG ' ; .D TO this rj day of __ , A.D. 2023:
`!
CITY OF PORT . ' T UR
CITY MA G R
C (Th
WI ESSED
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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,
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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
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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.
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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 DEMOLITION OF (1) ONE BURNED COMMERCIAL STRUCTURE:
ADDRESS OF TYPE OF PROPERTY(S)
STRUCTURE
3001 19th Street (Burned Commercial)-Remove all concrete including front sidewalk,
driveway; Leave City sidewalk&driveway apron,remove all trash& debris,
cut high grass& underbrush,backfill with dirt&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.
D. Any trees and shrubs designated by the Community Services Department will be cut
down and removed from the premises.
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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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