HomeMy WebLinkAboutPR 23153: 1ST YEAR RENEWAL WITH HONESTY ENVIRONMENTAL SERVICES, INC. FOR ASBESTOS, LEAD AND MOLD ABATEMENT CONSULTING SERVICES City of - cs)
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INTEROFFICE MEMORANDUM
Development Services Department
Code Compliance-Demolition Division
Date: May 9, 2023
To: Ronald Burton, City Manager
Mayor and City Council
From: Darlene Thomas-Pierre, Code Compliance Manager
Re: P. R. NO. 23153 —AUTHORIZING THE FIRST-YEAR RENEWAL OF THE CONTRACT WITH
HONESTY ENVIRONMENTAL SERVICES, INC., OF NEDERLAND, TEXAS, FOR ASBESTOS,
LEAD AND MOLD ABATEMENT CONSULTING SERVICES,IN AN AMOUNT NOT TO EXCEED
$40,000.00, TO BE CHARGED TO ACCOUNT NO. 001-13-035-5470-00-10-00 (GENERAL FUND).
COMMENT
Nature of the Request:
Staff recommends that the City Council adopt P.R.No.23153 authorizing the City Manager to execute the first-year
renewal of the contract with Honesty Environmental Services,Inc.in an amount not to exceed$40,000.00. Honesty
Environmental has demonstrated in their proposal that they are qualified and capable and have the professional staff
and the ability to provide the City of Port Arthur with the necessary abatement consultant services.
Staff Analysis/Considerations:
The existing contract was approved by Resolution No. 22-118 on March 29, 2022; the City of Port Arthur has the
option to renew for two additional one-year periods. The contractor has been providing good service and has met the
terms of their contract with the City. Honesty's response and services have been commendable. This contract is
necessary for asbestos abatement for the public's health and safety.
Recommendation:
Staff recommends that the City Council adopt P. R. No. 23153 thereby authorizing the execution of the first-year
renewal of an asbestos, lead,and mold abatement consulting services agreement between the City of Port Arthur and
Honesty Environmental Services, Inc. in an amount not to exceed $40,000.00
Budget Consideration:
Acceptance of this recommendation will not require a budget amendment.Funding is available in Account No.001-
13-035-5470-00-10-00 (Professional Services).
DTP/vh
cc: Pamela Langford, ACM/Director of Development Services
Clifton Williams, Purchasing Manager
P. R. No. 23153
05/9/2023 VH
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FIRST-YEAR RENEWAL CONTRACT
WITH HONESTY ENVIRONMENTAL SERVICES, INC.
OF NEDERLAND, TEXAS,FOR ASBESTOS, LEAD,AND
MOLD ABATEMENT CONSULTANT SERVICES, IN AN
AMOUNT NOT TO EXCEED$40,000.00,TO BE CHARGED
TO ACCOUNT NO. 001-13-035-5470-00-10-00 (GENERAL
FUND).
WHEREAS,per Resolution No. 22-118,the City of Port Arthur awarded a one-year contract to Honesty
Environmental Services, Inc., for asbestos, lead, and mold abatement consultant service, with an option to
renew for two additional one-year periods; and
WHEREAS, the City desires to renew the contract for asbestos, lead, and mold abatement consultant
service with Honesty Environmental Services,Inc., for an additional year; and
WHEREAS, we expect to use the services of Honesty Environmental Services, Inc. primarily for
Commercial demolition projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
THAT the City Council of the City of Port Arthur hereby authorizes the first-year renewal of the contract
for asbestos,lead,and mold abatement in the City of Port Arthur with Honesty Environmental Services,Inc.,in
substantially the same form, as delineated in Exhibit"A"; and
THAT,the contract amount will not exceed$40,000.00; and
THAT, the City Manager of the City of Port Arthur is hereby authorizing the first-year renewal of the
contract between the City of Port Arthur and Honesty Environmental Services,Inc. of Nederland, Texas.
THAT said contract,attached hereto as Exhibit"A",is a duplicate of the standard form Contract previously
approved by the City's Legal Department; and
P. R.No. 23153
05/09/23 VH
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ,ADOPTED,AND APPROVED this the 23rd day of May,A.D.,2023,at a Regular Meeting of the
City Council of the City of Port Arthur, Texas by the following vote:
AYES: MAYOR: Councilmembers:
NOES:
MAYOR
ATTEST: APPROVED AS TO FORM:
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CITY SECRETARY I Y ATTO EY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
r
ANT CIT MANA ER/DIRECTOR OF C IAN E A
DEVELOPMENT SERVICES
APPROVED AS TO AVAILABILITY OF FUNDS: PROVED FOR PURCHASING:
DI CTOR OF FINANC P CHASING MANAGER
EXHIBIT "A"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement") is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and Honesty Environmental Services, Inc. ("Professional") (individually, each a "Party" and
collectively, "Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto(the"Effective Date")and shall continue thereafter until the one(1)year anniversary
of the Effective Date.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with
the language of ExhibitA and the provisions of this Agreement, the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the "Schedule"), which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by
payment of a fee not to exceed$40,000.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
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City of Port Arthur, Texas
Professional Services Agreement
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
is unsatisfactory as determined by City or which is not performed in compliance with the terms of
this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit B,and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
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Professional Services Agreement
6.4 Professional shall furnish the facilities,equipment,telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
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Professional Services Agreement
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
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Professional Services Agreement
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
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City of Port Arthur, Texas
Professional Services Agreement
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
Honesty Environmental Services, Inc.
2300 FM 365, Suite 450
Nederland, Texas 77627
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
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Professional Services Agreement
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses,compilations, studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
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Professional Services Agreement
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third-Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
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City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2023.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By: _
Ron Burton,City Manager
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2023.
PROFESSIONAL:
HONESTY ENVIRONMENTAL SERVICES
By:
Name:
Title:
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City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services
Consulting services shall be provided as follows:
1) Description of Work: CONSULTANT will perform the work described below:
a) The designing of asbestos, lead, and mold abatement projects;
b) The inspection for asbestos-containing materials (ACM), lead paint, and
mold;
c) The evaluation and selection of appropriate asbestos abatement, lead
abatement, and mold abatement methods and project layout;
d) The preparation of plans, specifications and contract documents;
e) The review of environmental controls, abatement procedures for personal
protection employed during the project;
f) The design of area and clearance monitoring of the project;
g) Any inspection, management planning, air monitoring, or project
management;
h) Consultation regarding compliance with various regulations and standards;
i) Recommendations for abatement options; and
j) Representation of the City's interest.
k) All work shall be performed in strict accordance with Texas Department of
Health (TDH) rules and requirements for asbestos related consulting service
by personnel approximately licensed by TDH.
1) Services related to National Emission Standards for Hazardous Air Pollutants
(NESHAP) compliance should be considered priority issues.
m) Within thirty (30) days following completion of field activities, provide a
final report (one original and one copy) which includes the purpose(s),
summary of results, conclusion,recommendations, summary of dates in table
form, field notes, methodologies, sample data sheets, laboratory reports
and/or other appropriate data.
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Professional Services Agreement
Exhibit B
Rate Schedule
TEXAS DEPARTMENTOF HEALTH
LICENSED ASBESTOS CONSULTING SERVICES
Labor rates shall represent complete hourly labor rates including taxes, benefits, overhead,
profit, etc. Rate provided shall be applicable to hourly rate regardless of minimum charge.
These rates are in effect for one year, with OWNER'S option to renew for two (2)
additional one-year periods.
LABOR CATEGORIES STANDARD OVERTIME
RATE RATE
Individual Consultant $35.90/hr $49.90/hr
Inspector $35.90/hr $49.90/hr
Inspector Assistant Included in above rate Included in above rate
Air Monitoring Technician* $35.90/hr $49.90/hr
(*includes five (5) 24-hour, in-lab PCM samples per work shift)
MINIMUM CHARGE PER CALL-OUT/SITE VISIT
Individual Consultant 4 hour @ $35.90/hr
Inspector 4 hour @ $35.90/hr
Project Manager 4 hour @ $35.90/hr
Air Monitoring Technician* 4 hour @ $35.90/hr
(*includes five (5) 24-hour, in-lab PCM samples per work shift)
REPORT DEVELOPMENT/PREPARATION (as required) $35.90/hr
ASBESTOS AND LEAD ABATEMENT PROJECT CONTRACT
SPECIFICATIONS
Includes the following:
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Professional Services Agreement
1. Project design and development of contract specifications
2. Creation/distribution of required addenda
3. Pre-qualification of abatement contractors
4. Preparation of invitation to bid
5. Pre-bid walk-through conference
6. Notice of intent to award
7. Pre-construction conference
8. Distribution of up to ten (10) bound sets of specifications
Price quotes include:
1. Required consultative interviewing
2. Project site investigation
3. Development of drawing
4. Revisions based on Owner's review
Small Projects .$0.00
Projects with a combined amount of asbestos containing materials equal to or less than
one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of
pipe length or one (1) cubic yard of material. Subject materials shall be isolated to one
specific work area.
Large Projects $475.00
Projects with a combined amount of asbestos containing materials equal to or greater
than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear
feet of pipe length or one (1) cubic yard of material.
ANALYTICAL RELATED FEES/CHARGES
ASBESTOS AIR SAMPLES—Phase Contract Microscopy (PCM)
3-day, in-lab $0.00 each
24-hour, in-lab $0.00 each
2-hour, in-lab $0.00 each
ASBESTOS AIR SAMPLES—Transmission Electron Microscopy (TEM)
24-hour, in-lab $29.90 each
ASBESTOS BULK MATERIALS SAMPLES — Polarized Light Microscopy (PLM)
3-day, in-lab $ 9.90 each
24-hour, in-lab $ 9.90 each
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Professional Services Agreement
LEAD AIR SAMPLES—Flame Atomic Absorption (FAA)
3-day, in-lab $ 9.90 each
24-hour, in-lab $ 9.90 each
2-hour, in-lab $ 9.90 each
LEAD AIR ANALYSIS—Flame Atomic Absorption (FAA)
24-hour, in-lab $ 9.90 each
LEAD BULK ANALYSIS—Flame Atomic Absorption (FAA)
3-day, in-lab $ 9.90 each
24-hour, in-lab $ 9.90 each
MOLD TAPE/BULK/AIR SAMPLES
3-day, in-lab $29.90 each
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City of Port Arthur, Texas
Professional Services Agreement