HomeMy WebLinkAboutPR 15639: ICU ENVIRONMENTAL HEALTH & SAFETY - ASBESTOS ABATEMENT CONSULTATION SERVICES
Memo
To: Steve Fitzgibbons, City Manager ) ~+
Ftom: Lawrence Baker, Director of Community Services ~.~/~
Date: November 20, 2009
Re: P. R. NO. 15639 - AWARDING A ONE-YEAR RENEWAL OF AN EXISTING
CONTRACT WITH ICU ENVIRONMENTAL, HEALTH & SAFETY FOR
ASBESTOS ABATEMENT CONSULTATION SERVICES
COMMENT
RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 15639
authorizing the City Manager to execute cone-year renewal of a contract with ICU Environmental,
Health & Safety. ICU has demonstrated that they have the professional staff and the ability to
provide the City of Port Arthur outstanding abatement consultant services. In addition they axe
qualified and capable to provide other air monitoring services.
BACKGROUND: On December 18, 2007,. the Ciry Council approved Resolution No. 07-539,
which authorized the execution of an asbestos consulting contract with ICU Environmental,
Health & Safety. The existing contract is for one (1) year with an option to renew for two (2)
additional one- (1) year periods. The contract has been renewed once (Resolution 08-446 on
November 18, 2008). This will be the second and final renewal. The contractor has been providing
good service and has met the terms of their contract with the City.
BUDGET AND REVENUE IMPACT: Acceptance of this recommendation will not require a
budget amendment. Funds axe available in Account No. 105-1431-552.54-00, Project No. C35120.
STAFF LEVEL IMPACT: Acceptance of this recommendation will have rio effect on current
staffing level.
SUMMARY: Staff recommends that the City Council adopt P. R. No. 15639, thereby authorizing
the execution of a one-year renewal of the City's current agreement between the City of Port Arthur
and ICU Environmental, Health & Safety. The contractor will submit proof of insurance.
DTP '
P. R. No. 15639
11/20/09 DTP
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXTENSION OF
A CONTRACT WITH ICU ENVIRONMENTAL, HEALTH
& SAFETY FOR ASBESTOS ABATEMENT CONSULTING
SERVICES. ACCOUNT N0. 105-1431-552.54-00, PROJECT
NO. C35120.
WHEREAS, pursuant to Resolution No. 07-539, the City of Port Arthur entered into a contract with ICU
Environmental, Health and Safety to serve as the City's asbestos abatement consultant; and
WHEREAS, the term of the contract was for one year with an option to renew for two additional one-year
periods (a copy of the original agreement is attached hereto as Exhibit "A"); and
WHEREAS, the City Council deems it in the best interest of the citizens of Poxt Arthur to approve the
second renewal of this contract:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
THAT, the City Council hereby authorizes the second and fmal renewal, for a period of one additional year
(until December 18, 2010), of the existing non-exclusive contract with ICU Environmental Health and Safety.
THAT the contractor shall sign a copy of this resolution agreeing to the terms thereof; 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 15'h day of December, A.D., 2009, at a Regular Meeting
of the City Council of the Ciry of Port Arthur, Texas by the following vote:
AYES: MAYOR:
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P. R. No. 15639
11/20/09 DTP
ATTEST:
CITY SECRETARY
APPROVED FOR ADMINISTRATION:
CITY Mt1NAGER
APPROVED AS TO AVAILr1BILITY OF FUNDS:
DIRECTOR OF FINANCE
AGREED TO:
ICU ENVIRONMENTAL, HEALTH &
SAFETY
bfAYOR
APPROVED AS TO FORM:
(~-
CITYATTORNEY f~~~)
~~G/~~1~~ ~~
D ECTOR OF COI~IMUNITY SERVICES
APPROVED FOR PURCHASING:.
PURCHASING~NAGER
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t ~ ., ~ ~..
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF PORT ARTHUR
CONTRACT FOR PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT, entered into by and. between the City of Port Arthur, Texas
(hereinafter called the "CITY" or the "OWNER") acting herein by its City Manager; duly
authorized by Resolution of the City Council of the Gity of Port Arthur and ICU
Environmental Health and Safety (hereinafter called the "CONSULTANT") acting
herein by Daniel R. Ward,. its Vice President hereunto duly authorized: "
WITNESSETH THAT:.
WHEREAS, the CITY contemplates obtaining certain funds from the United
States of America, under its revenue-sharing program, for the implementation of an
asbestos abatement consultation service. for the City of Port Arthur; and
WHEREAS, the CITY desires to engage the CONSULTANT to render certain
technical and professional services hereafter described in "Scope of Services": NOW,
THEREFORE, the Parties hereto do mutually agree as follows:
I.~ EMPLOYMENT OF CONSULTANT
The City hereby agrees to engage, the CONSULTANT and the CONSULTANT
hereby agrees to perform the "Scope of Services" hereinafter set forth.
2. SCOPE OF SERVICES
Consulting services shall be provided as follows:
A~ BASIC SERVICES. -__ .__ -----_._. __ _ _ ----- ---
1) Description of Work: CONSULTANT will perform the work described below:
a) The designing of asbestos abatement.projects;
b) The inspection for asbestos-containing materials (ACM);
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c) The evaluation and selection of appropriate asbestos abatement methods
and proj ect 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.
2) Compensation: CONSULTANT'S compensation for Basic Services shall be
as set forth in Paragraph 5.
3. TIME OF PERFORMANCE
CONSULTANT will proceed on individual asbestos abatement projects as he receives
notice to proceed from the Director of Community Services. He will complete each
project within the amount of days designated by the Duector of Community Services;
unless delayed by causes outside the control of.CONSULTANT, and' will proceed with
subsequent work only on authorization by OWNER. CONSULTANT shall immediately
submit to OWNER in writing evidence of delay satisfactory 'to the Director of
Community Services' reasonable discretion, upon which an. extension of time equal to the
period of actual delay shall be granted in writing. These projects do not include the
locations which have already been contracted to Health and Safety Management, Inc..
4. INFORMATION AND SERVICES TO BE FURNISHED CONSULTANT
It is agreed that the CITY will famish, without charge, for the use of the Contract,
information, data, reports, records, and maps as are existing, available and necessary for
the carrying out of the work of the CONSULTANT as outlined under "Scope of
Services." The CITY and its agencies will cooperate with the CONSULTANT in every
way possible to facilitate the performance of the work described in this Contract.
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5. COMPENSATION-AND METI30D OF PAYMENT
A. COMPENSATION
CITY will pay CONSULTANT for work performed and. services .rendered under
Pazagraph 2 "Scope of Services", (Basic Services and Additional Services) at the
following rates:
RATE QUOTATION
TEXAS DEPARTMENTOF IiEALTH
LICENSED ASBESTOS CONSULTING SERVICES
Labor rates shall represent complete hourly labor rate including taxes, benefits, overhead,
profit, etc. Rate provided shall be applicable to hourly rate regardless of minimum
chazge. These rates are in effect for one year.
LABOR CATEGORIES
STANDARD
RATE
OVERTIME
RATE
Individual Consultant
Inspector.
Inspector Assistant
$31.90/hr
$31.90/hr
Included in above rate
Project Manager $31.90/hr
Air Monitoring Technician (includes- Included in Project
five (5) 24-hour, in-lab PCM samples Manager Rate
per work shift)
MINIMUM CIIARGE PER CALL-OUT/SITE VISTT
Asbestos Consultant
Inspector
$31.90/hr
$31.90/hr
Included in above rate
$3.1.90/hr
Included in Project
Manager Rate
4 hours @ $31.90fhr
4 hours @ $31.90fhr
Project_Manager__ __ ...
Air Monitoring Technician
(includes. five (5) 24-hour, in-lab PCM
samples per work shift)
_ 4 hours @ $31_.90/hr
4 hours @ $31.90/hr
REPORT DEVELOPMENT/PREPARATION (as required)
$31.90/hr
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ASBESTOS ABATEMENT PROJECT CONTRACT SPECIFICATIONS
Includes the following:
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-constructiori 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 ................:..:......................................... ................$500:00
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,
24-hour, in-lab
2- hour, in-lab
$0.00 each
$0.00 each
$0.00 each
a
ASBESTOS AIR SAMPLES -Transmission Electron Microscopy (TEM)
24-hour, in-lab ~ $50.00 each
ASBESTOS BULK MATERIALS SAMPLES -Polarized Light Microscopy (PLM)
3-day, in-lab
24-hour, in-lab
6.
$10.95 each
$10.95 each
CONSULTANT shall keep accurate records, including time sheets and travel
vouchers, of all time and expenses. allocated to performance of Contract work. Such
records shall be kept in the office of the CONSULTANT for a period of not less than five
(5) years and shall be~made available to the CITY for inspection and copying upon
reasonable request.
7. OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates, specifications, field notes and
data aze property of OWNER. CONSULTANT may retain reproducible copies of
drawings and other documents.
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State
of Texas, unless otherwise pemutted by OWNER. The CONSULTANT shall, at his own
expense, purchase, maintain and keep in force insurance as denoted in the attached
Exhibit "A", and shall specifically maintain professional liability insurance.
a) Professional-liability insurance of $1,000,000.00.
1) CONSULTANT also agrees to maintain Professional Liability Insurance
__, coverage._of $1,000,000...00 minimum per_ occurrence/claim/policy year aggregate limits
against CONSULTANT for damages arising in the course of, or as a result of, work
performed under this Contract.
CONSULTANT shall cause CONSULTANT'S insurance company or insurance agent
to fill in all information required (including names of insurance, agencies,
CONSULTANT and insurance companies, -and policy numbers, effective dates and
expiration dates) and to date and sign and do all other' things necessary to complete and
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make into a valid certificate ofinsurance, and pertaining to the above listed Item 5; and
before commencing any of the work and within the time otherwise specified;
CONSULTANT shall file said completed Form with the OWNER. None of the
provisions in-said Form shall be altered or modified in any respect except as herein
expressly authorized. Said CERTIFICATE OF INSURANCE Form shall contain a
provision that coverages afforded, under the policies will riot be altered, modified. or
canceled unless at least fifteen (15) days prior written notice has been given to the
OWNER. CONSULTANT shall also file with the OWNER valid CERTIFICATE(S) OF
INSURANCE on like form from or for all Subcontractors, and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE
Form(s) shall in any event be filed with OWNER not more than ten (10) days after
execution of this Contract. Deductible on policy for Professional Liability shall not
exceed $5,000.00 unless specifically approved by the Owner.
9. PROFESSIONAL LIABLTTY
A. CONSULTANT shall be responsible for the use and. employment of reasonable
skill and care befitting the profession in the designs, drawings, plans, specifications, data, <
reports and designation of materials and equipment provided by CONSULTANT for the
projects covered by this contract. Approval by CITY shall not constitute nor be deemed a
release of waiver of the responsibility and liability of CONSULTANT for the accuracy
and competency. of such designs, drawings, plans, specifications, data, reports and
designation of materials and equipment:
B. If services include periodic visits to the site to inspect work performed by another
contractor, CONSULTANT is responsible to exercising reasonable care and skills
befitting the profession to assure that the Contractor performs the work in accordance
with Contract documents and to safeguard. the CITY against. defects and deficiencies in
the work; provided, however, CONSULTANT- does not guarantee or insure the work
completed by the Contractor. During visits to the asbestos abatement site, and on the
basis of the CONSULTANT'S on-site observations as an experienced and qualified
professional, he will keep the CITY informed of the extent of the progress of the work,
and advise the OWNER of material and substantial defects and deficiencies in the work
of contractors which are discovered by the CONSULTANT or otherwise brought to the
CONSULTANT'S attention in the course of asbestos abatement, and may, on behalf of
the_CITY exercise whatever rights the CITY.may have to disapprove work and materials.
_.._ ..
as failing to conform to the Contract documents.
10.I1V-DEMNiFICATION ..
CONSULTANT shall comply with the requirements of all applicable laws, rules, and
regulations in connection with the services of CONSULTANT and shall exonerate,
indemnify and hold harmless the CITY; its officers, agents and all employees from any
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and all liability, .loss or damage arising out of noncompliance with such laws; rules and
regulations; without limitation, CONSULTANT shall assume full responsibility of
payments of Federal, State and local taxes or contributions imposed or required under the
Social Security, Worker's Compensation, and Income Tax Laws with respect to
CONSULTANT'S employees. Further, CONSULTANT shall exonerate, indemnify and
hold harmless the CITY, its officers, agents and all employees-from any and all liability,
loss, damages, expenses or claims arising out of negligence of CONSULTANT, its
officers, agents, and employees in connection with any of the work performed or to be
performed under this Contract by CONSULTANT or as a result of CONSULTANT
failure to use and employ reasonable skill and care befitting the profession in accordance
with paragraph 9 hereof. Further, CONSULTANT shall exonerate, indemnify and'. hold
homeless the CITY, its officers, agents, and all employees from any and all liability, loss,.
damages, expenses or claims for infringement of any copyright or patents arising out of
the use of any plans, designs, drawings, or specifications famished by CONSULTANT in
the performance of this Contract.
11.ADDRESS OF NOTICE AND COMMUNICATIONS
-CITY:
CITY OF PORT ARTHUR
P. O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Lawrence Baker
Dir. of Community Services
CONSULTANT:
ICU ENVIItONMENTAL, HEALTH
& SAFETY
2300 Highway 365, Suite 370
Nederland, Texas 77627
Attn: Daniel R. Ward
Vice President
All notices and communications under this Contract shall be mailed or delivered to
OWNER and CONSULTANT at the above addresses. -
12. CAPTIONS
Each paragraph of this Contract has been supplied with a caption to serve only as a
guide to the- contents. The. caption does not control the meaning of any Paragraph or in
any way determine its interpretation or application.
13. SUCCESSORS AND ASSIGNMENTS
The OWNER and the CONSULTANT each binds himself and his successors,
executors, administrators; and assigns to the other party of this Contract. and to the
successors, executors, administrators and assigns of such other party, in respect to all
covenants of this Contract. Except as` above, neither the OWNER nor the
CONSULTANT shall assign, sublet, or transfer his interest in this Contract without the
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written consent of the other. Nothing herein shall be construed as creating any personal
liability on the part of any- officer or agent of any public body which may be a party
hereto.
14. CIVIL RIGHTS
No person shall, on the grounds of race; religion, color, sex or national origin, be
excluded from participation in, be denied the benefits of, or be .subjected to
discrimination under any program or activity of the CITY.
The CONSULTANT will carry out its work under this Contract in a manner which
will permit full compliance bythe CITY with the Statute:
15. TERMINATION
The City reserves the right to terminate this Contract at any time by giving at least
thirty (30) days notice in writing to CONSULTANT. If the Contract is terminated by the
CITY as provided herein, the CONSULTANT will be paid for the time provided and
expenses incurred up to the termination date.
SIGNED AND AGREED TO this 2S~ ~ day of ~e ~~-^-~~- , AD 2007:
yV~v'
ICU ENVIRONMENTAL, HEALTH & SAFETY
ITNESS D
SIGNED AND AGREED TO this !}Oh day of ye cc,~/O~~ , AD 2007:
__ _. ._._._ CITY__OE PORT ARTHiTR _._...____.__ _._.__.____...__
BY CITY MANAGER
WITNESSED
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