HomeMy WebLinkAboutPR 13326:AAR ASBESTOS ABATMemo
r-mm:Lawrence Baker, Director of Community ~
Datm 11104/0~
P.R. 13326- AUTHORIZING THE EXECUTION OF A CONTRACT TO AAR
FOR ASBESTOS ABATEMENT OF THE ELECTRICAL AND POLICE/FIRE
BUILDINGS
~ Staff is recommends that City Coundl adopt P.R. No. 13326,
authorizing the City Manager to execute on behalf of the City of Port Arthur and AAR,
Incorporated, Inc. for asbestos abatement of the City's Elect~cal Building and the Police/Fire
Department Buildings.
~ Because Of Hurricane Rita, these buildings sustained extensive rain
damage to the interior. The floorings in these buildings will have to be removed. The files in
all of these buildings contain asbestos adhesives. AAR will remove and dispose of these files
accon:ling to the Texas Department of Health regulations.
BUDGET AND REVENUE IMPACT: Adoption of this proposed resolution will not require a
budget amendment. Funds will be used from Account No. 123-2300-901.32-00.
STAFF LEVEL IMPACT: None.
~ Adopfion of this proposed resol~on will allow the abatement of the asbestos to
proceed in a timely manner.
· Page 1
P. R. No. 13326
11/04/05 DTP
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO AAR,
INCORPORATED, IN THE AMOUNT OF $34,750.00, AND
AUTHORIZING THE EXECUTION OF ACONTRACT FOR
ASBESTOS ABATEMENT OF THE ELECTRICAL AND
POLICE/FIRE BUILDINGS, TO BE CHARGED TO
ACCOUNT NO. 123-2300-901.32-00.
WHEREAS, the City of Port Arthur's Electrical Permit Building and Police/Fire Building were damaged by
Hurricane Rita; and
WHEREAS, there is an immediate need for asbestos abatemem work at these facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
Section 1. THAT the facts and opinions in the preamble are true and correct.
Section 2. THAT there has been significant unforeseen damage to the Electrical Permit Building and
Police/Fire Building as a result of Hurricane Rita.
Section 3. THAT immediate asbestos abatement is necessary to preserve and protect the public health.
Section 4. THAT the City Council of the City of Port Arthur hereby awards a contract for the asbestos
abatemem of these City of Port Arthur facilities to: A~ag~:l~; and,
Section 5: THAT the CityManager of the City of Port Arthur is herebyauthorized and directed to execute
on behalf of the Cityof Port Arthur an agreement between the Cityof Port Arthur and AAR, Incorporated, Inc., for the
contract price of $34,750.00 (a copy of said contract is attached hereto as Exhibit "A"); and,
Section 6: THAT said contract is a duplicate of the standard form Contract previously approved by the
City's Legal Departrnem except for the changes shown on the Certificate of Standard Form Contract, a copyof which is
atxached hereto and is hereby incorporated by reference as Exhibit "B', and said changes are hereby approved; and,
P. R. No. 13326
11/04/05 DTP
Section 7: THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED, AND APPROVED this the. day of November, A.D., 2005, 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:
CITY SECRETARY CITY ATTORNEY'-~---(~t4 b~D4¢ 06')
APPROVED FOR ADMINISTRATION:
cIT~ MKNAG~ER DI~CToR OF CO~iM~ SERVICES
APPROVED AS TO AVAILABILITY OF FUNDS:
DIRECTOR OF FINANCE
EXHIBIT "A"
l~(I~II~II "A"
AGREEMENT
THIS AGREEMENT made this __ day of in the year 2005, by and between
the City of Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated
as the Owner, and AAR, Incorporated, hereinafter designated as the Contractor. The Owner and the
Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the
Owner's Contract Documents entitled:
ASBESTOS ABATEMENT
CITY OF PORT ARTHUR ELECTRICAL BUILDING
CITY OF PORT ARTHUR POLICE/FIRE BUILDING
The Work is generally described as follows: Asbestos Abatement
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed within
calendar days after the date of commencement of the Work.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the
Contractor shall pay the Owner the sum of $100.00 for each calendar day that expires after the time
specified in this Article 2, herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s), Thirty four thousand, seven hundred fifty dollars
and no cents ($34,750.00), named in the Contractor's Bid and Bid Schedule(s).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, Scope of Work, Bid
Forms (Bid, Bid Schedule(s) and Bid Summary, Bid Bond, Corporate Resolution, Information Required
of Bidder, Agreement, Performance Bond, Payment Bond, Minority Business Utilization Commitment,
MBE Schedule C, Schedule of Prevailing Local Wage Rates, General Conditions of the Contract, General
Summary of the Work, Technical Specifications, Special Specifications, Drawings Listed in the Schedule
of Drawings in the Supplementary General Conditions of the Contract, General Notes, Addenda
Numbers 0 to 0, inclusive, and all Change Orders and Work Directive Changes which may be issued
subsequent to the Effective Date of the Agreement and are not attached hereto.
1
EXHIBIT "A"
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in full when all o£the work is completed and approved by City staf£ with provision
for damages in accordance with Article 2 of this Agreement.
ARTICLE 6. NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail,
postage prepaid, to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
Terms used in this Agreement which are defined in Article 1 of the General Conditions and
Supplementary General Conditions will have the meanings indicated in said General Conditions and
Supplementary General Conditions.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically, but without limitation, monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF PORT ARTHUR: AAR, INCORPORATED:
Signature
By: By:
Steve Fitzgibbons Printed Name/Title
City Manager
Attest: Attest:
Date: Date:
*AAR Proposal Attached.
2
1~/05/2005 05:44 FAX 7~34564234 AAR INCOR~0RATED ~002
~ ~ncoz-po~at;ed.
November 03, 2005
COMMUNr[¥ SERVICE
The City of Port Arthur ·
444 4 street 0,$ 2005
t'o~t A..-~ur, Texas 77~40
Attention: Lawrence Baker
Reference: Asbestos Abatement ~ Electrical Permit Bldg. and Police & Fire
Dear Mr. Baker,
We are pteased to offer our quotation to furnish all necessary labor and materials to perform the
following work for the stipulated sum:
ELECTICAL PERMIT BLDG
Removal, transportation and disposal of ~1,715 SF of asbestos containing/
contaminated ]Floor Tiles, ~2~050 SF of Asbestos Containing Black Mastic,
& ~144 SF of Carpet over 9X9 Floor Tiles from the above referenced building.
AIl for the sum of:__ Nine Tho-~nd Nine Hqpdred Fifty .Dollars ($ 9~950.00)
POLICE TRAINING ROOM
Removal, transportation and disposal of ~(~9 SF of asbestos containing/
con~smln~ted Floor Tiles and Assoeiated Mastic from thc Training Room.
All for the sum of.* -Fou. r Thousand Eight Hundred Forty FiVe-Dollars ($ 4.845.00
POLICE STATION
Removal, transportation and disposal of ~5,020 sf of asbestos contginin~/
contaminated Floor Tiles and Associated ~tsfic from the ~, Narco .fl~..
Al-ca, ~ Thc Communications Center, and ~
Area..
AU for the sum of: Nineteen Thou.sand Nine Hundred Fi..fty Five--- .......
.......... _ .............. -- .... D~tsrs (S 19,9~.00
11/03/200S 03:41 F~I 71345542~¢ AIR INCORPORATED ~003
Our qttotafion is bas~ on thc followin§:
1. EPA, TDH and OSHA approved methods.
$2,000,000 CSL general liability insurance policy.
3. Power and water to be furnished by owner.
4. All electrical will be isolatexl and/or disconnected by lhe ovmer, as r~quircd.
5. Specificaions as prepared by ICU.
6. Workin$ str~it~,ht time.
7. Exclusions:
A. Buildin~ Pennit.
B. Any concealed conditions.
C. Repair of any mect~,,~ical, el~U'ical and plumbing. ~ assumes no
responsibility for any reconnecting or capping off.
D. Project Specifications and ThirdParty project monitoring.
E. P&P Bonds
E. Sales tax.
F. Sit~ Security &/or Fire Watch.
If you have any questions or ne~d additional information please do not hesitate to call.
Sincerely.
Randall R Richardson
President ~oll~.~'~ie.~ro
P. R. 113326
Exhibit"W'
(City of Port Arthur)
(Law Department)
(Required Farm)
(o7/05/8~)
(10/05/89)
(O3/1519O)
(p. 2 Revised 09/18/90)
CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW
DEPARTMENT REVIEW AND CITY COUNCIL AGENDA
I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council
Resolution No. 13326 is an exact duplicate of an applicable standard form contract (the title of which is
shown below) previously approved by the Law Departmem and adopted as a standard form by City Council
Resolution, except for the blanks that have been filled in with all necessary information and except for the changes
described below.
The title of the applicable standard form contract is:
[ ] Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89
[ ] Non-Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89
[ ] Federal - Professional Services - Engineering Contract, Revised 01/05/88, 05/89, 07/89, 04/91
[ ] Non-Federal - Professional Services - Engineering Contract, Revised 01/05/88, 05/89(§10),
07/89(§8)
[ ] CDBG - Professional Services - Engineering Contract, Revised 01/05/88, 05/89,§ 07/89§
[ ] Federal - Professional Services - Nun-Engineering (Consultant) contract, Revised 01/05/88,
05/89(§10), 07/89(§8)
[ ] Non-Federal - Professional Services - Non-Engineering (Consultant) Contract Revised 01/05/88,
05/89 (§10), 07/89(§8)
[ ] CDBG - Professional Services - Non-Engineering (Consultant) Contract, Revised 01/05/88,
05/89(§10), 07/89(§8)
[X] Other Standard Form Contract, described as follows:
CDBG Asbestos Abatement
The changes are as follows: (Put an "X" in the appropriate [ ]).
IX] None.
[ ] The following described provisions at the indicated page, section, etc. of the standard form have been
deleted from said contract:
DELETIONS
Section or Section or
Page Number Paragraph No. Subparagraph No.
Where Deleted and Caption and Caption
Provision is Which Contains Which Contains Description of
Found On Provision Deleted Provision Deleted Provision
Standard Form From Form From Form Deleted
P.R. #13326
Exhibit "B"
[ ] The following described provisions at the indicated page, section, etc. of the
standard form have been altered, modified, replaced or otherwise changed:
ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC.
Sub § or Page, § & caption;
Page No. § or § No. Sub § No. sub § & caption,
Where & Caption of & Caption etc. of said contract
Provision Standard of Standard Description which contains
Found On Form which form which of Provision altered, etc. provision; &
Standard Contains Contains in Standard Description of Alteration
Form Provision Provision Form etc.
[ ] The following provisions have been added m Said Contract:
ADDITIONS
Page, Section and Caption Subsection and
Caption, etc. of said Contract Which
Contains the Added Provision and
Description Thereof
I further certify that said attached proposed City Council Resolution contains the following provision: "That said
contract is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate
of Standard Form Contract, a copy of which is atlached hereto as Exhibit "B" and is hereby incorporated by reference,
and said changes are hereby approved."
I understand that this certificate will be relied on by the Law Department in reviewing and
approving (or rejecting) as m form and by the City Council in reviewing and adopting (or rejecting)
said Resolution and Contract.
Signed this 4th day of November, 2005.
Lash/reface B'al~er - '
Director of Community Services