HomeMy WebLinkAboutPR 17833: EDC TOTAL SAFETY FOR ASBESTOS/LEAD/MOLD , 501 PROCTER STREET Interoffice
MEMORANDUM
To: Mayor, City Council, Acting City Manager
From: Floyd Batiste, CEO
Date: July 2, 2013
Subject: P. R. No. 17833; Council Meeting on September 3, 2013
A RESOLUTION APPROVING CHANGE ORDER NO. 2 TO
THE AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND TOTAL SAFETY FOR THE
ASBESTOS /LEAD /MOLD CONSULTING SERVICES AT
501 PROCTER STREET
P.R. No. 17833
8/27/2013 cs
RESOLUTION NO.
A RESOLUTION APPROVING CHANGE ORDER NO. 2 TO
THE AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND TOTAL SAFETY FOR THE
ASBESTOS/LEAD/MOLD CONSULTING SERVICES AT
501 PROCTER STREET IN THE AMOUNT OF $8,600
BRINGING THE TOTAL CONTRACT PRICE TO $43,500;
FUNDING AVAILABLE IN ACCOUNT NO. 120 -1429-
582.54.00
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
( "PAEDC ") has acquired the property at 501 Procter Street, formerly the Port Arthur Savings
Building, for the purpose of renovating the building to house PAEDC and additional tenants;
and
WHEREAS, the building at 501 Procter Street will need to undergo abatement for
lead, mold and asbestos before renovations can be made; and
WHEREAS, per Resolution 13 -151 the City Council of the City of Port Arthur
approved an abatement agreement between the PAEDC and R. L. Abatement, Inc. of Weslaco,
Texas for asbestos, lead and mold abatement at 501 Procter Street (the "Agreement "); and
WHEREAS, on April 30, 2013 per Resolution 13 -202, the City approved engaging the
services of Total Safety for the asbestos, lead and mold consulting services; and
WHEREAS, per Resolutions 13 -215, 13 -255 and 13 -275, the City Council approved
the scope of services in the Agreement with R. L. Abatement, Inc. for Change Orders No. 1, 2
and 3; and
WHEREAS, Total Safety has requested Change Order No. 2 for additional monitoring to
coincide with R. L. Abatement's change orders listed above in the amount of $8,600 as denoted
in Exhibit "A" increasing the contract amount from $34,900 to $43,500; and
WHEREAS, the PAEDC Board of Directors approved Change Order No. 2 with Total
Safety at its Regular Board Meeting on August 8, 2013.
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 the City Council approved Change Order No. 2 requested by Total
Safety for additional monitoring to coincide with R. L. Abatement's change orders in the amount
of $8,600, increasing the contract amount from $34,900 to $43,500.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2013,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
•
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
#1012255 Page 2
APPROVED:
Floyd Batiste, PAEDC CEO
APPROVE •1S T O 0 RM:
0
i
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FORM:
, /2/ e „0 ,
--, --)
Valecia R. T eno, it,, ttorney
APPROVED AS TO AVAILABILITY OF FUNDS:
AOF / J
Deborah Echols, Financ irector
#1012255 Page3
Exhibit "A"
Is T www.TotalSafety.com
S A F ETV
August 26, 2013
Port Arthur Economic Development Corporation
4173 39` Street
Port Arthur, Texas 77642
ATTN: Mr. Floyd Batiste
(409) 963 -0579
fbatiste @paedc.org
Subject: Proposal for Services:Asbestos /Lead /Mold Consulting Services — Additional Monitoring
Project Site: Port Arthur Savings Building, 501 Procter Street
Proposal No.: 8559B
INTRODUCTION
Total Safety U.S., Inc., d /b /a EHS Services, (EHS Services) is pleased to present this proposal to the Port
Arthur Economic Development Corporation for the environmentalconsulting services for the
asbestos /lead /mold abatement project at the Former Port Arthur Savings Building located at 501
Procter Street inPort Arthur, Texas.This proposal has been revised per your request.
Scope of Work
Based on our review and understanding of the project, the following tasks are included in the Scope of
Work:
• Attend necessary construction meetings and conferences
• Provide on -site air monitoring during the abatement work
• Interface with regulatory agencies as required for the abatement work
• Provide a final closeout report at the project completion
A description of the proposed tasks is provided in the following paragraphs.
Abatement Monitoring
Proper abatement monitoring is essential to reducing the owner's liability on abatement projects. EHS
Services proposes to monitor the abatement project on a full -time basis utilizing fully accredited and
licensed asbestos field personnel. Tasks to be performed as part of the day -to -day abatement
monitoring activities include:
• Provide oversight for compliance with project specifications, state and federal regulations and
be available for on -site resolution of problems or emergency situations
• Collection of air samples during the abatement activities and analyze all samples
• Providing final clearance air sampling inside each work area
Total Safety, U.S., Inc., d /b /a EHS Services
4100 North Sam Houston Parkway West, Suite 290, Houston, TX 77086 -1467
s 2300 Highway 365, Suite 370, Nederland, TX 77627
Total Safety, U.S., Inc., d /b /a EHS Services
• Provide daily documentation of abatement activities
• Assist in dispute resolution
• Provide overall project oversight and be the owner's on -site representative at all times
Final Report
Upon completion of the entire abatement project, a final report will be prepared which will provide all
supporting documentation, including results of daily air sampling inside and outside the containment,
daily field reports, final clearance procedures and all relevant supporting documentation.
FEE ESTIMATE
We propose to perform the above - mentioned services for a lump sum fee of $8,600.00.
Qualifications
Client Responsibilities
Client to provide access to the work area and will notify proper authorities of our presence.
Insurance Coverage
EHS Services carries a full range of insurance including Worker's Compensation, Professional Liability
($1,000,000), Auto Liability ($1,000,000) and a General Liability Umbrella ($5,000,000).
If this proposal is deemed satisfactory, please sign below and return a copy (via facsimile) to me at (409)
729 -5075. An email to Daniel R. Ward (dward @totalsafety.com) referencing the proposal is also
acceptable. Should you have any questions, please contact me at 409 - 727 -8227.
We look forward to the opportunity to work with you on this project.
Sincerely, ,fir
Daniel R. Ward
Manager of Asbestos Services
ATTACHMENTS: EHS Services Terms and Conditions
501 Procter Street — Additional Air Monitoring Page 2 of 4
August 2013 Proposal No. 8559B
Total Safety, U.S., Inc., d /b /a EHS Services
TERMS AND CONDITIONS
WARRANTY AND LIMITATION OF LIABILITY
Total Safety U.S., Inc., d /b /a EHS Services, (EHS Services) warrants that work will be performed in
accordance with sound practice and professional standards ordinarily exercised by members of the
profession practicing at the same time in the same location, but makes no other warranty, whether
statutory, expressed or implied. All other warranties are disclaimed, including, without limitation, the
warranty of merchantability or fitness for a particular purpose. In the event of an error, omission or
other professional negligence or any breach of the above warranty occurring within one (1) year from
the substantial completion of the project, the sole and exclusive responsibility of EHS Services shall be to
re- perform the deficient work at its own expense. The remedy set forth herein is the client's sole and
exclusive remedy for any breach of warranty or failure by EHS Services to comply with the terms of this
Agreement.
REPORTS
Reports and recommendations made by EHS Services are only advisory in nature and are intended to
assist the Customer in evaluating Customer's facility or operations. They are not intended to imply that
no other defects or hazards exist or that all aspects and areas of the facility or operations are clear of
hazards at the time of inspection. Final responsibility for the condition and operation of the facility lies
with the Customer.
INDEMNITY
Each of EHS Services and Customer shall, to the extent permitted by law, indemnify, defend, and hold
harmless the other from and against any and all claims, demands, complaints or actions of third parties
(including employees of the parties or government agencies) arising from or relating to the Services
(including personal injury, death, property damage or damage to the environment), to the extent caused
or arising out of the negligence, willful misconduct, breach of these terms and conditions, or violation of
law of or by the Indemnitor. Further, in the event the parties are jointly at fault or negligent, they agree
to indemnify each other in proportion to their relative fault or negligence. The claims, demands,
complaints, and actions covered hereunder include all settlements, losses, liabilities, judgments, court
costs, reasonable attorney's fees, fines, penalties and other litigation costs and expenses arising from or
related to such claims, demands, complaints or actions.
In no event shall either Party have any liability to the other Party for any lost profits, loss of use, costs of
procurement of substitute goods or services, or for any indirect, special, incidental, punitive, or
consequential damages, however caused, and whether in contract, tort, or under any other theory of
liability.
501 Procter Street — Additional Air Monitoring Page 3 of 4
August 2013 Proposal No. 8559B
Total Safety, U.S., Inc., d /b /a EHS Services
INSURANCE
Upon request of Customer, Customer shall be named as an additional insured on EHS Services' policies
of insurance to the extent of EHS Services' indemnity obligations under this Agreement.
APPLICABILITY
These terms and conditions shall be binding on and inure to the benefit of the personal representatives,
the successors, or the assigns of the parties. No waiver or statements by any representative of the
service provider will be valid unless contained in this agreement. These terms and conditions constitute
the entire agreement between EHS Services and Customer and shall not be amended except in a writing
signed by both Parties.
FORCE MAJEURE
EHS Services shall not be responsible for failure to render work due to causes beyond its control,
including but not limited to work stoppages, fires, civil disobedience, riots, rebellions, acts of God.
SEVERABILITY
If any provision of this Agreement is held by ay court or other competent authority to be void or
enforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and
the remainder of the affected provision.
GOVERNING LAW, VENUE AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas
applicable to contracts made and to be performed therein, exclusive of the choice of law or conflict of
laws provisions thereof. Any action or proceeding seeking to enforce any provision of, or based on any
right arising out of, this Agreement may be brought against any of the parties in the courts of the State
of Texas, County of Harris, or, if it has or can acquire jurisdiction, in the United States District Court for
the Southern District of Texas, and each of the parties consents to the jurisdiction of such courts (and of
the appropriate appellate courts) in any such action or proceeding and waives any objection to venue
laid therein.
EHS Services Terms & Conditions Accepted forClient
BY: DATE:
TITLE:
EHS Services Approval
BY: DATE:
Daniel Penaloza
Technical Operations Manager
501 Procter Street — Additional Air Monitoring Page 4 of 4
August 2013 Proposal No. 8559B