HomeMy WebLinkAboutPR 17885: EDC TOTAL SAFETY FOR ASBESTOS/LEAD/MOLD , 501 PROCTER STREET Interoffice
MEMORANDUM
To: Mayor, City Council, Acting City Manager
From: Floyd Batiste, CEO _id3
Date: July 2, 2013 "
Subject: P. R. No. 17885; Council Meeting on September 3, 2013
A RESOLUTION APPROVING AN 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
FOR THE BASEMENT
P.R. No. 17885
8/27/2013 cs
RESOLUTION NO.
A RESOLUTION APPROVING AN 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
SPECIFICALLY RELATED TO THE BASEMENT IN THE
NOT TO EXCEED AMOUNT OF $6,300; 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 19, 2013, the PAEDC Board of Directors approved engaging the
services of Total Safety for the asbestos, lead and mold consulting services in an amount not to
exceed $34,900 per Resolution 13 -202; and
WHEREAS, on August 8, 2013, the PAEDC Board of Directors approved engaging the
services of Total Safety for the asbestos, lead and mold consulting services for the basement of
501 Procter which was not included in their previous agreement per Resolution 13 -202, in an
amount not to exceed $6,300.
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 hereby authorizes the PAEDC to engage the services of
Total Safety for the asbestos, lead and mold consulting services for the basement located at 501
Procter Street for an amount not to exceed $6,300.
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
APPROVED:
Floyd Batiste, PAEDC CEO
#1015135 Page 2
APPROVED AS TO FORM:
iL Guy . Goodson, ' AEDC
APPROVED S TO FORM:
\\.(at) ■
Valecia R. eno, Cif Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Deborah Echo, 'finance Director
#1015135 Page3
Exhibit "A"
Tv, ' TA L wwwToralSafetycom
SAFETY
August 26, 2013
Port Arthur Economic Development Corporation
4173 39` Street
Port Arthur, Texas 77642
ATTN: Mr. Floyd Batiste
(409) 963 -0579
fbatiste @paedc.orq
Subject: Proposal for Services:Asbestos /Lead Consulting Services
Project Site: Port Arthur Savings Building, 501 Procter Street - BASEMENT PROJECT
Proposal No.: 8559C
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 abatement project at the Port Arthur Savings Building BASEMENT AREAlocated at 501
Procter Street inPort Arthur, Texas.
Scope of Work
Based on our review and understanding of the project, the following tasks are included in the Scope of
Work:
• Conduct an asbestos /lead paint survey
• Test the flooded area for asbestos contaminated water
• Coordinate the removal of approximately six feet of water in basement
• 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.
Field Survey
EHS Services will test the flooded areas of the 501 Proctor Street Basement for asbestos contaminated
water prior to any water removal process occurs. In addition, coordination of water removal will be
conducted using the Owner's equipment and personnel. Once water is extracted from the basement
area, EHS Services will test all suspect asbestos containing materials and lead based paint in the
accessible areas.
Total Safety, U.S., Inc., d /b /a EHS Services
4100 North Sam Houston Parkway West, Suite 290, Houston, TX 77086 -1467
2300 Highway 365, Suite 370, Nederland, TX 77627
Total Safety, U.S., Inc., d /b /a EHS Services
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
• 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 $6,300.00.
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, �t
Daniel R. Ward
Manager of Asbestos Services
ATTACHMENTS: EHS Services Terms and Conditions
501 Procter Street — Basement Project Page 2 of 4
August 2013 Proposal No. 8559C
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, Toss 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 — Basement Project Page 3 of 4
August 2013 Proposal No. 8559C
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 — Basement Project Page 4 of 4
August 2013 Proposal No. 8559C