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PR 17843: RESCINDING CONTRACT WITH PORT ARTHUR LOGISTICS AND AWARDING LARK GROUP
INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: Floyd T. Johnson, City Manager From: Beverly Freeman, Acting Director of Housing and Neighborhood Revitalization Date: September 11, 2013 Re: P.R. #17843 RECOMMENDATION: The Housing Division recommends that City Council rescind Resolution Number 13 -404 in its entirety, which authorized the City Manager to execute a contract between Port Arthur Logistics of Port Arthur, Texas, and the City for the demolition and site clearance of four (4) dangerous residential properties in the amount of $14,000, and award the contract to the next lowest and responsible bidder, Lark Group of Warren, Texas, in the amount of $16,700. BACKGROUND: The President of Port Arthur Logistics of Port Arthur, Texas, contacted the City via e-mail and by phone, September 11, 2013, to rescind the contract the company had been awarded for the demolition and site preparation of four (4) dangerous residential properties per Resolution Number 13 -404 on September 3, 2013, because they were having equipment problems. The Housing Division would like to accept the rescinding of Port Arthur Logistics' contract in its entirety, and award the contract to the next lowest and responsible bidder, Lark Group of Warren, Texas, in the amount of $16,700. Name Address Length of Time p Lark Group Warren, Texas $16,700 12 days 1 Port Arthur Logistics Port,Arthur, Texas : $14,000 8 days C & C. Demolition NO BID BUDGETARY /FISCAL EFFECT: HOME Account #108 - 2141 - 626.59 -00 HE1002 will be used to provide funding for these projects. STAFFING /EMPLOYEE EFFECT: Housing Administration staff will be responsible for administering contract. SUMMARY: The Housing Division recommends that City Council rescind Resolution Number 13 -404 in its entirety, which authorized the City Manager to execute a contract between Port Arthur Logistics, Port Arthur, Texas and the City for the demolition and site clearance of four (4) residential dangerous properties in the amount of $14,000, and award the contract to the next lowest and responsible bidder, Lark Group of Warren, Texas, in the amount of $16,700. PR 17843 P. R. 17843 09/11/13 RESOLUTION NUMBER A RESOLUTION RESCINDING RESOLUTION NUMBER 13 -404 IN ITS ENTIRETY, WHICH AWARDED A CONTRACT TO PORT ARTHUR LOGISTICS OF PORT ARTHUR, TEXAS, AND AWARDING AND AUTHORIZING THE EXECUTION OF A CONTRACT TO LARK GROUP OF WARREN, TEXAS IN THE AMOUNT OF $16,700 FOR THE DEMOLITION AND SITE PREPARATION OF FOUR (4) DANGEROUS RESIDENTIAL PROPERTIES. FUNDING FROM ACCOUNT NUMBER 108 - 2141- 626.59 -00 HE1002. Whereas, per Resolution Number 13 -404, the City Council awarded a contract to Port Arthur Logistics of Port Arthur, Texas, for demolition and site preparation of four (4) dangerous residential properties; and Whereas, Port Arthur Logistics via e-mail and by phone stated the company had equipment problems and would be unable to fulfill the contract; and Whereas, Lark Group of Warren, Texas, was the next lowest and responsible bidder in the amount of $16,700; and Whereas, it is in the best interest of the City of Port Arthur to rescind Resolution Number 13 -404 in its entirety, and award the contract to Lark Group of Warren, Texas. 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 rescinds Resolution Number 13 -404 in its entirety, which awarded a contract to Port Arthur Logistics of Port Arthur, Texas, for the demolition and site preparation of four (4) dangerous residential properties. PR 17843 Section 3. That the City Council authorizes the City Manager to enter into a contract with Lark Group of Warren, Texas, for the demolition and site preparation of four (4) dangerous residential properties for the contract price of $16,700.00, in substantially the same form as attached hereto as Exhibit "B ". Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of September, A.D., 2013 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: SHERRI BELLARD, CITY SECRETARY PR 17843 APPROVED AS TO ORM: VAC TI ENO, C r 'MO Y APPROVED FOR ADMINISTRATION: FLOYD T. JOHNSON, CITY MANAGER BEVERLY FREEMAN,t CTING DIRECTOR OF HOUSING & NEIGHB•RHOOD REVITALIZATON APPROVED AS TO THE AVAILABILITY OF FUNDS 4 .14/zed &t,e74 DEBORAH ECHOLS, FINANCE DIRECTOR g h/Vidie24-‘11W SHAWANA TUBBS, CPP , CPPB PURCHASING MANAGER PR 17843 EXHIBIT "A" PR 17843 --3 I O O w t ,. ) -, 4t 2 _ _ y y I 9i • - _, ,...., O - 3 _ .4 - 4 A ei A O A A •• 1 CD CA a O K = r el- O � O a , .+ O cc N N N N , � •• O > A ° ; l a a C cm CD • w w w w a Q . -c .. i - n - A0 -� • o 0 0 p C O c° o o °o d - O it i iI 3 = , y N W w w w .. r j CD �. X Z O W Di CD r r r A t< = ^'.i EA o UC O A • EA bf3 69 Yi - C A A W n . 1 C An © O © X O O O O O -. r 1 CD Z w CD VI O n n _ o 0 CZ IOyCy A CA W p; c W W W V '/1 n r• o c. a =. = A_ o p cm A 2 R At O ■. K r• Q r'f O O O O r CD w w .=• w c ~ cn T_ a CTO EXHIBIT "B" PR 17843 DEMOLITION CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND LARK GROUP OF WARREN, TEXAS THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this day of, September, 2013 by and between the City of Port Arthur, hereinafter called the "CITY ", and Lark Group of Warren, Texas, hereinafter called the "CONTRACTOR ", in consideration of the mutual agreements contained herein and for a total sum of ($16,700) we do hereby agree to all terms, conditions and specifications contained herein and attached hereto; and we do hereby declare VALID this AGREEMENT and CONTRACT: WITNESSETH: SECTION I THE CONTRACTOR SHALL: A. Furnish all labor, materials, tools, machinery, qualified supervision and all other items and services necessary for satisfactory completion of specifications and agreements contained herein for demolition of structures and cleanup at the four (4) residential properties described in the attached bid sheets. B. The work will be completed eight (12) working days after the start date on the "Notice to Proceed ". It is further understood that if the contract is not completed by the foregoing completion date, or the said date as extended pursuant to provisions of this contract, the CONTRACTOR shall be assessed liquidated damages of One Hundred Fifty Dollars ($150) per day for each day the contract is not completed after said date. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of one thousand dollars ($1,000). If you opt not to set up an escrow account, you must pay as you dispose by cash or cashier's check. C. Perform all work in accordance with the terms of this AGREEMENT and the DEMOLITION SPECIFICATIONS attached hereto. D. Be responsible for obtaining all necessary and general and special permits and pay any and all fees for said permits and any other fees, public or private, which may be required by the United States, the State of Texas, Jefferson County, or the City of Port Arthur, to satisfactorily complete the work as specified and agreed to herein. PR 17843 E. Furnish certificates of insurance to the City's Purchasing Agent evidencing that the CONTRACTOR has obtained Workman's Compensation, General Liability and Automobile Liability Insurance, which is required by the CITY for performance of the work specified here. Minimum amounts of such insurance to be obtained by the CONTRACTOR are as follows: 1. Statutory Texas Workman's Compensation Insurance (with waiver of subrogation in favor of the City, its officers, employees and agents. 2. Commercial General Liability occurrence type insurance (products/ completed operations coverage must be included and the City and its officers, employees, and agents must be named as an additional insured): a. General Aggregate $500,000 b. Products - Comp /Ops Aggregate $500,000 c. Personal & Advertising Injury $500,000 d. Each Occurrence $500,000 e. Fire Damage $ 50,000 3. Commercial Automobile Liability (including owned, non - owned, and hired vehicles coverage). a. Bodily Injury (per person) $300,000 b. Bodily Injury (per accident) $500,000 c. Property Damage $100,000 F. Furnish to the Purchasing Agent, City of Port Arthur, prior to commencing work, certificates of insurance meeting the above listed insurance requirements for any sub- contractors, haulers, or independent workmen used by the CONTRACTOR in performance of the work specified herein. G. Ensure that competent and qualified supervision is present on the job site at all times while work is in progress and that all demolition work is pursued in such a manner as to maximize the safety of all workmen, the general public and surrounding property. H. Comply with the Civil Rights Act of 1964 and Section 109 of the Housing and Community Development Act of 1974, to wit: No person in the United States shall, on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or part with funds made available under this title. PR 17843 SECTION II. THE CITY SHALL: A. Inspect the demolition work in progress to ensure that such work is being carried out in accordance with the terms of this AGREEMENT and the DEMOLITION SPECIFICATIONS attached hereto. B. Compensate the CONTRACTOR according to the following method: Except as hereinafter provided, payment for the Demolition Contract will be made in a lump sum after completion and acceptance of the contract work. SECTION III General Conditions: A. If performance by the CONTRACTOR is prevented or delayed as a direct result of acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God, such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one (1) working day of additional time will be allowed to the CONTRACTOR for each working day lost from such cause, provided the CONTRACTOR, within three (3) days after the beginning of such delay, gives written notice to the City. B. If for any reason, other than those specified above, the CONTRACTOR at any time fails for a period of four (4) consecutive working days to supply enough skilled workers or otherwise neglects to execute the work properly, the CITY, after these four (4) working days may give written notice to the CONTRACTOR terminating his contract. C. The CONTRACTOR shall repair or replace, if necessary, to the Homeowner's and the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas that may have suffered damage as a result of the CONTRACTOR'S or any of the subcontractor's operations. The CONTRACTOR shall leave these areas in a satisfactory and workmanlike condition, at least equal to that existing before the CONTRACTOR hereunder started his work. D. The CONTRACTOR agrees to indemnify and hold harmless the HOMEOWNER and the City of Port Arthur, Texas from any and all claims and damages of any and every kind for injury to or death of any person, and damages to property arising out of the demolition. E. Any amendments to this contract shall be written and must be executed by both, the CITY, the HOMEOWNER and the CONTRACTOR prior to the implementation of any such change. F. This CONTRACT and AGREEMENT embodies and represents all of the rights, duties and obligations of the CITY, the HOMEOWNER and the CONTRACTOR and any oral or PR 17843 written agreements prior to the date first above written, not included or embodied herein shall be declared void and not be binding or of benefit to any of the parties herein mentioned. SECTION IV Particular Requirements: A. Other particular work requirements are contained in the DEMOLITION SPECIFICATIONS, which are attached hereto and made a part hereof. B. ALL DEMOLITION BIDS SHALL INCLUDE REMOVAL OF CONCRETE SLABS, PORCHES, STEPS, SIDEWALKS, DRIVEWAYS, FENCES, ETC., UNLESS OTHERWISE NOTED. SIGNED AND AGREED TO this day of , AD, 2013. LARK GROUP OF WARREN, TEXAS ALLAN MURPHY, PRESIDENT WITNESS: Print Name: SIGNED AND AGREED TO this day of SEPTEMBER, AD 2013. CITY OF PORT ARTHUR, OWNER FLOYD T. JOHNSON, CITY MANAGER ATTEST: City Secretary PR 17843 COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS Specifications for Demolition and Site Clearance of Four (4) Housing Units HOME Reconstruction Program DEMOLITION AND SITE CLEARANCE The directions for "left/ east" side and "right/west" side are determined by facing the house. GENERAL INFORMATION 1. Contractor must pull all required permits. However, they will be at no cost. 2. Contractor is responsible for the accuracy of the measurements given. 3. All four houses will be awarded to one contractor. 4. The structures BELOW that have transite siding (residential grade material) which is NON - REGULATED by the State of Texas, but the City of Port Arthur Landfill DOES NOT accept the material at this time. You must dispose of it at some other facility; PLEASE FIGURE THIS INTO YOUR QUOTE. 5. Before any building or structure is demolished, its utilities shall be safely disconnected. The Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have them disconnect the services and remove all meters and equipment belonging to them. Forty -eight (48) hours written notice must be given the City for termination of their utilities. All piping and wiring shall be properly terminated. Any costs incurred in the termination of utilities and services shall be borne by the Contractor. 6. All sewer lines exposed through demolition work must be cut off within two (2) inches of the surface to the ground or concrete slab and must be plugged with concrete in such a manner as to prevent ground water incursion into the City's sanitary sewer system. 7. Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. 8. Liquidated damages will be $150.00 per day DEMOLITION SPECIFICATIONS 1. 3044 11` Street (With Transite) a) Demolish two story house b) Remove large tree left/eastside front and remove and clean underbrush c) Trim large pine tree overhanging from neighbors property on front west/ right side of property Page 2 of 4 d) Remove all trees an nderbrush in front of house e)' Remove all shrubs trees and underbrush on left /eastside next to house f) Level and clear lot from the alley to the street g) Remove "All" debris from property (trees, T clothes lines, concrete steps, loose cement, tires, brick and etc.) "PROPERTY MUST BE INSPECTED BY HOUSING BEFORE THE DIRT IS SPREAD" h) Property will need at least four (4) loads of 60/40 dirt back filled and spread 2. 500 E. 13 Street (With Transite) a) Demolish/Remove House, breezeway, all porches /steps, attached double garage b) Remove all fences & fence posts around perimeter of property which includes all wire and concrete c) Remove all concrete, cement, wood, glass, and all galvanize pipes on left /east side & right /west side of house d) Remove, trash, debris, shrubs, blue tarps, bathtub, wood, garbage cans and all trees along east side of house from the alley to the street e) Demolish and remove Garage slab & wash room slab and two T clothes lines and all concrete /cement and metal poles f) Remove two large pine trees on right/westside of house (Austin Avenue side) g) Remove approximately 24' x 3' concrete sidewalk (all concrete) h) Remove /replace 20' x 25' for driveway #1 on right /Westside of property i) Remove 23' x 50' driveway #2 behind house. k) Level property from the alley to street (except to the west side of back yard a garden area clump of trees and bricks) k) Remove "All" debris from property (trees, concrete steps, loose cement, tires etc.) "PROPERTY MUST BE INSPECTED BY HOUSING BEFORE THE DIRT IS SPREAD" 1) Property will need at least four (4) loads of 60/40 dirt back filled and spread 3. 630 l lth Street (No Transite) a) Demolish House b) Remove 50' x 4' concrete sidewalk in front of home c) Remove and replace 7' of culvert d) Remove 13'x 35' concrete driveway e) Remove two (2) flower beds (colored stone) approx 4' x 10' f) Remove 9' x 4' Sidewalk to house g) Remove all concrete steps h) Remove concrete archway approximately 27' x 11' and (remove tree on west side ask homeowner) i) Remove porch on west /right side of house and all cement and metal pipes (Everything cleared) j) Cutback and trim trees on the left /eastside front side of house(on property line)overhangs property k) Remove two metal clothes line poles on the right rear side of the house and slab about 18' x 18' 1) Remove cement bird bath to the right/Westside of backyard m) Remove approximately 67' x 3' of brick walkway from back of house to cactus garden on the rear of property line n) Remove cactus garden and underbrush at the back of fence o) Remove all cement under carport and to the edge of city sidewalk p) Remove concrete steps on the rear of house, metal poles on the left /eastside of house Page 3 of 4 q) Level the entire pry . from the alley to the city sidewalk ' remove the city sidewalk and replace r) Remove "All" debris from property (trees, concrete steps, loose cement, tires, buckets, all debris etc.) "PROPERTY MUST BE INSPECTED BY HOUSING BEFORE THE DIRT IS SPREAD" s) Property will need at least four (4) loads of 60/40 dirt back filled and spread 4. 3101 Grand Avenue (With Transite) a) Demolish House b) Remove Approx 39' x 4' concrete sidewalk in front of home c) Remove and replace 7' of culvert d) Remove 148' x 13' concrete driveway e) Remove 3' x 3' concrete slab next to house on right side f) Remove 16' of 12" x 12" blocks from driveway to back steps g) Remove all concrete steps h) Remove Mimosa tree and trunk on back left hand side of house i) Remove all trees and bushes on the left hand side of house j) Remove cement bird bath to the right/Westside of backyard k) Remove concrete steps on the rear of house 1) Level the entire property from the alley to the city sidewalk and remove the city sidewalk and replace. m) Remove "All" debris from property (trees, concrete steps, loose cement, tires, buckets, all debris etc.) "PROPERTY MUST BE INSPECTED BY HOUSING BEFORE THE DIRT IS SPREAD" n) Property will need at least four (4) loads of 60/40 dirt back filled and spread SIDEWALK & DRIVEWAYS — Contractor is required to preserve existing sidewalks and driveways from damages caused by heavy equipment, as applicable; damages inflicted to existing sidewalks or driveways by heavy equipment will be replaced and /or repaired at the expense of the general contractor or subcontractor. Page 4 of 4 �tt�v c1E :r lN® t Ar 7E-3Lozwvw.gsiimi ] i L 41•� - �-th � rt III' Q r1t _...31 17 Tr 'jt / (5 . CD IE 5' —sr -gym. IF' : q3-® St* — S3 3 - IL MC) Quote for Demolition of Four Structures Please return quote by 3:00 p.m. on Tuesday, August 27, 2013 at 10 :00 a.m. to Beverly Freeman at the Housing Division office. Contractors can fax, or deliver quote in person. Mandatory meeting is scheduled for Friday, August 23, 2013, at 10:00 a.m at The Housing Division Office. Location Contain Transite Number of Days to Cost Complete 3044 11 Street Yes $ '90?) c � 500 E. 13 Street Yes � $ 1 { C7 630 11th Street No F $ %' b o r , j, � G 3101 Grand Avenue Yes 3 $ [ �0 0 e8 eic (v COMPANY NAME STREET ADDRESS deg 7 ; I / 7 / SIGNATURE OF BIDDE ' P.O. BOX h / �l j `y 4- /e1t es-✓ TX 2e., PRINT OR TYPE NAME CITY STATE ZIP / 7z,es, Vd TITLE AREA CODE TELEPHONE NO L4 /< &f 7 e 4)1A-( EMAIL FAX NO. Page 1 of 4 1