HomeMy WebLinkAboutPR 18432: LARK GROUP, INC. CONTRACT INTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
To: John A. Comeaux, P. E., Interim City Manager
From: Beverly Freeman, Acting Director of Housing and Neighborhood Revitalization
Date: July 15, 2014
Re: P.R. #18432
RECOMMENDATION:
The Housing Division recommends that City Council adopt Proposed Resolution #18432 authorizing
the City Manager to execute a contract between Lark Group Inc., Warren, Texas, and the City for the
demolition and site clearance of one (1) property in the amount of $4,900.
BACKGROUND:
The Department of Housing and Urban Development awards annual Community Development Block
Grant and HOME funds to the City for the primary benefit of low and moderate-income persons and
families. The City is obligated to provide owner-occupied rehabilitation assistance to homeowners
who are at 80% of the Median Family Area Income and below with unmet housing needs, to
eliminate safety and health hazards, and preserve and improve the community's housing stock.
The Housing Division received one (1) quote on July 10, 2014, as follows:
Name Address Amount Length of Time
Lark Group Inc. Warren, TX $4,900 2 days
C & C Demolition No Bid
Coastal Demolition No Bid
Dez Tex No Bid
Velez Construction No Bid
U. B. Construction No Bid
BUDGETARY/FISCAL EFFECT:
HOME Account #105-1431-552.59-00 C36115 will be used to provide funding for this project.
STAFFING/EMPLOYEE EFFECT:
Housing Administration staff will be responsible for administering contract.
SUMMARY:
The Housing Division recommends that City Council adopt Proposed Resolution #18432 authorizing
the City Manager to execute a contract between Lark Group Inc., Warren, Texas and the City for the
demolition and site clearance of one (1) property not exceed $4,900 which was the only quote
received.
PR 18432
P. R. 18432
07/15/14 BF/KR
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF PORT ARTHUR AND LARK GROUP
INC. OF WARREN, TEXAS, FOR THE DEMOLITION
AND SITE PREPARATION OF ONE (1) PROPERTY
IN THE AMOUNT $4,900.00; FUNDS AVAILABLE IN
ACCOUNT NO. 105-1431-552.59-00 C36115
WHEREAS, the U.S. Department of Housing and Urban Development awards annual
Community Development Block Grant and HOME Program funds to the City for the primary
benefit of low and moderate income persons and families; and
WHEREAS, pursuant to Resolution No. 08-370, the City adopted the Housing
Assistance Rehabilitation and Reconstruction Program Guidelines; and
WHEREAS, one (1) dilapidated home was identified as needing to be demolished and
reconstructed; and
WHEREAS, the Housing Division received one (1) quote on Thursday, July 10, 2014,
bid tab attached as Exhibit "A"; and
WHEREAS, the only quote received in the amount of $4,900.00 was from Lark Group
Inc. of Warren, Texas; and
WHEREAS, it is deemed in the best interest of the citizens to authorize the City
Manager to execute a contract between Lark Group, Inc. and the City of Port Arthur for the
demolition and site preparation of one (1) home located at 3308 12th Street.
PR 18432
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 of the City of Port Arthur hereby awards the contract
for the demolition and site preparation of one (1) home to Lark Group, Inc. of Warren,
Texas, in substantially the same form as attached hereto as Exhibit "B".
Section 3. 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 July, A.D., 2014 at a regular
meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
MAYOR
PR 18432
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VAL TIZENO, ITY ATTORNEY
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER
BEVERLY FREEMAN, ACTING DIRECTOR OF
HOUSING & NEIGHBORHOOD REVITALIZATON
APPROVED AS TO THE AVAILABILITY OF FUNDS:
Jki
Atitat457-i6fix-dir7--
DEBORAH ECHOLS, DIRECTOR OF FINANCE
$4c c
SHAWNA TUBBS, PURCHASING MANAGER
PR 18432
EXHIBIT "A"
PR 18432
Q\''
City of ` CITY OF PORT ARTHUR TEXAS
`���� Bid Tabulation
o r t rthu _
Texas Demolition and Site Clearance of 1 Residential Property
For the Housing Department
Bid Opening Date: Thursday,July 10,2014
C & C Coastal Dez Tex Velez U.B.
Lark Group Inc. Demolition Demolition Construction Construction
Days to Days to Days to Days to Days to Days to
Item# Address Complete Cost Complete Cost Complete Cost Complete Cost Complete Cost Complete Cost
1 3308 12th Street 2 $4,900.00 No bid N/A No bid N/A No bid N/A No bid N/A No bid N/A
Location Warren,TX Orange,TX Beaumont,TX Port Arthur,TX Houston,TX Port Arthur,TX
EXHIBIT "B"
PR 18432
DEMOLITION CONTRACT BETWEEN
THE CITY OF PORT ARTHUR AND LARK GROUP INC. OF
WARREN, TEXAS
THE STATE OF TEXAS
COUNTY OF JEFFERSON
THIS AGREEMENT is made and entered into this day of 2014 by and
between the City of Port Arthur, hereinafter called the "CITY", and Lark Group , Inc. of
Warren, Texas, hereinafter called the "CONTRACTOR", in consideration of the mutual
agreements contained herein and for a total sum of($4,900) 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 one (1) residential
property as described in the attached bid sheets.
B. The work will be completed two (2) 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.
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
PR 18432
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.
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.
PR 18432
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 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.
PR 18432
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,2014.
LARK GROUP, INC., CONTRACTOR
ALLAN R. MURPHY, PRESIDENT
WITNESS:
Print Name:
SIGNED AND AGREED TO this day of_ , AD 2014.
CITY OF PORT ARTHUR,OWNER
JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER
ATTEST:
City Secretary
PR 18432
G>
'110 CITY OF PORT ARTHUR
HOUSING &NEIGHBORHOOD REVITALIZATION DIVISION
DEMOLITION OF 3308 12th STREET
QUOTE SHEET
(Specifications are attached)
I)ate of Request: Tuesday,July 8,2014
iuote Due Date & Time: Thursday,July 10, 2014 by 1:00 P.M.
ax Quote to 409-983-8120 or return to Housing Division office by 1:00 P.M.
iuestions, Please contact: Beverly A.Freeman, Kimberly Redmon or Terry Hamilton at(409)983-8259
ADDRESS SPECIFICATION DAYS TO
COMPLETE COST
1.Demolish/Remove House,breezeway,all porches/steps,
concrete slab and single garage in the back of the home
2.Remove"ALL"trees and underbrush except for the four(4)
large trees that have an Orange"X"spray painted on them.
3.Level and clear lot from the alley to the street
4.Remove"All"debris from property(trees,T clothes lines,
concrete steps,loose cement,tires,brick and etc.)
5."PROPERTY MUST BE INSPECTED BY HOUSING
330$I2`t' Street BEFORE THE DIRT IS SPREAD"
6.Property will need at least four(4)loads of 60/40 dirt back
filled and s•read �,J
.3 3o '12 Street 1,Demolish/Remove detached garage $ 3 / ��
G _ _e) home,concrete slab and all debris m the back of the
TOTAL $ e/ i b -..
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Page 1 of 10
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SPECIFICATIONS FOR
DEMOLITION OF ONE RESIDENTIAL PROPERTY
I. TITLE
The provisions embraced within these sections and subsections shall constitute; be known as; and will be referred to
herein and in any relevant AGREEMENT and CONTRACT as "DEMOLITION SPECIFICATIONS".
II. SCOPE
The scope and purpose of these specifications is to establish certain regulations, general requirements, and particular
requirements necessary for the demolition, removal and cleanup of the unsafe and/or unsanitary structure(s) as
required by the Code Enforcement Department of the City of Port Arthur.
III. CONTRACTOR BIDS
Contracts for the demolition of structures will be awarded in accordance with the terms and conditions. The
completion of the demolition package will be of vital importance to the City. The number of calendar days given on
the proposal form will be used to establish the completion date as used in the Contract. In case the work is not
completed within the time specified in the Contract, there shall be liquidated damages of twenty-five dollars ($25) per
day for each day exceeding the completion date.
IV. PERMITS
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other governmental entities, at his
own expense, all necessary general and special permits and pay any and all fees for said permits and any other fees,
public or private.
All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of five
hundred dollars ($500). If you opt not to set up an escrow account, you must pay cash or by cashier's check as
you dispose.
V. GENERAL CONDITIONS AND REQUIREMENTS
The following list of conditions and requirements are to be understood as being a general guide in the demolition of
structures. It must be noted, however, that there are special requirements listed below in Section VII of these
specifications, which are in addition to these general requirements for demolition, and that it is the responsibility of
the Contractor/Successful Bidder to comply with all particular requirements.
A. It is understood and agreed that the Contractor/Successful Bidder will function and operate as an independent
contractor. Any liability incurred by the Contractor/Successful Bidder will accrue only to that party as an
independent contractor and not to the City of Port Arthur.
B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the Contractor/Successful
Bidder without prior, written approval of the Code Enforcement Department. No subcontractor will be
approved unless that subcontractor meets the same insurance requirements specified for and required of the
Contractor.
C. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the
roof and working down, with the safety and welfare of all people and property being of the highest priority.
D. All materials, debris, and rubble from the demolition of the structure(s) specified herein will become the
property of the Contractor/Successful Bidder. Salvage can only begin immediately prior to the beginning of
demolition.
E. The Contractor/Successful Bidder will be held responsible for repair of broken or damaged water, gas, or any
other type of lines, which occur during the course of the demolition work. The Contractor shall repair or
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replace, if necessary, to 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
condition.
F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials; and no debris or
rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material
will be placed on a sidewalk or public right-of-way so that it poses a danger to any person.
G. All demolition work must be carried out to the satisfaction of the City's Inspections Official.
H. The City (without prejudice to any other right or remedy it may have) has the right to terminate the contract in
the event of any default by the Contractor after giving the Contractor fifteen (15) days written notice. Such
notice of termination shall be subsequent to default by the Contractor and after receiving written notice from
the City certifying cause for such action. In addition to other events of default or grounds for termination
identified in the contract, it shall be considered default by the Contractor whenever he/she shall:
1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of his/her creditors.
2. Violate or disregard provisions of the Contract or instruction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion, including amendments
and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials,
or failure to make prompt payment therefore.
I. If the Contract is terminated as provided above or as provided in the Contract, the City will engage another
contractor to complete the work. Payment for the completion of such work will come from funds obligated by
the City under its contract with the original Contractor.
J. METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
K. PAYMENT WITHHELD
Any part or the whole of any payment may be withheld by the City to the extent deemed necessary and
reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. Reasonable evidence indicating the probability of filing claims against the Contractor.
4. Failure of the Contractor to make proper payments to subcontractors or for materials or for labor.
5. The contract cannot be completed for the then unpaid balance.
6. Unsatisfactory progress of the work by the Contractor.
When the above grounds are removed, the amount withheld because of them shall be paid to the Contractor
subject to and within the other terms of this contract.
L. CONTRACT PAYMENT RETAINAGE
Contract payment retainage shall be as provided in the Contract.
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