10 - Amendment No. 1 to professional services agreement with Jason Hart Engineering to include asbestos survey - Belford Building Demolition ProjectItem No. 10
TO: Mayor, Mayor Pro Tern & City Council
FROM: Grayson Path, City Manager
SUBJECT: Belford Building Demolition Project
Amendment — Asbestos-related work
BACKGROUND:
The Belford Building, located at 135 SE 1 " Street, is in a state of dilapidation with portions having
collapsed, and needs to be demolished. It has therefore been deemed a public safety hazard. The
City of Paris has an existing and valid demolition order, from the Buildings and Standards
Commission, against the Belford Building, All appeals of this order have been exhausted. In
addition, the 6 th District Court has applied a Judgement Lien for Civil Penalties, which are
continuing to accrue. Through communications with the owner, there are no known plans by the
owner to act on this issue.
On September 26, 2022, the City Council approved a Professional Service Agreement with Jason
Hart Engineering, PLLC, to design the demolition of the Belford Building. This is then to be
followed by procurement of a contractor to perform the work. Design has begun.
STATUS OF ISSUE:
Mr. Hart has determined that the 2003 Asbestos Report on the Belford is insufficient under current
Texas Department of State Health Services (TDSHS) regulations for asbestos abatement and
removal during demolition and therefore recommends that the City commission a current,
demolition project -specific survey and report. In addition, a NESHAP-trained individual will need
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closer to procurement of a contractor. Given the unstable condition of the Belford building, all
protocols for handling asbestos materials must be followed throughout the project. Again, this
begins by having a valid survey and report completed and incorporated in to the design.
Mr. Hart has researched and recommended ERI Consulting in Tyler, TX as a qualified firm to
perform the asbestos work needed for our project. He has received a proposal from them to share
with us for review and approval. We therefore have an amendment to our Professional Services
agreement prepared for you tonight to review and approve, commissioning ERI Consulting to
perform the necessary asbestos survey and report of the Belford Building.
In addition, the City has been in discussions with Harrison, Walker and Harper (HWH) who owns
the small building connected to the Belford on the northern wall. While demolition of the Belford
building while maintaining and protecting this smaller building is possible, demolition of the
Belford is more feasible and efficient while demolishing this smaller building at the same time.
HWH has indicated that they would like to see their building demolished as part of our process
and has agreed to cover the costs associated with design and demolition of their building. The
City does not have any orders on this building, therefore we cannot use public funds in the removal
of it. To this point, the City Attorney and HWH Attorney are working together to draft an
agreement that we hope to bring back to you at the next Council meeting which will work to
address two more amendments to Mr. Hart's agreement, both related to the HWH building.
BUDGET:
Amendment 41 for the ERI Consulting asbestos survey and report is set at $1,850.00. A future
amendment for onsite work will be negotiated later, either with ERI Consulting or another firm.
The City is using ARPA funds to fund the Belford Building demolition.
OPTIONS:
1. Approve Amendment #1 for the Belford Building asbestos survey and report and authorize
the City Manager to sign.
2. Request additional information, edits, and/or reject the amendment.
RECOMMENDATION:
1. Approve Amendment #1 for the Belford Building asbestos survey and report and authorize
the City Manager to sign.
PROPOSED AMENDMENT 1
ASBESTOS INSPECTION
OF BELFORD BUILDING
EXHIBIT C - AMENDMENT TO OWNER -ENGINEER AGREEMENT PAGE 2
ATTACHMENT 1 - ASBESTOS INSPECTION AT BELFORD BUILDING PAGE 4
INFORMATION SENT BY JHE TO ERI PAGE 5
PROPOSAL BY ERI PAGE 7
EXHIBIT C—AMENDMENT TO OWNER -ENGINEER AGREEMENT
AMENDMENT TO OWNER -ENGINEER AGREEMENT
Amendment No. 1
Client: City of Paris
Engineer: Jason Hart Engineering PLLC
Project: Belford Building Demolition
Effective Date of Owner -Engineer Agreement: September 27, 2022
Nature of Amendment: (Check those that apply)
® Additional Services to be performed by Engineer
❑ Modifications to services of Engineer
❑ Modifications to responsibilities of Owner
❑ Modifications of payment to Engineer
❑ Modifications to time(s) for rendering services
❑ Modifications to other terms and conditions of the Agreement
Description of Modifications:
Task Al. Asbestos inspection and materials testing at Belford Building (performed by ERI Consulting,
Inc., Tyler, Texas). Refer to accompanying proposal #AI1205.
- Deliverable: report prepared by ERI Consulting, Inc.
- Cost: $1,850.00
Agreement Summary: Amendment 1–Asbestos inspection of Belford Building
Original agreement amount: $46,960.00
Net change for prior amendments: $ -
This amendment amount: S1.850.00
Adjusted Agreement amount: $48,810.00
Change in time for services (days or date, as applicable):
Exhibit C—Amendment to Owner -Engineer Agreement.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 2
Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this
Amendment. The Effective Date of the Amendment is
Owner
Engineer
City of Paris
Jason Hart Engineering
(typed or printed name of organization)
(typed or printed name of organization)
By:
By:
(individual's signature)'
(individual's signature)
(Attach evidence of authority to sign.)
(Attach evidence of authority to sign.)
Date:
Date:
(date signed)
(date signed)
Name:
Name: Jason Hart, PE
..(..yp...-.............................. ....... ..._...........
(typed or printed)
printed)
(typed or rinted
Title:
Title: President
(typed or printed)
(typed or printed)
Exhibit C—Amendment to Owner -Engineer Agreement.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 2
ATTACHMENT 1
PROPOSAL FOR ASBESTOS INSPECTION
AT BELFORD BUILDING
INFORMATION SENT BY JHE TO ERI PAGE 5
PROPOSAL BY ERI PAGE 7
ERI Consulting, Inc.
Request for Quote for Asbestos Inspection
We request a proposal for the services of ERI Consulting, Inc. as outlined below.
Client Contact Name: Jason Hart, P. E.
Company: Jason Hart Engineering
Billing Address: 10404 Gooding Drive
City/State/Zip: Dallas, Texas 75229
Phone No.: 4693233028
Cell No.: 4693233028
Address of building to be inspected:
Fax No.:
Email address:jhart@j hartengineering.com
NW corner of Austin St. & Main St.
City/State/Zip: Paris, Texas 75460
Site contact person, if other than above: possibly City of Paris personnel
Phone No.:
Cell No.: TB D
Fax No.:
Email address: TBD
Age of Building: 107 years Approx. Building Size: 327000 s.f.
Immediate plans for the building: Renovation Demolition✓
Past use of Building: Apartments
Current use of Building: None
Future use of Building: None
Diagram - Please provide existing floor plan diagram, demolition diagram, Et photos, if available.
I am the consultant for the City for the demolition project. The building is 4 stories plus basement and is in poor condition.
Additional comments:
The purpose of this request is to make sure that TDSHS regulations are followed in the demolition project. See page 2 for photos.
Submitted by: Jason Hart
Date: 12/5/2022
Note: Upon receipt of the above information, ERI will provide a formal written proposal within one business day. Our
proposal will outline all costs associated with the asbestos inspection, and will include field work, report preparation,
sample analysis costs, and travel expenses (if necessary). Upon receiving your signed acceptance of our proposal, we
will schedule the inspection at your convenience. Fax the completed form to 903-534-8701, or email to
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ERI CONSULTING, INC.
Jason Hart Engineering
Mr. Jason Hart, P.E.
10404 Gooding Drive
Dallas, Texas 75229
Phone: 469-323-3028
R O. Box 2024, Tyler, Texas 75710
2026 Republic Drive, Suite A, Tyler, Texas 75701
Ph: (903) 534-5001 Fax: (903) 534-8701
TBPE Firm # F-1787
www.ericonsulting.com
December 6, 2022
RE: Proposal - Consulting/Laboratory Services - Pre -Demolition Asbestos Inspection, NW
Corner of Austin Street and Main Street, Paris, Texas 75460
Dear Mr. Hart:
We are pleased to submit this proposal for an asbestos inspection within the above referenced
building. Samples of suspected asbestos -containing materials will be collected and analyzed by
Polarized Light Microscopy (PLM) in our Texas Department of State Health Services (TDSHS)
licensed laboratory. The inspection will be performed by a licensed TDSHS inspector. All work will
be performed under the direction of a TDSHS licensed asbestos consultant.
All work will be billed at $1,850.00 and will include all travel, field work, sample analysis, report,
etc. We will supply an electronic copy of our report. A paper copy will be available upon request.
Please note: The inspection requires the collection of physical samples, so some, small/limited
damage to building materials will occur. Also note, inaccessible building products may not be
discoverable using normal and customary practices.
If you would like to retain our services, please sign the acceptance statement below and return to our
office. If you have questions concerning our proposal or if we can be of further service to you,
please contact us at 903-534-5001.
clp/kd
Sincerely,
Christopher L. Power, E.V.P.
TDSHS Asbestos Consultant #10-5566
, , .. ---
Jason Hart Engineering Al 1205.pro
ERI Consulting, Inc.
Mr. Hart
December 5, 2022
page 2 of 2
ACCEPTANCE STATEMENT:
RE. Proposal - Consulting/Laboratory Services - Pre Demolition Asbestos Inspection, NW
Corner of Austin Street and Main Street, Paris, Texas 75460
We wish to retain the services of ERI Consulting, Inc. as outlined in the proposal letter dated
December 5, 2022.
Signature
Printed Name/Title
Date
Payment terms are 15 days net + A finance charge of 1.5% per month
will be added to all accounts over 30 days
Jason Hart Engineering Al 1205.pro