Loading...
14 Council objective; Nuisance abatementCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originaring Department: 6/5/08 City Council Council Date: 6/9/08 Presented By: Lisa A. Wright, Director of Community Developmenf Agenda Item No.: 14. RECOMMENDED MOTI01\1: Not an action itea., POLICY ISSUE(S): Council objective; Nuisance abatement BACBGROUND: At its meeting on Monday, February 11, 2008, the City Council requested that staff prepare requests for proposals for the demolition of a building at Casa Bonita. On March 311 2008, specific requirements for inclusion in the bid documents were provided to the City by Brady Environmental to ensure that all Federal and State environmental laws were followed during the demolition of any buildings. The Director of Community Development has modified the demolition packet to include those requirements and has selected four (4) structures at the Casa Bonita complex which may be considered by the City Council for demolition after bids have been received. Advertisements for bids were placed in The Paris News on June 1 and 8, and bids will opened on July 8 and presented to the City Council on July 14. Attached hereto are prior reports provided to the City Council on the background of the Casa Bonita Apartments along with a copy of the specifications that are being provided to bidders. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Request for bids; copies of prior reports to Council ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense Unknown at this time Z Department Report P ❑ Resolution Budgeted Amt. $0.00 ❑ resentation ❑ P bli H i ❑ Ordinance . ❑ O h y'I'D Actual $1,020.00 u c ear ng t er Acct. Name House Demolition Acct. Number 01-0328-40-00 FISCAL NOTES: REVIEWED AND APPROVED BY: M Administration ❑ City Clerk ED Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 . OOUlOx! DEMOLITION AND DISPOSihL OF VARIOUS STRUCTURES AT 1`HE CASA BONITA APARTMENT COMPLEX CITY OF PARIS, TEXAS MAYOR JESSE JAMES FREELEN (DISTRICT 3) MAYOR PRO-TEM BILL STRATHERN (DISTRICT 7) CITY COUNCIL JOE MCCARTHY (DISTRICT 1) KEVIN KEAR (DISTRICT 2) STEVEN BROWN (DISTRICT 4) WILL BIARD (DISTRICT 5) EDWIN PICKLE (DISTRICT 6) CITY MANAGER KEVIN CARRUTH CITY ATTORNEY KENT MCILYAR DIRECTOR OF COMMUNITY DEVELOPMENT LISA A. WRIGHT Project Approved By: Kevin Carruth, City Manager Project Recommended By: Lisa A. Wright, Director of Community Development 0 000108 TABLE OF CONTENTVc- Advertisement for Biciz ~ Instructions to Bidders 2 Bid Bond 8 Bid Form 9 Statement of Bidder's Qualifiaations ......14 Agreement .....16 . Master Specifications 20 Notice of Award 27 Notice to Proceed 28 Change Order 29 Receipt for Payment and Release of Liens 30 . 2 . 000109 PUBLISH PARIS NEWS DATE: SUNDAY, JUNE 1, 2008 DATE:SUNDAY, JUNE 8, 2008 ADVERTISEMENT FOR BIDS PROJECT: DEMOLITION AND DISPOSAL OF VARIOUS STRUCTURES AT THE CASA BONITA APARTMENT COMPLEX 7Tx STREET N.W. AND HENDERSOIV OWNER: CITY OF PARIS, TEXAS Sealed bids for the demolition and disposal of various structures at the Casa Bonita Apartment Complex will be received by the City of Paris, Texas, at the office of the City Manager, City Hall, 135 lst Street S.E., P.O. Box 9037, Paris, Texas 75461-9037, until 2:00 pm on Tuesday, July 8, 2008, at which time all bids will be publicly opened, read aloud, tabulated, and referred to the City Council for the purpose of awarding a contract. Bid specifications can be obtained at the following place: COMMUNITY DEVELOPMENT DEPARTMENT City Hall Annex 150 1 st Street S.E. Paris, Texas 75460 CITY OF PARIS WEBSIT$ www.paristexas.gov The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and to award bids as may be advantageous to the City. Time of completion of the project and ability to comply with environmental requirements is a consideration in the awarding of this bid. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. All bids must be submitted on the bid form included in the Contract Documents. Bid Security in the form and amount as stated in Instructions to Bidders must be submitted with each bid. All bids, prices, and quantities contained therein shall remain open and good for 60 days following the Bid opening. City of Paris, Texas 1 000110 INSTRUCTIONS TO BIDDERS Defined Terms Terms used in these Instructions to Bidders which are defined in the Master Specifications of the Agreement have the meanings assigned to them in the Master Specifications. The term "Bidder" means the one who submits a Bid directly to CITY, as distinct from sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder who provided the best value (on the basis of CITY's evaluation as hereinafter provided) for the City. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2 Conies of Bidding Documents 2.1 A complete set of the Bidding Documents may be obtained from Director of Community Development. 2.2 A complete set of Bidding Documents must be used in preparing Bids; neither CITY nor Director of Community Development assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 CITY and Director of Community Development, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 4ualifications of Bidders To demonstrate qualifications to perform the Work, each Bidder must submit with its Bid written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 4 Examination of Contract Documents and Site 4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) inspect the site of the Casa Bonita Apartments and all buildings located thereon, (b) examine the Contract documents thoroughly, (c) consider Federal, State, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Director of Community Development of all conflicts, errors, or discrepancies in the Contract Documents. 2 w oUiJ1l.l 4.2 The Director of Community Development has designated for demolition various buildings in the Casa Bonita Apartment complex as indicated in the Bid Documents. Asbestos inspection records of one building indicate an asbestos content within floor, wall, ceiling, and roof components. In their current condition, all building materials are classified by the EPA NESHAP 40 CFR 61.141 as regulated asbestos-containing material (RACM). Therefore, all buildings designated by the Director of Community Development for demolition should be assumed to contain like materials and demolition of all structures should be performed in the same manner and in accordance with the same state and federal regulations. 4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of demolition as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Director of Community Development. Interpretations or clarifications considered necessary by Director of Community Development in response to such questions will be issued by Addenda mailed or delivered to a11 parties recorded by Director of Community Development as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by CITY or Director of Community Development. 6 Contract Time 6.1 After award and upon receipt by CITY of all signed contracts, bonds, certificates of insurance, and other documents associated with this project, Director of Community Development will issue a Notice to Proceed. Nothing in these bid documents shall require CITY to expend more than that amount approved by the City Council of the City of Paris. 6.2 All work associated with this project must be completed within six (6) months from the date of contract execution. If the bid is awarded for fewer than all four buildings designated by the Director of Community Development, all work must be completed within ninety (90) days per building. . 000112 7 Liquidated Damalzes Provisions for liquidated damages, if any, are set forth in the Agreement. 8 Subcontractors Supnliers and Others No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom CITY has a reasonable objection. 9 Bid Form 9.1 The Bid Form is included with the Bidding Documents; and additional copies may be obtained from Director of Community Development. 9.2 All blanks on the Bid Form must be completed in ink, either by typewriter or clearly legible handwriting. 9.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.4 Bids by partnerships must be executed in the partnership name and signed by the general partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 9.5 All names must be typed or printed below the signature. 9.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 9.7 The address and telephone number for communications regarding the Bid must be shown. 10 Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement or Invita.tion to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title shown on the front page of this bid packet. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 4 0 000113 11 Modification and Withdrawal of Bids 11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 11.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 12 Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 13 Bids to Remain Subiect to Acce tance All bids and any prices and quantities contained in the bid will remain good and subject to acceptance for sixty (60) days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid prior to that date. 14 Award of Contract 14.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconfornung, nonresponsive, unbalanced, or conditional Bids. Also, CITY reserves the right to reject the Bid of any Bidder if CITY believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial abiliTy or fails to meet any other pertinent standard or criteria established by CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.2 In evaluating Bids, CITY will consider the qualifications of the Bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 14.3 CITY may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other person and organizations must be submitted as provided in the Supplementary Conditions. CITY also may consider the . 000114 operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 14.4 CITY may conduct such investigation as CITY deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time. 14.5 If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose Bid provides the best value to CITY and whose evaluation by CITY indicates to CITY that the award will be in the best interest ofthe Project. 14.6 If the contract is to be awarded, CITY will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. 15 Contract Securitv When the Successful Bidder delivers the executed Agreement to CITY, it must be accompanied by the required performance and payment Bonds. Bidder may, in lieu of a Bond, submit cash or cashier's check in the amount of 5% of its Bid. 16 Signin o~f Agreement When CITY gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, Contractor sha11 sign and deliver the required number of counterparts of the Agreement and attached documents to CITY with the required Bonds and insurance certificates. Within ten (10) days thereafter, CITY shall deliver one (1) fully signed counterpart to Contractor. 17 Prebid Conference A prebid conference will not be held on this Project. 18 Sales and Use Taxes CITY is exempt from taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas to be incorporated in the Work (exemption No.75-6000635). Said taxes shall not be included in the Contract Price. 6 . 000115 19 Street Use Fee for Solid Waste Haulers Holders of permits issued under Sec. 16-34 of the Code of Ordinances of the City of Paris will be exempt from payment of the street use fee associated therewith for the hauling of waste associated with the demolition of the proposed structures. 20 Billing and Pa ment CONTRACTOR must bill CITY within thirty (30) days of completion of Work. Payment will thereafter be made to CONTRACTOR after verification of the completion of the Work to the satisfaction of the Director of Community Development. 7 . 000116 BID BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS; THAT 5 of , as Principal, and as Surety, are held and firmly bound unto THE CITY OF PARIS, TEXAS, as Obligee, in the full and just sum of _ Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for the demolition and disposal of various structures at the Casa Bonita Apartment Complex. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the Contract, the said Principal will, within the time required, enter into a formal Contract and give a good and sufficient Bond to secure the performance of the terms and conditions of the Contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the Bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered (date) (seal) (seal) SURETY Attorney-in-fact 8 . 000117 n -01 PROJECT IDENTIFICATION: Demolition and Disposal of Various Structures at the Casa Bonita Apartment Complex and Disposat of Debris l. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with CITY in the form included in the Contact Documents to perform and furnish all Work as specified or indicated in the Contract Documents and Master Specifications for the Contract Price and within the Contact Time indicated in this Bid and in accordance with other terms and conditions in the Contract Documents. 2. BIDDER accepts all terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidder. This Bid and the prices and quantities contained in the Bid will be good and remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of CITY's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of which is hereby acknowledged: Number Date (b) BIDDER has inspected the Casa Bonita Apartments site and all structures located thereon and has familiarized itself with the nature and extent of the Contract Documents, Work, and all Federal, Stated, and local laws, regulations, and procedures that in any manner may afFect cost, progress, performance, or furnishing of the Work. (c) BIDDER has given CITY written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to BIDDER. (d) This Bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to 9 r 000118 submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over CITY. 4. BIDDER will complete the Work for the following price: Description of work: Demolition and disposal of various structures at the Casa Bonita Apartment Complex. Bidders should carefully review the Master Specifications included in the Contract Documents to ensure the Bid includes all potential aspects of property removal and disposal. Total Price for Building 1 if demolished alone $ Total Price for Building 2 if demolished alone $ Total Price for Building 3 if demolished alone $ Total Price for Building 4 if demolished alone $ Total Price for the following combinations: Buildings 1 and 2 only $ Buildings l, 2, and 3 only $ All Buildings $ Additional instructions: The required method of demolition includes wetting of the debris. The City of Paris will allow the successful Bidder to connect to fire hydrants at the site to obtain water for this purpose; however, Bidders should provide the cost of labor and equipment for connecting to water sources and wetting the debris during demolition. The City reserves the right to perform this service. Additional Price for Building 1 if demolished alone $ Additional Price for Building 2 if demolished alone $ Additional Price for Building 3 if demolished alone $ Additional Price for Building 4 if demolished alone $ 10 . 000119 Additional Price for the following combinations: Buildings 1 and 2 oniv Buildings L 2, and 3 oni-, All Buildina. NOTE: Alternative methods of bidding are recommended and will allow the CITY to determine all possible combinations of demolition. Please attach alternative proposals on company letterhead, explaining the bidding methodology in detail. Alternatives could include different grouping of structures than as requested above, addition of structures within the Casa Bonita Apartment complex which are not specifically listed herein, or alternative demolition methods, so long as such methods are in compliance will a11 application local, state, and federal regulations governing the demolition of structures containing regulated asbestos-containing materials (RACM). Number of buildings to be demolished is not guaranteed 5. BIDDER agrees that the Work will be substantially complete within six (6) months after the date when the Contract Time commences to run. If the Bid is awarded for fewer than the four buildings designated by the Director of Community Development, all work must be substantially complete within ninety (90) days per building. 6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. The following documents are attached to and made a condition of this BID: (a) Performance and Payment Bonds are required (or cashier's check for 5% of Bid). (b) Statement of Bidder's Qualifications. 8. CONTRACTOR must submit certificates of insurance and workmen compensation insurance in accordance with State and local law. SUBMITTED ON , 2008. If BIDDER is: An Individual By doing business as (Individual's Name) 11 . 000120 Business address: Phone Numbe:-; A Partnersniz- By Business address: Phone Number: A Corporation By By (Corporate Seal) Attest Business address: Phone Number: (Corporation Name) (State of Incorporation) (Authorized Official) 12 (Firm Name) (General Partner) (Title) (Secretary) . 000121 A Joint Venture (Name) (Address) B. (Name) B. (Name) (Narne) By (Name) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) 13 . 00012? STATEMENT OF BIDDER'S QUALIFICATIONE (To be submitted by the BIDDER ONLY at the time of its Bid' To allow the CITY to determine the lowest responsible BIDDER, the following information shall be provided. Attach separate sheets as needed. Name of BIDDEF , 2. Type of organization, i.e., corporation, sole proprietor, partnership, etc. 3. Permanent main office address. 4• When organized. If a corporation, where incorporated. 6. State how many years you have been engaged in the contracting business under your present firm or trade name, and give all other names under which your organization has operated in the last 10 years. 7. State the name of all corporate officers, or partners, or the owners, as appropriate. 8. State the company tax identification number, or, if a sole proprietor, the proprietor's social security number. 9. Contracts on hand: (Attach a schedule of these, showing amount of each contract and the appropriate dates and current percent of completion). Provide name, address, and telephone number of the project owner and the engineer. 10. General character of work performed by your company. 11. Have you ever failed to complete any work awarded to you? If so, provide information about where and why. 12. Have you ever defaulted on a contract? If so, provide information about where and why. 13. List your important projects recently completed by your company and for whom, stating the approximate cost for each and the month and year completed. Provide name, address, and telephone number of the project owner and engineer. 14. List your major equipment available for this contract, including the make, model, year, and type of equipment along with its current condition. 15. Experience in demolition work similar in importance and manner to this project. 14 w 000123 16. Background and experience of the principal members of your organization, including the officers and the proposed Project Superintendent. 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the CITY in verifications of the recitals comprising the Statement of Bidder's Qualifications. Dated a': , this day of , 2008. Name of Bidder By: Title: STATE OF COUNTY OF , is of being duly sworn, deposes and says that he , and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 2008. Notary Public My commission expires: 15 a 000124 AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule municipal corporation, hereinafter called "CITY," and with main offices located at hereinafter called "CONTR.ACTOR", effective as of I.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services (the "Work") in accordance with this Agreement, the Master Specifications for Demolition and Disposal of Dilapidated Structures attached hereto and incorporated herein as Exhibit A, and CONTR.ACTOR's Bid attached hereto and incorporated herein as Exhibit B(hereinafter collectively referred to as the "Bid Documents"). 1.02 CONTRACTOR shall complete Wark assigned under this Agreement by no later than fJ. Additional time to complete the Work will be allowed by the CITY only in the instance of weather delays which make performance impractical, as determined exclusively by and approved by the CITY. Weather delays will be considered by the CITY only if requested immediately by the CONTRACTOR. 1.03 CONTRACTOR must submit invoices to CITY within thirty (30) days of completion of the Work. No additional charges will be permitted unless approved in advance in writing by CITY as a change order. No extra charges will be permitted for weather delays. CONTR.ACTOR will be paid within thirty (30) days of receipt of invoice by CITY for Work completed in conformance with this Agreement, the Bid Documents, and City Work Orders. Nothing herein shall require CITY to expend more funds than that amount approved by the City Council. 1.04 CONTRACTOR covenants and agrees that CONTRACTOR is an independent contractor and not an officer, agent, servant, or employee of CITY; that CONTRACTOR shall have exclusive control of and exclusive right to control the details of the Work performed hereunder and a11 persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. 1.05 CONTRACTOR shall be responsible for the safety of operations and sha11 provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings as needed. 16 . 000125 1.06 CITY shall not be liable to CONTRACTOR, CONTRACTOR's agents, servants, employees, patrons, custorners, visitors, guests, or invitees, nor any pedestrian or bystander for any damage or injury caused by the acts or negligence of CONTRACTOR, CONTRACTOR's officers, employees, agents, or servants, or resulting from the operation of any device or equipment located upon the contracted property, or any appurtenance thereof, nor for any damage or injury from any defect or want of repair of any structure or device on the contracted property. 1.07 CONTRACTOR agrees to defend, indemnify, save, and hold the CITY, its elected officials, officers, and employees harmless from any and all demands, debts, liabilities, suits, claims, and causes of action of every kind on account of injury or damage to any person or property, arising from or connected with the services and contractual duties provided by the CONTRACTOR hereunder. 1.08 CONTR.ACTOR is required to provide, during the term of this Agreement, and to keep and maintain in full force and effect, a policy or policies of insurance, providing at least $250,0000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction ofproperty, indemnifying the CONTRACTOR and the CITY, its elected officials, officers, and employees (as an additional insured) for any and all damages, personal injuries, or property damages sustained in carrying out the duties of this contract, or any part thereof or as the result of the negligence of the CONTR.ACTOR or CONTRACTOR's agents, servants, or employees, and CONTR.ACTOR shall pay all premiums due thereon when due. CONTRACTOR shall also be obligated to maintain worker's compensation insurance in conformance with and as required by State law. 1.09 It is expressly provided that all insurance policies required hereunder shall and must be written by a reputable insurance company or companies, and where appropriate must show the CITY, its elected officials, officers, and employees as an additional insured, subject to approval by the City Attorney of the City of Paris; and the CONTRACTOR's insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and shall remain in effect at all times during this contract period. All such policies shall be written so that CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice sha11 be made to the CITY by certified mail, return receipt requested, addressed to the City of Paris at the following address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas 75461-9037. 1.10 CONTRACTOR shall timely perform and complete the Work herein in accordance with this Agreement and the Bid Documents attached. In the event CONTRACTOR sha11 default in any covenant, condition, provision, or stipulation herein contained, CITY will notify CONTR.ACTOR verbally or, at its discretion, in writing, that a default has occurred. Notice when given shall include a description of the default and the time within which 17 ~ 000126 CONTR.ACTOR must correct or remedy the default. CONTRACTOR remains solely responsible to complete the work as contracted, whether notified of a default by CITY or not, and failure of CITY to notify of such default shall not excuse CONTRACTOR's obligations hereunder. 1.11 CITY will not be responsible for CONTRACTOR's faulty work or additional work required by CONTRACTOR's errors or omissions or mechanical breakdown of CONTRACTOR's equipment. The buildings are presumed to be vacant, but it shall be CONTRACTOR's res onsibilit to ins ect the structures for inhabitants before commencing with demolition. The properties are also subject to illegal dumping and other misuse, and it is expressly the CONTRACTOR's obligation to use caution while performing the work at all times. 1.12 CITY may terminate this Agreement for cause or at its convenience at any time during the period of performance. If termination is for cause, CONTRACTOR shall immediately cease further services and shall be compensated only for that work completed up to the date of termination and completed in full conformance with this Agreement including the Bid Documents attached. If termination is for the CITY's convenience, CONTRACTOR shall be compensated for that work completed or partiaYly completed up to the date of termination and performed in full conformance with this Agreement and the Bid Documents attached; CONTRACTOR shall also be compensated for any additional charges reasonably incurred by CONTRACTOR in preparation for the performance of any further services required by this Agreement, said additional charges to be determined by the CITY. Other than as stated herein, CONTRACTOR shall have no other claim or recourse against the CITY for termination of the Agreement. 1.13 This Agreement may not be subcontracted, in whole or in part, without the CITY's express written approval in advance of the services. 1.14 CONTRACTOR shall not discriminate against any employee because of race, color, religion, sex, national origin, age, or disability. 1.15 The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement shall not be affected thereby. 1.16 This Agreement embodies the entire understanding between the parties and there are no prior effective representations, warranties, or agreements, written or oral, between the parties. 1.17 This Agreement shall be subject to all present and future valid laws of the United States, State of Texas, and Ordinances of the City of Paris, Texas. 18 . 000127 1.18 All services to be performed hereunder shall be and are to be rendered exclusively in Lamar County, Texas. Venue for any State Court cause of action arising out of or in any way related to this contract shall lie exclusively in the courts of Lamar County, Texas, and venue for any Federal Court cause of action shall lie exclusively in the U.S. District Court for the Eastern District of Texas, Tyler Division. 1.19 By executing this Agreement, the CONTRACTOR hereby certifies that the only person or persons interested in this Agreement as principals are named herein, and the CONTRACTOR during the bid process or otherwise has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the services contracted herein. Collusion in the bid process will constitute a substantial breach of the contract and justify termination of the Agreement by the CITY for cause. Executed in duplicates, each of which is deemed to be an original and effective as of the day and date first written in this Agreement. This Agreement will be effective on (Corporate Seal) ATTEST: Address for giving notices: 19 CITY OF PARIS, TEXAS Kevin Carruth, City Manager (Corporate Seal) ATTEST: Janice Ellis, City Clerk Address for giving notices: P. O. Box 9037 Paris, TX 75461 10 000128 MASTER SPECIFICATIONS DEMOLITION AND DISPOSAL OF VARIOUS STRUCTURE'z AT THE CASA BONITA APARTMENT COMPLEI: CITY OF PARIS, TEXAS 1 DEFINITIOMS: 1.1 CITY shall mean the Citv of Fari,- . 1.2 Contractor shall mean the person or firm who is awarded the demolition project described herein. 1.3 Cleaning and removal of trash and debris shall mean the use of any mechanical or hand method by which filth, rubbish, refuse, or other matter that might be unhealthy and/or unsightly is removed from any property or lot and disposed of by approved methods as delineated in the Code of Ordinances. 1.4 Director of Community Development means the Director of Community Development for the City of Paris. 1.5 Demolition shall mean the safe, timely, and complete removal of specified structure with the debris removed to local Waste Management landfill. 1.6 Utilities shall include services provided to the structure including gas, water, and electricity. Other services may be involved in a particular contract. 1.7 Mature tree shall mean a tree having a trunk circumference of at least ten (10) inches but less than sixty (60) inches measured four and one-half (4 1/2) feet above natural grade level. 1.8 Protected tree shall mean any tree having a circumference of sixty (60) or more, measured four and one-half (4 1/2) feet above natural grade level. 2 GENERAL 2.1 Work included A. Provide all labor, materials, services, equipment, and disposal necessary or reasonably incidental to the removal of all designated structures. 2.2 Requirements of Regulatory Agencies A. Perform demolition, transportation, and debris disposal in accordance with all applicable Federal, State, and local statutes, codes, and ordinances. B. Obtain transportation and debris disposal permits prior to commencing work. 20 m 000129 C. File and obtain local and state demolition permits and notices. 2.3 Examinatior_ A. CONTRACTOR shall survey the existing conditions prior to beginning on-site demolition operations. B. Verify that existing utilities to be removed have been disconnected and capped. C. If unanticipated mechanical, electrical, or structural elements that conflict with the intended function or design of the site are encountered, investigate and measure the nature and extent of the conflict. 2.4 Utility Services A. Maintain existing utilities in service and protect against damage during demolition operations. B. Schedule any utility outages with the Director of Community Development prior to disconnection. 2.5 Protection A. CONTRACTOR shall be responsible for the safety of personnel and operations. CONTRACTOR shall provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings as needed or as specified herein. B. CONTRACTOR shall continuously maintain adequate protection of all adjacent construction against damage or loss from the operations performed under this section. CONTRACTOR shall make good any such damage, injury, or loss, except such as may be directly due to the actions of the CITY or its agents or due to causes beyond CONTRACTOR's control and not to his fault or negligence. C. All demolition that involves the removal or disturbance of asbestos containing materials shall be performed in accordance with all applicable State and Federal codes and regulations. D. Equipment and tools left on the property are the responsibility of CONTRACTOR. CITY shall not be responsible for theft, damage, or adverse use of the equipment. 2.6 Sequencing/Scheduling A. CONTRACTOR shall work with the CITY and the Director of Community Development to sequence and schedule work as necessary to obtain substantial completion in accordance with the project schedule. 21 . 000130 B. Proper coordination for the shut-ofFof utility services and control measures for dust and noise must occur prior to commencement of any demolition work. 3 EXECUTION 3.1 Preparation A. Verify termination of utilities prior to commencing demolition activities on any structure. B. Coordinate maintenance of power, water, or other utilities necessary for any adjacent building operations. 3.2 Demolition A. Perform demolition in a manner to prevent injury or damage to persons, property, and adjacent roadways and structures and take care not to weaken or otherwise damage structural integrity of any work to remain. B. Sprinkle debris with water to lay dust daily, but not to the extent of creating flooding. C. Remove designated structures in their entirety to the slab. D. Fill any voids or ruts caused by CONTRACTOR in the act of performing the Work with soil and evenly compact to density of adjacent soil. E. Salvage, protect, and relocate any structures or materials designated for preservation by Owner. F. Overall safety and adverse impact to the neighborhood shall be considered a priority. CONTRACTOR shall provide demolition within hours which are reasonable to the conditions of the neighborhood. G. CONTRACTOR shall not leave the work site when portions of a structure or other items are in a dangerous condition. Such conditions may require posting a guard or continuing the demolition until the condition is relieved. H. Mature and protected trees found on a property shall be protected. CONTR.ACTOR shall work around the tree carefully to prevent damage to the tree and its root system. Sapling trees and sprouts may be removed only if they axe found in a path needed for access to the structures. 3.3 Adjustment and Cleaning A. Remove debris on a daily basis. B. Do not store or burn materials on site. 22 . 000131 3.4 Schedules A. Demolition shall be carried out in such a manner as to protect any adjacent facilities, operations, and personnel as much as possible. 4. ASBESZ'QE 4.1 Survey A. Asbestos inspection records indicate an asbestos content within floor, wall, ceiling and roof components. In their current condition, all building materials are classified by the EPA NESHAP 40 CFR 61.141 as regulated asbestos-containing materials (RACM). B. CONTR.ACTOR shall obtain from CITY copy of the inspection records and maintain such at the job site throughout project duration. 4.2 Permitting/Profiling A. Notices under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and Texas Department of State Health Services (TDSHS) regulations shall be filed by CONTRACTOR in a timely manner as required for the demolition to start as directed by CITY. CONTRACTOR shall not be responsible for notification fees in their bid. CONTR.ACTOR shall be responsible for obtaining and filing all additional permits and notices where required by local ordinances. B. CONTRACTOR shall profile waste materials according to landfill requirements 4.3 Regulatory Compliance A. CONTRACTOR shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, asbestos exposure, injury or loss. These rules and regulations include, but are not limited to: • EPA's National Emissions Standards for Hazardous Air Pollutants (NESHAPS) 40 CFR Part 61, Sub-parts A and M • Texas Department of State Health Services concerning Texas Asbestos Health Protection Act • OSHA's final Asbestos Rules, for the construction industry, found at 29 CFR Section 1926.1101, and following; and where applicable, for general industry, found at 29 CFR 1910.1001 and following. B. CONTRACTOR shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 23 . 000132 4.4 Site Operations A. All work requiring the disturbance of asbestos contaminated materials sha11 be performed within the established boundaries of a regulated area. These boundaries shall be marked using red and black danger tape and shall be strictly controlled with access limited to properly trained personnel only. Haul truck drivers shall be exempt to the training requirements but must remain inside air conditioned cabs at all times while within the regulated area boundaries. B. All activities involving the disturbance of asbestos contaminated materials shall be performed using wet removal methods. Wetting shall be performed continually during demolition work. Excessive water or pooling of water must be contained and water filtered to (5) five micros or collected for disposal as contaminated. C. The final visual inspection shall be performed at the contractor's request prior to job completion. The final visual inspection shall be performed by the Director of Community Development. 4.5 Disposal A. All asbestos-containing material and suspected asbestos-containing material, including all polyethylene packaging, will be packaged according to landfill requirements and properly labeled. Disposal shall be at a Type I Municipal Solid Waste Disposal site as permitted by the Texas Commission on Environment Quality (TCEQ/Texas Department of State Health Services). All material shall be disposed of on waste shipment records as specified in the NESHAP regulations or on an EPA Form 8700-22 Hazardous Waste Manifest. The CITY's address shall be shown as follows: City of Paris Attn: Community Development Department P. O. Box 9037 Paris, TX 75460 and will be signed by an authorized representative of CITY. All Depamnent of Transportation (D.O.T.) regulations shall be complied with in regard to the transporting of the asbestos-containing materials. B. Concrete slabs are to remain in place. Where asbestos adhesives are present on slabs the asbestos adhesives must be removed prior to job completion. C. All asbestos-containing waste materials shall be removed from the site at or before the time of final acceptance and properly disposed of within ten (10) days of project completion. 24 . 000133 D. All construction debris removal from the site shall be considered asbestos contaminated. No separation of waste materials shall be allowed without written authorization. 4.6 E. All waste disposal vehicles andJor containers used to transport or store waste materials shall be properly labeled in accordance with the requirements of 40 CFR 61.152. All such vehicles andlor containers shall be poly lined to the extent needed to maintain a leak tight status until waste is delivered to authorized landfill. Air Monitoring A. Air monitoring for asbestos exposure levels shall be performed daily throughout all phases of demolition work which disturbs asbestos contaminated materials. CONTR.ACTOR shall insure that personnel responsible for collecting and analyzing samples axe properly licensed by the Texas Department of State Health Services. Personnel having full NIOSH 582 training andJor Texas licensing shall be on site to perform the required air monitoring. All samples shall be analyzed by a Texas licensed asbestos laboratory. CONTRACTOR shall be responsible for ensuring that all costs related to air monitoring are included in his bid. B. Ambient air samples shall be collected on a daily basis during all work involving the disturbance of asbestos-containing materials. Ambient samples shall be collected at the following locations: • Upwind • Two Downwind Locations • Track Hoe Cab Exterior 4.7 C. CONTRACTOR shall also collect personal samples on his workers in accordance with OSHA regulations during all demolition operations. D. CONTRACTOR shall supply CITY with copies of personal and ambient sample analysis results within 24 hours of the date of analysis. CONTRACTOR shall post the sample results for the workers to review on his notice board. E. Daily logs shall record all sample locations and personnel affected by monitoring results. Licensing/Submittals A. CONTRACTOR is considered exempt from the state asbestos licensing requirements of the Texas Asbestos Health Protection Act. All supervisors and workers involved with the project shall be EPA accredited and shall have current medical evaluations and respirator fit tests in accordance with the OSHA requirements of CFR 1926.1101. B. Pre job Submittals - The following information shall be provided to CITY prior to the start of work: 25 . uoo13 't • 40 Hour Supervisor/Contractor Asbestos Training • 32 Hour Worker Asbestos Training • Air monitoring training/licensing • Asbestos licensing for laboratory • Respirator fit testing records for each supervisor and worice_ • Medical evaluation records for each supervisor and worker • General safety program manual C. The following items shall be delivered to the owner within (10) ten days of the project completion: 1. Hazardous Waste Manifests 2. Project Job Log 3. Copies of all final laboratory analysis reports: Ambient and Personal sample results. 4•8 Worker Protection A. CONTRACTOR's workers shall, at a minimum, be required to wear disposable clothing and MSHAlNIOSH approved Half-Face Air Purifying Respirators. CONTRACTOR bears all responsibility for providing the maximum amount of respiratory protection and other personal protective equipment that he deems necessary to adequately protect his workers and the environment. 4.9 Project Management A. The Director of Community Development, or designee, shall have the authority to dismiss any of CONTRACTOR's personnel, including supervisors, from the job site for unsafe practices, substandard work, attitudes non-conducive to good working relationships, improper conduct, theft, vandalism. Personnel dismissed shall be banned from the premises for the duration of the contract. 26 : 000135 NOTICE OF AWARD TQ: ADDRESS: PROJECT DESCRIPTION: Demolition and disposal of various structures at the Casa Bonita Apartment Complex. The CITY has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated May 4 and May 11, 2008, and Information for Bidders. You are hereby notified that your BID has been accepted as follows: 11. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within fifteen (15) days from the date of this Notice, CITY will be entitled to consider all your rights arising out of the CITY'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The CITY will be entitled to such other rights as maybe granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY. Dated this day of 2008. City of Paris, Paris, Texas (CITY) By: Kevin Carruth, City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this day of , 2008. By: Title: 27 . 000136 NOTICE TO PROCEED To: [j- Date: Proiect: Demolition and Disposal of Various Structures at the Casa Bonita Apartment Com lex You are hereby notified to commence WORK in accordance with the Agreement dated [J;, 2008, on or before jj, 2008, and you are to complete the WORK within 180 consecutive calendar days thereafter. The date of completion of all WORK is therefore 2008. CITY By: Kevin Carruth, City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of , 2008. CONTRACTOR By: Title: 28 . 000137 CHANGE ORDER Order Na. Date: Agreement Date : NAME OF PROJECT: Demolition and Disposal of Various Structures at the Casa Bonita Apartment Compie). CONTRACTOF.: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: e Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ The CONTR.ACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ The new CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by The date for completion of all work will be Requested by: _ Recommended by: Accepted by: 29 vcuviiucu days (Date). w ooO13l7 RECEIPT FOR PAYMENT AND RELEASE OF LIENS DATE: Received this date from , as full and final payment, the cost of the Work provided for in the foregoing Agreernent between the City of Paris, , Texas (CITY), and (CONTR.ACTOR), dated 2008 for dollars, being the remainder of the full amount accruing to the undersigned by virtue of said Agreement; said amount also covering and including full payment for the cost of all extra work and material furnished by the undersigned in the demolition and disposal of various structures at the Casa Bonita Apartment Complex, and all incidentals thereto, and the undersigned hereby releases CITY from all claims whatsoever growing out of said Agreement. And these presents are to certify that all persons doing work upon or furnishing materials for said improvements under the foregoing contract have been paid in full. In witness whereof the undersigned has hereto set his hand and seal this day of , 2008. CONTRACTOR: BY: (CORPORATE SEAL) Subscribed and sworn to before me this day of , 2008. Notary Public My commission expires 30 w ooU13J a o0o1ZO ~ ~ ~ ~ ~ ~ ~ 0001 ~ T14 ~ ...F ~ ~ ~ ~ ~ r.. ~ ~ ~ ~ ..~r ~ ~ z"' ~k , ~ ~ ~ ~ ~ ~ 000144 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originaring Department: Presented By: Agenda Item No.: 4/20/08 City Council Lisa A. Wright, Director of Council Date: Community Development 4/28/08 RECOMMENDED MOTION: Not an action item. POLICY ISSUE(S): Council objective; Nuisance abatement BACRGROUND: At its meeting on Monday, February 11, 2008, the City Council requested that staff have requests for proposals prepared for the demolition of a building at Casa Bonita. In order to ensure the City's liability is kept to a minimum, the Director of Community Development contacted Brady Environmental Services, Inc. and requested a quote for the preparation of environmental requirements to include in requests for proposals that will ensure any bidders comply with State and Federal laws pertaining to the demolition of buildings containing asbestos. On March 31, 2008, the environmental requirements were provided to the City by Brady at a cost of $1,020.00, and the Director of Community Development has modified the demolition packet to include those requirements and has also selected four (4) structures at the Casa Bonita complex which may be considered by the City Council for demolition after bids have been received. Advertisements for bids will be placed in The Paris News on May 4 and 11. Bids will opened on June 3 and presented to the City Council on June 9(dates are tentative). BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Request for bids. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense Unknown at this time F~ Department Report ❑ Resolution Budgeted Amt. $0.00 ❑ Presentation ❑ Ordinance y'I'D Actual $1,020.00 ❑ Public Hearing ❑ Other Acct. Name House Demolition Acct. Number 01-0328-40-00 FISCAL NOTES: REVIEWED AND APPROVED BY: n Administration N City Clerk ~ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris O O O~~~ Revised 2/04/08 ~ CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 02/19/08 Community Lisa A. Wright Council Date: Development 02/25/OS RECOMMENDED MOTION: Receive report on status of requests for proposals for the demolition of a building at Casa Bonita. POLICY ISSUE(S): BACKGROUND: At its meeting on Monday, February 11, 2008, the City Council requested that staff have requests for proposals prepared for the demolition of a building at Casa Bonita. In order to ensure the City's liability is kept to a minimum, I have contacted Brady Environmental Services, Inc. and requested a quote for the preparation of requests for proposals that will ensure any bidders provide appropriate evidence of compliance with State and Federal la.ws regarding the demolition of buildings containing environmental hazards. Upon completion of specifications, staff will select three buildings near homes or along the street which are the most deteriorated and will request that bidders price each building separately so the Council can deterinuie which building it would like to have demolished first. The requests for proposals provided by Brady will be in such a form that it can be used from this point forward if and when the City Council decides that it will order more structures in the complex demolished. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: None. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $1,020.00 Z Department Report ❑ Resolution Budgeted Amt. $0.00 ❑ Presentation ❑ Ordinance ❑ P bli H i ❑ O h y'I'D Actual $0.00 u c ear ng t er Acct. Name Acct. Number ri5c;AL ivO'rEs: None. REVIEWED AND APPROVED BY: ❑ Administration ❑ City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utiliries City of Paris 000146 Revised 2/04/08 . CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUES" MEETING DATE: February 11, 2008 ■ Action ❑ Discussion ❑ Information ❑ Refer to: SUBMITTED BY: Lisa A. Wright, Director of Community Development I DESCRIPTION: Consideration of and action on authorizing staff to seek competitive bids for the demolition and disposal of debris of Casa Bonita. I BACKGROUND INFORMATION: HISTORY: In mid-2006, the Community Development Director commissioned an asbestos survey of the westernmost collapsed building of the Casa Bonita complex in hopes that the City could begin a demolition process that would eliminate at least one building a year from the area. On June 20, 2006, Brady Environmental Services, Inc. submitted an Asbestos Inspection Report on the building, and the report found that nonfriable asbestos containing materials were located throughout the building in the floor tile and mastic, sheetrock compound, and wall texture (survey attached). An estimate to demolish the building was $36,800.00, which is nearly half of the department's annual budget for demolitions. Because adequate funds did not remain in the budget at that time of the year, and because other demolitions were already scheduled, the project was placed on hold. Beginning in February of 2007, the Community Development Director sought estimates from two demolition companies certified to remove buildings containing environmental hazards. In April, Dtech Services submitted an estimate (attached) of $371,097.00 for asbestos abatement, sampling, demolition, and delivery to the local landfill. This estimate did not include the landfill fee or the Texas Department of State Health Services (TDSHS) fee, which could increase the actual cost to the City by $200,000.00 to $250,000.00, which is again solely an estimate based on 7,800 tons of debris; however, the actual tonnage of the debris generated is difficutt to estimate with any accuracy. A second estimate was submitted in May 2007 by Brady Environmental (attached) in the amount of $435,000.00, with additional monitoring - 00014 7 and TDSHS fees totaling $25,250.00. It's difficult to say whether bids will come in anywhere near those amounts since these numbers are solely estimates requested in order to allow staff to determine a better understanding of the potential cost of the project. In June 2007, a memo (attached) was forwarded to Ernie Clark detailing the history of the complex and the results of research to determine costs. Since thaf time, the City paid Quality Tree Service $16,750.00 to clean the entire property, which included shredding, removing all small trees, cutting all growth away from the buildings, and removing all junk, rubbish, and debris that had been deposited on the property. The Code Enforcement Abatement Crew mows the property several times a year, and each mowing takes approximately two weeks to comptete. By having the property cleaned "to the ground," it is our hope that the Abatement Crew mowing time and the damage sustained to the City's equipment will reduce with the elimination of debris dumped on the property. However, I observed in mid-December 2007 that the back of the property is again being used as a dump site for old furniture, hot water heaters, etc. CURRENT: At it's December 10, 2007, meeting, the City Council addressed the issue of whether to go forward and seek demolition of the complex and was advised by Keep Paris Beautiful that a project to remove the brick was being undertaken in order to lighten the landfill load; however, that project is no longer underway. At this point, the City Council is being asked to allow stafF to develop a request for bids from qualified demolition contractors who can comply with all State requirements for the proper demolition and disposal of structures containing hazardous substances. Bidders will be asked to state what plans they have for the bricks, if any, and the City can award the bid in whatever manner that is advantageous to it. The first step in the process will be to contract with a consultant to have specifications prepared which comply with all State law requirements for the demolition and disposal of environmental hazards. Upon completion of those, bids will be advertised in the local newspaper. Additionally, a list of qualified contractors will be obtained from the State website, and bid packets will be mailed to all companies within a reasonable distance from Paris. When bids have been received, they will be,opened, tabulated, and presented to the City Council in order to determine whether sufficient funds are available for the project. During this entire process, Keep Paris Beautiful is continuing to work on the establishment of neighborhood associations in the area as a step in helping the City to qualify for potential grants that may be used to demolish the complex, such as Weed and Seed. FISCAL AUTHORITY: BUDGETED: NO Account GRANT: Account BOND / C O Account Other: See attached for recommended funding ' v 000148 LEGAL REVIEVI': N/A MANAGER'S RECOMMENDATIOKI: Issue RFP to get a firm cost for the project. Once the costs are known we will be bale to assess the next appropriate step. . 000149 M E M Q R A N D U M TO: Emest R. Clark, Interim City Manager FROM: Lisa A. Wright, Director of Community Development SUBJECT: Casa Bonita Apartments DATE: June 21, 2007 Bac round Information According to the deed records of the Lamar County Clerk, it appears that the complex now known as Casa Bonita first came into existence azound 1970 when the property was sold from Wray and Myrtle Wible to the Olive Branch Apartments Charitable Trust. Accompanying the deed to the property was a mortgage insurance agreement between Olive Branch and the U.S. Department of Housing and Urban Development (HUD) in the amount of $3,284,400.00 for construction or renovation of the complex under the condition that the owners lease the property to low or moderate income tenants. In the late 70s, the property was under the ownership of Nick Kazakoff and Edwazd D. Seidle Holdings, Limited, but was sold in mid-1982, after a tornado destroyed a handful of its buildings, to Joe Wood and Paul Cheatham. They, in turn, sold the property to Casa Bonita Apartments Limited, an Illinois general partnership, in late 1982. During this period of ownership, the apartments were enrolled in a rental assistance program through the Ark-Tex Council of Governments. In 1992, there was correspondence whereby the owner was working with individuals who had expressed interest in purchasing the property to develop alternative housing for convicts and ex- convicts; however, that transaction obviously did not occur. In that correspondence, there was mention of requests for additional HUD funding to renovate the buildings by the then owner, but the funding was never awarded because of some issues HiJD had with the project. It is unknown exactly when the apartments stopped operating entirely; however, records indicate that the property was struck off to the taxing entities, in caze of Paris ISD, in September 1996. It was then sold in July 1997 to D&W Development Company, and Code Enforcement files reveal several code enforcement actions during this period, with over $10,000.00 being spent by the City to clean up the property. It was again struck off to the taxing entities, in care of the City of Paris, m March 2004. The City again spends thousands of dollazs annually mowing and cleaning the property. Recent Activitv In early 2006, I met numerous times with a developer who expressed interest in demolishing the Casa Bonita Apartments to potentially build a housing development. After several months, the developer determined that the cost of demolishing the structures made the project non-feasible. In order to get a better estimate of exactly what we were dealing with, in June 2006, I commissioned Brady Envuonniental Services, Inc. to perform asbestos surveys on two of the most damaged structures in the Casa Bonita complex. During tlus period, the Community Development Department was in the process of having numerous substandard structures demolished throughout the city, and, because Casa Bonita has been a blight to the area for over twenty (20) years, it was my hope that I could begin demolishing at least some portion of the complex annually using budgeted funds. Although progress would have been slow, at least it would have been progress. w 000150 On June 20, 2006, Brady reported that the structures did, in fact, have asbestos containing materials, and, on July 11, 2006, Brady submitted an estimate for the removal of one structure at $36,800.00. Because the properiy contains environmental hazards, only asbestos certified demolition contractors can be used, and no local companies hold the necessary certifications. It was the City's goal at that time to demolish at least 100 substandard structures in one year; therefore, the City was under contract with a local company for a specific estimated tonnage of debris from substandard structures (by guaranteeing an estirnated tonnage, the City was able to secure lower bids than it might have for an unspecified amount). Because the Community Development's annual demolition budget was $80,000.00, almost half of the budget would have gone to demolish one structure in the complex. There then would not have been sufficient funding remaining to demolish enough additional structures throughout the city to meet the estimates cited in the bid documents; therefore, the Casa Bonita project was put on hold. In late 2006, I invited staff from the EPA on a-tour of the property in hopes of securing some kind of Brownfield or other grant funding for demolition of the complex. Although the EPA representative agreed that the project was worthy of some sort of funding, it was not eligible for any kind of EPA funding. She recommended the possibility of developing the property into a sports complex with a community center using Parks and Wildlife funding; however, those grants are typically 50150 awards, and developing the project into something along those lines could be quite expensive. Demolition Estimates Because of a combination of further deterioration of the building in the complex and increased reports of individuals going into the buildings, in February of this yeaz, I met with two asbestos certified demolition contractors and toured the Casa Bonita complex with each. I received one estimate in April in the amount of approximately $372,000.40. This cost included only demolition and delivery to the landfill. Based on the estimated tonnage of debris generated from the demolition, landfill fees could range anywhere from $220,000.00 to $300,000.00, at a minimum (the debris will be wet because of the required demolition method; therefore, it will be heavier than normal). A second estimate was received in May of this year in the amount of $460,000.00. Again, this fee did not include disposal at the landfill. Keep in mind these figures are merely estimates and could change during a formal bid process. Current Status I have been advised by members of the Keep Paris Beautiful board that they have approximately $40,000.00 in funds they could potentially direct toward the Casa Bonita project. Additionally, there are approximately $50,000.00 remaining in the demolition budget for this year that I was holding in reserve while waiting for demolition estimates on Casa Bonita. However, because the remaimng funds are not nearly sufficient to get this project underway, and because it is unlikely that, even if the project is undertaken, it will be commenced during the current fiscal year, unless there are any objections, I will immediately undertake the bid process and begin to demolish additional houses throughout the city. The substandard housing stock has again risen to a level that could allow the City to guarantee a certain tonnage in order to obtain a low bid. In the meantime, if the City chooses to fence the Casa Bonita complex, estimates from three local companies range from $13,000.00 to $16,000.00. At a minimum, a fence could help deter criminal activity on the property, but it will do little to help visually. Also, I have a quote in hand from Brady Environmental in the amount of $2,850.00 to conduct Phase I environmental assessments on the remaining buildings to determine if there are any structures in the complex which do not contain hazardous materials, thus allowing the City to use a non-certified m 00015-1 demolition company for removal of those buildings, if any. All structures were built and/or renovated at the same time, so the possibility that they all contain the same materials is relatively high; however, in case there aze some building without environmental hazards, it couid be worthwhile for the City to undertake the additional surveys. Please advise how you would like me to proceec, /lw 0 000152 April 3, 200 7 Ms. Lisa Wrigh' City of Paris P.O. Box 9037 Paris, Texas 75461-9037 Tornado Damaged Apartments 7t' & Henderson Street Paris, Texas Dear Ms. Wright: DTECH Services (DTECH) appreciates the opportunity to present this proposal to abate asbestos containing materials and clean up demolition of the building as further identified in the scope of work section on the foflowing page. DTECH will perForm the work per local, state and federal guidelines including regulations of the Environmental Protection Agency (EPA), Occupational Safety & Health Administration (OSHA), and the Texas Department of State Health Services (TDSHS). The TDSHS asbestos removal fee is not included with our bid. TDSHS will send this removal fee invoice directly to the building owner. Fees are determined by the quantity of asbestos to be reported on the TDSHS notification form. TDSHS calculates fees at $30 per Asbestos Reporting Unit (ARU); each 160 square feet or 260 linear feet of asbestos abated equals one ARU. The minimum fee shall be a$55 administration fee per original notification. The maximum fee shall be $3,210 per notification. It is our understanding the City of Paris will choose and pay appropriate waste dump fees. We appreciate the opportunity to submit this proposal, and look fonivard to the opportunity to demonstrate our professional capabilities. To proceed with proposed work, please return one signed copy of this bid proposal, or issue a notice to proceed referencing this proposal so that we may schedule the work. Should you have any questions or require further information, please do not hesitate to call this office. Sincerely, ve.nietriu4,T. coo-lv Managing Partner . 000153 QTE C H SERVI C E S (817) 695-6519 • 624 Six Flags Dr. Ste,130 • Arlington, Texas 78011 Ciry of Pans Tomado-damaged Apartments 23 buildings Paris, Texas April 03, 2007 Page 2 SCOPE OF WORK This bid proposal includes the following environmental construction services: 1) Cleanup & Removal, 23 buildings at 7`h & Henderson (Comer buildings not owned by City of Paris). Asbestos Abatement of asbestos containing building material throughout tornado damaged area. • 2) Complete demolition of slab and removal of associated parking lot. Responsibilities of Owner or Others / Bid Qualifications: 1) Owner to provide / allow use of site Water & Electrical sources (if available), restrooms (if available), parking for DTECH employees. 2) Bid is based on the asbestos materials exposed for abatement by prior tornado. 3) Other hazardous mate(als, if present, are excluded from our bid. Owner to notify DTECH of any other hazardous materials prior to project start. Owner is responsible for all costs, testing, notification, abating, or delays caused from other materials. 4) Per OSHA regulation Owner / Owner's agent to notify any - subcontractors, employees affected by the asbestos abatement work prior to DTECH's mobilization. 5) DTECH will be excused for any delay beyond our reasonable ' control. These delays may include, but are not limited to Acts of God, labor disputes, accidents, inclement weather, acts of public authority, acts of the Owner, or other unforeseen contingencies. 6) If required, any alteration and/or deviation from this proposal involving a change in costs will be executed only upon written orders. Additions will become an extra charge over and above this bid proposal. - 000154 City of Paris April 03, 2007 Tomado-damaged Apartrnents 23 builciinas Page 3 Paris, Texas 7) Asbestos abatement air monftoring and specifications cost are included in DTECH's proposal. Air monitoring will be performed for public safety as well as on site personnel. Weekly monitoring reports will be sent to the City of Paris for review to ensure public sector was not effected by site demolition clean up. Daily reports will be available upon request by City of Paris. ~ 000155 City of Paris April 03, 2007 Tomado-damaged Apartments 23 buildings Page 4 Paris, Texas METHOD OF REMOVAL: DTECH has based our bid on performing the work per federal, state, and local guidelines throughout the abatement process and the specifications prepared by a state licensed consultant. DTECH to provide state licensed personnel with current training and medical exams for working with asbestos materials. Personnel to don negative pressure respirators or Powered Air Purifying Respirators with full eye protection depending on the type of material and airborne fiber levels anticipated. Personnel shall also be provided with disposable suits, rubber boots, gloves, rubber gloves, safety glasses, hard hats, respirator disinfectants, and hearing protection as needed for each project. PROJECT DURATION: Project duration (Abatement & Demolition) including mobilization and demobilization. Monday - Friday, (Saturday if necessary) fto subject to change. is estimated at 65 working days DTECH's work schedule will be m 7:00 a.m. to 5:00 p.m. Times are WASTE TRANSPORT - DISPOSAL: Asbestos wastes generated to be packaged, labeled, manifested, transported and disposed of by DTECH for the owner at an EPA / TDSHS approved landfill set forth by City of Paris. COMPENSATION FOR SERVICES: Mobilization / Project Setup / 2 Final Reports Asbestos Abatement Services / Scope of Work (Labor, Equipment, Materials, Insurance's, Overhead, Profit) Asbestos Waste Manifest, Transport Disposal OSHA Sampling . Demolition of slab and affected parking lot Total Lump Sum Base Bid: $371,097.00 "Asbestos abatement is tax exempt per the Texas sales and use tax section 151.0048(a)(3)(A) of the Texas Tax Code. DTECH pays sales tax on materials. City will pay for dumping fees at local accepting landfill of their choosing. M 000156 City of Paris April 03, 2007 Tornado-damaged Apartments 23 buildings Page 5 Paris, Texas GENERAL TERMS AND CONDITIONS DTECH, its empioyees and subcontractors wili be properly and legaliy licensed for the work they will perform. Except for licenses, permits and certffications our personnel possess as environmental consultants, it is understood that you are responsible for furnishing or arranging for all permits, licenses and other necessary governmental or private party approvals or consents, and for compliance with all notification and other legal requirements in connection with the project. We will render assistance to you m this regard if requested and will provide fee estimates for such services to the extent they are not included as part of this proposal. In the event we are requested or required to perform services not specified in this proposal, such as reproducmg drawmgs, maps or plans, perfoRnmg additional work or appearing in litigation or other proceedings on your behalf, it is understood that we will be paid reasonable and agreed upon costs and fees for our time and efforts. Client agrees that DTECH's liability, and that of its officers, directors, employees, agents and subcontractors, to client or any third party due to any negligent professional acts, errors or omissions or breach of contract by DTECH will be limited to the extent of insurance coverage provided by DTECH or DTECH's total charges, whichever is greater. DTECH can increase the coverage at the time of accepting the proposal provided client agrees to pay the additional fees for the coverage. If this proposal meets with your approval, please sign below and return to DTECH by fax to (817) 385-0965. CITY OF PARIS DTECH SERVICES NAME: Lisa Wriqht NAME: Demetrius J. Cook SIGNATURE: SIGNATURE: TITLE: Director Cornmunitv Svs DATE: TITLE: Managina Partner DATE: ' OOU15 t ~ NAIY &Vhmimtl ~ l nnsullilr;; - h,nline*erixg - /nspecfrnns - R¢mrJiarion May 9, 2007 Ms. Lisa Wright Director of Community Developmen: City of Paris P O Box 9037 Paris, Texas Re: Cost Estimates for Demo/Abatement of Casa Bonita Apartments Dear Mrs. Wright, We have prepared the following cost estimates for the demolition and removal of asbestos-containing construction debris from the Casa Bonita Apartment site. Cost figures reflected herein do not include landfill fees. It should be more beneficial for the city of Paris to have disposal costs billed directiy to it by the landfilt. It is estimated that this project will take six weeks to complete and generate approximately 7,800 tons of asbestos contaminated debris. Our estimates include the removal of approximately 22 structures totaling approximate(y 133,000 square feet. These figures are based on the assumption that all of these condemned structures have asbestos-containing materials and therefore all demolition waste materials will be handled, transported, and disposed of as such. Following the abatement work, the concrete foundations of the structures, surrounding asphalt parking areas, and ail flatwork such as sidewalks will remain. Asbestos Certified Demolition Contractor $435,000 Professional Fees/ Project Managemend Air Testing $ 21,750 TDSHS Notification Fees $ 3,500 Project Duration 6 weeks to complete Waste Generated 7,800 tons If you should need any additional information, please don't hesitate to contact our office at 903-882-6865. Sincerely, J. Iviark Swinnea, P.E. Consulting Services V(') lios !'1i23 - Lrndale. 7':X 15711 Ofi'ice 1903l 'i,'Q-bSGi •"i'oll I=rcc t7ir,(i)'tX2-fi9{,5 •}'at 190:} 882-08t;' - 00L/15u Page 1 of 1 , a Wrighf From: Mark Swinnea [mark@braayenvironmental.com} Sent: Tuesday, July 11, 2006 10:16 AM To: Lisa Wright Subject: RE: Abetement cos: Cost estimate for the abatement of asbestos at the Casa B apartments. Removal / Disposal $30,200.0C Consulting / Air Testing $5,800.OG State Notice Fee $800,00 This is a totat of $36,800.00 per building. The project would invoive the removal and disposal of all debris as friable asbestos containing material. So at the completion of work you would be left with a concrete slab and overgrown vegetation. This estimate is based on the city supplying water at the site for use by the conCractor. We estimate a project duration of 8 days per building. Mark Swinnea, P.E. Brady Environmental Services (903) 882-6865 Fax: (903) 882-6867 7i1ii2oo6 - 000159 i agrVjWk& Consalting - Enginetiing - Inspections - Remediatlon ASBESTOS INSPECTION REPORT Old Casa Bonita Apartments Paris, Texas PREPARED FOR: City of Paris P O Boz 9037 Paris, Texas PREPARED BY: , ; J. Mark Swinnea, P.E. TDSHS License # 105066 JOB# CS06239 June 20, 2006 P.O. Box 2623 • Lindale, TX 75771 Office (903) 882-6865 - Toll Free (866) 882-6865 • Fax (903) 882-6867 " OOU16C1 Old Casa Bonita Apartments, Paris, Texas TABLE OF CONTENTS 1. Introductiori- II. Homogeneous Area Report III. Photos IV. Lab Reports V. Conclusions VI. Licensing and Accreditation JOB # CS06239 1 000161 Old Casa Bonita Apartments, Paris, Texas 1. Introductioc Brady Environmental Services, Inc. was commissioned by Ms. Lisa Wright of the City of Paris to perform an asbestos inspection of two aparbment buildings of the old Casa Bonita Apartment complex in Paris, Texas. The asbestos inspection was performed on June 13, 2006 by Mr. David Gable of Brady Environmental Services, Inc. Site work included a careful review of all interior and exterior building materials. All work was performed in accordance with the Texas Asbestos Health Protection Rules and applicable OSHA a.nd EPA rules goveming asbestos. Bulk samples were collected in a statistically random manner and in an effort to minimize visual damage to suspect building materials. During the inspection bulk samples were collected from building materials identified by the EPA as having a potential asbestos content. All samples were submitted to Cates Laboratory in Forney, Texas, for analysis by Polarized Light Microscopy (PLM) in accordance with EPA test method 600/R-93/116. Laboratory reports are found in Section N of this report. . J4B # CS06239 - 00016~' ~ Q. ~ A V Q tA 0 C d C1 O E ~ Z ~ ~ d ~ Q V C ~ d V d y w C d C L •C W ~ V ~ m Q ~ ~ ..l m F Z w ~ r rc < d e F Z m ~ N ` U 0 `0 O J h ~ o N d ~ LL O . y c V ~ O O C ~ am ~ O o a N ~a N V e ro ~ N ~ V °o ° ~ m < O CO {Y m > i n > 2 2 2 2 N < C ~ Qd O ~ o Y 0 Y 3 0 Y 3 0 Y ~3 0 Y ~S 0 Y > Q j > j > j ~ FW 0l N N N fA N y U V = j J I 4~ ~ W m ~ ~ z W m < K = L W m < K O l J < LL j ` LL m s Lr O 2 ~ z 5 K g K 5 ~ 5 ~ K 5 0 C °o ~ J H ~ ~ H H U N d t~ a1J C _J < ~ le m 3 J ~ ~ o N O ~ o ~ b ~ y z ~ X F < C < VW 1 ~ z g > N ? j a 3 m Z ~ > y ? ~ J cWi ~ < o z < LL o a C 3 n ~ g a ~ m ~ u c o w w LL LL N . ~ Q m C~ p W LL < T :5 tl i 4 ~ Z 2 O O ~-J J Z ~ H y O V > LL Z Z \ ~ ~ F a _ 0 N Nq O F w aai Z W J m Q ~ ~ G Q 0 W I Z N ~ ~ W ~ Z E ~ W~u¢ z ~>=C4 ~ g ~Hmq 3 2231 _ ~il O O ~S~ U o0LL s 000161 t Q a ~ W V a ~ 3 O C d ~ 0 s 0 O ~ ~ ~ Q t> C ~ m t~ d ~ c m ~ ~ ~ W ~ V m m M C J m 2 W ~ C < ~ F 0 m a < u 0 J ~ ~ 0 p 7 q u ~ J f~ LA m a N ~ U. O „ > e C> ~ ~ c ~ V ~ ~ o o ~ V e ~ ~ • s ~ a ~ o ~ ~ m < ~0 W i > Y O Z 2 Z m N t ~ O d ~ O ~ ~ ~ ~ 3 3 3 3 3 3 P o p o 0 0 0 z z ~ z z a > > > > ? > = O W p~ N h N y N N 0 ° ~ Z O W J W m W m W m W W W NJ ` C C ¢ K j LL LL LL 5 s LL ~ <Y. O O O ` LL O ~ z 2 2 2 LL o o ~ o 0 p < n x g = n g o 0 & & & ~ J ~ H ~ H H F ~ O o g g o < Q K 3 H j N V j 0 ul ` O V < N ; W LL ~ LL ~ 3 y V W G i ~ ~ g m ~ ~ ry 2 N W x 3 n < m U ~ W LL < m U G w u ~ . W < ¢ m U C W U- ~O ~ Z O O ~ J U I ~ J ~ o a a J i O 3 ~ U ~ = u i t i) ' LL u z z W C ~ Z ~ N ~ 0.' ~ H t~ a N Z W J m t9 t~ ~ a c 2 ~ . ~ T ch €2 ~g ~a t S EffiS ~ !ail ~Ss 8= & $~~a g==.~ o~~~~ 0 ~JIILL ~~wo r OOOlb", Old Casa Bonita Apartments, Paris, Texas JOB # CS06239 - 000165 Old Casa Bonita Apartments, Paris, Texas JOB # CS06239 = 000166 PLM REPORT SUMMARY Cates I.aboratorief NVLAP Lab No. 200569-0 , 2 613 S. Bois D'Arc TDH License No. 30-0287 , Fomey, Texas 75126 (972) 564-472-- . Ctient: Brady Environmental Services, Inc. Lab Job No.: PLM-01256 Project: City of Paris; Old Casa Bonita Apartments Report Date: 6119/2006 Project No: 6239 LS01 Sample Date: 6/13/2006 Identification: Asbestos, Bulk Sample Anaiysis • Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 1 of 3 On 6/15/2006, eighteen (18) buik samples were submiued by Mr. David Gable o£ Brady Environmental Services, Inc. for asbestos analysis by PLM/DS. Copies of the lab data sheeu are attached; additional information may be found therein. 7'hc resulu are summaziud below: Lab Client Sample Description/Location Asbestos Content Sample No. Field I.D. CL058727 A1 White 12" X 12" Floor Tile wBtack Mastic - Throughout Building A None Detected - Tan Mastic 3% Chrysodle - Floor Tile 5% Chrysotile - Black Mastic CL058728 A2 White 12" X 12" Floor Tile wBlack Mastic - Throughout Buildittg A None Detected - Tan Mastic 3% Chrysotile - Floor Tile 5% Chrysotile - Black Mastic CL058729 A3 White 12" X 12" Floor Tile wBlack Mastic • Throughout Building A None Detected - Tan Mastic 3%'Chrysotile - Floor Tile 5% Chrysotile - Black Mastic CL058730 B I Sheetrock / Joint Compound - Throughout Building A 2% Chrysotile - Joint Compound None Detected - Paper Nonc Detected - Wallboard Material CL058731 B2 Sheetrock / Joint Compound - Throughout Building A 2% Chrysotile - Joint Compound Nonc Detected - Paper None Detected - Wallboard Material CL058732 B3 Sheetrock / Joint Compound - Throughoui Building A 2%.Chrysotile -]oint Compound None Detected - Paper None Deuctcd - Wallboazd Material CL058733 C1 Wall Texture - Throughout Building A 2% Chrysodle CL058734 C2 Wall Texture - Throughout Building A 2%Chrysotile CL058735 C3 Wall Texture - T'hroughout Building A 2% Chrysotile CL058736 D1 Biack Wall Insulation - Throughout Building A None Detected CL058737 D2 Black Wall Insulation -'I'hroughout Building A None Detected CL058738 D3 Black Wall Insulation - Throughout Building A None Detected CL058739 E1 Grey Ceiling Insulation - Throughout Building A None Detected CL058740 E2 Grey Ceiling Insulation - Throughout Building A None Detected CL058741 E3 Grey Ceiling Insulation - Throughout Building A None Detected Thesc samples wero analyzed by layers. The overall percent asbestos for the sample is repotted when rolevant. 'fhe EPA considers a material to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicau that Regulated Asbestos Cmueining Materials (RACM) - mazerials that are friable or may become friable - be further analyud by point counting when the results indicate less than un percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and dces not include point counting unless specifically requested by the client. The results may not be reproduced except in fiill. ~ OOUlbi PLM REPORT SUMMAIV' ' Cates Laboratories NVLAP Lab No. 200569-0 ~ 613 S. Bois D'Arc TDH License No. 30-0287 ~ Forney, Texas 75126 (972) 564-4723 Client: Brady Environmental Services, Inc. Lab Job No.: PLM-01256 Project: City of Paris; Oid Casa Bonita Apartments Report Date: 6h9/2006 Project No: 6239 LSOS Sample Date: 6113/2006 Identification: Asbestos, Bulk Sample Analysis Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 2 of 3 On 6/I SR006, eighteen (18) bulk samples were submitted by Mr. David Cmble of Brady Environmental Services, lnc. for asbestos analysis by PLM/DS. Copies of the lab data sheeu are attached; additional information may be found therein. The results are summarized balow: Lab Client Sample Description/Location Asbestos Content Sample No. Field I.D. CL058742 Fl Roof Felt & Tar - Roof of Building A None Detected CL058743 F2 Roof Felt & Tar - Roof ofBuilding A None Detected CL058744 F3 Roof Felt & Tar - Roof of Building A None Detected These samples were analyzed by layers. The overall percent asbestos for the sample is ttported when relevant. The EPA considers a maurial to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visusl Area Fstimation (CVAE). EPA regulations also indicate that Regulated Asbestos Containing Meterisls (RACM) - materials that are friable or may become friable - be further analyud by point counting when tle results indicate less tMan ten percent asbestos by CVAE. CausLab utilizes CVAE on a routine basis and dces not include point counting unless specifically requested by the client. Thc nsults may not be reproduced except in full. - 000168 PLM REPORT SUMMARY I~ Cates Laboratories NVLAP Lab No. 200569-0 613 S. Bois D'Arc TDH License No. 30-0287 ~ Fomey, Texas 75126 (972) 564-4723 Client: Brady Environmental Services, Inc. Lab Job No.: PLM-01256 Project: City of Paris; Old Casa Bonita Apartments ReportDate: 6/19/2006 Project No: 6239 LSO'! Sample Date: 6/13/2006 Identification: Asbestos, Bulk Sample Analysis Test Method: Potarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 3 of 3 On 6/15l2006, eighuen (18) bulk samples were submitted by Mr. David Gable of Brady Environmental Services, lnc. for asbestos analysis by PLM/DS Copies of the lab data sheets are attached; additional information may be found therein. STATEMENT OF LABORATORY ACCREDITATION The samples were analyzed in general accordance with the procedures outlined in the Method for the Determination of Asbestos in Bulk Building Materials, EPA/600/R-93/116 or the U.S. Environmental Protection Agency method, under AHERA, for the analysis of asbestos in building materials by polarized light microscopy. The results of each bulk sample re(ate only to the material tested and the results shall not be used to claim product endorsement by NVLAP or any agency of the U.S. Government. Specific questions concerning bulk sample resulu shall be directed to the Laboratory Director. Analysr. Mark Turner Laboratory Director: John R. Cates, P.G. Approved Signatory: ~ FkNly U\J Af = 000169 PLM REPORT SUMMARY CateS L8b0r8tOf1@f NVLAP Lab No. 200569-0 ~ 613 S. Bois D'Arc TDH License No. 30-0287 Fomey, Texas 75126 (972) 564-4723 Client: Brady Environmental Services, Inc. Lab Job No.: PLM-01256 Project: City of Paris; Old Casa Bonita Apartments Report Date: 6/19/2006 Project No: 6239 LS02 Sample Date: 6/13/2006 tdentification: Asbestos, Bu1k Sample Analysis Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93h 16 Page 1 of 3 On 6/15/2006, eighuen (18) bulk samples werc submitted by Mr. David Gable of Srady Environmental Services, Inc. for asbestos analysis by PLM/DS. Copies of the lab data sheets aze attached; additional information may be found therein. The results are summazized below: Lab Client Sample Description/Location Asbestos Content Sample No. Field I.D. CL058745 A 1 White 12" X 12" Floor Tile wBlack MastiG. - Throughout Building B None Detected - Tan Mastic 3% Chrysotile - Floor Tile 5% Chrysotile - Black Mastic CL058746 A2 White 12" X 12" Floor Tile wBlack Mastic • Throughout Building B None Detected - Tan Mastic 3% Chrysorile - Floor Tile 5% Chrysorile - Black Mastic CL058747 A3 White 12" X 12" Floor Tile wBlack Mastic - Throughout Building B None Detected - Tan Mastic 3% Chrysotile - Floor Tile 5% Chrysodle - Black Masfic CL058748 B1 Sheetrock / Joint Compound - Throughout Building B 2%Chrysotile - Joint Compound None Detected - Paper None Detected - Watlboard Material CL058749 B2 Sheetrock / Joint Compound -1'hroughout Building B 2% Chrysotile - Joint Compound None Detected - Paper None Detected - Wallboazd Material CL058750 B3 Sheetrock / Joint Compound - Throughout Building B 2%Chrysotile - Joint Compound None Detected - Paper None Detected - Wallboazd Material CL058751 C1 Wall Texture - Throughout Building B 2%Chrysotile CL058752 C2 Watl Texture - Throughout Building B " 2%Chrysotile CL058753 C3 Wall Texture - Throughout Building B 2%Chrysotile CL058754 DI Black Wall Insulation - Throughout Building B None Detected CL058755 D2 Black Wall Insulation - Throughout Building B None Detected CL058756 D3 Black Wall Insulation - Throughout Building B None Detected CL058757 E1 Grey Ceiling Insulation - Throughout Building B None Detected CL058758 E2 Grey Ceiling Insulation - Throughout Building B None Detected CL058759 E3 Grey Ceiling lnsulation - Throughout Building B None Detected These samples were analyzed by layers. The overall percmt asbestos for the sample is reported when relevant. The EPA considers a materia] W be asbestos containing only if it conteins gresur than one perccnt asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicau that Regulaud AsbesWS Containing Materiats (RACM) - materials that are friable or may become friable - be further analyzed by point counting when the resulu indicate less then ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and dces not include point counting unless specifically requested by the client. The results may not be reproduced except in fiill. PLM REPORT SUMMARY Gates Laboratories NVLAP Lab No. 200569-0 613 S. Bois D'Arc TDH License No. 30-0287 L- Fomey, Texas 75126 (972) 5644723 Client: Brady Environmental Services, Inc. Lab Job No.: PLM-01256 Project: City of Paris; Old Casa Bonita Apartment: Report Date: 6/19l2006 Project No: 6239 LS02 Sample Date: 6/13/2006 Identification: Asbestos, Bulk Sample Analysis Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/916 Page 2 of 3 On 6/15l2006, eighteen (18) bulk samples wcre submitted by Mr. David Gable of Brady Environmental Services, ]nc. for asbestos analysis by PLM/DS. Copies of the lab data sheeu are attached; additional infonnation may be found therein. The results are summarized below: Lab Client Sample Description/Location Asbestos Content Sample No. Field I.D. CL058760 F 1 Roof Felt & Tar - Roof of Building B None Detected CL058761 F2 Roof Feit & Tar - Roof of Building B None Detected CL058762 F3 Roof Felt & Tar - Roof of Building B None Detected These samples were analyzed by layers. The overalt percent asbestos for the sample is reported when relevant. The EPA considers a material to be asbestos comaining only if it contains greater than one percent asbestos by Calibrated Visual Area F.stimation (CVAE). EPA regulations also indicate that Regulated Asbestos Comaining Materials (RACM) - maurials that are friable or may become friable - be further analyzed by point counting when the cesutu indicate less than ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and dces not include point counting unless specifically requested by the client 7'he results may not be reproduced except in full. - OOlll,11 PLM REPORT SUMMARY ~ Cates Laboratories 613 S. Bois D'Arc Forney, Texas 75126 (972) 5644723 NVLAP Lab No. 200569-0 TDH License No. 30-0287 Client: Brady Environmental Services, Inc. Lab Job No.: PLM-01256 Project: City oi Paris; Old Casa Bonita Apartments Report Date: 6/19/2006 Project No: 6239 LS02 Sample Date: 6/13f2006 Idenrification: Asbestos, Bulk Sample Analysis Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-931116 Page 3 of 3 On 6/15/2006, eighteen (18) bulk samples wero submitted by Mr. David Gable of Brady Environmental Services, 1nc. for asbestos analysis by PLM/DS Copies of the Iab data sheeu are attached; edditional information may be found therein. STATEMENT OF LABORATORY ACCREDITATION The samples were analyzed in general accordance with the procedures outlined in the Method for the Determination of Asbestos in Bulk Building Materials, EPA/600/R-93/116 or the U.S. Environmental Protection Agency method, under AHERA, for the analysis of asbestos in building materials by polari2ed light microscopy. The results of each bulk sample relate only to the material tested and the results shall not be used to claim product endorsement by NVLAP or any agency of the U.S. Government. Specific questions concerning bulk sample results shall be directed to the Laboratory Director. Analyst: John R. Cates Laboratory Director: John R. Cates, P.G. 0& Approved Signatory: ~ ~ U\J ^ OOU1"i~ Old Casa Bonita Apartments, Paris, Texas V. Conclusions During the inspection the following materials were determined to be non-asbestos by the licensed inspector: a. Fiberglass batting insulation ceilings b. Fiberglass insulation walls c. HVAC duct work insulation d. HVAC flex joint (vibration damper) e. Fiberglass piping insulation pipe runs A copy of this report should be kept on location during any renovation work and should be made available to any contractors working on location. These records should also be made available for inspection by the Texas Department of State Health Services or by local building officials. For compliance. with the EPA NESHAPS Standard, a notification of demolition should be filed with the Texas Department of State Health Services. This norification should be filed at least ten working days prior to commencement of demolition. Following the inspection, the following materials were found to be asbestos containing: a) White 12"X12" Floor Tile b) Black Mastic c) Joint Compound d) Wa11 Texture JOB # CS06239 ODU1'7i ~ ~ ~ a ~ ~ c~ V y ~ jp~' vi : cG • 0. ~ 'ra ~ - J " ' I = ? ~ r "r~• _ ~ C :y.: . LM y / x ~ F^ j Lo U r ~ ~ ~ V ~ LC Ln ~ ~ ' F • ti ~ r~' ~ ~ S/J Va r ~ v ~ {•--1 ~ . ✓ +'J _ ^J ~1, uJ V ~ - Cd l ✓ r 4f; U . ..J 00 ~ QO ~ ~ 9 F- I z 0. z . ~ . W . ~ r~ ti oOV1r1 i ~ 4 ~ ~ y ~ a~ CO` ~ -ui Lu j ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ ~ ~ ...t'".i V ~ ~ ~ :13 ~ ~w v ~ A y a > ab ~ ~ d ~a ~ M ~ ~ •W G G". Ctl ~ a ~ - G O r w • rn G v 4 ~ f/Y ~ ~ L ~ i ~ a N c ~ 7 G ~ ~ -l'l ~ ~ LU ~ 000175 > f ' i.rt h J ~ ' i ~ 9 ~ N C y u 7 ~ J ~ N C NVI J y ~ ~ 0. • R1 n In t'V ~ ~i z !U td U u U s ~ ~ ~ ~ p, ~ • 9 :W 7 y ~ n r f ~ w C f ~ ~ ? a ~ c ~ ✓ ou mi e :i ~ ~'1'' ' TEXAS x * * ~~~~ntrul Nu:'~ LCleparlm,rn.~ M ~ ~ * KKS')*4 ~ \ ~aw FMalili :.y,m * # 'h Deprrtmenl nf Sl;ite Health Sen iccv cc,-iire.r• thar. DAViD C GABLE is Licenyed us an: A.vhcsrns Prujf•i•l Lirense Nurnber: 501134 Frurn : 09/06/2005 To: 5 09!0 )/2007 000176 ~ W V ~ W ~ ~ ~ ~ W ~ W ~ ("'r ~ W a ~ z ~ a ~ ~ • a ~ ~ O ~ s o H ~ ~ M ~ o ~ a U ~ ~ c ~ ~ ~x ~o ~ m ~ q r ~ p„ u C w ~ K Ln~ p r L ~ O v ~ CI] ~ C y ~ z 86 ~ 0.~~ ~Lo w w^ u V A_. i ~ ~ ~ g ~ 1 00017 7 IM k. u c m 'a ~O > = ~ 'R W r- ~i al