20-TASCO close out contract for asbestos abatement of One Oak PlaceCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originaring Department:
Presented By:
Agenda Item No.:
9/25/2009
Council Date:
City Council
Shawn Napier, P.E. City Engineer
20
9/28/2009
/Director of Public Works
RECOMMENDED MOTION:
Move to approve final payment and closing of the Total Abatement Systems agreement for the asbestos
abatement of One Oak Place and authorizing the City Manager to negotiate and execute all necessary
documents.
POLICY ISSUE(S):
Agreement
BACKGROUND:
This is the contract close out for Total Abatement Systems (TASCO). The contract is in the amount of
$127,000 and they have been paid $114,300 (90°/a) to date. The remaining $12,700 will be paid if
Council approves this contract close out.
According to Brady Environmental (the City's project manager), TASCO removed 130,000 square feet
of asbestos containing materials throughout the five apartment buildings. Approximately 15,000 square
feet of asbestos containing material remains was not included in the totals to be removed because the
portions of the building are not structurally sound due to the existing fire damage. These units must be
handled in accordance with the NESHAP guide lines during the demolition phase of the project (similar
to the way the Casa Bonita buildings were handled).
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$ 127,000.00
❑ Department Report Z Resolution
Budgeted Amt.
$ 127,000.00
❑ Presentation ❑ Ordinance
y'I'D Actual
$ 114,300
❑ Public Hearing ❑ Other
Acct. Name
Demolition of One Oak
Acct. Number
11-03-3040-00
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administtation 0 City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
DRAFT
attorney\ reswork\current\ Tasco Asbestos Abatement Contrad - Final Pmt & Release 2009
RESOLUTIOIV 1110.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING FINAL PAYMENT AND CLOSING THE CONTRACT FOR THE
ASBESTOS ABATEMENT PROJECT THE ONE OAK PLACE BUILDING
LOCATED AT 655 GRAHAM STREET IN THE CITY OF PARIS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBjECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 271h day of
April, 2009, in Resolution No. 2009-043, award the contract for the for the removal of
asbestos at the building known as the One Oak Place Building located at 655 Graham Street
in the City of Paris to Total Abatement Systems Corporation (TASCO) of Royce City, Texas;
and,
WHEREAS, the City Engineer, has received the Contractor's Waiver and Release of
Lien and recommends that final payment be made and the closing of the contract for said
project based upon the completion of said asbestos abatement project; and,
WHEREAS, the final payment to TASCO and the closing of said asbestos abatement
contract should, in all things, be approved and the City manager should be authorized to
execute any necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby
in all things approved.
Section 2. That final payment to Total Abatement System Corp. be approved and
the closing of the Contract for the Asbestos Project at One Oak Place Building be accepted
upon receipt of an executed Final Payment and Release of All Claims Affidavit by TASCO.
Section 3. That the Ciry Manager be, and he is hereby, authorized and directed
to execute, on behalf of the City of Paris, any necessary documents.
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 28th day of September, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
09/14/2009 12:33 9727716825 TASCO PAGE 62/02
k'INAL GERTIFICATE, VIIAIVER AND RELEASE OF LIEN BY
CONTRACTOR
STATE OF TEXAS
COUNTY OF ROCKWALL
$127,040.00
In consideration of~ne Hundred Twenty Seven Thoue~id dollars, which is
the tvtal sum due for the work fucnished through the effeetive date at, for OI3E OAK PLACE
655 GRAHAM ST - PARIS TX for CITY OF PARIS .
And other good artd valuable consideration, the rxeipt and suificiency of whicb is ackitowledged
and confessed, the undetsigncd does hereby waive and release any mcchanic's or materiai man's
licri or claims of lie7n, including any constitutional licn or claim thercto, that the undenigned has
or may hereaRer havc on the sbovc mentioned reai propcrty amd/or imptovcments thereon on
account of any wock fumished on or before September S , 2009 (the effe,ctive date), by
the uadetsi$ned, pursuant that the above nated corrtc~ct or oklacrwise.
The tmdersigncd furthet certif►es and warrants that thcre are no known mechanids or materia)
mcn's iiens outstanding as of the date hercof, that all due payable bills incurted for labor or
rtiaterial and/or equipmcnt with respect to the work have becn paid izx full.
TOTAI. ABATEMENT SYSTEMS CORP
C ttactor upplier
sy
vP
Title
5TATE OF TE?C,F1S
COUNTY Of ROCRWALL
BEFORE ME, the uadersigned, on this day personally appcared JACR MORR of
Tota]. Abaternent 5ystems Colcgown tv me to bs the person whose name is subscribed to thc
forcgoing instrument and acknowledged to me that itc or shc has executed the samE for the
purpose and tons'sdetativn and tk►at ali infarmation is true and correet.
GIVEN under my hand and scal this 8th day of Se tember 2009.
Notary Sea1: (4 4
Notary Public Signature
~""KIM CARNES
Nmarv Pudic. Srote ot Texes KIM C,~RNES
My Commison EKpres Printed Name
februory 22, 20i2
ExHiBir .A