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R2002-0118 08-12-02 RESOLUTION NO. R2002-'118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for demolition services associated with the FEMA Buy-Out Program, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Vanco Abatement and Demolition, in the amount of $46,300.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for demolition services associated with the FEMA Buy-Out Program. PASSED, APPROVED and ADOPTED this the 12 day of August ., A.D., 2002. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR CITY OF PEARLAND STANDARD SERVICES CONTRACT Exhibit Resolution No. R2002-118 This Agreement is made between the City of Pearland, Texas (hereinafter the "City"), and Vanco Abatement & Demolition Corporation (hereinafter "Contractor") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Contractor: Description of Services: Maximum Contract Amount: Contract Begins: Contract Ends: Attachments: Vanco Abatement & Demolition Corporation. Demolition Services Associated with the FEMA Buyout Program $46,300.00 Upon Execution Upon Termination Exhibit A: Project Manual 'for Removal of Asbestos Containing Materials and Demolition of Phase VII Residential Properties 2. Services and Payment. The Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services shall be due and payable upon submission of a statement of services to the City. Statements for services shall not be submitted more frequently than monthly. 3. Term and Termination. This Contract term will begin upon execution by both parties. The City may terminate this Contract at any time by providing notice to the Contractor via certified mail to that party's last known address. The City shall pay the Contractor for all services rendered to the date of termination. 4. Liquidated Damaqes. City and Contractor agree that Section 02060 Demolition/Debris Removal, subsection 1.02(c) of the Project Manual, attached hereto as Exhibit "A" and also referred to as RFB/R: 2001-055, shall be amended to read as follows: Failure to complete the required demolition of each residential property within the five days allowed may result in the contractor being back charged Liquidated Damages in the amount of $1,000.00 for each day required over five days per site. Abatement not completed in the number of work days established will result in the contractor being back charged for additional environmental consulting fees required. 5. Indemnity. The Contractor shall indemnify, defend, and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising from or caused by any act or omission of Contractor, its officers, employees, agents, or subcontractors, in performing its obligations under this Contract. 6. Assiclnment. Contractor shall not assign this Contract without the prior written consent of the City.. 7. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 8. Conflicts. In the event of a conflict between the attachment and this contract, the language in the attachment shall govern, but only to the extent of such conflict. 9. Law Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 10. Entire Agreement. This Contract represents the entire agreement between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. 11. .Dispute resolution procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. EXECUTED and EFFECTIVE this the ~"~ day of ~,L~ ,2002. STATE OF TEXAS § COUNTY OF § _.I3E. FO .R~.~_~ the4~undersigned Notary Public, on this day personally appeared i(7} (! ~.~~_o~,._~ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. ¢, GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ¢,¢-~?~ DAY OF , A.D., 2002. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: PIQ-T'¢...,'c.--i ~ ¢' L~;t ~ My Commission Expires:"~l~-c--A.-~ .D-c¢-3 STATE OF TEXAS § COUNTY OF /,,r.. ~or,~_..~ § BEFORE ME, the undersigned Notary Public, on this day personally appeared /Gcc?/ _~Lf~ ~ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. ~?z~IVEN UNDER MY HAND AND SEAL OF OFFICE THIS ¢ DAY OF "'----dqOTARY PUBLIC IN AND FOR THE PERLA N. LEHMAN Notary Public, State of Texr:~ My Commission Expires:, APRIL 2, 2005 STATE OF TEXAS Printed Name: My Commission Expires: Jul 30 02 10:2Ga p.1 BAyenvironmental, inc. asbestos/mold & environmental services July 30, 2002 Gordan Island City of Pearland Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 RE: FEMA Residential Buyout Program Proposal Review Phase VII Dear Mr. Island: Pursuant to your request, Bay Environmental, Inc. has reviewed the apparent low bids submitted on July 25, 2002 for the subject project. irmed The apparent low bidder, Vanco Abatement & Demolition co s telephoned was the sub- ontraclt demolditioet project duration, ARU fees and sewer tap removal and repair. contractor on Phase III and the demolition contractor on Phase V and front all indications has completed or is completing those phases successfully. Env Based on our review of the proposals submitted and Vanco s recent formancew U ddBaVanvi Abatronmentaentt& c. has found no objections with awarding the contract to the apparent Demolition in the amount of $46,300.00. Should there be any questions, please call us at our new number (713) 729-2533 or on my mobile phone at (713) 254-5052. Sincerely yours, BA ENVIRONMENTAL, INC. Stephen R. (Randy) Wev, AIA. President & Director of Operations SRW/scm 2816521668 cc: Chris Kidwell Vanco I1,o\ 7fOJflQR PROJECT NO. B-22614 BID FORM Section 00300 EXHIBIT A BREAK DOWN OF COSTS PHASE VII (Square footages are as shown on tax records or as measured by Bay Environmental, Inc., contractor shall be responsible for verification of square footage) BASE BID PHASE VII: Eight (8) residential properties: LOCATION SQUARE FOOTAGE 3442 Lethbridge 1944 3208 Regal Oaks 1800 2816 Neches River 2200 5411 Camden 1850 3202 Regal Oaks 3000 3430 Lethbridge 2800 1141 Nancy 1600 1911 Sleepy Hollow 2800 ABATEMENT COST 1)a50,00 N/A 3, Soo 314 oo , 560.00 %G0,bo 4, S60 bO 00 Cost for fill grading and/or removal on specified properties Other than listed above (see Addendum No. 1) DEMOLITION COST 3) 3bo.e 3,50o.bo 3) (>oo. Oo ei) rco.00 3p00. 00 [Ob•40 3) Ioo. co S isoo.bo TOTAL COST 3,Soo .06 3cei.eo (0,(400 , DO 706.0o I,7oo,00 C,J 00 .60 401300 ,D 0 PROJECT MANUAL BAY JULY 18, 2002