lY ! NI it I 1 Y ORDER N0, X5779 APPROVE CONTRACT APJD REMOVAL OF ADDITIONAL ASBESTOS ABATEMENT BY .7UPE COMPANY, INC. On the c^cnd of February 1'399, upon motion made by Commissioner Griffin, seconded by Commissioner Let:, the Cnur•t unanimously approved by a vote of 4-0-@, the contract in the amol_int of ~c4, 99Q~. 00 with J~.ipe Company, Inc. for the pl_irpose of asbestos abatement. Contract is in substitl_ition for contract previol_isly approved by this Col_tr•t, cost increase dl_te to finding need for• additional removal. 11 i pl W ; I I L. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Keith Longnecker OFFICE: Owner's Rep. for Construction Consulting MEETING DATE: February 22, 1999 TIlVIE PREFERRED: 11:OOA.M.+/- SUBJECT: (PLEASE BE SPECIFIC) To consider and discuss services by Raba-Kistner, Consulting Engineers for additional Asbestos Abatement. Results from recent asbestos testing revealed positive and indicated need for additional removal than approved at February 8, 1999 Commissioners' Court Meeting. Back-up to follow from Raba-Kistner, Mr. Darryl Mazkland, P.E. EYECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Keith Longnecker (Mike Walker, if needed) Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Monday THIS REQUEST RECEIVED BY: THIS REQUEST RECENED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~ hie:kccagend026.wpd IN III N: ~. I A.. FIELD SERVICES CONTRACT (Hereinafter "Contract") BETWEEN JUPE COMPANY, INC., WBE (Hereinafter "Contractor") 711 CULEBRA SAN ANTONIO, TEXAS 78201 AND KERR COUNTY COMMISSIONERS COURT (Hereinafter "Owner") 700 MAIN KERRVILLE, Texas 78028 RAGA-KISTNER CONSULTANTS, INC. 12821 West Golden Lane San Antonio, Texas 78249 {Hereinafter "Consultant") DATE OF CONTRACT: ~ y'9 EXPIRATION DATE: fSQ,a.~.,~, / CONTRACT NUMBER: ~„ oGt~'6w d ~A.D.1~ ~~ ~~~K~~:t~ ,~.L yam, wr• IN I NI N I 1 li. Field Services Contract Agreement Kerr County Commissioners Court The parties agree as follows: ARTICLE I SCOPE OF WORK AND CHARGES Contractor agrees to perform the work (hereinafter "Work") described in the scope of work and to furnish all of the labor, materials, equipment, and services necessary for or incident to the performance of the Work. Contractor shall thoroughly review the description of the Work and shall make a reasonable effort to determine the site and access conditions affecting the Work. Each Addendum to this Contract shall describe a discrete scope of work to be performed on a specific Owner project. Each discrete scope of work will be performed under the terms of the Contract and shall begin within the time frame of the Contract. The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. The Work is defined as: Remove and properly dispose of approximately 9,500 square feet of lay-in transite ceiling tile, 500 linear feet of transite soffit, 5,770 square feet of floor file and underlying mastic, 265 linear feet of black mastic on pipe insulation, and 100 linear feet of black mastic from HVAC ducts Re-insulate the roof drain pipe with 1' fiberglass pipe covering down to the last vertical 90 degree elbow. START DATE: ~~R. ~~. f~~`! / The Contract shall achieve Substantial Completion of the entire Work not later than ,~ ~ 7 ~~~ days from the date of commencement, or as follows: COMPLETION DATE~,~ ~ 7 f~g~ subject to adjustments of this Contract Time ads provided in the Contract Documents. The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Twenty Four Thousand Nine Hundred and ninety Dollars ($24,990.00), subject to additions and deletions provided in the Contract Documents. Unit proces, if any, are as follows; Transite Ceiling Tile: - $1.50 per square foot Transite soffit -$ 3.00 per square foot Field Services Contract Agreement Kerr County Commissioners Court PAYMENTS A single payment upon completion of abatement shall be paid to the Contractor by the Owner. The request for payment shall be certified by the Consultant. ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents except for Modifications issued after execution of this Agreement, are enumerated as follows: Basic Bid Form FAX Bid for Additrional Asbestos Material to be removed 2 The Supplementary and other conditions of the Contract are those contained in the Specifications and are as follows: Section Title 01010 Summary of Work 01027 Applications fo Payment 01300 Submittals 01510 Temporary Utilities and Facilities 01530 Barriers and Temporary Controls 02080 Removal of asbestos Containing Materials ARTICLE li PERMITS & LICENSES The Contractor certifies that it is properly licensed in the governmental jurisdiction where the Work is being performed and that it has obtained permits, business licenses, and such other documents which may be required by the appropriate govemmental authority. Contractor shall indemnify and hold harmless Owner from any penalties, fees, or other charges levied because of the failure of Contractor to conform to the provisions of this Article. ARTICLE III INSURANCE Contractor agrees that it now carries, and will continue to carry during the performance of this Contract, insurance with limits at or above those described below. Prior to the commencement of the Work, Contractor shall provide Owner with certificates of insurance evidencing the required insurance. Such certificates shall be issued by an insurance carrier(s) acceptable to Owner and shall be endorsed to include: (1) thirty (30) days prior written notice of cancellation or material change in any of the coverages; and (2) a waiver of subrogation as to Owner by Contractor's Worker's Compensation insurance carrier. No payment for work completed will be made until these certificates are received. Ip 1 NI N ! 1 N Field Services Contract Agreement Kerr County Commissioners Court MINIMUM REQUIRED INSURANCE 2. 3. 4. 5. Worker's Compensation Employer's Liability Comprehensive General Liability' a. Bodily Injury Statutory $ 500,000 $1,000,000 per occurrence $1,000,000 aggregate b. Property Damage $1,000,000 per occurrence $1,000,000 aggregate Comprehensive Automobile Liability for Owned and Rented Vehicles a. Bodily Injury $1,000,000 per occurrence $1,000,000 aggregate b. Property Damage Asbestos Liability $ 500,000 per occurrence $ 500,000 aggregate $1,000,000 total aggregate (occurrence type) 3 'Including XCU (explosion, collapse, and underground) hazard coverage and premises operations, independent contractors, products completed operations, broad form contractual, personal injury (with employee exclusion deleted), and broad form property damage coverages. In the event Contractor fails to obtain or maintain any insurance coverage required under this Contract, Owner may terminate this Contract for cause. Contractor shall include the above insurance requirements in its sub-subcontracts unless Owner consents in writing to a deviation. ARTICLE IV INDEMNIFICATION To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and save harmless Owner each of their agents and employees from all liability, cost, expense, including attorney's fees, against any and all claims, demands, judgments,. loss or damages on account of injuries, diseases, or death to any person, including Contractor's employees, or damage to property, or any type of injury, damage, or loss whatsoever arising directly or indirectly out of or in connection with willful misconduct or negligent pertormance or other breach of obligation hereunder by Contractor, its employees, sub-subcontractors, suppliers, and agents. If the party to be indemnified was guilty of active negligence which contributed to the claim, loss, damage, injury, or liability, then indemnification shall be on a comparative basis under comparative negligence principles. IY I GI N 1.1 11. Field Services Contract Agreement Kerr County Commissioners Court ARTICLE V HEALTH AND SAFETY 4 Contractor shall be solely responsible for health and safety procedures and shall comply, and secure compliance by its employees, agents, sub-subcontractors, and its other invitees to the job site, with applicable health and safety laws and regulations, including, without limitation, applicable state and federal OSHA standards, with any Site Health and Safety Plan issued by Owner, and with Client's rules and regulations concerning health, safety, and security. Contractor agrees to furnish, install, and maintain protective devices, clothing, barricades, flagmen, lights, and other items as required for the Work by applicable laws, regulations, and Owner's rules and regulations or plans, and to ensure that such items are properly used by its employees, agents, sub-subcontractors, and other invitees of Contractor at the job site. ARTICLE VI USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the project site or other areas identified by Owner for such use, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by Owner. Contractor shall restore to original condition all property except those areas which are altered or modified as part of the requirements under this Contract. ARTICLE VII SUSPENSION AND TERMINATION Whenever Owner requests Contractor to suspend or terminate all or any part of the Contract Work, Contractor promptly shall comply with the request until notified by Owner to resume the Work. Contractor shall take proper and adequate measures to protect the Work during any suspension period, including the maintenance of safety devices, barriers, etc., and shall resume the Work promptly after being notified by Owner to do so. Contractor shall be compensated for actual Work completed prior to the suspension, or termination, plus reasonable costs actually incurred by Contractor as a result of the suspension. ARTICLE VIII INDEPENDENT CONTRACTOR. NON-ASSIGNMENT, AND SUB-SUBCONTRACTS Contractor shall operate as, and have the status of, an independent contractor and shall not act or be an agent or employee of Owner. The Contractor acknowledges that this Contract is not assignable. This Contract shall insure to the benefit of, and shall be binding upon, Owner and iu ui u i , u ; Field Services Contract Agreement 5 Kerr County Commissioners Court Contractor and their respective successors and assigns. None of the Contract Work may be subcontracted by Contractor without the prior written approval of Owner. ARTICLE IX AUDIT For two (2) years after completion of the Work, or such longer times as may be required by the Contract, authorized representatives of Owner shall have access, at all reasonable times, to Contractor's personnel job descriptions, books, record, correspondence, instructions, plans, drawings, receipts, vouchers, data stored in computers or on storage devices, and memoranda of every description pertaining to the Contract Work, for the purpose of auditing and verifying the accuracy of costs and hours relating to the Contract Work for which Owner is to credit Contractor hereunder or for any other reasonable purpose. Owner representatives shall have the right to reproduce any of the information referred to above. ARTICLE X CONFIDENTIALITY Contractor shall not disclose any information concerning this agreement or the Work involved to any third party without first obtaining written consent of Owner. ACCEPTANCE: IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives, as follows: CONTRACTOR es~ ~~-~- Title Date of Signature KERR COUNTY COMMISSIONERS COURT ,~ ~~~ 7~~ Title ~2/9P Date of Signature ~'~ ~i ~lr~ ~ e -- ~ Fz ~ ~ 2.~p ~cA Typed Name Typed Name 81D FORM PROPOSAL: .1upe Canpany, Inc- (Name of Bidder) TO; County of Kerr 700 Main Street Kerville, Texas 78028 FOR: Asbestos Abatement -Kerr County Courthouse Annex Dear Owner. The Bidder named herein ("Bidder, in compliance with the Invitation to Bidders and Instructions to Bidders for the Asbestos Abatement -Kerr County Courthouse Annex for the County of Kerr, Texas ("Owned, having visited the Project site and carefully examined the Project and all other Contract Documents (as Drawings, Specifications, Addenda Nos. None offers to enter into a contrail to furnish all such term is defined in Instructions to Bidders), hereby, ertnits taxes labor, materials, tools, equipment, transportation, machinery, supplies, insurance, p and services necessary to complete the Work in accordance with the Contrail Documents, within the time set forth herein, and at the stated herein. The Bidder fully understands the intent and purpose of the Contrail Documents and the conditions of bidding as set forth herein and in the Invitation to Bidders and the Instructions to :Bidders. The Bidder hereby covenants and agrees that claims for additional compensation or extensions of time because of Bidder's failure to familiarize itself with the Contract Documents or any condition at the Project site which the might affect the Work will not be allowed. 1. Base Bid of: The Bidder agrees to execute all of the Work of the base project described in the Drawings, Specifications and other Contract6D~ ~ents,forln use ofoa gi,acteen Zhcusand Two Hundred and t'IO 1100 DOLLARS ($ difference in written words and figures in this Bid Fonn, the amount stated in written words shall govern. 2. Unit Prices: The Bidder agrees that the Base Bid and/orthe Alternate bid shall be adjusted by the amounts indicated below for each additive alternate which is accepted by the Owner, and by the unit prices indicated below: Unit Price No. 1: 1.50 PER SGIUARE FOOT Transite Ceiling Tile: ~ ~--- TRANSITS SOFFIT 8 3•~ PER SQUARE FOOT 3. Time for Completion: If awarded the Contrail, the bidder agrees to commence the Work on February 8 no earlier than 8:00 a.m., and to achieve Substantial Completion of the Work on or before 7:00 P.M. , 12 February 1999. 5 Itl I III II 1 M' 4. Contractor's Personnel: The Bidder agrees to employ the fallowing individuals for the entire duration of the Work the positions indicated, and agrees not to remove them from the Work nor replace them with others except as otherwise allowed in the Contract Documents or approved in writing at by Owner. Project Manager. ~ L. Jupe Project Superintendent Art A'lartinez FFal.ter Goodwyn Jr. Project Clerk: >~ ~~ 6. Representations: By execution and submission of this Bid, the Bidder hereby represents and warrants to Owner as follows: (a) The Bidder has prior experience on construction projeC.s of the same or similar type, nature and class as the Work for the Project {b) The Bidder has read and understands the Bid Documents and the Contract Documents, and this Bid is made in accordance with the Bid Documents. (c) The Bidder has inspected the Project site, is familiar with the local conditions under which the Wor1c is to be performed, and has correlated the Bidder's site observations with the requirements of the Contrail Documents. (d) To the fullest extent permitted by applicable law, the Bidder waives any claim it has or may have against the Owner, the Architect/Engineer, and their respective trustees, officzrs, shareholders, directors, partners, agents, contractors, consultants and employees arising out of or in conneilion with the administration, evaluation or recommendation of any bids; waiver of any requirements under the Bid Documents or the Contract Documents; acceptance or rejection of any bids; and the award of the Contract 7. Attached Schedules: The follcwing Schedules are attached to this Bid Form and incorporated herein: Schedule 1 - Contractor's Qualification Statement (AIA Form A30~ Schedule 2 - Felony Conviction Notification Schedule 3 - Hoid Harmless Agreement BIDDER: Ian L. 6 u W.. ~. x. SCHEDULE2 FELONY CONVICTION NOTIFICATION THlS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge: VENDOR'S NAME: Jupe canpeny, Inc. AUTHORIZED COMPANY OFFICIAL'S NAME (printed): inn L. Jupe A. My firm is a publicly-held corporation, therefore, ep ing requirement is not applica'='e. Signature of Company Official: _ B. My firm is not owned nor operated by any ~ has bee nvicted of a felony. .. Signature of Company Official: C. My firm is owned or operated by the following indw(dual(s) who has/have been convicted of a felony: Name of Felon(s): None Details of Conviction(s): None _ _ Signature of Company OfficiaC~ Date: January ~ , ~ 9 ~ 1 iu ulG. I,, G. ; ~' SCHEDULE3 HOLD HARMLESS AGREEMENT The Contractor shall defend, indemnify, and hold harmless, Ken- County Court and all of its trustees, officers, agents, and employees from and against all suits, actions, or daims of any character brought for or on account of any injuries or damages (inducting death) received or sustained by any person or property on account of, arising out of, or in connection with, any negligent act or omission of Contractor or any agent, employee, subcontractor or supplier , of Contractor in the execution or performance of the Contract for Asbestos Abatement -Kerr County Courthouse Annex. The Contractor shall also defend, indemnify and hold harmless, Ken- County Court and all of its trustees, officers, agents and employees, from and against daims by any subcontractor, supplier, laborer, materialman or mechanic for payment for work or materials provided on behalf of the Contractor in the performance of the Contrail and ap such daimants shall look solely to Contractor and not Kerr County for satisfaction of such daims. This Hold Harmless Agreement shall be binding upon the undersigned, and its successors, legal representatives, heirs and assigns. DATED this ~ day of January . 19 99 CONTRACTOR: Jape Ca anv, Inc. ay: _ e: Lhn L. J Title: Presi t STATE OF TEXAS COUNTY OF 1 ~p,~R This instrument was acknowledged before me on the 22 day of January 19 ~ by _ >~n L. June President of June Co. , Inc a Texas ~~OR , on behalf of said ~~~~ Not Public, State o Texas ~Y ' ~~i Conr~~ T~ 02 1 02118/19°.°_ 16:06 21J7349222 JUPE COMPANY INC PAuE 01 FAX TRANSMISSION JUPE COMPANY, INC. 711 CL'LESRA SAN ANTONIO, TEXAS 78201 INSULATION DIVISION (210)735-8882 ENS~IR0~IMENTAL AIVISION (210) 7 34 - 3119 ~'~X~ (2.10)734-9222 COMPANY : y, ~ ATTENTION: - ,Qc:,..r- .l1~ct-r /C~ic..,~ PROJECT : E; r t,. ' w s FAX NUMBER: - ~o ~ Z QUICLX MESS~A,,/G_E/: [~o-//+-rr.- / -- /J~//~'r' c ~ •- ~' ~c~RF+ ~1-t'`~-n ~ ~1' ~1' ~/~- ~ //SPY' /jQ.~,I'4~+ O h 7/` ~ ~ / ~d'Di"' ~ir~~o•" r s .7'70 .~L r T~ ~e uie or ~'J'?a~/. c ~ ~ •s ~/ice ~+ / J T /6 zoo Pn~c~ /o} ~~Q/ ~~ ,r~~ec,'~ ~ ~ ~~ ~~ d ~.~c%~rs ~d ~ t~s o.. ~0~ 4/ ~ g~'e G~ FROM:~?j~: e POSITION : y~,~, ems„ ~ Q n DATE: ~ f ~. ORIGINALS WILL BE FORWARDED? YES NO ~/ NUMBER OF PAGES (INCLUDING COVER}:~~_ .THE. FOLLOWING INF~RMATTON IS INTENDED FOR THE SOLE USE OF ~'HE INDIVIDUAL T,,ZSTED ABOVE. IF THIS FAX zS NOT RECEIVED IN FULL, PLEASE CONTACT. OUR OFFICE. fe .~ P~ Vie. ~~~s~c.l~..7'c ~~Q /~ ~~- /7~^a.~ %~ ~ ~~~ .u-, %f~ / ~, ~p:-y /K -ss ~P~ C v~e~ ~~ ~o w., 7`~ f~~ L a.~~' fi`Pr 1~i ~ ct 90 Q~1 ~. 15. Special HandlinglnstructionsandAdditiona~formation~if OSr~ uf/~ [ ,~ ~C~r~~~ ~~s1/ «~ n~ /+?1L.~M2 3~ Ti9G/ 3 LS /3~~6)~ oc- o~~~ h~,~J/.:~1 ~1a..1 T~ .~ `d r ___.. 1 RATOR'S CERTIFICATION: I hereby eclar at the tents of this consignment are fully and accurately described above by proper shipping name and are classified, packaged, marked, and labelled/placarded, and are in all respects in proper condition for transport by highway according to applicable international and national government regulations, including applicable state regulations. If I am a large quantity generator, I certify that I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined [obe econonilcally practicable and that I have selected the practicable method of treatment, storage, or disposal currently available [o me which minimizes the present and future threat to human health and the environment; OR, it 1 am a small quantity generator, 1 have made a good faith etfort to minimize my waste generation and select the best waste management method that is available to me and that I can affor Pr'ntedffy ed Name Si re Month Day Year ' ) ~A T 17. Transporter 1 Acknowled ement of Receipt of Materials Date a P ' yped N Sig Month Day Year N / S o ransporter 2 edgement of Receipt of Materials Date R ri d/Typed N / ature Month Day Year E R 19. Discrepancy In (cation Space F. A C I ~ 20. Facility Owner or Operator: Certification of rec f h r ous ma ri Is cover . 's manifest except as noted i~ Item 19. 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