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HomeMy WebLinkAboutContract 32071 CITY SECRETARYf - CONTRACT NO. �.' 9 CONTRACTs 1 . BETWEEN r CITY OF FORT WORTH AND MIDWEST WRECKING COMPANY OF TEXAS, INC. PROJECT # DEM05-04:ER-ASB/DEMO FOR REMOVAL AND TRANSPORTATION OF ASBESTOS CONTAINING MATERIAL AND SUBSEQUENT DEMOLITION OF VARIOUS STRUCTURES WITHIN THE EVANS/ROSEDALE CULTURAL DISTRICT ' e i JULY 2005 � 1L FORTWORTH NOTICE OF CONTRACT AWARD Dated: June 20, 2005 TO: Brian Choate Midwest Wrecking Company of Texas, Inc. P. O. Box 161819 Fort Worth, Texas 76161 PROJECT: REMOVAL AND TRANSPORTATION OF ASBESTOS CONTAINING MATERIAL FROM 822 MISSOURI, 708 EAST TERRELL AND 710 EAST TERRELL, AND 717 EAST TERRELL This letter serves as notification that your proposal has been considered, and you have been selected as the successful bidder for the referenced project. The total not-to-exceed amount authorized for payment by this contract is $42,952.00 ( forty-two thousand nine hundred fifty-two and no/100). Three sets of Contract Documents accompany this Notice of Award. 1. You must deliver to the City of Fort Worth at the Department of Environmental Management Administration, 908 Monroe Street, 7th Floor, Fort Worth, Texas 76102-6311, three fully executed counterparts of the Agreement, including all the Contract Documents no later than 5:00 p.m. on Thursday, June 30, 2005. The President or Vice President of the Corporation must sign each of the Contract Documents. 2. You must provide standard insurance certificate form(s) or ACORD form(s) for this project as specified in the contract (including the provisions related to naming the City of Fort Worth as an additional insured party) as part of the contract documents. 3. You must complete and have notarized in each contract document the "Contractor Compliance with Workers' Compensation Law" form certifying the Contractor provides workers' compensation insurance coverage for all of its employees employed on the City of Fort Worth Department of Environmental Management Project No. DEM05-04:ER-ASB/DEMO. 4. You must deliver with the executed Agreement the Payment Bond (Contract Security) on the forms enclosed in each contract document. Should you have any questions, please call me at (817) 392-6102 4,,-C41 Shirley Y. Hoover Contract Services Administrator ENVIRONMENTAL MANAGEMENT DEPARTMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102-6311 817-392-6088 * FAX 817-392-6359 * www.fortworthgov.org/dem Jr Printed on recycled paper CITY SECRETARY �� CONTRACT NO. STATE OF TEXAS § CITY OF FORT WORTH COUNTY OF TARRANT § CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION FOR STRUCTURES LOCATED WITHIN THE EVANS/ROSEDALE CULTURAL DISTRICT AREA OF FORT WORTH, TEXAS This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant County Texas, ("City"), acting through Libby Watson, its duly authorized assistant city manager, Midwest Wrecking Company of Texas, Inc. a Texas corporation, acting through &111 vk C tl�w v - its duly authorized president/vice-president ("Contractor"). WHEREAS, the City desires to conduct a project to removal of asbestos containing material and subsequent demolition of certain identified structures located within the Evans/Rosedale Cultural District in Fort Worth, Texas; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such asbestos removal, transportation, disposal and demolition; and WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such an asbestos removal, transportation, disposal and demolition project. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Asbestos shall mean the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one percent or more of any of those substances. Asbestos-Containing Material (ACM) shall mean materials or products that contain more than one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart E, Appendix A. This means any one material component of a structure. Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away i asbestos containing material (ACM). i, City's Representative means the Director of Environmental Management, or the Director's designee. Contract shall mean this document, and the Contractor's Response to the Request for Proposals for Project (DEM:05-04:ER-ASB/DEMO) including the Technical Specifications, attached as exhibit "A" and all ancillary documents. Contractor shall mean Midwest Wrecking Company of Texas, Inc. Director shall mean the Director of the City of Fort Worth's Environmental Management Department. NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos material, (b) Category I non-friable ACM that ,has become friable, (c) Category I non- friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. Substantial Completion means the date when the removal is sufficiently completed in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy the project or specified area of the project for the use for which it was intended. Contract for Removal of Asbestos CRL 06.17.050 Page 2 k 2. SCOPE OF CONTRACTOR'S SERVICES Asbestos Removal and Disposal The scope of work shall include the removal and transportation of asbestos containing material ("ACM") from 822 Missouri, 708 East Terrell and 710 East Terrell, and 717 East Terrell located within the Evan and Rosedale Cultural District in Fort Worth, Texas. A. Contractor shall follow and abide by The Texas Asbestos Health Protection Act in the Texas Occupations Code, Chapter 1954. B. The scope of work includes the removal, transportation and disposal of the following asbestos-containing materials and asbestos contaminated materials in accordance with all Federal, State, and local rules and regulations: Approximately 7,500 ft2 of joint compound associated with finished sheetrock ceilings and walls. All removed joint,.,,compound associated with finished sheetrock ceilings and walls is to be disposed of as asbestos-containing material. All joint compound associated with finished sheetrock ceilings and walls removal is to be completed within a full negative pressure containment, and all debris (supporting metal lathe, fiberglass insulation) generated from the removal is to be disposed of as asbestos-containing waste. Approximately 1,000 ft2 of linoleum flooring. All linoleum flooring is to be disposed of as asbestos-containing material. All linoleum flooring removal is to be completed within a full negative pressure containment, and all debris generated from the removal is to be disposed of as asbestos-containing waste. Approximately 1,320 ft2 of exterior cementious siding. All exterior cementious siding is to be disposed of as asbestos-containing material. All exterior cementious siding removal is to be completed within a full negative pressure containment, and all debris generated from the removal is to be disposed of as asbestos-containing waste. Approximately 1,100 ft2 of vinyl floor tile and associated mastic. All removed vinyl floor tile and associated mastic is to be disposed of as asbestos-containing material. All vinyl floor tile and associated mastic removal is to be completed within a full negative pressure containment, and all debris generated from the removal is to be disposed of as asbestos-containing waste. Contract for Removal of Asbestos CRL 06.17.050 Page 3 Demolition x C. Furnish all tools, labor, equipment and permits necessary to fully complete the demolition of the structures identified in the proposal documents. D. Prior to commencement of work, notify appropriate utility companies to disconnect the gas service lines at the main, the water service at the meter and disconnect electrical service lines at the pole at each location. E. Prior to commencement of any work under this contract, Contractor must obtain a wrecking permit (within seven (7) calendar days after the notice to proceed) to demolish all of the specified buildings at the site from the Department of Development, telephone (817) 392-2222. F. Prior to commencement of any work under this contract, obtain from the Code Compliance Department a written notice to proceed. G. Upon completion of the work, Contractor shall obtain a final inspection on the wrecking permit, from the Building Inspection Division in the Department of Development. H. Protect the work site as necessary with barriers, lights, safeguards or warnings. I. Contractor agrees to protect and leave in good condition all sidewalks and curbs. If before any demolition work is commenced, or heavy equipment is moved to the work site, the sidewalks or curbs are crushed, broken, or in general disrepair, the contractor agrees to take photographic evidence of the condition prior to moving any heavy equipment to the work site. J. Demolish and remove any signs at the site as well as demolish improved surface parking areas. K. Remove all demolition debris, junk, trash, debris and salvageable materials from the site. L. Remove and dead trees and dead shrubs from the site. M. Fill any holes in the terrain resulting from any of the above work with clean fill and grade the entire lot, ensuring that low areas are filled to prevent the pooling of water. N. Sweep dirt and debris from the sidewalk and street that accumulate during loading and removal. Contract for Removal of Asbestos CRL 06.17.050 Page 4 i O. Possess or insure that each vehicle contracted for waste hauling possesses a valid City of Fort Worth Waste Hauler Permit as issued by the Department of Environmental Management-Division of Solid Waste, telephone: (817) 392-5150. P. Clean and remove all debris, trash, rubbish and any other solid waste from the demolition premises to a state licensed disposal site or to a properly permitted landfill site at Contractor's expense. Q. The scope of demolition work includes the demolition of the following structures: 1 . 801 Missouri 2. 708 East Terrell 3. 710 East Terrell 4. 717 East Terrell 5. 901 South Freeway 6. 801 East Rosedale General R. Contractor shall perform, in a good and professional manner, the services contained in this Contract. S. Contractor agrees that it has and will maintain during the term of this Contract, current and appropriate Federal, State, and local licenses and permits to perform the services contained in this Contract. In addition, Contractor agrees to require all of its subcontractors used to perform this Contract to have and maintain current and appropriate federal, state and local licenses and permits to perform the services in this Contract. T. Contractor certifies that it has and will maintain, during the term of this Contract, the required insurance listed in Section 6 during the term of this Contract. U. Contractor agrees that if, during the performance of this Contract, a change or modification is needed in the Contract, Contractor shall notify City and comply with all requirements set forth in Section 24 "Modification." V. In performing the services required under this Contract, Contractor agrees to comply with all applicable Federal, State and local laws, statutes, regulations, environmental requirements, ordinances, and the Building and Construction Codes of the City of Fort Worth. Contract for Removal of Asbestos CRL 06.17.050 Page 5 3. SCOPE OF CITY SERVICES A. City shall coordinate with facilities, City departments, and any tenants for access to the site; $ City shall give timely direction to the Contractor; and C. City shall render decisions regarding modifications to the Contract and any other issue. 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor shall begin work within eleven (11) days of when the Notice to Proceed is issued to Contractor and shall complete all phases of the work within thirty (30) days from the date of commencement. 5. COMPENSATION A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a sum not to exceed $ 42,952.00. The City shall not be liable for any of Contractor's costs in excess of the Not-to-Exceed Amount unless the City has signed and issued a formal Modification to the Contract. B. The unit prices for the removal and disposal of asbestos as well as the employee labor rates shall be as described in Sections 2.5 and 2.6 of the Contractor's Proposal, attached herein. C. Contractor understands and agrees that claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed unless the Contractor can clearly show to City, as determined in the sole discretion of City, why the variation was not identifiable prior to executing this Contract. D. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, except as provided in Section 7 "Indemnification," subsection H. E. Contractor acknowledges that payment will not be rendered by City unless Contractor completes the removal of asbestos as described herein and the work is accepted by the Director. Contract for Removal of Asbestos CRL 06.17.050 Page 6 F. Periodically during the performance of this Contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the € expenses incurred to that time. In the event that the estimate approximates the { "not to exceed" price, Contractor shall prepare to cease its operations unless and until the contract is amended and an authorized representative of the City directs Contractor to perform additional work. G. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement thereof shall be presented to the City. H. In the event that actual expenditures may result in a total cost in excess of the Not-to-Exceed Amount, Contractor must submit a Modification to the contract in accordance with Section 24. 6. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. WORKERS' COMPENSATION INSURANCE: Contractor shall maintain, during the term of this Contract, Workers' Compensation Insurance at statutory limits on all of its employees to be engaged in work under this Contract, and for all Subcontractors. Employer's Liability (EL) Insurance shall also be maintained, at minimum limits as follows: One Hundred Thousand Dollars ($100,000) disease each employee, Five Hundred Thousand Dollars ($500,000) disease policy limit and One Hundred Thousand Dollars ($100,000) each accident. B. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term of this Contract a Commercial General Liability Insurance Policy at a minimum limits of One Million Dollars ($1,000,000) per occurrence with an aggregate of Two Million Dollars ($2,000,000). C. PROFESSIONAL LIABILITY INSURANCE: Contractor shall procure and shall maintain during the term of this Contract Professional Liability Contract for Removal of Asbestos CRL 06.17.050 Page 7 Insurance at a minimum of One Million Dollars ($1,000,000) per occurrence. D. AUTOMOBILE INSURANCE: Contractor shall procure and maintain during the term of this Contract Comprehensive Automobile Liability Insurance covering all Vehicles involved with Contractor's operations under this Contract. The minimum limits of liability coverage shall be in the amount of One Million Dollars ($1,000,000) per accident combined single limit, or Five Hundred Thousand Dollars ($500,000) bodily injury - per person per occurrence and Two Hundred Fifty Thousand Dollars ($250,000) property damage during the effective dates of Contract and any renewal period. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. _ E. The following shall pertain to all applicable policies of insurance (A. through D.) listed above: 1. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." Except the additional insured requirement does not apply to Workers' Compensation policies 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 3. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. Contract for Removal of Asbestos CRL 06.17.050 Page 8 I 4. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of the Risk Manager is required. 5. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. 6. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 7. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. 8. If insurance policies are not written for specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 9. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 10. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have Contract for Removal of Asbestos CRL 06.17.050 Page 9 i f ninety days from the date of notice to comply with the additional requirements. 11. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 7. INDEMNIFICATION A. For purposes of this Contract, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of asbestos containing materials pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, Contract for Removal of Asbestos CRL 06.17.050 Page 10 costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify _ such person or agency for costs expended in connection with this Agreement. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal,, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS,- EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. Contract for Removal of Asbestos CRL 06.17.050 Page 11 C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this section shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder to indemnify City, City shall provide Contractor with reasonably timely notice of same. F. The obligations of the Contractor under this section shall survive the expiration of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. G. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this section. H. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. Contract for Removal of Asbestos CRL 06.17.050 Page 12 1. If the claim concerned remains unsettled at the expiration of the said thirty- day (30) period, out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits r evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six (6) month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. The Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising. 8. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by removing, transporting and disposing of asbestos containing materials. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state, local and federal laws governing its activities. Contractor also warrants that it is under no restraint or order that would prohibit performance of services under this Contract. 9. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this Contract, and during the duration of the Contract, it shall have and maintain current valid and Contract for Removal of Asbestos CRL 06.17.050 Page 13 appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. B. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. 10. TERMINATION A. City may terminate this Contract, with or without cause, by giving ten (10) days written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this Contract under subsection A. of this section, City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this Contract shall become the property of the City when the Contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. 11. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this Agreement, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. Alternatively, if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract Documents, City may notify Contract for Removal of Asbestos CRL 06.17.050 Page 14 Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. D. In the event either party defaults in the performance of any of its obligations under this Contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this Contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15) day period, or if the default cannot be cured, the Contract shall terminate as of the date provided in the notice of default. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. 12. RIGHT TO AUDIT A. City shall, until the expiration of five (5) years after final payment is paid under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions related to this Contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment is paid under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. C. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. Contract for Removal of Asbestos CRL 06.17.050 Page 15 13. MINORITY AND WOMEN BUSINESS ENTERPRISES In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance, Contractor agrees a minimum of ten percent (10%) of the total dollar value of this Contract will be paid as compensation to certified MWBE firms. Monthly reporting is required to the City of Fort Worth — M/WBE Office, 1000 Throckmorton Street, Fort Worth, Texas 76102. Proof of payment for all. invoices from MWBE firms will be required. Final payment to the Contractor under this Contract may be withheld pending MWBE Office approval of documentation. 14. INDEPENDENT CONTRACTOR Contractor shall perform work under this Contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co- employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this Contract, except as outlined in this Contract or as otherwise required by federal, state, county or city law, regulation or rule. 15. NON-DISCRIMINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Contract for Removal of Asbestos CRL 06.17.050 Page 16 16. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 17. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $ 1,000.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. _ 18. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 19. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. Contract for Removal of Asbestos CRL 06.17.050 Page 17 20. NOTICE Notices required to be made under this Contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to Contractor: Name: OA UoeJ—W� �--i un . Q ie� f c Address: PC S ��to( wove `fix Telephone: jg-150a9-'70Q2- FAX: 160(c '��3 21. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. 22. SEVERABILITY The provisions of this Contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Contract, and this Contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Contract. Contract for Removal of Asbestos CRL 06.17.050 Page 18 23. ENTIRETY This Contract, the Contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other Contracts, oral or otherwise, regarding the subject matter of this Contract or any part thereof shall have any validity or bind any of the parties hereto. 24. MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in writing and signed by both parties. This Contract,has.been executed by the parties in triplicate in Tarrant County, Texas on this date, , �t lid q 12005. City of Fort Worth Midwest Wrecking Company of Texas, �r Inc. Li by Watson, Asst. City Manager BY: t�v1 C-V�0r",�Tr— (Ct APPROVED AS TO FORM WITNESS: "- �,-A t?ts� �T, ), �o L21. AssistaiYt City Attorney Name.6tt�yv- U , Title: ATTEST: CORPORATE SEAL: M rty Hendrix, City(S„ebretary Contract kuthorizatiop J Date Contract for Removal of Asbestos CRL 06.17.050 Page 19 PAYPV ET\\\T ll B01\\TD THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, PvHdwest Wrecldng Company of Texas,Inc., a corporation of Texas,hereinafter called Principal and Continental Casualty Company a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of: Fofily-t�=vo thousand nine hundred fifty-ftm ($42,952.00) dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner,dated the day of , 200 , a copy of which is hereto attached and made a part hereof,for the provision of all equipment, labor, materials, superintendence and any other items or services necessary to perform the removal and transportation of asbestos containing material("ACM") from 822 Missouri, 708 East Terrell and 710 East Terrell, and 717 East Terrell located within the Evan and Rosedale Cultural District in Fort Worth,Texas. designated as Project Number DEMOS-04:ER-ASB/DEMO, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good Gany default,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHE that the said Sure for value received hereby stipulates and R, Surety, � Y P agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration ( or addition to the terms of the contract or to the work or to the specifications. l r { t { SS IN WITNESS WHEREOF th- ment is executed in 3 Counterparts each one of which shall be deemed an original,this the �' V day of ,200§, Midwest Wrecking Company of Texas,Inc. Principal(4) ATTEST, �! B y (Princi al) S cretary �I Wt^ (�tAo (Printed Name/Title) (SEAL) P.O. Box 161918 ADDRESS MY/STATE/ZIP P.O. Box 655908 Continental Casualty Company (Address) (Surety) Dallas, TX 75265-5908 ATTEST: (Surety) Secretary By: • � (Attorney-in-Fat ) (SEAL) W D Howell, Jr. �i (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is partnership all Partners should execute bond (S) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact Countersigned by: Texas Resident Agent Dodson-Bateman & Company Dallas, TX 75231 i I'. C �clr c n I i ' �._ Y A NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 } J POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint W.D.Howell,Jr.,Ronald L Harris,Robert Jensen,Vicki Wilson,R Brian Howell,Clint Stone,Individually of Edmond,OK,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of June,2004. �.0 �<1" %NSURgy Continental Casualty Company ��P y �� National Fire Insurance Company of Hartford ' coaPOAAre ;1[. oacwoajq American Casualty Company of Reading,Pennsylvania Z � s JULY 31, �J SEAL 1897 HARD s • Michael Gengler Se ' r Vice President State of Illinois,County of Cook,ss: On this 14th day of June,2004,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELt2A PRICE NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:09N7108 My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE ` I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of Continental Casualty Company GAstl,�<)•J 1MSURggc� o "ofd National Fire Insurance Company of Hartford coa:ORAre ; � PO�arFn American Casualty Company of Reading,Pennsylvania vo a i JULY .i SEAL < � CP - 1897 HARD b • Mary A.Rthikafjkis Assistant Secretary Form F6853-11/2001 CONTRACTOR COMPLIANCE UVITC WORKERV OOMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Port Worth Department of Environmental Management Project No. DEM05- 04:ER-A30/DEM0. Midwest WrecI o�iipa CorA Mkt ®f Texas, Inc. By: Title Date STATE OF TEXAS § COUNTY OF TARRANT § Befo a me, the undersigned authority, on this day personally appeared 2*1Pv'\ U400MC-- , known to me to be the person whose name is subscribed to the foregoing instrument, pnd acknowledged 'toe that he executed the same as the act and deed of Kk u->NtJL`4-,�vk &, at 'T--eye �r—zC for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this Z? day of Iv , 20 o�C�o�PRY pClx-cNotary Pu lic in and for the State of Texas SOF ��i •°°°•.EXPIRES••°° �� TAT CQf?DM CERTIFICATE OF LIABILITY INSURANCE 06/Im 24/2005) PRODUCER (405)341-8330 FAX (405)340-6784 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Howell-Stone Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 5010 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Edmond, OK 73083-5010 ss INSURERS AFFORDING COVERAGE NAIC# INSURED Midwest Wrecking Co. of Texas INSURERA: National Fire Ins. of Hartford 20478 P. 0. Box 161819 INSURERB: Valley Forge Insurance Company 20508 Ft. Worth, TX 76161 INSURERC: Continental Casualty 20443 INSURERD: Transportation Insurance Company 20494 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MM INSR DD'LTR INSRTYPE OF INSURANCE POLICY NUMBER POLICY1 M/DD[YYI EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY C2064109097 08/16/2004 08/16/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE rX OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY C2064109102 08/16/2004 08/16/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY B $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY C2072802793 08/16/2004 08/16/2005 EACH OCCURRENCE $ 5,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 5,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC2072802809 08/16/2004 08/16/2005 X I WC STATU- OTH- EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - -- - - PROJECT: Removal and Transportation of Asbestos Containing Material and Subsequent Demolition of Various Structures Within the Evans/Rosedale Cultura7. District'_ _ SEE SUPPLEMENTAL PAGE FOR ADDITIONAL INSUREDS AND WAVIER OF SUBROGATION til l CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MX X5 MAIL City of Fort Worth 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Environmental Management Department KI xKbYAXUXXX& CNXWWUXXX)tLVAUXXX116XIKIXIIXX 908 Monroe Street, 7th Floor d1XA(rX"XxAxxx9?("xm)txxdk"iCx"xx Lw4xxXXXXXXXXX Fort Worth, TX 76102-6311 AUTHORIZED REPRESENTATIVE W. D. Howell Jr./KR ACORD 25(2001/08) ©ACORD CORPORATION 1988 City of Fort Worth Certificate issued to City of Fort Worth 06/24/2005 Howell-Stone Insurance, Inc. 06/24/2005 General Liability, Automobile Liability and Umbrella Liability include "The City of Fort Worth, its officers, agents, employees and representatives" as Additional Insureds. Such Insurance shall be primary to any other insurance that may be available to the Additional Insureds. Workers Compensation, General Liability, Automobile Liability and Umbrella Liability include Waiver of Subrogation in favor of "The City of Fort Worth, its officers, agents, employees and representatives". "This insurance shall not be canceled until after forty-five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. rSIIJ :icy �n� UL�� / � 2j WT JECKLISI � All B/d Docunnants. including this Checklist, should beoonmpleted infull and � submitted in a scaled envelope in the order requested, to be considered as a | ^ responsive submittal. Bid Documents Initial if Included 1. BID DOCUMENT CHECKLIST � 2. ACKNOWLEDGE REQUEST FOR BID ADDENDA 3. MINORITY and WOMEN BUSINESS ENTERPRISES 4. BONDS | / 5. BID SUMMARY fi UNIT COST ESTIMATE 7. LIST DFSUBCONTRACTORS � 8. VENDOR'S COMPLIANCE TC) STATE LAW 8. INSURANCE CERTIFICATES 10. CONTRACTOR'S LICENSES AND CERTIFICATES / 11. CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY 12� C()NTRACT()R'SC)UAL|F|CAT|{}NS/EXPER|ENCE � 13. CONTRACTOR'S WRITTEN DOCUMENTATION 14. CONTRACTOR'S WORK HISTORY W/C|TY 15. BID PRESENTATION COMPLETENESS / V W���������� that all of these ~fenMs will he reviewed, and any ^teyns not included may result in AO\/ Bid being considered non.~ resp U ^ Now— Name Title � ' Section 2.0 [ � 2.2 AC4CNOWLEDCC ln'i�lut< i OF RECEPT tai I'.t ��€�1�_._l- FOR DIV) .-'`i.C�f FN!!.;-';'0 2.2.1 Check if applicable ��.T._.�. The undersigned acknowledges the receipt of the following addendum (a) to the Request for Bid, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 (date received) Addendum Number 2 (date received) Addendum Number 3 (date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Bid. CONTRACTOR: /t YY VoEW—,`Z' By: 5P- A ckwAzi->- Company Name (print or type name of signatory) I q:�t II CI--- Address (Signature) 'rofx' Wow TY 7��l�_L o_r_-o ( City, State, Zip Title (print or type) I I .,iccfloll 2.0 -3 - i ATTACHMENT 1A Page 1 of 4 FOR-r WOR'll-1-i City o ri Foi°tWovih Subcontractors/Suppliers �f�ilLadon Form PRIME COMPANY NAME: Chec applicable block to describe prime WW/DBE NON-MEW/DBE PROJECT NAME: S Hyl /�_vel= f h BID DATE ��avis �e �l�i�al f�/3�w�-/�ca 7�/o• e- City's M1VVBE Project Goal: Prime s MNVBE Project Utilization: PROJECT NUMBER Identify pli ski hconb actors/skipp iers you viii use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MM/BE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or know ing misrepresentation of facts is grounds for consideration of disqualification and w ill result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1s` tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL IVIWBEs VAUST UL CERTHED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous w ith Minority/Women Business Enterprise (WWBQ. If hauling services are utilized, the prime will be given credit as long as the MM/BE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MAA/BE may lease trucks from another M/WBE firm, including MM/BE ow ner-operators, and receive full M/WBE credit. The MMBE may lease trucks from non-MM/BEs, including ow ner-operators, but w ill only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. �r�l t �.L� r i ATTACHMQVT 1A FORT�WUR„TH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-MNBEs. Please list M/WBEfirms first, use additional sheets if necessary. Certification N (check one) n SUBC®NTRACT®R/SUPP UIR T n Company Name i N T I�`� iisAil Address e M W C X Baa&^������T xc ries�;i 41U€ rk �mppli�� t uv"hased UollavAi-nount Telephone/Faze r B B R p E E C T I A co n o 1T; .Z-VI•CeA-tt v Z 1 ! 1 ( 4 i 3 � � � I i 4 I i� i ATTACHMENT 1A FOORT VORIH Page 4 of 4 i Total Dollar Amount of M/VVBE Subcontractors/Suppliers $ �l `Z� ,v-� Total Dollar Amount of Non®M/VVBE Subcontractors/Suppliers $ pow TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Contractor w ill not make additions, deletions, or substitutions to this certified list w ithout the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it w ill affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interview s w ith ow hers, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that w ill substantiate the actual w ork performed by the MW/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contractor debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. ej--, �'�11�v11� Authorized Signature Printed Signature (�v Title Contact Name/Title(if different) Company Name Telephone and/or Fax P 6 V�)"'t" t Ce vib Vq oA'Ijc&�V&�i Address E-mail Address City/State/Tp Date 2.5 BID SUK)IMAR Y` TO THE CITY OF FORT WORTH: The undersigned hereby proposes to furnish the equipment, labor, materials, superintendence, and any other items or services necessary to perform the removal of asbestos-containing materials as identified in Section 1.1 of this Bid Package. All removal is to be accomplished as set forth in the Technical Specifications found in Section 3.0 of this Bid Package. The cost estimates for each line item below shall be for all labor, equipment, materials, disposal, and any and all other costs associated with the performance of that line item under this Contract are: Removal of approximately 7,500 ft of joint compound $ r A associated with finished sheetrock ceilings and walls 0, `7 a u Removal of approximately 1,000 ft2 of linoleum flooring $ Removal of approximately 1,320 ft of f exterior cementious $ siding Removal of approximately 1,100 ftp of vinyl floor the and $ associated mastic - (e Demolition of structure located at 801 Missouri Demolition of structure located at 708 East Terrell $ E C, — v Demolition of structure located at 710 East Terrell $ �o Demolition of structure located at 717 East Terrell $ '7,7 C) Demolition of structure located at 801 East Rosedale $ 5 oo Demolition of structure located at 901 South Freeway $ Demolition of associated improved parking area at 801 $ Missouri Demolition of associated improved parking area at 801 East $ Rosedale _ `� oz) Demolition of associated improved parking area at 901 South $ o 0 0 06 Freewa 1f�� ..m,,.�.�. m„�. ar�...,.m,. 'C�mt�?st��i G�✓'t _� _z, �.. r^C���.�. The calendar duration for all phases of the project is thirty (30) days. The undersigned agrees to start work within eleven (11) days from the date of the Notice to Proceed. All Bid Documents have been submitted in one sealed envelope. Addenda to the Request for Bid have been received. i This Bid Summary and the accompanying Bid Documents are intended to be complete Section 2.0 -7 t i and will remain valid for 120 days from the date of submittal. CONTRACTOR SUBMITTING BID: By: F� Company Name (pri or type name of signatory) Address (Signature) n `7f e(l City, State, Zip Title (print or type) Phone FAX Y Section 2.0 -8- Additional material may be encountered during the thirty day project. The undersigned hereby proposes the following unit costs for the removal of asbestos-containing materials from the Evans & Rosedale Cultural and Business District not identified within the Scope of Work of this Bid Package. At least those tasks shown in the following list must be included. The Contractor may wish to include additional tasks as appropriate. Each task shown below must appear on the Project Schedule and on the Schedule of Payments. The completion of each task must be associated with a project deliverable document. Deliverable documents may be a report, photograph, or an invoice that shows completion of that task. Requirements for execution and completion shall be negotiated prior to any additional work authorization. No compensation shall be paid to Contractor for the cost of obtaining and maintaining insurance, bonds, licenses, and certifications as required herein, as these are considered subsidiary to other items for which lump surn or unit prices are requested in this Bid. ASBESTOS: U141T PRICES including Removal and Disposal (add rows as needed): 1. Spray-on Ceiling/Wall Texture Square foot $ 2. Wall/Ceiling Plaster Square foot $ 1,,17-0 3. Transportation Costs Cubic Yard $ &0 4. Disposal Costs Cubic yard $ EMPLOYEE LABOR RATES (add rows as needed or put Not Applicable as appropriate): Hourly Principal $ ate Foreman $ Project Manager Asbestos Worker $ `�zp Project Supervisor C�AC Clerical $ 2!� ,�?c� Equipment Operator $ Worker $ 2:Z f Section 2.0 -9 - CONTRACTOR SUBMITTING BID: By: Company Name (print or type name of signatory) PD boy I le«I6I - I L� Address (Signature) City, State, Zip Title (print or type) Phone FAX I r p Section 2.0 ,3 5 z3 xy E U o � y U) a O 0 E U 0 LLJ �a co y w w C _ ° --- -- LLJ 0 0 �. O O moo, 1 CL m E �: y �� U O 0 — Y e o U- � LL _ ® ro U m '• ` Section 2.0 Page-11 ry, i E I 2.8 VENDORS COMPLIANCE TO STATE LAW Article 601 g of Vernon's Texas Civil States (1985) applies to the award of contracts to non-resident contractors (outof-state contractors whose corporate offices or principal place of business are outside of the State of Texas) who are required to bid projects for construction, improvements, supDlies or services in Texas at an amount lower than the lowest Texas resident contractors would be required to under bid a no-esident contractor in order to obtain a comparable contract in the state in which the non resident's principal place of business located. -die appropriate blanks in Section A below must be filled out by all ouff-state or non-resident contractors in order for their Bid to meet specifications. The failure of oubf-state or non-resident contractors to do so will automatically cliqualify that contractor. Resident contractors must check the box in Section B below. A. Non-resident contractors in (give state), our principal place of business, are required to be percent lower than resident contractors by state law. A copy ofthe statute is attached. Non-resident contractors in (give state), our principal place of business, are NOT required to underbid resident contractors. B. Our principal place of business or corporate offices are in the State of Texas. © (Check this box if statement B is true) n� CONTRACTOR SUBMITTING BID: p Ott 11fUth9 5'��J SIG, a.0 4r-7 X Company Name (print or type name of nn signatory) l� �J�X ��(�'c?�a1 1 2 Address (Signature) r o_T-wT-)( C15-0 City, State, Zip Title (print or type) b1-7- 5V_- ``70&'Z.- o 17`Flo-9th Phone FAX Section 2.0 j Page- 12- i I A RIM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2005) 02/01/2005 PRODUCER (405)341-8330 FAX (405)340-6784 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HoViell-Scone Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 5010 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Edmond, OK 73083-5010 as INSURERS AFFORDING COVERAGE NAIC# INSURED Midwest Wrecking Co. of Texas INSURERA: National Fire Ins. of Hartford 20478 P. O. Box 161819 INSURERS: Valley Forge Insurance Company 20508 Ft. Worth, TX 76161 INSURERC: Continental Casualty 20443 INSURERD: Transportation Insurance Company 20494 INSURER E: COVERAGES - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDDNYi DATE(MM/DDNY) GENERAL LIABILITY C2064109097 08/16/2004 08/16/2005 EACH OCCURRENCE $ 1,000,000 }{ COM P_ SCHEDULED AUTOS GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE D OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL R ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICYFX PRO- LOC JECT AUTOMOBILE LIABILITY C2064109102 08/16/2004 08/16/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) $ B X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY C2072802793 08/16/2004 08/16/2005 EACH OCCURRENCE $ 5,000,000 X OCCUR EICLAIMS MADE AGGREGATE $ 5,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC2072802809 08/16/2004 08/16/2005 X WCSTATU- O R EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: (DEMOS-04: ER-ASB/DEMO) Asbestos Abatement and Demolition Structures located within the Evans/Rosedale Cultural District Area, Fort Worth, TX CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fort Worth DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Environmental Management Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 ThrOCkmOrtOn OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE W. D. Howell Jr./KR ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. j ACORD 25(2001/08) FES-07-05 11 :21 AM P. 02 OA fE Q'.II+ OO" A "I CERTIFICATE OF LIABILITY INSURANCE 10)07moo6 SeTIaIfII 1bb154 THIS ERTIFICATE SUED A9 A OF 10? NIA7MON Tf1E ATTAdONLY AND CONFERS NO RIGHTS UPON THE #RTIMCATE ENGY 1300 1T TT" ET HOLDER, THIS CERTIFICATE DOES NOT AMEND, E(TEND OR ALTER THE COV!RAGE (AFFORDED SY THE POLICIES BELOW. HUN . Ylt l>:,TX!'1510 INSURERS AFFORDING COVERAGE IIAIOP a;�llRsa NsAIR A: AMERICAN GRAFITY INSURANCE 31AMCES PONE CONTRACT©RA,INC INsunt s; T"MUTUA{,INS.Cd. 1521 AMITY LANE muff DALLAS,Tx 76217 ttelraea 4: .__ INSURER E; THE ppLICES ITP I\II►SURANCE 11S-MO BELOW WAVE SEEN ISSUED TO TIME INSURED NAMED ABOVE FOR THE POLIOY FErJQO INDACATEO,NO HSTANDIND ANYRE 4UIR TVW OR CONDITION OF ANY CONTRACT OR OTHER 00MMEMT WITH RRSPIICY TO WHICH TNIS OERTIFM:ATE MAY 09 9SUH0 OR WYPERTAIN,T E INSURANCE AFFORDED BY THE POLICES DAOCRIBED N9RRW 18 WBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONbtrIOr 16 OF SUCH POL09a A TE LIMITS SHOWN MAY HAVE BEEN R90UGED BY PAID CLAJM8. ME sOFNIUFANM - - wL�aPNUDIMpR T' Umm (If RAL FACHoeWWRacNcc A x cOhl+CftlA mL.MDILITY Pql_04.$749-001 6/14/04 61:4105 I 60,000 c Iva Aum ©OccuR MMVM o,,, ,,, D 5000 X A IO$LIABILITY PSR60NALAAMINJ t 5.000,000 F0L4QTlQb LIABIUTY_. amERALAGOPSOArn 1 Got AOp likATEMYAP>LIGRPBA' PROOUCt6•CGHR'W'Af3G 6004,000 171 POL Q imp uAonm POL04-0749.001 7/23104 6/14/06 COMSINc061NGMU,%T t 1,400,000 A ANYA070 (im"clooml ALL 0*tj)AUTOS C6dr1Y 17J AIIeV -_ # �• SCHEOULlID Audi (�Pte: x H�Rt2p},l)TO@ QCaLY1N,urtv -.._ m . X NaN-006ltD wTo6 carr accldwll s 7.01 Iwo" r;rAlrar LDI" AU"O ONLY•6A A00E)ENT AVYA�TO (TrR THAN E CAACc UT ' --- Aur0 4N�Yr A t O►D6 471YI 1• �OILIl7 CACN OCCUtifiGN RII. (L i CuIMQ MAD9 AOGR T� i 6k00011CI.E t ��� . t MOR+u+rSowlP ■A�prJAND bMN311�6J9'J9 x13104 B/1S105 x g ttllFfrpYe'W .,Nv reOrRICTO An�ry��ecutrva H Ni t 1,000 00E WfKemmwn OLUOE07 ISCASC_iA e i 000 0 IAL � l:011! -POLIOV.IM;' 1000000 DTRot o11soRns+ar+aF a NvLvatroNinF rloc aau4xci.wlvm AlmD SY EtIODRaasriviis UL PROVAIONS — --- —` - FAR INFdRIUA`I N AND RIDDING PURPOSES ONLY C FIGATE 001K CANCILLATKM BHOVLO ANY 09 TWE ABOVE DESCPoOC6 PpJCAsS 4G CANCaLLID DEMORt THE Sf0IRATION OArs THlREOF•TN6 Is$uiN0 M AIR AALL diNamAyOR 10 MNL CAY6 Wnl-lEh FOR IrIFDFIMArIQNAHdJJlOD►N(3PUfiPO$C6ONLY NOTICE TO THE CeRTIrICATEMAOFAHAVEDTOTYALFFT.7UTFAILLAET)LOSASKALt MON NO ONLIOATION OR W AiL ITY OF ANY KNO UPON THC IMURON.171 Aot.W5 OR popREFRE AT' S _ = AUtHOR Y A �- •�� ACORfi 96(2U01f0 ) 0 ACaRq CORK$ATION 1115! &D4' ]W ilVAM _T,;,1T9,7.9-6 9v:?r, 5!ez/aA!ti� rte 'L7 �' a `� 1�' ' V C � ��1► V � a> z11yy3 CCS � � CCf O ° FUO ' WU a� a� � ca oEno H 1 03 a b d ►� �, CIO i i..H4.4 f Cd C Cd o W .� an o H o bn 5 -) � . ° o o o v, (U `� 4-4 �4 �_c N N m 'a N •+- + +� O .� Cd a n a c w cd � Q low E � N C f ;co 3 .y CIO .V, .d jr Ara rT� r-.4 V w 03 c K ~ EE L-11 �y •p0 y. - yU '0. �1 CdF� V C7 W V COO �cd s 14 8a. Cd ..� ' > -) o o o .d a� a .0 p v 4J 4„ o f c o m c CL � n � x Y RII i oax S) ! 911 ';K L'tl ✓' .1f � 106 � �AIn �l€r..^,''''"" '- �� f ..� �'� ��Yxa � .^•2 t e x � d �'� a �y� a k ✓ ``�°'� z�y s <2 t gir UOM Aq # � Y 3 m a M� } � � r t s IR «� Pa,i s a-.. r t } U 3 Certification of Contractor's Legal and Compliance History Complete One of the Following Certifications I certify under penalty of law that the atthed report of Contractor's Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry offb person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penities for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: BY: _ Company Name (print or type name of signatory) (signature) Title (print or type) ---------------------------- Date I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persrns who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employeg-,:or Contractor's proposed subcontractors within the preceding five years To the best of my knowledge and belief, this - statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including hb possibility of fine and imprisonment for knowing violations. CONTRACTOR: Company Name (print or type name of signatory) C"6_0__ _ (signature) Title (print or type) --------- Date — v �L Q r co O co W N 00 N LO N N co N N N r N 00 r m ti N r L Ur LO co r (0 r L r Y r U o r N 0) c0 N 00 N t M > LU L N N � � r C O OO to cn u) N u) N >, >+ >+ >. >+ T >+ >+ T >. >+ (6 (O N (O N m (0 N m N (0 N ❑ ar O O O O O O O O O d > ❑ r N N M r r r r r N N OZ5 CQ L E O a) U) N N N N Ncn N 0 2 O O O O L 3; I- F- H W LL Q O Q-N fl- CO O r CO O t-- r r N N O N r O r O Or r 0 0 cn '0 "= 0 0 0 0 0 0 0 0 0 0 0 � z N civ N m EEE E E (n U U O M -0 O O O O N N 1<1 IfnI QQ ❑ ❑ CIO ❑ ❑ Prepared By: Howell-Stone I[ Prepared Date: February 10,2005 Bond Number. Bid Bond (Percentage) KNOW ALL PERSONS BY THESE PRESENTS,That we Midwest Wrecking Company Of Texas of Fort Worth,Texas hereinafter referred to as the Principal,and Continental Casualty Company as Surety,are held and firmly bound unto City Of Fort Worth of Fort Worth,Texas hereinafter referred to as the Obligee,in the sum of Five Per Cent(5%) of the Amount Bid Dollars( ),for the payment of which we bind ourselves,our legal representatives,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has submitted or is about to submit a proposal to Obligee on a contract for rojec : em -Asbestos Abatement and Demolition of Structures I-OCateU W r ltl rn ie zvdflwoseoaie Cultural DistrictArea NOW,THEREFORE,,if the said contract be awarded to Principal and Principal shall,within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee;or if Principal shall fail to do so,pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond,then this obligation shall be void;otherwise to remain in p� full force and effect. N SIGNED,SEALED AND DATED this 10th day of February, 2005 Month Year Midwest Wrecking Company of Texas (Principal) By: ' --- —— (Seall Name 12-0%"C �k-MTitle r.�o hhh Continental Casualty Company By: , t ) , V�.��+�CX� (Seal) vvAttorney-in-fact W-23054-D2 Name W.D.Howell,Jr. (Rev.Date 06/12/97) NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint W.D.Howell,Jr.,Ronald L Harris,Robert Jensen,Vicki Wilson,R Brian Howell,Clint Stone,Individually of Edmond,OK,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of June,2004. Continental Casualty Company (.TD, tNSURgt,C �<g, National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania Q .y Ps JULY 71, sHARD b • Michael Gengler Se r Vice President State of Illinois,County of Cook,ss: On this 14th day of June,2004,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:09N7106 My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 10th—day of FPbrija T 2005 e+�sua�Ar ,NSURAV 9pNrooContinental Casualty Company tiA National Fire Insurance Company of Hartford rpAPORAry t o � %W----ire American Casualty Company of Reading,Pennsylvania � v $ JULY 71. �V SEAL 1897 HARD • l/�C/. Mary A.Rtikaiokis Assistant Secretary Form F6853-11/2001 CONTRACTOR'S QUALIFICATION STATEMENT NAME: Midwest Wrecking Co. of Texas, Inc. P.O. Box 161819 Ft. Worth, Texas 76161 TELEPHONE: 817-589-7062 FAXSIMILE: 817-590-9536 ELECTRONIC MAIL: Mid«estWrecking sbqglobal.nct TYPE OF WORK: Commercial & Industrial Demolition/Interior Selective Demolition ORGANIZATION: Midwest Wrecking Co. of Texas was founded in 1984. We have performed work in the states of Oklahoma, Texas, Kansas, Missouri, Arkansas and Louisiana. CORPORATE STRUCTURE: Date of Incorporation: April, 7 1986 State of Incorporation: Texas Tax ID number: 75-2007255 President: David C. Densmore Chief Executive Officer: Brian G. Choate BONDING CAPACITY: We have bonded up to $ 2 Million Bonding limits can be increased as necessary Insurer: CNA Agent: David Woods Howell-Stone Insurance 3500 S. Broadway Edmond, Ok 73013 405-341-8330 LIABILITY LIMITS: $ 2 Million Base with$ 5 Million Umbrella Umbrella limits can be increased as necessary BANK REFERENCES: Wells Fargo Attn: Able Sanchez 777 West Rosedale Fort Worth, TX 76104 817-347-8895 UNION STATUS: We are a non-union company KEY PERSONNEL: David C. Densmore President/Estimator/Project Manager - 1979 Graduate of Oklahoma State University with a degree in Construction Science. - 21 years of experience as a demolition estimator and project manager. N Brian G. Choate Chief Executive Officer/Estimator/Project Manager 1991 Graduate of University of Oklahoma with a degree in Construction Management. - 13 years of experience as a demolition estimator and project manager. Jimmy L. Anderson Field Operations Manager - 32 years of experience as an operator, estimator and supervisor. 18 years of experience as Texas Field Operations Manager Stephen Brigman Labor Superintendent - 8 years experience as a demolition superintendent Jeremy Anderson Equipment Operator/Field Superintendent - 12 years of experience as an equipment operator Shannon Ibison Equipment Operator/Field Superintendent 10 years of experience as an equipment operator Steve Miller Equipment Operator/Field Superintendent 15 years of experience as an equipment operator EQUIPMENT LIST: Caterpillar 963 Track Loader(3) Caterpillar 330 Excavator(1) Caterpillar 325 Excavator(1) Caterpillar 315 Excavator (1) Bobcat Skid-Steer Loader(2) Mack Semi-Truck with Demolition End Dump Trailers (20) Ford and International Two Ton Dump Trucks (1) Various Demolition Attachments, including Hydraulic Hammers, Grapples, Pulverizers and Shears. OTHER MISCELLANEOUS INFORMATION: • Project size has ranged from$ 500.00 to over $2,500,000.00 • 1998 volume of business - $ 2.7 million • 1999 volume of business - $ 3.0 million • 2000 volume of business - $ 3.2 million • 2001 volume of business - $ 3.8 million • 2002 volume of business - $ 4.2 million • 2003 volume of business - $ 4.2 million • 2004 volume of business - $ 4.1 million • Average count of full time personnel—30 • 90 % of all work is completed with in-house personnel • Sub-contractors are hired for asbestos removal and operations which require the use of construction cranes. • We have completed several projects which require multiple mobilizations, phasing with other construction trades, selective demolition of occupied spaces and projects with fast-track and critical time schedules. • We have never failed to complete a contract. • _ Additional references are available upon request. 4 CITY OF FORT WORTH Project: NESHAP Wet Demolition of 3700 North Grove Performed: 2003 Project: NESHAP Wet Demolition of 1501 Evans Avenue Performed: 2003 Project: NESHAP Wet Demolition of 5318 Ramey Avenue Performed: 2003 Project: Asbestos Abatement and NESHAP Wet Demolition of 1776 East Berry Street Performed: 2003 Project: NESHAP Wet Demolition of 3300 Horne Street Performed: 2002 Project: Asbestos Abatement and NESHAP Wet Demolition of 2624 Hemphill Street Performed: 2002 Project: NESHAP Wet Demolition of 2317 Yuma Street Performed: 2002 Project: NESHAP Wet Demolition of 315 East Cannon Street Performed: 2002 Project: Asbestos Abatement and NESHAP Wet Demolition of 3000 Vaughn Boulevard Performed: 2002 Project: NESHAP Wet Demolition of 2516 Hemphill Street Performed: 2002 Project: Asbestos Abatement and NESHAP Wet Demolition of 21 Properties at Meacham Airport Performed: 2002 Project: NESHAP Wet Demolition of 3800 Horne Street Performed: 2001 Contractor: City of Big Spring P.O. Box 1030 Big Spring, Texas 79721-1030 Job Location: Permian Building Big Spring, Texas Description: Demolition of eight story office building in downtown Big Spring. Contractor: Turner Construction 2001 North Lamar, Suite 100 Dallas, Texas 75202 Job Location: The Tower(Formerly Bank One) 500 Throckmorton—Fort Worth, Texas Description: Selective demolition of a 38 story office building. Contactor: Conoco Inc. (Louisiana Gas Systems) 600 North Dairy Ashford Houston, Texas 77079 Job Location: Cryogenic Gas Plant Eldorado, Texas Description: Asbestos abatement, dismantlement and demolition of cryogenic gas processing facility. Contactor: The Whiting-Turner Contracting Company 6606 LBJ Freeway, Suite 125 Dallas, Texas 75240 Job Location: Target T-13 Dallas, Texas Description: Interior and exterior selective demolition of occupied retail store. Building remained active during demolition and renovation. Contractor: Centex Construction Company 3100 McKinnon, 71h Floor Dallas, Texas 75201 Job Location: Children's Medical Center Dallas, Texas Description: Removal of exterior skin of high rise structure from ground to sixth floor. Skin consisted of precast concrete panels weighing up the 20,000 pounds. Hospital as well as adjacent patient rooms remained occupied during demolition activities. Contractor: Linbeck Construction 201 Main Street, Suite 1801 Fort Worth, Texas Job Location: Modern Art Museum Fort Worth, Texas Description: Removal of 2' thick architectural cast in place walls Contractor: Tarrant County 100 East Weatherford Fort Worth, Texas Job Location: Tarrant County Family Courts Fort Worth, Texas Description: Demolition of three story hotel building and a one story commercial building. Contractor: HC Beck 1700 Pacific Avenue, Suite 3800 Dallas, Texas 75201 214-965-1100 Job Location: RadioShack Corporate Campus 500 West Belknap - Fort Worth, Texas Description: Demolition of Ripley Arnold Housing Complex. Contractor: Dalmac Companies 111 West Spring Valley Road Richardson, Texas 75081-4099 972-725-3400 Job Location: Springhill Elementary School Richardson, Texas Description: Demolition of Springhill Apartment Complex. Contractor: City of Big Spring P.O. Box 1030 Big Spring, Texas 79721-1030 915-264-2503 Kenny Davis Job Location: Howard House Hotel Big Spring, Texas Description: Demolition of five story hotel located in downtown Big Spring. Contractor: Crestview Resources,Inc. 309 West 7"' Street, Suite 815 Fort Worth, Texas 76102 Job Location: Landmark Tower Houston& 7th Street Fort Worth, Texas Description: Removal of 6th floor sky bridge spanning Houston Street. Removal of rotating clock located on top of the 31 story Landmark Tower. Contractor: DFG Confectionery 625 Stayton Street Fort Worth, Texas Job Location: 625 Stayton Fort Worth, Texas Description: Asbestos abatement and demolition and clean up of miscellaneous tornado damaged structures. Contractor: Vanco Insulation Abatement, Inc. 5804 South FM 1788 Midland, Texas 79706 Job Location: First United Methodist Church Sherman, Texas Description: Demolition of three story bank building and adjacent office building. Contractor: Tarrant County Hospital District/JPS Health Network 1500 South Main Street Fort Worth, Texas Job Location: Miscellaneous Properties around Main&Rosedale Fort Worth, Texas Description: Demolition of numerous commercial and residential properties for JPS Hospital expansion. Contractor: Linbeck Construction 617 7th Avenue Fort Worth, Texas Job Location: 1415-1433 Pennsylvania Fort Worth, Texas Description: Demolition of four commercial properties for Cooks Childrens Hospital expansion. - Contractor: Tri-Dal, Inc. 540 Commerce Street Southlake, Texas 76092 Job Location: Target Store @ Cooper and Arborbrook Arlington, Texas Description: Demolish existing target shopping center Contractor: Kossman Development Company Eleven Parkway Center Pittsburgh, PA 15220 Job Location: Wal-Mart Store Mansfield, Texas Description: Demolish existing Wal-Mart Shopping Center Contractor: Cadence McShane Corporation 14860 Montfort Drive, Suite 270 Dallas, Texas 75240 Job Location: Mustang-Panther Stadium Grapevine, Texas Description: Demolition of two story pressbox facility and selective demolition of concrete bowl seating. Contractor: Austin Commercial, Inc. P.O. Box 2879 Dallas, Texas 75221-2879 Job Location: Presbyterian Hospital of Dallas Dallas, Texas Description: Demolition of Apartment Complex Contractor: S.M. Wilson & Company P.O. Box 130 Granite City, IL 62040 Job Location: Target Shopping Center Hurst, Texas Description: Demolition of existing Target Shopping Center Contractor: Turner Construction Company 13601 Preston Road, Suite 500W Dallas, Texas Job Location: ConVergence Office Center Former Texas Instruments/Raytheon Facility Lewisville, Texas Description: Complete demolition of 400,000 SF of office/research facility. Complete interior gut of 1 million SF of office/research/warehouse facility. Contractor: Oat International, Inc. 7507 Meribeth Drive Dallas, Texas 75243 Job Location: Crozier Tech High School Dallas, Texas Description: Demolition of a four story concrete building. Contractor: Archer-Western Contractors, Ltd. 2121 Avenue J, Suite 103 Arlington, Texas 76006 Job Location: Fort Worth Transportation T &P Station Description: Demolition of pedestrian tunnel, abandoned railroad tracks and concrete parking facilities. Contractor: Scott& Reid General Contractors 15303 N. Dallas Parkway, # 150 Dallas, Texas 75001 Job Location: Harlean Beal Elementary School Fort Worth,Texas Description: Demolition of multi-building school facility. Contractor: Steele-Freeman, Inc. 1301 Lawson Road Fort Worth, Texas 76131 Job Location: Vought Aerospace Grand Prairie, Texas Description: Dismantle/Demolition of three paint booths located inside of Building Ml. Contractor: Texas Department of Transportation 2501 South West Loop 820 Fort Worth, Texas Job Location: 1101-1121 South Main Fort Worth, Texas Description: Asbestos abatement and demolition of commercial structures for newly acquired right of way. Contractor: Vaughn Construction Company 10355 Westpark Drive Houston, Texas Job Location: East Texas Medical Center Jacksonville, Texas Description: Demolition of a four story concrete hospital building. Structure being demolished has occupied hospital facilities on all four sides of project. Contractor: Buford-Thompson Construction Company PO Box 150449 Arlington, Texas Job Location: Sam Houston High School Arlington, TX Description: Demolition of vocational/technical shop building and classrooms. Contractor: Daedalus Development Corporation 711 West Magnolia Fort Worth, Texas Job Location: Palace Theater Grapevine, Texas Description: Selective interior and exterior demolition of historic theater complex. Contractor: Innovative Developers, Inc. 777 Main Street,Suite G-200 Fort Worth, Texas Job Location: 1350 West Euless Boulevard Euless, Texas Description: Interior gut of shopping center complex. Project also includes removal of entire roof structure. Contractor: University of Texas @ Austin P.O. Box 7580 Austin, TX 78713 512-471-3042 Job Location: UTA campus Description: Demolition and removal of two multi-story concrete buildings. Contractor: Medco Construction 2625 Elm Street, Suite 216 Dallas, Texas 75226 Job Location: Baylor Medical Center at Garland Description: Hand separation and demolition of two wings of the existing hospital complex. Contractor: Metro Builders & Design, Inc. 601 Penn Street Fort Worth, Texas Job Location: Education Employees Credit Union 1617 West 7m Fort Worth, Texas Description: Total interior gut of five story office tower including removal of exterior walls. Contractor: Hooks Independent School District c/o Huckabee & Associates Architects 4200 South Hulen Fort Worth, Texas Job Location: Hooks, Texas Description: Hand separation and demolition of portion of High School Complex. Classes were being held during demolition. _ Contractor: Oscar J. Boldt Construction 401 East Memorial Road Oklahoma City, Oklahoma Job Location: Hertz Rental Car Return Facility - Love Field Airport Dallas, Texas Description: Asbestos abatement,building demolition and selective interior demolition of occupied car return facility. Contractor: Sewell Lexus 6421 Lemon Avenue Dallas, TX 75209 214-352-8100 Job Location: 6421 Lemon Avenue Description: Demolition and removal of car dealership sales and service facilities. Removal and disposal of hydraulic lift cylinders and associated pits, tanks and lines and fluids. Contractor: Austin Commercial 3535 Travis Street Dallas, TX 75204 Job Location: Burlington Northern Santa Fe Railroad Ft. Worth, Texas Description: Demolition and removal of a large metal storage building. Contractor: Linbeck Construction 201 Main Street Ft. Worth, TX 76102 Job Location: Moncrief Radiation Center Ft. Worth, Texas Description: Multi-phase, selective and complete, interior and exterior demolition and removal of portion of a hospital complex. Contractor: BFW Construction Co.,Inc. 1111 N. General Bruce Drive Temple, TX 76503 Job Location: W.E. Greiner Middle School Dallas, Texas Description: Demolition and removal of multi-building, multi-story school complex. Several buildings were hand wrecked to avoid damage to adjoining structures. Contractor: University of Texas Arlington P.O. Box 19125 Arlington, TX 76019 Job Location: Bauder College UTA campus Description: Demolition and removal of a multi-story concrete building including all site improvements. Contractor: J. W. Bateson, Inc. PO Box 299009 Dallas, TX 75229 214-371-1980 Job Location: Plaza of the Americas in Dallas, Texas Description: Interior and exterior selective demolition of twin office tower and hotel complex. Contractor: Weingart Realty Houston, TX Job Location: Caprock Shopping Center Lubbock, Texas Description: Demolish and remove Caprock Shopping Center Contractor: Furr's Inc. Lubbock, TX Job Location: Thompson Junior High Lubbock, Texas Description: Demolish and remove original Lubbock High School Complex which covered four square blocks. Contractor: First Nationwide Bank 8020 Forsyth Boulevard Clayton, MO 63105 Job Location: Northbrook Apartments 6130 Lands End Drive Dallas, Texas Description: Demolition and removal of all apartment structures and miscellaneous site improvements. Contractor: City of Arlington PO Box 231 Arlington, TX 76010 Job Location: Southern Industrial Steel Plant 201 N. Cooper Arlington, Texas Description: Demolition and removal of industrial plant Contactor: B.G. Construction Company P.O. Box 5198 Gun Barrel City, Texas 75147 Job Location: O'Reilly Auto Parts Warehouse 301 Environmental Way Seagoville, Texas Description: Removal of exterior concrete tilt wall for new building tie in. Contractor: Ross-Allison, Inc. P.O. Box 474 Waxahachie, Texas 75165 Job Location: The Baker Building Fort Worth, Texa Description: Gut lower five floors of historic structure. Remove 30' tall precast concrete panels that were added in a 1967 renovation. CREDIT REFERENCES: Bruckners Truck 1200 N.E. Loop 820 Ft. Worth,TX 76106 817-626-2923 Reeder Distributor 5450 Wilbarger Ft. Worth, TX 76111 817-429-5957 Parkerson Tire 3900 E. Loop 820 Ft. Worth, TX 76111 817-429-9203 A. C. Services P.O. Box 15081 Ft. Worth, TX 76119 817-535-0828 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/14/2005 - Ord. #16475-06-2005 DATE: Tuesday, June 14, 2005 LOG NAME: 52MIDWESTWRECK REFERENCE NO.: C-20794 SUBJECT: Authorize Execution of Contract with Midwest Wrecking Company of Texas, Inc., for Asbestos Abatement and Demolition Services, Adopt Appropriation Ordinance and Authorize Use of Community Development Block Grant Year XXX Unprogrammed Funds for Demolition Activities RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with Midwest Wrecking Company of Texas, Inc. for abatement and/or demolition of structures in the Evans and Rosedale Business and Cultural District at a cost not to exceed $42,952.00; 2. Approve the transfer of$20,807.00 in undesignated funds in the Environmental Management Operating Fund to the Environmental Management Project Fund; 3. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund by $20,807.00; and 4. Authorize the use of$22,145.00 in Community Development Block Grant (CDBG) Year XXX Un- Programmed Funds for demolition activities. DISCUSSION: In preparation for the redevelopment of the Evans and Rosedale Business and Cultural District, it is necessary to perform asbestos abatement and/or demolition of the remaining structures located in the area. The structures are located at 822 Missouri, 708 East Terrell, 710 East Terrell, 717 East Terrell, 901 South Freeway and 801 East Rosedale. Approximately 10,920 square feet of asbestos containing materials will be removed from 822 Missouri, 708 East Terrell, 710 East Terrell and 717 East Terrell prior to demolition. This project will be funded jointly by the Environmental Management and Economic and Community Development Departments. The Environmental Management Fund will cover the $20,807.00 cost of the asbestos abatement and CDBG Funds will be used for the demolition cost of$22,145.00. Bids were received on February 10, 2005 from the following firms for asbestos abatement and/or demolition of four structures in the Evans and Rosedale Business and Cultural District. Midwest Wrecking Company of Texas, Inc. $42,952.00 Lloyd D. Nabors Demolition, Inc. $ 61,100.00 Midwest Wrecking Company of Texas, Inc. is in compliance with the City's M/WBE Ordinance by committing to 43% M/WBE participation. The City's goal on this project is 10%. Logname: 52MIDWESTMIRECK Page 1 of 2 In accordance with the Citizen Participation Plan, a public comment period was held from April 7, 2005 to May 6, 2005 to allow citizens to comment on the use of CDBG funds. No citizen comments were received. All properties are located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Environmental Management Project Fund and in the current operating budget of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers R101 539410 052200508000 $20,807.00 R103 538070 0521100 $20,807.00 R101 472103 052200508000 $20,807.00 GR76 539120 052206929980 $22,145.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Tom Higgins (6192) Logname: 52MIDWESTWRECK Page 2 of 2