HomeMy WebLinkAboutContract 34252CITY SECRETARY '�' )
CONTRACT NO. o.
CON I RAC I�
Between
CITY OF FORT WORTH
and
Intercon Environmental, Inc.
For
Asbestos Abatement and Demolition of Structures
Located within the Vickery Corridore for Right -
of -Way for Southwest Parkway (SH 121)
Project #:
30SWPDEMOREV
Environmental Management Department
October 2006
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH
CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION OF STRUCTURES
LOCATED WITHIN THE VICKERY CORRIDOR FOR RIGHT-OF-WAY FOR
SOUTHWEST PARKWAY (SH 121)
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, and Intercon Environmental, Inc. a Texas
corporation, acting through Karen Andrews, its duly authorized president/vice-president
("Contractor').
WHEREAS, the City desires to conduct a project for the abatement of asbestos
containing material and demolition of certain structures located within the Vickery
Corridor for Right -of -Way for the Southwest Parkway (SH 121), Fort Worth, Texas; and
WHEREAS, the City desires to hire a professional firm knowledgeable and experienced
in conducting such demolition and asbestos removal, transportation and disposal; and
WHEREAS, the Contractor has represented that it is knowledgeable and experienced in
conducting such an demolition and asbestos removal, transportation and disposal
project; and
WHEREAS, on October 17, 2006, the City Council authorized an agreement between
the City and Intercon Environmental, Inc. through a cooperative purchasing program
under Texas Local Government Code § 271.02;
WHEREAS, Under Texas Local Government Code § 271.02 local governments who
participate in the purchase of services satisfy competitive bid requirements; and
WHEREAS, Intercon Environmental, Inc. is a local cooperative organization.
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-Containina 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
asbestos containing material (ACM).
Citv's Representative means the Director of Environmental Management, or the
Director's designee.
Contract shall mean this document, and all attachments.
Contractor shall mean Intercon Environmental, 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.
Reaulated Asbestos-Containina Material (RACM) shall mean (a) friable asbestos
material, (b) Category 1 non -friable ACM that has become friable, (c) Category 1 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.
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2.
SCOPE OF CONTRACTOR'S SERVICES
The scope of work shall include the abatement of asbestos containing material ("ACM")
and demolition of certain structures located within the Vickery Corridor for Right -of -Way
for the Southwest Parkway (SH 121), Fort Worth, Texas as described and shown in
attachment A. Prior to a Task Order being issued, the City and Contractor shall inspect
the proposed designated site for abatement and demolition. The City and Contractor
shall agree upon the scope of work, timeframe and cost for each parcel. A Task Order
for each parcel shall then be issued for the abatement and/or demolition of each
structure or group of structures designating a completion date.
A. 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.
B. Contractor shall furnish all tools, labor, equipment and permits necessary to fully
complete the demolition of the structures identified in attachment A.
C. Prior to commencement of any work under this Contract, Contractor shall
obtain from the City a written notice to proceed.
D. Upon completion of the work, Contractor shall obtain a final inspection from the
City.
E. Contractor shall protect the work site as necessary with barriers, lights,
safeguards or warnings.
F. Contractor shall perform, in a good and professional manner, the services
contained in this Contract.
3.
SCOPE OF CITY SERVICES
A. City shall prepare and revise all notifications necessary to the Texas Department
of State Health Services Health (TDSHS) for the work provided herein;
B. City shall make payment of all applicable TDSHS fees;
C. City shall give timely direction to the Contractor; and
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D. 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 upon receipt of the Notice to Proceed issued to Contractor
by City and Contractor shall complete each task order as requested in writing by the
City. If Contractor cannot complete such Task Order in the time period established in
the Task Order, the Contractor shall immediately, but not later than twenty-four hours,
notify the City and request additional time to complete the task order. City shall not
unreasonably deny such requests. Notwithstanding anything stated herein, Contractor
shall respond to all task orders within five (5) business days of issue date.
5.
COMPENSATION
A. In consideration for the work performed by Contractor under this Contract, City
shall pay Contractor a sum not to exceed $1,577,117.25. 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 shall be governed by the Contractor's price schedule through the
cooperative purchasing program governed by Texas Local Government Code §
271.02 as described in attachment "B".
C. The City agrees to pay Contractor within thirty (30) days after receipt of correct
invoices, except as provided in Section 7 "Indemnification," subsection H.
D. Contractor acknowledges that payment will not be rendered by City unless
Contractor completes the demolition and removal of asbestos as described
herein and the work is accepted by the Director. However, Contractor may
submit separate requests for payment of completed abatement and for
demolition for each task order.
E. 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 amount, 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.
F. Contractor shall receive no compensation for delays or hindrances to the work,
except when direct and unavoidable extra cost to Contractor was caused by
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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.
G. 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. Commercial General Liability Insurance - $1,000,000 each occurrence.
B. Automobile Liability Insurance —
Coverage on vehicles involved in the work performed under this Contract:
a) $1,000,000 per accident on a combined single limit basis
or:
$500,000 Bodily injury/person
$500,000 Bodily injury/accident
$250,000 Property damage
b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person,
$40,000 Bodily Injury each accident; $15,000 Property Damage each accident.
The named insured and employees of Provider 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.
C. Worker's Compensation —
Statutory limits for Worker's Compensation plus
Employer's liability at a minimum:
$100,000 each accident;
$100,000 disease - policy limit; and
$500,000 disease - each employee.
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D. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000
per occurrence. EIL coverage(s) must be included in policies listed in items A
and B above; or, such insurance shall be provided under separate policy(s).
Liability for damage occurring while loading, unloading and transporting
materials collected under the contract shall be included under the Automobile
Liability insurance or other policy(s).
E. Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset
Clause.
F. The following shall pertain to all applicable policies of insurance (A. through E.)
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." The additional insured requirement does
not apply to Workers' Compensation policies.
2. Subcontractors shall be covered under the Provider's insurance policies or
they shall provide their own insurance coverage; and, in the latter case,
documentation of coverage shall be submitted to the Provider prior to the
commencement of work and the Provider shall deliver such to the City.
3. Prior to commencing work under this Contract, the Provider shall deliver to
the City of Fort Worth insurance certificate(s) documenting the insurance
required and terms and clauses required.
4. 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
Provider or insurance company.
5. 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 Risk
Management is required.
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E
6. The deductible or self -insured retention (SIR) affecting the coverage required
15,
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.
7. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth.
8. 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 Provider.
9. 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.
10. 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.
11. 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 ninety days from the date of notice to comply with
the additional requirements.
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,
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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,
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
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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.
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
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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 Contract 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.
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
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
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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
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.
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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 Contract, 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
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.
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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.
13.
MINORITY AND WOMEN BUSINESS ENTERPRISES
In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance,
Contractor agrees a minimum of fifteen percent (15%) of the total dollar value of this
Contract will be paid as compensation to certified MWWBE firms. Monthly reporting is
required to the City of Fort Worth — MWWBE 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
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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.
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.
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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.
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
Contract for Asbestos Abatement CRL10.26.060 Page 15
SH121
If to Contractor:
Name: Mr. Jerry Andrews
Address: Intercon Environmental, Inc.
2214 FM 1187, Building #6
Mansfield, TX 76063
Telephone: (817) 477-9995 FAX: (817) 477-9996
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.
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.
Contract for Asbestos Abatement CRL10.26.060 Page 16
SH121
SIGNATURE PAGE FOR SH 121 ASBESTOS ABATEMENT AND DEMOLITION
CONTRACT
This Contract h s been ex ecu ed the parties in triplicate in Tarrant County,
Texas on this date, , 2006.
CI
TY
OF FORT ORTH
Wa on, Asst. City Manager
APPROVED AS TO FORM
iN T E CON ENVIRONMENTAL INC.
BY: Karen Andrews
TITLE: President
WITNESS:
Christa R. Lope , A ista City Attorney Name: )Angelica Petruzzeili
Title: Executive Vice President
�(ATTEST: CORPORATE SEAL:
Marty Hendr , City Secretary'
Contract Authori.zatioa
A
Dater
Contract for Asbestos Abatement CRL10.26.060
SH121
Page 17
ATTACHMENT A -Scope of Work
Contract for Asbestos Abatement CRL10.26.06v1 Page 18
SH121
19 t16 in,
51
3479 W. Vickery Blvd.
53-PT1
3501- 3511 W. Vickery Blvd.
53-PT2
3509 W. Vickery Blvd.
55
3519 W. Vickery Blvd.
56-PT1
3601 W. Vickery
56-PT2
3601 W. Vickery
58A
3601 Rutledge St.
58B
Rutledge St.
58C
Rutledge St.
59
3701 Rutledge St.
60
3811 Rutledge St.
61
3501 Conrete St.
62-PT1
3517 Concrete St.
62-PT2
3517 Concrete St.
65
3528 Concrete St.
66
4027-4033 W. Vickery Blvd.
67
4021-4025 W. Vickery Blvd.
68
4113 & 4039 W. Vickery Blvd.
69
4115 -4121 W. Vickery Blvd.
70
4125 W. Vickery Blvd.
71
4131 W. Vickery Blvd.
72
4133 W. Vickery Blvd.
73
4141 W. Vickery Blvd.
74
4205 W. Vickery Blvd.
75
3505 Hooper St.
76
4217 & 4301 W. Vickery Blvd.
77
4217-4301 W. Vickery Blvd.
78
4309 W. Vickery Blvd.
79
4313 W. Vickery Blvd.
80
4317 W. Vickery Blvd.
81
4321 W. Vickery
' 82
4333 W. Vickery Blvd.
83
4337 W. Vickery Blvd.
84
4359 W. Vickery Blvd.
j 85
4367 W. Vickery Blvd.
86
4401 & 4409 W. Vickery Blvd.
i 87
4425 W. Vickery Blvd.
88
4505 W. Vickery Blvd.
89
4507 W. Vickery Blvd.
100
101
,
102
103
105
106
107-PT1
107-PT2
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11 /1 4r2005 10:03:14 AM
ATTACHMENT B- Unit Prices
Contract for Asbestos Abatement CRL10.26.06v1 Page 19
SH121
PAGE 1
BLANKET
P.O. No: B182006510735000
Texas MASTER
PO Bid Number. B182006011343000
Department
of Transportation
P.O. Date: 05/10/2006
Purchase Of Services
To:
Agency To Invoice:
INTERCON ENVIRONMENTAL, INC.
TEXAS DEPARTMENT OF TRANSPORTATION
2214 FM 1187 BUILDING #6
DALLAS DISTRICT
MANSFIELD TX 76063
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 753134067
VENDOR ID:15224377745-000
BUYER: 864 - MONTGOMERY, MICHAEL
Line Item
NEW
Unit Extended
Quantity Unit
, Item Description
Cost Cost
qF PTO THE FOLLOWING LOCATION
_ ...... .
UNLESS OTHERWISE NOTED:
TEXAS DEPARTMENT OF TRANSPORTATION
SEE SPECIFIC INSTRUCTIONS FOR
EACH LINE ITEM.
1. NIGP 968-66-1"000.
3,273,050 SVCU $1.00 $3,273,050.00
CLEARING RIGHT OF WAY PARCELS) SERVICES
MEETING TXDOT SPECIFICATION 968-66-15,
LATEST ISSUE
BID SCHEDULE PRICING - ATTACHED
ALL ITEMS ON THE BID SCHEDULE SHALL BE
PAID USING THIS LINE ITEM.
FOR THE PURPOSES OF THIS BID, THE UNIT
OF MEASURE 1 EACH SHALL BE THE TOTAL
AMOUNT OF THE ATTACHED BID SCHEDULE,
5 PAGES.
"EACH SVCU(SERVICE UNIT) IS PRICED AT
$1.00. INVOICING SHALL BE FOR PRICE(S)
BID AND ONLY FOR WORK AUTHORIZED IN THE
PURCHASE ORDER.
ALL PRICING ON THE BID SCHEDULE SHALL
BE FDCED FOR A 24 MONTH PERIOD.
TXDOT WILL BE RESPONSIBLE FOR TESTING
FOR ASBESTOS.
Glenn R^Hag1Er, CPPO�OPUD
Director of Purchasing
Issuing Emyee Signature Issuing Employee Title
Failure to Deliver. I f the contractor fats to deliver these supplies by the promised delivery data or a reasonable time therwper, mithoutouing aomptable renew for delay, or if supplier are
rrjected for failure to meet spa:#Zcallona, the Slats remover the right to purrhare spedjAai supplies elseloher&•and charge the increase in priee.and cost of handling, if any, to the contractor.
No substitutions or cancellations permitted udihout prior approval of the State.
BLANKET
MASTER PO
To:
INTERCON ENVIRONMENTAL, INC.
2214 FM 1187 BUILDING #6
MANSFIELD TX 76063
VENDOR ID:15224377745-000
Line Item
Item Description
2. NIGP 946-30-36-0000.
BONDING SERVICES, PERFORMANCE AND
PAYMENT
sssssss*ssss*ss** NOTE ******sssssssss**
****THIS IS ANON —BIDDABLE LINE ITEM****
THIS LINE SHALL BE USED TO REIMBURSE
VENDOR'S ACTUAL COST FOR SECURING
PAYMENT OR PERFORMANCE BONDS, WHEN
REQUIRED.
VENDOR SHALL PROVIDE PROOF OF COST OF
BONDS AT TIME OF INVOICING OF PROJECT.
PROOF MAY BE AN INVOICE OR BILLING
FROM INSURANCE AGENT.
BOND COST SHALL NOT BE INCLUDED ON BID
SCHEDULE.
SPECIFICATION 966-66-15, MARCH 2003
SECTION 10.
sssssss**ssssss*sssss*ssss**ssssssssssss
3. NIGP 962-95-99-0000.
FEES, MISCELLANEOUS.
*ssssssss**srr**sNOTEsss*s**ssssssssssss
****THIS IS A NON -BIDDABLE LINE ITEM****
THIS LINE SHALL BE USED TO REMURSE
VENDOR'S ACTUAL COST FOR ALL FEES PAID
TO THE TEXAS DEPARTMENT OF HEALTH FOR
DEMOLITION AND OR ABATEMENT OF EACH
PAGE 2
P.O. No: B182006510735000
Bid Number. B182006011343000
P.O. Date: 05/10/2006
Purchase Of Services
Agency To Invoice:
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 75313-3067
BUYER: 864 - MONTGOMERY, MICHAEL
Quantity Unit Unit Extended
Cost Cost
100,000 SVCU $1.00 $100,000.00
75,000 SVCU $1.00 $75,000.00
CONTI W T-
BLANKET
MASTER PO
To:
INTERCON ENVIRONMENTAL, INC.
2214 FM 1187 BUILDING #6
MANSFIELD TX 76063
VENDOR ID:15224377745-000
Line Item
Item Description
AUTHORIZED PROJECT.
VENDOR SHALL PROVIDE A COPY OF THE
TEXAS DEPARTMENT OF HEALTH LETTER OR
INVOICE SHOWING ALL FEES PAID TO THE
AGENCY FOR DEMOLITION AND ABATEMENT OF
THE PROJECT.
SPECIFICATION 96"6-15, MARCH 2003,
SECTION 12.4.
THE FOLLOWING APPLIES TO THIS ENTME P.O.
THE FOLLOWING IS A BLANKET ORDER FOR
DEMOLITION OF RIGHT OF WAY IMPROVEMENTS,
INCLUDING ASBESTOS ABATEMENT AND REMOVAL
FOR TXDOT DALLAS DISTRICT, INCLUDES THE
FOLLOWING COUNTIES: COLLIN, DALLAS,
DENTON, ELLIS, KAUFMAN, NAVARRO, AND
ROCKWALL.
TERM OF SERVICE SHALL BEGIN ON PURCHASE
ORDER ISSUE DATE AND CONTINUE FOR A
PERIOD OF 24 MONTHS WITH THE OPTION TO
RENEW FOR UP TO TWO ADDITIONAL PERIODS
OF TIME, PROVIDED BOTH PARTIES AGREE IN
WRITING TO DO SO PRIOR TO THE EXPIRATION
OF THE PURCHASE ORDER.
THE FOLLOWING SHALL APPLY TO EACH
PROJECT (PARCEL):
1. VENDOR AND TXDOT REPRESENTATIVE
SHALL JOINTLY PERFORM A SITE SURVEY AND
AGREE TO AN ESTIMATED PROJECT COST USING
THE BID SCHEDULE.
PAGE 3
P.O. No: B182006510735000
Bid Number: B182006011343000
P.O. Date: 05/10/2006
Purchase Of Services
Agency To Invoice:
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 75313-3067
BUYER: 864 - MONTGOMERY, MICHAEL
Quantity Unit Unit Extended
Cost Cost
CONTINUED
Texas
D Tex s ent
pa
F
Transportation
To:
INTERCON ENVIRONMENTAL, INC.
2214 FM 1187 BUILDING #6
MANSFIELD TX 76063
BLANKET
MASTER PO
VENDOR ID: 152243 77745-000
Line item
f Item Description
2. VENDOR SHALL COMPLETE EACH PROJECT
WITHIN THE FOLLOWING DEMOLITION
SCHEDULE.
.. ** TOTAL COMPLETION TIME SHALL BE NO
MORE THAN 60 CALENDAR DAYS FOR
RESIDENTIAL AND 90 CALENDAR DAYS FOR
COMMERCIAL PROPERTIES, FROM THE DAY WORK
IS AUTHORIZED.BY TXDOT REPRESENTATIVE.
** BOND(S) AND TEXAS DEPARTMENT OF
HEALTH (TDH) NOTIFICATIONS SHALL BE
SUBMITTED TO TXDOT WITHIN 10 CALENDAR
DAYS OF THE DATE WORK IS AUTHORIZED
BY TXDOT REPRESENTATIVE.
** ABATEMENT AND DEMOLITION SHALL BEGIN
FORMS ARE PROVIDED TO TXDOT AND TDH.
ABATEMENT SHALL BE COMPLETED IN
ACCORDANCE WITH THE ABATEMENT
SPECIFICATIONS.
** DEMOLITION SHALL BEGIN WITHIN 6 DAYS
OF COMPLETION OF ASBESTOS ABATEMENT.
VENDOR SHALL PROVIDE A COPY OF THE
ASBESTOS ABATEMENT CONTRACTOR'S LICENSE
WITH BID SUBMITTAL. VENDOR SHALL
MAINTAIN CERTIFICATIONS THROUGHOUT THE
TERM OF THE PURCHASE ORDER.
TESTING FOR ASBESTOS WILL BE TXD07S
RESPONSIBILITY: REFERENCE PAR: 3.OF
SPECIFICATIONS.
SERVICE SHALL BE PERFORMED IN ACCORDANCE
WITH:
PAGE 4
P.O. No: B182006510735000
Bid Number. B182006011343000
P.O. Date: 05/10/2006
Purchase Of Services
Agency To Invoice:
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT.
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 75313-3067
BUYER: 864 - MONTGOMERY, MICHAEL
Quantity Unit Unit Extended
Cost Cost
** TXDOT SPECIFICATION NO. 968-66-15,
CONTINUED
BLANKET
To:
INTERCON ENVIRONMENTAL, INC.
2214 FM 1187 BUILDING #6
MANSFIELD TX 76063
VENDOR ID:15224377745-000
Line Item
Item Description
4 PAGES, REVISED
MARCH 2O03, WITH THE
FOLLOWING EXCEPTIONS:
- PARAGRAPH 5.3 SHOULD READ:
"DEMOLISH ADN DISPOSE OF THE
IMPROVEMENTS) LOCATED ON TXDOT RIGHT
OF WAY AS DIRECTED BY THE TXDOT
REPRESENTATIVE, AS A MINIMUM, BUT NOT
LIMITED TO, THE FOLLOWING SHALL BE
INCLUDED: BUILDINGS, STRUCTURES,
CONCRETE OR ASPHALT SLABS, FOUNDATIONS,
FOOTINGS, DRIVEWAYS, PARKING LOTS,
TIRES, ANY DEBRIS, FENCES AND SWIMMING
POOLS."
- SECTION 10. PARAGRAPH 10.5. - DELETE
** BID SCHEDULE, 5 PAGES
** TEXAS DEAPRTMENT OF TRANSPORTATION
GENERAL TERMS AND CONDITIONS, REVISED
AUGUST 2005.
- PAYMENT WILL BE IN ACCORDANCE WITH
PART II, PARAGRAPH 9. AND 9.1.
PAYMENT WILL BE MADE IN THE FORM OF A
"LUMP SUM" WHEN IMPROVEMENTS) IS
REMOVED, DEBRIS IS CLEARED, ALL WORK IS
APPROVED BY TXDOT REPRESENTATIVE, ALL
NOTIFICATION FEES HAVE BEEN PAID TO THE
TEXAS DEPARTMENT OF HEALTH (IF
APPLICABLE) AND UPON RECEIPT OF
DOCUMENTS SHOWING PROOF OF SUB-
CONTACTOR'S COMPLETE AND FINAL PAYMENT
(IF APPLICABLE).
- INSURANCE SHALL BE IN ACCORDANCE
WITH PART 11, PARAGRAPHS 10. THROUGH
10.4. WITH THE FOLLOWING EXCEPTION.
PAGE 5
P.O. No: B182006510735000
Bid Number: B182006011343000
P.O. Date: 05/10/2006
Purchase Of Services
Agency To Invoice:
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 75313-3067
BUYER: 864 - MONTGOMERY, MICHAEL
Quantity Unit Unit Extended i
Cost Cost
CONTINUED
BLANKET
MASTER PO
To:
INTERCON ENVIRONMENTAL, INC.
2214 FM 1187 BUILDING #6
MANSFIELD TX 76063
VENDOR ID:15224377745-000
Line Item
Item Description
— VENDOR SHALL HAVE $1,000,000.00
COMMERCIAL GENERAL LIABILITY INSURANCE.
PLEASE NOTICE PARAGRAPH 10.OF THE
GENERAL TERMS AND CONDITIONS. VENDOR
RECEIVING AWARD WILL HAVE 10 CALENDAR
DAYS AFTER RECEIPT OF ORDER TO PROVIDE
REQUIRED PROOF OF INSURANCE AND TO
BEGIN PERFORMANCE UNDER THE PURCHASE
ORDER. FAILURE TO DO SO MAY RESULT
IN CANCELLATION OF THE PURCHASE ORDER
AND RE -AWARD TO THE NEXT RESPONSIVE,
RESPONSIBLE BIDDER.
'+ TXDOT FORM 20.102, CERTIFICATE OF
INSURANCE.
PRIOR TO INITIATION OF ANY WORK, VENDOR
SHALL COORDINATE WORK SCHEDULE WITH
TXDOTS ASBESTO SERVICES CONTRACTOR.
QUANTITY(IES) ARE ESTIMATED: TXDOT
DOES NOT GUARANTEE TO PURCHASE ANY
MINIMUM QUANTITY.
TXDOT RESERVES THE RIGHT TO INCREASE
THE QUANTIT`Y(IES) OF THE PURCHASE
ORDER AT THE SAME ORIGINAL TERMS AND
CONDITIONS. THE VENDOR WILL BE
NOTIFIED IN WRITING BY PURCHASE ORDER
CHANGE NOTICE OF ANY REQUIREMENTS FOR
ADDITIONAL QUANTITMES).
ANY CONTRACT RESULTING FROM THIS
INVITATION FOR BID IS CONTINGENT
UPON THE CONTINUED AVAILABILITY OF
APPROPRIATIONS.
PAGE 6
P.O. No: B182006510735000
Bid Number: B182006011343000
P.O. Date: 05/10/2006
Purchase Of Services
Agency To Invoice:
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 75313-3067
BUYER: 864 — MONTGOMERY, MICHAEL
a ntity Unit Unit Extended
Cost Cost
. i ... . .. . ...l..... ... .. I , -... .. - . . "I
Ua,
CONTINUED
Texas
Department
of Transportation
To:
INTERCON ENVIRONMENTAL, INC.
2214 FM 1187 BUILDING #6
MANSFIELD TX 76063
BLANKET
PAGE 7
P.O. No: B182006510735000
MASTER PO Bid Number. B182006011343000
P.O. Date: 05/10/2006
Purchase Of Services
Agency To Invoice:
TEXAS DEPARTMENT OF TRANSPORTATION
VENDOR ID:16224377745-000
Lille Item
Item Description
"THE UNITSTATE F TEXAS WILL PERMIT
PRICE" ADJUSTMENTS UPWARDLY OR
DOWNWARDLY WHEN CORRELATED WITH THE
PRICE INDEX SPECIFIED HEREIN. UNLESS
OTHERWISE INDICATED, THE PRICE INDEX
SHALL BE THE SPECIFIED INDEX AS
PUBLISHED BY THE BUREAU OF LABOR
STATISTICS, WASHINGTON, DC 20212.
THE BASELINE INDEX SHALL BE THE
INDEX ANNOUNCED FOR THE MONTH IN
WHICH THE BIDS OPENED. UNIT PRICES
MAY BE ADJUSTED FOR EACH RENEWAL
PERIOD IN ACCORDANCE WITH CHANGES IN
INDEX. THE ALLOWABLE PERCENT CHANGE
SHALL BE CALCULATED BY SUBTRACTING
THE BASELINE INDEX FROM THE INDEX
ANNOUNCED FOR THE MONTH IN WHICH THE
RENEWAL OPTION IS EXERCISED AND
DIVIDING THE RESULT BY THE BASELINE
INDEX THE ALLOWABLE PERCENT CHANGE
SHALL BE ROUNDED TO THE NEAREST ONE -
HUNDREDTH OF ONE PERCENT AND SHALL
BE THE MAXIMUM UNIT PRICE ADJUSTMENT
PERMITED, EXCEPT THAT THE VENDOR MAY
OFFER PRICE DECREASES IN EXCESS OF
THE ALLOWABLE PERCENT CHANGE. PRICE
INCREASES FOR THE FIRST AND SECOND
EXTENSION PERIODS WILL BE BASED ON
THE CPI-W.
NOTICE: COOPERATIVE PURCHASING MEMBERS:
THIS PURCHASE ORDER IS AVAILABLE FOR USE
BY QUALIFIED ENTITIES PARTICIPATING IN
THE TEXAS BUILDING PROCUREMENT
COMMISSION'S (TBPC) COOPERATIVE
PURCHASING PROGRAM PROVIDING IT DOES NOT
CONFLICT WITH THE ENTITIES'S STATUTES,
POLICIES OR PROCEDURES.
DALLAS DISTRICT
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 75313-3067
BUYER: 864 - MONTGOMERY, MICHAEL
Quantity Unit Unit Extended
Cost Cost
CONTINUED
4'
Texas
ter. Department
of Transportation
To:
INTERCON ENVIRONMENTAL, INC.
2214 FM 1187 BUILDING #6
MANSFIELD TX 76063
VENDOR ID:15224377745-000
Line Item
Item Description
BLANKET
MASTER PO
QUALIFIED ORDERING ENTITIES MAY USE THE
PRICE SHWON IN THIS PURCHASE ORDER TO
ISSUE PURCHASE ORDERS FOR STATED
QUANTITY(IES), DELIVERY(S) AND
LOCATION(S) MUST BE Liar z.mw4 P.
THAN THE ORIGINATING AGENCY'S
LOCATION(S). ANY PURCHASE ORDERS SHALL
REFERENCE THE PURCHASE ORDER NUMBER,
ORDER DATE AND BID NUMBER.
ANY ACTIONS NECESSARY FOR THE
ADMINISTRATION OF THE PURCHASE ORDER(S)
ISSUED BY PARTICIPATING ENTITIES ARE THE
RESPONSIBILITY OF THE ENTITY AND ;WILL
NOT BE ASSUMED OR MANAGED BY THE
ORIGINATING AGENCY. THESE ACTIONS
INCLUDE, BUT ARE NOT LIMMD TO:
FUNDING, DELIVERY, INVOICE PROCESSING,
CANCELLATION, PROBLEM RESOLUTION AND/OR
ANY OTHER ACTIONS BETWEEN THE VENDOR
AND THE ENTITY.
THIS IS A MULTIPLE AWARD SERVICE
ADVERTISED UNDER BID B182006091254000
ALL SUPPORTING DOCUMENTS CAN BE FOUND
WITH THAT BID.
VENDOR CONTACT: PRESIDENT / KAREN ANDREWS
PHONE: 817 477-9995 FAX: 817 477-9996
PAGE 8 (LAST PAGE)
P.O. No: B182006510735000
Bid Number. B182006011343000
P.O. Date: 05/10/2006
Purchase Of Services
Agency To Invoice:
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
VOUCHER PROCESSING
PO BOX 133067
DALLAS TX 75313-3067
BUYER: 864 - MONTGOMERY, MICHAEL
Quantity Unit Unit Extended
Cost Cost
P.O. Total $3,448,050.00
Submitted by: Intercon Environmental, Inc.
Bid Schedule - Right - of - Way Improvements(s) -
Demolish & Asbestos Removal
TxDOT Specification 968-66-15, March 2003
Bid :No.: B182006091254000, Opening Date: 03/28/2006
Part I
Pricing Schedule for Demolition of Improvement
Estimates - 24 Month Period
Item Description Estimated Unit of
UNIT TOTAL
1- 800 Square Feet, not including slab
8,000
SQFT $1.30
$10,400.00
801-1500 Square Feet, not including slab
45,000
SOFT $1.25
$56,250.00
1501-2200 Square Feet, not including slab
110,000
SOFT S1.20
S132,000.00
2201- 3000 Square Feet, not including slab
60,000
SOFT S1.15
$69,000.00
1- 800 Square Feet, not including slab
800 -1500 Square Fet, not including slab
1501- 2200 Square Fet, not including slab
2201 - 3000 Square Feet, not including slab
Concrete or gunite in ground (including spas,
Jacuzzisr etc)
Bid DocsrrX DOT—
I 1 r 9 ■
8,000
SOFT
60,000
SQFT
110,000
SQFT
200,000
SOFT
2,000 CUFT
$2.50
$10,400.00
$75,000.00
$132,000.00
$230,000.00
$777,000.00
$5,000.00
Bid No.: B182006091254000, Opening Date: 03/28/2006
Part I
Pricing Schedule for Demolition of Improvement
Estimates - 24 Month P :riod
1.4 Residential slab. Single family, including footers, beams, piers, etc.
1.5 Commercial slab including footers, beams, piers, etc.
1.6 Concrete and asphalt removal, driveway, sidewalk, patio, parking
lot, etc. with or without reinforcement up to 6 " thick
Per inch of additional thickness of pavement for item 1.6
1.7 Misc. debris removal, i.e. trash, shrubs, above ground pools, etc.
Does not include debris as a result of demolition.
1.8 Removal of misc. items, metal or wood storage shed, etc.
1.9 Removal of misc. items, wood or metal fence, etc.
1.10 Removal of wood decking and supports
Surcharge for transporting debris (outside of county where work is
1.11 being performed). Includes debris as a result of demolition and
other.
1.12 Mobilization Fee (includes disconnect, equipment, generators,
traffic control, etc.
1.13 Freon recovery
1.14 Commercial storm sewer, cut and cap (up to 12" Diameter)
1.15 Commercial storm sewer, cut and cap (12" - 24" Diameter)
1.16 Pump out septic tanks and remove
1.17 Signage, commercial advertising, etc
1.18 Fill dirt
1.19 Special (temporary) site protection needs: fencing, barricades, eta
1.20 Silk screen fencing (permanent placement)
Submitted by: Intercon Environmental, Inc. --
220,000
SQFT
$0.60
$132,000.00
600,000
SQFT
$0.60
$360,000.00
500,000
SQFT
$0.60
$300,000.00
10,000
SQFT
$0.10
$1,000.00
5,000
CUYD
$10.00
$50,000.00
2,000
SQFT
$5.00
$10,000.00
15,000
LFT
$2.00
$30,000.00
5,000
SQFT
$2.00
$10,000.00
120,000
CUYD
$0.00
$0.00
400
EACH
$700.00
$280,000.00
5,000
LB
$3.00
$15,000.00
10
EACH
$400.00
$4,000.00
10
EACH
$500.00
$5,000.00
12
'EACH
$3,000.00
$36,000.00
1,000
SQFT
$2.00
$2,000.00
50,000
CUYD
$4.50
$225,000.00
2,000
LFT
$2.00
$4,000.00
2,000
LFT
$1.50
$3,000.00
Did DocsrFX DQT-
-2-
Submitted by: Intercon Environmental, Inc.
Bid No.: B182006091254000r Opening Date: 03/28/2006
Part II
Pricing Schedule for Abatement and Removal of Asbestos
Estimates - 24 Month Per od
2.1
Linoleum or Floor Covering single layer, may include
5,000
SQFT
$2.00
$10,000.00
mastic
2.2
Sheetrock / joint compound
10,000
SQ1' T
$2.00
$20,000.00
2.3
Floor Tile, single layer, may include mastic
5.3000
SQFT
$2.00
$10,000.00
2.4
Floor Tile, multi layer, may include mastic
1,000
SQFT
$2.50
$2,500.00
2.5
Spray on Ceiling texture
1,000
SQFT
$2.00
$2,000.00
2.6
Spray on Wall texture
5,000
SQFT
$2.00
$10,000.00
2.7
Cement Shingles, corrugated, non -corrugated tilts, etc.
1,000
SQFT
$2.00
$2,000.00
2.8
Cement Shingles, Transite
500
SQFT
$2.00
$1,000.00
2.9
Felt Paper
5,000
SQFT
$2.00
$10,000.00
2.10
Siding Transite
5,000
SQFT
$2.00
$10,000.00
Bid DocslrX DOT- -3-
Submitted by: Intercon tnvironmentai, Inc. -_
Bid No.: B182006091254000, Opening Date: 03/28/2006
Part II
Pricing Schedule for Abatement and Removal of Asbestos
Estimates - 24 Month Period
2.11
Blown -on or Spray Insulation
10,000
SQFT
$2.00
$20,000.00
2.12
Wall Panel Heater Insulation
5,000
SQFT
$2.00
$10,000.00
2.13
Transite Soffits & Dacia
1,000
SQFT
$2.00
$2,000.00
2.14
Carpet Removal
• 10,000
SQFT
$1.00
$10,000.00
2.15
Insulation and Mastic on Pipe less than 6 inches
1,000
LFT
$12.00
$12,000.00
diameter
216
Insulation and Mastic on Pipe 6 to 12 inches
500
LFT
$15.00
$7,500.00
diameter
2.17
Insulation and Mastic on Pipe greater than 12 inches
100
LFT
$20.00
$2,000.00
diameter
2.18
Mastic on Duct Insulation
500
LFT
$4.00
$2,000.00
2.19
Debris not classified, mixture of various types of
1,000
CUYD
$40.00
$40,000.00
asbestos and trash.
2.2
Mobilization Charge
30
EACH
$1,000.00
$30,000.00
2.21
Demobilization Charge
30
EACH
$1,000.00
$30,000.00
Bid DocsrrX 00T—
-4-
Submitted by: Intercon Environmental, Inc.
Bid No.: B182006091254000, Opening Date: 03/28/2006
1
Input Grand Total on Line 1 of Bid
C===:> ==:> c>
Grand Total 1 $3,273,050.00
It will be TxDOT's responsibiltty to test for asbestos. Excluding the above mentioned., TxDOT wil normally take responsibility for
any other removal and disposal of Hazardous Waste/Materials (unknown substances).
Bonding and TDH fees shall not be included in the pricing schedule.
This bid schedule shall be returned with sealed bid for the bid to be considered.
Bid Dom= DOT—
-5-
i
TEXAS DEPARTMENT OF TRANSPORTATION
GENERAL SERVICES DIVISION
PREPARED BY: VICKIE GRAFF,.CPPB, CTPM/TERRY SMITH, CTPM SPECIFICATION NO.
FAX NUMBER: 512-416-21521713-802-5520 TxDOT 968-66-15•
EMAIL: varaff(cbdot.state.bcus / tsmith(cb.dot.stale.bc.us REVISED: MARCH 2O03
RIGHT MY4 EMOUFfSt.
PUBLICATION
This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of TxDOT to support other
entities by making this specification available through National Institute of Governmental Purchasing (NIGP). This specification may
not be sold for profit or monetary gain. If this specification is altered In any way, the header, and any and all references to TxDOT
must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by
any other entity.
1. SCOPE: This specification describes the service to move or demolish, salvage and/or dispose of improvements on right of way
parcels purchased for highway improvements and enhancement projects.
2. PA PLICABLE LAWS AND STANDARDS
2.1. Al work performed under the purchase order shall be in compliance with all federal, stale and local laws, statutes and
ordinances in whose jurisdiction the service is performed.
2.2. The vendor shall obtain all permits required to perform the work.
3. ASBESTOS TESTIJG: The improvement(s) HAVE BEEy IPTED for regulated asbestos containing material (RACM). A
copy of the report of the findings is available upon request The testing was done without any direct supervision from TxDOT
and the report reflects the conclusions of the tester, not TxDOT. TOOT makes no warranty, guarantee, or representation,
express or Implied, concerning the accuracy, correctness or completeness or said report.
4. RESPONDENT QUALIFICATIONS
4.1. Respondent shall have three years of experience in moving and/or demolishing buildings (Ref. Para. 15.2).
4.2. Respondent shall hold and retain for the duration of the purchase order, all applicable licenses and permits necessary to
perform all services pertaining to the purchase order (Ref. Para. 15.3).
5. SERVICE REQUIREMENTS: The vendor shall:
5.1. Provide all labor, materials, facilities, equipment, services, permits, notifications and agreements necessary to perform
the work required.
5.2. Attend pre -work site visits and coordinate a schedule with TxDOrs designated representative for start and completion
dates of each project.
5.3. Move and/or demolish, salvage and/or dispose of the improvement(s) located on the parce)(s) as shown on the
solicitation. As a minimum, but not limited to, the following shall be Included: buildings, structures, concrete or asphalt
slabs, foundations, footings, driveways, parking lots, fences and swimming pools.
5.4. If applicable, recover all refrigerants from equipment In accordance with all applicable laws prior to moving or
demolishing the improvement.
5.5. Arrange for all private utility lines servicing the property to be disconnected, capped or relocated, including all electrical,
sewer, water and natural gas lines.
5.5.1. Water wells shall be capped or plugged, as directed by TxDOT, in accordance with all federal, stale and local
regulations.
This Specification Supercedes Specification TxDOT No. 968-Ml5, Dated November 2002.
1-4
SPECIFICATION NO.
TxDOT 968-66-15
DATED: MARCH 2O03
5.5.2. All solid and liquid material shall be removed from septic tanks. Septage shall be transported and disposed of
in accordance with all federal, state and local regulations.
5.6. Provide a site supervisor at the project any time work is being performed. The site supervisor shall have the ability to
make on -site decisions.
5.7. Comply with the following if the improvement is to be moved:
5.7.1. Transport In accordance with all state and local ordinances and regulations.
5.7.2. Obtain any permits and make necessary arrangements with local authorities to transport the improvement,
including escorts, If required.
5.8. Apply water to the ground and to debris prior to and during demolition to minimize dust related to demolition.
5.9. Contain all loose trash and debris In a dosed container.
5.10. Conduct operations to ensure little or no obstruction or interference with roads, streets, walks and other adjacent
occupied or used facilities.
6.11. Allow access to the property at all times providing access would not Interfere with operations and/or endanger lives.
5.12. Secure property from unauthorized entrance.
6.13. Be responsible for the preservation of all public and private property and use every precaution to prevent damage
thereto. Any damage shall be repaired and/or replaced at the expense of the vendor.
5.14. Return all materials used by TxDOT to secure the Improvements to TOOT prior to beginning work.
5.15. Backfill any hole or depression exposed as a result of removal of improvements with clean soil to meet the surrounding
grade level. Clean soil shall be compacted consistent with surrounding grade.
5.16. Upon completion, leave the parcel(s) free of all debris and in an orderly state including sweeping sidewalks clear of dirt
and debris.
5.17. To the greatest extent possible, salvage, reuse or recycle waste materials produced in order to minimize the impact of
construction wastes on landfills, and to minimized the expenditure of energy and cost in fabricating new materials.
5.18. Properly and safely transport and dispose of all debris at an approved Texas Commission on Environmental Quality
(fECQ) disposal facility. Proof of where disposal of waste occurred shall be provided to TxDOT. Cost for disposal shall
be included in the bid price.
6. TRAFFIC CONTROL
6.1. The vendor shall adhere to the guidelines and procedures set forth in the Texas Manual on Uniform Traffic Control
Devices, latest Issue, regarding lane closures.
6.2. Traffic control plans shall be submitted to and approved by TxDOT prior to closing any traffic lanes.
7. VENDOR'S USE OF PREMISES: The vendor shall:
7.1. Not use any explosives without written approval from TxDOT.
7.2. Handle and store equipment, materials and supplies in a safe and orderly manner and keep the premises orderly,
sanitary and free from accumulation of rubbish resulting from operations.
7.3. Be responsible for any materials and/or equipment left on site. Any loss of materials and/or equipment due to theft,
vandalism, etc shall be the total responsibility of the vendor.
7.4. Not utilize the work site or other associated TxDOT property for the purpose of distributing or selling any portion of the
Improvement
B. SERVICE AREA: The service area is shown on the solicitation.
2-4
LAW
SPECIFICATION NO.
TxDOT 968-66-15
DATED: MARCH 2O03
9. HAZARDOUS MATERIALS: If hazardous materials, other than those identified on the solicitation, are found to be present at
any parcel, then all work will be postponed Immediately until such time that all hazardous materials can be remediated and
disposed of properly. This work will be handled under a separate purchase order.
10, j?AYMENT AND PERFORMANCE BONDS
10.1. PAYMENT BOND: If the total solicitation for services to be performed under the purchase order exceeds $25,000, the
vendors shall submit a payment bond.
10.2. PERFORMANCE AND PAYMENT BONDS: If the total solicitation for services to be performed under the purchase order
exceeds $100,000, the vendor shall submit a performance bond and payment bond.
10.3. Bonds shall be executed in accordance with Article 7.19-1, Vernon's Texas Insurance Code.
10.4. Bonds are not required on purchase orders under $25,000.
10.5. The cost of the bond shall be Included In the bid price.
10.6. If using bonds, the bond(s) shall be executed on a form provided by TxDOT and returned to TxDOT within 15 calendar
days after written notice has been Issued to the vendor. A Power of Attorney and a printed document stating the bonding
company's name, address and telephone number and the Texas Department of insurance telephone number shall
accompany the bond(s).
10.7. Acceptable forms of bonding are cashier's check, certified check or irrevocable letter of credit issued by a financial
institution subject to the laws of Texas; a surety or blanket bond from a company chartered or authorized to do business
in Texas and entered on the United States Department of Treasury's listing of approved sureties or the Texas
Department of Insurance listing; United States treasury bond; or certificate of deposit.
11. WORK AUTHORIZATION/SCHEDULE
11.1. TxDOT's designated representative will contact the vendor by telephone to request service under the purchase order. A
written request for service will be faxed or mailed to the vendor within 24 hours of Initial notification. All known
information pertaining to the parcel(s) will be sent with the written requesL Work under the purchase order will be
authorized by site -specific work orders issued by TxDOT.
11.2. TxDOT's designated representative and the vendor will schedule a pre -work site visit at the time service is requested by
telephone.
12. COMMENCEMENT OF WORK
12.1. The vendor shall submit the following to Texas Department of Health (TDH) prior to commencement of work:
12.1.1. A completed and signed original of the forth titled TEXAS DEPARTMENT OF HEALTH
DEMOLITION/RENOVATION NOTIFICATION FORM required by the TDH, and all amendments or
modifications thereto, that have been provided to the TDH (the name of the facility owner shall be the Texas
Department of Transportation).
12.2. Work shall not commence until the required ten work day waiting period as specified by TDH has lapsed.
12.3. Vendor shall pay all applicable filing fees for each project.
12.4. The vendor shall submit the following to TxDOT prior. to commencement of work:
12.4.1. Proof of insurance.
12.4.2. Applicable bond(s).
12.4.3. A completed and signed photocopy of the forth titled TEXAS DEPARTMENT OF HEALTH
DEMOLITION/RENOVATION NOTIFICATION FORM required by the TDH, and all amendments or
modifications thereto, that have been provided to the TDH.
12.4.4. All other permits and/or notifications required by any County resolution and/or City code or ordinance, together
with all amendments or modifications thereto.
3-4
99
SPECIFICATION NO.
TxDOT 968-66-15
DATED: MARCH 2O03
12.4.5. A signed statement that the above referenced forms and all amendments or modifications thereto, were
furnished as required.
13. INVOICING INSTRUCTIONS
13.1. Vendor shall submit the invoice to the address shown on the purchase order.
13.2. Vendor shall separate the cost for each line item on the purchase order.
13.3. Invoice shall Include the following information:
13.3.1. TxDOT Purchase Order Number.
13.3.2. Invoice number.
13.3.3. Vendor's name, remit to address and telephone number.
13.3.4. Parcel number, location, dates of service and description of services performed.
13.3.5. Unit price and extension.
13.3.6. Proof of disposal location (Ref. Para. 5.18).
14. PAYMENT: TxDOT will not pay any travel or per diem for services performed under the purchase order.
15. SOLICITATION SUBMISSION: The following shall be submitted with the solicitation response.
15.1. Completed and signed Invitation for Bid.
15.2. References: Respondents shall submit at least three references from firths that can substantiate the requirements in
Paragraph 4.1. References may be checked prior to award. Negative responses may dlsquatify the solicitation from
consideration.
15.3. Copies of license (Ref. Para. 42).
15.4. HUB Subcontracting Plan, if required on the solicitation.
16. AWARD
16.1. No split awards will be considered.
182. Multiple purchase orders may be awarded from this solicitation. Award will be made to the lowest responsive,
responsible respondents meeting specification. A maximum of three purchase orders may be awarded.
4-4
Revised: August 2005'
TEXAS DEPARTMENT OF TRANSPORTATION
TERMS AND CONDITIONS
PART
GENERAL TERMS AND CONDITIONS
Part I of the General Terms and Conditions shall apply to all solicitations [Request for Quote (RFQ), Invitation for Bids (IFB),
Request for Offer (RFO) and Request for Proposal (RFP)) offered by TxDOT. Parts II and III are solicitation specific additions to
Part I.
This procurement falls under the statutory authority of Texas Government Code, Title 10, Subtitle D, Section 2151, at seq.
(commonly known as the "Purchasing Act'. The purchasing procedures Include statutory requirements and those requirements
established by rule of the Texas Building and Procurement Commission (TBPC) as contained in TBPC Rule 1TAC 113.1, et seq.
All purchases are on a firm, foxed price basis unless otherwise stated in the solicitation.
The purchase order may contain a 'Total Cost Not to Exceed" statement. Vendor shall not perform any work that may exceed either
the purchase order total or the not -to -exceed total without prior written authorization from the department.
1. REQUIREMENTS AND ADDITIONAL INFORMATION
1.1. Our system requires pricing per unit shown and extensions. Unit prices shall govern in the event of extension errors. If
a trade discount Is offered on the solicitation response, it should be deducted and net line extensions shown.
1.2. Respondent guarantees product offered will meet or exceed specifications Identified in this solicitation.
1.3. The respondent shell submit the required number of responses required and in the manner stated in the specification or
on the solicitation. Ring binders or excessive Information are not preferred. Responses may be tab Indexed.
1.4. Response should be submitted on the solicitation forth. If submitting multiple responses, each response should be
placed in a separate envelope, correctly Identified with the solicitation number and opening/closing date. Response
must be time stamped in TxDOrs Mail Room or hand delivered to the address on the solicitation before the hour and
date specified for the solicitation opening/dosing.
1.5. Late responses will not be considered under any circumstances. Correctly identified late responses will be returned to
respondent unopened.
1.6. Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for
locating or securing information not included in the response. Failure to furnish required documentation with the
response may result in the response being deemed Incomplete and non -responsive, resulting in rejection. TxDOT will
not be responsible for any expenses relating to responses or development of documentation that may result from this
solicitation.
1.7. All prices shall be F.O.B. destination, freight prepaid and allowed. This means the vendor shall prepay and include the
freight charges in the unit price.
1.8. All prices shall be firth for acceptance for 30 days from solicitation response date unless otherwise stated in the
solicitation. "Discount from list' pricing is not acceptable unless requested. Cash discount will not be considered in
determining the low response; however, all cash discounts offered will be taken If earned. Price(s) shall not increase
during the term of the purchase order or the agreement unless otherwise stated in the specification. Vendor shall offer
price reductions that result in reduced cost to the vendor during the term of the purchase order.
1.9. Failure to sign the solicitation manually in the required space will disqualify the response. The person signing the
response shall have authorization to bind the company in contract. Solicitation response shall Include Texas
Identification Number (TIN), full firth name and address of company. The TIN is the taxpayer number assigned and
used by the Comptroller of Public Accounts of Texas. Enter this TiN in the space provided on the solicitation.
This Revision Supersedes Previous Revision, Revised: May 2005.
1-10
Revised: August 2005•
1.10. Any alterations made before opening/dosing date and time shall be Initialed by respondent or authorized agent.
Response cannot be altered or amended after opening/dosing date and time.
A response may be withdrawn if requested in writing prior to the opening/dosing date and time. A response may be
withdrawn from consideration after the opening/dosing date only with the approval of TxDOT based on respondent's
written, acceptable reason. The response will not be considered for award but will be retained by TxDOT according to
the Response Information Confidentiality provision.
1.11. At the time of opening/dosing for negotiated solicitations, only the names of respondents will be announced. Prices will
not be disclosed.
1.12. Purchases made for State use are exempt from the State Sales tax and Federal Excise tax Do not include tax in
response unless otherwise specified in the solicitation. Excise Tax Exemption Certificate will be furnished by TxDOT
on request
1.13. TxDOT reserves the right to accept or reject all or any part of any response, waive minor technicalities and make award
to best serve the interests of the State. TxDOT reserves the right to reject any response not prepared and submitted in
accordance with the solicitation requirements.
1.14. Consistent and continued tie response pricing may lead to rejection of the response by TxDOT and/or investigation for
antitrust violations.
1.15. Facsimile (FAX) responses may be submitted to the FAX number provided in the solicitation for procurements less than
$26,000, unless other wise stated in the solicitation. For procurements $25,000 and greater. FAX responses will not be
considered unless otherwise stated in the solicitation. All FAX responses must be signed In space provided in the
solicitation. TxDOT will not be responsible for failure of electronic equipment or operator error. Responses that are late,
Illegible, Incomplete or otherwise non-responste will not be considered.
1.16. It is the intent of TxDOT to purchase goods, equipment and services having the least adverse environmental impact
within the constraints of statutory purchasing requirements, departmental need, availability and sound economical
considerations. TxDOT encourages suggested changes and environmental enhancements for possible inclusion in
future revisions of this specification.
1.17. TxDOT Is committed to maintaining an alcohol-, drug-, and firearm -free workplace. Possession, use, or being under
the Influence of alcohol or controlled substances by vendors employees while.in the performance of any service Is
prohibited. Violation of this requirement shall constitute grounds for cancellation of the purchase order. Vendor's
employees shall comply with TxDOT's policy prohibiting smoking In TxDOT buildings.
1.18. All work by the vendor shall be performed between the hours of 8:00 a.m. and 5:00 p.m., unless otherwise specified,
only on work)ng days observed by TxDOT. Working days are usually Monday through Friday of each week.
1.19. Response Information Confidentiality: All Information submitted with a response is subject to and will be handled In
accordance with the Texas Public Information Act, Government Code, Chapter 552. The Act allows the public to have
access to. information in the possession of a governmental body1hrough an open records request Therefore, the
respondent must dearly identify in the response any confidential or proprietary information. Proprietary information
Identified by the respondent in the response, will be kept confidential by TxDOT to the extent permitted by state law.
TxDOT will use best efforts to give the respondent or the awarded vendor an opportunity to present its arguments to the
Office of the Attorney General why the identified confidential or proprietary information should not be disclosed.
All Information submitted in a response must be retained by TxDOT for the period specified In TxDOT's record retention
schedule created under Government Code, Chapter 441. The information may not be returned to the respondent.
2. SPECIFICATIONS
2.1. The goods furnished or service performed shall be in accordance with the purchase specifications. TxDOT will decide
all questions, which may arise as to the interpretation of the specifications and the quality, or acceptability of goods
furnished or work performed. if the solicitation Is for a service, TxDOT will decide the manner of performance and the
rate of progress of the work and the acceptable fulfillment of the service on the part of the vendor.
2.2. Any catalog, brand name or manufacturer's reference used in the solfdtatlon is descriptive only (not restrictive), and Is
used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless
advertised as proprietary or sole source under Texas Government Code (TGC), Title 10. Subtitle D, Section 2155.067.
Show manufacturer, brand or trade name, and other description of product offered on response. If offer is for other than
example(s) shown, Include illustrations and complete description of product In the solicitation response. if respondent
takes no exception to specifications or reference data in the response, the vendor will be required to furnish brand
names, numbers, etc., as specified.
2-10
Revised: August 2005'
2.3. Unless otherwise specified, all items offered shall be new and in first class condition, Including shipping and storage
containers. Verbal agreements to the contrary will not be recognized.
2.4. Product samples, when requested, must be furnished at no cost to TxDOT. If not destroyed in examination or testing,
product samples will be returned upon request, at respondent's expense. Each product sample shall be marked with
respondent's name and address, and TxDOT solicitation number. Do not enclose in or attach response to product
sample.
2.5. TxDOT will not be bound by any oral statement or representation contrary to the written specifications of this
solicitation. All addenda to and interpretations of this solicitation shall be In writing. Any addenda or interpretation that
is not In writing will not legally bind TxDOT.
2.6. Manufacturer's standard warranty shall apply unless otherwise stated in this solicitation.
2.7. All electrical items shall meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL,
FMRC or NEMA.
TiE RESPONSES: Award will be made in accordance with RULE 1 Texas Administrative Code (TAC) Section 113.6(b) (3) and
113.8 (Preferences).
4. PREFERENCES A respondent may claim a preference under Rule 1TAC 113.8. To claim a preference, a respondent shall
Identify the preference, on the face of the solicitation. If the appropriate area on the solicitation Is not marked, a preference will
not be granted unless other documents included in the bid show a right to the preference.
Preferences may be claimed for the following:
Tie-81d Preferences:
• Supplies, materials or equipment produced In Texas or offered by a Texas bidder
• Agricultural products grown in Texas
• Agricultural products offered by Texas bidder
• USA produced supplies, material or equipment
• Products produced at facilities located on formerly contaminated property
• Products and services from economically depressed or blighted areas
Source Preference
• Products of persons with mental or physical disabilities
SDecification Preferences
• Products made of recycled materials
• Energy efficient products
• Rubberized asphalt paving materials
• Recycled motor oil and lubricants
5. DELIVERY
5.1. Response should stow number of days required to place material, or begin service (if required), at TxDOT's designated
location under normal conditions. Failure to state delivery time obligates vendor to complete delivery in 14 calendar
days. Unrealistic delivery promises may cause response to be rejected.
5.2. If delay is foreseen, vendor shall give written notice to TxDOT. TxDOT has the right to extend delivery date it reasons
appear valid. Vendor shall keep TxDOT advised at all times of status of order. Default in promised delivery (without
accepted reasons) or failure to meet specifications, authorizes TxDOT to purchase goods or services elsewhere and
charge full Increase, if any, in cost and handling to defaulting vendor.
5.3. No substitutions or cancellations permitted without written approval of TxDOT.
5.4. Delivery shall be made during normal working hours only, unless prior approval has been obtained from TxDOT or
otherwise stated In solicitation.
5.5. Receipt of goods does not constitute acceptance.
3-10
Revised: August 2005'
6. INSPECTIONS AND TESTS: Goods and services will be subject to inspection and test by TxDOT to the extent practicable at
all times and places. Tests will be performed on samples submitted with the response or on samples taken from regular
shipment In the event samples tested fail to meet or exceed all conditions and requirements of the specification, the cost of
the sample used and the cost of the testing shall be bome by the vendor. Goods which have been delivered and rejected in
whole or in part may at TxDOT's option, be returned to the vendor or held for disposition at vendor's risk and expense.
Authorized TxDOT personnel shall have access to any vendor's place of business for the purpose of inspecting goods and
services. latent defects may result in revocation of acceptance.
7. AWARD OF PURCHASE ORDER: A response to a solicitation is an offer to contract with TxDOT based upon the terms,
conditions and specifications contained in the solicitation. Responses do not become contracts unless and until they are
accepted through an authorized TxDOT designee by issuance of a purchase order.
7.1. Any purchase order resulting from this solicitation is subject to cancellation without penalty, either In whole or In part, If
funds are not appropriated by the Texas Legislature. The purchase order for this procurement shall be governed,
construed and interpreted under the laws of the State of Texas.
7.2. BEST VALUE CRITERIA FOR PURCHASE OF GOODS OR SERVICES — When specified in the solicitation, the
factors listed In Texas Government Code, Title 10, Subtitle D, Section 2155.074 will also be considered In making a
best value award. This section allows TxDOT to develop and apply award evaluation criteria for a procurement In order
to obtain goods and services that provide the best value for TxDOT.
In determining best value, other relevant factors may be considered In addition to purchase price and whether the
product meets specifications. Those factors are:
• installation costs; life cycle costs;
• the quality and reliability of goods and services;
• the delivery terms;
• indicators of probable vendor performance;
• cost of employee training associated with a purchase;
• the effect of a purchase on agency productivity; and
• other factors relevant to determining best value for the state in the context of a particular purchase.
Under these guidelines, a vendor is not automatically awarded a purchase order simply because they submit the lowest
bid response.
7.3. The purchase order is void if sold or assigned to another company without written approval of TxDOT. Written
notification of changes to company name, address, telephone number, etc. shag be provided to TxDOT as soon as
possible but not later than 30 days from the date of change.
8. PAYMENT: Payment will be made in accordance with the Texas Prompt Payment Law, TGC, Subtitle F, Chapter 2251.
Vendor shall submit two copies of a correct itemized Invoice showing the purchase order number, payee I.D., remit to address,
and phone number on all copies. TxDOT will Incur no penalty for late payment If payment is made in 30 days or less from
receipt of goods or services and a correct invoice, whichever is later.
NOTE: Warrants will not be issued to a vendor without a current Texas Identification Number and will be held by the
State Comptroller if there is a tax liability.
9. PATENTS OR COPYRIGHTS: The vendor agrees to protect TxDOT and the State from claims involving Infringement of patent
or copyrights. The vendor agrees to indemnify, hold harmless and defend TxDITT and the State from claims involving
Infringement of patent or copyrights at vendors expense.
10. VENDOR ASSIGNMENTS: Vendor hereby assigns purchaser any and all claims for overcharges associated with this contract
which arise under the antitrust laws of the United States (15 U.S.CA. Section 1, et seq. [19731). and which arise under the
antitrust laws of the Stale of Texas, Tex. Bus. & Comm. Code Ann. Sea 15.01, at seq. (1967). Inquiries pertaining to this
solicitation must give solicitation number and opening/closing date.
11. RESPONDENT AFFIRMATION: Signing this solicitation with a false statement is a material breach of contract and shall void
the submitted response or any resulting contracts, and the respondent shall be removed from all solicitation lists. By signature
hereon affixed, the respondent hereby certifies that:
11.1. The respondent has not given, offered to give, nor Intends to give at any time hereafter any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the
submitted response.
11.2. Under TGC, Title 10. Subtitle D, Section 2155.004. the respondent certifies that the individual or business entity named
In this response is eligible to receive the specified contract and acknowledges that this contract may be terminated
and/or payment withheld If this certification is Inaccurate.
4-10
Revised: August 2005•
11.3. Neither the respondent nor the firm, corporation, partnership, or institution represented by the respondent, or anyone
acting for such firm, corporation or Institution has violated the antitrust laws of this state, codified in Section 15.01, at.
seq., Texas Business and Commerce Code, or the Federal Antitrust Laws, nor communicated tiredly or Indirectly the
solicitation made to any competitor or any other person engaged in such tine of business.
11 A. The respondent has not received compensation for participation in the preparation of the specification for this
solicitation.
11.5. Under TGC, Title 5, Subtitle D, Section 231.006, Family Code (relating to child support), the Individual or business
entity named In this solicitation is eligible to receive the specified payment and acknowledges that this contract may be
terminated and payment may be withheld If this certification is inaccurate.
11.6. Under Section 669.003 of the Texas Government Code, TxDOT may not enter Into a contract with an Individual who
was the executive director of TxDOT during the four years before the date of the contract, or with anyone who employs
a current or former TxDOT executive director, unless the Transportation Commission approves the contract in an open
meeting.
if Section 669.003 applies, respondent must provide the following Information as an attachment to this solicitation
response: Name of former TxDOT executive director, date of separation from TxDOT, position with respondent, and
date of employment with respondent.
11.7. The response Includes the names and Social Security Numbers of each person with a minimum of 25°% ownership of
the business entity submitting the response. Respondents that have preregistered this information on the TBPC
Centralized Master Bidders List have satisfied this requirement. If not pre -registered, provide the names and Social
Security Numbers on the face of the solicitation response.
11.8. Respondent agrees that any payments due under this contract will be applied towards any debt, including but not
limited to delinquent taxes and child support that is owed to the State of Texas.
11.9. Respondent agrees to comply with TGC, Title 10, Subtitle D, Section 2155.4441, pertaining to service contract use of
products produced in the state of Texas.
11.10. Respondent certifies that the responding entity and its principals are eligible to parlidpate in this transaction and have
not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local
governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to
procurement and that Respondent is not listed on the federal govemmenfs terrorism watch list as described in
Executive Order 13224., Entities ineligible for federal procurement are listed at htto://www.eols.aov.
12. SUBCONTRACTING REQUIREMENTS: In accordance with Texas Government Code, Trtie 10, Subtitle D, Sections
2161,181-182 and Texas Administrative Code (TAC), Title 1, Section 111.11 and pursuant to the Texas Building and
Procurement Commission's (TBPC) HUB Rules, TAC, Title 1, Section 111.13 and 111.14, all state agencies entering into a
contract with an expected value'of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other
applicable expressions of Interest, determine if it is probable for subcontracting opportunities under the contract If
subcontracting opportunities are probable the slate agency will slate such probability in Its bids, proposals, offers, or other
applicable expression of interest and require the submission of a Historically Underutilized Business (HUB) Subcontracting
Plan (HSP). The HSP, If acceptable to the agency, will be a provision of the contract. The HSP, if required, may be found at:
hHD://www.dotztate.bc.uslasd/Durchasina/Durchosina,htm.
13. RESPONDENT EXCEPTiONS OR CONDITIONED RESPONSES: Respondent exceptions and/or terms conditions attached to
a response will not be considered unless specifically referred to and dearly identified as such within the response.
NOTE: Such exceptions and/or terms and cohditlons may result in disqualification of the response (e.g., response
with the laws of a state other than Texas, requirements for prepayment, limitations on remedies, etc.).
14. DISPUTE RESOLUTION: TxOOT has established a dispute resolution process -under 43 TAC § 9.1 to attempt to resolve ail
disputes that may arise between the department and the vendor under any purchase order resulting from this solicitation. The
dispute resolution process provided for in TGC, Title 10, Subtitle F, Chapter 2260 must be used by TxDOT and the vendor to
attempt to resolve all disputes arising under this contract.
15. VENUE AND JURISDICTION. Venue for any suit concerning this procurement and any resulting purchase order shall be in a
court of competent jurisdiction In Travis County, Texas,
16. VENDOR PERFORMANCE: Vendors are advised that performance will be reported to the TBPC. In accordance with TGC,
Title 10, Subtitle D, Chapters 2155.074 and 2155.075, vendor performance may be used as a factor in the award of a future
solicitation.
5-10
Revised: August 2005'
17. VENDOR RESPONSIBILITIES
17.1. The vendor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the
orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the
purchase order, including If applicable, workers' compensation laws, minimum and maximum salary and wage statutes
and regulations, and licensing laws and regulations. The vendor shall maintain all required licenses, certifications, etc.
throughout the term of the purchase order. When required, the vendor shall furnish TxDOT with satisfactory proof of its
compliance.
17.2. The vendor shall be responsible for damage to TxDOT's equipment, and/or the workplace and its contents, by its work,
Its negligence in work, its personnel, or its equipment. The vendor shall be responsible and liable for the safety, injury,
and health of Its working personnel while its employees are performing work for TxDOT.
17.3. The vendor shall provide all tabor and equipment necessary to furnish the goods or perform the service. All employees
of the vendor shall be a minimum of 17 years of age and experienced in the type of work to be performed. No visitors,
wives, husbands, children or other relatives of the vendor's employees will be allowed on state property during working
hours, unless they are bona fide employees of the vendor.
17.4. The vendor shall at all times have a minimum of one English-speaking employee on the job. AO employees shall be
well-groomed and appropriately dressed when on TxDOT property. .
18. DAMAGE CLAIMS: The vendor shall defend, indemnify, and hold harmless the state of Texas, all of Its officers, agents and
employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of,
connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of
contractor in the execution or performance of this contract.
19. ABANDONMENT OR DEFAULT: If the vendor defaults on the purchase order, TxDOT reserves the right to cancel the
purchase order without notice and either re -solicit or re -award the purchase order to the next lowest responsive and
responsible respondent. The defaulting vendor will not be considered in the re -solicitation and may not be considered in future
solicitations for the same type of work unless the specification or scope of work is significantly changed.
20. FORCE MAJEURE: TxDOT may grant relief from performance of the purchase order if the vendor is prevented from and/or
performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or
negligence of the vendor. The burden of proof for the need of such relief shall rest upon the vendor. To obtain release based
on force majeure, the vendor shall file a written request with TxDOT.
21. RIGHT TO AUDIT
21.1. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this
purchase order or Indirectly through a subcontract under this purchase order. Acceptance of funds directly under this
purchase order or indirectly through a subcontract under this purchase order acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection
with those funds. Any entity subject of an audit or Investigation by the state auditor agrees to provide the state auditor
with access to any Information the state auditor considers relevant to the investigation or audit.
21.2. TxDOT has the right to audit the vendor's books and records pertaining to the service during the hours of the normal
workday.
22. EXTENSION OF PURCHASE ORDER
22.1. A purchase order in its final renewal period may be further extended for a period up to 90 days at the option of TxDOT.
The renewed purchase order shall be for the original price, terms and conditions, and any approved changes.
22.2. TxDOT reserves the right to extend a purchase order for time only past the stated tern to allow the vendor to complete
the requirements.
23: SITE VISITS: Prior to and after award of the purchase order, designated TxDOT representatives may conduct unannounced
visits to Inspect the vendor's facility during normal business hours to visit and Inspect the vendor's facility, monitor compliance
in accordance with TxDOT specifications or carry out performance audits of the service at any time during normal business
hours.
24. CONFIDENTIALITY CLAUSE: TxDOT is governed by laws and regulations that make certain Information confidential as well
as specifying how public Information is released. The vendor and its employees shall not divulge any information relative to
TxDOT's business to a third party without the prior written approval of TxDOT.
6-10
Revised: August 20W
25. COPYRIGHT: When applicable, each vendor shall obtain necessary copyrights for TxDOT. No vendor shall assert rights at
common law or in equity or establish any claim to statutory copyright any material or Information developed in performance of
the services authorized. TxDOT has the right to use, reproduce, or distribute any or all of such information and other materials
without the necessity of obtaining any permission from the vendor and without expanse and charge.
PART II
PURCHASE OF SERVICES SPECIFIC TERMS AND CONDITIONS
1. GENERAL: The following applies to a solicitation for the purchase of services. These terms and conditions are in addition to
those in Part I.
1.1. if applicable to the service, TxDOT recommends that the respondent visit the site and examine the space and/or
equipment to be serviced.
12. The respondent shall carefully examine these specifications and, if necessary, secure additional information from the
TxDOT purchaser that may be requisite to a clear and full understanding of the work.
1.3. If products and/or materials are used in the performance of the service, the vendor shall buy Texas products and/or
materials when they are available at a comparable price and delivery schedule.
2. COMPETENCE OF VENDOR: To be entitled to consideration, the vendor shall have available, the necessary organization and
facilities to fulfill all the services required under the purchase order. Only personnel trained in services of this type shall be
employed under and for the purchase order. Vendor shall obtain any licenses/permits required for the performance of the
service.
3. INDEMNIFICATION: it is expressly understood and agreed to by both parties that TxDOT is contracting with the vendor as an
independent contractor, and the vendor, as such, agrees to hold TxDOT harmless and to indemnify TxDOT from and against
any and all claims, demands and causes of action of every kind and character which may be asserted by any employee or
subcontractor of the vendor out of or in connection with the activities to be performed by the vendor for TxDOT. Vendor
understands and agrees that individuals performing services are not state employees.
4. CHANGES IN WORK: If TxDOT determines it necessary to require corrections to completed work due to errors made by the
vendor, the vendor shall cored the work at no additional cost to TxDOT. if TxDOT requires changes in previously approved
and completed work, the vendor shall make such changes as directed by TxDOT and will be compensated for such at the
same rates established by each vendors hourly rates.
5. OWNERSHIP OF MATERIALS, PRODUCTIONS, AND DOCUMENTS
5.1. All property rights, including publication rights, to all products developed hereunder shall be retained by TXDOT.
5.2. Vendor shall ensure that duplication and distribution rights are secured for TxDOT from all contractors and
subcontractors.
5.3. The vendor shall warrant that individuals or characters appearing or depicted in print, videotapes, or audlotapes have
provided their written consent and have been compensated by each vendor for their appearance, if appropriate.
B. INTELLECTUAL PROPERTY: The vendor shall obtain all necessary permissions, copyrights and trademarks for TxDOT. The
vendor shall not assert rights at common law or in equity or establish any claim to intellectual property, including, but not limited
to, any copyrights or trademarks for any material or information developed In performance of the services authorized. TxDOT
will own all rights, including, but not limited to, the right to use, reproduce, or distribute any or all such information and other
materials without the necessity of obtaining permission from the vendor and without expense and charge.
7. RENEWAL OF SERVICES:
7.1. The purchase order may be renewed for up to two additional periods of time, or as otherwise stated in the solicitation,
provided both parties agree in writing to do so prior to the expiration of the purchase order.
7.2. TxDOT requires a vendor to provide written justification to request a.tlme only extension of a purchase order per
paragraph 22 above. TxDOT will approve or decline In writing.
8. CANCELLATION: The purchase order may be cancelled, without penalty, by either party by providing 3D days written notice to
the other party. TxDOT will pay the vendor the purchase order price prorated for acceptable service performed up to the date
specified In the notice of cancellation. Termination under this paragraph shall not relieve the vendor of any obligation or liability
that has occurred prior to cancellation. The vendor shall refund any balance of unused prepaid funds.
7-10
Revised: August 2005•
9. PAYMENT: Payment will be made in accordance with Part I, Para. 8 using one of the following methods as specified on the
solicitation.
9.1. The service was completed to the satisfaction of TxOOT, and within 30 days from receipt of a correct invoice or billing
statement
9.2. On a monthly basis and within 30 days from receipt of a coned invoice or billing statement
9.3. As otherwise stated in the specifications or on the solicitation document.
10. INSURANCE: Pdor to beginning work, the vendor shall provide TxDOT with a completed TxDOT Certificate of Insurance Form
20.102 or Form 1950 or Form 1560 (only TxDOT forms are acceptable) providing the below listed coverage. TxDOT shall be
Included as an Additional Insured by Endorsement to policies Issued for coverage listed in 10.3 and 10.4.
The vendor shall maintain all required insurance coverage throughout the term of the purchase order. The vendor
shall provide a correct TxDOT Insurance form each time Its insurance Is renewed or updated. Failure to provide this
form promptly may be cause for discontinuance of the work and cancellation of the purchase order.
Waiver of Subrogation Endorsement In favor of TxDOT shall be a part of each policy for coverage listed. TxDOT will allow
deductible policies. The vendor shall pay the deductible amount. Required Insurance coverage is specified on the solicitation
document
10.1. WORKERS' COMPENSATION INSURANCE: Amount— Statutory, Texas
10.1.1. The vendor is responsible for both Federal and State Unemployment Insurance coverage and Standard
Workers' Compensation Insurance coverage. Vendor shall comply with all federal and state tax laws and
withholding requirements.
10.2. ACCIDENT INSURANCE: This is acceptable, in lieu of Workers' Compensation Insurance, for services that are NOT
provided on the highway right of way, and are NOT building or construction services. The successful bidder shall notify
the purchaser responsible for the procurement to use this type of insurance and request the appropriate Form 1950.
Required coverage shall be Inclusive of the following:
• $300,000 for medical expenses and coverage for at least 104 weeks;
• $100,000 for accidental death and dismemberment, 70% of employee's pre -injury income for not less than 104
weeks when compensating for loss of income; and
$500 for maximum weekly benefit
10.3. COMMERCIAL GENERAL LIABILITY INSURANCE: Bodily Injury/Property Damage each occurrence and In the
aggregate:
10.3.1. $325,000 OR
10.3.2. $150,000
10.4. TEXAS BUSINESS AUTOMOBILE POLICY
10.4.1. Amounts — Bodily Injury
10.4.2. Property Damage
$100,000 each person
$300,000 each occurrence
$ 25,000 each occurrence
8-10
Revised: August 2005•
PART III
CATALOG PURCHASE SPECIFIC TERMS AND CONDITIONS
GENERAL: The following terms and conditions apply to solicitations advertised under the Catalog Information Systems
Vendor (CISV) Catalog Purchasing Program governed by TGC, Title 10, Subtitle D, Section 2157 and TBPC rule 1TAC 113.19.
These terms and conditions supersede those in the CISV Catalog and are in addition to those in Part I and Part II as
applicable.
2. DEFINITIONS
2.1. REQUEST FOR OFFER (RFO): This term is used to identify a solicitation issued to a CISV in order to obtain an offer
and facilitate negotiations for prices, terms and conditions through the Catalog purchasing program.
2.2. CATALOG INFORMATION SYSTEMS VENDOR (CISV): A vendor that is compliant with TBPC's URL requirements
listed at htto:/Avww.tbac.stat q�.lis/$4p Tjcisvh, Irea html and provide automated Information systems (AIS) type
products and/or services to e��g b e en es n the state of texas.
2.3. BEST VALUE: The lowest overall cost for Automated Information System (AIS) equipment or services will be based on
the following factors including, but not limited to:
• purchase price
• compatibility to facilitate exchange of existing data
• capacity for expansion and upgrading to more advanced levels of technology
• quantitative reliability factors
• level of training required to bring end -users to a stated level of proficiency
• technical support requirements for maintenance of data across a network platform and management of the networks
hardware and software
• compliance with applicable Department of Information Resources (DIR) statewide standards validated by criteria
adapted by the department by rule TAC (1 TAC 113.9).
3. VENDOR REQUIREMENTS: Vendors that are not approved CISV, may respond to the RFO. However, vendors must seek
CISV status and vendor shall be an approved CISV no later than the date TxDOT awards a purchase order. Vendors may
check their status with the TBPC by calling 512-463-3459 or at httD://www.tboc.state.tx.us/cmbl/cmbihub.himl
4. BEST VALUE CRITERIA: Best value criteria will be used on all Catalog purchases. For purposes of determining the best
value available, TxDOT will consider Items, features, etc., which are in addition to requirements listed, as well as factors which,
in TxDOTs opinion, add value to the product/service but are not specifically required within the specification.
5. NEGOTIATIONS
5.1. Negotiations for "best value" will occur with Catalog vendors, instead of making selections for goods and services based
solely on the published prices, terms and conditions in the Catalogs.
5.2. During the evaluation phase, TxDOT reserves the right to conduct formal negotiations with the responsive respondent(s)
Judged to be the best offer pertaining to price, products, services and terms.
5.3. TxDOT will be the sole Judge as to which offer is the most advantageous and in the best interest of TxDOT.
6. TECHNOLOGY ACCESS CLAUSE: 'The Vendor expressly acknowledges that state funds may not be expended In
connection with the purchase of an automated information system unless that system meets certain statutory requirements
relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to the Texas
Department of Transportation that the technology provided to the Texas Department of Transportation for purchase Is capable,
either by virtue of features Included within the technology or because it is readily adaptable by use with other technology, of.
6.1. providing equivalent access for effective use by both visual and non -visual means;
6.2. presenting Information, including prompts used for interactive communications, In formats Intended for non -visual use;
and
6.3. being Integrated into networks for obtaining, retrieving, and disseminating Information used by individuals who are not
blind or visually impaired.
9-10
Revised: August 2005'
6.4. For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with
or make use of the technology, either directly by features Incorporated within the technology or by other reasonable
means such as assistive devices or services which would constitute reasonable accommodations under the Americans
with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided
Include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical
displays, and customizable display appearance.'
5.5. Exemotion Declaration: Pursuant to the provisions of the Texas Government Code, Chapter 2157.t1D5(d) when the
requirement specified on the solicitation is for the purchase of a wireless communication device to be used by
emergency response personnel to respond to a public safety emergency, the provisions of the Technology Access
Clause do not apply.
1D—ID
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INVOICING INSTRUCTIONS
1. Submit two copies of invoice. One copy will be returned with payment If payment is by State Warrant.
2. Submit invoices) to the department address shown on front side of the purchase order under "AGENCY
TO INVOICE". (Do not ship goods to that address)
3. Invoice must show aU of the following:
• Vendor name as appears on the purchase order
• Remit to address
• Vendor Federal I.D. (Tax ID) or payee identification number (PIN)
• Purchase order number -MANDATORY
• Telephone number
• Item description as It appears on the purchase order In the same order as listed on purchase order.
Item numbers must correspond with the item numbers on the purchase order,
• Unit. unit price and extended price of each item
• Grand Total
• Shipment date of merchandise or date of service
Payment for merchandise or services purchased with State -appropriated funds Is made by
warrants or by Direct Deposit from the State Treasury. Direct Deposit Is the preferred method of
payment. Legislation eillecilve September 1, 1998 stated that state agencies are required to use
electronic funds transfer to pay vendors who conduct business with the State of Texas.
Direct deposit transactlons sent to banks include information in an 'addendum' (also called
remittance advice). Normally this addendum information will be your Invoice number to assist in
reconciliation of payments.
Revised 1111999
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/17/2006
DATE: Tuesday, October 17, 2006
LOG NAME: 30SWPDEMOREV REFERENCE NO.: **C-21776
SUBJECT:
Authorization to Rescind Participation in a Cooperative Purchasing Program with the Texas
Department of Transportation and Authorize Execution of Agreement with Intercon Environmental,
Inc., for Asbestos Abatement and Demolition of Structures Located within the Vickery Corridor for
Right -of -Way for the Southwest Parkway (SH 121) (DOE 3777)
RECOMMENDATION:
It is recommended that the City Council:
1. Rescind authorization to participate in a cooperative purchasing program with the Texas Department of
Transportation (TxDOT) as granted by MSC C-21649 on August 29, 2006; and
2. Authorize the City Manager to execute an agreement with Intercon Environmental, Inc., based upon
Intercon's Texas Building Procurement Commission (TBPC) contract for asbestos abatement and
demolition services of the identified structures located in the Vickery Corridor for right-of-way for the
Southwest Parkway (SH 121) project area in the amount of $1,577,117.25.
DISCUSSION:
On December 13, 2005, (M&C G-15035) the City Council declared the necessity of taking a partial or whole
interest in 53 parcels needed for the right-of-way of the Southwest Parkway. The City Council also
authorized the City Attorney to institute condemnation proceedings, if needed, to acquire fee simple interest
in those properties.
The Vickery Corridor for right-of-way for the Southwest Parkway (SH 121) project area consists of 20
structures presently identified with Asbestos Containing Materials (ACM) which require abatement prior to
demolition. Additionally, 47 identified structures with associated improved parking areas (asphalt/concrete),
miscellaneous fences, and shrubs/trees will be demolished and removed. The Department of Engineering is
contracting for removal of the ACM and subsequent demolition and removal of these structures.
City Council approved MSC C-21649 on August 29, 2006 which authorized a cooperative purchasing
agreement with TxDOT to secure the services of Intercon Environmental, Inc., for the asbestos abatement
and demolition services. Staff has determined that it would be more efficient to contract directly with
Intercon pursuant to its TBPC pricing. The Environmental Management Department has reviewed Intercon's
pricing and finds the cost to be competitive.
Under Section 271.102 of the Texas Local Government Code, a local government that purchases goods or
services under a cooperative purchasing program satisfies state competitive bid requirements.
Intercon Environmental, Inc., has committed to a 15 percent M/WBE participation on this project.
Work on the project is expected to begin in October 16, 2006. The Vickery Corridor is located in COUNCIL
DISTRICT 9.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/16/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current Capital budget, as appropriated, of the
(SH121) Southwest Parkway Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C221 541200 303210000574 $1,577,117.25
Submitted for Citv Manager's Office by:
Oriainatina Deoartment Head:
Additional Information Contact:
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
A. Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/16/2007