Loading...
HomeMy WebLinkAboutContract 46538CRY SECRETARY CONTRACT NO. - CON1'RAC'!' INN Between CITY OF FORT WORTH and ENVIRONMENTAL LOGISTICS COMPANY, LLC For UNDERGROUND STORAGE TANK REMOVAL 246 WEST 15TH STREET FORT WORTH, TEXAS PROJECT NO. ENV- 15 - 06: LMU-UST Transportation & Public Works Department Environmental Management Division FEBRUARY 2015 RIMED MAR 2 0 l OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS COUNTY OF TARRANT § § § KNOWN ALL BY THESE PRESENTS CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANK FROM 246 WEST 15TH STREET — LANCASTER MIXED USE PROJECT PROJECT NO. ENV- 15 - 06: LMU - UST 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 Fernando Costa, its duly authorized Assistant City Manager, and Environmental Logistics Company, LLC ("Contractor"), acting through Amy Gilbreath, its duly authorized President. 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: Citv's Representative means the Assistant Director of Transportation and Public Works, Environmental Management Division, or his designee. Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include, but are not limited to this contract all bid documents, the Request for Proposals, Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), change orders, any contract amendments and the payment, performance and maintenance bonds, or other such similar documents. The Contract Documents shall also include any and all supplemental agreements approved by the City which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. Notice to Proceed means the letter issued by the City that authorizes Contractor to '" begin work. It also authorizes future invoices to be paid. MIT Contract for Removal of Underground Storage Tanks- Page 1 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas Subcontract means a contract between the Contractor for this project and another person or company for any task reasonably related to the scope of work. A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES A. The scope of work shall include the furnishing of all labor, materials and equipment necessary to complete the work specified in Attachment A. B. Contractor shall perform, in a good and professional manner, the services contained in this Contract and in accordance with all applicable federal, state, and local laws, directives, and guidelines. C. Contractor will provide City copies of all waste related documents, laboratory results on backfill soils and compaction testing results for inclusion in regulatory closeout documentation. D. Contractor will provide and coordinate utility -locate services. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. City shall coordinate with facilities, City departments, and any tenants for access to the site. B. City shall give timely direction to the Contractor. C. City shall render decisions regarding modifications to the Contract and any other issue. D. City will provide laboratory services on a 2-day turn —around -time (TAT) for post - excavation confirmation soil sampling and waste profile purposes. E. City will provide post -removal regulatory documentation. 4. TIME TO COMPLETE THE PROJECT Contractor will be responsible for coordinating with the Department of Transportation and Public Works - Environmental Management Division, immediately after receipt of notice to proceed, the start date of soil excavation and underground storage tank (UST) remediation activities. Contractor shall begin work when and as specified in the Notice to Proceed. Contractor shall complete work specified under this contract within ten (10) days from the beginning date as specified in the Notice to Proceed unless an extension of time is Contract for Removal of Underground Storage Tanks- Page 2 of 23 Environmental Logistics Company, LLC — LMU - 246 West 1e Street, Fort Worth, Texas granted (in writing), any such determination being made in the sole judgment and discretion of the City of Fort Worth. If a stop work order is issued by the City, the number of working days shall be tolled until the day a new Notice to Proceed is issued. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of the plans, specifications and other Contract Documents, then the City shall have the right to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to City shall exceed the contract price or prices set forth in the Contract Documents, the Contractor and/or its surety shall pay City upon its demand in a writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. In addition, Contractor shall pay liquidated damages to the City in accordance with Section 7 for failure to start and complete the work as provided herein and in the Notice to Proceed. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor.6. COMPENSATION Section 1. Fee Schedule. City agrees to pay Contractor for its services an amount not to exceed eleven thousand, eight hundred sixty-five dollars ($11,865.00) in accordance with the prices detailed in Attachment B. The City will not be liable for any Contractor costs in excess of the not -to -exceed amount unless City has signed and issued a written, duly authorized amendment or modification to the Agreement. City shall not pay for any work performed by Contractor or its subcontractors, and/or suppliers that has not been specifically ordered by the City in writing pursuant to the terms of this contract or a duly authorized modification. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. Contract for Removal of Underground Storage Tanks- Page 3 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15`" Street, Fort Worth, Texas Section 2. Release Upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Section 3. Invoice and Payment. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 7. 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 (one thousand dollars) per day for each day after the date the project was to be completed, until the project is 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. 8. INDEMNIFICATION A. Definitions. The following words and phrases shall be defined as follows: 1. "Environmental Damages" shall mean all damages, losses, diminished values, claims, judgments, penalties, fines, liabilities, encumbrances, liens, costs, expenses of investigation, and the defense of any claim, whether or not such claim is ultimately defeated, results in a judgment or order of any kind, or is resolved by any good faith settlement, and of whatever kind or nature, direct or indirect, tangible or intangible, compensatory, exemplary, or punitive, economic or non -economic, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, to the City and any third parties, including without limitation reasonable attorney's and consultant's fees, any of the foregoing which are incurred as a result the Contractor's work, or due to negligence, or Contract for Removal of Underground Storage Tanks- Page 4 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15'" Street, Fort Worth, Texas arising from a violation of any Environmental Requirements, or arising from strict liability, or an intentional tort, and whether any of the foregoing are attributable to the Contractor, a Subcontractor, a vendor, employee, agent, successor, or assignee and including by way of example but not limited to: a. Damages for personal injury or death, pain and suffering, mental or emotional distress, injury to property of any kind or to natural resources, environmental contamination, or the loss of use or value of property; b. Fees incurred for the services of attorneys, consultants, engineers, contractors, experts, laboratories, and investigators related to any studies, cleanup, remediation, removal, response, abatement, containment, closure, restoration, monitoring work, civil or criminal defense, or the recovery of any other costs; and c. Liability, claims, or judgments to any third persons or governmental agencies in connection with the items referenced herein. d. Fines, penalties, costs, agreed orders, or settlements to any federal, state, or local government for violations of environmental laws, permits, standards, or regulations. 2. "Environmental Requirements" shall mean the allowable or permissible levels, concentrations, or amounts of materials; all applicable present and future statutes, regulations, rules, permits, plans, or authorizations 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; and all common law causes of action; all of the above relating to the protection of human health or the environment and being inclusive of, but not limited to: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of wastes, substances, materials, pollutants, contaminants, hazardous wastes, petroleum products, toxic substances, materials, or other any other regulated or harmful substances whether solid, liquid, or gaseous into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of elements, compounds, materials, substances, pollutants, contaminants, or hazardous or toxic Contract for Removal of Underground Storage Tanks- Page 5 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15t" Street, Fort Worth, Texas materials, substances, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of radioactive materials or radiation or electromagnetic fields. c. All requirements pertaining to the protection of the environment, natural resources, the health and safety of employees or the public; and d. Citizen suits authorized by any federal or state law; and e. All common law causes of action related to health, safety, natural resources, and the environment. B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL: 1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY) AND 2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY). C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY, RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION THAT ARISE FROM THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ARE CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, SUCCESSORS, OR ASSIGNS AND WHETHER ARISING FROM NEGLIGENCE, INTENTIONAL TORT, VIOLATION OF A LAW OR DUTY TRIGGERING STRICT LIABILITY, OR BY THE INFRINGEMENT OF ANY PERSON'S PROPERTY, LEGAL, OR CONSTITUTIONAL RIGHT. D. Express Negligence: SUBJECT ONLY TO THE LIMITATIONS PROVIDED BY SECTION 2254.0031 OF THE TEXAS GOVERNMENT CODE, IT IS THE INTENTION OF THE PARTIES THAT THE TERMS OF THIS INDEMNITY AGREEMENT, INCLUDING THE GENERAL AND ENVIRONMENTAL Contract for Removal of Underground Storage Tanks- Page 6 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15{h Street, Fort Worth, Texas INDEMNITY PROVISIONS, SHALL APPLY EVEN IF SUCH INJURY, DEATH OR PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT OR OTHER FAULT OF THE CITY OF FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT WORTH. E. The obligations of the Contractor related to this general and environmental indemnification shall include, but not be limited to, the burden and expense of reimbursing the City for all fees and costs for defending all claims, suits, and administrative proceedings, even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, settlements, penalties or other sums due against such indemnified persons. F. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, contractor shall provide City with timely notice of same. G. The obligations of the Contractor related to this indemnification shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. 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. Insurance coverage and limits: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Professional Liability Insurance Not applicable. 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. Contract for Removal of Underground Storage Tanks- Page 7 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15+" Street, Fort Worth, Texas The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, 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. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 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). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The -term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional Contract for Removal of Underground Storage Tanks- Page 8 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas MI insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7 Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. 10. BONDING A. Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth a payment bond if the contract is in excess of $25,000 and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Contract, and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. Contract for Removal of Underground Storage Tanks- Page 9 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 11 WARRANTY Contractor warrants that it understands the currently known hazards and the suspected hazards which are presented to persons, property and the environment by the work specified in this contract and will take all reasonable measures to mitigate and minimize the risks of such hazards. 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 and federal laws governing its activities and is under no restraint or order, including suspension or debarment by any government entity which would prohibit or preclude performance of services under this Contract. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from: acts of God, acts of the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and extreme meteorological events. Contractor affirms a duty to mitigate any delays or damages arising from such causes. Contract for Removal of Underground Storage Tanks- Page 10 of 23 Environmental Logistics Company, LLC — LMU - 246 West I d" Street, Fort Worth, Texas a b./ B. If Contractor fails to begin work herein provided for within the time specified herein, or to complete such work within the time specified herein, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. Contractor shall be liable for liquidated damages as specified herein. C. 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 days after written notification shall result in termination of this contract at the discretion of the City. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. D. City may terminate this Contract at its sole discretion and without cause upon thirty (30) days prior written notice to Contractor, and 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. The City shall pay for any such work that is completed by Contractor and accepted by the City. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 13. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. 14. MODIFICATION No modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be ^ in the form of a written, formal, authorized modification of this contract that is in accordance with all applicable state and city laws, regulations, and ordinances. In no Contract for Removal of Underground Storage Tanks- Page 11 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a material term of this contract from the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract from the City, its employees, or agents. 15. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 16. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 20020, there is no pre -established M/WBE goal for this contract due to the contract dollar amount. 17. PREVAILING WAGE RATES AND DAVIS-BACON Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not Tess than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this Contract for Removal of Underground Storage Tanks- Page 12 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas re EL - NMI requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. 18. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth, nor in any manner contrary to federal, state, or local law. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. 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. 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. 19. 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. 20. 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 Contract for Removal of Underground Storage Tanks- Page 13 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas 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. 21. 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. 22. JURISDICTION AND VENUE Jurisdiction and venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas or the federal courts therein. 23. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: If to the Contractor: Michael Gange, Assistant Director Department of Transportation and Public Works 1000 Throckmorton St. Fort Worth, TX 76102 Amy Gilbreath, President Environmental Logistics Company, LLC P.O. Box 3238 McKinney, TX 75070 24. 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 Contract for Removal of Underground Storage Tanks- Page 14 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas 4 • 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. 25. NO THIRD -PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel has reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 27. ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and 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. In the event of anv conflict between the specific terms of this contract and anv other contract documents, then the terms of this contract shall aovern. 28. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. Contract for Removal of Underground Storage Tanks- Page 15 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. 29. ADDITIONAL CONTRACT PROVISIONS FOR PROJECTS USING HUD FEDERAL FUNDS Contractor shall have the obligation to verify in writing with the City whether HUD federal funds are used for this project. Under the provisions of 24 CFR 85, certain provisions are required for all contracts using grant funds provided by the U.S. Department of Housing and Urban Development. In addition, these provisions are incorporated into this contract to address certain contingencies which may arise under the course of work for this contract. Contractor understands and agrees that federal agencies funding the work under this contract, in whole or in part, as well as federal regulatory agencies and the congress are permitted to require changes, remedies, changes conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. 1. Upon identification of possible breaches of contract, and prior to exercising its termination rights under this Contract, City may elect to exercise any of the following administrative remedies: a. issuance of warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving Contractor a limited time to correct the deficiency; b. placing conditions upon award of future grants; c. directing Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; d. requiring repayment of previously reimbursed grant funds; or e. reducing the amount of pending grant awards or disallowing future awards to Contractor. The City's election to exercise any, all, or none of the aforementioned administrative remedies does not act as a waiver of any of City's other rights or remedies under the law or this Contract for the enforcement of this Contract or the recovery of any damages relating to Contractor's actions or inactions relating to the Program, CDBG funds, and/or this Contract. 2. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) Contract for Removal of Underground Storage Tanks- Page 16 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15"' Street, Fort Worth, Texas 3. For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 3 4. For construction contracts in excess of $2,000 awarded by Contractor when required by Federal grant program legislation, Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in 29 CFR Part 5 5. For construction contracts awarded by Contractor in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by 29 CFR Part 5. 6. Notice to awarding Contractor requirements and regulations pertaining to reporting. Contractor will submit to City on a weekly basis: (1) Payroll, (2) Statement of Compliance -for each payroll, as applicable, for services and activities accomplished by Contractor in performance of this Contract. Payroll and the Statement of Compliance must be signed by a duly authorized agent of the Contractor and submitted each Friday of the week following the week being reported. 7. All information and data arising from the work performed under this contract shall be the property of the City of Fort Worth and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to the city or its authorized designee all information and data related to performance of work under this contract. Contractor shall not limit or attempt to limit access to information or data by the city nor shall contractor obtain or WO attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties, including but not limited to the federal Department of Housing and Urban Development at the sole discretion of the city. .s r 8. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall, at the sole discretion of the city, be assigned to city upon demand. The city retains all rights to intellectual property developed in the course of work of this contract. 9. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall, at the sole discretion of the city, be assigned to city upon demand. 10. City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for four (4) years following the termination of .' this Contract to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, Contract for Removal of Underground Storage Tanks- Page 17 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. 11.AlI records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for four (4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. 12.The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 US 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 13. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995). Remainder of Page Intentionally Blank Contract for Removal of Underground Storage Tanks- Page 18 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15'h Street, Fort Worth, Texas ILO ATTACHMENT A. SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary to perform the removal, transportation, and disposal of one underground storage tank, approximately 500 — 1000 gallon capacity, located beneath the street at: 246 WEST 15TH STREET, FORT WORTH, TEXAS PROJECT SPECIFICATIONS Contractor is responsible for notification of an underground utility locate service provider to identify underground utilities in the project area at least 48 hours prior to excavation. The best method to address any utility concerns involving the aforementioned utility service issues will be determined with the consultation of City staff. The scope of work for this project includes the following: • Identify and mark existing underground utilities; • Submit the TCEQ 30-day construction notification (waiver requested) and obtain applicable City of Fort Worth permits; • Mobilize equipment and personnel to the Site; • Saw cut the UST perimeter and pipe -chase; • Remove and dispose of up to 100 gallons of liquid contents (assuming class II nonhazardous and no sample collection or analysis) and inert combustible vapors in the tank; • With the City of Fort Worth Fire Inspector present, excavate and remove the UST from the ground; • Transport and properly dispose of the UST and any associated piping; • Excavate tank hold for collection of confirmation soil samples by the City or its contractor; • Stockpile all excavated soils on 6-mil polyethylene sheeting to allow the City to perform soil sampling for waste profiling; • Backfill the excavation with up to 10 yards of imported select fill and compact with construction equipment in approximately one foot lifts (street resurfacing is not included in this Scope of Work); and, • Demobilize equipment and personnel. Transportation and disposal of soils: The Contractor will provide waste profiling and manifests naming the City of Fort Worth as the Generator of the excavated soils and provide the City with copies of the weight tickets and transportation Togs for both the waste disposal and the verified clean fill materials. Soils shall be disposed of at approved and properly licensed TCEQ landfill facilities which are fully licensed, permitted, and authorized by all applicable regulatory agencies for the disposal of the hazardous and other regulated materials. Contract for Removal of Underground Storage Tanks- Page 19 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas Transportation, handling, and disposal of the contaminated soils shall be in accordance with all applicable federal, state, and local statutes, regulations, standards, and requirements as related to the transport, handling, and disposal of hazardous and other regulated materials. This includes but is not limited to the lawful and proper use of appropriate manifests, labeling, placarding of vehicles, and tarping of loads. All applicable endorsements are required for hazardous waste transporters. Additional Reauirements: HAZWOPER (29 CFR 1910.120) training shall be required of workers who will be involved in operations at the project site in accordance with federal and state requirements. Contractor must maintain proper safety fencing, as needed, and also provide adequate signage, barricades, traffic cones, and "flagmen" during the course of the project when heavy traffic will be leaving or entering the site. Contractor agrees to provide temporary safety fencing to be used and the fencing shall be a heavy-duty, diamond -link mesh, orange, high density polyethylene safety or security fencing that will withstand substantial weather -related stresses. The site also must be maintained by the Contractor in a manner that will control all generated debris from becoming windblown and/or migrating from the work area during and after working hours. Contractor must maintain current and appropriate federal, state, and local licenses and permits to allow for the associated work during the term of this Contract,. All work must be completed in accordance with the most recent revisions of applicable laws and regulations promulgated by the U.S. Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ); Texas Department of State Health Service (TDSHS), Occupational Health and Safety Administration (OSHA), Department of Transportation (DOT), City of Fort Worth Fire Department, City of Fort Worth Planning and Development Department or any other entity that may have jurisdiction on work being performed. Contractor is solely responsible for verifying the location of work to be performed. Contract for Removal of Underground Storage Tanks- Page 20 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas IOW ATTACHMENT B FEE SCHEDULE Compensation shall be in accordance with the compensation schedule below with total Not -to -Exceed amount of eleven thousand, eight hundred sixty-five dollars ($11,865.00). UST Excavation and Removal — Fixed Cost The City will pay a fixed cost amount of six thousand, five hundred dollars ($6,500.00) for all activities described in the Scope of Work (Attachment A), including disposal of up to 100 gallons of liquid contents, and over -excavation of approximately 2 linear feet in applicable directions (if needed) of tankhold for sample confirmation purposes. Impacted Soil Management — Variable Cost If petroleum hydrocarbon impact to the surrounding soils is observed and/or additional liquids are encountered, additional over -excavation of the tankhold and/or liquid disposal will be required in order to achieve regulatory closure. The additional costs for excavation, profiling, transportation, and disposal of these impacted soils and disposal of excess liquid shall not exceed a total of five thousand, three hundred sixty-five dollars ($5,365.00). The additional variable costs shall be based on a unit price basis as outlined below: ACTIVITY DESCRIPTION 1.Mobilize equipment and personnel to the site (per event) 2.Excavate and stockpile hydro -carbon impacted soils (per day) 3.Profiling waste to appropriate waste disposal facility 4. Load, transport and dispose of Class II non- hazardous petroleum hydro -carbon impacted soils 5. Vacuum truck rental for excess liquid removal 6. Excess liquid disposal as Class I non -hazardous waste UNITS 1 Event 1 Day 1 Profile 20 Cubic Yards Four Hours 500 Gallons PRICE $ 1,500.00 $ 1,450.00 $ 75.00 $ 1,560.00 $ 480.00 $ 300.00 Contract for Removal of Underground Storage Tanks- Page 21 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15{h Street, Fort Worth, Texas This page left blank intentionally. Contract for Removal of Underground Storage Tanks- Page 22 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15th Street, Fort Worth, Texas min wok CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANKS FROM 246 WEST 15TH STREET, FORT WORTH, TEXAS PROJECT NO. ENV- 15 - 06: LMU - UST IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR Environmental Lo%i.tic Company, LLC BY: 'Lytt 44 Fernando Costa Assistant City Manager/ Date Signed: 3//9//S' RE tEry Michael Ga ge Assistant Director Transportation and Public Works APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney ATT ST: J. K City Secr ry���� Date Signed: INO M&C REQUIRED I BY: Amy Gilbreath President CORPORATE SEAL: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract for Removal of Underground Storage Tanks- Page 23 of 23 Environmental Logistics Company, LLC — LMU - 246 West 15Th Street, Fort Worth, Texas Nil CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No. DEM15- 02:MIA. CONTRACTOR Environmental . • istics Company. By: L I Title V9(LI Date STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared 4 y Si:lbreos , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of E•viionssaal Zgoire. 5 for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of /04ed% , 20 /3 . FABIAN KEITH JACKO JR # l NOTARY PUBUC STATE OF TEXAS MY COMM. EXP. 2/6/16 Notary uin and for the State of Texas INN imE VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non -Resident vendors in required to be the Statute is attached. (give State), our principal place of business, are percent lower than resident bidders by State law. A copy of Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. Bidder: Amy Gilbreath, President Environmental Logistics Company, LLC P.O. Box 3238 McKinney, Texas 75070 7-1 By: (Please Print') / C/1 Signature) 6P5( n Title (Please Print) CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: February 9. 2015 NAME OF PROJECT: Underground Storage Tank Removal from 246 West 15th Street, Fort Worth, Texas 76102 PROJECT NUMBER: ENV 15 : 06— LMU-UST i CONTRACTOR: Environmental Logistics Company. LLC e Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. MI 011 MI Underground Storage Tank Removal 246 West 15th Street Fort Worth, Texas 76102 Jennings Avenue 1 Church -Association Buildings Alley Parking Lot Parking Lot 246 UST to be Removed n North 4 First UST / piping(removed) West 15th Street Tarrant County College Parking Green Space L ftl Lancaster Avenue WO Idi F4: Above is a site photograph showing the direction of the scan (N-S) as well as the location of the potential UST.