HomeMy WebLinkAboutContract 43299cnr SECRETARY
CONTRACT N0. .�
CO-N...-TRACT
Between
CITY OF FORT WORTH
and
EFFECTIVE ENVIRONMENTAL,
INC.
For
INSTALLATION OF DRAINAGE PIPING
AND
COLLECTION SUMP
Project #:
ENV 12-09: BSC
Transportation & Public Works Department
Environmental Management Division
MAY 2012
06-12-12 P12:35 IN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOWN ALL BY THESE PRESENTS
CONTRACT FOR INSTALLATION OF DRAINAGE PIPING AND COLLECTION SUMP
2500 BRENNAN AVENUE
FORT WORTH, TEXAS
Project No. ENV- 12 - 09: BSC
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 Effective Environmental, Inc.
("Contractor"), acting through Chris Ewing, its duly authorized President and CEO.
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 Owner 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.
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EFFECTIVE ENVIRONMENTAL, INC. —
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Notice to Proceed means the letter issued by the City that authorizes Contractor to
begin work. It also authorizes future invoices to be paid.
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.
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.
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.
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 drainage installation activities.
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EFFECTIVE ENVIRONMENTAL, INC. —
2500 BRENNAN AVENUE
Contractor shall begin substantial drainage installation activities on a specific date as
specified in the notice to proceed.
Contractor shall complete work specified under this contract within ten (10) working
days from the beginning of substantial drainage installation activities or the beginning
date as shall be otherwise specified in the Notice to Proceed unless an extension of
time is granted (in writing) due to inclement weather, any such determination being
made in the sole judgment and discretion of the City of Fort Worth. A working day shall
be defined as each and every day beginning on the start date for drainage installation
activities until the work is completed and accepted by the City. 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 Owner
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 Owner shall exceed the
contract price or prices set forth in the Contract Documents, the Contractor and/or its
surety shall pay Owner upon its demand in a writing, setting forth and specifying an
itemized statement of the total cost thereof, said excess cost.
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 according to the schedule in Attachment B.
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EFFECTIVE ENVIRONMENTAL, INC. —
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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 by Task Order or
Work Assignment pursuant to the terms of this contract or 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.
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.
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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. In this paragraph, the following words and phrases shall be defined
as follows:
1. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens costs, and expenses of investigation and defense of any claim,
whether or not such claim is ultimately defeated, and of any good faith
settlement of 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 the existence of
a violation of environmental requirements pertaining to the work, or due to
negligence or an intentional tort by the Contractor, a Subcontractor, or a
vendor 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 investigation or remediation
of the monitoring wells or any 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
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otherwise expended in connection with the existence of such
monitoring wells or violations or 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 the
items referenced in subparagraph (b) herein.
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, 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, emissions, discharges, releases, or
threatened releases of hazardous materials, pollutants,
contaminants or hazardous or toxic substances, materials, or
wastes whether solid, liquid, or gaseous in nature, into the air,
surfacewater, 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, AND EMPLOYEES, 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 CONTRACTOR'S OPERATIONS UNDER THIS
AGREEMENT, WHETHER SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE INTENTIONAL TORT OR THE SOLE NEGLIGENCE OF
THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
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CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER
PERSON OR ENTITY.
C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S
OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL
DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE
CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY.
D. The obligations of the Contractor under this paragraph shall include, but not be
limited to, the burden and expense of defending all claims, suits and
administrative proceedings (with counsel reasonably approved by the City), even
if such claims, suits or proceedings are groundless, false, or fraudulent, and
conducting all negotiations of any description, and paying and discharging, when
and as the same become due, any and all judgments, penalties or other sums
due against such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability which Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonable timely
notice of same.
F. All Contractors under this contract agree that they assume joint and several
liability for any claim by the City or for a third party claim against the City for
general or environmental damages caused by any of the Contractors herein.
G. The obligations of the Contractor under this paragraph shall survive the
expiration or termination of this Agreement and the discharge of all other
obligations owed by the parties to each other hereunder.
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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.
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). .v
B. Certificates of Insurance evidencing that the Contractor has obtained all required
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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
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.
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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.
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
Govemment 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
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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.
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 which would prohibit 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.
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. If City's total costs exceeds the costs as agreed in the
contract documents, the City may deliver to Contractor a written itemized
statement of the total excess costs, and Contractor shall reimburse City for such
excess costs without delay.
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
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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
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
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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. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor acknowledges that no M/WBE goal has been established for this
Agreement. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Contractor may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not
less than three (3) years.
17.
PREVIALING WAGE RATES
Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with
respect to payment of Prevailing Wage Rates for public works contracts and Contractor
shall comply with the Davis — Bacon Act for building and construction trades, and shall
comply with the prevailing wage requirements as specified in the RFP for the project.
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 less than the general
prevailing rate of per diem wages for legal holiday and overtime work. A worker is
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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
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.
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national T
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.
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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
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.
The remainder of this page is left blank intentionally.
CONTRACT FOR DRAINAGE INSTALLATION - Page 15 of 22
EFFECTIVE ENVIRONMENTAL, INC. —
2500 BRENNAN AVENUE
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: Michael Gange, Assistant Director
Department of Transportation and Public Works
1000 Throckmorton St.
Fort Worth, TX 76102
If to the Contractor: Chris Ewing, President and CEO
Effective Environmental, Inc.
2515 South Beltline Road
Mesquite, TX 75181
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
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 T
The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
CONTRACT FOR DRAINAGE INSTALLATION - Page 16 of 22
EFFECTIVE ENVIRONMENTAL, INC. — _
2500 BRENNAN AVENUE
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 any conflict between the specific terms of
this contract and any other contract documents, then the terms of this contract shall
govern.
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.
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.
The remainder of this page is left blank intentionally.
CONTRACT FOR DRAINAGE INSTALLATION - Page 17 of 22
EFFECTIVE ENVIRONMENTAL, INC. —
2500 BRENNAN AVENUE
ATTTACHMENT A.
SCOPE OF WORK
Contractor will furnish all labor, materials and equipment necessary to perform the
installation of approximately 250-300 linear feet of 6" diameter perforated drainage
piping to a depth of 18" — 24" surrounded by approximately 3" of pea gravel, in -
accordance with the specifications in the contract documents, located on the parcels
located at the following address in or near Fort Worth, Texas:
• 2500 Brennan Avenue
PROJECT SPECIFICATIONS
Contractor will be responsible for contacting applicable utility services in order to decide
whether or not main lines or routes effectively traverse the project site. It will be -
determined with the consultation of City staff the best method to address any utility
concerns involving the aforementioned utility service issues.
Contractor agrees to install 250-300 linear feet of 6" diameter perforated drainage piping
within an 18% 24" deep by a 10% 12" wide excavated trench. Trench will be lined with
approximately 3" of pea -gravel on all sides, including the top, of the installed 6" diameter -
perforated drainage piping. Excavated soil will be placed atop the void to establish a
soil cap to support vegetative growth.
-An approximate 4' x 4' concrete vault, supplied by the City, will be installed at
the terminus of the drainage pipe to act as a collection sump for accumulated
groundwater.
-A 6" diameter entry port, into the concrete vault, will accommodate the discharge
section of the installed 6" diameter perforated drainage piping.
-A 3" diameter discharge port with a 3" manually -controlled valve, will allow
discharge of accumulated groundwater.
-Approximately 2%3" "Rip -Rap" will be installed down the south face of the
collection sump discharge.
CONTRACT FOR DRAINAGE INSTALLATION Page 18 of 22
EFFECTIVE ENVIRONMENTAL, INC. —
2500 BRENNAN AVENUE
Project Coordination
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 drainage installation activities.
The remainder of this page is left blank intentionally.
CONTRACT FOR DRAINAGE INSTALLATION - Page 19 of 22
EFFECTIVE ENVIRONMENTAL, INC. —
2500 BRENNAN AVENUE
ATTACHMENT B.
COMPENSATION SCHEDULE
THIS IS A FIXED -PRICE CONTRACT.
THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL QUANTITIES. CLAIMS FOR
ADDITIONAL COMPENSATION DUE TO VARIATIONS BETWEEN CONDITIONS ACTUALLY
ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT DOCUMENTS
WILL NOT BE ALLOWED.
A. In consideration for the work performed by Contractor under this Contract,
City shall pay Contractor a total price not to exceed four -thousand, eight -
hundred and fifty dollars ($4,850.00) for the completion of all work specified
in this contract.
B. The City shall not compensate Contractor in excess of the Not -to -Exceed
Amount unless the City has executed a written, authorized, and formal
Modification to the Contract signed by the City Manager or an Assistant City
Manager of the City of Fort Worth. It is expressly agreed between the parties
that there shall be no oral modifications to this contract.
C. The parties agree that the drainage installation grand total as specified in the
Contractor's bid (and the Not -to -Exceed amount in this contract) of four -
thousand, eight -hundred and fifty dollars ($4,850.00) shall be the whole of
compensation for all of the services specified in this contract. In the event of
a discrepancy between any unit price and the contract grand total or not -to -
exceed price, the grand total or not -to -exceed price shall prevail. In no event
will compensation be greater than the not -to -exceed amount described
herein.
D. Prior to submitting a bid, as noted in the Invitation to Bid, the Contractor was
responsible for verifying all information upon which the Contractor's bid was
based. The Contractor was to rely exclusively upon its own estimates,
investigation, research, tests, and other data necessary to supply the full and
complete information upon which the Contractor's bid was based. It is
mutually agreed that submission of a bid is prima -facie evidence that the
Contractor has made all of the investigations, examinations, and tests
required to make a fully informed offer.
CONTRACT FOR DRAINAGE INSTALLATION - Page 20 of 22
EFFECTIVE ENVIRONMENTAL, INC. —
2500 BRENNAN AVENUE
E. By executing this contract, the Contractor affinrs and agrees that the
Contractor has had the opportunity and duty to confirm all information prior to
submitting a bid, and Contractor expressly waives any and all right to
additional compensation other than the contract grand total as a result of any
discrepancy between the conditions encountered and the general information
in the Invitation to Bid and bid documents.
F. The parties intend and agree that any change order or modification to this
contract will be in the case of only the most extraordinary of circumstances.
Any claims for additional compensation based upon variations between
conditions actually encountered in this project and conditions as indicated in
the Contract Documents will not be allowed. Any claims for additional
compensation proposed by Contractor will be examined by the City in
consideration of the terms described herein and the Contractors request for
additional compensation must dearly show- why: the variation was not
identifiable prior to the Contractor submitting its bid. As used in this contract,
.not identifiable" means that the Contractor a) performed all investigation,
research, tests, and other data collection necessary, to, sig-,qutately determine
quantities, and b) no reasonably possible investigation, -research, tests, or
other data collection could have identified the variation. The final
determination as to additional compensation will be made at the sole
judgment and discretion of the City.
The remainder of this page is left blank intentionally.
CONTRACT FOR DRAINAGE INSTAi ATKW - - Page 21 of 22
EFFECTIVE ENVIRONMENTAL, INC. -
2500 BRENNAN AVENUE _
SIGNATURE PAGE FOR
CONTRACT FOR INSTALLATION OF DRAINAGE PIPING AND COLLECTION SUMP
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH
BY: (,;ilL�
Fernando Costa
Assistant City Mana er
Date Signed:
RE
chael Gange
Assistant Di
Transportation P iic Works
APPROVED AS TO FORM
AND LEGALITY:
Arthur N r
cot
Effe,
BY:
Chri
President and CEO
W ITN
CORPORATE SEAL:
Assistant City Attorney Qa nfiT lkV �4
a� �000000,
JJ o°
ATT ST:
Aa .Ka r
City Se r ry
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CONTRACT FOR DRAINAGE INSTALLATION - - �' Pap 22 of22
EFFECTIVE ENVIRONMENTAL, INC. -
25W BRENNAN AVENUE
INO M&C REQUIRED I
CERTIFICATE OF INSURANCE
.,
TO: CITY OF FORT WORTH Date: Mav 22, 2012
NAME OF PROJECT: Installation of Drainage Piping and Collection Sump
PROJECT NUMBER: ENV 12-09: BSC
CONTRACTOR: Effective Environmental. Inc.
Please staple your Accord insurance form to this page.
Your insurance form should list the City of Fort Worth as the additionally insured.
LJ
LJ
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 Transportation and City of Fort Worth Project No.
ENV 12-09: BSC.
CONTRACTOR
Effective Environmental. Inc.
By: (�
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Name: �� Ae 49�
Title:
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
B� T
me, the undersigned authority, on this day personally appeared
h , known to me to be the person whose name is subscribed to the
fore oing instrumen ,) and acknowledged to me that he executed the same as the act
and deed of Effective Environmental, Inc. for the purposes and consideration therein
expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this30*day of , 201�.
W
N ary Public in and for t Stat"of
Texas
`'yR1
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3t. �fra JpYCQUEIJi� MONIQIE MOQUE�N MY COMMISSION EXPIRES
March 9, 2014
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 (give State), our principal place of business, are
required to be percent lower than resident bidders by State law. A copy of
the Statute is attached.
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. 12
Bidder:
Effective Environmental. Inc.
2515 South Beltline Road
Mesquite. Texas 75181
By: (Please Print) 6
ignature
Title (Please Print)
W
2�
FFECTIVE
-- NVIRONMENTAL
Inc.
MR
- May 8, 2012
To:
City of Ft. Worth
TPW/Environmental
Roger Grantham
Subject:
Install of 6" Drainage Pipe and Water Interceptor Sump
2515 S. Beltline Rd
Mesquite, TX 75181
(972) 329-1200 Office
(972) 329-1206 Fax
Dear Mr. Grantham,
Effective Environmental, Inc. (E2) is pleased to submit the following proposal for the above referenced
project. E2's proposal is based upon information provided by City of Ft. Worth(Client). The following
proposal contains a Scope of Work, Cost Schedule, and Assumptions.
E2 has included a detailed scope of work and has set forth our assumptions as well as conditions of
pricing below. These have been communicated to ensure that our proposal is based on the correct
information and may be appropriately evaluated.
E2 will begin project transition when the Notice to Award has been issued by Client. E2 will prepare and
submit the following documents as a part of pre -mobilization submittals in an expedited manner.
✓ Schedule
✓ Site Specific Health and Safety Plan
✓ Personnel Training Certificates (40-hour HAZWOPER and current 8-hour HAZWOPER Refresher)
Scope of Work:
E2 will begin trench at area indicated by Client. Trench will be 18"-24" deep 10"-12" wide. Said trench
will be lined with —3" of pea gravel and 6" perforated drain pipe will be laid in trench belly. Pea gravel
will be added to cover pipe —Y. Soil cap will complete the void using trench excavated soil. Remaining
spoils will be spread and leveled over trench excavation area. Client provided "vault" will be installed at
east end of drain system with 6" fill port and 3" discharge with 3" valve. 2"-3" Rip Rap will be installed
around discharge down the south face.
Mobilization and Site Setup:
E2's Project Manager and Site Supervisor will attend the Project Kick -Off Meeting and discuss the Work
Plan, implementation of Health and Safety Plan, site access, etc. E2's Project Manager and Site
Supervisor will walk the site with the client and discuss the plan regarding staging equipment and
material, traffic control and project schedule. Upon issuance of Notice to Proceed and agreeable start
date, E2 will set dates and commence scheduling. E2 will mobilize the following personnel, equipment
and material, as needed, to facilitate and expedite installation of new drainage system.
2515 S. Beltline Rd. 9950 Chemical Road
Mesquite, TX 75181 Houston, TX 77507
Page 2
✓ 1 — Project Manager
✓ 1 — Site Supervisor
✓ 2 — Technicians
✓ 1 — Mini -Ex
✓ 1 — Trenching Machine
✓ 1 — 4X4 Backhoe
✓ 1 — Sky Trac
✓ 300' — 6" Perforated pipe
✓ 2 Cu. Yd. — 2"-3" Rip Rap
Prior to any EZ employees or any other personnel entering the work -zone, the Site Supervisor will inspect
the entire area. Hazards will be discussed at daily tailgate safety meetings. Engineering controls will be
implemented if any of the hazards pose an immediate or dangerous threat to workers. Ez will perform the
field work under the client prepared and approved storm water pollution prevention plan. It is our
understanding that installation of the new drainage system work will be performed under a permit secured
by the client, if necessary.
COST SCHEDULE
1 — On Site Labor Services 8hrs x 2days x 3man crew @ $2140.00
300' — 6" Perforated hose — 3(100') @ $140.00each
1 — Standard 4x4 Backhoe — 2 Days @ $330.00day
1 — Trencher — 1 Day @ $525.00day
1 — Sky Trac — 1 Day @ $280.00day
1 — Pick-up and delivery of equipment — 2 Each @ $200.00each
1 — 2" - 3" Rip Rap Delivered — 2 Cu. Yd. @ $425.00load
Estimated Total Project: $4850.00
Proposal assumptions/conditions:
_ + The site is easily accessible and there are no objects including overhead and/or underground
utilities present to hinder the progress of the work.
+ It is our assumption that any ground water that escapes during installation of new drain system
will be acceptable due to site visit findings.
• Pea gravel will be supplied and made available at gate entry for Effective Environmental to
utilize in construction of drain system.
• Our proposal does not include submittal of any registered engineered signed and stamped
plans/reports.
• Our proposal does not include any site restoration including but not limited to seeding, hydro -
seeding, mulching, sod, etc.
• Any down time or waiting time including weather delay not in E2's control will be charged as per
EZ's standard rate schedule on a time and material basis.
• Pricing does not include any applicable federal, state and/or local taxes.
0 This is a good faith estimate, all labor, equipment, disposal volumes are estimated. Project will
be billed Time and Materials.
2515 S. Beltline Rd.
Mesquite, TX 75181
9950 Chemical Road
Houston, TX 77507
Page 3
i
We appreciate the opportunity to submit this proposal. If you have any questions or require additional
information, please feel free to contact me at (972) 329-1200.
Regards,
Effective Environmental, Inc. (E2)
Chuck McDonald
Project Manager/Estimator
Cell (972) 832-2824
Office (972) 329-1200
Fax (972) 329-1206
Accepted by:
(sign):
(print):
Title:
Date:
PO#:
2515 S. Beltline Rd. 9950 Chemical Road
Mesquite, TX 75181 Houston, TX 77507