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HomeMy WebLinkAboutContract 26475 CITY SECfRETARY CONTRACT Between CITY OF FORT WORTH and AMERICAN ENVIRONMENTAL SPECIALTIES, INC. PROJECT: DEM01-01 :ASO&M For REMOVAL OF ASBESTOS CONTAINING MATERIALS ON AN AS NEEDED BASIS FOR THE CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT NOVEMBER, 2000 City of Fort Worth, Texas "11yor and COundlCommunication DATE REFERENCE NUMBER LOG NAME T3� 11/21/00 **C-18358 52ABATE 1 of 2 SUBJECT AWARD OF ANNUAL CONTRACT TO AMERICAN ENVIRONMENTAL SPECIALTIES, INC. FOR ASBESTOS ABATEMENT OPERATIONS AND MAINTENANCE SERVICES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an annual contract with American Environmental Specialties, Inc. for asbestos abatement operations and maintenance services at a total cost not to exceed $50,000.00; and 2. Authorize this agreement to begin January 1, 2001, and end December 31, 2001, with options to renew for two successive one-year terms. DISCUSSION: The City has a number of facilities that contain asbestos materials. Often, maintenance operations at these facilities require the disturbance and/or removal of a portion of the asbestos material. Federal and state laws require that only trained and licensed individuals perform asbestos disturbance/removal procedures associated with such work. It should be noted that this contract covers only small-scale asbestos removal/repair services required because of City maintenance and operations procedures. Any large scale asbestos remediation required because of potential health hazards or major building renovations would still be contracted for on a case-by-case basis. The Environmental Management Department is recommending that the City enter into an annual contract with an approved asbestos abatement contractor to provide the required operations and maintenance asbestos services on a per unit cost basis. This agreement may be renewed for up to two successive one-year terms at the City's option. Renewal may be effected by notice in writing by the City Manager or his designated representative to the contractor within 30 days prior to expiration of the current term and does not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City obligations during the renewal term. In October 2000, the Environmental Management Department issued a Request for Proposals (RFP) for the furnishing of all labor, materials, and equipment necessary for performing the removal of asbestos in City-owned facilities. This project was advertised for bid in the Commercial Recorder on October 10 and 16, 2000. On October 26, 2000, the following seven bids were received: City of Fort Worth, Texas pip IMallor And Coun"K Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/21/00 **C-18358 1 52ABATE 2 of 2 SUBJECT AWARD OF ANNUAL CONTRACT TO AMERICAN ENVIRONMENTAL SPECIALTIES, INC. FOR ASBESTOS ABATEMENT OPERATIONS AND MAINTENANCE SERVICES 1. Action Environmental Services 2. American Environmental Specialties, Inc. 3. ARC Abatement Services, Inc. 4. ICE Environmental Services 5. Inca-Sol Environmental Services, Inc. 6. L. A. Environmental, Inc. 7. Mid-South Environmental Services, Inc. Responses were evaluated on a predetermined combination of qualitative and quantitative (point) measures to determine the recommendation for award of contract. These measures included evaluation of such factors as legal record, experience, qualifications, performance records, cost, and references. Based on the total point distribution of those measures, staff has negotiated a contract and recommends the award to American Environmental Specialties, Inc. Based upon prior usage experience of services required, a not-to-exceed amount has been set at $50,000.00. A waiver of the M/WBE requirements was requested by the department and approved by the M/WBE Office because the purchase of goods and services is from a source where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Environmental Management Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 APPROVED Originating Department Head: CITY COUNCIL BrianBoemer 8079 (from) NOV 21 20M R103 539410 0524106 $50,000.00 Additional Information Contact: ,;,_ City Secretarp of the Brian Boerner 8079 City of?'ort Worth,Texas DATE(MMIDDIYY) A CORD 12/15/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE WYATT AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 130011TH STREET ALTER THE COVERA09Y THE POLICI S BELOW. SUITE 305-E COMPANIES AFFORDING COVERAGE HUNTSVILLE,TX 77340 COMPANY STEADFAST INSURANCE COMPANY A INSURED AMERICAN ENVIRONMENTAL SPECIALTIES,INC. COMPANY ZURICH AMERICAN INSURANCE COMPANY 2219 WEBB-LYNN ROAD B ARLINGTON,TX 76002 COMPANY C ZURICH AMERICAN INSURANCE COMPANY COMPANY D MEN THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY AAO 2972661-00 7/3/00 7/3/01 GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGO S 2,000,000 CLAIMS MADE -]OCCUR PERSONAL&ADV INJURY $ 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 21000,000 X ASBESTOS/LEAD FIRE DAMAGE (Arty one fire) $ 50,000 ABATEMENT MED EXP(Anyoneperwn) $ 5,000 AUTOMOBILE LIABILITY TAP3763436-00 1122/00 1122/01 COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO ALL OWNED AUTOS INCLUDES POLLUTION LIABILITY DURING BODILY INJURY $ SCHEDULED AUTOS TRANSPORTATION (P-P—) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (P-accWwM PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACGDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND BINDER#2001-1 1/1/01 1/1/02 X TORY IA. °E C EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1 o00.000 THE PROPRIETOW INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIEXECUMr OFFICERS ARE: RX EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER DES6RIPTION OF y OPERATI501LOCATIZMSIVE1 HICLESISPECIALI ; PROJECT: DEM01-01 :ASBO&M REMOVAL, PACKAGING,TRANSPORTATION AND DISPOSAL O�ASBESTOS CONTA(NIN MATERIALS FROM CITY OWNED FACILITIES. THE CITY OF FORT WORTH, ITS OFFICERS,AGENTS, EMPLOYEES, REPRESENTATIVES AND VOLUNTEERS ARE ADDED AS ADDITIONAL INSUREDS AS RESPECTS OPERATIONS;INO- 4� ATIES OF, OR ON BEHALF OF THE NAMED INSURED, PERFORMED UNDER CONTRACT WITH THE CITY OF FORT WORTH. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT WORTH EXPIRATKM DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DEPT.OF ENVIRONMENTAL MANAGEMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1000 THROCKMORTON, LOWER LEVEL-S.W. BUT FAILTo IL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY CORNER FT.WORTH,TX 76102 OF ANY NDN TH COMPANY I ENTS OR REPRESENTATIVES. AUTHORIZED S NTA CITY SECRETARY CONTRACT No. CONTRACT FOR PACKAGING,TRANSPORTING AND DISPOSAL OF ASBESTOS- CONTAINING MATERIALS FROM CITY OWNED FACILITIES This agreement is entered into by and between the City of Fort Worth, Texas, a home- rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City," acting herein through Charles Boswell, its duly authorized Assistant City Manager, and American Environmental Specialties, Inc.,hereinafter called"Contractor". In consideration of the mutual promises and benefits of this contract, the City and Contractor agree as follows: 1. TERM The initial term of this contract shall be for a period of twelve (12) months, beginning January 1, 2001, and expiring December 31, 2001. In addition to the initial term, City shall have the right to renew this agreement for up to two (2) consecutive one (1)year renewal terms. The City may renew this agreement by the City Manager executing a renewal agreement and City Council appropriating the funds. 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall perform in a good and professional manner the services listed in this contract, and those identified in the City's request for proposal dated October 6, 2000, in the manner in which Contractor responded to City's request for proposal received by the City on October 26, 2000. Both the City's request for proposal and the Contractor's responses are attached hereto as exhibits and incorporated into this contract as if fully set forth herein. Any conflict between such documents and the main body of this contract shall be governed by the terms of the main body of this contract. B. Contractor shall provide all the labor, materials, and equipment necessary for the removal, packaging, transporting and disposal of asbestos-containing materials from City owned facilities on an as-needed basis. C. Contractor acknowledges that the City performs Operations and Maintenance asbestos abatement activities within City owned facilities on a routine basis. Asbestos-containing materials that may be encountered include, but are not limited to, floor tile and mastic, thermal system insulation, spray on fireproofing,wall and ceiling texture,joint compound and roofing materials. �S r: ,,, •.fit:': �i�.J�= F7 Page 1 D. Contractor shall provide all paperwork and documentation needed to complete waste shipments. E. Contractor shall begin work no later than fourteen calendar days of date of asbestos removal task order; F. Contractor shall provide City with fully executed copies of Waste Manifests within 30 calendar days of waste shipments; G. Contractor certifies that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to perform this contract. In addition, Contractor agrees to require any of its subcontractors used to perform this contract to have and maintain current and appropriate federal, state and local licenses and permits to perform this contract; and N H. Contractor certifies that it has and will maintain the required insurance listed in Section 6. r 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor, render City decisions and to accompany Contractor; B. Coordinate with City facilities, City departments, and any tenants; C. Provide Asbestos Assessment Reports and Asbestos Removal Specifications; D. Provide site access; E. Provide timely notice to Contractor in writing of Asbestos-Containing material removal projects, detailing the location(s), type of work, and other pertinent information; F. Provide Asbestos Consultant, Air Monitoring Technician, and Project Manager to oversee asbestos removal work; G. Pay applicable Texas Department of Health asbestos notification fees; and H. File Texas Department of Health Notification and make necessary amendments. 4. F SUBCONTRACTORS ` rL U , o 1D IPage 2 If Contractor desires to subcontract any service or services listed under Section 2 "Scope of Contractor's Services" of this Agreement, Contractor agrees to obtain the City's written acceptance of such subcontractor(s) before allowing such subcontractors, to perform such service or services. Failure of the Contractor to obtain the City's written acceptance of anX and all of the Contractor's subcontractors used in the performance of this agreement is grounds for automatic termination. In addition, Contractor acknowledges that City may, at City's own discretion,perform on-site audits of all proposed subcontractor's facilities in order to determine acceptability. 5. COMPENSATION A. In consideration for the work performed by Contractor under this contract, City shall pay Contractor a sum not to exceed $50,000. The City is responsible for notifying Contractor of any questions concerning an invoice, and shall not be required to pay Contractor until such questions have been resolved. B. Periodically during the performance of this contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the "not to exceed" price, Contractor shall prepare to cease its operations unless and until the contract is amended and an authorized representative of the City directs Contractor to perform additional work. C. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement thereof shall be presented to the City. 6. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the terms of this contract. Prior to commencing work, the Contractor shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. Contractor also certifies that if it uses a subcontractor in the performance of this agreement that each subcontractor shall have, at a minimum, current insurance coverage as detailed below and will maintain it throughout the terms of this contract or such subcontractor shall be covered under Contractor's insurance. A. Commercial General Liability Insurance-$2,000,000.00 per occurrence JR B. Professional LiabilityInsurance: $2 000 000.00 per occurrence.P Page 3 C. Automobile Liability Insurance- $1,000,000.00 per accident This policy shall include pollution coverage; that is, it shall not have the pollution exclusion. Plus, the policy shall cover loading, unloading and transporting materials collected under this contract. D. Worker's Compensation Insurance - Statutory limits, plus employer's liability at a minimum of $1,000,000.00 each accident; $1,000,000.00 disease - policy limit; and $500,000.00 disease-each employee. E. Environmental Impairment Liability(EIL) and/or Pollution Liability - $2,000,000.00 per occurrence. Coverage must be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract project shall be included under the Automobile Liability insurance or other policy(s). NOTE:BETWEEN A AND E ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE COVERED; IN ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS. CLEAN-UP COSTS SHALL BE COVERED. E. The following shall pertain to all applicable policies of insurance listed above: 1. Additional Insured Endorsement: "The City of Fort Worth, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Fort Worth." Reasonably equivalent terms may be acceptable at the sole-discretion of the City of Fort Worth. 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under the contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this agreement shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty(30)days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas 76102." 5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Director of Risk Management for the City of Fort Worth. The City's standard is an A.M.Best Key rating A:VII. 7r �)!�! )}r'�! Pae 4 `•' 1�1 11�''�In �is r„_ 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved." 7. INDEMNIFICATION A. For purposes of this contract, the following words and phrases shall be defined as follows: a 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in paragraph 2of this part. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the Page 5 ■ United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the ■ protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to ■ reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. GENERAL INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE REMOVAL, PACKAGING, TRANSPORTING AND DISPOSING OF ASBESTOS-CONTAINING MATERIALS FROM CITY OWNED FACILITIES PURSUANT TO THIS CONTRACT. D. The obligations of the Contractor under this Section 7 shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Page 6 E. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder to indemnify, City shall provide Contractor with reasonably timely notice of same. F. The obligations of the Contractor under this Section shall survive the expiration of this contract and the discharge of all other obligations owed by the parties to each other hereunder. G. In all of its contracts with subcontractors for the performance of any work under this contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this Section . 8. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by providing packing, transporting, and disposal of hazardous, special and solid waste. 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. 9. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 10. TERMINATION A. City may terminate this contract without cause with giving 30 days written notice to Contractor,provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this contract under paragraph A in this section, City shall pay contractor for all services performed prior to the termination notice. EGD V li 15��Ue� �jGj17 Page 7 Il lle �)i��?Wfo II ISLuI.f C. All completed or partially completed original documents prepared under this contract shall become the property of the City when the contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. D. In the event either party defaults in the performance of any of its obligations under this contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a thirty (30) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid thirty (30) day period, or if the default cannot be cured, the contract shall terminate as of the date provided in the notice of default. ` 11. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. D. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. Page 8 12. RIGHT TO AUDIT A. City shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions related to this contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 13. INDEPENDENT CONTRACTOR Contractor shall perform work under this contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co-employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this contract, except as outlined in this contract or as otherwise required by federal, state, county or city law,regulation or rule. 14. NON-DISCRIMINATION A. During the performance of this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees n1_aced by or on behalf of this contract, that Contractor is an equal opportunity employer. y e �i� r �G � GIGC) �C G1 EG, T,Y r !'r` � Page 9 C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 15. 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. 16. 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. 17. ENTIRETY This contract, the contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 18. 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. Page 10 19. NOTICE Notices required to be made under this contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 Questions should be directed to: Name: Michael Gange Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 (817) 871- 8592; FAX (817) 871-6359 If to Contractor: Name of Company: American Environmental Specialties, Inc. Name of Contact Person: Cary Wilson Address: 2219 Webb Lynn Road Arlington, Texas 76002 Telephone: 817-417-4591 Fax: 817-417-4589 20. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. 21. 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 =t ���oii^i Page 11 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. 22. MODIFICATION No modification of the contract shall be binding on Contractor or City unless set out in writing and signed by both parties. This agreement has been executed by the parties in Tarrant County, Texas City of Fort Worth Charles Boswell,Assistant City Manager President A ROVED TO FO WITNESS: AssdVj Mity AttAde I Name: ,�P.r�DI(l �1c�reu�5 Title: V,c e res id e I Seue�a►ru ATTEST: CORPORATE SEAL: 1 � - Gloria Pearso , Secretary (2- /Y3s59 Contract Authorization -- �, 1-00 �,� Date VICIfUC�W6 ���VGSD F127 -9 Page 12 E American Environmental Specialties, Inc, 2219 Webb Lynn Road, Arlington, Texas 76002 Phone (817) 417-4591 / Fax (817) 417-4589 Proposal Package 4 Prepared For: City of Fort Worth Department of Environmental Management 1000 Throckmorton, Lower Level — SW Corner Fort Worth, Texas 76102 - Project: (DEM01-01 :ASO&M) - Removal, Packaging, Transportation and Disposal of Asbestos-Containing Materials From City Owned Facilities Due 1 :30 P.M. on Thursday, October 26, 2000 2.0 PROPOSAL DOCUMENTS 2.1 PROPOSAL DOCUMENT CHECKLIST All Proposal Documents, including this Checklist, must be completed in full and submitted in a sealed envelope, in the requested order, or the proposal may be considered as a responsive submittal. Proposal Documents Initial if Included 1. PROPOSAL DOCUMENT CHECK LIST 2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA (� 3. MINORITY and WOMEN BUSINESS ENTERPRISES - 4. PROPOSAL SUMMARY 5. COST ESTIMATE 6. QUALIFICATIONS OF PROVIDER 7. LIST OF SUBCONTRACTORS 8. VENDOR'S COMPLIANCE TO STATE LAW _ (� 9. INSURANCE CERTIFICATES 10. PROVIDER'S LICENSES&CERTIFICATES 11. PROVIDER'S LEGAL&COMPLIANCE HISTORY 12. OTHER _ A. Invoice B. Daily Log understand that failure to submit all of these items may cause my submittal t=bd resp ve. Name CaY Wilson Title President Company American Environmental Specialties, Inc. 2-1 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDUM 2.2.1 Check if applicable The undersigned acknowledges the receipt of the following addendum(a) to the Request for Proposals, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 (Date received) Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2.2.2 Check if applicable t/ The undersigned acknowledges the receipt of no addenda to the Request for Proposals. PROVIDER: American Environmental Specialties, BY: Cary Wilson Company Name Inc. (print or type name of signatory) 2219 Webb Lynn Road Address (Signature) Arlington, Texas 76002 President City, State,Zip Title(print or type) 2-2 2.3 MINORITY and WOMEN BUSINESS ENTERPRISES (M/WBQ The City's requirement for M/WBE participation has been waived for these services. 2-3 � .,.. •j :p(► � F/j! j /, r `ry���\ w .:r /ISN I R,�'�7�••+� ♦II�N% \MSN. �%'y.\lkl l�ii.�::..'..�^.�,•x•�.._ iii-•"'.Nlg1\\i d' 4�yit�i`d/I.\1\N,{ r::�' 1 Ms\ +� A `r��..✓!I^s\k�/;G'�....x rs• ��ry......�' s �'r h11V�/'•':iii(". =^_-•✓rill.: rl//^\IDr/'•.iii11 i Ssri t:a�?!i �rp.= r ru u n ..V ur�r qs�"�n,us.>,r� pr,.'—V -�.�,rsu�ivM1��ia�� M --1nw•�'�r—sn��iar.=--�/—:.i rsa��ri, .��r�p�" �I���sv �� � j ri� , '�\ - rh 3:`.``• `M - 4i :,�+ait\\� �� - ,r„ i \� < - i� `tr'►1='(AA !�i fMp� o z O 0 cc cud o " -o �- I m .a ` b _wbe o- G CL 3 a z � _ z ° ,. w ° .l. V1 N �° o) CD O C u Cl) N G Zcc G t► V r_l i w L� y O OyZ M " w °> LL Cd cd 0 I I ti LLJ a w ° .! Ilb c m o c o 'C Q .r w 0 5 U) O ° 04 O o° C .. ,`$ti, •L O 00 G a' G 7 7to � r R • . \ �+ m O u LL LL t,:, CO be G w k ^C a G z y M G O z X66' t i ., {' oN Re O'\ I { ' - rde mmz% O faft of Zrxns Historically Underutilized Business Certification and Compliance Program p�1 E 0 w � � The General Services Commission (GSC) hereby certifies that AMERICAN ENVIRONMENTAL SPECIALTIES , INC has successfully met the established requirements of the State of Texas' Historically Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 12/04/99,supersedes any registration and certificate previously issued by the GSC's HUB Certification and Compliance Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the ` business' application for HUB certification with the GSC, you must immediately (within 30 days of such changes) notify theGSC's HUB Certification and Compliance Program in writing. The Commission reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. CertificateNlD Number: 1731339296500 Z. 11�ZL FileNendor Number: 62334 Robert L. Hall, Program Director Date of Approval: 12/01/99 General Services Commission Expiration Date: 12/01/01 (512) 463-5872 Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertificateNID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http://www.gec.state.tx.ust) or by contacting the GSC's HUB Certification and Compliance Program at (888) 863-5881 or (512) 463-5872. 2.4 PROPOSAL SUMMARY TO THE CITY OF FORT WORTH: The undersigned hereby proposes to fumish the equipment, labor materials, superintendence, and any other items or services necessary to perform removal, packaging, transportation, and disposal of asbestos-containing materials from City owned facilities on an as needed basis. Detailed Scope of Work is attached hereto. Contractor equipment and personnel are capable of performing each type of procedure listed in the Project Data either with in house resources or through subcontracts. All Proposal Documents have been submitted in one sealed envelope. Unit prices are provided within the Proposal Documents in Section 2.5. Contractor shall begin work no later than fourteen (14) calendar days from date of Task Order (i.e., Asbestos Removal Request). In emergency situations Contractor will respond as necessary. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for sixty(60)days from the date of submittal. PROVIDER: American Environmental Specialties, By: cars, Wilson (Company Name) Inc. (print pe name of sig tory) 2219 Webb Lynn Road 0 (Address) (Signature) Arlington, Texas 76002 President (City, State,Zip) Title(print or type) 817-417-4591 817-417-4589 Phone) (FAX) 2-4 Scope of Work Proposals are being accepted by the City of Fort Worth ("City") for the furnishing of all labor, materials and equipment necessary for the removal, packaging, transportation, and disposal of asbestos-containing materials from City owned facilities on an as-needed basis. There will be no minimum work guaranteed under this agreement. Note: All subcontractors are subject to acceptance by the City. The City reserves the right to perform on-site audits of all facilities prior to acceptance as a qualified subcontractor. The City performs Operations and Maintenance (O&M) asbestos abatement activities within City owned facilities on a routine basis. Asbestos-containing materials (ACM) that may be encountered include but are not limited to floor tile and mastic, thermal system insulation, spray-on fireproofing, wall and ceiling texture,joint compound, and roofing materials. The work required under this contract includes the followingtasks: asks: • Maintain all applicable licenses and certifications; • Removal of ACM; • Packaging and labeling of ACM for disposal; • Transportation of ACM for disposal; and • Disposal of ACM. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL RULES AND REGULATIONS. CONTRACTOR IS REQUIRED TO STAY ABREAST OF ANY CHANGES TO APPLICABLE RULES AND REGULATIONS. The City will perform the following tasks under this contract: • Provide Asbestos Assessment Reports and Asbestos Removal Specifications; • Provide site contact information; • Provide site access; • Provide timely notice to Contractor in writing of ACM removal projects, detailing the location(s), type of work, and other pertinent information; • Provide Asbestos Consultant, Air Monitoring Technician, and Project Manager to oversee asbestos removal work; • Pay applicable Texas Department of Health (TDH) asbestos notification fees; and • File TDH Notification and make necessary amendments. 2-5 2.5 UNIT COSTS The Table below identifies various types of asbestos-containing materials (ACM). Contractor shall provide a cost for each type of ACM included on the Table. The prices quoted in the Table below are for work within normal conditions(i.e., up to a maximum of 12-foot ceiling height, flat roof conditions for roof work, no holiday or weekend hours, etc.). Prices listed in the table shall include all labor, material, and equipment to perform the function. Please initial this Unit Costs page in the lower right hand corner. Standard List of ACM Types and unit costs: ACM Type COST Carpet ONLY $ .75 /square foot Floor applied Mastic ONLY $ 1 .25 /square foot Floor Tile and Mastic $ 1 .85 /square foot Note: Above listed prices may be used ALONE or in conjunction with each other. Plaster or stucco material $ 3.00 /square foot Roof Flashing $ 7.00 /square foot Roofing Felt $ 4.00 /square foot Sheetrock Joint Compound $ 2.10 /square foot Spray-on Fireproofing (from Y2 inch to 2 %inch thickness) $ 7.50 /square foot Surfacing Material Boiler Insulation $ 8.00 /square foot Rolled-on Texture $ 2.10 /square foot Sprayed-on Texture (e.g. popcom ceiling) $ 2.10 /square foot Trawled-on Texture $ 2.25 /square foot Thermal System Insulation (TSI) Less than or equal to 10 inch OD $ 7.00 /linear foot Greater than 10 inch OD and less than 24 inch OD $ 12.00 / linear foot Fitting less than or equal to 10 inch OD each $ 40.00 ./fitting Fitting greater than 10 inch OD and less than 24 inch OD $—aa–u—/fitting Transite Material $ 1 .50 /square foot Wall, floor, or ceiling fibrous ACM board $ 1 .85 /square foot List of Services NOT included in Standard List above: SERVICE COST Site Mobilization (once per job site) 0 site OSHA Required Air Monitoring for Personnel $ 100_oo /day Transportation and Disposal of ACM Waste $ 8.00 /cubic yard 2-6 c Hourly Rates for workers if UNIT PRICE table above does not apply: POSITION HOURLY RATE Licensed Asbestos Abatement Worker $ 42.50 /hour Licensed Asbestos Supervisor $ 47.50 /hour Markup for Outside Services: For materials, equipment, and supplies that are not included in the above listed prices but are required at a job site the costs will be billed to the City with a 10 % markup. G 2_7 2.6 QUALIFICATIONS OF THE PROVIDER 1 Provider shall identify its company name, address, telephone number(s), and FAX number(s)for the local office as well as the headquarters. Provider shall attach a copy of its current Statement of Qualifications. If subcontractors are to be utilized for services to be provided, current Statements of Qualifications for those companies must also be included. Provider shall submit a brief r6sum6 (one page maximum, 10 pt type minimum) of each professional person who will be assigned to this contract. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. Document Provider's experience managing and performing removal, packaging, transportation, and disposal of asbestos-containing materials. If applicable, photos, schematic drawings, and vendor(s) brochures should be included with a narrative description. INCLUDE A COPY OF THE QUALIFICATIONS FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE 2-8 American Environmental Specialties, Inc. 2219 Webb Lynn Road, Arlington, Texas 76002 Phone (817) 417-4591 Fax (817) 417-4589 Local and Headquarter Address American Environmental Specialties,Inc. 2219 Webb Lynn Road Arlington,Texas 76002 817-417-4591 817-417-4589 Fax T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S 44, AIA Document A305 Contractor's Qualification Statement 1986 EDITION This form is approved and recommended by 7be American Institute of Architects (AIA)and The Associated General Contractors of America(AGC)for use in evaluat- ing the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by the AIA or AGC. The Undersigned certifies under oath that the information provided herein is true and suffi- ciently complete so as not to be misleading. SUBMITTED TO: City of Fort Worth ADDRESS: 1000 Throck morton, Lower Level-SW Corner Fort Worth, Texas 76102 SUBMITTED BY: American Environmental Specialties, Inc. Corporation IN NAME: Cary Wilson, President Partnership ❑ ADDRESS: 2219 Webb Lynn Road Individual ❑ Arlington, Texas 76002 PRINCIPAL OFFICE: Same Joint Venture ❑ Other ❑ NAME OF PROJECT (if applicable): TYPE OF WORK (file separate form for each Classification of Work): General Construction HVAC Plumbing Electrical X Other Asbestos Abatement (please specify) Copyright 1964, 1x59, 1979, 0[986 by Thc American Institute of Architects, 1735 new York Avenue,N.W.,Washing, ton,D.C.20006.Reproduction of the material herein or substantial quotation of its prox,tsions vw ithour written permission of the AIA violates the copyright ha-s of the United States and will be subject to k d prosecution. AIA DOCUMENT A305-CO..VM4CTOR'S QUALIFICATION STATEMENT• 1906 EDITION-AIA • 1996 THE AMERICA.\INSTITUTE OF ARCHITECTS. 1-35 NEW YORK AVENUE.N.W.,WASHINGTON.DC _XX)6 A305-1986 1 1. ORGANIZATION 1 l How- many years has your organization been in business as a Contractor? 11 years 1.2 How many years has your organization been in husiness under its present business name% 11 years 1.2.1 Under what other or former names has your organization operated? None 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation: February 16, 1989 1.3.2 State of incorporation: okahana 1.3.3 President's name: Cary Wilson 1.3.4 Vice-president's name(s): Jerrold Andrews 1.3.5 Secretary's name: Jerrold Andrews 1.3.6 Treasurer's name: Cary Wilson 1.-f If your organization is a partnership, answer the following: IA.I Date of organization: 1.-4.2 Type of partnership (if applicable): 1.-4.3 Name(s)of general partnerts): 1.5 If your organization is individually owned. answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: A A DOCUMENT A305•CONTRACTOR'%Qr'ALIFIGi*T10%%TATEMENT• IYW,EDITION•ALAI • c lgW3 THE AMERICAN IN%TITITE OF ARCHITECTS. 1-3,NE%'YORK AVENUE.NW._1XM%HINGTON.D.C.21MIU6 A305-1966 2 1.6 If the form of your organization is other than those listed above,describe it and name the principals: 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. Asbestos Abatement - Texas - 80-0218 Asbestos Transport - Texas - 40-0138 2.2 List jurisdictions in which your organization's partnership or trade name is filed. 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. Asbestos Abatement Asbestos Transport 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it? No 3 ' ' Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construc- tion contracts within the last five years? No 3.3 Within the last fire years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?(if the answer is yes, please attach details.) No AIA DOCUMENT A305•CONTRACTOR>QUALIFICATION STATEMENT• 1906 EDITION•AIA* •C:1906 THE AMERICAN INSTITI TE OF ARCHTTECTS. 1'35 NEW YORK AVENUE.N.W..W.&SHINGTON.D.C.2(XX)6 A305-1986 3 3.� On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. 3.-+.1 State total worth of work in progress and under contract: $414,306.96 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project,owner,architect,contract amount,date of compl:tion and percentage of the cost of the work performed with your own forces. 3.5.1 State average annual amount of construction work performed during the past five years: $3 Million 3.6 On a separate sheet, list the construction experience and present commitments of the key individ- uals of your organization. 4. REFERENCES 4.1 Trade References: Lone Star Safety & Supply 2631 Freewood Drive Dallas, Texas 75220 214-357-3807 Mr. Jody Vance Specialty Products & Insulation Co. 2838 Anode Lane Dallas, Texas 75220 972-345-6750 Mr. Pete Feehery 4.2 Bank References: Bank One, Texas N.A. 8111 Preston Road Dallas, Texas 75225 214-360-3903 Mr. Scott Bedford +.3 Surety: -+-3-1 Name of bonding company: Credit General c/o BISA 4.3.2 Name and address of agent: The Wyatt Agency - Mr. Shawn Wyatt 1300 11th Steet, Suite 305-E, Huntsville, Texas 77340 AIA DOCUMENT A305•CONTRACTOR-S QUALIFICATION STATEMENT• 19Nk EDITION•AIA' • IW) THE AMERICAN INSTITI TE OF ARCHITECTS. 1-45 NEW YORK AVENUE.N% .WASHINGTON.DC 240(oxi A305-1986 4 American Environmental Specialties, Inc. 2219 Webb Lynn Road, Arlington, Texas 76002 Phone(817)417-4591 Fax(817)417-4589 WORK IN PROGRESS As of 9/30/2000 Project: Dallas Convention Center-postponed Location: Dallas,Texas Contract: $3,100.00 Owner: City of Dallas Consultant: Garrett %Complete: 0% Completion Date: t/b/d Project: Love Field Roof Location: Dallas,Texas Contract: $98,000.00 Owner: Castro Roofing Consultant: t/b/d %Complete: 0% Completion Date: t1b/d Project: Right of Way—Highway Mowing Location: Dallas County Contract: $362,064.00 Owner: TX DOT - Consultant: n/a %Complete: 35% Completion Date: 4/2001 Project: Right of Way—Highway Mowing Location: Ellis County Contract: $221,884.00 Owner: TX DOT Consultant: n/a %Complete: 65% Completion Date: 9/2001 Project: 11017 Jacksboro Hwy Location: Azle,Texas Contract: $7,136.00 Owner: General Services Commission Consultant: REC,Inc. %Complete: 0% - Completion Date: 10/11/00 Project: 1105— 1107 Bryan St. Location: Fort Worth,Texas Contract: $34,720.00 Owner: General Services Commission Consultant: REC,Inc. %Complete: 0% Completion Date: 10/25/00 American Environmental Specialties,Inc. Work in Progess Page 2 Project: Kerr Hall Location: Denton,Texas Contract: 403.96 Owner: University of N.Texas Consultant: REC %Complete: 0% Completion Date: 10/14/00 American i1vi nvironmental Specialties, Inc. 2219 Webb Lynn Road, Arlington, Texas 76002 Phone(817)417-4591 Fax(817)417-4589 Previous Projects Love Field Main Trunk...............................................................................$507,969.00 Dallas,Texas Owner: Consultant: Air Monitoring: City of Dallas Enviro-Max,Inc. Same Mr.Jerry Pollard Mr.Lewis Jensen LB 16 Love Field Terminal 2351 W.Northwest Hwy. Dallas,Texas 75235 Dallas,Texas 75220 214-670-6151 214-461-8743 Completion Date: 8-25-97 Ceiling Texture,Fireproofing,Thermal Insulation,Floor Tile,Mastic College Inn....................................................................................................$217,407.16 Denton,Texas Owner: Consultant: Air Monitoring: Univ.of N.Texas MAS-D Env. Same Mr.John Flippen Mr.Maurice Dinka P.O.Box 311310 P.O.Box 543032 Denton,Texas 76205 Dallas,Texas 75354 940-565-4837 972-527-4422 Completion Date: 6-30-98 Acoustical Ceiling Texture,Floor Tile and Mastic LegendaryLane...........................................................................................$482,108.00 Dallas,Texas Owner: Consultant: Air Monitoring: City of Dallas ETI Environmental Pass Associates,Inc. Mr.Kenn Hornbeck Mr.Eddie Taw Mr.Lewis Jensen 320 E.Jefferson,Rm 108 4112 Via Ballena 2351 Northwest Hwy Dallas,Texas 75203 Mesquite,Texas 75150 Dallas,Texas 75220 214-948-4554 972-279-9751 214-461-8743 Completion Date: 12-8-98 Ceiling Texture Lakewood Elementary School......................................................................$89,705.00 Dallas,Texas Owner: Consultant: Air Monitoring: Dallas Public Schools Afram Intn'l Env. Pass Associates,Inc. Mr.Larry Munson Mr.Kenneth Chriss Mr.Lewis Jensen 2419 Cockrell Avenue P.O.Box 202682 2351 Northwest Hwy Dallas,Texas 75215 Arlington,Texas 76005 Dallas,Texas 75220 972-925-5300 214-689-9877 214-461-8743 Completion Date: 6-16-99 Floor Tile,Mastic,Thermal System Insulation Dallas Convention Center...........................................................................$454,775.00 Dallas,Texas Owner: Consultant: Air Monitoring: City of Dallas REC,Inc. Same Mr.Tom Wurtz Ms.Dyana Lee 320 E.Jefferson,Rm 108 P.O.Box 801462 Dallas,Texas 75203 Dallas,Texas 75380 214-948-4551 972-385-4535 Completion Date: 12-18-99 Ceiling Texture KEY PERSONNEL Cary Wilson -- President Mr. Wilson, a Native American, formed AESI in 1989 to perform asbestos abatement and other environmental services. For a period of eight years in Tulsa, Oklahoma, previous to forming AESI, Mr. Wilson was a co-owner and manager of field operations of Thermal Specialties, Inc., which served the needs of the refractory and petrochemical industries. Mr. Wilson's extensive background in hands on management in the petro chemical industry and his ability to effectively trouble shoot potential problem areas has made AESI grow to a multi-million dollar company in just a short period of time. Mr. Wilson also holds several patents on mechanical processes and equipment relating to the environmental and petroleum fields. Jerrold Andrews -- Vice President Mr. Andrews joined AESI in September 1993. His ten year background in business management and hands-on experience in the environmental field as a certified worker and supervisor has been proven to be a major asset to AESI. He maintains a thorough understanding of the laws regarding the industry. His duties include compliance and field management for AESI and its day to day operations. 5. FINANCING 5.1 Financial Statement. 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash. joint venture accounts, accounts receivable. notes receivable. accrued income, dep)sits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities(e.g.,accounts payable, notes payable,accrued expenses,pro - vision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: Larkin & Scott, 7515 Greenville Avenue, Suite 508, Dallas, TX 75231 5.1.3 Is the attached financial statement for the identical organization named on page one? Yes 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g.. parent-subsidian•). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for con- struction? Yes AIA DOCUMENT A305•CONTRACTOR'S QUALFICATION STATEMENT• 1906 EDITION•AIA• • 19ft, THE AMERICAN INSTITUTE OF ARCHITECTS. 1-35 NE% YOVK AVENUE.N.W.t'.kSHINGTON.D.C.3(KNR, A305-1986 5 0*0� L &S MEMBERS OF AMERICAN INSTITUTE OF TEXAS LARKIN AND SCOTT PC TEXAS SOCIETY OF CPA'S CERTIFIED PUBLIC ACCOUNTANTS J. DENNIS LARKIN.CPA L.CAMPBELL SCOTT. CPA American Environmental Specialties, Inc. 2219 Webb Lynn Road Arlington, Texas 76002 We have compiled the accompanying statement of assets, liabilities and equity-income tax basis of American Environmental Specialties, Inc. as of August 31, 2000, and the related statement of revenues and expenses-income tax basis for the one month and eight month periods then ended in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The financial statements have been prepared on the accounting basis used by the Company for Federal income tax purposes, which is a comprehensive basis of accounting other than generally accepted accounting principles. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures ordinarily included in financial statements prepared on the income tax basis of accounting. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Company' s statement of assets, liabilities, equity, revenue and expenses. Accordingly, these financial statements are not- designed for those who are not informed about such matters. The income tax basis of accounting requires that interim statements include a provision for income taxes. The accompanying statements do not reflect the Company's federal income tax provision. The effect of this departure from the income tax basis of accounting on the accompanying statements has not been determined. Larkin and Scott September 12, 2000 7515 GREENVILLE AVENUE. SUITE 508. LB 543 - DALLAS.TX 75231-3883 (214) 696-0100 - FAX (214) 987-4737 - (214) 691-1600 SENT BY: LNS; 214 987 4737; OCT-11 .00 12:30; PACE 2 AMERICAN ENVIRONMENTAL SPECIALTIES, INC. Page 1 STATEMENT OF ASSETS, LIABILITIES-INCOME TAX BASIS AUGUST 31, 2000 ASSETS CURRENT ASSETS CASH IN BANK $ 321,018.37 ACCOUNTS RECEIVABLE 260,948.78 PAYROLL ADVANCES -671 .09 STOCKHOLDER RECEIVABLE 75, 923.47 WORK IN PROGRESS 21,715.64 TOTAL CURRENT ASSETS $ 678, 935.17 FIXED ASSETS EQUIPMENT 1, 700.00 AUTOMOTIVE EQUIPMENT 137, 041 .40 FURNITURE AND FIXTURES 27, 757.33 HEAVY EQUIPMENT 416,990.62 ACCUMULATED DEPRECIATION -305,649.00 TOTAL FIXED ASSETS $ 277, 840.35 OTHER ASSETS OTHER ASSETS 750.00 DEPOSITS 7, 107.00 TOTAL OTHER ASSETS $ 7,857.00 TOTAL ASSETS , SEE ACCOUNTANTS' COMPILATION REPORT AMERICAN ENVIRONMENTAL SPECIALTIES, INC. Page 2 STATEMENT OF ASSETS, LIABILITIES-INCOME TAX BASIS AUGUST 31, 2000 LIABILITIES AND EQUITY LIABILITIES CURRENT LIABILITIES SALES 'PAX PAYABLE $ 129.28 CORPORATE TAX DEPOSIT -8, 000.00 TOTAL CURRENT LIABILITIES -7, 870.72 LONG-'TERM LIABILITIES NOTE PAYABLE-LINE OF CREDIT -20,000 .00 TOTAL LONG-TERM LIABILITIES -20, 000.00 TOTAL LIABILITIES STOCKHOLDER'S EQUITY PREFERRED STOCK 322, 190. 00 COMMON STOCK 50, 000.00 PAID IN CAPITAL 26, 550.00 RETAINED EARNINGS 286, 317.68 TREASURY STOCK -276,090.00 NET PROFIT (LOSS) 583,535.56 'DOTAL STOCKHOLDER'S EQUITY $ 992, 503.29 TOTAL LIABILITIES AND EQUITY a.aa�stss=== sass SEE ACCOUNTANTS' COMPILATION REPORT 6. SIGNATURE 6.1 D2ted 2t 10:00 a.m. this 25th day of October Xc 2000 Name of Or - zation: Americ Environmental Specialties, Inc. By: t/�/ Cary Wilson, President Title: 6.2 Mr. Cary Wilson being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this 25th day of October lit 2000 Notary Pubtic: Angelica Petruzzelli My Commission Expires: 2/28/04 Z 'N ANGELICA PEMUaEW MY COMMISSION EXPIRES F&uq 28,2004 AIA DOCUMENT A305•COhTkACTOR'S QUALIFICATION STATEXEtiT• 1996 EDITION•AIA* •01966 THE AMERICA_%L%STITLTE OF.ARCHITECTS. 1735 NEW YORK A%-ViUE,NW-WASiCNGTON,D.C.20006 A305-1986 6 —•^ ••_••---- _•- _—........a..,--11 a PfW%ffinM kaws and is subieet to kcal olosecution. Oct 24 00 12: 28p nmerican Environmental 817-417-4589 p . 2 T 8 E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S 4 AIA Documenl A305 Contractor's Qualification Statement 1986 EDITION This form is approved and recommended by 7be American Institute of Architects (AIA)and The Associated Genera/Contractors of America(AGC)for use in ervluat- ing the qualifications of contractors. No endorsement of the submilting party or evrificalion of the information is made by The AIA or AGC The Undersigned certifies under oath that the information provided herein is true and suffi- ciently complete so as not to be misleading. SUBMITTED TO: ADDRESS: SUBMITTED BY: Resource Environmental Consulting Corporation ALX NAME: Dyana M. Lee Partnership ❑ ADDRESS P. O. Box 801462 Dallas, Texas 75380 Individual ❑ PRINCIPAL OFFICE: Dallas, Dallas County, Texas Joint Venture D Other O NAME OF PROJECT (ii applicable): TYPE OF WORK(tile sepuste form for each Classification of Work): General Construction HVAC Plumbing Electrical X Other Environmental roncnil ting & Testing (please Specify) Com ipht 1961, 1969. 1474,©1966 by The American Instittite of Architecu.1"'35 Vea•York Ave tr.N.V.,TaStWig- ton.DC.20006.Rrproduction of the materia!herein orsubtimmdl quotation of raprovLslorts wiUwm writicn pamssion of the AIA viotmes the copyright taws of the l meed Sums and will be subioea to tepl prosccvtion. AIA DOC1MfOfr^306:COMM,%CTOR'S QUALIFICATION STATE.ML%T 6 19"EDITION•AIA• • t 19N6 THE AMERICA:INSTIT-Ti OFAiCHITECTS,1'35 NEW YORK 4t'EN11 NW.,%Ast1.1\6T0ti,DC %otpk AM-1986 I Oct 24 00 12: 29p American Environmental 817-417 -4569 p. 3 1. ORGANIZATION 1.1 How many yeas has your organization txcn in hmsiness As a Contractor? 1 year, 9 months I.: llow many %errs has your orpniration Ixcn in husiness under its prearnt busincm name P 1 year, 9 months 1.2.1 Under what other or filmier casks Ne;your organizmiun operated? None p 1.3 if your organization is a corporation,answer the following: 1.3.1 Date of incorporation: 1/13/9 9 I.3.2 State of incorporation:Texas 1.3.3 Presldenl*s name: Dyana M. Lee 1.3.4 Vice-president's name(s): Dyana M. L e e F 1.3.5 Secretary's name: Linda F. Wallace 1.3.6 Treasurer's name: Dyana M. Lee 1.4 if your organization is a partnership, answer the following: N/A 1 A.1 Date of organization- 1.42 rganization•1.4 2 Type of partnership(if applicable): 1.-1.3 Name(s)of general partner(s): r Li If your org<ani7ation is individually canned. am%h-cr the following: N/A I_5.1 Date of orpnization: 1.5.2 Name of owner: AIA DOCUMENT A309•CO\TRALTOR'li QUALIFICATION tiTATVIENI•i9+Y:EVITION•Alit •i 14ft THE AMERICAS IN"TITI TE OF ARCHITECTS.I- NEW YOR►:AVENUE.7%VC..Wi+HINGTQ.N.D.c.2tik A305-1986 2 Oct 24 00 12: 29p nmerican Environmental 817-417-4589 p. 4 1.6 If the form of your organization is other than ttx)%c lisud above.dcscrihr It and narnc the prirnilwis: N/A 2. LICENSING 2.1 List iurisdictiorts and trade categories in which your orgutization is legally qualified to do business, and indicate registration or license numbers, if applicable. Texas Department of Health (TDH) licensed Asbestos Consultant Agency (#10-0271 ) TDH licensed Asbestos Laboratory (#30-0254 ) 2.2 Inst jurisdictions in which your organiz'ation's pannership or trade name is filed. Dallas, Dallas County, Texas 3. EXPERIENCE 3.1 List the categories of work that your organization normally perfortms with its own fomes. Asbestos Surveys, Asbestos Air Monitoring, Asbestos Specification Writing & Project Management 3.2 Claims and Suits.(If the answer to any of the questions below is yes, please attach details,) 3.2.1 Has your organization ever failed to complete any work awarded to it? No 3.2.2 Are there any judgments,claims,arbitration proceedings or suits pentfing or outstanding against your organization or its officers? 3.2.3 MR -our organization filed any law suits or requested arbitration with regard to construc- tion contracts within the last Ave stars? No 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or Principal of another organization when it failed to complete a construction contract?(if the answer is yes, please attach details.) No ArA DOCUMENT ASW•CCJ\TRAc-roR•qr AUFirATioN STATF.MFNT• IW)FI?ITION•AIA& Cees 19116 THE AMERICA,1ti5TM-rz,!r.SRCJ1tTLlTJ.1't1 NEW To"AVENUE.N.`R.M'A?MINGTON.D C IMM16 A305-1986 3 Oct 24 00 12: 30p American Environmental 617-417 4509 p• 5 3..t On a separate sheet, list major conuruction prolrcts your organiriaon his in progress,giving the name of project, owner, architect, colrnract amount. percent CQrtlpkte and `4t -dulyd completien ti's`' See attached. 3.4 1 State total worth of work in progress and under contras: See attached- 3.S ttached•3.5 On a separate sheet, list the major projects your organization has compicrcd in the past five years, giving the name of project,owrx r.architect,contract amuunt,date of completk)n and percentage of the cost of the work performed with your own forces. See attached. 3.5.1 Statc average annual amount of construction work performed during the past five years: See attached. 3.6 Ona separate sheet, list the construction experience and present commitments of the key individ- uals of your organization. See attached. 4. REFERENCES 4.1 Trade References- SLA Environmental Services, Ltd. 12300 Ford Road, Suite 135 Dallas, Texas 75234 (972 ) 488-9290 Michael S. Sewell Steve Moody Micro Services, Inc. 1510 Randolph, Suite 602 Carrollton, Texas 75006 (972 ) 446-9482 Steve Moody Certes Environmental Laboratories, LLC 2209 Wisconsin Street, Suite 200 Dallas, Texas 75229 (972) 620-7966 Pam Fredde 4.2 Sank. References: Chase Bank , 925 West Main Street, Lewisville, Texas 75067 4.3 surety: 4.3.1 ;Mame of bonding company: N/A 4.3.2 Name and address of agent. N/A AR DOCUME ?A306•C(!%TRACTOR'S QLALIFICATIM STATEME:<T•IWj EDITION•MAI • s•19M, THE A.\ILRIt.A♦INNTM TE OFAVAMITECTS 1'34 NEILVURK VMT.i Y.1r'ASHISGTON.D.C._cKRn A305-1986 4 Oct 24 00 12: 31p fimericen Environmental 017-417-4509 p. 6 5. FINANCING 5.1 Financial Statement. 5.1.1 Attach a financial statement, preferably audited, including your organizations latero balance sheet and income statement showing the following items: See attached. Current Assets (e.g., cash. pint venture accounet. accounts recersable, ru)ttw receivable, accnwd income, deposits, materials inventory and prepaid expenses): Net Fixed Asccrs; Other Assets; Current Liabilities(e.g.,accounts payable,nota p2�,&C,accnied expenses,pro- vision for income taxes,advances, accrued salaries and accrued payroll taxes); a Other Liabilities (e.g., capital, capital stock, autht)rimd and outstanding shares par values,earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financiai statement, and date thereof: Angela Frazier, CPA Date of Statement : 12/31/99 3100 Carlisle Street, Suite 108 Dallas, Texas 75204 5.1.3 Is the atuchcd rumxial statement for the identical orgntiwion rmned on Vagc uitc? Yes 5.1.4 If not, CXplain the reiatlonship and financial responsibility of the organization whose financial statement is provided(e_g_,parent-subsidiare). N/A 5.2 Will the organization whose ramcial statement is attached act as guarz uor of the contract for con- struction? Yes Au DOWNEw Aaoi•cos-rxAcroirs Qt WFlcAno.st+TEMEN7.1:w6 MIMS• !As Nw A305.1986 3 THF.AVIr_t\ FR . INSTITM OF ARCHITECTS. 1'$5 NIM CORK AIL-F-VUE.V.W.tAlHL%GTON.D.C.21-1-- Oct 24 00 12: 32p American Environmental 017-417-4589 p.7 •. SK3N TORE 6.1 Dated at this 25th CLY U( October, 2000 NamcofOrpni=ion: Resource Environmental Consulting, Inc. BY: Dyana M. Lee Titk- President 6.2 Ms. Dyana M. Lee being duly sworn deposes and says that the information provided ha°ein is true 2nd sufficiently complete so zs not to be misleading. Subscribed and sworn before me this 25th day of October, 2000 Notary Public: Angelica Petruzzelli My Commission E4;ires: ttY'r ANGELICA PETRUZZEW '= MY COMMISSION EXPIRES Fdmq 28,2004 AIA DOCSAEJfr A30•C{NNTiLkcrows QUAt1F)CATION STATMENr•1986 EDMON•A1A# •1D 158(1 7HE AMt:AKWN r%ST1TLTE OF AACHITW13.1735%AM'YORK AVVc Cg.N.W.WASWiGTON.O.C.20006 A306-lti8�8 S AIA Document A305 Contractor's Qualification Statement 3.4 Project Owner Architect Contract$ % Complete Completion Date Dallas City of Dallas HKS, Inc. $474,844.00 60% 12/31/00 " Convention Center Lancaster- City of Dallas Stone-Lowrey $58,986.00 5% 1/31/01 Kiest Library Architects Love Field City of Dallas N/A $18,000.00 25% 12/1/00 - Airport Total of work in progress and under contract: $573,216.10 3.5 Project Owner Architect Contract$ % Completion %By Own Complete Date Forces Dallas City of Dallas HKS,Inc. $474,844.00 60% 12/31/00 40% ■ Convention Center- Expansion/ Renovation Dallas City of Dallas HKS, Inc. $65,000.00 100% 1/31/00 100% Convention Center- Arena • T&P Fort Worth Parsons- $10,000.00 100% 10/31/99 100% Building Transportation Brinkerhoff Authority Lancaster- City of Dallas Stone- $58,986.00 5% 1/31/01 90% Kiest Lowrey Library Architects Love Field City of Dallas N/A $18,000.00 25% I2/1/00 100% Airport- Stormwater Axtell& Fort Worth Parsons- $14,000.00 100% 5/31/00 100% Alarm Transportation Brinkerhoff Supply Authority Buildings 3.5 Continued Average amount of construction work performed during last five years: $464,000.00 3.6 See resumes attached. Dyana M. Lee President EDUCATION B.S.,Industrial Engineering-University of Texas at Arlington, 1992 EXPERIENCE Years Experience: 13 AREAS OF SPECIALIZATION • Asbestos Management Services • Lead Testing Services • Phase I Environmental Site Assessments • Indoor Air Quality Studies • OSHA Safety Reviews • Regulatory Compliance Audits • Storm Water/Wastewater Studies • Property Condition Surveys • Industrial Hygiene CERTIFICATIONS/ACCREDITATIONS Licensed Individual Asbestos Consultant, State of Texas(#10-5341) NIOSH 582 Training Course: Sampling and Evaluation of Airborne Asbestos Dust Asbestos Project Designer Training Asbestos Contractor/Supervisor Training Asbestos Management Planner Training Asbestos Inspector Training Asbestos Air Monitor Technician Training Phase I Environmental Site Assessment Training OSHA 40 Hour Hazardous Waste Operations Training SUMMARY OF PROJECT EXPERIENCE Ms. Lee has over 13 years of experience in the fields of industrial hygiene, asbestos management and environmental site assessments. Ms.Lee is licensed by the Texas Department of Health as an Individual Asbestos Consultant with project management expertise in asbestos surveys, writing management plans, designing abatement specifications, conducting air monitoring,analyzing airborne samples using PCM,and selecting and overseeing the abatement contractor. Other industrial hygiene management expertise includes lead-in-paint inspections and air monitoring,environmental compliance audits,OSHA personnel monitoring,and indoor air quality studies. Resource Environmental Consulting, Inc. James D. Hedley Project Manager EXPERIENCE Years Experience: 16 AREAS OF SPECIALIZATION • Environmental Site Assessments • Soil and Groundwater Assessment/Remediation • Environmental Compliance Audits • Groundwater Hydrology • Comprehensive Asbestos Surveys • Risk-Based Assessments EDUCATION B.S. Watershed Management Colorado State University, 1977 PROFESSIONAL AFFILIATIONS Member,National Ground Water Association(NGWA) PROFESSIONAL REGISTRATIONS 1994,UST Consultant, Oklahoma Corporation Commission No. 0085 SUMMARY OF EXPERIENCE _ Mr.Hedley has field and management experience in environmental site assessments, soil and groundwater contamination assessment, remedial design and implementation, asbestos management services, technical report preparation, regulatory permitting, and groundwater/surface water hydrology. Mr. Hedley is responsible for coordinating the field activities and technical report preparation for environmental assessment and remediation projects. Mr.Hedley has managed several multi-site environmental assessments for real estate due diligence or facility renovations. Mr. Hedley, on behalf of lenders, has also reviewed technical reports prepared by other consulting firms. Mr.Hedley's responsibilities also include client marketing, proposal preparation, administrative duties and technical quality assurance/quality control. Resource Environmental Consulting, Inc. Romney V. Carey Environmental Technician EXPERIENCE Years Experience: 4 AREAS OF SPECIALIZATION •Environmental Screening Inspections • Emergency Response Operation • Soil and Groundwater Monitoring • Comprehensive Asbestos Surveys • Asbestos Air Monitoring EDUCATION B.S.Environmental Science in Progress PROFESSIONAL EXPERIENCE As an Environmental Technician for REC, Mr.Carey has experience in sampling of soil and groundwater and assisting with drilling of soil borings and monitoring well installation. His experience is primarily related to petroleum storage tank facilities. Mr. Carey's project work associated with these areas of discipline includes supervision and scheduling of contractors. Mr. Carey has also conducted over 20 Environmental Screening Inspections in the Dallas/Fort Worth area while with REC. Previous experience with the Air Force included,but was not limited to,the following: • Responding to emergency hazardous chemical spills and leaks; • Collecting and performing required laboratory analysis on potable water systems in the field; • Operating and maintaining water and wastewater pumping systems; • Reading and interpreting blueprints, drawings,plans and building specifications; • Installing, maintaining and repairing plumbing fixtures, water pumps, sump pumps, backflow preventors, lawn sprinkler systems,fire hydrants, and fire protection systems; • Maintaining and making necessary repairs to pool and chemical feed systems to both volumetric and solution chemical feeders; and, • Installing,testing,troubleshooting,and repairing pipe systems carrying hot and cold water, air, sewage,natural gas and industrial waste. SPECIALIZED TRAINING AND CERTIFICATION OSHA 40 hour HAZMAT Training Certificate Texas Licensed Asbestos Inspector Texas Licensed Asbestos Air Monitoring Technician NIOSH 582 Sampling and Evaluating Airborne Asbestos Backflow Inspection, Testing and Repairing Technician Course Natural Gas and Fire Suppression System Courses Confined Space Entry Resource Environmental Consulting, Inc. ANGELA I FRAZIER P.C. - CERTIFIED PUBLIC ACCOUNTANT t Resource Environmental. Consulting, Inc. Statement of Assets, Liabilities & Equity - Modified Cash Basis Statement of Revenues & Expenses - Modified Cash Basis For the six months and year ended December 31, '1999 ANGELA Y. FRAZIER P.C. CERTIFIED PUBLIC AC-COUNTANT s Dyana M. Lee. Resource Environmental Consulting, Inc. P.O. Box 801462 Dallas, TX 75380 f To Whom It May Concern: We have compiled the accompanying Statement of Assets, Liabilities&Equity - Modified Cash Basis of Resource Environmental Consulting, Inc. as of December 31, 1999, and the related Statement of Revenues & Expenses - Modified Cash Basis for the six months and year then ended in accordance with Statements on Standaids for Accounting and Review Services issued by the American Institute of Certified Public Accountants. These financial statements have been prepared on the modified cash basis of accounting which is a comprehensive basis of accounting other than generally accepted accounting principles. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures ordinarily included in financial statements prepared on the modified cash basis of accounting. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the company's assets, liabilities, equity, revenues and expenses. Accordingly, these financial statements are not designed for those who are not informed about such matters. Angela Y. Frazier, P.C. March 9, 2000 Phone 214.871.2131 Fax 214.954.0043 3100 Carlisle Street,Suite 108 Dallas,Texas 75204 e-mail ToMyCPA®aol.com Resource Environmental Consulting, Inc. Statement of Assets, Liabilities & Equity-Mod Cash Basis As of December 31, 1999 Dec 31,'99 ASSETS Current Assets Checking/Savings Chase Bank 2,739.49 Total Checking/Savings 2,739.49 Other Current Assets Rec-Texas Workforce Comm. 27.00 Total Other Current Assets 27.00 Total Current Assets 2,766.49 Fixed Assets Accumulated Depreciation -9,233.58 Equipment 6,562.31 Furniture&Fixtures 2,671.27 Total Fixed Assets 0.00 Other Assets Accumulated Amortization -240.00 Loan to Shareholder-D.Lee 11,915.01 Loan to Shareholder-J.Stearn 3,260.18 Organizational Costs 1,200.00 Total Other Assets 16,135.19 TOTAL ASSETS 18,901.68 LIABILITIES&EQUITY Liabilities Current Liabilities Other Current Liabilities Payroll Liabilities 9,781.11 Total Other Current Liabilities 9,781.11 Total Current Liabilities 9,781.11 Total Liabilities 9,781.11 Equity Capital Stock 1,000.00 Net Income 8,120.57 Total Equity 9,120.57 TOTAL LIABILITIES&EQUITY 18,901.68 WITHOUT AUDIT-SEE ACCOUNTANT'S COMPILATION REPORT Resource Environmental Consulting, Inc. Statement of Revenues & Expenses - Mod Cash Basis For the Six Months&Year Ended December 31, 1999 Jul-Dec'99 Jan-Dec'99 Ordinary Income/Expense Income Consulting Income 82,126.63 138,654.68 Reimbursed Expenses 408.42 408.42 Total Income 82,535.05 139,063.10 Expense Amortization 120.00 240.00 Automobile Expense 2,199.55 3,742.79 Bank Service Charges 267.63 327.63 Client Chargeable Expenses 1,296.32 3,261.32 Computer Software 0.00 32.45 Depreciation Expense 1,307.34 9,233.58 Dues and Subscriptions 0.00 390.00 Equipment Rental 0.00 790.66 Gifts 457.08 457.08 Insurance Health Insurance 2,020.00 2,532.24 Liability Insurance 957.54 957.54 Professional Insurance 1,739.16 4,298.96 Work Comp 1,855.20 3,593.61 Total Insurance 6,571.90 11,382.35 Interest Expense Finance Charge 90.60 90.60 Total Interest Expense 90.60 90.60 Late Fees 54.00 54.00 Licenses and Permits 760.00 1,692.00 Medical 119.53 126.75 Miscellaneous 0.00 71.00 Office Supplies 1,327.33 4,620.17 Outside Services 5,540.47 6,863.47 Overiimit Fee 58.00 58.00 Payroll Expenses Officer Salary 45,000.00 62,500.00 Payroll Expenses-Other 0.00 0.00 Total Payroll Expenses 45,000.00 62,500.00 Photo Developing 12.98 12.98 Postage and Delivery 262.08 490.61 Printing and Reproduction 101.15 101.15 Professional Fees Accounting 650.00 875.00 Legal Fees 0.00 273.66 Professional Fees-Other 0.00 0.00 Total Professional Fees 650.00 1,148.66 Reference Materials 149.95 149.95 Rent 1,075.00 2,189.78 Repairs 0.00 502.23 Seminars&Education 325.00 1,600.29 Storage 921.78 921.78 Supplies 271.68 271.68 Suspense 0.00 0.00 Taxes Federal 3,442.44 4,893.19 Property 100.00 100.00 State 40.50 486.00 Total Taxes 3,582.94 5,479.19 Telephone&Pagers 6,024.60 8,044.87 Travel&Ent Meals 1,025.78 1,597.30 Travel 1,349.58 2,498.21 Total Travel&Ent 2,375.36 4,095.51 WITHOUT AUDIT-SEE ACCOUNTANT'S COMPILATION REPORT Resource Environmental Consulting, Inc. Statement of Revenues & Expenses - Mod Cash Basis For the Six Months &Year Ended December 31, 1999 Jul-Dec'99 Jan-Dec'99 Uncategorized Expenses 0.00 0.00 Total Expense 80,922.27 130,942.53 Net Ordinary Income 1,812.78 8,120.57 Other Income/Expense Other Expense Other Expenses 0.00 0.00 Total Other Expense 0.00 0.00 Net Other Income 0.00 0.00 Net Income 1,612.78 8,120.57 WITHOUT AUDIT-SEE ACCOUNTANT'S COMPILATION REPORT KEY PERSONNEL Cary Wilson -- President Mr. Wilson, a Native American, formed AESI in 1989 to perform asbestos abatement and other environmental services. For a period of eight years in Tulsa, Oklahoma,previous to forming AESI, Mr. Wilson was a co-owner and manager of field operations of Thermal Specialties, Inc., which served the needs of the refractory and petrochemical industries. Mr. Wilson's extensive background in hands on management in the petro chemical industry and his ability to effectively trouble shoot potential problem areas has made AESI grow to a multi-million dollar company in just a short period of time. Mr. Wilson also holds several patents on mechanical processes and equipment relating to the environmental and petroleum fields. His duties include overall corporate operations and estimating. Mr. Wilson will devote 50% of his time to this project. Jerrold Andrews -- Vice President Mr. Andrews joined AESI in September 1993. His ten year background in business management and hands-on experience in the environmental field as a certified worker and supervisor has been proven to be a major asset to AESI. He maintains a thorough understanding of the laws regarding the industry. His duties include estimating, compliance and field management and its day to day operations. Mr. Andrews will devote 50% of his time to this project. American Environmental Specialties, Inc. 2219 Webb-Lynn Road, Arlington, Texas 76002 Phone (817) 417-4591 Fax (817) 417-4589 Supervisor's Resumes Arnoldo Contreras Arnoldo became an asbestos worker in 1986 and became an asbestos supervisor in 1990. He has worked many jobs for American Environmental including College Inn for the University of North Texas. This job was approximately 33,520 square feet of acoustical ceiling texture and 3,000 square feet of floor tile and mastic which he completed in one month. Another job was for the City of Branson at the Former Frontier Inn. This job was approximately 30,000 square feet of ceiling texture which was completed in approximately 3 weeks. His most current project completed was for the City of Dallas at the Dallas Convention Center. This job was approximately 70,000 square feet of ceiling texture. Other jobs which he completed for previous employers include the Federal Correctional Institute in Big Springs,Texas and in Seagoville, Texas. These jobs included 400,000 square feet of floor tile and mastic and 60,000 linear feet of thermal insulation. Arnoldo has been with American Environmental since October of 1997 and is currently our head supervisor. His percentage of work is 75%. Arnoldo,our Respiratory Air Supply System operator, has experience with 3M and North half face respirators and Typhoon, Survive Air, MSA and 3M PAPR respirators. Hildiberto Lopez Hildiberto became an asbestos worker in 1993 and became an asbestos supervisor in 1999. He has worked many jobs for American Environmental as the head foreman under Arnoldo Contreras including the aforementioned College Inn for the University of North Texas. Other projects which he completed for our company include West Hall Cafeteria for the University of North Texas, Western Hills Inn for the City of Euless, and Legendary Lane apartment complex for the City of Dallas. These jobs included 33,520 square feet of acoustical ceiling texture and 3,000 square feet of floor tile and mastic, 4,500 square feet of ceiling texture, 2,975 linear feet of pipe insulation and 26,500 square feet of boiler tank insulation and ceiling texture. Hildiberto has been with American Environmental since May of 1998. His percentage of work is 25%. American Environmental Specialties, Inc. 2219 Webb Lynn Road, Arlington, Texas 76002 Phone (817) 417-4591 Fax (817) 417-4589 Previous Experience City of Fort Worth Projects: University Drive Bridge Removal of lead paint Contact Person: Travis Moncrief- 817-871-8306 Roseland Theatre Removal of asbestos-containing 1x1 ceiling tile, cement floor planking, wall surface texture, floor tile and mastic Contact Person: Michael Gange - 817-871-8592 Guinn School Business Center—Subcontractor for R.J. Miller Associates Removal of lead based paint windows and lockers Contact Person: Mark Morgan - 817-377-0971 1509 Lancaster Avenue Removal of asbestos-containing ceiling tile and sheetrock joint compound Contact Person: Michael Gange- 817-871-8592 Additional Projects: City of Dallas Annual Asbestos Abatement Contract(6 years) Removal of asbestos-containing acoustical ceiling texture, fireproofing, thermal insulation, floor tile and mastic, plaster ceilings, contaminated soil,roofing materials Contact Persons: Tim Forter—214-670-5392 Tom Wurtz—214-948-4551 Kenn Hornbeck—214-948-4554 University of North Texas Annual Contract(5 years) Removal of asbestos-containing acoustical ceiling texture, fireproofing, thermal insulation, floor tile and mastic, plaster ceilings, lead based paint, contaminated soil Contact Person: John Flippen - 940-565-4837 Dallas Area Rapid Transit Annual Contract (4 years) Removal of asbestos-containing acoustical ceiling texture, fireproofing, thermal insulation, floor tile and mastic,plaster ceilings, roofing materials Contact Person: KC Moore—214-749-2872 Love Field Main Trunk Removal of asbestos-containing ceiling texture, fireproofing, thermal insulation, floor tile and mastic Contact Person: Jerry Pollard - 214-670-6151 OIL- 0 0 � U � L_ O CL Z o O E N J Q k 0 N O, N CL 0 LP a` W a� m I UL_ co W yM W C 3 M = ca LO co o0 W Co 0 U-) Ix O 'C a g c �' C%4 W O •o ,2 m a w j c° Q � N CO CO ui E � 00 C) � � o� � z N d O w T O W R I E C —�! 8 N t� Cy U 02. Subcontractors shall be covered under the Provider's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Provider prior to the commencement of work and the Provider shall deliver such to the City. "3. Prior to commencing work under the contract, the Provider shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. "4. Each insurance policy required by this contract shall contain the following clause or reasonably equivalent terms: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Director of Environmental Management. City of Fort Worth, 1000Throckmorton, Fort Worth, TX 76102-6311." "5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Director of Risk Management for the City of Fort Worth. "6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved." 2-12 01/26/1996 00:40 4092911217 WYATT AGENCY PAGE 01 DATE IYI �•� 1023/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE WYATT AGENCY HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 130011TH STREET ALTLR ThE 9OVIERAGE AFFORDED BY THE POLICIF.S 19LQW. SURE 305-ECOMPANIES AFFORDING COVERAGE HUNtSVILLE,TX 77340 MANY A STEADFAST INSURANCE COMPANY INSURED AMERICAN ENVIRONMENTAL SPECIALTIES,INC. COMPANY GAINSCO COUNTY MUTUAL INS.CO. 2219 WEBS-LYNN ROAD I B ARLINGTON,TX 76002 C0M"'"NY � CREDIT GENERAL INDEMNITY COMPANY f COMPANY 11 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR TM POLICY PERIOD INDICATED,NOTWTTHSTANDM ANY RC RENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED 8 Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TME TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAgVE BEEN REDUCED BY PAID CLAMS. —r CO �r�OF INSURANCE POLICY MJNTBER ID POLICY EFFECTIVE PODGY EXPIRATWYA LIMAS LTR DATE(M*DDIYY) GATE IMMGWY) GENEPAL LIABILETYGENERAL A02'RREGAIE is Z 000 000 •AAO 297-2961-00 I 7!3100 7/3!01 ,�.. A i X COVVERCIAL GENERAL VABUTY POP AGO f 2,000,000 CLAIM6 MADE ',_X�orcuR INCLUDES POLLUTION I PERSONAL•ADW IN"Y s 2.000,000 OWNER'S 6 CONTRACTOR'S PpoT LIABILITY DURING EACWOMURRENCE f 2 000 040 X ASBESTOS&EAD TRANSPORTATION i ARISEDAMAGE(Anyon9N a) s 50,000 ABATEMENT I III EXP(Anyonapolcon) s 5,000 ILITY AUTOMOBILE LIABGBA116637 1122199 1122(00 COMos1EDSINGLE LIMIT s 1,000,000 B ANY AUTO ALL OWNED AUTOS GODLY INJURY X SCHEDULED AUTOS X HIRED AUTOS i GODLY IN : X NON-OWNED AUTOS I I f I PROPERTY DAMAGE: f 6ARILIABILITY ALrtOOHIY-FpItlCCX)EW i ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDEM f AGGREGATE .f EXCESS LIABILITY EACH OCCURRENCE f UMBRELLA FORM AGGREGATE f 71 OTHER THAN UMBRELLA FORM f w01axERSWMPENSATgNAND TWC 709-083-02 1/1/00 1/1101 X TOAvuM1TS °i` C FWLorafs'LABILITY ( ra Era+AccsDENr c 1 000 000 TME FADFAIEToar F--I wcL ( ` a DIsEABE-POLICY LOOT s 1.000.000 FMRNEptsomcv"vE grfCQi MCx B)CCl EL DISIeA9E•EA EMPLOYEE S 1,000,000 OTHER ( I f f i f DOZRIPTiM OF OPERA O ERIC PEG M FOR INFORMATION ONLY-CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PROJECTDEM01-01 ASBO&M REMOVAL,PACKAGING,TRANSPORTATION AND DISPOSAL OF ASBESTOS-CONTAINING MATERIALS FROM CITY OWNED FACILITIES. a1W%"V0@ MMIRIM 111"p.11 1: 142 wimp 11111 RINI: -tj= eL SHOULD ANY OF THC ABOVE OMCRIBED POLICIES BE CNXIELLED BMRE THE CITY OF FORT WORTH EXPIRATION DATE 7HERE0F, THE ISSUING COMPANY WILL ENWAWOR TO MALL DEPT.OF ENVIRONMENTAL MANAGEMENT 30 DAY$Will NDTICF TO THE CERTIFICATE MMMR NArr.G TO THE LEFT, 1000 THROCKMORTON,LOWER LEVEL-S.W. 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