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HomeMy WebLinkAboutContract 29782 I•Y SECRETARY ,NT'RACT NO. CONTRACT BETWEEN CITY OF FORT WORTH AND NTERCON ENVIRONMENTAL, INC. PROJECT # DEM 04-05:MH11N FOR REMOVAL OF ASBESTOS CONTAINING MATERIALS AT MEACHAM INTERNATIONAL AIRPORT HANGAR 11 NORTH APRIL 2004 STATE OF TEXAS § CITY OF FORT WORTH COUNTY OF TARRANT § CONTRACT FOR REMOVAL OF ASBESTOS CONTAINING MATERIALS AT MEACHAM INTERNATIONAL AIRPORT HANGAR 11- NORTH 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 Charles Boswell, its duly authorized assistant city manager, and Intercon Environmental, Inc., a Texas corporation, acting through Karen Andrews its duly authorized president/tee dent ("Contractor"). WHEREAS, the City desires to conduct a project to remove and dispose of asbestos containing materials from hanger 11-North at Meacham International Airport, 201 Aviation Way, Fort Worth, Texas; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such asbestos removal, transportation, disposal; and WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such an asbestos removal, transportation and disposal project. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Asbestos shall mean the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one percent or more of any of those substances. Asbestos-Containing Material (ACM) shall mean materials or products that contain more than one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart E, Appendix A. This means any one material component of a structure. i •' Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away asbestos containing material (ACM). City's Representative means the Director of Environmental Management, or the Director's designee. Contract Documents shall mean this document, the Contractor's Response to the Request for Proposals for Project (DEM:04-05:MH11 N) attached as exhibit "A", Technical Specification attached as exhibit "B", and all ancillary documents. Contractor shall mean Intercon Environmental, Inc. Director shall mean the Director of the City of Fort Worth's Environmental Management Department. NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos material, (b) Category I non-friable ACM that has become friable, (c) Category I non- friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. Substantial Completion means the date when the removal is sufficiently completed in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy the project or specified area of the project for the use for which it was intended. Contract for Removal of Asbestos CRP 03.04.040 Page 2 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall furnish all labor, materials and equipment necessary for the removal, transportation and disposal of asbestos containing materials at Hangar 11-North at Meacham International Airport, 201 Aviation Way, Fort Worth, Texas. B. Contractor shall follow and abide by The Texas Asbestos Health Protection Act in the Texas Occupations Code, Chapter 1954. C. Contractor shall perform, in a good and professional manner, the services contained in this Contract. D. The scope of work includes the removal, transportation and disposal of the following asbestos-containing materials and asbestos contaminated materials in accordance with all Federal, State, and local rules and regulations: 1. Approximately 5,450 ft2 of wall surfacing texture throughout the upper level corridor and office areas of Hangar 11-North. All removed wall texture is to be disposed of as asbestos-containing material. All wall texture removal is to be completed within a full negative pressure containment, and all debris generated from the removal is to be disposed of as asbestos-containing waste. 2. Approximately 2,850 ft2 of spray-applied popcorn ceiling/surfacing texture throughout upper level corridor and office areas of Hangar 11-North. All removed spray-applied popcorn ceiling/surfacing texture is to be disposed of as asbestos-containing material. All spray-applied popcorn ceiling/surfacing texture removal is to be completed within a full negative pressure containment, and all debris generated from the removal is to be disposed of as asbestos-containing waste. 3. Approximately 11,850 ft2 of sand textured plaster located on the walls and ceilings throughout upper level corridor and office areas and located on the ceiling of the west portion of the lower level of Hangar 11-North. All removed plaster material is to be disposed of as asbestos-containing material. All plaster removal is to be completed within a full negative pressure containment, and all debris generated from the removal is to be disposed of as asbestos-containing waste. 4. Approximately 1,200 linear feet of gray window caulking located on the exterior perimeter of windows in the office area and the hangar area of Hanger 11-North. The gray window caulk is to be removed from the exterior perimeter of each window only, the individual panes are not to be removed. Contract for Removal of Asbestos CRP 03.04.04vl Page 3 All removed window caulk is to be disposed of as asbestos-containing material. All debris generated from the window caulk removal is to be disposed of as asbestos-containing waste. 5. Approximately 100 linear feet of transite pipe located in the upper level offices and in the hangar areas. E. Contractor shall work with City Representative to determine which materials may be cleansed and disposed of as non-asbestos contaminated material. Such items may include ceiling grid, ceiling titles, and light fixtures. F. Contractor shall take all precautions to protect and preserve the operational status of the hangers, including but not limited to existing telephone, electrical, fire sprinkler, plumbing, HVAC system and lighting. G. Contractor shall comply with all terms and specification as listed and descried in the Technical Specification attached as exhibit "B". H. Contractor agrees that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to perform the services contained in this Contract. In addition, Contractor agrees to require all of its subcontractors used to perform this Contract to have and maintain current and appropriate federal, state and local licenses and permits to perform the services in this Contract. I. Contractor certifies that it has and will maintain, during the term of this Agreement, the required insurance listed in Section 6 during the term of this Agreement. J. Contractor agrees that if, during the performance of this Contract, a change or modification is needed in the contract, Contractor shall notify City and comply with all requirements set forth in Section 24 "Modification." K. In performing the services required under this Contract, Contractor agrees to comply with all applicable federal, state and local laws, statutes, regulations, environmental requirements, ordinances, and the Building and Construction Codes of the City of Fort Worth. 3. SCOPE OF CITY SERVICES A. City shall coordinate with facilities, City departments, and any tenants for access to the site; Contract for Removal of Asbestos CRP 03.04.04vl Page 4 B. City shall give timely direction to the Contractor; and C. City shall render decisions regarding modifications to the contract and any other issue. 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor agrees to begin work within five (5) days of when the Notice to Proceed is _ issued to Contractor and to complete all phases of the work within twenty-one (21) days from the date of commencement. 5. COMPENSATION A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a sum not to exceed $36,425.00. The City shall not be liable for any of Contractor's costs in excess of the Not-to-Exceed Amount unless the City has signed and issued a formal Modification to the Contract. B. The unit prices for the removal and disposal of asbestos as well as the employee _ labor rates shall be as described in Section 2.5 of the Contractor's Proposal, attached herein. C. Contractor understands and agrees that claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed unless the Contractor can clearly show to City, as determined in the sole discretion of City, why the variation was not identifiable prior to executing this Contract. D. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, except as provided in Section 7 "Indemnification," subsection H. E. Contractor acknowledges that payment will not be rendered by City unless Contractor completes the removal of asbestos as described herein and the work is accepted by the Director. F. Periodically during the performance of this Contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the "not to exceed" price, Contractor shall prepare to cease its operations unless and until the contract is amended and an authorized representative of the City directs Contractor to perform additional work. Contract for Removal of Asbestos CRP 03.04.04vl Page 5 G. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement thereof shall be presented to the City. H. In the event that actual expenditures may result in a total cost in excess of the Not-to-Exceed Amount, Contractor must submit a Modification to the contract in accordance with Section 24. 6. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. WORKERS' COMPENSATION INSURANCE: Contractor shall maintain, during the term of this Contract, Workers' Compensation Insurance at statutory limits on all of its employees to be engaged in work under this Contract, and for all Subcontractors. Employer's Liability (EL) Insurance shall also be maintained, at minimum limits as follows: One Hundred Thousand Dollars ($100,000) disease each employee, Five Hundred Thousand Dollars ($500,000) disease policy limit and One Hundred Thousand Dollars ($100,000) each accident. B. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term of this Contract a Commercial General Liability Insurance Policy at a minimum limits of One Million Dollars ($1,000,000) per occurrence with an aggregate of Two Million Dollars ($2,000,000). C. PROFESSIONAL LIABILITY INSURANCE: Contractor shall procure and shall maintain during the term of this Contract Professional Liability Insurance at a minimum of One Million Dollars ($1,000,000) per occurrence. D. AUTOMOBILE INSURANCE: Contractor shall procure and maintain during the term of this Contract Comprehensive Automobile Liability Insurance covering all Vehicles involved with Contractor's operations under this Contract. The minimum limits of liability coverage shall be in the amount of One Million Dollars ($1,000,000) per accident combined single Contract for Removal of Asbestos CRP 03.04.04vl Page 6 limit, or Five Hundred Thousand Dollars ($500,000) bodily injury - per person per occurrence and Two Hundred Fifty Thousand Dollars ($250,000) property damage during the effective dates of Contract and any renewal period. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. E. The following shall pertain to all applicable policies of insurance (A. through D.) listed above: 1. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." Exception... the additional insured requirement does not apply to Workers' Compensation policies 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 3. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. 4. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. if the rating is below that required, written approval of Risk Management is required. 5. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Contract for Removal of Asbestos CRP 03.04.04v9 Page 7 Manager of the City of Fort Worth in regards to asset value and stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. 6. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 7. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. 8. If insurance policies are not written for specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 9. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 10. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. 11. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Contract for Removal of Asbestos CRP 03.04.04v1 Page 8 7. INDEMNIFICATION A. For purposes of this contract, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of asbestos containing materials pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with this Agreement. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, Contract for Removal of Asbestos CRP 03.04.04vl Page 9 bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AND AUSTIN COMMERICIAL, INC., 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 OFFICER/°S, AGENTS, OR �mEMPLOYES, 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 AND AUSTIN COMMERICIAL, INC., ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE�a VIOLATION OF ANY AND ALL ENVIRONMENTAL IRO�Ns MENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE Contract for Removal of Asbestos CRP 03.04.04vl Page 10 VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF/�CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR .. SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this section shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder to indemnify City, City shall provide Contractor with reasonably timely notice of same. F. The obligations of the Contractor under this section shall survive the expiration of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. I. 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. J. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1. If the claim concerned remains unsettled at the expiration of the said thirty- day period, out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: Contract for Removal of Asbestos CRP 03.04.04vl Page 11 a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six-month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six-month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. The Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising 8. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by removing, transporting and disposing of asbestos containing materials. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state, local and federal laws governing its activities. Contractor also warrants that it is under no restraint or order that would prohibit performance of services under this Contract. 9. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this Contract, and during the duration of the Contract, it shall have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this contract. B. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this contract. Contract for Removal of Asbestos CRP 03.04.04v1 Page 12 10. TERMINATION A. City may terminate this Contract, with or without cause, by giving ten (10) days written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this Contract under subsection A. of this section, City shall pay contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this Contract shall become the property of the City when the Contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. 11. A. Contractor shall not be deemed to be in default because of any failure to perform under this Agreement, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. Alternatively, if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract Documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. Contract for Removal of Asbestos CRP 03.04.04vl -- Page 13 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 Agreement upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15) day period, or if the default cannot be cured, the contract shall terminate as of the date provided in the notice of default. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. 12. RIGHT TO AUDIT A. City shall, until the expiration of five (5) years after final payment is paid under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions related to this Contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment is paid under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. C. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. 13. M NORIrV AND WOMEN BUSINESS ENTERPRISES In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance, Contractor agrees a minimum of thirteen percent (13%) of the total dollar value of this Contract will be paid as compensation to certified M/WBE firms. Monthly reporting is required to the Contract for Removal of Asbestos CRP 03.04.04vl Page 14 City of Fort Worth — MWWBE Office, 1000 Throckmorton Street, Fort Worth, Texas 76102. Proof of payment for all invoices from MWBE firms will be required. Final payment to the Contractor under this Contract may be withheld pending MWBE Office approval of documentation. 14. INDEPENDENT CONTRACTOR Contractor shall perform work under this Contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this contract, except as outlined in this contract or as otherwise required by federal, state, county or city law, regulation or rule. 15. NON-DISCRIMINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 16. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. Contract for Removal of Asbestos CRP 03.04.04vl Page 15 17. LIQUIDATED DAMAGE If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $ 1,000.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 18. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 19. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. 20. NOTICE Notices required to be made under this Contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: Contract for Removal of Asbestos CRP 03.04.04v1 Page 16 If to City: Written notice shall be sent to: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to Contractor: Name- Intercon Environmental, Inc. Address: 1301 E. Debbie Lane, Suite 102 Mansfield, Texas 76063 Telephone: 817-225-0020 FA}(: 817-225-0021 21. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. 22. SEVERABILITY Thy provisions of this Contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Contract, and this Contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Contract. 23. ENTIRETY This Contract, the Contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other Contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. Contract for Removal of Asbestos CRP 03.04.04v1 Page 17 24. MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in writing and signed by both parties. This Contract has been executed by the parties in triplicate in Tarrant County, Texas on this date, April 7 , 2004. City of Fort Worth rco .� Int n Environmental, Inc. Charles Boswell, Asst. City Manager BY: Karen Andrews, President APPROVED AS TO FORM WITNESS: (A\AA Assist nt City Attcftey Name: Anizelica Petruzzelli Title: Executive Vice President ATTEST: CORPORATE SEAL: ity Secretary Contract lAuthorization Date Contract for Removal of Asbestos CRP 03.04.04vl Page 18 ............. FkDM : II14TERCt7N FAX N2. :E172250021 FiPr. 07 2004 071.' 1 rHM r7 E i SU 100 6847 B PAYNTENT "O ND T14E STATE OF TEXAS COLN'iy op KNow ALL N MN pR_SEN'1'S: That M, 1 Rtercon BavironmelatAl,Inc., a.curpor dou of Texm, haraixiafter called Prin CrpKl and i � II�r�S� E CX TP ,iyY a carpvration organilcd aztd existing;WIder tlao Ian's ofthe sow'and fully arZthcttzq�j tv Iaans , the State of T.-xaq, as Surct aCt bU51BCd8 In ill(,' CitY Of FOrt Corpoiation organized and exL461�uad r aw taws of tai t Stare of'Texas her»aRc caned Owner,unin tpal pZ11al 4urn of; Thirt}-six thomiand four hundred twenty fkve($361425.00) y dollars in t&vvtul money of tfie Unit tj S�11'es, to be paid in fore Wot7h TartS.rtf. CU[IAty, T�`ta$, t'px d1e payment of whicla sum dell and truly he marde, we hereby bind ovrscjves, atir heim, eXB�utors, administratrsrs,and suave ssors.jointiY acrd scvcxally, £TmIY l7y tbvsa uresents. TFly CONDMON OF THIS O'BLIG'ATION is such that Wheroas, the Principal evdw-ed into a certain Contract with rho City afrort Worth,Cher Ovtnrr, dared the Il �a.,,day o:f .1004, a copy Of which is hereto atmehed mid Made a part herdc4.for the provision of; flit CC��ipLhTC111y ]d11VT, M2Ia-X A4, ULAO urtntunkk niur.and ar)-y otLec itarht,Z'01 CC5531'y ttii parfurnT to rnmo l o£a.9busWs- Qcmtain g mat*,ma6- front bangar IIN at Vroachwn intcrnatia'tusl AiTl3o1 20 w. Avintion Way, Fort Worch,''r' x s E dcsignaled as Ptujuct Number D-MV104-05c14 -111l�l, R copy o'f which ac�rnract is herrcto attached, rc�oried an.9 ut�ee{a a juut'lnzco£�a fully and to tl�e 3`0 oxt"t M5 if loopicR at 4msth ,heroin, crueb prvjvot and conkrThdYoll being ht'.rcircafter referred to as the"work" , - N0 v -ITTF �:-ORE, if the Principal sbzJl wog), truly and rhNifall crform Y p the wort; nm wcorda.uce with thC Plans, spaoiflication, azid carrtremct document duruig the original t4rM tuoreof and hauy y axtensigns thereof which rrraY be grmted by the dwrer, uritd7 or Without notice to the SU silt satisfy all claitms and derr=ds hictnred twd4l• gucli contract, aud. s.hal? fu1Ly iiidM 9 and save harmlea;3 the; C)wM flam all costs grid damages which it may suffer by reason of failum to do so, and eh6dl reimburac and.repay,•the oa»ex all outla5f and LIYTeuse which the QILxIner may incur in xuaki no gong[ any.&Aau t, then this obiigaticm shall be void;othanvise to remain in full (trcc and effbc't. PROVID$l?'E URTi�EI�i 1U[i,f any lcml aati,Chn ba fljq d upon LW-bvtul, vcnuu Nhi.ll j is ilk 7'W tru16 Counly, Suite of Tuh:as. AND PROVIDP,,)) RRrjjhF_R, chat the said Surety, for value n:coivcd, hereby sti.pulatas and agrees that:,ao elku� a, ex.tanston of three, ateeradon or addition to the terms of the,conu�sct or to the work ` to hA pc-,'Fst-med thnn-iwdcr or d,p SP"ifications lofin-mpanyina 'tbst sernj, hy.lf in any Wien affect it4 obligation ahh this bond,, d it dues hereby waive notice of any such rhange, extension of time aU-or or additiwi w the terms ofIlie^oaretYact Ur to tic work or-to the slseciiicatxons. i i 1 F RON : 11-ITERCON FAY. ISO. :B17225✓221 Apr. 07 2004 07:I7AM P2. ... ]r� WMNESS WHEREM7, thus i.mdrurrioni is acut'eti iu1 i Countcr�,,WIU Cacti Inc whioh sh211 be deemed an original, this the 7th _day of APRIL of �b04 Intercm FhvirauTental Tric h AT EST: Principal(4) (Frinc:iPal) Sucrt:caxy,Karen Andrews Karen Andrews, President (SEAL) Need Name/Title) _..,... 1301 E. Debbie Lane, Suite 102 ADDRFSS Mansfield, Texas 76063 CITYINTAT ZIP 3 Parkway, Ste 1500 (Address) -• All INSURANCE, CXlMP1�NY (Surety) Philadelphia, PA 19102 . A MS T; -- By: (SBA `j \ (Attorneyy-iu-Fact)(5) KELLY L. WALSH `_.. �astn (Frinte d.Axttuney-in-�`actj X nesSurety I Ole' Dart;of Bond inusl not hepdar to dat0��ontrs� 0) E:C7rr�.rl.,i,rns.of f'OrrIYCrCI+n� rte! ,1 Cbr7m.�gr7r1,1/Part ormf(Y ni 1)Ril rMlfYf�2il L as calm play Or (3i f:rNlv.ft�Vermdr�/',Sfersty (�1 IJ"CoMracrr)r•LrFwrrnerslup all ptrr��trs•shvwld aEttcrtte hn�rp* (�J ri rIK.'t'c'/,y�}}.+.r.ar olrin5�i'n�J r7ru11 he utini:I,uJ ne 2%.'krd Gy.�rPvrrray..yr+Fnc7 "U�ll�i PQ 2 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Scott Martin, Julia A. Boone, Bonnie A. Rodgers, Charles McCabe, Kelly L. Walsh, Kevin McCabe, Sandra L. Coulbourn and Alene M. Fischer of Bridgeport, NJ (EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as-binding upon the said Company as fully and amply to all intents and purposes, as if the same had:been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 8th day of January ' 2004 Arch Insurance Company Attested and Certified gsvance C •° 0 .r CORPORATE 'O SEAL 6 7977 E, / hlissouii Joseph S. L I, Corporate Secretary Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as-their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL MELISSA B.GILLIGAN,Notary Public M state of Melissa B. Gilligan, Notary Public My Comrn�ssbn ExpKes February�'2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated January 8. 2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 7th day of April 20 04 Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. guvance C o .t.' CORPORATE 3'O SEAL 3 1971 {� Yfssoud Home Office: Kansas City, MO OOM LOO 13 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2003 Assets Cash in Banks $ 36,443,173 Bonds owned 303,858,238 Stocks 133,529,416 Premiums in course of collection 105,273,338 Accrued interest and other assets 72,742,409 Total Assets $ 651,846,574 Liabilities Reserve for losses and adjustment expenses $ 147,594,286 Reserve for unearned premiums 93,812,312 Reserve for taxes, expenses and other liabilities 161,010,525 Total Liabilities 402,417,123 Surplus as regards policyholders 249,429,451 Total Surplus and Liabil' ' $ 651,846,574 1 l i r4 Qf -1 ��, a By: Attest: Vice President and Co troll Senior Vice Presi64nt, Secretary and General Counsel State of New York ) SS City of New York ) Ramin Taraz and Martin Nilsen, being duly sworn, say that they are Vice President and Controller and Senior Vice President, Secretary and General Counsel, respectively, of ARCH INSURANCE COMPANY a Missouri corporation; and that the foregoing is a true and correct statement of financial condition of said company, as of December .31, 2003. Subscribed and sworn to before me, this day of March, 2004 Notary Public MA ONE SLAKE Notary PvL6n,6tats cffftwYork No.02BL47409M Quaaiwd in N"York Counh 5_S 31 00n1MI4 Extros May 3 r ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. i E6 �� ✓t. Jl� CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No. DEM04- 05:MH11N. Intercon Environmental, Inc. By: ,U` Karen Andrews, President Title 4-7-04 Date STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Karen Andrews , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thatshe executed the same as the act and deed of Intercon Environmental, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 7th day of April 2004 Notary Public in and for the State of Texas r i "now Aillc.slob of Ti�w t My Corivnhsion Expires: ii 8 FsMusry Y3,200 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the. statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. ^2 r, q , G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new cert ificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". FROM : INTERCON FAX NO :8172250021 Mar. 31 2004 06:27PM P2 American En ' 'ronm.ental Specialties, Inc. p � 2219 'Webb Lynn Road, Arlington,Texas 76002 Fhone (817) 417-4591 Fax (817) 417-4589 March 30, 2004 Mr.Roger Grantham City of Fort Worth 1000 ThrocWortort Fort Worth,Texas 76102 Re: Sale of American Eovlro'' 1 enta, pecialtles,Inc Asbestos Division Mr. Grantham, American Environmental Specialties,Inc. is no longer in the business of asbestos abatement and has sold that division of the coimpany to In rcon !Environmental, Inc. The sale consists of all envirom=ntal clientele, leads,prospects,proposals, ontrapts,equipment, vehicles and accounts receivables as of March 5, 2004. Additionally, Intercon h ac.q Id alt of the environmental staffing From American Environmental Specialties,;Inc Specific reference is made to the Belo N listed coptracts Removal, Packaging, Tran ortatlon arid'Disposal of Asbes os-Containing Materials from City Owned Factlities 1' Project DEN04-02:AAC Removal of Asbestos Como o ing Materials of Meacham International Airport--Hanger-11- North p ire Project DEM04-05:,ME-11N Respectfully, Cary Wilson ' Sole Director t' President This instrument.was acknowledged before Ine on March 5, 2004, Py Cary Wilson, President and Sole Director of American Environmental, Specialties, Inc., an Oklah rna Corporation on behalf of said Corporation. Notary Date cc: Intercon Environmental Inc. t+o*y 1pubNo4 8tat•of 7 '� ?� :E 11..u I _ r R° FROM : INTERCON FAX NO. :8172250021 ' Mar. 15 2004 01:07PM P3 American Environmental Specialties, Inc. 2219 Webb Lynn Road, Arlington, Texas 76002 Phone (817) 417-4591 Fax (817) 417-4589 March 5,2004 To Whom It May Concern: Re: The Sale of American Environmental Specialties,Inc. Asbestos-Abatement Division American Environmental Specialties,Inc. will no longer be in the business of asbestos abatement and has sold that division inclusive but limited to its contracts, equipment and accounts receivable to Intercon Environmental, Jac. as of March 5,2004. Intercon Environmental,Inc., is a licensed asbestos abatement contractor in the Stato of Texas. Respectfully, Cary Wilson Sole Director President This instrument was ack vowledged before me on March 5, 2004,by Cagy Wilson,.President and Sole ,Director of American Environmental Specialties, Inc., an 01dahoma Corporation on behalf of said Corporation. Notary Date cc: Intercon Environmental,Inc. ':•. A a#P�gru>Iaca1H Notary Publlp,$Cafe of T'+lm Icy Commbatoft E*Irm ,U Fvbtuvy26,2008 f• FROM : INTERCON FAX N0. :8172250021 Mar. 15 2004 01:07PM P2 'a. tercon 01301 Debbie Lane • sUlte 102 • MansHold,Texaa 78063 • Phone:(817)225-0020 • Fax:(817)225-0021 ENVIRONMENTAL, I N C, g www.intercon-envirot)rTiental.coni March I5, 2004 Mr. Roger Grantham City of Port Worth 1000 Throckmorton Fort Worth, Texas 76102 Re: Acquisition of American Environmental Specialties,Inc. Asbestos Abatement Division Mr, Grantham, The attached document showsm-y cxit`�cquisitionfof the asbestos abatement division of American Environmental S.P. .1 ics; Inc. inclusive of its;equipment, material,vehicles, contracts, hills, proposal f end rii w accounts receivable.as of March-5, 2004. #merican Environmental Specialties;..It3c., w_il..nii:lqn er be..iri thOusiness.:of asbestos abatement. As per your request, I hitve also att8chdd colxies.of e.followirsg: • Intercun-E ironmelii h s W�q: • Intercori iron .ental, Iik."s TbH Asbestos Abatem6&.Contractors' icense a Intercori iro nental,.Int.'s Tbft As�bi&.4tos•'x`anspo r I;icense. . • InterconEliviro>ffi ital .trtc. insurance = (Certificate hoXd,xi! .CiSjiyto be*forwardcd from insurance agent) Intercon Environmental; hicl,,ggees c':abid6 by.the terms-And:eOnditions'of.a14 the contract documents that•Americ Ef V!ronrnett141 Spec ties, Inc:.i4'WAttactcd-or;bi to datc. Intercon Eiivironmenlal; Inc. is a 1d0 "o 1 iofnan�ot�rned.cor,bration. .00ur NC CA and HUB certi 164tes are currently.being_Arortis9e. ..,'1f.lth6&is'•ariyllJpg else you need, p ease don't hesi ai io call me. We Iodl�:forward to'wbrk*jng with-you. Resp�tf�111y; •.�. _ • . .. . Karen Andrews President Intercon Environmental, Inc. leacra/City of Fort Worth FROM : INTERCON FAX NO. :8172250821 Mar. 15 2004 01:08PM P5 to �. T 2 0 v� o a W Q HU wc� �„1 abgtx9nvrt�A&l�u`h��Sa� L� y �.Lu,_iS r C^ yy�wii ry � V'�tiy�r,.; 'Y�+74)_� t q `' �,nc.7��:i✓]1,.� ��' ~h.,•��:rr-}{p,1{•: 1 S,3C �,U/ � ���,d'�111:T'-,,,P��{ ��,_.,:{,•`,;3,a'-yv'v;�.; Y{`:1,�.J�r;+},.ta 'a~ l.� f �� }} 1^�'f Friil 6��{J6"�.,�ry•YYY d' � de-i M#'S �C � n• +',�,yy�yj�77har,>S5twwtppGG,};"tar^� M---1- . 4,'vI,M�tWdxm N” 4' as 1YT�11+ •� to Qcil a� G a) .d 4 +� N in m p N CD 'O V qp +� ) o s r e5 N to .�CL W O Almin) dl 0 n C1 x i I s FROM : INTERCON FAX NO. :8172250021 ' Mar. 15 2004 01:08PM P6 M vr-' t� L ry�r tWH+ wen's 4J ,�/fSf �hr4zu��1'fh-tl Nµ C -4 CIA bw d w j'�q,y�n �lf' F•Y� °�,�'rs�• N r cU�,�M5' 1�r� �('. F, �/.yr� *•p��r'`i '' F �I' •BID r,.:ri�(rt� �`f {y © N F.M'�''�dYj;..r;f ��I 'a{,`�W� 0 �iC' '• Y. ., ; i ti���.` r•• i�l CL� q, "�4in. :;,,E�'�';' .+�yl�+� 1 •`5r.a'�I,.,:•ta yF f�.. .� �L. ��� �• iln� JA aodKxrtt ,M.• u) (d ow a (D Q 'ti v U J WC orl w U z E3 9 0 �c/°� o Ci d `7 en ju rn C to a) � E -'q 4J ti 0 a w H o m ii � c E C3` �iw�w n m owN q FROM : INTERCON FAX NO. :8172250021 Mar. 15 2004 01:07PM P4 ACORD,- CERTIFICATE OF LIABILITY INSURANCE DATE(NWDDtYY) 02/24/2004 PRODUCER Serial# 100147 THIS CERTIFICATE IS ISSUEp AS q MATTER bF INFORMATION THE WYATT AGENCY ONLY AND CONFr=RS NO RIGHTS UPON THE CERTIFICATE= 130011TH STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE 305-E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HUNTSVtLLE,Tx 77340 INSURERS AFFORDING COVERAGE NAICi1 INSURED INTERCON ENVIRONMENTAL, INC. INSURER A. ARCH SPECIALTY INSURANCE COMPANY 1301 EAST DEBBIE LANE INSURER B: THE HARTFORD INS.CO, PMB 1$1,STE. 102 INSURER C: TEXAS MUTUAL INSURANCE COMPANY MANSFIELD,TX 7$083 INSURER D: IN&UR @R E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HBREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a TYPE OF INSURANCE POLICYNUMUER P IMP PO C INATtON LIMITS OENERALLIABI{.4YY EACH OCCURRENCE Z QQQQQQ A X COMMERCIAL GENERAL LIAAILIYY 12 ECL 38407 00 213/04 2/3/05 RGE O ENT[D o6 f 50,000 CLAIMS MADC t=.=.1 OCCUR MED FXP(Any ono ereon 6 5,000 X ASBES70s1LEADAOaTE PER80NAL9,ADVINJURY s 1,000,000 X POLLUTION LIABILITY GENERAL AGGREGATE a 1,000,001) GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-CpMPIOPAGG S 1 000,000 POLICY P LOC AUTOMOBILE UANIUTY 1 OUENTS2571 2/6/1)4 2/$/05 COMBINED SINGLE LIMIT B X ANY AUTO (EOgcoldent) S 1,000,000 ALL OWNED AUTOS 3cHFDULED AUTOS BODILY INJURY(Perperaon) X HIREDAUTOS BODILY INJURY 3 X NON'OWNED AUTOS (Per aooident) {t OPEI Y AMAGE dARA¢H t-IABILIYY AUTO ONLY-EA ACGIDENT $ ANY AUTO I EA ACC d OTHER THAN AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE ! OCCUR E]CLAIMS MADE AGGREGATE i DEDUCTIBLE -RE.TENTION $ a s WORKER'S COMPENSATION AND 6298$2 2/25104 2125/05 X ��tA C, EMPLUYERS'LIANILIYY •. ANY PROPRIETORIPART7NERrEXECUTIVE EL EACH ACCIDENT 1,000,ODO OFFICER/MEMBER EXCLUDED IfyOn,daecrlee under FL DISEASE.EA EMPLOYEE S 1000000 6PEDIALPROVISION56elow EL DISEASE-POLICY LIMIT S 1,DODD1)0 OTHER DH8CAIPTION OF OPERATIONSIWCATION91VHRICLPS IEYCWSION9 ADDHO BV ENOOMIUMENT/SPECIAL PROVISIONS FOR INFORMATION AND BIDDING PURPOSES ONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 9E CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 31) DAYS WRITTEN FOR INFORMATION AND BIDDING PURPOSES ONLY NOTICE tO THE CERTIFICATE H6LorR NAMED TO THE LEFT,DUT FAILURE TO DO 30 SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR RFPRESENTA IVES. AUTHORIZED RE! /8 ATN(\E ACORD 25(2001108) Ib ACORD CORPORATION 1988 FROM : INTERCON FAX NO. :8172250021 Mar. 15 2004 01:08PM P7 Form W-9 Request for Taxpayer Give form to the (Rev.January 2603) Identification Number and Certification requester, no not coparimnnt of Ina Treasury send to the IRS. - Internal RnvnnUe$erWCe �i Name Intercon Environmental,Inc. n 0usineas nAm,if different tram above e 0 d !n a a Individual/ r _w r9ompt from backup Z' Choek dl)prupriate box: l,l Sole proprietor Corporation Partnership I_..I t)thar► ,___-___-__ ..... ❑ withholding o Address(number,street,and apt.at suite no.) Requester's namo and address(optlonai) a 1301 East Dobbie lane,PMS 961,Suite 102 city,state,and 7,1p code Mansfield,Toxas 76063 H m List account numbers)hero(optional W a� rr7 Tax a ter Identification Number TIN Enter your TIN in the appropriate box, For individuals, this Is your social socurity number(S5N). social security number However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities, it is your•omployar Idendflcatlon number(EIN).If you do not have a number, " see How to got a TIN on page 3. °f Note:If the account Is in more,than one name,see the chart on page a rvr•guldelines on whose number Employor identiffeation number to enter. 5 1 21'2 14 13 7 J 7 17 14 Certification Under penalties of poijury, i certify that: 1. The number shown on this form is my correct taxpayer Identification number(or 1 am waiting for a number to be Issued to me),and 2. 'I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b) I have not been notified by the internal Revenue Service(IRS)that I am subject to bgrkup withholding as a result of a failure to report all interest or dividends,or(C)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U_5.parson(including a U.S.resident alien). Certification instructions.You must cross out Item 2 above if you have been notified by the iRS that you Ire-cunenty subject to backup withholding because you hove failed to report all interest and dividends on your tax return.For real estate transactions, item z does not apply. For mortgage interest paid,acquisition or abandonment of Securad prnporty,cancellation of debt,contributions to an individual retirement Arrangement(IRA),and generally payments other than interest and dividends,you are not required to sign the Certification,but you must correct provide your TIN.(See th)instructions on page 4.) Sign Signature of _d _ Here U.S.person 01 �t� fL�t�-� 41(Jl1 LQ.�C Date Y ��'"1 — Purpose of Form Nonrasidgnt alien who becomes a resident alien. Generally,only a nonresident alien individual may use the A person who Is required to file an information return with terms of a tax treaty to reduce or eliminate U.S, tax on the iRS, must obtain your correct taxpayer identification certain types of income. However, most tax treaties contain a number(TIN)to report, for example, income paid to you, real provision known as a "saving clause." Exceptions specified estate transacdans, mortgage interest you paid, acquisition In the saving clause may permit an exemption from tax to or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes. U.S, person. Use Form W-9 only If you are a U.S.person If you are a U.S. resident alien who is relying on an (including a resident alien), to provide your correct TiN to the exception contained in the saving clause of a tax treaty to person requesting It (the requester)and, when applicable, to: claim an exemption from U.S.tax on certain types of income, 1. Certify that th . i'IN you are giving is correct(or you are you must attach a statement that specifies the following five waiting for a number to be issued), Items: 2. Certify that you are not subject to backup withholding, 7.The treaty country, Genoratiy,this must be the same or treaty under which you claimed exemption from tax as a 3. Claim exemption from backup withholding If you are a nonresident alien. U.S. exempt payee. 2. The treaty article addressing the income, Note: if a requester gives you a farm other than form W-9 3.The article number(or location) in the tax treaty that to request your,TIN,you must use the requester's farm if it is contains the saving clause and its exceptions. substantially similar to this Form W-9. a.The type and amount of income that qualifies for the Foreign person. if you are a foreign person, use the exemption from tax, appropriate Form W..g(see Pub. 615,Withholding of Tax on S. Sufficient facts to justify the exemption from tax under Nonrosidont Aliens and Foreign Entities), the terms of the treaty article. CAt.No.10231x Form W-9 (Rev.1-2003) 'I I FROM : INTERCON FAX NO. :8172250021 Apr. 02 2004 12:09PM P2 tercon 0130 01 Debbie Lain • 5uite 102 Mansfield,TeXas 78083 • Phone:(817)225-0020 Fax:(817)225.0021 ENVIRONMENTAL, I N C. rear-e. - ...r•.—e9T�"t �t" c a�•ti"°�- _ i www-intercon-environ mentul.com Apri 12, 2004 Mr. Roger Grantham Via facsimile City of Fort Worth 817-392-6359 •1000 Throckmortot).Street Fort Worth, TCRa,S 76,102 Tel. 81.7-392-8592 Re: Removal of Asbestos-Containing Materials at Meacham International Airport Hangar 11-North,City of.Fort'Worth Project Number i13EM04-05: MH-11N, Mr. Granthtun, ° This letter is notice f6ii" Eial intent to.stzhconiik�, tfth:M/V,tTBE fir for the above referenced project. The dollar aii gtTtlt tQ:b ; .:imoia tpf$4,735,25, which ineets the M1WB1' A!'4 1:3. : {' Resource>3nvixtifimental Coi SUj Inc. -'DST A'.Aiis MointorIng.: $1,821.25 CBA Services,,Iii : :' E1fi�ieatos-Was :H>)ttlg 2914. 0 Total : ' ,.$4y735.25 `t Both Inc. and+Ci'A Sertri. rrs;Luc. have•agreed to our intent to subcontract ai5d h u'ftir�cra sled fette from'Ifil rccan..f�nvixonmantal;;Itici to V. Gail Scott, Senior Contrast Caul r€mnce;5 seci4$t11bf 'ty'4f ch, If you hay.&-any questiorii•-*':#red 6,fed fir i bXi p ase. at :iris:: Karen Andrews President leaefa/City of Fort Worth—Meanhani Airport DM : INTERCON FAX NO. :8172250021 Apr. 02 2004 12:08PM P3 08!9112004 11:27 9404828457 CBA AUTOMATION PAGE 02 FRt1M :INTERC13N FAX NO, :8172250021, r. 02 2004 11:1lRm P2 Mm Mg00ndO7a,a 1 ftft tuu I MWWW.n Maass r ,,:tel7y UMM rU7;te1ti223-W2� EIVViRCsNMENTAt,lNC, Nall" ur ww.inte7oan■IFTIVfro�114S111+11Laom Want to fthevalmeti April 2,2004 Mo.Jana Qsb= , via facsimile C-BA Set'v=,Inc. 440-+492-3457 5877 B=wU R04 Suite A, Krun-4 TOO 76249 Tel. 940482-99M fie: etlltaDds�of Ash '`t "lffb(a�i� [ 'ialn� h>am Yejterb►stiongl A,irfro�t �1-Nae �'�r�,? ipft' e k?ae��c�'l�Qnr''�h ,11sIWtlSt 111f-�xN lS letter U a ft l a iitlxxnx ryi apt `r aiti i t�H •, it 'af ttebestos- contidnin matW�lli the �> t :A nc p�no c,':•: ao6f a un!tea paid to,CU Services,Inc. 0"Rithe oft punt CBASnca�a�.rrnC.'� ('.,•.. . .. • '... • ' -.t •'.:��'•-,t.•t`_ .:-1,:. 5 .. �W'�� ; ert ii 07i !leor[ r VV t� ? Yl204,expiwo Dambei 2004. e 6.g , yt 7 n t � - � • „� 'i. ,Fit. �,.I' � ( _ ,7, '1•ri- AcbbiilC ; > gsborn, "AA St ,mac• DAM leix'a/lntwt to tiutsooWwt C8A Meacham Oty(,trrwtt worst, FROM : INTERCON FAX N0. :8172250021 Apr. 02 2004 12:08PM P4 . 04/02/2004 11:41 FAX 9723857101 RESOURCE ENVIRONMENTAL Z001 FROM :INTERCOhI Apr. 02 _ :�0@4 11:CORM P2 Plan,PLhw Lang -suite 102 • 1A0naGel Tmrab 7nnn2 . PFtmne;(tl77jz��pdy r Fe; ($17) 1+0j)2? temon EN RONMENTAL, INC Ulf + xTa� wrrw rnrotcan••or�o;rnn,r,c3r��t,Qam of t: t:n .QubcgALract April 2, 2W4 Ms.Dy4ha Lce $G5GIUCt nnvh,0rM stW CQnsUlting,2nc, Via resimile P-0- Box.801462 972-385-7167 1)61139,TOxas 75235 T OL 972-395-4 35 Hangar 11 14 c*chxw Inlernation2l Af rport'on cr k iber'.r1�,E1VlO"S.MH-11N 'Z iS lctUZ is a fofimtal iir� 1C'�4t' t1c + r�ttact fC1� " refer en viii MoA46 ;�g� 1mg at the above pro :th e dt�Ti utit tp-1 pa tib°It �rtu'c i rtmzi tai Ca nt irk the ���vMq♦�I ir+./♦ j{1�,a11L��.�Y4•'SMJLil�IfC1� t',,Il(r 1.111•�•1.•.'',_ t:. •+,'i T, •1 r4, • 1 g>Xnc. R I rtifl tiq nluznb - WS1.$850NO504, cxpireg May �.��, .1 •• .,� . .-. ,1 ' . . . . - .Y tl•, • ,, HIV •i 1,•••�,,. i;4• `� -. - ,,. - . 4 l�•1�1 ,.c� - • - - 1111' '11-. •1• .- .1. D3"�� cyouecc Envsrsynmeotal Co»sWthW,1 c. Daze • let►ks tttlt nt us 8ltbcbr,ir+ k i C Mnpnhntsi City of FmI wofth 02/23/2004 12:38 FAX 9723857161 RESOURCE ENVIRONMENTAL [a 002 .y< s.' Resource Environmental Consulting , Inc. T P.O. Box 801462 Dallas, Texas 75380 972-385-4535 Fax 972-385-7161 February 23,2004 Ms.Gail Scott Minorityf Women Enterprises Office City of Fart Worth 1000 Throckmorton Fort Worth,Texas 76102 Re: Notice of Intent to Subcontract OSHA Air Monitoring Services City of Fort Worth Project Number DEM04-05:MR-1 IN Dear Ms. Scott: Attached please find a Notice of Intent to Subcontract between American Environmental Specialties,Inc. and Resource Environmental Consulting,Inc. If you have any questions,please feel free to contact me at 972-385-4535. Sincerely, RESOURCE tNVIRONMENTAL CONSULTING,INC. Dyana M.Lee President Attachment v0!�D 02/23/2004 12:38 FAX 9723857161 RESOURCE ENVIRONMENTAL 0 003 02/22/2004 23:59 0000000000 PAGE 02 American Environmental Specialties, Inc. 2219 Webb Lyn, Road., ,AxHngton, Texas 76002 Phone (817) 417-4591 Fax (817) 417-4559 majl@.american-covironmental.com Notice of Integ to Subcontract - February 23,2004 Ms.Dyana Lee Resource Fn lironrnental Consulting,Inc. P.CJ_ Box 801462 Dallas,Texas 75235 972-385-4535 972-38S-7161 Fax Re: Reinoval of Asbestos-Coixtaining Materials at Meachmn International Airport Hangar 11-North, City of Fort Worth's Project Plumber DEM04-05_"IIN Ms,Lee, This letter is a.formal intent to subcontract for OSHA Air Monitoring Services at the above re#'ermced project. The dollar amount to be paid to Res=ce Environrxiental Consulting,7uc, is iji the aMoupt of$4J35-25, Resource Environmental Consulting,Inc.NC RCA Certfficago)a Number WFWE18850TN0504, expires May,2003. Respectfiilly, V� Cary Wilson President Acceptance-, Dyarta-Lee,Resource Envixonine to l Consulting,Inc. f FF-C Inknt to Subcont-actMewbum City of Fort Worth It L'rl f .`,",'('��/� �f��F l;t r':''1.1��:��r: 1 I'�`j7 '9 ,,;� l;'���.t>•r.:l' g, a.-r,^ _ 1 1.t1,,�n�, F.��••�: , ,�tl�' a l �,,/ d � .:tt, 4 �''1'• ,•F f 1� ;,1,,.. •:Stt �i.�;iij�ti. •11I i .�i';'i: �.�' 1�T�y,'•(,,I�gfl'! � lj` :Rl �.''r�','11. �\:':`t9,! 'I"T'"f 7�t'.F 1 ' �t JJjt ,f! 44Y + 1.�i .1_ •, '1 flit ���� ,:t�`'I• •r,t1:. .i�, 1 r ! ;,G,ltl• ir.. �IJ/�u. of ";� qr;,`' T%_- F Gt.: [ r 'n'. 'p�i�t ,��7y Ir+r, �! ,1 \1F-t ,. r. .:.'•;�'•I rt 1•' Ili [] tt al;•`i' i�*,Il�,�" "pc' r '• ii i - ',••) `l ` -t,''!t '�_j�}':T`.'rl 1` .�`f '�'.,'u., }sue, 4 r yrt 4 uk � al 1�� n1��f ��..,K �`i..1�•,� �t 'S.IbsS �. ;{?�. ",/(�• �i 'Kti`' � -1''i:(`: lk '1 .'.�.+1Yi/1a�4/n1.;11r,.9 k \S'.! 4 �,. ic.G ! i f•i.•I:71•.`{ t;. llrPi•��i{<:lte� Si:'i , z i•..�i r tS� /a r(,s..�„ f, t fiq IT�:vo 7 d S�r, �! , � _ ,���,��r•.;.. ir'�{a!•t f�� .'► MTh}t. tsar « } ,leli��ri;'; � II kill Am _ - r 1 man ,•. f;l hilt\ . -1 .1 - , , .y�r�yS_. �f wl��^ - - - ;��•rr111 ��� f L • iIt � 111L, !!i ku.�•'�` 1; nr t Ilse:.:' }.7 � + 7�'i'Il ail y •�. t.t t t,.;..:� a r E1,',.:t I 1 tit 1F f•c,t'{J r';};w< , l l;.'.*� tt" k �':• '((+,�•771r _ .t' .\ J�'•:it ,�+t?;, j ..sr t 1 �•� `p;`z.t3�:•—�'l'l_° �* (ti a; —•-�'`,'�-;1J( ',. h..-•t ci flt i qa5 2 _4' t: UK }l� 1- l,� t./.�� ::: t ^r 1{}t t � itllrbt,I ' Llilafll �..»:E 1 1tu:I�T1[:Yt�'rivu�Li. ! J 7. CIA i Cd. R. : m o x 0 m N U2 G cd 4- a " �..{y •..s-I O ^C U .i•1 f i ' 1.� i � �� ! b O N U 434E k 5 EL IF. s t $ a� 1 t' co cd o D ai ., .>< v, rt _ . . o bo .P o 4-4 O_'� rtl .r I o o ❑ a) a) j C40 N- , t o U 1 O c p � C W a) r1 cd C;J ` Jp is JL af,r Ot rXU5 Historically Underutilized Business Certification and Compliance Program E 0 rf ' c _ - I If I The Texas Building & Procurement Commission (TBPC) hereby t certifies that E s CBA SERVICES , INC. al 1f - 1 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 08/31/02,supersedes any registration and certificate previously issued by the TBPC's HUB Certification and Compliance Program. If there are any changes regarding the information .. Lo., business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the j business' application for H_UB certification with the TBPC, you must immediately (within 30 days of such changes) notify the TBPC'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. Certificate/V1D Number: 1020623415400 FilelVendor Number: 20396 Paul A. Gibson, HUB Certification Spvr. Date of Approval: 08130102 Texas Building &'Procurement Comm. -Expiration Date: 08130104 (512) 305-9071 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 Certificate/VID 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.tbpc.state.tx.us/)-or by_contactin the TBPC's HUB Certification and Compliance Program at (888) 863-5881 or (5 i , #F �; ,,.:1��,. February 23, 2004 Cary Wilson American Environmental Specialties, Inc. 2219 Webb Lynn Road Arlington, TX 76002 RE: Removal of Asbestos Containing Materials at Meacham International Airport Hangar 11 North - Bid Date: January 29, 2004 Dear Mr. Wilson, On February 13, 2004, the Minority and Women Business Enterprise (MWBE) Office notified the Department of Environmental Management that American Environmental Specialties, Inc. was non-responsive to the City of Fort Worth's MWBE Ordinance #15530 for failure to submit Good Faith Effort documentation along with the 5% MWBE participation. After communicating with the project manager and this office, American Environmental Specialties was provided options in order to comply. You, the offeror could either submit documentation that either met or exceeded the goal of 13% or if no documentation was received, the bid shall be deemed to be withdrawn. Our office is in receipt of a revised MWBE Utilization plan increasing the dollars for Resource Environmental Consulting, Inc. to perform OSHA Air Monitoring from $1,821.25 (5%) to $4,735.25 (13%) using the bid amount of$36,425.00 as the divisor. The purpose of this letter is to address a concern of the MWBE Office along with the Department of Environmental Management. It is noted that the project in question was not designed to generate OSHA Air Monitoring services for such a large sum, unless you the offeror has chosen to provide additional air monitoring at your cost. If you choose to maintain this MWBE plan in order to meet the City's MWBE goal for recommendation of contract award and services do not meet the planned payment, it will appear that you the offeror, intentionally and/or knowingly misrepresented facts to the City of Fort Worth and will constitute a basis for classification as non-responsive and possible debarment. Debarment as outlined in the MWBE Ordinance #15530 is as follows: A. , Debarment: 1. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three (3) years. If you wish to continue with the latest MWBE Utilization Plan or if you wish to revise this plan, please respond in writing to the Department of Environmental Management by Wednesday, February 25, 2004. Your cooperation is greatly appreciated. If you have any questions, comments or require additional assistance, please contact me at (817) 871-6104. Sincerely yours, V. Gail Scott Contract Compliance vgs Cc: Roger Grantham, Dept. of Environmental Management Project Manager • JU. An .•L . FROM : INTFRCON FAX NO. :8172250021 Mar. 22 2004 05:00PM P2 f af g of Historically Underutilized Business Certification and Compliance Program [E �r &0 I � i The Texas Building & Procu ement Commission (TBPC), hereby c9' rtifies that INTERCON ENVIRONMENTAL, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HtJB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 13-MAR-2004, supersedes any registration and certificate previously issued by the TBPC's HUB Certification-and Compliance Program. If there are an changes regarding the information (i.e., business structure, ownership., day-to-day management, operatio al control, addresses, phone and fax numbers or authorized signatures) provided in the submiss n of the business'. application for registration/certification as a HUB,iyou must immediately(within 30 ays of such changes) notify the TBPC's HUB 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: 1522437774500" Phuf A. Gibson FileNendor Number: 36251 HUB Certification & Compliance Supervisor Approval Date: 11-MAR-2004 Texas Building & Procuredient Commission ' Expiration Date: 11-MAR-2008 (512) 305-9071 Note: In order for State agencies and institutions of higher educatio� (universities),to be credited for utilizing this business as a HUB, they must award payment under the Certificate/VID 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.tbpc.state.tK.us)or by contacting the TBPC's HUB Certification and Compliance Program at(BB8) 863-5881 or(x12)463-5872. i FORTWORTH March 25, 2004 OEIProject;Bid Nos. DEM-0404-MH-I i N Cary Wilson American Environmental Specialties, Inc. 2219 Webb Lynn Road Arlington,TX 76002 RE: Meacham Airport Hanger 11-N Asbestoes Abatement City Contract# ;a M&C# C-19992 " To Whom It May Concern: t Your firm was awarded the above contract on March 11,2004,with the City of Fort Worth,Texas,in the amount of $36,425.00. Part of the consideration in awarding the contract was your company's compliance with the City of Fort Worth's Minority/Women Business Enterprise Ordinance#15530. s Your company's bid committed to the following M/WBE participation: Resource Environmental Consulting OSHA Air Monitoring $1,821.25 Inc. CBA Services Inc. Asbestoes Waste Hauling $2,914.00 ..for a total fee of S4,73515,representing a 13.00%overall participation goal. NOTE: COMPLIANCE WITH THE CITY'S M/WBE ORDINANCE 15530, AS WELL AS SUBSEQUENT AMENDMENT(s), REQUIRES SUBMISSION OF 'LETTERS OF INTENT OR. 'EXECUTED AGREEMENTS' ® BETWEEN YOU AND THE M/WBE'S LISTED ABOVE. THESE LETTERS OR AGREEMENTS ARE TO INCLUDE 1') THE NAME OF THE CONTRACT, 2) THE NAME OF THE MIWBE FIRM, 3) DEFINE SCOPE OF WORK, 4) . DOLLAR AMOUNT OF THE WORK AND 5) THE SIGNATURES OF BOTH PARTIES. AT THE REQUEST OF THE - MANAGING DEPARTMENT, THIS INFORMATION MUST BE SUBMITTED AT THE PRE-CONSTRUCTION MEETING, OR TO THE PROJECT ENGINEER FOR ENGINEERING AGREEMENTS. THE TIMELY SUBMISSION OF THIS INFORMATION WILL EXPEDITE ALL CONTRACTUAL MATTERS AND THE ISSUANCE OF THE NOTICE TO PROCEED. Throughout the duration of this project,the City of Fort Worth is requesting that your company continue to adhere to the M/WBE Ordinance by complying with the following procedures in this compliance letter. Failure to follow these procedures in submittine reports and other requested information, if anv,as required shall authorized the City to withold payment from the contractor and/or to reiect future proposals from the contractor until compliance with this ordinance is attained. *A M/WBE Monthly Participation Report Form(enclosed) must be submitted monthly until the contract is completed. The first report will be due 30(thirty)days after commencement of work. The monthly report in us have an original signature to ensure accountability for audit purposes. ' These reports shall be submitted monthly to the M/WBE Office, regardless of whether or not your firm utilized its M/WBEs. If there was no activity by an M/WBE in a particular month,place a "0"or "no participation" in the spaces provided,and provide a brief explanation. CITY MANAGER'S O1Fk'ICE MINORITY/WOMEN BUSINESS ENTERPRISE THE Crry of Four WORTH * 1000 TmocrctutoRTm SzttEer * Four Wowm,Tmw 76102 (817) 871-6104 * FAx(817) 871-6185 Compliance Letter Page 2 March 25, 2004 t *Provide this office with proof of payment to your M/WBE subcontractor and suppliers. The M/WBE Office will accept the following as proof of payment: 1. Copies of W WBE invoices with front and back copies of canceled checks, OR 2. A notarized letter explaining,in detail: a Subcontractor/supplier scope of work b. Date when services were received from subconsultant/supplier c. Amounts paid to the subcontractor/supplier and d. Oriainal sienatures from both parties must be included on this letter. *Ifyour company foresees aproblem with submitting participation reports,copies of invoices and/or proofof payment on a monthly basis,please notify this office in writing to discuss possible remedies. *If your company wishes to add,change or delete a W WBE subcontractor or supplier,you should adhere to the following. 1. Immediately submit a Request for Approval of Change/Addition Form (enclosed)to this office,explaining your request for the add,change or deletion. 2. If the change decreases your committed M/WBE participation goal of 13.40%,please state clearly how and why and submit support documentation. If the change affects the committed goal and it is not addressed,it shall have an impact on the final compliance review. a. All requests for change must be reviewed and pre-approved by the M/WBE Office. b. Change(s)or deletion(s)in the Subcontactors/Suppliers Utilization Form addressed in this compliance letter made without prior approval by this office, will effect your compliance determination with the M/WBE Ordinance and future contract(s)with the City of Fort Worth. - *Upon your company's successful completion of this project,and within ten(10)days after receipt of final payment from the City of Fort Worth, you shall provide the M/WBE Office with a Prime Contractor's/Consultant's Final Summary Payment Report Form (enclosed) to reflect the total participation from ALL subcontractors/suppliers utilized on the project Failure to compiy with the City's request to provide the required documentation shall entitle the City to reject future proposals from the consultant until compliance with this ordinance is attained. If at any time you should have questions or concerns regarding this compliance letter,or if you would like to obtain a copy of City Ordinance No. 15530,please contact our office at(817)871-6104. Thank for your cooperation. .Gail Scott Contract Compliance Specialist Enclosures(The required revised compliance reporting forms: Monthly,Request for Change and Final Summary) cc: Roger Grantham,Project Manager Resource Environmental Consulting Inc. CBA Services Inc. „pp a 7 k ORIGINAL r 2.1 PROPOSAL DOCUMENT CHECKLIST rAll Proposal Documents, including this Checklist, should be completed in full and submitted in a sealed envelope in the order requested,to be considered ras a responsive submittal. Proposal Documents Initial if = Included 1. PROPOSAL DOCUMENT CHECKLIST s 2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA 3. MINORITY and WOMEN BUSINESS ENTERPRISES 4. BONDS = 5. PROPOSAL SUMMARY 6. UNIT COST ESTIMATE 7. LIST OF SUBCONTRACTORS - 8. VENDOR'S COMPLIANCE TO STATE LAW 9. INSURANCE CERTIFICATES 10 CONTRACTOR'S LICENSES AND CERTIFICATES 11 CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY I understand that all of these items will be reviewed, and any items not included may result in my Proposal being considered non-responsive. JerroldrAhdrews Name Vice President Title American Environmental Specialties, Inc. Company 4 Section 2.0 -2- 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDUM 2.2.1 Check if applicable x The undersigned acknowledges the receipt of the following addendum (a) to the Request for Proposal, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 January 15, 2004 (date received) Addendum Number 2 January 22, 2004 (date received) Addendum Number 3 January 26, 2004 (date received) Addendum Number 4 January 28, 2004 2.2.2 Check if applicable �. The undersigned acknowledges the receipt of no addenda to the Request for Proposal. CONTRACTOR: American Environmental Specialties, Inc. By: Jerrold Aildrpwq Company Name (print or typ n e of signatory) 2219 Webb Lynn Road Address (Sign Arlington, Texas 76002 Vice President cty, State, Zip Title (print or type) MW Section 2.0 diAID JAN-15-04 12: 32 FROM:C FTW EMl MGMT DEPT ID:8178716359 PAGE 1/2 FORT WORTH ADDENDUM TO: Into Parties FROM: Roger C,rantham, Senior Environmental Specialist Department of Environmental Management DATE: January 15,2004 RE: Addendum,#1 Asbesbos Abatement at Meacham Int'!Airport Hangar 11 N As of Thursday, January 15, 2004, two questions have been reaived concerning the bid specifications: 1. Can you provide a copy of the proposal document and the bid specifications? A. Yes The proposal doeumenfis (proposal, MWBE required forms, bid specifications, and applicable drawings) and addenda can be downloaded from the City of Fort Worth, Departmei of Environmental Management web page located at wwxr, rrOV orq</DEJ�f 2. Js tfie=pr�mete*g scheduled for lue day,wary 2Z 2004 at 10:30 AM, mandatory for the proposal.submittal W be wnsidered responsive? B. No ft pre-bid n r is trot mw a ; s hovrevethe meeting can b< e.used ta acax-a „SrApe and K�Of � As a reminder, follow the insb uctions located in the pmposat padmge and indude the addendum in the pibMW padcnge as staffed in the proposal instructions. Additional questions will be accepted until January 27, 2004 in accordance with the spedfication. THE CITY of Foer W=H * i UOo THwcKmoxTon S Fjxr * FORT Wong 1 11.:- �?a (817) 871-632S * FAx (817) 871-635$ * wwwlortworthgov.org/de C-rya oa roeyded r� ADDENDUM NO. 2 TO: Interested Parties FROM: Roger Grantham, Senior Environmental Specialist Department of Environmental Management DATE: January 22, 2004 RE: Addendum #2 Asbestos Abatement at Meacham Intl Airport Hangar 11 N As of Thursday, January 22, 2004, several additional questions have been received concerning the bid specficabDm: 1. Will the interior furnishings (Le...desks, fang cabinets, chairs, tables, etc..) be removed prior to beginning abatement activities? A. Yes. The interior furnishings wit be removed prior to abatement activities. However, the counter areas located on the lower floor of the western one-half of the building will remain in place and should be protected during the abatement process. 2. Is the carpeting located on the second floor of the building to be removed? B. The carpeting does not need bD be removed or protected, Inwever, f t wit _ facilitate the removal of asbestos cwtanng materials on adjacent Ovals, it may be removed and subsequently disposed of as asbestos-containing waste material. 3. Are the light fixtures and associated bulbs and ballasts to be removed? C. The ballasts and light bulbs will be removed prior to abatement activities. The fixtures will be removed by the abatement contractor during the abatement process while under negative pressure within containment. ;i°!'l Ilk 4. Will the thermostats need to be removed? D. No. The thermostats will be removed by building maintenance prior to beginning abatement activities. 5. Regarding the plaster walls and ceilings, is the scratch coat the only portion of the plaster to be removed? i E. No. The entire plaster unit, including the metal lathe and supports, will be removed to expose the bare stud walls. The wood lathe 4 also be removed in areas where it is encountered. - 6. Please clarify the removal of the exterior cauking around the individual vkdo%panes. i F. The cau" around each individual windowpane will be removed in a manner that allows the application of new cauk to safely weatherproof the windows. i As a reminder, follow the instructions located in the proposal package and include the addendum in the proposal package as stated in the proposal instructions. Additional questions Zvi be accepted until January 27, 2004 in accordance with the specfcatiom i c ° t , ADDENDUM NO. 3 TO: Interested Parties FROM: Roger Grantham, Senior Environmental Specialist Department of Environmental Management DATE: January 26, 2004 a RE: Addendum #3 r Asbestos Abatement at Meacham Intl Airport Hangar 11 N s As of Monday, January 26, 2004, one additional question has been received concerning the bid specifications: 1. In Section 2.6, Unit Cost Estimate, the quantfiiable units of measure for window caulking is listed in square feet. Should this be listed in linear feet as is stated in Section 2.5, Proposal Summary? A. Yes, the quantifiable units of measure should be listed as linear feet instead of square feet for the removal of window caL&N. Included in this amendment is a corrected Section 2.6,following this page. As a reminder, follow the instructions located in the proposal package and include the addendum in the proposal package as stated in the proposal instructions. Additional questions will be accepted until January 27, 2004 in accordance with the specification. Section 2.0 - 1- 2.6 UNIT COST ESTIMATE Additional material may be encountered during the twenty-one(21)day period of abatement. The undersigned hereby proposes the following unit costs for the removal of asbestos-containing mauls from the Fort Worth Meacham Airport-Hangar 11-North not identified within the Scope of Work of this Proposal Package. At feast these tasks shown in the following Est must be included. The Contractor may wish to include additional tasks as appropriate. Each task shown below must appear on the Project Schedule and on the Schedule of r Payments. The completion of each task must be associated with a project deliverable document. Deliverable documents may be a report, photograph, or an irroice that shows completion of that task. Requirements for execution and completion shalbe negotiated a. prior to any additional work authorization. No compensation shall be paid to Contractor for the cost of obtaining and maintaining insurance, bonds, licenses, and certifications as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Proposal. UNIT PRICES including Removal and Disposal(add rows as needed): 1. Spray-on Ceiling/Waft Texture Square foot # „ 2. Wall/Cedng Plaster Square foot $ 3. Window Caulk Square foot $ 4. Transte Pipe Linear foot EMPLOYEE LABOR RATES(add rows as needed or put Not Applicable as appropriate): Principal $ Foreman $ Project Manager $ Asbestos Worker $ Project Supervisor $ Clerical $ Equipment Operator $ Worker $ lJ D 1 Q­>'-6 F C*,N\ Section 2.0 y a,.. __. -2- ■ � 1 CONTRACTOR SUBMITTING PROPOSAL: By: Company Name (print or type name of signatory) Address (Signature) City, State, Zp Title(pmt or type) Phone FAX ow _ Section ZO -3- JAN-28-04 13: 38 FROM:C F'TW ENV MGMT DEPT ID:8178716359 PAGE 2/4 ADDENDUM NO. 4. TO: Interested Parties FROM: Roger Grantham, Senior Environmental Spedal'ist Department of Environmental Management DATE: January 28, 2004 RE: Addendum #4 Asbestos Abatement at Meacham Intl Airport Hangar 11 N As of Wednesday, January 28, 2004, one additional question has been received concerning darification of the bid specifications: 1. Amendment #3 attachment for Section 2.6 had an error in the knit cost summary cimceming the quantifiable units for the window caulk as square feet instead of linear feet. Indluded in this amendment is a corrected Section 26, follow-sng this page. 2. For Clarification purposes, the window caulldng to be removed is listed at appmwdmatdy 1,200 linear feet. The area of concern as to the removal of window caulk applies only fia the window units located in the office area. 3. For Minonty/Women Business Enterprise office information, please call 817-392- 6104. As a reminder, follow the instructions located in the proposal package and include the addendum in the proposal package as staffed in the proposal instructions. Section 2.0 -: - FIN, Y C7 JAN-28-04 13: 36 FROM=C FTW ENV MGMT DEPT ID-8178716359 FACE 3/4 o 2.6 UNIT COST ESTIMATE Additional material may be encountered during the twenty-one(21)day period of abatement. 11*undersigned hereby proposes the following unit casts for the removal of asbestos-corrtaining materials from the Fort Worth Meacham Airport-Hangar 11-North not identified within the Scope of Work of this Proposal Package. At least those taste shown in the following list must be inducted The Contractor may wish to include additfiorial tasks as appropriate. Each task shown below must appear on the Project Schedule and on the Schedrde of Payments. The completion of each task must be associated with a project deWowdble document. Deliverable documents may be a report, photograph, or an invoice tint shows completion of that task. Reguiirements for execution and completion shall be negotiated prior to any addrkionai want autfioxtotion. No oompensation shall be paid to Contractor for the cost of obtaining and maintaining insurance, bonds, licenses,and Certncawns as rewired herein,as these are considered subsidiary to other items for which ksnp sum or unit prices are requested in this Proposal. UNIT PRICES including Removal and Disposal(add rows as needed): ManLeriat _. .:. Unit m 1. Spray-on Ca'MMal Texture Square foot 1.50 2. Wall/CerTing Plaster Square foot $ 1.50 3. Wlrmdow Cadk Linear foot $ 5.00 4. Transrte Pipe Linear foot 2.00 EMPLOYEE LABOR RATES(add mars as needed or put Not Apphcabie as appropriate): �: Principal # 60.00 Foreman # Project Manager 50.00 Asbestos Worker $ 42.50 Project 9jpendsor 47.50 Clerical $ 15.00 Equipment Operator $ 50.00 Worker # n a H coop Section 20 JAN-28-04 13: 38 FROM=C FrW ENV MGMT DEPT ID=8178716359 PAGE 4/4 .CONTRACTOR SUBMITTING PROPOSAL, American Environmental Specialties, Inc. 5r. Jerrold Andrews Company Name (print or Of Si9nMMY) 2219 Webb Lynn Road Address (Signatwe Arlington, Texas 76002 Vice President Syr Sudr,zip Tie(pft or type) 817-417-4591 817-417-4589 Phone FAX WORD ly SMdoi 2-0 d 2.3 MINORITY and WOMEN BUSINESS ENTERPRISES (M/WBE) It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) firms, Ordinance #11923, in the procurement of professional services. On City Contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the 13% goal. <OR> 2. Good Faith Effort documentation. <OR> w 3. Waiver documentation. Please refer to the following SPECIAL INSTRUCTIONS FOR BIDDERS for further information regarding the compliance requirements. The M/WBE business (es) must be certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA) or by the Texas Department of Transportation (TxDOT), Highway Division. The M/WBE includes the nine (9) counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall or doing business in the marketplace during negotiation related to the Proposal. M/WBE requirements will be a part of the evaluation for this Proposal. Section 2.0 - 4 2.4 BONDS PROPOSAL SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than FIVE percent of the largest possible total of the Proposal submitted must accompany the Proposal, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. PAYMENT AND PERFORMANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort .� Worth. Section 2.0 tirr�i� �6;! Sv1 -s- VIV 0`-J2HYAkY To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of — authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City — ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE - Section 2.0 -6- THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond # Z21390 KNOW ALL MEN BY THESE PRESENTS, that we AMERICAN ENVIRONMENTAL SPECIALTIES INC there insert full name and address or te=al title of Contractor! TEXAS as Principal,hereinafter called the Principal, and American Guarantee&Liability Ins.Co. (Here insert run name and address or lepi tide of Surety) One Liberty Plaza 30th Floor New York,NY 10006 a corporation duly organized under the laws of the State of New York as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF FORT WORTH mere insert full name and address or lepl title of Owner) TEXAS as Obligee,hereinafter called the Obligee,in the sum of FIVE PERCENT OF THE BID AMOUNT Dollars ($TBD ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here inert tutl name,address and description of project) .. r ASBESTOS ABATEMENT MEACHUM INTERNATIONAL AIRPORT-HANGAR 11-NORTH NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter 7 such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may In good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effem Signed and sealed this 23RD day of JANUARY 2004 t AMERICAN E I ONMENTAL SPECIALTIES INC (Principal) (Seat) (Witness) j(( ' Jerrold Andrews (Tide) Vice Presi `"" S -(S II AMERICA GUARANTEE&LIABILITY INS CO. ! '(S rely)�• (SeafJ (Witness) ' MARIA tONfALEZ ( r )Atto y ffd,Rao5 CITY SKIM AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 2DW6 y { 1oi losses arising frOM events other than acts Of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The eiTOris:t Risk Insurance Act o.`2002 establishes a mechanism by'Which the United States government INUI : - f e'er Act)alter a ;nsu=ce compaft': •i =cc;;rlpalY 1055=5 resSlt:1? FiOin acts 0 te'TOrisiTi ias�°-Iii: in in i^.3 :3: iDS=�i:ri exc°ss of an annual aggregate deductible For 2,N2., ie lncSurance:OIT,pal:r del�tlCtibie t5 loo Oi direct 2 _ i Sl4;ea m -;,r yeaC for 2l, rier year; For ? o of direct re Ct e�p'0TitT in premium in the p 'lQ�'b Gi�'•.'B:'.:1i_.. _ L- '_?0�, l?'"�of dire:[23iT.eC1 pretni'um.in t'ie-ricr year. Ti e ftdera; t^ prior year; and I,3i r insurance company's losses above its deductible is 90°.0. In the even:the United Mates govern,T=ent participates lOsSes;-he United States uo erriment matt direct insurance companies to C011,--t a tern risn, surr.hai-p frunl CJII.;l^ld.i5. Tti _`ct dies not CLI er;tiv provide For irls'aranec lnduszzri 07 U it2d terrcrism(055-25 that eXCeed S 100 Dah3n In ail+One Calendar year. ti. Definition of act of Terrori3Tn AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY �. 4')r;t;Y.'t,r rryFI.,#;.13isl fIucr], Nt-w York.NVw YDIk, 1,0CIA, - CERTIFIED POWER OF ATTORNEY APFOIINTING INDIVIDUAL ATTORNEY(S)-IN•fACT Mimi PM K:NOWA!-L MEN pY THESE FIRFSENT,That the AMERICAN GLIrARANTEJr AND LIABILTY in,_;uRANCE GONIPANY, a Cr�Pporaton e;uaied by 21ard e5JM11ig under the IawS•of the Slate O'dew York Win its Executive Offices Jocplled In Schaurnoo,g.Oir.-cis,dr>e:;hate by t,tarn-r3we cDns."Oule Arid appaint Michael J. Friedrich,Maria Gonzalez,William.J,SWIay of Bridgeview.iL Its true and kb wful Atturney(5)-in-Fac1 wdih power anti eulf:o7IL% het-eby tor:femgd 10 Sign, seal VIC extcutE in iris GEIialf, dudng tjie pen-5d be-gii ni:6c v,'101 the date of issuance of 1r;,e prowe';Any and all hors,vnderta Kings,recognixrrrtes or other written obligptibrrs in the nature ttrr;redf, and Lp*iiir AMERICAN r3LiARlAM1II�L!2 i C0M71;%1 4`f ikiereoy. ano ari;at itre acts 01 said Atl0rriey;3)-in Fact, pursuant IC 1r:use Preserds are hereby ratified and uonflrmed, This Fo4ver'of Atloiney is rivade aild executed puTsuanl to and by the authority of the followdrrg By-Law dully auutyled by Me Berard of Drre-doffs of the Currlpany wtut=li 0 -Law !­.as not teen amended or rescinded: Se-cion 2, Ariacle tll. `,,,That pnesiaerd err a vice presfaeni rn a wrrtden instrLwwrN artlextt[d by a seceetary err an Bssi4hrlt socretary may (a) appoint arty person A(Lomey-en Fay with atruraraty to execile suety bonds an uetiatl of the cudrip riy and p1rics formal v underw,cling contracts in relerencc thereto-and oLhr,ur nce gt cgestss re is qN b3 Vi%4'6es anri L Ar.dt aA i(rult Fend altacri the corporate Sraal---Any SuM officers may ieveike the power*grardted Ip a ny A1ldrney-in-Faet.' This Power of A.tfanney Is signed and sealed fly taasimile Under and-by Itir.awnorily of the iuflowing ReSOJutdon adoptted by the 00aid of DJrc'Ices of the AMERICAN GUARANTEE AND U&BICITY rNEURANCE CUMFANY at a rneeting Poly called acid tdela San the 25M ddy at a March 1913 ; -REsQLVEO- Irrat fhe signature of[be presjd5ht or a wig president and tt�e attesting 5�rwture of a seffetaq nr an 6.ssistanl secre+i'ary w411 Vie.seal 01 Die"nlpariy may tae dlydxed by Ia!C.Aiil6 on any Puvicir of P,fl4rrte granted rmr-uant tO Section 2 of article I-I:of the klyLaws.and the signature cf a 5e—Vulary or an BSSj;tarn secreatuy and the seal 01 trio company ortay be affixed by t.3r!Nirn1le is any pertlf C�Ile of any such I,Gwer. Any sash power or daily cer!J: rte the i�,jf Nearing suctr tatsimike 6iprldturra and seal sh`II tae valid and birdpni on the conl,oyray. f urlhernnorr<,arty such Vjwer so exPculrxl grad =-ealea and cvaifded by Certificate so exEculett and Sealed srLl3EI,with rtspeu 10 any band or underiakiag!c whieb Il i5 altached,Gnall nue tier be valid and bindiN on the a corrrpariy IN %gJTNESS WHEREOF. 1110 AMERICAN GLie+kANTE�E ANO LIA81LITY I.NSURAkCE CaQMP°kNY has citzcrl these pi aslerAs to be exec_li•d jr,its nary and pn It:behalf and its Corpurate Seal 10 fart hereunto affjXC%d and shE91e Cl by ite offtrer$Ihrsreumci duly au[Niarixed, the 31st day of December 2U05. WARM G;This Power of Attorney is printed on paper that tJctors unauthorized'copying of taxing- AMERICA!N GUARANTEE AND LIABILITY INSURANCE COMPANY _ t 6ga9 i. �xx S1ArT 0 lisp-AS y� Davfd A.fsowtrs Donald Hurrpler + CCS_WY air CDCV. Sezrewrp Evicul+weVi{jeF'rc-Sjdena On this 31st clay of December KID, Ri 4a, beture the S-."Cribei,a Notary f'ubljr.of Me 51ate and Courty atorusaid, duly Nulary Public wrnrni&,.mrred and 4.a2tiGrd, sa{rke the UVWt rsW%ed YiU patmai " IWO JeCrOZU Ed#TIe AT]IERZAN �,U;IRANJ€1_ AND LIABLITY iNSLdF{ANCE COMPANY, Id rfw perso nNy ka+Rwn to be tht individuals -irrd .officers ae-;r,:rtUE 7 in and wtip exec+a?ed the XecedLng instrurfthl, and they Each c,ii)wludged tree txuculron of the Same and, being by me duly sworri, they severrlly and earh for himself dcposed anal said that they respectively hold the otf"ces ifi said C-orppration as an C Wtvd,that the�eRA afllxL,d to Ric!pitgxding Jnr tbOmani is the Gurporair=S"I M said Corporatitap, Fria Chat the s+,dd Cc rporate'Sc:+l„and trseir SI,#nature ds such utflcers, were duly affixed and sut,Ecrihht to ifie said irtilrurnerat pursuant to$II due ccCpoaie aUlhorizalian. 115 w V�141=5t=V.rtE RLCYF.1 have t erezjIito set my hang d no al7rxsd my Otfidal Seal the rtay arsd yeeir Forst ati0vu written S-����G.�fdCt;CL .SL�iL■�.-� S� - � L.CtkF�,lNc' _aLt1�CY Notary +'attic. 5'IStt of Illood tJ-.1 ;�.d�`/'� 41-1 CAW..eras �s wzs � L IS% � 4 i4 Notary Pubic My C_oammi5gi rL Expires 1211406 n TNi'Power of,Attorney limits the ads of Illose named iherrt.in 1d the bonds;Ind urdderlakinrgs SptL,f+raliy roamed lhtrciri, and they Craw no aut or4y to bind the Cornpany uxcepi in the marwcT and lo the tzleaat herein slated.. I, the urrdersapriad, a secre%iy of the AMERICAN GL1ARANTEg AM3 LIABILITY rNSURANCE �'OMPANY. do heretay cu,rtify that 1% Power of Agwney hereintapove gel torth is sirfl u1 full force and eNect,and furthef 4en4 that Section 2 of,article Ill of the By-Laws of the ^r* Company arico:ht Resolution of tliE F:oard of Die-ecrur5 set forth in s34,Pv wm of Attorney arvyslji!in force rn ttstimony +wheieat I have ho amunto sLbscyii ed iffy name and affixed Me sual of the Said Cora+parry rho _ dkV of r: I! payid+a-Bowers Stead nUnrLm.42k�'�alrlvswenis7Onai}. . �T r 2.5 PROPOSAL SUMMARY TO THE CITY OF FORT WORTH: °" The undersigned hereby proposes to furnish the equipment, labor, materials, superintendence, and any other items or services necessary to perform the removal of asbestos-containing materials as identified in Section 1.1 of this Proposal Package. All R- removal is to be accomplished as set forth in the Technical Specifications found in Section 3.0 of this Proposal Package. q, The cost estimates for each line item below shall be for all labor, equipment, materials, disposal, and any and all other costs associated with the performance of that line item under this Contract are: 11,850 square feet of wall/ceiling plaster $ 17,775.00 5,450 square feet of wall texture $ 8,175.00 2,850 square feet of sheetrock/surfacing texture $ 4,275.00 1,200 linear feet of gray window caulk $ 6,000.00 100 linear feet of transite pipe $ 200.00 TOTAL COST $ 36,425.00 The calendar duration for all phases of the project is twenty-one (21) days. The undersigned agrees to start work within five (5) days from the date of the Notice to Proceed. The undersigned acknowledges that adjacent work areas cannot be under containment or under preparation at the same time and the work is to be conducted in a total of FIVE work areas. All Proposal Documents have been submitted in one sealed envelope. x Addenda to the Request for Proposal have been received. 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. Section 2.0 -7- CONTRACTOR SUBMITTING PROPOSAL: ^� American Environmental Specialties, Inc. By: Je 1 Company Name (print or p ame of signatory) 2219 Webb Lynn Road Address (Signature) Arlington, Texas 76002 Vice President i City, State, Zip Title (print or type) 817-417-4591 817-417-4589 Phone FAX Section 2.0 -S - VP 2.6 UNIT COST ESTIMATE Additional material may be encountered during the twenty-one (21) day period of abatement. The undersigned hereby proposes the following unit costs for the removal of asbestos-containing �- materials from the Fort Worth Meacham Airport-Hangar 11-North not identified within the Scope of Work of this Proposal Package. At least those tasks shown in the following list must be included. The Contractor may wish to include additional tasks as appropriate. Each task shown below must appear on the Project Schedule and on the Schedule of Payments. The completion of each task must be associated with a project deliverable document. Deliverable documents may be a report, photograph, or an invoice that shows completion of that task. Requirements for execution and completion shall be negotiated prior to any additional work authorization. No compensation shall be paid to Contractor.for the cost of obtaining and maintaining insurance, bonds, licenses, and certifications as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Proposal. UNIT PRICES including Removal and Disposal (add rows as needed): 1. Spray-on Ceiling/Wall Texture Square foot $ J9`D 2. Wall/Ceiling Plaster Square foot $ 3. Window Caulk Square foot $ 4. Transite Pipe Linear foot $ EMPLOYEE LABOR RATES (add rows as needed or put Not Applicable as appropriate): Principal $ Foreman $ Project Manager $ Asbestos Worker $ Project Supervisor $ Clerical $ Equipment Operator $ Worker $ Section 2.0 -9- r CONTRACTOR SUBMITTING PROPOSAL: ! By: Company Name (print or type name of signatory) Address (Signature) O Jai ! City, State, Zip Title (print or type) ! Phone FAX ! ! ! ! Section 2.0 - 10 - O E 0 00 U 0 0 LL $4 -W Z. U co 0 � I, s z 0 -Fo k LU L In 0 00 u LU 14 LU Ln j LU -D Ln C: uj ro in 00 C: o ro 8 en I x E C>cu C14 r— W C-i 0 r. .0 C*4 0 = 00 w oC 0 pq 0 O co U H 00 CY) co Ln LU E PL: p U Z 0 CT LU 0 Z U co LL 0 LL co 0 u 4' to L) 41 J cg > $4 0 r-4 0 -H U) a) 0 P4 w U 2.8 VENDORS COMPLIANCE TO STATE LAW Article 601 g of Vernon's Texas Civil Statues (1985) applies to the award of contracts to non-resident contractors (outof-state contractors whose corporate offices or principal place of business are outside of the State of Texas) who are required to bid project§Dr construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident contractors would be required to under bid a noresident contractor in order to obtain a comparable contract in the state in which the non resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all oulof-state or non-resident contractors in order for their Proposal to meet specifications. The failure of oubf-state or nonresident contractors to do so will automatically disqualify that contractor. Resident contractors must check the box in Section B below. A. Non-resident contractors in (give state), our principal place of business, are required to be percent lower than residnt contractors by state law. A copy of the statute is attached. Non-resident contractors in (give state), our principal place of business, are NOT required to underbid resident contractors. B. Our principal place of business or corporate offices aril the State of Texas. xx (Check this box if statement B is true) 3 CONTRACTOR SUBMITTING PROPOSAL: ,$ American Envir6nmental By: Jerrold Andrews Company Name Specialties, Inc. (print or W name of signator 2219 Webb Lynn Road Address (Signatu e) Arlington, Texas 76002 Vice President City, State, Zip Title (print or type) 817-417-4591 817-417-4589 Phone FAX Section 2.0 -11 - .r 2.9 INSURANCE CERTIFICATES A. FOR PURPOSES OF THIS PROPOSAL, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE (S) FOLLOWING THIS SECTION AND BOUND WITHIN THE PROPOSAL PACKAGE. B. The successful Contractor will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Contractor shall deliver to the City of Fort Worth certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. The contractor shall not commence work under this Contract until it has obtained all the insurance required under the Contract, and such insurance has been approved by the City. Contractor shall keep the required insurance in force throughout the term of this Contract. 1. WORKERS' COMPENSATION INSURANCE: Contractor shall maintain, during the term of this Contract, Workers' Compensation Insurance at statutory limits on all of its employees to be engaged in work under this Contract, and for all subcontractors. Employer's LiabilMnsurance shall also be maintained, at minimum limits as follows: $100,000 disease each employee/$500,000 disease policy limit and $100,000 each accident. ,. 2. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term d this Contract a Commercial General Liability Insurance Policy at a minimum limits as One Million Dollars ($1,000,000) per occurrence with an aggregate of Two Million Dollars ($2,000,000). 3. PROFESSIONAL LIABILITY INSURANCE : Contractor shall procure andshall maintain during the term of this Contract Professional Liability Insurance at a minimum of One Million Dollars ($1,000,000) per occurrence. 4. AUTOMOBILE INSURANCE: Contractor shall procure and maintain during the term of this Contract Comprehensve Automobile Liability Insurance covering all Vehicles involved with Contractor's operations under this Contract. The minimum limits of liability coverage shall be in the amount of One Million Dollars ($1,000,000) per accident combined single limit, or Elie Hundred Thousand Dollars ($500,000) bodily injury- per person per occurrence and Two Hundred Fifty Thousand Dollars ($250,000) property damage during the effective dates of Contract and any renewal period. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collectedunder the Contract shall be included under this policy. The following shall pertain to all applicable policies of insurance (i. through 4.) listed above: Section 2.0 ? =''+ Jj�1G, - 12 - �� if a. Additional Insured Clause: 'The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth."Exception... the additional insured requirement does not apply to Workers' Compensation policies b. 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 tcthe commencement of work and the Contractor shall deliver such to the City. c. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. i d. Each insurance policy required by this Contract shall contain the following clauses: 'This insurance shall not be canceled, limited in scope or coverage, or noinenewed until after forty-five (45) Days prior written notice has ben given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. e. The insurers for all policies must be licensed/approved to do busims in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management.If the rating is below that required, written approval of Risk Management is required. f. The deductible or self insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. g. Waiver of rights of recovery (slbrogation) in favor of the City of Fort Worth. h. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. i. If insurance policies are not written fospecified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. � Section 2.0 �L�G�,1� T �n `�i -AI j. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis"". If coverage is underwritten on a claimsnade basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is clairnEnade and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. w. k. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits whendeemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be inceased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except wl'e policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE (S) FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE. Section 2.0 N9�,� � v iL, . SAC®RD CERTIFICATE OF LIABILITY INSURANCE 2 2003 PRODUCER Serial# THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE WYATT AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 130011TH STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SUITE 305-E HUNTSVILLE,TX 77340 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: STEADFAST INSURANCE COMPANY AMERICAN ENVIRONMENTAL SPECIALTIES, INC. INSURER B: ZURICH AMERICAN INSURANCE COMPANY ATTN: KAREN ANDREWS 2219 WEBB-LYNN ROAD INSURER c: TEXAS MUTUAL INSURANCE COMPANY �. ARLINGTON,TX 76002 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSR TYPE OF INSURANCE POLICY NUMBER POLAJCY EFFECTIVE POOLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 A kXASIBESTOS/LEAD MERCIAL GENERAL LIABILITY GPL 2972661-02 7/3/03 7/3/04 DPRME ES (Ea o"TcaE,rence $ 50,000 CLAIMS MADE � OCCUR MED EXP one person) s 5,000 PERSONAL a ADV INJURY s 1,000,000 ATEMENT GENERAL AGGREGATE $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 1,000,000 POLICY PRD LOC AUTOMOBILE LIABILITY TAP3763436-03 11/22/03 7/3/04 COMBINED SINGLE LIMB B X ANY Auro - �„�e1k) s 1,000,000 ALL OWNED AUTOS INCLUDES POLLUTION BODILY INJURY S SCHEDULED AUTOS LIABILITY DURING (Pe`FO—) X HIRED AUTOS TRANSPORTATION BODILY INJURY X NON-OWNED AUTOS (P«aomK) PROPERTY DAMAGE S (� ) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO - OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE s s DEDUCTIBLE $ RETENTION S s woacEKS COMPENSATION AND 0001125665 12/19/03 12/19/04 X T Y IM IT C EMPLOYERS'LWAIIJTY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 1,000,000 OFFICEMMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE S 1,000,000 p Eescrbe urWer SPECIAL PROVISIONS babw EL DISEASE-POLICY LIMIT $ 1,000,000 0Tmm DESCRIPTION OF OPERATIONSILOCATIONS NEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS FOR INFORMATION AND BIDDING PURPOSES ONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL .30 GAYS WRITTEN FOR INFORMATION AND BIDDING PURPOSES ONLY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE TIVE ACORD 25(2001/08) %_ rs7 CORPORATION 1988 2.10 CONTRACTOR'S LICENSES&CERTIFICATES Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Contractor must provide a current copy of the appropriate certifications, registrations, and licenses and related certificates with their Proposal including without limitation the ,! Texas Asbestos Health Protection Rules, as amended. ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE Section 2.0 _ - 15 - � � J u co 0 C .0 LL: 4 tv E P-0 u 0 w L) V1 O W, run) CU zs 77" 15 r13 cj CD I 7p 1.00 cn cn 0 U4-) 4-4 -1 M �4 -,1 —4 4J tn GL Go N 0 S4 CD O 00 r- (n CJ —1 4-) 4 44 G 00�o fa X E- m En M � c W `p p 71F C's Con 0 i..r U a W --O O (� v = v = E 5 � � ,-� � FUO wU � it dd O L, c rA 0-4 a ♦.y � � f E ��Y p� ►�i W z z M 1 Ni� z cn " cn h� a� ) c ) O cn p M w U iJ GL Z N Q N O S-1 go r —A 4J 7 'a �+ R N O2 W F r0 Li � 2.11 CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY A. The Contractor shall attach a written report detailing the substance, status, and outcome of any legal action brought against theContractor, its officers, employees, and any of its proposed subcontractors as a result of violations, real or alleged, of any laws, licenses, permits, and/or judicial or administrative orders relating to the protection of the environment. These include dilations that pertain to the prohibition, reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes into or onto the air, surface water, groundwater, storm water, or land. In this context, "legal action" means: 1. any enforcement action brought against by the United States Environmental Protection Agency, the Texas Natural Resource Conservation Commission (hcluding its predecessor agencies the Texas Water Commission and the Texas Air Control Board), the Texas Department of Health, and any other state and federal agency. In this context, enforcement action shall include without limitation, written warnings, rotices of violation, consent orders or agreements, compliance orders, administrative hearings, and criminal prosecution; and/or 2. any civil litigation brought against the Contractor, its officers, employees, and any of its proposed subcontractors by anyperson. _ B. The report shall include all such enforcement actions, litigation, and disciplinary action brought since within five (5) years of the closing date of this request for Proposal. C. The report shall be signed and certified by an authorized repEL-ntative of the Contractor. An authorized representative of the Contractor shall mean (1) if the Contractor is a corporation,: the president, secretary, or treasurer, or a vice = president of the corporation in charge of a principal business function, or 4rn other person who performs similar policy or decisiomaking functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. The certification shall be worcE�d as follows: "I certify under penalty of law that attached report of Contractor's Legal History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. Iam aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." = Section 2.0 -16- INCLUDE A COPY OF THE REPORT FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE v Section 2.0 -17- American Environmental Specialties, Inc. 2219 Webb Lynn Road, Arlington, Texas 76002 Phone (817) 417-4591 Fax (817) 417-4589 BIDDER INFORMATION ➢ I, Jerrold Andrews, hereby certify that American Environmental Specialties, Inc. has two citations from the Texas Department of Health: • ["Failure to Install Proper Critical Barriers" at Robert T. Hill Middle School which was resolved on July 8, 1998. While encapsulating the containment, a critical barrier fell down.] • ["Failure to have department-issued card on-site" at University of North Texas — West Hall], which was resolved on June 21, 2001, and that, ➢ American Environmental has never had a contract terminated, and that, ➢ American Environmental (or employees scheduled to participate in this project) is not currently involved nor has participated in any asbestos-related legal proceedings/claims. Additionally, I certify under penalty of law that attached report of Contractor's Legal History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. January 29, 2004 Jerr d Andrews, Vice Presi e Date C January 29, 2004 NotLry, Angelica Petruzzelli Date ANGELICA PETRUZZELLI " MY COMMISSION EXPIRES "; � February 28,2004 r Certification of Contractor's Legal and Corrphance History Complete One of the Following Certifications: I certify under penalty of law that the attached report of Contractor's Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including ,. the possibility of fine and imprisonment for knowing violations. CONTRACTOR America n ironmental Specialties, BY: Jerrold Andrews Company Inc. (print or type name of signatory) �., Vice President (signature) Title(print or type) 1-29-04 Date I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, I hereby certify that no legal action 4. relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees,or Contractor's proposed subcontractors within the preceding five years To the best of my knowledge and belief this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR BY Company Name (print or type name of signatory) (signature) _ Title(print or type) Date 4M Section 2.0 'f� +B.i'1 r•� it FORT WORTH City of Fort Worth �- Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the IWWBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by NEnority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 13 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required.to comply w ith the intent of the City's NVWBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal received by 5:00 p.m, five (5) City business days after the bid is met or exceeded: o enin g date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m, five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you received by 5:00 p.m., five (5) City business days after the bid w ill perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint received by 5:00 p.m, five (5) City business days after the bid venture to met or exceed goal. o enin date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY' S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Rev.5130/03 Any questions, please contact the MfWBE Office at (817) 871-6104. v a I ATTACHMENT 1A Page 1 of 4 FC_)Ei F WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime American Environmental Specialties, Inc. X PROJECT NAME: ww/DBE NON-M/W/DBE Removal of Asbestos Containing Materials at Meacham BID DATE International Airport — Hangar 11—North 1-29-04 =-13 Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER % 5 % DEM04-05: MR-11N Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, w ill result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the NVWBE firms) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MMBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1s` tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (WWBE). If hauling services are utilized, the prime will be given credit as long as the NVWBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The WWBE may lease trucks from another M/WBE firm, including WWBE ow ner-operators, and receive full NVWBE credit. The IWWBE may lease trucks from non-fWWBEs, including ow ner-operators, but w ill only receive credit for the fees and commissions earned by the lVVWBE as outlined in the lease agreement. Rev.5/30/03 M, ATTACHMENT 1A F[1K'[_ GV[}R'�H Page 2 of 4 -_ Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Mnority,Women and non-M/WBEs. Please list MWBEfirms first,use additional sheets if necessary. Certification N (check one o SUBCONTRACTOR/SUPPLIER T n i N T Detail Detail Company Name Address e M W C X Subcontracting Work Supplies Purchased DollarAmount Telephone/Fax r B B R p E E C T A Resource Environmental 1 X OSHA Air $1,821.25 Consulting, Inc. Monitoring P.O. Box 801462 Dallas, Texas 75380 972-385-4535 972-385-7161 45 'Rev. 30/03 I ATTACHMENT 1A FORT- Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-WWBEs. Pease list MUBEfirms first,use additional sheets if necessary. Certification 1, (check one) C 3 SUBCONTRACTOR/SUPPLIER T r N T Detail Detail Company Name I Address e M w C X Subcontracting Work Supplies Purchased DollarAmount Telephone/Fax r B B R O E E C T A i i' 71' i Rev.5/30/03 l ATTACHMENT 1A FoRTWORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 1,821.25 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 0.00 .. TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 1,821.25 VP The Contractor w ill not make additions, deletions, or substitutions to this certified list w ithout the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord w ith the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBEgoal. If the detail explanation is not submitted, it w ill affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including WW/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interview s w ith ow ners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the MW/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or know ing misrepresentation of facts w ill be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City w ork for a period of time not less than one (1) year. Jerrold Andrews Author u e Printed Signature Vice President Title Contact Namefritle(If different) American Environmental Specialties, Inc. 817-417-4591 / 8177-417-4589 Company Name Telephone and/or Fax VM 2219 Webb Lynn Road ierry @american—environmental.com Address Email Address or Arlington, Texas 76002 1-29-04 City/StateOp Date Rev.5/30/03 J!Nb: •t •.. 11'x: 1 I• ,• 'X ''=:J lllty; •� 7C N. ...... 1lJI\1 ••l; n' �•«"iii�•" 1 i. \h�.,,��, •.• /I ..l. .�i.; .'�Iru .�:~ 1�'�a •t h ?:^-..•••.•� /IlT �� �'Ar•.•"'�::d "i, m"•, iu• u,£"".• •ii,rr 'in r .� -K n'x - Wlln1{u m #� . •r �'�' ."�N. nu•.......- a Nl/!,q1x w,},r"• vf/oR1e =�'��:' u., rrwu.!-•..n - 10... Nr_t.{I�•,.,ii'� -'�ya..'."�s u - ,-,:rr w " 'r.a. 4,. '•na ^u ! rr' .' rua.lr _� ul_ :n a .ru - M �,All c- 3 u/ T-NI \pr. 4Y"� - +I \q. rU \\Nr '1 •Sr O U H1.= Y 3x+fa I � - -- w4�%-G.__ •}����ry� U .•cy tu tz O y Q - '' W EL - '{? CL s 3Y CO) o rz C44 � C N a • 1 ,. mp lam .:: C Qr irj c'D m CL cn CD `j`� ♦� ^ ' U U C �c O V. 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The Texas Building & Procurement Commission (TBPC), 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 09-MAY-2003, supersedes any registration and certificate previously issued by the TBPC'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 registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the TBPC's HUB 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. CertificateNID Number: 1731339296500 Paul A. Gibson FileNendor Number: 62334 HUB Certffication & Compliance Supervisor Approval Date: 30-NOV-2001 Texas Building & Procurement Commission Expiration Date: 30-NOV-2005 (512) 305-9071 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 Certificate/VID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (6ftp://www.tbpc.state.tx.us) or by contacting the TBPC's HUB Certification and Compliance Program at (888) 863-5881 or(512) 463-5872. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/11/2004 - Ordinance No. 15909 DATE: Thursday, March 11, 2004 LOG NAME: 52HANGAR11 N REFERENCE NO.: **C-19992 SUBJECT: Adoption of Appropriation Ordinance and Approval of Contract with American Environmental Specialities, Inc. for Asbestos Abatement Services at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with American Environmental Specialties, Inc. for asbestos abatement services of Hangar 11 N at Fort Worth Meacham International Airport; and 2. Approve the transfer of $36,425 in undesignated funds in the Environmental Management Fund to the Environmental Management Project Fund; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund by $36,425. DISCUSSION: The TRAJEN Corporation (TRAJEN) has a long-term lease on Hangar 11 N and desires to renovate the building. The hangar is one of the original facilities at the airport, and is approximately 75 years old. TRAJEN proposes to invest $250,000 in renovations to the facility, most of which will be accomplished through interior work. They have also proposed to rejuvenate the building's exterior in an attempt to bring it back to original condition. All regulated asbestos-containing materials located in Hangar 11 N must be removed prior to remodeling of the structure, in order for the City to be in compliance with state and federal regulations related to asbestos-containing materials in City-owned property. TRAJEN has requested that the City remediate the environmental issues to help facilitate the proposed renovations. Approximately 36,150 square feet of asbestos containing materials will have to be removed. Proposals were received January 29, 2004, from the following firms: Access Environmental, LLC Air Quality Associates, Inc. American Environmental Specialties, Inc. ARC Abatement I, Ltd. Basic Industries, Inc. Cactus Systems, Inc. CST Demolition & Environmental Services Horsley Specialties, Inc. Inca-Sol Environmental Services, Inc. Sisk-Robb, Inc. Logname: 52HANGARI IN Page 1 of 2 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 recommends the award to American Environmental Specialties, Inc. American Environmental Specialties, Inc. is in compliance with the City's M/WBE Ordinance by committing to 13% MM/BE participation. The City's goal on this project is 13%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Environmental Management Project Fund. TO Fund/AccountlCenters FROM Fund/Account/Centers R101 593410 052200403000 $36,425.00 R103 538070 0521100 $36,425.00 Submitted for City Manager's Office by_ Marc Ott (6122) Originating Department Head: Brian Boerner (8079) Additional Information Contact: Mike Feeley (5403) Logname: 52HANGARI IN Page 2 of 2