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HomeMy WebLinkAboutContract 30495 i I s Or^PETARY ".i_ n10 STATE OF TEXAS § CITY OF FORT WORTH COUNTY OF TARRANT § CONTRACT FOR REMOVAL OF ASBESTOS CONTAINING MATERIALS AT THE FORT WORTH CONVENTION CENTER This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant County Texas, ("City"), acting through Libby Watson, its duly authorized assistant city manager, and ARC Abatement I Ltd., a Texas corporation, acting through _ `� ��i c, ho;�C,�II its duly authorized president/vice-president ("Contractor"). WHEREAS, the City desires to conduct a project to remove and dispose of asbestos containing materials from the Fort Worth Convention Center located at 111 Houston Street, 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. Asbestos abatement Convention Center 9.1.04v2 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 Technical Specification attached as exhibit "A", the Contractor's Response to the Request for Proposals for Project (DEM:04-05:FWCC-ASB) attached as exhibit "B" and all ancillary documents. Contractor shall mean ARC Abatement I Ltd. 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 01.07.04v2 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 from the Fort Worth Convention Center located at 111 Houston Street, Fort Worth, Texas as directed by the City in the Request for Proposals DEM04-05:FWCC-ASB. 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: Approximately 5,000 ft2 of ceiling plaster. All removed ceiling plaster is to be disposed of as asbestos-containing material. All ceiling plaster removal is to be completed within a full negative pressure containment, and all debris (supporting metal lathe, fiberglass insulation and miscellaneous scattered debris) generated from the removal is to be disposed of as asbestos-containing waste. 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 Convention Center, 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 "A". 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. Contract for Removal of Asbestos CRP 01.07.04v2 Page 3 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; 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 four (4) 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 $22,411.00. 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 Sections 2.5 and 2.6 of the Contractor's Proposal, attached herein. Contract for Removal of Asbestos CRP 01.07.04v2 Page 4 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 I . 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. 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 Contract for Removal of Asbestos CRP 01.07.04v2 Page 5 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 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." Except 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 Contract for Removal of Asbestos CRP 01.07.04v2 Page 6 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 q: VII in the current rA. M. Quest 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 the Risk Manager 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 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, Contract for Removal of - Asbestos CRP 01.07.04v2 Page -7 = 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. 7. INDEMNIFICATION A. For purposes of this contract, the following words and phrases shall be defined as follows.- 1 ollows: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; Contract far Removal of Asbestos CRP O1.07.04v2 Pace 8 AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this section shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when 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. G414 I n+W+-i ar)a(1y D m--tej Contract for Removal of Asbestos CRP 01.07.04v2 Page 10 1. 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 (30) period, out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six (6) month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been 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 Contract for Removal of Asbestos CRP 01.07.04v2 Page 11 8. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by removing, transporting and disposing of asbestos containing materials. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state, local and federal laws governing its activities. Contractor also warrants that it is under no restraint or order that would prohibit performance of services under this Contract. 9. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this Contract, and during the duration of the Contract, it shall have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this contract. B. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this contract. 10. TERMINATION A. City may terminate this Contract, with or without cause, by giving 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. Contract for Removal of Asbestos CRP 01.07.04v2 Page 12 11. DEFAULT 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. D. In the event either party defaults in the performance of any of its obligations under this Contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this Contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15) day period, or if the default cannot be cured, the Contract shall terminate as of the date provided in the notice of default. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. 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 Contract for Removal of Asbestos CRP 01.07.04v2 Page 13 related to this Contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment is paid under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. C. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. 13. MINORITY AND WOMEN BUSINESS ENTERPRISES In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance, Contractor agrees a minimum of fifteen percent (15%) of the total dollar value of this Contract will be paid as compensation to certified M/WBE firms. Monthly reporting is required to the City of Fort Worth — M/WBE 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. Contract for Removal of Asbestos CRP 01.07.04v2 Page 14 15. NON-DISCRIMINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 16. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 17. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $ 1,000.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 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 Contract for Removal of Asbestos CRP 01.07.04v2 Page 15 while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 19. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. 20. NOTICE Notices required to be made under this Contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to Contractor: 11 Name: NIL �� e Etat Address: Q`I �L5 a ,o�1 PIaGe- G&'C \a Y-\ , -I5Dy Telephone: qla X11 1543 FAX: ala �'1I 15%L Contract for Removal of Asbestos CRP 01.07.04v2 Page 16 21. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. 22. SEVERABILITY The provisions of this Contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Contract, and this Contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Contract. 23. ENTIRETY This Contract, the Contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other Contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 24. MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in writing and signed by both parties. T his Contract has been executed by the parties in triplicate in Tarrant County, Texas on this date, C' pre -1 , 2004. City o Wort ARC Abatement I, Ltd. Lib Watson', Asst. City Manager BY; eaen C ic)c_� c�Vres.d eii APPROVED AS TO FORM WITNESS: Nv'�a;� r ,V"4 / Assistant)City Attorne Name: i Ir,e�25;� t'e�lna►n Title: Contract for Removal of Asbestos CRP 01.07.04v2 Page 17 ATTEST: CORPORATE SEAL: arty Hendrix, NY Secretary Lb )retract Authorization ate Contract for Removal of Asbestos CRP 01.07.04v2 Page 18 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. DEM 0y-o5 :rWLc-gs(3 . (CONTRACTOR) iAiZC By: f tCR- Title Date STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared L1e known to me to be the person whose name is subscribed to the foregoing instru'rTient, and acknowledged tqQ me that he executed the same as the act and deed of 'ARC car, , �e,,mP-n-t -T, L_+d for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of Se t r , 20 DOREM MMM Notary Public in and for the State of Notefy"Ic Texas State of Texas �T My Commission Expires April 9, 2007 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. 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 certificate 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". AM bate n Proposal Fuse Asbestos Abatement At Fort Worth Convention Center City of Fort Worth Project: (DEM04-05: FWCC-ASB) August 12, 2004 2.0 PROPOSAL DOCUMENTS *ALL PROPOSAL DOCUMENTS MUST BE SUBMITTED IN THE SAME ORDER AS RECEIVED FROM THE CITY, AND • WITHIN A BOUND PACKAGE: *FAILURE TO SUBMIT ALL OF THE FOLLOWING ITEMS IN A SEALED ENVELOPE MAY RESULT IN THE PROPOSAL { BEING CONSIDERED NON-RESPONSIVE. t i l Section 2.0 2.1 PROPOSAL DOCUMENT CHECKLIST All Proposal Documents, including this Checklist, should be completed in full and submitted in a sealed envelope in the order requested, to be considered as a responsive submittal. Proposal Documents Initial if Included 1. PROPOSAL DOCUMENT CHECKLIST { 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 1�' 8. VENDOR'S COMPLIANCE TO STATE LAW -r's' 9. INSURANCE CERTIFICATES 10. CONTRACTOR'S LICENSES AND CERTIFICATES 11. CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY 12. CONTRACTOR'S QUALIFICATIONS/EXPERIENCE 13. CONTRACTOR'S WRITTEN DOCUMENTATION 14. CONTRACTOR'S WORK HISTORY W/QTY 15. PROPOSAL PRESENTATION COMPLETENESS I understand that all of these items will be reviewed, and any items not included may result in my Proposal being considered non-responsive. Title '016, Company �— l Section 2.0 L . -2- 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDUM 2.2.1 Check if applicable �/ The undersigned acknowledges the receipt of the following addendum (a) to the Request for Proposal, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 V (date received) / Addendum Number 2 (date received) Addendum Number 3 1 �1 (date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Proposal. CONTRACTOR: 14 By: kc Company Name (print or type name of ig atory) Address (Signature) .Gw-7 C'c , I X- j i �_ C C�=, T City, State, Zip Title (print or type) Section 2.0 -3- 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 15%goal. <OR> 2. Good Faith Effort documentation. <OR> 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 F 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. I l l . 1. Section 2.0 _ y �. -4- 1 L 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. i Section 2.0 l -5 - 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$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required 'herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE 1 Section 2.0 -6 I _ 3 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond4, ZA22906 KNOW ALL MEN BY THESE PRESENTS, that we ARC ABATEMENT INC (Here insert full name and address or legal title of Contractor) TEXAS as Principal, hereinafter called the Principal, and ARCH INSURANCE COMPANY (Here insert full name and address or legal title of Surety) 3 Parkway, Suite 1500,Philadelphia,PA 19102 a corporation duly organized under the laws of the State of MISSOURI as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF FORT WORTH (Here insert full name and address or legal title of Owner) TEXAS as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE BID AMOUNT NOT TO EXCEED 51,750.00 Dollars ($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 insert full name,address and description of project) _. ASBESTOS ABATEMENT FORT WORTH CONVENTION CENTER 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 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 anotherF=rtY to perform the Work coyered by said bid, then this obfigotherwise ation shall be null and void, otheise to remain in full force and effect. Signed and sealed this 10TH day of AUGUST 2004 ARC ABATEMENT INC (Principal). -(Seal) (Witness) % /' ✓��_� _ Title).. ' , ARCH INSURANCE CC/PANY r 1i (Sea!) MARIA.'GON7_ALEZ 'tTitfe) Att)Srney-iri Fact � l v AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 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 j LOSSES 1 The United States will pay ninety percent (90%) of covered terrorism losses exceeding 1 the applicable insurer deductible. 1 t I . In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 23rd day of April , 20 04 Arch Insurance Company Attested and Certified r ce C - CORPORATE 'O ` SEAL = ^ Q 1971 . V Nissou ri Edward M. Titus, Vice President Mary J n Anderson, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents 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. NOTARIAL SEAL KATHLEEN MARCINKLIS,Notary Public City of Philadelphia, Phila.County Kath een Marcinkus, otary Public My Commission Expires February 25,2006 My commission expires 2-25-06 CERTIFICATION 1, Edward M. Titus, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 23, 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 Mary Jeanne Anderson, 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 day of (— `C--� 20('_)�- Edward M. Titus, Vice President 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. Jtsnce lig G r CORPORATE u SEAL ; 63 1911 t� rnt,�a Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. 2.5 PROPOSAL SPUMMARY 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 removal is to be accomplished as set forth in the Technical Specifications found in Section 3.0 of this Proposal Package. 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: Removal of approximately 5,000 square feet of ceiling $ , faster, Transportation of debris to landfill $ "7 Landfill disposal costs $ -� TOTAL COST $ / The calendar duration for all phases of the project is 4 (four) days. The undersigned agrees to start work within five (5) days from the date of the Notice to Proceed. All Proposal Documents have been submitted in one sealed envelope. Addenda to the Request for Proposal have been received. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and Wil remain valid for 120 days from the date of subm teal. 1 Section 2.0 -7- CONTRACTOR SUBMIT TING PROPOSAL: 7) Company Name // (print;or type name of signa orgy). IM,OCT N 10- Address (Signatures C. )rt'�C�, 1 � � � ' 1 1 le l �E'c- { City, State, Zip Title (print or type) Phone FAX i Section 2.0 _g _ i { 2.6 UNIT COST ESTIMATE ( Additional material may be encountered during the four(4) day period of abatement. The undersigned hereby proposes the following unit costs for the removal of asbestos-containing d materials from the Fort Worth Convention Center 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): ORM k 1. Spray-on Ceiling/Wall Texture Square foot ^$ 2. Wall/Ceiling Plaster Square foot $ S ( 3. Transportation Costs Cubic Yard $ 7 4. Disposal Costs Cubic yard $ r EMPLOYEE LABOR RATES (add rows as needed or put Not Applicable as appropriate): y .' NW, �= � .,,."G`:.:+n'�r 'f•3`.,t ".':�^ .-.e..'�cnas�sx " ...",-xs•^ *,ate-�?�,r„ Principal $ �j`% Foreman $ -3 j Project Manager $ )% Asbestos Worker $ Project Supervisor $ Clerical $ Equipment Operator $ A.1A Worker $ 14/1)J l Section 2.0 -9- CONTRACTOR SUBMITTING PROPOSAL: By: v Company Name v (print or type name of signa o Address (5ignure) J% City, State, Zip Title (print or type) 01 —1 C1 I Phone FAX Section 2.0 -10 - LL I LU vi C LU LU LU vi Wro o tz ro 0 u E Q) F6 1 i LU ri ro U i; a ri � i ``In � ,� `j j i L� �J-"} -�� 4 tall CLLU Z to0 u 7v- I z u) 0I ILL. 0-4 C) Ul 0 > 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 projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident contractors would be required to under bid a neresident contractor in order to obtain a comparable contract in the state in which the non resident's principal place 6 business is located. The appropriate blanks in Section A below must be filled out by all ou#bf-state or non-resident contractors in order for their Proposal to meet specifications. The failure of ou�bf-state or nonresident contractors to do so willautomatically 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 resident 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 are in the State of Texas. (Check this box if statement B is true) CONTRACTOR SUBMITTING PROPOSAL: Company Name (print or type name of I signatory), Address !(Signature) Jf `leis VIVDA, � X ( may � �� l C L�I City, State, Zip' Title (print or type) Lc Phone FAX r Section 2.0 � _11 _ 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 Liability Insurance shall also benaintained, 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 of this Contract a Commerial 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 and shall maintain during tl�e 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 Comprehensive Automobile LiabilityrIsurance covering all Vehicles involved with Contractor's operations under this Contract. The minimum limits of liability coverage shall be in the e aimOUnt Of 0ii2 Million Dollars ($1,000,000) per accident combined single 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 tis 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 shalbe included under this policy. The following shall pertain to all applicable policies of insurance (1. through 4.) listed above: Section 2.0 { - 12 - a. Additional Insured Clause: 'The City of Fort Worth, its officers, agents, employees, and representatives are added asadditional 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 to the 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. 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 nonenewed until after fortyfive (45) Days prior written notice has been given to the Directoof 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 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 fiat 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 assetvalue 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 (subrogation) in favor of tb 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 i. If insurance policies are not written for specified coverage lim)tan Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Section 2.0 - 13 - j. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis"". If coverage is underwritten on a claim5made 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 claimEnade 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 sutmitted to the City shall evidence such insurance coverage. 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 when deemed necessary and prudnt 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 pmt 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 requestand 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 areestablished 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. 1 I L Section 2.0 [ -14- ACORD. CERTIFICATE OF LIABILITY INSURANCE - I c7�i4J200� P�eC-"G° Ser Pl 1 GO �"I THIS CEFT IFICATE IS ISSUED AS A M, i ER Or!NFORMATION THE WYATT AGENCY I ONLY AND CONFc:;S NO RIGHTS UFCN THE CE;,T IFIGATE HOLD;F, THIS CER IFICAT F i OFS NOT ,AMENC, EXTEND OR 13DO il-rh ST Rff_-r LjER Tn COVER_�.GC AFFCFDED BY THE PCLICi=S BELOW. sur-15 305-C { HUNTSVILLE,TX 7M-110 INSURERS AFRDRDINO COVERAGE NAIt 3 !M1"jl�_s I Issue:A: STEADFAST INSURANCE COMPANY ARC ASATEMENT, I, LTD. !N9URER E' ?URIGH A`�=RICAN iNSURA.NCE'^ha?ANY 207 P.41%17HFn WAY Ncv1c1 c: I HEWI T,'TX 76443 IN9u;zn D; Ir:auR67.`c; COVE.RACES THE FOLICIES 0r"INSUtANCc L ISTED 6F;CV4 Hl,V`c BEcN ISSUED I C TH:Ih'SUPF-D NAMED ASOV6 r0R THE POLICY PERIOD INDICA T E0.NOTV�ITHSTANDiN; ANY RECUTAE67ENT,7enh9 OR CONDITION OF ANY CONTRACr 0n O T HER CO(;UMENT WITH F>TSPCCT O WHICH THIS C"cn I IFICATc ru1AY EE ISSUED OR MAY PERTAIN,THE INSUFZANlGEAFFORDSb EIY THE ROLICFC nPsr,RIPF0 HERc"N IS SUHJE�-,TC ALL THE T=RMB, ECCLUCIONC F.ND CONCITJON�OFSUGH FOLfCIES,AAGRECATE LfMFr5 SHOWN MAY;-LAVE 36cN R.FCUCEG&Y F"AID CUMMS. I•RpP le'. I ee ne lua, POQl;.Y■r-ECTIE 1p,7LfCY EXP!RATYJN -K ."4t;c PO DC,.- tir, AT2!..tFrc :n L1M!TF I QExErA: L1Aelu-,y y L1 _ ,,~: =mor;occuti-�;�ce 1,000,000 A X�con•te�CIALCENERaLunvv!r� GHL-29;532:,03 9111103 Sll1:Od o ^'s is _" _�} 4 50,000 CLAIMS FAAD: CUF. 6f� EX° (Am.oae•yareonl s 5,060 }( «_;__..,rft ,•'MIC)L0 =PS_1NALAAOv;NllupY JS 1,u^Q6,DC� X POLLUTION LIABILITY G;;N;Fo%LACGPEGA7- Is1,000,000 GEWL,AGC'AGIIAtE LIMIT APPyI=o R2R; ❑ROGUCTR•CO1+!-I"ar=c S 1,06a,D00 ?CLICY J R, . am- Lor, A=KOUILE L(•A.GLLITY l A P 3 7 5124,-U3 711�I04 9!1 1104 ^DN,u!NED SI[JGL:;I,Ifril" � Q�C.l7U0 (Bo hod Cen L) B ?C nmv:.uro .ALL 01rVNc0 AU?^_H UCC)ILY INJURY 1 SC N:'D'JL`D AUTC5 (Per pert_,) X Nlt?EDAulc.- BODlLYINJURY X MON-'JW(PEO nu70S ( Psr accLirO } X POLLUTION LIA_'LITY IPeor ROTa Y ONS r�E vA"Wn 114a1LSr1' ,AUTC ONL"•,r-.{-'ACCCEN7 a ANY At IY� CTHE.R,HAN A.ACC I S AUTO ONLY; AGC cEssn�r g =_LL=UA�L71 I PACI•!OCCURRENC= i CDCU rt Q�,.Alrra rano= I � � r.GGR=i,Ai� �= DEZ)UCTIoLS I I c rct I EN I ICN 5 WORK;R,sCOhIPERSATIQNVic ,AJC 35763.22-U4' Ii 0111103 9111104 K ITOR sI.IPI!T's =a" B 9MPLOYERT L!AZLrrY . ANY F?OPP,'�YG;1'MRT^r� ��11ve , G1,LA 14,A.''10C—:!NT S i,QQO,QQQ cF IGc'Rh?nn9ER6XCLUCE07 I ELD;c�aSZ-EA EdP'.CYE-m t 1,060,000 II rae•de5aiye ung• _ � Y I.t� 1•Q_0 000 S?=Di41 CnDVIPIONa"5=cw _�7tSEAc__p. Lr^ r!.w- (1 D:]ClltPTf'�N CIS U!',:1(q77'�N✓I.OCSTfCN$r�/L`}yl.�.lTS_XCLLI6ION'S Au^��UY E}I�DrZGS kILN„��CC!AL iP'.]V151.^�N$ _ FOR INF'ORw1ATICN AND BIDDING FURPOS_E5 ONLY i CERTIFICATE HOLDER; C„NCEI-LAT10N _ 1 ShOULD ANY Or-,<A&GVE DESCRI35D FOLICIES eE CANCc'.!ZD SE?ORSTFiE W117ATION 1 OATS 7H5RcDF,rib 155UIN6 INSUk2T WILL EN06nvD� O R A,lL 3Q DAYS sttT! 7EN ' NOTIC W?O TH_C-:Tic lrtnr n!11.n��nw M==To 7H!_F-,DU7 MitUr�T^DO CO 3rV L rQR INF( ?MATIC)N AND 31DDff1G PUR(p [C ONLY IM?CSE6.1, ION,OR'_'A°I_l i1`nc qr,;v KWID UPON 71E!t SUJ[ER.f7o-AGE..Wj OF atITHORC:E�RFD�p lT4�VO �\� II I L acaRa 2,120-0;ro8) 1 C AcoRD coRr-'0rlgea i 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 appopriate 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 1 i Section 2.0 l15 i _ rn C-1 ' ,N �. �i j� r 'vim. d��� •:J, j �. ;w 3 t;1{C'1:. it 1I i r 7 ar� vii z i� U p CD •� rc .r� U �• x 75 w r a J M C� •; p r Cv CO (1) ^ _ C/D U �cn cn T 1 r J �J � 3 o 4, U N r0 �-+ a) C L O 4 U 4••f O O -.+ m J w �+ CIO N m N O 34 N a) � aCi � � � •a � w m x w L. 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 the Contractor, 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 violations that pertain tothe 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 vzter, 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 (including its predecessoiagencies 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, notices of violation, conent 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 any person. 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 representative 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 any other person who perfoms similar policy or decisioFinaking 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 worded 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 m 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 aresignificant 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 i z I i t i Section 2.0 _17_ L - Asbestos Abatement Mold Remediation ^ Lead Removal 2710 National Place,Garland,TX 75041 Demolition 972-271-1583/fax 972-271-1586 1800-495-4272 www.arcabatement.com/dallas@arcabatement.com Restoration t To Whom It May Concern: ARC Abatement I, LTD. has incurred no penalties through non-compliance project specifications including liquidated damages, overruns in scheduled time and resolutions. Furthermore, there have been no citations issued by federal, state or local regulatory agencies for ARC Abatement I, LTD. There arepending or threatened legal proceedings / claims for which ARC Abatement I, LTD. has participated in or is currently involved in. ARC Abatement I, LTD. has incurred no situations in which a contract has ( been terminated. The above statements are true and accurate statements of ARC Abatement I, LTD. t t nR: ChappeIl rV e 'resident Date Subscribed and sworn to before me, by the said Steve Chappell, this day of Quaus� , 2004, to certify which vritness"m�hand and seal t of office. My commission expires May 04-09-2007. g-ia-o y Theresia L. Trahan L Notary Public Date State of Texas M`�'""AN Notary Public County of Dallas state of Texas r� My Commission Expires April 9,2007 l_. �. Ausrin Pallas Kawitt ftc-q Certification of Contractor's Legal and Compliance History Corrlplete One of the Following Certifications: I certify tinder 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 informtion submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information,the infomntion 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 irrprisonnnent for knowing violations. CONTRACTOR: BY: Company Name (print ortype name ofsignatory) (signature) Title(print or type) 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 subcontractor was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the infomria.tion submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gatherilg the nifomration, I hereby certify that no legal action relating to the protection of the environTmnt was brought against Contractor, Contractor's officers, Contractor's er:rployees,or Contractor's proposed subcontractors withal the preceding five years To the best of my knowledge and belief, this statement is tnie, accurate, and complete. I am aware that there are significant penalties for submitting false infonmtion, including the possibility of fuze and in-prisonment for Itnowing violations. CONTRACTOR: BY Company Name (print ortype name ofsi natxe ca(y� JigrraC re) i} Title(print or type) zs l Date L Section 2.0 18 - AlA Document A305— Electronic Fornmi Contractor's Qualification Statement 1986 EDITION 'I'I-IIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES:CONSULTATION WiTH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR M ODiFICATiON. AUTHENTICATION OF THiS ELECTRONICALLY DRAFTED .AiA DOCUMENT MAY BE M ADE BY USING AIA DOCUMENT D401. This form is approved and recommended by The American Institute of Architects(AiA)and The Associated General Contractors of American(AGC)for use in evaluating the qualifications of contractors.No endorsement of the submitting party or verification of the information is made by AiA or AGC Copyright 1964. 1969.1979.©1986 by The American institute of Architects. 1735 New York Avenue N.W,Washington D.0 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AiA violates the copyrialit laws of the United States and will be subject to legal prosecution. The Undersigned certifies under oath that the information provided herein is true and sufficiently complex. so as not to be.misleading. --�r. I r 1 , i SU13MITTED TO: t"y '— } ' ✓✓i %kl ti ADDRESS: SUBMITTED BY: ARC Abatement 1,Ltd. Corporation ❑ NAME. Ron Daniel Partnership X ADDRESS: 207 Panther Way Individual C Hewitt, TX 76643 PR INCIPA 1,OFF ICE: Same Joint Venture Other ❑ NAME OF PROJECT(if applicable): TYPE OF WORK(file separate form for each Classification of Work): General Constriction HVAC _ 1']unil>hrg Electrical X Other(please specify) Asbestos Abatement 1.ORGANIZATION l.1 How many years has your organization been in business as a Contractor? 12 1.2 How many years has your organization been in business under its present business name? 12 1.2.1 Under what other or former names has your organization operated? N/A 1.3 If your organization is a corporation,answer the following: 1.3.1 Date ofincorporation: 8/1/91 1.3.2 State of incorporation: Texas 1.3.3 President's name: Ron Daniel 1.3A Vice-president's name(s) Lisa Daniel Steven R. Chappell Jerry Fields 1.3.5 Secretary's name: Lisa Daniel 1.3.6 Treasurer's name: Don Daniel ©1986 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW.,WASHINGTON, D.c. 20006-5292:AfA DOCUMENT A305- CONTRACTOR'S QUALIFICATION STATEMENT-1986 EDITION-AIA@-WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:sample a305 contractor's qualification statement.aia- 4/17/2003.AIA License Number 1101478,which expires on 10/15/2003. Electronic Format A305-1986 1 1.4 If your organization is a partnership,answer the following: N/A 1.4.1 Date of organization: 1.4.2 Type of partnership(if applicable): 1.4.3 Name(s)of general partner(s) 1.5 If your organization is individually owned,answer the following: �r/A 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 if the form of your organization is other than those listed above,describe it and name the principals: N/A 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business,and indicate registration or license numbers,if applicable. Asbestos Removal—Texas License# 80-0764 Asbestos,Lead and Class One Transporting—License 440-0105 TX Lead Removal—Texas #N/A Air Monitoring—Texas# 70-3452 Bio-Remediation (Mold &Mildew) 2.2 Listjurisdictions in which your organization's partnership or trade name is filed. Texas 3 EXPERIEN, CF. 3.I List the categories of work that your organization normally performs with its own forces. Asbestos Removal Lead Removal Transporting and Disposal O &M Projects 31.2 Claims and Suits.(If the answer to any of the questions below is yes,please attach details.) 3.21 Has your organization ever failed to complete any work awarded to it? No 3.2.2 Are there any judgments,claims, arbitration proceedings or suits pending or outstanding against your organization or its ' officers? No 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No 3.3 Within the last five years,has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?(If the answer is yes,please attach details.) No ©1986 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW" WASHINGTON, D.C. 20006-5292. AIA DOCUMENTA305 CONTRACTOR'S QUALIFICATION STATEMENT- 1986 EDITION• AIA@- WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:sample a305 contractor's qualification statement.aia--4/17/2003, AiA License Number 1101478,which expires on 10/15/2003. Electronic Format A305-1986 2 3.4 On a separate sheet, list major constriction projects your organization has in progress, giving the name of project, owner, architect, conta;.t amount,percent complete and scheduled completion date. 3.4.1 State total worth of work in progress and undercontract: $500,000.00 3.5 On a separate sheet, list the major projects your organization has completed in the past five years,giving the name of project,owner, architect,contract amount,date of completion and percentage or"the cost of the work performed with your own Forces. SEE ATTACHED LISTING 3.5.1 State average annual amount of construction work performed during the past five years: 2.5 Million Annually 3.6 On a separate sheet,list the construction experience and present commiunents of the key individuals of your organization. SEE ATTACHED RESUMES 4. REFERENCES 4.1 Trade References: Richards Equipment—2200 Franklin Avenue,Waco,TX 76710 (254) 754-2351 Abatis Environmental—East Plains,Dallas TX (800) 426-3983 W.W.Grainger & Co.—6901 Imperial Drive, Waco, TX 76712 (254) 751-1415 ± 4.2 Rank References: Bank One Texas,N.A. 320 North New Road ' Waco, TY 76710 (254) 751-2972 Contact: Dave Monoghan 4.3 Surety 4.3.1 Name of bonding company: Credit General Insurance Company 4.3.2 Name and address of agent: The Wyatt Agency,Huntsville,Texas ©1986 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT A305 CONTRACTOR'S QUALIFICATION STATEMENT - 1986 EDITION -AIA@ -WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted 'below. User Document: sample a305 contractor's quaiification statement.aia-4/1712003. AIA License Number 1101478,which expires on 10/15/2003. Electronic Format A305-1986 3 FINANCING 5.1 Financial Statement. 5.1.1 Attach a financial statement,prefeiabiy audited,including your organization's iatest balance sheet and income statement showing the following items: Current Assets(e.g,cash,joint venture accounts,accounts receivable,notes receivable,accrued income,deposits,materials inventory and prepaid expenses); Net Fixed Assets; SEE ATTACHED COPY OF FINA`N CIAL STATEMENT Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes);` Other Liabilities(e.e.,capital,capital stock,authorized and outstanding shares par values,earned surplus and retained eamings). 5.1.2 Name and address of firm preparing attached Financial statement,and date thereof: Harelik& Fields,W ico,.TY 76710 5.1.3 Is the attached financial statement For the identical of Beni -ation named on page one? Yes 5.1.4 If not,explain the relationship and financial responsibility of the organization whose financial statement is provided (e._parent-subsidiary). N/A 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for constriction? Yes r 6. SIGMA TURE 6.1 Dated at this day of. Nance of Organization: ARC abatement I,LTD 5y: Steven R. Chappell Title: Vice President being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misi'ea din g` /j 1 TFIERf5U1 L 1R11ligN Subscribed and sworn before me this day of �,�l Ct ( I _ Notary Public State of Texas My Commission Ex Notary Public: pines C E? LJ APM 9, 2007 My Commission Expires: 4-9-07 electronic Format A305-1986 4 vt' Asbestos Abatement _ Mold Remediation 2710 National Place,Garland,TX 75041 Lead Removal r 972-271-1583 f fax 972-271-1586/800-495-4272 Demolition Iwww.arcabatement.com/dallas@arcabatement.com Restoration { Steven R. Chappell Vice President General Manager—North Texas Region Mr. Chappell has twenty-one years experience in the construction and environmental industry.As Vice President of the North Texas Region, ( his duties include marketing, estimating,project management and overall 1 cost supervision. In this capacity,Mr.Chappell has total responsibility for the project from start to finish. Career Highlights • Mr. Chappell has been an instructor of the Asbestos Contractor/Supervisor Course at a State of Texas Licensed instructional facility for over seventeen years. l • Mr. Chappell has often been a guest speaker at numerous professional/trade seminars discussing asbestos,lead and mold ( abatement practices. • Mr. Chappell has been the Vice President/General Manager of the North Texas Region since joining the ARC Abatement team in 1996.Projects range from small residential to large f commercial. The customer base varies including but not limited jto: property owners,management companies,general contractors,insurance companies and environmental consultants. Education/ Training/Licenses L • Attended Southwest Bible College, Bolivar,MO 1977-1980 • Asbestos Contractor/Supervisor-since 1984 • Bio-Remediation/Mold Courses —since 1998 • Lead Training Courses-since 1991 Lf bato rat Austin s Dallas. ! Hewitt /wnnn • li-�n��cfnn C— _ w_�__�_ � I Asbestos Abatement Mold Remediation • Lead Removal 2710 National Place,Garland,TX 75041 Demolition 972-271-1583/fax 972-271-1586/800-495-4272 www.arcabatement.com/dallas@arcabatement.com Restoration 6 Rick Rickels Project Manager — North Texas Region Mr. Rickels has twenty-three years experience in the construction and environmental industry.Mr.Rickets' current duties include marketing, estimating and project management of remediation, abatement and demolition projects. i Career Highlights • Mr.Rickels experience in environmental sales and management has served a wide range of industries. Major accounts included: General Dynamics,Bell Helicopters,Miller Brewery,Gerhardt Industries,Tandy Corporation,Texas Christian University and Baylor University. • Mr. Rickels has three years of asbestos and microbial remediation sales and project management with ARC.Projects range from small residential to large commercial. The customer base varies including: property owners,management companies, general contractors,insurance companies and environmental consultants. Education/ Training/Licenses • B.B.A.University of North Texas—Marketing and Management • Asbestos Supervisor/Contractor—since 1987 (r aa to IN AV a i OR L rat AP—On , Datias Hewitt/W.aqg 1 HaustQn s San Q,ilaniq r - t Asbestos Abatement } } Mold Remediation 2710 National Place,Garland,TX 75041 Lead Removal 972-271-1583/fax 972-271-1586/800-495-4272 Demolition www.arcabatement.com/dallas@arcabatement.com Restoration Dwayne Ealy Project Manager—North Texas Region Mr. Ealy has over twenty years experience in the environmental industry. Mr.Ealy is a Project Manager of the North Texas Region; his current duties include marketing, estimating, and project management. l Career Highlights l Mr.Ealy started in the abatement industry in 1984 as a worker and few years later served as Project Supervisor. Mr. Ealy has served the last twelve years in estimating, management, sales, and marketiiig. Major accounts includes: Vought Airerafts, ONCOR/TXU,Harris Methodist Hospital,Dallas Theological Seminary, Preston Hollow Presbyterian Church,Park Cities Baptist Church,and Raytheon System. • Mr.Ealy served as Vice President of Marketing for another abatement contractor prior to joining ARCAbatement. • Mr. Ealy has managed projects ranging from small residential to large commercial. The customer base varies including but not limited to: property owners, management companies, general contractors,insurance companies and environmental consultants Education/ Training/Licenses • Graduated from the University of Central Arkansas with a BSE Degree in Physical Education.&.Minor in.Health- 1981 •. High School Coach&Teacher at Arkadelphia High School— 1981-1984 fAsbestos Workers Certification— 1984-1988 l • Asbestos Contractor/Supervisor License-since 1988 • Lead Abatement Training Course— 1992 • Certified Indoor Air Quality Technician (CIAQT) -2002 • OSHA Training Course-2003 A441 4Watt ' ° t Ats#in t QaRas 1 Hewitt I Waco w H.auston , San Anto[lio 1 Page 1. Asbestos Abatement Mold Remediation • Lead Removal 2710 National Place,Garland,TX 75041 LLemoiition 972-271-1583/fax 972-271-1586/800-495-4272 i www.arcabatement.com/dallas@arcabatement.com Restoration 1 CLIENT REFERENCES Midwestern State University Buck Shaw 940-3 97-4228 $93,2.11.00 Completed 8/03 Consultant: Lambert &Associates 817-439-0051 Barnett Interests, Incorporated David Pina 972-673-4083 $123,411.00 Completed 8/03 Consultant: CAM Environmental 214-902-7879 Jacksonville ISD f Olen Morton 903-586-7568 $35,211.00 Completed 6/03 Consultant: I.H.S.T. 972-478-7415 HSC j Michael Noli 615-344-1514 $38,711.00 Completed 2/03 Consultant: E.F.I. Consultant 972-484-6020 Warren United Methodist Church Greg Hamiliton 214-458-7282 $86,91100 Completed 11/02 Consultant: E.T.I. Environmental 972-279-9751 McCarty Residence I Terry McCarty 940-872-1701 l $61,492.0.0 Completed 6/02 f Consultant: I.A.Q. 817-481-6280 L_. ' �. Austin Dallas Hewitt I Waco s Houston Sart A.ntanio Pace 2 Carrollton-Farmers Branch ISD 972-323-5812 Tom Bell Completed 6;"02 S100,056.00 Consultant: I.H.S.T. 97/2-478-7415 Frisco ISD Blake Vaughn 469-633-6000 Completed 7/01 S30,995.00 .. ._.._ . _:..�_..'•tip -.�...�... v_ .I l.CrilJa'LPQ / ; 1 SO Consultant: �-nv ro ntal (,onsui�iii, ,.0. ly-6 2--bJU City of Colorado Hou.--',-n ALltl2o 1J 2, - 1 $54,711.Ou- Completed 9)/G 1 Consultant: �illg Companies a0b-%63-615 7 Dallas Health and Rehab Center UP.! Jrnnkc 2 1 "_R76-2 S9 11 _ 58,119.00 Completed 7/00 Consultant: E.T.I. Environmental 97/2-279-9751 University Christian Church Charles Dowell 817-926-6631 $42,519.00 CCmnittPd 7/(,0 Consultant: W..E.S.T. 972-3 SO-9 444 McKinney Job Corp. Walter Barrett 214-948-6383 $151,406.00 y Completed 7/00 Consultant: E.T.I. Environmental 972-279-9751 �Or n Page 3 Carrollton—Farmers Branch I.S.D. —Newman Smith Mehran Aghili 972-323-6437 581,901.00 Completed 6/00 Consultant: I.H.S.T. 972-478-7415 l vlii� l.0 - .LL v 111111�1f UV11V V1 Gary_ardaway 972-273-6036 24,'19.00 - - vCi-r•r`j `n __ al_____., ur?:._-" _.�.� —��.;�a-1_y_ \?_'1'T� `✓ ,chli all A',)i-i 11,, Completed 4/00 Consultant: I.H.S.T. 972-4 7 8-7415 • _ __ - _0111 iiciCc i.v.ii. ri1D71 L B111 flyers 503-886-37 1 L,ViiiiJlGiGU ✓i vJ 519,530.00 r ('� II.ar+• r„i,,, r�_o,., -„ 4-38-4-223 �.•J.LJ u LL411L- .1 V11L3 Lll�W _1TTt / Dallas Housing Authority- Roseland Homes Douglas Bell 214-951-8318 Completed 2/00 $119,093.00 Consultant: I.H.S.T.,Inc. 972-478-7415 Irving I.S.D.- Irving High School Greg Carver 972-261-5n0n Completed 1/00 $7,775.00 Consultant: John Drew 214-384-2237 True Jesus Church Andrew Chu 972-618-7732 Completed 11/99 536,000.00 Consultant: ETI Environmental 972-279-9751 Page 4 Vernon I.S.D.- Vernon Junior Hi;yh Mac Hewlett 940-753-1900 Completed 7/99 5132,611.00 Consultant: North American Analytical 915-691-0172 Mesquite I.S.D. —Motley and T osch Elementary Ken Bell 972-82-5554 Completed 7/99 538,119.00 J oili7 L.),V _i.i vii,:ui _??G�__i i i -_ -v✓__ S78,00-0.00 Consultant: 1.H.S.T_,Inc. 972-4 7 8-7415 Cairoll+ n-F_nme ranch._�.S.D - p-r,r s nrm 1 Tl-ail- �Q Center __ o__ r B______ _ _ e __ a r__ Completed 6/99 517,325.00 Consultant: 1.H.—S,l Inc 9 72-4;8-74-15, i First Baptist Grand Prairie Roi4 Completed 5/99 { $28,002.00 Consultant: ETI Environmental 972-279-9751 Dallas Memorial Hospital Ron Beneke 214-891-7080 Completed 4/99 593,611.00 Consultant: BENAS Environm=ental 972-471-0418 Golden Triangle Mall Greg Breeding 940-380-0677 Completed 3/99 56,487.00 Consultant: ETI Environmental 972-2/79-9-1,51 Dr' Page 5 Lover's Lane United Methodist Church Jack Reardon 214-352-3984 Completed 3/99 $2,927,00 Consultant: ETI Environmental 972-279-9751 Justin industries Mark ri111 8 i 7-336-5125 Completed 2/99 814.376.00 -� Consuitarl�: E TI E.virc��r�lertal �i�-�i,-975 i S243 i 1 00 C oiisultani.: ETI i Environ rental All Saints Health C'v'stemn, _7-6 283 Lri�niP.t�d I 1�`�K 'b38,84,9.00 Consul a,,,- ;;TT F nV1r^vnl..�rtaT 97,2-2 79-975 1 Nledical City Bran Med'.:,c072 66-64 Completed 11/98 $23,386.00 Consultant: PSI 214-330-9211 Justin Industries Mark_Hill 817-336-5125 Completed 11/98 S11 261.00 Consultant: ETI Environmental 972-279-9751 i City of Ft. Worth Mike Matthews 817-871-8274 Completed 10/98 $162,411.00 Consultant: I.H.S.T.,Inc. 972-/17S-7/115 I 5 �1 A,fiat� rnt 0 0 0 ARC PROJECT NUMBER 0 L PROJECT SUPERINTENDENTS: l L. L L L JOB INFO SHEET JOB NAME JOB LOCATION JOB NUMBER JOB ADDRESS JOB ADDRESS2 OWNER'S NAME SUPERINTENDENT 1 SUPERINTENDENT 2 SUPERINTENDENT 3 SUPERINTENDENT 4 r r . i L 1 . A-b o -fv n- ,-e AUTHORIZED PERSONNEL LIST JOB NAME: 0 JOB NUMBER: 0 CLIENT: 0 EMP. MED. WORK TRAIN. NUMBER LAST NAME, FIRST NAME SOCIAL SECURITY# FOREMAN W-4 EXAM RFL. CERT. r L I L i c Abcoom-'ent, All personnel must sign-in or out every time the enterlexit the work area. SIGN-IN/SIGN-OUT LOG PROJECT NO : o CLIENT: 0 I LOCATION: o DATE: NA%4E TIME IN TIME OUT TIME IN TIME OUT COMMENTS t l ADDITIONAL COMMENTS: SIGNA,T'JRE: a `erert All personnel must sign-in or out every time the enter/exit the work area. *CONTAINMENT* SIGN-IN/SIGN-OUT LOG *CONTAINMENT* PROJECT NO.: o CLIENT: o LOCATION: o DATE: NAME TIME IN TIME OUT TIME IN TIME OUT COMMENTS r= ADDITIONAL COMMENTS: L. SIGNATURE: C DAILY SITE REPORT PROJECT NAME: 0 DATE: PROJECT NO.: 0 DAY: SHIFT START: SHIFT END: DAILY WORK DESCRIPTION AND COMMENTS INCLUDE: PROBLEMS, DELAYS, CHANGES, PROTESTS R 1 SOLUTION TO PROBLEMS: r PERSONNEL OSHA MONITORED: L LOCATIONiROOM NO. OF WORK AREA SF NO.OF BAGS AND DRUMS LOADED VISITORS SUBMITTED BY: Project Superintendent i Tailgate Safety Meeting Job Number 0 Date Time Job Name 0 Address 0 Customer 0 Superintendent Specific Location Type of Work Chemicals Used Safety Topics Presented Protective Clothing/Equipment Chemical Hazards Physical Hazards Emergency Procedures Hospital/Clinic Hospital Address Hospital Phone Number Paramedic Phone Number Special Equipment Other Attendees lName Printed Signature l_ Meeting conducted by Name Printed Signature ARE` AbateAaae"t ASBESTOS REMOVAL, RENOVATION & DEMOLITION SUPERVISOR DAILY CHECKLIST E e: Location: o Project No: 0 ervisor: Work Area (SQ.FT.): AREA YES NO WORKSITE BARRIER CRITICAL BARRIERS INTACT FLOOR COVERED WALLS COVERED ALL EDGES SEALED ALL PENETRATIONS SEALED ALL CURTAINS INTACT& WEIGHTED NEGATIVE AIR PRESSURE NEGATIVE-AIR MACHINES OPERATING NEGATIVE PRESSURE ACHIEVED PRE-FILTERS CHECKED & CHANGED SIGNS PERMITS POSTED CAUTION SIGNS POSTED SIGN-IN LOG POSTED WORK PRACTICES REMOVED MATERIAL PROMPTLY BAGGED MATERIAL WORKED WET HEPA VACUUM USED NO SMOKING, EATING OR DRINKING WORK AREA CLEANED EACH SHIFT PERSONNEL DECONTAMINATED EACH DEPARTURE DECONTAMINATION UNIT CLEANED AT END OF SHIFT PROPER WASTE-OUT PROCEDURES FOLLOWED PROTECTIVE.EQUIPMENT DISPOSABLE CLOTHING USED ON TIME PROPER NIOSH-APPROVED RESPIRATORS DISPOSABLE CLOTHING &RESPIRATOR CARTRIDGES CONTAINERIZED AFTER EACH USE SHOWERS ON SITE& FUNCTIONING SOAP & TOWELS USED BY ALL PERSONNEL CLEANED AT END OF SHIFT WATER TURNED OFF AT END OF SHIFT ENTIRE WORK AREA INSPECTED.AT.END OF SHIFT SUPERVISOR SIGNATURE: i Z Z Z d LU 4 J co to Q c � J W Q D c v Qw `� m 2 J w o cn U w Q W L c p m Q N in F C7 m is L o L w m w L U) _� z F- ru `m 2 > ca L_ O N •� L N L O U) z O L LL cn w = O cn ol O O w p Qw z z z a o z o f LU Z Z O 0 LU w > r } U �? a, a LU 0 Z z w C/) < o_ w w Z F w U > w > = o N O F" p U = w W V) X o 0 U u- D 0 n- ca w0 O J O O Z >- Q U W Q O D d m O n- Z Q W U Q aYi f- (n Q) > J (n U U P z 70 cn > O ° > a Z z Q Z W U D O ~ is O L) L) a) (n -wi f n` c 0 a� L w cL � Ly Q Z c w c a� _ - m x o u a Q � O z w o o L d o L �i cn cUi) O w w O d a d 0 U z 0 Z a C) Qv ' L1JU_ Y u' D �' � -c CC) Y 2 Q cn co m > f ::DF- c m � N z 0 a LL CZ �- w o N ` n = cz -U 10 C y N t LL CIO C O > U O d k:Y- W O W Z o U o,_<f W w = Q N ,N cn p c Q) u C m v �. Q Q n U U U U = `w LL I u_ L z d U CC O | C5 o / / & ± o / / g c | % � j / / / / 2 / Z j z z z z z i ) § < « / a & » 3 R s \ / \ \ \ / \ % % / % 04\ 2 > Od < c o 0 0 0 0 ¥ g 2 � P P R P w 0 < e I C § / @ aLL) q 2 / ƒ z z 2 / � 2 < m k k / 2 u . > \ z u / / / / / / \ & } j kqg 'i © 0 'i \ > 0 / § / q 7 / ± ® 2 � � w co co cl co U jz 2 w < [ z ui z Oz ( u z / § 2 z ? / CO e A j o j i i ± u u « < = u < 2 / / \ % $ 7 / 3 4 5 e = u < _ � o C) -j w / § \ \ / \ 0 w Q / CLI ± ± i / < \ ° < Lli § z § / \ 0 < ( � § < ,: G [ \ c E w j 3 � o ƒ ( cr $ \ w \ \ / < LU 0 ` 0 \ G ? § § w e . < y u o CL c < a- a < < 2 § ) U) u Ai f i 0 / / i LLJL w $ ® § ) 0 § § u m ® � z k \ § \ \ ) j § f 0 ? ƒ -4 � \ k ± M \ \ } § ± -1 0 ' U 0 i i k ƒ ? { § � - » / ƒ \ < ( c c u < a co o \ < . . - d tv Asbestos Abatement Mold Remediation Lead Removal I 2710 National Place,Garland,TX 75041 Demolition 972-271-1583/fax 972-271-15861800-495-4272 www.arcabatement.com/dailas@arcabatement.com Restoration i4 ARC Abatement I, Ltd., has not performed a project for the City of Fort Worth. 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