HomeMy WebLinkAboutContract 48772f � ' � ,�
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� '' �/�TE OF TEXAS §
��c�r o� ��� . Y § KNOWN ALL BY THESE PRESENTS
a;°� C^ COUNTY OF TARRANT §
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ANNUAL CONTRACT FOR STRUCTURAL DEMOLITION
AND REMOVAL, TRANSPORTATION, AND DISPOSAL OF
ASBESTOS CONTAINING MATERIALS
This Contract is entered into by and between the City of Fort Worth, a home-rule
municipality located within Tarrant County, Texas, ("City") acting through Fernando
Costa, its duly authorized Assistant City Manager, and Intercon Environmental, Inc.
("Contractor"), acting through Karen Andrews, its duly authorized President.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
1.
EFINITIONS
In this contract, the following words and phrases shall be defined as follows:
Chanae Order means an officially authorized and executed written amendment to a
Task Order, issued by the City.
City's Representative means the Environmental Program Manager, Code Compliance
Department, Environmental Management Division, or his designee.
Contract Documents means this contract; Request for Qualifications; attachments, pre-
bid amendments, and appendices to the Request for Qualifications; the Contractor's
response to the Request for Qualifications; all ancillary documents submitted with the
Contractor's response to the Request for Qualifications; Requests for Costs; Task
Orders; and other written, printed, typed and drawn instruments that comprise and
govern the perFormance of the work, including, but not limited to, proposal, plans,
specifications, maps, blueprints, notice of award, general conditions, special conditions,
supplementary conditions, general provisions, special provisions, change orders, any
contract amendments and the payment, performance and maintenance bonds, or other
such similar documents as may be required for work performed under this contract.
The Contract Documents shall also include any and all supplemental agreements
approved by the City which may be necessary to complete the work in accordance with
the intent of the plans and specifications in an acceptable manner, and shall also
include the additional instruments bound herewith.
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Emerpencv Demolition Order shall mean a demolition ordered by the City of Fort Worth
Building Official due to the threat to public health andlor safety posed by a structure.
NESHAP shall mean the National Emissions Standards for Hazardous Air Pollutants, as
described in Title 40 CFR Part 61.
Notice to Proceed means the official letter issued by the City that authorizes Contractor
to begin work.
Request for Costs means a project description and other necessary details provided to
the Contractor by the City in order to obtain a cost quote or bid for conduct of the project
therein described.
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.
Task Order means an officially authorized and executed written description and
specification directing the Contractor to perform specific services within the scope of this
contract, issued by the City.
Universal Waste means any of the following hazardous wastes that are subject to the
universal waste requirements identified in 30 TAC 335.261:
(i) batteries, as described in 40 CFR 273.2;
(ii) pesticides, as described in 40 CFR 273.3;
(iii) mercury-containing equipment, including thermostats, as described in 40
CFR 273.4;
(iv) paint and paint-related waste, as described in 30 TAC 335.262(b) of this title
(relating to Standards for Management of Paint and Paint-Related Waste); and
(v) lamps, as described in 40 CFR 273.5.
2.
SCOPE OF CONTRACTOR'S SERVICES
As projects arise, the City will send a Request for Costs to all Contractors holding an
asbestos abatement and demolition annual contract with the City. The City will then
issue a Task Order for the project to the contractor that submitted the lowest bid with
the exceptions for Emergency Demolition Orders. Demolitions deemed as an
emergency by the City of Fort Worth Building Official will be awarded based on one of
the following special methods: rotating vendor method, first available vendor, or other
methodology so as to remove the hazardous and dangerous structure in the most timely
and efficient manner possible to protect the health and safety of the citizens or Fort
Worth.
Individual projects will be authorized with a Task Order which shall specify:
1. The scope of work for that project.
2. The time to complete work for that project.
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3. The agreed compensation for completion of work as specified for that project.
The scope of work shall include the furnishing of all labor, materials, and equipment
necessary to complete the work in accordance with the Task Order for a project and the
Contract Documents.
Contractor shall pertorm, in a good and professional manner, the services contained in
the Task Order, consistent with the Contract Documents and in accordance with all
applicable federal, state, and local laws, directives, and guidelines.
Any changes to the scope of work shall require a duly authorized Change Order issued
by the City.
The City shall not pay for any work perFormed by Contractor or its subcontractors and/or
suppliers that has not been specifically ordered by the City in writing on a duly executed
Task Order or Change Order. Contractor shall not be compensated for any work that is
verbally ordered by any person and shall rely only upon written authorization to conduct
work.
3.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. City shall coordinate with facilities, City departments, and any tenants for access
to work site(s).
B. City shall prepare and revise all notifications necessary to the Texas Department
of State Health Services (TDSHS) for the work provided herein.
C. City shall make payment of all applicable TDSHS fees.
D. City shall give timely direction to the Contractor.
E. City shall render decisions regarding modifications to the Contract and any other
issue.
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Unless terminated pursuant to the terms herein, this Agreement shall be for a term of
one year, beginning upon the date of its execution, and will have three one-year options
for renewal.
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The City agrees to hire Contractor as an independent contractor, and not as an officer,
servant, or employee of the City. Contractor shall have the exclusive right to control the
details of the work pertormed hereunder, and all persons perForming same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, and
subcontractors. Nothing herewith shall be construed as creating a partnership or joint
venture between the City and Contractor, its officers, agents, employees, and
subcontractors; and the doctrine of respondent superior has no application as between
the City and Contractor.
6.
COMPENSATION
Section 1
Generally
City shall not pay for any work perFormed by Contractor or its subcontractors, and/or
suppliers that has not been specifically ordered by the City in writing by Task Order or
Change Order pursuant to the terms of the Contract Documents. Contractor shall not
be compensated for any work that is verbally ordered by any person and shall rely only
upon written authorization to conduct work.
Section 2
Task Orders
City will issue Task Orders to Contractor that detail the work to be perFormed by the
Contractor. Task Orders will include at a minimum, a unique Task Order Number,
project address, scope of work, date to commence work, time period to complete work
and the not to exceed payment amount for the Task.
Contractor will be responsible for coordinating with the Code Compliance Departrnent —
Environmental Management Division immediately after receipt of each Task Order
which shall specify the start date of abatement and/or demolition activities: The purpose
of the coordination will be to assure compliance with the requirements for notification to
the Texas Department of State Health Services (TDSHS).
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Contractor shall begin demolition work on a specific date as specified in the Task Order
which corresponds to the TDSHS notification.
Contractor shall complete all work specified for each Task within the time specified in
the Task Order unless an extension of time is granted in writing due to inclement
weather, with any such determination being made in the sole discretion of the City of
Fort Worth. A working day is defined as each day exclusive of Saturday, Sunday, and
declared holidays as designated by the City of Fort Worth. If a stop work order is issued
by the City, the number of working days shall be tolled until the day the Contractor
receives a written notice to resume work issued by the City.
Should the Contractor fail to begin and complete any Task within the specified time, the
City shall have the right in its sole discretion to either (1) demand that the Contractor's
surety take over the work and complete same in accordance with the plans,
specifications and other Contract Documents or (2) to take charge of and complete the
work in such a manner as it may deem proper, and if in the completion thereof, the cost
to City shall exceed the contract price, the Contractor and/or its surety shall pay City
upon its demand in writing, setting forth and specifying an itemized statement of the
total cost thereof, said excess cost.
Section 3
Release Upon Payment
Acceptance by Contractor of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
Section 4
Invoice and Payment.
The Contractor shall provide separate invoices to the City for each assigned Task. All
invoices must reflect the Task Order number.
Payment for services rendered shall be due within thirty (30) days of the uncontested
performance of the particular services so ordered and receipt by City of Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
portion so contested may be withheld from payment, and the undisputed portion will be
paid. No interest will accrue on any contested portion of the billing until mutually
resolved. City will exercise reasonableness in contesting any billing or portion thereof.
7.
LIQUIDATED DAMAGES
If Contractor fails to commence and complete work under this Contract within the
stipulated time, there shall be deducted from any moneys due or owing Contractor, or
which may become due, the sum of $1,000.00 (one thousand dollars) per day for each
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day after the date the project was to be completed, until the project is completed. Such
sum shall be treated as liquidated damages and not as a penalty, and City may withhold
from Contractor's compensation such sums as liquidated damages. The amount of
damage to City for delay in completion of the work is difficult to ascertain and the
amount of the liquidated damages per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
8.
INDEMNIFICATION
A. Definitions. The following words and phrases shall be defined as follows:
1. "Environmental Damages" shall mean all damages, losses, diminished
values, claims, judgments, penalties, fines, liabilities, encumbrances,
liens, costs, expenses of investigation, and the defense of any claim,
whether or not such claim is ultimately defeated, results in a judgment or
order of any kind, or is resolved by any good faith settlement, and of
whatever kind or nature, direct or indirect, tangible or intangible,
compensatory, exemplary, or punitive, economic or non-economic,
contingent or otherwise, matured or unmatured, foreseeable or
unforeseeable, to the City and any third parties, including without limitation
reasonable attorney and consultant fees, any of the foregoing which are
incurred as a result the Contractor's work, or due to negligence, or arising
from a violation of any Environmental Requirements, or arising from strict
liability, or an intentional tort, and whether any of the foregoing are
attributable to the Contractor, a Subcontractor, a vendor, employee, agent,
successor, or assignee and including by way of example but not limited
to:
a. Damages for personal injury or death, pain and suffering, mental
or emotional distress, injury to property of any kind or to natural
resources, environmental contamination, or the loss of use or
value of property;
b. Fees incurred for the services of attorneys, consultants,
engineers, contractors, experts, laboratories, and investigators
related to any studies, cleanup, remediation, removal, response,
abatement, containment, closure, restoration, monitoring work,
civil or criminal defense, or the recovery of any other costs;
c. Liability, claims, or judgments to any third persons or
governmental agencies in connection with the items referenced
herein; and
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d. Fines, penalties, costs, agreed orders, or settlements to any
federal, state, or local government for violations of environmental
laws, permits, standards, or regulations.
2. "Environmental Requirements" shall mean the allowable or permissible
levels, concentrations, or amounts of materials; all applicable present and
future statutes, regulations, rules, permits, plans, or authorizations of all
governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions
thereof; and all applicable judicial, administrative, and regulatory decrees,
judgments, and orders; and all common law causes of action; all of the
above relating to the protection of human health or the environment and
being inclusive of, but not limited to:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of
wastes, substances, materials, pollutants, contaminants,
hazardous wastes, petroleum products, toxic substances,
materials, or other any other regulated or harmful substances
whether solid, liquid, or gaseous into the air, surface water,
groundwater, stormwater, or land, or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal,
transport, or handling of elements, compounds, materials,
substances, pollutants, contaminants, or hazardous or toxic
materials, substances, or wastes, whether solid, liquid, or
gaseous in nature;
b. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of
radioactive materials or radiation or electromagnetic fields;
c. All requirements pertaining to the protection of the environment,
natural resources, the health and safety of employees or the
public;
d. Citizen suits authorized by any federal or state law; and
e. All common law causes of action related to health, safety, natural
resources, and the environment.
B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL:
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1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE
RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED
HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (WCLUDING
STRICT LIABILITY) AND
2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO
ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING
ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY).
C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND
ALL DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF
ACTION THAT ARISE FROM OR RELATE TO OPERATIONS UNDER THIS
AGREEMENT, AND SUBJECT ONLY TO THE LIMITATIONS PROVIDED BY
SECTION 2254.0031 OF THE TEXAS GOVERNMENT CODE, IT IS THE
INTENTION OF THE PARTIES THAT THE TERMS OF THIS INDEMNITY
AGREEMENT, INCLUDING THE GENERAL AND ENVIRONMENTAL
INDEMNITY PROVISIONS, SHALL APPLY EVEN IF INJURY, DEATH
PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES ARE CAUSED, IN
WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE,
INTENTIONAL ACT, VIOLATION OF A LAW OR DUTY TRIGGERING STRICT
LIABILITY, OR BY THE INFRINGEMENT OF ANY PERSON'S PROPERTY,
LEGAL, OR CONSTITUTIONAL RIGHT OR OTHER FAU�T OF THE CITY OF
FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS,
VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH,
OR IN PRIVITY WITH, THE CITY OF FORT WORTH.
D. The obligations of the Contractor related to this general and environmental
indemnification shall include, but not be limited to, the burden and expense of
reimbursing the City for all fees and costs for defending all claims, suits, and
administrative proceedings, even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any
description, and paying and discharging, when and as the same become due,
any and all judgments, settlements, penalties, or other sums due against such
indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability which Contractor is required
hereunder to indemnify, contractor shall provide City with timely notice of same.
F. The obligations of the Contractor related to this indemnification shall survive the
expiration or termination of this Agreement and the discharge of all other
obligations owed by the parties to each other hereunder.
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9.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the term of this Contract. Prior to commencing
work, the Contractor shall deliver to City, certificates documenting this coverage. The
City may elect to have the Contractor submit its entire policy for inspection.
A. Insurance coverage and limits:
Commercial General Liability Insurance
$1,000,000 each occurrence; $2,000,000 aggregate
2. Professional Liability Insurance - Not applicable.
3. Automobile Liability Insurance
Coverage on vehicles involved in the work performed under this contract:
$1,000,000 per accident on a combined single limit basis or: $500,000 bodily
injury each person; $1,000,000 bodily injury each accident; and $250,000
property damage.
The named insured and employees of Contractor shall be covered under this
policy. The City of Fort Worth shall be named an Additional Insured, as its
interests may appear. Liability for damage occurring while loading, unloading and
transporting materials collected under the Contract shall be included under this
policy.
4. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
5. Environmental Impairment Liability (EI�) and/or Pollution Liability $4,000,000 per
occurrence. EIL coverage(s) must be included in policies listed in subsections 1
and 2 above; or, such insurance shall be provided under separate policy{s).
Liability for damage occurring while loading, unloading and transporting materials
collected under the contract shall be included under the Automobile Liability
insurance or other policy(s).
B. Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with the
Contract.
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Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The term "City" shall include its employees,
officers, officials, agents, and volunteers as respects the Contracted services.
2. Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
4. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice shall be acceptable
in the event of non-payment of premium. Such terms shall be endorsed onto
Contractor's insurance policies. Notice shall be sent to Department of Financial
Management Services - Risk Management Division, City of Fort Worth, 200
Texas Street, Fort Worth, Texas 76102.
5. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
6. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
7. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
8. The City shall be entitled, upon its request and without incurring expense, to
review the Contractor's insurance policies including endorsements thereto and, at
the City's discretion; the Contractor may be required to provide proof of insurance
premium payments.
9. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
10. The City shall not be responsible for the direct payment of any insurance
premiums required by the contract. It is understood that insurance cost is an
allowable component of Contractor's overhead.
11. All insurance required above shall be written on an occurrence basis in order to
be approved by the City.
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12. Subcontractors to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained herein, in the event a
subcontractor's insurance coverage is canceled or terminated, such cancellation
or termination shall not constitute a breach by Contractor of the contract.
10.
BONDING
Payment and Performance Bonds. Before beginning the work, the Contractor shall be
required to execute to the City of Fort Worth a payment bond for Task Orders in excess
of $25,000 and a performance bond if the Task Order is in excess of $100,000. The
payment bond is solely for the protection and use of payment bond beneficiaries who
have a direct contractual relationship with the Contractor or subcontractor to supply
labor or material; and in 100% the amount of the Task Order. The perFormance bond is
solely for the protection of the City of Fort Worth, in 100% the amount of the Task
Order, and conditioned on the faithful performance by Contractor of the work in
accordance with the plans, specifications, and contract documents. Contractor must
provide the payment and performance bonds, in the amounts and on the conditions
required, within 14 calendar days after issuance of the Task Order.
Requirements for Sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to do business in the State of Texas that is of sufficient
financial strength and solvency to the satisfaction of the City. The surety must meet all
requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished
hereunder shall meet the requirements of Chapter 2253 of the Texas Government
Code, as amended.
In addition, the surety must (1) hold a certificate of authority from the United States
Secretary of the Treasury to qualify as a surety on obligations permitted or required
under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of
Texas and is the holder of a certificate of authority from the United 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.
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11.
WARRANTY
Contractor warrants that it understands the currently known hazards and the suspected
hazards which are presented to persons, property, and the environment by the work
specified in this contract.
Contractor further warrants that it will perform all services under this Contract in a safe,
efficient and lawful manner using industry accepted practices, and in full compliance
with all applicable state and federal laws governing its activities and is under no restraint
or order which would prohibit performance of services under this Contract.
12.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of any failure to perForm
under this contract if the failure arises solely from: acts of God, acts of the public
enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes,
and extreme meteorological events. Contractor affirms a duty to mitigate any
delays or damages arising from such causes.
B. If Contractor fails to begin work or to complete work within the time specified in a
Task Order, City shall have the right to take charge of and complete the work in
such a manner as it may deem appropriate. If City's total costs exceed the costs
as agreed in the contract documents, the City may deliver to Contractor a written
notice of the total excess costs, and Contractor shall reimburse City for such
excess costs without delay.
C. If at any time during the term of this contract the work of Contractor fails to meet
the specifications of a Task Order or 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 or a Task Order to
the satisfaction of City within ten days after written notification shall result in
termination of this contract at the discretion of the City. All costs and attorney
fees incurred by City in the enforcement of any provision of this contract shall be
paid by Contractor.
D. City may terminate this Contract at its sole discretion and without cause upon
thirty (30) days prior written notice to Contractor, and such termination shall be
without prejudice to any other remedy the City may have. In the event of
termination, any work in progress will continue to completion unless specified
otherwise in the notice of termination. The City shall pay for any such work that is
completed by Contractor and accepted by the City.
E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this contract.
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13.
OBSERVE AND COMPLY
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations including but not limited to applicable environmental laws.
Contractor represents itself as knowledgeable in these matters and no defense of
misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend,
indemnify and hold harmless City and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself, its subcontractors, agents, or its employees.
14.
MODIFICATION
No modification of this Contract shall be binding on the Contractor or the City
unless set out in writing and signed by both parties. No modification shall be
binding upon the City unless signed by the City Manager or an Assistant City Manager
of the City of Fort Worth. In no event shall any verbal authorization changing the scope
of work or verbal agreements for additional compensation be binding upon the City.
Contractor expressly agrees a) not to make changes to its legal, financial, or logistical
position on any matter based on any oral representation by an employee, contractor, or
agent of the City prior to obtaining a written modification to this contract; b) that it waives
any claim based upon reliance or estoppel as a result of acting or not acting due to an
alleged oral modification to a material term of the Contract Documents or a Task Order
through the City, its employees, contractors, or agents; and c) that it waives any claim
for compensation for work pertormed based upon an alleged oral change to a material
term of this contract by the City, its employees, or agents.
15.
RIGHT TO AUDIT
City and Contractor agree that, until the expiration of three (3) years after the final
payment under this Contract, the City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this Contract. Contractor further agrees to include in all its
subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three (3) years after final payment under the
subcontract, have access to papers and records of such subcontractor involving
transactions relating to the subcontract. The term "subcontract" as used herein includes
purchase orders.
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16.
MINORITY AND WOMAN BUSINESS ENTERPRISE
�M/WBE) PARTICIPATION
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor agrees to a minimum M/WBE participation of 5% in accordance
with its proposal and the aforementioned ordinance. Contractor acknowledges the
M/WBE goal established for this Agreement and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Contractor may result in the termination of this Agreement
and debarment from participating in City contracts for a period of time of not less than
three (3) years.
17.
PREVIALING WAGE RATES
Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with
respect to payment of Prevailing Wage Rates for public works contracts and Contractor
shall comply with the Davis —Bacon Act for building and construction trades, and shall
comply with the prevailing wage requirements as specified in the RFQ for the project.
A worker employed on a public work by or on behalf of the City of Fort Worth shall be
paid not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the work is perFormed; and not less than the general
prevailing rate of per diem wages for legal holiday and overtime work. A worker is
employed on a public work if the worker is employed by a contractor or subcontractor in
the execution of a contract for the public work with the City of Fort Worth.
The contractor who is awarded a public work contract, or a subcontractor of the
contractor, shall pay not less than the prevailing wage rates to a worker employed by it
in the execution of the contract. A contractor or subcontractor who violates this
requirement shall pay to the City of Fort Worth, $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the wage rates
stipulated in the contract.
This requirement does not prohibit the contractor or subcontractor from paying an
employee an amount greater than the prevailing wage rate.
18.
NON-DISCRIMINATION
During the pertormance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article III of the Code of the City of Fort Worth.
Page 14 of 22 Asbestos Abatement and Demolition Annual Contract
Intercon Environmental, Inc.
CSC Number
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national
origin, sexual orientation, transgender, gender identity, or gender expression in any
manner involving employment, including the recruitment of applicants for employment,
advertising, hiring, layoff, recall, termination of employment, promotion, demotion,
transfer, compensation, employment classification, training, and selection for training or
any other terms, conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed
by or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of ineeting the requirements of this
section.
19.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
20.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable in any
respect, the invalidity, illegality or unenforceability shall not affect any other provision of
this contract, and this contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
21.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by either
party of any provision or condition of the contract shall not be construed or decreed to
be a waiver of any other provision or condition of this Contract, nor a waiver of a
subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
Asbestos Abatement and Demolition Annual Contract Page 15 of 22
Intercon Environmental, Inc.
22.
JURISDICTION AND VENUE
By executing this contract, the parties consent to the Jurisdiction of the State of Texas,
and Venue of any suit or cause of action under this contract shall lie in Tarrant County,
Texas or the federal courts therein.
23.
NOTICES
Any notices, bills, invoices or reports required by this contract shall be sufficient if sent
by the parties in the United States mail, postage paid, to the address noted below:
If to the City: Cody Whittenburg, Environmental Program Manager
Code Compliance Department, Environmental Management
Division
200 Texas Street
Fort Worth, TX 76102
If to the Contractor: Karen Andrews, President
Intercon Environmental, Inc.
210 South Walnut Creek Drive
Mansfield, TX 76063
24.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract
without written consent of the City. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
25.
NO THIRD-PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
Page 16 of 22 Asbestos Abatement and Demolition Annual Contract
Intercon Environmental, Inc.
CSC Number
26.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
27.
ENTIRETY
This contract, the contract documents, and any other documents incorporated by
reference herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and Contractor, and no other contracts, oral or otherwise,
regarding the subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto. In the event of any conflict between the specific terms of
this contract and any other contract documents, then the terms of this contract shall
govern.
28.
AUTHORITY AND EXECUTION
By signing this contract Contractor warrants that it has had the opportunity 1) to
examine this contract in its entirety, 2) to have its legal counsel examine and explain the
content, terms, requirements, and benefits of this contract if Contractor so chooses, and
3) to negotiate the terms of this contract within the bounds of applicable law.
Having had the opportunity to submit its bid and also to specifically negotiate the terms
of this contract, Contractor agrees to be bound by this contract and expressly agrees to
the terms of this contract, including terms that may vary from those of the Invitation to
Bid or the Contractor's proposal.
The signatory to this contract represents that he or she is legally authorized by the
Contractor to enter into a binding agreement on behalf of the Contractor.
Remainder of page is intentionally left blank
Asbestos Abatement and Demolition Annual Contract Page 17 of 22
Intercon Environmental, Inc.
ATTTACHMENT A
SCOPE OF WORK
Contractor will furnish all labor, materials and equipment necessary to perform
demolition and asbestos abatement services as described below and in subsequent Task
Orders for specific projects issued by the City to the Contractor.
THERE IS NO GUARANTEE OF ANY WORK UNDER THIS CONTRACT; however,
upon specific written authorization by the Citv, demolition and abatement services may
be performed on the following:,
• Structures exempt from the Asbestos National Emissions Standards for Hazardous
Air Pollutants (NESHAP) — such as a single family residences.
• Facilities regulated under the Asbestos NESHAP that contain regulated asbestos
containing material (RACM) below thresholds.
• Facilities regulated under the Asbestos NESHAP that require removal of RACM
prior to building demolition.
• Facilities regulated under the Asbestos NESHAP that have been declared
structurally unsound or in danger of imminent collapse.
Task Orders for demolition and asbestos abatement services may be issued on a per
property basis or as a group that may require phasing.
Any and all asbestos related activities must be performed at a minimum in strict adherence
to the Texas Asbestos Hazards and Protection Act, NESHAP, and Occupational Safety
and Health Administration (OSHA} rules and regulations. If the Contractor provides its own
personal sampling pumps and PCM cassettes to the City's Asbestos Consultant the City's
Consultant will perform the laboratory analysis of the PCM cassettes for OSHA monitoring.
All work pertormed under this Agreement shall be in strict adherence to all applicable
federal, state, and local rules and regulations.
PROJECT COORDINATION
Contractor will be responsible for coordinating with the Environmental Management
Division, the start date of demolition to allow for notification to the Texas Department of
State Health Services (TDSHS). The City of Fort Worth will prepare and submit the
TDSHS notification and pay all TDSHS notification fees.
Upon receipt of a Task Order and prior to demolition, contractor must obtain a wrecking
permit to demolish any structures from the Planning and Development Department - 817-
392-2222.
In obtaining the wrecking permit, the contractor will be required to abide by City of Fort
Worth ordinance number 17228, also known as the "Tree Preservation Ordinance." Under
the preservation ordinance, no tree 6" diameter or greater will be removed and all trees
Page 18 of 22 Asbestos Abatement and Demolition Annual Contract
Intercon Environmental, Inc.
CSC Number
within 50 feet of a structure will be protected as per Tree Ordinance #17228. Removing
trees that interFere with construction is permissible while still retaining 50% of existing
canopy.
Prior to site mobilization, the contractor must determine the applicability of the Texas
Commission on Environmental Quality (TCEQ) and City of Fort Worth Stormwater Rules
including the TPDES General Permit No. TXR150000 and receive approval from the City.
In addition, the contractor must also submit any required documentation to the TCEQ and
the City of Fort Worth. The contractor must maintain compliance with these rules and
ensure posting of any required materials is done in such a manner so that the information
can readily be obtained by the general public.
SITE PREPARATION
Contractor will disconnect all associated air conditioning units and properly evacuate any
remaining refrigerant contained within the units prior to being disconnected.
Utilities will have been terminated to the sites. Prior to demolition, the contractor will be
responsible for verifying that all utilities (i.e. natural gas, telephone, water, etc.) have been
disconnected.
Contractor will cut and cap all site utilities (water, gas, electrical etc.) at point of
connection to the site.
Contractor will be responsible for contacting applicable utility services in order to decide
whether or not main lines or routes effectively traverse the project site. It will be
determined with the consultation of City staff the best method to address any utility
concerns involving the aforementioned utility service issues.
SITE WORK
All applicable structures will be abated of all RACM and will be demolished typically
removing all slabs/foundations, utility infrastructure, and grading of the parcel to properly
manage stormwater. In some instances, slabs/foundations may have to remain in place
and will be identified by the City on a case by case basis.
Prior to the start of abatement and demolition of any structure, each structure shall be
inspected to ensure the safety of the crew.
All ancillary site work as determined by City of Fort Worth staff. Ancillary site work may
include conducting selective demolition at certain sites when structures are to remain,
securing existing structures with applicable building materials suited to prevent entry into
the structures or onto the site, providing backfill material to fill in any voids located in the
structures (pits, large holes, subsurFace voids, etc., and other necessary work to assist in
removing any dangerous and hazardous conditions.
Asbestos Abatement and Demolition Annual Contract Page 19 of 22
Intercon Environmental, Inc.
Ail debris generated from the removal of RACM is to be disposed of as asbestos-
containing waste and in accordance with all applicable rules and regulations.
Prior to any site disturbance, the contractor will have implemented stormwater Best
Management Practices (BMPs). This may include, but not be limited to, the use of silt
fencing, rock check dams, mulching, erosion control blankets, curb and inlet protection
devices, sediment traps, sediment basins, and/or stabilized construction entrances and
exits.
Contractor shall clean and remove all remaining furniture, household furnishings, building
materials, tires, debris, trash, rubbish and any other solid waste from the premises. These
materials shall be recycled, reclaimed, or disposed at a facility or landfill that is approved to
accept such waste.
Contractor shall maintain proper safety fencing, as needed, and also provide for adequate
signage, barricades, traffic cones, and "flagmen" during the course of the project when
heavy traffic will be leaving or entering the site. Temporary safety fencing to be used shall
be a heavy-duty, diamond-link mesh, orange, high density polyethylene safety or security
fencing that will withstand substantial weather-related stresses.
The Contractor is responsible for obtaining a City of Fort Worth Water Department water
meter if usage of water from nearby fire hydrants is anticipated.
The work area will be maintained in a manner that will control all demolition debris from
becoming windblown and/or migrating from the work area during and after working hours.
The contractor shall use site material, if available, or clean fill from an approved source to
fill any holes in the terrain resulting from any of the above work, and grade the entire lot,
ensuring that low areas are filled to prevent the pooling of water.
For the duration of the entire project, contractor shall sweep dirt and debris from the haul
routes used to ensure any sediment tracked from the site is collected and does not
migrate onto City streets.
For the duration of the demolition, stockpiling, and loading of the structure for
transportation to the applicable disposal facility, the contractor will apply water to the
structure during the course of demolition, stockpiling, and loading of the structure in order
to prevent fugitive dust emissions from emanating from the site.
As applicable, the Contractor will maintain the BMPs and the vegetative area for at least
six months, or until a uniform vegetative cover with a minimum of 70 percent coverage has
been established and has been accepted by the City for maintenance by others,
whichever is earlier.
As applicable, once sufficient vegetation has been established, all BMPs will be removed
by the contractor and the project will be closed out.
Page 20 of 22 Asbestos Abatement and Demolition Annual Contract
Intercon Environmental, Inc.
CSC Number
ATTACHMENT B.
COMPENSATION SCHEDULE
THERE IS NO GUARANTEE OF ANY MINIMUM QUANTITY OF WORK UNDER THIS
CONTRACT. INDIVIDUAL PROJECTS SHALL BE PERFORMED AS ORDERED ON A
TASK ORDER DULY ISSUED BY THE CITY. �
Work performed for each Task Order issued shall be compensated on a fixed-price
basis, which shall be specified on the Task Order for each project. The compensation
amount on the Task Order shall be the bid amount from the contractor for the individual
project. Issuance of a Task Order by the City shall constitute acceptance of the
Contractor's bid for the project.
A. The City shall not compensate Contractor in excess of the amount specified
in each Task Order unless the City has executed a written and authorized
Change Order. It is expressly agreed between the parties that there shall be
no oral modifications to this Contract, Requests for Costs, Bids, or Task
Orders issued under this Contract.
B. Quantities identified in Requests for Costs are estimated quantities only. Prior
to submitting a bid for a project, the Contractor is responsible for verifying all
quantities upon which the Contractor's bid is based. The Contractor is to rely
exclusively upon its own estimates, investigation, research, tests, and other
data necessary to supply the full and complete information upon which the
Contractor's bid is based. It is mutually agreed that submission of a bid is
prima-facie evidence that the Contractor has made all of the investigations,
examinations, and tests required to make a fully informed offer.
C. The parties intend and agree that any change order will be issued only in the
case of extraordinary circumstances. Any claims for additional compensation
based upon variations between conditions actually encountered in a project
and conditions as indicated in the project Task Order will not be allowed. Any
claims for additional compensation proposed by Contractor will be examined
by the City in consideration of the terms described herein and the Contractors
request for additional compensation must clearly show why the variation was
not identifiable prior to the Contractor submitting its bid. As used in this
contract, "not identifiable" means that the Contractor a) pertormed all
investigation, research, tests, and other data collection necessary to
accurately determine quantities, and b) no reasonably possible investigation,
research, tests, or other data collection could have identified the variation.
The final determination as to additional compensation will be made at the sole
judgment and discretion of the City.
The total amount of compensation under this contract shall not exceed $800,000 in any
annual term.
Asbestos Abatement and Demolition Annual Contract Page 21 of 22
Intercon Environmental, Inc.
ANNUAL CONTRACT FOR STRUCTURAL DEMOLiTION
AND REMOVAL, TRANSPORTATION, AND DISPOSAL OF
ASBESTOS CONTAINING MATERIALS
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH
BY: i ��
Fernando Costa
Assistant City Manager
Date Signed: .�,`i fi�
RECOMMENDED:
� �
%,� ,��!;
� -
Cody lf�l ittenburg
Environmental Program Manager
Code Compliance
APPROVED AS TO FORM
AND LEGALITY:
�
,
�ti � � � ��-� �- L�� �`
Chris Lopez-Rey Ids
Senior Assistant City Attorney
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
CONTRACTOR
Intercon Environmental, Inc.
BY: �Gf��ll�J��U�if
Karen Andrews
President
WIT�IESS: ,
: �.a � /� .�� , ��� � G.-,
Angelic� Petruzzelli
S EAL:
ATTEST:
� �.
IVlary :1.
City Se
Date:
,�� ��p�� ���
. �� ��
%�;� � � - `,y �: _
.,
;
ays � `�.
�ta y 'r .�
�� � �� 7 ��� .z_ �������
By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
require nts.
������`�
Roger Grantham +
,.�����
Environmental Supervisor ��A��:-��� �u:�h�;s�z�,tioa
,� ` ��( � � �'%�'���
�.�
����
OFFICIAL RECORD
CITY SECRETARY
E�T. WORTH, TX
Page 22 of 22 Asbestos Abatement and Demolition Annual Contract
Intercon Environmental, Inc.
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts
to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder,
non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State or Texas) bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount
that a Texas resident bidder would be required too underbid a non-resident bidder in order to
obtain a comparable contract in the State in which the non-resident's principal place of business is
located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident
bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident
contractors to do so will automatically disqualify that bidder. Resident bidders must check the box
in Section B.
A. Non-Resident vendors in
required to be
the Statute is attached.
(give State), our principal place of business, are
percent lower than resident bidders by State law. A copy of
Non-resident vendors in (give State), our principle place of business, are
not required to underbid resident bidders.
B. Our principle place of business or corporate ofFice(s) is in the State of Texas. 0
Bidder:
Intercon Environmental. Inc.
Karen Andrews
By: (Please Print)
Signature
President
Title (Please Print)
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 Project ENV-16-09; DEMO.
CONTRACTOR
Intercon Environmental, Inc.
By: .
Karen Andrews
President
Title
Februarv 21, 2017
Date
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
Karen Andrews, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the
act and deed of President of Intercon Environmental, Inc. for the purposes and
consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office this 21 st day of February, 2017.
o,��r"'Y'„'���,� ANGELICA PETRUZZEIIf ,
f
a ti�+,',....
�,p; �,tis Notary Publlc, Siat� ei T�xae ;' 4„ f � —1---�--- � �,
� � � �;� � �omm, �xplr�e 02-26•2020 `-"� �--� ' /1 �i �r ��,
'�,�,y�,���
�•,,,,�;,��,�� Nolnry tD a6G6611 Notary Pat�lic in and for th?��e of Texas
Angelica Petruzzelli
CERTIFICATE OF INSURANCE
TO: CITY OF FORT WORTH
Date: February 22, 2017
NAME OF PROJECT: Structura) Demolition and Removal, Transportation, and
Disposal of Asbestos Containin� Materials
':• lI �_:
CONTRACTOR:
ENV 16-09 :DEMO
Intercon Environmental Inc.
Please staple your Accord insurance form to this page.
Your insurance form should list the City of Fort Worth as the additionally insured.
,���� CERTIFICATE OF LIABILITY INSURANCE �°ozi2oi2oi� �'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO itIGHTS UPON THE CERTI�iCATE HOLDER. THI�
CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATiVELY AMEND, EXT�ND OR ALTER THE COVERAGE AFFORDED BY THE POLiCIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUiNG INSURER(S), AUTHORIZED
REPRESENTATNE OR PRODUCER, AND THE CER7IFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDiT10NAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement� A statement on this certifieate does not confer rights to the
PRODUCER
INSL�RED
THE WYATT AGENCY
130011TH STREET
SUITE 305-E
HUNTSVILLE, TX ?73A0
(NTERCON ENVIRONMENTAI�, (NC.
210 S. WALNUT CREEK DR.
MANSFIELD, TX 76063
INSURER C:
INSURER D:
COMPANY
a
INDIqATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIGH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJ�CT TO ALl THE T�RMS,
EXCLUSIONS AND CONDITIONS OF SUCH ROLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUQED BY PAID GLAIMS.
.�j'R TYPE OF INSURANCE I SR WVD POLICY NUMBER � PO OC EFF ��O�piCV�, UMITS
M
A GENERAL UABIUTY 12 EMP 43513 11 9/28/15 2/25/17 �CH OCGTURRENCE s 1,000,(
X COMMERCIAL GENERAL I,IAHiUTY PR MISES a occurrence) $ SO,�
CLAIMS•MADE a OCCUR MED EXP (An one erson) 5 5(
X ASBESTOS/�EAD PERSONAI&ADVINJURY $ 'I OOO�
X POLLUTION LIABILITY GENERAIAGGREGATE $ 2,000,(
GEN'L AGGRE�GA�TE IIMiT APjP''L�IEjS PER: PRODUCTS - COMP�OP AGG + a Z,OOO,�
POLICY I h 1 JEC I ! lOC ( S
g AUTOMOBILELIABILITY 11CAB5$237-09 2/6/17 jI 2/6/18 �e��°�) s 1,000,(
X ANY AUTO ( BODILY INJURY (Rer person) I S
AUTOS NED p�TOSU�� BODILY INJURY (Per ecGdent) 5
X HIRED AUTOS X q�pSWNED � I (Per e�denl) $
5
A �JMBREI.4.A41A8 X OCCUR
EXCRSS UAB CLAIMS-MADE
DED RETENTION 3
C WORKERS COMPENSATION
ANO EMPLOYERS' LIABILITY Y! N
ANY PROPRIETORIPARTNER/EXECUTIVE N ! A
OFFICERIMEMO�R EXCLUDED? �
12 EMX 4374010 � 9/28/15 � 2/25/17 I�CH OCCURRENCE
5
0001142280 2/25/i 6 2/25/17 X ORY LIMITS E'a"�
E.l. EACHACCIDENT $ �I
E.I.DISEASE-EAEMPLOYEE a '�
E.L DISFJ�SE-POI�ICYLIMIT S �
DESCRIPTION OF OPERATIONS f LOCATIONS / V�HICLES (Attach ACORD 101, Addktonal Retnatks Schedule, Itmore space is requlred)
RROJECT: STRUCTURA� DEMOLI710N AND REMOVAL, 7RANSPOR7ATION AND DISPOSAL OF ASBESTOS
BLANKET ADDITIONAI WSURED (EXCEPT WORKERS' COMP) ANQ WAIVER OF SUBROGA7IQN ON ALL POLIC(ES IS PROVIQED PER
PO�ICY LANGUAGE AS REQUIRED BY WFZITTEN CONTRACT.
CERTiFICATE HOLDE
CITY OF FORT WORTM
RISK MGMT DIVISION
200 TEXAS $TREET
FORT WORTH, TX 76102
ACORD 25 (2010/05)
CANCELLATIO
SHOULD ANY OF THE ABOVE OESCRIBEO POIICIES BE CANCELLED BEFORE
THE EXPIRATION OAT@ THEREOF, NOTICE WILL BE DELIVERED IN
ACG9RDANCE W�TH THE RQLICY PROVISIONS. �i
The ACORD name and iogo are registered marks of ACORD
AII rignts rese
M&C Review
• � � �
COUNCIL ACTION: Approved on 2/21/2017
DATE: 2/21/2017 REFERENCE NO.: '�*C-28119
CODE: C TYPE:
CONSENT
LOG NAME:
PUBLIC
HEARING:
Page 1 of 2
Officiai site of the City of Fort Worth, Texas
�t�RT_�
23ASBDEM02017
m
SUBJECT: Authorize Execution of Non-Exclusive Annual Contracts with Intercon Environmental,
Inc., Garrett Demolition, Inc., Eagle Remediation Services, Inc., and Cactus Abatement
and Demolition, Inc., for Structural Demolition and Asbestos Abatement Services for All
City Departments at an Aggregate Cost of $800,000.00 During Any One-Year Term (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of non-exclusive annual contracts
with Intercon Environmental, Inc., Garrett Demolition, Inc., Eagle Remediation Services, Inc., and
Cactus Abatement and Demolition, Inc., for structural demolition and removal, transportation, and
disposal of asbestos containing materials on an as-needed basis for all City Departments in an
aggregate amount of $800,000.00 during any one-year term.
DISCUSSION:
Professional services for the demolition of commercial and/or residential structures and,
subsequently, to remove, transport, and dispose of associated debris which may include asbestos-
containing materials are required on an as-needed basis for all City Departments. The Code
Compliance Department's Environmental Management Division manages these contract to ensure
regulations related to any environmental hazards are followed. The contract commonly serves to
provide on-call services to abate substandard structures or to support redevelopment.
To ensure the greatest degree of cost savings to the City and to allow for effective service, individual
contracts will be executed with up to four pre-qualified contractors. This allows for up to four pre-
qualified contactors to be eligible to submit pre-qualified costs as project needs arise. As demolition
projects arise, each firm must submit a cost proposal for the identified project scope. The contractor
which provides the lowest cost estimate is issued a task order to complete the project.
A Request for Qualifications (RFQ) for the provision of structural demolition and removal,
transportation, and disposal of asbestos containing materials on an annual contract basis was
advertised on September 22, 2016. Responsive submittals were received from the following seven
firms on October 27, 2016:
1. Cactus Abatement and Demolition, Inc.
2. Eagle Remediation Services, Inc.
3. Garrett Demolition, Inc.
4. Intercon Environmental, LP
5. Lindamood Demolition, Inc.
6. Matrix Demolition, Inc.
7. Pacific Environmental, Inc.
The submittals from each of the seven (7) firms were reviewed and rated by committee, based on the
published weighted selection criteria. The six criteria and their respective weightings were: (1) the
firm' s past experience and references (30 percent); (2) the prime contractor' s proposed project team
members and their experience (20 percent); (3) the qualifications of the provider' s subcontractors (10
percent); (4) the proposed M/WBE participation and plan (25 percent); (5) the contractor' s legal
http://apps.cfwnet.org/council�acicet/mc_review.asp?ID=24128&councildate=2/21/2017 3/2/2017
M&C Review Page 2 of 2
history (10 percent); and (6) the contractor' s work history with the City (five percent).
Intercon Environmental, Inc., Garrett Demolition, Inc., Eagle Remediation Services, Inc., and Cactus
Abatement and Demolition, Inc., were selected as the most highly qualified respondents, based on
demonstrated competence and qualifications provided in the Statement of Qualifications to perform
the services in accordance with Chapter 254 of the Texas Government Code.
M/WBE OFFICE: Intercon Environmental, Inc., Garrett Demolition, Inc., Eagle Remediation Services,
Inc., and Cactus Abatement and Demolition, Inc., are in compliance with the City's BDE Ordinance by
committing to five percent MBE (Minority Business Enterprise) participation. The City's MBE goal on
this project is five percent.
Contract terms with each of the four contractors will be one-year with options to renew for three
additional one-year periods at the City's discretion, with the aggregate amount of Task Orders for all
contracts hereby approved up to $800,000.00 during any one-year term.
The project will serve Fort Worth residents in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds are
available within existing appropriations for expenses associated with these contracts. The
participating departments have the responsibility to validate the availability of funds prior to an
expenditure being made.
Fund Department
ID
�M
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Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Catus Abatement - 1295.pdf
Eaqle 1295.pdf
Garrett Demo 1295.pdf
Intercon Enviro -1295.pdf
Budget Reference # Amount
Year (Chartfield 2)
Bud et Reference # Amount
9
Year (Chartfield 2)
Fernando Costa (6122)
Brandon Bennett (6345)
Elmer DePaula (7251)
Cody M Whittenburg (5455)
http://apps.cfwnet.org/council�acicet/mc review.asp?ID=24128&councildate=2/2ll2017 3/2/2017
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and s if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2016-141981
Intercon Environmental, Inc.
Mansfield, TX United States �ate Filed:
2 Name of govemmental entity or state agency that is a party to the contract for which the form is 12/01I2016
being filed.
City of Fort Worth Date Acknowledged;
��C�I '�
3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Project # 16-09 : DEMO
Demolition
4 Nature of interest
Name of Interested Party Cky, State, Country (place of business) (check applicable)
Controlling Intermediary
Andrews, Karen Mansfield, TX United States X
5 Check only if there is NO Interested Party. �
6 A� I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
,��""",,,4, ANGEIICA P@TRUZtELLI
3�.�FhY P�b '.
zr:�:u� : Notory Public, S1ate o} Texas
�N,tJ, , +�` Comm. Expires 02-28-2020 �
°�o�,Q;,;:� Notary ID 8606671
rd, � , n� �. Signalure of authorized agent ofcontrac[ing business entity
—""{'�'���� � ' `"{' Karen Andrews, President
Wintessed lotarized by: Angelic�t�elli
AKFIX IVD RY STAMP / SEAL A VE
Swom to and subscribed before me, by the said Karen Andrews , lhis the 1st day of �_pecember ,
20 •�-,__, to certify which, witness my hand and seal of office.
Y`ti_� Q���� Karen Andrew� C:nrnnrata SP ratan�
Signature of officer administering oath Prin[ed name of officer adminis[ering oa[h Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277