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HomeMy WebLinkAboutContract 48773. .. . ` ��� o`i !' � � ���`�.� p;s ; RECENED M�'' STA�� OF TEXAS ��``� �/ pT�,n!n_< � '�, Cil��O���,� „�, . ��N ��t'SUNTY OF TARRANT ��_ �``�8 , ' �� � C5C Number ` KNOWN ALL BY THESE PRESENTS 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 Garrett Demolition, Inc. ("Contractor"), acting through Bradley J. Garrett, 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. DEFINITIONS In this contract, the following words and phrases shall be defined as follows: Change Order means an officially authorized and executed written amendment to a Task Order, issued by the City. Citv'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. ___ ��� Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. OFFICIAt. RECO�� � � Page 1 of 22 P7'. WORTH, Tl� Emergency Demolition Order shall mean a demolition ordered by the City of Fort Worth Building Official due to the threat to public health and/or 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. Page 2 of 22 Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number 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 perForm, 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. Asbestos Abatement and Demolition Annual Contract Page 3 of 22 Garrett Demolition, Inc. 4. TERM 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. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor. 6. COMPENSATION Section 1 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 Department — 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). Page 4 of 22 Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number 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 Asbestos Abatement and Demolition Annual Contract Page 5 of 22 Garrett Demolition, Inc. 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: "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 Page 6 of 22 Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number d. Fines, penalties, costs, agreed orders, or settiements 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, RE�EASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL: Asbestos Abatement and Demolition Annual Contract Page 7 of 22 Garrett Demolition, Inc. 1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY) AND 2) VIOLATIONS, A�LEGED 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 EMP�OYEES 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 FAULT 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. 9. INSURANCE Page 8 of 22 Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number 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: 2. 3. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate Professional Liability Insurance - Not applicable. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). 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. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term "City" shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. Asbestos Abatement and Demolition Annual Contract Page 9 of 22 Garrett Demolition, Inc. 2. 3. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 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. 12. Subcontractor the same or Contractor. W provide City Page 10 of 22 s to the Contractor shall be required by the Contractor to maintain reasonably equivalent insurance coverage as required for the hen subcontractors maintain insurance coverage, Contractor shall with documentation thereof on a certificate of insurance. Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number 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. 11. WARRANTY Asbestos Abatement and Demolition Annual Contract Page 11 of 22 Garrett Demolition, Inc. 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. 13. OBSERVE AND COMPLY Page 12 of 22 Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number 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 o�cers, 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 perFormed 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. 16. MINORITY AND WOMAN BUSINESS ENTERPRISE �MM/BE) 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 Asbestos Abatement and Demolition Annual Contract Page 13 of 22 Garrett Demolition, Inc. 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 perFormance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national 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. Page 14 of 22 Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number 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. 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. Asbestos Abatement and Demolition Annual Contract Page 15 of 22 Garrett Demolition, Inc. 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: Bradley J. Garrett, President Garrett Demolition, Inc. P.O. Box 633 Burleson, TX 76097 24. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. 25. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26. CONTRACT CONSTRUCTION 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. Page 16 of 22 Asbestos Abatement and Demolition Annual Contract Garrett Demolition, Inc. CSC Number 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 Garrett Demolition, 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 bv 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 performed 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 Garrett Demolition, 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°/a 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 Garrett Demolition, Inc. All 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 fumishings, 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, tra�c 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 Garrett Demolition, 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) performed 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 Garrett Demolition, 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: � �n� ,L_,_� Fernando Costa Assistant City Mana er Date Signed: 3 / i7 RECOMMENDED: � /�/ '// �� - Cody ittenburg , Enviro ental Program Manager Code Compliance APPROVED AS TO FORM AND LEGALITY: ;,' ^ .� �.yL, - � `L . � Christa Lopez-R nolds Senior Assistant City Attorney CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER CONTRACTOR G rett Demolition, Inc. BY: Bradley J. Garr President �� ' � - _,� 7 /L'.� _-- SEAL: � �(;i�r �• � ATTEST: �� •� '"�� -••��� _ \��. � , •,,� � � ,� ' _ ary J. K er '� City Secret� 7'�'ti� Date: ��( 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. � �j<�^� - Roger Grantham (� r. ��� � j O Environmental Supervisor �•�� � `�� CQnt��,��; �����Q�i�t�tio� _ r� iJC ��, �� �b i�at� Page 22 of 22 '{��FICIAL RECORD �ITY SECRETARY �'1'. WORTH, TX Asbestos Abatement and Demolition Annual Contract Garrett Demolition, 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. 6. Our principle place of business or corporate office(s) is in the State of Texas. Bidder: Garrett Demolition. Inc. PO Box 633 Burleson. Texas 76097 �t.c� � By: (Please Pri , _ ___ ���_r-� � �i i � _ � � ' t ftLS��2�.'c 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 Title ��-�s► -� 0 STATE OF TEXAS § § COUNTY OF TARRANT § efore me, the undersigned authority, on this day personally appeared � ' , known to me to be the person whose name is subscribed to the fore in instrument, and acknowledged to me that he executed the same as the act and deed of �t(��I����QYI'�P}��'�YY�O� ifi0n for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 2�5� day of ��, 20�_. No Pu in an th ate f Texas ,,,,����,,, ;��p,{tVPVe���� TAYLOR N. LOU6HfRY aao; �o:Notary Public, State of Texas ;N9 �,`t� Comm. Expires 06-03-2020 �'��%�OF�d� Notary ID 130646050 ,mn�� CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: Februarv 22. 2017 NAME OF PROJECT: Structural Demolition and Removal, Transportation, and Disposal of Asbestos Containin� Materials PROJECT NUMBER: ENV 16-09 :DEMO CONTRACTOR: Garrett Demolition, Inc. Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. Client#: 102485 18GARREDEM DATE (MM/DD/YYYY) ACORDT� CERTIFICATE OF LIABILITY INSURANCE 2,22i2o�� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFtCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFiCATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham insurance & Risk Mgmt. ac"N , Ext : 817 336-3030 �c, No : 817 336-8257 1600 West Seventh Street E•MAIL Fort Worth. TX 76102-2505 ADDRESS: INSURED Garrett Demolition, Inc. P.O. Box 633 Burleson, TX 76097 INSURER(S) AFFORDING COVERAGE NA�C # iNsuReRA: Nautilus Insurance Company 17370 iNsuReRe: RSUI Indemnity Company 22314 iNsuReac: Texas Mutual Insurance Company 22945 iNsuRER o: Praetorian Insurance Company 37257 INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERALLIABILITY ECP201605411 10/08/2016 05/21/201 EACHOCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence � � �0,0�� CLAIMS-MADE a OCCUR MED EXP (Any one person) $ rJ,�O� X BI/PD Ded:$2�rJOO PERSONAL & ADV INJURY $ ��OOO�OOO GENERAIAGGREGATE �y2�OOO�OOO GEN'LAGGREGATELIMITAPPUESPER: PRODUCTS-COMP/OPAGG �L�OOO�OOO POLICY X PR� LOC 5 JECT � AUTOMOBILE LIABILITY PICTX0004064 05/21 /2016 05/21 /201 COMBINED SINGLE LIMIT ,� o00 000 Ea accident $ > > X ANY AUTO BODILY INJURY (Per person) $ AlL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE r� HIRED AUTOS AUTOS Per accident 3 g UMBRELLA LIAB X OCCUR NHA241206 10/08/2016 05/21/201 EACH OCCURRENCE $$ Q�Q Q�� �( EXCESS LIAB CLAIMS-MADE AGGREGATE .$S OOO OOO DED RETENTION ^� $ C WORKERSCOMPENSATION 0001201383 05/21/2076 05/21/201 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY Y� N R LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT ��,OOO,OOO OFFICER/MEMBER EXCLUDED? � N / A (Mandatory in NH) E.L. DISEASE- EA EMPLOYEE ^y�,���,0�� If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT ^�� �OOO�OOO A Contractors Poll. ECP201605411 10/08/2076 05/21/201 Each Condition $1,000,000 Ded. Per Occ. $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Project #ENV16-09 Structural Demolition and Removal, Transportation and Disposal of Asbestos Containing Materiais ENV2154A 09/06 Additional Insured-Blanket-Owners, Lessees or Contractors ENV2004 09/06 Waiver of Subrogation (See Attached Descriptions) FICATE City of Fort Worth Attn: Department of Financial Management Services - Risk Management Division 200 Texas St. Fort Worth TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ i � � .�0� � - .�Y �t�'1 �11 �`',Q�lV (� . �• O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and Iogo are registered marks of ACORD #S749959/M709420 18TXA SAGITTA 25.3 (2010/05) 2 of 2 #S749959/M709420 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Who is An Insured (Section II) is amended to include as an insured any person (s) or organization (s) for whom you are performing operations when you and such person (s) or organization (s) have agreed in writing in a contract or written agreement that such person (s) or organization (s) be added as an additional insured on your policy, but Only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured; or 2. Your work performed for such person(s) or organizations(s) and included in the products-completed operations hazard, only when required by the written contract or written agreement. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above, but only when required by written contract or agreement. O 2006 by Berkley Specialty Undenvriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. Ail rights reserved. O 1985-2006 by Insurance Services Office, Inc., material used by permission. ENV 2154 A 09 06 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. O 2006 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus insurance Company and Great Divide Insurance Company. All rights reserved. �O 1985-2006 by Insurance Services Office, Inc., material used by permission. ENV 2004 09 06 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. !1r/1�A��aTrl�..AA��AT��11��AT�A�■ 11�O�. . Designated Construction Projects: All Projects of the Named Insured A. B ;CT{S) GENERAL AGGREGATE LIMIT SCHEDULE For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I— COVERAGE A which can be attributed only to ongoing operations as shown in the schedule above: 1. A separate Designated Construction Project Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations page. 2. Except for damages because of bodily injury or property damage included in the products-completed operations hazard, the Designated Construction Project Limit is the most we will pay for the sum of all damages under SECTION 1—COVERAGE A regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing suits. 3. Any payments made under SECTION I—COVERAGE A for damages shall reduce the Designated Construction Project Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations page nor shall they reduce any other Designated Construction Project Limit, except as affected by the Designated Construction Project Aggregate Limit described below. 4. The limits shown in the Declarations page for Each Occurrence and Damage to Premises Rented to you continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project Limit. 5. a. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under the Designated Construction Project Limit, described in 1. and 2. above. b. Regardless of the number of construction projects or designated construction projects covered under this policy, the most we will pay as the Designated Construction Project General Aggregate is $2,000,000. For ail sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I—COVERAGE A which cannot be attributed only to ongoing operations as shown in the schedule above: � 2. Any payments made under SECTION I—COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit, whichever is applicable; and Such payments shall not reduce any Designated Construction Project General Aggregate Limit. ECP 1021 10 06 Page 1 of 2 C. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION IV — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ECP 1021 10 06 Page 2 of 2 �- QBE� COMMERCIAL AUTO QBCA-0192 (01-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER QF SUBRQGATIDN ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUT� C�VERAGE F�RM MQTOR CARRIER CUVERAGE F(�RM It is agreed that the company recognizes the validity of any waiver of subrogation which might arise by reason of any payment under this policy in connection with the operation of any insured automobile, if such waiver was executed by the named insured, as required by written contract, in writing prior to the occurrence of any "loss". All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc. with its permission. QBCA-0192 (01-15) Page 1 of 1 POLICY NUMBER: PicTx000aosa �- QBE� COMMERCIAL AUTO QBCA-0187 (01-1�} THIS ENDORSEIVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIQNAL INSURED END�RSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUT(� COVERAGE FORM M�T�R CARRIER CC>VERAGE F�RM Additional Insured: Blanket As Required By Written Contract The definition of "insured" includes any person or organization with whom you agreed, because of a written contract, agreement or permit, to provide insurance such as is afforded under this Coverage Part, but only with respect to your ownership, maintenance or use of a covered "auto". This provision only applies if the written contract or agreement has been executed or permit issued prior to the "bodily injury" or "property damage". PREMIUM: Schedule This coverage shall be primary and not contributory with respect to the person or organization included as "insured" under this section. Any other insurance that person or organization has shali be excess and not contributory with respect to this insurance, but this provision only applies if it is required in the written contract, agreement or permit identified in this section, and is permitted by law. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc. with its permission. QBCA-0187 (01-15) Page 1 of 1 � WORKERS' COMPENSATION AND EMPLOYERS �./X�►���U�U LIABILITY INSURANCE POLICY InsuranceCompany WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies oniy to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liabie for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium forthis endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organizatian ( X ) Blanket Waiver Any person or organization for whom the Named Insurad has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be ___ percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on POIIGy N0. 0001201383 �SSU2d f0 Garrett Demolition, Inc. DBA: Premium $ NCCI Carrier Code 29939 WC420304B (ED. 6-01-2014) at 12:01 A.M. standard time, forms a part of oftheTexas Mutual Insurance Company Endorsement No. y� i���'1�.,� Authorized Representative � � ` � DATE �MM/DD/YWY) :oRo CERTIFICATE OF LIABILITY INSURANCE ,,,�„��, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 3oxlnsurance Agency 1200 S. Main St., Ste 1600 3rapevine TX 76051 INSURED HP EnviroVision 310 E. Trinity Bivd., Ste. 800 Grand Prairie TX 75050 HPEN-V1 INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : GOVERAGES CERTIFICATE NUMBER:2023231231 REVISION NUM6EFi: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADD BR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMlDD/YYYY MM/DD/YYYY C GENERAL LIABI�ITY Y Y 7930055750000 1/1/2017 1!1/2018 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 350,000 CLAIMS-MADE � OCCUR MED EXP (Any one person) �5,000 PERSONAL&ADVINJURY $1,000,000 GENERAI AGGREGATE 32,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG �u2,000,000 POLICY X PRO- LOC � A AUTOMOBILE LIABILITY Y Y BAS57667878 1/1/2017 1/1/2018 Ea aocident �1,000,000 %� ANY AUTO BODILY INJURY (Per person) 5 AlL OWNED SCHEDULED BODILY INJURY (Per acciden[) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE y� AUTOS Per accident 5 C UMBRELLA LIAB X OCCUR Y 7930055760000 1/1/2017 1/1/2018 EACH OCCURRENCE 510,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION �, FOLLOW FORM SFOLIOW FORM g WORKERS COMPENSATION y TSF0001152178 1/1/2017 1!1/2018 X O SLIMITS �ER AND EMPLOYERS' LIABILITY �,� N ANY PROPRIETOR/PARTNERlEXECUTIVE ❑ N� A E.L. EACH ACCIDENT $1,000,000 OFF�CER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE 51,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 � Pollution & 7930055750000 1!1/2017 1!1/2018 Limit: $1,000,000 Deductibie: $5,000 Professional Limit: $1,000,000 Deductible: $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES �Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project Number: ENV16-09 Name of Project: Structural Demolition and Removal, Transportation, and Disposal of Asbestos Containing Materials 30 Day Notice of Cancellation Endorsements have been ordered CERTIFICATE HOLDER SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Department of Financial Management Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth ZOO T2XaS Stf88t . AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD €��(icyM1S�aft�i��:r; ,"33...{3� _�;�i_-1�.__�}���f3 THIS �f�iC}t�iiS��r'f�tVi` Gf��t���� TFi� PCiLiCY. �'L���� }��A[3 i'i" �d�F����.1L.LY. _ � i � � �. �c � �*° . � _ � ;� �; � � , �.�. ., � � ':, ;�,!'"_:� ; �'° �! " : �.. ,� � �. . T'his �ndc�r�etr��nt �nfy rt��di�ie;� c�v�r��e p�c��ide�i urad�r the %Il��rirtc�: �t7h11E�t1�F�€�i�l. G�l�(�i���, Ll1i�iL,ITY CGV�I��G� (��RT �t��l"R�iGTC��S ENVIR��iMENTAI. I_IA�lLlT`t �C3�ERA�E f���T ���#Ei;tiL� '���i�� �f ����c�r� r�r �r€��r�iaat�ot�: ��s� ���r��r r�i �.�_c��.�t��= ���f�a�r,ri f,��r c>�;i�i.�F%_ t�lc� �T�,�gtf�:�i ����urr�ci �;�� ac�r��r.i �.r� �Y_"�'3`t�';l..r.�t_. ' :�:�.1I7'�'�I7�f�' �>.�'' �}I" �tJ it�� s c?� �L"E��:4.C��� �'i�' i:,I'l.ii,�i �%�a�.%.�`y° Sw1i:1� C.rt£'?�.�° �.:.:� �� s�' :;iCv�?� G� 1Sl`>t�'t"F�1.te:t? �1�(�'�i=:� �,t� ��F�7 ��1€? 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AIC at1��r kern�� �n�i ccan�iitians ren��ir� i�� s�m�. ���Nv GE �� J ta2 91� €rtc;luci�s c�py��,y�tezi r��at�rEai nf inse€ts�nr,� S�aui�ev a�f�c�, fn, , 1�F i �o�>yri�frot ��1 t, t3n��3var.vn i€isursnce E3r�t�� ( t.0 t�-EAi�Ur��D � � �: � 1� y �� E�..-�'i::_d�� " �� �? :�:���`�`���'=-: �.x 'd:� -�� � __ �,���� ^��" �z_-�- � �'..���".,.'.:=�... _����_-',-�`-'a,-'�:�"�"��.� � - _ "':'"-=`,���� •�.�.�i�.��..,��v��� �.��_�:� Pcaii�y�Iurnber; ?i�:3,()t�..:�5-7!;�-fit'}tif= TNf1� �i�C7t)i�S�lt���f"i' t;H�Ri�F� t"H� t��Lt�Y» �'�.�A."�s� RE�T7 i7' G;4R�Ft1L�Y. . � ,� � � � � � , ;� � ,, , . � � � �, . � . , _ � '1'his er3�3Q�-s�rnent �n�+� tt�odif€�s c�v�rar�� �ar�vit��t# �iri�er fhe fc�ilcswing: �C��i��r�i�F��(t�L ��NERAI. 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The Tc�l�i ���ignat�:�1 Gc�nslrueti�ts Praject{s} Agc�reg�tc� �.imit s�r,vrn in #he �CH�.�t�L� �b�va iH th� mc�si w� wifl �ay fc�r 4he su�� QF a!I c3arr�ages �au���i by �c�urrenc�s c�nc�er ��:�tia� i— �t����at�� A, ex�;�pi c�;�ct��c�e:� i��c�us� c�t t��acfiEy ir�jury c�r p.rc��eriy dan�agc inel��c�er! �n [tf� �r�d�iut�-cornpie��ci c�per�tic�n� t�aia�d, ar�c# far �(: rr��c�ic�l ex�errses c�usecf by acciaent� uncier �`aE;CE[d7it i-- CnV�fzzt�� �;, WhtC�T C�ft E�� r�t�ftbU��C{ t3€11y }4 ��I�C3ft5� C3��t��iUP1� �# d��it�tf��2C� c�r��ic[�c:tis�r� {�rc�j�r.f� t�[3�„i�V i�t. 3��@ (Ci7 i�j €a�r,luci�::> r,cs�yri�h��:�-i n3�C:,�i�d c�� Inatararr�;ien�itc;a Cii(ic�:. li�c Co�yri;�i?i rgt,i, <3neF3e�;csn irr;;�arat�c� �rr�u�, €.I_Cs � I�+{ yt�€#��E.} 1''rii�t: 'S tJi x? ��-1"�1m�'�"'�-.��.... �`�'..,�' "�. ��:�;'� ,�',��;. 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Th� lirr�it, si��at�+n in th� Ci��lar�tic�n� far ��ch C?�cc�rrenc�, l���n�r�� 'i� Pr�rt�ise� Rente�c# �"� Y�st an�i Medic�( �xp�nse c�ntin�t� to ��p{y. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI2ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must have ADDITIONAL INSURED provisions or 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vicki Leslie IBTX 6363 N. State Highway 161, Suite 100 A/CNNo ext: �214) 989-7100 �C No:�214) 596-9030 enna�Fcc• serviceQib-tx.com Irving TX 75038 INSURED 1 Priority Environmental Services, Inc. 2573 Gravel Fort Worth TX 76118 INSURER A INSURER B INSURER C FFORDING COVERAGE NAIC # rance Co of NY 34452 ialty Ins. Company 27154 Insurance 22945 COVERAGES CERTIFICATE NUMBER: cert rn 22732 REVISION NUMBER:#4 on 12/27/16 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR pOLICY NUMBER MM/DD�YY MMID �YY LIMITS LTR A X COMMERCIALGENERALLIABILITY EACHOCCURRENCE 5 5,000,000 CLAIMS-PAADE � OCCUR 793003634 0001 08/04/2016 08/04/2017 PREMSES� aoccurence 5 300,000 X Contractual Liab MED EXP (Any one person) S 25, 000 X XCU PERSONAL&ADVINJURY $ 5,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE ^� 10,000,000 POLICY � �E� � LOC PRODUCTS-COMP/OPAGG $ 5,000,000 OTHER: � AUTOMOBILELIABILITY COMBWEDSWGIE LIMIT $ l, 000, 000 Ea accident g g ANYAUTO 793003635 0001 08/04/2016 OS/04/2017 BODILYINJURY(Perperson) 5 OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident � $ A UMBRELLALIAB X OCCUR 793003636 0001 08/04/201608/04/2017 EACHOCCURRENCE 3 5,000,000 g EXCESSLIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 Prod-Com 1 A � 5,000,000 C WORKERSCOMPENSATION Y,N TSF-0001262884 12/30/2016 12/30/2017 X STATUTE E�RH AND EMPLOYERS' LIABILITY ANYPROPRIETORlPARTNER/EXECUTIVE E.L EACHACCIDENT $ 1, 000, 000 OFFICER/MEMBEREXCLUDED? �N N�A (MandatoryinNH) E.L.DISEASE-EAEMPLOYEE $ 1,000,000 If yes, describe under 1, 000, 000 DESCRIPTION OF OPERATIONS below E.l. DISEASE - POLICY LIMIT $ A Pollution 793003634 0001 08/04/2016 08/04/2017&ach Pollution c� 5,000,000 Condition A Professional Liability 793003634 0001 OB/04/2016 08/04/2017Each Claim g 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 701, Additional Remarks Schedule, may be aNaehed if more space is required) General Liability/Pollution and Automobile Policies include blanket Additional Insured Endorsements (OBENVGE301 02/11 (Ongoing Operations), OBPsNVGE304 02/11 (Completed Operations)and VCA 627 TX O1/09] as agreed in writing by Named Insured. General Liability/Pollution, Fsxcess, Automobile and Workers Compensation policies include blanket Waiver of Subrogation Endorsements [OBSNVGE320 04/11, OBBNVXS300 04/11, VCA627TX O1/09, WC420304B 6/14] as agreed in writing by Named Insured. General Liability/Pollution and Excess includes blanket Primary & Non-Contributory Fsndorsements (OBENVGE319 02/11 and OBENVXS301 04/il]. Excess Liability follows form of underlying. General Liability/Pollution Blanket Contractual Liability Railroad [OBBNVGE313 02/11] Project Number: $NV16-09 CERTIFICATE HOLDER City of Fort Worth 200 Texas St. Ft Worth TX 76102 I ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��� O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 2 DOC (10/2003) Page 2 of 2 Policy Number: 793003634 0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES 4R CONTRACT4RS - SCHEDULED PERS4N QR ORGANIZATION - FORM I This endorsement only modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACT�RS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE ame ot Nerson or urgan�zation: Any person or organization for which the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the scope of insurance agreed to by the Named Insured. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II — iNHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE above, but only with respect to liability arising out of your ongoing operations pertormed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury, property damage or environmental damage occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be perFormed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perForming operations for a principal as a part of the same project. All other terms and conditions remain the same. OBENV GE 3d1 (02 11 j Includes copyrighted material of Insurance Services Office, Inc. 1 of 1 Copyright 2011, OneBeacon Insurance Group LLC E-INSURED Policy Number: 793003634 0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITI4NAL INSURED - C�INNERS, LESSEES OR C4NTRACT4RS - COMPLETED OPERATIQNS This endorsement only modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRAGTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization{s): Any person or organization for whzch the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the scope of insurance agreed to by the Named Insured. (If no entry appears above, information required to co as applicable to this endorsement.) Location And Description Of Completed Operations: Any location or completed operation, but only to tlze scope of insurance agreed to by the Named Insured. endorsement will be shown in the SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage or environmental damage caused, in whole or in part, by your work at the location designated and described in the SCNEDULE above performed for that additional insured and included in the products- completed operations hazard. All other terms and conditions remain the same. OBENV GE 304 (02 11} Includes copyrighted material of Insurance Services Office, Inc. 1 of 1 Copyright 2011,OneBeacon Insurance Group LLC E-INSURED FORMING PART OF POLICY #7930036350001 THIS ENDORSEIVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE F4R AUT4MOBILE - TEXAS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. I 11 SCHEDULE OF COVERAGE EXTENSIONS Airbag Discharge Auto Theft Reward Bfanket Waiwer afi Subrogatian Bodily Injury Redefined — Mental Anguish Broad Form Named Insured Communications Equipment Diminution in Value Drive Other Car — Executive Officers Duties In The Event of Accident, Claim, Suit or Loss Emplovees As Insureds 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 Employee Hired Autos Fellow Employee Exclusion Glass Repair — Waiver of Deductible Hired Auto Physical Damage Coverage Lease Gap Coverage Liability Coverage — Supplementary Payments Newly Formed or Acquired Organizations Physical Damage — Transportation Expenses Rental Reimbursement — Private Passenger Vehicies Towing — Any Covered Auto 1. AQDITIONAL INSURED BY CONTRAC7': The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Caverage Form. Such person or organization is an insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional insureds, this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage' ; b. To any person or organization included as an insured by endorsement or in the Declarations, or c. Ta any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or replace an airbag that accidentally discharges without the vehicle being irivolved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We wiil pay up to a$2,000 reward in the event of a covered loss, for information leading to the arrest and conviction of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while perForming their duty. 4. BLANKET WAIUER O� SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property damage". VCA 627 TX 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Gopyright 20Q9, OneBeacon Insurance Group LLC E-INSURED Policy Number: 793003634 0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER QF TRANSFER OF RIGHTS OF REGOVERY AGAIRIST OTHERS TO US This endorsement only modifies coverage provided under the following: C�MMERCIAL GENERAL LIABILITY C�VERAGE PART CONTRACTC�RS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization for which the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the scope of insurance agreed to by the Named Insured. SECTION IV — CONDITIONS, 13. Transfer of Rights of Recovery Against Others To Us is deleted and replaced with the following: 13. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, thase rights are transferred to us. The insured must do nothing to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any recovery will be paid first to us until all amounts we have spent on a claim or suit have been reimbursed. The insured expressly waives the right to be made whole by any such recovery. We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the SCHEDULE above. All other terms and conditions remain the same. OBENV GE 320 (04 17 ) Includes copyrighted material of Insurance Services O�ce, Inc. 1 of 1 Copyright 2011, OneBeacon Insurance Group LLC E-INSURED Policy Number: 793003636 0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS �F REC4VERY AGAINST QTHERS T4 US This endorsement only modifies coverage provided under the following: FOLLOW-FORM EXCESS COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization for which the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the scope of insurance agreed to by the I�Tamed Insured. 2. SECTION III — CONDITIONS, 13. Transfer of Rights of Recovery Against Others To Us is deleted and replaced with the following: 13. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any recovery will be paid first to us until all amounts we have spent on a claim or suit have been reimbursed. The insured expressiy waives the right to be made whole by any such recovery. We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the SCHEDULE above. The following is added to SECTION VI - DEFINITIONS: Your work and products-completed operations hazard shall have the same meanings as such terms or equivalent terms in the underlying insurance. All other terms and conditions remain the same. OBENV XS 300 (04 11} Includes copyrighted material of Insurance Services Office, Inc. 1 of 1 Copyright 2011, OneBeacon Insurance Group LLC E-INSURED FORMING PART OF POLICY #793003634 0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-C4NTRIBUTORY END4RSEMENT This endorsement modifies coverage provided under the following: C�MMERCIAL GENERAL LIABILITY COVERAGE PART Ct�NTRACT�RS ENVIRONMENTAL LIABILITY C�VERAGE PART SECTION IV - CONDITIONS, 8. Other Insurance, is amended by adding the following paragraph: This insurance will be considered primary to, and non-contributory with any other insurance issued directly to a person or organization added as an additional insured under this policy, only if you specificaily agree, in a written contract or agreement, that this insurance must be primary to, and non-contributory with, such other insurance. All other terms and conditions remain the same. OBENV GE 319 (02 11) Includes copyrighted materiai of Insurance Services Office, Inc. 1 of 1 Copyright 2011, OneBeacon Insurance Group LLC E-INSURED Policy Number: 793003636 0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-C4NTRIBUTORY END{�RSEMENT This endorsement modifies coverage provided under the following: FOLLOW-F�RM EXCESS COVERAGE PART SECTION III - CONDITIONS, 9. Other Insurance, is amended by adding the following paragraph: This insurance will be considered primary to, and non-contributory with, any other insurance issued directly to a person or organization added as an additianai insured under the underlying insurance, only if you specifically agree, in a written contract or agreement, that this insurance must be primary to, and non-contributory with, such other insurance. All other terms and conditions remain the same. OBENV XS 301 (04 11) Includes copyrighted materiai of Insurance Services Office, Inc. 1 of 1 Copyright 2011, OneBeacon Insurance Group LLC E-INSURED Policy Number: 793003634 0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILR4ADS This endorsement only modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY C�VERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY C�VERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: Per Schedule on file with company As required by written contract With respect to operations perFormed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of insured contract in SECTION VII - DEFINITIONS is replaced by the foilowing: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract; b. c. d. e. A sidetrack agreement; Any easement or license agreement; An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; An elevator maintenance agreement; That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury, property damage or environmental damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) (b) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. All other terms and conditions remain the same. OBENV GE 313 (0211) Inciudes copyrighted material of Insurance Services Office, inc. 1 of 1 Copyright 2011,OneBeacon Insurance Group LLC E-INSURED X � WORKERS' COMPENSATION AND EMPLOYERS � �.��U�1 � LIABILITY INSURANCE POLICY lvl �,; InsuranceCompany WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge forthis endorsement shall be 2. 00 percent of the premium developed on payroll in connection with work perFormed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium I NCLUDED, SEE I NFORMAT I ON PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/30/2016 at 12:01 A.M. standard time, forms a part of PolicyNo. TSF-0001262884 oftheTexas Mutual Insurance Company IssUedtO 1 Priority Environmental Services, Inc. Endorsement No. Premium $ NCCI Carrier Code 29939 WC4203048 {ED. 6-01-2014) INSURED'S COPY %� ���� N� Authorized Representative _�'�', ACORD" ��. TEAMENT-01 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 certificate does not confer riahts to the certificate holder in Iieu of such endorsement(sl. PRODUCER '-"'"'�"r """ ' �" Legends Environmental Ins. Services 130 Vantis Suite 250 Aliso Viejo, CA 92656 INSURED Hester Environmental, L.P. DBA Team Enterprise 1915 Peters Rd. Suite 107 Irving, TX 75061 INSURER F : 297-5537 52011 � jac, No�:(949) 297-5960 Ch.LeachCcilioausa.com COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUBR pOLICY NUMBER POLICY EFP POLICY E%P LIMITS LTR INSD WVD MM/DD/YYYY MM/DDM'YY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ Z,OOO,OOO CLAIMS-MADE X OCCUR 1000066476161 11/30/2016 11/30/2017 DAMAGETORENTED 50,0�0 X X PREMISES Ea occurrence $ x C011tC8CtOCS POII. MED EXP An one erson 3 5,��� PERSONAL & ADV INJURY g 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE g Z,OOO,OOO POLICY ❑X �ER� � LOC PRODUCTS-COMP/OPAGG $ 2,000,000 orHER: Deductible g 5,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'I �OOO�OOO Ea accident S ANYAUTO 1000066476161 11/30l2016 11130/2017 gODILYINJURY Per erson 5 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident 5 X HIRED �( NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident 5 3 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE g 5,000�000 X EXCESS LIAB CLAIMS-MADE 1000337029161 11/30/2016 '� �/30/20�7 AGGREGATE 3 5,���,��� DED X RETENTION $ � g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y� N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTNE ❑ E.L EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED? N � A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POUCY LIMIT 5 q*Professional Liab. 1000066476161 11/30/2016 11/30/2017 Included in Above GL DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Project ENV16-09 Structural Demolition & Removal, Transportation and Disposal of Asbestos Contaming Materials Certificate Holder(s) is/are Additionai Insured(s) for General Liability with respect to work performed for them by the Named Insured as required by written contract, per Blanket Additionai Insured endorsement Nos. CG20100413 and CG20370413. Blanket Waiver of Subrogation applies to General Liability as required by written contract, per Endorsement No. SL0230611. Thirty(30) Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium applies, in accordance with policy provisions. *Professional Liability is written on a Claims Made basis. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ciry of Fort wortn, 200 Texas Street ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000066476161 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 1000066476161 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but oniy with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". H owever: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 O insurance Services Office, Inc., 2012 Page 1 of 1 t - Starr Surplus Lines Insurance Comp�.ny Chicago, IL 1-646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066476161 Effective Date: November 30, 2016 at 12:01 A.M. Named Insured: Hester Environmental LP This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage Form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY � ��_ � � �' - � e..P,� � �-'`°^;*�` � � ;J:1 t�;f'�r�'�.z"'�r�-..�� �' ;`�'--�'�i�-��v "� Charles H. Da gelo, President Nehemiah E. Ginsburg, Genera��Counsel SL 023 (06/11) Page 1 of 1 Copyright O C. V. Starr & Company and Starr Surplus Lines Insurance Company. AII rights reserved. Includes copyrlghted malerial of ISO Properties, Inc., used with its permission. / , � DATE (MM/DD/YYYY) A� � CERTIFICATE OF LIABILITY INSURANCE o2�2z�2oi� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAI INSURED provisions or 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 certificate does not confer rights to the certificate holder in Iieu of such endorsement(s). PRODUCER - CONTACT Boyd, Shackelford & Barnett, LLC PHONE Lucas Boyd FAX 5800 Granite Parkway Suite 350 alC No ext: (9�2) 767-2811 q/C No:(214) 988-5196 Plano TX 75024 INSURED Hester Environmental LP dba TEAM Psnterprise 1915 Peters Rd. Suite 107 Irving TX 75061 COVERAGES ADDR�ESS: courtney(�bsbins.com INSURER(S) AFFORDING COVERAGE INSURERA:Texas Mutual INSURER B : INSURER C : INSURER D : INSURER E : CERTIFICATE NUMBER: Cert ID 11701 REVISION NUMBER: 22945 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -rypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR D D POLICYNUMBER MM/DDIYYYY MM/DD/YYYY COMMERCIAL GENERA� LIABILITY EACH OCCURRENCE $ CLAIMS-MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 5 MED EXP (Any one person) 5 PERSONAL & ADV INJURY ^� GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE y POLICY � PR� � LOC PRODUCTS - COMP/OP AGG � JECT OTHER: � AUTOMOBILELIABILITY COMBINED SINGLE LIMIT � Ea accident ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Peraccident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE y AUTOS ONLY AUTOS ONLY Per accident 3 UMBRELLALIAB OCCUR EACHOCCURRENCE ^� EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ 5 WORKERSCOMPENSATION PER OTH- A ANDEMPLOYERS'LIABILITY Y�N 0001262710 12/30/201612/30/2017 x STATUTE ER ANYPROPRIETOR/PARTNER/EXECUT�VE ❑ N�A E.L. EACHACCIDENT $ 1, 000, 000 OFF�CER/M EMBER EXCLUDED7 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE 5 1, 000, 000 If yes, describe under 1, 000, 000 DESCRIPTION OF OPERATIONS beiow E.L. DISEASE - POLICY LIMIT $ $ S DESCRIPTION OF OPERA710NS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Worker's Compensation policy includes an automatic blanket waiver of subrogation endorsement that provides this feature to the certificate holder only when there is a written contract between the named insured and the certificate holder who requires it. City of Fort Worth 200 Texas St. Fort Worth TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i ��. O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 M&C Review DATE: •. COUNCIL ACTION: Approved on 2/21/2017 2/21/2017 REFERENCE NO.: **G28119 LOG NAME: C TYPE: CONSENT PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas ���T��t�RTI� 23ASBDEM02017 f�C�7 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 COUNCI� 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�acket/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 Fund Department ID nt Project Program Activity Budget Reference # Amount ID Year (Chartfield 2) Project ID Submitted for City Manager's Office bv: Oriqinating Department Head: Additional Information Contact: ATTACHMENTS Catus Abatement - 1295.pdf Eaqle 1295.pdf Garrett Demo 1295.pdf Intercon Enviro -1295.pdf Program ( Activity I Budget I Reference # Year (Chartfield 2' Fernando Costa (6122) Brandon Bennett (6345) Elmer DePaula (7251) Cody M Whittenburg (5455) Amount http://apps.cfwnet.org/council�acicet/mc review.asp?ID=24128&councildate=2/21/2017 3/2/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1- A and 6 ii there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING i Name of business entity filing form, and the city, state and cauntry of the husiness entity's place Certificate Number: of business. 2016-142883 Garrett Demolition, Inc Burleson, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract tor which the form is 12(05l2016 being fifed. Clty Of Fort Wolth Date Ac nowle�lged: r r �. 1 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other propetty to be provided under the contract. ENV 16-09 City-Wide Commercial & Residential Demolition Services Annual Contract 4 Nature of interest Name of Interested Party City, State, Country (place of business ) (check applicable) Cantrolling Intermediary Collmar, April Burleson, TX United States X Garrett, Bradley Burleson, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVtT I swear, or affirm, under penalry of perjury, that the above disclosure is true and correct. ,�"""""��. TRYLOR N. LOUGHERY � ��:1!�0',, . 3i,� �� �Notary Public, State of Texas ;�1� � �; Comm. Expires 05-03-2020 '��,,,°; ,�o�`�` N01ary ID 130646050 Sic� ture of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said C` L�v[ , this the �� day of� ���}") Y, 20 l� p , to certify which, witness my hand and seal of office. lv ►� �� a-hv-e � s�~w� igna of officer dmi i ering o Printe name of officer ad nistering oa Titie of officer administering oath Forms provided by Texas Ethics Commission wuvw.ethics.state.tx.us Version V1.0.277