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Home My WebLink AboutContract 48775� . ,� =� �� i� �= �:'_ �_:�' R�CENED � �:, �`�" MAR - �� ' P �Tq-� OFTEXAS - �� G��SERTWO� � f:�;� ��n �OUN7Y OF TARRANT "��,'��,'-.,o_ CSC 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 Cactus Abatement and Demolition, LLC ("Contractor"), acting through Nelda J. Hall, 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: Chanqe Order means an officially authorized and executed written amendment to a Task Order, issued by the City. City's Representative means the Environmental Program Manager, Code Compliance Department, Environmental Management Division, or his designee. Contract Documents means this contract; Request for Qualifications; attachments, pre- bid amendments, and appendices to the Request for Qualifications; the Contractor's response to the Request for Qualifications; all ancillary documents submitted with the Contractor's response to the Request for Qualifications; Requests for Costs; Task Orders; and other written, printed, typed and drawn instruments that comprise and govern the performance of the work, including, but not limited to, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, change orders, any contract amendments and the payment, performance and maintenance bonds, or other such similar documents as may be required for work perFormed under this contract. The Contract Documents shall also include any and all supplemental agreements approved by the City which may be necessary to complete the work in accordance with Asbestos Abatement and Demolition Annual Contract Cactus Abatement and Demolition, LLC ��.��FICIA� �� `�� ITX SECRETARY �'i'. WORTH, TX Page 1 of 23 CSC Number 1. The scope of work for that project. 2. The time to complete work for that project. 3. The agreed compensation for completion of work as specified for that project. The scope of work shali 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 23 Cactus Abatement and Demolition, LLC , _ CSC Nuinber 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 23 Cactus Abatement and Demolition, LLC CSC Number d. Fines, penalties, costs, agreed orders, or settlements to any federal, state, or local government for violations of environmental laws, permits, standards, or regulations. 2. "Environmental Requirements" shall mean the allowable or permissible levels, concentrations, or amounts of materials; all applicable present and future statutes, regulations, rules, permits, plans, or authorizations of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof; and all applicable judicial, administrative, and regulatory decrees, judgments, and orders; and all common law causes of action; all of the above relating to the protection of human health or the environment and being inclusive of, but not limited to: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of wastes, substances, materials, pollutants, contaminants, hazardous wastes, petroleum products, toxic substances, materials, or other any other regulated or harmful substances whether solid, liquid, or gaseous into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of elements, compounds, materials, substances, pollutants, contaminants, or hazardous or toxic materials, substances, or wastes, whether solid, liquid, or gaseous in nature; b. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of radioactive materials or radiation or electromagnetic fields; c. All requirements pertaining to the protection of the environment, natural resources, the health and safety of employees or the public; d. Citizen suits authorized by any federal or state law; and e. All cornmon law causes of action related to health, safety, natural resources, and the environment. B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND A�L: Asbestos Abatement and Demolition Annual Contract Cactus Abatement and Demolition, LLC Page 7 of 23 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: � 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. transporting materials policy. � Liability for damage occurring while loading, unloading and collected under the Contract shall be included under this 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. Asbestos Abatement and Demolition Annual Contract Page 9 of 23 Cactus Abatement and Demolition, LLC CSC Number 12: Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. 10. BONDING Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth a payment bond for Task Orders in excess of $25,000 and a perFormance bond if the Task Order is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Task Order. The perFormance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Task Order, and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after issuance of the Task Order. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. Asbestos Abatement and Demolition Annual Contract Page 11 of 23 Cactus Abatement and Demolition, LLC CSC Number 13. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and ` regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations including but not limited to applicable environmental laws. Contractor represents itself as knowledgeable in these matters and no defense of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself, its subcontractors, agents, or its employees. 14. MODIFICATION ;' No modification of this Contract shall be binding on the Contractor or the City - unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral modification to a material term of the Contract Documents or a Task Order through the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work 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 Asbestos Abatement and Demolition Annual Contract Cactus Abatement and Demolition, LLC Page 13 of 23 CSC Number manner involving employment, including the recruitment of applicants for employment, ;; advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training, and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of ineeting the requirements of this section. 19. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 20. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 21. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 22. JURISDICTION AND VENUE Asbestos Abatement and Demolition Annual Contract Page 15 of 23 Cactus Abatement and Demolition, LLC CSC Number 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: Nelda J. Hall, President Cactus Abatement and Demolition, LLC 412 North Oak Street Roanoke, TX 76262 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. Asbestos Abatement and Demolition Annual Contract Page 17 of 23 Cactus Abatement and Demolition, LLC CSC Number 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 WOR u�on specific written authorization by the Citv_, be performed on the following: K UNDER THIS CONTRACT; however, demolition and abatement services may � 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 Asbestos Abatement and Demolition Annual Contract Page 19 of 23 Cactus Abatement and Demolition, LLC CSC Nuinber 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 furnishings, building materials, tires, debris, trash, rubbish and any other solid waste from the premises. These materials shall be recycled, reclaimed, or disposed at a facility or landfill that is approved to accept such waste. Contractor shall maintain proper safety fencing, as needed, and also provide for adequate signage, barricades, traffic cones, and "flagmen" during the course of the project when heavy traffic will be leaving or entering the site. Temporary safety fencing to be used shall be a heavy-duty, diamond-link mesh, orange, high density polyethylene safety or security fencing that will withstand substantial weather-related stresses. The Contractor is responsible for obtaining a City of Fort Worth Water Department water meter if usage of water from nearby fire hydrants is anticipated. The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours. The contractor shall use site material, if available, or clean fill from an approved source to fill any holes in the terrain resulting from any of the above work, and grade the entire lot, ensuring that low areas are filled to prevent the pooling of water. For the duration of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected and does not migrate onto City streets. For the duration of the demolition, stockpiling, and loading of the structure for transportation to the applicable disposal facility, the contractor will apply water to the structure during the course of demolition, stockpiling, and loading of the structure in order to prevent fugitive dust emissions from emanating from the site. As applicable, the Contractor will maintain the BMPs and the vegetative area for at least six months, or until a uniform vegetative cover with a minimum of 70 percent coverage has been established and has been accepted by the City for maintenance by others, whichever is earlier. As applicable, once sufficient vegetation has been established, all BMPs will be removed by the contractor and the project will be closed out. Asbestos Abatement and Demolition Annual Contract Page 21 of 23 Cactus Abatement and Demolition, LLC CSC Number 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: �a�do �,�-- Fernando Costa Assistant City Manag r Date Signed: 3 i i RECOMMENDED: / _. � �� Cody 1%V ' tenburg Environmental Progra anager Code Compliance APPROVED AS TO FORM AND LEGALITY: ; _, �ti ,� �� 12 ��;�� ,� Christa opez-Reyn ds Senior Assistant City Attorney CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER CONTRACTOR Cactus Abatement and Demolition Services, LLC BY: �ti�'�`,r� �-��.%� �� Nelda J. Hall President WITf��SS: , - �� . , � SEAL: ATTEST: N1ary J. K�y,�:�r /' ` �y�c City Secret�y Date: 7 � � � 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 � ts. �%il �+�1'Y✓�� Roger Grantham Environmental Supervisor �r ,�,� �� o�i��ac� hu�la��s��atfo� - � i�� =� - ��, z�.,r _ 1 r �� I..e Asbestos Abatement and Demolition Annual Contract Cactus Abatement and Demolition, LLC OFFICIAL RECORD CITY SECRETARY FT. WORI'FI, TX Page 23 of 23 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in required to be the Statute is attached. (give State), our principal place of business, are percent lower than resident bidders by State law. A copy of Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. � Bidder: Cactus Abatement and Demolition, LLC Nelda J. Hall By: (Please Print) �,� t.,ti' -�' " " ` � �=%kTn.�C Signature President Title (Please Print) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project ENV-16-09; DEMO. CONTRACTOR Cactus Abatement and Demolition, LLC By:, e Nelda J. Hall Title President STATE OF TEXAS § § COUNTY OF TARRANT § Befa�� me, the undersigned authority, on this day personally appeared �^�=�-!� �,'<�-� , known to me to be the person whose name is subscribed to the foregoin �in� rument and acknowledged to me tha��he executed the same as the act and deed of � .0 C t � �s � w, ��ir a� � �� f �s�}� �, ��-��ti �-- � �- �-- for the purposes and consideration therein expressed and in the capacity therein stated. ,..�- Given Under My Hand and Seal of Office this,^'%� '�day of��'- , 20 c� . �- �� - �--,�� --- .�` 1_!.�_ ��,'��=� �'�� REBA SUE HOIT -- ;$S�;�Y "� B°,- otary Public in and for the State of Texas �, Notary PubUc, StaTe of Texas � • Nly Commisslon Expires I� `•"�'•� •+ ' 02, 2017 �= J -o;,f ••iE,F MoY I ''�,��°„r� CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: February 22, 2017 NAME OF PROJECT: Structural Demolition and Removal, Transportation, and Disposal of Asbestos Containing Materials PROJECT NUMBER: ENV 16-09 :DEMO CONTRACTOR: Cactus Abatement and Demolition LLC. Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. � � � • � = ��.:' � � � �.�.� L DATE (MMIDD/YYYY) 2/21 /2017 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(sL . PRODUCER Hotchkiss Insurance Agency, LLC 4120 International Parkway Suite 2000 Carrollton TX 75007 INSURED CACTABA-01 Cactus Abatement & Demolition LLC 412 North Oak St Roanoke TX 76262 iallas Certificates 800-899-3750 INSURER(S) AFFORDING COVERAGE Homeland Insurance Company of New Y Pro4ressive Countv Mutual Insurance 972-512-7799 NAIC it 03 COVERAGES CERTIFICATE NUMBER: 1580462975 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 TYPE OF INSUR.4NCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENEw4L LIABILITY 7930052750000 10/14/2016 10/14/2017 EpCH OCCURRENCE �1,000,000 CLAIMS-MADE X❑ OCCUR PREMISES�Ea oNcur ence � 100,000 X Pollution Liab MED EXP (Any one person) b10,000 X P�ofessionalLia PERSONAI&ADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE �y2,000,000 POUCY � jE � � LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: ContractorPollution �1,000,000 B AUTOMOBILE LIABILITY 039745020 10/14/2016 10/14/2017 Ea acBcideDtS NGLE L M T � � 000,000 X ANY AUTO BODILY INJURY (Per person) $ AUTOS NED qUTODULED BODILY INJURY (Per accident) � NON-OWNED PROPERTY DAMAGE � HIREDAUTOS AUTOS Peraccide�i $ A UMBREILA LIAB X OCCUR 7930052760000 10/14/2016 10/14/2017 EqCH OCCURRENCE $4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE y4,000,000 DED X RETENTION$0 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY y� N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N� A E.L. EACH ACCIDENT � OFFICER/MEMBER EXCLUDED7 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPER4TIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required� The General/Pollution/Professional liability policy includes a blanket additional insured endorsement (OBENVGE3010211) when required by written contract. The GenerallPollution/Professional liability policy includes blanket additional insured endorsemenf, [OBENVGE3040211)that provides additional insured status for completed operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General/Pollution/Professional liability policy includes a blanket waiver of subrogation endorsement when required by written contract - See Attached... CERTIFICA' City of Fort Worth 200 Texas Street Fort Worth TX 76102 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELIED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �� y O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� � � �....--`. AGENCY Hotchkiss Insurance Agency, LLC POLICY NUMBER CARRIER AGENCY CUSTOMER ID: CACTABA-01 LOC #: � � t � ` ' � � � � NAIC CODE NAMEDINSURED Cactus Abatement & Demolition LLC 412 North Oak St Roanoke TX 76262 EFFECTIVE DATE: Page � of 1 ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� � CERTIFICATE OF LIABILITY INSURANCE DA �;2 �p�„",�, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA7E HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVEIY AMENd, EXTEND OR AITER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTfFICATE OF lNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE iSSU1NG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tha certt8cate holder is an ADDITIONA� INSURED, the policy(ies} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condttions of the policy, certain policies may require an endorsement. A statement on this certiflcate does not confer rights to the certiflcate holder in lieu of such endorsement�s). PRODUCER ��.,�AC MaHhaw M Marrhant AXO Insurance Services LLC 901 E 7th St�eet Austin INSURED TX 78702 Cactus Abatement 8 Demolftion, LLC 412 North Oak Street Roanoke l'X 76262 A: B: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POIICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHS7ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAlN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. IIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CIAiMS. �� TYPE OF INSURANCE POLICY NUMBER MMfuODY� MM/DD� LIMITS GENHRAI LlABIUTY EACH OCCURRENCE S COMMERCIAL GENERAL UABIUTY r r PREMISES Ba oaunence $ CLAIMS-MADE � OCCUR � � MEO EXP {My one petson) S PERSONAL 8 ADV INJURY S GENERALAGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPlOP AGG S POUCY PRO• lOC $ AUTOMOBILE UABILiTY COM8INED SINGLE LIMIT s 1� (Ea accidenq ANY AUTO �� BODILY INJURY (Per person) S All OWNED AUTOS BODIIY INJURY (Per accideni) S SCHEDULED AUTOS PROPERTY DAMAGE NIREOAUTOS (Pereccident) $ NON-OWNED AUTOS $ S UMBRELLA LIAB OCCUR EACH OCCURRENCE S E%CESS UA8 ��qIMS•MADE r� AGGREGATE S DEDUCTIBLE I s RETENTION S $ WORNERS COMPENSATtON 12/30/2016 12(3O%LO'I % X � S7A7U- OTH- X AND EMPLOYERS' UA81urt TMIOOO1262712 ' ANY PROPRIETOR/PARTNEWEXECUTIVE � N I A� E.l. EACH ACCIDENT S 1 000 OOO.00 OFFICER/MEMBER EXCLUDED7 � ' �Mendatory in NH) E.L. DISEASE - EA EMPlOYE S 1 0 f yes, describe under E.L.OISEASE-POLICYLIMIT S 1 I OHSCRIPTION Of OPERATIONS! LOCATION51 VEHICLES (Attach ACORD 101, Additlonal Remerke Schedufe, If mare spaee la required) This policy includes a wavier of subrogation for Cactus Abatement 8 Demolition, LLC. Insured is afforded EPLI as a co-employer under the policy for the employees leased from AXO Staff Leasing LLC CFRTIFICATF HAI nFR CANCELLATION . City of Fort Worth 200 Texas Street Fort Worth ACORD 25 (2009/09) SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCBlLEO BEFORE THE EXPIRATION DATE THHREOF, NOTiCE WIIL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI2ED REPRESENTATiVE TX 76102 � Matthew M Marchant O 1888- Z009 ACORD CORPORATION. All �ights reserved. 7he ACORD name and logo are registered marks of ACORD ��1�- � �� '� �-'�,' �� C�ty of Fort Worth, Texas � �� Mayor and Council Communication ' C4UNCIL ACTION: ApproWed on 2/21/2017 DATE: Tuesday, February 21, 2017 LOG NAME: 23ASBDEM02017 REFERENCE NO.: "�*C-28119 SUBJECT: Authorize Execution of Non-Exclusive Annuai Contracts with Intercon Environmental, Inc., Garrett Demolition, Inc., Eagle Remediation Services, Inc., and Cactus Abatement and Demolition, Inc., for Structural Demolition and Asbestos Abatement Services for All City Departments at an Aggregate Cost of $800,000.00 During Any One-Year Term (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of non-exclusive annual contracts with Intercon Environmental, Inc., Garrett Demolition, Inc., Eagle Remediation Services, Inc., and Cactus Abatement and Demolition, Inc., for structural demolition and removal, transportation, and disposal of asbestos containing materials on an as-needed basis for all City Departments in an aggregate amount of $800,000.00 during any one-year term. DISCUSSION: Professional services for the demolition of commercial and/or residential structures and, subsequently, to remove, transport, and dispose of associated debris which may include asbestos-containing materials are required on an as-needed basis for all City Departments. The Code Compliance Department's Environmental Management Division manages these contract to ensure regulations related to any environmental hazards are followed. The contract commonly serves to provide on-call services to abate substandard structures or to support redevelopment. To ensure the greatest degree of cost savings to the City and to allow for effective service, individual contracts will be executed with up to four pre-qualified contractors. This allows for up to four pre-qualified contactors to be eligible to submit pre-qualified costs as project needs arise. As demolition projects arise, each firm must submit a cost proposal for the identified project scope. The contractor which provides the lowest cost estimate is issued a task order to complete the project. A Request for Qualifications (RFQ) for the provision of structural demolition and removal, transportation, and disposal of asbestos containing materials on an annual contract basis was advertised on September 22, 2016. Responsive submittals were received from the following seven firms on October 27, 2016: 1 2, 3. 4. 5. 6. 7. Cactus Abatement and Demolition, Inc. Eagle Remediation Services, Inc. Garrett Demolition, Inc. Intercon Environmental, LP Lindamood Demolition, Inc. Matrix Demolition, Inc. Pacific Environmental, Inc. The submittals from each of the seven (7) firms were reviewed and rated by committee, based on the Logname: 23ASBDEM02017 Page 1 of 2 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/UVBE participation and plan (25 percent); (5) the contractor' s legal 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 IDENTIFIERS (FIDs): undl Department ID ndl Department ID CERTIFICATIONS: Project �Prog ID n�Project ID Submitted for City Manager's Office by: Oriqinatinq Department Head: Additional Information Contact: ctivity Budget Reference # moun Year (Chartfield 2 �ctivity Budget Reference # moun Year (Chartfield 2) Fernando Costa (6122) Brandon Bennett (6345) Elmer DePaula (7251) Cody M Whittenburg (5455) ATTACHMENTS 1. Catus Abatement - 1295.pdf (Public) 2. Demolition Services MBE Compliance Memo pdf (CFW Internal) 3. Eagle 1295.pdf (Public) 4. Garrett Demo 1295.pdf (Public) 5. Intercon Enviro -1295.pdf (Public) Logname: 23ASBDEM02017 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 iF there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2016-142855 Cactus Abatement & Demolition, LLC Roanoke, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/05/2016 being filed. City Of Fort Worth Texas Date Ac� nqw�ed,g�� 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. ENV-16-09: DEMO Demolition Services for the Ciry of Fort Worth Texas Nature of interest 4 Name of Interested Party City, State, Country (place of businessJ (check applicable) Controiling Intermediary Holt, Reba Roanoke, TX United States X Hall, Nelda Roanoke, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the ahove disclosure is true and correct. ��:',n'v'i',','��,, COUFiTNEY PEROT ��.•'�� r�� Notary Public, State of Texas l ��ql�;ia; Comm. Expires 07-12-2020 Signature of autlior ed agent of contracting business entity �`��;;,,;�� Notary ID 126555262 AFFIX NOTARY STAMP / SEAL AE�CJVE Sworn to and subscribed before me, by the said I V(i I C' l� � �Il�; �` , this the �� day of � J° 20�_, to certify which, witness my hand and seal of office. 1 � L j . `�� _ _- - • I -� ,, ��-1�� - ',I� ll0' �l, � � � -�`�" � Signature of � ff er administering oath rinted name of of i er administering oath Title o ofticer �dminlstenny ciath i x,_�' . Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277