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HomeMy WebLinkAboutContract 48930 /� STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CITY SECRETARY CONTRACT N0. CONTRACT FOR REMOVAL, PACKAGING, TRANSPORTATION, AND DISPOSAL OF ASBESTOS CONTAINING MATERIALS FROM 3530-3532 JOYCE DRIVE ENV 17-02: JOYCE 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 HP Ecological Services, LLC dba HP EnviroVision ("Contractor"), acting through James Palet, its duly authorized Vice- 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. City's Representative means the Assistant Director of Transportation and Public Works, Environmental Management Division, or his designee. Contract Documents means this contract; Request for Proposals; attachments, pre-bid amendments, and appendices to the Request for Proposals; the Contractor's response to the Request for Proposals; all ancillary documents submitted with the Contractor's response to the Request for Proposals; 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. OFFICIAL RECORD Asbestos Removal from 3530-3532 Joyce Drive Contract C4TY. ECR�IF $ A Page 1 of 22 HP Ecological Services, LLC dba HP EnviroVision .WORT ,TX b 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. 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. 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". This contract is to provide the City of Fort Worth with these services as ordered during the term of the agreement. There is no guarantee of work granted by this contract and nothing in this contract is to be construed as an exclusive agreement with the contractor to provide the City with services of this type, or as an agreement by the City to guarantee the Contractor any specific projects or quantities of work. THERE IS NO MINIMUM GUARANTEE OF ANY WORK UNDER THIS CONTRACT. Individual projects will be authorized on a Task Order basis when the City elects to proceed with each specific effort. City shall not pay for any work performed by Contractor or its contractors, 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 (DSHS) for the work provided herein. C. City shall make payment of all applicable DSHS fees. D. City shall give timely direction to the Contractor. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 2 of 22 HP Ecological Services, LLC dba HP EnviroVision E. City shall render decisions regarding modifications to the Contract and any other issue. 4. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for the duration of the project through to completion of identified scope of services, beginning upon the date of its execution. 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. City and Contractor agree to the unit prices, employee labor rates, and other costs as specified in this contract. Contractor shall be compensated in accordance with the Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". Asbestos Removal from 3530-3532 Joyce Drive Contract Page 3 of 22 HP Ecological Services, LLC dba HP EnviroVision Section 2. Task Orders. City will issue a Notice to Proceed to Contractor that details the work to be performed by the Contractor. The Notice to Proceed will include at a minimum, the 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 the Notice to Proceed which shall specify the start date of abatement activities. The purpose of the coordination will be to assure compliance with the requirements for notification to the Texas Department of State Health Services (DSHS). Contractor shall complete all work specified for each task within the time specified in the Notice to Proceed unless an extension of time is granted in writing, 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, then 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 a singular invoice to the City for the entire total cost of the asbestos abatement activities. The invoice shall contain a detailed breakdown to include: labor including employee name, functional title, date and hours of work performed; internal supplies and services provided; and external supplies and services provided and shall be submitted as a single invoice submitted within 30 days of completion of all work specified in a task order. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 4 of 22 HP Ecological Services, LLC dba HP EnviroVision 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 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. The following words and phrases shall be defined as follows: 1. "Environmental Damages" shall mean all damages, losses, diminished values, claims, judgments, penalties, fines, liabilities, encumbrances, liens, costs, expenses of investigation, and the defense of any claim, whether or not such claim is ultimately defeated, results in a judgment or order of any kind, or is resolved by any good faith settlement, and of whatever kind or nature, direct or indirect, tangible or intangible, compensatory, exemplary, or punitive, economic or non-economic, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, to the City and any third parties, including without limitation reasonable attorney's and consultant's 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 Asbestos Removal from 3530-3532 Joyce Drive Contract Page 5 of 22 HP Ecological Services, LLC dba HP EnviroVision 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; and c. Liability, claims, or judgments to any third persons or governmental agencies in connection with the items referenced herein. 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; and 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; and d. Citizen suits authorized by any federal or state law; and Asbestos Removal from 3530-3532 Joyce Drive Contract Page 6 of 22 HP Ecological Services, LLC dba HP EnviroVision e. All common law causes of action related to health, safety, natural resources, and the environment. B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL: 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, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY). C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY, RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION THAT ARISE FROM THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ARE CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, SUCCESSORS, OR ASSIGNS AND WHETHER ARISING FROM NEGLIGENCE, INTENTIONAL TORT, VIOLATION OF A LAW OR DUTY TRIGGERING STRICT LIABILITY, OR BY THE INFRINGEMENT OF ANY PERSON'S PROPERTY, LEGAL, OR CONSTITUTIONAL RIGHT. D. Express Negligence: 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 SUCH INJURY, DEATH OR PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT 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. E. 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. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 7 of 22 HP Ecological Services, LLC dba HP EnviroVision F. 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. G. 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 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: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Professional Liability Insurance Not Applicable 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 8 of 22 HP Ecological Services, LLC dba HP EnviroVision 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee Waiver of Subrogation is required. 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). 6. Asbestos Abatement Insurance $2,000,000 each occurrence with no Sunset Clause, if any abatement is to be performed and prior to commencement of such work. 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. . 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk Asbestos Removal from 3530-3532 Joyce Drive Contract Page 9 of 22 HP Ecological Services, LLC dba HP EnviroVision 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. 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 if the contract is in excess of $25,000 and a performance bond if the contract 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 Contract. The performance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Contract, 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 Notice of Award. 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 Asbestos Removal from 3530-3532 Joyce Drive Contract Page 10 of 22 HP Ecological Services, LLC dba HP EnviroVision 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 Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 11. WARRANTY Contractor warrants that it understands the currently known hazards and the suspected hazards which are presented to persons, property and the environment by the work specified in this contract. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from: acts of God, acts of the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and extreme meteorological events. Contractor affirms a duty to mitigate any delays or damages arising from such causes. B. If Contractor fails to begin work or to complete work within the time specified in a Task Order, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City's total costs exceed the costs as agreed in the contract documents, the City may deliver to Contractor a written notice of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 11 of 22 HP Ecological Services, LLC dba HP EnviroVision 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 attorneys 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 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. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 12 of 22 HP Ecological Services, LLC dba HP EnviroVision 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 (M/WBE) PARTICIPATION In accordance with City Ordinance No. 20020, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor acknowledges that no M/WBE goal has been established for this Agreement. 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. PREVAILING 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 RFP 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. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 13 of 22 HP Ecological Services, LLC dba HP EnviroVision 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. 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 meeting 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 Asbestos Removal from 3530-3532 Joyce Drive Contract Page 14 of 22 HP Ecological Services, LLC dba HP EnviroVision 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. 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: HP Ecological Services, LLC dba HP EnviroVision Attn: James Palet, Vice - President 310 E. Trinity Blvd., STE 800 Grand Prairie, TX 75050 Asbestos Removal from 3530-3532 Joyce Drive Contract Page 15 of 22 HP Ecological Services, LLC dba HP EnviroVision 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. 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. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 16 of 22 HP Ecological Services, LLC dba HP EnviroVision 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 left blank intentionally. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 17 of 22 HP Ecological Services, LLC dba HP EnviroVision ATTACHMENT A SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary for the removal, packaging, transportation, and disposal of asbestos-containing materials from 3530 - 3532 Joyce Drive, Fort Worth, Texas. --RR t ie&,-the-eenfraetef—w4+e. all universal waste items including fluorescent light bulbs, fluorescent lig sts and mercury-containing devices. These items will be properly packaged-an--disposed by the contractor. The contractor will provide documentatio a manifest, bill of lading, etc.) that the waste was properly disposed. In the event of dis of leaking or damaged light ballasts, those ballasts will be package rately in a labeled, leak-proof, DOT-approved shipping container for esa' by Vhe-eentFacetor. Removal of Asbestos: The scope of work includes removal and disposal of the following asbestos-containing or asbestos-contaminated materials utilizing wet methods within full, negative pressure containment equipped with HEPA ventilation from specified areas of the building located at 3530-3532 Joyce Drive, Fort Worth, Texas. All removed materials are to be disposed of as asbestos-containing material. All debris generated from removal is to be disposed of as asbestos-containing waste. 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. All work performed under the contract shall be in strict adherence to all applicable Federal, State and local rules and regulations. The City will perform the following tasks under this contract: • Provide Asbestos Assessment Reports and Asbestos Removal Specifications; • Provide site contact information; • Provide site access; • Provide Asbestos Consultant Agency to oversee work; • File Texas Department of State Health Services (TDSHS) Asbestos Notification; • Pay applicable TDSHS asbestos notification fees; • If the Provider 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. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 18 of 22 HP Ecological Services, LLC dba HP EnviroVision EstimatedQ uantity of - �� Type of Asbestos-Containing Material Location material Vacant Bank Building Travertine wall adhesive North entry and south 375 SF office Marble adhesive (brown) Teller Lines 65 SF Mirror Mastic(black) North offices of facility 235 SF Beige 12"x 12" floor tile and black mastic North portion of facility 250 SF Black mastic under NON-ACM beige 12"x12"floor tile Southwest office area 1,161 SF Southwest vault area and Beige 9"x 9"floor tile and black mastic west half of southern 2,625 SF ortion Black mastic on HVAC ductwork Throughout facility 800 LF Drywall system with texture and joint compound Southern portion of facility 2,700 SF Drywall system with texture and joint compound Orange peel; 2 2,630 SF offices/breakroom Drywall system with texture and joint compound Northern portion of facility 1,125 SF Drywall system with texture and joint compound West perimeter wall 1,010 SF PACM joint compound behind wood paneling Throughout facility 375 SF Vacant Drive-Thru Building White mastic on roof drain pipe West area 10 SF Caulk on exterior windows East&West windows 120 SF Black mastic under NON-ACM black 12"x 12"floor the Restrooms and raised floor 450 SF of motor bank Remainder of page is left blank intentionally. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 19 of 22 HP Ecological Services, LLC dba HP EnviroVision ATTACHMENT B. COMPENSATION SCHEDULE THIS IS A FIXED-PRICE CONTRACT. ALL ASBESTOS ABATEMENT QUANTITIES HEREIN ARE ESTIMATES FOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE AMOUNT OF ABATEMENT TO BE PERFORMED ON THE PROJECT AND ARE NOT TO BE CONSTRUED AS A LIMITATION OR MAXIMUM ON THE AMOUNTS OF ABATEMENT OR DEMOLITION REQUIRED TO BE PERFORMED BY CONTRACTOR. SITE/BUILDING CONDITIONS AND QUANTITIES IDENTIFIED IN CONTRACT ARE ESTIMATED BY THE CITY AND/OR THE CITY'S CONSULTANT, AGENT, OR DESIGNEE. THE CONTRACTOR IS RESPONSIBLE FOR CONDUCTING ITS OWN DUE DILIGENCE AND FOR VERIFYING ALL CONDITIONS AND QUANTITIES PRIOR TO EXECUTING THIS CONTRACT. CLAIMS FOR ADDITIONAL COMPENSATION DUE TO VARIATIONS BETWEEN QUANTITIES OR CONDITIONS ACTUALLY ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT DOCUMENTS WILL NOT BE ALLOWED. A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a total price not to exceed forty-five thousand, one hundred and fifty-nine dollars and thirty-five cents ($45,159.35) for the completion of all work specified in this contract which includes a fifteen percent (15%) contingency amount. B. The City shall not compensate Contractor in excess of the not-to-exceed amount unless the City has executed a written, authorized, and formal Modification to the Contract signed by the City Manager or an Assistant City Manager of the City of Fort Worth. It is expressly agreed between the parties that there shall be no oral modifications to this contract. C. The parties agree that forty-five thousand, one hundred and fifty-nine dollars and thirty-five cents ($45,159.35) which includes a fifteen percent (15%) contingency amount shall be the whole of compensation for all of the services specified in this contract. In the event of a discrepancy between any unit price and the contract not-to-exceed price, the not-to-exceed price shall prevail. In no event will compensation be greater than the not-to-exceed amount described herein. D. Quantities identified in the Competitive Sealed Proposal were estimated quantities only. Prior to submitting a bid, as noted in the Competitive Sealed Proposal, the Contractor was responsible for verifying all quantities upon which the Contractor's bid was based. The Contractor was to rely exclusively Asbestos Removal from 3530-3532 Joyce Drive Contract Page 20 of 22 HP Ecological Services, LLC dba HP EnviroVision upon its own estimates, investigation, research, tests, and other data necessary to supply the full and complete information upon which the Contractor's bid was 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. E. By executing this contract, the Contractor affirms and agrees that the Contractor has had the opportunity and duty to confirm all quantities prior to submitting a bid, and Contractor expressly waives any and all right to additional compensation other than the contract grand total as a result of any discrepancy between the quantities encountered and the estimated quantities in the Invitation to Bid and bid documents. F. The parties intend and agree that any change order or modification to this contract will be in the case of only the most extraordinary of circumstances. Any claims for additional compensation based upon variations between conditions actually encountered in this project and conditions as indicated in the Contract Documents 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 remainder of this page is left blank intentionally. Asbestos Removal from 3530-3532 Joyce Drive Contract Page 21 of 22 HP Ecological Services, LLC dba HP EnviroVision CONTRACT FOR REMOVAL, PACKAGING, TRANSPORTATION, AND DISPOSAL OF ASBESTOS CONTAINING MATERIALS FROM 3530-3532 JOYCE DRIVE ENV 17-02: JOYCE IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR HP Ecological Services, LLC dba HP LEnviroVisidn BY: �ifiyyt�.�6 La-n� BY: Fernando Costa Thomas Palet Assistant City Manager President Date Signed: 3 2V17 WITNESS' RECOMMENDED: Cody 1 Ittenburg SEAL: �' °off :• SELENA PEREZ Environmental Program Manager '•_ My Notary ID#11318549 Code Compliance "9rF; i�; Expires December 27,2020 APPROVED AS TO FORM ATTEST: AND LEGALITY: Christ Lopez-Reynold Mary J. Kayser Senior Assistant City Attor et4A City Secretary of F013�. Date: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER By signing I acknowledge that I am the person responsible for the mons administration of this contract, including ensuring all performance and repo Ing require ts. Contract Authorization s ' Roger Grantham Environmental Supervisor Date of Authorization OFFICIAL RlEq: e CITY.90rRFTARY Asbestos Removal from 3530-3532 Joyce Drive Contrast Page 22 of 22 HP Ecological Services, LLC dba HP EnviroVision 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-17-02; JOYCE. CONTRACTOR HP Ecological Serv' s, LLC dba HP EnviroVi 'on By: Thomas Palet Title President STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Thomas Palet , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of President of HP EnviroVision for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 10th day of March , 2017. o ary Public in and for thfb State of Texas ,o;;�� SELENA PEREZ ; .- My Notary ID#11318549 , ;:` Expires December 27,2020 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 (give State), our principal place of business, are required to be percent lower than resident bidders by State law.A copy of the Statute is attached. 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 offices) is in the State of Texas. Bidder: HP Ecological Services, LLC dba HP EnviroVision Thomas Palet By: (Please Print) Signature President Title (Please Print)