Loading...
HomeMy WebLinkAboutContract 33216 CITY SECRETARY�� � CONTRACT NO CONTRACT BETWEEN CITY OF FORT WORTH AND INTERCON ENVIRONMENTAL, INC. PROJECT # (DEM06-05: ER-DEMO) FOR DEMOLITION OF 924 EVANS LOCATED WITHIN THE EVANS/ROSEDALE CULTURAL DISTRICT AREA FORT WORTH, TEXAS JANUARY 2006 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § CITY OF FORT WORTH COUNTY OF TARRANT § CONTRACT FOR DEMOLITION OF A STRUCTURE LOCATED AT 924 EVANS/ROSEDALE This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant County Texas, ("City"), acting through Libby Watson, its duly authorized assistant city manager, and Intercon Environmental, Inc. a Texas corporation, acting through Karen Andrews its duly authorized president/viee > t ("Contractor"). WHEREAS, the City desires to conduct a project to removal of asbestos containing material and subsequent demolition of certain identified structures located within the Evans/Rosedale Cultural District in Fort Worth, Texas; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such asbestos removal, transportation, disposal and demolition; and WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such an asbestos removal, transportation, disposal and demolition project. WITNESSETH: NOW, THEREFORE, in consideration. of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Asbestos shall mean the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one percent or more of any of those substances. , Asbestos-Containing Material (ACM) shall mean materials or products that contain more than one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart E, Appendix A. This means any one material component of a structure. Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away "" asbestos containing material (ACM). City's Representative means the Director of Environmental Management, or the Director's designee. Contract shall mean this document, and the Contractor's Response to the Invitation to Bid for Project (DEM:06-05:ER-ER-DEMO) including the Technical Specifications, attached as exhibit "A" and all ancillary documents. Contractor shall mean Intercon Environmental, Inc. Director shall mean the Director of the City of Fort Worth's Environmental Management Department. NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos material, (b) Category I non-friable ACM that has become friable, (c) Category I non- friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. Substantial Completion means the date when the removal is sufficiently completed in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy the project or specified area of the project for the use for which it was intended. Contract for Removal of Asbestos CRL 01.11.060 Page 2 2. SCOPE OF CONTRACTOR'S SERVICES A. The scope of work shall include the furnishing of all labor, materials and equipment necessary for the demolition of a structure located 924 Evans, within the Evans/Rosedale Cultural District in Fort Worth, Texas in accordance with the Asbestos NESHAP. General tasks include but are not limited to: • Standard wet demolition of the structure. • Disposal of demolition debris and RACM in proper landfills. • Provision of NESHAP Trained individuals to oversee the demolition process. • Final Site Clean up. B. Contractor shall comply with all applicable laws and regulations promulgated by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Department of Transportation (TXDOT), the Texas Commission on Environmental Quality (TCEQ) and/or any other entity that may have jurisdiction due to the work being performed pursuant to this Contract. C. Prior to commencement of work, notify appropriate utility companies to disconnect the gas service lines at the main, the water service at the meter and disconnect electrical service lines at the pole at each location. D. Prior to commencement of any work under this contract, Contractor must obtain a wrecking permit (within seven (7) calendar days after the notice to proceed) to demolish all of the specified buildings at the site from the Department of Development, telephone (817) 392-2222. E. Prior to commencement of any work under this Contract, obtain from the Code Compliance Department a written notice to proceed. F. Upon completion of the work, Contractor shall obtain a final inspection on the wrecking permit, from the Building Inspection Division in the Department of Development. G. Protect the work site as necessary with barriers, lights, safeguards or warnings. H. Contractor agrees to protect and leave in good condition all sidewalks and curbs. If before any demolition work is commenced, or heavy equipment is moved to the work site, the sidewalks or curbs are crushed, broken, or in general disrepair, the Contractor agrees to take photographic evidence of the condition prior to moving any heavy equipment to the work site. Contract for Removal of Asbestos CRL 01.11.060 Page 3 I. Demolish and remove any signs at the site as well as demolish improved surface parking areas. J. Remove all demolition debris, junk, trash, debris and salvageable materials from the site. K. Remove dead trees and dead shrubs from the site. L. Fill any holes in the terrain resulting from any of the above work with clean fill and grade the entire lot, ensuring that low areas are filled to prevent the pooling of water. M. Sweep dirt and debris from the sidewalk and street that accumulate during loading and removal. N. Possess or insure that each vehicle contracted for waste hauling possesses a valid City of Fort Worth Waste Hauler Permit as issued by the Department of Environmental Management-Division of Solid Waste, telephone: (817) 392-5150. O. Clean and remove all debris, trash, rubbish and any other solid waste from the demolition premises to a state licensed disposal site or to a properly permitted landfill site at Contractor's expense. P. In performing the services required under this Contract, Contractor agrees to comply with all applicable Federal, State and local laws, statutes, regulations, environmental requirements, ordinances, and the Building and Construction Codes of the City of Fort Worth. 3. SCOPE OF CITY SERVICES A. City shall coordinate with facilities, City departments, and any tenants for access to the site; B. City shall give timely direction to the Contractor; C. City shall prepare and revise notifications required by the Texas Department of State Health Services and pay all required fees; and D. City shall render decisions regarding modifications to the Contract and any other issue. Contract for Removal of Asbestos CRL 01.11.060 Page 4 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor shall begin work within eleven (11) days of when the Notice to Proceed is issued to Contractor and shall complete all phases of the work within thirty (30) days from the date of commencement. 5. COMPENSATION A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a sum not to exceed $ 17,900.00. The City shall not be liable for any of Contractor's costs in excess of the Not-to-Exceed Amount unless the City has signed and issued a formal Modification to the Contract. B. The unit prices for the removal and disposal of asbestos as well as the employee labor rates shall be as described in Sections 2.4 of the Contractor's Response to the City's Invitation to Bid Project Dem06-05: ER-DEMO, attached herein and fully incorporated as part of this Contract. C. Contractor understands and agrees that claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed unless the Contractor can clearly show to City, as determined in the sole discretion of City, why the variation was not identifiable prior to executing this Contract. D. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, except as provided in Section 7 "Indemnification," subsection H. E. Contractor acknowledges that payment will not be rendered by City unless Contractor completes the removal of asbestos as described herein and the work is accepted by the Director. F. Periodically during the performance of this Contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the "not to exceed" price, Contractor shall prepare to cease its operations unless and until the contract is amended and an authorized representative of the City directs Contractor to perform additional work. G. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra Contract for Removal of Asbestos CRL 01.11.060 Page 5 compensation is claimed, a written statement thereof shall be presented to the City. H. In the event that actual expenditures may result in a total cost in excess of the Not-to-Exceed Amount, Contractor must submit a Modification to the contract in accordance with Section 24. - 6. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. WORKERS' COMPENSATION INSURANCE: Contractor shall maintain, during the term of this Contract, Workers' Compensation Insurance at statutory limits on all of its employees to be engaged in work under this Contract, and for all Subcontractors. Employer's Liability (EL) Insurance shall also be maintained, at minimum limits as follows: Five Hundred Thousand Dollars ($500,000) disease each employee, One Million Dollars ($1,000,000) disease policy limit and One Million Dollars ($1,000,000) each accident. B. COMMERCIAL GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term of this Contract a Commercial General Liability Insurance Policy at a minimum limit of Two Million Dollars ($2,000,000) each occurrence. C. PROFESSIONAL LIABILITY INSURANCE: Contractor shall not be required to maintain during the term of this Contract Professional Liability Insurance at a minimum of Two Million Dollars ($2,000,000) per occurrence. D. AUTOMOBILE INSURANCE: Contractor shall procure and maintain during the term of this Contract Comprehensive Automobile Liability Insurance covering all Vehicles involved with Contractor's operations under this Contract. The minimum limits of liability coverage shall be in the amount of One Million Dollars ($1,000,000) per accident combined single limit, or Five Hundred Thousand Dollars ($500,000) bodily injury - per person and Five Hundred Thousand Dollars ($500,000) bodily injury per accident and Two Hundred Fifty Thousand Dollars ($250,000) property damage during the effective dates of Contract and any renewal period. Contract for Removal of Asbestos CRL 01.11.060 Page 6 Additionally, Contractor shall have Uninsured/Underinsured Motorist in the amount of Twenty Thousand Dollars ($20,000) bodily injury per person, Forty Thousand Dollars bodily injury each accident and Fifteen Thousand - Dollars ($15,000) property damage each accident. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE _ 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. E. ENVIRONMENTAL IMPAIRMENT LIABILITY (EIL) and/or POLLUTION LIABILITY: Contractor shall procure and maintain during the term of this Contract Environmental Impairment Liability (EIL) and/or Pollution Liability in the amount of Two Million Dollars ($2,000,000) per occurrence. EIL coverage(s) must be included in policies listed in terms B and C above; or such insurance shall be provided under separate policy(s). Liability for damage occurring while loading and transporting materials collected under the Contract shall be included under the Automobile Liability insurance or other policy(s). F. The following shall pertain to all applicable policies of insurance (A. through E.) listed above: 1. Additional Insured Clause: "The. City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." Except the additional insured requirement does not apply to Workers' Compensation policies 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 3. Each insurance policy required by this Contract shall contain the following clauses: 'This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. Contract for Removal of Asbestos CRL 01.11.060 Page 7 4. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of the Risk Manager is required. 5. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. 6. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 7. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. 8. If insurance policies are not written for specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 9. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 10. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide Contract for Removal of Asbestos CRL 01.11.060 Page 8 '.�? .: l written notice to the contracting party. The contracting party will have ninety (90) days from the date of notice to comply with the additional requirements. 11. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 7. INDEMNIFICATION A. For purposes of this Contract, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of asbestos containing materials pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, Contract for Removal of Asbestos CRL 01.11.060 Page 9 costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and .� C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with this Agreement. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, 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 relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. Contract for Removal of Asbestos CRL 01.11.060 Page 10 C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this section shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder to indemnify City, City shall provide Contractor with reasonably timely notice of same. F. The obligations of the Contractor under this section shall survive the expiration of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. G. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this section. H. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. Contract for Removal of Asbestos CRL 01.11.060 Page 11 1. If the claim concerned remains unsettled at the expiration of the said thirty- day (30) period, out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six (6) month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the.City Manager. The Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising. 8. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by removing, transporting and disposing of asbestos containing materials. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state, local and federal laws governing its activities. Contractor also warrants that it is under no restraint or order that would prohibit performance of services under this Contract. 9. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this Contract, and during the duration of the Contract, it shall have and maintain current valid and Contract for Removal of Asbestos CRL 01.11.060 Page 12 appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. B. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. 10. TERMINATION A. City may terminate this Contract, with or without cause, by giving ten (10) days written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this Contract under subsection A. of this section, City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this Contract shall become the property of the City when the Contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. 11. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this Agreement, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. Alternatively, if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract Documents, City may notify Contract for Removal of Asbestos CRL 01.11.060 Page 13 Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. D. In the event either party defaults in the performance of any of its obligations under this Contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this Contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15) day period, or if the default cannot be cured, the Contract shall terminate as of the date provided in the notice of default. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. 12. RIGHT TO AUDIT ,w. A. City shall, until the expiration of five (5) years after final payment is paid under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions . related to this Contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment is paid under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. C. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. Contract for Removal of Asbestos CRL 01.11.06v1 Page 14 13. INDEPENDENT CONTRACTOR Contractor shall perform work under this Contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co- employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this Contract, except as outlined in this Contract or as otherwise required by federal, state, county or city law, regulation or rule. 14. NON-DISCRIMINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 15. 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. 16. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $ 1,000.00 per day for each day after the date the Contract for Removal of Asbestos CRL 01.11.060 Page 15 project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 17. 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. 18. 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. 19. NOTICE Notices required to be made under this Contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Contract for Removal of Asbestos CRL 01.11.060 Page"-1 a y Fort Worth, Texas 76102 If to Contractor: Name: Fernando Avila, Sales Manager Address: Intercon Environmental, Inc. 2214 FM 1187, Bldg 6 Mansfield, Texas 76063 Telephone: 817-477-9995 FAX: 817-477-9996 20. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Contract, venue for said action shall be in Tarrant County, Texas. 21. 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. 22. ENTIRETY This Contract, the Contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other Contracts, oral or otherwise, regarding the subject matter of this Contract or any part thereof shall have any validity or bind any of the parties hereto. 23. MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in writing and signed by both parties. Contract for Removal of Asbestos CRL 01.11.060 Page 17 This Contract has been executed by the parties in triplicate in Tarrant County, Texas on this date, January 25 , 2006. Ci f Fort Wo iri�t-rco�� Environmental, Inc. ibby W on, Asst. City Manager BY: Karen Andrews, President APPROVED AS TO FORM WITNESS: Assistark City Attorne Name: — Angelica Petruzzelli Title: Exec, Vice President ATTEST: CORPORATE SEAL: M qjty Hendrix,?City Secretary _ NO M&C REQUIRED Contract for Removal of -""-' Asbestos CRL 01.11.060 Page 1 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor Certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No. DEM006-05: ER-DEMO. INTERCON ENVIRONMENTAL, INC By: Karen Andrews President Title January 31 , 2006 Date - STATE OF TEXAS § ` - COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared Karen Andrews, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the act and deed of President for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 31 st day of January, 2006. Angelica Petruzzeili '• �A Notary Public,State of Texas My Commission Expires: February 28,2008 Notary Pub IC in and for the State of Texas p L INVITATION TO BID PREPARED FOR: CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 FORTW� RTH V PROJECT: (DEM06-05: ER-DEMO) DEMOLITION OF 924 EVANS LOCATED WITHIN THE EVANS/ROSEDALE CULTURAL DISTRICT AREA FORT WORTH, TEXAS November 11, 2005 TABLE OF CONTENTS 1.0 Invitation to Bid 1.1 Scope of Work 1.2 General Requirements 1.3 Interpretation of Bid Documents 1.4 Bid Submittals 1.5 Opening of Bids 1.6 Conflicts 1.7 Reservations 1.8 Examination of Contract Documents&Site Conditions 1.9 Contract Documents Defined 1.10 Bid Documents Defined 1.11 Security 1.12 Contract Time 1.13 Award of the Contract 2.0 BID DOCUMENTS 2.1 Bid Document Checklist 2.2 Acknowledgment of Bid Addenda 2.3 Bonds 2.4 Bid Summary 2.5 List of Subcontractors 2.6 Vendor's Compliance to State Law 2.7 Insurance Certificates 2.8 Contractor License&Certificates 2.9 Contractor's Legal and Compliance History 2.10 Project Schedule 3.0 SPECIFICATIONS 3.1 Asbestos Survey Results 3.2 Demolition Requirements 1 1 .0 INVITIATION TO BID CHAPTER 252, TEXAS LOCAL GOVERNMENT CODE, "PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES" DOES NOT APPLY TO THIS INVITATION TO BID FOR THE NESHAP DEMOLITION OF 924 EVANS LOCATED WITHIN THE EVANS/ROSEDALE CULTURAL DISTRICT. THE CONTRACT RESULTING FROM THIS PROCESS IS "A PROCUREMENT NECESSARY TO PRESERVE OR PROTECT THE PUBLIC HEALTH OR SAFETY OF THE - MUNICIPALITY'S RESIDENTS" AS PROVIDED FOR IN SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS INVITATION TO BID FOLLOWS A PROCEDURE ESTABLISHED BY THE CITY, HOWEVER, BECAUSE THIS REQUEST IS EXEMPT FROM CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE, THE CITY RESERVES THE RIGHT TO NEGOTIATE A CONTRACT AFTER RECEIVING ALL BIDS. THE CITY RESERVES THE RIGHT TO WAIVE ANY AND ALL IRREGULARITIES AND TO AWARD A CONTRACT IN THE BEST INTEREST OF THE CITY. 1.1 SCOPE OF WORK: Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary for the demolition of a structure located at 924 Evans, within the Evans/Rosedale Cultural District, in accordance with the Asbestos NESHAP. The general tasks involved will include: • Standard wet demolition of structure; • Disposal of demolition debris and RACM in proper landfills; • Provide NESHAP Trained individual to oversee the demolition process; and • Final Site Clean up. All work must be completed in accordance with the most recent revisions of applicable laws and regulations promulgated by the U.S. Environmental Protection Agency (EPA), Texas Department of State Health Services (TDSHS), Occupational Health and Safety Administration (OSHA), Department of Transportation (DOT), the Texas Commission on Environmental Quality (TCEQ) or any other entity that may have jurisdiction on work being performed. The City of Fort Worth will provide the following: • Texas Department of State Health Services (TDSHS) notification preparation and revision; and • Payment of the TDSHS fees. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to executing the Contract. 1.2 GENERAL REQUIREMENTS: All Contractors will be required to comply with provision 5159(a) of'Vernon's Annotated Civil Statutes of the State of Texas" with respect to the payment of prevailing wage rates. All Contractors must comply with City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Sections 17-66 to 17-67) prohibiting discrimination in employment practices. The City of Fort Worth has not set a goal for the participation of minority and women business enterprises (M/ BE) for this project as the cost estimate is well below the $25,000 threshold requirement for MA/BE participation 1.3 INTERPRETATION OF INVITATION TO BID DOCUMENTS: A written request for an interpretation of invitation to bid documents may be made by either fax, e-mail, or mail, at any time up to seven (7) calendar days prior to the time of the opening of Bids (i.e. 1:30 p.m. on December 8, 2005). The person submitting the request will be responsible for its prompt delivery. Requests should be made to the following: Roger Grantham Environmental Program Manager City of Fort Worth Department of Environmental Management 1000 Throckmorton Street „ Fort Worth, Texas 76102-6311 Phone (817) 392-8592 Fax(817) 392-6359 Roger.Grantham@fortworthgov.org Any interpretation of the Bid Documents will be issued by the City of Fort Worth or its designee as a formal addendum. A copy of each addendum will be posted on the City of Fort Worth, Environmental Department web page. All addenda must be submitted with the Bid in section 2.2. The City will not be responsible for any other explanations or interpretations. 1.4 BID SUBMITTALS: Each Contractor must submit ONE original and THREE copies of the Bid for all items to complete the project or the entire Bid may be considered non-responsive and rejected. In case of ambiguity or lack of clarity, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Bid. Bid documents, addendums, drawings, and specifications may be obtained at the City of Fort Worth, Department of Environmental Management's web site. The URL address is: http://www.fortworth og v.ore/dem/bids.htin Bids must be submitted in a sealed envelope, addressed to and received at the City of Fort Worth, Purchasing Division, 1000 Throckmorton, Fort Worth, Texas, 76102, no later than 1:30 p.m. on December 15, 2005. The project number must be clearly marked on the envelope. Any Bid Documents not properly marked or not received in the proper place by the proper time will be considered non-responsive. NO FAXED BIDS WILL BE ACCEPTED 1.5 OPENING OF BIDS: The Bids will be opened and read aloud at 2:00 PM in Council Chambers on December 15, 2005. The Bid Documents submitted in accordance with this Invitation to Bid shall remain valid for ninety (90) days after the due date. 1.6 CONFLICTS: Should there be conflicts between the Bid documents and the final executed contract document, the final contract shall take precedence. 1.7 RESERVATIONS: The City reserves the right to reject any or all Bid and waive any or all formalities. 1.8 EXAMINATION OF CONTRACT DOCUMENTS AND SITE CONDITIONS: Before submitting a Bid, each Contractor should (a) examine the contract documents thoroughly, (b) make a site visit to familiarize themselves with variances that may affect cost, progress, or performance of the work, (c) familiarize themselves with federal, state, and local laws, ordinances, and rules and regulations that may affect cost, progress or performance of the work; and (d) study and carefully correlate these observations with the contract documents. A Contractor is required, prior to filing a Bid, to visit the site(s) of the project, to examine carefully all local conditions, and to inform itself by its own independent research and investigations, tests, and by such other means as may be necessary, of a complete knowledge of the conditions which will be encountered during the project. A Contractor must judge for itself the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent Bid. No information given by the City or any representative of the City other than that contained in the Contract documents and officially promulgated addenda thereto, shall be binding upon the City. Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsible for verifying all quantities. Contractors submitting Bids shall rely exclusively and solely upon their own estimates, investigation, research, tests, and other data, which are necessary for full and complete information upon which, the Bid is to be based. It is mutually agreed that the submission of a Bid is prima-facie evidence that the Contractor has made the investigations, examinations, and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement 1.9 CONTRACT DOCUMENTS DEFINED: Contract Documents are defined to be: the Bid Documents, Specifications, Project Drawings, all ancillary attachments, and the Contract. 1.10 BID DOCUMENTS DEFINED: Bid Documents are defined to be: Part 2 and Part 3 of the Bid Package, and all documentation provided by Contractor as required by such Part. All Contractors submitting a Bid must use the forms included within the Bid Documents and submit their Bid in the same binder and in the same order as received from the City. All supplemental data, provided by the Contractor, shall be separately bound and included in the same sealed envelope with the required Bid Documents. 1.11 SECURITY: Bid Documents must be accompanied by a cashiers check or a bidder's bond made payable to the City of Fort Worth in the amount of five percent (5%) of the largest possible total of the cost estimate as a guarantee that, if awarded the contract, the Contractor will begin work within eleven (11) days of the Notice to Proceed. 1.12 CONTRACT TIME: The successful Contractor is required, in the Contract, to start work within eleven (11) days of the Notice to Proceed and complete the project within that number of days proposed within Section 2.4 of the Bid Summary. 1.13 AWARD OF THE CONTRACT: The City may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Contractor, subcontractors, and other persons who are proposed to work on the project. The City will send a Notice of Award letter to the successful Contractor with three (3) sets of contract documents. The successful Contractor must execute the contract in each set and return all three sets to the City. Upon receipt of the three sets, the City will execute each set and issue one set to the successful Contractor with a letter titled Notice to Proceed. This letter authorizes work to begin and invoices to be paid. 2.0 BID DOCUMENTS *ALL BID DOCUMENTS MUST BE SUBMITTED IN THE SAME ORDER AS RECEIVED FROM THE CITY, AND WITHIN A BOUND PACKAGE. *FAILURE TO SUBMIT ALL OF THE FOLLOWING ITEMS IN A SEALED ENVELOPE MAY RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE. 2.1 BID DOCUMENT CHECKLIST All Bid Documents, including this Checklist, should be completed in full and submitted in a sealed envelope in the order requested, to be considered as a responsive submittal. Bid Documents Initial if Included 1. BID DOCUMENT CHECKLIST kA ., 2. ACKNOWLEDGE REQUEST FOR BID ADDENDA 3. BONDS V - 4. BID SUMMARY ., 5. LIST OF SUBCONTRACTORS 6. VENDOR'S COMPLIANCE TO STATE LAW 7. INSURANCE CERTIFICATES 8. CONTRACTOR'S LICENSES AND CERTIFICATES 9. CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY 10. BID PRESENTATION COMPLETENESS 1 understand that all of these items will be reviewed, and any items not included may result in my Bid being considered non-responsive. Karen Andrews Name President Title Intercon Environmental, Inc. Company 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR BID ADDENDUM 2.2.1 Check if applicable The undersigned acknowledges the receipt of the following addendum (a) to the Request for Bid, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 (date received) Addendum Number 2 (date received) Addendum Number 3 (date received) 2.2.2 Check if applicable X The undersigned acknowledges the receipt of no addenda to the Request for Bid. CONTRACTOR: Intercon Environmental, Inc. By: Karen Andrews Company Name (pri t or type name of signatory) -- 2214 FM 1187, Building 16 Address (Signature) Mansfield, Texas 76063 President City, State, Zip Title (print or type) 2.3 BONDS BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than FIVE percent of the largest possible total of the Bid submitted must accompany the Bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE 2.4 BID SUMMARY TO THE CITY OF FORT WORTH: The undersigned hereby proposes to furnish the equipment, labor, materials, superintendence, and any other items or services necessary to perform the work as identified in Section 1.1 of this Bid Package. The cost estimates for each line item below shall be for all labor, equipment, materials, disposal, and any and all other costs associated with the performance of that line item under this Contract are: Demolition of structure located at 924 Evans 4, 000.;00 Site 'Leveling and Seeding S 600.tl0 Loading Costs $ 750.00 — Transportation Costs $ 2 650.00i Disposal Costs TOTAL.COST,. 1M AM The calendar duration for all phases of the project is ten (10) days. The undersigned agrees to start work within eleven (11) days from the date of the Notice to Proceed. All Bid Documents have been submitted in one sealed envelope. —0— Addenda to the Request for Bid have been received. This Bid Summary and the accompanying Bid Documents are intended to be complete and will remain valid for ninety (90)days from the date of submittal. CONTRACTOR SUBMITTING BID: Intercon Environmental, Inc.By: Karen Andrews .. Company Name (pri t or type name of signatory) 2214 FM 1187, Building 16 (= Address (Signature) Mansfield, Texas 76063 President City, State,Zip Title(print or type) ®' (817) 477-9995 (817) 477-9996 _ Phone FAX _ 3 m N N O E O .r- 0 O • C a O O U- 46 -O ■ (D d co O E a`) U a 0 y Z C N 3 N U 0 • N N- J m n N Q t v-t Z •- O D r Q •c e Q * C3 W y � m co � • N � C O N LV I� N c -" N O� �t E O w0 ~ C d1 206 A co -T LU W o0 CES fn Q' a) • N b W _ O1-- _N �_' r i 0 d d H E3 r0iC7 LU O = O O U M � w m yr_ a N 0 >- oLL .5 q cc O M :3 Q CO~ v C: c U y 51 U m W LUU 91 o Z .� U N 1"I V V LL a� 333 2.6 VENDORS COMPLIANCE TO STATE LAW Article 601 g of Vernon's Texas Civil Statues (1985) applies to the award of contracts to non-resident contractors (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) who are required to bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident contractors would be required to under bid a non-resident contractor 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 below must be filled out by all out-of-state or non-resident contractors in order for their Bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that contractor. Resident contractors must check the box in Section B below. A. Non-resident contractors in (give state), our principal place of business, are required to be percent lower than resident contractors by state law. A copy of the statute is attached. Non-resident contractors in (give state), our principal place of business, are NOT required to underbid resident contractors. B. Our principal place of business or corporate offices are in the State of Texas. ® (Check this box if statement B is true) CONTRACTOR SUBMITTING BID: Intercon Environmental, Inc- By: Karen Andrews Company Name (print or type name of signatory) 2214 FM 1187, Building 16i Address (Signature) - Mansfield, Texas 76063 President City, State, Zip Title (print or type) (817) 477-9995 (817) 477-9996 Phone FAX 2.7 INSURANCE CERTIFICATES A. FOR PURPOSES OF THIS BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE (S) FOLLOWING THIS SECTION AND BOUND WITHIN THE BID PACKAGE. B. The successful Contractor will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Contractor shall deliver to the City of Fort Worth certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. The contractor shall not commence work under this Contract until it has obtained all the insurance required under the Contract, and such insurance has been approved by the City. Contractor shall keep the required insurance in force throughout the term of this Contract. "A. Commercial General Liability Insurance-$2,000,000 each occurrence. "B. Professional Liability Insurance -$2,000,000 each ocurrence. "C. Automobile Liability Insurance— a) 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/person —' ♦ $500,000 Bodily injury/accident ♦ $250,000 Property damage b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, ° $40,000 Bodily Injury each accident; $15,000 Property Damage each accident. "D. Worker's Compensation— ® a) Statutory limits for Worker's Compensation plus b) Employer's liability at a minimum: ♦ $1,000,000 each accident; ♦ $1,000,000 disease-policy limit; and ♦ $500,000 disease-each employee. "E. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B 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). "F. The following shall pertain to all applicable policies of insurance listed above: The following shall pertain to all applicable policies of insurance (1. through 4.) listed above: a. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." Exception_ the additional insured requirement does not apply to Workers' Compensation policies b. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the tatter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. c. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. d. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. e. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. f. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. g. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. h. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. i. If insurance policies are not written for specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. j. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis"". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. k. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE (S) FOLLOWING THIS PAGE AND BOUND WITHIN THE BID PACKAGE. ACORDTM CERTIFICATE OF LIABILITY INSURANCE ATan4=05 Serial# 100147 THIS C S11TIFICATE IS ISSJED AS A MATTER OF INFORMATION THE WYATT AGENCY ONLY AND CONFERS NO RIGI-ITS UPON T H= CERTIFICATE 9 SOO 11TH STREET HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY 7HE 00JCIES ALO , SUITE 3DrE HUNTSYR-LE.TX T'TJ40 INSURERS AFFO J)M COVERAGE NAIC# e+s.3s:ED wsvRER A; ARCH SPECIALTY INSURANzE COWAN! w INTERCON ENVIRONME'.NTAL,INC. imsuReR s: THE HARTFORD INS.CO. 2214 FRIT 1187,BLDG.#6 IN§upmz C: TEXAS MUTUAL INSURANCE GOMPkNY MANSFIELD,TX 76M JR-=R D_ e COVERAGES THE PO'.ICIES OF INWRAN:E LISTM BELOW HAVE BEEN:S$L ED TO T4E IIV$;.'sREO NAMED ABOVE FOR THE POLICY FE;UQO WDICATEU.NOT VWrKS:ANDPQ ANY PEOWREMENT.TERM OR CONAiTION OFANY CONTRACTOA CTI�;ER DOCLUENT WITH RESPECT TO WINCH THIS CERTIFICATE MW BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRO-M HEREIN IS SUBJECT TO ALL-HE TERMS. GaCCLUSIONS AMD COmo r*NS OF S,L",.'°W POLES.AGGREGATE LNA TS SHOWN WAV HAVE SEEN Fz:r bCED fig"?ASD CLAM. L7R TYPE 01'IH'.�JRANCE P-1-L=Irwac-t pq Mk POLE JWTS OENfPALLIAMUrf Sk,A0CCLRPGNCE s 2.I00,z:• AX com �mmaAL C---ALL.A-m r. 12 EMP 43513 03 2/3x"35 7J3106 P �`" "- „ s 50,033 ,., X ASSESTOSILEAC ABATE Fes_a ADY IJIRY s 2,0 7',OC3£I X POLLL1710N LIABILITY MEhWOAL^r--AS ATE f 2,30C.00O 3ENI AG IRE 34TE UMM APrT_IES PER; PRO}ACTS-C0Wr0P AGG IS 2,000.00 X PCUCY n P A?r Loo AUTOS 08"tlAMLF-Y 10UENTS3006 2/6J05 2AKS ^7K6 S, L3aT s 1+ B X ANYAL,M I`-'sa S RI.L Oa,T� s�cLr Rtl:,1R`! f X N REED AL!I C5 BCC1Y St':.r-Ry X ipw A=1*6L'* j ?AOPEt.Z. -in1AGe i OARAOE LLAMJTY A,TJ D,vLY-EA hCCI NT s �4 AM'AUTO C—tsR Tri" EA 4w S ,V'0 owY. RN S EXCESwtR 3FmLJ.A LSABG17T E.1H 0?-1--.kR;mNCE Is O'G1/R Q Ctf A[S LiADE AGGREGATE s f DEDL CTiBL1= s. VVORY C L 4ATCR ram 000114.2280 2,2 21251D6 X ',�` —L R p�A'iy.F 3:� tTy AVYFLEACH AC=EKT s 1,000,00(? C17Ft E;W, MB-ZR EY.Ca,;0 EL DISBASE-CA 0'P*-Y.E f 1,GNJO,C00 Vr"y: =� SP_^Ir-PR'JYISI0N*s Dit3x EL C:sFAs=_-�asX Y Llan s i,000.0100 OTHER j-e3=PTIOR OF OPERATIONSSLO;ATEONSNthl^U&SXCLUSIONS ADDED EY EXPORSEY,ENTWECLAL PR04t5Sms FOR INFORMATION AND BIDDING PURPOSES ONLY CERTIFICATE HOLDER CANCELLATION S jCX=ANT OF Thi AW%,%CES Q!OLC=EE G�£'cLLELi r�OrF THE c)w:RA1h"RI Dt,TE 1t� - .T1'-Z61hkO JF:SURER VML EtMAvGR TO VA0. DAYS wq-TrEN FOR INFORMATION AND BIDDING PURPOSES ONLY k07MT6'>W-CERrXICATFH0L. *4L TOTIGL2".RUTFAItoAETCDOW04A,L WOSE NO CELIGAT1t OR Lt: T TY OF A.NV KNO UPON TrE:kSLK. ,.TS-v^-En^s DR RE?REE ;,- es. .a AUTH1 OtaZED T E ✓�� :;' ACORD 25(2001=) c CORPORATION 198E 2.8 CONTRACTOR'S LICENSES & CERTIFICATES Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Contractor must provide a current copy of the appropriate certifications, registrations, and licenses and related certificates with their Bid including without limitation the Texas Asbestos Health Protection Rules, as amended. ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES FOLLOWING THIS PAGE AND BOUND WITHIN THE BID PACKAGE O _ p q c�3 'x � av CV) a < ooCS o� W V1cn 0 }..� F w tn � �I 1..,ut �-•1 ' ll .H Q N c> =gip fl :44- z cz -ce W 3 R A. o tn U > F y !•" A C N i N y y to ;n Z �i a Vi Q }� cs e 5 J .l.. Cdr O V N Q RS r" .0on O Cd ca cy Y — a NN ct W z z �' w - __ •� r O ✓, � h fav. ,� °' .� is GO cs W 3 `" •f 5 O t—I J U s a. 2.9 CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY A. The Contractor shall attach a written report detailing the substance, status, and outcome of any legal action brought against the Contractor, its officers, employees, and any of its proposed subcontractors as a result of violations, real or alleged, of any laws, licenses, permits, and/or judicial or administrative orders relating to the protection of the environment. These include violations that pertain to the prohibition, reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes into or onto the air, surface water, groundwater, storm water, or land. In this context, "legal action" means: s 1. any enforcement action brought against by the United States Environmental Protection Agency, the Texas Natural Resource Conservation Commission (including its predecessor agencies the Texas Water Commission and the Texas Air Control Board), the Texas Department of Health, and any other state and federal agency. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, and criminal prosecution; and/or 2. any civil litigation brought against the Contractor, its officers, employees, and any of its proposed subcontractors by any person. B. The report shall include all such enforcement actions, litigation, and disciplinary action brought since within five(5)years of the closing date of this request for Bid. C. The report shall be signed and certified by an authorized representative of the Contractor. An authorized representative of the Contractor shall mean (1) if the Contractor is a corporation,: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. The certification shall be worded as follows: "I certify under penalty of law that attached report of Contractor's Legal History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." INCLUDE A COPY OF THE REPORT FOLLOWING THIS PAGE BOUND WITHIN THE BID PACKAGE Certification of Contractor's Legal and Compliance History Complete One of the Following Certifications: I certify under penalty of law that the attached report of Contractor's Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: BY: Company Name (print or type name of signatory) (signature) Title(print or type) Date I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees, or Contractor's proposed subcontractors within the preceding five years To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: Intercon Environmental, Inc. BY: Karen Andrews M Name (print or type name of signatory) President ) Title(print or type) December 14, 2005 Date " t\ 5 n te rco n .� ENVIRONMENTAL, INC. 2214 FM 1187 . Building 6 . Mansfield. Texas 76063 Telephone (817) 477-9995 . Facsimile (817) 477-9996 mail@intercon-environmental.com www.intercon-environmental.com Contractor's Legal and Compliance History I, Karen Andrews, certify under penalty of law that attached report of Contractor's Legal History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I, Karen Andrews, hereby certify that Intercon Environmental, Inc. has no citations from the Texas -° Department of State Health Services, and that, Intercon Environmental has never had a contract terminated, and that, Intercon Environmental (or employees scheduled to participate in this project) is not currently involved, nor has participated, in any asbestos-related legal proceedings/claims, and that Intercon Environmental, Inc. has no outstanding violations of $1,000.00 per day or more and/or any pending,TDSHS violations of $1 ,000.00 or more per day or paid a $1,000.00 per day violation within the last year, and that Intercon Environmental, Inc. has enough equipment and staff to perform at least four (4) projects at one time with a supervisor and at least eight (8) workers for each project, and that, Intercon Environmental, Inc. has no liens filed against them or any liens pending, and that, Intercon Environmental, Inc. has never filed bankruptcy, and that, Intercon Environmental, Inc. is not involved in any lawsuits over their performance of work or has any lawsuits pending over non-payment of sub-contractors or vendors. CONTRACTOR: Intercon Environmental, Inc. BY: Karen Andrews Company Name (print or type name of signatory) l�l�l President (signature) Title (print or type) vt- 4 y' 12/14/05 Anaplica Petruzzelli '�' Notary Public,State of Texas Date Notary: An lica Petruzzelli My Commission Expires: February 28,2008 My Commission Expires: 0 (��� Intercon/BidDocs/complianceHistory 2.10 PROJECT SCHEDULE Contractors shall provide a project schedule that includes all tasks for all technology methods selected for use on the project. The project schedule shall include at least those tasks defined in Section 2.5, Cost Estimate. Contractors may add additional tasks as required to complete the project. The project schedule shall show all tasks in the left most column and their duration shall be plotted horizontally versus time. A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by IT' wide. A separate Task must be shown for each subcontractor, each separate organization, and each minoritytwomen business if applicable. The name of the Contractors company, subcontractor, separate organization, minoritytwomen business shall be identified above the duration bar of each task. The estimated dollar cost for each task shall be shown below each duration bar. The completion of each task must be associated with a project deliverable document. Deliverable documents may be a report, test data, lab analysis, or invoices that show completion of that task. The project schedule must be submitted with the Bid. During the term of the contract the Contractor shall submit weekly project schedules showing planned work and actual work accomplished. INCLUDE A COPY OF THE SCHEDULE FOLLOWING THIS PAGE BOUND WITHIN THE BID PACKAGE C § mow ] O LL \ / 2 § § m m � ( ' ) ) A / \ co m > kccon 3 k ! m n v «• a E 2 N 3 « .... J § o e i k o k = 2 j - / �d �d _ t .c - �. ;o :LL. . 7 \ § � ,» ;� �� �_ ) / a m / .0 § § k 7 2 ® � _ « E .a ;a § }\ / \ C", i _ � � | 3.0 SPECIFICATIONS 3.1 ASBESTOS SURVEY RESULTS Attached are excerpts from the Level II Asbestos Survey completed on the structure identified within this Bid Package. Only copies of Table 1 — Summary of Bulk Analysis for Asbestos Identification and Appendix A—Schematic Drawings are included for the structure. The entire Level II Asbestos Survey is available for review at the Department of Environmental Management offices located at 908 Monroe Street,r Floor, Fort Worth,Texas 76102. All quantities are ESTIMATES only and it is the responsibility of the Contractor to verify the quantities prior to submitting a Bid. 3.2 DEMOLITION REQUIREMENTS ■ Contractor responsible for any damage to adjacent buildings and/or roadways/sidewalks/alleys and must make any and all necessary repairs. ■ Furnish all tools, labor, equipment and permits necessary to fully complete the work as described in the bid specifications for each unit awarded to them. ■ Prior to commencement of work, notify appropriate utility companies to disconnect the gas service lines at the main, the water service at the meter and disconnect electrical service lines at the pole at each location. ■ Prior to commencement of any work under this contract, Contractor must obtain a wrecking permit(within seven (7) calendar days after the bid opening)to demolish all of the specified buildings at the site from the Department of Development, telephone (817) 392-2222. ■ Prior to commencement of any work under this contract, obtain from the Environmental Management Department a written notice to proceed. ■ Commence said work within eleven (11) days after being notified in writing to proceed by the City of Fort Worth — Environmental Management Department. ■ NO LATER THAN forty-eight(48) hours before starting demolition, the Contractor will notify Department of Code Compliance of the property address upon which Contractor is demolishing structure(s). ■ Upon completion of the work, the Contractor will obtain a final inspection on the wrecking permit, from the Building Inspection Division in the Development Department. ■ Additionally, the Contractor shall notify the Environmental Management Department upon completion, for a payment inspection. ■ Protect the work site as necessary with barriers, lights, safeguards or warnings. ■ Contractor agrees to protect and leave in good condition all sidewalks and curbs. If before any demolition work is commenced, or heavy equipment is moved to the work site, the sidewalks or curbs are crushed, broken, or in general disrepair, the contractor agrees to take photographic evidence of the condition prior to moving any heavy equipment to the work site. ■ Remove all Demolition debris,junk, trash, debris and salvageable materials from the lot as well as from the alley and the right-of-way. ■ Remove all furniture, household furnishings, building materials, tires, abandoned or junked vehicles or vehicle parts. ■ Sweep dirt and debris from the sidewalk and street that accumulate during loading and removal. ■ Possess or insure that each vehicle contracted for waste hauling possesses, a valid City of Fort Worth Waste Hauler Permit as issued by the Environmental Management Department-Solid Waste Division, telephone: (817) 392-5150. ■ Clean and remove all debris, trash, rubbish and any other solid waste from the demolition premises to a state licensed disposal site or to a properly permitted landfill site at contractor's expense.