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Contract 49625
CITY SECRETARY STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR REMOVAL OF BENZO(A)PYRENE CONTAMINATED SOIL AT GREENBRIAR PARK LOCATED AT 5200 HEMPHILL STREET ENV 17-01: GBP 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 Eagle Remediation and Demolition, LLC ("Contractor"), acting through Mark Anderson, its duly authorized President. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and ben 6 Contract, the City and the Contractor agree as follows: °' DEFINITIONS In this contract the following words and phrases shall be defined as folly 5ti�o��SG�Pe� Change Order means an officially authorized and executed written amen Task Order, issued by the City. Z City's Representative means the Assistant Director of Code Compliance, Environmental Management Division, or his designee. Contract Documents means this contract; Invitation to Bid; attachments, pre-bid amendments, and appendices to the Invitation to Bid; the Contractor's response to the Invitation to Bid; all ancillary documents submitted with the Contractor's response to the Invitation to Bid; 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. Notice to Proceed means the official letter is q-that authorizes Contractor to begin work. OFFICIAL RECORD CI SEC FTARY Benzo(a)pyrene Soil Remediation Contract FT.WORTH,TX Page 1 of 21 Eagle Remediation and Demolition Services, LLC 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. 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 Notice to Proceed/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 Parks and Recreation Department for the work provided herein. C. City shall give timely direction to the Contractor. D. City shall render decisions regarding modifications to the Contract and any other issue. E. Provide Analytical Laboratory Reports for Waste Characterization Purposes and Impacted Soil Removal Specifications; F. Provide personnel to collect necessary waste characterization and confirmation samples. G. Confirmation samples will be on a 24-hour turnaround time. H. Direct pay the laboratory costs for necessary samples. Benzo(a)pyrene Soil Remediation Contract Page 2 of 21 Eagle Remediation and Demolition Services, LLC I. Provide Site Contact Information. J. Provide Site Access. K. Provide Environmental Consultant to oversee work. L. Stake and clearly identify areas to be excavated prior to Vendor initiating removal. M. Provide Project Manager to act as single point of contact for the City. N. Provide personnel necessary to review and sign waste profiles and waste manifests. 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 Benzo(a)pyrene Soil Remediation Contract Page 3 of 21 Eagle Remediation and Demolition Services, LLC all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". Section 2. Notice to Proceed/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 remediation activities. The purpose of the coordination will be to assure compliance with the requirements for notification to the City of Fort Worth — Parks and Recreation Department. 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 Benzo(a)pyrene Soil Remediation Contract Page 4 of 21 Eagle Remediation and Demolition Services, LLC provided and shall be submitted as a single invoice submitted within 30 days of completion of all work specified in a task order. 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; Benzo(a)pyrene Soil Remediation Contract Page 5 of 21 Eagle Remediation and Demolition Services, LLC b. Fees incurred for the services of attorneys, consultants, engineers, contractors, experts, laboratories, and investigators related to any studies, cleanup, remediation, removal, response, abatement, containment, closure, restoration, monitoring work, civil or criminal defense, or the recovery of any other costs; 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 Benzo(a)pyrene Soil Remediation Contract Page 6 of 21 Eagle Remediation and Demolition Services, LLC d. Citizen suits authorized by any federal or state law: and e. All common law causes of action related to health, safety, natural resources, and the environment. B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL: 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, Benzo(a)pyrene Soil Remediation Contract Page 7 of 21 Eagle Remediation and Demolition Services, LLC any and all judgments, settlements, penalties or other sums due against such indemnified persons. 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. Benzo(a)pyrene Soil Remediation Contract Page 8 of 21 Eagle Remediation and Demolition Services, LLC 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 (Not Applicable for this Project) 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 retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. Benzo(a)pyrene Soil Remediation Contract Page 9 of 21 Eagle Remediation and Demolition Services, LLC 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 hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. Benzo(a)pyrene Soil Remediation Contract Page 10 of 21 Eagle Remediation and Demolition Services, LLC 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. 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 Benzo(a)pyrene Soil Remediation Contract Page 11 of 21 Eagle Remediation and Demolition Services, LLC 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. Benzo(a)pyrene Soil Remediation Contract Page 12 of 21 Eagle Remediation and Demolition Services, LLC 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 a nine (9) percent (%) 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. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. Benzo(a)pyrene Soil Remediation Contract Page 13 of 21 Eagle Remediation and Demolition Services, LLC 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 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 Benzo(a)pyrene Soil Remediation Contract Page 14 of 21 Eagle Remediation and Demolition Services, LLC 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: Eagle Remediation and Demolition Services, LLC Attn: Mark Anderson - President P.O. Box 70 Azle, TX 76098 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. Benzo(a)pyrene Soil Remediation Contract Page 15 of 21 Eagle Remediation and Demolition Services, LLC 26. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 27. ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. 28. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. Benzo(a)pyrene Soil Remediation Contract Page 16 of 21 Eagle Remediation and Demolition Services, LLC ATTACHMENT A SCOPE OF WORK Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary for removal of benzo(a)pyrene contaminated soil at the Fort Worth - Greenbriar Community Center Park located at 5200 Hemphill Street in the southern section of the city. There are two separate locations on the same properties to be remediated that will be collectively referred to herein as the "Northwest Area" and "Southeast Area." The Site locations are shown on Figure 1. The contractor will remove the benzo (a) pyrene contaminated soil throughout this entire parcel of property. The proposed response action for the Site includes the excavation of up to approximately 6,000 cubic yards of soil. This quantity estimate includes areas sampled that indicated elevated levels of benzo (a) pyrene. The top 12" of soil will be removed from two distinctly separate areas, comprising a total of 111,023 square feet, and transported offsite to a properly permitted landfill for disposal. A soil expansion factor of 1.4 shall be used to figure amount of soil for disposal (- 6,000 cubic yards). Clean topsoil of suitable nature will be required to replace the excavated soils. The Soil Remediation Contactor (Contractor) scope of work for this project shall include two major tasks consisting of the excavation, offsite disposal of affected soils and backfilling with clean fill associated with the following two locations on site: 1. Northwest Area - located on the subject property adjacent to the golf driving range (see Figure 2, Section 3.4) 2. Southeast Area - located on the subject property adjacent to Greenbriar Lake (see Figure 3, Section 3.4) The Contractor scope of work in each location for the soil remediation phase of this project shall involve the following subtasks: Subtask 1: Excavation of the affected soils that exceed the soil cleanup standards (preliminary remediation goals); Subtask 2: Stockpiling of the excavated soils on plastic sheeting adjacent to the two areas of concern; Subtask 3: Disposal of the excavated soils at a permitted Class 2 non- hazardous landfill; and Subtask 4: Backfilling of the two soil excavation areas to pre-excavation grade using clean select fill. Benzo(a)pyrene Soil Remediation Contract Page 17 of 21 Eagle Remediation and Demolition Services, LLC Subtask 5: Replacement of concrete walk-ways and Frisbee golf tee boxes and holes that may be required to be removed in order to access the impacted soils beneath. All work performed under the contract shall be in strict adherence to all applicable Federal, State and local rules and regulations. Remainder of page is left blank intentionally. Benzo(a)pyrene Soil Remediation Contract Page 18 of 21 Eagle Remediation and Demolition Services, LLC ATTACHMENT B. COMPENSATION SCHEDULE THIS IS A FIXED-PRICE CONTRACT. ALL SOIL REMOVAL QUANTITIES HEREIN ARE ESTIMATES FOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE AMOUNT OF REMEDIATON TO BE PERFORMED ON THE PROJECT AND ARE NOT TO BE CONSTRUED AS A LIMITATION OR MAXIMUM ON THE AMOUNTS OF REMEDIATION REQUIRED TO BE PERFORMED BY CONTRACTOR. SITE 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 THREE-HUNDRED FORTY-ONE THOUSAND, NINEE HUNDRED EIGHTY-NINE DOLLARS AND THIRTY CENTS ($341,989.30), which includes a 15% Contingency, for the completion of all work specified in this contract. 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 THREE-HUNDRED FORTY-ONE THOUSAND, NINEE HUNDRED EIGHTY-NINE DOLLARS AND THIRTY CENTS ($341,989.30), which includes a 15% Contingency, 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 Invitation to Bid were estimated quantities only. Prior to submitting a bid, as noted in the Invitation to Bid, the Contractor was responsible for verifying all quantities upon which the Contractor's bid was based. The Contractor was to rely exclusively upon its own estimates, investigation, research, tests, and other data necessary to supply the full and Benzo(a)pyrene Soil Remediation Contract Page 19 of 21 Eagle Remediation and Demolition Services, LLC w 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. Benzo(a)pyrene Soil Remediation Contract Page 20 of 21 Eagle Remediation and Demolition Services, LLC CONTRACT FOR REMOVAL OF BENZO(A)PYRENE CONTAMINATED SOIL AT GREENBRIAR PARK LOCATED AT 5200 HEMPHILL STREET ENV 17-01: GBP 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 Eagle Remediation and Demolition Services, LLC BY: (-,O BY: 11a� Fernando osta Mark An- erson Assistant City M--I---- President Date Signed: 141Z i Wi T NESS: RECOMMENDED: Cody ittenburg SEAL: Enviro mental Pro Manager OR Code Compliance U? 2 APPROVED AS TO FORM ATTEST: LEGALITY: Q — �7CA5• Christa opez-Re olds Mary J. er Senior Assistant City Attorney City Se ar Date: AMC CITY OF FORT WORTH 1295:SII-Orl-u CONTRACT COMPLIANCE MANAGER By signing I acknowledge that I am the person responsible for the monitoring and administr of this contract, including ensuring all performance and reporting requir S. Roger drantham CSC # Environmental Supervisor OFFIC7RECORDCITY FT. Benzo(a)pyrene Soil Remediation Contract of 1 Eagle Remediation and Demolition Services, LLC MBC Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FMMUH COUNCIL ACTION: Approved on 8/29/2017 REFERENCE ** 23GREENBRIAR PARK DATE: 8/29/2017 NO.: C-28347 LOG NAME: SOIL 2017 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Eagle Remediation and Demolition Services, LLC, for Removal of Contaminated Soil at Greenbriar Park for a Cost Not to Exceed $297,382.00 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of an exclusive contract with Eagle Remediation and Demolition Services, LLC, for removal of contaminated soil, clean topsoil fill and re- vegetation of excavated areas at Greenbriar Park in the total not to exceed $297,382.00. DISCUSSION: The City of Fort Worth works to mitigate or eliminate potential environmental hazards in and around the community. When properties owned by the City of Fort Worth are improved, environmental management staff in the Code Compliance Department work to ensure compliance with Federal/State environmental regulations by remediating any pollution which needs to be removed for appropriate disposal. In two isolated areas within Greenbriar Park(5200 Hemphill Street), a layer of soil contaminated with benzo[a]pyrene, a chemical associated with petroleum products, was identified. While the level of contamination in the soil is low, it is slightly above the recommended level established by the Texas Commission on Environmental Quality. For years, the contaminated soil layer has existed underneath a layer of uncontaminated topsoil and a grassed surface which provided a protective barrier to park visitors. Recently, planned improvements to the James Avenue Service Center, located at 5199 James Avenue, provided the opportunity to complete this soil remediation project. This project will completely remove and replace soil and vegetation to fully- remediate the contaminated soil and to allow for unrestricted park improvements in the future. An Invitation to Bid for the excavation, transportation, and disposal of 6,000 cubic yards of contaminated soil and to provide clean topsoil fill material at Greenbriar Park was advertised on December 28, 2016. Responsive submittals were received from the following eight firms on February 16, 2017: 1. Associated Environmental Industries, Corp. 2. Belair Builders, Inc. 3. Eagle Remediation and Demolition Services, LLC 4. Environmental Management Resources, Inc. 5. Q. Roberts Trucking, Inc. 6. SEMS, Inc. 7. Stericycle Environmental Solutions 8. Sunbelt Industrial Services The submittals from each of the eight firms were reviewed and rated by a committee, based on the published weighted selection criteria. The six criteria and their respective weightings were: (1) the firm's proposed cost(25 percent); (2) the prime contractor's proposed project team members and their experience (25 percent); (3)the proposed project schedule (10 percent); (4) the qualifications of the provider's subcontractors (10 percent); (5)the proposed M/WBE participation and plan (25 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24748&councildate=8/29/2017 9/1/2017 M&C Review Page 2 of 3 percent); (6) the contractor's legal history (five percent). Eagle Remediation and Demolition Services, LLC, was selected as the most highly qualified respondent, based on proposed cost, demonstrated competence and qualifications provided in the Statement of Qualifications to perform the services in accordance with Chapter 2254 of the Texas Government Code. M/WBE OFFICE: Eagle Remediation and Demolition Services, LLC, is in compliance with the City's BDE Ordinance by committing to 13 percent MBE participation. The City's MBE goal on this project is nine percent. This contract provides services at Greenbriar Park, located at 5200 Hemphill Street in COUNCIL DISTRICT 9. The contract services will be performed until all excavation, transportation, and disposal of contaminated soil is complete, clean topsoil has been provided and vegetation is established at Greenbriar Park. The Code Compliance Department's Environmental Management Division has coordinated this project with Park and Recreation Department staff, the City of Fort Worth Park and Recreation Advisory Board representative, and local neighborhood associations. The Greenbriar Park Soil Remediation Project is a project identified in the Environmental Capital Improvement Plan. Other examples of planned, future environmental projects which will remediate similar environmental contamination include: the former Fort Worth Rifle and Pistol Club (soil contamination with lead); Gateway Park(soil contamination with polychlorinated biphenyls); Brennan Avenue Service Center/former North Central Landfill (soil/groundwater contamination with petroleum hydrocarbons); and Echo Lake Park (soil contamination with lead). Additional site remediation projects may be established through discovery of environmental contamination over time. The City is actively involved in cleanup action plans and design activities at each of these sites with coordination from the Texas Commission on Environmental Quality. The project will serve patrons of Greenbriar Park, located at 5200 Hemphill Street in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, within the Environmental Protection Fee- Capital Project Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Charlfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brandon Bennett(6322) Additional Information Contact: Cody Whittenburg (5455) Elmer DePaula (7251) http://apps.cfwnet.org/council_packet/mc review.asp?ID=24748&councildate=8/29/2017 9/1/2017 M&C Review Page 3 of 3 ATTACHMENTS Greenbriar FAQ FINAL.pdf Greenbriar Form 1295.pdf Greenbriar Park Location Map.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=24748&councildate=8/29/2017 9/1/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 n there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-211198 Eagle Remediation and Demolition Services,LLC Springtown.TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05122/2017 being filed. City of FOR Worth Date Acknged- owl 31 (Y 3 Provide the identification number used by the governmental entity or state agency to track or Identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. ENV 17-01:GBP Environmental Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Anderson,Mark Springtown,TX United States X Anderson,Ann Springtown,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Peary IDA LEE OATE6945 4 Notary 10# 130894503 My Commission Expires November 9.2020 Signature of authorized agent of contracting business entity c AFFIX NOTARY STAMP/SEAL ABOVE n(��6,`..'�►�,c>��}''� WWK Sworn and subscribed before me,by the said ""`"' " `�' , this the ._,day of s r NyV 20�,to certify which,witness my hand and seal of office. �— Signature of officer administering oath Printed name of officer administering oath Titl of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project ENV-16-09; DEMO. CONTRACTOR Eaole Remediation and Demolition Services, LLC By: Mark 4poerson ' Title President STATE OF TEXAS § § , COUNTY OF TARRANT § • F Bef9re me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrurrfe% and acknowledged to me that he executed the same as the act and deed of ��.* -� ,l , " - for the purposes and consideration)therein expressed and in the capacity therein stated. ry Given Under My Hand and Seal of Office t " !Pday of 201( I SM' PATRICIA LEE OATES Notary 10 # 130894503 Notary Public in and for hd State of Texas My Commission Expires November 9,2020 a? v r w VENDOR COMPLIANCE TO STATE LAW The 1485 Session of the Texas Legislature passed House Bill 620 retativ6 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) bits 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 office(s) is in the State of Texas)< Bidder: Eaale Remediation and Demolition Services, LLC Mark An[i rsnn By: (Please Print) Signature President Title (Please Print) A4"6 DATE(MMIDD/WY1') � _. CERTIFICATE OF LIABILITY INSURANCE 06/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hollie O'steen Kinnaird,Rossander&Perry Agency Inc NAME: PHONE FAX -- 62 104 N.Lamar N , : (254)629-3933 { Not: (254)629-1165 MAIL PO Box 351 ADDRESS: hollieosteen@sbcglobal.net Eastland,TX 76448 INSURERS AFFORDING COVERAGE NAIC# INSURERA: EVEREST INDEMNITY INS CO 34452 INSURED Eagle Remediation and Demolition Seruces,LLC INSURER13: EVEREST NATIONAL INS CO A0191 PO Box 70 INSURERC: Texas Mutual Ins Co A0054 Azle,TX 76098 INSURERD: America First A0092 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLk:Y NUMBER i MMRICDY EFF M C EXP LIMBS LTR A COMMERCIAL GENERAL LIABILITY Y Y EF4ML06066171 4112117 /12/18 EACH OCCURRENCE $ 1,000,00C DAMAGE TO REN—TE CLAIMS-MADE FvI OCCUR PREMISES(Ea oc UC Dence $ 3-00—Ac $2 M IL CONT POLL MED EXP(Any one person) $ 10,00C $1 MILPROF(CLAIMSMADE) PERSONAL&ADV IWURY $ 1,000,00C GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,OOC J POLICY JET LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ B AUTOMOBILE LIABILITY Y Y EF4CA00238171 4/12/17 4/12/18 CEa accidentOMBINEDSINGLELIMIT g 1,000,000 ANY AUTO BODILY I W URY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLALIAB OCCUR Y Y EF4CU01149171 4/12/17 4/12/18 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION $0 $ C WORKERS COMPENSATION Y TSF-0001237361 5/6/17 516118 STi UTE EEE AND EMPLOYERS'LIABILITY YIN ANN&MARK ANDERSON ANY PROPRETOR/PARTNER/EXECUTNE E.L.EACH ACCIDENT $ 1,000,000 OFFIC Y N/A EX[, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00C If yes,describe under 1,000,00C DESCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT $ D INLAND MARINE BMW57079948 5/6/17 5/6/18 RENTED/LEASED $350,000 EACH DED$1000 $500,000AGG DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas St Fort Worth,TX 76102 AUTHORED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. 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