HomeMy WebLinkAboutContract 49750 CSCE ��� o
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT §
CONTRACT FOR REMOVAL, PACKAGING, TRANSPORTATION,
AND DISPOSAL OF ASBESTOS-CONTAINING MATERIALS
FORT WORTH POLICE TACTICAL CENTER
(FORMER KXAS CHANNEL 5 TELEVISION FACILITY)
3900 BARNETT LANE
FORT WORTH, TEXAS
ENV 17-05: FW TACT CTR
This Contract is entered into by and between the City of Fort Worth, a home-rule
municipality located within Tarrant County, Texas, ("City") acting through Fernando
Costa, its duly authorized Assistant City Manager, and HP Ecological Services, LLC
dba HP EnviroVision ("Contractor"), acting through Thomas Palet, its duly authorized
President.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
DEFINITIONS o�
In this contract, the following words and phrases shall be defined as follows:
Change Order means an officially authorized and executed written amendment to a
Task Order, issued by the City.
City's Representative means the Assistant Director of Transportation and Public Works,
Environmental Management Division, or his designee.
Contract Documents means this contract; Request for Proposals; attachments, pre-bid
amendments, and appendices to the Request for Proposals; the Contractor's response
to the Request for Proposals; all ancillary documents submitted with the Contractor's
response to the Request for Proposals; Task Orders; and other written, printed, typed
and drawn instruments that comprise and govern the performance of the work,
including, but not limited to, proposal, plans, specifications, maps, blueprints, notice of
award, general conditions, special conditions, supplementary conditions, general
provisions, special provisions, change orders, any contract amendments and the
payment, performance and maintenance bonds, or other such 31milar abcuments as
may be required for work performed under this contract. The Co r®F#kWRVVbkII
CITY SECRETARY
FT.WORTH,TX
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.
NESHAP shall mean the National Emissions Standards for Hazardous Air Pollutants, as
described in Title 40 CFR Part 61.
Notice to Proceed means the official letter issued by the City that authorizes Contractor
to begin work.
Subcontract means a contract between the Contractor for this project and another
person or company for any task defined in the scope of work. A purchase order is also
considered a subcontract.
Task Order means an officially authorized and executed written description and
specification directing the Contractor to perform specific services within the scope of this
contract, issued by the City.
2.
SCOPE OF CONTRACTOR'S SERVICES
Contractor hereby agrees to perform as an independent contractor the services set forth
in the Scope of Work attached hereto as Attachment "A".
This contract is to provide the City of Fort Worth with these services as ordered during
the term of the agreement.
Individual projects will be authorized on a Task Order basis when the City elects to
proceed with each specific effort. City shall not pay for any work performed by
Contractor or its contractors, subcontractors and/or suppliers that has not been
specifically ordered by the City in writing on a duly executed Task Order or Change
Order. Contractor shall not be compensated for any work that is verbally ordered by
any person and shall rely only upon written authorization to conduct work.
3.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. City shall coordinate with facilities, City departments, and any tenants for access
to work site(s).
B. City shall prepare and revise all notifications necessary to the Texas Department
of State Health Services (DSHS) for the work provided herein.
C. City shall make payment of all applicable DSHS fees.
D. City shall give timely direction to the Contractor.
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E. City shall render decisions regarding modifications to the Contract and any other
issue.
4.
TERM
Unless terminated pursuant to the terms herein, this Agreement shall be for the duration
of the project through to completion of identified scope of services, beginning upon the
date of its execution.
5.
INDEPENDENT CONTRACTOR
The City agrees to hire Contractor as an independent contractor, and not as an officer,
servant, or employee of the City, Contractor shall have the exclusive right to control the
details of the work performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, and
subcontractors. Nothing herewith shall be construed as creating a partnership or joint
venture between the City and Contractor, its officers, agents, employees, and
subcontractors; and the doctrine of respondent superior has no application as between
the City and Contractor.
6.
COMPENSATION
Section 1.
Generally.
City shall not pay for any work performed by Contractor or its subcontractors, and/or
suppliers that has not been specifically ordered by the City in writing by Task Order or
Change Order pursuant to the terms of the Contract Documents. Contractor shall not
be compensated for any work that is verbally ordered by any person and shall rely only
upon written authorization to conduct work.
City and Contractor agree to the unit prices, employee labor rates, and other costs as
specified in this contract. Contractor shall be compensated in accordance with the
Schedule shown in Attachment "B". Payment shall be considered full compensation for
all labor, materials, supplies, and equipment necessary to complete the services
described in Attachment "A".
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Section 2.
Task Orders.
City will issue a Notice to Proceed to Contractor that details the work to be performed by
the Contractor. The Notice to Proceed will include at a minimum, the project address,
scope of work, date to commence work, time period to complete work and the not to
exceed payment amount for the task.
Contractor will be responsible for coordinating with the Code Compliance Department —
Environmental Management Division immediately after receipt of the Notice to Proceed
which shall specify the start date of abatement activities. The purpose of the
coordination will be to assure compliance with the requirements for notification to the
Texas Department of State Health Services (DSHS).
Contractor shall complete all work specified for each task within the time specified in the
Notice to Proceed unless an extension of time is granted in writing, with any such
determination being made in the sole discretion of the City of Fort Worth. A working day
is defined as each day exclusive of Saturday, Sunday, and declared holidays as
designated by the City of Fort Worth. If a stop work order is issued by the City, the
number of working days shall be tolled until the day the Contractor receives a written
notice to resume work issued by the City.
Should the Contractor fail to begin and complete any task within the specified time, then
the City shall have the right in its sole discretion to either (1) demand that the
Contractor's surety take over the work and complete same in accordance with the
plans, specifications and other Contract Documents or (2) to take charge of and
complete the work in such a manner as it may deem proper, and if in the completion
thereof, the cost to City shall exceed the contract price, the Contractor and/or its surety
shall pay City upon its demand in writing, setting forth and specifying an itemized
statement of the total cost thereof, said excess cost.
Section 3.
Release Upon Payment
Acceptance by Contractor of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
Section 4.
Invoice and Payment.
The Contractor shall provide a singular invoice to the City for the entire total cost of the
asbestos abatement activities. The invoice shall contain a detailed breakdown to
include: labor including employee name, functional title, date and hours of work
performed; internal supplies and services provided; and external supplies and services
provided and shall be submitted as a single invoice submitted within 30 days of
completion of all work specified in a task order.
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Payment for services rendered shall be due within thirty (30) days of the uncontested
performance of the particular services so ordered and receipt by City of Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
portion so contested may be withheld from payment, and the undisputed portion will be
paid. No interest will accrue on any contested portion of the billing until mutually
resolved. City will exercise reasonableness in contesting any billing or portion thereof.
7.
LIQUIDATED DAMAGES
If Contractor fails to commence and complete work under this Contract within the
stipulated time, there shall be deducted from any moneys due or owing Contractor, or
which may become due, the sum of $1,000.00 (one thousand dollars) per day for each
day after the date the project was to be completed, until the project is completed. Such
sum shall be treated as liquidated damages and not as a penalty, and City may withhold
from Contractor's compensation such sums as liquidated damages. The amount of
damage to City for delay in completion of the work is difficult to ascertain and the
amount of the liquidated damages per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
8.
INDEMNIFICATION
A. The following words and phrases shall be defined as follows:
1. "Environmental Damages" shall mean all damages, losses, diminished
values, claims, judgments, penalties, fines, liabilities, encumbrances,
liens, costs, expenses of investigation, and the defense of any claim,
whether or not such claim is ultimately defeated, results in a judgment or
order of any kind, or is resolved by any good faith settlement, and of
whatever kind or nature, direct or indirect, tangible or intangible,
compensatory, exemplary, or punitive, economic or non-economic,
contingent or otherwise, matured or unmatured, foreseeable or
unforeseeable, to the City and any third parties, including without limitation
reasonable attorney's and consultant's fees, any of the foregoing which
are incurred as a result the Contractor's work, or due to negligence, or
arising from a violation of any Environmental Requirements, or arising
from strict liability, or an intentional tort, and whether any of the foregoing
are attributable to the Contractor, a Subcontractor, a vendor, employee,
agent, successor, or assignee and including by way of example but not
limited to:
a. Damages for personal injury or death, pain and suffering, mental
or emotional distress, injury to property of any kind or to natural
resources, environmental contamination, or the loss of use or
value of property;
b. Fees incurred for the services of attorneys, consultants,
engineers, contractors, experts, laboratories, and investigators
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related to any studies, cleanup, remediation, removal, response,
abatement, containment, closure, restoration, monitoring work,
civil or criminal defense, or the recovery of any other costs; and
c. Liability, claims, or judgments to any third persons or
governmental agencies in connection with the items .referenced
herein.
d. Fines, penalties, costs, agreed orders, or settlements to any
federal, state, or local government for violations of environmental
laws, permits, standards, or regulations.
2. "Environmental Requirements" shall mean the allowable or permissible
levels, concentrations, or amounts of materials; all applicable present and
future statutes, regulations, rules, permits, plans, or authorizations of all
governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions
thereof; and all applicable judicial, administrative, and regulatory decrees,
judgments, and orders; and all common law causes of action; all of the
above relating to the protection of human health or the environment and
being inclusive of, but not limited to:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of
wastes, substances, materials, pollutants, contaminants,
hazardous wastes, petroleum products, toxic substances,
materials, or other any other regulated or harmful substances
whether solid, liquid, or gaseous into the air, surface water,
groundwater, stormwater, or land, or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal,
transport, or handling of elements, compounds, materials,
substances, pollutants, contaminants, or hazardous or toxic
materials, substances, or wastes, whether solid, liquid, or
gaseous in nature; and
b. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of
radioactive materials or radiation or electromagnetic fields.
c. All requirements pertaining to the protection of the environment,
natural resources, the health and safety of employees or the
public; and
d. Citizen suits authorized by any federal or state law; and
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e. All common law causes of action related to health, safety, natural
resources, and the environment.
B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL:
1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE
RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED
HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING
STRICT LIABILITY) AND
2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO
ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING
ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY).
C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND
ALL DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF
ACTION THAT ARISE FROM THE CONTRACTOR'S OPERATIONS UNDER
THIS AGREEMENT WHEN SUCH ARE CAUSED BY ANY ACT OR OMISSION
OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS, SUCCESSORS, OR ASSIGNS AND WHETHER
ARISING FROM NEGLIGENCE, INTENTIONAL TORT, VIOLATION OF A LAW
OR DUTY TRIGGERING STRICT LIABILITY, OR BY THE INFRINGEMENT OF
ANY PERSON'S PROPERTY, LEGAL, OR CONSTITUTIONAL RIGHT.
D. Express Negligence: SUBJECT ONLY TO THE LIMITATIONS PROVIDED BY
SECTION 2254.0031 OF THE TEXAS GOVERNMENT CODE, IT IS THE
INTENTION OF THE PARTIES THAT THE TERMS OF THIS INDEMNITY
AGREEMENT, INCLUDING THE GENERAL AND ENVIRONMENTAL
INDEMNITY PROVISIONS, SHALL APPLY EVEN IF SUCH INJURY, DEATH
OR PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT OR OTHER
FAULT OF THE CITY OF FORT WORTH OR ITS EMPLOYEES, AGENTS,
OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER
PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT
WORTH.
E. The obligations of the Contractor related to this general and environmental
indemnification shall include, but not be limited to, the burden and expense of
reimbursing the City for all fees and costs for defending all claims, suits, and
administrative proceedings, even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any
description, and paying and discharging, when and as the same become due,
any and all judgments, settlements, penalties or other sums due against such
indemnified persons.
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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.
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
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collected under the contract shall be included under the Automobile Liability
insurance or other policy(s).
6. Asbestos Abatement Insurance
$2,000,000 each occurrence with no Sunset Clause, if any abatement is to be
performed and prior to commencement of such work.
B. Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with the
Contract.
1. Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The-term City shall include its employees,
officers, officials, agents, and volunteers as respects the Contracted services. .
2. Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
4. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice shall be acceptable
in the event of non-payment of premium. Such terms shall be endorsed onto
Contractor's insurance policies. Notice shall be sent to Department of Financial
Management Services - Risk Management Division, City of Fort Worth, 200
Texas Street, Fort Worth, Texas 76102.
5. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
6. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
7. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
8. The City shall be entitled, upon its request and without incurring expense, to
review the Contractor's insurance policies including endorsements thereto and, at
the City's discretion; the Contractor may be required to provide proof of insurance
premium payments.
9. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
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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.
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.
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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
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
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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.
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.
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16.
MINORITY AND WOMAN BUSINESS ENTERPRISE
(M/WBE) PARTICIPATION
In accordance with City Ordinance No. 20020, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor acknowledges that no M/WBE goal has been established for this
Agreement. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Contractor may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not
less than three (3) years.
17.
PREVAILING WAGE RATES
Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with
respect to payment of Prevailing Wage Rates for public works contracts and Contractor
shall comply with the Davis—Bacon Act for building and construction trades, and shall
comply with the prevailing wage requirements as specified in the RFP for the project.
A worker employed on a public work by or on behalf of the City of Fort Worth shall be
paid not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the work is performed; and not less than the general
prevailing rate of per diem wages for legal holiday and overtime work. A worker is
employed on a public work if the worker is employed by a contractor or subcontractor in
the execution of a contract for the public work with the City of Fort Worth.
The contractor, who is awarded a public work contract, or a subcontractor of the
contractor, shall pay not less than the prevailing wage rates to a worker employed by it
in the execution of the contract. A contractor or subcontractor who violates this
requirement shall pay to the City of Fort Worth, $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the wage rates
stipulated in the contract.
This requirement does not prohibit the contractor or subcontractor from paying an
employee an amount greater than the prevailing wage rate.
18.
NON-DISCRIMINATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article III of the Code of the City of Fort Worth.
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national
origin, sexual orientation, transgender, gender identity or gender expression in any
manner involving employment, including the recruitment of applicants for employment,
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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
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.
Contract-Asbestos Removal from 3900 Barnett Page 14 of 22
HP Ecological Services, LLC dba HP EnviroVision.
22.
JURISDICTION AND VENUE
By executing this contract, the parties consent to the Jurisdiction of the State of Texas,
and Venue of any suit or cause of action under this contract shall lie in Tarrant County,
Texas or the federal courts therein.
23.
NOTICES
Any notices, bills, invoices or reports required by this contract shall be sufficient if sent
by the parties in the United States mail, postage paid, to the address noted below:
If to the City: Cody Whittenburg, Environmental Program Manager
Code Compliance Department, Environmental Management
Division
200 Texas Street
Fort Worth, TX 76102
If to the Contractor: HP Ecological Services, LLC dba HP EnviroVision
Attn: Thomas Palet- President
310 East Trinity Blvd. Suite #800
Grand Prairie, TX 75050
24.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract
without written consent of the City. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
25.
NO THIRD-PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
26.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
Contract-Asbestos Removal from 3900 Barnett Page 15 of 22
HP Ecological Services, LLC dba HP EnviroVision.
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.
Remainder of page is left blank intentionally.
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HP Ecological Services, LLC dba HP EnviroVision.
ATTACHMENT A
SCOPE OF WORK
Contractor will furnish all labor, materials and equipment necessary for the removal,
packaging, transportation, and disposal of asbestos-containing materials from the Fort
Worth Police Tactical Center (Former KXAS, Channel 5, Television Facility) 3900 Barnett,
Fort Worth, Texas.
Removal of Asbestos: The scope of work includes removal and disposal of the
asbestos-containing or asbestos-contaminated materials utilizing wet methods within
full, negative pressure containment equipped with HEPA ventilation from specified
areas of the building located at 3900 Barnett, Fort Worth, Texas. All removed materials
are to be disposed of as asbestos-containing material. All debris generated from
removal is to be disposed of as asbestos-containing waste.
All asbestos related activities must be performed at a minimum in strict adherence to the
Texas Asbestos Hazards and Protection Act, NESHAP, and Occupational Safety and
Health Administration (OSHA) rules and regulations.
All work performed under the contract shall be in strict adherence to all applicable
Federal, State and local rules and regulations.
The City will perform the following tasks under this contract:
• Provide Asbestos Assessment Reports and Asbestos Removal
Specifications;
• Provide site contact information;
• Provide site access;
• Provide Asbestos Consultant Agency to oversee work;
• File Texas Department of State Health Services (TDSHS) Asbestos
Notification;
• Pay applicable TDSHS asbestos notification fees;
• If the Provider provides its own personal sampling pumps and PCM
cassettes to the City's Asbestos Consultant, the City's Consultant will
perform the laboratory analysis of the PCM cassettes for OSHA
monitoring.
Contract-Asbestos Removal from 3900 Barnett Page 17 of 22
HP Ecological Services, LLC dba HP EnviroVision.
ASBESTOS ABATEMENT
TABLE 1-$90,975.00
Estimated Quantity of
Type of Asbestos-Containing Material Asbestos-Containing
Material
P x P Spline Ceiling(hole pattern) 9,000 SF
P x 1' Spline Ceiling(fissure pattern) 2,000 SF
1'x P Spline Ceiling(small pinhole pattern) 500 SF
Stair Tread w/brown non-ACM Mastic 1,000 SF
Stair Risers w/brown non-ACM Mastic 1,000 SF
P x P White Floor Tile w/brown Mottling and associated Black 9,000 SF
Mastic
9"x 9"Green Floor Tile w/associated Black Mastic 300 SF
9"x 9" and 1' x 1' Red Floor Tile w/associated Black Mastic 1,500 SF
beneath Carpet)
9"x 9"Tan Floor Tile w/associated Black Mastic 1,000 SF
Carpet and Mastic 4,500 SF
12"x12"white vinyl floor tile(random fissure 500 SF
pattern)with associated black mastic
Black Floor Tile Mastic 4,500 SF
Grey Window Caulk 3,300 LF
TABLE 2-$ 65,192.00
Estimated
Thermal System Insulation (TSI) Location Quantity
0-6.0"Domestic Cold Water Piping Mechanical Room 124 LF
East-217
0—6.0" Domestic Steam Piping Mechanical Room 6S LF
East-217
Fiberglass Sheet Insulation w/White Mastic Mechanical Room 2,900 SF
East-217
0-6.0" Domestic Cold Water Piping Mechanical Room 660 LF
West-230
Fiberglass Sheet Insulation w/White Mastic Mechanical Room 4,125 SF
West-230
0-6.0"TSI Fittings Mechanical Room 84 Fittings
East-217
0-6.0"TSI Fittings Mechanical Room 112 Fittings
West-230
Contract-Asbestos Removal from 3900 Barnett Page 18 of 22
HP Ecological Services, LLC dba HP EnviroVision.
TABLE 3A-$ 13,700
Thermal System Insulation (TSI) Estimated Quantity
0—6.0" Domestic Cold Water Piping 125 LF
0—6.0" Domestic Hot Water Piping 125 LF
6.1"—12.0" Chilled Water Piping 125 LF
6.1"—12.0"Steam Piping 125 LF
6.1"—12.0" Condensate Piping 125 LF
0—6.0"TSI Fittings 25 Fittings
6.1"—12.0"TSI Fittings 25 Fittings
TABLE 3B -$ 78,823*
Thermal System Insulation (TSI) Estimated Quantity
0—6.0" Domestic Cold Water Piping 1,295 LF
0—6.0" Domestic Hot Water Piping 1,295 LF
6.1"—12.0" Chilled Water Piping 1,250 LF
6.1"—12.0"Steam Piping 640 LF
6.1"—12.0" Condensate Piping 240 LF
0—6.0"TSI Fittings 142
6.1"—12.0" TSI Fittings 161
* COSTS AND ACTIVITIES FOR DESCRIBED WORK ABOVE IS NOT INCLUDED IN THIS INITIAL CONTRACT.
WILL BE SUBJECT TO CHANGE ORDER AT A LATER DATE POSSIBLY
Contract-Asbestos Removal from 3900 Barnett Page 19 of 22
HP Ecological Services, LLC dba HP EnviroVision.
ATTACHMENT B.
COMPENSATION SCHEDULE
THIS IS A FIXED-PRICE CONTRACT.
ALL ASBESTOS ABATEMENT QUANTITIES HEREIN ARE ESTIMATES FOR
ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE AMOUNT OF
ABATEMENT TO BE PERFORMED ON THE PROJECT AND ARE NOT TO BE
CONSTRUED AS A LIMITATION OR MAXIMUM ON THE AMOUNTS OF
ABATEMENT OR DEMOLITION REQUIRED TO BE PERFORMED BY
CONTRACTOR.
SITE/BUILDING CONDITIONS AND QUANTITIES IDENTIFIED IN CONTRACT ARE
ESTIMATED BY THE CITY AND/OR THE CITY'S CONSULTANT, AGENT, OR
DESIGNEE. THE CONTRACTOR IS RESPONSIBLE FOR CONDUCTING ITS OWN
DUE DILIGENCE AND FOR VERIFYING ALL CONDITIONS AND QUANTITIES PRIOR
TO EXECUTING THIS CONTRACT. CLAIMS FOR ADDITIONAL COMPENSATION
DUE TO VARIATIONS BETWEEN QUANTITIES OR CONDITIONS ACTUALLY
ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT
DOCUMENTS WILL NOT BE ALLOWED.
A. In consideration for the work performed by Contractor under this Contract,
City shall pay Contractor a total price not to exceed one hundred sixty-nine
thousand, eight hundred and sixty-seven dollars ($169,867.00) for the
completion of all work (Tables 1, 2, and 3A) specified in this contract.
B.
C. 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.
D. The parties agree that one hundred sixty-nine thousand, eight hundred
and sixty-seven dollars ($169,867.00) shall be the whole of compensation
for all of the services (as described in Tables 1, 2, and 3A) 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.
E. Quantities identified in the Competitive Sealed Proposal were estimated
quantities only. Prior to submitting a bid, as noted in the Competitive Sealed
Proposal, the Contractor was responsible for verifying all quantities upon
which the Contractor's bid was based. The Contractor was to rely exclusively
upon its own estimates, investigation, research, tests, and other data
Contract-Asbestos Removal from 3900 Barnett Page 20 of 22
HP Ecological Services, LLC dba HP EnviroVision.
necessary to supply the full and complete information upon which the
Contractor's bid was based. It is mutually agreed that submission of a bid is
prima-facie evidence that the Contractor has made all of the investigations,
examinations, and tests required to make a fully informed offer.
F. 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.
G. 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.
Contract-Asbestos Removal from 3900 Barnett Page 21 of 22
HP Ecological Services, LLC dba HP EnviroVision.
CONTRACT FOR REMOVAL, PACKAGING, TRANSPORTATION,
AND DISPOSAL OF ASBESTOS-CONTAINING MATERIALS
FORT WORTH POLICE TACTICAL CENTER
(FORMER KXAS CHANNEL 5 TELEVISION FACILITY)
3900 BARNETT LANE
FORT WORTH, TEXAS
ENV 17-05: FW TACT CTR
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH CONTRACTOR
HP Ecological S`a�, LC dba HP
Envir 'sion 1'
i
BY: T' B
Fernando C sta Th as Palet
Assistant City Manager President
Date Signed: _ /o/4Ji7
WITNESS: '
RECOMMENDED: ✓' `
dj��// MIKE IIVENG00D
Cody W n[[[buZZrg , SEAL: � � =Notary Public.State of Texas
a.' ;.' Comm.Expires 04-15-2020
Environmental Program Manager %% °; Notory ID 10498455
Code Compliance
APPROVED AS TO FORM ATTEST:
AND LEGALITY: O�FORT
:�
hrist opez-Rey olds r J. a se _
Senior Assistant City Attor y City Secre ars; / *•'
- Date:
CSC
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the monitoring and
administrati n of this contract, including ensuring all performance and reporting
require nts.
M&C:G���3(�
Roger Grantham OFFICIAL RECORD 1295: aoca
Environmental Supervisor
CITY SECRETARY
Contract-Asbestos Removal from 1 90F PAWN Page 22 of 22
HP Ecological Services, LLC dba Hlt'-Ei9�r>ra�/1
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA ��
REFERENCE ** 23CONTRACT FOR ENV
DATE: 9/12/2017 NO.: C-28368 LOG NAME: ASBESTOS ABATEMENT
POLICE TACTICAL CENTER
CODE: C TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Authorize Execution of a Contract with HP Ecological Services, LLC, dba HP
EnviroVision, for Removal of Asbestos-Containing Materials Located at the Fort Worth
Police Tactical Center for a Cost in the Amount of$169,867.00 (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with HP Ecological
Services, LLC, dba HP EnviroVision, for removal of asbestos-containing materials located at the Fort
Worth Police Tactical Center, located at 3900 Barnett Street, for a cost in the amount of$169,867.00.
DISCUSSION:
The City of Fort Worth works to mitigate or eliminate potential environmental hazards in and around
the community. Historically, Asbestos-Containing Materials (ACM) were commonly used in the
construction of many structures such as homes and office buildings. When structures owned by the
City of Fort Worth are improved, environmental management Staff in the Code Compliance
Department work to ensure compliance with federal/state regulations for abating any asbestos-
containing materials which need to be removed for appropriate disposal. Planned improvements to
the Fort Worth Police Tactical Center, located at 3900 Barnett Street, allowed for ACM at the facility
to be evaluated for removal and disposal prior to making improvements.
A Request for Proposal for the Removal of Asbestos-Containing Materials located at the Fort Worth
Police Tactical Center was advertised on March 3, 2017. Responsive submittals were received from
the following four firms on April 13, 2017:
1. Horsley Specialties
2. HP Ecological Services, LLC, dba HP EnviroVision
3. Intercon Environmental
4. Tasman Geosciences
The submittals from each of the four 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 (35 percent); (2) the prime contractor's proposed project team members and
their experience (30 percent); (3)the proposed project schedule (10 percent); (4) the proposed
M/WBE participation and plan (25 percent). HP Ecological Services, LLC, dba HP EnviroVision, 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: HP Ecological Services, LLC, dba HP EnviroVision, is in compliance with the City's
BDE Ordinance by committing to 10 percent MBE (Minority Business Enterprise) participation. The
City's MBE goal on this project is 10 percent.This contract provides services at Fort Worth Police
Tactical Center, located at 3900 Barnett Street in COUNCIL DISTRICT 8.
The contract services will be performed until all of the asbestos-containing or asbestos-contaminated
materials have been removed from specified areas of the building located at 3900 Barnett Street, Fort
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24979&councildate=9/12/2017 9/11/2017
M&C Review Page 2 of 2
T
Worth, Texas for disposal. As future improvements are made, additional areas in the structure may
require similar services. The Code Compliance Department has coordinated this project with Staff
from the Police Department and the Property Management Department.
The project will serve all patrons of the City of Fort Worth.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as
appropriated, within the Environmental Protection Capital Project Fund. Prior to an expense being
incurred, the participating department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget I 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 (6345)
Additional Information Contact: Cody Whittenburg (5455)
Elmer DePaula (7251)
ATTACHMENTS
Form 1295 signed.0
Project Location Map.pdf
http://apps.cfwnet.org/council packet/mc review.asp?ID=24979&councildate=9/12/2017 9/11/2017
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos.i-4 and a if there aro interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there we no Interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-241010
HP Ecological Services LLC dba HP EnviroVlsion
Grand Prairie,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form Is 07/25/2017
being filed. /A L
City of Fort Worth Date Acknowled :� `�' }l
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
ENV17-05:FW TACT CTR
Abatement of Asbestos containing material.
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Palet,Thomas Grand Prairie,TX United States X
5 Check only if there is NO-Interested Party. ❑
6 AFFIDAVIT I swear,or affkm,under penal of pe t the above disclosure is true and correct.
Os " SELENA PEREZ
•', my Notary 10 011318549
Expires December 27,2020
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn °and subscribed before me,by the said Thomas Palet ,phis the 17th day of AUgUSt
20_1/ to certify which,witness my hand and seal of office.
Selena Perez Project Coordinator
Ignature of otflcer a ministe ng oath Printed name of officer administering oath Tide of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883