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HomeMy WebLinkAboutContract 51205 CITY SECRETARY K,7 S CONTRACT NO. IF CT Between CITY OF FORT WORTH and INDUSTRIAL HYGIENE AND SAFETY TECHNOLOGY, INC For ASBESTOS, MOLD, AND INDUSTRIAL HYGIENE PROFESSIONAL CONSULTING AND ASSESSMENT SERVICES ENV 18-04: AMIHS CODE COMPLIANCE DEPARTMENT ENVIRONMENTAL QUALITY DIVISION AUGUST 2018 1p OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY SECRETARY j IS CONTRACT NO. STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Contract is entered into by and between the City of Fort Worth ("City"), a home-rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Valerie Washington, its duly authorized Assistant City Manager, and Industrial Hygiene and Safety Technology, Inc., an Texas corporation ("Contractor"), acting through Tracy K. Bramlett, its duly authorized President. City and Contractor may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH: That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 DEFINITIONS Air Monitoring means the collection of airborne samples for analysis of asbestos fibers. AIHA means the American Industrial Hygiene Association. Asbestos means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one (1%) percent or more of any of those substances. Asbestos abatement means the removal, the encapsulation or the enclosure of asbestos for the purpose of, that has the effect of, reducing or eliminating airborne concentrations of asbestos fibers or amounts of ACM. Asbestos abatement activity means asbestos abatement and any on-site preparations or clean-up related to the abatement. Asbestos-containing material (ACM) means materials or products that contain more than one percent (1%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart EI Appendix A. This means any one material component of a structure. OFFICIAL RECORD Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services PageC1ECRETARY Industrial Hygiene and Safety Technology, Inc. FT.WORTI#J TX Asbestos exposure means airborne asbestos fiber concentrations resulting from disturbance or deterioration of asbestos or asbestos containing material (ACM). Asbestos-related activity means the disturbance (whether intentional or unintentional), removal, encapsulation, or enclosure of asbestos, including preparations or final clearance, the performance of asbestos surveys, the development of management plans and response actions, asbestos project design, the collection or analysis of asbestos samples, monitoring for airborne asbestos, bidding for a contract for any of these activities, or any other activity required to be licensed under the Texas Asbestos Health Protection Act. Asbestos removal means any action that dislodges, strips, or otherwise takes away asbestos containing material (ACM). City means the City of Fort Worth. Change Order means an officially authorized and executed written amendment to this contract or to a Task Order, issued by the City. Containment means a portion of the regulated area that has been sealed and placed under negative air pressure with high efficiency particulate air-filter (HEPA) filtered negative air machines. Contract Documents means this Contract; Invitation to Bid; Request for Proposals; Request for Qualifications; the Contractor's response to the Request for Proposal/Qualifications or Invitation to Bid; Bid Documents; attachments, pre- bid amendments, and appendices to the Request for Proposal/Qualifications or Invitation to Bid; Contract Attachments, Amendments, and Modifications, and all ancillary documents submitted with the Contractor's response to the Request for Proposal/Qualifications or to the Invitation to Bid or to the Contract. Contractor means Industrial Hygiene and Safety Technology, Inc. Deliverable Document means a report, photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. Encapsulation means a method of control of asbestos fibers in which the surface of asbestos containing material (ACM) is penetrated by or covered with a liquid coating prepared for that purpose. Enclosure means the construction of an airtight, impermeable, semi-permanent barrier surrounding asbestos to prevent the release of asbestos fibers into the air. Friable material means materials that when dry can be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously non-friable Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 2 of 23 Industrial Hygiene and Safety Technology, Inc. material after such previously non-friable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure. HEPA means a high-efficiency particulate air filter, capable of trapping and retaining 99.97% of mono-dispersed airborne particles 0.3 micron or larger in diameter. NESHAP means the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61. NIOSH means the National Institute of Occupational Safety and Health. Notice to Proceed means the official letter issued by the City, pursuant to the Code of the City of Fort Worth and City ordinances and policies that authorizes Contractor to begin work. NVLAP means the National Voluntary Laboratory Accreditation Program. Operations and Maintenance (O&M) means operations and maintenance activities that are restricted to small-scale, short-duration work practices and engineering controls for tasks that result in the disturbance, dislodgment, or removal of asbestos in the course of performing repairs, maintenance, renovation, installation, replacement, or cleanup operations (Title 29 CFR, Sec. 1926.58, Appendix G titled 'Work Practices and Engineering Controls for Small- Scale, Short-Duration Asbestos Renovation and Maintenance Activities"). OSHA means the Occupational Safety and Health Administration of the United States Department of Labor. OSHA regulations means those regulations found in 29 Code of Federal Regulations. Regulated area means the demarcated area in which asbestos abatement activity takes place, and in which the possibility of exceeding the permissible exposure limits (PEL) for the concentrations of airborne asbestos exists. 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. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 3 of 23 Industrial Hygiene and Safety Technology, Inc. ARTICLE 2 SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A" and referenced in Attachment "C" — Request for Qualifications. This contract is to provide the City of Fort Worth with services during the term of the agreement. There is no guarantee of work granted by this contract and nothing in this contract is to be construed as an exclusive agreement with the contractor to provide the City with services of this type, or as an agreement by the City to guarantee the Contractor any specific projects or quantities of work. THERE IS NO MINIMUM GUARANTEE OF ANY WORK UNDER THIS CONTRACT. ARTICLE 3 COMPENSATION Section 1 Fee Schedule 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 Fee 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". However the total fee paid by the City shall not exceed a total of one hundred thirty thousand dollars ($130,000) and the City will not be liable for any Contractor fees, costs, or other remuneration in excess of this amount unless the City has signed and issued a formal modification to this contract. Section 2 Task Orders City will issue a Task Order to Contractor that details the work to be performed by the Contractor. Task Orders will include at a minimum a unique Task Order Number, project address, scope of work, date to commence work, time period to complete work and the not to exceed payment amount for the task. 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, nor pay compensation in excess of the amount stated on the Task Order. Contractor shall not be compensated for any work that is verbally Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 4 of 23 Industrial Hygiene and Safety Technology, Inc. ordered by any person and shall rely only upon written authorization to conduct work. Section 3 Invoice and Payment The Contractor shall provide monthly invoices to the City. All invoices must reflect the City Task Order number. Invoices 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. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt 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. The Contractor shall also provide the City with quarterly updates showing the total and itemized costs incurred to the City for each task ordered and the amount remaining in the contract not-to-exceed amount. Contractor shall receive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the Contractor are caused by the City's gross negligence. The Contractor shall pay any subcontractor within thirty (30) days of the uncontested performance of the particular services so ordered and receipt of subcontractor'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. ARTICLE 4 TERM Unless terminated pursuant to the terms herein, this contract shall commence on the date the contract is fully executed by all parties unless otherwise stipulated in the Notice of Award Letter, and contingent upon the completion and submittal of all required pre-award documents; and shall continue for a period of twelve (12) months. However the term of this contract may be extended by the duly authorized written agreement for up to four (4) additional twelve (12) month periods for a total of sixty (60) months. The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term. For subsequent renewals all conditions, terms, and pricing shall remain the same as Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 5 of 23 Industrial Hygiene and Safety Technology, Inc. stated in the original contract unless otherwise agreed upon in writing by both parties. ARTICLE 5 INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. ARTICLE 6 PROFESSIONAL COMPETENCE AND LEGAL COMPLIANCE Work performed by Contractor shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approvals issued by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of Contractor or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Contractor shall perform and warrant that all work and work products shall conform to that degree of skill, care, quality, and diligence as provided by other highly competent practitioners of the same discipline in the state of Texas, under similar circumstances, and taking into consideration the contemporary state of the art. ARTICLE 7 INTELLECTUAL PROPERTY Section 1 Rights in Data The City shall have unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 6 of 23 Industrial Hygiene and Safety Technology, Inc. Section 2 Intellectual Property Rights and Ownership All work product developed by Contractor under this contract shall be the sole property of the City and the City shall have unlimited rights in such work product. All work product developed by Contractor under this contract shall be considered "work for hire" and rights, title, and interests to all intellectual property shall vest in the City. Contactor affirmatively, by executing this contract, disclaims all such intellectual property interests in favor of the City. In the event that any rights, title, or interest shall by operation of law or otherwise fail to vest in the City or become void or voidable, Contractor shall a) transfer all rights, title, and interest to intellectual property to the City; or alternatively and at the discretion of the City the Contractor shall b) grant an unlimited and exclusive license for publication, sale, reproduction, or use by the City and its authorized sublicensees of all intellectual property developed under this contract. Contractor agrees to timely execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State's ownership, license, or other rights to any work product. Contractor shall not use, sell, transfer, or authorize a third party to use any work product, copyrights, trademarks, or other intellectual property (or derivatives thereof) of the work product developed under this contract without the express written consent of the City. ARTICLE 8 INDEMNIFICATION Section 1 Definitions In this paragraph, the following words and phrases shall be defined as follows: Environmental Damages shall mean all costs, expenses, claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of negligence, an intentional tort, or the violation of any environmental requirements as defined herein pertaining to work performed under this contract or by the operations of the Contractor and Subcontractors, and including without limitation: Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 7 of 23 Industrial Hygiene and Safety Technology, Inc. a. Damages for personal injury and death or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories, investigation, or remediation for any violation of environmental requirements as defined herein including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements shall mean: a. all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: b. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and c. All requirements pertaining to the protection of the health and safety of employees or the public; and d. The standard of care exercised by highly competent practitioners of the same discipline in the state of Texas, under similar circumstances, and Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 8 of 23 Industrial Hygiene and Safety Technology, Inc. taking into consideration the contemporary state of the art, who are engaged in the provision of services contemplated by this contract. Section 2 THE CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL LIABILITY FOR ANY DAMAGE CAUSED BY OR RESULTING FROM ANY ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER, WHICH IS COMMITTED BY THE CONTRACTOR OR CONTRACTOR'S AGENT, EMPLOYEE, OR SUBCONTRACTOR. Section 3 General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 4 Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH DAMAGES ARE CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 5 The obligations of the Contractor under this Article shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 9 of 23 Industrial Hygiene and Safety Technology, Inc. if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, the parties shall provide the other with timely notice of same. The obligations of the Contractor under this Article shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 9 INSURANCE AND BONDS Section 1 Contractor shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance. Contractor shall also at all times maintain the same limits of coverage, in all policies listed herein, for any and all subcontractors for work performed pursuant to this contract. A. Insurance coverage and limits: 1. Commercial General Liability Insurance $5,000,000 each occurrence; $5,000,000 aggregate 2. Professional Liability Insurance $1,000,000 each claim; $2,000,000 aggregate Professional Liability Insurance shall be written on a project specific basis. The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five (5) years following completion of the contract (Tail Coverage). An annual certificate of insurance shall be submitted to the City for each year following completion of this contract. 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 Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 10 of 23 Industrial Hygiene and Safety Technology, Inc. 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 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 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 Risk Management, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 11 of 23 Industrial Hygiene and Safety Technology, Inc. a. 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. b. 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. c. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. d. 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. e. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. f. 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. g. All insurance required above shall be written on an occurrence basis in order to be approved by the City. h. Subcontractors to the Contractor shall be covered by the Contractor's policy. ARTICLE 10 LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 12 of 23 Industrial Hygiene and Safety Technology, Inc. ARTICLE 11 TRANSFER OR ASSIGNMENT City and Contractor each bind themselves, and their lawful successors and assigns, to this Agreement. Contractor has been engaged as a consequence of Contractor's specific and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the City. Contractor, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. ARTICLE 12 RIGHT TO AUDIT (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting contractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Contractor and any subcontractor reasonable advance notice of intended audit. (c) Contractor and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 13 of 23 Industrial Hygiene and Safety Technology, Inc. ARTICLE 13 MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor agrees to a minimum M/WBE participation of 10% in accordance with its proposal and the aforementioned ordinance. Contractor acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. 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. ARTICLE 14 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. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 14 of 23 Industrial Hygiene and Safety Technology, Inc. ARTICLE 15 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 which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea 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 or its employees. ARTICLE 16 DEFAULT 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 deems appropriate. If the City exceeds the costs detailed herein or in the Task Order, City may deliver to Contractor a written itemized statement of the excess costs and Contractor shall reimburse the City for such excess costs without delay. If at any time during the terms of this contract, the work of the Contractor fails to meet the specifications of the Contract Documents or to meet the standards of duty, care, or proficiency of a reasonable and competent Contractor, City may notify the Contractor of the deficiency in writing. Failure of the Contractor to correct such deficiency and complete the work required under this contract or a Task Order to the satisfaction of the City within the time specified by the City in the notice or ten (10) days after written notice, whichever is less, shall constitute default, and shall result in termination of this contract. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. ARTICLE 17 TERMINATION City may terminate this contract without cause by giving thirty (30) days written notice to Contractor. In the event of termination, any work in progress will continue Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 15 of 23 Industrial Hygiene and Safety Technology, Inc. to completion unless otherwise specified in the notice of termination. If the City terminates this contract under this provision, City shall pay Contractor for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the City may have. All data and completed or partially completed documents prepared under this contract shall be promptly turned over to the City upon termination of this contract. ARTICLE 18 VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 19 CONTRACT CONSTRUCTION This contract incorporates by reference all contract documents, which shall be binding upon the parties as if included herein. In the event of a discrepancy, this contract shall control over the other contract documents. 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. ARTICLE 20 HEADINGS 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. ARTICLE 21 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 16 of 23 Industrial Hygiene and Safety Technology, Inc. ARTICLE 22 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 23 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. All costs and attorneys fees incurred by the City in the enforcement of any provision of this contract shall be paid by the Contractor. The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this contract and by law. ARTICLE 24 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: If to the City: City of Fort Worth Code — Environmental Quality Division Attn: Cody Whittenburg Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 17 of 23 Industrial Hygiene and Safety Technology, Inc. 200 Texas Street Fort Worth, Texas 76102-6311 If to the Contractor: Industrial Hygiene and Safety Technology, Inc. Tracy K. Bramlett, President 2235 Keller Way Carrollton, Texas 75006 ARTICLE 25 WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by the work contemplated by 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. ARTICLE 26 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. ARTICLE 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 this contract and any other contract documents, then the terms of this contract shall govern. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 18 of 23 Industrial Hygiene and Safety Technology, Inc. ATTACHMENT A SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary perform asbestos, mold, and industrial hygiene consultant services which include, but are not limited to, the assessment of public facilities for the presence of asbestos containing material, the development of removal specifications for asbestos containing and contaminated material, development of asbestos management plans, the management and monitoring of asbestos abatement jobs, the review of City owned facilities for the presence of indoor air contaminants and other duties as assigned. These professional services for industrial hygiene and asbestos consultant services shall be performed on an as-needed basis. There is no minimum guarantee of any work under this Contract. Specifically, Provider shall perform the following services including: Asbestos Consultant Services including but not limited to: ■ Assessment of public facilities for the presence of asbestos-containing material ■ Development of removal specifications for asbestos-containing and contaminated material ■ Development of asbestos management plans ■ Management and monitoring of asbestos abatement jobs ■ Air Monitoring for asbestos abatement ■ OSHA Air Monitoring for asbestos abatement contractor ■ Training ■ Asbestos Sample Analysis Industrial Hygiene Consultant Services including but not limited to: ■ Assessment of city facilities for the presence of indoor environmental issues ■ OSHA type assessments for potential worker exposure issues ■ Noise level assessments of city facilities ■ Training Mold Consulting Services including but no limited to: ■ Assessment of public facilities for the presence of mold ■ Development of removal specifications for mold and mold contaminated material ■ Development of mold management plans ■ Management and monitoring of mold abatement jobs ■ Training Other related duties as ordered by the City. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 19 of 23 Industrial Hygiene and Safety Technology, Inc. ATTACHMENT B FEE SCHEDULE Compensation to be paid shall be in accordance with the tables below. The total fee paid by the City shall not exceed a total of one hundred thirty thousand dollars ($130,000). There is no guarantee of any minimum amount of work to be authorized by the city under this contract. Personnel Charges Industrial Hygiene and Safety Technology, Inc. will perform services pursuant to this agreement on a time and materials basis. The hourly fee for personnel is shown in the table below. The indicated hourly rates are fully inclusive of all labor costs allowable under this contract and include direct and indirect employee costs including but not limited to insurance, vacation, holidays, worker compensation, taxes, other employee costs, and profit and overhead. Labor Rates Job Description Rate • Certified Industrial Hygienist(CIH) $120.00/HR • licensed Asbestos Consultant $120.00/HR • Senior Industrial Hygienist $115.00/HR • Licensed Mold Assessment Consultant $100.00/HR • Industrial Hygienist $105.00/HR • Licensed Asbestos Inspector' $65.00/HR • Licensed Air Monitoring Technician and Project Manager' $65.00/HR • Auto Cad Technician $55.00/HR • Administrative Assistant $45.00/HR Notes: All Rates are portal to portal. 1 Hourly Rate includes cost for all PPE,sampling media,sampling equipment and other standard job materials and supplies.Hourly rates do not include cost of off-site laboratory analysis of samples. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 20 of 23 Industrial Hygiene and Safety Technology, Inc. Other Direct Costs The City will be invoiced for other direct costs (ODCs) accrued in connection with authorized work assignments at actual incurred cost plus ten (10) percent. These costs shall include, but not be limited to transportation and living expenses, communication expense (telephone, postage, express delivery services, etc.), and printing and reproduction expenses. Invoices and receipts for ODCs shall be retained and copies provided upon the request of the City. Laboratory Analysis Fees and Other Miscellaneous and Direct Costs are listed in the table below. Laboratory Analysis Fees Air Samples 3-6 hr 24 hr 3 day Mold Analysis:Standard Spore Trap(} $71.50 $27.50 $25.30 Mold Analysis:Expanded Spore Trap{') $82.50 $38.50 $35.20 Asbestos:PCM NIOSH 7400(1) $38.50 $16.50 $13.20 Asbestos:TEM111 $143.00 $93.50 N/A Other Air samples(IH/IAQ) Costs vary with analyte,lab,turnaround time:Cost+10% Asbestos Bulk Samples 3-6 hr 24 hr 3 day Asbestos Bulk Samples:PLM111 $22.00 $11.00 $8.80 Asbestos Bulk Samples:TEM{11 N/A $77.00 $49.50 (11 Sample analysis cost includes markup of 10% Other Miscellaneous and Direct Costs Description Rate Equipment rented from a third party. Cost+10% Slipping/Delivery Fees Cost+10% Training Materials Cost+10% Report Package Reproduction Costs Cost+10% Vehicle Mileage Charge $055/mile Travel Expenses outside DFw Metroplex Cost+10% Per Diem _ Y_—_�—~------ -- $35.00/day Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 21 of 23 Industrial Hygiene and Safety Technology, Inc. Travel Costs Travel costs will not be performed or compensated with project-specific prior written authorization of the City. Subcontractors Subcontractors will be invoiced at cost plus ten (10) percent. These costs include laboratory analyses and other specialty service companies. Subcontractor invoices shall be retained and copies provided upon the request of the City. Invoicing Invoices are issued monthly and payable in accordance with the terms of this contract. Industrial Hygiene and Safety Technology, Inc. invoices list total hours, billing rate, total personnel charges, travel and living expenses, and other applicable costs as specified in this contract. Remainder of page is left blank intentionally. Contract—Asbestos, Mold, and Industrial Hygiene Consultant Services Page 22 of 23 Industrial Hygiene and Safety Technology, Inc. SIGNATURE PAGE 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 Industrial Hygiene and Safety Technology, Inc. BY: BY: " &...' Valerie Washington Tracy K. Bramleit Assistant City Manager President Date: A(571'V APPROVED AS TO FORM WITNESS: AND LEGALITY: Christ opez-Re olds Seninr A-,SiGtant City Attorney Cody IVYYVhittenbur6 Environ ental Program Man OF P0 TE G ` ;� CORPORATE SEAL: a J. Kayser �y &C: C City Secretaryp / :qs Date: ! I 1295:_ 'R-q-1 s' CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting reqgeats. _ CSC# Roger Grantham Environmental Supervisor OFFICIAL RECORD CITY SECRETARY Contract-Asbestos, Mold, and Industrial Hygiene Consultant Services agW2 io TX Industrial Hygiene and Safety Technology, Inc. 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 behalf of the City of Fort Worth. CONTRACTOR IHST, Inc. Y By: ,L Name: �✓o. caw ✓GM(CTT Title: —P✓C,51 c W f— Date: g Ct I STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on is day personally appeared Gi C a w 1 P , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of IHST, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. p Given Under My Hand and Seal of Office this�day of ��S+ , 20 O . Notary Public in and for the Stat" of Texas .a""""a, WENDI FAHNESS REALZOLA �i°r' NbLNotary Public,State of Texas ?+; !3 Comm. Expires 06-22-2020 �y�hoi Notary ID 129031910 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX . . VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. Bidder: IHST, Inc. bi(aryqle_� By: (Please Print) Y,m, �, Signature pvcsicl en4- Title (Please Print) OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F�H COUNCIL ACTION: Approved on 8/7/2018 DATE: 8/7/2018 REFERENCE NO.: **C-28774 LOG NAME: 23AMIHS 2018 CONTRACT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Professional Services Contract with Industrial Hygiene and Safety Technology, Inc., in an Amount Not to Exceed $130,000.00 per Contract Year for Asbestos, Mold, and Industrial Hygiene Assessment Services (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that City Council authorize the execution of a professional services contract with Industrial Hygiene and Safety Technology, Inc., for asbestos, mold, and industrial hygiene assessment services not to exceed an amount of$130,000.00 per contract year, for a term of one year with the option to renew for four additional one year terms. DISCUSSION: The Code Compliance Department, Environmental Quality Division contracts for professional services for the provision of asbestos, mold, and industrial hygiene assessment services that are provided on an as-needed basis. These services are primarily used for city buildings requiring oversight of asbestos removal and where indoor air quality or mold is being evaluated. A Request for Qualifications (RFQ)for asbestos, mold, and industrial hygiene assessment services was posted on the City's Purchasing website on March 15, 2018 and advertised in the Fort Worth Star-Telegram on March 21, 2018, March 28, 2018 and April 4, 2018, and April 11, 2018. The Statements of Qualifications were received on April 26, 2018. Staff first reviewed the Statements of Qualifications received and selected Industrial Hygiene and Safety Technology, Inc., based on demonstrated competence and qualifications to perform the services. Staff then reviewed the sealed cost proposal and determined the prices submitted to be fair and reasonable. Staff recommends award of the contract to Industrial Hygiene and Safety Technology, Inc. The contract term will be for one year, with four successive, one-year options to renew. Renewal options may be effected by the City Manager or his designated representative to the contractor within 30 days of the expiration of the prior term and does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. M/WBE OFFICE - Industrial Hygiene and Safety Technology, Inc., is in compliance with the City's MBE Ordinance by committing to ten percent(10%) MBE (African American) participation on this project. The City's goal on this project is ten percent(10%). FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the participating department and that prior to an expenditure being made, the Department has the responsibility to validate the availability of funds. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26041&councildate=8/7/2018 8/22/2018 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget-F Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Brandon Bennett(6345) Additional Information Contact: Cody Whittenburg (5455) ATTACHMENTS IHST 1295 2018.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26041&councildate=8/7/2018 8/22/2018 0 - �4,n--M CERTIFICATE OF INTERESTED PARTIES FORM 1293 loll Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-366381 Industrial Hygiene and Safety Technology, Inc. Carrollton,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 06/11/2018 being filed. The City of Fort Worth,Texas Date Acknow k• Z 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. ENV 18-04—AMIHS RFQ PROFESSIONAL SERVICES CONTRACT FOR ASBESTOS,MOLD,AND INDUSTRIAL HYGIENE CONSULTING SERVICES Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Johnson,Derrick Flower Mound,TX United States X Bramlett,Tracy Lewisville,TX United States X Bramlett,Dana Lewisville,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Dana Bramlett and my date of birth is 9/71963 My address is 933 Royal Minister Boulevard Lewisville TX75Q56 —. 0 SA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dab$ County, State of Texas ,on the 11 th day of June ,20 18 (month) (year) Signature of authorized agent of contracting business (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 DATE(MM/DD/YYYY) '4�" CERTIFICATE OF LIABILITY INSURANCE 7/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Angela Barron FAX TEI Insurance Agency, Inc. WN.,Ex (800)727-7124 AIC No):(972)288-2608 P. 0. Box 850746 E-MAIL ADDRESS:_ INSURER S( )AFFORDING COVERAGE A1C# Mesquite TX 75185—_0746 _ INSURER A:Westchest er Surplus Lines Insurance 10172 INSURED INSURER B:Travelers Casualty Ins. Co. 19046 _ Industrial Hygiene Safety INSURER C:Texas Mutual Ins. Co. 22945 Technology, Inc. INSURER D: 2235 Keller Way INSURER E: Carrollton TX 75006 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1641902134 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. IN ADDL SUBR T POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED A CLAIMS-MADE FX] OCCUR PREMISES Ea occurrence) $ 50,000 ,r X Y G27975094 003 4/20/2018 4/20/2019 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 5,000,000 �GEJECT N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X7 POLICY PRO F7 LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ AUTOMOBILE LIABILITY CEa OMBaccidentINED SINGLE LIMIT $ 1� �000 000 I X ANY AUTO BODILY INJURY(Per person) $ B X AOLL OWNED (X SCHED UTOS AU70SULED X Y pA_7410H270-17 7/28/2018 7/28/2019 BODILY INJURY(Per accident) $ X HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE_ $ _ � EXCESS LIAB CLAIMS-MADE I AGGREGATE $ -t;T 1 RETENTION $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY YINN j X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1 000,000 C OFFICER/MEMBER EXCLUDED? N/A(Mandatory in in NH) y 0001093070 i 11/19/2017 11/19/2018 E.L DISEASE-EA EMPLOYE $ 1,000,000. If yyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability 627975094 003 4/20/2018 1 4/20/2019Per Occurrence $5,000,000 A I Pollution Liability 627975094 003 4/20/2018 14/20/2019 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ( 101,Additional Remarks Schedule,may be attached if more space is required) See attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth, TX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Bret Jones/ASB ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Named Insured Endorsement Number Industrial Hygiene and Safety Technology, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G27975094 003 04/20/2018 to 04/20/2019 04/20/2018 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT-OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appe ars above, information requi red to complete this endorsement will be shown in the Decl arations as applicable to this endorsement.) SECTION 11 -WHO IS AN INSURED is amended to include: A. SECTION 11 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV-3101 (08-04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 Named Insured Endorsement Number Industrial Hygiene and Safety Technology, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G27975094 003 04/20/2018 to 04/20/2019 04/20/2018 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143(03-05) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION If—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION 1V — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: 11 property damage' occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II, related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION If — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 0 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 1-1-1nc rnnvrinhfnrl rn olorial„F Incnra C-1—nfrrn 1..,- ­;Ik;­.......,t­,,,r, COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- 2. The following Prowed from your"employee". SECTION II —COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph AA.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- AGE: E. TRAILERS—INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- We will pay up to $5o per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. 'Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph CA.b. of SECTION 111 — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION 111 — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 0 2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Inrhvioc rnnvrinhfarl mWorial of Inn,rnnro Cnnrirec r)frirn Inr wilh h.nnrer.icrinn COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered auto"you own that in- and tear or high mileage; Hate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The followingis added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: A 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto": organization designated in such contract. and CA T4 20 02 15 0 2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 1nr6idac rnmrinhterl material of Ineiirnnro l-arUir'ae f)fSrn 1— u411,it.nnrmireinn TeX,qSMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 11/19/17 at 12:01 a.m.standard time,forms a part of. Policy no.0001093070 of Texas Mutual Insurance Company effective on 11/19/17 Issued to: INDUSTRIAL HYGIENE&SAFETY TECHNOLOGY 44*,Z This is not a bill Authorized representative NCCI Carrier Code: 29939 11/14/17 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B