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Contract 33671
CITY SECRETARY CONTRACT NO. CONTRACT Between CITY OF FORT WORTH and INTERCON ENVIRONMENTAL, INC For Underground/Aboveground Storage Tank Removal & Asphalt Emulsion Disposal Former Harley Service Center 3409 Harley Avenue Fort Worth, Texas Environmental Management Department June 2006 py5p ;tjy,r,, �� IIiS/+Ua E i I ,amok f STATE OF TEXAS CITY OF FORT WORTH COUNTY OF TARRANT I CONTRACT FOR REMOVAL OF ABOVEGROUND AND UNDERGROUND STORAGE TANKS AT THE FORMER HARLEY SERVICE CENTER I This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant County, Texas, ("City"), acting through Libby Watson, a its duly authorized assistant city manager, and Intercon Environmental, Inc. a Texas corporation, acting through Karen Andrews, its duly authorized preside nt/vice-president ("Contractor"). i WHEREAS, the City desires to conduct a project for the removal of three (3) underground petroleum storage tanks and one (1) underground liquid propane tank and ! associated piping, vent lines and dispensers from the former Harley Service Center located at 3409 Harley, Fort Worth, Texas; and i WHEREAS, the City desires to conduct a project for the decommissioning, removal and disposal of three (3) aboveground asphalt emulsion tanks and associated contents from j the former Harley Service Center located at 3409 Harley, Fort Worth, Texas; and WHEREAS, the City desires to hire a professional firn,I knowledgeable and experienced in conducting such work described herein; and _ WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such work as described'ih the City's' Invitation to Bid Project: DEM 06- ? 02:HSC. 1 WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this Contract, the following words and phrases shall be defined as follows; i City's Representative means the Director of Environmental Management, or the Director's designee. I look I 06-27-06 P02:._26 IN i i i Contract shall mean this document, and the Contractor's Response to the Invitation attached as exhibit"B° and all ancillary documents. r Contractor shall mean lntercon Environmental, Inc Director shall mean the Director of the City of Fort Worth's Environmental Management Department_ j i Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work It also authorizes future invoices to be paid. Invitation means the City's Invitation to Bid Project DEM06-02:HSC, Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract, Substantial Completion means the date when the removal is sufficiently completed in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy the project or specified area of the project for the use for which it was intended. { 2. SCOPE OF CONTRACTOR'S SERVICES r The scope of work shall include the removal of three (3) underground petroleum storage tanks and one (1) underground liquid propane tank and associated piping, vent lines and dispensers; and the decommissioning, removal and disposal of three (3) aboveground asphalt emulsion tanks and associated contents from that certain structure known as the former Harley Service Center located at 3409 Harley, Fort Worth, Texas as listed in Section 2.4.4 through 2 4.7, of the Scope of Work in the f Invitation and fully incorporated herein as attachment A.. A. Contractor shall perform all work included in the scope of Contractor's services in accordance with all Federal, State and local rules and regulations.. B.. Contractor shall furnish all tools, labor, equipment and permits necessary to fully complete the work identified in the bid documents. C. Prior to commencement of any work under this Contract, Contractor shall obtain from the City a written notice to proceed.. Contract for Storage Tank Removal CRL06,21.06v2 Page 2 j HSC Ago%, s r i i i D. Upon completion of the work, Contractor shall obtain a final inspection from the City.. E.. Contractor shall protect the work site as necessary with barriers, lights, safeguards or warnings_ i F. Contractor shall furnish completed manifests and certificates of destruction, in accordance with state and federal regulations, for all waste materials originating from the project site. G. Contractor shall perform, in a good and professional manner, the services contained in this Contract. 3. SCOPE OF CITY SERVICES ' A City shall coordinate with facilities, City departments, and any tenants for access to the site. B. City shall give timely direction to the Contractor. i C. City shall render decisions regarding modifications to the Contract and any other ` .�. issue. i 4. TIME TO START AND TO COMPLETE THE PROJECT I Contractor shall begin work upon receipt of the Notice to Proceed issued to Contractor by City and Contractor shall complete all phases of the work within fifteen (15) days from the date of commencement. Contractor shall provide the City with a project schedule as described in Section 2.5 of the Invitation within twenty-four(24) hours upon receipt of the Notice to Proceed. 5. COMPENSATION i A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a sum not to exceed $188, 781.00, The City shall not be liable for any of Contractor's costs in excess of the Not-to-Exceed Amount unless the City has signed and issued a formal Modification to the Contract. Contract for Storage Tank Removal CRL06..21..06v2 Page 3 HSC i t i I E I i B. The unit prices for the work described herein, as well as the employee labor rates shall be as described in Contractor Response to the Invitation, attached herein as attachment"B". C. Contractor understands and agrees that claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed unless the Contractor can clearly show to City, as determined in the sole discretion of City, why the variation was not identifiable prior to executing this Contract. D. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, except as provided in Section 7 "indemnification," subsection H E. Contractor acknowledges that payment will not be rendered by City unless Contractor completes the work as described herein and the work is accepted by the Director. i F. Periodically during the performance of this Contract, the Contractor's Project j Manager shall inform the City's representatives of his/her best estimate of the ' expenses incurred to that time. In the event that the estimate approximates the t Not-to-Exceed Amount, Contractor shall prepare to cease its operations unless and until the Contract is amended and an authorized representative of the City directs Contractor to perform additional work. i G. Contractor shall receive no compensation for delays or hindrances to the work, 1 except when direct and unavoidable extra' cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement thereof shall be presented to the City.. H. In the event that actual expenditures may result in a total cost in excess of the Not-to-Exceed Amount, Contractor must submit. a Modification to the Contract in accordance with Section 24. 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. Contract for Storage Tank Removal CRL06..21.06v2 Page 4 HSC d� t i i i A. Commercial General Liability Insurance - $1,000,000 each occurrence; j $2,000,000 aggregate. B. Automobile Liability Insurance— Coverage on vehicles involved in the work performed under this Contract: a) $1,000,000 per accident on a combined single limit basis or: $500,000 Bodily injury/person $500,000 Bodily injury/accident $250,000 Property damage b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000 Bodily Injury each accident; $15,000 Property Damage each accident.. The named insured and employees of Provider shall be covered under this j policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear, Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. i C. Worker's Compensation— j Statutory limits for Worker's Compensation plus .M. Employer's liability at a minimum: I $100,000 each accident; j $100,000 disease- policy limit; and $500,000 disease - each employee.. I D.. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shallbe included under the Automobile Liability insurance or other policy(s). E. The following shall pertain to all applicable policies of insurance (A. through D..) listed above: 1.. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." The additional insured requirement does not apply to Workers' Compensation policies. Contract for Storage Tank Removal CRL06.21..06v2 Page 5 NSC i r r i i I I i 2.. Subcontractors shall be covered under the Provider's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Provider prior to the commencement of work and the Provider shall deliver such to the City.. 3. Prior to commencing work under this Contract,the Provider shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance j required and terms and clauses required. 4, Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) Days prior written notice has been given i to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Provider or insurance company.. 5.. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M Best Key Rating Guide or have j reasonably equivalent financial strength and. solvency to the satisfaction of Risk Management. if the rating is below that required, written approval of Risk j Management is required. •� 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City j of Fort Worth in regards to asset value and stockholders equity In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. I, 7. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 8. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Provider. 9. If insurance policies are not written for specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 10, Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the j retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years Contract for Storage Tank Removal CRL06..2106v2 Page 6 HSC i {3 3 i �^ E i following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer.. An annual certificate of insurance I submitted to the City shall evidence such insurance coverage. 11. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limitstobe increased or changes in policy categories or , types of coverage, the City shall provide written notice to the contracting party. i The contracting party will have ninety days from the date of notice to comply with the additional requirements, i 7. 1 INDEMNIFICATION i A. For purposes of this Contract, the following words and phrases shall be defined as follows: 1 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, ! whether or not such claim is ultimately defeated, and of any good faith ' settlement or judgment, of whatever kind or nature, contingent or I 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 removal of underground petroleum storage tanks and underground liquid propane tanks and associated piping, vent lines and dispensers; and the decommissioning, removal and disposal of aboveground asphalt emulsion tanks and associated contents pursuant to this Contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: a.. Damages for personal injury and death, or injury to property or natural resources; b.. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, Contract for Storage Tank Removal CRL06.21.06v2 Page 7 HSC � II 1 f i I I containment, closure, restoration or monitoring work required by r any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with this C Agreement. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to .�. reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, 1 treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public.. i B. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR j DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR f DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF I THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, } Contract for Storage Tank Removal CRL06..21..064 Page 8 HSC I► � t i i �►• I i AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF } CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY i OTHER PERSON OR ENTITY. C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY i RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE REMOVAL OF UNDERGROUND PETROLEUM STORAGE TANKS AND UNDERGROUND LIQUID PROPANE TANKS AND ASSOCIATED PIPING, VENT LINES AND DISPENSERS; AND THE DECOMMISSIONING, REMOVAL AND DISPOSAL OF ABOVEGROUND (' ASPHALT EMULSION TANKS AND ASSOCIATED CONTENTS, BY ANY 1 PERSON, PURSUANT TO THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. .•. D. The obligations of the Contractor under this section shall include, but not be j limited to, the burden and expense of defending all claims, suits and i administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums j due against such indemnified persons. j E. Upon learning of a claim, lawsuit, or other liability that Contractor is required t hereunder to indemnify City, City shall provide Contractor with reasonably timely notice of same. F. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other,obligations owed by the; parties to each other hereunder. f G. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this section. H. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been !i Contract for Storage Tank Removal CRL06.21.06v2 Page 9 # Ir HSC I I i t i i I 1 completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1.. If the claim concerned remains unsettled at the expiration of the said thirty- day (30) period, out of the performance of such work. 2.. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: j a. The claim has been settled and a release has been obtained from the claimant involved; or i b.. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed, 3.. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six (6) month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been - performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. The Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, i such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising. 8. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by removal of underground petroleum storage tanks and underground liquid propane tanks and associated piping, vent lines and dispensers; and the decommissioning, removal and disposal of aboveground asphalt emulsion tanks and associated contents. Contractor further warrants that it will perform all services under this Contract in a safe, efficient I and lawful manner using industry accepted practices, and in full compliance with all Contract for Storage Tank Removal CRL06.2f.06v2 Page 10 HSC r i f 1 i I applicable state, local and federal laws governing its activities. Contractor also warrants that it is under no restraint or order that would prohibit performance of services under this Contract. ; 9. LICENSES AND PERMITS w A. Contractor certifies that on the day work is to commence under this Contract, and during the duration of the Contract, it shall have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. B. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. j 10. TERMINATION A. City may terminate this Contract, with or without cause, by giving ten (10) days written notice to Contractor, provided that such termination shall be without i prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the i notice of termination. B. If the City terminates this Contract under subsection A. of this section, City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this Contract shall become the property of the City when the Contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. i a j� I Contract for Storage Tank Removal CRL06.21.06v2 Page 11 i HSC 7 i i i 11. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this Contract, if the failure arises from causes beyond the control and i without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, t freight embargoes, and unusually severe weather,. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and i the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources.. C. Alternatively, if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract Documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor, D.. In the event either party defaults in the performance of any of its obligations { under this Contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this Contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail.. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15) day period, or if the default cannot be cured, the Contract shall terminate as of the date provided in the notice of default. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract.. 12. RIGHT TO AUDIT j 1 A.. City shall, until the expiration of five (5) years after final payment is paid under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions Contract for Storage Tank Removal CRL06..21..064 Page 12 HSC t I� i i i i ti I related to this Contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph.. City shall give Contractor reasonable advance notice of intended audits. j B.. Contractor shall include in all its subcontracts hereunder a provision to the effect i that the subcontractor shall give City, until the expiration of five (5) years after final payment is paid under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. C. The obligations of the Contractor under this section shall survive the expiration of ? this Contract and the discharge of all other obligations owed by the parties to each other hereunder.. 13. MINORITY AND WOMEN BUSINESS ENTERPRISES In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance, Contractor agrees a minimum of fifteen percent (15%) of the total dollar value of this Contract will be paid as compensation to certified MWBE firms. Monthly reporting is required to the City of Fort Worth — M/WBE Office, 1000 Throckmorton Street, Fort Worth, Texas 76102.. Proof of payment for all invoices from MWBE firms will be required. Final payment to the Contractor under this Contract may be withheld pending MWBE Office approval of documentation. r 1 i t 14. INDEPENDENT CONTRACTOR Contractor shall perform work under this Contract as an independent contractor and not as an agent or employee of City.. City shall not be considered the employer, co- employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this Contract, except as outlined in this Contract or as otherwise required by federal, state, county or city law, regulation or rule. r (f Contract for Storage Tank Removal CRL0d.27..06v2 Page 13 [ HSC i+r ! t 1 15. NON-DISCRIMINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. i B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity j employer. i C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.. 16. GOVERNING LAW i i 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. 17. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $ 1,000.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractors 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. 18. 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 Contract for Storage Tank Removal CRLO&21.064 Page 14 NSC r t I 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.. ` I 19. ASSIGNMENT i I L 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 j 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. i 20. NOTICE s Notices required to be made under this Contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: I If to City: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to Contractor: Intercon Environmental, Inc. 2214 FM 1187 Building 6 Mansfield, Texas 76063 Telephone: 817-477-9997 Fax: 817-477-9996 i i I� 1 Contract for Storage Tank Removal CR1.06..21.06v2 Page 15 �4 HSC i 29. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Contract, venue for said action shall be in Tarrant County, Texas, 22. 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. 23. ENTIRETY i This Contract, the Contract documents and any other documents incorporated by ' reference herein contain all the terms and conditions agreed to by the City and ,.` Contractor, and no other Contracts, oral or otherwise, regarding the subject matter of this Contract or any part thereof shall have any validity or bind any of the parties hereto.. 24. MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in writing and signed by both parties.. i i i i t t Contract for Storage Tank Removal CRL06.21.06v2 Page 16 F HSC ; A•■► { f I i i SIGNATURE PAGE FOR STORAGE TANK REMOVAL AT HSC This Contract has been executed by the parties in triplicate in Tarrant County, Texas on this date, June 22 , 2006.. C17 OF FORT WORTH INT RCON ENVIROWMENTAL, INC. I Bibby Watson, Asst. City Manager 13 Karen Andrews, President APPROVED AS TO FORM WITNESS: Christa Lopez, Assist. Attorney Name: Xngelica Petruzze li Title: Executive Vice President i ATTEST: CORPORATE SEAL: Marty Hendri.6 bty Secretary Contrac Authorization tate i I l Contract for Storage Tank Removal CRL06.2l..06v2 — --�� HSC Amok t f THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond SU 102 4644 B KNOW ALL MEN BY THESE PRESENTS: that INTERCON ENVIRONMENTAL INC (Here insert full name and address or legal title of Contractor) 2214 FM 1187, BUILDING#6 MANSFIELD, TX 76063 as Principal, hereinafter called Contractor, and, ARCH INSURANCE COMPANY (Here insert full name and address or legal title of Surety) 3 Parkway, Suite 1500, Philadelphia, PA 19102 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FORT WORTH (Here insert full name and address or legal title of Owner) 1000 THROCKMORTON STREET FORT WORTH, TX 76102 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND SEVEN HUNDRED EIGHTY-ONE&00/100 Dollars ($ 188,781.00 1r for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for DEM 06-02: HSC UNDERGROUND STORAGE TANK REMOVAL&ABOVEGROUND STORAGE TANK REMOVAL- FORMER HARLEY SERVICE CENTER, 3409 HARLEY AVE-FORT WORTH,TX in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 17.35 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 'OMAk NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform Said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount r pe promptly remedy the default, or shall set forth in the first paragraph hereof. The term "balance Y P P Y Y promptly of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 15TH day of JUNE 192006 ( INTERCON ENVIRONMENTAL INC (Princitml) (Seat) Karen Andrews (Title) President ARCH INSURANCE COMPANY (Surety) (Seal) (Witness) nf_�yo_ V MARIA A GONZAL,EZ 0 Title) TTO EY-IN-FACT AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 7 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond SU 102 4644 B THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that INTERCON ENVIRONMENTAL INC (Here insert full name and address or legal title of Contractor) 2214 FM 1187, BUILDING#6 MANSFIELD, TX 76063 as Principal, hereinafter called Principal, and, ARCH INSURANCE COMPANY (Here insert full name and address or legal title of Surety) 3 Parkway, Suite 1500, Philadelphia, PA 19102 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FORT WORTH (Here insert full name and address or legal title of Owner) 1000 THROCKMORTON STREET FORT WORTH, TX 76102 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND SEVEN HUNDRED EIGHTY-ONE&00/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 188,781.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for DEM 06-02: HSC UNDERGROUND STORAGE TANK REMOVAL&ABOVEGROUND STORAGE TANK REMOVAL-FORMER HARLEY SERVICE CENTER, 3409 HARLEY AVE-FORT WORTH, TX in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to i s A tw_ AIA DOCUMENT A311 PERFORMANCE. BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 a ✓:.1,X19 Gt:� NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the fast of mechanics' fiens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 15TH day of JUNE 192006 INTERCON ENVIRONMENTAL INC (Principal) (Seal) (Witness) J_ U_U�, Karen Andrews (T'th,) President ARCH INSURANCE COMPANY (� (Surely) (Seal) IWiln[ss) /allk C 1 MARIA A GONZALEZ0 F(Titic),ATTO Y-IN-FACT AIA DOCUMENT A311 I'FKFORMANCE BOND AND LABOR AND MATERIAL ('AYMENT BOND • AIA FEBRUARY 1970 ED. •THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 4 POWER OF ATTORNEY SU 102 4644 B Know All Men By These Presents That the Arcn Insurance Company. a corporation organized and existing under the laws of the State of MisscL,�I having its principal office in Kansas City Missouri (hereinafter referred to as the "Company") does hereby appoint William A Bailey, Maria A Gonzalez Anne M Barber and Michael J Friedrich of Bridgeview. IL (EACH) its true and lawful Attorney(s)-in-Fact, to make. execute. seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed Any and all bonds and undertakings EXCEPTION NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as it the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. ^ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3. 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company OOMLD013 00 03 03 Page 1 of 2 Printed in U.S.A. est!mory VJhe eof. the COm,pa-iy has caused this instrument to be signed ano its zorporate seal tc be af--,xed me r authorized officers this 13th day or _February._ 2006 A-• , Insurance Company Attested and Certified �janco C� SIL .17 =I Martin J. Nilsen, Secretary 'Edward M. Titus ce President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M Titus and Martin J Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free an koluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth PETER J. CALLED ESQ. Notary Public, State of New York Peter J Cal Notary Pu lic No. 02CA6109336 My commis si n expires 5-03-2008 Or :lified in New York County CERTIFICATION Commission Expiras May 3,2008 1 Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate, and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 15th day of,-ff NR, 2006— 20 i Martin J./Nilsen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Suite 1500 Philadelphia, PA 19102 4��snc•C c � cououri O rr lissssd 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No. DEM06- 02:HSC Interc n Environmental Inc. By: Karen Andrews, President Title 6/22/06 Date STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Karen Andrews , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of President of Intercon Environmental, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 22nd day of June , 2006 Angelica Petruxselll �%y Notary P blic in and for the t to of U ` Notary Public,State of Texas Texas ,•. .= My Commission Expires: February 28,2008 „ n UJ �fl i n "'R, g Gti a 4A iercon 2214 FM 1187 Building 6 • Mansfield,Texas 76063 Phone:(817)477-9995 Fax:(817)477-9996 ENVIRONMENTAL, INC. www.intercon-environmental.com May 30, 2006 Mr. Roger Grantham Environmental Program Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Telephone: (817) 392-8592 RE: DEM 06-02: HSC - Asbestos Abatement of Aboveground and Underground Storage Tank located at the former Harley Service Center - 3409 Harley Avenue, Fort Worth, Texas. •MOk Ar. Grantham: This letter is in regards to the proposal Intercon Environmental, Inc. submitted for the above referenced project. Indications from the city suggested that the emulsions may not solidify and no additional information otherwise was available. Based on that information, Intercon Environmental, Inc. originally submitted a proposal price of $89,000.00. However, should emulsions prove to solidify, a value engineering price for this work will be $51,000.00. spectfull f Jerrold Andrews Vice President .•. Proposals/05-06-024R- City of FW- DEM06-02:HSC l ATTACHMENT A-Section2.4.4-7 Scope of Work i i i i t f i i 3 E i 1 7 i I 1 i I Contract for Storage Tank Removal CRL06..21.06v2 Page 9$ ,.� HSC 1 f Aommoll (Revised) INVITATION TO BID CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 Fo K T Wo H PROJECT: DEM 06-02: HSC ADDENDUM 1 ASBESTOS ABATEMENT, ABOVEGROUND AND UNDERGROUND STORAGE TANK REMOVAL FORMER HARLEY SERVICE CENTER 3409 HARLEY AVENUE FORT WORTH, TEXAS May 3, 2006 •-. Addendum No. 1 May 3,2006 TABLE OF CONTENTS 1.0 INVITATION TO BID 1.1 Project Description 1.2 General Requirements 1.3 Interpretation of the Invitation to Bid 1.4 Conflicts 1.5 How to Submit a Bid 1.6 Security 1.7 Opening of Bids 1.8 Trade Secrets and Confidential Information 1.9 Bid Evaluation 1.10 Contract Time 1.11 Award of the Contract 1.12 Tax Exemption 1.13 Reservations 2.0 BID DOCUMENTS 2.1 Bid Document Checklist 2.2 Acknowledgment of Receipt of Addenda 2.3 Bid Solicitation .•� 2.4 Scope of Work 2.5 Project Schedule 2.6 Schedule of Payment 2.7 Bonds 2.8 M/WBE Utilization Requirements 2.9 Subcontractors 2.10 Statement of Residency 2.11 Nondiscrimination 2.12 Prevailing Wage Rates 2.13 Insurance Certificates 2.14 Contractor's Licenses&Certificates 2.15 Contractor's Legal And Compliance History 2.16 Additional Documents Upon Award of Contract 3.0 TECHNICAL SPECIFICATIONS 3.1 Scope of Work 3.2 Asbestos Specifications i Addendum No.1 May 3,2006 1 .0 INVITATION TO BID 1.1 PROJECT DESCRIPTION: The City of Fort Worth is seeking bids for the furnishing of all equipment, labor, materials, superintendence, and any other items or services necessary to perform the removal of asbestos-containing materials (ACM) from the structures at the former Harley Service Center located at 3409 Harley, Fort Worth, Texas, as detailed in the Scope of Work and Specifications; for the transportation of said ACM to a proper waste disposal facility for disposal; for the removal of three underground petroleum storage tanks and one underground liquid propane tank and associated piping, vent lines, and dispensers; and for the decommissioning, removal, and disposal of three aboveground asphalt emulsion tanks and associated contents. Contractors may submit bids for the entire project or they may submit bids only for a section that is applicable for their scope of services (i.e. asbestos only). If submitting for only a portion of the entire project, MWBE goals for that portion, if awarded, are uniquely assigned in order to reflect the individual scope of work to be performed. The following breakdown exhibits the individual MWBE goals for each unique work area: • Asbestos abatement activities 10% • Underground storage tank removal activities 5% • Aboveground storage tank removal activities 10% .� If only one contract is awarded for the entire project, the contract must identify subcontracting resources to allow flexibility and workload handling as necessary as well as comply with the MWBE participation goal of 20 percent. 1.2 GENERAL REQUIREMENTS: 1.2.1 Obtaining Bid Documents: Bid documents, addenda, and specifications may be obtained from the Environmental Management Department web site at www.fortworthgov.org/dem/bids.htm in portable document format (PDF), or may be viewed at the Environmental Management Department, 908 Monroe Street (7"' Floor), Fort Worth, Texas 76102 during normal business hours. 1.2.2 Pre-Bid Meeting: Non-mandatory pre-bid meeting will be scheduled for Thursday April 27, 2006 at 9 AM at the project location, 3409 Harley Avenue, Fort Worth, Texas (MAPSCO 76E). 1.2.3 Time Bid to Remain Valid: Bids submitted in accordance with this Invitation to Bid shall remain valid for 60 days after the due date. 1.2.4 Compliance With Laws: All Contractors shall be required to comply with.- Chapter ith:Chapter 2258 of the Texas Government Code, with respect to the payment of prevailing wage rates for public works contracts; 1-1 May 3, 2006 Addendum No.1 May 3,2006 • Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices; • Fort Worth ordinance 15530, Minority and Women Business Enterprises; and • The most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the City of Fort Worth and any other entity that may have jurisdiction over work being performed. 1.3 INTERPRETATION OF THE INVITATION TO BID: All requests for an interpretation of the Invitation to Bid must be made in writing and submitted to the Environmental Management Department, by fax, regular mail, or email, at any time up to seven (7) calendar days prior to the deadline date for submitting bids. The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. The City will issue any interpretation of the Invitation to Bid as a formal addendum. The addenda will be posted at www.fortworthgov.org/dem/bids.htm. All addenda must be submitted with the Bid in Section 2.2. It is the Contractor's obligation to determine whether addenda have been issued prior to the deadline for submitting the bid. The City will not be responsible for any other explanations or interpretations. Requests for interpretations must be submitted to: Roger Grantham, Environmental Program Manager Compliance Section Department of Environmental Management City of Fort Worth 1000 Throckmorton Street Fort Worth, TX, 76102-6311 Phone 817.392.8592 Fax 817.392.6359 Email roger.grantham@fortworthgov.org Each Contractor who intends to submit a bid, must e-mail Mr. Grantham, with a notification of intent to submit, in order to assure receipt of applicable addenda. 1.4 CONFLICTS: Should there be conflicts between the submitted bid and the final executed contract document, the final contract shall take precedence. 1.5 HOW TO SUBMIT A BID: Each Contractor must submit ONE (1) bound original and three (3) bound copies of their bid to the City. All items to complete the submittal must be included within the bid or the entire bid may be considered non-responsive and rejected. May 3, 2006 ' 1 -�i �. Addendum No. 1 May 3,2006 Please initial the upper right-hand corner of each page in Section 2.0. In case of ambiguity or lack of clarity, the City reserves the right to adopt the construction most advantageous to the City or to reject the bid. Bids must be submitted in a sealed envelope, addressed to the City of Fort Worth Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102. Bids must be received by the Purchasing Division no later than 1:30 p.m. on Thursday, May 18, 2006. The project number must be clearly marked on the envelope and the statement "BID DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 on Thursday, May 18, 2006" placed in the lower left-hand corner of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Late bids will be returned. They will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. NO FAXED BIDS WILL BE ACCEPTED 1.6 SECURITY: Bids must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a ,•� cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project Contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The City will only accept sureties duly qualified and authorized by the State of Texas as corporate sureties to act as bonding entities. Personal sureties are unacceptable. 1.7 OPENING OF BIDS: Bids will be opened and read aloud at 2:00 P.M. on Thursday, May 18, 2006, in the Fort Worth City Council Chambers. 1.8 TRADE SECRETS AND CONFIDENTIAL INFORMATION: All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. However, the City will endeavor to protect from disclosure any information in the bids that is subject to the trade secrets exception of the Public Information Act under §552.110 of the Texas Government Code or the confidential information exception under §552.101 of the Texas Government Code. It is the responsibility of the Contractor to clearly mark as such any information they deem trade secret or confidential. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure of a Contractor to identify trade secret and confidential information in its bid will result in all unmarked sections being deemed non-proprietary and available upon public request. 1.9 BID EVALUATION: The City will award a contract to the bidder who provides services at the best value to the City. In determining the best value, the following criteria will be considered pursuant to Texas Local Government Code §252.043: 1. purchase price; 2. reputation of the bidder and of the bidder's goods/services; 1-3 May 3, 2006 Addendum No. 1 May 3,2006 3. quality of the bidder's goods or services; 4. extent to which the goods or services meet the City's needs; 5. bidder's past relationship with the City; 6. impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; and 7. total long-term cost to the City to acquire the bidder's goods or services. 1.10 CONTRACT TIME: The successful Contractor will be required by the Contract to start work upon receipt of the Notice to Proceed and complete the project within 30 calendar days from Commencement. The City has set an approximate schedule of site activities regarding the scope of this project. The following approximate timeline is predicated based on future developmental activities at the project site; June 6, 2006 —City Council approval of M&C and award of contract(s). June 7, 2006 —Contract signing and Contractor Notice-to-Proceed; June 16, 2006—Asbestos abatement completion; and June 19, 2006—AST and UST scope completed. 1.11 AWARD OF THE CONTRACT(s): The City will send a Notice of Award letter to the successful Contractor(s) with three (3) sets of contract documents. The successful Contractor must execute the Contract in each set and return all three sets to the City. Upon receipt of the three sets, the City will execute each set and issue one set to the successful Contractor with letters entitled Notice to Proceed. These letters authorize work to begin and invoices to be paid. 1.12 TAX EXEMPTION: The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in this bid. 1.13 RESERVATIONS: The City reserves the right to reject any or all proposals and waive any or all formalities. 1-4 May 3, 2006 ATTACHMENT B-Contractor's Response to Invitation to Bid i i i Ik I i f I !i i 1 ! i I i s I i f i Contract for Storage Tank Removal CRL06.21.06v2 Page 19 NSC j i t z j Addendum No. 1 May 3,2006 �ft� 2.0 BID DOCUMENTS ALL BID DOCUMENTS MUST BE SUBMITTED IN THE SAME ORDER AS RECEIVED FROM THE CITY AND WITHIN A BOUND PACKAGE FAILURE TO SUBMIT ALL OF THE FOLLOWING ITEMS IN A SEALED ENVELOPE MAY RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE Addendum No. 1 May 3,2006 iftl 2.1 BID DOCUMENT CHECKLIST All Bid Documents, including this Checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered as a responsive submittal. Please initial the upper right-hand corner of each page in this section. Bid Documents Initial if Included 1. Bid Document Checklist _ 2. Acknowledgement of Receipt of Addenda 3. Bid Solicitation 4. Scope of Work 5. Project Schedule 6. Schedule of PaymentsIA _ 7. Bonds JUL — 8. MMBE Utilization Requirements — 9. Subcontractorsl� _ 10. Statement of Residency 11. Nondiscrimination 12. Prevailing Wage Rates _ .•� 13. Insurance Certificates _ 14. Contractor's Licenses&Certificates 14. Contractor's Legal And Compliance History 15. Additional Documents Upon Award of Contract 1 I understand that all of these items will be reviewed, and any items not included may result in my bid being considered non-responsive. Signature Name Karen Andrews Title President Company Intercon Environmental, Inc. 2-1 Addendum No.1 May 3.2006 2.2 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA 2.2.1 Check if applicable X The undersigned acknowledges the receipt of the following addenda to the Invitation to Bid, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 May 3. 2006 (Date received) Addendum Number 2 May 12, 2006 (Date received) Addendum Number 3 (Date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Invitation to Bid. CONTRACTOR: Intercon Environmental, Inc. BY: Karen Andrews Company Name (print or type name of signatory) 2214 FM 1187, Building #6 �MV-�-U JJV Address ( ignature) Mansfield, Texas 76063 President City, State,Zip Title (print or type) 2-2 �Jk FORT WORTH ENNA.IZONMENTAL MANAGEMENT ADDENDUM #2 TO: Interested Parties FROM: Roger Grantham, Environmental Program Manager Department of Environmental Management DATE: May 12, 2006 RE: Harley Service Center Complex Project #: DEM06-02:HSC As of Thursday May 12, 2006, the following changes to the ITB are as follows; 1. Compaction of the tankhold will be required with final density of 95% (+/- 2% moisture). The compaction will begin at the total depth of the tankhold and will occur in 12" lifts up to a total depth of 3' bgs. From 3' bgs to the surface, the compaction will occur in 6" lifts. No surface improvements will be required. 2. A revised specification for the asbestos abatement of the TSI located on the endcaps of the ASTs located in the Asphalt Plant building is attached as part of this addendum. As a reminder, follow the instructions located in the proposal package and include the addendum in the proposal package as stated in the proposal instructions. Addendum No. 1 May,3,2006 2.3 BID SOLICITATION The undersigned agrees to furnish the equipment, labor, materials, superintendence, and any other items or services necessary to perform the removal of asbestos-containing materials (ACM) from the structures at the former Harley Service Center located at 3409 Harley, Fort Worth, Texas, as detailed in the Scope of Work and Specifications; for the transportation of said ACM to a proper waste disposal facility; for the disposal of said ACM; for the transportation of said ACM to a proper waste disposal facility for disposal; for the removal of three underground petroleum storage tanks and one underground liquid propane tank and associated piping, vent lines, and dispensers; and for the decommissioning, removal, and disposal of three aboveground asphalt emulsion tanks and associated contents. THE QUOTE SHALL BE HELD FIRM FOR A PERIOD OF 60 DAYS. The undersigned agrees that all work will be conducted in compliance with the most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the City of Fort Worth and any other entity that may have jurisdiction over work being performed. "^ The duration for all phases of the project is thirty (30) calendar days. The undersigned agrees to start work upon receipt of the Notice to Proceed. The undersigned acknowledges that adjacent work areas can be under containment, under preparation, or under other similar work activity at the same time. The costs for each line item below shall be for all labor, equipment, materials, disposal, and any and all other costs associated with the performance of that line item under this project. For the purposes of this Invitation to Bid, the City of Fort Worth will allow vendors/contractors to submit bids addressing the entire scope of the project (i.e., all three areas of concern) or portions applicable to the individual vendor/contractor's main construction services as related to any of the three project areas (i.e., asbestos, USTs, ASTs,). The City reserves the right to select the best value for the City based on the bid submittals as set forth in Section 1.9 of this Invitation to Bid. The City may award up to three separate and distinct contracts for this project. MWBE requirements for the entire project as well as the individual project areas are as follows: • Asbestos abatement activities 10% • Underground storage tank removal activities 5% • Aboveground storage tank removal activities 10% • Overall entire project inclusive of above individual activities 20% Aalwk 2-3 Addendum No. 1 May 3,2006 1. ASBESTOS ABATEMENT # Item 1. 30 linear feet of TSI Piping 2. 5,010 ft2spray-on acoustic ceiling texture 3. 10,870 ft2 floor tile/mastic 4. 1,335 ft of acoustic tile mastic 5. 30 linear feet of roof tar sealant 6. Transportation and disposal of waste to appropriate landfill 7. OSHA air monitoring Sub-Total For Asbestos $ 36,900.00 2. UNDERGROUND STORAGE TANK REMOVAL # I Item Cost 1. 25,000-gallon gasoline UST removal and proper disposal xxxx 2. 25,000-gallon diesel UST removal and proper disposal xxxx 3. 18,000-gallon liquid propane UST removal and proper disposal xxxx 4. 1,000-gallon waste oil UST removal and proper disposal xxxx 5. Removal and disposal of associated piping, vent lines, dispensers,etc. xxxx 6. Backfill (for bid purposes assume 2,400 cubic yards) xxxx 7. Compaction (12"lifts)with density testing-(95%w/optimum moisture+/-2%) xxxx 8. Confirmation soil sampling of tankhold and pipechase(s) xxxx 9. Tank closure report xxxx 10 Waste disposal(for bid purposes assume 100 cubic yards—Class II non- xxxx hazardous soil Sub-Total For UST Removal $ 99,781.00 a. *Overexcavation of tankhold/pipechase(s)(per cubic yard cost) $ 14.85 b. *Additional backfill if required (per cubic yard cost) $ 21.00 C. *Disposal of impacted media from tankhold/pipechase—Class I non- $ hazardous(per cubic yard cost) 44.00 d *Disposal of impacted media from tankhold/pipechase—Class 11 non- $ hazardous(per cubic yard cost) 16.50 *Transportation of waste media-Class I non-hazardous (per 20 cubic yard e. load $ 125.00 *Transportation of waste media-Class II non-hazardous(per 20 cubic yard f. load $ 100.00 g. *Vacuum truck(per day) $ 792.00 h. *Liquid disposal(per gallon) $ .48 i. ! *Additional confirmation sampling, if required (per each) 2-4 Addendum No.1 May 3,2006 3. ABOVEGROUND STORAGE TANK REMOVAL #. Item 1. 12,000-gallon asphalt emulsion AST removal and proper disposal 2. 12,000-gallon asphalt emulsion AST removal and proper disposal 3. 10,000-gallon asphalt emulsion AST removal and proper disposal 4. Removal and disposal of associated piping, vent lines, etc. 5. Asphalt emulsion disposal costs (approximately 22,000 gallons) 6. Dismantling of Asphalt Plant building Sub-Total For AST Removal $ 89,000.00 For the purposes of this Invitation to Bid, the City of Fort Worth will allow vendors/contractors to submit bids for the entire project or they may submit bids only for a section that is applicable for their scope of services (i.e. asbestos only). If submitting for only a portion of the entire project, MWBE goals for that portion, if awarded, are uniquely assigned in order to reflect the individual scope of work to be performed. The City reserves the right to select the best value for the City �- based on the bid submittals as set forth in Section 1.9 of this Invitation to Bid. The City may award up to three separate and distinct contracts for this project. i TOTAL { Project Sections #1, #2, 3, if applicable) $ 225,681 -00 i NOTE:No compensation shall be paid to Contractor for the cost of obtaining and maintaining insurance, bonds, permits, licenses, and certifications as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Invitation to Bid. N r• � u Addendum leo. 1 May 3,2006 ikk CONTRACTOR: Intercon Environmetnal, Inc. BY: Karen Andrews (Company Name) (print r type name signatory) 2214 FM 1187, Building #6 (Address) (Signature) Mansfield, Texas 76063 President (City, State,Zip) . (Title) (817) 477-9995 (817) 477-9996 (Phone) (FAX) 2-6 Addendum No.1 May 3,2006 law*� 2.4 SCOPE OF WORK Furnish all equipment, labor, materials, superintendence, and any other items or services necessary to perform the removal of asbestos-containing materials (ACM) from the structures at the former Harley Service Center located at 3409 Harley, Fort Worth, Texas, as detailed in this Scope of Work and the Specifications; for the transportation of said ACM to a proper waste disposal facility for disposal; for the removal of three underground petroleum storage tanks and one underground liquid propane tank and associated piping, vent lines, and dispensers; and for the decommissioning, removal, and disposal of three aboveground asphalt emulsion tanks and associated contents. 2.4.1 Removal of Asbestos: The scope of work includes removal and disposal of the following asbestos-containing or asbestos-contaminated materials: 1. Approximately 30 linear feet of roofing tar located on the seam of the room of the Equipment Services Building. All roofing tar is to be disposed of as asbestos- containing material. All debris generated from the roofing tar removal is to be disposed of as asbestos-containing waste. 2. Approximately 1,335 ftz of acoustic ceiling mastic located in the Light and Signal Building and Storage Building. All removed acoustic ceiling mastic is to be disposed of as asbestos-containing material. All debris generated from the acoustic ceiling mastic removal is to be disposed of as asbestos-containing waste. 3. Approximately 10,870 ft2 of floor tile and associated mastic located throughout the Street Division Building, Equipment Services Building, General Services Building, Light and Signal Building and Storage Building. All floor tile and associated mastic is to be disposed of as asbestos-containing material. All debris generated from the floor tile removal is to be disposed of as asbestos- containing waste. 4. Approximately 5,010 ftz of spray-on acoustic ceiling texture located throughout located throughout the Street Division Building, Equipment Services Building, and Facilities Maintenance Building. All spray-on acoustic ceiling texture is to be disposed of as asbestos-containing material. All debris generated from the spray-on acoustic ceiling texture removal is to be disposed of as asbestos- containing waste. 5. Approximately 30 linear feet of Thermal System Insulation (TSI) located on a water line in the Auto Painting Building. All TSI is to be disposed of as asbestos- containing material. All debris generated from the TSI removal is to be disposed of as asbestos-containing waste. 5. Approximately 300 square feet of Thermal System Insulation (TSI) located on the endcaps of the asphalt emulsion aboveground storage tanks located in the Asphalt Plant Building. All TSI is to be disposed of as asbestos-containing .� material. All debris generated from the TSI removal is to be disposed of as 2-7 Addendum No. 1 May 3,2006 asbestos-containing waste. 2.4.4 Underground Storage Tank Removal: The scope of work includes the removal of one 25,000-gallon gasoline underground storage tank; one 25,000-gallon diesel underground storage tank; one 1,000-gallon waste oil underground storage tank that has been abandoned-in-place; and one 18,000-gallon liquid propane underground storage tank. The general tasks involved will include: • Completion and submittal of all necessary documentation to the Texas Commission on Environmental Quality and City of Fort Worth, Fire Department upon review by City of Fort Worth Environmental Management Department; • Excavation and removal of three underground storage tanks, one underground liquid propane gas storage tank, associated piping, vent lines, and dispensers; • Backfill and compaction of tankholds; • CAPM oversight, sample collection and delivery to City of Fort Worth contract laboratory, site closure per TCEQ requirements; • Tank closure report preparation and submittal to the City of Fort Worth; and • Final site check. 2.4.5 Asphalt Emulsion Aboveground Storage Tank Removal: The scope of work also includes the removal of two, 12,000-gallon aboveground asphalt emulsion tanks located within the asphalt plant building and one, 10,000-gallon aboveground asphalt emulsion tank located adjacent south of the asphalt plant building. The general tasks involved will include: • Completion and submittal of all necessary documentation to the Texas Commission on Environmental Quality and City of Fort Worth, Fire Department upon review by City of Fort Worth Environmental Management Department; • Decommissioning and removal of the three aboveground storage tanks; • Collection and disposal of approximately 22,000 gallons of heated asphalt emulsion located within the existing aboveground storage tanks; and • Final site check. 2.4.6 Compliance With Laws: All work must be conducted in compliance with the most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the Texas Railroad Commission, the City of Fort Worth and any other entity that may have jurisdiction over work being performed. 2.4.7 City's Tasks: The City of Fort Worth will provide the following for this project: • Texas Department of State Health Services Health (TDSHS) notification preparation and revision; • Payment of TDSHS notification fees; ,`J 1r• + I��+J ll i�l�l�r �, ��� ; --y Addendum No. I May 3,2006 Aoft� • Preparation of TCEQ UST/AST removal notification; • Payment of laboratory analytical costs for UST removal confirmation sampling activities; and • Contracting with asbestos consultant for asbestos oversight and project management duties. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to executing the Contract. ..a*k 2-9 Addendum No.1 May 3,2006 2.5 PROJECT SCHEDULE Contractors shall provide a project schedule that includes all major tasks for asbestos removal and tank removal/waste disposal pursuant to the Scope of Work and Specifications. The project schedule shall show all tasks in the left most column and their duration shall be plotted horizontally versus time. A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by 17" wide. A separate task must be shown for each subcontractor, each separate organization, and each M/WBE if applicable. The name of the Contractor's company, subcontractor, separate organization, M/WBE shall be identified above the duration bar of each task. The estimated dollar cost for each task shall be shown below each duration bar. The completion of each task must be associated with a project deliverable document. Deliverable documents may include a photograph, an asbestos abatement closeout report, transportation trip tickets, or invoices that show completion of that task. The project schedule must be submitted with the bid. INCLUDE A COPY OF THE SCHEDULE FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE 2-10 N I /M%k of 011 �j I u> i � 1 -7'' v v 'i o N"�l th C14i co CD E E I—I N tD i::'ii O O E (q COV t0 to ~ (n N > T pi.7i N_ '.... 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CO _. .... c 'mo o o mo v v :v o v tep o :v o o ;v v :mo v `ao ,v `ao 0 0 in (n (n (� �n (� �n (� v �n (a (n (n o y Z OO O N O 'N O ! :O h N N N '.N i0 O N 7 p O O O N Y O N p cc a (n7 _i c o � _c m c c p 7 � M C • :m 'O :C I r n c is c p c O c U c 3 c c I o to 3 Z 3 a] o ':m o an d 'N a d :G n. a a O(D m to m m an d m :m m to to m m Co LL z E °) a m ob !°) .a a� a a� a a� a :m a m :d Q :H ;L d -Q iH p CO m 6 o w m aan :tl Lo 514 o r I N j(h a I(n (o p rn o N ch v co +n C', O Ir N ) (D (� a0 O �r r r r �r �r N N IN N N N IN yN N O I I I I I ao �A to rco n ENVIRONMENTAL, INC. 2214 FM 1187 . Building 6 Mansfield Texas 76063 . Telephone (8 17) 477-9995 . Facsimile (8 17) 477-9996 www.intercon-environmenta1.com Emulsion Tanks' Schedule A schedule can be provided after material testing for solidification can be conducted. Addendum No. 1 May,3,2006 2.6 SCHEDULE OF PAYMENTS Progress Payments will only be made after completion of those tasks and/or subtasks identified on the Project Schedule. Progress Payments will be made during the project no more frequently than once per month. A payment schedule must be submitted with the Proposal showing the name of each task and/or subtask, the name of the Deliverable Document for each task and/or subtask, labor cost, equipment cost, material cost, total task and/or subtask cost, planned payment dates for each task and/or subtask, and the amount that would be remaining in the contract account. Upon receipt of final project completion documentation (i.e., Asbestos Close-out Report, applicable waste manifests), final project payments will be approved. Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. INCLUDE A COPY OF THE SCHEDULE OF PAYMENTS FOLLOWING THIS PAGE, BOUND WITHIN THE PROPOSAL PACKAGE 2-11 Addendum No.1 May 3,2006 2.7 BONDS 2.7.1 Bidder's Bond Bids must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bid bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 10 calendar days after the contract has been awarded. 2.7.2 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. 2.7.3 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 Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 2-12 Addendum No. 1 May 3,2006 �\ ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE 2-13 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond # ZA26358 KNOW ALL MEN BY THESE PRESENTS, that we INTERCON ENVIRONMENTAL INC (Here insert full name and address or legal title of Contractor) TEXAS as Principal, hereinafter called the Principal, and ARCH INSURANCE COMPANY (Here insert full name and address or legal title of Surely) 3 Parkway, Suite 1500, Philadelphia, PA 19102 a corporation duly organized under the laws of the State of MISSOURI as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF FORT WORTH (Here insert full name and address or legal title of Owner) TEXAS as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE BID AMOUNT Dollars ($TBD ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) .. ASBESTOS ABATEMENT fir. STORAGE TANK REMOVAL FORMER HAP-LEY SERVICE CENTER NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16TH day of MAY 2006 INTERCON ENVIRONMENTAL INC / r (Princi al) (Seal) Witness) Karen Andrews (Title) President ARCH INSURANCE COMPANY \J Q- (Seal)` (Witness) AAR14 ONZALEZ (T�e) Atto ey-' -Fact AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 ,.1C�`.li NOTICE - GIS:L OS0= TERR0RiS',! F,REMIU wi;i i73 Ril. yi- ;cie;ure nol:ce f•:,r bonds cn ,vhizh A,-c,-i f 5u,a.nca Cornp31ny is t,-,e surety_ DISCLOSURE OF PREMIUM The portion cf ule -.-amlur, ?;l."::.�'13�1� IJ CG'/°i c"7a f.;r to -Jr:st a:Is C��: i2� Under Act is Zero Dollars ($0.00). DISCLOSURE Or FEDERAL PARTICIPATION IN PAYMENT OF TERRORISAA LOSSES I :-1? L,'.- ,?j S*J''i •'/•II .7 i ��-��1. .1 _ _. .. .. �� '.. )J�� G .�O��,� POWER OF ATTORNEY Know All Men By These Presents ;-�, That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri. having its principal office in Kansas City. Missouri (hereinafter referred to as the "Company") does hereby appoint William A. Bailey, Maria A. Gonzalez. Anne M. Barber and Michael J Friedrich of Bridgeview, IL (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety. and as its act and deed Any and all bonds and undertakings EXCEPTION NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Pagel of 2 Printed in U.S.A. Testimonv Vthereof. the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers. this 13th __day of _February 2006 Arch Insurance Company Attested and Certified rance C� O 0 MKrD Alt i V SEMI Martin J. Nifsen, Secretary dward M. Titus. ce President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free an voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J. CALLEO, ESO. Notary Public, State of New York Peter J. Cal , Notary Pu lic No.02CA6109336 My commissl n expires 5-03-2008 OL Jified in New York County CERTIFICATION Commission Expires May 3, 2008 I. Martin J. Nilsen, Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate, and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of , moi20_ Martin J./Nilsen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Suite 1500 Philadelphia, PA 19102 once C r � g r cocraff TE o sEAE _ 19'1 �issovl OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. Addendum No. 1 May 3,2006 ice► responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the M/WBE requirements and documentation, shall render the bid non-responsive. The Good Faith Effort documentation shall demonstrate the Contractor's commitment and honest efforts to utilize M/WBE(s). The burden of preparing and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the bid/proposal. A Contractor who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. Complete M/WBE requirements are contained in City of Fort Worth ordinance 15530, Minority and Women Business Enterprises. Questions about M/WBE requirements may be directed to the City's M/WBE Business Office at 817.392.6104. Check the appropriate box/boxes: RI The following M/WBE documents are included in this bid submittal, following this page, bound within the response: l Subcontractor Utilization Form l� Joint Venture Form 0 Prime Contractor Waiver Form Good Faith Effort Form ❑ M/WBE documents will be delivered to the Environmental Management Department' no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. CONTRACTOR: Intercon Environmental, Inc. BY: Karen Andrews Company Name ( int or type name of signatory) 2214 FN 1187, Building #6 Address (Signature) Mansfield, Texas 76063 President City, State,Zip Title (print or type) NOTE: The Environmental Management Department's Administrative Offices are located in the City Hall Annex, 908 Monroe Street, 7r" Floor, Fort Worth, Texas 76102. The Department's mailing address is 1000 Throckmorton, Fort Worth, Texas 76102. 2-15 Addendum No.1 May 3,2006 2.8 MINORITY AND WOMEN BUSINESS ENTERPRISE (MNWBE) UTILIZATION REQUIREMENTS Contractors may submit bids for the entire project or they may submit bids only for a section that is applicable for their scope of services. An M/WBE goal of 20 percent has been established for this project in its entirety. If you are submitting a bid for less than the entire project, MWBE goals for that portion(s), are uniquely assigned in order to reflect the individual scope of work to be performed. The following breakdown exhibits the individual MWBE goals for each unique work area: — Asbestos abatement activities 10% — Underground storage tank removal activities 5% — Aboveground storage tank removal activities 10% Contractors shall make a good faith effort to subcontract with or purchase supplies from M/WBE firms. Contractors shall meet or exceed the stated goal or submit documentation of good faith effort for all applicable contracts to permit a determination of compliance with the specifications. M/WBE documentation consists of the Special Instructions To Bidders, the Subcontractor Utilization Form, the Prime Contractor Waiver Form, the Good Faith Effort Form, and the Joint Venture Form. Copies follow this section. a. If Contractor equals or exceeds the project goal, they must submit the Subcontractor Utilization Form or the Joint Venture Form. ^ b. If Contractor does not have subcontracting and/or supplier opportunities, they must submit the Prime Contractor Waiver Form. C. If Contractor has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount which equals or exceeds the project goal, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. d. If Contractor has subcontracting and/or supplier opportunities but does not include any M/WBE participation, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. All M/WBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division and located in the nine county marketplace (Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall). For the purpose of determining contract compliance under the M/WBE ordinance, businesses listed as MBE or WBE within the Utilization Plan must be certified as such prior to a recommendation for award being made to the City Council. Contractor shall submit the Subcontractor Utilization Form and/or the Good Faith Effort Form or the Prime Contractor Waiver Form, or the Joint Venture Form ("and documentation") as appropriate. The Environmental Management Department must receive the documentation no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Contractor shall obtain a receipt from an employee of the Environmental Management Department. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the 7fa, pi FV ti FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M1WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the MM/BE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. WIMBE PROJECT GOALS The City's MBE/WBE goal on this project is 20 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 392-6104. ATTACHMENT IA Page 1 of 4 FORT w4RTH� City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Intercon Environmental, Inc. PROJECT NAME: X I M/W/DBE NON-M/W/DBE BID DATE Harley Service Center Comples 5/18/06 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 20 % 41 % DEM 06-02: HSC Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned _Offeror agrees to enter into a formal agreementwith the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,Parker,Johnson, Collin,Dallas, Denton,Ellis,Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered I"tier, a payment by a subcontractor to its supplier is considered 2n ti er ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA),or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized,the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including MI"E owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Aoonkk Rev.5/30/03 ATTACHMENT 1 FORT WORTH Page 2 of a Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address M Wc X M Subcontracting Work Supplies Purchased Dollar Amount Tele hone/Fax r T D V11:' Telephone/Fax E E R 0 B C T :`E A CBA Services, Inc. 1 X X Waste Hauling $3,690.00 5877 Barnett Rd. Suite A Krum, Texas 76249 940-482-9900 940-482-3457 United Services of 1 X X Underground $90,710.00 Texas, Inc. Storage Tank 2110 Greenbriar Dr. Removal Southlake, Texas 76092 817-481-9510 817-488-1729 fax Effective 1 X Transportation $66,000.00 Environmental, Inc. & Disposal of 2515 S. Beltline Rd. asphalt emulsin Southlake, Texas 75181 Rev.5/30/03 ATTACHMENT IA FORTWORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBF,firms first,use additional sheets if necessary. Certification I' (check one) C SUBCONTRACTOR/SUPPLIER T r Company Name ; N T Detail Detail Address e M yy C X A. Subcontracting Work Supplies Purchased Dollar Amount Tele hone/Fax r T C r Telephone/Fax E E R O � C T E A Rev.5/30/03 V ATTACHMENT IA FURTWORTHPage 4 of 4 J Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 94,400.00 Total Dollar Amount of Non-N MBE Subcontractors/Suppliers $ 66,000.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 160,400.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager,or designee through the submittal of a Request for Approval o Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures'outlined in the ordinance. The contractor-shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. if the detail explanation is not submitted,it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work laftkperformed by the M/W/DBE(s)on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Karen Andrews Authorized Signature Printed Signature President Title Contact Name/Title(if different) Intercon Environmental, Inc. 817-477-9995 / 817-477-9996 Company Name Telephone and/or Fax 2214 FM 1187, Bldg 6 karen@intercon-environmental.com Address E-mail Address Mansfield, Texas 76063 5-18-06 City/State/Zip Date .^ Rev.5/30/03 L I I � I I 1 e: i!- i ♦V� O L w '7 w .O ` �... 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B m Z 0 0LL ( 0 �f a � s o » c , « G (k � -4 ( k E , 3 / �u 2 \ 00 i O E �/} / � / / / � » c k / n ' � 0 O � � � R � m / �\} C) - � ' % �2 r / U') � \ �§ 2 C'4 ® � ƒ E �c CL/ / O ? / / ou / 2 L ° ® $ / / \ \ 3 2 � C � � � n § ; ® $ ƒ o � 0 Q) 41 cu 00 ' / / 2 / { ; r / / ® H / / � / / ^ � -�f (n \ \ \ 2 2 \ i / 2 ) ; \ 0 f \ / C-4 PI p / 0 / e — \ / f _ / ° \ \ � m § \ O k _» i\ o w © �\ z j� ° ( § - u §\ / ,c \ � n n ; e s \ S O E / § f u w H / \ ^ k ( }/ / \/ / initial -took 2.10 STATEMENT OF RESIDENCY The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non- responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate, with its bid, the Statement of Residency Form, but in any event, the low bidder shall submit this information within five (5) business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "resident bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident bidder" as a bidder whose parent company or majority owner does not have its principal place of business' in the state of Texas. Bidder's complete company name: Intercon Environmental, Inc. State your business address in the space provided below if you a Texas Resident bidder: 2214 FM 1187, Building 416, Masfield, Texas 76063 State your business address in the space provided below if you are a Nonresident bidder: 'The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity o has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and o has at least one employee who works in the Texas office Form prepared by: Karen Andrews Name President / Intercon Environmental, Inc. Title May 17, 2006 Date 2-17 initial 2.11 NONDISCRIMINATION All City contractors are required to comply with Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Contractor agrees that Contractor, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Contractor, its employees, officers, agents, contractor or subcontractors herein. CONTRACTOR: Intercon Environmental, Inc. BY: Karen Andrews Company Name Oint or type name of signatory) 2214 FM 1187, Building #6 Address (Signature) Mansfield, Texas 76063 Presdent City, State, Zip Title(print or type) 2-18 initial 2.12 PREVAILING WAGE RATES A Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts. The current wage scale for members of the Building and Construction trade immediately follows this page. 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. The undersigned acknowledges the requirements of Chapter 2258 of the Texas ,^ Government Code, and intends to comply with same in the execution of this project. CONTRACTOR: Intercon Environmental, Inc. By: Karen Andrews Company Name ( rint or type name of signatory) 2214 FM 1187, Building #6 Address (Signature) Mansfield, Texas 76063 President City, State, Zip Title (print or type) 2-19 initial iwwlk City of Fort Worth Building&Construction Trades Prevailing Wag a Rates For 2006 Classifications Hourly Rates Classifications Hourly Rates Air Conditioning Mechanic $17.55 Sheetrock Hanger $13.37 Air Conditioning Mechanic Helper $10.74 Sheetrock Hanger Helper $9.48 Acoustic Ceiling Installer $14.26 Sprinkler System Installer $17.86 Acoustic Ceiling Installer Helper $10.53 Sprinkler System Installer Helper $13.33 Bricklayer/Stone Mason $19.29 Steel Worker Structural $16.20 Bricklayer/Stone Mason Helper $13.07 Steel Worker Structural Helper $11.71 Carpenter $15.76 Welder $15.88 Carpenter Helper $11.69 Welder Helper $11.25 Concrete Finisher $14.29 Concrete Finisher Helper $10.09 Concrete Form Builder $12.16 Concrete Form Builder Helper $8.81 Drywall Taper $13.25 Drywall Taper Helper $8.00 Electrician Journeyman $19.79 Heavy Equipment O erators Hourl Rates Crane, Clamshell, Backhoe, Electrician Helper $12.95 Derrick, Dra line, Shovel $16.07 Electronic Technician $20.06 Forklift Operator $12.62 Electronic Technician Helper $12.27 Foundation Drill Operator $17.55 Floor Layer(Carpet) $15.17 Front End Loader Operator $13.27 Floor Layer(Resilient) $15.94 ruck Driver $12.66 Floor Layer Helper $11.00 Glazier $14.35 Glazier Helper $10.32 Insulator(Pipe) $15.05 Insulator Helper(Pipe) $10.12 Laborer Common $9.21 Laborer Skilled $11.59 Lather $15.94 Lather Helper $11.12 Metal Building Assembler $14.29 Metal Building Assembler Helper $9.33 Painter $12.86 Painter Helper $8.66 Pipefitter $18.22 Pi efitter Helper $12.90 Plasterer $16.16 Plasterer Helper $9.98 Reinforcing Steel Setter $13.00 Roofer $15.33 Roofer Helper $10.24 Source is Fort Worth Chapter Sheet Metal Worker $15.73 Associated General Contractors (www.Quoin.org) Sheet Metal Worker Helper $10.53 3/15/2006 5,127 i ' I ti5vr✓ �P `w�IC/ SS�' � i�DC7 initial 2.13 INSURANCE CERTIFICATES A successful Contractor will be required by the contract to have insurance coverage as detailed below. Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department, Administrative Offices, within 14 calendar days after Notice of Award. (a) Insurance coverage and limits: 1. Commercial General Liability Insurance o $1,000,000 each occurrence o $2,000,000 aggregate 2. Professional Liability Insurance - NOT APPLICABLE. 3. Automobile Liability Insurance— A. Coverage on vehicles involved in the work performed under this contract: o $1,000,000 per accident on a combined single limit basis or: o $500,000 bodily injury each person; $500,000 bodily injury each accident; and $250,000 property damage B. Uninsured/Underinsured Motorist: o $20,000 bodily injury each person; $40,000 bodily injury each accident; and$15,000 property damage each accident The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation— o Coverage A: statutory limits o 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 - $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). 6. Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset Clause. 2-21 initial (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 according to items in section (a) above 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 Brian Boerner, Director, Department of Environmental Management, City of Fort Worth, 1000 Throckmorton, 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. 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 in section (a) above, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. 2-22 initial 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. FOR PURPOSES OF EVALUATING THIS INVITATION TO BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE. 2-23 A'�" ` ,. CERTIFICATE OF LIABILITY INSURANCE DATE 1�20 6Y' PRODUCER Serial# 100207 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE WYATT AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1300 11TH STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SUITE 305-E HL,1NT$VILLE,TX 77340 INSURER$AFFORDING COVERAGE NAIC# INSURED muuRA: ARCH SPECIALTY INSURANCE COMPANY INTERCON ENVIRONMENTAL, INC. INSURER B: MASSACHUSETTS BAY INS.CO. 2214 FM 1187, BLDG.4$ INSURER c: TEXAS MUTUAL INSURANCE COMPANY MANSFIELD,TX 76063 INSURER D: INSURER E: COVERAGES i 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VLM L TYPE OF INSURANCE POLICY NUMBER Pgktw jF�F I PRi F,X�PjIRATIQN LIMITS GENERAL LIABIUTY ov. i m o m Ob(Y7 EACH OCCURRENCE 3 1,000,000 A X COMMERCIAL GENERAL LIABILITY 12 EMP 43513 01 21310$ 213107 PREMI EES�Ea¢ use s 50,000 CLAIMS MADE OCCUR MED EXP (Any or*person) 8 5,000 X ASBESTOS/LEAD.ABATE PERSONAL&ADV INJURY s 1,000,000 X POLLUTION LIABILITY GENERAL AGGREGATE $ 7,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 1,000,000 X POLICY F7 PR LOC AVTOMOBILZ LIABILITY ADY-6744779-00 .2/603 2/0/07 COMBINED SINGLE LIMIT g '� 000,000 B ANY AUTO (Ea acddenL) ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUT06 (Per person) X HIRED AUT03 BODILY INJURY S X NON-OWNED AUTOS (Par acckiant i ! PROPERTY DAMAGE (Per accident) GARAGE UABiUTY AUTO ONLY•EA ACCIDENT E ANY AUTO _ OTHER YHAN EA ACC S AUTO ONLY: AGG $ EXCESS/UMBRELLA LIAe'uTY 12 EMX A3740 00 ' 213106 213107 EACH OCCURRENCE s 4,0_00,000 A OCCUR CLAIMS MADE i AGGREGATE i 4,000,000 $ DEDUCTIBLE i $ I RETENTION $ $ WORKER"8 COMPPNSATION ANO 0001142280 2125/08 2125107 X C EMPLOYERS'LIABILITY I EL EACH ACCIDENT S 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ' OFFICERIMEWMR EXCLUDED? If yea,describe ender EL D16EASE-F.4 EMPLOYEE $ 1,000,000 SPECIAL PROVISIONS bebw EL DISEASE•POUCY LIMIT Is 1,000,000 OTHER I DESCRIPTION OF DPERATIONS/LOCA7ION6NEHICLES(EXCLUSIONS ADDM BY END0R6EMENT/6PEQlAL PROVISIONS PROJECT#DEM 06-02:HSC.. FORMER HARLEY SERVICE CENTER j CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL IN$URK) WITH A WAIVER OF SUBROGATION IN THEIR FAVOR AS REQUIRED BY WRITTEN CONTRACT. is I CERTIFICATE HOLDER CANCELLATION 151O.ULD ANY OF THE ABOVE DESCR(SPO POUQGtE5 EE CwVOELLEO BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 C)AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDERI;NAMED TO THE LEFT,BUT FAILURE YO DO SO SHALL CITY OF FORT WORTH IlArd)SE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 THROCKMORTON RE+'REbENTATI FORT WORTH, TX 76102 AUTHORIZED RE s a INCE 25(2001/08) 88 �s i Z�/Ze �Jr/r-J A:1NgL1H I IH.kM 0 T:TTE700C +.T •nT nn— +rte +nn JUN. 16, 2006 8:50AN1 NO. 3945 F. 2 CORD. CERTIF9 07/43/2006 d66/1&//16/2000&06 ATE OF LIABILITY INSURANCE DA PRODUCER THIS CERTIFICATE IS ISSUED As A MATTER OF INFORMATION LOCKTON COMPANIES OF DS .� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 717 N.HARWOOD,L8#27 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DALLAS TX 75201ALTER THE COYE AGE EEMIJ21Y THE POLICIES REL A 214-969-6700 INSURERS AFFORDING COVERAGE INSURED INSURERA: Hud50InsuranceCo. 1048366 Effective Environmental,Inc Attn:Cheryl Woodham INSURE Insurance Co. 2515 Beltline Road z AXIS Sped surance Co. Balch Springs TX 75181RER D'Hutford Lloyds _- 1 x Mutual Insurance Co. THIS CERTIFICATE OF INSURANC DOES NOT CONSTITUTE A CONTRACT 6ETWEEN THE ISSUING COVERAGES EFFENDI JA H R12ED REPRESENTA UCER AND THE CERTIFICATE HOLD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY RECUIREMENT, TERM OR CONDITIO q OF ANY CONTRACT OR OTHER DOdUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE N IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN M Y HAVE BEEN REDUCED BY PAID Cl MS.INSR EE ���� LTR TYPE OF INSURANCE POLICY NUMBER DAGIE NIMFDDCIYYI DATE MMPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 51000,000 A X COMMERCIAL GENERAL LIABILITY F' C6107190 .06/19/2406 05/19/2007 FIREDAMAG An rite 6 50000 CLAIMS M40C [K] OCCUR MED EXP(Arty oneperson) 5 $'000 X Pollution Liability I PERSONAL&ADV INJURY a 5 000 000 GENERAL AGGREGATE s 5000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 5 5000 000 POLICY JECT 7 LOC AUTOMOBILE L ABILITY B ANY AUTO F CATOG44002($1M) 03/19!2006 05/19/2007 D SINGLE LIMIT $ 5 DQD,D{10 Es acc-Ideldenl) C ALL OWNED AUTOS r,6,U700225012006(5;4M XS$1M 05/19/2006 05/19/2007 BODILY INJURY B X SCHEDULED AUTOS CLUDES MCS-90 ENDT (Par Parson) XXX7{XXX X HIREDAUTOS BODILY INJURY 3 XXXXx)lX X NON-QWNEDAUTOS (POriCGIdaM) X 55000 Collision Dcd X $5000 Com Ded (ROPERTY DAMAGE $ XXXXXXX Per accident) GARAGE UABLr Y AUTO ONLY.EA ACCIDENT s xxxxXXX ANY AUTO T APPLICABLE OTHER THAN EB P9 XXXXXXX AUTO ONLY: AGG S XXXXXXa EXCESS LIABILITY EACH OCCURRENCE S XXXXXXX OCCUR 7 CLAIMS MADE OT Al'PLICABI.E AGGREGATE s XXX}IXXX UMBRELLA XXXXXXX DEDUCTIBLE FORM XXXXXXX IWCSRETENTION s S XXXXXXX B WORKERS COMPENSATION AND 5 POO113644020050923 09/23/2005 09/23/2006 X TO Y LIhOI EMPLOYERV LIABILITY E.L.EACH ACCIDENT 9 500,000 E.L.NSEASE-EA EM QYE,E $ 500,000 E,L.DISEASE-POLICY LIMIT 3 500,000 D OTHER 4 SBABD6076 07/03/2005 07/03x2006 Business PawnoI Prop$1,600;Computers Property $23,000: $250 Ded i DESCRIPTION OF OPE RATIONSILOCATIONONEH1 SUXCLU$IQN$ADDED BY ENDORSEMENT! PEC1AL PROVISIONS RE: HARLEY STREET SERVICE CENTE PROJECT. CITY OF FORT WORTH IS:NAMED AS ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION.FORMER HARLEY SER ICE CENTER,3409 HARLEY AVENUA FORT WORTH,TEXAS CONTRACT/PRQJECT#: DEM 06-02: 1-LSC. Ct&DfLCATE HOLDER X .ADDI NAL INUURLD•INSURER LETTER: ANC ELLATION 2597989 :$HOULD ANY OF THE AOOVE DE$GRIRED POLICIES BE CANCELLED BEFORE THE EXPIRATION INTERCON ENVIRONMENTAL 2214 FM 1187,BLDG#6 IOATE THEREOF,THE ISSUING INSURER WELL ENDEAVOR TO MAIL �� DAYS WRITTEN MANSFIELD TX 76063 NoncE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPO$E NO OBLIGATION OR LIABILITY OF ANY IUND UPON THE INSURER, ITS AGENTS OR 'REPRESENTATIVES. ' AUTHORIZED REPRESENTATIVE ACORD 25-5(7/97) Fer vu"H m,miwefl�o 1114 C9+177cAh aanlae the number ii"In tP1'Fr 4u r mecdon abors and/p4r7PJ Itia&ant ood-WFEN01'. dt ACORD CORPORATION 1988 ATE(MM/OD/YYYY) AcaND_ CERTIFICATE OF LIABILITY INSURANCE :i�Fl06/16/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe 6 Monroe Insurance Agen HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2921 Galleria Dr. , Suite 102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Arlington TX 76011 Phone: 817-640-5035 Fax:817-640-0131 INSURERS AFFORDING COVERAGE NA1C # INSURED 1114SURERA: Mid--Continent Casualty Co. INSURER B: Texas Mutual_ Insurance Co. Unified Services of Texas INSURER C: American International Group Marshall Ryyan _ P 2110 Greenbriar INSURER D: The Hartford------------- 00914 South 1 ak e TX 76092 E: The-----r-------------- (INSURER Hanover Insuance Grov — ^ COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR SI SRd TYPE OF INSURANCE I POLICY NUMBERpATrEYMMIDDIYY E !PDATE(MMP DIYY)N LIMITS GENERAL LIABILITY EACH OCCURRENCE 51,000,000, -DATJiAGEF1Et7TEU"---+ A X COMMERCIAL GENERAL LIABILITY 04GL621757 02/24/06 02/24/07 PRE MIS_ES(Eaoccurence) s 100,000. CIAIMS MADE �OCCUR MED EXP(Any one person] 5 0 X Pollution Liab I PERSONAL R ADV It JURY S l,000,000. X Professional Liab I GENERAL AGGREGATE 152,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG I S 2,000,000. X�POLICY 1 PRO- [— I LOC JECT AUTOMOBILE LIABILITY E X ANY AUTO lAED874953100 02/24/06 02/24/07 COMBINED(Eaaaccident)SINGLE LIMIT 51,000,000 ccid ALL OWNED AUTOS _ BODILY INJURY S SCHEDULED AUTOS I(Per person) HIRED AUTOS BODILY INJURY III NON-OWNED AUTOS ' (Per accident) s L -_ PROPERTY DAMAGE 5 (Per accident) GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT 15 ANY AUTO OTHER THAN _EA ACC S AUTO ONLY: AGG S i EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE SlO 000,000 C XX�OCCUR CLAIMS MADE BE3836219 02/24/06 02/24/07 AGGREGATE_ 5 10,000,000 DEDUCTIBLE S RETENTION $10,000 S WORKERS COMPENSATION AND XTORY LIMITS I ER B EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE TSF0001166066 02/24/06 02/24/07 E.L.EACH ACCIDENT sI,D00,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under —`- - SPECIAL PROVISIONS below E.I.DISEASE-POLICY LIMIT S 1,0 00,000 OTHER A Leased Rented Equi 041M14172 02/24/06 02/24/07 Per Item 285,000 D Property 46SBABC7052 02/24/06 02/27/07 Per Loc 285,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Worth is additional insured per attached ML1081 (0301) on the GL policy if required by written "insured contract" as defined on ISO form CG0001 (1204) and named in favor of waiver of subrogation on the GL. Ref: Former Harley Service Ctr; 3409 Harley Ave; Ft Worth, TX Contract# DEM 06-02: HSC CERTIFICATE HOLDER CANCELLATION INTERCO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Intercon Environmental Inc 2214 FM 1187, Bldg 6 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Mansfield TX 76063 REPRESENTATIVES. A rr RIZED RECU4 ENTAiI ACORD 25 (2001108) C ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) initial Ok �04, 2.14 CONTRACTOR'S LICENSES & CERTIFICATES Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, except for TDSHS notification and fees as specified in Section 2.4.7 of this Invitation to Bid. The undersigned acknowledges the requirements of this section, and intends to comply with same in the execution of this project. CONTRACTOR: Intercon Environmental, Inc. BY: Karen Andrews Company Name ( int or type name of signatory) 2214 FM 1187, Building 416 Address (Signature) Mansfield, Texas 76063 President City, State, Zip Title(print or type) 2-24 a �:. �t owl 44. M� _r � r?':� . ".. - v Q HE A " I r O. ITWR; ate. at t & 4 o5 ^ [-� MR: _y p; M r4 A to rr ct pp U Ma� asas I� o a Q w U W W � " v U .. . � U Z •� O , °) bb V Z 73 ~ $�, •F p T i = H W > LU �- � bb v' Ct • o Z "� 7 , �••� M o A M a W Cd u m =0 : W M /�1 l7 �C711 1 N M a ? W 'a.. �. tis ith •' aIc S t fib ` H 3 £ 1.4 W X �a r MAY-11-2006 0y:ltj t-Kuri: LU 00 cin N CA 4t ho ti b i i C2 v •� i � Ci v O rx)CIZ e cn h Qn .. o tl ° ?a Q0 1� H a b c o f> w •� � d w F- initial i.s 2.15 CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY Contractor's legal and compliance history is a critical component of this Request For Proposals. Read this section with care and respond accordingly. Failure of the Contractor to provide all the information requested and to certify the report, will result in the Contractor's submittal being declared non-responsive. Contractor shall attach a written report of legal action brought against Contractor, Contractor's officers, Contractor's employees, AND Contractor's proposed subcontractors relating to the protection of the environment. The terms "legal action" and "relating to the protection of the environment"are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Request for Proposals. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines,judgments, and/or settlements. Include the following information for each case at a minimum: • Style of Case ( X vs. Y ) Settlement Information (as appropriate) • Cause Number Names/Addresses of all parties named • Court Counsel List and phone numbers • Date of Disposition Judgment and Order of Judgment "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relating to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the form on the following page. The top portion of the form is to be completed if a report of legal action is attached. The bottom portion of the form is to be completed if Contractor has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed. 2-25 initial AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION PAGE AND BOUND WITHIN THE PROPOSAL �a l i.�l l ju zb V J:'✓ initial N' Certification of Contractor's Legal and Compliance History Complete ONE of the Following Certifications: Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor's, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: (Company Name) BY: (signature) (print or type name of signatory) (title) (date) omkl Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees, or Contractor's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: Intercon Environmental, Inc. (Company Name) BY: Karen Andrews (signature) (print or type name of signatory) President May 17, 2006 (title) (date) 2-27 initial �Omw� 2.16 ADDITIONAL DOCUMENTS UPON AWARD OF CONTRACT If we are a successful Contractor to this bid, we agree to submit the following documentation, as applicable for our portion of the contract, to the City of Fort Worth upon award of the contract: — Health and Safety Plan — Lock-Out/Tag-Out Plan Procedures — Respirator Program — Hazard Communication Program CONTRACTOR: Intercon Environmental, Inc. BY: Karen Andrews Company Name (print or type name of signatory) 2214 FM 1187, Building #6 am-e�� Address (Signature) Mansfield, Texas 76063 President City, State, Zip Title(print or type) PLEASE DO NOT ATTACH COPIES OF THESE DOCUMENTS TO YOUR BID 1 M.., tercon ENVIRONMENTAL, INC. 2214 FM 1187 . Building 6 Mansfield Texas 76063 Telephone (817) 477-9995 . Facsimile (817) 477-9996 www.intercon-environmentai.com Prepared for City of Fort Worth; DEM06-02: HSC Proposal for: Asbestos Abatement, Aboveground and Underground Storage Tank Removal for Former Harley Service Center 3409 Harley Avenue Fort Worth, Texas Statement of Qualifications Intercon Environmental, Inc. has over the past few years, completed more than $500,000.00 worth of work for the City of Fort Worth. In addition to our company possessing contractor licenses for Asbestos Abatement, Lead and Lead Based Paint Abatement and Mold Remediation, we also have the capabilities to perform re- construction and rebuild, respond to emergencies, and perform general construction improvements. Intercon Environmental, Inc. has completed numerous projects such as floor the installation, demolition, lead and mold decontamination, wall and ceiling installation and painting projects. Our abilities are only limited by your needs. All projects that were completed for the City of Fort Worth were on schedule; and in actuality 70% of the projects were completed well ahead of schedule. Intercon's team members have performed emergency clean-ups and rebuilds due to damages caused by other contractors with a response time being less than two hours. Each and every project was completed to the owners' total satisfaction. We take pride in every project we do. Over the last three years, the team members of Intercon Environmental, Inc. have completed more than 140 projects for various school districts, local, state and federal ,Omsk government agencies. Bid Documents/Specific/SOQ- City of Fort Worth City of Fort Worth Page 2 of 7 tercon ENVIRONMENTAL,INC. Intercon Environmental, Inc. has never ignored a request for service, even a last minute issue. We have also never requested a change order for work we contracted to complete. Our team members have been in the Dallas / Fort Worth market for over 15 years, specializing in all aspects of the asbestos, lead and mold abatement industries. Intercon maintains nine full time employees to handle the needs of our clients and ensure that we can meet or exceed any project demands. Our telephones are answered 24 hours a day by knowledgeable company personnel with the ability to mobilize personnel and equipment to a project site at a moments notice. Intercon Environmental, Inc. has developed in-house sources for work normally subcontracted to other firms. We have found this to be more reliable, efficient and effective in meeting the needs of our clients. By self-performing tasks, we have a much greater control on meeting deadlines and maintain a consistency of high quality work and customer satisfaction. We cover every aspect of the abatement process from moving furniture to rebuilding or demolishing the facility. We maintain no minimum or maximum quantities of work. Our fleet of trucks helps us to get in and out of project sites quickly. During peak abatement seasons, we have the resources to obtain additional supervisors and workers from a select pool. Currently, we have the resources to staff and conduct six large abatement projects simultaneously. With additional workers from the pool to supplement our own staff, we can effectively staff up to ten projects concurrently. Our Project Managers are available at all times. All projects, large or small, are managed with the same urgency and attention. We process project closeout documents usually within 2-business days of project completion. Intercon Environmental, Inc. has never missed a project deadline or failed to complete a project to the complete satisfaction of the building owner. Bid Documents/Specific/SOQ- City of Fort Worth City of Fort Worth Page 3 of 7 tereon ENVIRONMENTAL,INC. Firm's local address: Intercon Environmental, Inc. Corporate/Main Office: 2214 FM 1187, Building #6, Mansfield, Texas 76063 Telephone: (817) 477-9995, Facsimile: (81 7) 477-9996 Officers: Karen Andrews, President / CEO Karen Andrews Over 14 years experience in the abatement industry; possesses a Bachelor of Science in Biology with a minor in Chemistry. Licensed by Texas Department of State Health Services for Lead Abatement Supervisor; through experience in field operations and lab analysis she maintains an expertise in all facets of the asbestos and lead industry. Jerrold Andrews Over 23 years of experience in Business Management, 13 years in the Environmental Industry. Extensive experience and knowledge in Demolition, Construction, Project Management, General Contracting, Asbestos Abatement, Mold Remediation, Lead Abatement, Hazardous Chemical Disposal and PCB removal. Interactive with clients and suppliers, oversees financial and operational aspects of the business. Fernando Avila 20 years in Business Management, 13 years in Environmental Management, Licensed by Texas Department of State Health Services for Asbestos and Mold Abatement Supervisor, handling a magnitude of projects including Demolition, Asbestos, Mold and Lead Abatement. -- Jose Contreras 17 years experience as licensed supervisor managing his crews over projects comprising of Demolition, Asbestos Abatement, Mold Remediation and Lead Abatement. Hector Medina 17 years experience as licensed supervisor, directing crews over Demolition, Asbestos Abatement, Mold Remediation and Lead Abatement projects. Orlando Navarro 6 years experience as licensed supervisor overseeing crews performing Demolition, Asbestos Abatement, Mold Remediation and Lead Abatement projects. Bobbie McFadin 32 years of experience in all aspects of the transportation industry possessing a thorough knowledge of current transportation industry regulations and procedures combined with years of experience in the Environmental Industry. red a�ndrews� Tye Jerrol&Arutrews s Jesse Andrews ��<�lioe .��den� IT SnecialEst Angelica F'etruzz d' erarrcta AYtla Executive U1ce i'res�ent; Bob McFachn >at riaast , Ffse#Maaaer taoies WU�` n elaretouse dose Contferas` _ 1 lector Medina S�geri�s�r'.r.. $A14��V1�0t' cC.revr '.view; Bid Documents/Specific/SOQ- City of Fort Worth flame City of Fort Worth �� Page 4 of 7 tereon ENVIRONMENTAL,INC. Copy of Supervisor Licenses Carni R ent (� y red# [# atlren# # # certifies that: AY�j Fm Abatement u'Rel NOT � i t'•IISe � $ e $ X 502 t, 0 f �t:: r Coti' 1�fl" far : # Control t3 t at r• �• � tilt U'- .tt#.Of �rtat #: # rtifws that: I� . r ' Asibis AJWt$l tE'31t Su tCrvi ni e seeet el' =802 t' ;$ � _. J t x ,, ; *. Control No; � s T ,�.,'� S �` Control No; * 83924 * # "2b tc�.h Services ;? a Crit of Sate certifies that. DeEy.►r stent of StateFAD eutt S ices certifies that: ' she- o% ;��3:lif'mem til wr%iS*r .t�s�11�tQS r'�.it?�t@dTti�it�. �r'►7�pT . �trese yNm 836Is+� Tume". $ 5 A. Ttr:�c 01,13ftt tl8•:. 'EE " ...7 f 1, 1200 r•-. �- Bid Documents/Specific/SOQ- City of Fort Worth City of Fort Worth Page 5 of 7 tcrcon ENVIRONMENTAL,INC. Intercon Environmental, Inc. has successfully completed projects for the following governmental and educational institutions: Federal Government Abilene National Guard State Government Texas Department of Transportation County Government Dallas County Tarrant County City Government City of Fort Worth City of Arlington City of Carrollton City of River Oaks City of Dallas City of Garland City of University Park City of Lancaster City of Dallas Love Field Aviation Dept. City of)acksboro EDC Colleges and Universities Austin College Grayson County Community College University of North Texas Denton Grayson County College Texas State Technical College School Districts Birdville Independent School District Fort Worth Independent School District Richardson Independent School District Housing Authorities Grapevine Housing Authority Linden Housing Authority Mabank Housing Authority Balmorhea Housing Authority Teague Housing Authority Temple Housing Authority Groesbeck Housing Authority Bid Documents/Specific/SOQ- City of Fort Worth City of Fort Worth \ Page 6 of 7 to rco n ENVIRONMENTAL,INC, Current License and Certifications: Program Name Certification Number Expires NCTRCA - DBE WFDB23227NO605 06/30/06 SCTRCA - SBE, DBE, WBE 204-10-4202 12/05/06 SCTRCA; City of Austin - DBE, WBE 204-10-4202 12/05/06 State of Texas - HUB 1522437774500 03/11 /08 Women's Business Enterprise 234367 01 /31 /07 Texas Department of State Health Services License Number Expires Contractor Asbestos Abatement License 80-0805 02/05/07 Asbestos Transporter License 40-0336 02/05/07 Contractor Lead Abatement License 2110368 09/02/07 Mold Remediation License RC001 36 01 /25/08 Texas Residential Construction Commission Builder Number Expires Registered Builder 16680 02/28/08 Louisiana Dept of Environmental Quality License Number Expires Asbestos Removal & Abatement 42608 12/31 /06 Asbestos Contractor / Supervisor 75001993 04/26/07 Bid Documents/Specific/SOQ- City of Fort Worth City of Fort Worth St �l Page 7 of 7 tercon ENVIRONMENTAL,INC. Insurance: General Liability Policy Number Expires Arch Specialty Insurance Company 12 EMP 43513 00 02/03/07 $4,000,000.00 Includes Pollution Liability Worker's Compensation Policy Number Expires Texas Mutual Insurance Company 1142280 02/25/06 $1 ,000,000.00 Automobile Liability Policy Number Expires Hired Autos & Non-Owned Autos The Hartford Insurance Company l OUENTS3006 02/06/07 $1 ,000,000.00 Excess General Liability, Additional Insured and Waiver of Subrogation insurance is available upon request. Bank References: Wells Fargo 1640 West Henderson Cleburne, Texas 76031 Mr. Bart Cannon - (81 7) 556-5108 Credit Rating Information: Dun & Bradstreet Rating: BB2 Paydex: 80 Duns# 143048119 (866) 705-571 1 Bid Documents/Specific/SOQ- City of Fort Worth V OVA L4 tercon ENVIRONMENTAL, INC. 2214 FM 1187 Building 6 Mansfield Texas 76063 Telephone (817) 477-9995 . Facsimile (817) 477-9996 mail@intercon-environmental.com www.intercon-environmental.com Previous & On-Going Demolition Projects 1. Project Name / Location: Annual Price Agreement Completion date: On-Going Client / Owner Information: Tarrant County Project Cost: As-Needed Basis Contact Information: Jeanne Green; (81 7) 884-1177 Scope of work: Demolition 2. Project Name / Location: 1 1 3 North Main,Jacksboro Completion date: 05/06 Client / Owner Information: Jacksboro Economic Develop. Corp. Project Cost: $22,000.00 Contact Information: Fred Calhoun; (940) 567-2611 Scope of work: Demolition of back three walls of a historic asbestos-containing structure; requiring shore-up of front wall for rebuild 3. Project Name / Location: 924 Evans / Fort Worth Completion date: 03/06 Client / Owner Information: City of Fort Worth Project Cost: $17,900.00 Contact Information: Roger Grantham; (81 7) 392-8592 Scope of work: Residential demolition 4. Project Name / Location: American Airlines area @ Love Field Completion date: 02/06 Client / Owner Information: City of Dallas Aviation Department Project Cost: $6,000.00 Contact Information: Sam Peacock; (214) 670-6654 Scope of work: Demolition of structural steel 5. Project Name / Location: Residence @ 1420 Randol Mill / Keller Completion date: 01/06 Client / Owner Information: Tarrant County Project Cost: $7,950.00 Contact Information: Jeanne Green; (81 7) 884-1177 Scope of work: Residential demolition 6. Project Name / Location: Residence @ 2260 Johnson Road / Southlake Completion date: 11/05 Client / Owner Information: Tarrant County Project Cost: $2,130.00 Contact Information: Jeanne Green; (817) 884-1177 Scope of work: Residential demolition 7. Project Name / Location: Mountain Creek Power Plant / Dallas Completion date: 12/04 Client / Owner Information: PALCO Project cost: $45,246.04 Contact Information: Ricky Rogers; (972) 223-7676 Scope of work: Demolition of former diesel fuel tanks BidDocs/DemoProjects Demolition Projects Page 2 of 2 <,.� ! 1tercon ENVIRONMENTAL,INC. 8. Project Name / Location: Our Lady of Guadalupe Church / Morgan Completion date: 10/05 Client / Owner Information: Catholic Diocese of Fort Worth Project Cost: $12,900.00 Contact Information: Gary Fragosso; (81 7) 560-2452 Scope of work: Demolition of an asbestos-containing structure 9. Project Name / Location: 1-30 & Horne / Fort Worth Completion date: 09/05 Client / Owner Information: James R. Harris Partners Project Cost: $48,000.00 Contact Information: Dana Barnes; (817) 332-9600 Scope of work: Load/haul off six demolished asbestos-containing structures and complete demolition of two structures 10. Project Name / Location: 2219 Coit Road, Ste 12C / Plano Completion date: 12/04 Client / Owner Information: B. Haws Company Project Cost: $1,800.00 Contact Information: Buster Haws; (817) 236-2400 Scope of work: Commercial interior demolition 11. Project Name / Location: 3209 Premier Drive, Ste 101 / Plano Completion date: 11/04 Client / Owner Information: B. Haws Company Project Cost: $1,800.00 Contact Information: Buster Haws; (81 7) 236-2400 Scope of work: Commercial interior demolition 12. Project Name / Location: RISD Academy / Richardson Completion date: 06/04 Client / Owner Information: Richardson Independent School District Project Cost: $25,700.00 Contact Information: Melanie Rhea; (469) 593-0044 Scope of work: Interior demolition 13. Project Name / Location: Annual Price Agreement Completion date: P.O. Issued Client / Owner Information: Texas Dept. of Transportation Project Cost: $3,295,385.00 Contact Information: Sara McFadin; (214) 320-6147 Scope of work: 6-County Demolition Price Agreement 5 6tercon ENVIRONMENTAL, INC. 2214 FM 1187 Building 6 Mansfield Texas 76063 Telephone (8 17) 477.9995 . Facsimile (8 17) 477-9996 mail@intercon-environmental.com www.intercon-environmental.com Contractor's Work History with the City of Fort Worth Project Name Project Location Contract Amount Former Cowtown Inn 6855 East Lancaster Street, Fort Worth,Texas 76112 $365,880.00 Public Safety Building 1000 Throckmorton Street, Fort Worth,Texas 76102 $1,726.00 Hillside Community Center 1201 East Maddox Avenue, Fort Worth,Texas 76104 $10,698.90 Parks&Recreation S. District Service Center 5201 James Avenue, Fort Worth, Texas 76115 $13,155.00 RD Evans Recreation Center 3200 Lackland Road, Fort Worth,Texas 76116 $476.40 Meacham Airport Hangar 11 N 201 Aviation Way, Fort Worth,Texas 76106 $69,717.10 City Hall Physical Plant 1000 Throckmorton Street, Fort Worth,Texas 76102 $1,995.00 Fire Station#6 205 University Drive, Fort Worth,Texas 76107 $798.00 Fire Station#12 120 NW 22nd Street, Fort Worth, Texas 76106 $1,222.50 Fire Station#26 6124 Hulen Street, Fort Worth Texas 76113 $1,197.25 Fire Station#29 6400 Westcreek Drive, Fort Worth Texas 76133 $913.00 Convention Center Arena/Exhibit Hall 1111 Houston Street, Fort Worth, Texas 76102 $3,957.00 City Hall-2nd Floor 1000 Throckmorton Street, Fort Worth, Texas 76102 $2,258.50 Police South Division 3128 West Bolt Street, Fort Worth,Texas 76133 $1,206.50 RD Evans Recreation Center 3200 Lackland Road, Fort Worth,Texas 76116 $446.80 Convention Center 1111 Houston Street, Fort Worth, Texas 76102 $9,130.00 Convention Center Emergency 1111 Houston Street, Fort Worth, Texas 76102 $2,132.00 Community Arts Center 1309 Montgomery Street, Fort Worth, Texas 76107 $1,214.00 Northside Community Center 1851 Harrington Avenue, Fort Worth, Texas 76106 $20,350.00 Public Safety Building Municipal Complex 1000 Throckmorton Street, Fort Worth, Texas 76102 $1,707.00 Residential Demolition 924 Evans Avenue, Fort Worth,Texas 76104 $17,900.00 Meacham Airport 4201 North Main Street, Fort Worth, Texas 76106 $730.40 Will Rogers Memorial Center Coliseum 3401 West Lancaster Avenue, Fort Worth, Texas 76107 $1,395.25 Fort Worth Community Art Center 1309 Montgomery Street, Fort Worth, Texas 76107 $1,560.50 Fire Station#2 1000 Cherry Street, Fort Worth,Texas 76102 $1,264.00 Intercon/BidDocs/CityFW-W or kHistory City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 6/13/2006 - Ordinance No. 16992-06-2006 DATE: Tuesday, June 13, 2006 LOG NAME: 52HARLEYUSTASTS REFERENCE NO.: C-21511 SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Contract with Intercon Environmental, Inc. for the Removal of Underground and Above-Ground Storage Tanks at Former Harley Service Center RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with Intercon Environmental, Inc. to remove underground and aboveground storage tanks at Harley Service Center with a not-to-exceed amount of$188,781.00; 2. Approve the transfer of$188,781.00 in undesignated funds in the Environmental Management Operating Fund to the Environmental Management Project Fund; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund by $188,781.00. DISCUSSION: The Harley Street compound has four underground storage tanks and three aboveground storage tanks to be removed. The three aboveground storage tanks contain asphalt emulsion requiring disposal. The Department of Environmental Management is contracting for removal of these underground and aboveground storage tanks and disposal of the asphalt emulsion. A Request for Bid (DEM 06-02: HSC) was advertised on April 13, 2006. Bids were submitted by four licensed contractors on May 18, 2006 Underground Storage Tank Removal ARC Abatement' $37,560.00 Eagle Construction and Environmental' $81,000.00 Lone Tree Resources and Consulting' $95,185.00 Intercon Environmental, Inc. $99,781.00 Aboveground Storage Tank Removal and Content Disposal: ARC Abatement' $46,049.79 Eagle Construction and Environmental' $52,200.00 Intercon Environmental, Inc. $89.000.00 Logname: 55SPINKS RAMP Page I of 2 The firms marked with (*) were deemed non-responsive as they failed to submit the required information for M/WBE participation at the time of bid submission or within 5 business days after submission of the bids. Although most expensive, Intercon's bid is within the estimated level of effort required for subcontracted removal and disposal services. The contract is based upon the time and materials utilized to remove this material. Staff will work closely with contractors to ensure that all efficiencies are realized Staff recommends award of the contract to Intercon Environmental, Inc. Intercon Environmental, Inc. is in compliance with the City's M/WBE Ordinance by committing to 41% M/WBE participation. The City's goal on this portion of the project is 15%. Work on the project is expected to begin June 14, 2006. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the, as appropriated, of the Environmental Management Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers R101 539120 052200609000 $188,781.00 R103 538070 0521100 $188,781.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: Robert Goode (7800) Additional Information Contact: Brian Boerner (6647) Logname: 55SPINKS RAMP Page 2 of 2