HomeMy WebLinkAboutContract 37143 CITY
CONTRACRENpRY .
CONTRACT-
Between
CITY OF FORT WORTH
and
INTERCON ENVIRONMENTAL, INC.
For
Demolition and Removal of Asbestos Containing
Material and Demolition of Four Structures at
1009 Evans Avenue
Fort Worth, Texas
Environmental Management Department
May 2008
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05-30-08 P12:42 IN
STATE OF TEXAS § CITY OF FORT WORTH
COUNTY OF TARRANT §
CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION OF
FOUR STRUCTURES LOCATED AT 1009 EVANS AVENUE
- 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 Carl Smart, its
duly authorized acting assistant city manager, and Intercon Environmental, Inc. a
Texas corporation, acting through Karen Andrews, its duly authorized president
(°Contractor').
WHEREAS, the City desires to conduct a project for demolition and removal of
asbestos containing material and demolition of four structures located at 1009 Evans
Avenue, Fort Worth, Texas; and
WHEREAS, the City desires to hire a professional firm knowledgeable and experienced
in conducting such asbestos removal, transportation, disposal and demolition; and
WHEREAS, the Contractor has represented that it is knowledgeable and experienced in
conducting such an asbestos removal, transportation, disposal and demolition project.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
1.
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows;
Asbestos shall mean the asbestiform varieties of chrysotile, amosite, crocidolite,
tremolite, anthophyllite, and actinolite and all materials containing one percent or more
of any of those substances.
Asbestos-Containinq Material (ACM) shall mean materials or products that contain more
than one percent (1.0%) of any kind or combination of asbestos, as determined by
., Environmental Protection Agency (EPA) recommended methods as listed in Section 40
of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763
Subpart E, Appendix A. This means any one material component of a structure.
3
Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away
asbestos containing material (ACM).
City's Representative means the Director of Environmental Management, or the
Director's designee.
Contract shall mean this document, and the Contractor's Response to the Invitation to
Bid DEM08-09:1009 E/R attached as exhibit "A" and all ancillary documents.
Contractor shall mean Intercon Environmental, Inc.
Director shall mean the Director of the City of Fort Worth's Environmental Management
Department.
Invitation to Bid (ITB) shall mean the City's Invitation to Bid DEM 08-09:1009 E/R incorporated
as part of the Contractor's Response to the ITB.
NESHAP shall mean the United States Environmental Protection Agency National
Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61.
Notice to Proceed means the letter issued by the City that authorizes Contractor to
begin work. It also authorizes future invoices to be paid.
Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos
material, (b) Category I non-friable ACM that has become friable, (c) Category I non-
friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading,
or (d) Category II non-friable ACM that has a high probability of becoming or has
become crumbled, pulverized, or reduced to powder by forces expected to act on the
material in the course of demolition or renovation operations.
Subcontract means a contract between the Contractor for this project and another
person or company for any task defined in the scope of work. A purchase order is also
considered a subcontract.
Substantial Completion means the date when the removal is sufficiently completed in
accordance with the Contract Documents, as modified by any change orders agreed to
by the parties, so that the City can occupy the project or specified area of the project for
the use for which it was intended.
2.
SCOPE OF CONTRACTOR'S SERVICES
A. The scope of work shall include the furnishing of all labor, materials and
equipment necessary for the removal of all asbestos-containing materials
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("ACM)" according to specifications outlined by the City or it agent and to perform
the demolition and disposal of four structures located at 1009 Evans Avenue.
The scope of work includes:
• removal of—4,000 square feet of joint compound from ceilings and sheetrock walls;
removal of—1,200 square feet of floor tile and associated mastic;
removal of—4,000 square feet of ceiling and wall texture;
• demolition of each of the four structures (main, middle, east, and southeast and
disposal of demolition debris in the appropriate disposal facility; and
• grading of the site after foundations have been removed.
B. The scope of work includes the removal, transportation and disposal of
the following asbestos-containing materials and asbestos contaminated
materials in accordance with all Federal, State, and local rules,
ordinances and regulations.
C. Prior to commencement of work, notify appropriate utility companies to
disconnect the gas service lines at the main, the water service at the
meter and disconnect electrical service lines at the pole at each location.
D. Prior to commencement of any work under this contract, Contractor must
obtain a wrecking permit (within seven (7) calendar days after the notice to
proceed) to demolish all of the specified buildings at the site from the
Department of Development, telephone (817) 392-2222.
E. Prior to commencement of any work under this contract, obtain from the
Code Compliance Department a written notice to proceed.
F. Upon completion of the work, Contractor shall obtain a final inspection on the
wrecking permit, from the Building Inspection Division in the Department of
Development.
G. Protect the work site as necessary with barriers, lights, safeguards or warnings.
._ H. Contractor agrees to protect and leave in good condition all sidewalks and
curbs. If before any demolition work is commenced, or heavy equipment
is moved to the work site, the sidewalks or curbs are crushed, broken, or
-- in general disrepair, the contractor agrees to take photographic evidence
of the condition prior to moving any heavy equipment to the work site.
I. Demolish and remove any signs at the site as well as demolish improved surface
parking areas.
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J. Remove all demolition debris, junk, trash, debris and salvageable materials from
the site.
K. Remove and dead trees and dead shrubs from the site.
L. Fill any holes in the terrain resulting from any of the above work with clean fill and
grade the entire lot, ensuring that low areas are filled to prevent the pooling of
water.
M. Sweep dirt and debris from the sidewalk and street that accumulate during
loading and removal.
N. Clean and remove all debris, trash, rubbish and any other solid waste from the
demolition premises to a state licensed disposal site or to a properly permitted
landfill site at Contractor's expense.
O. Contractor shall perform, in a good and professional manner, the services
contained in this Contract.
3.
SCOPE OF CITY SERVICES
A. Coordinate with facilities, City departments, and any tenants for access to the
site;
B. Prepare and revise all notifications necessary to the Texas Department of State
health Services Health (TDSHS) for the work provided herein;
C. Make payment of all applicable TDSHS fees;
D. Give timely direction to the Contractor; and
E. Render decisions regarding modifications to the Contract and any other issue.
4.
TIME TO START AND TO COMPLETE THE PROJECT
Contractor shall begin work within eleven (11) days of when the Notice to Proceed is
issued to Contractor and shall complete all phases of the work within five (5) days from
the date of commencement of the asbestos abatement activities.
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5.
COMPENSATION
` A. In consideration for the work performed by Contractor under this Contract, City
shall pay Contractor a sum not to exceed $22,250. The City shall not be liable
for any of Contractor's costs in excess of the Not-to-Exceed Amount unless the
City has signed and issued a formal Modification to the Contract.
B. The unit prices for the removal and disposal of asbestos as well as the employee
labor rates shall be as described in Contractor Response to the ITB, attached
herein as exhibit "B".
4 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 demolition and removal of asbestos as described
herein and the work is accepted by the Director.
F. Periodically during the performance of this Contract, the Contractor's Project
Manager shall inform the City's representatives of his/her best estimate of the
expenses incurred to that time. In the event that the estimate approximates the
Not-to-exceed 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.
G. Contractor shall receive no compensation for delays or hindrances to the work,
except when direct and unavoidable extra cost to Contractor was caused by
City's failure to provide information, if any, which it is required to do. When extra
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.
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6.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as
detailed below and will maintain it throughout the term of this Contract. Prior to
commencing work, the Contractor shall deliver to City, certificates documenting
this coverage. The City may elect to have the Contractor submit its entire policy
for inspection.
A. Commercial General Liability Insurance - $1,000,000 each occurrence.
B. Professional Liability Insurance - $2,000,000 each ocurrence.
C. 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
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.
D. Worker's Compensation —
Statutory limits for Worker's Compensation plus
Employer's liability at a minimum:
$100,000 each accident;
$500,000 disease - policy limit; and
$100,000 disease - each employee.
E. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000
per occurrence. EIL coverage(s) must be included in policies listed in items A
and B above; or, such insurance shall be provided under separate policy(s).
Liability for damage occurring while loading, unloading and transporting materials
collected under the contract shall be included under the Automobile Liability
insurance or other policy(s).
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F. The following shall pertain to all applicable policies of insurance (A. through E.)
listed above:
1. Additional Insured Clause: "The City of Fort Worth, its officers, agents,
employees, and representatives are added as additional insureds as respects
operations and activities of, or on behalf of the named insured, performed under
Contract with the City of Fort Worth." The additional insured requirement does
not apply to Workers' Compensation policies.
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
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 thirty (30) Days prior written notice has been given to the
Director of Environmental Management, City of Fort Worth, 1000 Throckmorton,
Fort Worth, Texas 76102." Note: Written notice can be by 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
reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk
Management is required.
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 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.
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.
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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
retroactive date shall be coincident with or prior to the date of the contractual
agreement and the certificate of insurance shall state that the coverage is claims-
made and the retroactive date. The insurance coverage shall be maintained for
the duration of the contractual agreement and for five (5) years following
completion of the service provided under the contractual agreement or for the
warranty period, whichever is longer. An annual certificate of insurance
submitted to the City shall evidence such insurance coverage.
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 limits to be increased or changes in policy categories or
types of coverage, the City shall provide written notice to the contracting party.
The contracting party will have ninety days from the date of notice to comply with
the additional requirements.
7.
INDEMNIFICATION
A. For purposes of this Contract, the following words and phrases shall be defined
as follows:
1. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens, costs, and expenses of investigation and defense of any claim,
whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including
without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred as a result of handling,
collection, transportation, storage, disposal, treatment, recovery, and/or
reuse of asbestos containing materials pursuant to this contract, or the
existence of a violation of environmental requirements pertaining to, and
including without limitation:
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a. Damages for personal injury and death, or injury to property or
natural resources;
b. Fees incurred for the services of attorneys, consultants,
contractors, experts, laboratories and all other costs in connection
with the investigation or remediation of such wastes or violation of
environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance
of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by
any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the
existence of such wastes or violations of environmental
requirements, and including without limitation any attorney's fees,
costs and expenses incurred in enforcing this contract or collecting
any sums due hereunder; and
C. Liability to any third person or governmental agency to indemnify
such person or agency for costs expended in connection with this
Agreement.
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, ordinances, codes, licenses, permits, orders,
approvals, plans, authorizations, concessions, franchises, and similar
items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political
subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of
human health or the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, investigation, and remediation of
emissions, discharges, releases, or threatened releases of
hazardous materials, pollutants, contaminants or hazardous or toxic
substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the air, surface water, groundwater, stormwater, or
land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants,
contaminants, or hazardous or toxic substances, materials, or
wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and
safety of employees or the public.
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B. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR
CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR
DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF
THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS,
AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY
OTHER PERSON OR ENTITY.
C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS
AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE
VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION,
TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR
REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS
PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS
CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE
VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE
RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY.
D. The obligations of the Contractor under this section shall include, but not be
limited to, the burden and expense of defending all claims, suits and
administrative proceedings (with counsel reasonably approved by City), even if
such claims, suits or proceedings are groundless, false, or fraudulent, and
conducting all negotiations of any description, and paying and discharging, when
and as the same become due, any and all judgments, penalties or other sums
due against such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability that Contractor is required
hereunder to indemnify City, City shall provide Contractor with reasonably timely
notice of same.
F. The obligations of the Contractor under this section shall survive the expiration of
this Contract and the discharge of all other obligations owed by the parties to
each other hereunder.
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G. In all of its contracts with subcontractors for the performance of any work under
this Contract, Contractor shall require the subcontractors to indemnify the City in
a manner consistent with this section.
H. In the event that a written claim for damages against Contractor or any of its
subcontractors remains unsettled at the time all work on the project has been
completed to the satisfaction of the City Manager, as evidenced by a final
_ inspection, final payment to Contractor shall not be recommended by the City
Manager for a period of thirty (30) days after the date of such final inspection,
unless the Contractor submits written evidence satisfactory to the City Manager
that the claim has been settled and a release has been obtained from the
claimant involved.
1. If the claim concerned remains unsettled at the expiration of the said thirty-
day (30) period, out of the performance of such work.
2. The City Manager shall not recommend final payment to Contractor if a
claim for damages is outstanding for a period of six (6) months following the
date of the acceptance of the work performed unless the Contractor submits
evidence in writing, satisfactory to the City Manager, that:
a. The claim has been settled and a release has been obtained from the
claimant involved; or
b. Good faith efforts have been made to settle such outstanding claims,
and such good faith efforts have failed.
3. If condition (a) above is met at any time within the six (6) month period, the
City Manager shall recommend that the final payment to Contractor be
made. If condition (b) above is met at any time within the six (6) month
period, the City Manager may recommend that final payment to Contractor
be made. At the expiration of the six (6) month period, the City Manager
may recommend that final payment be made if all other work has been
performed and all other obligations of the Contractor have been met to the
satisfaction of the City Manager. The Contractor may be deemed by the
City Manager to be entitled to a semi-final payment for work completed,
such semi-final payment to be in an amount equal to the total dollar amount
then due less the dollar value of any written claims pending against the
Contractor arising.
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8.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards that are present to persons, property and the environment by removing,
transporting and disposing of asbestos containing materials. Contractor further
warrants that it will perform all services under this Contract in a safe, efficient and lawful
manner using industry accepted practices, and in full compliance with all applicable
state, local and federal laws governing its activities. Contractor also warrants that it is
under no restraint or order that would prohibit performance of services under this
Contract.
9.
LICENSES AND PERMITS
A. Contractor certifies that on the day work is to commence under this Contract, and
during the duration of the Contract, it shall have and maintain current valid and
appropriate federal, state and local licenses and permits necessary for the
provision of services under this Contract.
B. Contractor agrees to require all of its subcontractors used in performance of this
Contract to have and maintain current valid and appropriate federal, state and
local licenses and permits necessary for the provision of services under this
Contract.
10.
TERMINATION
A. City may terminate this Contract, with or without cause, by giving ten (10) days
written notice to Contractor, provided that such termination shall be without
prejudice to any other remedy the City may have. In the event of termination,
any work in progress will continue to completion unless specified otherwise in the
notice of termination.
B. If the City terminates this Contract under subsection A. of this section, City shall
pay Contractor for all services performed prior to the termination notice.
C. All completed or partially completed original documents prepared under this
Contract shall become the property of the City when the Contract is terminated,
and may be used by the City in any manner it desires; provided, however, that
the Contractor shall not be liable for the use of such documents for any purpose
other than as described when requested.
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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
without the fault or negligence of Contractor. Such causes shall include acts of
God, acts of the public enemy, acts of Government, in either its sovereign or
contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather.
B. If the failure to perform is caused by the failure of a subcontractor of Contractor's
to perform, and if such failure was beyond the control of both the Contractor and
the subcontractor, without their fault or negligence, Contractor shall not be
deemed to be in default unless the subcontracted supplies or services were
reasonably obtainable from other sources.
C. Alternatively, if at any time during the term of this Contract the work of Contractor
fails to meet the specifications of the Contract Documents, City may notify
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
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
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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
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
Intentionally Omitted as requested by Department of Environmental Management.
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.
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,
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available to employees and applicants for employment, notices setting forth the
provisions of the non-discrimination clause.
B. Contractor also agrees that in all solicitations or advertisements for employees
placed by or on behalf of this Contract, that Contractor is an equal opportunity
employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
16.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
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 Contractor's compensation such sums as liquidated damages. The amount of
damage to City for delay in completion of the work is difficult to ascertain and the
amount of the liquidated damages per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
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
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by
- either party of any provision or condition of the contract shall not be construed or
decreed to be a waiver of any other provision or condition of this Contract, nor a waiver
of a subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
Contract for AsbestOs&DemO CRL05.15.080 55�(� Page 15
1009 Evans Avenue
19.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract
without written consent of the City. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
20.
NOTICE
Notices required to be made under this Contract shall be sent to the following persons
at the following addresses; provided, however, that each party reserves the right to
change its designated person for notice, upon written notice to the other party of such
change:
If to City:
Written notice shall be sent to:
Brian Boerner, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
If to Contractor:
Name: Karen Andrews
Address: Intercon Environmental, Inc.
2214 FM 1187, Building #6
Mansfield, TX 76063
Telephone: (817) 477-9995 FAX: (817) 477-9996
21.
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.
Contract for Asbestos&Demo CRL05.15.080 Page 16
1009 Evans Avenue Y
i ti 1•.
•.•i ,j ypq
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
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.
Contract for Asbestos&Demo CRL05.15.08v3 Page 17
1009 Evans Avenue
SIGNATURE PAGE FOR ASBESTOS ABATEMENT AND DEMOLITION 1009 EVANS
AVENUE
This Contract has peen executed by the parties in triplicate in Tarrant County,
Texas on this date, , 2008.
C OZF RT H INTE CON ENVIRONMENTAL, INC.
I
rl Sma
cting Asst. City Manager BY: Karen Andrews, President
APPROVED AS TO FORM WITNESS:
�J,A= �
Christa R, Lopez, As ista t City Attorney Name: eli a Petruzz
y Title: Exec - Vice President
TTEST: CORPORATE SEAL:
� Y�&ixAin�kA���
Marty Hendrix, Wty Secretary
NO M&C MUIRED
Contract for Asbestos&Demo CRL05.15.080 Page 18
1009 Evans Avenue
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 DEM 08-09: 1009
E/R for the demolition and removal of asbestos containing material and demolition of four
structures at 1009 Evans Avenue, Fort Worth, Texas.
CONTRACTOR
INTEPCON EN`lIRONMENTAL INC.
By:
Karen Andrews
Title President
Date 5/21/08
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 Intercon Environmental, Inc. for the purposes and
consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office this21stday of May , 2008
,,,.�.."• •Y.%% ANGELICA PETRUZZELLI t2lu..l�.• t l� l�tl
Notary Public,State of Texas Notary Pu lic in and for the Stat o
My Commission Expires
February 28, 2012
FORTWORTH
ENVIRONMENTAL MANAGEMENT
INVITATION TO BID
DEM 08-09: 1009 E/R
The City of Fort Worth is accepting bids for the removal and transportation, to a
proper waste disposal facility, of asbestos-containing materials from four structures,
located at 1009 Evans Avenue, Fort Worth, Texas. ACM has been identified within
the structure and is being abated prior to renovation of the structure.
The scope of work includes removal and disposal of the following asbestos-
containing or asbestos-contaminated materials:
• removal of —4,000 square feet of joint compound from ceilings and sheetrock
walls;
• removal of—1,200 square feet of floor tile and associated mastic; and
• removal of—4,000 square feet of ceiling and wall texture;
In addition to the removal of identified ACM :
• demolition of each of the four structures (main, middle, east, and southeast) will
be performed and disposal in the appropriate disposal facility; and
• grading of the site after foundations have been removed.
All work must be completed in accordance with the most recent revisions of
applicable laws and regulations promulgated by the U.S. Environmental Protection
Agency (EPA), Texas Department of State Health Service (TDSHS), Occupational
Health and Safety Administration (OSHA), Department of Transportation (DOT),
City of Fort Worth Development Department or any other entity that may have
jurisdiction on work being performed. No scheduled site walk has been planned.
The City of Fort Worth will provide the following:
• Texas Department of State Health Services Health (TDSHS) notification
preparation and revision;
• Payment of the TDSHS fees;
• Water and electrical access; and
• Independent asbestos consultant services.
InterconEnvironmental,Inc.
Proposal No.03-08-018
PROJECT COST ESTIMATE
1009 Evans Avenue,Fort Worth,Texas 76102
Asbestos Abatement $ 11,250.00
Demolition and Grading $
11,000.00
Total Cost $ 22,250.00
Submitted by:
INTERCON ENVIRONMENTAL, INC.
Company Name:
Karen Andrews
`- Authorized Signatory(printed name): 1/'j6j��
Authorized Signatory(signature):
President
Title
2214 FM 1187. Building 6
Address:
Mansfield, Texas 76063
Telephone Number:
(817) 477-9995
Fax Number:
(817) 477-9995
E-Mail Address:
karen@intercon-environmental.com
Please submit responses via email to Roger.Grat7thg(@ 6Y-ht,or•rhzov.orQby 3PM,March 7,2008.
Timeframe to complete the work is five(5)working days from commencement of asbestos abatement
activities.
Attachments:
- Asbestos Survey Report
2