HomeMy WebLinkAboutContract 44753 (2)� _. _,�°,-
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STATE OF TEXAS
COUNTY OF TARRANT
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KNOWN ALL BY THESE PRESENTS
CONTRACT FOR REMOVAL OF LEAD-CONTAMINATED SOIL
AND UNDERGROUND STORAGE TANKS
PROJECT NO. ENV-13 - 04: UCC/BETHLEHEM
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 Fernando
Costa, its duly authorized Assistant City Manager, and Effective Environmental, Inc.
("Contractor"), acting through Chris Ewing, its duly authorized President and CEO.
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:
Citv's Representative means the Assistant Director of Transportation and Public Works,
Environmental Management Division, or his designee.
Contract Documents shall consist of the written, printed, typed and drawn instruments
which comprise and govern the performance of the work. Said Contract Documents
include, but are not limited to this contract all bid documents, the Request for Proposals,
Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the
notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award,
general conditions, special conditions, supplementary conditions, general provisions,
special provisions, work order(s), change orders, any contract amendments and the
payment, perFormance and maintenance bonds, or other such similar documents. The
Contract Documents shall also include any and all supplemental agreements approved
by the City which may be necessary to complete the work in accordance with the intent
of the plans and specifications in an acceptable manner, and shall also include the
additional instruments bound herewith.
Notice to Proceed means the letter issued by the City that authorizes Contractor to
begin work. It also authorizes future invoices to be paid.
Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks-
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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.
2.
SCOPE OF CONTRACTOR'S SERVICES
A. The scope of work shall include the furnishing of all labor, materials and equipment
necessary to complete the work specified in Attachment A and as otherwise
specified in the Contract Documents.
B. Contractor shall perform, in a good and professional manner, the services contained
in this Contract and in accordance with all applicable federal, state, and local laws,
directives, and guidelines.
C. Contractor will provide City copies of all waste related documents, laboratory results
on backfill soils and compaction testing results for inclusion in regulatory closeout
documentation.
3.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A.
B.
C.
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E.
F.
G
H
City shall coordinate with facilities, City departments, and any tenants for access
to the site.
City shall give timely direction to the Contractor.
City shall render decisions regarding modifications to the Contract and any other
issue.
City shall stake and mark the lead-contaminated soil areas required for
excavation.
City will provide and coordinate utility-locate services.
City will provide laboratory services on a 2-day turn—around-time (TAT) for post-
excavation confirmation soil sampling and waste profile purposes.
City will act as a secondary operator under the storm water regulations.
City will provide post-removal regulatory documentation.
4.
TIME TO COMPLETE THE PROJECT
Contractor will be responsible for coordinating with the Department of Transportation
and Public Works - Environmental Management Division, immediately after receipt of
notice to proceed, the start date of soil excavation and underground storage tank (UST)
remediation activities.
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Contractor shall begin work when and as specified in the Notice to Proceed.
Contractor shall complete work specified under this contract within twenty (20) working
days from the beginning date as specified in the Notice to Proceed unless an extension
of time is granted (in writing), any such determination being made in the sole judgment
and discretion of the City of Fort Worth. A working day shall be defined as each and
every day beginning on the start date until the work is completed and accepted by the
City. If a stop work order is issued by the City, the number of working days shall be
tolled until the day a new Notice to Proceed is issued.
Should the Contractor fail to begin the work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the intent
and terms of the plans, specifications and other Contract Documents, then the Owner
shall have the right to either (1) demand that the Contractor's surety take over the work
and complete same in accordance with the plans, specifications and other Contract
Documents or (2) to take charge of and complete the work in such a manner as it may
deem proper, and if in the completion thereof, the cost to Owner shall exceed the
contract price or prices set forth in the Contract Documents, the Contractor and/or its
surety shall pay Owner upon its demand in a writing, setting forth and specifying an
itemized statement of the total cost thereof, said excess cost.
5.
INDEPENDENT CONTRACTOR
The City agrees to hire Contractor as an independent contractor, and not as an officer,
servant, or employee of the City. Contractor shall have the exclusive right to control the
details of the work perFormed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, and
subcontractors. Nothing herewith shall be construed as creating a partnership or joint
venture between the City and Contractor, its officers, agents, employees, and
subcontractors; and the doctrine of respondent superior has no application as between
the City and Contractor.
6.
COMPENSATION
Section 1.
Fee Schedule.
City agrees to pay Contractor for its services an amount not to exceed one hundred
and ninety five-thousand, one-hundred and forty-one dollars and 00/100 cents
($195,141.00) in accordance with the unit prices detailed in Attachment B.
The City will not be liable for any Contractor costs in excess of the not-to-exceed
amount unless City has signed and issued a written, duly authorized amendment or
modification to the Agreement.
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City shail not pay for any work perFormed by Contractor or
suppliers that has not been specifically ordered by the City
terms of this contract or a duly authorized modification.
compensated for any work that is verbally ordered by any �
upon written authorization to conduct work.
its subcontractors, and/or
in writing pursuant to the
Contractor shall not be
�erson and shall rely only
Section 2.
Release Upon Payment
Acceptance by Contractor of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
Section 3.
Invoice and Payment.
Payment for services rendered shall be due within thirty (30) days of the uncontested
performance of the particular services so ordered and receipt by City of Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
portion so contested may be withheld from payment, and the undisputed portion will be
paid. No interest will accrue on any contested portion of the billing until mutually
resolved. City will exercise reasonableness in contesting any billing or portion thereof.
7.
LIQUIDATED DAMAGES
If Contractor fails to commence and complete work under this Contract within the
stipulated time, there shall be deducted from any moneys due or owing Contractor, or
which may become due, the sum of $1,000.00 (one thousand dollars) per day for each
day after the date the project was to be completed, until the project is completed. Such
sum shall be treated as liquidated damages and not as a penalty, and City may withhold
from Contractor's compensation such sums as liquidated damages. The amount of
damage to City for delay in completion of the work is difficult to ascertain and the
amount of the liquidated damages per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
8.
INDEMNIFICATION
A. Definitions. In this paragraph, the following words and phrases shall be defined
as follows:
1. Environmental Damages shall mean all claims, judgments, awards,
damages, losses, violations, 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,
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and of any good faith settlement or any 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 a violation of environmental requirements pertaining to the work, or due
to negligence or an intentional tort by the Contractor, a Subcontractor, or a
vendor and including but not limited to and without any other limitation:
a. Damages of any kind, including but not limited to present, past or
future compensatory, punitive, exemplary damages of any type
for personal injury and death, or injury to the environment,
property, or natural resources;
b. Fees incurred for the services of attorneys, consultants,
contractors, experts, laboratories and investigation or remediation
of the monitoring wells or any 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
monitoring wells or violations or 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 of any kind to any third person or governmental agency.
d. Fines, penalties, assessments, or other costs associated with the
violation of a statute, regulation, rule, order, or permit of a federal,
state, or local government entity.
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, plans, authorizations, concessions, franchises,
and similar items, of all governmental agencies, departments,
commissions, 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, and the standards set by all relevant
non-governmental standards-setting organizations (e.g. ASTM) and
applicable professional, business, certification, and occupational
organizations, boards, and bureaus, including without limitation:
a. All requirements and standards, including, but not limited to, those
pertaining to reporting, licensing, permitting, emissions,
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discharges, releases, or threatened releases of hazardous
materials, wastes, pollutants, contaminants, hazardous or toxic
substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the environment, air, surFacewater, 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 and standards pertaining to the protection of the
health and safety of the environment, employees, or the public.
B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS
WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL
PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A
CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS
AGREEMENT, WHETHER SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE INTENTIONAL TORT OR THE SOLE NEGLIGENCE OF
THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER
PERSON OR ENTITY INCLUDING THE CITY OF FORT WORTH, ITS
EMPLOYEES, AND AGENTS.
C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S
OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL
DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE
CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY INCLUDING THE
CITY OF FORT WORTH, ITS EMPLOYEES, AND AGENTS.
D. The obligations of the Contractor under this paragraph shall include, but not be
limited to, the burden and expense of defending all claims, suits and
administrative proceedings (with counsel reasonably approved by the City), even
if such claims, suits or proceedings are groundless, false, or fraudulent, and
conducting all negotiations of any description, and paying and discharging, when
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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.
9.
INSURANCE
A. Insurance coverage and limits:
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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 which Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonable timely
notice of same.
F. All Contractors under this contract agree that they assume joint and several
liability for any claim by the City or for a third party claim against the City for
general or environmental damages caused by any of the Contractors herein.
G. The obligations of the Contractor under this paragraph shall survive the
expiration or termination of this Agreement and the discharge of all other
obligations owed by the parties to each other hereunder.
Commercial General Liability Insurance
$1,000,000 each occurrence; $2,000,000 aggregate
Professional Liability Insurance
Not applicable.
Automobile Liability Insurance
Coverage on vehicles involved in the work performed under
$1,000,000 per accident on a combined single limit basis or:
$500,000 bodily injury each person; $1,000,000 bodily injury each
$250,000 property damage.
this contract:
accident; and
The named insured and employees of Contractor shall be covered under this
policy. The City of Fort Worth shall be named an Additional Insured, as its
interests may appear. Liability for damage occurring while loading, unloading and
transporting materials collected under the Contract shall be included under this
policy.
4. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
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$100,000 disease -each employee
5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per
occurrence. EIL coverage(s) must be included in policies listed in subsections 1
and 2 above; or, such insurance shall be provided under separate policy(s).
Liability for damage occurring while loading, unloading and transporting materials
collected under the contract shall be included under the Automobile Liability
insurance or other policy(s).
B. Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with the
Contract.
1. Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The-term City shall include its employees,
officers, officials, agents, and volunteers as respects the Contracted services. .
2. Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
4. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice shall be acceptable
in the event of non-payment of premium. Such terms shall be endorsed onto
Contractor's insurance policies. Notice shall be sent to Department of Financial
Management Services - Risk Management Division, City of Fort Worth, 1000
Throckmorton Street, Fort Worth, Texas 76102.
5. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
6. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
7. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
8. The City shall be entitled, upon its request and without incurring expense, to
review the Contractor's insurance policies including endorsements thereto and, at
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the City's discretion; the Contractor may be required to provide proof of insurance
premium payments.
9. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
10. The City shall not be responsible for the direct payment of any insurance
premiums required by the contract. It is understood that insurance cost is an
allowable component of Contractor's overhead.
11. All insurance required above shall be written on an occurrence basis in order to
be approved by the City.
12. Subcontractors to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained herein, in the event a
subcontractor's insurance coverage is canceled or terminated, such cancellation
or termination shall not constitute a breach by Contractor of the contract.
10.
BONDING
A. 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.
B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to do business in the State of Texas that is of sufficient
financial strength and solvency to the satisfaction of the City. The surety must
meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds
furnished hereunder shall meet the requirements of Chapter 2253 of the Texas
Government Code, as amended.
In addition, the surety must (1) hold a certificate of authority from the United
States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in
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excess of $100,000 from a reinsurer that is authorized and admitted as a
reinsurer in the state of Texas and is the holder of a certificate of authority from
the Untied States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under federal law. Satisfactory proof of any such
reinsurance shall be provided to the City upon request. The City, in its sole
discretion, will determine the adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the City.
Should any surety on the Contract be determined unsatisfactory at any time by
the City, notice will be given to the Contractor to that effect and the Contractor
shall immediately provide a new surety satisfactory to the City.
11.
WARRANTY
Contractor warrants that it understands the currently known hazards and the suspected
hazards which are presented to persons, property and the environment by the work
specified in this contract and will take all reasonable measures to mitigate and minimize
the risks of such hazards.
Contractor further warrants that it will perform all services under this Contract in a safe,
efficient and lawful manner using industry accepted practices, and in full compliance
with all applicable state and federal laws governing its acti�ities and is under no restraint
or order, including suspension or debarment by any government entity which would
prohibit or preclude performance of services under this Contract.
12.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of any failure to perForm
under this contract if the failure arises solely from: acts of God, acts of the public
enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes,
and extreme meteorological events. Contractor affirms a duty to mitigate any
delays or damages arising from such causes.
B. If Contractor fails to begin work herein provided for within the time specified
herein, or to complete such work within the time specified herein, City shall have
the right to take charge of and complete the work in such a manner as it may
deem appropriate. If City's total costs exceeds the costs as agreed in the
contract documents, the City may deliver to Contractor a written itemized
statement of the total excess costs, and Contractor shall reimburse City for such
excess costs without delay.
C. If at any time during the term of this contract the work of Contractor fails to meet
the specifications of the contract documents, City may notify Contractor of the
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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 days after written notification shall result in termination of this contract at the
discretion of the City. All costs and attorneys fees incurred by City in the
enforcement of any provision of this contract shall be paid by Contractor.
D. City may terminate this Contract at its sole discretion and without cause upon
thirty (30) days prior written notice to Contractor, and such termination shall be
without prejudice to any other remedy the City may have. In the event of
termination, any work in progress will continue to completion unless specified
otherwise in the notice of termination. The City shall pay for any such work that is
completed by Contractor and accepted by the City.
E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this contract.
13.
OBSERVE AND COMP
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
14.
MODIFICATION
No modification of this Contract shall be binding on the Contractor or the City
unless set out in writing and signed by both parties. No modification shall be
binding upon the City unless signed by the City Manager or an Assistant City Manager
of the City of Fort Worth. Any changes to the scope of work or compensation must be
in the form of a written, formal, authorized modification of this contract that is in
accordance with all applicable state and city laws, regulations, and ordinances. In no
event shall any verbal authorization changing the scope of work or verbal agreements
for additional compensation be binding upon the City. Contractor expressly agrees a)
not to make changes to its legal, financial, or logistical position on any matter based on
any oral representation by an employee, contractor, or agent of the City prior to
obtaining a written modification to this contract; b) that it waives any claim based upon
reliance or estoppel as a result of acting or not acting due to an alleged oral change to a
material term of this contract from the City, its employees, contractors, or agents; and c)
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that it waives any claim for compensation for work performed based upon an alleged
oral change to a material term of this contract from the City, its employees, or agents.
15.
RIGHT TO AUDIT
City and Contractor agree that, until the expiration of three (3) years after the final
payment under this Contract, the City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this Contract. Contractor further agrees to include in all its
subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three (3) years after final payment under the
subcontract, have access to papers and records of such subcontractor involving
transactions relating to the subcontract. The term "subcontract" as used herein includes
purchase orders.
16.
MINORITY AND WOMAN BUSINESS ENTERPRISE
(MNVBE) PARTICIPATION
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor acknowledges that no M/WBE goal has been established for this
Agreement. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Contractor may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not
less than three (3) years.
17.
PREVAILING WAGE RATES AND DAVIS-BACON
Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with
respect to payment of Prevailing Wage Rates for public works contracts and Contractor
shall comply with the Davis — Bacon Act for building and construction trades, and shall
comply with the prevailing wage requirements as specified in the RFP for the project.
A worker employed on a public work by or on behalf of the City of Fort Worth shall be
paid not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the work is performed; and not less than the general
prevailing rate of per diem wages for legal holiday and overtime work. A worker is
employed on a public work if the worker is employed by a contractor or subcontractor in
the execution of a contract for the public work with the City of Fort Worth.
The contractor who is awarded a public work contract, or a subcontractor of the
contractor, shall pay not less than the prevailing wage rates to a worker employed by it
in the execution of the contract. A contractor or subcontractor who violates this
requirement shall pay to the City of Fort Worth, $60 for each worker employed for each
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calendar day or part of
stipulated in the contract.
the day that the worker is paid less than the wage rates
This requirement does not prohibit the contractor or subcontractor from paying an
employee an amount greater than the prevailing wage rate.
18.
NON-DISCRIMINATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article III of the Code of the City of Fort Worth, nor in any manner contrary to federal,
state, or local law.
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national
origin, sexual orientation, transgender, gender identity or gender expression in any
manner involving employment, including the recruitment of applicants for employment,
advertising, hiring, layoff, recall, termination of employment, promotion, demotion,
transfer, compensation, employment classification, training and selection for training or
any other terms, conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed
by or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of ineeting the requirements of this
section.
19.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
20.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable in any
respect, the invalidity, illegality or unenforceability shall not affect any other provision of
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Effective Environmental, Inc. — Bethlehem/United Community Centers Project Site
this contract, and this contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
21.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by either
party of any provision or condition of the contract shall not be construed or decreed to
be a waiver of any other provision or condition of this Contract, nor a waiver of a
subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
22.
JURISDICTION AND VENUE
Jurisdiction and venue of any suit or cause of action under this Contract shall lie in
Tarrant County, Texas or the federal courts therein.
23.
NOTICES
Any notices, bills, invoices or reports required by this contract shall be sufficient if sent
by the parties in the United States mail, postage paid, to the address noted below:
If to the City: Michael Gange, Assistant Director
Department of Transportation and Public Works
1000 Throckmorton St.
Fort Worth, TX 76102
If to the Contractor:
Chris Ewing, President and CEO
Effective Environmental, Inc.
2515 South Beltline Road
Mesquite, TX 75181
24.
ASSIGNMENT
The City and Contractor bind themselves and any successors and
contract. Contractor shall not assign, sublet, or transfer its interest
without written consent of the City. Nothing herein shall be construed
Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks-
Effective Environmental, lnc. — Beihlehem/United Community Ceniers Project Site
assigns to this
in this contract
as creating any
Page 14 of 23
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
25.
NO THIRD-PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
26.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
27.
ENTIRETY
This contract, the contract documents, and any other documents incorporated by
reference herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and Contractor, and no other contracts, oral or otherwise,
regarding the subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto. In the event of any conflict between the specific terms of
this contract and any other contract documents, then the terms of this contract shall
govern.
28.
AUTHORITY AND EXECUTION
By signing this contract Contractor warrants that it has had the opportunity 1) to
examine this contract in its entirety, 2) to have its legal counsel examine and explain the
content, terms, requirements, and benefits of this contract if Contractor so chooses, and
3) to negotiate the terms of this contract within the bounds of applicable law.
Having had the opportunity to submit its bid and also to specifically negotiate the terms
of this contract, Contractor agrees to be bound by this contract and expressly agrees to
the terms of this contract, including terms that may vary from those of the Invitation to
Bid or the Contractor's proposal.
Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks- Page 15 of 23
Effective Environmental, Inc. — Bethlehem/United Community Ceniers Project Site
The signatory to this contract represents that he or she is legally authorized by the
Contractor to enter into a binding agreement on behalf of the Contractor.
The remainder of this page is left blank intentionally.
Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks- Page 16 of 23
Effective Environmental, Inc. — Bethlehem/United Community Centers Project Site
ATTACHMENT A.
SCOPE OF WORK
Task No. 1— Lead-Contaminated Soil Removal, Transport, and Disposal
Contractor will furnish all labor, materials and equipment necessary to perForm the removal,
transportation, disposal, and backfilling of approximately 1,200 cubic yards of soil (volume as
measured in-situ), located on the parcels located at the following address in Fort Worth, Texas:
962, 958, 954, 930, 916, AND 912 E HUMBOLT STREET
Mc Anulty & Nesbit Subdivision Evans
Block 2: Lots 42, 41, 40, 38, 35, and 34
FORT WORTH, TEXAS
PROJECT SPECIFICATIONS
Task No. 1: Removal, stockpiling, transportation, and disposal of lead-contaminated soil from
the Bethlehem/United Community Centers Project site plus resultant backfill and site restoration
activities.
The work area is described as 962, 958, 954, 930, 916, and 912 East Humbolt Street in Fort
Worth, Tarrant County, Texas. The attached map produced by Enercon Consultants and
entitled "Figure 2 Site Map" and "EXCAVATION LOCATIONS FOR ENV 13-04 : UCC/
BETH�EHEM PROJECT" shows the excavation areas.
The proposed response action for the Site includes the excavation of up to approximately 1,200
cubic yards of soil (in-situ). This quantity estimate includes areas sampled that indicated
elevated levels of lead.
In addition to the excavation, transportation, and disposal of lead-contaminated soils,
clean fill materials will be required to replace the excavated soils. Machine compaction with
existing equipment will be allowed for the above-mentioned project site locations.
The scope of work anticipated for the Lead in-soil remediation includes the following:
• Contractor certifies that it has and will maintain during the term of this Contract, current
and appropriate federal, state, and local licenses and permits to allow for the work
associated with the contract.
• Soils shall be disposed of at an approved and properly licensed TCEQ landfill facilities
which are fully licensed, permitted, and authorized by all applicable regulatory agencies
for the disposal of the hazardous and other regulated materials.
• Transportation, handling, and disposal of the contaminated soils shall be in accordance
with all applicable federal, state, and local statutes, regulations, standards, and
requirements as related to the transport, handling, and disposal of hazardous and other
Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks- Page 17 of 23
Effeciive Environmental, lnc. — Beihlehem/United Community Centers Project Site
regulated materials. This includes but is not limited to the lawful and proper use of
appropriate manifests, labeling, placarding of vehicles, and tarping of loads.
• All applicable licensing is required of the disposal facilities utilized in the performance of
this contract. All applicable endorsements are required for hazardous waste
transporters. HAZWOPER (29 CFR 1910.120) training shall be required of workers who
will be involved in operations at the project site in accordance with federal and state
requirements.
• Contractor agrees to provide waste profiling and manifests naming the City of Fort Worth
as the Generator of the excavated soils.
• Contractor agrees to provide the City with copies of the weight tickets and transportation
logs for both the waste disposal and the verified clean fill materials.
• Prior to any site disturbance, Contractor agrees to implement the approved SWPPP,
which will be provided by Contractor.
• Contractor agrees to excavate and stockpile on 6-mil polyethylene sheeting the
excavated soils to allow the City to perform soil sampling for waste profiling.
• Contractor agrees to maintain proper safety fencing, as needed, and also provide
adequate signage, barricades, traffic cones, and "flagmen" during the course of the
project when heavy traffic will be leaving or entering the site. Contractor agrees to
provide temporary safety fencing to be used and the fencing shall be a heavy-duty,
diamond-link mesh, orange, high density polyethylene safety or security fencing that will
withstand substantial weather-related stresses.
• Contractor agrees to maintain in a manner that will control all generated debris from
becoming windblown and/or migrating from the work area during and after working
hours.
• Contractor agrees use clean topsoil fill from an approved source to restore the areas
excavated in accordance with the existing terrain and grade the entire lot, ensuring that
low areas are filled to prevent the pooling of water.
• Contractor agrees to provide analytical results to the City, indicating the material utilized
for the backfilling of the excavated area is acceptable in regards to TRRP Residential
standards. Verified clean fill laboratory testing is at the Contractor's expense.
• Contractor agrees that they will not perform any backfill without City's consent based on
the confirmation soil sampling results. Contractor agrees to use sufficient clean select fill
material to make up the volume of the removed impacted soils will be placed back in the
excavation and compacted to grade in 12-inch lifts. Compaction testing and verification
will be performed with a density of +/- 95%.
• For the duration of the entire project, Contractor agrees to sweep dirt and debris from
the haul routes used to ensure any sediment tracked from the site is collected and does
not migrate onto City streets.
Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks- Page 18 of 23
Effective Environmental, lnc. — Bethlehem/Unifed Community Centers Project Site
• Contractor understands that a specific grass type indigenous to the area will be selected
and agreed to depending upon the time of year when the planting occurs.
• Contractor agrees to provide soil samples and analytical results to the City to determine
if addition of soil amendments will be necessary. This must be done prior to the
dissemination of the applicable indigenous grass seed. Contractor agrees to water the
seeded area, as needed, to allow proper establishment of vegetation.
• Contractor will maintain the BMPs and the vegetative area for at least six months, or
until a uniform vegetative cover with a minimum of 70 percent coverage has been
established and has been accepted by the City for maintenance by others, whichever is
earlier.
• Once sufficient vegetation has been established, all BMPs will be removed by the
contractor and the project will be closed out.
Task No. 2— Underground Storage Tank Removal
Contractor will furnish all labor, materials and equipment necessary to perform the removal,
transportation, and disposal of two underground storage tanks, located at:
951/957 EVANS AVENUE
Mc Anulty & Nesbit Subdivision Evans
Certain Portions of Block 2: Lots 31, 31A, 32, 32A
FORT WORTH, TEXAS
PROJECT SPECIFICATIONS
Contractor will be responsible for confirming utility-locate services prior to work commencement.
It will be determined with the consultation of City staff the best method to address any utility
concerns involving the aforementioned utility service issues.
Task No. 2: Removal of two (2) underground storage tanks located on the eastern side of
951/957 Evans Avenue, also associated with the Bethlehem/United Community Centers Project
site.
The work area is described as being located in the alley-way, eastern side of 951/957 Evans
Avenue in Fort Worth, Tarrant County, Texas.
The proposed response action for the Site includes the decommissioning of two,
approximately, 1,000-gallon, underground storage tanks (USTs) located along the eastern
property boundary.
In addition to the decommissioning of the existing USTs, clean select- fill materials will be
required to fill the former tank holds. Compaction of select-fill materials will be required to
occur in 12" lifts with density testing being required for each lift. Density testing requirements
should meet or exceed the +/- 95% before the next lift is initiated.
Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks- Page 19 of 23
Effective Environmental, Inc. — Bethlehem/United Community Centers Project Siie
The scope of work for the UST removal includes the following:
• Contractor agrees to saw cutting and breaking the concrete cover over the USTs;
• Contractor agrees to the excavation of remaining tank backfill material to expose the
tank for removal;
• Contractor agrees to remove of all associated product and vent line piping, where
applicable;
• Contractor agrees to collect and properly dispose of any residual product remaining in
the tanks;
• Contractor agrees to cleaning the interior of the tank and purging the tank of all
explosive vapors using forced air or other suitable means;
• Contractor shall dispose of the storage tanks in accordance with all applicable federal,
state, and local laws, regulations, ordinances, and requirements.
• Contractor agrees to stockpile excavated soils on-site using 6-mil polyethylene
sheeting underneath and covering them to prevent storm water runoff while awaiting
laboratory analysis;
• Contractor agrees to backfill excavation with sufficient verified clean select fill
material to make up the volume of the removed USTs. Compaction testing and
verification will be performed with a density of +/- 95% in 12-inch lifts.
• Contractor agrees to pull any necessary City of Fort Worth permits and f i l e TCEQ
notifications of petroleum storage tank construction activities.
• Contractor is solely responsible for verifying the location of work to be performed.
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
Commission on Environmental Quality (TCEQ); Texas Department of State Health Service
(TDSHS), Occupational Health and Safety Administration (OSHA), Department of
Transportation (DOT), City of Fort Worth Fire Department, City of Fort Worth Planning and
Development Department or any other entity that may have jurisdiction on work being
performed.
The remainder of this page is left blank intentionally.
Contract for Removal of Lead-Contaminated Soil and Underground Siorage Tanks- Page 20 of 23
Effective Environmental, lnc. — Bethlehem/United Community Centers Project Site
ATTACHMENT B
COMPENSATION SCHEDULE
Prices for services shall be compensated in accordance with the tables below for Tasks
1 and 2 as consistent with the terms of this contract and not to exceed a combined total
of one hundred and ninety five-thousand, one-hundred and forty-one dollars and
00/100 cents ($195,141.00).
TAS K 1
LEAD-CONTAMINATED SOIL REMOVAL, TRANSPORT, 8� DISPOSAL
# Item UNIT COST
� Soil Excavation, Loading, Transportation, and $ 67.95 / CY
Disposal (Class 1 Non-hazardous Waste)
2 Soil Excavation, Loading, Transportation, and � 39.50 / CY
Disposal (Class II Non-hazardous Waste)
3 Stormwater Pollution Prevention Plan $ 3,580.00
(SWPPP) / Lump Sum
4. Topsoil Placement and Overseeding Areas � 4�062.00
/ Lump Sum
5. Clean Fill Material Replacement $ 19.00 / CY
6. Compaction/Density costs (12" lifts) $ 131.00 / TEST
TAS K 2
UNDERGROUND STORAGE TANK REMOVAL
# Item UNIT COST
� 1,000-gallon EAST UST removal and proper $ 1,990.00 / Lump Sum
disposal
2 1,000-gallon potential WEST UST removal � 1,990.00 / Lump Sum
and proper disposal
ConEract for Removal of Lead-Contaminated Soil and Underground Storage Tanks- Page 21 of 23
Effective Environmental, lnc. — Beihlehem/United Community Ceniers Project Site
Removal and disposal of associated piping,
3. vent lines, dispensers, etc. from both EAST $ 3.50 / FT
and potential WEST UST locations
4 Breakage of concrete and exploratory � 3.50 / SF
excavation at site of potential WEST UST
5 Backfill with Clean select fill material verified $ 21.05 / CY
with laboratory analytical results.
6. Disposal/Recycling of Concrete from Site $ 10.25 / CY
Disposai of EAST and WEST UST liquid
7. contents — assume 2,000 gallons (for $ 0.29 / GAL
extended pricing)
8. Compaction/Density costs (12" lifts) $ 96.75 / TEST
9. Over-excavation of soils (per yard cost) $ 3.85 / CY
Loading, transport, and disposal costs of
10. impacted soils (per yard cost) — assume $ 36.40 / CY
Class II Non-hazardous
11. Inerting or Purging the UST utilizing dry ice $ 125.00 / UST
The remainder of this page is left blank intentionally.
Contract for Removal of Lead-Coniaminated Soil and Underground Storage Tanks- Page 22 of 23
Effective Environmental, Inc. — Bethlehem/United Community Centers Project Site
SIGNATURE PAGE FOR
CONTRACT FOR REMOVAL OF LEAD-CONTAMINATED SOIL
AND UNDERGROUND STORAGE TANKS
PROJECT NO. ENV- 13 - 04: UCC/BETHLEHEM
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH
BY: �
Fernando Costa
Assistant City Manag r
Date Signed: S 2G i3
RECOMM�N
Michael Gang
Assistant Dire tor
Transportation ublic Works
APPROVED AS TO FORM
AND LEGALIT�G:-,.
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Arth�ur N. Bashor
Assistant City Attorney �
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ATTEST: � �
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Mary J. Kay:
City Secreta
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CONTRACTOR
Effective Environmental, Inc.
BY: �
Chris Ewing
President and CEO
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CORPORATE SEAL:
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Contract for Removal of Lead-Contaminated Soil and Underground Storage Tanks-
Effective Environmental, lnc. — Bethlehem/Unifed Community Centers Project Site
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�`� � CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
08N 5/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain poiicies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Aon rtisk Services Southwest, Inc.
Houston TX Office
5555 San Felipe
Suite 1500
Houston TX 77056 USA
INSURED
Effective environmental, Inc.
2515 s. aeltline Road
Mesquite TX 75181 USA
CFRTIFICATF NIIMRFR�
E-MAIL
ADDRESS:
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
(866) 283-7122 � jac. No.): 800-363-0105
INSURER(S) AFFORDING COVERAGE
starr Indemnity & Liability Company
starr Surplus Lines Insurance Company
Texas Mutual Insurance company
Argonaut insurance Co
REVISION NUMBER:
NAIC it
38318
22945
19801
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE �ISTED 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. IIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIOD/YYYY MMIDDIYYYY LIMITS
B GENERALLIABIIITY SLSLEIL7202 1 EACNOCCURRENCE 51,000,000
X COMMERCIAL GENERAL LIABILITY D AG O� EO $300 � 000
PREMISES Ea occurtence
CLAIMS-MADE X❑ OCCUR MED EXP (Any one person) $25 , 000
X PLL 8 CPL-CM PERSONAL & ADV INJURY Sl, 000, 000 �
0
GENERALAGGREGATE S2,OOO�000 <''�
X Professlonal-CM o
GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S2 , 000, 000 0
X POUCY PRO- LOC �
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A AUTOMOBILELIA8ILITY SISIPCA08230112 03 Z3 2012 09 23 2013 COMBINEDSINGLElIM1T 51,000,000 �
Ea accident
X ANY AUTO BODILY INJURY ( Perperson) Z
ALL OWNED SCHEDULED BODILY INJURY (Peraccident) y
AUTOS AUTOS PROPERTY DAMAGE �
X HIREDAUTOS X NON-OWNED Peraccident V
AUTOS �
X Hired Auto Phys. Da X ACV $5000 Ded �
d
B X UMBRELLALIae X OCCUR SLSLXNV73018312 03/23/2012 09/23/2013 EACH OCCURRENCE $10,000,000 V
EXCESSLIAB CLAIMS-MADE AGGREGATE $10,000,000
DED RETENTION
C WORKERS COMPENSATION AND TSF0001136440 09/23/2012 09/23/2013 X TORYLIMITSU ERH
p EMPLOYERS'LIABILITY YIN 927708286344 09/23/2012 09/23/2013
ANY PROPRIETOR / PARTNER / EXECUTIVE � E.L. EACH ACCIDENT SZ � OOO � OOO
OFFICER/MEMBER EXCLUDED? N N I A �
(Mandatory in NH) E.l. DISEASE-EA EMPIOYEE S1, 000, OOO
If yes, describe under
DESCRIPTION OF OPERATIONS below E.l. DISEASE-POLICY LIMIT �l, 000, 000 _
s Poll Legal Liab SLSLEIL72024812 03/23/2012 09/23/2013 Aggregate 51,000,000 =
Sza applies per policy ter s& condi ions
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DESCRIPTION OF OPERATIONS / LOCA710N5 I VEHICLES (Attaeh ACORD 101, Additional Remarks Schedule, if more space is required) +�' �
Certificate Holder, its' officers/Employees/Volunteers are included as additional Znsured as required by written contract, but �
limited to the operations of the znsured under said contract, per the applicable endorsement with respect to the �eneral �
Liability, Automobile �iability and Excess �iability policies. n waiver of 5ubro�ation is granted in favor of Certificate
Holder, its' officers/Employees/Volunteers as required by written contract but l�mited to the operations of the znsured under �
said contract, with respect to the General Liability automobile �iability , Excess �iability and Workers compensation policies. -�-�
Umbrella policy reflected above is Umbrella over all policies evidenced herein. Notice of cancellation as per attached �—
endorsements. �
CERTIFICATE HOLDER CANCE�LATION �
X
SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCEILED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
Cl ty Of FOI't WOf'tI7 AUTHORIZED REPRESENTATIVE
Environmental Management oept.
1000 Throckmarton � tJ�x „�s��Q �����
Fort worth TX 76102-6311 USA ��'
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OO 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
ENDORSEMENT NO. 4
Named Insured:
Policy Effective Date
Policy Expiration Date
Effective Environmental, Inc.
03/23/2012
09/23/2013
This endorsement effective: 12:01 A.M. 03/23/2012
Policy No: SISIPCA08230112 Starr Indemnity & Liability Company
Amendatory Endorsement
forms a part of
In consideration of the premium shown below, it is hereby understood and agreed this endorsement is
attached to and forms part of the above policy and is effective as shown above. This endorsement
amends only the changes which are indicated by check in the box immediately preceding such change:
1. �Policy is
2. ❑ Item(s) listed below are the policy schedule.
3. �Name of Insured is amended as shown below.
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❑ Endorsement No is null and void
❑ Description of item(s) is amended as shown below.
❑ Limit of Liability is as shown below.
4. � Insured mailing address is amended as shown below. 9. ❑ Policy Reinstated
5. �Policy term is amended to: 10. DOther, as shown below
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following form is added to the policy -
See attached form for details.
All other terms and conditions of the policy remain unchanged.
Breakdown:
0
0.00 Premium
0.00 Terrorism Premium
0.00 Auto Theft Prevention Fee
0.00 Grand Total
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CANCELLATION AND NONRENEWAL
NOTICE TO DESIGNATED PERSON OR ORGANIZATION
Policy Number: SISIPCA08230112 EfFective Date: 3/23/2012 at 12:01 A.M.
Named Insured: Effective Environmental, Inc.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
In the event of cancellation or nonrenewal or material change that reduces or restricts the insurance afforded by
this Coverage Part, we agree to mail prior written notice of cancellation or nonrenewal or material change to:
SCHEDULE
1. Name:
Certificate holders include only those entities where thirty (30) days notice of cancellation is required by an
"insured contracY' but only with respects to an entity for which "you" are directly or indirectly performing "your
work". It is further understood and agreed that "you" will provide a complete list of certificate holders including
name(s) and physical addresses to "us" that require the notice of cancellation, and that "you" will provide "us"
this list at the time of the notice of cancellation.
2. Address:
3. Number of days advance notice:
Thi
as res
of premium for which ten (10) days will
Information
to comolete this Schedule, if not shown above, will be shown in the Declarations.
All other terms and conditions of this Policy remain unchanged.
Signed for STARR INDEMNITY & LIABILITY COMPANY
SICA 1015 (07-11) Page 1 of 1
Copyright O C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved.
Includes copyrighted material of ISO Properties, Inc., used with its permission.
Charles H. Dangelo, President
Honora M. Keane, General Counsel
POLICY NUMBER: SLSLEIL72024812
SL- 020 (01/09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Form
Contractor Pollution Liability Coverage Form
Professional Liability Coverage Form
Effective Date of Change: March 23, 2012
Change Endorsement No.: 001
Named Insured: Effective Environmental, Inc.
The following item(s):
� Insured's Name
� Policy Number
� Effective/Expiration Date
� Payment Plan
� Additional Interested Parties:
� Limits/Exposures
� Covered Property/Located Description
� Rates
is (are) changed to read {See Additional Page(s)}:
� Insured's Mailing Address
� Company
� Insured's Legal Status/Business of Insured
� Premium Determination
❑X Coverage Forms and Endorsements
� Self-Insured Retention
� Classification/Class Codes
� Underlying Insurance
The above amendments result in a change in the premium as follows:
X❑ NO CHANGES ❑ TO BE ADJUSTED
AT AUDIT
Endorsement Effective: March 23, 2012
Named Insured: Effective Environmental, Inc.
SL-020 (01/09)
ADDITIONAL PREMIUM RETURN PREMIUM
$ $
Countersigned By:
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Page 1 of 2 ❑
Copyright O C. V. Starr & Company and Starr Surplus Lines Insurance Company. All rights
reserved.
Includes copyrighted material of ISO Properties, Inc., used with its permission.
Copyright O C. V. Starr & Company and Starr Surplus Lines Insurance Company. All rights Page 2 of 2 ❑
reserved.
Includes copyrighted material of ISO Properties, Inc., used with its permission.
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Surplus Lines Insurance Company
Chicago, IL 1-646-227-6300
AMENDMENT - 30 DAY NOTICE OF CANCELLATION
Policy Number: SLSLEIL72024812 Effective Date: 3/23/2012 at 12:01 A.M.
Named Insured: Effective Environmental, Inc.
This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and
evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully.
Commercial General Liability Coverage Form
Products Completed Operations Coverage Form
Contractors Pollution Coverage Form
Site Pollution Coverage Form
Professional Liability Coverage Form
It is agreed thirty (30) days notice of cancellation, except as respects non-payment of premium for which ten (10)
days will apply, will be given as respects the following certificate holder(s):
SCHEDULE
Certificate holders include only those entities where thirty (30) days notice of cancellation is required by an
"insured contracY' but only with respects to an entity for which "you" are directly or indirectly performing "your
work". It is further understood and agreed that "you" will provide a complete list of certificate holders including
name(s) and physical addresses to "us" that require the notice of cancellation, and that "you" will provide "us" this
list at the time of the notice of cancellation.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Signed for STARR SURPLUS LINES INSURANCE COMPANY
SL - 740 (08/11) Page 1 of 1
Copyright O C. V. Starr & Company and Starr Surplus Lines Insurance Company. All rights reserved.
Includes copyrighted material of ISO Properties, Inc., used with its permission.
Charles H. Dangelo, President
Honora M. Keane, General Counsel
M&C Review
� � ^ � � .��
Page 1 of 2
Oificia3 site of ti�e City of Fart tvJorth, Texas
����� �������
,
COUNCIL ACTION: Approved on 8/6/2013
DATE:
CODE
8/6/2013
C
REFERENCE
NO..
TYPE:
**C-26371
CONSENT
LOG NAME:
I.�1�_l:�l�C�
17BETHLEHEMENVIRO
NO
SUBJECT: Authorize Execution of a Contract with Effective Environmental, Inc., in the Amount of
$195,141.00 for the Removal of Lead-Contaminated Soil and Underground Storage Tanks
for the Proposed Community Facility to be Located at the Corner of Evans Avenue and
Humbolt Street (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Effective
Environmental, Inc., in the amount of $195,141.00 for the removal of lead-contaminated soil and
underground storage tanks related to the proposed community facility to be located at the corner of
Evans Avenue and Humbolt Street.
DISCUSSION:
On December 13, 2011, (M&C C-25368) the City Council authorized the expenditure of
$4,965,947.92 in Economic Development Initiative Grant funds and Section 108 Loan funds for the
construction of a new community facility to be located at the corner of Evans Avenue and Humbolt
Street. The City Council also authorized the City to enter into a Lease Agreement with United
Community Centers, Inc., for the new community center.
On June 5, 2012, (M&C C-25624) the City Council authorized the execution of a Professional
Agreement with Komatsu/Rangel, Inc., for design, construction and administration services to cause
the construction of the new community facility. As part of the City's due diligence for construction, a
review of the project site found lead-contaminated soil and at least two underground storage
tanks. In order to move forward with construction, Staff recommends hiring an environmental
remediation firm to clean the site.
Staff advertised a Request for Proposals in the Fort Worth Star-Telegram on May 24, 2013, May 26,
2013 and May 30, 2013; four bids were received. The following environmental firms submitted bids
on June 20, 2013:
Bidder B�d
Amount
Effective Environmental, $195,141.00
Inc.
SEMS, Inc. $197,779.00
SWS Environmental $260,300.58
Services
Sunbelt Industrial Services $278,645.00
The bids were evaluated based on the best-value to the City. Effective Environmental, Inc., met all
the regulatory requirements, will provide the best value to the City and submitted a bid in the amount
of $195,141.00.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18733&councildate=8/6/2013 �/22/2013
M&C Review
Page 2 of 2
Effective Environmental, Inc., is in compliance with the City's BDE Ordinance by committing to 16
percent MBE participation on this project. The City's MBE goal on this project is 10 percent.
Staff recommends that the City Council authorize the execution of a contract with Effective
Environmental, Inc., to clean the lead-contaminated soil and remove at least two underground
storage tanks which will allow for the construction of the new community facility.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR76 541200 020206855800 $195,141.00
Submitted for City Manaaer's Office bv:
Fernando Costa (6122)
Oriqinating Department Head:
Additional Information Contact:
Cynthia Garcia (8187)
Leticia Rodriguez (7319)
ATTACHMENTS
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18733&councildate=8/6/2013 8/22/2013
Effective Environmental
9950 Chemical Road
Pasadena,Texas 77507
Phone: 281-842-0811
Fax:
To
281-474-2580
City of Fort Worth, Texas
Housing & Economic Development Department
Attn: Avis F. Chaisson
1000 Thi•ocic�norton Street
Fort Worth, Texas 76102-6312
We are sending you:
X Attached Under Separate Cover
X Material Submittals Prints
Submittals Change Order
Transmittal Letter
August 15, 2013
Attention:
Avis F. Chaisson
Subject:
UCC Bethlehem Contract
Plans
Analytical report
Samples
Other
Specifications
Bid Documents
pies Date
4 15-Aug-13
4 15-Aug-13
4 15-Aug-13
1 15-Aug-13
Status
FYI
FYI
FYI
FYI
��
Executed Contract
Executed P&P Bond
Certificate of Insurance
Transmittal Letter
�
These are transmitted as checked below:
X Approved / Executed Approved as submitted
For your Signature Approved as noted
X As requested Returned for corrections
Invoice
Resubmittal Prints Returned After Bidding Complete
X Submittal
Return
For review and comment
Remarks:
Avis, On behalf of Hiren Shah, please accept the aforementioned. Should you have any quesitons or
concenrs regarding the documents or project please feel free to contact Hiren Shah.
COPY TO:
Sean Easton
Hiren Shah
Job File
X Transmittal Only Complete Package
Transmittal Only X Complete Package
Transmittal Only X Complete Package
Respectfully Submitted,
If enclosures are not as noted, kindly notify us at once>
' ��°��(V�"r� frr� � �' Zt�1�
Stacy Guerra on behalf of
Hiren Shah, Sr. Project Manager
PERFORMANCE BOND
Bond No. SUR0023784
Argonaut Insurance Company
20333 State Hwy. 249, Suite 200, Houston, TX 77070
KNOW ALL MEN BY THESE PRESENTS, that we, Effective Environmental, Inc., as Principal,
and Arqonaut Insurance Companv, licensed to do business in the State of Texas, as Surety,
are held and firmly bound unto Citv of Fort Worth (Obligee), in the penal sum of One Hundred
Ninetv Five Thousand and no/100 Dollars ($195,000.00), lawful money of the United States of
America, for the payment of which sum, well and truly to be made, the Principal and Surety do
bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS the Principal has entered, or is about to enter, into a written agreement dated August
15, 2013 with the Obligee for Removal of Lead-Contaminated Soil and Underqround
Storaqe Tank Removal from the Bethlehem/United Communitv Center; Proiect No. ENV-
13-04: UCC/BETHLEHEM (hereinafter referred to as the Contract) and more fully described in
said Contract, said Contract is hereby referred to and made part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal,
its executors, administrators, successors and assigns shall promptly and faithfully perform and
carry out the covenants, terms and conditions of said Contract, then this obligation shall become
null and void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code and all liabilities on this bond shall be determined in accordance
with the provisions, conditions and limitations of said Chapter to the same extent as if it were
copied at length herein.
Sealed with our seals and dated this 15th day of Auqust, 2013.
PRINCIPAL
Witness
l�
�
ARGONAUT INSURANCE COMPANY
Lupe Tyler ,"Attorney-in-Fact
,�,., ; i � �. -�,��.
''�1i�11i1��1��
PAYMENT BOND
Bond No. SUR0023784
Argonaut Insurance Company
10101 Reunion Place, Suite 500, San Antonio, TX 78216
KNOW ALL MEN BY THESE PRESENTS, that we, Effective Environmental, Inc., as Principal, and Arqonaut
Insurance Companv, licensed to do business in the State of Texas, as Surety, are held and firmly bound unto
Citv of Fort Worth (Obligee), in the penal sum of One Hundred Ninetv Five Thousand and no/100 Dollars
($195,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be
made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered
into a certain written agreement with the above named Obligee (hereinafter referred to as the Contract),
effective the 15th day of Au ust, 2013, for Removal of Lead-Contaminated Soil and Underqround Storage
Tank Removal from the Bethlehem/United Communitv Center; Proiect No. ENV-13-04:
UCC/BETHLEHEM and more fully described in said Contract, said Contract is hereby referred to and made a
part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal, its
executors, administrators, successors and assigns shall pay all persons who shall have furnished labor or
material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons
shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject
however, to the Obligee's priority, then this obligation to be void; otherwise to remain in full force and effect.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express
conditions:
i
�
3.
No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the
Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the
Surety within one year from termination or expiration of the bond term; or after the expiration of 90 days
after the day on which any person last supplied the labor and/or materials for which the claim is made,
whichever occurs first. If this limitation is void or prohibited by law, then the minimum period of limitation
available to Surety as a defense in the jurisdiction of the suit shall be applicable.
The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good
faith hereunder.
If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this
bond and as described in the underlying Contract, then the terms of this Bond shall prevail.
Sealed with our seals and dated this 15th day of Auqust, 2013.
PRINCIPAL
Effect
Inc.
ONAUTINSURANCECOMPANY
, � _ i ;, '� _
Witness
—• -�,�
Lu�e Tyler , Attorney-in-Fact
�'' � . � .
� ARGO SURETY
RIDER
To be attached to and form part of Bond No. SUR0023784
Issued on behalf of Effective Environmental, Inc. as Principal, and in favor of City of Fort
Worth as Obligee dated 15th day of August, 2013.
It is agreed that:
❑ 1. The Surety hereby gives its consent to change the Name:
from:
to:
❑ 2. The Surety hereby gives its consent to change the Address:
from:
to:
� 3. The Surety hereby gives its consent to change the: Bond AI110unt
from: $195,000.00
to: $195,141.00
4. This rider shall become effective as of 8/15/13
PROVIDED, however, that the liability of the Surety under the attached bond as changed by this
Rider shall not be cumulative.
Signed, sealed and dated 8/20/13.
By:
By:
Acknowledged & Accepted by:
Argonaut Insurance Company
Eff
City of Fort Worth, Obligee
; Inc.
Margaret �uboltz, Attorney-in-Fact
Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 6th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation didy organized and existing under the laws of the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint
Margaret Buboltz. Michael J. Herrod, Wendv W. Stuckev, Lupe Tvler, Lisa A. Ward. Stephanie Wi�eins
Their true and la�vful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deli��er for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of.
$25,000.000.00
This Po�ver of Attomey is grai�ted and is signed and sealed under and by the authority of the following Resolution adopted b�� the Board of Directors of
Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is
authorized to execute po�vers of attorney, and such authority can be executed by use of facsimile signature, �vhich may be attested or acknowledged by any
officer or attomey, of the Company, qualifying the attorney or attomeys named in the given po�ver of attorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to aftix the corporate seal thereto."
IN WITNESS W HEREOF, Argonaut Insurance Company has caused its ofticial seal to be hereunto aftiaed and these presents to be signed by its didy
authorized officer on the 15th day of June, 2012. Argonaut Insurance Company
— /✓L�
by:
Michael E. Arledge President
STATE OF TEXAS �
COUNTY OF HARRIS SS: `
On this 15th day of Jime, 2012 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissiaied and qualiYied,
came THE ABOVE OFFICER OF THE COMPANY, to me personally kno�m to be the individual and officer described in, and who executed the preceding
instrument, and he acknowledged the execution of same, and being by me duly s�vom, deposed and said that he is the officer of the said Company aforesaid,
and that the seal affixed to the preceding instnunent is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer �vere
duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of
Directors of said Company, referred to in the preceding instrument is no�v in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
�
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_���n
-�[,�qn.L.� i:�.,�'►..�en
(Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of �vhich
the foregoing is a full, true and correct copy is still in fiill force and effect and has not been revoked.
�i,
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the ^X `., day of � � ''�,_. r ,,�.-�' �.
i�C • (� /'' � ' � ,
Joshua C. Betz Vice President
THIS DOCUD4�NT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND �VITH BLU� S�RIAL NUD4BGR IN THG UPPGR RIGHT
A��0052781
`
HAND CORNER. IF YOU HAV� QU�STIONS ON AUTH�NTICITP OF THIS DOCUMENT CALL (210) 321 - 8400.