HomeMy WebLinkAboutContract 56622 CSC No. 56622
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT §
CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANKS
FROM 3801 NORTH MAIN STREET, 4201 NORTH MAIN STREET AND
2201 WEST DAGGET STREET
PROJECT NO. ENV- 21.02 : UST
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 Valerie
Washington, its duly authorized Assistant City Manager, and G.L. Morris Enterprises,
Inc. dba Sunbelt Industrial Services ("Contractor"), acting through Marla Murphy, its duly
authorized President.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
1 .
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows:
City's Representative means the Assistant Director of Code Compliance Department,
Environmental Quality 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.
OFFICIAL RECORD
Contract for Removal of Underground Storage Tanks- CITY SECRETARY
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
FT. WORTH, TX
Subcontract means a contract between the Contractor for this project and another
person or company for any task reasonably related to 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.
D. Contractor will provide and coordinate utility-locate services.
3.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. City shall coordinate with facilities, City departments, and any tenants for access
to the site.
B. City shall give timely direction to the Contractor.
C. City shall render decisions regarding modifications to the Contract and any other
issue.
D. City will provide laboratory services on a 2-day turn—around-time (TAT) for post-
excavation confirmation soil sampling and waste profile purposes.
E. City will provide post-removal regulatory documentation.
4.
TIME TO COMPLETE THE PROJECT
Contractor will be responsible for coordinating with the Code Compliance Department -
Environmental Quality Division, immediately after receipt of notice to proceed, the start
date of soil excavation and underground storage tank (UST) remediation activities.
Contractor shall begin work when and as specified in the Notice to Proceed.
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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
Contractor shall complete work specified under this contract within ten (10) 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 City 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 City shall exceed the contract
price or prices set forth in the Contract Documents, the Contractor and/or its surety shall
pay City 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 sixty-four
thousand, five hundred and sixty-one dollars and 00/100 cents ($64,561.00), which
includes a fifteen (15%) contingency.
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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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
City shall not pay for any work performed by Contractor or its subcontractors, and/or
suppliers that has not been specifically ordered by the City in writing pursuant to the
terms of this contract or a duly authorized modification. Contractor shall not be
compensated for any work that is verbally ordered by any person and shall rely only
upon written authorization to conduct work.
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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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
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, or damages of any
type for personal injury and death, or injury to the environment,
property, or natural resources;
b. Fees and costs incurred for the services of attorneys, consultants,
contractors, experts, and laboratories, and the investigation,
remediation, and 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 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, permits, 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 by way of example, but not
limited to:
a. All requirements and standards, including, but not limited to, those
pertaining to reporting, licensing, permitting, emissions,
discharges, releases, or threatened releases of hazardous
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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
materials, wastes, pollutants, contaminants, hazardous or toxic
substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the environment, 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 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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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
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.
9.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the term of this Contract. Prior to commencing
work, the Contractor shall deliver to City, certificates documenting this coverage. The
City may elect to have the Contractor submit its entire policy for inspection.
A. Insurance coverage and limits:
1 . Commercial General Liability Insurance
$1 ,000,000 each occurrence; $2,000,000 aggregate
2. Professional Liability Insurance
Not applicable.
3. Automobile Liability Insurance
Coverage on vehicles involved in the work performed under this contract:
$1 ,000,000 per accident on a combined single limit basis or:
$500,000 bodily injury each person; $1 ,000,000 bodily injury each accident; and
$250,000 property damage.
The named insured and employees of Contractor shall be covered under this
policy. The City of Fort Worth shall be named an Additional Insured, as its
interests may appear. Liability for damage occurring while loading, unloading and
transporting materials collected under the Contract shall be included under this
policy.
4. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
$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, and 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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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
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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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
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 activities 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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G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
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 COMPLY
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
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
(M/WBE) PARTICIPATION
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor 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.
A worker employed on a public work by or on behalf of the City of Fort Worth shall be
paid not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the work is performed; and not less than the general
prevailing rate of per diem wages for legal holiday and overtime work. A worker is
employed on a public work if the worker is employed by a contractor or subcontractor in
the execution of a contract for the public work with the City of Fort Worth.
The contractor who is awarded a public work contract, or a subcontractor of the
contractor, shall pay not less than the prevailing wage rates to a worker employed by it
in the execution of the contract. A contractor or subcontractor who violates this
requirement shall pay to the City of Fort Worth, $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the wage rates
stipulated in the contract.
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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 meeting the requirements of this
section.
19.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
20.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable in any
respect, the invalidity, illegality or unenforceability shall not affect any other provision of
this contract, and this contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
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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: Cody Whittenburg, Assistant Director
Code Compliance Department — Environmental Quality
Division
200 Texas Street
Fort Worth, TX 76102
If to the Contractor: Marla Murphy, President
G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services
2415 Cullen Street
Fort Worth, TX 76107
24.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract
Contract for Removal of Underground Storage Tanks- Page 14 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
without written consent of the City. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
25.
NO THIRD-PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
26.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel has 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
Contract for Removal of Underground Storage Tanks- Page 15 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
the terms of this contract, including terms that may vary from those of the Invitation to
Bid or the Contractor's proposal.
The signatory to this contract represents that he or she is legally authorized by the
Contractor to enter into a binding agreement on behalf of the Contractor.
The Remainder of This Page Intentionally Left Blank
Contract for Removal of Underground Storage Tanks- Page 16 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
ATTACHMENT A.
SCOPE OF WORK
The scope of work anticipated for the UST removals includes the following:
Contractor will furnish all labor, materials and equipment necessary to perform the removal,
transportation, and disposal of two underground storage tanks, located at:
2410 PROSPECT AVENUE AND 3527 HEMPHILL STREET
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.
CFW Site Address UST
FS 25 3801 North Main, Fort Worth, Texas 2- 550-gallon
76106
Meacham Airport 4201 North Main, Fort Worth, Texas 1-1,000 gallon Diesel and 1, 500 gallon
76106 Gasoline
Water Service Center 2201 West Daggett, Fort Worth,Texas 2- 10,000 gallon Diesel, and 1- 10,000
76102 gallon Gasoline
Description of Work Activity
Removal and disposal of one (1), 500-gallon Gasoline UST—Meacham Airport
Removal and disposal of one (1), 1,000-gallon Diesel UST—Meacham Airport
Removal and disposal of two (2), 10,000-gallon Diesel USTs—Water Service Ctr
Removal and disposal of one (1), 10,000-gallon Gasoline UST—Water Service Ctr
Removal and disposal of two (2), 550-gallon USTs— FS 25
Excavation of three (3)tankholds
Overexcavation of potential contamination located in tankholds
Transportation and disposal of contaminated soils from tankholds
Backfill three (3), Compaction three (3), and Density Testing at three (3) locations
In addition to the decommissioning of the existing USTs, clean select-fill materials will be
required to fill the former tank holds and will be provided by Contractor. Compaction of select-
fill materials will be required to occur in 12" lifts.
Contract for Removal of Underground Storage Tanks- Page 17 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
The scope of work for the UST removal includes the following:
1) The seven (7), 550-10,000-gallon/each underground storage tanks (USTs) which
currently serve the facilities shall be removed/demolished along with all associated
pumps, pipes, fill ports, and ancillary equipment. The existing dispensers are to remain
the property of the City of Fort Worth. All work shall be performed as described.
2) Contractor shall work closely with the Owner to sequence construction/installation and
demolition/removal activities to assure minimal interruption and unreasonable
inconvenience to facilities' operations.
3) The Contractor is responsible for the removal and safe disposal of three (3) 10,000
gallon USTs, two (2) 550-gallon USTs, one (1) 1,000-gallon UST, and one (1) 500-gallon
UST and associated underground piping, vent pipes, and fill ports.
4) Contractor must be a TCEQ-registered UST contractor to remove underground storage
tanks (USTs). A Registered UST contractor is a company that has registered with the
TCEQ to perform the installation, repair, modification, maintenance, and removal of UST
systems. Contractor must employ supervisors and personnel with training, licensing, and
understanding of Title 30 TAC §334 referring to State of Texas rules and for petroleum
storage tank (PST) systems.
5) Contractor must be experienced in all relevant technical standards and guidance
applicable for work on regulated petroleum storage tanks. The work shall be performed
under the supervision of an individual holding a current TCEQ-issued on-site supervisor
license.
6) Existing USTs and all associated pumps, piping, and ancillary equipment in association
with the USTs shall be removed.
7) Underground and above ground utilities shall be located and verified by Contractor prior
to any digging, surface material removal or excavation. It is the responsibility of the
Contractor to protect all utilities.
8) Approximately 240+/- linear feet of underground pipe is to be removed. Concrete
pavement that is removed in association with the pipe removal is to be replaced to City
of Fort Worth standard specifications. Contractor will assist the TCEQ-Licensed
Corrective Action Project Manager (CAPM) with the collection of soil samples in the
tankhold area as well beneath the underground piping runs and each dispenser.
9) Contractor shall assist the Owner' Representative or trained personnel in the collection
of soil samples as directed in the field and take direction from the Owner' Representative
or trained personnel concerning management of excavated soil.
10)Contractor shall assist the Owner' Representative or trained personnel in collection of
soil samples within the exposed pipe trenches, within the tankhold, and beneath the
dispensers. After sampling, as directed by Owner' Representative or trained personnel,
Contractor shall backfill pipe chase trenches to sub-pavement grade, and pave to match
surrounding pavement.
Contract for Removal of Underground Storage Tanks- Page 18 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
11)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.
12)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
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.
13)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.
14)Contractor agrees to provide waste profiling and manifests naming the City of Fort Worth
as the Generator of the excavated soils.
15)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.
16)Any damage to the storm sewers, facility piping, electrical, or other utilities or structures
during demolition procedures is to be repaired or replaced at Contractor expense. No
change order will be approved for any damage Contractor may cause to storm sewer or
other existing utilities. The tankhold is to be back filled to the specifications found in
Section 3.4
17)All replaced concrete shall be replaced with similar concrete paving and graded to match
surrounding drainage. Comparable curbing and pavement, if necessary for removal, may
also require replacement with surfaces equivalent to existing cover.
18)Contractor shall confirm measurement and quantities of cut and replacement concrete
by reviewing plans, documents and by measurements if necessary during the mandatory
pre-bid meeting.
19)As with any UST removal, contaminated soil or groundwater may be encountered that
exceeds a TCEQ PST Action Level. Excavated tankhold fill material must be temporarily
stockpiled on an impermeable polyethylene plastic surface; at least 10 ml thick, within a
temporary containment in a location approved by the Owner's consultant and will be
replaced with clean fill (See Section 3.4). The samples of the excavated material will be
taken and analyzed for disposal characterization purposes. Upon review of laboratory
analysis, the soil will be profiled and disposed of off-site, if required, or staged at a site
located within the Facility complex. At the direction of the Owner, the excavated soil
may be re-used at the site;
20)After the USTs are removed, new select fill shall be placed into the excavation to bring
the tankhold level up to a sufficient grade and compaction to support the new paving and
stable landscape grass cover.
Contract for Removal of Underground Storage Tanks- Page 19 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
21)Contractor should plan to leave the tankhold pit open for up to seven (7) calendar days,
after confirmation samples are taken, awaiting a decision by the Owner' Representative
for Contractor to remobilize and resume backfilling with clean fill. Contractor shall install
orange safety fencing to secure the tankhold while awaiting instructions to continue
backfilling.
22)Contractor shall pump or remove remaining diesel fuel/gasoline from existing tanks prior
to beginning demolition.
23) Prior to removal and with on-site Fire Marshal permission (green tag), Contractor shall
empty tank contents, triple rinse each UST and transport the rinseate for disposal. The
fee for the vacuum truck and disposal shall be included in the base fee proposed by
Contractor.
24)All liquids and residues removed from each tank shall be handled in accordance with
appropriate federal, state and local regulations. Contractor shall supply, to the Owner's
consultant, written certification in the form of manifests or other documentation by the
Contractor, shipper, and receiver that all liquids and residues, contaminated backfill or
other soil, tanks, and other materials were removed, shipped and disposed of in
accordance with all applicable permits, safety rules, and regulations.
25) Pavement demolition may be required for the UST piping to be removed. The removed
concrete will be transported off-site for disposal/recycling. Cost for demolition waste
disposal/recycling shall be included in the Contractor's fee. Contractor shall include
within its base fee and scope the proper removal, temporary storage, transportation and
disposal of up to 100 cubic yards of excavated fill material should the Owner'
Representative determine that the material is not fit for placing back into the tank pit.
26)Contractor shall be responsible for replacing the void of any such disposed fill material
with an equivalent amount of approved backfill.
27)The emptied and rinsed USTs shall be tested by the Contractor with an MSA
explosimeter, or equivalent, to monitor potentially explosive conditions during the
removal of each tank. Once this instrument indicates that the atmosphere in every tank
is non-explosive, the USTs shall be removed, labeled and transported off-site within 24
hours of removal. All tanks shall be appropriately vented, loaded and labeled for
transportation and disposal purposes. A certificate of destruction for each tank will be
provided with the final report.
28)The entire fuel system will not be removed. Consult the included construction and
demolition plans for guidance on remaining equipment. Any monitoring equipment buried
with the USTs shall also be removed.
29)Contractor shall be responsible for having all proper licenses/certifications to perform
UST removal work. Contractor shall communicate and coordinate with Owner'
Representative and/or Owner to obtain all applicable local, state, and federal permits
and notifications including making all notifications and payment for such permits. Certain
notifications and communication may be performed by the Owner' Representative.
Contractor is required to work closely with Owner' Representative to determine
appropriate notification and filing responsibilities, and confirm that all such notifications
Contract for Removal of Underground Storage Tanks- Page 20 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
and filings are done in full compliance with all applicable rules, regulations, industry
standards, and authoritative published guidelines. Contractor shall:
a) Retain copies of regulatory notifications, permits, and licenses and observe and
comply with all regulations and conditions of the permit or license, including
additional insurance requirements.
b) Obtain and pay for all other necessary permits including any and all necessary
highway, street and road permits for transporting pipe, heavy supplies, wastes, and
equipment necessary for construction of the Project.
c) Obtaining and paying for other permits necessary to conduct any part of the Work.
d) Arrange for inspections and certifications by agencies having jurisdiction over the
work including local TCEQ and City Fire Marshal's office.
e) Make arrangements with private utility companies and pay fees associated with
obtaining services, or inspection fees.
f) If necessary, Contractor shall make arrangements with private utility companies and
pay for fees associated with obtaining services, or for inspection fees.
30) Contractor shall notify the Owner' Representative if site conditions vary substantially
from specified drawings.
31) Contractor shall supply the Facility personnel and Owner' Representative with timely
detailed work schedules and provides weekly progress reports.
32) The Contractor shall timely provide copies of all submittals and documents submitted to
local and state regulatory permitting authorities as well as the Project Manager, Roger
Grantham, to review prior to order and installation of any equipment or parts for this
project. The Contractor shall provide detailed traffic control plan for the work area, if
applicable.
33) Contractor shall conform to standard stormwater pollution control best management
practices.
34) Existing structures, including nearby buildings, canopies, and walls, shall be protected
by Contractor. Contractor shall repair any damage to structures to equivalent or
improved status over pre-existing conditions.
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.
Contract for Removal of Underground Storage Tanks- Page 21 of 22
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—
SIGNATURE PAGE FOR
CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANKS
FROM 3801, 4201 NORTH MAIN STREET AND 2201 WEST DAGGET STREET
PROJECT NO. ENV- 21.02 : UST
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth,
Texas, on the dates written below.
CITY OF FORT WORTH CONTRACTOR
G.L. Morris Enterprises, Inc. dba Sunbelt
Industrial Services
BY: Valerie Washington(Nov 8,202116:56 CST) BY: Marla Murphy(Sep 16,202112:36 CDT)
Valerie Washington Marla Murphy (marla@sun-belt.com)
Assistant City Manager President
RECOMMENDED:
Cody M� enbijrg(No 8,202116:51 CST)
Cody M. Whittenburg
Assistant Director
APPROVED AS TO FORM WITNESS:
AND LEGALITY:
Chn,Y9,F L-v,(�G�I��G�1�ID I
Christa R.Lopez-Reynold (Nov 8,20211 5 CST) Casey PAdg� (Oct 11,2021 07 CDT)
v
Christa Lopez-Reynolds Casey Padgett (cpadgett@sun-belt.com)
Senior Assistant City Attorney Project Manager
ATTEST: p'F FAR.
Ronald Gonzales a~o o�
Acting City Secretary �v 0 00
4�
p
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
roger grantham(Oct 11,2021 12:34 CDT
Roger Grantham OFFICIAL RECORD
Environmental Supervisor
CITY SECRETARY
FT. WORTH, TX
Contract for Removal of Underground Storage Tanks-
G.L.Morris Enterprises, Inc. dba Sunbelt Industrial Services—