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STATE OF TEXAS
NOON ALL BY THESE PRESENTS
COUNTY of TARRANT'
ANNUAL CONS TRACT' FOiR STRUCTURAL DEMOLITION
!
AND FEE '"loVAL, TRANS PORTATI ON,, A I D, DISPOSAL, O F
ASBESTOS CONTAINING MATERIALS
ENV 1 -10: DEMO
y
This contract is entered into by and between the City of Fort 'U' orth a hone-rule
municipality located within Tarrant County, Texas, ("City") acting through Fernando
Costa, its duly authorized Assistant City Manager, and Lind��amood Demolition, Inc.
"Contractor" , acting through Kayla Lindamood, its duly authorized President.
WITI'i ESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
l
Contract, the City and the Contractor agree as follows:
1.
DEFINITIONS
I�n this contract, the following cords and phrases shall be defined! as follows:
Change Order means an officially authorized and executed written amendment to, a
Task Order, issued by the City.
City's Re resentative means the Assistant Director of Transportation and Public Works,
Environmental Management Division,isiion, or his designee.
Contract Documents, means this contract; Request for Qualifications; attachments, pre-
bid amendments, and appendices to the Request for Qualifications; the Contractor's
response to the Request for Qualifications; all ancillary documents submitted with the
Contractor's response to the Request for Qualifications; Requests for Costs; Task
Orders; ands other written, printedi, typed and drawn instruments, that comprise and
govern the performance of the work, iincluding, but not limited to, proposal, plans,
specifiications, snaps, blueprints, notice of award, general conditions, special conditions,
supplementary conditions, general provisions,, special provisions, change orders, any
contract amendments and the payment, performance and maintenance bonds, or other
such siimilar documents as may be required for work performed under this contract.
The Contract Documents, shall also include any and all supplemental agreements
l approved by the City which may be necessary to complete the work in accordance with
u,
Asbestos Abatement and Demolition Annual contract Page, 1 of 23
Lindarnood Demolition, Inc.
the intent of the plans and specifications in an acceptable manner, and shall also
include the additional instruments bound herewith.
HE HAP shall mean the National Emissions Standards for Hazardous, Air Pollutants, as
described in Title 40 CFR Part 61
Notice to Proceed means the official letter issued by the City that authorizes Contractor
to begin work.,
.
Re guest for Costs means a project description an d other necessary details provided to
1
the Contractor her the City in order to obtai n a cost quote or hid for conduct of the project
therein described.
0 1
Subcontract means a contract between the Contractor for this pro eet and another
person or company for any task defined in the scope of work. A purchase order its also
considered a subcontract.
Task order means an officially authorized and executed written description and
specification directing the Contractor to perform,, specific services within the scope of this
contract, issued by the City.
Universal "waste means any of the followine g hazardous wastes that are subject to the
universal waste requirements identified in 30 TAC, 335.261
(i) batteries, as described in 40 CFR 273.2
(ii) pas described in 40 CFR 273.3
(iii) mercury containing equipment,, including thermostats, as described in 40
CFR 273.4
(iv) paint and aiint-related waste, as described in 335.262(b) of this title relating to
Standards for l" lana, ement of Paint and Paint-Related Waste), and
(v) lamps, as described in 40 CFR 273.5
2.
SCOPE OF CONTRACTOR'S SERVICES
As projects arise, the City will send a Re uest for Costs to all Contractors holding an
asbestos abatement, and demolition annual contract with the City. The City then will
issue a Task order for the ;proem to the contractor that submitted the lowest !Mild.
Individual projects will he authorized with a Task order which shall specify:
1. The scope of work for that project.
2. The time to complete work for that project.
I The agreed ceru pensatio for cerru leti+on of work as specified for-that project.
Page 2 of 23 Asbestos Abatement and Demolition Annual Contract
Li ndamood Demolition, Inc.
The scope of work shall 'Include rn s ran of all labor, materials,, and equipment
necessary to compliete the work is i accordance �t
Contract oc a rn nt .
Contractor shall perform in a good and professional ma,n� ner the services contained In
the Task Order, consistent with the Contract Documents and In accordance with all
applicable fe�derall, state and local laws, directives, and guidelines.
FIR Any changes to the scope of work shall require a duly authorized Change Order issued
by the City.
FRI The, City shall not pay for any work performed by Con-tractor or its subcontractors and/or
suppliers that has not been s leclific ll ordered by the City pan writing on a duly executed
Task Order or Chi n ee Order. Contractor shall not be compensated for any work that is
verbally ordered by any person and shall rely only upon Britten authorization to conduct
r .
3.
SCOPE OF CITY SERVICES
1,f/,
The City agrees, to perform the following se Tic s
A. City shall coordinate wit a facilities, City departrn ents, and any tenants for access
'
to work site
B. City shall prepare and revise all notifications necessary to, the Texas aas 1 .rtment
of State Health Services ( for the rk provided r i n.
C. City shall make payment of all applicable DS,HS fees.
D City shall give timely direction to the Contractor.
E. City shall render decisions re air inng modifications, to the Contract and any ther
issue.
4.
TERM
Unless terminated pursuant to, to terms, herein, this Agreement shall be for a term of
one ear, beginning upon ine date of its execution. In addlition, the terra may
extended by mutual agreement of the parties, for up to three (3), one-y r .
"M
„ Asbestos Abatement and Demolition Annual Contract Page 3 of 23
P
OWN
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. 1
COMPENSATION
Section 1.
Generally.
City shall not pay for any work performed by contractor or its, subcontractors, and/or y°
suppliers that has not been specifically ordered by the City in rioting by Task Order or
Change order pursuant to the terms of the contract Documents. 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..
Task Orders.
City will issue Task Orders to contractor that detail the work to be performed by -he
Contractor. Task orders will include at a minimum a unique Task Order Number, project
address, scope of'work, date to commence work, time period to complete work, and the
not to exceed payment amount for the Task. 1
Contractor will be responsibile for coordinating with the Transportation & Public Works
Department Environmental Management Division immediately lately after receipt of each
Task order which shall specify the start date of abatement and/or demolition activities.
The purpose of the coordination will be to assure compliance with the, requirements, for
notification to the Texas Department of State Health Services (DS HS).
Contractor shall begin demolition work on a specific date as specified in the Task order
which corresponds to the DSHS notification.
Contractor shall complete all work specified for each Task within the time specified' in
the Task Order unless an extension of time is granted in writing due to inclement
weather, with any such determination being made in the sole discretion of the City of
Fort "'worth. A working day is defined as each day exclusive of Saturday, Sunday, and
declared holidays, as desi hated by the City of Fort Worth. if a stop work order is issued
Page 4 of 23 Asbestos Abatement and Demolition Annual Contract
Lindamiood Demolition, Inc.
by the City, the number of working days shall he tolled until the day the Contractor
receives a written notice to resume work issued by the City.
Should the Contractor fail to begin and complete any Task within the specified time,
then the City shall have the right in its sole discretion to either 1 demand that the
Contractor's, surety tale 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 wort in such a manner as it may deem proper, and if in the completion
thereof, the cost to City shall exceed the contract price the Contractor and/or its surety
,shall pair City upon its demand in writing, setting forth and specifying an itemized
statement of the total cost thereof, said excess cost.
Section 3.
abase 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 4..
POP Invoice and Payment.
The Contractor shall provide separate invoices► to the City for each assigned Task. All
invoices must reflect the Task Order number.
Payment for services rendered shall be due rrwri�hiru thirty (30) days of the uncontested
performance of the particular services so ordered and receipt by amity of Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
poftion so contested may be withheld from payment, and the undisputed portion will be,
1
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.
LIQUIDATED DAMAGES
If Contractor fails to commence and complete work under this Contract within the
stipulated throe, there shall be deducted from any moneys due or owing Contractor, or
which may become due, the sumo of 1,01001.0o (one thousand dollars) per day for each
day after the date the project was to be completed, until the project is completed. Such
sumo 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
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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.
Asbestos Abatement and Demolition Annual Contract Page 5 of 2
L ndamood Demolition, Inc.
8..
INDEMNIFICATION
A. Definitions. The following words and phrases shall be defined as follows: �>>
1 "Environmental Damages"es" shall mean all damages, losses, diminished
values, claims, judgments, penalties, fines, liabilities, encumbrances,
linens, costs, expenses of investigation, and the defense of any claim,
whether or not such claim is ultimately defeated, results in a judgment or
order of any kind or its resolved by any good faith settlement, and of'
whatever Lind or nature, direct or indirect, tangible or intangible,
compensatory, exemplary, or punitive, economic or non economic,
contingent or otherwise, matured or unrnatured, foreseeable or
unforeseeable, to the City and' any third'' parties, including without limitation
reasonable attorney's and consultant's fees, any of the foregoing which
are incurred as a result the Contractor's work, or due to negligence, or
arising from a violation of any Environmental Requirements,: or arising
from strict liability, or an intentional tort, and whether any of the foregoing
are attributable to the Contractor, a Subcontractor, a vendor, employee,
agent, successor, or assignee and including by way of example but not
limited to:
a. Damages for personal injury or death, pain and suffering, mental
or emotional distress, injury to property of any kind or to natural
resources, environmental contamination, or the loss of use or s�
value of property-
b Fees incurred for the services of attorneys, consultants, Syr
.
englineers, contractors, exp rI laboratories, and investigators
related to any studies, cleanup,, remediation, removal, response,
abatement, containment, closure, restoration, monitoring work,
civil or criminal defense, or the recovery of any other nostsN and
c. Liability, claims, or judgments to any third persons or,
governmental agencies in connection with the items referenced
herein.
d. Fines, penalties, costs, agreed orders, or settlements to, any
federal, state, or local government for violations of environmental
laws, permits, standards, or regulations.
2. "Environmental Re quirements" shall mean the allowable or permissible
levels, concentrations, or amounts of materials all applicable present and �»
future statutes, regulations, rules, permits, plans, or authorizations of all
governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions
Page 6 of 23 Asbestos Abatement and Demolition Annual Contract
Lindamood Demolition, Inc,
�Q
thereof-I and all applicable judicial, administrative, and regulatory decrees,
judgments, and orders; and all common law causes of action'. all of the
above relating to the protection of human health or the environment and
hieing inclusive of, but not limited to:
al. All requirements, including, but not limited to, those pertaining to
reporting, licensing, �rnitin g, facilities, sites, operations,
missions discharges, relea�ses�� or threatened releases, f
wastes, substances, materials, pollutants, contaminants,
hazardous wastes, petroleum products, toxic substances,
materials, or other any other regulated or harmful substances
whether solid, liquid, or gaseous into the air, surface water,
groundwater, st rmwater, or land,, or relating to the manufacture,
processing, distrihuti� n uses tr�autrru�nt, storage, disposal,
transport, or handling of ele nts,, compoundsf rnateri ls,
,substances, pollutants, contaminants, or hazardous or toxic
materials, substances, or wastes, whether solid, liquid, or
gaseous in nature; and
h. All requirements, including, but not limited to, those pertaining to
reporting,l licensing, p irrnitting, facilities, sites, operations,
emissions,uuns, duschargs, releases, or threatened releases of
radioactive materials or radiation or,electromagnetic fields.
u. All requirements pertaining to the protection of the envirun ento
natural resources, the health and safety of employees or the
public and
d. Citizen suits authorized, by any federal or state law; and
e., Al,l common law causes of action rel tedI to h alth�, safety, natural
resources, and the environment.
Bi., Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY
HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITE'", ITS
OFFICERS, AG TS, AND EMPLOYEES GAI I ST N AND ALL:,
:,
1 ENVIRONMENTAL DAMAGES,, AS DEFINED HEREIN, THAT ARE
RELATED TO ANY ENVIRONMENTAL, REQUIREMENTS AS DEFINED,
HEREIN,, INCLUDING ANY ACTS, OMISSIlOiNNS, OR LIABILITIES S INCL UDING
STRICT LIABILITY) AN
s� 2 VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO
ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING
ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY).
„ Asbestos Abaternent and Demolition Annual Contract Page 7 of 23
Llndiamoodl Dernolition Inc.
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9.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
h below and will mint in it throughout the terra 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 u'.:ts entire pollicy for inspection.
A. Insurance coverage erage a d limits*.
1. Commercial General Liability ubilit Insurance
$11,000,0010 each occurrence; $ aggregate
ap
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 siin,gle lim,,it basis r: $ bodily
injury each person, $11 O�00,0�00 bodily i'n ury 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 nar ed an Additional Insured, as its
interests, may appear. debility for damage occurring while loading, unloading and
,7, transporting materials collected under the Contract shall be included under this
policy.
4. Workers, Compensation
Coverage statutory limits
Coverage E 00,000 each accident
$ 00,00!0 disease -policy limit
$100,000 disease -each employee
5. Environmental Impairment Li bility I L and/or Pollution Liability $4,000,000 per
occurrence. EIL covera e s must be included in policies, listed in subsections 1
and 2 above; or, such insurance shall be provided under separate p licy(s).
Liability for damage occurring while loading, unloading and transporting materials
collected under the contract child be included under the, Automobile Liability
insurance or other licys .
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.
Asbestos Abatement and Demolitions Annual Contract Page 9 of 23
Lindamood Demolition, Inc.
�4;9�JJy)y
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 + bunters 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 3 days, notice of cancel'lati n or material change in
coverage shall' he provided to the City. A tens ) days notice shall he acceptable
in the event of non playm nt f' premium. Such terms shall he endorsed onto
Contractor's insurance policies. Notice shall i he sent to, Department of Financial
Management Services _ Risk Management Division City of Fort Worth, 10100
Throolmrton Street, Fort Worth, Texas 761 2. �»
5. Insurers for all policies roust be authorized to do business in the state of Texas or
be otherwise approved by the City; Fund, such insurers shall he acceptable to the
City inn terms of their financial strength and solvency.
6. Deductible limits, or self-insured retentions, affecting insurance required herein g
shall be acceptable to the amity in its sole discretion, and, in lieu of -traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must he 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 s uhirogati!on in favor
or
of the City as respects the C ntr a t.
. The City shall he entitled, upon its request and without incurring expense, to Sil
review the Contractor's insurance policies including endorsements thereto and, at
the City's discretion" the Contractor may be required to provide prolof'of insurance
premium payments. a
9 The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
10. The City shall not he 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 Britton on an occurrence basis in order to �»
be approved by the City.
Page 10 of sbestos Abatement and Demolition Annual Contract
Llndamod Demolition, Inc.
I
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2. Subcontractors to the Contractor shall be required by the Con-tractor to maintain,
},, '� the seine or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors rn uintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
h�
Notwithstanding anything,, to the contrary contained herein, in the event
subcontractor''S insurance coverage is canceled or terminated,, such oencellation
or,termination shall not constitute a breach by Contractor of the contract.
10.
11"M BONDING
Payment and Performance Bonds.. Before beginning the work, the Contractor shall be
required to execute to the City of Fort Worth e payment bond for Task orders in excess
of $25,0010 and a performance bond if the Task order is in excess of $1 00,000. The
payment bond is sollely for the protection and use of ayment bond beneficiaries who
i MW have e direct contractua,l, relationship with the Contractor or subcontractor to, supply
labor or material and in 100 the amount of the Tusk order. The performance bond is
solely for the protection of the City of Fort Worth, in 100% the amount of the Tusk
Order, and conditioned on the faithful performance by Contractor of the work in
,accordance with the prune, s ecifications,, and contract documents. Contractor must
provide the payment and erfdirrnance bonds, in, the amounts and on the conditions
y required, within 14 calendar days after issuance of the Task order.
Requirements for Sureties. The bonds shall be issued by a corporate surety duly
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authorized and permitted to do, business in the ,State of Texas that is of sufficient
financial strength and solvency to thee, satisfaction of the City. The ,surety must meet all
requirements of Article 7.191-1 of the Texas Insurance Code. All blonds 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 laws or (2) heave obtained reinsurance for any liability in excess of
$ from a reinsuurer 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
Mr, 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 goof
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 Co n tractor to that effect and; the Contractor shall immediately provide a new
surety satisfactory to the City.
Asbestos Abatement and Demolition Annual Contract Pagie 11 of 23
Lind mood Demolition, Inc.
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 wort
specified in thin contract.
Contractor further warrants that it will perform all services under this Contract in a safe,
efficient and lawful manner using industry accepted practices, and in full' compliance
with all applicable, state and federal laws governing its activities and is under no restraint
traint
or order which would prohibit perforrn nee 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
enemyy 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 falls to begin work or to complete work within the time specified in a
Tusk order, 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 exceed the costs
as agreed in the contract documents, the City may deliver to Contractor a written
notice of the total excess, cu is 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 Coin-tractor'f oils to meet
the specifications of a Task Order or the Con-tract Documents, City may notify
Contractor of the deficiency in writing.. F l�lure of Contractor to correct such )yg
deficiency and' complete the work required under this contract or a Task order to
the satisfaction of City within ten days after written notification shall result inn
termination of this contract at the discretion of the City. All costs and attorneys
fees incurred by Cityin 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 3 days prior written notice to Contractor, and such termination shall be
w"thout prejudice to any other remedy the City may hare. In the event of �y»y
termination any work in progress will continue to completion unless specified
otherwise in the notice of termination. The City shall pay for any such orl that is,
oolmplete by Contractor and accepted by the City., s
E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this contract.
Page 12 of 23, Asbestos Abatement and Demolition Annuial Contract
Lind n ood Demolition, Inc.
OBSERVE AND COMPLY
Contractor shall at all tines observe and comply with all federal stag and Ioca l laws and
regulations and with all Cite ordinanices and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, lags
ordinances and regulations including but not limited to applicable environme ntal laws..
Contractor represents itself as knowledgeable in these matters and no defense of
misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend,
indemnify and hold harmless City and all of its officer , agents and employees from and
against all claims or liability arising out of the violation of'any such order, lair, ordinance,e, or
regulation, whether it be by itself, its subcontractors, agents, or its employees.
14.
MODIFICA- iO
No o+d fic ti�on of this Contract shall be bionding on tine, Contractor or the City
` unless .set out in wri inn and sigrne�d � �t� �� i��� modification ha�l'1 be
binding upon the City unless signed by the pity Manager or an Assistant City Manager
of the City of Fort Worth. 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 net to make changes to its legal, financial, or logistical
position on any matter biased on any oral repiresentatien 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 duo to an
alleged oral modification to a material term of the Contract Documents or a Task Order
through the City, its employees, contractors, or agents; and c) that it waives any claim
for compensation for work performed based upon an alleged oral change to a material
term of this contract by the Cite, its employees, or agents.
Ir
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 terra ",subcontract as used herein includes
purchase orders
Asbestos Abatement and Demolition Annual Contract Paige 13 of 23
Lindamood Demolition, Inc.
6.
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 " " in city
contracts. contractor agrees to a minilmum M E participation of 15% in accordance
with its proposal and the aforementioned ordinance, contractor acknowledges the
goal established for this Agreement and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) alnld 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.
7.
PREVIALINc WAGE RATES
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 he RFQ for the project.
A worker ern loyed 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 them 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 its awarded a u�bilic work contract, or a subcontractor of the
contractor, shall pay not less than the prevai 1H ng gage rates to a worker employed ed by it
in the executioln of the contract. A contractor or subcontractor who violates this
requirement shiall pays to the city of Fort Worth, $60 for each corker employed for each
calendar days or part of the days that the worker its paid less than the gage gates �y
stipulated in the contract.
This requirement does not prohibit the contractor or subcontractor from aging an
employee an ,amount greater than the prevaiiling gage rate.
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.
t
Page 14 of 23 Asbestos Abatement and Demolition Annual Contract
Lindamood Demolition, Inc.
,,.
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, o�lo�r, rel gio�n�, sox, disability, national
origin„ sexual orientation, transgender, gender identity or gender lexpress,ion 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 tonne, cond�itions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
POW for ompl�oyment, notices setting forth the provisions, of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed
�
s;
by or on behalf "this contract, that Contractor i an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
4 regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
1 :
19.
GOVERNING A
The City and Contractor agree that the validity and construction of this, contract shall be
governed by the laws oft 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 bold to be invalid, illegal or unenforceable in any
respect,1 the invalidity, illegality or unenforceability shall not affect any other provision of
this contract, and this contract shall, remain in effect and he construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
21.
RIGHTS AND REMEDIES NOT WIV
1 In no event shall the making her the City of any payment to Contractor conistitute or bye.
construed as a waiver b ► 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 carne provision or condition, unless such waiver be
expressed in, writing by the party to be bound.
y Asbestos Abatement and Demolition Annual Contract Page 15 of 23
L r damood Demolition,, Inc.
22.
JURISDICTION AND VENUE
By executing this contract, the parties consent to the Jurisdiction of the State of Texas, OWN
and Veer u!e ' any suit or cause of action under this contract t shall He in Tarrant County,
ty
Texas or the federal courts therein.
23.
NOTICES 1
Air notices, billsI invoices or reports required by this contract shall be sufficient if sent
by the arties in the United States mail, postage paid, to the address noted below »�
If to the City: Michael Dan e, Assistant Director
wr
Transportation rtation and Public Works a Department
1 000 Thrnci rnurt n Street
Fort Worth, TX 76102
If to the Contractor: Kayla Lindamood, President
Linda mood Demolition, Inc.
2020 South Nursery Road
Irving, TX 75060
2 .
ASSIGNMENT
ENT
The it r and Contractor bird themselves and any successors and assigns to this
contract. Contractor r shall not assign, sublet, or transfer its interest in this contract
without wdtten consent of tire, City. Nothing herein shall be construed as creating are CJµ
rsonal liability on the part of any officer or agent of the City, nor shall it be construe
as giving any rights or benefits hereunder to anyone other that the City and Contractor.
25.
NO T'H I R -IAA►RTY BENEFICIARIES
Tide Agreement shal'l' 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 scllely responsible for the fulfillment of its
own contracts r commitments.
Page 16 of 23 Asbestos Abatement and Demolition Annual Contract
Lindamood Demolition, Inc.
1
r
26.
CONTRACT CONSTRUCTION
The parties, acknowledge that each party and, if it so 0 oosos, its counsel' have
f
reviewed and revised this Agreement and that the normal i uI of construction to the
effect that any ambiguities, are to be resolved gaunt the drafting arty must not be
employed in the interpretation of tide Agreement r i i
any amendments or exhibits hereto.
The Feedings contained herein are for the convenience in reference and are not
intended to define or limit tiro, scope of any provision of this Agreement.
77
27.
ENTIRETY
7,i This contract, the contract documents, and any other documents incorporated by
reference heroin 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,
ise
regarding the subject natter 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 terns of
this contract and any other contract, documents, then the terms of this contract shall
govern.
2 .
AUTHORITY OF ITi AND EXECUTION
By signing thus 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.
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.
Remainder of page is intentionally left blank.
Asbestos Abatement and Demolition Annual Contract Page 17 of 23
Linda good Demolition, Inc.
R
}
SCOPE OF WORK
Contractor will furnish all labor, materials and, equipment necessary to perform
demolition, and asbestos abatement services as described below and ire subsequent Task
Orders for specific projects issued by the City to the Contractor.
THERE IS NO GUARANTEE OF ANY WORK UNDER THIS CONTRACT; however,
on a eoific written authorization bv the fit , demolition and abatement services may
be performed on the following >}
Structures exempt from the asbestos National Emissions Standards for hazardous
Air Pollutants l<` ESHAP — such as a single family residences.
Facilities, regulated under the Asbestos ESHAP" that contain regulated asbestos
containing material M) below thresholds.
0 Facilities regulated under the Asbestos NESHAP that require removal of RACM
prior to building demolition.
Facilities regulated under the Asbestos NESHAP that have been declared,
structurally unsound or in danger of imminent � IIa
Task orders for demolition and asbestos abatement services may be issued on a per
property basis or as a group that may require hasin 1.
Any and all asbestos, related activities, must be performed' at a minimum 'in strict adherence
,u.
to the Texas Asbestos Hazards and Protection Act, NESHA , and Occupational Safety
and Health Administration (OSHA) rules and regulations. If the� Con
�traotor provide i �► its own
personal sampling pumps and PCI ! cassettes to the City's Asbestos Consultant then the
City's Consultant will perform the laboratory analysis of the PCM cassettes for OSHA
monitoring.,
All work performed under this Agreement shall be in strict adherence, to all applicable
federal, state, and local runes, and regulations.
PROJECT COORDINATION
Contractor will be responsible for coordinating with the TIOW - Environmental Management
Division,, the start date of demolition to allow for notification to the Texas Department of
State Health Services DSH . The City of Fort Worth will prepare and submit the DSHS
notification and pay all DS H S, notification fees.
Upon receipt of a Task Order and prior to demolition, contractor must obtain a wrecking
permit to demolish any structulres from the Planning and Development Department - (8 17)
392-2222 uuyy
In obtaining the wrecking permit, the contractor will be required to abide by city of Fort
Worth ordinance number 1 7228, also known as the `Tree Preservation Ordinance." Under
Page of 23 Asbestos Abatement and Demolition Annu.al Contract
act
Lindamood Demolition, Inc.
/%..,r
the preservation ordinance, no tree '" diameter or greater will be removed and' all trees
within 50 feet of a structure r iill be protected as per Tree ordinance #117228., Removing
trees that interfere with construction is permissible whil'e Mill retaining, 0% of existing
canopy.
Prior to site mobilization, the contractor must determine the applicability of the Texas
Commission s on Environmental Quality TCE and city of Fort Worth Storm Water Dulles
including the TPIDES General Permit Flo. TXR11 50000 and receive approval from the city.
In additiion, the contractor must also submit any required documentation to the TCE, and
1, -the city of Fort Worth. The contractor melt maintain compliance with these rules and
ensure posting i of any required materials is done in such a manner so that the information
can readily be obtained by the general public.
I
SITE PREPARATION
J
Prier to any abatement or demolition activities, the contractor will remove all un�ivers,al
waste items, including light bulbs, mercury-containing devices, paints, pesticides etc.
These items �ill be, properly packaged and disposed by the contractor. The contractor will
provide documentation (waste rnanifost,1 bull of lading, etc.) that the waste was properly
disposed.
r;.
Contractor will disconniect alli, associated�i air conditioning units, and properly evacuate any
remaining refrigerant contained within the units prier to, being discoinnected�.
Utilities will have been terminated to the sites. Prior to de�molitioln, the contractor will be
responsible for verifying that all utilities i.e. natural gas, telephone, r ate�r, etc.) have been
disconnected. Con�tractor will cut and cap all site utilities at point of connection to the site.
Contractor will be responsible for contacting, applicable utility services in order to decide
whether or not main lines or routes, effectively traverse the project site. It will be
determined with the consultation of city staff the best method to address any utility
concerns involving the aforementioned ul:iilit�y service issues.
SITE WORK
All structures, will be abated of all RACM and w�ill be demolished typically removing all
slab�slfoundations,, utility infrastructure and grading of the! parcel to properly manage storm
water. In some instances, slabs/foundations may have to remain in place and will be
id���enti�ied by the city on a case by case basis.
Prior to the start of abatement and��� demolition of any structure, each struct ure shall be
inspected to ensure the safety of the crew.,
All debris generated from the removal of RAc,M is to be disposed of as asbestos,
containing waste.
O
Asbestos Abatement and Demolition,annual € ontra t Page 19 of 2
Lindamood Demolition, Inc.
Prior to any site disturbance, the contractor will have implemented stormwater Best ORR
Management Practices MPs . This may include,, but not be limited to, the use of silt
fencing, rock check darns, mulching, erosii n control bl unkets, cu and in et protection
devices sediment traps, sediment, basins and/or stabilized construction entrances and
exits
Contractor shall clean and remove all remaining -furniture, household furnishings, building
materials,l tires, debins, trash, rubbish and any other solid waste -fr m the premises. These
materials shall be recycled, reclaimed or disposed at a facility r landfill that is approved to
accept such waste.
Contractor shall maintain proper safety fencing, as needed, and also provide for adequate
signa a barricades, traffic cones, and "flagmen" during the course of 'the project when
head traffic will be leaving or entering the site. Temporary safety fencing to be used shall
be e heavy-duty, diarnend-link mesh, orange, high density polyethylene safety or security
fencing that will withstand substantial weather-related stresses.
The Contractor is responsible for obtaining a City of Fort Werth —Water Department water
meter if usage of water from nearby fire hydrants is anticipated.
The, work area will be maintained in a manner that hill control gill demolition debris from
becoming windblown and/or migrating from the wo,r,k area during and after working hours.
The contractor shall use site material, if available, or clean fill from an approved source to
fill any holes in the terrain resulting from any of the above work, and grade the entire lit
ensuring that low areas s ure filled to prevent the peeling of water.
For the duration of the entire project, contractor shall sweep dirt and debris from the haul
routes used to ensure any sediment tracked from the site is collected and does net
migrate onto City streets.
specific grass type indigenous to the area will be selected and agreed to depending
upon the time of year when the planting will occur. the ,s+ it will be analyzed by the
contractor in order to determine current nitrogen,, phosphoric Lucid, and potash contents in
order to determine the concentration and fertilization rate that should be supplied to
maximize growth. Soil samples and analytical results must be provided to the City for
determining if additions of soil amendments will be necessary. This rust be done prior to
the dissemination of the epiplio able indigenous grass seed. The seeded area will be
watered by the contractor,, as needed, to allow proper establishment of vegetation
The Contractor will maintain the MPs and the vegetative area for at least six months, or
until e, uniform vegetative cover with e minimum of 70 percent coverage has been
established and has been accepted by the City for maintenance by others, whichever is
earlier.
Page 20 of 23 Asbestos Abatement and Demolition Annual Contract
Lindamood Demollition, Inc.
F
P, unce sufficient a station has been established, all BMPs will be removed by the
contractor and the project will be closed out.
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Asbestos Abatement and Demolition,Anni ual Contract Page 21 of 23
Li good Demolition, Inc.
KR
/" TTAC H M E NT T
COMPENSATION SCHEDULE
THERE IS' NO GUARANTEE O!F' ANY MINIMUM ANTITY OF WORK UNDER THIS
CONTRACT. INDIVIDUAL,UAL, PROJECTS SMALL BE PERFORMED AS ORDERED
TASK DER DULY ISSUED BY THE CITY.
Work performed for each Task Order issued shall be compensated on a fixed-price
axis, which shall be specified on the Task Order for each project. The compensation
amount on the Task Order shall be the blid amount from the contractor for the individual
project. Issuance of a Task Order by the City shall constitute acceptance of the
Contractor's bid for the project.
A. The City shall not compensate Contractor in excess of the amount specified
in each Task Order unless the City has executed a written, authorized,
Change Order. It is expressly agreed between the parties that there shall be
no oral modifications to thlis Con-tract, Requests for Costs, Bids, or Task.
Orders issued under this Contract.
B. Quantities identified in Re quests for Costs are estimated quantities only. prior,
to submitting a bid for a project, the Contractor is responsible for verifying all
quantities upon which the Contractor's bid is based. The Contractor ins to rely
exclusively upon its own estimates, investigation, research, tests, and other
data necessary to supply the toll and complete information upon wh,ich the
Contractor's bid is based. It is mutually agreed that submission of a bid is
prima-facie .evidence that the Contractor has made all of the investigations,
examinations, and tests required to make a fully informed offer.
C The parties intend and agree that any change order will be issued only in the
case of extraordinary circumstances. Any claims for additional compensation
based upon variations between conditions actu�alil'y encountered in a project
and conditions as indicated in the project Task Order will not be allioved. Any
claims for additional compensation proposed by Contractor will be examinedr
by the City in consideration of the terms described herein and the Contractors
request for additional compensation must clearly show why the variation was
not iden'l ifia le prier to the Contractor submitting its bid. As used in this
contract, not identifiable means that the Contractor a pertorm!ed all
investigation, research, tests, and other data collection necessary to
accurately determine quantities, and b no reaso�nably possible investigation
research, tests, or other data collection could have identified the variation.
The final determination as to additional compensation will be made at the sole
judgment and' discretion of the City.
s
The total amount of compensation under this contract shall not exceed $650,000 'in any a
annual term.,
"age 22 of 23 Asbestos Abatement and Demolition Annual Contract
L ndarnood Demolition, lnc.
ANNUAL CONTRACT FOR STRUCTURAL DEMOLITION
AND REMOVAL,, TRANSPORTATION, AND DISPOSAL OF
ASBESTOS CONTAINING MATERIALS
1
Ir/
ENV 12-10: DEMO
IN IT JESS THEREOF, the parties have executed this contract In triplicate in Boat
W'ort x Texas,, on the dates written below.
CITY OF' FORT WORTH CONTRACTOR N,16
i darrio d Dem liti� , I c.
BY: BY.Fernando Costa Kayla LinddlMlood
Assistant City Mana President
Cute Signed:
,
RED MENCAE W IT'NE µ
&Jai
Assistant Dire for
Transpoirtatio d Public Works
APPROVED AS TO FORM
AND LEGALITY:
FIR,' M ,
� v d
Arthur N. Bashor
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Assistant City Attorney
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171
OFFICIAL RECORD
CITY SECRETARY
OT VW
Demolition Annual Contract Page 23 of 23
Asbestos Abatement and J„
Lindamoold Demolition, Inc.
01
AC"I?a CERTIFICATE OF LIABILIT'Y' INSURANCE, DATE(M MID DNYYY)
0 211 8�/2 0 13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 04LY AND CONFERS NO RIGHTS,UPON THE CERTIFICATE HOLDER,THIS
CERTIFicATE DOES NOT AFFIRMATIVELYOR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY'THE POLICIES,
BELOW. THIS CERTIFICATE OFINSURANCE 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 pollcy,Certain policies may require an endorsement, A statement on this certificate does not confer rights to the
certificate holder in 111eu of such endorsement(s).
PRODUCER CONTACT Tonya Johnson
MCGRIFF SE�BELS&WILLIAMS,INC, NAME:
PHONE -476-2211
PO,Box 102165 8�00 (AIC11 No)�
Sirrn'Mgharn,AL 352,02 E-MAIL
ADDRESS:tJohnson@rncg riff.colmi
................ .......... ............
........... INSU�RER(S)AFFORDING COVERAGE NA1C#---
INSURER A.Great Midwest Insurance Co a 1869�4
!j1p....n ... ...........
INSURED INSURER B.Imperium Insurance Co
Lindaimolold Demolition,Inc, ............................ ......----------...... ..................... .............
Lindarnood Heavy Hauling,Inc. INSURER C:Oklahorna Spec!�!�,uran,ce Co
20,20,South Nursery Road INSURER D Texas Mutual Insurance Company............. 22,945
Irving,TX 75,060 ............... -—------
INSURER E:
INSURER F
COVERAGES, CERTIFICATE NUMBER:82UA4A5T REVISIONNIUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN�S�URED,NAMED,AB,O: E FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN!REDUCED BY PAID CLAIMS,
------------ ...... WIN ....................
INSR 0b-LJ—CY--E1ff#,�PO
,�LICY EXP
LTR TYPE O,F'INSUIRANCE �INSR WVD POLICY NUMBER MIDE LIMITS
(MMIDD/YYYY� (MM11DDNY�Y`Y)
C GENERAL LIABILITY �OFMP011000016-00 12/31/2012 03/0112014 EACH OCCURRENCE $ 1,0100,000
COMMERCIAL GENERAL LIABILffY PREMISES $ 100�0010
7—x -------
5,000
CLAIMS-MADE OCCUR .-MED-E,XP(Any one person) ...........I'll,I I I---
1 1,1000,01010
........ -T..ERSQNAL 1&ADV INJURY
2,000,01010,
....GENIERA.L..,AGGREGATE $ ---
11 AGGREGATE LIM�T APPLIES PER�� �PROOUCTS-COM�P/OP AGG S 2,01001,000
..........--........-
POLICY PRO- F7 LOC $
JEQ7
A AUTOMOBILE LIABILI�-rY CA00026403-101 12/'31/20112 03/01/2014, COMBINED SINGLE LIMIT
._JEa accid;nt) $ 1,000,1000
x ANYAUT10 BODILY INJURY(Per pers�on) $
---111............... ...............
x ALL OWNED SCHEDULED BODILYINJURY(Per accident) $
AUTOS AUTOS ik — ............
NON-OWNED PERTY DAMAGE $
x HIRED AUTOS AUTOS:
11,,,Traller Interchange Liab 50,000
12 5,000,000
01 F M PO 1010 010117-0 01 /3 1/2012 03/0,1/2014 $
B UMBRELLA LIAB
X OCCUR EACH OCCURRENCE
5,000,000
X EXCESS LIA13 CLAIMS-MADE AGGREGATE
L..................... ............... --—---------
DE'D I X I RETENTION$�10,000 ... ......... $
D WORKERS comprzNSATION Q003130216 12/31/2012 12/31/2013 X WC STATU- OTH-
-TORY LIMITS .............-......................-
AND EMPLOYERS'LIABILITY YIN ER 1,000,000
ANY PROPRIETORtPARTNEWEXECUTIVE E,L,�EACH ACCIDENT S
..........-
N/A
OFFICERIMEMBER,EXCLUDED?
1,,000,000
(Mandatory In NH) E1.DISEASE-EA EMPLOYEE $
If yes,descnbe under
DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT $, 1"010011,000
$
...............
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
re,EN�V 12-1�01',Diemo-Annual Gointract for Striuctl.Vra�l Dernoliton&Removal,Transportation,and Disposal of Asbestos Containing Materials.
Certificate Hollilder is Additional insured under General Liability and provided with a wavier of subrogation as requ�ired by written c�ontract.
-CERTIFICATE HOLDER CANCELLATION
SH�OUILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE"
THE EXPIRATION DKrIE'THERECIF,NOTICE WILL,BE�DELIV'ERED IN
City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS.
Attn:Michael Gange AUTHORIZED REPRESENTATIVE
Transportation&Puiblic Works Department
1000,Throckmorton Street
Fort Worth,TX 76102 J"......
low Page 1 of'2 @ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACO�RD name and logo are registered mar�ks,of ACORD
AGENCY CUSTOMER ID:
LOC#:
AC")?" ADDITIONAL REMARKS SCHEDULE, Page 2 of 2
PRODUCER INSURED
MCGRIiFF,SEIBELS&WILLIAMS,INC. Lindamood Demolition,Inc.
Lindamood Heavy HaLfling Inc,
POLICY NUMBER
CARRIER NiAIC CODE
IS;UE D,ATE: 02/1812,013
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: FORM TITLE:
Pollution Liability
Policy Number: MSWB065954
Carrier: Navigators Specialty
Policy Term: 02/18/13 to 03/01/'2,014
Limits of Liability:
$4,000,,00O Occurrence
$4,000,000 Aggregate
Deductible. $25,000
L-ACORD 101 (20108/011) 2008 ACORD CORPORATION. A111 rights reserved'.
The ACOI DI name and logo are registered marks of ACORD CERTIFICATE NUMBER: 82UA4A5T
Ilk,
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CERTIFICATE OF INSURANCE
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I`
TO: CITY OF FORT WORTH Date.: January 20,13
r
NAME OF PROJECT: Annual' Contract for Structural Dern lition and Rem wal
Transportation, and Disvosal of Asbestos Containaing Material
j„ PROJECT NUMBER: ENV 12-10: DEMO
Oft
I CONTRACTOR: I ind rno Demolition,, Inc.
Plelase sta ile y uir Accord insurance form to this, page.
Your insurance form should list the City of Fort Worth as the add itionai lly insured.
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CONTRACTOR COMPLIANCE WITH
RERS' COMPENSATION A"
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Pursuant to V.T.C.A. Labor Code 406.9 (2000), as amended, Contras r certifies that
it provides workers' compensation insurance coverage, for a:ll of its employees emiployeld
on City of Fort Worth Department of Transportation and City of Fort Worthy project No.
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CONTRACTOR
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.
Name. F\tk-\j un
Tilde:
Date:
STATE OF TEXAS
COUNTY OF TARRAN
Be r me., the undersigned authority, on this day personnal'ly appeared
known to me to e 'the person whose name is subscribed to the
f going instrument, and acknowledged to nee that he executed the same as the act
and deed' of Lilnda d' Demolition Inc. for the purposes and consideration therein
expressed and in the capacity therein stated'.
I Office �� d of
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Given Under Hand and Sep f ce th
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Notary ow
, F" I i c i n nd r t State f
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t, VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 62 relative to the award of contracts
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to non-resident bidders. This law provides that, In order to be awarded a contract ins low biddeir,
non-resident bidders (cut of state contractors whose corporate offices or principal place of
business are outside of the ,State or Texas) bid projects for construction, improvements, supplies or
services in Terns at an amount lower than the lowest Texas resident bidder by the same amount
that a Texas resident blidde,r would be required too underbid a non-resident bidder in girder to
obtain a comparable contract in the State in which the non-resident's, principal ,place of biusiness, is
located. The appropriate
blank in Section A must be filled out by all out-of-state or non-resident
bidders in order for your bid to, meet specifications. The failure of glut-cif-state car non-resident
contractors to do so will automatically disqualify that bidder. Resident bidders must check the box
in Section B.
t
AM Non-Resident vendors in (give Statue), our principal place of lousiness, are
required t he percent lower than, resident idd�rs b State I�n�. � � ►+ f
the Statute is attached.
Ikon-resident vendors rn (give State), our principle place of business, are
not required to underbid resident bidders.
Our principle place of business or corporate office(s) is in the State of Texans.
Bidden:
Undamood Demolition InC
2. South Nurse Fed.
Irving,TX 750601
(Phase Print)
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Title (Please print
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M&C Review Page I of 2
Off ir''lal site of the Oty of Fort Worth,Texas
FonWoRm
%moi too UNLUL AbaftENDA
COUNCIL ACTION.-- Approve on, 12/118/20121
DATE: 12/18/2012 REFERENCE NO.: **C-26017 LOG NAME: 20ASBDEM02013
CODE: C TYPE: CONSENT PUBLIC NO
a
HEARING,
SUBJECT: Authorize, Execution of Non,-Ex,clusive Annual Contracts with Garrett Demolition, Inc.,
Intercon Environmental; Inc.,, and Lindamood Demolition, Inc., for Structural Demolition
and Asbestos Abatement Services for All City Departments at a Cost Not to Exceed a
Total of$650,000.00 During Any One-Year Term (ALL COUNCIL DISTRICTS)
RECOMIMENDATIONN
It is recommended that the City Council authorize the execution of non-exclusive annual contracts
with, Garrett Demolition, Inc., Intercon Environmentally Inc., and' Lindamood Demolition, Inc., for
structural demolition and removal, transportation,, and disposal of asbestos containing materials on an
as-needed basis for all City Departments in the aggregate not-to-exceed sum of 650,000.010 during
any one-year term.
DISCUSSION:
A Req�uest for Qualifications i(RFQ)for the provision of structural demolition and removal,
transportation, and disposal of asbestos containing materials on an annual contract basis was
advertised in the Fort Worth Star-Tel' rain on June 7, 201�2 and June 14, 20112. On July 2,6, 201,2,
seven, firms, submitted qualifications.
Submittals,from each of the seven firms were reviewed and rated based on the published weighted
selection criteria. The six criteria and thelir respective weightings are-, (1) the firm's past experience
and references (50 percent), (2) the prime contractor's proposed project team members and their
experience (1'0 percent),! (3),the qualifications of the providerl s subcontractors (1 percent), (4) the
proposed ICI E, participation and plan (1 percent), (5) the contractor's legal history (five percent),
and (6) the contractor's work history with the City(five percent):. Thie seven firms and their resultant
weightings were-.
. ...... ....
Intercon Environmental, Inc., 91 points
Garrett Demolition, Inc. 90 points
Lindamood Demolition, Inc. 816 points
Cactus Abatement and Demolition, LLC 77 points
RN DI Companies, Inc. 76 points
Midwest Wrec-Ling Co. of Texas, Inc. 66 po,iints
.......... on
,Lloyd D. labors Demolition, LLC 1 61 pointy
Based on these reviews, the top three rated firms are Garrett Demolition, Inc., Intercon
Environmental, Inc., and Lindarnood Demollition, Inc.
A separate contract will be established with each of the three top rated firms. The contract,services
will be performed on an as-needed basis. Each firm will be asked to submit a cost for each identified
project, the lowest cost contractor wild be issued a Task Order to complete the project. Contract terms
will, be one-year with options to renew for three additional one-year periods at the City's option, with
the aggregate amount of Task Orders for all contracts hereby approved' not to exceed $650,000.00
during, any one-year term.,
Garrett Demolition,, Inc.,, Intercon, Environmental, Inc., and Lindamlood Demolition, Inc., are in
1ittp-//apps.cfWnet.org/co,unci1 iew. .
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M&C Review Page 2 of 2
compliance with the City's M/WBE ordinance by committi'ng to 11 5 percent M'/WBE participation. The
City's goal for this contract is 15 percent. Additionally, Intercon Environmental, Inc., and' Lindarnood
Demolition, Inc., are certified M/WBE -firms.,
The projlect will serve Fort Worth, residents in ALL COUNCIL DISTRICTS.
FISCAL INFORMATIONXERTIFICATION:
The Financial Manageme�not Services, Dlirector certifies, that funds are available in the current operating
budgets, as appropriated, of the participating departments,.
TO Fug nod/Account/Ce ers FROM Funid/Ac,c nt/C inter
s
Subm'Ifted flor Ci*! Manager"s Office bv: Fernando Costa (61212,)
Orig!nat'llng Department Head.. Douglas Wielrsig (78 01)
Additional Information Contact: Michaell Gunge (6569)
ATTACHMEM' TS,
http://apps.cfwnet,org/council_pa,cket/mc—review.asp?ID=17756&councildate-12/18/2012 3/1/2013