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STATE F TEXAS
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COUNTY OF TA NT
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CONTRACT FOR STRUCTURAL DEMOLITION
J AND REMOVAL, TRANSPORTATION, ANA DISPOSAL OF
CONSTRUCTION DEBRIS/MATERIALS,
ENV 13-105: NESH , DEMO
27019 GLI NT ER AVENUE
E. LITTLE SURVEY
A-594
DIAMOND HILL ADDITION
BLOCK 5 LOTS 13 & 14
FORT WORTH, TX
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This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule
municipality located within Tarrant County Texas, ("City"), acting through Fernando Costa, its
duly authorize Assistant City agar, and R s De + and Excavatl*ng, Inc.
("Contractor"), acting thr ugh Bobby Lindamood, Jr, its duly a uthorized Vice-Presi dept.
STOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the
City and the Contractor agree as follows:
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows:
City's Re r+ sentative means the Assistant Director of Transportation and Public Works,
Environmental Management Division., or his designee.
Contract Documents shall consist of the written, printed, typed and drawn instruments which.
comprise and govern the performance of the work. Said Contract Documents include, but are
not limited to this contract, Minority/Small Business Enterprise (M/SBE) goals or waivers, 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, word order (s), change orders, any contract amendments
and the payment, performance and maintenance bonds, or other such similar documents The
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF AS� ESTOS
CONTAMINATED TAMINATEC MATERIALS-2709 GUENITHER AVENUE,FORT WORTH,TX-JR'S DEMOLITION AND EXCAVATING,,G, INC.,
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kortra t 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 'Ir dude the additional instruments bound
herewith.
SHAD shall mean the United States Environmental Protection Agency National Emissions
Standards for Hazardous Air Pollutants, as described in Title 40 CFR Fart 6 l
Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It
also authorizes future invoices to be paid.
Subcontract means a contract between the Contractor for this pro ect and another person or
company for any task defined, in the scope of work. A purchase order is also considered a
subcontract.
2.
SCI E OF CONTRACTOR'S S VICES
NOW
A. The scope of work shall. 'Include the furnishing of all labor, materials and equipment
111"M necessary to complete the work specified In Attachment A.
MR B. Contractor shall perform., in a good and professional manner, the services, contained ire this
Contract and in accordance with all applicable federal, stage, and loyal lames, directives,
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guidelines.
SCOFF OF CITY SERVICES
The City agrees to perform the following
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A. City shall coordinate with facilities, City departments, and any tenants for access to the
site.
B. City shall prepare and revise all notifflications necessary to the Texas Department of State
Health Services Health (TDSHS) for the work provided herein.
J� C. City shall male payment of all applicable TT SH'S fees.
D. City shall give timely direction to the Contractor.
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E. City shall render decisions, regarding modifications t o the Contract and any other issue.
CONTRACT F F STRUCTURAL DEMOLITION N AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS_2709 GUENTHEER AVENUE,, FORT WORTH,TX-JR'S DEMOLITION ND EXCAVATING,AVATING, INC.
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4.
TIME TO COMPLETE THE PROJECT
Contractor will be responsible for coordinating with the Transportation & Public Work
Department Environmental Management Division immediately after receipt of (he Notice to
Proceed which shall specify the start date of abatement and/or demolition activities. The purpose
of the coordination will be assure compliance with the requirements for notification to the Texas
Department of State Health Services SHS .
Contractor sal begin abatement work on a ,specific date as specified in 'the Notice to Proceed,
which corresponds to the DS HS notification.
Contractor shall complete all work specified under within twenty working (20) days from the
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start date as specified in the Notice to Proceed unless are extensioln of time s granted in .tin
due to inclement weather, with any such determination being made in the sole discretion of the
City of:fort Wolrtl . A working day is defined as each day exclusive of Saturday, Sunday, and
declared holidays as designated by the City of Fort Worth. If a stop word: order %s issued by the
City, the number of working days shall be tolled until the day the Contractor receives a new
Notice to Proceed is issued.
Should the Contractor fail to begin and complete work within the specified time, then the City
shall have the right in its sole discretion to either 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
11 proper, and if in the completion thereof, the cost to City shall exceed the contract price, 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 lire Contractor,as an independent contractor, and not as an officer, servant, or
employee of the City. Contractor shall have the excl usive 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 plartnership or Joint venture between the City and Contractor, its
ffic rs agents, employees, and subcontractors; and the doctrine of respondent superior has no
application as between the City and Contractor..
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CONTRACT FOR STRUCTURAL DEMOLITION LITION AND REMOVAL,TRANSPORTATION,AND,DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS-2709 GUENTHER AVENUE, FORT WORTH,T JR'S DEMOLITION AND EXCAVATING, INC..
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6.
COMPENSATION
Se'c'tion L,
IMF, Fee Schedule.
City agrees to pay Contractor for its services according tot the schedule in Attachment B.
The City will not be liable for any Contractor casts In excess of this contract's not-tai-exceed
amount unless City has signed and issued a written, duly authorized amendment or modification
to the Agreement that specifics a deferent amount.
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 by "ask Order or Work Assignment
pursuant to the terms of this contract or duly authorized modification. Contractor shall not be
compensated for any orlk that is verbally ordered by any person and shall rely only upon written
authorization to conduct work.,
Section .
Release Upon Payment
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Acceptance by Contractor of said payment shall operate as and shall release the City from all
claims or liability under this Agreement for anything related to, done, or famished 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 3 0) days of the uncontested.
perfom—ancc of the particular services so ordered and receipt by City of Contractor's invo�icc 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.
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CONTRACT FOR STRUCTURAL DEMOLITION N ANA REMOVAL,TRANSPORTATION,AND ISPOS L OF ASBESTOS
CONTAMINATED MATERIALS-2709 GUENTHER AVENUE, FORT WORTH,T: JR'S DEMOLITION LITION AND EXCAVATING,INC.
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LI UD TED, MA GES
If Contractor fails to commence and complete lete wort under this Contract within the stipulated
071 time, there shall he deducted from any moneys due or owing Contractor, or which may become
due, the Burn 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 he treated as liquidated
damages and not a► a penalty, and City may withheld from Contractor's compensation suc sums
as liquidated damages. The amount of damage to City for delay in completion of the work s
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.ns. The following words and phrases shall be defined as follows:
l.. Environmental Damages shall mean all claims, jiudgments, damages, losses,
penalties, fines, liabilities including strict liability), encumbrances, liens costs,
and expenses of investigation and defense of any claim, whether or not such claim
is ultimately defeated, and of any good faith settlement of judgment, f whatever
bind 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 the
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existence f a violation of environmental requirements pertaining to the word, or
due to negligence or an intentional tort by the Contractor, a Subcontractor, or a
vendor and including without limitation:
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a. Damages for personal injury and death, or injury to property or natural.
resources
b. Fees "incurred for the services of attorneys, consultants, contractors,
experts, laboratories and investigation or remediation of the monitoring
wells or any violation of environmental requirements ents including, but not
limited to, the preparation of any feasibility studies or reports of the
performance of ray cleanup, remediation, removal, response, abatement,
1 containment, closure, restoration or monitoring work required by any
federal, state or local governmental agency or political subdivision, or
otherwise expended in connection with the existence of such monitoring
J wells or violations or environmental requirements, and including without
limitation any attorney s fees, costs and expenses incurred in enforcing
this contract or collecting any suns due hereunder; and
c. Liability to any third person or governmental agency to inder-mify such
person or agency for costs expended in connection with the items
}� referenced in subparagraph(b)herein.
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS-2,709 GUENTHER AVENUE, FORT WORTH,TX-JR'S DEMOLITION AND EXCAVATING, INC.
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2. Environmental requirements shall mean all applicable present and future statutes,
r regulations, rules, plans, authorizations, concessions, franchises, and similar
items, of all governmental agencies, departments, commissions, boards, bureaus,
or instrumentalities of the United States, states, and political subdivisions thereof
low and all applicable judicial, administrative, and regulatory decrees,judgments, and
orders relating to the protection of human health or the environment, including
without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, emissions, discharges, releases, or threatened
releases of hazardous mater�la.ls, pollutants, conta minants or hazardous or
toxic substances, materials, or wastes whether solid, liquid, or gaseous in
nature, into the air, surface water, groundwater, stormwater, or lard, 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,
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liquid, or gaseous in nature; and
b�. All requirements pertaining g to the protection of the health and safety of
employees or the public.
VON B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE,
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INDEMNIFY,NIFY, REIMBURSE, DEFEND, AND HOLD D HARML SS THE CITY,
IT'S OFFICERS, AG E "T" , 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,
PROPERTY, OR PERSONAL INJURY, AND/O,R AND/O, HEATH, OCCURRING AS A
CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS
AGREEMENT, WHETHER: SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE INTENTIONAL AL TORT OR NEGLIGENCE CE OF THE
OP . CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS.
C. Environmental Indemnification. '0NTRACTOR DOES HEREBY RELEASE,
.SE,
INDEMNIFY, IIE ENDI REIMBURSE, AND HOLD HARMLESS THE, CITE,
ITS OFFICERS, AGENTS, AND EMPLOYEES,, AGAINST ANY AND ALL
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ENVIRONMENTAL DAMAGES AND THE VIOLATION OF NY AND ALL
ENVIRONMENTAL REQUIR:E 'LE T'S RESULTING FROM CONTRACTOR'S
OPERATIONS UNDER THIS AGREEMENT' WHEN SUCH ENVIRONMENTAL
DAMAGES OIL VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE
CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, IT'S OFFICERS,
AGENTS, EMPLOYEES, OIL CONTRACTORS, OR THE JOINT ACS'" OR
01MISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY.
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
CONTRA T'FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANS PlO TA "ION,AND DISPOSAL OF ASBESTOS
ONTAMV III DATED MATERIALS 2709 GUENTHER AVENUE, FORT WORTH,TX-JR"S DEMOLITION AND EXCAVATING,, INC.
Page 6 of 21
are groundless, false, or fraudulent, and conducting all negotiations of any description,
' and paying and discharging, when and as the same become due any and all judgments,
penalties or other sums due against such indemnified persons.
E. upon learning of a claim, lawsuit, or other liability 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 liabilities for
any claim by the City or for a third party clam 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
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The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and
will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor
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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:
I. Commercial General Liability Insurance
1.1000!,000 each occurrence $2,0100,0100�� aggregate
2. Professional Liability Insurance
Not applicable.
ica:ble.
3. Automobile Liability Insurance
Coverage on vehicles involved in the work Performed under this contract: $ per
accident on a combined single limit basis or: $500,000 bodil y in"a each
1,000,000
bodily injury each accident; and $25 ,000 property damage..
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The named insured and employees of Contractor shall be covered under this policy. The
City of Fort Worth shall be named are 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 $1 0 , each accident
X500,000, disease -policy limit
$100,000 disease -each employee
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CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED INA►TED MAw,TERIA,LS 2709 GUENTHER AVENUE,UE, FORT ORTI I,T -JI ' ` DEMOLITION AND EXCAVATING, INC.
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5. Environmental Impairment Liability (EIL) andoor Pollution Liability $4,000,x00 per,
occurrence. overage(s) must be 'Included in policies listed In subsections I and
above; or, such insurance shall be provided under separate pole s). Liability for damage
occurring while loading, unloading and transporting materials collected under the
contrast shall be included under the automobile Liability insurance or other poliey s .
B. Certificates of Insurance evidencing that the Contractor has obtained all required
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insurance shall be delivered to the Cit prier to Contractor proc�eedin with Contract.
I. 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, off ci.a. s,
agents, and volunteers as respects the Contracted services.
2. Certificate(s) of Insurance shah document that insurance coverage specified herein are
provided under applicable policies documented thereon.
l , 3. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements.
minimum of thirty 3 days notice of cancellation or material change in coverage shall
be provided to the City. A ten l days notice e s all be acceptable in the event of'non-
payment p premium. Such terms shall be endorsed onto Contractor's ctor's is policies.
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Notice shall be set to Department of Financial Management Services - Risk
Management Division, City of Fort Worth, 1000 Throckmort+ n Street, Fort Worth, Texas
76,1012.
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.
1101M 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
WWI approved. Dedicated financial resources or Letters of Credit may also be acceptable
to .the C 1 ity.
IN" 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the
City as respects the Contract.
8. The City shall be entitled, upon its request and without incurring expense, to review the
Contractor's insurance policies including endorsements thereto and, at the City's
discretion; 'the Contractor may be required to provide proof of insurance premium
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payments.
9 The Commercial general Liability insurance policy shall have no exclusions by
IN endorsements unless t he City approves such exclusions.
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CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND'DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS LS-2709 GUENTHER AVENUE, FORT WORTHJX-JIB°'S DEMOLITION AND EXCAVATING, INC.
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. . The City shall not he responsible for the direct payment of any 'insurance premiums
,
required by the contract. It is understood thati'nsurance cost is an allowable component of
Contractor's is overhead.
1. All nsurance required above shall he written on an occurrence basis in order t o he
approved by the City.
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1.2. Subcontractors to the Contractor shall be required by the Contractor t maintain the sane
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 stitut a, breach by Contractor
of thew✓ contract.
1 .
BONDING
A Payment and Performance Bands., Befdre 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$100,000. The payment
bond is solely for the protection and use of payment bond beneficiaries aries who have a direct
contractual relationship with the Contractor or subcontractor to supply labor or material
and in 100%, the amount of the Contract. The performance bond is solely for the
protection of 'the City of Fort Worth, in 100% the amount of the Contract, and
conditioned on the faithful performance by Contractor of'the work in accordance with the
plans, s ecif cati ns, and contract documents. Contractor must provide the payment and
performance bonds, in the amounts and on the conditions required, within 14 calendar
days after Notice of Award.
B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to de business in the State of Texan that i s of sufficient financial
strength and solvency t o the satisfaction of the City. The surety must meet all
requirements, of Article 7.19-1 of the Texan Insurance Code. All bonds, furnished
hereunder shall meet the requirements of Chapter 2253 of the 'texas Government Code,
as amended.
ed.
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In addition, the surety must l held a certificate of authority from the ...gaited States
Secretary of the 'Treasury t qualify as, a surety on obligations permitted or required under
federal law; or 2 have obtained reinsurance for any liability in excess + f'$I ,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 United 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.
N sureties will be accepted by the City that are at the time In default r delinquent n
any bonds or which are interested %n any litigation against the City. Should any surety on
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED M, T TRIALS 2709 GUEN'THIER AVENUE, FORT WORTH,TX-JR'S DEMOLITION AND EXCAVATING,INC.
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the Contract he determined unsatisfactory at any time by the City, notice will he ,liven to
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the Contractor to that effect and the Contractor shall 'immediately provide a new surety
satisfactory to the City.
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WARRANT'S'
Contractor warrants that it understands the currently known hazards and the suspected hazards.
which are presented to pe�rson.s, property and the environment by the work specified in this
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 or order which would
prohibit performance of services under this Contract.
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NOW
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL,OF ASBESTOS
CONTAMINATED MATERIALS-27019 GU!ENTHE'R AVENUE, FORT WORTHI,T -JIR'S DEMOLITION AND EXCAVATING, INC.
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271"R
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DEFAULT AND TERMINATION
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A. Contractor shall not be deemed to e in default because of any failure to erg under
this contract if the failure arises solely from-, acts f"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
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to complete such work within the time specified herein, City shall have the right to tie
charge of and complete the work in such a manner as it may deem appropriate If City's
total costs exceeds t he costs as agreed in the contract documents, the City may deliver to
Contractor a written notice 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 o tie 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 o ' the City. All costs and
attorney � s incurred y Oty in the enforcement of any provision of this contract shall
e paid by Contractor.
D. City may terminate this Contract at its sole discretion and without cause upon thirty 3�0
days prior written notice to Contractor, and such ten-nination shall be without prejudice to
any other remedy the City may have. In the event of termination any word: in progress
will continue to completion unless specified otherwise in the notice ce of termination. The
City shall pray 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
s elsewhere in this contract..
3.
SERVE AND COMPLY
Contractor shall at all ties 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
d the work hereunder', and shall observe and comply with all orders, laws ordinances and
regulations including but not limited to applicable +environmental. laws. Contractor represents itself
u as knowledgeable i.n these matters and no, defense of misunderstanding or ignorance thereof shall be
considered. Contractor agrees to defend, indezrini fy and bold harmless City and all of its officers,
agents and e ployees from and against all claims or liability arising out of"tie violation of any such
order, law, ordinance, or regulation, whether it be by itself, its subcontractors, agents, or its
employees.
CONTRACT FOR STRUIcT IAL DEMOLITION AND REMOVAL,TRANSPORTATION,,AND DISPOSAL L F ASBESTOS
CONTAMINATED N"�MATERIALS-2709 GUEN'll f HER AVENUE,FORT WORTH,TX-,IR:'S DEMOLITION N ANA EXCAVATING,INC.
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1 .
MODIFICATION
No m ifflica +gin of' this Contract shah be binding on the Contractor or the City unless set
out lu writing and signed' y both parties. No modification cation shall be bind' upon the City
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unless ss signed by the City Manager or an Assistant City Manager of he City of Fort Worth. Any
changes to the scope of work or compensation rust b e in the fog of a written, formal,
authorized modifi cation 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 word or verbal agreements,tints 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 icer to
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. that it waives any claim based upon reliance
obtaining a written modification to this contract; bw
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) 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 ears after
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final payment under the subcontract, have access to papers and records of such subcontractor
involving transactions cns r
atin to the subcontract. The to "subcontract" as used herein includes
purchase orders,.
BUSINESS DIVERSITY ORDINANCE
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COMPLIANCE AND GOALS
It is City policy to ensure the full and equitable participation by Minority and Small Business
Enterprises, (MBE/SBEs) in the procurement of goods and services on a contractual, basis. If the
Contract Documents provide for an MBE/SBE goal, Contractor is required to comply with the
City"s Business Diversity Enterprise Ordinance, Ordinance No. 20020-12-2011 by the
fallowing:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by an MBE/SBE MBE/S on the Contract and payment therefor.
2. Contractor will not make additions deletions, substitutions of accepted tied MBE/SBEs without
written consent of the City. Any unjustified change or deletion shall be a material breach. of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
I ' DEMOLITION I TRANSPORTATION,AND ISPOSAL ASBESTOS TT CT =C STRUCTURAL �� �,
CONTAMINATED MATERIALS 2709 GUENTHER AVENUE, FOIST WORTH,TX-JIB'S DEMOLITION AND EXCAVATING, INC.
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3. Contractor shall, upon request by City, allow an audit and/'or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MBE SBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification of
Contractor to bid on future contracts with the City for a period of not less than three years.
1 *
PREVAILING WAGE RATES
Contractor shall comply with TEXAS GOVERNMENT CODE Chapter 2258, with respect to
payment of Prevailing Wage Rtes for public works contracts and Contractor shall comply with
the Davis „,icon Act for building, and construction trades, and shall comply with the prevailing
wage requirements as spWecif ed in the RAP for the project.
A worker employed on a public work by or on behalf of the City of Fort Worth shall ble plaid not
less than the general prevailing rate of per diern 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 word 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
contractor or subcontractor
contract violates this requirement shall pay to the City of
Fort Worth, 60 for each worker employed for each calendar day or part of the day that the
worker is paid less than the wage rates stipulated in the contract.
This requirement does not prohibit the contractor or subcontractor from paying an employee an
amount greater than the prevailing gage rate.
P,
18.
,
During the performance of' this.rs 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 F rt Werth..
Contractor ,agrees not to discriminate against any employee or applicant for employment because
of because of age, race, color, religion, seq., disability, national origin, sexual orientation,
tr ,.nsgender, ,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 ether 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.
1, ,
CONTRACT FOR STRUCTURAL DEMOLITION AN" C REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS 2709 GUENTHER AVENUE, FORT WORTH,TX-JR'S DEMOLITION AND EXCAVATING, INC.
�� Page 13 of 21
lam,
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, male or
regulation shall be deemed sufficient for the n o�se of meeting the requirements
1�
1.9.
GOVERNING LAW
The City and Contractor agree that the validity and construction f this contract shall be
� governed by t� laws State f Texas,
except where preempted by federal lam.
2 .
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 uner forc eability 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
prevision had never been contained in the contract.
21.
RIGHT'S 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 rr akinaa9 of any such payment by the City while any such breach or
default exists shall in no way impair or rej udiee any right or remedy available to the City with
respect to such breach or default. Any waiver by either party of any prevision or condition of the
J contract shall not be construed or decreed to be a waiver of any ether provision or condition of
this Contract, nor a waiver of a subsequent breach, of the sane provision or condition, unless
such waiver be expressed in writing by the party to be bound.
W
220,
JURISDICUON AND VE NUE
vy�s
Jurisdiction and venue of any suit or cause of auction under this Contract shall lie in Tarrant
County, Texas or the federal courts therein.
CONTRACT FOR "TRUCTURAL DEMOLITION AND REMOVAL,OVAL,TRANSPORTATI 1,AND DISF"OSAL.OF ASBESTOS
CONTAMINATED MATERIALS—2709 GUENTHER AVENUE,FORT WORTH,TX-JR"S DEMOLITION AND EXCAVATING, INC.
Page 14 of 2
230
NOTICES
Any notices, hills, invoices or reports required by this contract shall he sufficient if sent by the
parties In the United States mail, postage paid, to the address rioted below:
NOW
If to the City. Michael fan e, Assistant Director
Transportation and Public Works Department
�, 1000 Throckmorton Street.
Ford Worth, TX7612
If to the Contractor.- Bobby L r . m Jr., Vice-President
R' Demolition and Excavating, Inc.
1926 Parkside Avenue
Irving, TX 750161
ry
24.
Pp ASSIGNMENT'
The City and Contractor bind -hemsely s and any successors, and assigns to this contract.
Contractor shall not assign, sublet, or transfer its interest in this contract without written consent
of the City. Nothing herein shall he construed as, creating any personal liability on the Part of any
officer or agent of the City, nor shall it he construed as giving any rights or benefits hereunder to
anyone other than the City and Contractor.
25.
NIA 'THIRD-"ARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not Privy
hereto shall riot, in any form or manner, be considered a third party beneficiary of this
Agreement. Each party hereto shall he solely responsible f�►r the ����illrrr�nt �t� c� contracts
or comniitments.
26*
CONTRACT CONSTRUCTION
The parties acknowledge that each Party and, if it so chooses, its counsel have reviewed and
IrIN revised this Agreement and
that the normal rule f`construction to the effect that any ambiguities
are t h resolved against the drafting party rt not employed� the interpretation retatrn of this
Agreement or any amendments or exhibits hereto.
pr
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.,
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF,ASBESTOS
CONTAMINATED MATERIALS-27'091 GUENTHER AVENUE,FORT WORTH,TX "S DEMOLITION AND EXCAVATING, INC.
Page 15 of 21
O
2 .
ENTIRETY
This contract, the contract documents, and any other documents incorporated by reference harem.
are binding,g upon the parties and contain all the terns and conditions agreed to by the City and
Contractor, and no other contracts,, oral or otherwise, regwd ng the subject matter,of this contract
or any part thereof shall have any validity or hind 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.
2 .
AUTHORITY AND EXECUTION
By signing this contract Contractor warrants that it has had the opportunity i) to examine! this
contract in its entirety, 2 to have its legal counsel examine and explain the content, terms,
PIK
r uir�r I�er ts, Bets this contrast`Contractor so chooses, and 3 g
to negotiate the terms
of this contract within the bounds of applicable law.,
Having had the opportunity to submit its hid and also to specifically negotiate the terms of thi s
contract, Contractor ,agrees to he hound by this contract and expressly agrees, to the terms, of this
contract, including, tors 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 is left blank intentionally.
POP
I,,,
PO„
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,TATION,AND DISPOSAL of ASBESTOS
CONTAMINATED MATERIALS-2709 G UENTHER AVENUE,FORT WORTH,TX-JR'S DEMOLITION AND EXCAVATING, INC.
>>,, Page 16 of 21,
ATTACHMENT
SCOPE OF WORK
Contractor, will furnish all labor, materials s and equipment necessary to perform the N. SHAP,-
compliant demolition of the existing structure on the parcel located at-
JJ:
2709 +�UENTHER AVENUE
E. LITTLE SURVEY
n,
A-594
DIAMOND HILL ADDITION
BLOCK 5 LOTS 13 & I
FORT WORTH, TX
PROJECT SPECIFICATIONS
Site Preparation
Contractor ill disconnect all associated air conditioning units, and properly evacuate any
remaining refrigerant contained withln the units prior to being disconnected n accordance with
I! applicable law.
Utilities will have been terminated to the sites. Prior to demolition, the contractor will he
responsible for verifying that all utilities ("i.e. natural gas, telephone, water, etc.) have been
disconnected. Contractor will cut and cap all site utilities at point of connection to the site.
Contractor tractor wil be responsible for contacting all ,applicable utility services 1 n order to decide
whether or not rain lines or routes effectively traverse the project site. It will be determined
with the consultation of City staff the hest method to address any utility concerns involving the
aforementioned utility service issues.
J
Site Work
I�
Ali structures tures will e fully demolished including removing all slabs/foundations, utility
infrastructure and grading of'the parcel to properly manage storm water.
Demolition activities will include -the demolition o ��� site structures, concrete/asphalt alt trl it
slabs/foundations, and retaining walls. Streets, drives, and curbs constituting the perimeter will
X MR remain. All demolition debris will he removed from the site and recycled or disposed in a
landfill accepting such waste. All foundations will he removed down to a minimum of 2 feet
below grade. If foundations/piers extend beyond 2 feet below grade, they may he severed at that
point and left in place.
Contractor shall clean and remove all remaining furniture, fixtures, furnishings, building
materials, tires, debris, trash, rubbish and any other solid waste from the premises., These
materials shall he recycled, reclaimed or disposed at an appropriately state licensed facility or
landfill that is approved to accept such waste.
CONTRACT FOR STRUCTURAL DEMOLITION LITION AND REMOVAL,T NSP RTATI N,AND DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS-2709 GUENTHER AVENUE, FORT WORTH,TX-JR"S DEMOLITION AND EXCAVATING, INC.
FIR Page 17 of'21
1 ,
Contractor shall maintain proper safety fencing, as needed, and also provide for adequate
signage, barricades, traffic cones, and "flagmen" during the course of the project when heavy
traffic will be leaving or entering the site.
Demolition activities w'll lie perfo ed in accordance with Federal, State and local visible
emission requirements (i.e. no visible emissions gill leave the demolition area). Water s
available in the ieiit the construction area, The Contractor is responsible for obtaining .
City of Fort Worth— Water Department water meter if usage of water from nearby fire hydrants
4
is anticipated.
The work area will be maintained in a manner that will control all demolition debris from
becoming, windblown and/or migrating from the work area during and after working hours.
The contractor shall use clea.:n site soils, if available, or clean fill from an approved source to fill.
any holes, in t he terrain
resultln.g from any of the above were, and grade the entire lot, ensuring
.
that low areas are filled to l revent the pooling of water.
For the duration of the entire project, contractor shall sweep dirt and debris from the haul routes
ate onto fit
used to ensure and sed meat tracked furor. the site is collected and does not y
streets
Contractor shall properly plug and abandon existing cistern located on site by acl fillin with
select fill and capping surface two feet with an adequate clay soil in order to prevent surface
1 migration of rainwater.
Project Coordination
tion
l
Contractor will be responsible for coordinating with the City Transportation and Public Works
Department Environmental en.tal age ent Division, immediately after receipt of notice to
proceed, the start date of demolition activities to allow for notification to the Texas Department
of State Health Services SHS).
J Upon receipt of a notice to proceed and prier to demolition, contractor must obtain a wrecking
permit to demolish the subject structure from the Planning and Development Dep ent,
telephone 17) 392-2222.
In obtaining the wrecking permitthe contractor will be required to abide by City of Fort Worth.
ordinance number 17228, also known as the "Tree preservation Ordinance." Under -the
preservation ordinance, no tree 6 diameter or greater will be removed and all trees within 50
feet of a structure will be protected as per Tree Ordinance #17228. Removing trees that interfere
vit construction is p'e issibile while still retaining 50% o existing canopy. It is the Cityls
J intent to leave all. trees i place and only remove trees that are dead or will jeopardize the health
and safety of the workers performing demolition activities.
t,
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,T NSPORTA-riON,ADD DISPOSAL of ASBESTOS
CONTAMINATED MATERIALS 2709 GUENTHER AVENUE,FORT WORTH,TX-JR'S DEMOLITION AND EXCAVATING, INC.
,,,; Page 18 of 21
l�
ATTACHMENT B
COMPENSATION SCHEDULE
THIS IS A. FIXED-PRICE CONTRACT..
IMP
ALL ASBESTOS ABATEMENT AND DEMOLITION QUANTITIES L3EREIN ARE
ESIT'IMATESFOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE
AMOUNT OF ABATEMENT AND DEMOLITION TO BE,PERFORMED ON THE PROJECT
AND ARE NOT TO, BE CONSTRUED AS A LIMITATION OR MAXIMUM ON THE
AMOUNTS OF ABATEMENT OR DEMOLITION REQUIRED TO BE PERFORMED BY
CONTRACTOR.
SITE/BUILDING CONDITIONS AND QUANTITIES IDENTIFIED IN CONTRACT A
ESTIMATED, BY THE CITY AND/OR THE CITY'S NT", OR.
DESIGNEE. THE CONTRACTOR IS RESPONSIBLE E FOR COI DUCTING ITS OWN DUE
DILIGENCE AND FOR VERIFYING All CONDITIONS A UANTITIES PRIOR TO
EXECUr ING THIS CONTRACT. CLAIMS FOR ADDITIONAL COMPENSATION DUE T
VARIATIONS BETWEEN QUANTITIES, OR CONDITIONS, ACTUALLY ENCOUNTERED
IN 'FHE PROJECT AND AS INDICATED IN THE C Ti CT' DOCK M NTS WILL NOT
BE ALLOWED.
A. In consideration for the work performed by Contractor under this Contract, City shall
pay Contractor a total price not to exceed eleven thousand, three-hundred dollars
($11,300.00) for the completion of all work specified in this contract.
B. The City shall not compensate Contractor In excess of the Not-to-Exceed Amount
t
unless the City has executed a written, authorized, and formal Modification to the
Contract signed by the City Manager or are Assistant City Manager of the City of Fort
Worth. It is expressly agreed between the pestles that there shall be no oral
modifications to this contract.
C. The parties agree that eleven thousand, three dollars ($11, 300.00) shall he
the whole of compensation for all of the services specified in this contract. In the
event of a discrepancy between any unit price and the contract not-to-exceed price,
the riot-to-exceed price shall prevail. In no event will compensation be greater than
the not-to-exceed amount described herein.
PIP
D. Quantities identified in the Invitation to Bid were estimated quantities only. Prior to
submitting a held, as acted in the Invitation to Bid, the Contractor was responsible for
erlfyirrg all uantities upon which the Contractor's hid w, based. The Contractor
was to rely exclusively upon its, estr�ates�� iresti g
at + n research, tests, and
other data necessary to supply the full and complete information upon which .the
Contractor's hid was 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.
CONTRACT E FL STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS--2709 GUENTHER AVENUE,FORT WORTH,TX-JR'S DEMOLITION AND EXCAVATING INC.
Page 19 of 21
,
1'
E. By executing this contract, the Contractor affirms and agrees that the Contractor has
had the opportunity and duty to confirm all quantities prior to submitting a bid, and
Contractor expressly waives any and all right to additional compensation other than
the contract grand total as a result of y discrepancy between, the quantities
encountered and the estimated quantities i the Invitation to Bid and bid documents.
F. The parties intend and agree that any change order or modification to this contract
v* be in the case of only the most extraordinary off~circumstances. dry c.a* s for
additional compensation based upon variations between conditions actually
Pv encountered in this project and conditions as indicated in the Contract Documents
will not be allowed. Any claims for additional compensation proposed by Contractor
will be examined by the City in consideration of the terns described herein and .the
Contractors request for additional compensation must clearly shove why the variation
was not identifiable prior to the Contractor submitting its bid. As used in this
contract, ``not identifiable" means that the Contractor a) performed all investigation,
research, tests, and other data collection necessary to accurately determine quantities,
and b no reasonably 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.
The remainder of this page is left blank intentionally.
Yes
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED MATERIALS-2709 GUIENTHER AVENUE, FORT WORTH,TX-J "S DEMOLITION II+ LITII N AND EXCAVATING, INC.
Page 20 of 21
CONTRACT FOR STRUCTURAL DEMOLITION
AND REMOVAL, TRANSPORTATION AND DISPOSAL OF
CONSTRUCTION DEBRIS/MATERIALS
I
ENV 1.3-05. NESH.AP DEMO
2709 GUENTH.ER AVENUE
E. .LITTLE SURVEY-A-594
DIAMOND HILL ADDITION
BLOCK 5 LOTS 13 & 14
FORT FORTH,TX
IN WITNES S rFHEREOF, the plan es have executed this contract in triplicate! in Fort Worth,
Texas, on the dates written below..
CITY OF FORT WORTH CONTRACTOR
A s Demolition ition d Excavating, Inc.
a.
BY- "
,,. "�
*, WP 4�
Costa Bobby Lindy Jr�.
Assistant City Mana er Vice-President
Date Signed.
"
e
w s
nub M14
cnaei Gage
Assistant,Director(,','
'fransportation and PUTA'ic Works
APPROVED AS TO FORM
AND LEGALITY:
Arthur N. Bashor
Assistant City Attie
0006A
City Secretary RECORD
'ARY
CITy sECRET
FT.WORTHi TX
CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL,TRANSPORTATION,AND DISPOSAL OF ASBESTOS
CONTAMINATED M TERIiALS,, 2709 GUENTHER AVENUE,FORT WORTH,TX JR'S DEMOLITION AND EXCAVATING, II NC.
Page 21 of 21
mi6'1
CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY)
2/25/'2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION: ONLY AND CONFER NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT (CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)�, AUTHORIZED
REPRESENTATIVE OR PRODUCER,,AND THE CERTIFICATE HIOLDER.
IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the Polic r(i must be endorsed. If SUBROGATION IS WAIVED, subjmt to
the terns and edition of the Plowllnyr,certain policies may require,an endorsement. A statement on this certificate does not confab rights to the
certificate holder in lieu of such enadorsoment(s).
PRODUCER 385-3x"26
��"� NAIWlE w.�.., PaCr'I P" att
H HC Dallas Branch
Office PHONE Ex!1;972 354-2930 FAX :9172,385-3245
East Royal Lane
E-MAIL
Suits 250 ADDRESS Pam.P"ad eft hibbshal1mark.co"
Irving,,TX 75039 INSURER(S)AFFORDING COVERAGE NA►IC#
INSURER A Zurich American Ina Co
INSURED JR'a Demolition&Excavating Inc, INSURER e:EM law era,Mart Caa C
P 0 Box 170308 INSURER C Atnerican Guarantee&Liab Ina C
Irving, TX 75,017- INSURER
Teas Mutual Insurance �mpa �...
INSURER E:N�ators Specialty Ins. Co.
INSURED P
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
BER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. N TVATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DR 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
IINSURANCE m BEEN REDUCED BY PAID CLAIMS.
Lf Y EEE LI Y
LA LI�II Y NUM r � .... .. ..
GENERAL L LI SLIT EACH OCCURRENCE 10000,010
A X COMMERCIAL GENERAL LIABILITY �L� �������1 �°� ���1�' �°���"'�+�1 PREMIS E, a�wengp ._$ 100,00
CLAIMS-BADE CUR IE EXP(Any....°nrsaaa� ,
_._ PERSONAL&ACS INJUR _11 P
� � 1
GENERAL AGGREGATE 2,I'll 900
.... PER: PRODUCTS COMPIOP AGG
�EN��'L AGGREGATE
LIMIT APPLIES 2, rO�
POLICY X PRO- LOC
AUTOMOBILE LIABILITY COMBINED SIN LE LIMIT 11000,000
� ...
X ANY AUTO 4E1 288213 5/1812012 61181201,3 BODILY INJURY(Per person)
ALL OWNED, SCHEDULED, BODILY INJURY(Per accident)
AUTOS AUTOS
NON-OWNED I PROPERTY DAMAGE
HIRED AUTOS AUTOS (per accident) .. .�.. ......
_....
UMBRELLA I3 X OCOUR EACH CURRENCE _ 1 , 0
EXCESS LIA O CLAIMS-MACE �AEC � ���1 �������� �� ����1� .AGGREGATE __. ......,�. _000OV000
L�JDED I X RETENTION$ 10,0001
W+LRKERSw COMPENSATION �� TORY STATLI NTH ,
AND EMPLOYERS'IL ABILITY Y I N t II ,T�.1_15ER
ANY PROP(IETO A THE ECUTI'"E TSI�0d01171601 812112012 81211"013 E.L.EACH ACCIDENT ...... 1, 30o
OFIwICEI�I��IEMBE
R EXCLUDED? � NIA
_ __.... ....,.
(Mandatory ) ; 11000000
It es�d sib NH) E.L.E.N�,DISEASE-�EA EM PL+D�'E '......
C ,RIPTION F OPERATIONS below E.L.DISEASE POLICY LIMIT 1,0n00,0
General Liab...NonSimplified CH1 ECP" A3,11TI NC 111 1 1I3 1 Ili 1/2014 Pollution Liability y ,0
i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACOR.D 101,Additional Rer arlks Schedule,N more space is r ul )
Project,: Structural Demolition and,Removal,Transportation and Disposal,of Construction Debris/Materials at 27091 Guenther A venue, Fort Worth,
th,
T'X
City of Ft..Worth is listed,as additional insured as respects all liability policies as required by written contract.
CERTIFICATE HOLDER CANCELLATION
ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,BEFORE
THE EXPIRATION IRATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ft.Worth ACCORDANCE,WITH THE POLICY PROVISIONS.
000 Throckmor ton Street
Fort Worth,TX 761 02- AUTHORIZED ED'REPRESENTATIVE
1988-2010 ACORD CORPORATION. All rights,reserved.
COR D 25(2011105) The,AC R ,name,and logo are registered marls of AC Ri
VIVO
ti
PUP-
CERTIFICATE
CITY OF FORT WORTH Date: FelbruaLy 19, 2013
NAME OF PROJECT.- Structural' emol t on, and Removal Transportation, and
Disposal f Construction Debris Materials,alt 2709 Guenther
Avenue,, Fort Worth
PROJECT ' 'I ENV �.
-050
N ESH P� DEMO
JF s Demolition and Excavatin Inc
J)
Please staple,your Accord insurance fora to this page.
Your,insurance,form should list the City of Fort Worth as the addltionall'°y insured.
IM
;}.
4
1
CONTRACTOR COMPLIANCE WITH
WORKERS' COIF PENSATION LAW
Pursuant to .T.C.A. labor Code §406.96 (20001), as amended, Contractor certifies that
it provides workers' compensation insurance coverage for all of its employees employed
on City of Dort '"Forth Department of Transportation and City of Fort Worth Project .
ENV 131-06
1
,7
CONTRACTOR
JR'a Demolition and Excavating, Inc
011111" 1
w
i
^ QVI.
' '°
�r1
loll a me: l Title-.
t :�
STATE OF TEXAS
COUNTY OF TAR NT
of r e a undersigned authority, on this day personally appeared 1
Uku - - no n to me to e the person whose name is subscribed to the
o instru�ment7 and acknowledged to me that he xecuted the same as the act
and dead of 's Demo lfionii and Excavat"im, Inc for the purposes and consideration
WIN therein expressed and in the capacity therein stated
Given Under My bland and Seal of'Office this Z�%dayof �� , 2 � .
TA MI M.UNOAMCDOD
my�mmissin Expires
may 13,2014
(I tar udlic in and for the State of
Texas
nmmrirvrvrvrvrvry n ririimrvrvrvmimrvninei unmmnnmmmmnwwnim iruwwrm, ..—.......m,>.-..._._..._
I
IIII VENDOR...COMPLIANCE TO'STATE LAW.
c
The 1985 Session of the Texas, Legislature passed House Bill 620 relative to the award of contracts
to non-resident bidders. This lam provides that, in order to be awarded a contract as low b,id er,
non-resident bidders (out of state contractors whose corporate offices or principal place of
busine s are outside of th,e State or Texas) bid projects for construction, impro ements, supplies or
services in 'Texas at an amount lower than the lowest Texas resident bidder by the same amount
that a Texas resident bidder would be required too underbid a n n-resident bidder in order to
obtain a cow arable contract in the State in which the non-resident's priincipal place of business is
-of-state or non-resident located. Tl appropriate blanks in Section must be filled out by all out
bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident
contractors to do so will autornatically disqualify that bidder. Resident bidders must check the box
are Section B.
A. Non-Resident vendors in (give State), our principal place of business, are
required to be percent lower than resident bidders by State law. A copy o .
the Statute is attached.
Non-resident venders in (give State), our principle place of business, are
not required to unaderb*l d resident bidders.
B. Our principle place of business or corporate office(s) is in the State of Texas.
Bidder:
's Demolition and Excavatin Inc.
1926 Parkside Avenue
l rvi ng,Texas 75061
l
By.- (Please Print)
z a
HAW
r µuµ
"
s
S*gna {
r
Title (Please Print)
-P%k I T WO T H.
'40K
IPF
INVITATION TO BID
POP ENV 13:05 TPW - NESHAP DEMO
2 UENTH R AVENUE NORTH
FORT WORTH, TEXAS
Bids must be submitted in a sealed envelope, addressed to the City of Fort Worth Purchasing Division,
Lower Level, City Hall, 10,00 Thrn+ekmortun, Fort Worth, Texas 76102. Bids must be received by the
Purchasing Division no Doter than 1.30 p.m.on Thursday,January l ",2013.
The City of'Fort Werth is accepting, bids -f r the removal and transportation, to a proper waste disposal
facility, of building materials from a residence and associated buildings located at 2707 9 Guenther Avenue
North, Fort Worth, Texas 76106. The property includes a main residence constructed on a pier and beam
foundation, a secondary residence divided into two living sections located west of the main residence, an
auto repair garage constructed of concrete-masonry unit (CM U) walls, two sheds/storage buildings, and a
chicken coop. Based on site observations and information obtained through the Tarrant County Appraisal
District,the main residence at 2709 Guenther Avenue North consists of an approximately 1,,96 square foot
structure constructed in 1936. In addition to the structures a larger amount of trash, dumped lbu.ildin,
materials, and other debris is located on the site.. An identified water well is located adjacent south of the
main, resi once. An asbestos survey was on the residences, and associated buildings, and
asbestos contalnir� rnuateria s were identrfl
n the main residence, auto repair garage, and
secondary residence. The main res dente has since been deemed to be "Structurally Unsound" and
the demolition will be conducted as a 1 ES A e+um lla nt demolition, and the debris associated with
the main residence will be presumed to be as westos-contalnin
2709 Guenther,Avenue North, Pert Worth,"TIX
IMP
The scope of work includes the removal and disposal of the main structure that has been identified with
asbestos-containing or asbestos-contaminated materials.
NESHAt"compliant demolition of the main residential structure(approximately 1,960 square
feet).
It
Demolition of the secondary residence,CMU auto garage,sheds, and chicken coop,
• Removal of associated fencing,paving-,and grading of the site as necessary,
Removal of appliances, furniture,trash,and other debris associated w�ith the residence,
Plug Jn, d abandoning, in comp l'iaunce with state and local regulations, an identified water well
located adjacent south of the main residence.
All work must be completed in accordance with the most recent revisions of applicable laws and regulations
promulgated by the U.S. Environmental Protection Agency (EPA), Texas Department of State Health
Service (T'DSHS), Occupational Health and Safety Administration S14A), Department of Transportation
DO � City of Fort Worth evelopment Department or any other entity that may have jurisdiction on work
being performed.
I
POP 0
COST ESTIMA TE
Site,Address, Total
4 ,
2,709 Guenthier Avenue North, Fob Worth,Teas
po ,
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Submitted y
MIR/ Company Name
President/Vice-President reside'n (pnin nab
President/Vice-President(si .-
)041*�e I/_
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1"elephone,Number': iyeX4_6 (Y. 750a;l
Fax Number'
E-Mad A s
Bids mast be submitted in a sealed envelope, addressed to the City of Fort'Worth Pu rchasling Div�l nq
'Lower Level, City Hell, 1000 Throc m,ort n Fort Worth, Texas 761021. Bids must be received by the
Purchasing Division no later than 'l-.310 p.m.on Thursday,,January 17,2013.
01
I
I
SECURITY,,.
Bids mint be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible
total of the cost estimate. Alternatively,the City will accept a ca. hler's,check, in said amount,� with the�"it
named as payee, to be held in escrow until the successful Contractor signs the project Contract. This bond
into an agreement with the City to perform
,.
will serve�a The that the successful contractor will enter .�
the project. The +duty will only accept sureties duty qualified and authorized by the State of Texas as
corporate;sureties to act as bonding entities. Personal sureties are unacceptable.
INSURANCE REOUIREMENTS.
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 °wvork, 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. frisurance coverage and limits.
1. Commercial General Liability Insurance
10 S1,000,0010 each occurrence-,$2,000,000 aggregate;
regate;
2. Professional Liability Insurance
Not applicable;
3. Automobile Liability Insurance
Coverage on vehicles involved in the work performed under this contract; 1,000,000
'M per accident on a combined single limit b asis or $500,000 bodily injury each person;
l,000,00 bodily n ur i e each accidents and$250,000 property damage-
$1,
named insured and employees of Contractor shall be covered under this policy. The
City of:Port Worth shall be named an Additional Insured, as its interests may appear.
Liability for damage occurring while loading, unloading and transporting materials
collected under the Contract shall be included under this policy$
4. Work,ees Compensation
Coverage, statutory l units
"overage B: $1010,000 each accident
$50,0,000 disea e-policy limit
$100,000 disease-each employee;
5. Environmental lcpaient Liability pll and/or Pollution Liability $4,000,000 per
occurrence. EJL cove ges must be included in policies listed in subsections l and 2
above, or, such insurance shall be provided under separate policys . Liability for
damage occurring while loading, unloading, and transporting materials collected under
the contract shall be included under the Automobile Liability insurance or other
policys ..
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.
11)MM
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Opp
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)y,
I Applicable policies shall he endorsed to name the City an Additional Insured thereon,
as its interests may appear..The-term City shall include its employees,officers,officials,
l� agents,and volunteers as respects the Contracted services. .
2. Certificate(s) of Insurance shall document thra n uran 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 C days notice of cancellation or material change in, coverage
shall be provided to the City. A ten(10)days novice shall be acceptable in the event of
}
non-payment of premium. Such terrnus 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, 1 000 oeln�orton Street, Fort r'"orth,
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
1 g 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. 'rhe City shall be entitled, upon its request and without incurring expense, to review the
Contractor's insurance policies including endorsements thereto and, at the City's
discretion; the Contractor may be required to provide proof of insurance premium
payments.
9. The Commercial Genert l Liability insurance policy shall have no exclusions y'
endorsements unless the City approves such exclusions.
1+ . 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 C'ontractor's overhead.
11 All insurance required above shall be written one an occurrence basis in order to be
approved by the C i ty..
12. Subcontractors to the Contractor shall be required by the Contractor to rnaiuntw,n the
same or reasonably equivalent insurance coverage as required for the Contractor. When
)P subcontractors maintain insuurance coverage, + ontraotor 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.
.City of Fort Worth MWBE-office participation goal has been waived for this project.
u
Access to the site will be at your own discretion.
. 'rhe City of port Forth will provide the following.-
Texans Department of State Health Services Health TDSHS notification preparation and revision;
0 Payment of the T S HS fees
• mater,electrical,and natural gas access termination and
Independent asbestos consultant services.
,.,<
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1 lease address questions regarding the bid or access to Slewart Brow )ortworth 7"Imeframe to
u anise the work is teen 1 working days ftom the award i ng o f the hid.
MIF
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