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STATE F TEXAS
C01UNTY OF TARRANT § KNOWN ALL BY THESE, PRESENTS
CONTRACT' FOR REMO A L,, TRANSPORTATION, AND DISPOSAL
OF
ASBESTOS CONTAINING MATERIALS
NV '1 06: C ITS" ALL ACM ABATEMENT
1,000 t � l�Ar �I�N
THRO,CK ORTON STREET, FORT' WORTH, TX
This Contract y Worth, texas, a home-rule
� entered into end between the fit of Port
municipality located within Tarrant County Texas, "City" acting through Fernando
Costa, its duly authorized Assistant pity Manager, and 1 Priority Environmental
Services, Inc. ('''Contractor" , acting through Gary Caldwell, its duly authorized President
1
and CEO.
WINESSETH:
NOW; THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows-....
1.
DEFINITIONS
1,, In this contract, the following words and phrases shall be defined as follows:
City's Re resentative means the Assistant Director of Transportation and Public Works,
Environmental Management Division, or his designee.
IFF
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 omen Business Enterprise
(M/WBE) goals or waivers, all bid documents, the Request for Proposals, Invitation to
OFF Bid, instructions to bidders, special instructions tol bidders, ,addenda to the notice to
bidders, proposal, plans, specifications, maps, blueprints, notice of' ,award, general
conditions, special conditions, supplementary conditions, general provisions, special
provisions, work orders , change orders, any contract amendments and the payment,
performance and maintenance bonds., or other such similar documents. The Contract
Documents shall also include any and all supipl, mental ,agreements approved by the
CONTRACT FOR ASBESTOS ABATEMENT' Page 1 of 21
ENV 13.-016 CITY MALL A CJ's ABATEMENT
IF
I PRIORITY ENVIRONMENTAL SERVICES, INC
FOR
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City which may be necessary to complete the work in accordance with the intent of the
plans and specifications in an acceptable manner, and shall also include the additional
instruments bound herewith.
s HAP shall mean the United states Environmental protection Agency National
Emissions standards for Hazardous Air Pollutants as described in Title 40 CFR Part
61.
Notice to proceed means the letter issued by the City that authorizes Contractor to
begin work. It also authorizes future involices to be paid.
Subcontract means a contract between the Contractor for this project and another
person or company for any task defined in the scope of work. A purchase order is also
considered a subcontract.
Universal Waste means any of the following hazardous wastes that are subject to the
universal waste requirements identified in 30 TAC 335.261
(i') batteries, as described in 4 ' C F X73.2
(ii) pesticides, as descrilbd in 40 CFR 273.3
(iii) mercury-containing equipment, including, thermostats, as described in 40
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CFR 273.4
(iv) paint and paint-related waste, as described in 3351.2b of this title (relating to
Standards for Management of faint and Paint-Related elated Waste) and
(v) lamps, as described in 40 CFR 273.5
r 2.
SCOPE of CONTRACTOR'S SERVICES
A. The scope of work shall include the furnishing of all labor, materials and equipment
necessary to complete the work specified in Attachment A..
B., Contractor shall perform, in a good and professional manner, the services contained
in this Contract and i accordance with all applicable federal, state, and local laws,
1 directives, and guidelines.
3.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. City shall coordinate with facilities, City departments, and any tenants for access
1 to the site.
CONTRACT FOR ASBESTOS ABATEMENT Page 2 of 21
ENV 13,016. CITY HALL Ac
ABATEMENT
1 PRIORITY ENVIRONMENTAL SERVICES, INC
INC
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B. City shall prepare and revise all notifications necessary to the Texas Department
of State Health Services S,HS for the work provided herein.
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C. City shall make payment of all applicable DSHS fees.
D. City shall g,ive timely direction to the Contractor.
E. City shall render decisions regarding modifications to the Contract and any other
issue.
4.
� TIME To COMPLU E THE PROJECT
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Contractor will be responsible for coordinating with the Transportation & Public Works
� Department — Environ�mental Management Division immediately after receipt of the
Notice to Proceed which shall specify the start date of abatement and/or demolition
Vp activities. The purpose of the; coordination will he assure compliance with the
requirements for notification to the Texas Department of state Health, Services DSHS .
Contractor shall begin demolition work on a specific date as, specified in the Notice to
Proceed which corresponds to the D,S,Hs notification.
Contractor shall complete all work within the time specified in the Notice to Proceed
unless an extension of time is granted in writing diue 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
holiday's as designated by the City of Fort Worth, if a stop work order is issued by the
, ity the number of workings days shall be tolled until the day the Contractor receives a
new Notice to Proceed.
Should the Contractor fail to begin and complete work within the specified time, then the
City shall have the right in its siolle discretion to either 1 demand that the Contractor's
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surety take over the work and complete same in accordance with the pl,ians,
specifications and other Contract Documents or (2) to take charge of and complete the
A, work in such a manner as it may deem proper, and if in the completion thereof, the cost
to City, shall exceed the contract price, the Contractor and/or its surety shall pay City
upon its demand in a writing, setting forth and specify,ing an itemized statement of the
total, cost thereof, said excess cost,.
INDEPENDENT CONTRACTOR
The City agrees to hire Contractor as an independent contractor, and not as an officer,.
9 secant, or employee of the City., Contractor, shall have the exclusive right to control the
detail's of the work performed hereunder, and all persons erformin same, and shall be
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solely responsible for the acts and omissions of its officers, agents, employees, and
CONTACT F'3F ASBESTOS ABATEMENT Pace 3 of 21
ENV 7 .` EMEN
1 PRIORITY ENVIRONMENTAL SERVICES, INC
subcontractors. Nothing herewith shall be construed as creating a partnership or joint
venture between the City and Contractor, its officers,1 agents, employees, and
subcontractors; and the doctrine of res ondeat superior has no application as between
the City and Contractor.
6.
COMPENSATION
Section 1.
Fee schedule.
City agrees to pay Contractor for its services according to the schedule in Attachment B.
f The, City will not be liable for any Contractor costs in excess of this contract's not-to-
exceed amount unless City has signed and issued a written, duly authorized
amendment or modification to the Agreement that specifies a different amount.
City shal�l, not pay for any work performed by Contractor or its subcontractors, and/or
suppliers that has not been specifically oirdered by the City in writing by Task Order or
Work Assignment pursuant to the terms of this contract or duly authorized modification.
Contractor shall not be compensated for any work that is verba ly ordered by any
person and shall rely only upon written authorization to conduct work.
Section .
Release Upon Payment
Acceptance by Contractor of said payment shall operate as and shall release the City
from all claims or liability under this Agreement for anyt ing related to, done, or
furnished in connection with the services for which payment is made, including any act
t 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 days of the uncontested
performance of the particular services so ordered and receipt by City of ,Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
portion so contested may be withhelld, from payment, and the undisputed portion will be
paid. No iinterest will accrue on any contested portion of the billing until mutually
resolved. City will exercise reasonableness in contesting any billing or portion thereof.
IMF-
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LIQUIDA"IrED DAMAGES
If Contractor fails to commence and complete work under this Contract within the
stipulated time, there shall be deducted from any moneys due or owing Contractor, or
CONTRACT FOR ASBESI'O,S ABATEMENT ',age 4 of 21
l E V?3:06:CITY HALL A CM ABATEMENT
I PRIORI ENVIRONMENTAL SERVICES, INC
which may become due, the sum of $1,000.00 (one thousand dollars) p "
per day for each
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day after the date the piroject was to be completed, until the project is completed. Such
sum shall be, treated as liquidated damages, and not as a penalty, and City m ay withhold
from, Contractor 11si compensations such sums as liquidated damages. The amount of
damage to City for delay in completion of the work is difficult to ascertain and the
amount of' the liquidated damages per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
8.
INDEMNIFICATION
A. Defin�itio s. The following words and phrases shall be defined as follows:
"Environmental damages" shall mean all damages, losses, dilminished
values, claims, judgments, penalties, fines, liabilities, encumbrances,
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liens, 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 i's resolved by any good faith settlement, and of
whatever kind or nature, direct or indirect, tangible or intangible
Torm compensator , exemplary, or punitive, economic or noneconomic,
contingent or otherwise,1 matured or unmatured,1 foreseeable or
unforeseeable, tot the City and any third parties, including without limitation
reasonable attorney's and consultant's fees, any of the foregoiing which
l' are incurred as a result the Contractor's work, or due to negligence,
arising from strict liability, arising from a violation of any, environmental
I`C requirements, neglige + e, or an inte tional 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
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example but not limited to:
a. Damages for personal injury or death, pain and suffering, mental
or emotional distress, i
nju ry to property of any kind or to natural
resources, environmental contamination, or the loss of use or
value of property,
b. Fees incurred for the services of attorneys, consultants,
engineers, contractors, experts, 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 costs; and
,,,
c., liability, claims, or judgments to any third persons or
governmental agencies in connection with the items referenced
herein.
CONTRACT FOR ASBESTOS ABATEMENT Page 5 of 21
�f ENV 1x..06:CITY HALL ACM ABATEMENT
I PRIORITY ENVIRONMENTAL SERVICES, INC
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d. Fines, penalties, costs, agreed orders, or settlements to any
federal, state, or local government for violations of environmental
laws, permits, standards, or regulations.
. "Environmental requirements" shall mean all applicable present and fuiture
statutes, regulations rules, permii:ssible levels, concentrations,, or amounts
of contaminants, permits, plans, or authorizations of all governmental
agencies, departments, commissions:, bureaus,
or V
as instrumentalities of the United States, states, and political subdivisions
thereof and all applicable judicial, administrative, and regulatory decrees,
judgments, and orders, relating to the protection of human health or the
environment, and all common law causes of action, including but not
limited to, and without limitation:
1
IF
a. All requiremerequirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,.
emissions, discharges) releases, or threatened releases of
wastes, substances, materials, pollutants, contaminants,
hazardous v+ astes, petroleum products, toxic substances,
materials, or other any other regulated or harmful' substances
whether solid lip uid gaseous, or plasmic in nature, into the air,
surfacewater, groundwater, stormwater, or land, or relating to the
anufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handl�ing of elements, compounds,
materials, substances, pollutants, contaminants, or hazardous or
VON toxic materials, substance's, or wastes, whether solid, liquid,
gaseous, or plasmic in nature; and
b. All requirements, including, but not limited to those pertaining to
reporting, licensing,, permitting, facilities, sts, operations,
emissions, discharges, releases, or threatened releases of
radioactive materials or radiatilon or electromagnetic fields and
biohazalydous materials.
G. All requirements pertaining to the protection of the environment,
natural resources, the health and safety of employees or the
public; and
d. Citizen suits authorized by any federal or state law- and
e. All common lave causes of action related to health, safety, natural
resources, and the environment.
B. Environmental ental In !e nificati n. CONTRACTOR AGREES TO INDEMNIFY,
HOLD HAR MLESS, RELEASE, REIMBURSE, AND DEFEND D THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL 1
or;
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CON' T GT FOR ASBESTOS ABATEMENT Page 6 of 21
ENV 13:06:CITY MALL ACID'ABATEMENT
I PRIORITY ENVIRONMENTAL II' ENTAL SEE VICE, ; INC
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F. Upon learning of a claim, lawsuit, or other liability which Contractor is required
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hereunder to indrnnify, contractor shall provide city with timely notice of same.
G. All contractors, subcontractors, suppliers, and vendors under this contract agree
that they assume joint and several liability for any claim by the City or for a third
° party claim against the, city for general or environmental damages caused by any
of the contractors herein. Because -this contract is a matter of public record and
a reasonable subcontractor, supiplier, or vendor would inquire as to its
responsibilities onsibilities in contracting with the Cont rac t or, said subcontractors suppliers,
and vendors are, deemed to have constructivel notice of this provision.
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H. The obligations of the contractor related to this environmental indemnification
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 min'
emu , current insurance coverage as detailed
1 below and will maintain it throughout the term of this contract. Prior to commencing
work, the Contractor shall deliver to city, certificates documenting this coverage. The
City may elect to have the Contractor subrnit its entire policy for inspection,.
A. Insurance coverage and limits:
1. Commercial General Liability Insurance
1 0100,000 each occurrence; $2,000,000 aggregate
2. Professional' Liability Insurance
Not applicable.
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3. Automobile Liability Insurance
Coverage on vehicles involved in the work performed under this contract:
1 000,000 per accident on a combined single limit basis or: $500,000, bodily
injury each person; $11,000,000 bodily injury each accident; and $250,000
property damage.
1,
The named insured and employees of contractor shall be covered under this
policy. the city of Fort Worth shall be named an Additional Insureds as its
interests may appear. Liability for damage occurring while loading, unloading an
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transporting materials collected under the contract shall be included under this
policy.
CONTRACT FOR ASBESTOS ABATEMENT Page 8,of 21
ENV 13:06:CIS H .ACM ABATEMENT
1 PRIORITY ENVIRONMENTAL"ENTAL.SERVICES, INC
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4. Workerl si Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$ disease -each employee
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5. Environmental Impairment Liability (ElL) and/or pollution Liability $ ,o 0,000 per
occurrence. EEL coverages must be included in policies listed in subsections 1
and 2 above- or such insurance u su ance shall be provided under separate pelicys .
Liability for damage occurring while loading, unloading and transporting materials
1 collected i.,ender 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.
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� 1. Applicable policies, shall be endorsed to name the City an Additional onal Insured.
thereon, as its interests may appear. The-term City shall include its employees,
r officers, officials, agents, and volunteers as, respects the Contracted services.
2. Certificates of Insurance shall document that insurance coverage specified
elf
herein are provided Linder 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.
A minimum of this 3 days notice of cancellation or material change in
coverage shall be provided to the City. A ten 10) days notice shall be acceptable
in the event of non-payment of premium. Such terms shall be endorsed onto
Contractor's insurance policies. Notice shall be sent to Department of Financial
Management services - Risk Managemen..t. Division, City of Fort Worth, 1 000
Th rockmorton street, Fort Worth, Texas 761 012.
11j 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.
wo� insurance, any alternative coverage maintained through insurance pools or risk
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retention groups must be also ,approved. Dedicated financial resources or Letters
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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..
CONTRACT'FoR ASBESTOS ABATEMENT Pugs 9 of 21
ENV 13 06:CITY HALL ACM ABA TEMENT
I PRIORITY ENVIRONMENTAL SERVICES, INC
8. The City shad' 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 he required to provide proof of insurance
premium payments..
9. The Commercial General Liability insurance policy shall' have no exclusions by
endorsements unless the City approves such exclusions.
10. The City hall not be responsible for the direct
ty p payment of any insurance
ror
premiums required by the contract. It is understood that insurance cost is an
allowable component of Contractor's overhead.
1 All insurance required above shall be written on an occurrence blasis in order, to
be approved by the City.
1 2. Subcontractors to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors maintain insurance coverage, Contractor shall
a, 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.
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BONDING
A. Payment and Performance. Bonds. Before beginning the work, the Contractor
shall be required to execute to the City of Fort Worth a payment bond if the
contract is in excess of $25,000 and a performance bond if the contract is in
excess of $ The payment bond is solely for the protection and use of
payment bond beneficiaries who have a direct contractual relationship with the
I,
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 1100% the amount of the Contra�ct, and conditioned on the faithful
performance b Contractor of the wort in accordance with the plans,
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specifications and contract documents. Contractor must provide the payment
1 and performance bonds, in the amounts and on the conditions required, within
calendar days after Notice of Award.
B. Requirements for sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to do business in the state of Teas that is of sufficient
financial strength and solvency to the satisfaction of the City. The surety must
meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds
furnished hereunder shall meet the requirements of Chapter 2253 of the Texas
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Government Code,, as amended.
CONTRACT'E B,ASBESTOS ABATEMENT Page 1 of 1
EN V 13:06:C HALL ACM ABA TEME T
1'PRIORITY ENVIRONMENTAL SERVICES, INC
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In addition, the surety must hold a certificate of authority from the United
' States Secretary of they Treasury to qualify as a surety on obligations permitted or
required under federal law; or have obtained reinsurance for any liability in
excess of $ from a reinsure r that is authorized and admitted as a
reinsu rer intestate of Texas and is the holder of a certificate of authority from
the United ,Mates 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 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.
OPIP Should any surety on the Contract be determined unsatisfactory at any time by
the City, notice will be �i° en to, the Contractor to that effect and the Contractor
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shall immediately provide a new surety satisfactory to the City.
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ARRAN
Contractor warrants that it understands the currently, a a y known hazards and the suspected
hazards which are presented to persons, property and the environment by the work
POP/ specified in -this contract.
Contractor further warrants that it will perform all services under thin 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.
2.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of an y failure to perform
under this contract if the failure arises sollely from: acts of God acts of the public
enemy, fires, 'blood, epidemics, quarantine restrictions, strikes, freight embargoes,
and extreme meteorological events.. Contractor affirms a duty to, mitigate any
delays or damages arising from such causes.
131. if Contractor fails to begin work herein provided for within the time specified
herein, or to complete such work within the time specified herein, City shall have
t g charge of and complete the work in such a manner as it may
a right to take c a r
deem appropriate. If Cit 's total costs exceed the costs as agreed, in the contract
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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.
CONTRACT FOR ASBESTOS ABATEMENT Page 11 of 21
:CITY ABATEMENT
I PRIORITYENVIRONMENTAL SERVICES, INC
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C. If at any time during the term of this contract the work of Contractor fails to meet
the specifications of the contract documents, City may notify Contractor of the
deficiency in writing. Failure of Contractor to correct such deficiency and
complete the work required under this contract to the satisfaction of City within
ten days after written notification shall result in termination of this contract at the
discretion of the City. All costs and attorney's fees incurred by City in the
enforcement of any provision of this contract shall be paid by Contractor.
to D. City may terminate this Contract at its sole discretion and without cause upon
thirty 30 days prior, written notice to Contractor, and such termination shall be
without prejudice to any other remedy the City may have. In, the event of
termination, any work in progress will continue to completion, unless specified
otherwise in the notice of termination. The City shall pay for any such work that is
completed by Contractor and accepted by the City.
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E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this contract.
OBSERVE AND COMPLY
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all pity ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall: observe and compily with all orders, laws
ordinances ands regulations including but not limited to applicable environmental laws.
Contractor represents itself as, knowledgeable in these matters and no defense of
misunderstanding or ignorance thereof shalil, be considered. Contractor agrees to defend,
indemnify and hold harmless City and all of its, officers, agents and employees from and
against all claims or liability arisin,, out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself, its subcontractors, agents, or its employees.
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14.
MODIFICATION
TION
No d'I icati+on of this contract shall be binding on the contractor or the pity
unless set out in writing and signed y both parties. No modification shall be
binding upon the City unless signed by the City Manager or an Assistant City Manager
of the City of Fort Worth. Any changes to the scope of work or compensation must be
in the form of a written, forrnal, authorised modification of this contract that is in
accordance with all applicable state and city laws, regulations, and ordinances. In no
event, shall any verbal authorization changing the scope of wore, or verbal agreements
for addit,i,onal compensation be binding upon the City. Contractor expressly agrees a
not to make changes to its legal, financial, or logistical position on any matter based on
any oral representation by an employee, contractor, or agent of the City prior to
obtainin a written modification to this contract; b that it waives an claim based upon
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reliance or estoppel as a result of acting or not acting due to an alleged oral charge to a
CONTRACT FOR ASBESTOS ABATEMENT Fags 12 of
ENV 13:06'.-CITY HALL,ACM ABATEMENT
1 PRIORITY ENVIRONMENTAL SERVICES, INC
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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.
FIGHT 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, an
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
I subcontract, have access to papers and records of such subcontractor involving
transactions relating to the subcontract. The term "subcontract" as used herein includes
purchase orders.
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16.
MINORITY/WOMEN BUSINESS ENTERPRISE
(M/WBE) PA
In accordance with the city's Business Diversity Enterprise Ordinance No. 20020.12-
�� , 2011, the city has established goals for the participation of minority business
enterprises and woman business enterprises (MNVBE) in cit contracts. 'Unless a
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waiver, of MMBE goals has been authorized by the city, contractor hereby
acknowledges the M BE goals established in the contract [documents for this project
and affirms its contractually enforceable agreement to achieve those goals. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the consultant 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.
PREVAILING WAGE RAPES
Contractor shall comply with TEXAS GOVERNMENT CODE, chapter 2258, with
respect to payment of Prevailing Wage Rates for public works contracts for building and
construction trades, and shall comply with the prevailing wage requirements as
specified in the RFP" for the project.
A worker employed on a public work by or on behalf of the city of Port '"Forth shall be
aid not less than the eneral prevailing rate of per diem wages for work of a similar
p p p �'
character in the locality in which the work is performed; and not less than the general
prevailing rate of per diem wages for legal holiday and overtime work. A worker is
employed on a public work if the worker is employed by a contractor or subcontractor in
the execution of a contract for the public work with the City of Fort Worth.
CONTRACT FOB ASBESTOS ABATEMENT Page 13 of 2
ENV 13 ,fit CM ABA T ME T
I PRIORITY ENVIR NMENT,AL SERVICES, INC
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I The contractor who is awarded a public work, contract, or, a subcontractor of 'the
contractor, shall a not less than the prevailing wage rates to a worker pay p� � �' employed by it
in the execution of -the contract. A contractor or subcontractor who violates this
requirement shall pay to the City of 'Fort Worth, $610, for each worker employed for each
f% 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
empilolyee an amount greater than the prevailing wage rate.
18.
h OWDI sCRI INATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicabile provisions of Chapter 17,
Article 111 of the Code of the City of Fort Worth.
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national
origin, sexual, orientation, transgender, gender identity or gender expression in any
manner involving employment, including the recruitment of applicants for employment,
advertising,1 hiring, layoff,,, recall, ter�rnination of employment, promotion, demotion,
transfer, compensation, employment classification, training and selection for training or
any other terms, conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for empiloy ent, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed
by or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
sectio
ar
1 19 1.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws, of the State of Texas, except where preempted b y federal law.
CONTRACT FOR ASBESTOS ABATEMENT Page 14 of'21
ENV 13*0 :C/TY HA LL A CM A BA TEMENT
1 PRIORITY ENVIRONMENTAL,SERVICES, INC
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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, illegalut,y or unenforceability shall not affect any other provision of
this contract, and this contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
J
2,1.
RIGHTS AND REMEDIES NOT WAIVED
A
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 C n�tractc r', 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
Flo
party of any provision or condition of the contract shall not be construed or decreed to,
be a waiver of any other provision or conditions of this Contract, nor a waiver of a
subsequent breach of the same provision or condition, sunless such waiver be
expressed in writing by the party to be bound.
mrsm 22.
JURISDICTION AND VENUE
Jurisdiction and venue of any suit or cause of action under this Contract shall lie in
Tarrant County, Texas or the federal courts therein.
2 .
NOTICES
Any notices, bills, invoices or reports required by this contract shall be sufficient if sent
by the parties in the United states ail, postage paid, to the address noted below:
If to the City: Michael Lange, Assistant Director
Transportation and Public Works Department
1000, Throcl morton street.
Fort Worth, TX 76102
wr
If to the Contractor: Gary Caldwell, President and Chief Executive Officer
1 Priority Environmental services, Inc.
2573 Gravel Drive
Fort Worth, TX 7611
lee
fi TIA T F F ASBESTOS ABATEMENT Page 15,of 21
'Amp ABATEMENT'
I PRIORITY ENVIRONMENTAL SERVICES, INC
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24
ASSIGNMENT
The city and contractor hind themselves and any successors and assigns to this
contract. contractor shall not assign, sublet, or transfer its interest in this contract
without written consent of thin City. Nothing herein shall he construed as creating an
J,, �. '
personal liability on the part of any officer or agent of the City, nor shall it he construed
as giving i any rights or benefits hereunder to anyone other than the city and contractor.
1
5.
No T'H,IRD-P:ARTY 'BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
u privy hereto shall not, in any form or rnanner, he considered a third party beneficiary of'
this Agreement. Each party hereto, shall he solely responsible for the, fulfillment of its
own contracts or commitments.
26.
CONTRACT CONSTRUCTION
ICY
1
The parties acknowledge that each party and if it so chooses its counsel have
H reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to he resolved against the drafting party must not the
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
'.
t
ENTIRETY
,,6
This contract, the contract documents,documents,1 and any other documents incorporated by
references herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and contractor, and no other contracts oral or otherwise,
regarding the subject rn titter 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.
28.
AUTHORITY AND EX CU1"riON
r
By signing this contract contractor warrants that it has had the opportunity to
f
examine this contract in its entirety, 2 " to have its legal counsel examine and explain the
CONTRACT FOR ASBESTOS ABATEME T Page 16 of 21
ENS"13:06:CITY HALL ACM ABATEMENT'
1 PRIORITY ENVIRONMENTAL SERVICES, /N
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content, terms r q�uirements, 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
I POP
the terms of this contract7 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 left blank intentionally.
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11
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CONTRACT FOR ASBESTOS ABATEMENT Page 17'olf 21
ENV 131: :CITY HALL ACM ABATEMENT
f
1 PRIORITY ENVIRONMENTAL SERVICES, INC
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ATTACHMENT A
SCOPE of WORK
Contractor will furnish all labor, materials and equipment necessary to perform the
removal of 272 oe entious-asbestos access panels in accordance with the abatement
and work specifications determined by the City or its consultant) on the parcel located
at:
, CITY HALL, 2ND AND 3RD, FLOORS
1000 T1 ROCKMO TO!N STREET
1,
FORT WORTH, TEXAS
Project specifications
All work shall be performed in accordance with the consultant specification documents
entitled "Asbestos Abatement specifications, pity Hall Air-Induction Units, 1
Throe morton street, Fort Worth, Texas" and those specification documents are
incorporated into the terms of this contract by reference) in their entirety. It is possible
that the specification documents may be amended by the consultant. Any future
modifications of the consultant specifications shall be observed by the contractor.
Site Work
Abatement activities will be performed in accordance with federal, stag and local visible
emission requirements.
Project Coordination.
Contractor will be responsible for coordinating with the City Transportation and Publi
Works Department - Environmental Management Division, immediately after receipt of
r
notice to proceed, the start date of abatement activities to allow for notification to the
Tees Department of State Health services (DSHS).
The remainder of this page is left blank intentionally.
low
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CONTRACT FOR ASBESTOS ABATEMENT Page 18 of 211
ENV 13:06 CITY HALL A C ABA T"ENM NT
�, 1 PRIORITY ENVIRONMENTAL SERVICES, INC
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ATTACHMENT B.
t! )l
COMPENSATiON SCHEDULE
THIS IS A FIXED-PRICE CONTRACT.
ALL ASBESTOS ABATEMENT' AND DEMOLITION QUANTITIES HEREIN ARE
ESTIMATES FOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE
AMOUNT F' ABATEMENT' AND DEMOLITION TO BE, PERFORMED ON THE
PROJECT AND ARE NOT TO BE CONSTRUED AS A L IMITATION OR MAXIMUM ON
DEMOLITION REQUIRED AMOUN TS of ABATEMENT TO BE
PERFORMED BY CONTRACTOR.
SITE/BUILDIlNG CONDITIONS A D QUANTITIES IDENTIFIED IN CONTRACT ARE
ESTIMATED Y' THE CITY AHD/OR THE CITY'S CONSULTANT, AGENT, OR
DESIGNEE. THE CONTRACTOR IS RESPONSIBLE FOR CONDUCTING ITS OWN
DUE DILIGENCE AND FOR VERIFYINGALL CONDITIONS AND QUANTITIES PRIOR
TO EXECUTING THIS CONTRACT. CLAIMS FOR ADDITIONAL COMPENSATION
DUE TO VARIATIONS BETWEEN QUANTITIES OR CONDITIONS ACTUALLY
..
ENCOUN GE ED IN THE PROJECT AND AS INDICATED IN THE CONTRACT
DOCUMENTS "'FILL HOT BE ALLOWED.
A. In consideration for the work performed by Contractor under this Contract,
City shall pay Contractor a total price not to exceed sixty-nine thousand,
fire hundred dollars ($69,1500.00) for the completion of all work specified in
this contract.
B. The City shy ll no t compensate Contractor in excess of the not-to-exceed
amount unless the City has executed a written, authori zed, and formal
Modi fication to the Contract signed by the City Manager or an Assistant City
Manager of the City of' Fart Worth. It is expressly agreed between the, parties
thiat there shall he no oral modifications to this contract..
C The parties agree that sixty-nine thousand, flue hundred dollars
($69,50+x.00) shall be 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 prig, the nolt-to-exceed price shall
prevail. In no, event will compensation he greater than the not-to-exceed
amount described herein.
D. Quantities identified in the Invitation to Bid were estimated quantities only.
ImP Prior to submitting a bid, as noted in the Imitation to Bid, the Contractor was
responsible for verifying all quantities upon which the Contractor's hid was
used. The Contractor was to rely exclusively upon its own estirnates
CONTRACT FOR ASBESTOS ABATEMENT Page 19 of 21
EN'V 3:06:CITY MALL ACM ABATEM'ENT
,/ I PRIORITY ENVIRONMENTAL"AL SERVICES, INC
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investigation, research, tests, and other data necessary to supply the full and
PaP complete information upon which the Contractor's hid was based. It is
mutually agreed that submission of a b'i'd is prima-facie evidence that the
Contractor has made all of the investigations, examinations, and tests
required to make a fully informed offer.
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 hid, and Contractor expressly waives any and all right to
additional compensation other than the contract grand total as a result of any
discrepancy between p y n the quantities encountered and the estimated quantities
in the Invitation to Bid and bid documents..
F. The parties intend and agree, that any change order or modification to this
contract will be in the case of only the most extraordinary of circumstances.,
Any claims for additional compensation based upon variations between
conditions actually encountered in this project and conditions as indicated in
the Contract Documents will not be allowed. An y claims for additional
compensation proposed by Contractor will be examined by the City in
I consideration of the terms described herein and the Contractors request for
additional compensation must clearly show why the variation was not
identifiable prior to the, Contractor submitting its hid. As used in this contract,
"not identifiable" means that the Contractor a) performed all investigation,
t
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.
1
CONTRACT FOR ASBESTOS ABATEMENT Plae 20 of 21
EN V 13:06:Off"T "HA LL A CAM ABA TEMENT
1, I PRIORITY ENVIRONMENTAL SERVICES, INC
I:r
CONTRACT FOR REMOVAL,VAL, °RAN S ORTATION, AND DISPOSAL OF
ASBESTOS CONTAINING MATERIALS
ENV 13:06: CITY HAIL ACM ABATEMENT
1000 THROCKM RTON STREET, FORT WORTH, 1
IN WITNESS THEREOF, thie parties have executed t" �i�s contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORS" WORTH CONTRACT
Priority EnVlr w'nmental Services, Inc.
07 ljjjjj µ
Fernando Costa Ga, eII
Assistant City Mana I 'ent & CEO
Date Signed
EC N w WITNESS:
IM i c h a e I A. G l'l!g'i
Assistant Direct
Transportation an ublic Works
FV s
APPROVED' AS TO FORM Contract Authorization
AND LEGALITY:�
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POP- A,rth�u r N Bash r�
Assistant City Attorney
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Mary j. Kays
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City Secretary 00000'
OFFICIAL REC ORD
CITY l SECRETARY
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CONTRACT FOR,ASBESTOS ABATEMENT Page 21 of 21
1 PIP ENV 13:06:CITYHALL A `M ABATEMENT
PRIORITY ENVIRONMENTAL SERVICES, INC
ITUC Review Page I of 2
Offidz,i� site of the City of Fort Worth,Texas
CITY Cu"UNCO"61L A(SENDA FO RT WO RT 11
ORIN
COUNCIL,ACTION: Approlved on 8/20/2 13 - Ordinance No,. 20875-08-2011,3
DATE: 8/210/2013 REFERENCE NO.: **C-26401 LOG NAME: 201 PRIORITY ACM
CODE,: C TYPE: CONSENT PUBLIC NO
HEARING.-
SUBJECT.-' Authorize Execution of a Contract with 1 Priority Environmental Services, Inc. in the
I
Amount of$69,50�0!.,00 for Removal, Transportation and Disposal of Asbestos Containing
Materials from Various, City Hall Offices, and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 9)
J I s>rltl r L!l llll,�fID11Drr1111I 1 UJJ1!!»1!J1 1111nN�YNYVNNffffflI J JD1N7J7ll1 1Nr/NIIIINI NJJIlJl l�lr,I rr rlpll ll,rl ll/9 rll%aY 1 NINNgI(fNN(�riN,�J l l rl�JNrJ�aGhI i lfUi Nr4NJ,Nfi1 NU7 N1N?NUYIIfiflJlfiJN1JY,N11NaIN(1111,ll Jlhllll�)f�i//NNNJNNINNNNOINPlY1nINNl�ANI�INQINOJUi NNNu10�,il,�lNUNMk�al fllfl itsy1 rn64;11Na(�IINre/,i,/1 1uu,�vJ1uNNNarJrJ I lJOJyll�tl/%/�J�YDi1fYJ�//llllllJlrrlrlr,11111YUNiV,ri11 11111)YM1NhNN/////%/,Ml�ffr�1NNNJI I/�i�il%/9l1»,J11t;»r«I!!1r i1� MANIA 900M 01�I a MANINI OMAR I*
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Environmental
i
Protection Operating Fund in the amount of $69,500.00 and decrea,s,ing the unaudited, unreserved,
undes,ignated Environmental Protection Operating Fund balance by the same amount;
2. Authorize the transfer,of funds from the Environmental Protection Operating Fund to the
Environmental Protection Project Fund; and
3. Authorize execution, of a contract with I Priority Environmental Services, Inc., for removal,
transportation and disposal, of asbestos containing materials, from various City Hall offices.
DISCUSSION:
-rhe Transportation and Public Works Department-Architectural Services Division has identified 272
current air-conditioning induction units located within the exterior offices on the 21d and 3rd floors of
City Hall to be replaced.
The 272 individual air-conditioning induction units have a single, cementious-asbestos access panel
that is required to be removed prior to the air-conditioning upgrade, The Transportation and Public
Works Department- Environmental Management Diviisioln is contracting for the removal of these
cementiou,s-asbestos access panels. The following firms submitted bids on April 25, 2013-
Cactus Systems,,, Inc.
Intericon Environmental, Inc.
1 Priority Environmental Services, Inc.
Empire Environmental
Clean Air Remed:iiation Services
The bids were evaluated based on best-value criteiriai to the City. 1 Priority Environmental Services,
Inc., met all the regulatory requirements, was rated above other firms in providing the best- value to
the City and submitted a bi�d, of$69,500.00�.
The Environmental Management Division will oversee this asbestos, removal project for the
Architectural Services Division.
Work on the, asbestos removali project is expected to begin in September 2013.
The project is physically located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in ALL
COUNCIL DISTRICTS.
http-.//appis.cfwnet.org/counciI_packet/mc—review.asp9 727&counci1d,a,te=812012013 10/1/2013
Nf&C Review Page 2 of 2
M/W'BE Office.- 1 Priority Environmental Services, Inc., is in compliance with the City's BIDE
Ordinance by committing to five percent MBE participation on this project. The City's MBE goal on
this project is five percent.
FISCAL II FORMATIONXERTIFICATION:
The Financial, Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget and the current capital budget, as appropriated:, of the Environmental
Protection Operating Fund and the Environmental Protection Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
.1) R 103 4941010 020110 $69,500-00 2) R 103 538,040 0201100 $69,500-00
1
2)R101 476103 02021 301 2000 $69:,500.00 3) R101 539120 020213012000 J69_,500.00
R1031 538040 020110 $69,500.010
....... ....................
Submitteld for Citv Mana er's Office b)L. Fernando Costa (6 122)
on inating Departm,ent Head: Douglas W. Wi�ersig (7801)
........A , , ,
Additional Information Contact: Michael Gange (6569)
.................. ............
ATTACHMENTS
201 PI IORITYACM A01 3.doc
http-Happs.cfwnet.org/councll_pliacket,/mc—review.a,sp9.1D=1 8727&count i1date-8/20/2013 10/1/2013