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' CITY SECRETARY/ ( l).IJ/Jj
CONTRACT NO. _"1 __ .J __ W __
CONTRACT
BETWEEN
CITY OF FORT WORTH
AND
PAT INC., DBA ACTION
EXCAVATING AND DEMOLITION
For
Demolition of Residential Structures at
3504 through 3512 LeBow
DEM 12-08: TPW-LEBOW PROPERTIES
Department
of
Transportation & Public Works
Environmental Management Division
May 7, 2012
05-17-12 A1Q:37 IN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
•
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOWN ALL BY THESE PRESENTS
CONTRACT FOR STRUCTURAL DEMOLITION
FOR LEBOW STREET PROPERTIES
DEM 12-08: TPW-LEBOW PROPERTIES
3504, 3506, 3508, 3510, & 3512 LEBOW STREET
FORT WORTH, TEXAS
This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule
municipality located within Tarrant County Texas, ("City") acting through Fernando
Costa, its duly authorized Assistant City Manager, and Pat Inc., dba Action Excavating
and Demolition ("Contractor"), acting through Nancy Patterson, its duly authorized
President.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
1.
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows:
City's Representative means the Assistant Director of Transportation and Public Works,
Environmental Management Division, or his designee.
Contract Documents shall consist of the written, printed, typed and drawn instruments
which comprise and govern the performance of the work. Said Contract Documents
include, but are not limited to this contract all bid documents, the Request for Proposals,
Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the
notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award,
general conditions, special conditions, supplementary conditions, general provisions,
special provisions, work order(s), change orders, any contract amendments and the
payment, performance and maintenance bonds, or other such similar documents. The
Contract Documents shall also include any and all supplemental agreements approved
by the Owner which may be necessary to complete the work in accordance with the
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. DBA: ACTION EXCAVATING AND DEMOLIITON-
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intent of the plans and specifications in an acceptable manner, and shall also include
the additional instruments bound herewith.
NESHAP 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 invoices 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.
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 in accordance with all applicable federal, state, and local laws,
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
to the site.
B. City shall prepare and revise all notifications necessary to the Texas Department
of State Health Services Health (TDSHS) for the work provided herein.
C. City shall make payment of all applicable TDSHS fees.
D. City shall give timely direction to the Contractor.
E. City shall render decisions regarding modifications to the Contract and any other
issue.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. OBA : ACTION EXCAVATING AND DEMOLIITON-
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4.
TIME TO COMPLETE THE PROJECT
Contractor will be responsible for coordinating with the Department of Transportation
and Public Works -Environmental Management Division, immediately after receipt of
notice to proceed, the start date of abatement and demolition activities to allow 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 DSHS notification.
Contractor shall complete work specified under this contract within twenty (20) working
days from the beginning of demolition activities or the beginning date as shall be
otherwise specified in the Notice to Proceed unless an extension of time is granted (in
writing) due to inclement weather, any such determination being made in the sole
judgment and discretion of the City of Fort Worth. A working day shall be defined as
each and every day beginning on the start date for demolition activities until the work is
completed and accepted by the City. If a stop work order is issued by the City, the
number of working days shall be tolled until the day a new Notice to Proceed is issued.
Should the Contractor fail to begin the work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the intent
and terms of the plans, specifications and other Contract Documents, then the Owner
shall have the right to either (1) demand that the Contractor's surety take over the work
and complete same in accordance with the plans, specifications and other Contract
Documents or (2) to take charge of and complete the work in such a manner as it may
deem proper, and if in the completion thereof, the cost to Owner shall exceed the
contract price or prices set forth in the Contract -Documents, the Contractor and/or its
surety shall pay Owner upon its demand in a writing, setting forth and specifying an
itemized statement of the total cost thereof, said excess cost.
5.
INDEPENDENT CONTRACTOR
The City agrees to hire Contractor as an independent contractor, and not as an officer,
servant, or employee of the City. Contractor shall have the exclusive right to control the
details of the work performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, and
subcontractors. Nothing herewith shall be construed as creating a partnership or joint
venture between the City and Contractor, its officers, agents, employees, and
subcontractors; and the doctrine of respondent superior has no application as between
the City and Contractor.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. DBA: ACTION EXCAVATING AND DEMOLIITON-
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6.
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COMPENSATION
Section 1.
Fee Schedule.
City agrees to pay Contractor for its services according to the schedule in Attachment B.
The City will not be liable for any Contractor costs in excess of the not-to-exceed
amount unless City has signed and issued a written, duly authorized amendment or
modification to the Agreement.
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 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 verbally ordered by any
person and shall rely only upon written authorization to conduct work.
Section 2.
Release Upon Payment
Acceptance by Contractor of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
Section 3.
Invoice and Payment.
Payment for services rendered shall be due within thirty (30) days of the uncontested
performance of the particular services so ordered and receipt by City of Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
portion so contested may be withheld from payment, and the undisputed portion will be
paid. No interest will accrue on any contested portion of the billing until mutually
resolved. City will exercise reasonableness in contesting any billing or portion thereof.
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7.
LIQUIDATED DAMAGES
If Contractor fails to commence and complete work under this Contract within the
stipulated time , there shall be deducted from any moneys due or owing Contractor, or
which may become due , the sum of $1,000.00 (one thousand dollars) per day for each
day after the date the project was to be completed, until the project is completed. Such
sum shall be treated as liquidated damages and not as a penalty, and City may withhold
from Contractor's compensation such sums as liquidated damages. The amount of
damage to City for delay in completion of the work is difficult to ascertain and the
amount of the liquidated damages per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
8 .
INDEMNIFICATION
A. Definitions. In this paragraph, the following words and phrases shall be defined
as follows:
1. Environmental Damages shall mean all claims, judgments, 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, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable , including
without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred as a result of the existence of
a violation of environmental requirements pertaining to the work , or due to
negligence or an intentional tort by the Contractor, a Subcontractor, or a
vendor and including without limitation :
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 including, but not limited to, the preparation of any
feasibility studies or reports of the performance of any cleanup,
remediation, removal , response, abatement, containment,
closure, restoration or monitoring work required by any federal,
state or local governmental agency or political subdivision, or
otherwise expended in connection with the existence of such
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monitoring wells or violations or environmental requirements, and
including without limitation any attorney's fees, costs and
expenses incurred in enforcing this contract or collecting any
sums due hereunder; and
c. Liability to any third person or governmental agency to indemnify
such person or agency for costs expended in connection with the
items referenced in subparagraph (b) herein.
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, plans, authorizations, concessions, franchises,
and similar items, of all governmental agencies, departments,
commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial,
administrative, and regulatory decrees , judgments, and orders relating to
the protection of human health or the environment, including without
limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, em1ss1ons, discharges, releases, or
threatened releases of hazardous materials, pollutants,
contaminants or hazardous or toxic substances, materials, or
wastes whether solid, liquid, or gaseous in nature, into the air,
surfacewater, groundwater, stormwater, or land, or relating to the
manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether
solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and
safety of employees or the public.
B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS
WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL
PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A
CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS
AGREEMENT, WHETHER SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE INTENTIONAL TORT OR THE SOLE NEGLIGENCE OF
THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS
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;·
,·
OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER
PERSON OR ENTITY.
C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S
OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL
DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE
CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY.
D. The obligations of the Contractor under this paragraph shall include, but not be
limited to, the burden and expense of defending all claims, suits and
administrative proceedings (with counsel reasonably approved by the City), even
if such claims, suits or proceedings are groundless, false, or fraudulent, and
conducting all negotiations of any description, and paying and discharging, when
and as the same become due, any and all judgments, penalties or other sums
due against such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability which Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonable timely
notice of same .
F. All Contractors under this contract agree that they assume joint and several
liability for any claim by the City or for a third party claim against the City for
general or environmental damages caused by any of the Contractors herein.
G. The obligations of the Contractor under this paragraph shall survive the
expiration or termination of this Agreement and the discharge of all other
obligations owed by the parties to each other hereunder.
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9.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the term of this Contract. Prior to commencing
work, the Contractor shall deliver to City, certificates documenting this coverage. The
City may elect to have the Contractor submit its entire policy for inspection.
A. Insurance coverage and limits:
1. Commercial General Liability Insurance
$1,000,000 each occurrence; $2,000,000 aggregate
2. Professional Liability Insurance
Not applicable.
3. Automobile Liability Insurance
Coverage on vehicles involved in the work performed under this contract:
$1,000,000 per accident on a combined single limit basis or:
$500,000 bodily injury each person; $1,000 ,000 bodily injury each accident; and
$250,000 property damage.
The named insured and employees of Contractor shall be covered under this
policy. The City of Fort Worth shall be named an Additional Insured, as its
interests may appear. Liability for damage occurring while loading, unloading and
transporting materials collected under the Contract shall be included under this
policy.
4. Worker's Compensation
Coverage A: statutory limits
Coverage 8: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease -each employee
5. Environmental Impairment Liability (Ell) and/or Pollution Liability $4,000,000 per
occurrence. Ell coverage(s) must be included in policies listed in subsections 1
and 2 above; or, such insurance shall be provided under separate policy(s).
Liability for damage occurring while loading, unloading and transporting materials
collected under the contract shall be included under the Automobile Liability
insurance or other policy( s ).
8. Certificates of Insurance evidencing that the Contractor has obtained all required
CONTRACT FOR STRUCTURAL DEMOLITION
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I
insurance shall be delivered to the City prior to Contractor proceeding with the
Contract.
1. App l icable pol icies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The-term City shall include its employees ,
officers , officials , agents , and volunteers as respects the Contracted services ..
2 . Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall
not constitute a wa iver of the insurance requirements.
4. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice shall be acceptable
in the event of non-payment of premium. Such terms shall be endorsed onto
Contractor's insurance policies. Notice shall be sent to Department of Financial
Management Services -Risk Management Division, City of Fort Worth , 1000
Throckmorton Street, Fort Worth, Texas 76102 .
5. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financ ial strength and solvency.
6. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion ; and, in lieu of traditional
insurance , any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
7. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
8. The City shall be entitled, upon its request and without incurring expense , to
rev iew 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 General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
10. The City shall not be responsible for the direct payment of any insurance
premiums required by the contract. It is understood that insurance cost is an
allowable component of Contractor's overhead .
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11 . All insurance required above shall be written on an occurrence basis in order to
be approved by the City.
12. Subcontractors to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained herein, in the event a
subcontractor's insurance coverage is canceled or terminated , such cancellation
or termination shall not constitute a breach by Contractor of the contract.
10.
BONDING
A. Payment and Performance Bonds. Before beginning the work, the Contractor
shall be required to execute to the City of Fort Worth a payment bond if the
contract is in excess of $25,000 and a performance bond if the contract is in
excess of $100,000. The payment bond is solely for the protection and use of
payment bond beneficiaries who have a direct contractual relationship with the
Contractor or subcontractor to supply labor or material; and in 100% the amount
of the Contract. The performance bond is solely for the protection of the City of
Fort Worth, in 100% the amount of the Contract, and conditioned on the faithful
performance by Contractor of the work in accordance with the plans,
specifications, and contract documents. Contractor must provide the payment
and performance bonds, in the amounts and on the conditions required, within 14
calendar days after Notice of Award.
B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to do business in the State of Texas that is of sufficient
financial strength and solvency to the satisfaction of the City. The surety must
meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds
furnished hereunder shall meet the requirements of Chapter 2253 of the Texas
Government Code, as amended.
In addition, the surety must (1) hold a certificate of authority from the United
States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in
excess of $100,000 from a reinsurer that is authorized and admitted as a
reinsurer in the state of Texas and is the holder of a certificate of authority from
the Untied States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under federal law. Satisfactory proof of any such
reinsurance shall be provided to the City upon request. The City, in its sole
discretion, will determine the adequacy of the proof required herein.
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No sureties will be accepted by the City that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the City.
Should any surety on the Contract be determined unsatisfactory at any time by
the City, notice will be given to the Contractor to that effect and the Contractor
shall immediately provide a new surety satisfactory to the City.
11.
WARRANTY
Contractor warrants that it understands the currently known hazards and the suspected
hazards which are presented to persons, property and the environment by the work
specified in this contract.
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.
12.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of any failure to perform
under this contract if the failure arises solely from: acts of God, acts of the public
enemy, fires , flood , epidemics, quarantine restrictions, strikes, freight embargoes,
and extreme meteorological events. Contractor affirms a duty to mitigate any
delays or damages arising from such causes.
B. If Contractor fails to begin work herein provided for within the time specified
herein, or to complete such work within the time specified herein, City shall have
the right to take charge of and complete the work in such a manner as it may
deem appropriate. If City's total costs exceeds the costs as agreed in the
contract documents, the City may deliver to Contractor a written itemized
statement of the total excess costs, and Contractor shall reimburse City for such
excess costs without delay.
C. If at any time during the term of this contract the work of Contractor fails to meet
the specifications of the contract documents, City may notify Contractor of the
deficiency in writing. Failure of Contractor to correct such deficiency and
complete the work required under this contract to the satisfaction of City within
ten days after written notification shall result in termination of this contract at the
discretion of the City. All costs and attorneys fees incurred by City in the
enforcement of any provision of this contract shall be paid by Contractor.
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D. City may terminate this Contract at its sole discretion and without cause upon
thirty (30) days prior written notice to Contractor, and such termination shall be
without prejudice to any other remedy the City may have. In the event of
termination, any work in progress will continue to completion unless specified
otherwise in the notice of termination. The City shall pay for any such work that is
completed by Contractor and accepted by the City.
E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this contract.
13.
OBSERVE AND COMPLY
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations including but not limited to applicable environmental laws.
Contractor represents itself as knowledgeable in these matters and no defense of
misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend,
indemnify and hold harmless City and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself, its subcontractors, agents, or its employees.
14.
MODIFICATION
No modification of this Contract shall be binding on the Contractor or the City
unless set out in writing and signed by both parties. No modification shall be
binding upon the City unless signed by the City Manager or an Assistant City Manager
of the City of Fort Worth. Any changes to the scope of work or compensation must be
in the form of a written, formal, authorized modification of this contract that is in
accordance with all applicable state and city laws, regulations , and ordinances. In no
event shall any verbal authorization changing the scope of work or verbal agreements
for additional compensation be binding upon the City. Contractor expressly agrees a)
not to make changes to its legal, financial, or logistical position on any matter based on
any oral representation by an employee, contractor, or agent of the City prior to
obtaining a written modification to this contract; b) that it waives any claim based upon
reliance or estoppel as a result of acting or not acting due to an alleged oral change to a
material term of this contract from the City, its employees, contractors, or agents; and c)
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.
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15.
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RIGHT TO AUDIT
City and Contractor agree that, until the expiration of three (3) years after the final
payment under this Contract, the City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this Contract. Contractor further agrees to include in all its
subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three (3) years after final payment under the
subcontract, have access to papers and records of such subcontractor involving
transactions relating to the subcontract. The term "subcontract" as used herein includes
purchase orders.
16.
MINORITY AND WOMAN BUSINESS ENTERPRISE
(M/WBE) PARTICIPATION
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor acknowledges that the M/WBE requirements for this Agreement
have been waived and are not applicable. Any misrepresentation of facts ( other than a
negligent misrepresentation) and/or the commission of fraud by the Contractor may
result in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
17.
PREVIALING WAGE RATES
Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258 , witn -
respect to payment of Prevailing Wage Rates for public works contracts and Contractor
shall comply with the Davis -Bacon Act for building and construction trades, and shall
comply with the prevailing wage requirements as specified in the RFP for the project.
A worker employed on a public work by or on behalf of the City of Fort Worth shall be
paid not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the work is performed; and not less than the general
prevailing rate of per diem wages for legal holiday and overtime work. A worker is
employed on a public work if the worker is employed by a contractor or subcontractor in
the execution of a contract for the public work with the City of Fort Worth.
The contractor who is awarded a public work contract, or a subcontractor of the
contractor, shall pay not less than the prevailing wage rates to a worker employed by it
in the execution of the contract. A contractor or subcontractor who violates this
requirement shall pay to the City of Fort Worth, $60 for each worker employed for each
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calendar day or part of 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 wage rate.
18.
NON-DISCRI Ml NATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article 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, hiring, layoff, recall, termination of employment, promotion, demotion,
transfer, compensation, employment classification, training and selection for training or
any other terms, conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed
by or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
19.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
20.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable in any
respect, the invalidity, illegality or unenforceability shall not affect any other provision of
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. OBA: ACTION EXCAVATING AND DEMOLIITON-
3504, 3506 , 3508 , 3510 , & 3512 LEBOW STREET
Page 14 of 23
... ...
this contract, and this contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
21.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by either
party of any provision or condition of the contract shall not be construed or decreed to
be a waiver of any other provision or condition of this Contract, nor a waiver of a
subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
22.
JURISDICTION AND VENUE
Jurisdiction and venue of any suit or cause of action under this Contract shall lie in
Tarrant County, Texas or the federal courts therein.
The remainder of this page is left blank intentionally .
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC . OBA: ACTION EXCAVATING AND DEMOLIITON-
3504 , 3506 , 3508 , 3510 , & 3512 LEBOW STREET
Page 15 of 23
23.
NOTICES
Any notices, bills, invoices or reports required by this contract shall be sufficient if sent
by the parties in the United States mail , postage paid , to the address noted below:
If to the City:
If to the Contractor:
Michael Gange , Assistant Director
Department of Transportation and Public Works
1000 Throckmorton Street.
Fort Worth, TX 76102
Nancy Patterson , President
Pat Inc., dba Action Excavating and Demolition
6824 Oakcrest Drive West
Fort Worth, Texas 76141
24.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract
without written consent of the City. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
NO THIRD-PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
26.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses , its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC . OBA : ACT ION EXCAVATING AND DEMOLIITON-
3504, 3506, 3508 , 35 10 , & 3512 LEBOW STREET
Page 16 of 23
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
27.
ENTIRETY
This contract, the contract documents, and any other documents incorporated by
reference herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and Contractor, and no other contracts, oral or otherwise,
regarding the subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto . In the event of any conflict between the specific terms of
this contract and any other contract documents, then the terms of this contract shall
govern.
28.
AUTHORITY AND EXECUTION
By signing this contract Contractor warrants that it has had the opportunity 1) to
examine this contract in its entirety, 2) to have its legal counsel examine and explain the
content, terms , requirements , and benefits of this contract if Contractor so chooses, and
3) to negotiate the terms of this contract within the bounds of applicable law.
Having had the opportunity to submit its bid and also to specifically negotiate the terms
of this contract, Contractor agrees to be bound by this contract and expressly agrees to
the terms of this contract , including terms that may vary from those of the Invitation to
Bid or the Contractor's proposal.
.The signatory to this .: contract represents that be or -she · is legally-authorized by the ·· ·
Contractor to enter into a binding agreement on behalf of the Contractor.
The remainder of this page is left blank intentionally.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC . OBA: ACTION EXCAVATING AND DEMOLIITON-
3504 , 3506, 3508 , 3510 , & 3512 LEBOW STREET
Page 17 of 23
A TIT ACHMENT A.
SCOPE OF WORK
Contractor will furnish all labor, materials and equipment necessary to perform the
demolition of all structures located on the parcels located at the following addresses in
or near Fort Worth , Texas :
PROJECT SPECIFICATIONS
Site Preparation
• 3504 LeBow Street
• 3506 LeBow Street
• 3508 LeBow Street
• 3510 LeBow Street
• 3512 LeBow Street
Prior to any demolition activities , the contractor will remove all universal waste items
including light bulbs, mercury-containing devices, paints , pesticides, etc ..
These items will be properly packaged and disposed by the contractor. The contractor
will provide documentation (waste manifest , bill of lading, etc.) that the waste was
properly disposed .
Contractor will disconnect all associated air conditioning units and properly evacuate
any remaining refrigerant contained w ithin the units prior to being disconnected.
Utilities will have been terminated to the sites . Prior to demolition, the contractor will be
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 will be responsible for contacting applicable utility services in order to decide
whether or not main lines or routes effectively traverse the project site. It will be
determined with the consultation of City staff the best method to address any utility
concerns involving the aforementioned utility service issues.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC . OBA: ACTION EXCAVATING AND DEMOLIITON-
3504 , 3506, 3508 , 3510 , & 3512 LEBOW STREET
Page 18 of 23
/
Site Work
All structures will be fully demolished including removing all slabs/foundations, utility
infrastructure and grading of the parcel to properly manage storm water.
Prior to the start of demolition of any structure, each structure shall be inspected to
ensure the safety of the crew.
Prior to any site disturbance, the contractor will have implemented the Best
Management Practices (BMPs). This shall include , but not be limited to, the use of silt
fencing, rock check dams, mulching, erosion control blankets, curb and inlet protection
devices, sediment traps, sediment basins, and/or stabilized construction entrances and
exits .
Demolition activities will include the demolition of all site structures, concrete/asphalt
parking, slabs/foundations, and retaining walls. Streets, drives , and curbs constituting
the perimeter will remain. All demolition debris will be removed from the site and
recycled or disposed in a landfill accepting such waste. All foundations will be removed
down to a minimum of 2 feet below grade. If foundations/piers extend beyond 2 feet
below grade, they may be 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 be recycled, reclaimed or disposed at a facility or landfill that is
approved to accept such waste.
Contractor shall maintain pmper 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.
Associated fencing existing entirely on the project site that does not exist as a single
barrier between the project site and the neighboring properties will be removed and
properly disposed of.
Demolition activities will be performed in accordance with Federal, State and local
visible emission requirements (i.e . no visible emissions will leave the demolition area).
Water is available in the vicinity of the construction area. The Contractor is responsible
for obtaining a City of Fort Worth -Water Department water meter if usage of water
from nearby fire hydrants is anticipated.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. OBA: ACTION EXCAVATING AND DEMOLIITON-
3504 , 3506, 3508, 3510, & 3512 LEBOW STREET
Page 19 of 23
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 site material, if available, or clean fill from an approved source
to fill any holes in the terrain resulting from any of the above work, and grade the entire
lot, ensuring that low areas are filled to prevent the pooling of water.
For the duration of the entire project, contractor shall sweep dirt and debris from the
haul routes used to ensure any sediment tracked from the site is collected and does not
migrate onto City streets.
Project Coordination
Contractor will be responsible for coordinating with the Department of Transportation
and Public Works -Environmental Management Division, immediately after receipt of
notice to proceed, the start date of demolition activities to allow for notification to the
Texas Department of State Health Services (DSHS).
Upon receipt of a notice to proceed and prior to demolition, contractor must obtain a
wrecking permit to demolish the subject structure from the Planning and Development
Department, telephone (817) 392-2222.
In obtaining the wrecking permit, the 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 with construction is permissible while still retaining 50% of -· ---
existing canopy. It is the City's intent to leave all trees in place and only remove trees
that are dead or will jeopardize the health and safety of the workers performing
demolition activities.
The remainder of this page is left blank intentionally.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC . DBA : ACTION EXCAVATING AND DEMOLIITON-
3504 , 3506, 3508 , 3510 , & 3512 LEBOW STREET
Page 20 of23
ATTACHMENT B.
COMPENSATION SCHEDULE
THIS IS A FIXED-PRICE CONTRACT.
ALL DEMOLITION QUANTITIES HEREIN ARE ESTIMATES FOR ILLUSTRATIVE PURPOSES
ONLY TO DEMONSTRATE THE AMOUNT OF 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.
QUANTITIES IDENTIFIED IN CONTRACT ARE ESTIMATED BY THE CITY AND/OR THE
CITY'S CONSULTANT, AGENT, OR DESIGNEE. THE CONTRACTOR IS RESPONSIBLE
FOR VERIFYING ALL QUANTITIES. CLAIMS FOR ADDITIONAL COMPENSATION DUE TO
VARIATIONS BETWEEN CONDITIONS ACTUALLY ENCOUNTERED IN THE PROJECT AND
AS INDICATED IN THE CONTRACT DOCUMENTS 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 thirteen thousand, six-
hundred and eighty dollars · ($13,680.00) 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 unless the City has executed a written, authorized, and formal
Modification to the Contract signed by the City Manager or an Assistant City
Manager of the City of Fort Worth. It is expressly agreed between the parties
that there shall be no oral modifications to this contract.
C. The parties agree that the abatement and demolition grand total as specified
in the Contractor's bid (and the Not-to-Exceed amount in this contract) of
thirteen thousand, six-hundred and eighty dollars ($13,680.00) 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 grand total or
not-to-exceed price, the grand total or not-to-exceed price shall prevail. In no
event will compensation be greater than the not-to-exceed amount described
herein.
D. Quantities identified in the Invitation to Bid were estimated quantities only.
Prior to submitting a bid, as noted in the Invitation to Bid, the Contractor was
responsible for verifying all quantities upon which the Contractor's bid was
based. The Contractor was to rely exclusively upon its own estimates,
investigation, research, tests, and other data necessary to supply the full and
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. OBA: ACTION EXCAVATING AND DEMOLIITON-
3504, 3506 , 3508, 3510, & 3512 LEBOW STREET
Page 21 of 23
complete information upon which the Contractor's bid 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.
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 any
discrepancy between 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. Any claims for additional
compensation proposed by Contractor will be examined by the City in
consideration of the terms described herein and the Contractors request for
additional compensation must clearly show why the variation was not
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.
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. OBA : ACTION EXCAVATING AND DEMOLIITON-
3504, 3506, 3508 , 3510 , & 3512 LEBOW STREET
Page 22 of 23
CONTRACT FOR STRUCTURAL DEMOLITION
FOR LEBOW STREET PROPERTIES
DEM 12-08: TPW-LEBOW PROPERTIES
3504, 3506, 3508, 3510, & 3512 LEBOW STREET
FORT WORTH, TEXAS
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH
BY:~_,,._.~
Fernando Costa
Assistant City Ma~g/t
Date Signed: f/~Z
Michael Gange
Assistant Dire or
Transportation and Public Works
APPROVED AS TO FORM
AND LEGALITY:
~ h /!>v/L--
Arthur N. Bashor
Assistant City Attorney
CONTRACT FOR STRUCTURAL DEMOLITION
PAT INC. OBA: ACTION EXCAVATING AND DEMOLIITON-
3504 , 3506, 3508, 3510 , & 3512 LEBOW STREET
CONTRACTOR
Pat Inc., dba Action Excavating and
olition
WITNESS:
~ ~daa.;
CORPORA TE SEAL:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 23 of 23
I NO M&C REQUIRED : I
CERTIFICATE OF INSURANCE
TO: CITY OF FORT WORTH Date: May 7. 2012
NAME OF PROJECT: Demolition of Residential Structures at 3504 through 3512
LeBow
PROJECT NUMBER: DEM 12-08: TPW-LeBow Demolition
CONTRACTOR: Pat Inc .• dba Action Excavating and Demolition
Please staple your Accord insurance form to this page .
Your insurance form should list the City of Fort Worth as the additionally insured.
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C .A. Labor Code §406 .96 (2000), as amended , Contractor certifies that
it provides workers ' compensat ion insurance coverage for all of its employees employed
on City of Fort Worth Department of Transportation and C ity of Fort Worth Project No .
DEM 12-08: TPW -LeBow Demolition.
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
CONTRACTOR
Before me , the undersigned authority , on th is day personally appeared
Nu.1.1c'=) t>oXt «'i>ciJ , known to me to be the person whose name is subscribed to the
foregoing instrument , and acknowledged to me that he executed the same as the act
and deed of Pat Inc. dba Action Excavating and Demolition for the purposes and
consideration there in expressed and in the capacity therein stated .
Given Under My Hand and Seal of Office this ~ day of \\i\.~y , 20
KA THY ANN CHALLIS
Notary Public
STATE OF TEXAS
My Comm . Exp . Sep . 01 , 2015 ublic in and for the State of
Texas
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts
to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder,
non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State or Texas) bid projects for construction, improvements, supplies or
services in 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 non-resident bidder in order to
obtain a comparable contract in the State in which the non-resident's principal place of business is
located . The appropriate blanks in Section A must be filled out by all out-of-state or non-resident
bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident
contractors to do so will automatically disqualify that bidder. Resident bidders must check the box
in 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 of
the Statute is attached.
Non-resident vendors in (give State), our principle place of business, are
not required to underbid resident bidders.
B. Our principle place of business or corporate office(s) is in the State of Texas. ~
Bidder:
Pat Inc., dba Action Excavating and Demolition
6824 oakhtlfs[Drive West ~ "\
Fort ~orth, Texas]~ lll \ 4D \W)
By : (Please Print)
~I~
Title (Please Print)
FORT WORT Hr,
. ::.--=---=-=::.=~~ .. ~--. -. . ----
INVITATION TO BID
DEM 12-08: TPW -LEBOW DEMOLITION
The C ity off 0 11 Wo 11h is acce ptin g bid s fo r th e de mo li t io n o f fi ve (5 ) re s idential structures locate d at 3504 .
3506 , 3608, 35 10 , a nd 35 12 Le bow Street, Fo rt Wo rth , Texas. Ba se d on a s it e o bserva ti ons and info rm atio n
ob taine d thro ugh th e Ta rran t A pp ra isal Di str ic t (TA D), eac h of the five structure s is a dupl ex, and \\'as
co nst ru cted in 1985. Eac h of the duple xes is co nstru c ted on a concrete fo und ati on w ith bri c k a nd woo d
exte ri ors a nd as ph a lt roofi ng s hing le s . Eac h of th e fi ve dupl exe s is a ppro x im atel y 1,44 0 squ are fee t in size .
A n as be s tos s urvey wa s performed on each of the duplexes, and no asbestos was identified in an y of
the s tructures.
T he sco pe of wo rk in c lud es the de mo I iti on of stru ctur es a nd remova l of the buildin g materi a ls at:
o Demolition of the s tructure (approximately 1,440 square feet), associated fencing,
dri veway and other paving; and grading of the site as necessary.
o Demolition of th e structure (approximately 1,440 square feet), associated fencing,
driveway and other paving; and grading of the site as necessary.
o Demolition of the structure (approximately 1,440 square feet), as s ociated fencin g,
driveway and other paving; a nd grading of the site as necessary.
o De mo lition o f t he structure (a pproxim a tel y 1,440 square feet), associa ted fe ncin g,
d ri veway a nd oth e r paving ; a nd g r a ding of the si t e as necessary.
o Dem o lition o f t h e s tructure (approximately 1,440 s quare feet), ass ociated fencin g,
drive w ay a nd o the r paving; and g rading of the s ite as neces s ary.
., ri -~ ~ ''Weted'
th(\~ (lDsi, 'ne ~ ~ 'icco,~" . I Uu fl (11 lJ, fl I en~ ,, Ith th
l ), CJ/r , VCcu . nmen ta f p . most recent re i io ns of . oei '! of Fort W, Pat,onaJ Health and ro tr on A~e~cy (EPA ) Texa:pi)ltable laws and regulations
'!Jg performed onh Deve lo pme nt D ty Admrnr strat ion (OSHA) D partmen t of State Health
. epartm ent or any other entity that' ep~rtme~t ?f Tran sportation
Access to the si tes will be a .
may ave Jun sdiction on work
been rem oved . t your ow n discretion . All
the duple xes a re open and d .
oors and windows have
The City of Fort w h .
ort wrll prov ide the following:
• '1' c,-xa,. O ., artJn
P ent of State Health Services H .
Payme nt of the TDSHS fees; ealth (TDSHS) notificat io n preparation an d revision;
Water and electrical acc ess termination-and
•
•
Independent asbestos cons ul tant . ' services.
•
COS T ESTIMATE
Site Addresses Demolition
3S04, 3506, 3508, 3.510, & 3512 Lebow Street, Fort
Worth, Texas 76106
Each of the 5 structures is approximately 1,440
$ l=>,IP&D.OD
square feet in size.
Com pan y Name :
~ice-President (printed name):
~ice-President (signature ):
Ad dres s:
Telephone Numbe r:
Fax Number:
E-Ma il Address:
Pa t Xnc.. AbA, •. Ac.-tiw £xC£.ivat,·Yig f lleMo\;ho.,,
J\} ?
~,,.__'::l---'-4---=0'--=c.t~""""'-L-=->...l--"~L...!.· v~~--=-Wes r, FfW'TX 7b 1¥1
&,17) 5'72~ 347f
One (1) hard copy of the Bid should be hand delivered to the Purchasing Department, 1000
Throckmorton Street, Fort Worth, Texas, by 5PM, Wednesdav , April 18, 2012 . Email copies of the Bid
will not be accepted. Please add re ss questions re garding the bid or acce ss to Stewart.Brown@fortworthtexas.gov.
Timeframe to complete the wo rk is ten ( I 0) working days from commencement of asbestos abatement activities .
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