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STATE OF TEXAS
KNOWN ALL, BY THESE PRESENTS
COUNTY OF TARRANT
ANNUAL CONTRACT FOR REMOVAL,OVAL, PAC G N , TRANSPORTATION, ANG
DISPOSAL OF ASBESTOS CONTAINING MATERIALS
AND OLD CONTAMINATED MATERIALS
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FROM CITY OWNED FACILITIES
ENV N,3-o . AC
This Contract is entered into by r d between the City of Fort Worth a ho,me-rule
municipality located within Tarrant County', Texas, "City" acting through Fernando
Costa, its duly authorized Assistant City Manager, and Ir toroon Environmental, Inc.
, �oti �� through �oror rdro��, its duly authorized ro�idort.("Contractor")
WITNESSETH
NOW,1 THEREFORE, ire consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
,; DEFINITIONS
In this contract, the following words and phrases shall be defined as follows:
Chan e Order assns on officially authorized and executed written amendment to ,
Task order, issued by the City.
gity's Representative means the Assistant Director of Transport ation and Public Works,
Environmental Management Division, or his designee.
Contract 'Documents means, this contract; Request for Proposals, attachments bid
amendments, and appendices to the Request for Proposals- the Contractor's response
to the Request for Proposals; all ancillary documents, submitted with the Contractor's
response to the Request for Proposals; Task orders; and o�thor written, rintod, typed
and drawn instruments that comprise and, govern the performance of' the work,
including, but note limited to, proposal!, plans, specifications, maps, b►luo ri�nts, notice of
award, general conditions, special conditions, suppilementary conditions, general
provisions, special provisions, change orders, any contract amendments and the
payment, performance and maintenance bonds, or other such simil ar documents as,
may be required for work performed' under this contract. The Contract Documents shall
also, include any and all supplemental agreements approved by the City which may be,
necessary to, complete the work in accordance with the intent of the plans and
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specifications in an acceptable manner, and shall also include the additional
instruments hound herewith.
NESHAP shall moan the National Emr issio�ns Standards for Hazardous Air Pollutants, as
described in Title 40 CFR 'Port 61.
Notice to Proceed means the official letter issued by the City that authorizes Contractor
to begin work.
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 s h�oo�ntraot.
'Task order moans an officially authorized and executed written description and u
specification directing the Contractor to perform specific ific services within the scope of this
contract, issued by the City.
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2.
SCOPE of CONTRACTOR'S SERVICES
F
Contractor hereby agrees to perform as an independent contractor the services sot forth
in the Scope of Work attached hereto as Attachment "A'''.
This s contract is to provide the City of f=ort Worth with those services as ordered daring
the term of the agreement. There is no guarantee of work granted by this, contract and
nothing in this contract is, to he construed as an exclusive agroornont with the contractor
to provide the City with services of this typo, or as an agreement by the City to
guarantee the Contractor any specific projects or quantities of work. THERE IS NO
MINIMUM UA N.......TEE oF.... ANY WORK UNDER►. THIS CONTRACT. ..:...,�..
Individual projects, will be authorised on a Task order basis when the City cleats to
proceed with each specific effort. City shall not pay for any work performed by
Contractor or its contractors, subcontractors, and/or suppliers that has not been
specifically ordered by the City in writing on a duly executed Task order or Change
Order. Contractor shall not be compensated for any work that is verbal,ly ordered by
any person and shall, role only upon written authorization to conduct work.
SCOPE of CITY SERVICE
The City agrees to perform the following services:
A. City shall coordinate with facilities, City departments, and any tenants for access
to work sites .
13. City shall prepare and revise all notifications necessary to the Texas Department
of State Health Services (DS HS) for the work provided heroin.
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C. City shall make paynno�nit of all apipilicablo DiSHS fees.
D. City shall give timely direction to the Contractor.
E. City shall render decisions regarding modifications to the Contract and any other,
issue.
TERM
4.
Unless terminated pursuant to the terms heroin, this Agreement shall be for a term of
one year, beginning upon the date of its execution. In addition, the term may be
extended by mutual agreement of the parties, for up to throe (3) ore-year terms.
5.
INDEPENDENT CONTRACTOR
The City agrees to hilro 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
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solely responsible for the acts and ornis ions, of its officers, agents, employees, and
WP su!bioointra'c
ors. 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 aipplicat,ion as between
the City and Contractor.
6.
s�
COMPENSATION
Section 1.
P Generally.
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
Change Order pursuant to the terms of the Contract Documents. Contractor shall not
be compensated for any work that is verbally, ordered by any person and shall rely only
upon written authorisation to conduct work.,
City and Contractor agree to the unit prices, employee labor rates, and other costs as
specified in this contract. Contractor shall be compensated in accordance with the
Schedule shown in Attachment "B". Payment shall, be considered full compensation for
all labor, materials, supplies, and equipment necessary to complete the services
described in Attachment "A",
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Section 2.
Task Orders.
pity will issue Task Orders to Contractor that detail the work to, be performed by the
Contractor. Task Orders will include at a minimum a unique Task Order Number, project
address, scope of work, date to commence work, time period to complete work and the �1
not to exceed payment amount for Task.
Contractor, will be responsible for coordinating with the Transportation & Public Works
'Department — Environmental Management Division immediately after receipt of such
Task Order which shall specify, the start date of abatement activities. The purpose of
the coordination will be to assure compliance with the requirements for notification to
the Texas, Department of State Health Services (DSHS).
Contractor ,shall complete all work specified for each Task within the time specified in
the Task Order unless are extension of time is granted 'in writing, with any such
determination being made in the solo discretion of the City of Fort Worth. A working day
is defined as each day exclusive of Saturday, Sunday, and declared holidays as
designated by the City of Fort Worth. If a stop work order is issued by the City, the
number of working days shall be tolled until the day the Contractor receives a written
notice to resume work issued by the City.
Should the Contractor fail to begin and complete any Task within the specified time,
then the City shill have the right in its solo discretion to either demand that the
Contractor's surety take over the work and complete same in accordance with the
plans, specifications and other Contract Documents or 2) to take charge of and
complete the work in such a manner as it may deem 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 r riting, setting forth and specifyin an itemized �.
statement of the total cost thereof, said excess cost.
Section 3. MINOR,
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 4.
Invoice and Payment.
The Contractor shall provide separate invoices to the City for each assigned Task. All
invoices must reflect the Task Order number. Invoices shall contain a detailed »1
breakdown to include-, labor including employee name, functional title date and hours of
work perform ed internal supplies and services provided; and external supplies and
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services rovidod and shall e submitted as a single invoice submitted within 3 days of
completion of all work specified in a task order.
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 contr ctorls
invoice for payment of ,sears. In the event of a dais used or contested bi'lling, only that
portion so contested may be withhold from payment, and the undisputed portion will be
paid. NJo interest will accrue on any contested portion of the billing until mutually
resolved. City will exorcise reasonableness in contesting any billing or portion thereof.
7.
LIQUIDATED DAMAGES
If contractor fails to commence and complete work under this contract within the
stipulated time kh ro shall be deducted from on moneys or owing Contr�cctor, or
which may become due, the Burn of $1 000.0 (ono 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 suns, as liquidated damages. The amount of
damage to city for delay in completion of the work is difficult to ascertain and the
mount of the liquidated damages, per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
INDEMNIFICATION
PIN
A., The following words and phrases shall' be defined as follows:
OMP 1. "Environmental Damages" shall mean all damages, losses, diminished
values, claims, judgments, penalties, fines, liabilities encumbrances,
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 is resolved by any good faith settlement, and of
whatever kind or nature, direct or indirect, tangible or intangible,
,I M11 compensatory, exemplary, or punitive, economic or noneconomic,
contingent or otherwise, matured or unrnaturod, foreseeable or
unforeseeable, to the city and any third parties, including without limitation
reasonable attorney's and consultant's foes, any of' the foregoing which
are incurred as a result the contractor's work, or duo to negligence, or
arising from a violation of any Environmental Requirements, or arising
from strict liability,, or on intentional torn and whether any of' the foregoing
are attributable to the contractor, o Subcontractor, a vendor, employee,
agent, successor, or assignee and including by way of example but not
limited to
a. Damages for personal in.Iu!rry or death, pain and suffering, mental
1, or e otional distress, injury to property of any kind or to natural
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roso�uroos environmental contamination, or the loss of use or
va l u o of property-,
b. Foos incurred for the services of attorneys, consultant's,
engineers, contractors, exports, laboratories, and investi gators,
related to any studies, cleanup, remediation, removal, response,
a atement, containment, closure, restoration, monitoring work,
civil or criminal defense, or than recovery of any other costs; and
o. Liability, claims, or judgments to any third persons or
governmental agencies in connection with than horns referenced �y
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d. dines, penalties, costs, agreed orders, or settlements to any
federal, state, or local government for violations, of enviroin mental
laves, permits, standards, or regulations.
2. "Environmental, Requirements" shall mean the allowable or permissible
levels, concentrations, or amounts of materials-' all applicable present and
future statutes, regulations, rules, permits, plans, or authorizations of all
governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions
thereof and all applicable judicial, administrative, and regulatory decrees, y
judgments, and orders; and all common lave causes of action, all of the
above relating to the protection of human health or the environment and
being inclusive of, but not limited to-, MIN!"
a. All requirements, including, but not limited to, "those pertaining to
reporting, licensing, permitting, facilities, sites, operations, y
emissions, discharges, releases, or threatened releases of
wastes, substances, materials, pollutants, contaminants,
hazardous wastes, petroleum products, toxic substances,
materials, or other any other regulated or harmful substances
whether solid, liquid, or gaseous into -thy: air, surface water,
groundwater, stormwater, or land, or relating to the manufacture) �
processing, distribution, use, treatment, storage, disposal,
transport, or handling of elements, compounds, materials,
substances, pollutants, contaminants, or hazardous or toxic
materials, substances, or wastes, whether solid, liquid, or
gaseous in nature; and
b. All requirements, including, but not limited too those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of
radioactive materials or radiation or electromagnetic fields.
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E The obligations of the Contractor rebated to this general and environmeniai
indemnification shall include, but not be limited to, the burden and expense of
reimbursing, the City for all fees and costs for defending all claims, suits, and
administrative, proceedings, 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 spume become due,
any and all judgments, settlements, penalties, or other sums due against such
indemnified' persons.
F. Upon learning of a claim, lawsuit, or other liability which Contractor is required
hereunider to i id mnify, contractor shall provide City with timely notice f same.
G The obligations of' the Contractor rebated to this, indemnification shall survive the
expiration or termination of this Agreement and the discharge of' all other
ligat,ions 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 maiintain it throughout the term of this Contract. Prior to commencing
work, the Contractor, shall deliver to City, certificates documenting this coverage. The
Cit may elect to have the Contractor submit its entire policy for inspection.
A. Insurance coverage and limits:
1. Commercial Gener ul Liability Insurance
$ each occurrence, $2,0100,000 aggregate
2. Professional Lia ility Insurance
$1,,000,000 each occurrence, $1 000,000 aggregate
3. Automobile Liablility Insurance
Coverage on vehicles involved in the work performed under this contract:
1 000,000 per accident on a combined single limit basis r $500,000 bodily
injury each person; $1,0100,000 bodily injury each accident; and $250,000
property damage.
The named insured and employees of Contractor sly= ll be covered under this,
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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. 'Workers Compensation
Coverage : statutory limits yy
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Coverage * $100,0010 each accident
$500,000, disease -policy limit
1 disease each employee
5r Environmental Impairment Liability and/or 'Pollution Liability $4,01010,000 per
occurrence. IL coverage(s) must be included in policies listed in subsections
and 2 above; or, such insu,ranoe shall be provided under separate policy().
Liability for damage occurring while loading, unloading and transporting, materials
collected under the contract shall be included under the Automobile Liability
insurance or other olicy s .
6. Asbestos Abatement Insurance
$ each occurrence with no, Sunset Clause, if' any abatement is to be
ON MR performed and prior to commencement of such work.
B. certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be doli�vered to the City prior to Contractor proceeding with the
Contract.
�» 1, Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. rho-term Cite shall include its employees,
officers, officials, agents, and volunteers as respects the Contracted services. .
"
2.. c ortificato s), of Insurance shall docunc ont that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance, documentation shall
not constitute a waiver of the insurance requirements.
4. A minimum of thirty 3 days notice of cancellation or material change in
coverage shall be provided to the City. A ton 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,, 110010
Throckm,orton Street, Fort orth, 'Texas 7 1 ,
5. Insurers for all pollicios 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 tonne of their financial strength and solvency.
J 6. Deductible limlits, or self insured retentions, affecting insurance required herein
shall be acceptable to the city in its solo discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also ap roved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
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. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
81. The City shall be entitled, upon its request and without incurring... expense to
review the Contractors insurance policies including endorsements thereto Fund, 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 o olusioins by
endorsements unless the City approves, such exclusions.
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1 The City shall not he responsible for the direct payment of any insurance
premiums required by the contract. It is understood that insurance cost is an
allowable component of Contractors s overhe ad.
11. Alil insurance required above shall be, written on an occurrence basis in order to
be approved by the City.
12. Subcontractors to the Contractor shall he required by the Contractor to maintain
the same or reasonabl y equivalent insurance coverage as re ui
red for the
Contractor. When subcontractors maintain insurance coverage, Contractor shell
provide City with documentation thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained heroin, in the event
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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10.
BONDING
Payment and Performance Bonds. Before beginnings 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 $2,5,000 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 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 plan, specifications, and contract documents. ontr actor must provide the
playmUent and performance bonds, in the amounts and on the conditions required, within
14 calendar days after, Notice of Award.
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 Fund solvency to the satisfaction of the City. The, surety must meet all
requirements of Article 7.19-1 of the Texas Insurance Code. All bond's furnished
hereunder shall meet the requirements of Chapter 2253 of the Texas, Government
Code, as amended.
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In addition, the surety must hold a certificate of authority, from, the Unlited States
Secretary of the Treasury to ualif as a surety on bli ations permitted or required
under federal law or 2 have obtained reinsurance for any liability in excess o,
$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 ualify 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 comity, in its sole discretion will determine the �d! �u� f the prof
required herein.
No ,sureties will be accepted by the City that are at the time in default or delinquent on
any bands 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.
WARRANTY
Contractor warrants that it understands, the currently known n hazards and' the suspected
hazards which are presented to persons, property and the environment by the work
WP 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
�rithi llpplioblo state end federal 1� � governing its �ti activities i under no restraint
or order which would prohibit performance of services under this Contract.
2.
DEFAULT AND TERMINATION
A. Contractor shall not be doomed 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, pidemics, quarantine restrictions, strikos, 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 or to complete work within the time speci fied in
Task Order, city shall have the right to take charge of and complete the work in
such o manner as it may deem appropriate. If City's total costs exceed the costs
as agreed in the contract documents, the city may deliver to contractor a written
notice of the total excess costs, and contractor shall reimburse city for such
excess costs without delay.
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C. If at any time during the term of this contract the work of Contractor fulls, to meet
the specifications of a Task Order or the Contract Documents, City may notify
Contractor f the deficiency in writing. Failure of Contractor to correct such
deficiency and complete the work required uired sunder this contract r a Task Order to
the satisfaction f' City within ten days after written notification shall result, in
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termination of this contract at the discretion of the City. All costs and attorneys
fees incurred by City in the enforcement of gun ► provision of this contract shall be
paid by Contractor.
D. City may terminate "this Contract at its sole discretion and without cause upon
thirty 3 dews prior written notice to Contractor, and such termination ination shall be
without prejudice to, any other remedy the City may have. In the event f
t rrninatioln, any work in progress will continue to completion unless specified
otherwise in the notice of termination. Th 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.
OBSERVE AND COMPLY
Contractor shall at all times observe, and comply with all federal, state, Fund local large 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, leas
ordinances and regulations including but not limited to applicable environmental laves.
Contractor represents itself as knowledgeable bl 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 officerrs, agents and employees from and
against all chinos or liability arising out of the violation lation f any such order, lave, ordinance, or
regulation, v+ hether it be by itself, its subcontractors, ,agents, or its em:ploye s.
14.
MODIFICATION
No m d'Ificat on,, of this Contract shall be binding on the Contractor or the IMty
sunless 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. In no event shall any verbal authorization changing the scope
of work r verbal agreements for , dditi+ nal compensation be binding upon the comity.
Contractor expressly agrees a not to make changes to its legal, financial, or logistical y»
position on any matter based on any oral representation by an employee, contractor, or
agent of the City prier to obtaining a written modification to this contract; b that it waives
any claim, based upon reliance or estoppel as a result of Ducting or not ,acting due to an
alleged oral modification to a material term of the Contract Documents or a Task Order
through the City, its employees, contractors, or agents- and c that it waives any claim
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for compensation for work erformed based upon an alleged oral change a material
term of this contract by the City, its employees, or agents.
15.
RIGHT TO AUDIS"
City and Contractor agree that, until the expiration of three (3,), years after the final
payment sunder this Contract, the City shall have access to and the right to examine any
directly pertinent boobs, 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) ears after final, payment sunder 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.
6.
MINORITY ITY AND WOMAN BUSINESS ENTERPRISE
LM/WBELPARTICIPATION
In accordance with City Ordinance Igo. 20020, the City has goals for the participation of
minority b�usinesa enterprises and woman business enterprises C'M/WBE") i n City
contracts. Contractor acknowledges ledges that no M BE goal has been established for this
Agreement. Any misrepresentation of facts (other than a negligient misrepresentation
and/or the commission of fraud by the Contractor may result in the termination of this
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Agreement and debarment from participating in City contracts for a period' of time of not
less than three (3) years.
17.
PREVAILING G WAGE RATES
Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 22581, with
respect to payment, of Prevailing Wage bates 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 FP for the project.
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 therm 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' pier them wages for legal holiday and overtime work. A worker is
employed on a public work if the worker is employed by a contractor or subcontractor in
the execution of a contract for the public work with the City of Vert Worth.
The contractor who is awarded a public work contract, or a s ubcontractoir of the
contractor, shall pay not less than the prevailin g wage rates to a worker employed by it
in the execution of the contract. A contractor or subcontractor who violates this
reluirernnt 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
stipul ted in the contract.
This requirement does not prohibit the contractor or subcontractor from paying are
employee n amount greater than the prevailing wage rate.
lidOWDISCI IMIIII TI0111 s
During the performance of this contract, Contractor shall not discriminate in its
empiloyrnent practices and shall comply with all applicable provisions of Chapter 171
Article Ill 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 empilolyment,
advertising, hiring, layoff, recall, termination of employment,, promotion, demotion,
transfers 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 n n discriminat n c1 se.
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, adv ertisements, 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.
119.
GOVERNING A
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 lair.
20.
SEVER . ILITY
N;
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 unenforoeability 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.
Asbestos and Mold O&M Contract Page 14 of 2 N'
ntercon Environmental, Inc.
21.
RIGHTS AND REMEDIES NOT WAIVED
t
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 war impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by either
arty of' any provision or condition of the contract shall not be construed or decreed to
be a waiver of any other provision n r condition f this Contract, nor a waiver of ,
subsequent breach of the same provision, r condition, unless, such waiver be
1, expressed in writing by the a rt to be bound.
U
22.
JURISDICTION AND VENUE
By executing this cnntr nt, the parties consent to the Jurisdiction of the State of Texas,
and 'venue of any suit or cause of action under this contract shall He in Tarrant County,
Texas or th+ federal courts therein.
23.
NOTICES
Any notices, bills, invoices or reports required by this contact shall be sufficient if sent
by the parties in the United States rail', postage ,paid, to the address noted below:
If to the City: Michael Gunge, Assistant Director
Transportation and Public "Work Department
1000 Throckmortnn Street
Fort Worth, TX ?6102
If to the Contractor. I nternon Environmental, Inc.
Attn: Karen Andrews, President
y
210 S. Walnut Creek Drive
Mansfield, TX 76063
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. Lathing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor sholil it be ooinstrued
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
Asbestos,and Mold &M Contract Page 15 of 2
ntercon Environmental, Inc.
25.
NO, THIRD—PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be cons,idered 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 noir al rule of coinstruotion to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
mover;
217
ENTIRETY
k
This contract, the contract documents, and any other documents, incorporated by
reference herein are bindling 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 and 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..
AU HORITY AHD EXECUTION
By signing this contract Contractor warrants that it has had the opportunity 1) to ,1
examine this con-tract in its entiret�y, 2 to have its legal counsel, examine and explain the
content, terms, re uiirements, and benefits of this contract if Contractor so chooses, and
3 to negotiate the terms of this contract within the bounds of applicable law.
Having had the opportunity to submit its bid and also to specifically negotiate the terms,
of this contract, Contractor agrees to be bound by this contract and expressly agrees to
the terms of this contract, including terms that may vary from those of the Invitation to
Bid or the Contractor's proposal.
The signatory to this contract represents that he or she is legally authorized by the
Contractor to enter into a binding agreement,on behalf of the Contractor.
Asbestos and Mold O&M Contract Page 1,6 of
ntercon Environmental, Inc.
... ...... _._
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riy
1 n
A.. ACHIMEl" T A.
SCOPE OF WORK
Contractor r will furnish all labor, materials and equipiment necessary to perform services
es
as described' below and in subsequent Task Orders for specific projects issued by the City
to the Contractor.
rho City performs asbestos abatement activities within City owned facilities on a routine
basis. Asbestos-containing aterials AC that may be encountered include but are
not lirnited to floor the and mastic, transite thermal system insulation, spray-on
fireproofing, wall and' ceiling texture joint compound, and roofing materials. The City
also occasionally encounters mold in City facilities that requires r mediati n.
THERE IS NO GUARANTEE OF ANY MIINIMUM QUANTITY OF WORK UNDER THIS
CONTRACT.
J,, Types f C rI which the Contractor will perform upon s ecifiC written authorization b
the shall include the following, and related services:
0 Maintenance of all applicable licenses, and certifications;
Removal of AC M;
Packaging and labeling, of ACM for disposal;
Transportation of ACM for disposal; and
Disposal sal Cif ACM.,
Removal of Moldi-C ontarninatelld Material;
and labelling f Mold-Contaminated Material for disposal (if needed)-
' Pa��,a��rli�� �!
Transportation of Mold-Contaminated Material for disposal if'needed); and
�} Diis,ploisall of Mold-C nta inateld Material if needed).
This list is intended to be Illustrative and not exhaustive, and similar or related services
may be ordered subject to the terms of this contract and as authorized by the City.
ALL WORK SHALL BE PERFORMED IN ACCORDANCE C RD NCE WITH APPLICABLE
FEDERAL, STATE AND LOCAL AL R _ LES AND REGULATIONS. C ONT CTOR I
REQU11RED TO, STAY ABREAST OF ANY CHANGES TO APPLICABLE RULES AND
REGULATIONS,.
The Comity will perform the following tasks under this contract:
Provide Asbestos Assessment Reports and Asbestos, e oval Specifications;
Provide M ld Assessment Reports and Mold PemediatiC n Protocols;
cols
Provide site contact information,
I Provide site access;
Provide timely notice to Contractor In writing of ACM! or M lid removal pr j ctst
detailing the location (s), type of work, and other pertinent information;
I Asbestos and Mold O&M Contract Pagle 11 7 of 2
Intercon Environmental, Inc.
Provide Asbestos or Mol d C ►nsult nt, Air Monitoring Technician, and Project
Manager to oversee asbestos or mold removal work-
Provide approved OSHA Air Monitoring for asbestos abatement activities"
Pay applicable Texas Department of State Healthy Services DS,HS asbestos
notification fees and file DSHS notifications and make necessary amendments. �1
Remainder of page is left blank intentionally.
IN
Asbestos and Mold O&M Contract Pugs, 18 of 21
I ntercon Environmental, Inc...
ATTACHMENT
COMPENSATION' SCHEDULE
Prices, for services, rendered under this contract ill be compensated as spe,cified li
tables l .� These prices include lab ii material p � �ppilles, to perform
the ice. l rl! e ill i'll as unit t o r dig i � costs in accordance with
the Ji
tables, mobilization t transportation is l fees specified
ini, the tabI .
In certain circumstances as specifically call u t orl by a Task Order, time arid' material
' billiing will be corn erasable in accordance with the hourly rates specified In the tables
below, plus necessary materials, equipment, supplies, and services which will be
compensable at ntra or''s actual & reasonable cost plus a 5% miar u� .
The total compenisation for services is under this contract shall not exceed Fifty Thousand
Dollars in annual term.
THERE IS NO GUARANTEE OF ANY MINIMUM QUANTITY OF WORK U'N ER THIS
CONTRACT.,
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ACM Type UNIT COSH'
Carpet O �. _.. SF $ . 5
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Floor app�led Masj tic(ONLY) S $ 1.310
Floor Title and Mastic $ 1.851
Plaster or stucco material S,F $ 5.00
Roof Flashing SF $ 8.00
.. ...........
Ro9jog F4�lt SF $ 5.00
Sheetrock Joint Compound SF $ 2.25
Spray-on F'ir oofin 1/2 inch to 2 1 2 inch thickness) SF $ 8.010
S �rtacin aerial SF 2.25
Boiler Insulation SF $ 10.00
R lle -ors Textum SF $ 2.00
Spra _d-on Texture (e.g. ?p g) SF $ 2.00
Trawled-on Texture Sly $ 2.00
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>12 inch OD LF $20.00
Filar inch OD each Fitting 40.00
Fitting 6.1 - 12 inch OD Fiffin $ 510.0,0
Fitting > 1 chi Fi tin .0
Mastic on duct insulation LF 3.50
� Trar slte Material SF $ 1.75,
..............
"'ill, f ' r, or ce lir fibrous ACM' board SF $� 1.85
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Mobilization (once Per job sitgj-. Sits 500.100
Asbestos and Mold O&M Contract Page 2
Intercon Environmental, I'nc.
Trr ration and Disposal of ACS Wash C " $ 22.50
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Cove Base SF $16.00
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Carpeting SIF $ 1.15
Disinfecting tir of Surfaces SF $2.50
Wall Systems S 2.5
Ueiling Systems
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Transportation and Dis oral f'Mlold Waste CY �� 15.00
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Mold Worker ��ur Licensed) 42.50
Licensed hold Supervisor H u�r $47,50
Remainder of page is left b►Ilank intentionally.
t
Asbestos
Intericon, Environmental, Inc.
o
i UAL CONTRACT FOR RE OVAL PACKAGING, TRANSPORTATION, AND
DISPOSAL ASBESTOS CONTAINING T I L
AND OLD CONTAMINATED T I I!
FROM CITY OWNED FACILITIES
L -
IN WITNESS THEREOF,, the parties have executed this contract in triplicate In Fort
Worth, Texas, on the dates written below.
CITE" OF FORT WORTH CONTRACTOR
IN�TERCON ENVIRONMENTAL, INC.
or
w BY`mI
Fernando Costa Karen Andrews
Assistan t City Mana r President
Date Signed: '113
1 „
iou
Michael A. G ig a
r"I '�IIµ�L,
V
fi
Transporta ' n and ubli Works,
�.
PROVED AS TO FORM
VIP AND, LEGALITY:
�w
Arthur N. Bash or
Assistant City Attorney
F01,
PIP, �r
n
ATT IT 0
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a�
I�
e
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Mary J. Ka � OF�m �
IS
City Secret
OFFICIAL RECORD
Cilry SECRETARY
Asbestos,and Mold O&IVI Contract of 21
I n ercon Environmental, Inc.c