HomeMy WebLinkAboutContract 44188-A1 C T
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Between
CITY OF FORT WORTH
and
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GARR T DEMOLITION, INC.
For
ANNUAL CONTRACT FOR STRUCTURAL DEMOLITION
AND REMOVAL, TRANSPORTATION, AND DISPOSAL OF
ASBESTOS CONTAININGMATERIALS,
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Transportation & Public Works Department
Environmental Management Division
February 2014
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STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TAR RAN
T §
ANNUAL CONTRACT FOR STRUCTURAL DEMOLITION
AND, REMOVAL, TRANSPORTATION, AND DISPOSAL OF
ASBESTOS CONTAINING MATERIALS
ENV 12-101- DEMO
This Clon-t ract is entered into by and between the City of Fort Worth, a me-rule
municipality located within Tarrant County, Texas, ("City") acting through Fernando
Costa, its duly authoirized Assistant City Manager, and Garrett Demolition, Inc.,
Contractor"), acting throulglh Bradley J. Garrett, its duly authorized President.
WITNESSE,TH:
NOWy THEREFOREY 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:
Change Order means an officially authorized and executed' written amendment to a
Task Order, issued by the City.
it 's Re resientative means, the Assistant Director of Transportation and Public Works,
Environmental Mannagemeint Divis,ioln, or his designee.
Contract Documents means this contract; Req�uest for Qualifications, attachments, pre-
bid amendments, and' appendices to the Request for Qualifications- the Contractor's
response to the Request for Qualifications; all ancillary documents submitted with the
Contractor's response to, the Request for Qualifications; Requests for Costs; Task
Orders; and other written, printed, typed' and drawn instruments that comprise and
govern the performance of the work including,, but not limited to, proposal, plans,
specifications, maps, blueprints, notice of award, general conditions, special conditions,
supplementary conditions, general provisions, special provisions, change ordlers, any
contract amendments and the payment, performance and maintenance bonds, or other
such similar documents as may be required for work performed under this contract.,
The Contract Documents shall also include any and all supplemientall agreements
approved by the City which may be necessary to complete the work in accordance with
Asbestos Abatement and Demolition Annual Contract Page 11 of 23
Inc.
Garrett Demolition,
the intent of the plans and specifications in an acceptable m,a,nner, and shall also
include the additional instruments bound herewith.
as
NESHAP, shall mean the National Emissions Standards for Hazardous, Air Pollutants,
described in Title 40 CFR Part 61.
Notice to Proceed means the official letter issued by the City that authorizes Contractor
to begin work.
Request for Costs means a project description and other necessary details provided to
the Contractor by the City in order to obtain a cost quote or bid for conduct of the project
therein described.
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.
Task Order means, an officially authorized and executed written description and
specification direct,ing the Contractor to perform specific services within the sic , of this
contract, issued by the City.,
Universal Waste means any of the foillowing, hazardous wastes that are subject to the
universal waste requirements identified in 30 T 335.261,-.
('i) batteries, as described in 4,0 CFR 2,73.2
(ii) pesticides, as described in 4lO CFR 273,.3
(iii) mercury-containing equipment I including thermostats, as described in 40
CFR 273.4
('iv) plaint and paint-related waste, as described in 3135.262(b) of this title (relating to
Standards, for Management of Paint and Feint- elated Waste) and
(v) lamps, as described in 40 CFR 273.5
2.
SCOPE OF CONTRACTOR'S SERVICES
As projects, arise, the City will send a Request for Costs to all Contractors holding an
asbestos ablatement, and demolition annual contract with the City., The City then will
issue a Task Order for the project to the contractor that submitted the lowest, bid.
Individual projects will be authorized with Task Order which shall, specify-.
1. The scope of work for that project.
2. The time to complete work for that project.,
3. The agreed compensation for completion of work as specified for that pro'ect.,
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Page 2 of 23 Asbestos Abatement and Demolition Annual Contract
Garrett Demolition, Inc.
The scope of work shall include the furnishing of all labor, material,ls, and equipment
necessary to complete the work in accordance with the Task Order for a project and the
Contract Diolcuments.
Contractor shall perform, in a good and professional manner, the services contained in
the Task Order, consistent with the Contract Documents and in accordance with all
applicable federal, state, and local laws, directives, and guidelines.
Any changes to the scope of' work shall require a dull!y authorized Change Order issued
by the City.
The City shall not pay for any work performed by Contractor o:r its 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
verbally ordered by any person and shall rely only upon written authorization to: conduct.
work.
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 work sits ,
B. City shall prepare and irevis e all no!tilf'icatioln:s necessary to, the Texas Department,
of State Health Services (DS HS,) for the work provided herein.
C. City shall make payment of all applicable SHS fees.
D. City shall give timely direction to the Contractor.
E. C,ity shall render decis,io:ns regarding modifications, to the Contract and any other
issue.
4
TERM
Unless terminated pursuant to the terms herein, 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 two (2) one-year terms.
5.
IINDEPEN�D,ENT' CO,NTRACTO,R
The City, agrees to hire, Contractor as an independent con-tractor, and not as an officer,
servant, or employee of the City. Contractor shall have the exclusive right to control the
I
details of the work performed hereunder, and all persons performing same, and shall be
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Asbestos Abatement and Demolition Annual Contract Rage 3 of 23
Garrett Demolition, Inc.
solely responsible for the acts, and omissions of its officers) agents; employees, and
subcontractors. Nothing herewith shall be construed as creating a partnership or joint.
venture between the City and Contractor, its officers, agents, employees, and
subcontractors; and the doctrine of respondent superior has no application as between
the City and Contractor.
6.
COMPENSATION
Section 1.
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 auth�orization to conduct work.
Section 2,.,
Task Girders..
City 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 workY date to commence work, time period to complete, work and the
not to exceed payment amount for the Task.
Contractor will be responsible for coordinating with the Transportation & Public Works
Department — Environmental Management Division immediately after receipt of each
Task Order which shall specify the start date of abatement and/or demolition activities.
The purpose of the coordination will be to assure c,omplian�ce with the req,uirements for
notification to the Texas Department of State Health Services C .
i
Contractor sha�ll begin demolition work on a specific date as specified in the Task Order
which corresponds to the DSH'S notification.
Contractor shall complete all work specified for each Task within: the time specified in
the Task Order unless an extension of time is granted in writing g due to inclement
weather, with any such determination being made in the sole discretion of the City of
Fort Worth. A working day is defined as each day exclusive of Saturday, Sunday, and
declared holidays, as d els,ig;nated by the City of Foirt 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 titanic,
then, the City shall have the right in its sole discretion to either (1) demand that the
Contractor)s surety take over the work and complete same in accordance with the
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Page 4 of 23 Asbestos Abatement and Demolition Annual Cointrac,t
Garrett Demolition, Inc.
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 writing, setting forth and specify,I ing an itemized
statement, of the total cost thereof, said excess cost.
Section 3.
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 connecti�oin 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 numbler.
Payment for services rendered shall be due, within thirty (310) 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
iy
paid. No interest will accrue ori afly contested portion of the bi'lliing until mutuall
resolved. City will exercise 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, there shall be deducted from any moneys due or owing Contractor,i or
which may become due, -the sum of $1,00o.,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 pier day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
8.
INDEMNIFICATION
A. Definitions. The following words and phrases shall be defined as follows:
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Asbestos Abatement and Demolition Annuall] Contract Page 5 of 23
Garrett Demolition, Inc.
1 . "Environmental Damages" shall mean all damages, losses, diminished
values, claims, ju�d mile,n,ts, 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,I direct or indirect, tangible or intangible,
compensatory, exemplary, or punitive, economic or non-economic,
contingent or otherwise, matured or unmatured, foreseeable or
unforeseeable, to the City and any third parties, incl�udiing without limitation
reasonable attorney's and consultant,s, fees, any of' the foregoing which
are incurred as a result the Contractor I s work, or due to negligence, or
arising from a violation of any Environmental Requirements, or arising
from strict liablility, or an 'intentional tort, and whether any of the foregoing
are, attributable to the Contractor, as Subcontractor, a vendoir, employee,
agent,, successor, or assignee and including by way of example but not
limited to:
a. Damages for personal injury or death, pain and suffering, mental
or emotional distress, injury to property of any Bind or to natural
resources, environmental contamination; or the loss of use or
value of property;
b. Fees incurred for the services of attorneys, consultants,
engineers,: contractors, experts, laboratories, and investigators
related to any studies, cleanup, remediation, remova],, response
abatement, containment, closure, restoration,, monitoring work,
civil or criminal defense, or the recovery, of any other costs; and
i
c. Liability, claims, or judgments to any third persons or
governmental agencies in connection with the items referenced
herein.
d Fines, penalties, costs) agreed: orders, or settlements to any
federal,i state, or local government for violations of environmental
laws, permits, standards, or regulations.
2.: "Environmental Requirements shall mean the alto ruble or permissible
levels, concentrations, or amou�nts of materials; all applicable present a,nd
future statutesi, regulations,, rules, permits, plans, or authorizatioln s, 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; and all common law 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
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Page 6 of 23 Asbestos Abatement and Demolition Annual Contract
Garrett Demolition, Inc.
ca. All requirementsy inclu�ding, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emlissio,ns, d�ischlargies, relieases, or threatened rellelase f
wastes, substances, materials, pollutants, contaminants,
hazardous wastes, petroleum products, toxic substances,
materials, or other any other regiu�lated or harmful substances
whether solid, liquiid, or gaseous into the air, surface water,
groundwater, stormwater, or land, or relating to the manufacture,
processing, dlistri'butioni, use, treatment, storage, disposal,,
-transport, or handling of elements, compounds, materials,
substances, pollutants, contaminants, or hazardous or toxic
materials, substances, or wastes, whether solid, Iiquid:,, or
gaseous in nature; and
b. All requirements, including', but not limited to, those peirtainling to
reporting,1 licensing, permittiing, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of
radioactive materials or rad'i'ation or electromagnetic fields.
O. All requirements pertaining to the protection of the environment,
natural resources, the health and' safety of employees or the
public; and
d. Citizen suits authorized' by any federal or state law- and
e. All common law causes of action related to health, safety, natural
resources, and' the environment.
B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CI! , ITS
OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL:
1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN!, THAT ARE
RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED
HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING
STRICT LIABILITY) AND
2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO
ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, IN'CLUD,ING
I
ANY ACTS, OMISSIONS, OR LIABILITIES (INCLU,DIN' G STRICT LIABILITY).
C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
RELEASE, HOLD HARMLESS, REIMBURSE, AND, DEFEND, THE CITY,, ITS
OFFICERS,, AGE" TS, AND EMPLOYEES FROM AND AGAINST ANY AND
ALL DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF
ACTION THAT ARISE FROM OR RELATE TO OPERATIONS UNDER THIS
Asbestos Abatement and Demolition Annual Contract Page 7 of 23
Garrett Demolition, Inc.
AGREEMENT, AND SUBJECT ONLY To THE LIMITATIONS PROVIDED
SECTION 2254.0031 OF THE TEXAS GOVERNMENT CODE, IT IS THE
INTENTION OF T' E PARTIES THAT THE TERMS of THIS INDEMNITY
AGREEMENT,, INCLUDING THE GENERAL AND ENVIRONMENTAL
INDEMNITY PROVISIONS, SHALL APPLY EVEN IF INJURY, DEATH
PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES ARE CAUSED, IN
WHOLE E OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE,
INTENTIONAL AL T, VIOLATION OF A LA's OR DUTY TRIGGERING STRICT
LIABILITY,ILIITY, OIL BY THE INFRINGEMENT OF ANY PERSOINIS PROPERTY,
LEGAL, OR CONSTITUTIONAL RIGHT OR OTHER FAULT OF THE CITY OF
FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS,
'VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH,
OR IN PRIVITY WITH, THE CITY of FORT WORTH.
D. The obligations of the Contractor related to this general and environmental
indemnification shall includ el, 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 clai s, suits or proceedings are
groundless, false, or fraud'ul+ nit, and oonduowting all negotiations of any
description, and paying and discharging, when and as the same become due,
any and all ud me nts, settlements, penalties or other sunny due against such
indemnified persons.
E. Upon learning of' a claim, lawsuit, or other liability which Contractor is required
hereunder to indemnify, contractor shall provide City with timely notice of sane.
F The obligations of the Contractor related to this indemnification shall survive the
expiration or termination of this Agreement and the discharge of all other
obligations owed by the parties to each other hereunder.
9.
INSURANCE
The Contractor certifies it has, at a minimum current incur nee coverage as detailed
below and will maintain it throughout the term of this Contract. Prior to commencing
orK 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 i bility Insurance
Not applicable.
3. Automobile Liability Insurance
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Pugs 8 of 23 Asbestos Ablaternent and Demolitim Annual Contract
Garrett Demolition, linc.
Coverage on vehicles involved in the work performed under this contract.-
$1,000,000 per accident on a combined single limit basis, or: $500,0010 bodHy
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 load ins g, unl�oladinig and
transporting materials collected under the Contract shall be included under this
policy.
4. Worker's Corr'pensatioln
Coverage A: statutory limits
Coverage B. $100,000 each accident
$5O01,,0,0,0 disease -policy limit
$100,000 disease -each employee
5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per
occurrence. EIL coverage(s) must he 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 Automlobile Liability
insurance or other policy(s).
Bi. Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Con-tractor proceeding with the
Contract.
1 Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The term "City" shall include its employees,
1
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.
31. 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 (30) days notice of cancellation or mater,ial 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 Wo,rth, 1000
Throckmorton Street, Fort Worth, Texas 76,102.
..................... ........
Asbestos,Ablatement and Demolition Annual Contract Page 9 of 23
Garrett Demolition, Inc.
5. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; a,n�d:,, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
6 Deductible limits, or self insured retentions, affecting i:n su,r,ance required herein,
ona
shall be acceptable to the City in its sole discretion* and, in lieu of -traditi l
insurance, any alternative coverage maintained through insurance; pools or risk
retention groups m1ust, be also approved. Dedicated financial resources, or Letters
of Credit may also, be acceptable to the City.
T. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the it as respects the Contract.
8. The City shall be entitled, upon its request and without incurring expense, to
review the Contractor's insurance policies including endorsements thereto and, at
the City's discretion�-, the Contractor may be required to provide proof of insurance
premium payments.
9. The Commercial General Liability insurancle policy shall have no exclu�s,i ns by
endorsements unless the City a proves 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.
11. All insurance required above shall be written on an occurrence basis in order to
be approved by the City.
12. Subcontractor's to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Con-tractor. When subcontractors, maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
Not with tandin�g anything to the contrary contained her in, in the event a
subcontractor's insurance coverage is anc Iedi r terminated, such cancellation
or termination shall not constitute a breach by Contractor of the contract.,
10.
BONDING
Payment and Performance Bonds. Before beginning the work, the Contractor shall be
required to execute to the City of Fort Worth a payment bond for Task Orders in excess
of $251,000 and a performance bond if the Task Order is ins 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 Task Order. The perf
orman�ce bond is
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Page 10 of 23 Asbestos Abatemient and Demolition Annual Contract
Garrett Demolition, Inc.
solely for the protection of the City of Fort Worth, in 1�00% the amount of' the Task
Order, and conditioned on the faithful performance by Contractor of the work in
accordance with the plans, specifications, and contract docuimein ts. Contractor must
provide the payment and performance bonds, in the amounts and on the conditions
i
relqluire,di, wiith�iln 14, calendar days, after issuance of the Task Order.,
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
reqlu�iremients of Article 7.191-1 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 T'reasuiry to quallify as a surety one obligations permitted or required
under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,1000 from a reinsurer that is authorized and admitted as a reinsureir 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 rei:nsurance shall, be provided to the City upon
request. The City, in its sole discretion, will determine the adequacy of the proof
required herein.
No sureties will be accepited by the City that are at the time in default or delinquent on
any bonds or which are interested in any litigation agai'nist the City. Should any surety
one 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 immed iately provide a new
surety satisfactory to the City.
WARRANTY
Contractor warrants that it understands the currently known hazards and the suspected
1
hazards which are prelsien'ted to person, 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 is would prohibit performance of services under this Contract.
1,1 2.
DEFAULT AND TERMINATION
A. Contractor all 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
Asbestos Abatement and Demolition Annual Contract Page 11 of 23
Garrett Demolition, IInc,
eeN
nemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes,,
and extreme meteorological vents.. affirms a duty to mitigate any
I
delays, or damages arising from such causes.
B. If Contractor fails to, bleig�i�n work or to, complete work within the time specified in a
Task Order, City shall have the right to take charge of and complete the work in
such a, manner as it may deem appropriate. If City's total costs exceed the costs
as agreed in the contract documents, the City may deliver to, Contractor a written
notice of the total excess 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 a Task Order or the Contract Documents,1 City may notify
Contractor of the deficiency in writing. Failure of Contractor to correct such
deficiency and complete the work required under this contract or a Task Order to
the satisfaction of' City within ten days after written notification shall result 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.
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
termiin�ation�, 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
regiulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and clom,ply 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
Nio mod"ficat'lion of this Con�tract, shiall be blinding on the Contractor or the City
unless set out in writing and sign by both parties. No modification shall be
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Page 12 of 23 Asbestos Abatement and Demolition Annual, Contract
Garrett Diemnolitioln, Inc.,
binding, upon: the City unless signed by the City Manager or an Assistant City Manager
of the City of Fort Worth. In no .vent 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 modification to a material term of the Contract Documents or a Task Order
through the City, its, employees, contractors, or agents; and c) that it waives any claim
for compensation for work performed based upon an alleged oral change to a material
term of this contract by the City, its employees, or age�nts.
15.
RIGHT T01 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 record's of the Contractor involving
i its
transactions relating to this Contract. Contractor further, agrees to include in all i
subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiiratioln of three (3) years after final payment under the
su u bcontract, have access to papers, and records of suilch subcontractor involving
transactions relating, to the subcontract. The term "subcon�tract" as used herein Includes
purchase orders.
16.
MINORITY AND: WOMAN BUSINESS ENTERPRISE
M RT I'C IRAT 1:0 N
In accordance with City Ordinance No. 15530, the City has goals fir the participation of
minority business enterprises and woman business enterprises, ("IVINVIBE"), in City
contracts. Contractor agrees to a minimum MNVBE participation of 15% in accordance
with its proposal and the aforementioned ordinance. Contractor acknowledges the
M/WBE goal established for this Agreement and its cornmitment to meet that goal. 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.
PRE,VIAL,ING WAGE RATES
Contractor shall comply with TEXAS GOVERNMENT CODE,, C,ha,pter 2,258, with
respect to payment of Prevailing Wage Rates for publ'i'c works contracts and Contractor
.®.... ....
Asbestos Abatement and Demolition Annual Contract Page 13 of 2,3
Garrett Demolition, Inc.
shall comply with the Davis —Bacon Act for building and construction trades, and shall
comply with the prevailing wage requirements as specified in the RFQ for the project.
A worker employed on a publ�ic work by or on behalf of the City of Fort Worth shall be,
paid not less than the general prevailing rate of per them 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
e ployed 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 $116,0 for each worker employed for each
calendar day or part of the day that the worker is paid less, than!, the wage rates
stipulated in the contract.
'This requirement does not prohiblit the contractor or subcontractor from paying an
employee an amount greater than the prevailing wage rate.
18.
NON-DISC RIMINATION
Duri�ng the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article I I I 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,
advertisinig, 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-discririnination 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.
gage 14 of 23 Asbestos Abatement and Demolition Annual Contract
Garrett Demolition, Inc.
19.
GOVERNING LAW
The City and Contractor agree that the valiid�ity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law,.
20.
S EVE,RAB,ILI TY
'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
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 i 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 V'EN�UiE
By executing this contract, the parties, consent to the Jurisdiction of the State of Texas,
and Venue of any suit oir cause of action under this contract shall lie in Tarrant County,
Texas or the federal' courts therein.
23.
NOTICES
Any notices, bills,, invoices or reports required by t,h�iis contract shall be sufficient if sent
by the parties in the United States mail, postage, palid,: to the address noted below-
If to the City: Miichael Gunge, Assistant Director
Transportation and Public Works Department
1000 Throckmorton Street
Fort Worth, TX 761 O�2
..............
Asbestos Abatement are Demolition Annual Contract Page 15 of 23
Garrett Demolition, Inc,
If to the Contractor- Bradley J. Garrett, President
Garrett Dee olition,1 Inc.
P.O. Box 633,
Burleson, TX 76097
24.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns gns to this
contract. Contractor shall not ass,ign, 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 off'icer 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.
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, iin 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.
CON TRACT' CON STIR UCTI�OICJ
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, am�biguii'ties, 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 prolvis,i:on of this Agree men�t.
2,7.
ENTIRETY
This contract, the contract documents, and any otheir 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.
..................................................................................................................
..............—------- ............................
Page 16 of 23 Asbestos Abatement and Demolition Annual Contract
Garrett Demolition, Inc.
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, requireme�nts, and benefits of this con-tract if Contractor so chooses, and
3) to negotiate the terms of this contract within the bounds of applicable law.
Havi g 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 t may vary from those of the Invitation to
Bid or the Contractor's proposal,.
The siginatory to this contract irepresents that he or she is leg�alil�y authorized by the
Con-tractor to enter into a binding agreement on behalf of the Conitractoir.,
Remainder of page is intentionally left blank
.................
...............................
Asbestos Abatement.. .. ........and Demolition Annual Contract Page 17 of 23
Garrett Demolition, Inc.
ATTTACHMENT A.
SCOPE OF WORK
Contractor will furnish all labor, materials and equipment necessary to perform
demolition and asbestos abatement services as described be and in subsequent as
Orders,for specific projects issued by the City to the Contractor.
THERE, IS NO GUARANTEE OF ANY WORK UNDER THIS CONTRACT,: however,
upon specific written authorization bv the Ci,ly,, demolition and abatement services may
be performed on the foillolwing.-
• Structures exempt from the Asbestos National Emissions Standards for Hazardous
Air Pollutants (NESHAP — such as a single family residences,
- id sbe
• Facilities regulated under the Asbestos NESHAP that contain regulate a stos
containing material (RACM) below thres,holl�ds.
• Facilities regulated under the Asbestos NESHAP that require removal of RACM
prior to building demolition.,
• Facilities regulated under the Asbestos MESH that have been declared
structural y unsound or in danger of imminent collapse.,
Task Orders for demolition and asbestos abatement services may be issued on a per
property basis or as a group that may require phasing,.
Any and all asbestos related activities, must be performed at a minimurn in strict adherence
to the Texas Asbestos Hazards an Protection Act, NESHAP, and Occupational Safety
and Health Administration (OSHA) rules and regulations® If the Contractor provides its own
personal sampl�ing pumps and PCM cassettes to the City's Asbestos Consultant then the
C,ity's, Consu�ltant will perform the laboratory analysis, of the PCM cassettes for OSHA
monitoring.
All work performed under this Agreement shall be in strict adherence to all applicable
federal, state, and local rules and regulations.
PRO,J ECT' COlORDI NATION
Contractor will be responsible for coordinating with the TPW' - Environmental Management
Dlivis,ion, the start date of demolition to allow for notification to the Texas Department of
State Health Services (DSHS)., The City of Fort Worth will prepare and submit the DSH S,
notification and pay all DS,HS notification fees.
Upon recelipt of Task Order and prior to demolition, contractor must obtain a wrecking
permit to d mr oll�ish any structures -from the Planning and Development Department - (817)
392-21222.
In obtaining the wrecking permit, the contractor will he required to abide by City of Fort
Worth ordinance number 172281, also known as the "Tree Preservation Ordinance." Under
..... ......
Page 18 of 23 Asbestos,Abatement and Demolition Annual Contract
Garrett Demolition, Inc.
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 permi'ssib,l'e while stil'l' retaining 50% of existing
canopy.
Prior to site mobilization, the contractor must determine the applicability of the Texas
Commission on Environmental Quality (TCEQ) and City of Fort Worth Storm Water Rules
including the TPIDES General Permit No., TXR150000 and receive approval from the City.
In addition, the contractor must also submit any required documentation to the TCEQ and
the City of Fort Worth, The contractor must maintain compliance with these rules and
ensure posting of any required materials is done in such a manner so that the information
can readily be obtained by the general public.
SITE PREPARATION
Prior to any abatement or diemiol!itioln activities, the contractor will remove, all universal
waste items including light bulbs, m rcury-containinig 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
d isposeu.
Contractor will disco nett all associated air conditioning units and properly evacuate any
remaining refrigerant contained within -the units prior to being disconnected',
Utilities will have, been terminated to the sites. Prior to, demolition) the contractor will be
rasp ons,ible for verifying that all utilities, (i.e. natural gas,1 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 decidle
whether or not main lines or routes eff ectively traverse the project site. It will be
i
determined with the consultation of City staff the best method to address any utility
concerns involving the aforementioned utility service issues.
S,ITE, WORK
All' structures will' be abated of all RACM and will be demolished typlically removing all
slabs/foundations, utility infrastructure and gradiing, of the parcel to properly manage storm
water. In some, instances,, slabs/foundations, may have to remain in place and will be
identified by the City on a case, by case basis.
Prior to the start of abatement and d'emol'ition of any structure, each structure shall be
inspected to ensure the safety of the crew.
All debris generated from, the removal of RACM is to be disposed of as asbestos-
cointaining waste.,
.......... ...... .....
Asbestos Abatement and Demolition Annual Cointract Page 19 of 23
Garrett Demolition, Inc.
Prior to any site disturbance, the contractor will have implemented stormwater Best
Management Practices (BMPs). This may include, but not be limited to, the use of silt
fencing, rock check dams, mulching, erosion control blankets, curb and inlet protection
1:
devices, sediment traps,, sediment, basins,, and/or stabilized construction entrances, and
4r,
exits.
Contractor shall clean and remove all remaining, furniture, household furnishings, building
materials, tires, debris, trash, rubbish and any other solid waste from the premises. These
materials shall be recycled, r+ claim or disposed at a facility or landfill that is approved to
accept such waste.,
Contractor shall' maintain proper safety fencing, as needed, and also provide for adequate
signage, barricades, traffic cones,, and "flagmen" during the course of the project when
hear traffic will be leaving or entering the site. Temporary safety fencing to be used shall
be a heavy'-duty, diamond-li'nk mesh, orange, high density polyethylene safety or security
fencing that will withstand substantial weather-related stresses.
The Contractor is responsible for obtaining a City f fart Worth —Water Department water
meter if usage of water from nearby fire hydrants is anticipated.
The work area will be maintained in a, manner that will control all demolition d�ebris, 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 l' w 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.
A specific grass type indigenous to the area will be selected and agreed to depending
upon the time of year when the planting will occur. The soil will be analyzed by the
contractor in order to determine current nitrogen, phosphoric acid, and potash contents in
order to determine -the concentration and fertilization rate that should be ap:plied, to
maximize growth. Soil samples and analytical results must be prov,ided to the City for
determin�ing if additions of soil I amendments will be necessary, This must be done prior to
the dissemination of the applicable indigenous grass seed.. The seeded area will be
watered by the contractor, as needed, to allow proper establishment of vegetation.
The Con-tractor will maintain -the BlVlPs and the vegetative area for at least six months, or
until a uniform vegetative cover with a minimum of 70 percent coverage has been
established and has been accepted by the City for maintenance by others, whichever is
earlier.
Page 20 of 23 Asbestos Abatement and Dernolition Annual Contract
Garrett Demolition, Inc.,
unce sufficient vegetation has been established, all BMPs, will be removed by the
,contractor and the project will be closed out.
..........
..................
Asbestos Abatement and Demoliijon Annual Contract Page 21 of 23
Garrett Demolitionp Inc,
ATTACHMENT B.
COMPENSATION SCHEDULE
THERE IS NO GUARANTEE OF ANY MINIMUM QUANTITY O,F WORK UNDER THIS
CONTRACT., INDIVIDUAL PROJECTS SHALL BE PERFORMED AS ORDERED ON A
TASK ORDER DULY ISSUED BY THE CITY.
Work performed for each Task Order issued shall be compensated on a fixed-price
basis, which shall be specified on the Task Order for each project. The compensation
amount on the Task Order shall be the bid amount from the contractor for the individual
project.. Issuance of a, 'Task Order by the, City shall constitute acceptance of the,
Contractor's bid for the project.
A. The City shall not compenswel Contractor in excess of the amount specified
in each Task Order unless the City has executed a written, authorized!,
Change Order. It is expressly agreed between the parties that there shall be
no oral modifications, to this, Contract, Requests for Costs, Bids, or Task
Orders issued under this Contract.
B. Quantities identified in Requests, for Costs are estimated quantities only. Prior
to submitting a bid for a project, the Contractor is responsible for verifying all
quantities upon which the Contractor's bid is based. The Contractor is to rely
exclusively upon its own estimate , investigation, research, tests, and other
data necessary to supply the full and complete, information upon which the
Contractor's bid is based. It is mutually agreed that submission, of a bid is
prima-f'acie evidence that the Contractor has made all of the investigations,
ex,aminations, and tests required to make a fully informed offer.,
C. The parties intend and agree that any, change order will be issued only in the
case of extraoirdinary circumstances. Any claims for additional compensation
based on variations between conditions actually encountered in a project
and conditions as 'indicated in the project Task Order will not be allowed. Any
claims foir 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 blid. As used in this
contract ' not identifiable mea,ns 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.
Fhe final determination as to additional compensation will be made at the sole
judgment and discretion of the City,
The total amount of compensation under this contract shall not exceed $650,00,0 in any
annual term.
........... .......... ......
Page 22 of 23 Asbestos Abatement and Demolition Annual Contract
Gairrett Demolition) Inc.
ANNUAL CONTRACT FOR STRUCTURAL DEMOLITION
AND REMOiVAL, TRANSPORTATION, AND DISPOSAL OF
ASBESTOS CONTAINING MATERIALS
Ell V12-10: DEM110
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH CONTRACTOR
Garrett Dernoll " Inc.
BY: B
y
Fernando Costa Bradley J. Garrdrtt
Assistant City Man eir, 1 President
114
Date S*Igneldi:
1
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RECO IE o I
001110""'00011
c h a""eF'r1A V nge
Assistant I recto r
Transpo� fil d Public Works,
APPROVED AS TO FORM
AND LEGALITY:
A
Arthulr N., Basin it
Assistant City Attorney
...........��
Mary J., Ka y s4v
City Secretary
)00,jCW
0)1100010
A OFFICIAL RECORD
Milmllolliiw IN 11-
Asbestos Abatement and Demolition Annual Contract Iff T 19 WW M 13
Garrett Derinollition, InIc. FT WORTHl'TX
DATE(MMIDDdYYYY)
C" CERTIFICATE OF LIABILITY" INSURANCE
1x/2/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED Y THE POLICIES
BELOW.. "HIS CERTIFICATE OF INSURANCE 'DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS,URER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollicy(ies)must be endorsed. If'SUBROGATION IS WAIVED,subject to
the teams and conditions of the policy,certain policies may require are endorsement., A Statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s)'.
P 7DU cEI
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Higginbotham Insurance Agency, Inc. PHONE
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Burleson TX 76097
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INSURER F
COVERAGES CERTIFICATE NUMBER:1181 C 75071 REVISION ILIMBER:
THIS IS TO CERTIFY THAT THE POLICIES F INSURANCE LISTED BELOW HAVE BEEN ISS IED TO,THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR, OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED CRIBEI HEREIN IS SUBJECT TO ALL THE TERM'S„
EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED B PAID CLAIMS.._ .._... "��
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TYPE OF INSURANCE C POLICY NUMBER LIMITS LTR INSR M/ MI �...
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PERSONAL AD'V INJURY $1,004,I010... �......�,
GENERAL AGGREGATE 2,000,0
C EN'L AGGREGATE LIMIT APPLIES RER� PRODUCTS-C OMPI P AGG..t.$2,000,000_ ..
POLICY PRO-
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B AUTOMOBILE CC)I ILIE LIAI ILITY CAC) 2E3D60 12112011 5/21/2014 4 IEac Nident ,. $10
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C Polivation Liability EC L00012337 12112[11 121120'14 Llmit $1,� �„00101
DESCRIPTION OF OPERATION'S l LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
The General Liability and Automobile Liability lin includes a blanket automatic additional insured endorsement that provides additional
insured status and General Liability,Automobile Liability and Workers'ers'Compensation policy includes as blanket waiver of subrC� ation
endorsement to the certificate bolder Only when there Is a written contract between the named insured and the certificate holder that requires
such status.
The General Liability policy contains a special provision with"Primary and, Noncontributcr wording if written contract between the named
insured and the certificate hoilder requires such status.
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE
DESCRIBED POLICIES BE CANCELLED,BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
-rhe City of Fart Worth, as its Interests may appear and ACCORDANCE WITH THE POLICY PROVISIONS.
shall include it's employees, Officers, Officials,
agents, and AUTHORIZED REPRESENTATIVE
volunteers in respects to the Contracted services
11OOiO ThrOckmortOn St
Fort
WOrtl,TX 76102
19881-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(201 010 5) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: GAR RE1 3
LOC#,*.
ACC>R" ADDITIONAL REMARKS SCHEDULE Page i —of
AGENCY NAMED INSURED
Higginbotham Insurance Agency, Inc. Garrett Demolition, Inc.
1PO Box 63,3
POLICY NUMBER Burleson TX 7'6097
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO AC RD FORM,
FORM NUMBER: 25 — FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
RE: City Secretary contract#44188
�Se e attached form& 490-01 11, 0 A2048012919, CA 444031 0,WC420304A
ACORD 101 (2008101) 1@ 2 08 ACO CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD
POLICY NUM BER: CA00258066 COIF I' AUTO
CA 2 29'9
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
I
DESIGNATED, INSURED
This endorsement modifies insurance: provided under the following.
BUSINESS AUTO,COVERAGE FORM
GARAGE COVERAGE, FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the pirolvisioins of the Coverage Form apply unless modified by
this endo rsement.
This endorsement identifies person(s) or organization(s) who are "insureds"under the o Is An InsUred Provision of
the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the pollicy u�nles,s another date is indicated
below.
,Endorsement Effective'. Colunitersigneld By:
Named, I ns ured:
LAulhorized Representative)_,
SCHEDULE
Name of Person(s) or 0rganiizzdion(s).,,
ANY PERSON OR ORGANIZATION WHOM YOU ARE REQUIRED TO ADD AS AN
ADDTTTONAL INSURED UNDER WRITTEN CONTRACT, WRITTEN AGREEM7,NT OR
WRITTEN PERMIT CURRENTLY TN FFFECT OR BE. MIN EFFECTIVE, DTJRTNG THE
TERM OF THE, POLICY AND -E",XFCUTED PRT TO THE "BODILY TNJURY11
OR "PROPERTY DAMAGE 11 .
If no entry appears above, information required to, complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an '11insured"for Liability Coverage, but only to the extent that
person or organization qualifies as an "insured"' under the Who Is An Insured Provision contained in Section 11 of the
Coverage Form.
CA 20 48,02 99 Co,pyright, Insurance Services Office, Inc, 19918 Page 11 of 1 0,
InSlJfed Q)PY
Policy No GL901 148
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS PAC
This endorsement modifies insurance provided under the following.-
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION 11 —WHO IS AN INSURED is amended to, include as an additional, insured all persons or
organizations, as required by written contract with the named insured, but only with respect to:
1 Liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work"
performed for that additional insured at the location(s,) as designated in a written contract and
included in the ""products-completed operations hazardif: .
2. Liability for"bodily injury", "property damage IT or"personal and advertising injury" caused, in whole
or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf,
in the performance, of your ongoing operations, for the additional insureds) at the location(s) as
designated in a written contract,.
B. SECT101NI IV—CO ERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance
is amended and the following, added,.*
If you are required by written contract to provide primary insurance, the insurance afforded by this
Coverage Part for all persons, or organizations zations included as additional insureds as required by written
contract is primary insurance, and we will not seek contribution from any other insurance available to
that additional insured.
C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8. Transfer Of'
Rights Of Recovery Against Others To Us is amended and the following added:
We wive any rights, of recovery we may have against any person oir organization because of
payments we make for injury or damage resulting from your ongoing operations or "`your work" done
under a contract with that person or organization and included in the "products-completed operations
hazard" if:
11. You agreed to such waiver,
2. The waiver is included as part of'a written contract or lease-� and
1
31. Such written, contract or lease was executed prior to any loss to which this insurance applies.
D. For all sums which the insured becomes legally obligated to pay as damages caused by
"occurrences" under SECTION I — COVERAGES, COVERAGE' A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY,1 and for all medical expenses caused by accidents under
SECTION I —COVERAGES, COVERAGE C MEDICAL PAYMENTS, which can: be attributed only to
ongoing operations at any construction project involving the named insured during this policy period..
1. A separate Construction Plroject General Aggregate Limit applies to each construction project,
and that limit is equal to the amount of the General,Aggregate Limit, shown in the Declarations.
2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all
damages under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY! except damages because of "bodily injury" or 11 property
damage" included in the "products-completed operations hazard", and for medical expenses
under SECTION I COVERAGES, COVERAGE C MEDICAL PAYMENTS regardless of the
number of:
U649C-01 11 Includes copyrighted material of Insurance Services Office, Inc. Page I of 2
with its permission.
a., Insureds-,
b. Claims made or"suits"' brought; or
oil
c. Persons or orga ti nizati�ons making claims or bringing suits
3. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY fo,r damages or under SECTION I — COVERAGES,
COVERAGE C MEDICAL PAYMENTS for medical expenses shall reduce the Construction
Project General Aggregate Limit for that construction project. Such payments, shall not reduce the
General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction
Project General Aggregate Limit for any other construction project involving the named insured
during this policy period.,
4. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You
and Medical Expense continue to apipily. However, instead of being subject to the General
Aggregate Limit shown in the Declarations, such limits will be subject to the applicable
Construction Project General Aggregate Limit.
5. The most we °ill'' pay for the sum of all Construction Project G,enera,l Aggregate Limits combined
and to which this insurance applies is $ 5,000110010.00.
E. For all sums which the insured becomes, legally obligated to, pay as damages caused by
"occurrences"" under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under
SECTION I —COVERAGES, COVERAGE C MEDICAL PAYMENTS, which cannot be attributed only
to ongoing operations at any construction, project involving, the named insured during this policy
period:
1. Any payments made under SECTION I — COVERAGES, COVERAGE" A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY for damages or under SECTION I COVERAGES,
COVERAGE C MEDICAL PAYMENTS for medical expenses shall reduce the amouint available
under the General Aggregate, Limit or the Produicts-Completed Operations Aggregate Limit,
whichever is applicable; and
2'. Such payments shall not reduce any Construction Project General Aggregate Limit.
F. When coverage for liability resulting from the "products-corm leted operations hazard" is provided,
any payments for damages because of "bodily injury III or"'property damage"' included in the "products-
completed operations hazard 11 will reduce the Products-Completed Operations Aggregate Limit, and
not reduce the General'Aggreg,ate, Limit nor the Construction Project General Aggregate Limit.
G. If the applicable construction project has been abandoned, delayed, or abandoned and then
restarted, or if the authorized contracting parties, deviate from plans, blueprints,, designs,
specifications or timetables, the project will still be deemed to be the same construction project.
H. The provisions of SECTION 11111 LIMITS OF INSURANCE not otherwise modified by this
,endorsement shall continue to apply as stipulated.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
U649C-01 11 Includes, copyrighted material of Insurance Services Office, Inc. Page 2 of 2
with its permission.
0 WORKERS' COMPENSATION AND 1 EMPL01YERS
LIABILITY INSURANCE POLICY
Tex,asmuta
Insurance company WC 42 03 04 A
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM O "HERS ENDORSEMENT
This endorsement applies oral y to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page,
We have the right to recover our payments from anyone liable for an iin ury covered by this policy. We will not enforce our
right against the person or organization named i,n the Schedule, but this waiver applies, only with respect to bodily injury
arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver
from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule,
The premium for this endorsement is shown in the Schedule.
Schedule
1. Specific Waiver
Name of person or organization
X Blanket Waiver
Any person or organization,for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operation& ALL 'TEXAS OPERATIONS
3. Prernium
The prerniurn charge for this endoirsement shall, be _2.00- percent of the premium developed on payrol,l, in
connection with work performed for the above, persons,) or organizations)(s,) a6s,iing out of the operations described,.
4. Advance Premium INCLUDED, SEE INFORMATION PAGE,
This endorsement changes the policy,to which it is attached effective on the inception date of the policy unless a different date is indicated below,
The foliowing"attaching clause"need,be completed only when this endorsement is issued SUbsequent to,preparation of the policy)
This endorsement,effective on at 12'.01 A.M.standard tine,forms a part of
Policy No. TSF-0001201383' 201'30521, of'theTexas Mutual Insurance Cornpany
Issued to GIARRETT DEMOLITION I,NC
Endorsement No.
Premium$
Authorized Representative
WC420304A,(ED.,11-01-2000)
IN SURE D'S COPIY QUSER 5-20-2013
POLICY POLICY NUMBER.-CA00258066 COMIVERCiAL AUTO
CA 04 44 03 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SU ROGATION)
This endorsement, modifies insurance provided under the following*
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by 'this endorser-ent, the provisions of the Coverage Form apply unless mod
i-
fled by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is ind�icated'
below.
Narned Insured,
Endorsement Effecdve Date,
SCHEDULE
Naffie(s), Of Person(s) Or Orgarization(s):
ANY PERSON OR ORGANTZATTON FOR WHOM YOU ARE REQUIRED TO WAIVE
THE TRANSFER OF RTG S OF 8111 COVER AGAINST OTHERS UNDER WRITTEE N
CONTRACT,, WRITTEN AGREEMENT OR WRT7TEN PF,RMTTI CURRENTLY TN
EFFECT OR BECOMING FFFECTTVF DAR THE TERM OF THE POLTCY AND
EXECUTED PRIOR TO THE "F30DTLY INJURY11 OR "PROPERTY DAMAGE" .
Information r2 aired to cow 2lete-this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rghts Of RecovM Against Others
To Us Condition does not apply to the pers,on(s) or
or shown in the Schedule, but only to
the extent that subrogation is waived prior to the "ac-
*
c dent It
l or the "'l�o,ss"' Linder a contract with that person
or organization.
CA 04 44 03 10 Insurance Services Office, Inc, 20019 Page 1 of 1 0
Ir"swed Copy