HomeMy WebLinkAboutContract 29421 ORIGINAL - -
CITY SECRETARY �-
CONTRACT NO.
CONTRACT
BETWEEN
CITY OF FORT WORTH
AND
AMERICAN ENVIRONMENTAL SPECIALTIES
PROJECT # DEM:04-02:AAC
FOR
REMOVAL, PACKAGING, TRANSPORTATION
AND DISPOSAL OF ASBESTOS-CONTAINING
MATERIALS FROM CITY OWNED FACILITIES
JANUARY 1, 2004
STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT FOR REMOVAL, PACKAGING, TRANSPORTATION AND DISPOSAL
OF ASBESTOS-CONTAINING MATERIALS FROM CITY OWNED FACILITIES
This Contract is entered into by and between the City of Fort Worth, a home-rule municipality
located within Tarrant County, Texas, acting through Libby Watson, its duly authorized 4_cte
Assistant City Manager ("City"), and American Environmental Specialties, Inc., a T=ms Oklahoma
corporation, acting through Jerrold Andrews its duly authorized
Vice President ("Contractor").
WHEREAS, on December 17, 2003 the City Council authorized the City Manager to execute an
annual contract for asbestos abatement operations and maintenance services through M&C C-
19905; and
WHEREAS, the City has a number of facilities that have materials containing asbestos which
occasionally require the disturbance and/or removal of a portion of the material containing
asbestos; and
WHEREAS, Federal and State laws require only licensed and trained professional perform such
work; and
, WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in
conducting such removal packaging, transporting, and disposal of asbestos; and
WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and
experienced in conducting removal, packaging, transporting, and disposal of asbestos.
WITNESSETH:
NOW, THEREFORE, in consideration of the payments and agreements hereinafter mentioned
to be made and the true and faithful performance of the mutual covenants herein contained, the
City and Contractor hereby agree as follows:
1.
DEFINITIONS
In this Contract, the following words and phrases shall be defined as follows:
Asbestos shall mean the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite,
anthophyllite, and actinolite and all materials containing one percent or more of any of those
substances.
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Asbestos Abatement shall mean the removal, the encapsulation or the enclosure of asbestos.
Asbestos Abatement Activity shall mean asbestos abatement and any on-site preparations or
clean up related to the abatement.
Asbestos-Containing Material (ACM) shall mean materials or products that contain more than
one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental
Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal
li Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart E, Appendix A. This means
any one material component of a structure.
Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away asbestos
containing material (ACM).
City shall mean the City of Fort Worth, Texas.
Contract Documents shall mean this document, the Contractor's Response to the RFP or Project
DEM:04-02:AAC and all addendums attached as exhibit"A", all other exhibits as described in
this Contract and all ancillary documents.
Contractor shall mean American Environmental Specialties, Inc.
DEM shall mean the Department of Environmental Management.
k
Director shall mean the Director of the City of Fort Worth's Environmental Management
Department.
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Encapsulation shall mean a method of control of asbestos fibers in which the surface of asbestos
containing material (ACM) is penetrated by or covered with a liquid coating prepared for that
purpose.
T Enclosure shall mean the construction of an airtight, impermeable, semi-permanent barrier
surrounding asbestos to prevent the release of asbestos fibers into the air.
Environmental Damages shall mean all claims,judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation
and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith
settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or
unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees
and disbursements and consultant's fees, any of which are incurred as a result of the existence of
a violation of environmental requirements pertaining to the operations and maintenance
abatement of asbestos, and including without limitation:
a. Damages for personal injury and death, or injury to property or natural resources;
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b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories
and investigation or remediation of the monitoring wells resulting from any violation of
environmental requirements including, but not limited to, the preparation of any
feasibility studies or reports of the performance of any cleanup, remediation, removal,
response, abatement, containment, closure, restoration or monitoring work required by
any federal, state or local governmental agency or political subdivision, or otherwise
expended in connection with the existence of such monitoring wells or violations or
environmental requirements, and including without limitation any attorney's fees, costs
and expenses incurred in enforcing this contract or collecting any sums due hereunder;
and
C. Liability to any third person or governmental agency to indemnify such person or agency
for costs expended in connection with the items referenced in subparagraph (b) herein.
Environmental Requirements shall mean all federal, state and local applicable present and future
statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all
governmental agencies, departments, commissions, boards, bureaus, or instrumentalities thereof
and all applicable judicial, administrative, and regulatory decrees,judgments, and orders relating
to the protection of human health or the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to reporting, licensing,
emissions, discharges, releases, or threatened releases of hazardous materials, pollutants,
contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid,
or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or
relating to the manufacture, processing, distribution, use, treatment, storage, disposal,
transport, or handling of pollutants, contaminants, or hazardous or toxic substances,
materials, or wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety of employees or the
public.
NESHAP shall mean the United States Environmental Protection Agency National Emissions
Standards for Hazardous Air Pollutants,as described in Title 40 CFR Part 61.
Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos material, (b)
Category I non-friable ACM that has become friable, (c) Category I non-friable ACM that will
be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category 11 non-friable
ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to
powder by forces expected to act on the material in the course of demolition or renovation
operations.
Subcontract shall mean a contract between the Contractor for this project and another person or
company for any task listed in Paragraph 2 "Scope of Contractor's Services." A purchase order
is also considered a subcontract.
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Task Order shall mean a letter issued by the City that authorizes Contractor to begin work on a
particular task.
2.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor agrees to furnish all labor, materials and equipment necessary for the removal,
packaging, transportation, and disposal of asbestos-containing materials from City owned
facilities on an as-needed basis as determined by the Director. There shall be no
minimum work guaranteed under this Contract.
B. Contractor shall maintain all applicable licenses and certifications.
C. Contractor shall remove ACM as directed by the Director.
D. Contractor shall package and label ACM for disposal.
E. Contractor shall transport ACM for disposal and dispose of ACM in a proper and lawful
landfill.
F. CONTRACTOR SHALL PERFORM ALL WORK IN ACCORDANCE WITH
APPLICABLE FEDERAL, STATE AND LOCAL RULES AND REGULATIONS.
CONTRACTOR IS REQUIRED TO STAY ABREAST OF ANY CHANGES TO
APPLICABLE RULES AND REGULATIONS.
3.
SCOPE OF CITY SERVICES
A. City agrees to designate a City representative to provide timely direction to the
Contractor and render City decisions.
B. City shall provide Asbestos assessment reports and Asbestos removal specifications.
C. City shall provide site contact information and site access.
D. City shall provide timely notice to Contractor in writing of ACM removal projects,
detailing the location(s), type of work, and other pertinent information.
E. City shall provide an Asbestos Consultant, Air Monitoring Technician, and Project
Manager to oversee asbestos removal work.
G. City shall pay applicable Texas Department of Health (TDH) asbestos notification fees.
H. City shall prepare and revise notification to the Texas Department of Health for the work
described herein.
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4.
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS
-
In performing the services required under this Contract, Contractor agrees to comply with
all applicable federal, state and local laws, statutes, regulations, environmental requirements,
ordinances, and the Building and Construction Codes of the City of Fort Worth.
5.
REQUIRED LICENSED AND PERMITS
A. Contractor certifies that it or its subcontracts has all current and appropriate federal, state and
local licenses and permits to remove and maintain such structures as described herein.
B. Contractor agrees to maintain and require its subcontractor used to perform this Contract to
maintain all required federal, state and local licenses and permits during the performance of
this Contract, including a wrecking permit, and a City of Fort Worth Waste Hauler Permit.
6.
SUBCONTRACTORS
If Contractor desires to subcontract any service or services listed under Section 2
"Scope of Contractor's Services" of this Contract, Contractor agrees to obtain the City's written
acceptance of such subcontractor(s) before allowing such subcontractor(s) to perform such
service or services. Failure of the Contractor to obtain the City's written acceptance of any and
all of the Contractor's subcontractors used in the performance of this Contract is grounds for
automatic termination. In addition, Contractor acknowledges that City may, at City's own
discretion, perform on-site audits of all proposed subcontractor's facilities in order to determine
acceptability.
7.
WAGES PAID BY CONTRACTOR
Contractor agrees that all persons employed in the performance of services under the
Contract shall be paid standard wages, notwithstanding the foregoing, the Contractor agrees
to comply with all requirements of Chapter 2258, Texas Government Code, including the
payment of not less than the rates determined by the City Council of the City of Fort Worth
to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code.
8.
INSURANCE REQUIREMENTS
Contractor agrees to furnish the following proof satisfactory to City, that it or it's
subcontractor(s) has secured and paid for the following policies of liability insurance for the term
of this contract covering all risks related to the removal, packaging, transporting, and disposal of
asbestos according to the specification in Exhibits"A":
A. Commercial General Liability Insurance - $2,000,000 each occurrence.
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B. Professional Liability Insurance -$2,000,000 each ocurrence.
C. Automobile Liability Insurance—
a) Coverage on vehicles involved in the work performed under this Contract:
♦ $1,000,000 per accident on a combined single limit basis
or:
♦ $500,000 Bodily injury/person
♦ $500,000 Bodily injury/accident
♦ $250,000 Property damage
b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person,
$40,000 Bodily Injury each accident; $15,000 Property Damage each
accident.
D. Worker's Compensation—
a) Statutory limits for Worker's Compensation plus
b) employer's liability at a minimum:
♦ $1,000,000 each accident;
♦ $1,000,000 disease-policy limit; and
♦ $500,000 disease -each employee.
E. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000
per occurrence. EIL coverage(s)must be included in policies listed in items A and B
above; or, such insurance shall be provided under separate policy(s). Liability for
damage occurring while loading, unloading and transporting materials collected
under the contract shall be included under the Automobile Liability insurance or
other policy(s).
F. The following shall pertain to all applicable policies of insurance listed above:
1. Each insurance policy required by this Contract, except for Workers
Compensation insurance and professional liability insurance policies shall be
endorsed to include that the City of Fort Worth, its officers, agents,
employees, representatives, and volunteers as additional insured as respects
operations and activities of, or on behalf of the named insured, performed
under contract with the City of Fort Worth.
2. Subcontractors shall be covered under the Provider's insurance policies or
they shall provide their own insurance coverage; and, in the latter case,
documentation of coverage shall be submitted to the Provider prior to the
commencement of work and the Provider shall deliver such to the City.
3. Prior to commencing work under the Contract, the Provider shall deliver to
the City of Fort Worth insurance certificate(s) documenting the insurance
required and terms and clauses required.
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4. Each insurance policy required by this Contract shall contain the following
clause or reasonably equivalent terms:
"This insurance shall not be canceled, limited in scope or coverage, or
non-renewed until after thirty (30) days prior written notice has been given
to the Director of Environmental Management, City of Fort Worth, 1000
Throckmorton, Fort Worth, TX 76102-6311."
5. The insurers for all policies must be approved to do business in the State of
Texas and be currently rated in terms of financial strength and solvency to
the satisfaction of the City's Risk Manager.
6. The deductible or self-insured retention (SIR) affecting the coverage
required shall be acceptable to the Risk Manager of the City of Fort
Worth; and, in lieu of traditional insurance, alternative coverage
maintained through insurance pools or risk retention groups must be also
approved."
_ 7. Applicable policy(s) shall each be endorsed to provide a waiver of
subrogation.
S. All limits of insurance required shall be available for claims arising out of
services agreed to in this Contract. Such reservation of insurance limits
shall be endorsed on each policy.
9. In the event the Contractor becomes aware of any damages sustained or
claim thereof, arising out of the Contractor's services under this Contract,
notice thereof shall be provided to its insurer(s) and the Director of DEM
in a timely manner.
10. "Other insurance" as referenced in a standard Commercial General
Liability insurance policy shall not be that of the City.
9.
TERM OF CONTRACT AND TIME TO START TASK
a A. The term of this Contract shall be from January 1, 2004 through December 31, 2004.
City shall have the right to extend this Contract for up to two (2) consecutive one (1) year
renewal terms, provided City and Contractor agree in writing at least thirty (30) days
prior to the end of the initial or renewal term. All renewals shall have the same terms,
conditions and fees as set forth herein, unless agreed to otherwise in writing by both
parties in an amendment to this Contract.
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B. Contractor agrees to begin work no later than fourteen (14) days from the date of a Task
Order (i.e. Asbestos Removal Request). In emergency situations, Contractor shall
respond as requested by the Director.
C. Upon completion of the project, the Contractor shall submit to the Director, an itemized
bill detailing the unit number, the property address, the price according to the Unit Price
list included in Attachment A, Section 2.5 and the name of the landfill where each load
of asbestos and demolition debris was delivered.
10.
INDEPENDENT CONTRACTOR
The Contractor shall perform all work under this contract as an independent contractor
and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right
to control the details of the work performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, agents, employees, and
subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture
between the City and Contractor, its officers, agents, employees, and subcontractors; and the
doctrine of respondeat superior shall not apply as between the City and Contractor.
' 11.
COMPENSATION
A. The City and Contractor agree that the total cost of this contract shall not exceed fifty
thousand dollars ($50,000).
' B. The City shall not be liable for any costs in excess of the Not-to-Exceed amount specified
in Paragraph 11J A., unless the City has signed and issued a formal modification to the
Contract.
C. Contractor acknowledges that payment will not be rendered by City unless Contractor
completes the removal or maintenance as described herein and the work is accepted by
the Director.
_ D. Payment will be made by City within thirty (30) days of receipt of complete and correct
invoices for work completed up to 75%of the not-to-exceed value of this Contract. Final
payment will be made forty-five (45) calendar days from the date of acceptance of the
demolition and removal or maintenance of the structure by City.
12.
INDEMNIFICATION
A. General Indemnification: CONTRACTOR DOES HEREBY
COVENANTS AND AGREES TO AND SHALL INDEMNIFY, REIMBURSE,
HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SUBCONTRACTORS, SERVANTS, EMPLOYEES, AND CONTRACTORS
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FROM AND AGAINST ANY AND ALL LOSSESS, DAMAGES, CAUSES OF
ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES,
WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL
PROPERTY OR PERSONAL INJURY AND/OR DEATH ARISING OUT OF, IN
CONNECTION WITH OR OCCURRING AS A CONSEQUENCE OF THE
PERFORMANCE OF THIS CONTRACT WHEN SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY THE ACTS, OMISSIONS OR NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES OR
SUBCONTRACTORS WHETHER OR NOT SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY CITY'S SOLE NEGLIGENCE OR THE JOINT
NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY. IT IS
THE EXPRESSED INTENTION OF CITY AND CONTRACTOR, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE
CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE
CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY,
a DEATH OR DAMAGE.
B. Environmental Indemnification: CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND
ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND
ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE
HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL,
TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF
J
ASBESTOS CONTAINING MATERIAL WHICH IS HANDLED, DISINTERED
AND/OR REMOVED UNDER THIS CONTRACT, WHEN SAID
ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID
M ENVIRONMENTAL REQUIREMENTS ARE THE RESULT OF ANY ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY.
C. The obligations of the Contractor under this paragraph shall include, but not be limited to,
the burden and expense of defending all claims, suits, and administrative proceedings
(with counsel reasonably approved by the indemnified parties), even if such claims, suits
or proceedings are groundless, false, or fraudulent, and in conducting all negotiations of
any description, and paying and discharging, when and as the same become due, any and
all judgments,penalties or other sums due against such indemnified persons.
D. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder
to indemnify the City, the City shall provide Contractor with reasonable and timely notice.
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E. The obligations of the Contractor under this paragraph shall survive the expiration and
the discharge of all other obligations owed by the parties to each other under this
Contract.
F. In all of its contracts with subcontractors for the performance of any work under this
Contract, Contractor agrees to require the subcontractors to indemnify the City in a
manner consistent with this paragraph.
13.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards, which are presented, to persons, property and the environment by asbestos containing
material in the structure. 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
w compliance with all applicable federal, state and local laws governing its activities and is under
no restraint or order which would prohibit performance of services under this Contract.
14.
BONDS
rA. Contractor shall be required to give the City surety in a sum equal to the amount of the
Contract. Contractor shall be required to furnish a Payment Bond, in the amount of the
Contract, solely for the protection of all claimants supplying labor and materials in the
prosecution of the work. The form of the bond shall be as provided by DEM and the
surety must be acceptable to the City. All bonds furnished hereunder shall meet the
requirements of V.T.C.A., Government Code, Chapter 2253.
B. In order for a surety to be acceptable to the City, (1) the name of the surety shall be
rincluded on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2)
the surety must have capital and surplus equal to ten (10) times the amount of the bond.
The surety must be licensed to do business in the State of Texas. The amount of the bond
rshall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total
capital and surplus. If reinsurance is required, the company writing the insurance must be
authorized, accredited or trusted to do business in Texas.
C. No sureties will be accepted by City, which are at the time in default, or delinquent on
any bonds or which are interested in any litigation against City. Should any surety on the
Contract be determined unsatisfactory at any time by City, notice will be given to the
Contractor to that effect and the Contractor shall immediately provide a new surety
satisfactory to City.
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15.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of any failure to perform under
this Contract, if the failure arises from causes beyond the control and without the fault or
negligence of Contractor.
B. If the failure to perform is caused by the failure of a subcontractor of Contractor to
perform, and if such failure was beyond the control of both the Contractor and the
subcontractor, without their fault or negligence, Contractor shall not be deemed to be in
default unless the subcontracted supplies or services were reasonably obtainable from
other sources.
C. If Contractor fails to begin work on said project and complete said project within the time
specified in Paragraph 9. City shall have the right to take charge of and complete the
work in such a manner as it may deem appropriate. If City exceeds the costs detailed in
Paragraph 11, City may deliver to Contractor a written itemized statement of the total
excess costs, and Contractor shall reimburse City for such excess costs without delay, or
in the City's sole discretion, as reimbursement for said excess costs, City may withhold
from Contractor any monies due or which might become due the Contractor under this
Contract or any other contract with which the Contractor may have with City.
D. Alternatively, if at any time during the term of this Contract the work of Contractor fails
to meet the specifications of the Contract and all exhibits as incorporated herein, City
may notify Contractor of the deficiency in writing. Failure of Contractor to correct such
deficiency and complete the work required under this Contract to the satisfaction of City
within ten (10) days after written notification shall result in termination of this Contract.
All costs and attorneys fees incurred by City in the enforcement of any provision of this
contract shall be paid by Contractor.
E. City may terminate this Contract with or without cause upon thirty (30) days prior written
notice to Contractor, provided that such termination shall be without prejudice to any
other remedy City may have. In the event of termination, any work in progress will
continue to completion unless specified otherwise in the notice of termination. The City
shall pay for any such work in progress that is completed by Contractor and accepted by
City.
F. The remedies provided for herein are in addition to any other remedies available to City
elsewhere in this contract.
16.
RIGHT TO AUDIT
Until the expiration of three (3) years after the final payment under this Contract, the City shall
have access to and the right to examine any directly pertinent books, documents, papers and records
of the Contractor and Guarantor involving transactions relating to this Contract. Contractor further
agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor
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agrees that the City shall, until the expiration of three (3) years after final payment under the
subcontract, have access to papers and records of such subcontractor involving transactions relating
to the subcontract.
17.
MODIFICATION
No modification of the Contract shall be binding on Contractor or City unless such
modification(s) is in writing and signed by authorized persons from both parties.
18.
MINORITY AND WOMEN BUSINESS ENTERPRISES
The City's requirement for M/WBE participation has been waived for these services.
19.
NON-DISCRIMINATION
A. During the performance of this Contract, Contractor agrees not to discriminate against
any employee or applicant for employment because of race, religion, color, sex or
national origin, except where religion, sex or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the Contractor. Contractor
agrees to post in conspicuous places, available to employees and applicants for
a employment, notices setting forth the provisions of the non-discrimination clause.
B. 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.
C. 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.
20.
GOVERNINING LAW
The City and Contractor agree that the validity and construction of this Contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
21.
SEVERABILITY
The provisions of this Contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable such invalidity,
illegality, or unenforceability shall not affect any other provision of this contract, and which
contract shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
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22.
RIGHTS AND REMEDIES NOT WANED
In no event shall the making by City of any payment to Contractor constitute or be
construed as a waiver by 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 City while any such breach or
default exists shall in no way impair or prejudice any right or remedy available to 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
the 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.
23.
VENUE
Venue of any suit or cause of action under this Contract shall lie in Tarrant County,
Texas.
24.
NOTICES
All notices, requests, demands and other communications under this Contract which are
required to be in writing shall be deemed as having been duly given on the date of service, if
served personally on the party to whom notice is to be given, or on the date of mailing, if
mailed to the party to whom notice is to be given, by first class mail, registered or certified,
postage prepaid, and properly addressed as follows:
City: Brian Boerner, Director
Department of Environmental Management
1000 Throckmorton, Fort Worth, TX 76102
Contractor: Jerrold Andrews, Vice President
American Environmental Specialties, Inc.
2219 Webb Lynn Road, Arlington, Texas 76002
25.
ENTIRETY
This Contract, the contract exhibits, and any other documents incorporated by reference
herein contain all the terms and conditions agreed to by 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.
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26.
ASSIGNMENT
Contractor shall not assign, sublet, or transfer its interest in this contract without written
consent of City. Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of the City, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the City and Contractor.
27.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Contract and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
28.
NO THIRD-PARTY BENEFICIARIES
This Contract shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of this
Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts
a
or commitments.
29.
NO JOINT VENTURE, PARTNERSHIP, AGENCY
This Contract will not be construed in any form or manner to establish a partnership,joint
venture or agency, express or implied, nor any employer-employee, borrowed servant or joint
enterprise relationship by and among the parties. The City shall be an independent contractor
and shall be responsible at all times for directing its employees in the course of their duties.
Contractor shall be responsible at all times for directing Contractor's employees in the course of
their duties.
30.
FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this contract,
then the City will immediately notify Contractor of such occurrence and this Contract shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise
available. Provided, however, that this Section 30 is not intended to grant to the City an
independent ground for termination of this agreement separate and apart from any grounds for
termination for non-appropriation or non-availability of funds which would be provided to City
by reason of Tex. Const. Ann. Art. 11, Sec. 5 and 7.
Asbestos O&M Contract 14
CRP20031218vl
r
31.
PARAGRAPH HEADINGS
The paragraph headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Contract.
op
IN WINESS WHEREOF, the City of Fort Worth and Contractor have executed this Contract in
triplicate on this 23rdday of December, 2003.
CITY OF FORT WORTH AMERICAN ENVIRONMENTAL
SPECIALTIES, INC.
By:
!� by Wat n Name: Jerr—old Andrews
Assistant City Manager Title: Vice President
AEST: Corporate Seal:
Gloria Pea on
City Secretary
APPROVED AS TO FORM Witness:
Signature `
Angelica Petruzzelli
Assistan City Attorney Printed Name
(2— 1"'4'--"'y9c
Contract Authorization
/ � 1-I
Date
r
r
Asbestos O&M Connate 15
CRP200312/80
Road l uu� brr:
SUR 4902038
•k,A'Y'MENT S�
THE STATE OF TEXAS
COUNTY OF TA.IZRANT
KNOW ALL NIEN 9Y TBESE FRFSENTS:
That we, American EuviroumemW Specialties, & corporation of MereinafUr
coned Principa4 and American Guarantee & Liability Ins. Company a
corporation organized-and existing dbder'the laws of the State aid fully authoilzed
to traasact business in tete State of Texas,as Surety, are held and firmly bound unto
the City of,Fort 'worth, a m1micipal-corporation, org=kmA and axiqtivE under the
laws of the State of Texas,hereinafter called Owner,In the penal sum of:
EM thousand ( OWO 00} dollars In UwM money of the United States,w be paid
in.Fort Worth,Tarrant County,Texas,for the payment of whish sura well and truly
to be wade, we hereby bind aarsdves, our beim, earecmtmi, aaoanistrators swd
successors,jointly and senraUy,Armly by these presents.
THE CONDMON OF TMS OBLIGATION is such that WhMas the
kOucipal entered into a eerWu co:otract w t'6 the City of Font Worth, the Owner,
dated the 23rcday of December , A.A: 2003 , a Dopy of which It hereto
attached and made of part thereof,for:
rmova4 packaging, transporfotlon and disposaf of asbestos-containing matarfi Y from
City owned facMW4r-
Desfgnated as Project Numb" b 104-()2: A ,r, a copy of which contx'act Is hereto
attached, referred to, and mirde a part hereof ab fully and to the same extent w if
copies at length herein; such project being hecrivafter referred to as the"work."
NOW, THEREFOM if the Principal shaA week ft* and f9jWuJ1y perform the
work in aemrdance with the plans, specifications, and contract documents duruug
the origivaI torn thereof., siDd avy extmalota$ thereof whish may be grobted by the
tlRner, vrith or without notice to the Sartty, and if ho shall sadly all etaims and
demands lucarred ander such conuvice,ntnd Khali fully indemnify and save harmless
the Owner from all costs*ad damages which It way suffer by reason of failure to do
soy and ithall relmbmrae and repay the Owner all mday and expense which the
4vmrr way incur Iu making good sny default, then tura obli;6on shall be void;
otherwise to remain in full force and effect,
2
PPOVIDED nMTMM that if any legal action be filed npon this bondo venue span
ite ka Tar"nt CoPuury,Static of Tmms.
ANDD PIt.O'V'MRID FMT]UR, that tho said Surety, for value received, hereby
stipulates *nd agrea drat no change, extension of tlmae alteration or additi*zt to tb e
terms of the contract or to the work to be performed there=der or the
spOeWcations accomps aylut toe same sban In any wish affect its obliptlon on thb
bosh and It does hereby waf a notice of any inch change, extWOon of tome
atierution or addlMon to the terms of the conUmet or to the work or to the
svedrwat3on&
i IN WTIT ESS WHER1+OF, thU tnamucat is exemted iu tbre.^ c�mrnterpaU each
me o 200 23RD ch sbaH be deemed p orightsl, this the . dory of DECEMBER ,
A.D. •
PMCIPAL
ATTES .
FP $Y; American Environmental
Specialties, Inc.
(Priv 'err old Andrews, Vice President
2219 Webb Lynn Road, Arlington,
(Ad(ress) Texas 76002 (SEAL OF PM(,,II'AL)
American Guarantee & Liability Ins. itne"as to pry
Company Angelica Petruzzelli
Surety.
I
BY: A ST:
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+ i.= a _� ..:o•.::•1.+... .1.'.'. +_+i 1..._ es aL.+.. .rj�tE�.:� .. l.'; 1 .•.i`..a t�lr �_ ....�il ....� y'_ i... ..
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AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
One Liberty Plaza,(31 st Floor),New York,New York,10006
CERTIFIED POWER OF ATTORNEY
APPOINTING INDIVIDUAL ATTORNEY(S)-IN-FACT SUR4902038
KNOW ALL MEN BY THESE PRESENT, That the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, a corporation
created by and existing under the laws of the State of New York with its Executive Offices located in Schaumburg,Illinois, does here by'
nominate,constitute and appoint
Michael J.Friedrich,Maria Gonzalez,William J.Ballay of Bridgeview,IL
Its true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf,during the period
beginning with the date of issuance of the power:Any and all bonds,undertakings,recognizances or other written obligations In the
nature thereof,
and to bind AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY thereby,and all of the acts of said Attorney(s)-in Fact,
pursuant to these presents are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by the
authority of the following By-Law duly adopted by the Board of Directors of the Company which By-Law has not been amended or
rescinded:
Section 2,Article 111.'.-.The president or a vice president in a written instrument attested by a secretary or an assistant secretary
may(a)appoint any person Attorney-in Fact with authority to execute surety bonds on behalf of the company and other formal
underwriting contracts in reference thereto and reinsurance agreements relating to individual policies and bonds of all kinds and
attach the corporate seal...Any such officers may revoke the powers granted to any Attorney-in-Fact."
This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY at a meeting duly Called and held on the 25th day of
March 1992:
"RESOLVED, that the signature of the president or a vice president and the attesting signature of a secretary or an assistant
secretary and the seal of the company may be affixed by facsimile on any Power of Attorney granted pursuant to Section 2 of
article III of the By-Laws,and the signature of a secretary or an assistant secretary and the seal of the company may be affixed by
facsimile to any certificate of any such power. Any such power or any certificate thereof bearing such facsimile signature and seal
shall be valid and binding on the company. Furthermore,any such power so executed and sealed and certified by certificate so
executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the
company.-
IN WITNESS WHEREOF, the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY has caused these presents to be
executed in its name and on its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto duly authorized,
the 31st day of December 2002.
WARNING:This Power of Attomey is printed on paper that deters unauthorized copying or faxing.
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
no
r. y
r,
s 1939
STATE OF L NM �. David A.Bowers Donald Hurzeler
COINTY OFCOOK Secretary Executive Vice President
On this 31st day of December A.D.,2002, before the subscriber, a Notary Public of the State and County aforesaid,duly Notary Public
commissioned and qualified, came the above named vice president and secretary of the AMERICAN GUARANTEE AND LIABILITY
INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument,and they each acknowledged the execution of the same and, being by me duly sworn,they severally and each for himself
deposed and said that they respectively hold the offices in said Corporation as indicated,that the Seal affixed to the preceding instrument
is the Corporate Seal of said Corporation, and that the said Corporate Seal, and their signature as such officers,were duly affixed and
subscribed to the said instrument pursuant to all due corporate authorization.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. -
{ ~— ��
"OFFICIAL SEAL" t)
S LORRAINE JURCY
y Notary PublicCommission
State of Illinois
S (%
S My Commission Expires 12.14�20pf1 S
Notary Public
My Commission Expires 12/14/06
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no
authority to bind the Company except in the manner and to the extent herein stated.
1,the undersigned, a secretary of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, do hereby certify that the
Power of Attomey hereinabove set forth is sfill in full force and effect,and further certify that Section 2 of Article[it of the By-Laws of the
Company and the Resolution of the Board of Directors set forth in said Power 1l 1ttorney are still in fori".testITM11hereof I have
hereunto subscribed my name and affixed the seal of the said Company the Psy of
■canawm ri. -
David A.Bowers
Secretary
Serial number:88789789809302003113411
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
A. Definitions:
1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
2. Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed
and accepted by the governmental entity.
3. Persons providing services on the project ("subcontractor" in §406.096)- includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person
contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner operators, employees
of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling,
�. or delivering equipment or materials, or providing labor, transportation, or other
services related to a project. "Services" does not include activities unrelated to
the project, such as food/beverage vendors, office supply deliveries, and delivery
of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) or all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
�. showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and
provide the governmental entity:
1. A certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
2. No later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
s ITS
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten (10) days after the contractor knew or should have
known„ of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1. Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. Provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the
Contractor:
a.) A certificate of coverage, prior to the other person beginning work on the
project; and
b.) A new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
5. Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
6. Notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person providing services
on the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
8. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by worker's compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the contractor to administrative, criminal, civil penalties or other civil
actions.
9. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
J. The contractor shall post a notice on each project site informing all persons providing
services on the project that they are required to be covered, and stating how a
person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Worker's
Compensation Act or other Texas Worker's Compensation Commission rules. This
notice must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following text,
without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related
to this construction project must be covered by workers' compensation insurance.
This includes persons providing, hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512)440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage".
w
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A_ Labor Code §406.96 (2000), as amended, Contractor certifies that
it provides workers' compensation insurance coverage for all of its employees employed
on City of Fort Worth Department of Environmental Management Project No.
DEM04-02:ACC.
AMERICAN ENVI , NMENTAL
SPECIALTIES, I
By:
Jerrold Andrews, Vice President
Title
12-23-03
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
Jerrold Andrews , known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of American Environmental Specialties, Inc. for the purposes and
consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office this23rd day OfDecember , 2003
Notary kblic in and for the Stqtof
Texas
ANGELICA PETRUZZELLI
'- MY COMMISSION EXPIRES
;€4•`° February 28,2004
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/16/2003
DATE: Tuesday, December 16, 2003
LOG NAME: 52ASBESTOS REFERENCE NO.: **C-19905
SUBJECT:
Award of Annual Contract to American Environmental Specialties, Inc. for Asbestos Abatement
Operations and Maintenance Services
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an annual contract with
American Environmental Specialties, Inc. for asbestos abatement operations and maintenance services at a
total cost not to exceed $50,000. This agreement will be for the period January 1, 2004, through December
31, 2004, with two successive one-year terms at the City's option.
DISCUSSION:
The City has a number of facilities that have material containing asbestos. Often, maintenance operations
at these facilities require the disturbance and/or removal of a portion of the material containing asbestos.
Federal and state laws require that only trained and licensed individuals perform asbestos
disturbance/removal procedures associated with such work.
It should be noted that this contract covers only small-scale asbestos removal/repair services required
because of City maintenance and operations procedures. Any large scale asbestos remediation required
because of potential health hazards or major building renovations would still be contracted for on a case-
by-case basis.
The Environmental Management Department is recommending that the City enter into an annual contract
with an approved asbestos abatement contractor to provide the required operations and maintenance
asbestos services on a per unit cost basis.
This agreement may be renewed for up to two (2) successive one year terms at the City's option. Renewal
may be effected by notice in writing by the City Manager or his designated representative to the contractor
within 30 days of the expiration of the prior term and does not require specific City Council approval,
provided that the City Council has appropriated sufficient funds to satisfy the City obligations during the
renewal term.
In October 2003, the Environmental Management Department issued a Request for Proposal (RFP) for the
furnishing of all labor, materials, and equipment necessary for performing the removal of asbestos in City-
owned facilities. The RFP was advertised in the Commercial Recorder on October 23 and 30,
2003. Responses were received from the following twelve (12) companies on November 13, 2003:
AAR, Inc. Horsley Specialties, Inc.
American Environmental Specialties HP EnviroVision
ARC Abatement, Ltd. Inca Sol Environmental Services, Inc.
1 ,,,,,,.,, - <)ecRr;cme n___
ATMS, Inc. Mid South Environmental of Texas
CST Environmental Services, Inc. North Star Abatement Corporation
Cactus Systems, Inc. UAS Flooring Automation Systems, Inc.
Responses were evaluated on a predetermined combination of qualitative and quantitative (point)
measures to determine the recommendation for award of contract. These measures included evaluation of
such factors as legal record, experience, qualifications, performance records, cost, and references. Based
on the total point distribution of those measures, staff recommends the award to American Environmental
Specialties, Inc.
Based upon prior usage experience of services required, a not-to-exceed amount has been set at $50,000.
A waiver of the M/WBE requirements was requested by the department and approved by the M/WBE
Office because the purchase of services is from sources where subcontracting and supply opportunities
are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Environmental Management Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 539410 0524106 $50,000.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner (8079)
Additional Information Contact: Brian Boerner (8079)