HomeMy WebLinkAboutContract 29449 CITY SECRETARY
CONTRACT NO. ORIGINAL
CONTRACT
BETWEEN
CITE' OF FORT WORTH
AND
- AMERICAN ENVIRONMENTAL,ONMENTAL SPECIALTIES, INC
P O}ECT ## DE :04-0 116-10
FOR
_ REMOVAL, TRANSPORTATION ANIS
DISPOSAL +CSF AS13E TOS CONTA! NINI �
MATERIAL AT M ACHAM INTERNATIONAL
AIRPORT HANGAR: -10 NORTH �
S
Jaiivary 9, '210 04
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/6/2004 - Ordinance No. 15814
DATE: Tuesday, January 06, 2004
LOG NAME: 551EC MEA REFERENCE NO.: **C-19921
SUBJECT:
Approval of Contract with American Environmental Specialties, Inc. for Asbestos Abatement
Services at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with American Environmental Specialties, Inc. for
asbestos abatement services in Hangars 6-1 ON at Fort Worth Meacham International Airport; and
2. Approve the transfer of $27,655.00 in undesignated funds in the Environmental Management Fund to
the Environmental Management Project Fund; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Environmental Management Project Fund by$27,655.00.
DISCUSSION:
On June 10, 2003 (M&C L-13578), the City Council authorized the City Manager to execute an Improved
and Unimproved Ground Lease (City Secretary Contract No. 29135) with mandatory improvements with
IEC International, Inc. (IEC) for 301,190 square feet of improved land and 50,550 square feet of
unimproved land at Fort Worth Meacham International Airport.
IEC proposed to demolish Hangars 6-1 ON to allow for construction of four 30,000 square foot hangars and
associated ramp areas. IEC is planning to begin demolition work in January 2004. Under the lease, the
City is responsible for the abatement of exisiting environmental issues prior or demolition of the hangars,
including the abatement of asbestos.
All regulated asbestos-containing materials located in Hangars 6-1 ON must be removed prior to demolition
of the structures in order for the City to be in compliance with state and federal regulations for demolition.
Proposals were received December 4, 2003, from the following firms:
American Environmental Specialties, Inc. $27,654.75
Inca-Sol Environmental Services, Inc. $29,000.00
ATMS, Inc. $47,650.00
HP EnviroVision $48,690.00
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 refer-
Logname: 55IEC MEA Page I of 2
ences. Based on the total point distribution of those measures, staff recommends award of the contract for
asbestos abatement services in Hangars 6-1 ON to American Environmental Specialties, Inc.
The contract is exempt from the provisions of Chapter 252 of the Texas Local Government Code because
it is a "procurement necessary to preserve or protect the public health or safety of the municipality's
residents".
American Environmental Specialties, Inc. is in compliance with the City's M/WBE Ordinance by committing
to 10% M/WBE participation. The City's goal on this project is 10%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
the Environmental Management Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
R101 539120 052200402000 $27-655.00 R103 538070 0521100 $27,655.00
R101 472013 052200402000 X27,655.00 R101 539120 052200402000 $27,655-00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Mike Feeley (Acting) (5403)
Additional Information Contact: Brian Boerner(8079)
Logname: 55IEC MEA Page 2 of 2
STATE OF TEXAS § CITY OF FORT WORTH
COUNTY OF TARRANT §
CONTRACT FOR REMOVAL OF ASBESTOS CONTAINING MATERIALS AT
MEACHAM INTERNATIONAL AIRPORT HANGARS 6-10 NORTH
THIS Contract is entered into by and between the City of Fort Worth, Texas, a home-
rule municipality located within Tarrant County Texas, ("City"), acting through Libby
Watson, its duly authorized assistant city manager, and American Environmental
Specialties, Inc., a Tcis3m corporation, acting through Jerrold Andrews its
duly authorized preaMm /vice-president ("Contractor').
Oklahoma
WHEREAS, the City desires to conduct a project to remove and dispose of asbestos
containing materials from hangers 6-10 North at Meacham International Airport, 212-
224 Citation Drive, Fort Worth, Texas; and
WHEREAS, the City desires to hire a professional firm knowledgeable and experienced
in conducting such asbestos removal, transportation, disposal; and
WHEREAS, the Contractor has represented that it is knowledgeable and experienced in
conducting such an asbestos removal, transportation and disposal project.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
1.
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows;
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.
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 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's Representative means the Director of Environmental Management, or the
Director's designee.
Contract Documents shall mean this document, the Technical Specification attached as
exhibit "A", the Contractor's Response to the Request for Proposals for Project
(DEM:04-03:MH6-10) attached as exhibit "B" and all ancillary documents.
Contractor shall mean American Environmental Specialties, Inc.
Director shall mean the Director of the City of Fort Worth's Environmental Management
Department.
NESHAP shall mean the United States Environmental Protection Agency National
Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61.
Notice to Proceed means the letter issued by the City that authorizes Contractor to
begin work. It also authorizes future invoices to be paid.
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 II 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 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.
Substantial Completion means the date when the removal is sufficiently completed in
accordance with the Contract Documents, as modified by any change orders agreed to
by the parties, so that the City can occupy the project or specified area of the project for
the use for which it was intended.
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 2
2.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor shall furnish all labor, materials and equipment necessary for the
removal, transportation and disposal of asbestos containing materials at 6-10
North at Meacham International Airport, 212-224 Citation Drive, Fort Worth,
Texas.
B. Contractor shall follow and abide by The Texas Asbestos Health Protection Act in
the Texas Occupations Code, Chapter 1954.
C. Contractor shall perform, in a good and professional manner, the services
contained in this Contract.
D. The scope of work includes the removal, transportation and disposal of the
following asbestos-containing materials and asbestos contaminated materials in
accordance with all Federal, State, and local rules and regulations:
1. Approximately 4,190 ft2 of spray-applied ceiling /surfacing texture in the office
areas on both the first and second levels of Hangars 6N and 7N. All removed
spray-applied ceiling/surfacing texture is to be disposed of as asbestos-
containing material. All spray-applied ceiling/surfacing texture removal is to
be completed within a full negative pressure containment, and all debris
generated from the removal is to be disposed of as asbestos-containing
waste.
2. Approximately 13,990 ft2 of joint compound on finished sheetrock walls and
ceilings in the office areas on both the first and second levels of Hangars 6N,
7N, and 9N. All removed joint compound is to be disposed of as asbestos-
containing material. All joint compound removal is to be completed within a
full negative pressure containment, and all debris generated from the removal
is to be disposed of as asbestos-containing waste.
3. Approximately 1,035 ft2 of floor tile and associated black mastic located in
Hangars 6N, 7N, 9N, and 1 ON. All removed floor tile is to be disposed of as
asbestos-containing material. All floor tile removal is to be completed within a
full negative pressure containment, and all debris generated from the removal
is to be disposed of as asbestos-containing waste.
E. Contractor shall work with City Representative to determine which materials may
be cleansed and disposed of as non-asbestos contaminated material. Such
items may include ceiling grid, ceiling titles, and light fixtures.
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 3
F. Contractor shall take all precautions to protect and preserve the operational
status of the hangers, including but not limited to existing telephone, electrical,
fire sprinkler, plumbing, HVAC system and lighting.
G. Contractor shall comply with all terms and specification as listed and descried in
the Technical 'Specification attached as exhibit "A".
H. Contractor agrees that it has and will maintain during the term of this Contract,
current and appropriate federal, state, and local licenses and permits to perform
the services contained in this Contract. In addition, Contractor agrees to require
all of its subcontractors used to perform this Contract to have and maintain
current and appropriate federal, state and local licenses and permits to perform
the services in this Contract.
I. Contractor certifies that it has and will maintain, during the term of this
Agreement, the required insurance listed in Section 6 during the term of this
Agreement.
J. Contractor agrees that if, during the performance of this Contract, a change or
modification is needed in the contract, Contractor shall notify City and comply
with all requirements set forth in Section 25 "Modification."
K. 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.
3.
SCOPE OF CITY SERVICES
A. City shall coordinate with facilities, City departments, and any tenants for access
to the site;
B. City shall give timely direction to the Contractor; and
C. City shall render decisions regarding modifications to the contract and any other
issue.
4.
TIME TO START AND TO COMPLETE THE PROJECT
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 4
Contractor agrees to begin work within five (5) days of when the Notice to Proceed is
issued to Contractor and to complete all phases of the work within twenty-one (21) days
from the date of commencement.
5.
COMPENSATION
A. In consideration for the work performed by Contractor under this Contract, City
shall pay Contractor a sum not to exceed $27,654.75. The City shall not be
liable for any of Contractor's costs in excess of the Not-to-Exceed Amount unless
the City has signed and issued a formal Modification to the Contract.
B. The unit prices for the removal and disposal of asbestos as well as the employee
labor rates shall be as described in Section 2.5 of the Contractor's Proposal,
attached herein.
C. Contractor understand and agrees that claims for additional compensation due to
variations between conditions actually encountered in the project and as
indicated in the Contract Documents will not be allowed unless the Contractor
can clearly show to City, as determined in the sole discretion of City, why the
variation was not identifiable prior to executing this Contract.
D. The City agrees to pay Contractor within thirty (30) days after receipt of correct
invoices, except as provided in Section 7 "Indemnification," subsection H.
E. Contractor acknowledges that payment will not be rendered by City unless
Contractor completes the removal of asbestos as described herein and the work
is accepted by the Director.
F. Periodically during the performance of this Contract, the Contractor's Project
Manager shall inform the City's representatives of his/her best estimate of the
expenses incurred to that time. In the event that the estimate approximates the
"not to exceed" price, Contractor shall prepare to cease its operations unless and
until the contract is amended and an authorized representative of the City directs
Contractor to perform additional work.
G. Contractor shall receive no compensation for delays or hindrances to the work,
except when direct and unavoidable extra cost to Contractor was caused by
City's failure to provide information, if any, which itis required to do. When extra
compensation is claimed, a written statement thereof shall be presented to the
City.
Contract for Removal of
Asbestos CRP 01.07.04v2 Page
H. In the event that actual expenditures may result in a total cost in excess of the
Not-to-Exceed Amount, Contractor must submit a Modification to the contract in
accordance with Section 24.
6.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as
detailed below and will maintain it throughout the term of this contract. Prior to
commencing work, the Contractor shall deliver to City, certificates documenting
this coverage. The City may elect to have the Contractor submit its entire policy
for inspection.
A. WORKERS' COMPENSATION INSURANCE: Contractor shall maintain,
during the term of this Contract, Workers' Compensation Insurance at
statutory limits on all of its employees to be engaged in work under this
Contract, and for all Subcontractors. Employer's Liability (EL) Insurance
shall also be maintained, at minimum limits as follows: One Hundred
Thousand Dollars ($100,000) disease each employee, Five Hundred
Thousand Dollars ($500,000) disease policy limit and One Hundred
Thousand Dollars ($100,000) each accident.
B. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and
shall maintain during the term of this Contract a Commercial General
Liability Insurance Policy at a minimum limits of One Million Dollars
($1,000,000) per occurrence with an aggregate of Two Million Dollars
($2,000,000).
C. PROFESSIONAL LIABILITY INSURANCE: Contractor shall procure and
shall maintain during the term of this Contract Professional Liability
Insurance at a minimum of One Million Dollars ($1,000,000) per
occurrence.
D. AUTOMOBILE INSURANCE: Contractor shall procure and maintain
during the term of this Contract Comprehensive Automobile Liability
Insurance covering all Vehicles involved with Contractor's operations
under this Contract. The minimum limits of liability coverage shall be in the
amount of One Million Dollars ($1,000,000) per accident combined single
limit, or Five Hundred Thousand Dollars ($500,000) bodily injury - per
person per occurrence and Two Hundred Fifty Thousand Dollars
($250,000) property damage during the effective dates of Contract and
any renewal period. The named insured and employees of Contractor
shall be covered under this policy. The City of Fort Worth shall be named
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 6
an Additional insured on Endorsement TE 9901 or equivalent, as its
interests may appear. Liability for damage occurring while loading,
unloading and transporting materials collected under the Contract shall be
included under this policy.
E. The following shall pertain to all applicable policies of insurance (A.
through D.) listed above:
1. Additional Insured Clause: "The City of Fort Worth, its officers, agents,
employees, and representatives are added as additional insureds as
respects operations and activities of, or on behalf of the named insured,
performed under Contract with the City of Fort Worth." Exception... the
additional insured requirement does not apply to Workers' Compensation
policies
2. Subcontractors shall be covered under the Contractor's insurance
policies or they shall provide their own insurance coverage; and, in the
latter case, documentation of coverage shall be submitted to the
Contractor prior to the commencement of work and the Contractor shall
deliver such to the City. Prior to commencing work under this Contract, the
Contractor shall deliver to the City of Fort Worth insurance certificate(s)
documenting the insurance required and terms and clauses required.
3. Each insurance policy required by this Contract shall contain the
following clauses: "This insurance shall not be canceled, limited in scope
or coverage, or non-renewed until after forty-five (45) Days prior written
notice has been given to the Director of Environmental Management, City
of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note:
Written notice can be by Contractor or insurance company.
4. The insurers for all policies must be licensed/approved to do business
in the State of Texas. Except for workers' compensation, all insurers must
have a minimum rating of A: VII in the current A. M. Best Key Rating
Guide or have reasonably equivalent financial strength and solvency to
the satisfaction of Risk Management. If the rating is below that required,
written approval of Risk Management is required.
5. The deductible or self-insured retention (SIR) affecting the coverage
required shall be acceptable to and approved in writing by the Risk
Manager of the City of Fort Worth in regards to asset value and
stockholders equity. In lieu of traditional insurance, alternative coverage
maintained through insurance pools or risk retention groups must be also
approved by the City's Risk Manager.
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 7
6. Waiver of rights of recovery (subrogation) in favor of the City of Fort
Worth.
7. Such insurance policies shall be primary, without right of contribution
and not subject to any offset by any other insurance carried by the City or
the Contractor.
8. If insurance policies are not written for specified coverage limits, an
Umbrellas or Excess Liability insurance for any differences is required.
Excess Liability shall follow form of the primary coverage.
9. "Unless otherwise stated, all required insurance shall be written on the
"occurrence basis". If coverage is underwritten on a claims-made basis,
the retroactive date shall be coincident with or prior to the date of the
contractual agreement and the certificate of insurance shall state that the
coverage is claims-made and the retroactive date. The insurance
coverage shall be maintained for the duration of the contractual
agreement and for five (5) years following completion of the service
provided under the contractual agreement or for the warranty period,
whichever is longer. An annual certificate of insurance submitted to the
City shall evidence such insurance coverage.
10. The City, at its sole discretion, reserves the right to review the
insurance requirements and to make reasonable adjustments to insurance
coverages and their limits when deemed necessary and prudent by the
City based upon changes in statutory law, court decision or the claims
history of the industry as well as of the contracting party to the City of Fort
Worth. In the event the City requires the insurance limits to be increased
or changes in policy categories or types of coverage, the City shall provide
written notice to the contracting party. The contracting party will have
ninety days from the date of notice to comply with the additional
requirements.
11. The City shall be entitled, upon request and without expense, to
receive copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modifications of particular
policy terms, conditions, limitations, or exclusions except where policy
provisions are established by law or regulations binding upon either of
party or the underwriter on any such policies.
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 8
7.
INDEMNIFICATION
A. For purposes of this contract, the following words and phrases shall be defined
as follows:
1. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens, costs, and expenses of investigation and defense of any claim,
whether or not such claim is ultimately defeated, and of any good faith
settlement or 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 handling,
collection, transportation, storage, disposal, treatment, recovery, and/or
reuse of asbestos containing materials pursuant to this contract, or the
existence of a violation of environmental requirements pertaining to, and
including without limitation:
a. Damages for personal injury and death, or injury to property or
natural resources;
b. Fees incurred for the services of attorneys, consultants,
contractors, experts, laboratories and all other costs in connection
with the investigation or remediation of such wastes or 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 wastes or violations of 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 this
Agreement.
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, ordinances, codes, licenses, permits, orders,
approvals, plans, authorizations, concessions, franchises, and similar
items, of all governmental agencies, departments, commissions, boards,
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 9
bureaus, or instrumentalities of the United States, states, and political
subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of
human health or the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, investigation, and remediation of
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, stormwater, or
land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants,
contaminants, or hazardous or toxic substances, materials, or
wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and
safety of employees or the public.
B. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AND AUSTIN
COMMERICIAL, INC., ITS OFFICERS, AGENTS, EMPLOYEES AND
VOLUNTEERS, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS,
SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO
ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL
INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE
PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR
DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR,
ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE
OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY
OTHER PERSON OR ENTITY.
C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AND
AUSTIN COMMERICIAL, INC., ITS OFFICERS, AGENTS, EMPLOYEES AND
VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND
THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION,
TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR
REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS
PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS
CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE
Contract for Removal of
Asbestos CRP 01.07.04v2 ��
VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE 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.
D. The obligations of the Contractor under this section shall include, but not be
limited to, the burden and expense of defending all claims, suits and
administrative proceedings (with counsel reasonably approved by City), even if
such claims, suits or proceedings are groundless, false, or fraudulent, and
conducting all negotiations of any description, and paying and discharging, when
and as the same become due, any and all judgments, penalties or other sums
due against such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability that Contractor is required
hereunder to indemnify City, City shall provide Contractor with reasonably timely
notice of same.
F. The obligations of the Contractor under this section shall survive the expiration of
this Agreement and the discharge of all other obligations owed by the parties to
each other hereunder.
I. In all of its contracts with subcontractors for the performance of any work under
this contract, Contractor shall require the subcontractors to indemnify the City in
a manner consistent with this section.
J. In the event that a written claim for damages against Contractor or any of its
subcontractors remains unsettled at the time all work on the project has been
completed to the satisfaction of the City Manager, as evidenced by a final
inspection, final payment to Contractor shall not be recommended by the City
Manager for a period of thirty (30) days after the date of such final inspection,
unless the Contractor submits written evidence satisfactory to the City Manager
that the claim has been settled and a release has been obtained from the
claimant involved.
1. If the claim concerned remains unsettled at the expiration of the said thirty-
day period, out of the performance of such work.
2. The City Manager shall not recommend final payment to Contractor if a
claim for damages is outstanding for a period of six months following the
date of the acceptance of the work performed unless the Contractor submits
evidence in writing, satisfactory to the City Manager, that:
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 11
a. The claim has been settled and a release has been obtained from the
claimant involved; or
b. Good faith efforts have been made to settle such outstanding claims,
and such good faith efforts have failed.
3. If condition (a) above is met at any time within the six-month period, the City
Manager shall recommend that the final payment to Contractor be made. If
condition (b) above is met at any time within the six-month period, the City
Manager may recommend that final payment to Contractor be made. At the
expiration of the six-month period, the City Manager may recommend that
final payment be made if all other work has been performed and all other
obligations of the Contractor have been met to the satisfaction of the City
Manager. The Contractor may be deemed by the City Manager to be
entitled to a semi-final payment for work completed, such semi-final
payment to be in an amount equal to the total dollar amount then due less
the dollar value of any written claims pending against the Contractor arising
8.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards that are present to persons, property and the environment by removing,
transporting and disposing of asbestos containing materials. 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, local and federal laws governing its activities. Contractor also warrants that it is
under no restraint or order that would prohibit performance of services under this
�. Contract.
9.
�• LICENSES AND PERMITS
A. Contractor certifies that on the day work is to commence under this Contract, and
during the duration of the Contract, it shall have and maintain current valid and
appropriate federal, state and local licenses and permits necessary for the
provision of services under this contract.
B. Contractor agrees to require all of its subcontractors used in performance of this
Contract to have and maintain current valid and appropriate federal, state and
local licenses and permits necessary for the provision of services under this
contract.
Contract for Removal of
Asbestos CRP 01.07.04v2 Page 12
10.
TERMINATION
A. City may terminate this Contract, with or without cause, by giving 10 days written
notice to Contractor, provided that such termination shall be without prejudice to
any other remedy the City may have. In the event of termination, any work in
progress will continue to completion unless specified otherwise in the notice of
termination.
B. If the City terminates this Contract under subsection A. of this section, City shall
pay contractor for all services performed prior to the termination notice.
C. All completed or partially completed original documents prepared under this
Contract shall become the property of the City when the Contract is terminated,
and may be used by the City in any manner it desires; provided, however, that
the Contractor shall not be liable for the use of such documents for any purpose
other than as described when requested.
11.
DEFAULT
A. Contractor shall not be deemed to be in default because of any failure to perform
under this Agreement, if the failure arises from causes beyond the control and
without the fault or negligence of Contractor. Such causes shall include acts of
God, acts of the public enemy, acts of Government, in either its sovereign or
contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather.
B. If the failure to perform is caused by the failure of a subcontractor of Contractor's
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. Alternatively, if at any time during the term of this Contract the work of Contractor
fails to meet the specifications of the Contract Documents, City may notify
Contractor of the deficiency in writing. Failure of Contractor to correct such
deficiency and complete the work required under this Contract to the satisfaction
of City within ten (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.
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D. In the event either party defaults in the performance of any of its obligations
under this Contract, misrepresents to the other a material fact, or fails to notify
the other party of any material fact which would affect the party's performance of
its obligations hereunder, the non-defaulting party shall have a right to terminate
this Agreement upon giving the defaulting party written notice describing the
1 breach or omission in reasonable detail. The defaulting party shall have a fifteen
(15) day period commencing upon the date of notice of default in which to affect
a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15)
day period, or if the default cannot be cured, the contract shall terminate as of the
date provided in the notice of default.
E. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this Contract.
# 12.
RIGHT TO AUDIT
A. City shall, until the expiration of five (5) years after final payment is paid under
this Contract, have access to and the right to examine any directly pertinent
books, documents, papers and records of Contractor involving transactions
related to this Contract. Contractor shall give City access during normal working
hours to all necessary Contractor facilities in order to conduct audits in
compliance with the provisions of this paragraph. City shall give Contractor
reasonable advance notice of intended audits.
B. Contractor shall include in all its subcontracts hereunder a provision to the effect
that the subcontractor shall give City, until the expiration of five (5) years after
final payment is paid under the subcontract, access to and the right to examine
any directly pertinent books, documents, papers and records of such
subcontractor involving transactions to the subcontract, and further, that City
shall have access during normal working hours to all appropriate work space, in
order to conduct audits in compliance with the provisions of this paragraph. City
shall give subcontractor reasonable advance notice of intended audits.
C. The obligations of the Contractor under this section shall survive the expiration of
this Contract and the discharge of all other obligations owed by the parties to
each other hereunder.
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s
13.
MINORITY AND WOMEN BUSINESS ENTERPRISES
In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance,
Contractor agrees a minimum of ten percent (10%) of the total dollar value of this Contract will
be paid as compensation to certified MWBE firms. Monthly reporting is required to the City of
Fort Worth — M/WBE Office, 1000 Throckmorton Street, Fort Worth, Texas 76102. Proof of
payment for all invoices from MWBE firms will be required. Final payment to the Contractor
under this Contract may be withheld pending MWBE Office approval of documentation.
14.
INDEPENDENT CONTRACTOR
Contractor shall perform work under this Contract as an independent contractor
and not as an agent or employee of City. City shall not be considered the employer, co-
employer or joint employer of the officers, employees or agents of Contractor.
Contractor shall have the sole control, supervision, direction and responsibility over its
officers, employees and agents and shall have the sole responsibility for determining
the manner and means of providing the work described in this contract, except as
outlined in this contract or as otherwise required by federal, state, county or city law,
regulation or rule.
15.
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 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.
16.
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GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
17.
LIQUIDATED DAMAGES
If Contractor fails to commence and complete work under this Contract within the
stipulated time, there shall be deducted from any moneys due or owing Contractor, or
which may become due, the sum of $ 1,000.00 per day for each day after the date the
project was to be completed, until the project is substantially completed. Such sum
shall be treated as liquidated damages and not as a penalty, and City may withhold
from Contractor's compensation such sums as liquidated damages. The amount of
damage to City for delay in completion of the work is difficult to ascertain and the
amount of the liquidated damages per day as stated above is reasonably anticipated
pecuniary damages for such delay, and is not a penalty.
18.
BONDS
A. Contractor shall upon entering into a Contract with the City shall submit to the
City surety in a sum equal to the amount of the Contract in form acceptable to the
City.
B. Contractor shall also submit 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.
C. The form of the bonds shall be as herein provided and the surety shall be
acceptable to the City. All bonds furnished hereunder shall meet the
requirements of Chapter 2253 of the Texas Government Code, as amended.
D. In order for a surety to be acceptable to the City, (1) the name of the surety shall
be included on the current U.S. Treasury List of Acceptable Sureties (Circular
870), or (2) the surety must have capital and surplus equal to ten times the
amount of the bond. The surety must be licensed to do business in the State of
Texas. The amount of the bond shall 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 reinsurance must be authorized, accredited or
trusteed to do business in Texas. The City, in its sole discretion, will determine
the adequacy of the proof required herein.
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E. No sureties will be accepted by the City that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the City.
Should any surety on the contract be determined unsatisfactory at any time by
the City, notice will be given to the Contractor to that effect and the Contractor
shall immediately provide a new surety satisfactory to the City.
19.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by
either party of any provision or condition of the contract shall not be construed or
decreed to be a waiver of any other provision or condition of this Contract, nor a waiver
of a subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
20.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract
without written consent of the City. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
21.
NOTICE
Notices required to be made under this Contract shall be sent to the following persons
at the following addresses; provided, however, that each party reserves the right to
change its designated person for notice, upon written notice to the other party of such
change:
If to City:
Written notice shall be sent to:
Contract for Removal of
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!Fall
Brian Boerner, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
If to Contractor: American Environmental Specialties, Inc.
Name: Jerrold Andrews, Vice President
Address: 2219 Webb Lynn Road
Arlington, Texas 76002
Telephone: 817-417-4591 FAX: 817-417-4589
22.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and
conditions of this contract, venue for said action shall be in Tarrant County, Texas.
23.
SEVERABILITY
The provisions of this Contract are severable; and if for any reason any one or
more of the provisions contained herein are held to be invalid, illegal or unenforceable in
any respect, the invalidity, illegality or unenforceability shall not affect any other
provision of 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.
24.
ENTIRETY
This Contract, the Contract documents and any other documents incorporated by
reference herein 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.
25.
MODIFICATION
No modification of the Contract shall be binding on Contractor or City unless set out in
writing and signed by both parties.
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This Contract has been executed by the parties in triplicate in Tarrant County,
Texas on this date, January 12 _' 2004.
r.
Ci Fort W rt American E v onmental Specialties, Inc.
ibby Wa On, Asst. City Manager BY: Jerr yews, Vice President
APPROVED AS TO FORM WITNESS:
_
AssistAt City Attorn Name: Angelica Petruzzell
Title: Admin Assistant
ATT ST: CORPORATE SEAL:
Gloria Pearso ity Secretary
Contract Author' zat*
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mate
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