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Contract 46403
CITY SECRETARY CONTRACT NO.CONTRACT F Between CITY OF FORT WORTH And 1 PRIORITY ENVIRONMENTAL SERVICES, INC. For REMOVAL, PACKAGING, TRANSPORTATION, AND DISPOSAL OF ASBESTOS-CONTAINING MATERIALS FROM THE GENERAL TERMINAL BUILDING MEACHAM INTERNATIONAL AIRPORT 4201 NORTH MAIN STREET FORT WORTH, TEXAS . Project #: ENV 15-02: MIA Transportation & Public Works Department Environmental Management Division JANUARY 2015 E�R&WO RLkol—, . b-6i FEB 09 2015$E RRTpRY City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/6/2015 - Ordinance Nos. 21601-01-2015 & 29602-01- 2015 DATE: Tuesday, January 06, 2015 REFERENCE NO.: **C-27139 LOG NAME: 20MEACHAM TERMINAL ACM REMOVAL SUBJECT: Authorize Execution of a Contract with 1 Priority Environmental Services, Inc., in the Amount of $379,646.90 for Removal, Transportation and Disposal of Asbestos Containing Materials from the General Terminal Building at Meacham International Airport and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated appropriations in the Environmental Protection Operating Fund in the amount of$379,647.00 and decreasing the unaudited, unassigned fund balance by the same amount; 2. Authorize the transfer of$379,647.00 from the Environmental Protection Operating Fund to the Environmental Protection Project Fund; 3.'Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Protection Project Fund in the amount of$379,647.00; and 4. Authorize City Manager to execute a contract with 1 Priority Environmental Services, Inc., for asbestos abatement services in the General Terminal Building at Fort Worth Meacham International Airport in the amount of$379,646.90. DISCUSSION: On May 11, 2010, (M&C C-24215) the City Council authorized the execution of an Architectural Services Agreement with Hahnfeld, Hoffer and Stanford to begin schematic design to renovate and expand the General Terminal Building at Fort Worth Meacham International Airport. The design for the renovation has been completed and bids have been received for the construction. As part of the renovation, all regulated asbestos-containing materials located in the General Terminal Building must be removed prior to renovating the structure, in order for the City to be in compliance with state and federal regulations related to asbestos-containing materials in City-owned property. The General Terminal Building contains approximately 35,000 square feet of asbestos-containing sheetrock and joint compound in the ceilings and walls, approximately 26,000 square feet of asbestos containing floor tile and/or mastic, approximately 260 linear feet of HVAC duct mastic, approximately 10,000 square feet of spray-on fireproofing, and approximately 20,000 square feet of exterior surfacing material on columns and soffits. Under State of Texas rules, the City is required to contract with a firm Logname: 20MEACHAM TERMINAL ACM REMOVAL Pagel of 2 licensed by the Texas Department of State Health Services to perform the asbestos removal, packaging, transportation and disposal. A Request for Competitive Sealed Proposals from Asbestos Abatement firms was advertised in the Fort Worth Star-Telegram on October 22, 2014, October 26, 2014 and October 29, 2014. Five Asbestos Abatement firms submitted sealed proposals on November 13, 2014. 1 Priority Environmental Services, Inc., was the only responsive bidder that met all the regulatory requirements. Their bid was $379,646.90. Transportation and Public Works (TPW), Environmental Management Division will oversee this asbestos removal project for TPW-Architectural Services. M/WBE Office - 1 Priority Environmental Services, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation for this project. The project is physically located in COUNCIL DISTRICT 2, but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the Environmental Protection Operating Fund, and in the current capital budget, as appropriated, of the Environmental Protection Project Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1) R103 538040 0201100 $379,647.00 2) R103 538040 0201100 $379,647.00 2 3) R101 476103 0201100 $379.647.00 4) R101 539120 020215001000 $379.646.90 3) R101 539120 020215001000 $379.647.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Oria_inatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael A. Gange (6569) ATTACHMENTS 1. 11-19-14 MBE Compliance Memo for 1 Priority.pdf (CFW Internal) 2. 20MEACHAM TERMINAL ACM REMOVAL R101 A015.docx (Public) 3. 20MEACHAM TERMINAL ACM REMOVAL R103 A015.docx (Public) 4. MeachamTerminalMnC Nov2014.pdf (Public) 5. R103 Fund Balance 111214.pdf (CFW Internal) 6. SAM.pdf (CFW Internal) Logname: 20MEACHAM TERMINAL ACM REMOVAL Page 2 of 2 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR REMOVAL, TRANSPORTATION, AND DISPOSAL OF ASBESTOS CONTAINING MATERIALS ENV 15:02: MIA 4201 NORTH MAIN STREET FORT WORTH, TEXAS This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant County Texas, ("City") acting through Fernando Costa, its duly authorized Assistant City Manager, and 1 Priority Environmental Services, Inc. ("Contractor"), acting through Gary Caldwell, its duly authorized President and CEO. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: DEFINITIONS In this contract, the following words and phrases shall be defined as follows: City's Representative means the Assistant Director of Transportation and Public Works, . Environmental Management Division, or his designee. Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include, but are not limited to this contract, Minority/Women Business Enterprise (M/WBE) goals or waivers, all bid documents, the Request for Proposals, Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), change orders, any contract amendments and the payment, CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 1 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. performance and maintenance bonds, or other such similar documents. The Contract Documents shall also include any and all supplemental agreements approved by the City which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part -� 61. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Subcontract means a contract between the Contractor for this project and another -- person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. Universal Waste means any of the following hazardous wastes that are subject to the universal waste requirements identified in 30 TAC 335.261: (i) batteries, as described in 40 CFR 273.2 (ii) pesticides, as described in 40 CFR 273.3 (iii) mercury-containing equipment, including thermostats, as described in 40 CFR 273.4 (iv) paint and paint-related waste, as described in 335.262(b) of this title (relating to Standards for Management of Paint and Paint-Related Waste) and (v) lamps, as described in 40 CFR 273.5 2. SCOPE OF CONTRACTOR'S SERVICES A. The scope of work shall include the furnishing of all labor, materials and equipment necessary to complete the work specified in Attachment A. B. Contractor shall perform, in a good and professional manner, the services contained in this Contract and in accordance with all applicable federal, state, and local laws, directives, and guidelines. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: r A. City shall coordinate with facilities, City departments, and any tenants for access to the site. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page Z of Zi ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES,INC. B. City shall prepare and revise all notifications necessary to the Texas Department of State Health Services (DSHS) for the work provided herein. C. City shall make payment of all applicable DSHS fees. D. City shall give timely direction to the Contractor. E. City shall render decisions regarding modifications to the Contract and any other issue. 4. TIME TO COMPLETE THE PROJECT Contractor will be responsible for coordinating with the Transportation & Public Works Department — Environmental Management Division immediately after receipt of the Notice to Proceed which shall specify the start date of abatement activities. The purpose of the coordination will be assure compliance with the requirements for notification to the Texas Department of State Health Services (DSHS). Contractor shall begin abatement work on a specific date as specified in the Notice to Proceed, which corresponds to the DSHS notification. Contractor shall complete all work within the time specified in the Notice to Proceed unless an extension of time is granted in writing due to inclement weather, with any such determination being made in the sole discretion of the City of Fort Worth. A working day is defined as each day exclusive of Saturday, Sunday, and declared holidays as designated by the City of Fort Worth. If a stop work order is issued by the City, the number of working days shall be tolled until the day the Contractor receives a new Notice to Proceed. Should the Contractor fail to begin and complete work within the specified time, then the City shall have the right in its sole discretion to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to City shall exceed the contract price, the Contractor and/or its surety shall pay City upon its demand in a writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 3 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondeat superior has no application as between the City and Contractor. �- 6. COMPENSATION Section 1. Fee Schedule. — City agrees to pay Contractor for its services according to the schedule in Attachment B. The City will not be liable for any Contractor costs in excess of this contract's not-to- exceed amount unless City has signed and issued a written, duly authorized amendment or modification to the Agreement that specifies a different amount. City shall not pay for any work performed by Contractor or its subcontractors, and/or suppliers that has not been specifically ordered by the City in writing by Task Order or Work Assignment pursuant to the terms of this contract or duly authorized modification. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. Section 2. Release Upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liability under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Section 3. Invoice and Payment. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's . invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 4 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES,INC. 7. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $1,000.00 (one thousand dollars) per day for each day after the date the project was to be completed, until the project is completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 8. INDEMNIFICATION A. Definitions. The following words and phrases shall be defined as follows: 1. "Environmental damages" shall mean all damages, losses, diminished values, claims, judgments, penalties, fines, liabilities, encumbrances, liens, costs, expenses of investigation, and the defense of any claim, whether or not such claim is ultimately defeated, results in a judgment or order of any kind, or is resolved by any good faith settlement, and of whatever kind or nature, direct or indirect, tangible or intangible, compensatory, exemplary, or punitive, economic or non-economic, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, to the City and any third parties, including without limitation reasonable attorney's and consultant's fees, any of the foregoing which are incurred as a result the Contractor's work, or due to negligence, arising from strict liability, arising from a violation of any environmental requirements, negligence, or an intentional tort, and whether any of the foregoing are attributable to the Contractor, a Subcontractor, a vendor, employee, agent, successor, or assignee and including by way of example but not limited to: a. Damages for personal injury or death, pain and suffering, mental or emotional distress, injury to property of any kind or to natural resources, environmental contamination, or the loss of use or value of property; b. Fees incurred for the services of attorneys, consultants, engineers, contractors, experts, laboratories, and investigators related to any studies, cleanup, remediation, removal, response, abatement, containment, closure, restoration, monitoring work, civil or criminal defense, or the recovery of any other costs; and CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 5 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. c. Liability, claims, or judgments to any third persons or governmental agencies in connection with the items referenced herein. d. Fines, penalties, costs, agreed orders, or settlements to any federal, state, or local government for violations of environmental laws, permits, standards, or regulations. 2. "Environmental requirements" shall mean all applicable present and future statutes, regulations, rules, permissible levels, concentrations, or amounts of contaminants, permits, plans, or authorizations of all governmental -- agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders, relating to the protection of human health or the environment, and all common law causes of action, including but not limited to, and without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of wastes, substances, materials, pollutants, contaminants, hazardous wastes, petroleum products, toxic substances, materials, , or other any other regulated or harmful substances whether solid, liquid, gaseous, or plasmic in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of elements, compounds, materials, substances, pollutants, contaminants, or hazardous or toxic materials, substances, or wastes, whether solid, liquid, gaseous, or plasmic in nature; and b. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, facilities, sites, operations, emissions, discharges, releases, or threatened releases of radioactive materials or radiation or electromagnetic fields and biohazardous materials. c. All requirements pertaining to the protection of the environment, natural resources, the health and safety of employees or the public; and d. Citizen suits authorized by any federal or state law; and e. All common law causes of action related to health, safety, natural resources, and the environment. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 6 of 21 ._ ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES,INC. B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL 1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN AND 2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY) OF THE CONTRACTOR, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS, OR ASSIGNS. THIS INDEMNIFICATION EXCLUDES, HOWEVER, DAMAGES WHICH ARE CAUSED BY CLAIMS OR LIABILITIES THAT RESULT SOLELY FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CITY OR ITS EMPLOYEES. C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY, RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION THAT ARISE FROM THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ARE CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR _ SUBCONTRACTORS, SUCCESSORS, OR ASSIGNS AND WHETHER ARISING FROM NEGLIGENCE, INTENTIONAL TORT, VIOLATION OF A LAW OR DUTY TRIGGERING STRICT LIABILITY, OR BY THE INFRINGEMENT OF ANY PERSON'S PROPERTY, LEGAL, OR CONSTITUTIONAL RIGHT. THIS INDEMNIFICATION EXCLUDES, HOWEVER, DAMAGES WHICH ARE CAUSED BY CLAIMS OR LIABILITIES THAT RESULT SOLELY FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CITY OR ITS EMPLOYEES. D. SUBJECT ONLY TO THE EXEMPTIONS PROVIDED BY SECTION 2254.0031 OF THE TEXAS GOVERNMENT CODE, IT IS THE INTENTION OF THE PARTIES THAT THE TERMS OF THIS INDEMNITY AGREEMENT, INCLUDING THE GENERAL AND ENVIRONMENTAL INDEMNITY PROVISIONS, SHALL APPLY EVEN IF SUCH INJURY, DEATH OR PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT OR OTHER FAULT OF THE CITY OF FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT WORTH. E. The obligations of the Contractor related to this environmental indemnification shall include, but not be limited to, the burden and expense of reimbursing the City for all fees and costs for defending all claims, suits, and administrative proceedings, even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 7 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. discharging, when and as the same become due, any and all judgments, settlements, penalties or other sums due against such indemnified persons. F. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, contractor shall provide City with timely notice of same. G. All Contractors, subcontractors, suppliers, and vendors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. Because this contract is a matter of public record and a reasonable subcontractor, supplier, or vendor would inquire as to its responsibilities in contracting with the Contractor, said subcontractors, suppliers, and vendors are deemed to have constructive notice of this provision. H. The obligations of the Contractor related to this environmental indemnification shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. Insurance coverage and limits: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset Clause. 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its r interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 8 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. 4. Worker's Compensation z Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. 3 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 9 of 21 ENV 15-02:10IA 1 PRIORITY ENVIRONMENTAL SERVICES,INC. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. - Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. 10. BONDING A. Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth a payment bond if the contract is in excess of $25,000 and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Contract, and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 10 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES,INC. meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 11. WARRANTY Contractor warrants that it understands the currently known hazards and the suspected hazards which are presented to persons, property and the environment by the work specified in this contract. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform y under this contract if the failure arises solely from: acts of God, acts of the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and extreme meteorological events. Contractor affirms a duty to mitigate any delays or damages arising from such causes. B. If Contractor fails to begin work herein provided for within the time specified ,. herein, or to complete such work within the time specified herein, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City's total costs exceed the costs as agreed in the contract CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 11 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. documents, the City may deliver to Contractor a written notice of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. C. If at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract at the -� discretion of the City. All costs and attorney's fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. D. City may terminate this Contract at its sole discretion and without cause upon thirty (30) days prior written notice to Contractor, and such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work that is completed by Contractor and accepted by the City. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 13. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations including but not limited to applicable environmental laws. Contractor represents itself as knowledgeable in these matters and no defense of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself, its subcontractors, agents, or its employees. 14. MODIFICATION No modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager _ of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written, formal, authorized modification of this contract that is in accordance with all applicable state and city laws, regulations, and ordinances. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 12 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a material term of this contract from the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract from the City, its employees, or agents. 15. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving ' transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 16. MINORITYIWOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with the City's Business Diversity Enterprise (BDE) Ordinance No. 20020-12-2011, the City has established goals for the participation of minority business enterprises and woman business enterprises (M/WBE) in City contracts. Unless a waiver of MBE goal of 10% has been authorized by the City, Contractor hereby acknowledges the MBE goals established in the Contract Documents for this project and affirms its contractually enforceable agreement to achieve those goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than �. three (3) years. 17. PREVAILING WAGE RATES Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts for building and construction trades, and shall comply with the prevailing wage requirements as specified in the RFP for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 13 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in m the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. 18. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or _ any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 14 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. 19. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 20. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 21. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 22. JURISDICTION AND VENUE Jurisdiction and venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas or the federal courts therein. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 15 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. 23. NOTICES - Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Michael Gange, Assistant Director Transportation and Public Works Department 1000 Throckmorton Street. Fort Worth, TX 76102 If to the Contractor: Gary Caldwell, President and Chief Executive Officer 1 Priority Environmental Services, Inc. 2573 Gravel Drive Fort Worth, TX 76118 24. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. 25. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have g reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. _ The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. T CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 16 of 21 ENV 15-02.-MIA 1 PRIORITY ENVIRONMENTAL SERVICES,INC. 27. ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. 28. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. Remainder of page is left blank intentionally. �. CONTRACT FOR ASBESTOS ABATEMENT:MBC#27139 Page 17 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. ATTACHMENT A SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary to perform the removal of approximately 90,108 square feet of asbestos-containing materials from the General Terminal Building located at Meacham International Airport in accordance with the abatement and work specifications determined by the City (or its consultant) on the parcel located at: GENERAL TERMINAL BUILDING MEACHAM INTERNATIONAL AIRPORT 4201 NORTH MAIN STREET FORT WORTH, TEXAS Project Specifications All work shall be performed in accordance with the consultant specification documents entitled "Asbestos Abatement Specifications, Meacham Administrative Building located at Meacham International Airport, 4201 North Main Street, Fort Worth, Texas" and those specification documents are incorporated into the terms of this contract by reference, in their entirety. It is possible that the specification documents may be amended by the consultant. Any future modifications of the consultant specifications shall be observed by the contractor. Site Work Abatement activities will be performed in accordance with federal, state and local visible emission requirements. Project Coordination Contractor will be responsible for coordinating with the City Transportation and Public Works Department - Environmental Management Division, immediately after receipt of notice to proceed, the start date of abatement activities to allow for notification to the _ Texas Department of State Health Services (DSHS). CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 18 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES,INC. ATTACHMENT B. COMPENSATION SCHEDULE THIS IS A FIXED-PRICE CONTRACT. ALL ASBESTOS ABATEMENT QUANTITIES HEREIN ARE ESTIMATES FOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE AMOUNT OF ABATEMENT TO BE PERFORMED ON THE PROJECT AND ARE NOT TO BE -- CONSTRUED AS A LIMITATION OR MAXIMUM ON THE AMOUNTS OF ABATEMENT REQUIRED TO BE PERFORMED BY CONTRACTOR. SITE/BUILDING CONDITIONS AND QUANTITIES IDENTIFIED IN CONTRACT ARE ESTIMATED BY THE CITY AND/OR THE CITY'S CONSULTANT, AGENT, OR DESIGNEE. THE CONTRACTOR IS RESPONSIBLE FOR CONDUCTING ITS OWN DUE DILIGENCE AND FOR VERIFYING ALL CONDITIONS AND QUANTITIES PRIOR TO EXECUTING THIS CONTRACT. CLAIMS FOR ADDITIONAL COMPENSATION DUE TO VARIATIONS BETWEEN QUANTITIES OR CONDITIONS ACTUALLY ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT DOCUMENTS WILL NOT BE ALLOWED. A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a total price not to exceed three-hundred and seventy-nine thousand, six-hundred and forty-six dollars and ninety cents ($379,646.90) for the completion of all work specified in this contract. - B. The City shall not compensate Contractor in excess of the not-to-exceed amount unless the City has executed a written, authorized, and formal Modification to the Contract signed by the City Manager or an Assistant City Manager of the City of Fort Worth. It is expressly agreed between the parties that there shall be no oral modifications to this contract. C. The parties agree that three-hundred and seventy-nine thousand, six- hundred and forty-six dollars and ninety cents ($379,646.90) shall be the whole of compensation for all of the services specified in this contract. In the event of a discrepancy between any unit price and the contract not-to-exceed price, the not-to-exceed price shall prevail. In no event will compensation be greater than the not-to-exceed amount described herein. D. Quantities identified in the Competitive Sealed Proposal were estimated . quantities only. Prior to submitting a bid, as noted in the Competitive Sealed Proposal, the Contractor was responsible for verifying all quantities upon which the Contractor's bid was based. The Contractor was to rely exclusively upon its own estimates, investigation, research, tests, and other data ,., CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 19 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. necessary to supply the full and complete information upon which the Contractor's bid was based. It is mutually agreed that submission of a bid is prima-facie evidence that the Contractor has made all of the investigations, examinations, and tests required to make a fully informed offer. E. By executing this contract, the Contractor affirms and agrees that the Contractor has had the opportunity and duty to confirm all quantities prior to submitting a bid, and Contractor expressly waives any and all right to additional compensation other than the contract grand total as a result of any discrepancy between the quantities encountered and the estimated quantities in the Competitive Sealed Proposal and bid documents. F. The parties intend and agree that any change order or modification to this contract will be in the case of only the most extraordinary of circumstances. Any claims for additional compensation based upon variations between conditions actually encountered in this project and conditions as indicated in the Contract Documents will not be allowed. Any claims for additional compensation proposed by Contractor will be examined by the City in consideration of the terms described herein and the Contractors request for additional compensation must clearly show why the variation was not identifiable prior to the Contractor submitting its bid. As used in this contract, "not identifiable" means that the Contractor a) performed all investigation, research, tests, and other data collection necessary to accurately determine quantities, and b) no reasonably possible investigation, research, tests, or other data collection could have identified the variation. The final determination as to additional compensation will be made at the sole judgment and discretion of the City. The remainder of this page is left blank intentionally. CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 Page 20 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. CONTRACT FOR REMOVAL, TRANSPORTATION, AND DISPOSAL OF ASBESTOS CONTAINING MATERIALS ENV 15:02: MIA 4201 NORTH MAIN STREET, FORT WORTH, TX IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR 1 Priority Environmental Services, Inc. Fernando Costa G,AF jVWiTwe � s Assistant City M er President & CEO Date Signed: RE; E E WITNESS: Michael . Assistan Dir or Transpo ion and Public Works APPROVED AS TO FORM AND LE ALITY: Arthur N. Bashor Assistant City Attorney Q o(W ATT .�. ' , COMPANY SEAL 1 _ 73 Mary J. Kayser/ City Secretaryf, � '0oD000Q°° Date Signed: / � PAS OFFICIAL �RLCORD CITY SECRE'T'ARY CONTRACT FOR ASBESTOS ABATEMENT:M&C#27139 FT'WORTH, TX Page 21 of 21 ENV 15-02:MIA 1 PRIORITY ENVIRONMENTAL SERVICES, INC. Bond No. 4399151 PERFORMANCE BOND THE STATE OF TEXAS -- COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) I PRIORITY ENVIRONMENTAL SERVICES, INC. a (2) corporation of Texas hereinafter called Principal and SureTec Insurance Company ,a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas,as Surety,are held and firmly bound unto the City of Fort Worth,a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of Three-hundred and seventy-nine thousand, six-hundred and forty-six dollars and ninety cents ($379,646.90) in lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner,dated the 1.2 th day of JanuarZy 2015, a copy of which is hereto attached and made a part hereof,for the construction of: removal of asbestos containing material from the General Terminal Building located at Fort Worth Meacham International Airport,Fort Worth,Texas designated as Project Number ENV 15-02:MA,a copy of which contract is hereto attached,referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in -- accordance with the plans, specification,and contract document during the original term thereof,and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and4#he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County,State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WBEREOF, this instrument is executed in 3 Counterparts each one of which shall be deemed an original,this the 2-ard day of January ,2015. - 1 PRIORITY ENVIRONMENTAL SERVICES,INC. Principal(4) A3;�A L tz iP By: Is ze— (P pal)S cre (Print d Name/Title) (SEAL) 2573 Gravel -- ADDRESS Fort Worth, Texas 76118 CITY/STATE/ZII' 1330 Post Oak Blvd., Suite 100 SureTec Insurance Company (Address) (Surety) r Houston, Texas 77056 ATTEST: (Surety)Secretary By: (Attomey-in Fact)(5) (SEAL) F ti Patricia Ann Smith (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporatlot;a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) {(Contractor Lr partnership all Farmers should emcute bond (S) A true copy of Power ofAttomey shall be attached to bond by Attorney4n Fact Bond No..: 4399151 PAY1V INT BOND THE STATE OF TEXAS COUNTY OF TA.RR.ANT KNOW ALL MEN BY THESE PRESENTS:That we,1 Priority Environmental Services,Inc. a Texas Corporation, -hereinafter called Principal and sureTec Insurance Comoanv , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner,in the penal sum of: Three-hundred and seventy-nine thousand, six-hundred and1orty-six dollars and ninety .cents($379,646.90) in lawful-money of the United States,to be paid in Fort Worth, Tarrsnt County, Texas,for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs, executors,administrators, and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of fort Worth,the Owner,dated the12tn'day of January,2015,a copy of which is hereto attached and made a part hereof,for the provision of removal of asbestos containing materials from the General Terminal Building at Fort Worth Meacham International Airport,Fort Worth,Texas designated as Project Number ENV 15-02: MIA, a.copy of which contract is hereto attached, referred to, and made a part hereof as fully,and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perforce the work in accordance with the plans,specification, and contract document during the original term thereof,and any extensions thereof which may be granted by the Owner,with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which'it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay.and expanse which the Owner may incur in making good any.defaul%then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County,State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in-any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,this instrument is.executed in�3 _Counterparts each one of which 'shall be deemed an original,•this the 23rd day of January ,2015. I-Prlority Environmental Services,Inc. Principal(4) AMS By; ��� �rZacs�L (Princ' 'SecrBtary / (P&ted ted NainelTitle) (SEAL) 2573 Gravel ADDRESS _Fort Worth, Texas 76118 CITY/STATE/Z" 1330 Post oak,Blvd., Suite 1100 SureTec Insurance Company (Address)• (Surety) Houston, TX 77056 y A ST: .(Surety)Secretary - . By:. (Attorney-in-Fact)(5) - (SEAL) Patricia Finn Smith t (Printed Attorney-in-Fact). Witness as to Surety Note: ., Date:of Bond must not be prior to date of Contract "(1) . CormetnameofCoptractor (2) A'Corporatton a Nihmrshtp"or and Indtvtdual,as case may be (3). Correct Name ofMovty. ' (4) IfContractor lspartnership all Partners should execute bond (S) A true copy of Power ofAttorney shall be auadxd to bond by Attorney-b*,Fact r Pon 0: 4221065 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Bryan K.Moore,Gary W.Wheatley,Pat J.Moore, Betty J.Reeh,Michael D.Hendrickson, Patricia Ann Smith its true and lawful Attomey-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,aclmowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Fifteen Million and 00/100 Dollars($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 24th day of October,A.D. 2014 ww+*. SURETEC INSURANCE COMPANY 5�}RANC tet;•••' C+ wC., X •9 `5�$ By W(w y f' John 401 Jr: resident State of Texas ss: 7� l•c County of Harris On this 24th day of amber,A.D. 2014 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that be is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public State of Texas My Comm.exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in fall force and effect. _\\ Given under my hand and the seal of said Company at Houston,Texas this ' day of .__) .�V�C ^�A.D. 1 .Bre t Beaty,Assistant ecretary Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 6:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax-#- 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. -------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 � PAYMENT BOND THE STATE OF TEXAS �- COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, 1 Priority Environmental Services,Inc. a Texas Corporation, hereinafter called Principal and a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation PM organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of- Three-hundred £Three-hundred and seventy-nine thousand, six-hundred and forty-six dollars and ninety cents ($379,646.90) in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner, dated the day of , 2015, a copy of which is hereto attached and made a part hereof,for the provision of: removal of asbestos containing materials from the General Terminal Building at Fort Worth Meacham International Airport,Fort Worth,Texas designated as Project Number ENV 15-02: MIA a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. i IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of which shall be deemed an original,this the day of ,2015. 1 Priority Environmental Services,Inc. s Principal(4) ATTEST: By: (Principal) Secretary (Printed Name/Title) (SEAL) ADDRESS CITY/STATE/ZIP (Address) (Surety) ATTEST: (Surety)Secretary By: (Attorney-in-Fact) (5) (SEAL) (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is partnership all Partners should execute bond (5) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact sw PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) I PRIORITY ENVIRONMENTAL SERVICES, INC. a (2) corporation of Texas hereinafter called Principal and ' a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of Three-hundred and seventy-nine thousand, six-hundred and forty-six dollars and ninety cents ($379,646.90) in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner, dated the day of 2015, a copy of which is hereto attached and made a part hereof,for the construction of: removal of asbestos containing material from the General Terminal Building located at Fort Worth Meacham International Airport,Fort Worth,Texas designated as Project Number ENV 15-02: MIA, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in fall force and effect. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of which shall be deemed an original,this the day of , 2015. 1 PRIORITY ENVIl20NMENTAL SERVICES,INC. Principal(4) ATTEST: By. (Principal) Secretary (Printed Name/Title) (SEAL) ADDRESS CITY/STATE/ZIP (Address) (Surety) ATTEST: (Surety) Secretary By: (Attorney-in-Fact) (5) .� (SEAL) (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is partnership all Partners should execute bond (5) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact 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. DEM15- 02:M IA. CONTRACTOR 1 Priority Environmental Services, Inc. Pal— c G Title Date STATE OF TEXAS § COUNTY OF TARRANT § Bef�! the undersigned authority, on this day personally appeared (2 h/m , known to me to be the perso name is subscribed to the foreg ing instrument, and ac nowledged to at he execu d the same as the act and deed of =S r G for the purposes and consideration ther in expressed and i e capacity therein stat Given Under My Hand and eal of Office this— y of i �7 FERNAND0 AlA Notary Public,State Texaa My Commission Expi otary blic in or the State of March 28. 2016 ATE CERTIFICATE OF LIABILITY INSURANCE ° 1/22/20 5"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT IBTX Risk Services DPW NAME: Vicki Leslie 6363 N. State Highway 161, Suite 100 INCNo Ext: (214) 646-1656 ac No:(214) 596-9030 E-MAIL Irving TX 75038 ADDRESS: service@ib-tx.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Everest Indemnity Ins Co 10851 INSURED INSURER B:Everest National Insurance Com 10120 1 Priority Environmental Services, Inc. INSURER C 2573 Gravel INSURER D: Fort Worth TX 76118 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER:cert ID 16722 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTEI5___ CLAIMS-MADE aOCCUR EF4ML05360141 8/4/2014 8/4/2015 PREMISES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 5,000,000 GENI AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 5,000,000 JECT LOC -COMP/OPAGG $ 5,000,000POLICY� F OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 B X ANY AUTO CF4CA00299-141 3/17/2014 3/17/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident) $ $ A UMBRELLA LIAB X OCCUR EF4CU00687141 8/4/2014 8/4/2015 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N SPTER T LITETE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N1 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ It yes,describe under DESCRIPTION OF OPERATIONS below I I I I E.L.DISEASE-POLICY LIMIT $ A Pollution EF4ML05360141 8/4/2014 8/4/2015 Each Claim 5,000,000 Aggregate A Professional Liability EF4ML05360141 8/4/2014 8/4/2015 Each Claim 5,000,000 lAggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The General Liability, Umbrella, Pollution and Automobile policy includes a blanket additional insured endorsement [CG2010 07/04 for ongoing, CG2037 0704 for Completed Operations, EUM00502 06/08, ECG20503 06/08 and CA2048 02/99] as required in a written contract. The General Liability, Pollution and Automobile policy includes a blanket waiver of subrogation endorsement [CG24 04 10/93, ECG24506 12/04 and ECA24503 03/10] as required in a written contract. Primary and Non-Contributory wording per endorsement [ECG24514 05/00] . The Automobile policy includes a blanket Cancellation endorsement [IL 1201 11/85] as required in a written contract. If required by written contract cancellation will be provided for the General Liability policy. Umbrella policy will follow the provisions, exclusions and limitations of the "underlying insurance" unless otherwise CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEID BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Department of Financial Management Services Risk Management Division AUTHORIZED REPRESENTATIVE 1000 Throckmorton Street Fort Worth TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 1/22/2015 CERTIFICATE HOLDER: INSURED: City of Fort Worth 1 Priority Environmental Services, Inc. Department of Financial Management Services Risk Management Division 2573 Gravel 1000 Throckmorton Street Fort Worth TX 76118 Fort Worth TX 76102 DESCRIPTION OF OPERATIONS CONTINUED: directed by the umbrella policy per coverage form HUM 00 502 06 08. Project #ENV 15-02 Meacham International Airport General Terminal Building DOC(10/2003) A00R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD(YYYY) 01/22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(a). PRODUCER CONTACT NAME: T Environmental Insurance Service PHONEFAl( 8701 Shoal Creek Blvd#401 E-MAIL (A11%,110 ADDRESS: Austin,TX 78757 PRODUCER 5121458 1394 CUffiTOMF,R ID C IN3URER(3)AFFORD)NO COVERAGE ., ."_ j NAiC k" INSURED INSURER A; Texas Mutual Insurance Company _ 1 Priority Environmental Services,Inc. INSURER B: 2573 Gravel Dr. INSURER C: Fort Worth,TX 76118 _..... INSURER D INSURER E: ...._. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL... ,..._..._.__.._...__..... ..____.__.......... ...._..dL'hti'il' '-.-.......-- _....... ._ .......... �,._PtX.tCYEFF POLiCYE7tP -.............._......_...__......__._......_._. ...... _._......__...._.__....... TR TYPE OF INSURANCE POLICY NUMBER MMIDDNYYY MMIDDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S r DAMAGP TO-RENTED_.. .. COMMERCIAL GENERAL LIABILITYPREMISES..Ea ow"re)" 3 ._.... �;� _. CthIMS•MADE 1 ;OCCUR ; I � MED EXP(Any one person). ,y 3 _ i } PERSONAL&ADV INJURY t S _ _ _, _: G[NLRALR GREUATEG $i GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGG __...._ i POLICY PRO LOC I.AUTOMOBILE LUBIUTY ' COMBINED SINGLE LIMIT (Ea acc4eno 3 ANY AUTO w ........ .............. ................, ........ r-"—j BODILY INJURY(Per person) S ALL OWNED AUTOS I ( BODILY INJURY(Par acrrdenl) S SCHEDULED AUTOS i PROPERTY DAMAGE 3 HIREDAUTOS (per eccrderd) NON-OWNED AUTOS i � S UMBRELLA LUIS OCCUR EACH OCCURRENCE S EXCESS LIAB. i CLAIMS MAGE {�'I�". AGGREGATE 3 __.._.. + I _ _. DEDUCTIBLE I r .... ........_..__ !5..._ _...._..�_._.�._ i RETENTION S ;3 A I WORKERS COMPENSATION 12-30-id i 12-30.15 ' X STATU 0TH AND EMPLOYERS`LIABIITY 0001262884 ? LQRY_LiMiT$ ..ER : ... L.EACH AG(,106NT ANY PROPRIETORIPARTNEWEXECUTIVE NIA Y F 5 OFFICERIMEMBER EXCLUDED? ; --- - - ---- -- TOM=in NH) ❑ F L DISEASE.- EA EMPLOYEE€S 1Q " (it yea.de In wedar E,L.DISEASE-POLICY LIMIT,3 l DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAttach ACORD 101,AddWonsi Remarks Schedule,I more apace is required) Central Terminal Building,Meacham intemational Airport,4201 North Main Street,Fort Worth,TX Project#:ENV 15-02:MIA Waiver of subrogation in favor of the City of Fort Worth,TX CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY EXPIRATION DATE THEREOF,NOTICETHE ABOVE CRIBED POLICIES 13E WILI BE ELIVERED IN ACCORDANCE NTH THE 1000 Throckmorton Street POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTA71VE ®1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2008108) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 1/22/2015 CERTIFICATE HOLDER: INSURED: City of Fort Worth 1 Priority Environmental Services, Inc. Department of Financial Management Services Risk Management Division 2573 Gravel 1000 Throckmorton Street Fort Worth TX 76118 Fort Worth TX 76102 DESCRIPTION OF OPERATIONS CONTINUED: directed by the umbrella policy per coverage form SUM 00 502 06 08. Project #ENV 15-02 Meacham International Airport General Terminal Building DOC(1012003) POLICY NUMBER: EF4ML05360-141 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 Tn1S EI.LDORSE""EDIT f"NHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): Location And Description Of Completed Operations Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: EF4ML5360-141 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izatio ns : Locations Of Covered Operations Blanket where required by written contract. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does nota I to "bodily injury" or damage" or "personal and advertising injury' apply y caused, in whole or in part, by: "Property damage"occurring after: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: EF4ML05360-141 COMMERCIAL GENERAL LIABILITY ECG 20 557 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured under the Com- D. With respect to the insurance afforded to these mercial General Liability Coverage Part is amend- additional insureds, this insurance does not apply ed to include as an insured the person(s) or organ- to any 'occurrence" which takes place after the ization(s) shown in the Schedule, only with respect equipment lease expires. to liability for "bodily injury", "property damage" or E. For the purposes of this endorsement, paragraph "personal and advertising injury"but only to the ex- 4. Other Insurance under SECTION IV — tent caused, in whole or in part, by your mainte- COMMERCIAL GENERAL LIABILITY nance, operation or use of equipment leased to CONDITIONS of the Commercial General Liability you by such person(s)or organization(s). Coverage Part is replaced by the following: B. The insurance afforded to these additional in- 4. Other Insurance sureds shall only include the insurance required by the terms of the written agreement and only to the The insurance afforded to these additional in- extent that coverage is provided within the terms of sureds is excess over any other insurance this Coverage Part. naming an insured whether such insurance is C. The Limits of Insurance afforded to these addition- primary, excess, contingent or contributing. This insurance may not be used to satisfy any al insureds shall be the lesser of the following: deductible or self-insured retention amounts an 1. The Limits of Insurance required by the written insured may owe as a result of this loss, dam- agreement between the parties;or age or injury. 2. The Limits of Insurance provided by this Cov- erage Part. ECG 20 557 06 08 ©Everest Reinsurance Company, 2008 Page 1 of 1 ❑ Includes copyrighted material of ISO Properties, Inc. used with permission FORMING PART OF POLICY #EF4CU00687141 NAMED INSURED: 1 Priority Environmental Services b. A partnership or joint venture, your members, Subject to Paragraph 8. of Section IV - your partners and their spouses are insureds, Maintenance Of Underlying Insurance Condition, but only with respect to the conduct of your when an "underlying insurance" aggregate limit business; has been exhausted by the payment of "net loss", c. A limited liability company: the insurance afforded by this Coverage Part will drop down and apply in excess of that exhausted (1) Your members are insureds, but only aggregate limit. Any "net loss" payment we make with respect to the conduct of your in excess of an exhausted aggregate limit is business; and included within, and is not in addition to, the (2) Your managers are insureds, but only Limits of Insurance for this Coverage Part. with respect to their duties as your In any instance other than the above, our liability managers; for "injury" to which this insurance applies shall d. An organization other than a partnership, be only for the "net loss" in excess of the joint venture or limited liability company: applicable "retained limit". The applicable (1) Your "executive officers" and your "retained limit" will apply separately to each directors are insureds, but only with "occurrence"to which this insurance applies. respect to their duties as your officers or If the "retained limit" is not satisfied by directors; and "underlying insurance", we have the right but not (2) Your stockholders are insureds, but only the duty to pay any "retained limit" "net loss". with respect to their liability as Upon notice of such payment, you will promptly stockholders. reimburse us. e. A trust, you are an insured. Your trustees are 2. Limits Of Insurance also insureds, but only with respect to their a. The General Aggregate Limit shown in the duties as trustees. Declarations for this Coverage Part is the 3. Any other person or organization is an insured, maximum amount of "net loss" we will pay who is included as an insured in underlying arising out of all"occurrences"except for"net insurance", but only to the extent of the insurance loss" because of: provided the insured under "underlying (1) "Bodily injury" and "property damage" insurance", and not otherwise excluded by this under Coverage A of this Coverage Part Coverage Part. included in the "products-completed However, if coverage is required to be provided operations hazard", and such an insured under a contract or agreement, (2) "Bodily injury" and "property damage" the most we will pay for "net loss" that such an under Coverage A of this Coverage Part insured becomes legally obligated to pay is the included in the "automobile hazard". lesser of: b. The Products-Completed Operations (a) The Limits Of Insurance for this Coverage Aggregate Limit shown in the Declarations Part;or for this Coverage Part is the maximum (b) The amount of insurance required by the amount of "net loss" we will pay arising out of contract or agreement, all "occurrences" because of "bodily injury" and "property damage" included in the less the full amounts payable by "underlying "products-completed operations hazard" insurance". under Coverage A of this Coverage Part. However, no person or organization is an insured c. Subject to a. or b. above, whichever applies, with respect to the conduct of any current or past the Each Occurrence Limit shown in the partnership, joint venture limited liability company or Declarations for this Coverage Part is the trust that is not shown as a Named Insured in the maximum amount of "net loss" we will pay Declarations of this policy. because of: SECTION III - RETAINED LIMIT AND LIMITS OF (1) "Bodily injury" and "property damage" INSURANCE arising out of any one"occurrence";or Regardless of the number of: (2) "Personal and advertising injury" 1. Insureds; sustained by any one person or 2. Claims made or 'suits brought;or organization. 3. Persons or organizations making claims or If any "occurrence" to which this Coverage Part bringing"suits", applies is also covered in whole or part by any other insurance that is: our liability is limited as follows: (1) A Commercial Catastrophe Liability Coverage 1. Retained Limit Part or similar to this insurance;and EUM 00 502 06 08 Copyright, Everest Reinsurance Company, 2008 Page 7 of 13 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Copyright, Insurance Service Office, Inc., 2008 POLICY NUMBER: CF4CA00299-141 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 03/17/2014 Countersigned By: Named Insured: 1 Priority Environmental Services, Inc. Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): Blanket as required in written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ FORMING PART OF POLICY #EF4ML05360141 NAMED INSURED: 1 Priority Environmental Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured under the Con- C. The Limits of Insurance afforded to these addi- tractor's Pollution Liability Coverage Part is tional insureds shall be the lessor of the following: amended to include as an insured the person or 1. The Limits of Insurance required by the writ- organization shown in the Schedule, only with re- ten agreement between the parties;or spect to liability for "bodily injury' or "property damage" but only to the extent caused, in whole 2. The Limits of Insurance provided by this Cov- or in part by: erage Part. 1. Your acts or omissions; or D. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following exclusion is behalf; added: in the performance of your ongoing operations 2. Exclusions for the additional insured. This insurance does not apply to "bodily inju- B. The insurance afforded to these additional in- ry"or"property damage"occurring after: sureds shall only include the insurance required by the terms of the written agreement and only to the extent that coverage is provided within the terms of this Coverage Part. ECG 20 503 06 08 Copyright Everest Reinsurance Company, 2008 Page 1 of 2 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. E. For the purposes of this endorsement, paragraph 4. Other Insurance under SECTION IV — CONDITIONS of the Contractor's Pollution Liabil- ity Coverage Part is replaced by the following: 4. Other Insurance The insurance afforded to these additional in- sureds is excess over any other insurance naming an insured whether such insurance is primary, excess, contingent or contributing. This insurance may not be used to satisfy any deductible or self-insured retention amounts an insured may owe as a result of this loss, damage or injury. Page 2 of 2 Copyright Everest Reinsurance Company, 2008 ECG 20 503 06 08 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission. FORMING PART OF POLICY #EF4ML05360141 NAMED INSURED: 1 Priority Environmental Services, Inc. COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 13 FORMING PART OF POLICY #CF4CA00299-141 NAMED INSURED: 1 PRIORITY ENVIRONMENTAL SERVICES, INC. COMMERCIAL AUTO ECA 24 503 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: Blanket as required in written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for an "accident' or "loss", provided that you are required under a written agree- ment to waive your rights of recovery. The written agreement must be made prior to the date of the "accident' or "loss". This waiver applies only to the person or organization shown in the Schedule above. ECA 24 503 03 10 Copyright, Everest Reinsurance Company, 2010 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission. FORMING PART OF POLICY #EF4ML05360141 NAMED INSURED: 1 Priority Environmental Services, Inc. ECG 24 506 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 506 12 04 Copyright, Everest Reinsurance Company, 2000 Page 1 of 1 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission FORMING PART OF POLICY #EF4CU00687141 NAMED INSURED: 1 Priority Environmental 10. Premium Audit c. Finally, to reimburse all other interests a. We will compute all premiums for this (including those of the insured) with respect Coverage Part in accordance with our rules to the residue, if any. and rates. When we have elected to participate in the b. Premium shown in this Coverage Part as exercise of the insured's right of recovery, advance premium is a deposit premium only. reasonable expenses resulting therefrom will be At the close of each audit period we will apportioned among all interests in the ratio of compute the earned premium for that period their respective recoveries. and send notice to the first Named Insured. If there should be no recovery as a result of The due date for audit and retrospective proceedings instituted solely at our request, we premiums is the date shown as the due date will bear all expenses of such proceedings. on the bill. If the sum of the advance and 14. When We Do Not Renew audit premiums paid for the "policy period" is greater than the earned premium, we will If we decide not to renew this Coverage Part, we return the excess to the first Named Insured. will mail or deliver to the first Named Insured c. The first Named Insured must keep records shown in the Declarations written notice of the of the information we need for premium nonrenewal not less than 30 days before the expiration date. computation, and send us copies at such times as we may request. If notice is mailed, proof of mailing will be 11. Representations sufficient proof of notice. By accepting this policy, you agree: 15. Endorsements To This Coverage Part a. The statements in the application for this Reference to Commercial General LiabilityCoverage Part in any endorsement that is insurance and the Declarations are accurate attached to or made a part of this Coverage Part, and complete; shall be understood to mean this Coverage Part. b. The statements in the Declarations are SECTION V- DEFINITIONS based upon representations you made to us; and 1. "Advertisement" means a notice that is broadcast or published to the general public or specific c. We have issued this policy in reliance upon market segments about your goods, products or your statements and representations. services for the purpose of attracting customers 12. Separation Of Insureds or supporters. For the purposes of this definition: Except with respect to the Limits of Insurance, a. Notices that are published include material and any rights or duties specifically assigned in placed on the Internet or on similar electronic this Coverage Part to the first Named Insured, means of communication; and this insurance applies: b. Regarding web-sites, only that part of a web- a. As if each Named Insured were the only site that is about your goods, products or Named Insured;and services for the purposes of attracting b. Separately to each insured against whom customers or supporters is considered an claim is made or"suit"is brought. advertisement. 13. Transfer Of Rights of Recovery Against 2. "Auto" means a land motor vehicle, trailer or Others To Us semitrailer designed for travel on public roads, including any attached machinery or equipment. If the insured has rights to recover all or part of any payment we have made under this Coverage But"auto"does not include"mobile equipment". Part, those rights are transferred to us. The 3. "Automobile hazard" means "bodily injury" and insured must do nothing after loss to impair "property damage" arising out of the ownership, them. At our request, the insured will bring "suit" maintenance, use or entrustment to others of any or transfer those rights to us and help us enforce "auto" owned or operated by or rented or loaned them. to any insured. Use includes operation and Recoveries will be applied in the following order: "loading or unloading". a. First, to reimburse any interests (including 4. "Bodily injury" means bodily injury, sickness or those of the insured) that may have paid any disease sustained by any person, including death amounts in excess of our liability under this resulting from any of these at any time. But Coverage Part; "bodily injury" does not include bodily injury, sickness, disease or death that arises out of b. Then, to reimburse us for all amounts paid "personal and advertising injury'. under this Coverage Part;and EUM 00 502 06 08 Copyright, Everest Reinsurance Company, 2008 Page 10 of 13 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Copyright, Insurance Service Office, Inc., 2008 FORMING PART OF POLICY #EF4ML05360141 NAMED INSURED: 1 Priority Environmental Services, Inc. COMMERCIAL GENERAL LIABILITY ECG 24 514 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4.,Other Insurance of Conditions (Section IV) is amended by the addition of the fallowing: If insurance similar to this insurance is held by a person or organization that is: a. An owner of real or personal property on which you are performing operations; or b. A contractor on whose behalf you are performing operations, this insurance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing operations performed for that person or organization under a written contract. However, this does not apply to any person or organization: a. From whom you did not receive a specific written request that this insurance be primary insurance, or if you did not receive that request prior to the date that your operations for that person or organization commenced; or b. For whom a certificate of insurance evidencing that request is not on file with, or received by, us prior to sixty days after the end of the policy period for this insurance. ECG 24 514 05 00 Copyright, Everest Reinsurance Company 2000 ❑ Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES - BLANKET NOTICE OF CANCELLATION BY US TO THIRD PARTY Policy Change Number 1 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE CF4CA00299-141 04/11/2014 Everest National Insurance Company NAMED INSURED AUTHO IZED REPRESS TATIVE . 1 Priority Environmental Services, Inc. COVERAGE PARTS AFFECTED Business Auto Coverage Part Schedule _30 days before the effective date of cancellation by us we will mail or deliver notice to any additional in- sured or"certificate" holder under this Policy. You agree that as a condition precedent to us providing such notice, you will: 1. Provide us with a complete list of such an additional insured or"certificate" holder including appropriate design- ees and complete mailing addresses; and 2. Notify us of any changes to the list within 5 business days of such change. For purpose of this endorsement, "certificate"shall mean a certificate of insurance issued as evidence of this insur- ance. The following Condition is added to the Policy: Notice of Cancellation By Us To Third Party 1. If we cancel this policy for any reason other than non-payment of premium, notice of cancellation of not less than the number of days shown in the Schedule will be mailed or delivered to any third party identified in the list you've provided to us as described above. 2. We will mail or deliver our notice to the third party at the address shown in the list you've provided to us. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. We will not notify the third party if cancellation is at your request. 5. We will not notify the third party in the event of non-renewal. 6. We will not notify any third party not contained on the list you've provided to us. 7. Our failure to notify the third party does not invalidate cancellation as respects you. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 FORMING PART OF POLICY #EF4ML05360141 NAMED INSURED: 1 Priority Environmental Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PER PROJECT(S) GENERAL AGGREGATE LIMIT WITH CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): ALL PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT Designated Project General Aggregate Limit With Cap: $6,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated project shown in the Schedule above: 1. A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations_ However, the separate Designated Project General Aggregate Limit(s) are subject to a Designated Project General Aggregate Limit Cap in the amount shown in the above Schedule of this endorsement. The Designated Project Gen- eral Aggregate Limit Cap is the most we will pay under the Designated Project General Aggregate Limit for all designated projects combined. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products- completed operations hazard",and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project and the Designated Project General Aggregate Limit Cap. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown in the Schedule above. However, such payments for damages and medical expenses included in the Designated Project General Aggregate Limit for all designated projects combined will reduce the Designated Project General Aggregate Limit Cap. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Med- ical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Designated Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to operations at a single designated project shown in the Schedule above: ECG 25 536 07 11 Copyright Everest Reinsurance Company, 2011 Page 1 of 2 ❑ Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any pay- ments for damages because of 'bodily injury" or"property damage" included in the "products-completed oper- ations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Section III— Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright Everest Reinsurance Company, 2010 ECG 25 536 07 11 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: January 12, 2015 NAME OF PROJECT: Removal, Transportation, and Disposal of Asbestos Containing Materials from the General Terminal Building located at Meacham International Airport, 4201 North Main, Fort Worth Texas 76106 PROJECT NUMBER: ENV 15 : 02- MIA CONTRACTOR: 1 Priority Environmental Services, Inc. Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. d VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law.A copy of the Statute is attached. Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. '" B. Our principle place of business or corporate office(s) is in the State of Texas. L�I Bidder: Gary Caldwell, President and Chief Executive Officer 1 Priority Environmental Services, Inc. 2573 Gravel Drive Fort Worth, TX 76118 L By: (Pleas Print) ature /e ---r-- ms Title (Please Print) 9 SPECIFICATIONS FOR Industrial Hygiene and ASBESTOS ABATEMENT Safety Technology, Inc. Prepared for. s 2235 Keller Way Carrollton, TX 75006 City of Fort Worth Texas Phone: (972) 478-7415 Department of Environmental Management Fax: (972) 478-7615 1000 Throckmorton Street http://www.ihst.com Fort Worth, Texas -, Project. Leaders in Meacham Airport Quality, Service 4201 North Main Street and Innovation Fort Worth, Texas DATE: October 16, 2014 Specifications Prepared by: Tracy K. Bramlett, CIH, CSP TDSHS LICENSE #10-5040 Expiration: 12/31/15 Prepared by: Industrial Hygiene & Safety Technology, Inc. 2235 Keller Way Carrollton, Texas 75006 972-478-7415 TABLE OF CONTENTS �-- Asbestos Abatement Specifications 1.1. SUMMARY OF THE WORK.............................................................................................. .................,.........,...1 � 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS:.......................................................1 1.1.2. EXTENT OF WORK:...................... ...........................................................................................................1 1.1.4. CONTRACTORS USE OF PREMISES:........................................................................... ..w.<,.. ..... 3 ,�, 1.2. DIFFERING SITE CONDITIONS:.......................................................................................................................3 1.3. STOP ASBESTOS REMOVAL:......... . ..................... ............................................................................... ....4 1.4. CODES AND REGULATIONS:........................_............................................................................................4 1.4.1. GENERAL APPLICABILITY OF CODES, REGULATIONS AND STANDARDS:.............................4 1.4.2. CONTRACTOR RESPONSIBILITY:........................................................................................................4 1.4.3. STATE REQUIREMENTS:..... .. ,..„........ .............................................................................................4 1.4.4. LOCAL REQUIREMENTS:.........................................................................................................................5 1.4.5. NOTICES:....................................................... ....1.................................................................................5 1.4.6. PERMITS:........................... ................ ...................................................................................................5 1.4.8. POSTING AND FILING OF REGULATIONS:........................................................................................5 1.5. PROJECT COORDINATION:..............................................................................................................................6 1.5.1. PERSONNEL:.............. .............. ...........................................................................................6 1.6. RESPIRATORY PROTECTION:.........................................................................................................................6 1.6.1. GENERAL:...................................................................................................................................................6 1.6.2. RESPIRATORS FOR ABATEMENT OPERATIONS:..........................................................................6 1.7. WORKER PROTECTION:...................................................................................................................................7 1.7.1. TRAINING PRIOR TO ENGAGING IN ABATEMENT WORK:............................................................7 1.7.2. MEDICAL EXAMINATIONS:.....................................................................................................................7 1.7.3. PROTECTIVE CLOTHING:..................... .........................7 ......................................................................... 1.7.4. ENTERING AND EXITING PROCEDURES:..........................................................................................7 1.7.5. DECONTAMINATION PROCEDURES:..................................................................................................7 1.7.6. LIMITATIONS WITHIN WORK AREA:.......... . ...................................................................................8 1.8. DECONTAMINATION FACILITIES:............................ ................,w.9 .............................................................. 1.8.1. DESCRIPTION:..... ................................................ . .............................................................................9 1.8.2. GENERAL REQUIREMENTS:.....................................................................................................,.....,.......9 1.8.3. TEMPORARY UTILITIES TO PDF AND EDF:.....................................................................................9 i 1.8.4. DECONTAMINATION FACILITIES(DF): . .......................................................................................»9 1.9. NEGATIVE PRESSURE FILTRATION SYSTEMS:........................................................................................10 1.9.2. PRESSURE DIFFERENTIAL:.................................................................................................................10 1.9.3. MONITORING:..........................................................................................................................................10 1.9.4. TESTING THE SYSTEM:........................................................................................................................10 1.9.5. DEMONSTRATION OF NEGATIVE AIR SYSTEM OPERATION: ...................................................10 1.9.6. USE OF SYSTEM DURING ABATEMENT OPERATIONS:..............................................................10 1.9.7. DISMANTLING THE SYSTEM: .................................................I1 ............................................................. 1.10. CONTAINMENT BARRIERS AND COVERINGS OF WORK AREA:........................................................11 1.10.1. GENERAL:...............................................................................................................................................I I 1.10.2. PREPARATION PRIOR TO SEALING OFF: .....................................................................................11 1.10.3. CONTROL ACCESS TO WORK AREA:.............................................................................................11 1.10.4. CRITICAL BARRIERS:..........................................................................................................................12 1.10.5. PRIMARY BARRIERS:...........................................................................................................................12 1.10.6. EXTENSION OF WORK AREA:...........................................................................................................12 1.10.7. SECONDARY BARRIERS:..................................................................................................................12 1.11. MONITORING,INSPECTION AND TESTING:............................................................................................12 1.11.1. GENERAL-....................................l-... ..........................-......................................................................12 1.11.2. OUTLINE SCOPE OF SERVICES OF THE OWNER'S CONSULTANT:......................................13 1.11.3. MONITORING, INSPECTION AND TESTING BY ABATEMENT CONTRACTOR:.....................14 1.11.4. ANALYSIS:..............................................................................................................................................14 2.1. PREABATEMENT ACTIVITIES:.....................................................................................................................15 2.1.1. PREABATEMENT MEETING:................................................................................................................15 2.1.2. PREABATEMENT INSPECTION AND PREPARATIONS:................................................................15 2.1.3. PREABATEMENT CONSTRUCTION AND OPERATIONS:..............................................................16 2.2. REMOVAL OF ACM AND ACE:......................................................................................................................16 2.2.1. WETTING MATERIALS:..........................................................................................................................16 2.2.2. SITE PREPARATION:.............................................................................................................................16 2.2.3. PERSONAL PROTECTION:...................................................................................................................16 2.2.4. EXTERIOR SOFFIT TEXTURE:............................................................................................................17 2.2.5. FIREPROOFING:......................................................................................................................................17 2.2.6. MASTIC UNDER FLOOR TILE:............................................................................................................19 2.2.7 SHEETROCK WALL AND CEILING JOINT COMPOUND AND TEXTURE:...................................20 2.2.8 HVAC DUCT TAPE...................................................................................................................................21 2.3. DISPOSAL OF ACM AND ACE WASTE MATERIAL:..................................................................................22 2.3.1. GENERAL:.................................................................................................................................................22 2.3.2. PROCEDURES:........................................................................................................................................22 2.4. PROJECT DECONTAMINATION:...................................................................................................................22 2.4.1. GENERAL:.................................................................................................................................................22 2.4.2. WORK AREA CLEARANCE:..................................................................................................................22 2.4.3. WORK DESCRIPTION:...........................................................................................................................22 2.4.4. PRE-DECONTAMINATION CONDITIONS: .........................................................................................23 2.4.5. FIRST CLEANING:...................................................................................................................................23 2.4.6. SECOND CLEANING: .............................................................................................................................23 2.4.7. PRE-CLEARANCE INSPECTION AND TESTING:.............................................................................23 2.4.8. LOCK-BACK ENCAPSULATION:..........................................................................................................23 s 2.5. FINAL AIR CLEARANCE TESTING...............................................................................................................24 2.5.1. GENERAL:.................................................................................................................................................24 2.5.2. FINAL TESTING:......................................................................................................................................24 2.5.3. FINAL TESTING PROCEDURES:.........................................................................................................24 2.5.4. SCHEDULE OF AIR SAMPLES WITH PCM:.......................................................................................24 2.5.5. LABORATORY TESTING FOR PCM:...................................................................................................25 2.5.7. FINAL AIR TESTING REQUIREMENTS: .............................................................................................26 2.6. ABATEMENT CLOSEOUT AND CERTIFICATE OF COMPLIANCE:.........................................................26 2.6.1. COMPLETION OF ABATEMENT WORK: ........26 2.6.2. CERTIFICATE OF COMPLETION BY CONTRACTORS:..................................................................26 Appendix A: Attachments Appendix B: Specification Drawings ASBESTOS REMOVAL PART 1 -GENERAL SECTION, ASBESTOS REMOVAL SPECIFICATIONS 1.1. SUMMARY OF THE WORK 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS: General provisions of the contract, including general and supplementary conditions, apply to the work of this section. The contract documents show the work of the contract and related re- quirements and conditions impacting the project. Related requirements and conditions include c applicable codes and regulations, notices and permits, existing site conditions and restrictions on use of the site, requirements for partial owner occupancy during work, coordination with oth- er work and phasing of work. Whenever there is a conflict or overlap of the above references, the more stringent provisions apply. 1.1.2. EXTENT OF WORK: A brief summary of the extent of the work and non-binding to the contract documents is as fol- lows: BASE BID: Removal and disposal of asbestos-containing materials (ACM) and asbestos-contaminated el- ements (ACE) utilizing wet methods within full, negative-pressure containments equipped with HEPA ventilation from specified areas of the buildings. The following asbestos- containing ma- terials (ACM)will be removed at the property where applicable. 1 Sheetrock Joint Compound and Texture: Regulated asbestos was identified in the sheetrock joint compound and texture on the first and second floor of the original con- struction of the building. There is approximately 9,685 square feet of the ACM on the first floor and 23,328 square feet on the second floor. In addition, there is approximately 2,000 square feet in the basement room B5. -- 2. Mastic Under Floor Tile: ACM in mastic was identified in the basement, first, and sec- ond floor of the original building construction. There is approximately 3,566 square feet of mastic in the basement; 1,574 square feet of mastic on the first floor; and, 17,144 -* square feet of mastic on the second floor of the original construction. 3. Fireproofing on Beams and Columns: It is assumed that ACM is on the fireproofing on the exterior beams around the perimeter of the building and in the air handling room and one column in the building. Previous asbestos abatements have removed most of the fireproofing on the interior of the structure. There is approximately 11,625 square feet of the fireproofing assumed remaining on the original building. 4. Exterior Stucco: ACM was identified on the exterior stucco on the soffits of the build- ing. There is approximately 20,106 square feet of the ACM on the original structure of the building. 5. Tape on HVAC System: ACM was identified on the HVAC duct tape used to seal the insulation. There is approximately 260 linear feet of the tape on the HVAC system in the new section of the building on the first floor. K DSHS License 10-5040 Expires 12-31-15 IHST Project#20106 Page 1 - ASBESTOS REMOVAL The Work Area will be inclusive of the locations and the quantities noted above, in the attached drawings, and as directed by a representative of IHST. The Work may be broken down into multiple Work Areas at the discretion of the Contractor. However, the Contractor will receive no additional time to perform the work on the basis of having multiple Work Areas and associated Cleaning Sequences. The Contractor will be responsible for the removal and disposal of the asbestos-containing ma- terial and asbestos-contaminated materials in accordance with Texas Department of State Health Services (TDSHS), OSHA 29 CFR 1926.1101, Asbestos Hazard Emergency Response Act (AHERA) 40 CFR Part 763, and the National Emission Standards for Hazardous Air Pollu- tants (NESHAP) Regulations 40 CFR Part 61. The CONTRACTOR shall be responsible for verifying existing site conditions and determining the quantity of ACM delineated for removal prior to abatement described in these specifications and associated drawings. 1.1.3. TASKS: The work, located at the facility, is summarized briefly as follows: The PROJECT requires the removal of the materials outlined in Section 1.1.2. The asbestos abatement will be performed in accordance with these specifications and procedures as out- lined. Power and Water Connections: The City of Fort Worth will furnish power and water for this project. Asbestos Removal within full Containment: The Contractor will use wet methods for all re- moval operations. The Contractor is responsible for prompt clean-up and disposal of waste and debris contaminated with asbestos in leak tight containers. The Contractor will conduct a wet decontamination of equipment and tools before final clearance sampling in the work area. The Contractor is responsible to assure that no trash or building debris is on the ground outside of the structures. The Contractor may want to have a general debris dumpster at the site to put trash in. The Contractor will use the existing interior walls and ceilings in the buildings to provide struc- tural support for an asbestos containment work area provided the containment remains sound and is not in danger of collapse. The Contractor should make every effort not to damage the in- terior walls of the building during the project. The Contractor will establish critical barriers over all openings into the work area. ACM debris should be adequately wetted prior to establishing perimeter critical barriers. YAK 41-�'DSHS License 10-5040 Expires 12-31-15 IHST Project#20106 Page 2 ASBESTOS REMOVAL The Contractor will remove the asbestos-containing material from the work area. Scaffolding will be erected on the perimeter of the building to allow a containment to be built to facilitate removal of the ACM in the exterior fireproofing and soffit texture. The full containment design must be structurally sound so that it will not collapse under negative pressure and work conditions. A structurally unsound containment design will not be ac- cepted. The full containment design will consist of one (1) layer of 6-mil polyethylene sheeting for all critical barriers, floors and walls. Two layers of polyethylene sheeting will be required on walls and floors not affected by the abatement. Polyethylene sheeting shall meet the requirements in accordance with current TDSHS rules. The Contractor must establish negative air into the containment and maintain a pressure differential of-0.02 inches of water as indicated by a working manometer. After the ACM has been removed and the work area cleaned, a detailed visual clearance in- spection will be conducted to determine if ACM or asbestos-contaminated elements (ACE) re- main prior to final clearance and work completion. OSHA personnel and area monitoring will be conducted with analysis by (PCM). Final air clearance sampling will be conducted utilizing PCM. Respiratory protection will require half-face, air-purifying respirators (APR) with NIOSH- approved P-100 (HEPA) cartridges during removal. The CONTRACTOR is responsible to verify site conditions and estimated quantities of - ACM to be removed. 1.1.4. CONTRACTORS USE OF PREMISES: Cooperate fully with the Owner's Representative to minimize conflicts and to facilitate Owner's safe and smooth usage of buildings. Perform the work in accordance with specifications, draw- ings, and phasing plan. 1.2. DIFFERING SITE CONDITIONS: The quantities and location of ACM indicated on the drawings and the extent of work included in this section are only best estimates which can be limited by the physical constraints imposed by structural enclosures or by occupancy of the building. The CONTRACTOR is responsible to verify site conditions and estimated quantities of ACM to be removed and determining the quantity of ACM delineated for removal prior to abatement described in these specifi- cations and associated drawings. The Contractor by placing a bid for this project agrees with all quantity estimates and there bid reflects there price to remove all of the material at all of the structures as identified in these specifications. J/441L'e* 640N40�'DSHS License 10-5040 Expires 12-31-15 IHST Project#20106 Page 3 ASBESTOS REMOVAL 1.3. STOP ASBESTOS REMOVAL: If the Owner's Representative presents a written Stop Asbestos Removal Order, immediately stop all asbestos removal and initiate fiber reduction activities. Do not resume asbestos removal until authorized in writing by Owner's Representative. A Stop Asbestos Removal Order will be issued at any time the Owner or Owner's Representative determines abatement conditions are not within specifications requirements. Stoppage will continue until conditions have been cor- rected. Standby time and cost required for corrective action is at Contractor's expense. The occurrence of the following events will be reported in writing to the Owner's Representative and will require the Contractor to automatically stop asbestos removal and initiate fiber reduction ac- tivities: A. Excessive airborne fibers outside containment area (0.01 f/cc or greater). B. Break in containment barriers. C. Loss of negative air pressure (at or above 0.01 inches of water) D. Serious injury within the containment area. E. Fire and safety emergency F. Respiratory system failure. G. Power failure. H. Excessive airborne fibers inside containment area (0.1 f/cc or greater when wet methods are employed). 1.4. CODES AND REGULATIONS: 1.4.1. GENERAL APPLICABILITY OF CODES, REGULATIONS AND STANDARDS: Except to the extent that more explicit or more stringent requirements are written directly into the contract documents, all applicable codes, regulations, and standards have the same force and effect (and are made a part of the contract documents by reference) as if copied directly in- to the contract documents, or as if published copies are bound herewith. 1.4.2. CONTRACTOR RESPONSIBILITY. The Asbestos Abatement Contractor will assume full responsibility and liability for the compli- ance with all applicable federal, state, and local regulations pertaining to work practices, hauling and disposal of ACM and ACE, and protection of workers, visitors to the site, and persons oc- cupying areas adjacent to the site. Contractor is responsible for providing medical examinations and maintaining medical records of personnel as required by the applicable federal, state, and local regulations. Contractor will hold the Owner and Consultants harmless for failure to comply with any applicable work, hauling, disposal, safety, health or other on the part of himself, his employees, or his subcontractors. Contractor incurs all costs to comply with OSHA regulations. The Abatement Contractor will determine the applicability of any process patents he/she may be employing and be responsible for paying any fees, royalties or licenses that may be required for the use of patented processes. 1.4.3. STATE REQUIREMENTS: State requirements which govern asbestos abatement work or hauling and disposal of asbestos waste materials include but are not limited to the following: IHST Project#20106 Page 4 ASBESTOS REMOVAL Texas Department of State Health Services, Texas Asbestos Health Protection Act, as amend- ed, Chapter 1954, Texas Occupations Code, effective June 1, 2003, formerly Texas Civil Stat- utes, Article 4477-3a. 1.4.4. LOCAL REQUIREMENTS: r The Contractor is responsible to comply with all applicable local requirements regarding asbes- tos abatement activities. 1.4.5. NOTICES: STATE OF TEXAS, TEXAS DEPARTMENT OF STATE HEALTH SERVICES r Send Written Notification as required by the State of Texas, Asbestos Health Protection Act, as amended, Chapter 1954, Texas Occupations Code, effective June 1, 2003, formerly Texas Civil Statutes, Article 4477-3a. Send at least 10 working days prior to asbestos abatement activities to the following address: Texas Department of State Health Services Toxic Substances Control Division Asbestos Programs Branch P.O. Box 143538 Austin, Texas 78714-3538 512-834-6600 or 1-800-572-5548 The notifications must be completely filled out. In the event that a section is not applicable to the project, the section must be marked as not applicable. Copies of the Texas Department of State Health Services and other notifications will be submit- ted to the Owner for the facility's records in the same time frame that notification is given to EPA, state, and local authorities. In the event of a change in the starting date the Contractor will notify regulatory agencies in accordance with the Texas Department of State Health Services (Texas Civil Statutes, Article 4477-3a, Section 12) asbestos regulations. 1.4.6. PERMITS: The Contractor will be responsible for any permits. 1.4.7. LICENSES: Maintain current licenses as required by the Texas Department of State Health Services Rules as adopted under Texas Civil Statutes, Article 4477-3a, Section 12 for the removal, transporting, disposal or other regulated activity relative to the work of this contract. 1.4.8. POSTING AND FILING OF REGULATIONS: Maintain two (2) copies of applicable federal, state and location regulations. Post one copy of each at the job site where workers will have ready, easy and daily exposure to the text. Keep on file in Contractor's office one copy of each. IHST Project#20106 Page 5 ASBESTOS REMOVAL I.S. PROJECT COORDINATION: Minimum administrative and supervisory requirements necessary for coordination of work on the project are personnel, contingency arrangements and security. 1.5.1. PERSONNEL: .R Administrative and Supervisory Personnel: will consist of a qualified general superintendent, and appropriate number of qualified or competent foremen to complete abatement within con- tract time. Non-Supervisory Personnel: An adequate number of qualified personnel will be able to meet the schedule requirements of the project. 1.6. RESPIRATORY PROTECTION: 1.6.1. GENERAL: Provide respiratory protection in accordance with these specifications, the OSHA regulations 29 CFR 1910.1001, 29 CFR 1910.134 and 29 CFR 1926.1101, EPA regulations 40 CFR 763.120, 121, ANSI standards 288.2-1980, CGS Pamphlet G-7 and specification G-7.1, the NIOSH and MSHA standards and the Texas Department of State Health Services Protection Rules. In case of conflict, the most stringent requirements are applicable for this project. 1.6.2. RESPIRATORS FOR ABATEMENT OPERATIONS: Where a person is or could reasonably be expected to be exposed during abatement operations to airborne asbestos above 0.1 f/cc or where ACM debris is visible, the following maximum level of respiratory protection is required: If it is reasonably anticipated that fiber counts generated during abatement will not exceed the protection factor of a half-face respirator, and this can be verified by on-site fiber counts, a half-face respirator may be used. If verification cannot be made, a full face PAPR must be used. PAPR must be used for friable surfac- ing or thermal system insulation removal until fiber counts are confirmed consist- ently below the PEL and STEL. Head coverings: PAPR respirators will be equipped with full facepieces. Full facepieces will be worn with either a bonnet-type disposable head cover/hood or with a full head cover/hood which is part of a fully encapsulating protective garment. Respirator straps will be located under the hoods. This allows removal of the head covering prior to showering without disturbing the respi- rator(which is worn into the shower). Exemptions from maximum respiratory protection during abatement operations: When the abatement contractor has demonstrated to the Owner's satisfaction that levels of airborne as- bestos fibers in the work area are consistently below 0.1 f/cc, a full facepiece or half face respi- rator with HEPA cartridges may be used. The Certified Industrial Hygienist will determine if a lesser form of respiratory protection may be used. IHST Project#20106 Page 6 ASBESTOS REMOVAL 1.7. WORKER PROTECTION: 1.7.1. TRAINING PRIOR TO ENGAGING IN ABATEMENT WORK: Train workers in accordance with OSHA 29 CFR 1926.1101 and the Texas Asbestos Health Protection Rules and this section. Workers will be trained and be knowledgeable on the follow- ing topics: Methods of recognizing ACM; health effects of asbestos exposure; effects of smok- ing and asbestos exposure; activities that could result in hazardous exposures; protective con- .� trols, practices and procedures to minimize exposure including engineering controls, work prac- tices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamina- tion procedures, emergency procedures and waste transportation and disposal; review OSHA 29 CFR 1910.134 for respirators; medical surveillance program; review OSHA 29 CFR 1926.1101, and for air monitoring, personnel and area; review this section of the project specifi- cations. 1.7.2. MEDICAL EXAMINATIONS: Provide medical examinations for all workers and any other employee entering the work area per OSHA 29 CFR 1926.1101 regardless of exposure levels. 1.7.3. PROTECTIVE CLOTHING: Provide boots, safety glasses and gloves for all workers. Equipment will meet OSHA require- ments for personal protection. Provide all persons entering the work area with disposable full body coveralls, disposable head covers and rubber boots. 1.7.4. ENTERING AND EXITING PROCEDURES: Provide worker protection per most stringent applicable requirements. Provide as a minimum the following: 's Ensure that each time workers enter the work area, they remove all street clothes in the chang- ing room of the personnel decontamination unit and put on new disposable coveralls, new head covers, and clean respirators, then proceed through shower room to equipment room, and put on work boots. 1.7.5. DECONTAMINATION PROCEDURES: Require all workers to adhere to the following personal decontamination procedures whenever they leave the work area of a full decontamination unit: i Three-stage Wet Decontamination: Require that all workers use the following decontamination procedure as a minimum require- ment whenever leaving the work area: 1. When exiting work area, remove disposable coveralls, and all other clothes disposable o... head covers, and disposable footwear covers or boots in the equipment room. 2. Still wearing respirators, and completely naked proceed to showers. Showering is man- datory. Care must be taken to follow reasonable procedures in removing the respirator IHST Project#20106 Page 7 ASBESTOS REMOVAL to avoid asbestos fibers while showering. The following procedure is required as a min- imum: a. Thoroughly wet body including hair and face. If using a Powered Air-Purifying Respi- rator(PAPR) hold blower unit above head to keep canisters dry. b. With respirator still in place thoroughly wash body, hair, respirator face piece, and all parts of the respirator except the blower unit and battery pack on a PAPR. Pay par- ticular attention to clean seal between face and respirator and under straps. c. Take a deep breath, hold it and/or exhale slowly, completely wet hair, face, and respi- rator. While still holding breath, remove respirator and hold it away from face before starting to breath. 3. Carefully wash facepiece of respirator inside and out. If using PAPR, shut down in the following sequence, first cap inlets to filter cartridges, then turn off blower unit (this se- quence will help keep debris which has collected on the inlet side of filter from dislodging and contaminating the outside of the unit). Thoroughly wash blower unit and hoses. Carefully wash battery pack with wet rag. Be extremely cautions of getting water in bat- tery pack as this will short out and destroy battery. 4. Shower completely with soap and water. Rinse thoroughly. 5. Rinse shower room walls and floor prior to exit. 6. Proceed from shower to Changing Room and change into street clothes or into new dis- posable work items. Air Purifying-Negative Pressure Respirators: Require that all workers use the following decontamination procedure as a minimum require- ment whenever leaving the work area with a full face cartridge type respirator: 1. When exiting area, remove disposable coveralls, and all other clothes disposable head- covers, and disposable footwear covers or boots in the equipment room. 2. Still wearing respirators and completely naked, proceed to showers. Showering is man- datory. Care must be taken to follow reasonable procedures in removing the respirator and filters to avoid asbestos filters while showering. The following procedure is required as a minimum: a. Thoroughly wet body from neck down. Wet hair as thoroughly as possible without wetting the respirator filter if using an air purifying type respirator. b. Take a deep breath, hold it and/or exhale slowly, complete wetting of hair, thoroughly wetting face, respirator and filter (air purifying respirator). While still holding breath, remove respirator and hold it away from face before starting to breath. 3.Dispose of wet filters from air purifying respirator. 4.Carefully wash facepiece of respirator inside and out. 5.Shower completely with soap and water. Rinse thoroughly. 6.Rinse shower room walls and floor prior to exit. 7. Proceed from shower to Changing Room and change into street clothes or into new disposable work items. 1.7.6. LIMITATIONS WITHIN WORK AREA: Ensure that workers do not eat, drink, smoke, chew gum or tobacco, or in any way break the protection of the respiratory protection system in the work area. IHST Project#20106 Page 8 .s ASBESTOS REMOVAL 1.8. DECONTAMINATION FACILITIES: s 1.8.1. DESCRIPTION: Provide each work area with separate personnel decontamination facility (PDF) and equipment decontamination facility (EDF). Ensure that the PDF is the only means of ingress and egress for the work area and that all equipment, bagged waste material and other material exit the work area only through the EDF or the PDF. 1.8.2. GENERAL REQUIREMENTS: All persons entering and exiting the work area will follow the entry and exit procedures required .� by the applicable regulations and these specifications. Process all equipment and material exit- ing the work area through the EDF or PDF and decontaminate as required by the specifications. Construct walls and ceilings of PDF and EDF airtight with at least 6 mil polyethylene sheeting and attach to existing building components or to a temporary framework. The EDF and PDF may be combined if the size of the work area will not permit both. Use a minimum of two layers of 6-mil opaque polyethylene to cover floor under PDF. Construct doors from overlapping polyethylene sheets so that they overlap adjacent surfaces. Weight sheets at bottom so that they quickly close after release. Put arrows on sheets showing direc- tion of overlap and travel. 1.8.3. TEMPORARY UTILITIES TO PDF AND EDF: Provide temporary water service connection to the PDF and the EDF. Provide backflow protec- tion at the point of connection to the Owner's system. Water supply must be properly pressured and temperature balanced at shower discharge. Pro- vide adequate temporary electric power with ground fault protection and overhead wiring throughout the PDF and the EDF. Provide a sub-panel for all temporary power in changing room. Provide adequate lighting to reach 50 foot candles throughout PDF and EDF. Provide temporary heat to maintain 70°F throughout the PDF and EDF except that the shower of the PDF will be maintained at 75°F. 1.8.4. DECONTAMINATION FACILITIES(DF): Provide a PDF consisting of serial arrangement of clean room, showers room and equipment room. Provide adequately sized DF to accommodate the number of employees scheduled for the project. The center chamber of the three chamber DF will be fitted with as many portable walk through shower stalls as necessary so that all employees will be able to go through the en- tire decontamination procedure within 15 minutes. Construct DF of opaque or colored polyeth- ylene for privacy. Construct DF so that it will not allow for parallel routes of exit without shower- ing. IHST Project#20106 Page 9 y ASBESTOS REMOVAL 1.9. NEGATIVE PRESSURE FILTRATION SYSTEMS: The Asbestos Abatement Contractor will provide enough HEPA-filtered negative air units to completely exchange the work air four (4) times per hour. Contractor will demonstrate the num- ber of units needed per work area for 4 room air changes by calculating the volume flow rate (cfm) delivered by each unit under 2" pressure drop across filters. Provide at least one standby unit in the event of a machine failure or emergency such as contamination in surrounding non- work area. When a pressure differential system is selected provide enough HEPA filtration units to filter and recirculate the air in the work area at a rate of four (4) room air changes per hour. 1.9.2. PRESSURE DIFFERENTIAL: Provide a fully operational negative air system within the work area continuously maintaining a pressure differential across work area enclosures of-0.02 inches of water. Demonstrate to the Owner's Representative the pressure differential by use of a pressure differential meter or a manometer, before disturbance of any asbestos containing materials. This pressure differential will be used for either negative air system or pressure differential system. 1.9.3. MONITORING: Continuously monitor and record the pressure differential between the work area and the build- ing outside of the work area with a monitoring device incorporating a strip chart recorder. Make the strip chart record part of the project log. 1.9.4. TESTING THE SYSTEM: Test negative-pressure system before any ACM is wetted or removed. After the work area has been prepared, the decontamination facility set up, and the exhaust unit(s) installed, start the unit(s) (one at a time). Demonstrate operation and testing of negative-pressure system to the Owner's Representative. 1.9.5. DEMONSTRATION OF NEGATIVE AIR SYSTEM OPERATION: Demonstrate the operation of the negative-pressure system to the Owner's Representative to include, but not be limited to, the following: 1. Demonstrate pressure differential system will maintain -0.02" of water. 2. Emergency shutoff will operate in case of fire. 1.9.6. USE OF SYSTEM DURING ABATEMENT OPERATIONS: Start exhaust units before beginning work(before any ACM is disturbed). After abatement work has begun, run units continuously to maintain a constant negative-pressure until decontamina- tion of the work area is complete. Do not turn off units at the end of the work shift or when abatement operations temporarily stop. Do not shut down negative air system during abatement operations procedures, unless author- ized by the Owner's Representative in writing. The systems may be shut down daily if air moni- toring in the containment shows airborne levels of less than 0.01 fibers/cc. IHST Project#20106 Page 10