HomeMy WebLinkAboutContract 30473 CITY SECRETARY
CONTR ' CT NO.
CONTRACT
BETWEEN
CITY OF FORT WORTH
AND
EAGLE CONSTRUCTION &
ENVIRONMENTAL SERVICES, L.P.
PROJECT # DEM04-04:ERS
EMERGENCY RESPONSE SERVICES FOR
ENVIRONMENTAL HAZARDS
AUGUST 2004
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:T NO.
CONTRACT FOR EMERGENCY RESPONSE SERVICES
t FOR ENVIRONMENTAL HAZARDS
This agreement is entered into by and between the City of Fort Worth, Texas, a home-
rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called
"City," acting herein through Charles Boswell, its duly authorized Assistant City Manager, and
Eagle Construction & Environmental Services, L.P. acting herein by and through
Marc W. Walraven, its duly authorized vice President , hereinafter called "Contractor".
WHEREAS, the City desires to hire a professional firm knowledgeable and experienced
in providing environmental emergency response services; and,
WHEREAS, the Contractor has represented that it is staffed with personnel
knowledgeable and experienced in providing environmental emergency response services.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract,the City and the Contractor agree as follows:
I.
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows:
A. Ci ,tis Representative means the Director of the Department of Environmental
Management or his designee.
B. Contract Document means the Proposal Documents, Specifications attached as exhibit B,
and this contract.
C. Deliverable Document means a report, photograph, or an invoice that shows the
completion of one of the work tasks and/or subtasks.
D. Environmental Damages shall mean all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without
limitation reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred as a result of handling, collection, traiisportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a
violation of environmental requirements pertaining to, and including without limitation:
1. Damages for personal injury and death, or injury to property or natural.resoure=_ _ _.-
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Services Contract CRP0616.04v3
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'shk 2. Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs in connection with the investigation or remediation
of such wastes or violation of environmental requirements including, but not
limited to, the preparation of any feasibility studies or reports of the performance
of any cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local
governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of environmental
requirements, and including without limitation any attorney's fees, costs and
expenses incurred in enforcing this contract or collecting any sums due hereunder;
and,
3. Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in sub-
paragraph 2 of this part.
E. Environmental requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, 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
AMW the environment, including without limitation:
1. All requirements, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials,pollutants, contaminants or
hazardous or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or
relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and
2. All requirements pertaining to the protection of the health and safety of
employees or the public.
F. Hazardous materials means those materials defined as hazardous by the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801 et seq.
G. Hazardous substance means any substance designated pursuant to 33 U.S.C. § 1321
(b)(21)(A); any element, compound, mixture, solution, or substance designated pursuant
to 42 U.S.C. § 6921, the Solid Waste Disposal Act (but not including any waste the
regulation of which under the Solid Waste Disposal Act has been suspended by Act of
Congress; any toxic pollutant listed under 33 U.S.C. § 1317(a); any hazardous air
A01b, pollutant listed under 42 U.S.C. § 7412, the Clean Air Act; and any imminently
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Services Contract CRP06.16.04v3 Page 2
hazardous chemical substance or mixture with respect to which the Administrator has
taken action pursuant to 15 U.S.C. § 2606. The term does not include petroleum,
including crude oil substance under any of the above references, and the term does not
include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for
fuel (or mixtures of natural gas and such synthetic gas).
H. Hazardous waste means any solid waste identified or listed as a hazardous waste by the
administrator of the United States Environmental Protection Agency pursuant to the
federal Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, 42 U.S.C. §§6901 et seq., as amended.
I. Notice to Proceed means oral notice by an authorized representative of the Department of
Environmental Management that authorizes Contractor to mobilize to the work site.
Contractor shall upon arrival at the work site make contact with the Department of
Environmental Management or Fire Department Incident Commander on the scene for
further direction.
J. Oil means any kind of oil in any form, including, but not limited to, petroleum, fuel oil,
crude oil, or any fraction thereof which is liquid at standard conditions of temperature
and pressure, sludge, oil refuse, and oil mixed with waste.
K. Order of Cessation means an oral notice from the City's Representative to halt
immediately further work under this contract.
L. Pollutant means dredged spoil; solid waste; incinerator residue, filter backwash; sewage
(including sewage from boats); garbage; sewage sludge' munitions; medical wastes;
chemical wastes; biological materials' toxic materials; radioactive materials; heat,
wrecked or discarded equipment; rock; sand; cellar dirt; industrial, municipal,
recreational, agricultural and other waste; and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
M. Proposal Documents means Request for Proposal DEM04-04:ESR and all ancillary
documents required to be submitted with the proposal.
N. Respond within one hour means that within one hour after notification and authorization
for action by City, Contractor shall be at the work site with sufficient personnel,
materials, and equipment necessary to effectuate an adequate response. The adequacy of
the response shall be determined in the sole reasonable judgment of the City.
O. Responsible Party means the owner or operator of a vehicle, pipeline, or facility from
which there has been a release or a threatened release of toxic or hazardous substances,
materials, or wastes; oil or petroleum substance; pollutants; or contaminants.
P. 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.
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r II.
TERM
The initial term of this contract shall be for a period of twelve (12) months, beginning on
the date this contract is fully executed. In addition to the initial term, City, at its sole option,
shall have the right to renew this agreement under the same terms, conditions, and for the same
compensation for up to two (2) consecutive one (1)year renewal terms. The City may renew this
agreement by the City Manager executing a renewal agreement and City Council appropriating
the funds. Provided, however, the term of this contract shall be extended for such period of time
as may be necessary for the Contractor to complete any work that is in progress.
III.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor shall perform in a good and professional manner the services listed in this
contract, and those identified in the City's request for proposal dated March 4, 2004, and
in the manner in which Contractor responded to City's request for proposal. Both the
City's request for proposal and the Contractor's responses are attached hereto as exhibit
A and incorporated into this contract as if fully set forth herein. Any conflict between
such documents and the main body of this contract shall be governed as follows: the
terms of this contract shall prevail, followed by the terms of the request for proposal, and
then followed by the Contractor's response.
B. Contractor shall respond WITHIN ONE HOUR of the receipt of the Notice to Proceed
to a release or threatened release of toxic or hazardous substances, materials, or wastes;
oil or petroleum substance; pollutants; or contaminants, and shall provide the necessary
personnel, materials, and equipment for an adequate response. The adequacy of the
response shall be determined by the sole reasonable judgment of the City.
C. Upon request by the City, Contractor shall collect samples and have analytical testing
performed to assist in the characterization and profiling of waste for disposal. All
analytical testing shall be performed at the laboratory designated by the City. The cost
for analytical testing shall be the responsibility of the City.
D. Contractor shall negotiate approval with the City for profiled waste and make
arrangements for disposal if the waste is Class II Non-Hazardous Waste. If the waste is
either Hazardous or Class I Non-Hazardous Waste, the Contractor shall contact the City
to make arrangements for disposal through the hazardous waste disposal company under
separate contract with the City
E. Contractor shall assist the Fort Worth Fire Department, under Fire Department command
direction, in confined space entry or reactive chemical ordinance until command is
passed from Fire Department to other City staff control.
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F. Contractor shall provide on-site remediation of wastes as requested, including, but not
00111 limited to bio-remediation.
G. Contractor shall provide transportation of hazardous and non-hazardous solid and liquid
wastes to the appropriate disposal location. Contractor shall also provide all the labor,
materials, and equipment necessary for the removal, packaging, transporting and disposal
of spill, abandoned waste, and other environmentally hazardous materials on an as-
needed basis.
H. Contractor shall provide sorbent products to the City on an as-needed basis.
I. Order of Cessation:
1. City may issue an Order of Cessation under the following circumstances:
a. Contractor has entered into an agreement with Responsible Parry for
remediation services at the work site. In that event, City shall have no
further responsibility to the Contractor after the agreement with the
Responsible Parry has been executed;
b. Responsible Parry has entered into an agreement with another contractor
to perform remediation services at the work site, and that contractor has
arrived on scene; or
AM-
C. At any time City determines that the work is being carried out in a
hazardous or unlawful manner.
2. After being given an Order of Cessation pursuant to I.b. above, Contractor shall
cancel their response if in route to the scene or take all appropriate steps to turn
control of the remediation over to Responsible Party's contractor.
3. After being given an Order of Cessation pursuant to l.c. above, Contractor shall
immediately turn control of in-use containment or sorbent products over to City,
and perform demobilization activities.
J. Following an Order of Cessation or completion of response action, Contractor shall
provide a comprehensive report of the actions taken on behalf of the City of Fort Worth
within five (5) days. The written report shall include a summary of all actions including
final cleanup and the name of the City employee who initially contacted the Contractor
for response. This report shall accompany the invoice submitted for the work.
Contractor shall further provide City with fully executed copies of Waste Manifests
within 30 calendar days of waste shipments. No payment shall become due and payable
until all pertinent Waste Manifests have been delivered to the City. Contractor shall
provide all paperwork and documentation needed to complete waste shipments.
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K. Contractor certifies that it has and will maintain during the term of this Contract, current
A61hand appropriate federal, state, and local licenses and permits to perform this contract. In
addition, Contractor agrees to require any of its subcontractors used to perform this
contract to have and maintain current and appropriate federal, state and local licenses and
permits to perform this contract; and
L. Contractor certifies that it has and will maintain the required insurance listed in Article
VII.
IV.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. Designate a City representative to provide timely direction to the Contractor, render City
decisions and to accompany Contractor to the work site;
B. Coordinate with City facilities, City departments, and any tenants;
C. Provide site access; and
D. Arrange, coordinate, and take any and all actions reasonably necessary to obtain and
secure ingress and egress to emergency response sites. Contractor herein agrees that it
�► will attempt entrance to an emergency response site only upon authorization by the City.
V.
SUBCONTRACTORS
If Contractor desires to subcontract any service(s) listed under Article III, "Scope of
Contractor's Services" of this Agreement, Contractor agrees to obtain the City's written
acceptance of such subcontractor(s) before allowing any subcontractor(s) to perform
designated service or services. Failure of the Contractor to obtain the City's written
acceptance of any and all of the Contractor's subcontractors used in the performance of
this _agreement shall be grounds for automatic termination. In addition, Contractor
acknowledges that City may, at City's own discretion, perform on-site audits of all proposed
subcontractors' facilities in order to determine acceptability of the Subcontractor(s).
VI.
COMPENSATION
A. In consideration for the work performed by Contractor under this contract, City shall pay
Contractor a sum not to exceed $25,000. In the event of a disputed or contested billing,
only that portion so contested will be withheld from payment, and the undisputed portion
will be paid. The City will exercise reasonableness in contesting any bill or portion thereof
No interest will accrue on any contested portion of the billing until mutually resolved.
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AW B. At the end of each month that this contract is in effect, Contractor shall provide City a
written report detailing the total amount paid to date, any retainage held by the City, and
an itemized list of work in progress in order that the City can assess the need to amend
this contract to provide for an increase in the maximum fee allowable.
C. Contractor shall receive no compensation for delays or hindrances to the work, except
when direct and unavoidable extra cost to Contractor is caused by City's failure to
provide information, if any, which it is required to do provide under this agreement.
When extra compensation is claimed, a written itemized statement detailing any and all
justifications for delays incurred shall be presented to the City.
VII.
INSURANCE
A. The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the terms of this contract. Prior to commencing
work, the Contractor shall deliver to the City certificates documenting this coverage. The
City may elect to have the Contractor submit its entire policy for inspection.
B. Contractor also certifies that if it uses a subcontractor in the performance of this
agreement each subcontractor shall have, at a minimum, current insurance coverage as
detailed below and will maintain it throughout the terms of this contract or such
subcontractor shall be covered under Contractor's insurance.
C. Commercial General Liability Insurance: $1,000,000 each occurrence, $2,000,000
aggregate.
Coverage shall include but not be limited to the following: premises, operations,
independent contractors, products/completed operations, personal injury and contractual
liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the
current Insurance Services Office (ISO) policy. Sudden pollution coverage may not be
excluded by endorsement. All endorsed exclusions are subject to review of the City in order
to determine if the exclusions are acceptable.
D. Professional Liability Insurance: $1,000,000 each ocurrence.
E. 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/person;
$200,000 Property damage.
F. Uninsured/Underinsured Motorist:
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Aft, $20,000 Bodily Injury each person;
$40,000 Bodily Injury each accident;
$15,000 Property Damage each accident.
G. Worker's Compensation: Statutory limits for Worker's Compensation plus employer's
liability at a minimum:
$1,000,000 each accident;
$500,000 disease-policy limit; and
$1,000,000 disease-each employee.
H. Environmental Impairment Liability(EIL)and/or Pollution Liability:
1. $1,000,000 per occurrence. EIL coverage(s) must be included in policies listed in
items A and B above; or, such insurance shall be provided under separate policy(s).
Liability for damage occurring while loading, unloading and transporting materials
collected under the contract project shall be included under the Automobile Liability
insurance or other policy(s).
2. NOTE: BETWEEN A AND F ABOVE, ANY POLLUTION EXPOSURE,
INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY,
ASSOCIATED WITH THE SERVICES AND OPERATIONS
PERFORMED UNDER THIS CONTRACT SHALL BE COVERED; IN
ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR
POLLUTION LIABILITY FOR GRADUAL EMISSIONS. CLEAN-UP
COSTS SHALL ALSO BE COVERED.
I. The following shall pertain to all applicable policies of insurance listed above, and shall be
annotated accordingly:
66
1. Each insurance policy required by this Contract, except for Workers Compensation
insurance and professional liability insurance policies shall be endorsed with the
following Additional Insured Endorsement: `The City of Fort Worth, its officers,
agents, employees, representatives, and volunteers are added as additional
insureds as respects operations and activities of, or on behalf of the named
insured, performed under contract with the City of Fort Worth.' Reasonably
equivalent terms may be acceptable at the sole discretion of the City of Fort
Worth, and upon prior approval.
112. Subcontractors shall be covered under the Provider's insurance policies or they shall
provide their own insurance coverage; and, in the latter case, documentation of
coverage shall be submitted to the Provider prior to the commencement of work and
the Provider shall deliver such to the City.
AW
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Services Contract CRP06.16.04v3 Page 8
AW 113. Prior to commencing work under the contract, the Provider shall deliver to the City
of Fort Worth insurance certificate(s) documenting the insurance required and terms
and clauses required.
114. Each insurance policy required by this contract shall contain the following clause or
reasonably equivalent terms:
'This insurance policy shall not be canceled, limited in scope or
coverage, or non-renewed until after thirty (30) days prior written
notice has been given to the Director of Environmental
Management. City of Fort Worth, 1000 Throckmorton, Fort Worth,
TX 76102-6311.'
"5. The insurers for all policies must be approved to do business in the State of Texas
and be currently rated in terms of financial strength and solvency to the satisfaction
of the Risk Manager for the City of Fort Worth. The City's standard is an A. M.
Best Key rating A:VII.
116. The deductible or self-insured retention (SIR) affecting the coverage required shall
be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of
traditional insurance, alternative coverage maintained through insurance pools or
risk retention groups must be also approved."
VIII.
INDEMNIFICATION
A. GENERAL INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR
CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR
DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF
THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS,
AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY
OTHER PERSON OR ENTITY.
B. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS,
AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE
VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE REMOVAL, PACKAGING, TRANSPORTING AND
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DISPOSING OF ENVIRONMENTALLY HAZARDOUS MATERIALS
PURSUANT TO THIS CONTRACT.
C. The obligations of the Contractor under this Paragraph shall include, but not be limited
to, the burden and expense of defending all claims, suits and administrative proceedings
(with counsel reasonably approved by City), even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any description, and
paying and discharging, when and as the same become due, any and all judgments,
penalties or other sums due against such indemnified persons.
D. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder
to indemnify, City shall provide Contractor with reasonably timely notice of same.
E. The obligations of the Contractor under this Paragraph shall survive the expiration of this
contract and the discharge of all other obligations owed by the parties to each other
hereunder.
F. In all of its contracts with subcontractors for the performance of any work under this
contract, Contractor shall require the subcontractors to indemnify the City in a manner
consistent with this Article VIII.
G. In the event City receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor
either
1. submits to Owner satisfactory evidence that the claim has been settled and/or a
release from the claimant involved, or
2. provides Owner with a letter from Contractor's liability insurance carver that the
claim has been referred to the insurance carrier.
IX.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards that are present to persons, property and the environment by providing remediation,
abatement, packing, transporting, and disposal of hazardous, special and solid waste. 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.
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X.
'P&I LICENSES AND PERMITS
A. Contractor certifies that on the day work is to commence under this contract and during
the duration of the contract, it shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
contract.
B. Contractor also certifies that if it uses any subcontractor in the performance of this
agreement, that such subcontractor shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
contract.
XI.
TERMINATION
A. City may terminate this contract without cause by giving 30 days' written notice to
Contractor, provided that such termination shall be without prejudice to any other remedy
the City may have. In the event of termination, any work in progress will continue to
completion unless specified otherwise in the notice of termination.
B. If the City terminates this contract under sub-paragraph A of Paragraph XI, City shall pay
contractor for all services performed prior to the termination notice.
C. All completed or partially completed original documents prepared under this contract
shall become the property of the City when the contract is terminated, and may be used
by the City in any manner it desires; provided, however, that the Contractor shall not be
liable for the use of such documents for any purpose other than as described when
requested.
D. In the event either party defaults in the performance of any of its obligations under this
contract, misrepresents to the other a material fact, or fails to notify the other party of any
material fact which would affect the party's performance of its obligations hereunder, the
non-defaulting party shall have a right to terminate this contract upon giving the
defaulting party written notice describing the breach or omission in reasonable detail.
The defaulting party shall have a thirty (30) day period commencing upon the date of
notice of default in which to effect a cure. If the defaulting party fails to effect a cure
within the aforesaid thirty (30) day period, or if the default cannot be cured, the contract
shall terminate as of the date provided in the notice of default.
XII.
DEFAULT
A. Contractor shall not be deemed to be in default because of any failure to perform under
this contract, if the failure arises from causes beyond the control and without the fault or
negligence of Contractor. Such causes shall include acts of God, acts of the public
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i
enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood,
401h, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather.
B. 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. Contractor shall pay all costs and attorneys
fees incurred by City in the enforcement of any provision of this contract.
C. The remedies provided for herein are in addition to any other remedies available to City
elsewhere in this contract.
XIII.
RIGHT TO AUDIT
A. Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this contract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this contract. Contractor agrees that the City shall have access
during normal working hours to all necessary Contractor facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this Article. City shall give Contractor reasonable advance notice of intended
audits.
B. Contractor further agrees to include in all its subcontractor agreements 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 and the right to
examine and photocopy any directly pertinent books, documents,papers and records of such
subcontractor, involving transactions to the subcontract, and further, that the City shall have
access during normal working hours to all subcontractor facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article City shall give subcontractor reasonable advance notice of intended
audits.
C. Contractor and subcontractor agree to photocopy such documents as may be requested by
the City. The City agrees to reimburse Contractor and/or subcontractor for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the time
copying is performed
XIV.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Contractor shall perform all work
„W and services hereunder as an independent contractor, and not as an officer, agent, servant or
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employee of the City. Contractor shall have exclusive control of and the exclusive control of and
0011' the exclusive right to control the details of all the work and services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The
doctrine of respondeat superior shall not apply as between City and Contractor, its officers,
agents, employees, contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Contactor.
XV.
NON-DISCRIMINATION
A. During the performance of this contract, Contractor agrees not to discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin, except where religion, sex or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the Contractor. Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of the non-discrimination clause.
B. Contractor also agrees that in all solicitations or advertisements for employees placed by
or on behalf of this contract, that Contractor is an equal opportunity employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
Paragraph.
XVI.
GOVERNING LAW
The City and Contractor agree that the laws of the State of Texas shall govern the validity
and construction of this contract, except where preempted by federal law.
XVII.
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.
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AW XVIII.
MODIFICATION
No modification of this Contract shall be binding on Contractor or the City unless set out
in writing and signed by both parties. Modifications shall be in the same format as the final
specification showing the change or addition of a task, project schedule, deliverable
document(s), and schedule of payments.
XIX.
ENTIRETY
This contract, the contract documents and any other documents incorporated by reference
herein contain all the terms and conditions agreed to by the City and Contractor, and no other
contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall
have any validity or bind any of the parties hereto.
XX.
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.
XXI.
NOTICE
Notices required to be made under this contract shall be sent to the following persons at
the following addresses; provided, however, that each party reserves the right to change its
designated person for notice, upon written notice to the other party of such change:
If to City:
Written notice shall be sent to;
Brian Boerner, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
(817) 392- 6647; FAX (817) 392-6359
AW
{
Emergency Environmental Response
Services Contract CRP06.16.04v3 Page 14:, ; s
t
ooh� If to Contractor:
Name of Company: Eagle Construction& Environmental Services, L.P.
Name of Contact Person: Marc W. Walraven
Address: P. 0. Box 872
Eastland, Texas 76448
Telephone: 254/629-1718 Fax 254/629-8625
XXII.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and
conditions of this contract, venue for said action shall be in Tarrant County, Texas.
XXIII.
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.
XXIV.
AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate
originals in Tarrant County, Texas.
City ort Worth Eagle Construction & Environmental
Services, L.P.`
Assistant City Manager President or Vice President
Emergency Environmental Response
Services Contract CRP06.16.04v3 9 Page 15
00,11
APPROVED AS TO FORM WITNESS:
C�M
� P
Assistant INty Attorney
Name: $., iuh
Title: ice
E NL
ATTEST: CORP TE N"L: ,
PEX
Marthf Hendrix, NY Secretary
0 DaaL
Contract Authorizaitioa
p)-jC)-rq
Date
Emergency Environmenial Response
Services Contract CRP06.16.04v3 Page 16
CONTRACTOR COMPLIANCE WITH
#01k WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that
it provides workers' compensation insurance coverage for all of its employees employed
on City of Fort Worth Department of Environmental Management Project No. DEM04-
04:ES R.
Eagle Construction &
Environme/nta! Services. L.P.
By. 15
Marc W. Walraven
Vice President of the G.P.
Title
August 19, 2004
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
Aft Marc W. Walraven , known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of Eagle Canstruction and Rwircrrmtal Serzirps, L.P. for the purposes and
consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office thisl9th day of August , 20 04
Notary Pu is in and for the tate of
Texas
KAY MURRY
=\° NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 2-1-2006
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
A. Definitions:
1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
2. Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed
and accepted by the governmental entity.
3. Persons providing services on the project ("subcontractor" in §406.096)- includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person
contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner operators, employees
of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling,
or delivering equipment or materials, or providing labor, transportation, or other
services related to a project. "Services" does not include activities unrelated to
the project, such as food/beverage vendors, office supply deliveries, and delivery
of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) or all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and
provide the governmental entity:
1. A certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
2. No later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
APD. G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten (10) days after the contractor knew or should have
known„ of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1. Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. Provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the
Contractor:
a.) A certificate of coverage, prior to the other person beginning work on the
project; and
b.) A new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
5. Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
6. Notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person providing services
on the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
/b• 8. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
#01h, covered by worker's compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the contractor to administrative, criminal, civil penalties or other civil
actions.
9. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
J. The contractor shall post a notice on each project site informing all persons providing
services on the project that they are required to be covered, and stating how a
person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Worker's
Compensation Act or other Texas Worker's Compensation Commission rules. This
notice must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following text,
without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
t
The law requires that each person working on this site or providing services related
to this construction project must be covered by workers' compensation insurance.
This includes persons providing, hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512)440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage".
PROPOSAL PACKAGE
CITY OF FORT WORTH
ENVIRONMENTAL MANAGEMENT DEPARTMENT
1000 THROCKMORTON
FORT WORTH, TEXAS 76102
FORTWO- 'RTH
4411ir
PROJECT: DEM04-04:ESR
EMERGENCY RESPONSE SERVICES
FOR ENVIRONMENTAL HAZARDS
March 04, 2004
TABLE OF CONTENTS
1.0 REQUEST FOR PROPOSAL
1.1 Scope of Work
1.2 General Requirements
1.3 Interpretation of RFP Documents
1.4 Conflicts and Questions
1.5 Proposal Submittals
1.6 Opening of Proposals
1.7 Proposal Evaluation Criteria
1.8 Contract Time
1.9 Negotiation of the Contract and Exceptions to the Documents
1.10 Award of the Contract
1.11 Reservations
2.0 PROPOSAL DOCUMENTS
2.1 Proposal Document Checklist
2.2 Acknowledgment of Receipt of Request for Proposal Addendum(a)
2.3 Minority and Women Business Enterprises
2.4 Bonds
2.5 Proposal Summary
2.6 Technology Description
2.7 Cost Estimate
2.8 Qualifications of Provider
2.9 Financial Statement
2.10 List of Subcontractors /TSD Facilities
2.11 Vendor's Compliance to State Law
2.12 Insurance Certificates
2.13 Provider's Licenses & Certificates
2.14 Provider's Legal and Compliance History
2.15 Health and Safety Program Manuals
2.16 Proposed Disposal Facilities
DEM04-04:ESR
March 4, 2004 Table-1
1 .0 REQUEST FOR PROPOSALS
1.1 SCOPE OF WORK: Proposals are being accepted by the City of Fort Worth ("City') for
the furnishing of all labor, materials and equipment necessary to perform emergency
response services for spills, abandoned wastes, and other environmental hazards as
deemed necessary by the City, and analytical, disposal, consulting, and remediation
services for spill control at all facilities and locations under the control of the City (City-
owned properties), including structures, rights-of-way, storm sewers, surface water
bodies, and illicit narcotics laboratories. The City will enter into Contract with a minimum
of one Provider for this service. The number of Contracts to be awarded will depend upon
the adequacy of the Proposals submitted, and the City's determination of the ability of the
Providers to provide the necessary services. THERE WILL BE NO GUARANTEED
MINIMUM WORK UNDER ANY CONTRACT AWARDED.
Under this Contract, the Provider shall have the following responsibilities:
* Respond WITHIN ONE HOUR of being notified by the City to a release or threatened
release of toxic or hazardous substances, materials, or wastes; oil or petroleum
substance; pollutants; or contaminants. WITHIN ONE AND HALF-HOURS provide
the necessary personnel, materials, and equipment for an adequate response. The
adequacy of the response shall be determined by the City in its sole reasonable
judgement.
* If requested by the City, collect samples and have analytical testing performed to
assist in the characterization and profiling of waste for disposal. All analytical testing
shall be performed at a Laboratory designated by the City.
* Negotiate approval with the City for profiled waste and make arrangements for
disposal if the waste is Class II Non-Hazardous Waste.
If the waste is either Hazardous or Class I Non-Hazardous Waste, the Provider shall
contact the City to make arrangements for disposal through the hazardous waste
disposal company under separate contract with the City.
* Assist the Fort Worth Fire Department, under Fire Department command direction, in
confined space entry or reactive chemical ordinance until command is passed from
Fire Department to other City staff control.
* Provide on-site remediation of wastes as requested (such as bio-remediation).
* Have the capability to provide transportation of hazardous and non-hazardous solid
and liquid wastes.
* Provide sorbent products to the City on an as-needed basis; and
* At the conclusion of all response actions, provide a comprehensive report of the
actions taken on behalf of the City of Fort Worth in a timely manner. This one-page
(minimum) report shall include a summary of all actions including final cleanup and
the name of the City employee who initially contacted the Provider of response. This
report shall accompany the invoice submitted for the work.
A�
DEM04-04:ES R
March 4, 2004 1-1
t
1.2 GENERAL REQUIREMENTS: All Providers will be required to comply with provision
5159(a) of'Vernon's Annotated Civil Statutes of the State of Texas" with respect to the
payment of prevailing wage rates.
All Providers must comply with City Ordinance 7278 as amended by City Ordinance
7400 (Fort Worth City Code Sections 17-66 to 17-67) prohibiting discrimination in
employment practices.
1.3 INTERPRETATION OF REQUEST FOR PROPOSAL DOCUMENTS:
All requests for an interpretation of the Request for Proposal must be made in writing and
submitted to the Department of Environmental Management, by either fax or mail, at any
time up to seven (7) calendar days prior to the time of the opening of Proposals. The
person submitting the request will be responsible for its prompt delivery. No oral requests
for interpretation will be answered.
The City will issue, as a formal addendum, any interpretation of the Proposal Documents.
The City will attempt to fax a copy of each addendum to each person receiving a
Proposal Package. All addenda must be submitted with the Proposal in section 2.2. The
City will not be responsible for any other explanations or interpretations. It is the
responders obligation to determine if addenda have been issued prior to the time for
submitting the Request for Proposal.
1.4 CONFLICTS & QUESTIONS: Should there be conflicts between the Proposal
documents and the final executed contract document, the final contract shall take
precedence.
Questions regarding this Request for Proposal should be directed in writing immediately
to:
Clarence W. Reed
Environmental Program Manager
Department of Environmental Management
City of Fort Worth
5000 Martin Luther King Freeway
Fort Worth,TX, 76119
Phone (817) 871-5465
Fax (817) 871-5464
Clarence.Reed@fortworthgov.org
1.5 PRQPOSAL SUBMUTALS: Each Provider should submit a Proposal for all items to
complete the project or the entire Proposal may be considered non-responsive and
rejected. In case of ambiguity or lack of clarity, the City reserves the right to adopt the
most advantageous construction thereof to the City or to reject the Proposal.
Proposal documents and specifications may be obtained via the Internet at www.
DemandStar.com. These same documents may be reviewed at the City of Fort Worth
Purchasing Division, 1000 Throckmorton, Lower Level.
DEM04-04:ES R
March 4, 2004 1-2
i
Proposals must be submitted in a sealed envelope, addressed to and received at City of
Fort Worth Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102 no later
than 1:30 p.m. on Thursday, March 18, 2004. The project number must be clearly
marked on the envelope and the statement "PROPOSAL DOCUMENTS ENCLOSED,
DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 on Thursday, March 18,
2004" placed in the lower left-hand corner of the envelope in which the documents are
delivered. If the documents are placed in an envelope that is contained inside another
envelope, the statement shall be placed on the outermost envelope. Any Proposal
Documents not properly marked or not received in the proper place by the proper time
will be considered non-res onsiv ..
NO FAXED PROPOSALS WILL BE ACCEPTED
1.6 OPENING OF PROPOSALS: The Document entitled "Proposal Summary' in each
Proposal submitted will be opened and read aloud at 2:00 p.m. on Thursday, March 18,
2004, in the Fort Worth City Council Chambers. The Proposals shall be handled so as to
avoid the disclosure of the remainder of their contents to competing offerors and so as to
keep such contents secret during negotiations. All Proposals will be open for public
inspection after the contract is awarded, but trade secrets and confidential information in
the Proposals will not be open to public inspection.
The Proposal Documents submitted in accordance with this Request for Proposal shall
remain valid for sixty(60) days after the due date.
1.7 PROPOSAL EVALUATION CRITERIA: Proposals will be evaluated by qualitative
measures and will be weighted as follows:
FACTOR MAXIMUM
WEIGHT
Facility(office) Visit 25 points
Technology description 30 points
Cost Estimate 30 points
Equipment Inventory 30 points
Provider's Experience 10 points
Qualifications of Provider's personnel 10 points
Provider's work history with the City 10 points
Provider's legal and compliance history 10 points
Proposed disposal facilities 10 points
Financial statement 5 points
Health and Safety Program 5 points
Quality of sub-contractors 5 points
TOTAL 180 points
NOTE: Any of the above factors may be weighted as low as -20 points.
The facility (office) visits will only be performed for a maximum of the three highest scoring Providers
based on the other 11 criteria.
Awl'
DEM04-04:ES R
March 4, 2004 1-3
The City will select the most highly qualified Provider responding to the request based on
the above criteria.
The City may conduct such investigations as deemed necessary to assist in the
evaluation of any Proposal and to establish the responsibility, qualifications, and financial
ability of the Provider, subcontractors, and other persons who are proposed to work on
the project
1.8 CONTRACT TINE: The successful Provider(s)will be awarded One-Year Contracts with
two One-Year Options to Renew.
1.9 NEGOTIATION OF THE CONTRACT: The City will meet with the successful Provider
and negotiate any final changes to the Contract and any exceptions identified in the
Proposal Documents. The City is not obligated to accept any exceptions made by
Provider. After the negotiations, the City will make final changes to the Contract
documents and issue the Contract Documents with Notice of Awards to the successful
Provider(s).
1.10 AWARD OF THE CONTRACT: The City will send a Notice of Award letter to the
successful Provider with three (3) sets of contract documents. The successful Provider
must execute the Contract in each set and return all three sets to the City. Upon receipt
of the three sets, the City will execute each set and issue one set to the Provider with a
letter entitled Notice to Proceed. This letter authorizes work to begin and invoices to be
paid.
1.11 RESERVATIONS: The City reserves the right to reject any or all Proposals and waive
any or all formalities.
DEM04-04:ESR
March 4, 2004 1-4
2.0 PROPOSAL DOCUMENTS
2.1 PROPOSAL DOCUMENT CHECKLIST
Al Proposal Documents, including this Checklist, must be completed in full and
submitted in a sealed envelope, in the requested order, or the Proposal may be
considered as a non-responsive submittal.
.-1. PROPOSAL DOCUMENT CHECK LIST
02. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA -- d
3. MINORITY and WOMEN BUSINESS ENTERPRISES xlwlt)
,14. BONDS �?�' al
•5. PROPOSAL SUMMARY
6. TECHNOLOGY DESCRIPTION1�'J
7. COST ESTIMATE
8. QUALIFICATIONS OF PROVIDER
' 9. FINANCIAL FINANCIAL STATEMENT
00w X10. LIST OF SUBCONTRACTORS _ 19
•11. VENDOR'S COMPLIANCE WITH STATE LAW .11"Ile
.12. INSURANCE CERTIFICATES d'wW
,13. PROVIDER'S LICENSES & CERTIFICATES 'M WLJ
.14. PROVIDER'S LEGAL& COMPLIANCE HISTORY ASL I-A'u1
.r•15. HEALTH & SAFETY PROGRAM MANUALS —1m JAZW
X16. PROPOSED DISPOSAL FACILITIES '0LV J
I understand that failure to submit all of these items may cause my submittal to be considered non-
responsive.
Name ____Mar_c_ �_Wal r v n —
Title _--_Vr ��gj�ellt_ _1r�1��•P. --
Company—_ Eagle Construction and _—
Environmental Services, L.P.
/wb•
DEM04-04:ES R
March 4, 2004 2-1
2.2 ACKNOWLEDGEMENT OF RECEET OF REQUEST FOR PROPOSAL ADDENDUM
2.2.1 Check if applicable X
The undersigned acknowledges the receipt of the following addendum(a) to the Request
for Proposals, and has attached all addenda following this page. (Add lines if necessary).
Addendum Number 1 March 11, 2004
(Date received)
Addendum Number 2 March 17, 2004
(Date received)
Addendum Number 3 March 17, 2004
(Date received)
2.2.2 Check if applicable
The undersigned acknowledges the receipt of no addenda to the Request for Proposals.
PROVIDER:
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES L.P. BY: Marc W. Walravcn
Company Name (print or type name of signatory)
P. 0. Box 872 A."Az�t��
Address (Sign tere)
Eastland, Texas 76448 Vice President of the G.P.
City, State, Zip Title(print or type)
DEM04-04:ES R
March 4, 2004 2-2
r
2.3 MINORITY and WOMEN BUSINESS ENTERPRISES (KNWBE)
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority
and Women Business Enterprises (MVWBE) firms, in the procurement of professional services.
Contractor must comply with Chapter 20, Article 10 of the City of Fort Worth Code, "Minority and
Women Business Enterprises Policies and Disadvantaged Business Enterprise Policies",
currently and as it may be amended. Forms are included as part of this section for detailing the
achieved goal, good faith effort, or Prime Contractor Waiver.
As a condition of contract award, all Contractors will be required to submit information
addressing the MI BE 5%goal established for this contract.
If the Provider proposes to meet or exceed the 5% goal they should submit:
(1) Name, address and phone number of each subcontractor;
(2) Scope of work to be performed by each named firm; and
(3) Percentage of the dollar value of work for each named firm.
If a Provider fails to achieve the City goal, documentation demonstrating a Good Faith Effort
must be provided. This documentation must include a list of each subcontractor and/or
supplying opportunity through the 2nd Tier. Submit documentation if MVWBE quotes were
rejected. This documentation must be in the form of an Affidavit that includes a detailed
explanation of why the WW BE was rejected and any supporting documentation the Vendor
wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the
Vendor will provide for confidential in-camera access to an inspection of any relevant
documentation by City personnel.
If a Provider wishes to claim a Prime Contractor Waiver then the necessary form shall be
completed and all of the information required to meet the 5% Goal shall also be submitted for any
and all identified subcontractors or suppliers and reasoning for not using MWVBE firms for these
services.
Any MI/WBE business used must be certified or in the process of being certified by the North
Central Texas Regional Certification Agency (NCTRCA) or by the Texas Department of
Transportation (TxDOT), Highway Division. The WWBE includes the nine (9) counties of
Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall or doing business
in the marketplace during negotiation related to the bid.
WW BE participation or "Good Faith Effort" documentation will be reviewed as part of the
evaluation for this Proposal Package.
DEM 04-04:ES R
March 4, 2004 2-3
FoRTWORT14 ATTACHMENT lA
I
Page of 1
City of Fort worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
�F e t do#�r;va a c+ #lie c+�nt #is ZS.OtIB tinore -ths�ItiIIA aoa Ss aaa gable
POLICY STATEM ENT
it is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women
Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis.
All requirements and regulations stated in the Citys current Minority and Women Business Enterprise Ordinance
apply to this bid.
M/WBE PROJECT GOALS
The City's MBE/WBE goal on this project is -5_-%of the base bid value of the contract.
COMPLIANCE TO 61D SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MVWBE
Ordinance by either of the following:
1. Meet or exceed the above stated M/WBE goal, or
2. Good Faith Effort documentation, or:
3. Waiver documentation, or;
4. Joint Venture.
S 1I3MITTAL OFR (3 )IR D DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1. Subcontractor Utilization Form, if goal received by 5:00 p.m., five (5) City business days after the bid
is met or exrppriptl- opening d2te- exclus*ye of the bad opening datp-
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if participation is less than opening date, exclusive of the bid opening date.
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form- Of no KNWBF particop2t*on- I onpnina date. exclusive Qf the bid opening date-
4. Prime Contractor Waiver Form, if you received by 5:00 p.m., five (5) City business days after the bid
will perform 211 subcontmcfing/supplier work7 npening d2tp exclusive of tho bid opening date-
5. Joint Venture Form, if utilize a joint received by 5:00 p.m., five (5) City business days after the bid
venture to met or exceed Qoal. opening dnie. exclusive of the bid openong date-
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS �*
Any questions, please contact the M/WBE Office at(817) 871-6104.
DEM04-04:ESR
March 4, 2004 2-4
FORTWt)R"TH ATTACHMENT 1B
—"� Page 1 of 4
City of Fort Worth
J
Suhcnntractnrc/Suepli _rc Utmlo7afinn Form
PRIME COMPANY NAME: EAGLE CONSTRUCTION AND Check applicable block to describe
nrime
ENVIRONMENTAL SERVICES, I.O.P.
PROJECT NAME EMERGENCY RESPONSE SERVICES AA1N�DBE NON-MW/DBE
FOR ENVIRONMENTAL HAZARDS BID DATE
03/25/04
City's MMME Project Goal: PROJECT NUMBER
DEM04-04:ESR
Identify all subcontractors/suppliers you will use on this project
atiur ; c mp 6 1r l form,it s entre witf�t requested documentaf[on and re of ed�bV th `
� iYt�anastlnct Des>'artmenf a ar before 5;6q q fivd($# ItY business ays after bidoaenln� �.
excCsr�of[ Iopt>ntns date. 1,J
result to t(SEI bid�e#nst consldered<tsari responsive to bIc#
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+,., •uu,, y ✓', - ';. ,..r "...s- .«Ls''. ,vvl.66iatl0niis�
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f-.£ s1t1 Ta yw 4�"� ..,. ..� _VF4 v"v is. fit..2's3s�"` J'"'i'r✓' ..
Tli u s ersi r�� f# rot ads ree fc ente tnfa r oma#aQM0'Men�VuItkC ih R /VYB ffrtn(s#[Istel it ;.
this'utifizatlait sc ed'uCe,cortditionec#uti�a�execu#loaf�r contract with th�l in Gt#tt cr Falt ifr�artf�'�he e�ri Iiilia ai cttor 1c tcwlisi misreQ esen atfgq o, ffacts is'ara p ft, cc sslde atio o
-� dlualificatiat�'anit�wll�resri[t it tie ti��i'eiri�:carisitfe�`rtrtoii=res ons�ve to 5ies`"ecificatian
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker,Johnson,Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
V.
Cdentlfit eacTie� ve~ie levot szlb�aactuxbei�+ud jure corltractor i e , a eifrec
�avt e� ro� th!e tx1eccintracio t a srabcanfracto Ise coT!..de�ec� Ike paerl , Egaa
SUfxOnr'BGttXOrv)ts SU riel is cons ereL -2'' fle �^ 6 �#
ALL MMBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that
have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
Enterprise(DBE)is synonymous with NnorityMomen Business Enterprise(WWBE).
I xhau[[nt~;;sl nrEt,e ark utilized, tft jar n�wlit be qNe credit as lianq as the fly B fistec# owns and:
c ateg of wk one t tIcerised and ol�etatlonai trrJck to f us orr the contract:, T i I�MIYBE mai leas ;
fruGics frcim arioifer M!iIVBE'.fi�i; I('tCIUdlriQ Ml�`!3!�avunar=al�ati�rs, anr� reneiva fait M�WBt �re�iit ITh
NNVIfBE 11faS rease� I1JCk rtoI1-MIWBI=s:irjtidinc awneroerators�berg wlft air recizvi� credo for tte
DEM04-04:ES R
March 4, 2004 2-5
ATTACHMENT 1B
Page 3 of 4
Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Mnority,Women and non-iWWBEs.
Please list WWBE firms first,use additional sheets if necessary.
Certification
(check one)
SUBCONTRACTORISUPPLIER 7N T Detail Detail
Company Name i
Address M W
C X Subcontracting Work Supplies Purchased . Dollar Amount
'
Telephone/Fax = B B R O ,;.
E E C T
A.
TTI Environmental Analytical $ 15 000.00
Laboratories Testing of
2117 Arlington 1 .X X Contaminated
Downs Road Media
Arlington, TX 76011
Phone: 817/861-5322
Fax: 817/261-1717'
Denali Services Transporlatrnn $ 25,000.00
P. 0. Box 316 1 X X of Contaminated
Ranger, TX 76470 Soil
Phone: 817/306-4616
Fax: 817/306-0341
DEM04-04:ESR
March 4,2004 2-7
ATTACHMENT 1B
Page 4 of 4
Total Dollar Amount of MIWBE Subcontractors/Suppliers $ 40,000.00
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 0.00
TOTAL DOLLAR AMOUNT OF ALL $ 40,000.00
SUBCONTRACTORS/SUPPLIERS
TfktQdntm.
df4fNw'i
ma add "d
tqns"
�; q
op), titAmi-1p-.,, certified
'
without
t
alm-, eVNwomen, WSieis htetbrisManaqor cies , neehrcM- th7 subm
` fig ut
0600$f 'A an MOW'
q a.,
qq
T
of "VT C4 havrocdcki
brbicn __0 M, d ddin h
IITY,
CA)
" sh."Jq ex
a
of-hO
N - NdMM
sub ittwl 6
KcIt'Too u
L d' 't-Whiatid,
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
WW/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/Contractors participating on the contract that will substantiate the actual work
performed by the WW/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresent-Am of facts will be grounds for terminating the contract or
debarment from City work for a period of not less than three (3) years and for initiating action under
Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and
create a material breach of contract may result in a determination of an irresponsible Offeror and barred
from participating in City work for a period of time not less than one(1)year.
/r Marc W. Walraven
Authorized Signature Printed Signature
Vice President of the G.P. —Hector Davis - Project Manager
Title Contact Name/Title(if different)
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES,L.P. PH: 254/629-1718; FAX: 254/629-8625
Company Name Telephone and/or Fax
P. 0. Box 872 hectord@ecesi.com
Address &mail Address
Eastland, Texas 76448 March 25, 2004
City/State/Zip Date
DEM04-04-FqR
March 4, 2004 2-8
ATTACHMENT 1C
F Page 1 of 1
City of Fort Worth
Primp .nntrartnr Waiver Fnrm_
PRIME COMPANY NAME: Check applicable block to describe
WW/DBE NON-M'W/DBE
PROJECT NAME:
BID DATE
City's M/WBE Project Goal: PROJECT NUMBER
0
If both answers to this form are YES,dant complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form
must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you Must
complete ATTACHMENT 1C. This form is only applicable if hath answers are yes.
f ctire#o+corriDletetris forri; 1ts.ent retsoind be'recehmd bpi
rai~,+ iir:aeQ aavc after Aid^„nn:neti exclusive Of the bid aoenina dafe.will result in the bid being considered non-
onsiveto bid ` ecificatiarrs.
Will you perform this entire contract without subcontractors?
YES
If yes,please provide a detailed explanation that proves based on the size and scope of this project,this is
your normal business practice and provide an operational profile of your business. NO
Will you perform this entire contract without suppliers? YES
If yes,please provide a detailed explanation that proves based on the size and scope of this project,this is
your normal business practice and provide an inventory profile of your business. NO
The bidder further agrees to provide,directly to the City upon request, complete and accurate information regarding actual work
performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the
original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any
books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract,
by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three(3)years and for initiating action under
Federal,State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time
not less than one Ml near.
Authorized Signature Printed Signature
Title Contact Name(if different)
Company Name Phone Number Fax Number
Address Email Address
City/StateOp Date
DEM04-04:FSR
March 4, 2004 2-9
ATTACHMENT 1D
Fo T RTH Page 1 of 3
City of Fort Worth
Gnc)d Faith Fffort Fnrm
PRIME COMPANY NAME: Check applicable block to describe
PROJECT NAME:
MW/DBE NON-MW/DBE
BID DATE
ClW s M/WBE Project Goal: PROJECT NUMBER
5%
If vou'have failed to secure M/WBEoarticioation and you have subcontractina and/or suoolier oonortunities or if your DBE
participation is less than the C1 's proiect goal,you must complete this form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Managing Department on or before 5:00 p.m. five (5) City business days after bid opening,
y.r exclusive of bid opening date, will result in the bid being considered non-responsive to bid
specifications.
1.) Please list each and every subcontracting and/or supplier opportunity.)for the completion of this project,
regardless of whether it is to be provided by a M/WBE or non-MMIBE. (DO N01 i IST NAMES OE HRMS)
On Combined Pro'ects list each subcontracting and or suoDlier opportunity through the 2nd tier.
List of Subcontracting Opportunities List of Supplier Opportunities
(Use additional sheets, if necessary)
� rn
DEM04-04:ESR v .
March 4, 2004
v
ATTACHMENT 1D
Page 2 of 3
2.) Obtain a current(not more than three(3) months old from the bid open date) list of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
Yes Date of Listing _I_
No
3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened?
Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened?
Yes (if yes,attach list to include name of M/WBE firm,parson contacted,phone number and date and Uwe of
contact.)
NO
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is
used, attach the fax confirmation, which is to provide NVWBE name, date, time, fax number and documentation
faxed.
NOTE: If the list of NVWBEs for a particular subcontracting/supplier opportunity is ten (10)or less,the bidder
must contact the entire list to be in compliance with questions 3 and 4. If the list of NVWBEs for a particular
subcontracting/supplier opportunity is ten (10)or more,the bidder must contact at least two-thirds (2/3)of the
list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
-Yes
Ho
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the
forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any
supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection
of any relevant documentation by City personnel.
Company Name Jelephone Contact Person Scooe gf Work Reason for Reoect*on
DEM04-04:ISS R
March 4, 2004 2-11
ATTACHMENT 1D
Page 3 of 3
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/VHBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed on this contract, the payment thereof and any proposed changes to the
original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or
examination of any books, records and files held by their company that will substantiate the actual work
performed on this contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for terminating
the contract or debarment from City work for a period of not less than three (3) years and
for initiating action under Federal, State or Local laws concerning false statements. Any
failure to comply with this ordinance and creates a material breach of contract may result
in a determination of an irresponsible offeror and barred from participating in City work for
a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed was/were
contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be
contacted and the reasons for not using them will be verified by the City's M/WBE Office.
Authorized Signature Printed Signature
Title — Contact Name and Title (if different)
Company Name Phone Number Fax Number
-- — — ------- ---- --- -- ---
Address Email Address
City/State/Zip — Date
DEM04-04:ES R
March 4, 2004 2-12
F ,W0:I,�I: ATTACHMENT lE
Page 1 of 3
CITY OF FORT WORTH
Joint Ventnre Migihilityy Form
All questions must be answered, use "NA"ifapplicable-
Name of City project:
A joint venture form must be completed on each project
RFP/Bid/Purchasing Number:
1. Joint venture information:
Joint Venture Name:
Joint Venture Address:
(If applicable)
Telephone: Facsirm7e: irtnail address:
Cellular.
Identify the finis that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising
the ioint venture
M/VVBE firmNon-M/WBE
. narnea T firm n me& 7
Business Address: Business Address:
City,State,Zip: City,State,Zip:
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-marl address
Name of Certifying Agency:
2. SCODe of work IgrfQrmed by the Joint Venture:
Describe the seolLe of work of the M/WBE: Describe the scoW of work of the non-M/WBE:
DEM04-04:ES R
March 4, 2004 2-13
ATTACHMENT 1E
Page 2 of 3
3.What is the percentage of MANSE participation on this joint venture that you wish to be counted
toward meeting the project goal?
4. Attach a copy of the joint venture agreement.
5. List components of ownership of joint venture: (Do not complete ifthis information is described in joint venture agreement)
Profit and loss sharing:
Capital contributions,including
equipment:
Other applicable ownership interests:
6.Identify by name,race, sex and firm those individuals (with titles)who are responsible for the day-to-daY
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
-----------------------------
b. Marketing and Sales
-----------------------------
C. Hiring and Firing ofmanagement
personnel
d.- Purchasing ofmajor equipment
and/or supplies
Supervision of field operations
The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have
final approval of the M/WBE percentage applied toward the goal for the project listed on this form
NOTE: From and after the date of project award,if any of the participants,the individually defined scopes of work
or the dollar amounts/percentages change from the originally approved infonnation,then the participants mist inform
the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach
of contract and may result in debamrnt in accord with the procedures outlined in the City's M/WBE Ordinance.
DEM04-04:ESR
March 4, 2004
ATTACHMENT 1E
Page 3 of 3
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material
information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the
undersigned shall agree to provide to the joint venture the stated scope of vmrk,decision-making responsibilities
and payments herein
The City also reserves the right to request any additional information deemed necessary to
determine if the joint venture is eligible. Failure to cooperate and/or provide requested information
within the time specified is grounds for termination of the eligibility process.
The undersigned agree to pemnut audits,interviews with owners and examination of the books,records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the temination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful rrrisrepresentation of facts.
-------------------willful------ --------------------------- ---------------------------------------------------------------------
Name of M/W BE firm Name of non-M/W BE firm
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Title Title *
Date Date
Notarization
State of County of
On this day of ,20 ,before me appeared
and
to me personally known and who,being duly swom,did execute the foregoing affidavit and did state that they were
property authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Comrnission Expires (seag
DEM04-04:ES R
March 4, 2004 2-15
f
2.4 BONDS
The Provider shall submit with its Proposal a cashiers' check or an acceptable bidder's
bond payable to the City of Fort Worth, in the amount of not less than 5 percent of the
largest possible total of the bid submitted. The Bond is subject to forfeit in the event the
successful Provider fails to execute the contract documents within ten (10) days after the
Contract has been awarded.
To be an acceptable surety on the bid bond, the surety must be authorized to do
business in the state of Texas. 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 $100,000 from a reinsurer that is authorized and admitted as a
reinsurer in the state of Texas and is the holder of a certificate of authority from the
United States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law. Satisfactory proof of any such reinsurance shall be provided
to the City upon request. The City, in its sole discretion, will determine the adequacy of
the proof required herein.
r
DEM04-04:ES R
MARCH 4, 2004 2-16
r AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
Bid Bond
Bond Number N/A
KNOW ALL MEN BY THESE PRESENTS:
That we Eagle Construction and Environmental Services, LP, P.O. Box 872, Eastland, Texas 76448
(Name and address of Contractor)
as Principal (hereinafter the "Principal"), and American Guarantee and Liability Insurance Company, a
New York corporation having its principal office located at One Liberty Plaza, 31St Floor, New York, NY
10006 (hereinafter the "Surety"), are held and firmly bound unto The City of Fort Worth, 1000
Throckmorton Street, Fort Worth, Texas 76102
(Name, address and legal title of Owner)
(hereinafter the "Obligee") in the sum of Two thousand five hundred dollars and no cents Dollars
($ 2500.00 ), for the payment of which sum the Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns,jointly and severally, by these presents.
WHEREAS, the Principal has submitted a bid for Emergency Response Services for
Environmental Hazards for the city of Fort Worth, Texas
(insert full name, address and description of Project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall
enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety, or in the
event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount
specified in said bid and such larger amount for which the Obligee may reasonably contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect. The liability of the Surety hereunder shall in no event exceed the lesser of:
(a)the penalty hereof; or(b) the difference between the amount specified in the Principal's bid and any
larger amount for which the Obligee reasonably contracts with another party to perform the work specified
in the Principal's bid.
This Bid Bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government
Code; or Chapter 53 of the Texas Property Code, as applicable, and all liabilities on this Bid Bond shall
be determined in accordance with the provisions of the applicable Chapter to the same extent as if it were
copied at length herein.
�p ENV/
Signed and sealed this 15th day of March , 2004. Jap';��
ATTEST: Eagle Construction and Environmen rvi
(Principal) z
pQ 0
Bobby C. Aurry Marc W. Walraven a
Vice President of the G.P.
(Title)
WITNESS: American GuaraRte-e-Ind Liabilitv Ins0iii& Company
(Surety)
i
i
By: i (SEAL)
( ey-in-fact) Ri and L. Rossan er
GICSUR3-TX(12-98) 1
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
0 ri e Liberty Plaza, [30111 F I o c.,r) few %�ork. Now York" 1 00DI5
CERTIFIED POWER OF ATTORNEY
APPOINTING INDIVIDUAL ATTORNEY(S)-IN-FACT
KNOW ALL MEN a)' 7 j,ESE I hat the AMERICAN GUARANTEE AND LJABILiTy I NSUPANC��, CUMPANY° a GDrPor-ation
seated by and Eyivt -v: under t laws of the Sl.arc- of I-qew 'foirk with 45 Executive Offices Jocated in Sch3ijniD,_jrq, IlliTiDis, does hr
ninate, cor15,ii1.ju_- ,iiij aDPoirt
Mi cha e r Perry and Richard Ross i rider of Ea a t1a nd,TX
Its true and hawf u I All or ney(s)-i n �acl w f h ' rind authority herp.tl�'v 1,-� sign, seal a-11 extDcute in it-. behalf, during the period
k,ginriinri with the date of issjam�e- of Ph,- L:o)v.,,7r .Army and all bonriq, irigc;, reciaqnizanC:er or other written obligations in the
nature tl�-_-raof on behaif of Eagle Gai-,struction & EnviMnrTi;.-:iLr.:iI LP 3s priri(;4pal, not tO QXCO�C] S5,0[1,10,600 in any single
instance.
and to bind 7 'l-i-reby and all of this acts of said Atiorney(s)-in Fact,
pursuant ID -h-_ r, arc ricrcgy raiified and cDnfjrmQd of AtGrriL=y is rriEjde and executed pursuant to and by the
-iufftrity of 1-,r -inilowilig By-l-;ow duty adopted by the Board of of the Company which By-Law has not been am-sinded or
.:?r:-_inded:
Section 2. Arti c1c. IJI ". T he pro!3i dent Lir a vice president in a Wr,7.L.-- i j ment 1, d by a secretary or an assistant secretary
may (a) appoint any person Attorney-in Fact with ault,,Orry to e)(-,_1iIq-, surety t,.r.ncir, on behalf of the company and other formal
underwriting 71-:()-itracls in reference thereto and reinsu,_:i- in irldivi,dUal piallries and bonds of all kinds and
i1 1:1�j 1 1:1_ f;.-)I l".Iu;';- ...=:3I.,-Any' such officers may revuE-il :j i j 1:' _111v 41 ,-v-iri-r,act-
This Pavi. and under and by the autharity soli f6flowing Rpsolluticirr adopted by tr of
I "%IAi'- i -. INSURANCE =MPANY at a meeting duly r;,'!::.:I -:i-d tiield on the )-J') day sof
March 19:=Z'.
"RESOLVED,
9:=Z-
"RESOLVED, 'L.-,Ll -.hr- 7-7 tre presidc.m. _-o a vice presidcnt and ti-.- 7i1,. _".rq !::�cfetary or an a7sistarit
secretary and the seal of The co-ripRny rn-.i,,- r..;-- il-.: :ed by facsim-1--- ur7 jj-� _�-[
I r -wrsuzirit ter Ser-teorl 2 of
aftick? [I] Y 111,E- By-Lawes, and; Hi_ ,:7; ,1 711 -;rl ; ':t MFJY Oe :3ffixL=J by
facsimile to any cernfiL-_-te of :19y ;,W, 1,.j-1h r,_`%v:` i:i:1.,_,ij,i,,g r:I1-:simile siqrratijrt= and reap
shall be valid and lhe sualec ..ind cerMed by cert ficate 5;4
executed and sealed shall, wr, f,.-.-:;pE?ct to any .nr r.. --Zi which E, writinita to be --,rid binding can the
company,"
IN WITNESS WHEREOF the IC:..11 I r-.'SURAND --l-INIPANY h.3s mused these presents to be
exet.uted in its narne and on its --i- 17% :3--Ii)-ed and at%a-sted Lv JIficers the teunto duly authonzaa,
31st day of Durmmbnr 2001
LRAING: This Power of Attorney is printed on paper that cluturs unauthorized copying cir faxing.
AMERICAN GUARANTEE AND LiA91LITY INSURANCE COMPANY
STATE CF A ';"I-QVF-T5 Dcmald HorzOer
tylt.T4 s Coors Secretary Executive Vice President
Dn this 31st day of December A-L),, 2001- before the s uh sGri b e r, a Notary Public of the State and Cai inty atri rL7.said, duly Notary Public
commissioned and qualified, c;3me the above named vice vresidenl and secfetary cif the AMF RICAN GUAHAN 1 E E AND LIABILITY
INSURANCE COMPANY, to me personally knuwn 10 be the individuals and officets described in and who execu,ed the preceding
Instrument, and they each a0mowledgied the execution of the same and, being by me duly sworn, they severally and Each for himself
deposed and said that they respectively hold the offices ipsaid Corporation as indicated, that.the Seal affixed to the preceding instrument
is the Corporate Seal of said Corporation, and that the said Corporate Seal, @nil their signature as such ofters, were duly affixed and
subscrtbiad to the said-instrument pursuant to all due corporatE authofizaticin.
IN WITNESS WH EREDF, I have here u nto set my hand and affixed r-nv OfiFicial Seal the day and year first above wnfterl
7�rricA,�ti lel
CrAl
Notary Public
My Comrriossion Expires 08/22103
This Power of Attorney limits tfic- acts of ftre named theirein is the bunds and undertakings specifically named therein end they have no
authority to bind the Company except in the manner and to" extent herein stated.
I. the undersigned, a secretary of the AMERICAN GUARANT;_-[ L;NID LIABILPY INSURANCE COMPANY. do hereby ce,-tifir tt"al thu
Pciwe;-of Attorney hereinabove set iorlh is still hn full force and :inti further c,erttty that Section 2 of Affi�le Vo of the By-Laws of
-,parry and the Resolution Of the Board of Directors set foni ..-, Daz P&Wer of Attorney are still in Force. In te-q!imony w2h�7reof I r.
unto subscribed my ri-rimv and affix-Rd the sea] of the said COMP21ny the ]i dai Ed J-t,%Rc-ij 2(X:�
David A Ucwerr,
Sevrelary 5en.jj rLrjhe--667 R97XI)H,`'K I 32e"W, 77 V.
0011,
2.5 PROPOSAISUMMARY
TO THE CITY OF FORT WORTH:
The undersigned hereby proposes to furnish the equipment, labor, materials,
superintendence, and any other items or services necessary to perform emergency
response services for environmental hazards, analytical, transportation, disposal,
consulting, and remediation services for spill control at all facilities and locations under
the control of the City of Fort Worth (City-owned properties).
All Proposal Documents have been submitted in one sealed envelope.
Addenda to the Request for Proposals have been received as acknowledged in
Section 2.2.
Unit prices are provided within the Proposal Documents in Section 2.7.
PROVIDER IS REQUIRED TO RESPOND AN INCIDENT SITE WITHIN ONE HOUR
OF BEING NOTIFIED.
This Proposal Summary and the accompanying Proposal Documents are intended to be
complete and will remain valid for sixty(60) days from the date of submittal.
lam" PROVIDER:
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P. BY: Marc W. Walraven
(Company Name) (print or type ame of sig tory)
P. 0. Box 872
(Address) (Signature)
Eastland, Texas 76448 Vice President of the G.P.
(City, State, Zip) Title (print or type)
254/629-1718 254/629-8625
(Phone) (FAX)
rT
DEM 04-04:ES R
MARCH 4, 2004 2-17
2.6 TECHNOLOGY DESCRIPTION
This is a critical portion of the Proposal because the feasibility of the methods for
completing the work must be carefully demonstrated. A description of the procedures to
perform emergency response services for spills, abandoned wastes, and other
environmental hazards as deemed necessary by the City, on-site analytical (hazcat),
disposal of Class II Non-Hazardous Wastes, consulting, and remediation services for
spill control shall be submitted with the Proposal documents. Photographs, schematic
drawings and vendors' brochures should be included with the narrative description of
each of the proposed work tasks. A description of the methods that will be used to
conduct each of the following tasks should be included:
* Methods for ensuring that the City has access to the Provider's services 24-hours per
day, seven days a week;
* Methods for conducting on-site hazcat analysis of wastes;
* Methods for ensuring Provider has 24-hour access to the following equipment: drum
moving equipment, CAT 950 front-end loader or equivalent, motorized road broom,
vacuum truck, 30 or 40 yard roll-off box, 20,000 gallon frac tank, Bobcat 743 or
equivalent, photo-ionization detector(PID);
* General procedures used to respond to and facilitate the removal of any chemical
spill or any potentially hazardous material or waste;
* Methods of assisting the City in the preparation of waste profiles, manifests, and
landbans to ensure compliant disposal of wastes;
* Methods for deciding when to conduct remediation of waste disposal sites and how
remediation (such as bio-remediation)will be done;
* Methods through which transportation of hazardous and non-hazardous solid and
liquid wastes will be provided;
* Methods for providing sorbent products to the City on an as-needed basis (a list of
sorbents and associated costs should be provided in Section 2.7 Cost Estimate); and
* Any unique capabilities Provider has that could be beneficial to the City's emergency
spill response program.
A Provider must judge for itself the difficulties of the work and all attending circumstances
affecting the cost of doing the work or the time required for its completion, and obtain all
information required to make an intelligent Proposal. No information given by the City or
any representative of the City other than that contained in the Contract documents and
officially promulgated addenda hereto, shall be binding upon the City. Providers
submitting Proposals shall rely exclusively and solely upon their own estimates,
investigation, research, tests, and other necessary data for full and complete information
upon which the Proposal is to be based. It is mutually agreed that the submission of a
Proposal is prima-facie evidence that the Provider has made the investigations,
examinations, and tests herein required. Claims for additional compensation due to
variations between conditions actually encountered in the project and as indicated in the
Contract Documents will not be allowed.
INCLUDE A COPY OF THE TECHNOLOGY DESCRIPTION FOLLOWING
THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE.
DEM04-04:ESR
MARCH 4, 2004 2-18
r
TECHNOLOGY DESCRIPTION
CITY OF FORT WORTH EMERGENCY RESPONSE SERVICES
FOR ENVIRONMENTAL HAZARDS
Prepared for:
City of Fort Worth Purchasing Division
1000 Throckmorton (lower level)
Fort Worth, Texas 76102 - 6311
Prepared by:
Eagle Construction and Environmental Services, LP
P.O. Box 872
Eastland, Texas 76448
March 2004
Eagle Construction and Environmental Services, LP
INTRODUCTION
Eagle provides a comprehensive scope of capabilities and experience in
environmental emergency response services. The company's Hazardous
Materials Emergency 'Strike Teams" have earned an unequaled reputation for
handling hazardous materials incidents in a safe, expedient, professional and
successful manner while protecting the surrounding environment and limiting the
liability of the client. Eagle has successfully managed several thousand
hazardous materials incidents in the area and across the nation involving highly
hazardous and toxic materials. These emergency response services have been
performed by Eagle's highly trained Emergency Response Strike Team personnel
and company resources in conjunction with select highly qualified
subcontractors.
Eagle's Emergency Response Service includes:
• Oil and Chemical Spill Response
• Emergency Planning/Response Audits
• Compressed Gas and Liquid Product Transfer
• Industrial Fire/Explosion Response
• Extremely Hazardous Materials and Product Escorting
• Spill Prevention Surveys
• Abandoned Waste Investigation, Handling and Disposal
• Reactives and Explosives Disposal, Neutralization and Stabilization
• Bioremediation of several sites utilizing land farming, heap piling
and in-situ technologies
• Removal of both organic and inorganic compounds from
contaminated water using state-of-the-art treatment technologies
• Facility Decontamination to remove lead, mercury, PCBs and other
Technology Description Page 2
Eagle Construction and Environmental Services, LP
000h, compounds
• Free product recovery from the subsurface via recovery wells and
interceptor trenches
Eagle's Technology Description will address the feasibility of the methods to be
utilized for completing the required work under the City of Fort Worth's
Emergency Response Contract. The following technical description will
demonstrate and describe the procedures Eagle will use to perform emergency
response services and address the key issues referenced in Fort Worth Project
No. DEM04-04:ESR.
• Methods for ensuring that the City has Access to the Provider's
Services 24-hours ver day, seven days a week;
Eagle is a Fort Worth based operation and maintains over 80 in-house personnel
at our Fort Worth facility. Being a local company, we can mobilize and respond
within minutes to virtually any hazardous material incident, utilizing fully stocked
support vehicles that contain all levels of protective equipment and response
materials. Eagle's fleet of emergency response management vehicles include
fully equipped reference libraries, electronic communications, SCBAs, respirators,
air sampling equipment, HazCat kits, fully encapsulated suits, and other critical
equipment required for a first response. An Eagle emergency response manager
can be dispatched within 15 minutes after the client has notified either of Eagle's
toll free telephone numbers which are answered 24-hours-a-day, 365-days-a-
year. These toll free numbers are; 1-800-336-0909 and 1-800-725-1333.
Additional personnel and equipment follow within minutes, via pre-loaded
response trucks and trailers. Support materials and equipment can also be
provided from company-owned, fully stocked warehouses.
T
Technology Description Page 3
Eagle Construction and Environmental Services, LP
Eagle employs 24-hour dispatch capabilities to serve all of our clients to include
the City of Fort Worth. These 24-hour dispatch capabilities include a manned
dispatch receiver that answers the phones 24 hours per day/7 days per
week/365 days per year. This dispatcher will take the initial response
information 'to include location, nature of response and any other relevant
information through Eagle's toll-free hotlines. The dispatcher will receive a call
for the response at any hour of the day or night and will immediately notify the
appropriate individuals as to the nature of the response as well as its severity
and contact the individual. The response manager will then contact the client
and initiate the response. In addition, all response personnel are equipped with
company issued pagers and mobile phones as well as network radios to ensure
that these individuals can be contacted at any time to facilitate a response to any
type of activity.
Methods for conducting on-site hazcat analysis of wastes: .
In some cases, spilled product or impacted area may be contaminated with an
unknown product, These instances will require the identification of the material
through a Haz-Cat analysis to determine the nature of the product. The Haz-Cat
analysis will be performed by a qualified individual trained in the operation of the
unit. The Haz-Cat analysis will include the analysis of the product using various
reagents to determine the basic characteristics of the material as well as its
hazardous properties and identity. The Haz-Cat analysis will be used to
characterize the waste and determine the type of response required.
Eagle owns and uses Hazardous Categorization (Haz-Cat) kits on a regular basis
for multiple clients in North Texas. We employ several chemists and multiple
other personnel who are based in our Fort Worth terminal that are trained in the
utilization of Haz-Cat analysis kits. These personnel will be available to the City of
Technology Description Page 4
Eagle Construction and Environmental Services, LP
0011, Fort Worth on a 24-hour per day/365 day per year basis for the performance of
this contract, if awarded.
• Methods for ensuring that Provider has 24-hour access to the
following equipment; drum moving equipment, CAT 950 front-end
loader or equivalent, motorized road broom, vacuum truck, 30 or 40
Yard roll-off box, 20,000-gallon frac tank, Bobcat 743 or equivalent,
photo-ionization detector[PID);
Eagle maintains the above referenced equipment in our local Fort Worth terminal
and this equipment is ready and available to the City of Fort Worth on a 24 hour
per day/365 day per year basis. In addition, Eagle owns and maintains in excess
of twenty million dollars of equipment for emergency response, remediation and
demolition jobs. All equipment is maintained in a ready state 24 hours a day.
Alm Equipment and personnel can be mobilized to all areas of our service region
within moments of contact.
Company wide, Eagle owns more than 100 pickup trucks, 14 vans/suburban type
vehicles, 10 automobiles and one twin turbo prop air plane for mobilizing
personnel and field supplies in emergency and non-emergency situations to
distant locations. Additionally, Eagle owns 16 fully stocked emergency response
trailers, one 45' tractor-trailer Emergency Response Van, 14 utility trailers and 3
mobile decontamination trailers. Eagle's 22 all terrain vehicles ensure access at
remote locations. Eagle also owns 23 Mack tractors and various trailers for
mobilizing heavy equipment and large volumes of supplies when needed. Eagle
owns enclosed 40' vans, 14 cubic yard dump trucks and 20 cubic yard end
dumps for transportation of contaminated materials. In addition to the above
listed equipment, Eagle also owns several motorized road brooms and front-end
Technology Description Page 5
Eagle Construction and Environmental Services, LP
loaders (CAT 950 or equivalent), and several Bobcat 743 skid steers. Eagle also
has the capability of installing mobile office units when necessary.
Eagle owns office trailers that are all fully equipped with phones, fax machines,
computers and furniture as well as 10 roll-off tractor trailer units and over 200
thirty to forty cubic yard roll-off boxes, 5 bobtail roll-off units, 8 vacuum trucks
and 14 — 20,000 gallon frac tanks along with an array of other various size
holding tanks.
Eagle maintains vehicles in all locations that are dedicated for providing
emergency response services. These vehicles are always stocked with the
equipment listed below.
Emergency Response Vehicle Inventory
1-800 mhz. Company radio 2 Drum straps
1 Cellular telephone 4 Drum speed and bung wrenches
1 Hand held company radio 4 Decon pools
Reference library 8 Decon brushes
1 M.S.A. mini-guard L.E.L., 02, Co. 4 Poly 5 gallon buckets with lids
1-35 mm camera 4 Corn brooms
1 Portable generator (110/220) 4 Street brooms
1 OVM-PID 2 Pump sprayers 3 gallon
4 S.C.B.A. P.C.B. Field test kits
4 Air bottles (spare) 4 Square head shovels
8 M.S.A. Full-face Respirators 4 Spade point shovels
6 Safety glasses 2 Grain shovels
10 Ear plugs 4 Rakes
1 Emergency Eye Wash (5) gallon 2 Hoe
4 Flash lights 4 Scrapper long handle
1 First aid kit 4 Squeegee, 24"
1 Fire Extinguisher(full) 1 Sledge hammer 8 Ib.
1 Fire Extinguisher(empty) 1 Pick
1 Water cooler 1 Bolt Cutter
1 Safety can (gasoline) 1 Crow bar
1 Drum dolly 1 Come a long
10 traffic cones 1 Hammer drill
1000 Watt light bank 1 Set,Air& Nitrogen regulators
200'Water hose 1 Ventilation fan
6 Extension cords 25 Tyvec splash suits
1 50'Air hose
Technology Description Page 6
Eagle Construction and Environmental Services, LP
6 Life Guard Responders (Level A)"Life 6 Drum gaskets
Guard" 5 Poly drum pumps
6 Barricade Encapsulated (Level B) 4 8'x20'Sorbent Booms
(Frontline) 4 8"X 50 Sorbent Booms
12 Barricade hooded coveralls (Frontline) 8 Bndls absorbent pads (100) ea.
24 P.V.C. hooded coveralls (Expendables) 4 Rolls 6 mil Poly sheeting 20'x100'
48 Saranex hooded coveralls (Kappler) 2 Boxes Trash bags
24 Latex Booties (Best) 1 Roll 6 mil drum liners
36 Neoprene gloves (Edmont) 2 Reels 1/2' rope
36 P.V.C. gloves (Edmont) 8 rolls duct tape
24 Nitrile gloves (Edmont) 6 Pkg's pH Paper
24 sample gloves (Best) 24 Sample jars 1-L Amber.
12 Cotton glove liners (Jersey) 16 Sample jars 16 oz.
12 Butyl rubber gloves (North) 50 40 ml. VOAs
6 Steel toe rubber boots 10 Disposable Bailers
30 GMC (OVAG) cartridge 4 Tedlar bags
1 Interface Probe
30 GMD (Ammonia/methylamine) cartridge 1 Hand auger
24 GMP (Pesticides, organic vapor, paint) 3 Roll Haz-Mat banner tape
cartridge 30 GMC- H (OVAG-HEPA) cartridge
500 lbs. Oil-dry 1 Roll Caution banner tape
250 lbs. Soda Ash 1 Label/placard kit
20 gallon 828 4 Boxes Squincher
25 gallon Mighty Red 1 Ladder 24'
5 gallon Caustic soda 1 Diaphragm pump M2
5 gallon Muratic acid 1 Leaf blower
50 lbs. Sulfamic acid 4 Cylinders"J"Breathing Air
4 85 gallon salvage drums"steel" 1 Trauma kit
185 gallon salvage drum"Poly" 1 Decon kit
1 Funnel 1 Complete tool kit
6 Utility Knives 1 Leak repair kit/asst. Gasket material
1 17 E drum"poly" 1 5-gallon MICROBLAZE
All 13 excavators (trackhoes) owned by Eagle are outfitted with both excavation
and clean-out buckets. Many of our excavators are fitted for grapples, shears
and/or concrete breakers owned by Eagle to facilitate derailment activities. In
addition, Eagle owns Volvo 30 ton articulating dump trucks allowing large
volumes of material to be moved rapidly on-site when needed. Listed below are
several pieces of heavy construction and other equipment owned by Eagle.
Heavy Equipment
Hitachi EX300 Excavator 2 - CAT 963 Trackloader
CAT 215 Excavator International 520 Front End Loader
10-Komatsu 200 Excavators International 510 Front End Loader
Komatsu PC 220 Excavator CAT 926 Front End Loader
Komatsu PC 300 Excavator CAT 928 Front End Loader
Technology Description Page 7
Eagle Construction and Environmental Services, LP
Cat D-8 Dozer 3-Vacuum Trucks - 5,880 gallon
2-CAT D6 Dozer- Grubber and Plow Vacuum Truck- 3,360 gallon
CAT DSHXL Dozer Vacuum Truck- 2,500 gallon
CAT DSHXL Dozer- winch Transport Truck- 5,880 gallon
CAT D4H Dozer 3 20-cubic yard dump trucks
International TD15C Dozer 8-14-cubic yard dump trucks
John Deere 450G Dozer 2-Volvo 30 Ton Articulating Dump Trucks
International 520 Forklift 200-25-cubic yard roll-off containers
International IT40 Forklift 4-Roll-off Container Trucks
Clarke Fork Lift 4 Equipment Haul Trucks
15 Ton Loraine Crane 4-Case 580 Extendahoe
15 Ton Gallon Crane 2-Cat 426 E;xtendahoes
John Deere 570A Maintainer 8-Cat 416 Backhoes
182 Bomag Vibratory Compactor CAT 426 Backhoe
CAT 563 Vibratory Compactor Case 480D Backhoe
6-Farm Tractors with tillers and plows John Deer 300B Backhoe
Vacuum Truck .- 7,000 gallon 6-mobile welding units
Transfer Equipment
Pumps:
1"Teflon lined Corken gas compressor 2"Stainless Steel diaphragm pump
1"Polyethylene diaphragm pump 2"Polyethylene diaphragm pump
1"aluminum diaphragm pump 2"Carbon steel centrifugal pump
2"Aluminum diaphragm pump 3"Carbon steel centrifugal pump
Hose:
Stainless steel braided Crosslinked polyethylene
Stainless steel braided/teflon lined Monel
Blue flexwing - Speclar LPG/Ammonia
Patch Tools and Equipment
Chlorine A,B,C kits Sheet butyl rubber
Edwards and Cromwell response kits Sheet PVC
Plug-n-Dike powder Packing gland gasket material
Aqua seal Lead Wool
Petro seal Nylon ratchet straps
Dome clamps Grench tool
Assorted plugs 1/2"& 3/4"drive socket sets
Assorted patch material 0-600 psi liquid filled S.S. gauges
Gasket material Assorted pipe wrenches
"0"ring gasket kit Assorted pipe tools
Goretex tape Hydraulic jack
Teflon tape 3/8"chain and binders
Sheet teflon Wheel valve wrench
Sheet neoprene
Boats
Technology Description Page 8
Ea g/e Construction and Environmental Services, LP
10-14'Aluminum with motor 2-18'Alumaweld with 150 hp motor
Communication Equipment
Alpha numeric pagers Lap top computers with modems and
Cellular telephones communications software
Land-line telephones Fax machines
Office computers with modems and Hand held radios
communication software Truck Mounted 800 mhz radios
Additionally, Eagle owns numerous pieces of field analytical equipment and
personal protective equipment (PPE) which is utilized on many of our projects.
Eagle personnel receive extensive training in the proper use and maintenance of
this equipment. Listed below are some of the field-analytical and personal
protective equipment owned by Eagle.
Field Analytical Equipment
AOW Combustible gas monitors Hazard categorization kits
Oxygen deficiency monitors Carbon monoxide monitors
Photoionization detectors High pressure leak detector
Pyrometer Personal air monitors
pH meters Miniram Real Time Dust Monitors
pH paper H2S monitors
Mercury vapor analyzers Immuno-assay kits
Drager air sample pumps Partisol 2000 air monitoring stations
Product specific colormetric tubes
Personal Protective Equipment
Firefighting bunker gear Welding leather
Level "A" Encapsulated suits (Responder) SCBA's (Self Contained Breathing Apparatus)
Level"B" Encapsulated suits (Frontline) Spare SCBA bottles
Saranex hooded coveralls Air-line escape pacs
Frontline hooded coveralls Breathing air cascade pacs
PVC hooded coveralls Breathing air line
14" Neoprene gloves Breathing air regulators
14"PVC gloves Full body harness
14" Nitrile gloves Full face air purifying respirators
14" Butyl rubber gloves OVAG/NEPA respirator
4 H gloves NH3/Methylamine respirator cartridges
Cotton glove liners Mercury respirator cartridges
Leather work gloves Pesticide/Herbicide respirator cartridges
Ear plugs Lifeline
Face shields Confined Space equipment
Welding hood Life vests
Technology Description Page 9
Eagle Construction and Environmental Services, LP
/0,11, Railroad blue flags Fire extinguishers
Flashlights First aid kits
Decontamination kits
• General Procedures used to respond to and facilitate the removal of
any chemical spill or potentially hazardous material or waste:
Upon the initial call for a response, the response manager will immediately
contact the City of Fort Worth representative in order to obtain the appropriate
response information as well as the location and severity. The response
manager will then begin the acquisition of personnel and materials to initiate the
response. The personnel and equipment utilized for each response will be
dependent upon the spill information. The response manager will immediately
proceed to the response scene to perform any pre-response activities while
equipment and personnel begin mobilization.
Upon arrival on site, the response manager will coordinate the initial activities
through the City of Fort Worth representative and any appropriate regulatory
agencies. These initial procedures will include a hazard analysis of the chemical
spilled as well as the isolation of the incident from the public. All affected areas
will be isolated using caution tape and barricades as well as lighted barricades in
appropriate areas. The initial hazard analysis will include the review of any
packing logs or Material Safety Data Sheets (MSDS) to determine the appropriate
PPE and response procedure. The response manager will then initiate any
remedial activities required to clean the spill to include removal and
decontamination procedures. All response activities will be performed in the
appropriate PPE as dictated by the response information and all waste will be
containerized in the appropriate containers for analysis and disposal. All
response procedures will be performed until the spill has been completely
�► remediated to the satisfaction of the City of Fort Worth representative and the
appropriate regulatory agency.
Technology Description Page 10
Eagle Construction and Environmental Services, LP
• Methods of assisting the City in the Preparation of waste profs/es,
manifests, and/andbans to ensure comp/sant djsgosa/of wastes;
Eagle provides disposal coordination services that include characterization,
transportation and disposal of all types of waste streams, including municipal,
special, non-hazardous and hazardous solid and liquid waste. Eagle maintains a
staff of full time disposal coordinators dedicated to waste assessment, tracking
and disposal. These disposal coordinators maintain "blanket" agreements with
disposal outlets to expedite approval and disposal time. All coordinators are
trained in all disposal procedures to include the completion of profile forms as
well as all manifesting and Land Disposal Restriction (LDR) forms as necessary.
These individuals will review the waste information with the response managers
to determine the appropriate disposal outlet that is the moist cost-effective
solution. The disposal coordinators will then work with the City of Fort Worth ''""
personnel to prepare the appropriate disposal documentation to include waste
profiles, manifests and other appropriate information to facilitate the disposal.
Manifests for waste will be prepared for each shipment that document the waste
to be transported as well as the generator information and disposal outlet. All
manifests will be signed by the appropriate parties to include the disposal outlet
upon final disposition. In addition, Eagle will prepare all LDRs for hazardous
waste that will include the same information. All disposal information will be
submitted to the City of Fort Worth in the final response report.
• Methods for deciding when to conduct remediation of waste and
how remediation rsuch as bio-remediation) will be done;
During the response activities, the response manager will work with the City of
Fort Worth representative to determine the most cost effective and efficient
Technology Description Page 11
Eagle Construction and Environmental Services, LP
manner to perform the response activities. These methods will include gross
removal, on site bioremediation, neutralization or a host of different technological
methodologies. These methods will be dependent upon the material spilled as
well as feasibility and regulatory approval. The response manager will discuss
the various options for remediation with the City of Fort Worth representative as
well as the costs associated with each task. The response manager and the City
of Fort Worth representative will then determine the methodology to be
performed and will implement the procedures. The methodology to be
performed will be implemented in accordance with all regulatory guidelines with
the complete remediation of the waste as the end goal.
Bioremediation/neutralization will include the application of microbial and other
agents to effectively remove, or render non-hazardous, the contaminants from
the impacted media and render the material "clean" by regulatory standards. All
work performed will be documented by the response manager and a final report
narrating the site activities as well as remediation goals achieved will be prepared
and submitted to the City of Fort Worth.
• Methods through which transportation of hazardous and non-
hazardous solid and liduid wastes will be provided:
Eagle owns and maintains a fleet of heavy equipment to include tractor-trailer
and bobtail roll-off trucks, dump trucks and vacuum trucks as well as
supersucker trucks, drum trucks and other related equipment. Once a waste
material is approved for disposal, Eagle will utilize company owned assets in the
form of roll-off trucks, trailers, dump trucks, drum trucks and other related
transportation equipment to transport the waste for disposal. These units will be
dispatched to the appropriate location and all waste will then be loaded and
transported for disposal. Furthermore, hazardous waste shipments will include all
appropriate placarding for hazard class and UN identification numbers for the
transported waste stream.
Technology Description Page 12
Eagle Construction and Environmental Services, LP
• Methods for providin4 sorbent products to the city on an as-needed
basis (a list of sorbents and associated costs is provided in Section 2.7 Cost
Estimate
Eagle maintains a large inventory of supplies and consumables required for
emergency response. A rigorous inventory system ensures that all needed
materials are in stock in an appropriate quantity. These products include
sorbent products and other materials required for all types of responses. These
materials are kept on stock at all times in order to allow the response managers
to access that any time without the possibility of not acquiring the appropriate
materials. This stock of items is maintained and inventoried on a regular basis to
ensure that ample amounts of materials are on-hand at all times. Inventories of
1 the materials include the calculation of the materials and comparison to minimum
J quantity standards developed by Eagle in order to acquire more materials as
needed. Listed below are just a few of the supplies that Eagle maintains for
emergency situations.
Stock Materials
Acid, Hydrochloric Absorbent, Sweep
Acid, Muratic Bags; (Haz-Mat) 6 mil
Acid, Sulfamic (50 Ib. Bags) Boxes, D.O.T. shipping
AFFF Firefighting Foam Brush, Decon
828-Heavy duty cleaner Buckets, Metal open top 5 gallon
Calcium Chloride Buckets, Poly open top 5 gallon
Lime, 50 Ib. Bags Brooms, Corn
Mighty Red heavy duty cleaner
Soda Ash, 50 Ib. Bags Brooms, Street
Sodium Hydroxide Drums, 15 Gallon open steel
Sodium Hypochlorite Drums, 15 Gallon open poly
Absorbent, Fiberpearl Drums, 16 Gallon closed poly
Absorbent, All purpose (granular) Drums, 30 Gallon closed poly
Absorbent, Dri-Sorb (high BTU) Drums, 30 Gallon open poly
Absorbent, Sawdust Drums, 55 Gallon 17E closed steel
Absorbent, Boom Drums, 55 Gallon 17E closed poly
Absorbent, Pads Drums, 55 Gallon 17H open steel
Technology Description Page 13
Eagle Construction and Environmental Services, LP
Drums, 55 Gallon open poly Poly syphon pumps
Drums, 85 Gallon salvage steel Scotchbrite pads
Drums, 85 Gallon salvage poly Spray Adhesive
Decon pools Tape, Duct
Filters, Carbon bed Tape, Haz-Mat banner
Mop Heads Trash Bags
pH sticks Wipes, Disposable
Plastic Sheeting 6 mil 20X 100 ft. Tubes, Colliwassa
• Unidue cavabilities Provider has that could be beneficial to the City's
emeruencv svill response program;
i
In addition to being a locally based company, Eagle is the largest environmental
remediation company in Texas. We maintain a vast inventory of equipment in-house
such as vacuum trucks, supersucker air-movers and other specialty locally that can be
used to assist the City of Fort Worth in any environmental situation. We maintain a
Consulting/Technical Services Division and a OSHA/HAZMAT Training Division in-house,
as well as personnel that specialize in Industrial Hygiene and Health and Safety. Eagle's
in-house, full-service capabilities can assist the City of Fort Worth in eliminating multiple
contracts while improving the cost and time efficiency associated with handling the
City's environmental issues.
In addition, Eagle has specialized emergency response capabilities for handling
potentially reactive and explosive chemicals (such as ether peroxides and picric acids),
surplus and off-spec explosives, ordnance and cylinders. Eagle's R.E.D (Reactives
Explosives Disposal) Team is headed by Army trained Explosive Ordnance Disposal
(EOD) specialists and is equipped to handle a wide variety of explosive risk materials.
Specialized R.E.D Team equipment resources include remote-opening devices, blast
shields, armored suits, transport containers and blast trailers.
In addition, Eagle owns a RAPID 7200 system for identification of anthrax and multiple
AW other biological agents. Along with the RAPID 7200 system, we also maintain a BTA
test kit for a more rapid identification of biological agents in the field.
Technology Description Page 14
A
2.7 COST ESTIMATE
Providers should provide a price estimate for each task of each technology method
proposed for this project. At least those tasks shown in the following list should be
included. The Provider may wish to include additional tasks as appropriate depending on
the complexity of the technology proposed. A cost estimate for each task associated with
a subcontractor should be provided.
NO COMPENSATION SHALL BE PAID to the Provider for the cost of obtaining and
maintaining insurance, bonds, licenses, and certificates as required herein, as these are
considered subsidiary to other items for which lump sum or unit prices are requested in
this Proposal.
COMPLETE THE FOLLOWING TABLES AND ATTACH A LIST OF SORBENT
PRODUCTS AND ASSOCIATED PRICES
SORBENT PRODUCTS MUST INCLUDE AT A MINIMUM THE FOLLOWING:
OIL PADS, OIL BOOMS AND SOCKS, UNIVERSAL PADS, UNIVERSAL BOOMS AND
SOCKS, UNIVERSAL SPILL KITS,AND BIODEGRADABLE SORBENTS
DEMU4-0-1:ES R
MARCH 4, 2004 2-19
Add additional sheets as necessary.All categories may not be required for completion of this
contract Be sure to indicate a description of the type of supervisor,technician,etc.
LABOR TYPE PRICE/HOUR
Principal 50.00
Manager 50.00
Supervisor 75.00
Supervisor
Supervisor
Site Safety Officer 30.00
Certified industrial Hygienist(CII
Scientist Chemist 40.00
Scientist Geologist 65.00
Scientist Hydrologist 40.00
Scientist Biologist 45.00
Engineer 40.00
Technician Emergency 50.00
Re ns
Technician
Technician Equipment 50.00
Operator
Technician Truck 50.00
Driver
Specialist
Specialist
Clerical
Other Holiday Pay Two (2) x Listed
Hourly Rate
Overtime(indicate days and hours 1.5 X Listed
ovwdm•will be chargeW Rate
Markup Outside Services C + 1
Laboratory Services,
Disposal, Materials
Not Listed Herein
DEM04-04:ES R
MARCH 4,2004 2-20
PPE TyRe Price I Unit
Booties Saranex / Latex 3.00 each
Boots Acid Resistant 38.73 each
Boots Rubber Steel Toed 10.72 each
Overshoes Latex 4.00 pair
Gloves Brown Jersey Cotton 2.00 pair
Gloves Neox, 14" 6.71 pair
Gloves Nitrile 3.00 pair
Gloves Petroflex 2.25 pair
Gloves Leather 6.94 pair
Gloves Sample 2.00 pair
Gloves Butyl 30.00 pair
Glove Liners Cotton 0.48 pair
Level ON Sud Kappler Responder 690.00 each
Level'X Sud
Level'M Sud
Level'X Sud
Level"B'Suit Kappler CPF N 185.00 each
Level"B"Suit Kappler CPE III 175.00 each
Level W Sud
Level'C*Sud
Level TO Suit
Splash Suit 520.00 each
Saranex Suit 24.00 each
Tyvek Suit 14.00 each
DEM04-04:FS R
MARCH 4,2004 2-21
I
Absorbent clay 6.50/bag
Absorbent OR Boom 8" x 10" (4/bdl 1 92.00/bdl
Absorbent 01 Pad 18" x 18" (100/ ) 36.00/bdl
Absorbent vermiculite 18.00/bag
Absorbent Oil Snare 7.50/box
Absorbent Dri-Sorb 18.00/bag
Absorbent
Wipes 8.50/bdl
Lime 50 lb.Bag 8.43/ba
Sodium Hypochlorite Gallon 2.83/gal
AFFF Drum 2,835.00 each
AFFF 5 gallon pal 285.00 each
Decon Supplies Brush 4.45 each
Decon Supplies Pails 7.95 each
Decon Supplies Pools 6.46 each
Decon Supplies
Plastic Sheeling 3 mil - 20' x 100' 75.00/roll
Plastic Sheeting 6 mil - 20' x 100' 120.00/roll
Plastic Sheeting
Pump 2" Trash 75.00/dap
Pump Submersible 75.00/day
Pump 3" Centrifugal 125.00/day
Samplers colwasa
Samples
Samplers
Other Duct Tape 7.00/roll
Caution Tape 10.00/roll
DEN04-04:ES R
MARCH 4, 2004 2-22
Containers TyRe Prig2l Unit
Bucket DOT/plastic - 5 Gallon 12.00 each
Bucket DOT/Metal - 3 Gallon 18.00 each
Bucket
Drum 1A1 48.00 each
Drum 1H1 48.00 each
Drum Poty salvage - 85 Gallon 209.00 each
or Faual
Drum Steel salvage- 85 Gallon 175.00 each
Drum 55 Gallon Steel Open Top 55.00 each
Drum 55 Gallon Poly Open Top 71.20 each
Drum 40.50 each
Drum 65.00 each
Boxes 1 CY HAZMAT 149.80 each
Boxes
Rog off 20-40 CY w/Tarp 16.00/day
Rog off Liner 20.00 each
Bags 6-Mil 2.50 each
DEM04-04:ESR
MARCH 4,2004 2-23
Monitor Equipment Type Price/Unit
PID 40.oo/day
PID
Oxygen Meter 30.00/day
OVA FID 100.00/day
OVA
Explosimeter 30.00/day
Tritector T umi dor 40.o0/day
Multiple Gas Detector 40.00/day
Detector Tubes Drager 12.00 each
pH Meter 15.00/day
pH Paper 12.00/pkg
HazCat Anaylsis 40.00/test
DO Meter 20.00/day
Sub-surface Soil Sampler Slim Tube 14.00/day
RAPID 7200 RADID 7200 960.00/sample
BTA 236.00/day
BTA Test Strip 60.00 each
BTA Sample Kit 40.00/day
DFM04-04:ES R
MARCH 4, 2004 2-24
MOWS Equipmeat TYRO Price/Unit
Emergency Response Vehicle 5.00/hour
Mleage 0.50/mile
Crew Truck 5.00/hour
Mleage 0.50/mile
Utility Vehicle 4.50/hour
Mhge 0.50/mile
Trader 5.88/hour
Trailer 4.00/hour
Vacuum Truck 55.00/hour
Bobcat 33.00/hour
Backhoe/Loader 42.00/hour
Excavator 75.00/hour '
Rubber Tire Loader 50.00/hour
Tractor 35.00/hour
Tractor
Tiler 8.75/hour
Motorized Street Sweeper 38.00/hour
Roll-Off Truck Bobtail or Tractor
Trailer Ri 55.00/hour
Dump Truck 20 CY 35.00/hour
DE1M04-04:ESR
MARCH 4,2004 2-25 `
Material Typt Price I Unit
Compressor 185 CFM 14.00/hour
Compressor 100 CFM 12.00/hour
Pump
Pump
Pump
Pump
Pump
Pump
Pump
Pump
Boat 10-12 FT Work 125.00/day
Boat 14-16 FT Work 150.00/day
Boat 16-18 FT Work 400.00/day
Boat 16-18 FT Fast Response 225.00/day
Broom Street 12.53 each
Broom Corn 6.87 each
Boom 10" Containment 1.10/ft/day
Boom 18" Containment 1.50/€t/day
Boom 24" Containment 1.90/ft/day
Stammer Saucer 210.00/day
Slammer Mini Skimmer 250.00/day
DEM04-04:ESR
MARCH 4,2004 2-26
Blower Gas Backpack 2.00/hour
Blower
Auger 2-Man Hand Held 2.00/hour
Auger
Generator 4 KW 15.00/hour
Drum de-header Pneumatic 125.00/day
Lights Explosion Proof 12.00/dap
Light plant Trailer 25.00/day
Post hole digger 2.04/hour
Pressure washer 3000 psi 180.00/day
Pressure washer 10,000 psi 600.00/day
Reactive chemical carrier 40.00/use
Remote drilling apparatus 140.00/use
Fire suit 300.00/dap
Non-sparking tool Idt 20.00/day
Vacuum BEPA 48.19/day
Vacuum Mercury 90.00/day
Vacuum
DEM04-04:ESR
MARCH 4,2004 2-27
PIMP 2" SS Diaphram 210.00/day
BOOf° Mini 0.75/ft/day
Universal Pads 4" x 13" 96.00/50 Court
Universal Boom 3" x 12" 32.00 each
Universal Spill Kit 66.00 each
Biodegradable Sorbent 28.00/bag
Oil Socks 8" x 10' (4/bdl) 92.00/bdl
Rain Slicker 49.50 each
Barrel Syphon 32.50 each
Degreaser/ Surfactant 18.00/gal
Universal Sock 3" x 10" 32.00 each
look..
DEM04-04:ESR
MARCH 4,2004 2-28
2.8 QUALIFICATIONS IFICATIONS OF THE PROVIDER
Provider shall identify its company name, address, telephone number(s), and FAX
number(s)for the local office as well as the headquarters.
Provider shall attach a copy of its current Statement of Qualifications. If subcontractors
are to be utilized for services to be provided, current Statements of Qualifications for
those companies must also be included.
Provider shall submit a Pre-Audit Package for each Class II or Grease Trap Waste
Disposal subcontractor to be used under this Contract. Al disposal firms must complete
a pre-audit screening checklist and include it as a submittal under this section. Pre-
Audits must be less than six(6) months old.
NOTE: If the waste is either Hazardous or Class I Non-Hazardous Waste, the
Provider shall contact the City to make arrangements for disposal through the
hazardous waste disposal company under separate contract with the City.
Provider shall submit a brief resume (one page maximum, 10 pt type minimum) of each
professional person who will be assigned to this contract. Identify key persons by name
and title and describe the primary work assigned as well as the percentage of time each
person will devote to this contract.
Document Provider's experience with emergency response, emphasizing experience
working for any municipality. If applicable, photographs, schematic drawings, and
vendors' brochures should be included with a narrative description. A copy of the
Provider's Health and Safety program must be submitted as Provider's Qualifications
Document 2.15.
INCLUDE A COPY OF THE QUALIFICATIONS AND THE PRE-AUDIT SCREENING FORMS
FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE
DEM04-04:ES R
MARCH 4, 2004 2-29
I
EMERGENCY RESPONSE CAPABILITIES & EXPERIENCE
Prepared for:
City of Fort Worth Purchasing Division
1000 Throckmorton (lower level)
Fort Worth, Texas 76102 - 6311
poll
Prepared by:
Eagle Construction and Environmental Services, LP
P.O. Box 872
Eastland, Texas 76448
March 2004
Eagle Construction and Environmental Services, LP
Table of Contents
Company Overview Section I
Emergency Response & Remediation Capabilities Section 2
Equipment and Materials Section 3
Major Incident Management System Section 4
Quality Assurance/Quality Control Section 5
Appendices
Example ER Report Appendix A
Representative Projects Appendix B
Resumes Appendix C
Corporate SOQ/Brochure Appendix D
Pre-Audit Checklists Appendix E
Generic Site Specific Health & Safety Plan Appendix F
E
Eagle Construction and Environmental Services, LP
F
I
SECTION 1: COMPANY OVERVIEW
Eagle Construction & Environmental Services, L.P.
Fort Worth Terminal
9204 Highway 287 N.W.
Fort Worth, Texas 76131
(800)336-09091 -24-Hour Emergency Response Dispatch
(817) 847-1333 -Phone
(817)306-8086 - Fax
Eagle Construction & Environmental Services, L.P.
Corporate Office
9701 East Interstate 20
Eastland, Texas 76484
(254) 629-1718— Phone
(254) 629-8625—Fax
Eagle Construction and Environmental Services, LP (Eagle) is a professional,
multidisciplined firm that provides advanced environmental emergency response,
remediation, construction and demolition activities, as well as technical and
training services. Eagle provides its clients with the best resources and most
practical technologies available for the remediation, disposal, restoration and
management of environmental issues.
The Company
Eagle, based in Texas, was founded in 1981 by company President and Chief
Executive Officer Joe L. Walraven. Our company began as a commercial
construction company serving the West Texas Region and procured a variety of
Emergency Response capabilities&Experience Page 3
Eagle construction and Environmental Services, LP
heavy equipment to meet varying project needs and demands. Recently, Eagle
has been recognized by the Small Business Administration as a HUBZone
business.
Our services have expanded rapidly because the company recognized that the
new and ever changing environmental regulations would have a significant effect
on all industrial activities well into the next century. As a full-service
environmental contractor, we specialize in emergency response, environmental
construction, remediation, transportation of various waste streams, technical
services, health and safety training and industrial hygiene services. Eagle
provides turnkey services for a variety of projects. The company's permanent
staff of more than 325 employees includes highly motivated professionals who
specialize in various fields, such as emergency response, remedial investigations,
waste management, remedial design, remedial action implementation, project
management, and closure document preparation. Eagle's professional staff has
extensive experience related directly to the environmental field. The education
and technical training of Eagle personnel covers the full range of environmental
disciplines and assures our customers thorough consideration of all critical
environmental aspects key to each project.
Today, Eagle offers quality emergency response services nationwide and has
expanded planned remediation operations to include Texas and the bordering
states (Louisiana, Arkansas, Oklahoma), as well as Ohio and South Carolina. The
company's corporate headquarters is located in Eastland, Texas with district
offices in La, Porte (Houston), Fort Worth, and San Antonio, Texas; Gonzales,
Louisiana; Little Rock, Arkansas; Findlay, Ohio and Aiken, South Carolina. In
addition to the professional services, each office maintains a competent support
staff which includes field supervisors and technicians, and the equipment and
Emergency Response Capabilities&Experience Page 4
Eagle Construction and Environmental Services, LP
supplies needed to complete a variety of planned projects as well as respond to
emergency situations.
Eagle's offices are strategically located so that our Remediation and Hazardous
Materials Strike Teams are prepared to respond to incidents within the immediate
office area within an hour and any areas of the southern area of the country in a
timely manner. Eagle has engaged several professional companies across the
nation to assist in responding to emergency situations. Eagle has 186 qualified
team members covering 49 states and Puerto Rico that can be called on 24 hours
a day to assist when needed.
Over the past 25 years, Eagle has developed into the leading full service
environmental service contractor in Texas. Company assets exceed $20 million
and include heavy remediation and construction equipment, emergency response
equipment, personal protective equipment, boats and a large fleet of vehicles for
transporting a variety of waste streams, as well as a turbo prop jet airplane for
rapid deployment of personnel.
In addition, Eagle provides design and remedial services to the private sector, as
well as numerous municipalities and agencies in local, state and federal
government. The following is a partial list of municipalities (and contacts) with
which Eagle maintains current contracts and performs frequent emergency
response work:
City of Irving
P.O. Box 152288
Irving, Texas 75015
Terry Rogers
(214) 721-2248
f
Emergency Response Capabilities& Experience Page 5
Eagle Construction and Environmental Services, LP
MEMNON
City of Garland
200 N. 5"' Street— 2"d Floor
Garland, Texas 75040
Gary Holcomb
(972) 205-2427
San Antonio — City Public Service
145 Navarro
San Antonio, Texas 78205
Dorris Cooksey
(210) 353-2077
City of Houston
2636 S. Loop West, Suite 400
Houston, Texas 77054
Sgt. Mike Walsh
(713) 218-5723
City of San Antonio - Environmental Services Department
1920 GrandStand
San Antonio,Tx 78238
John Cantu
(210) 207-6450
Because of the company's vast experience with so many sectors of the
community, we can offer a wealth of knowledge to our clients. Eagle
understands the needs of its clients and we tailor all designs and services to
meet those needs. Eagle utilizes state-of-the-art technologies and computer
software to plan and develop all remedial services. A rigid QA/QC policy provides
the proper control through all phases of project design and field activities. Eagle
employees continually strive to stay abreast of changes and improvements in
their specialized fields and offer innovative proposals for today's environmental
technology and remediation challenges. In addition, we maintain a
comprehensive portfolio of insurance coverages, including Contractors Pollution
Liability, MSC 90 for hazardous waste transportation, Professional Liability,
General Liability, Workers'Compensation, Automobile and other coverages.
Emergency Response Capabilities&Experience Page 6
Eagle Construction and Environmental Services, LP
00.,
Company Objectives
Eagle's first priority is to provide quality, expense-controlled services and
solutions to meet each client's budget and scheduling needs. We are committed
to developing new and innovative approaches to successfully complete all
projects by applying state-of-the-art technology to achieve full compliance with
all applicable regulatory requirements and standards while seeking the most
cost-effective solutions for our clients.
Resources
Over the past 25 years Eagle has expanded its resources, capabilities and
technologies to become the premier and only full service environmental
contractor in Texas and surrounding states. Eagle provides a unique
combination of resources to effectively address the environmental issues faced
by industry, business and government today. These resources include an
experienced staff supported by state-of-the-art technical facilities and equipment.
In order to provide our clients with the most up to date technologies in
environmental management, we maintain on-going research into developing
environmental issues. This includes current computer databases for regulatory
tracking and access to federal, state and local environmental regulations and
records. Additionally, Eagle has in place an extensive nationwide network of
prequalified subcontractors for support services including emergency response,
transportation and disposal. To assure unbiased, objective testing data during
the development and execution of each project, we utilize only qualified
independent laboratories for analytical support.
Emergency Response Capabilities&Experience Page 7
Eagle Construction and Environmental Services, LP
SECTION 2: Emergency Response & Remediation
Eagle provides emergency/spill response services to numerous municipalities,
agencies and private sector clients. Our experience with such a broad specrum
of clients allows us to provide this service in a cost effective, timely and safe
manner. The company's Hazardous Materials Emergency "Strike Teams" have
earned an unequaled reputation for handling hazardous materials incidents in a
safe, professional and successful manner while protecting the surrounding
environment and limiting the liability of the client. Eagle has successfully
managed several thousand hazardous materials incidents in the area and across
the nation involving highly hazardous and toxic materials. These emergency
response services have been provided by Eagle's highly trained Emergency
Response Strike Team personnel and company resources in conjunction with
select highly qualified subcontractors.
Eagle has specialized emergency response capabilities for handling potentially
reactive and explosive chemicals (such as ether peroxides and picric acids),
surplus and off-spec explosives, ordnance and cylinders. Eagle's R.E.D
(Reactives Explosives Disposal) Team is headed by Army trained Explosive
Ordnance Disposal (EOD) specialists and is equipped to handle a wide variety of
explosive risk materials. Specialized R.E.D Team equipment resources include
remote opening devices, blast shields, armored suits, transport containers and
blast trailers.
Emergency Response Services provided by Eagle includes:
• Oil and Chemical Spill Response
• Emergency Planning/Response Audits
• Compressed Gas and Liquid Product Transfer
Emergency Response capabilities&Experience Page 8
Eagle Construction and Environmental Services,, LP
Industrial Fire/Explosion Response
• Extremely Hazardous Materials and Product Escorting
• Spill Prevention Surveys
• Abandoned Waste Investigation, Handling and Disposal
• Reactives and Explosives Disposal, Neutralization and Stabilization
• Bioremediation of several sites utilizing land farming, heap piling
and in-situ technologies
• Removal of both organic and inorganic compounds from
contaminated water using state-of-the-art treatment technologies
• Facility Decontamination to remove lead, mercury, PCBs and other
compounds
• Free product recovery from the subsurface via recovery wells and
interceptor trenches
Eagle can mobilize and respond within minutes to virtually any incident within the
City of Fort Worth utilizing fully-stocked support vehicles that contain all levels of
protective equipment and response materials. Eagle's fleet of emergency
response management vehicles include fully equipped reference libraries,
electronic communications, SCBAs, respirators, air sampling equipment, HazCat
kits, fully encapsulated suits, and other critical equipment required for a first
response. An Eagle emergency response manager can be dispatched within 15
minutes after the client has notified either of Eagle's toll free telephone numbers
which are answered 24-hours-a-day. Additional personnel and equipment follow
within minutes, via pre-loaded response trucks and trailers. Support materials
and equipment can also be provided from company-owned, fully stocked
warehouses.
Eagle applies advanced spill, leak and fire control measures to minimize the
Emergency Response Capabilities&Experience Page 9
Eagle Construction and Environmental Services, LP
impact of fires, accidents, catastrophes and emergencies in applications ranging
from petrochemical plants to industrial facilities to truck and rail transportation.
Also, strike team members can control spills, leaks, and fires from drums,
compressed gas cylinders, tanks and intermodal containers. This includes
performing hot or cold tapping to permit egress from containers and vessels
when the normal valves and plumbing are damaged or inaccessible.
In addition to providing Emergency Response Services, Eagle has extensive
capabilities and experience in remediation of contaminated and environmentally
impaired sites, as well as clean-up, handling and disposal of hazardous materials.
Eagle has the ability to provide an integrated approach to environmental
management and handles all project phases from investigation through design to
final clean-up.
Eagle's Remediation and Construction Services include: '`
• Pond Closures and Capping
• Roll-Off Boxes, Frac Tanks and Poly Tank Rentals
• Vacuum Truck Service
• Hazardous/Nonhazardous Waste Stabilization Technologies
• UST Decommissioning and AST Installations
• Waste Water Treatment
• Solid and Liquid Hazardous/Nonhazardous Waste Transportation
and Disposal
• Sludge Removal and Solidification
• Landfill Construction and Closure
• Demolition
• Hazardous Materials Remediation
• Post Disaster Decontamination, Restoration and Demolition
Emergency Response Capabilities&Experience Page 10
Eagle Construction and Environmental Services, LP
Bioremediation
• Aquifer Restoration
• Facility/Site Closure
• Oil Spill Cleanup and Refinery Services
• Asbestos Management
• Chemical Lab Packing and Disposal
• Post-Closure Monitoring and Maintenance
• Explosives Disposal and Demolition
Eagle personnel design, construct and operate complete treatment systems for
remediation of environmental contaminants. Remediation project experience has
encompassed successful application of a wide variety of advanced treatment
technologies, including stabilization, neutralization, oxidation, vapor extraction,
chemical precipitation, dewatering, thermal desorption, solidification,
bioremediation, capping and removal. Contaminants successfully treated by
Eagle include metals (Arsenic, Barium, Cadmium, Lead, Nickel, Selenium and
Zinc), Polychlorinated Biphenyls, Pentachlorophenols, pesticides, and various
other inorganic and organic chemicals.
Eagle's bioremediation capabilities include both off site or on-site treatment
utilizing land farming, wind row, heap pile and other technologies. Eagle has
successfully bioremediated gasoline, diesel, jet fuel, hydraulic oils, motor oils and
waste oils to non-detectable levels. Eagle designed, permitted and operated the
first bioremediation facility in the state of Texas for the U.S. Air Force under
Texas Administrative Code regulations at Dyess Air Force Base in Abilene, Texas.
Over 10,000 cubic yards of impacted soils were treated to non-detect levels as
well as bioremediating approximately 12,000 cubic yards of soil impacted with
creosote at a newly designed and constructed remediation facility in Houston.
Emergency Response Capabilities& Experience Page 11
Eagle Construction and Environmental Services, LP
Bioremediation offers the ideal solution to remediation of petroleum
contaminants as opposed to disposal by landfills, incineration and other
technologies resulting in reduced liability to the generator.
Eagle also maintains a Technical Services Division which specializes in
environmental and industrial hygiene consulting and testing services supporting
all environmental projects. Eagle's professional staff includes experienced
geologists, chemists, biologists and scientists.
Eagle's Professional Technical Services include:
• Environmental Audits
• Risk Assessments
• Site Investigations
• Remedial Investigation/Feasibility Studies (RIFS)
• Remedial Action Plans (RAPs)
Remedial Design
• Remedial Action Management
• RCRA Facility Investigation (RFIs)
• Regulatory Compliance and Permitting
• Facility Operations Consulting
• Contingency/Pollution Prevention Audits and Plans
• Oil Pollution Act '90 Audits and Plans
• Industrial Hygiene and Safety
• Hydrogeological Consultation and Investigations
• Special Resources (Wetlands, Endangered Species)
Permitting
• Computer Modeling
Emergency Response capabilities&Experience Page 12
Eagle Construction and Environmental Services, LP
A011 Eagle's professional services can be provided independently of or integrated with
the company's remediation services. The integrated approach to management of
environmental issues is increasingly desired by clients who today are seeking
more "end-result" oriented solutions.
Eagle employs a staff of full-time personnel who specialize in waste
characterization, waste tracking and disposal coordination. In addition, we
maintain a fleet of heavy equipment to include roll-off trucks and trailers, 20-
cubic yard dump trucks, drum trucks and other related equipment dedicated to
the support of our Emergency Response and Remediation Services. These
personnel streamline the characterization, transportation and disposal of all types
of waste streams to include municipal, special, hazardous and non-hazardous
solid and liquid waste by maintaining "blanket" agreements with disposal
facilities. All coordinators are trained in all disposal procedures to include the
101 completion of profile forms as well as all manifesting and Land Disposal
Restriction (LDR) forms as necessary.
All Eagle employees dispatched to emergency responses are certified to have
received 40 hours of Hazardous Waste Operations training in accordance with 29
CFR 1910.120 Sections B-0, plus additional training in accordance with 29 CFR
1910.120 Section Q 6 (iii) Emergency Response through the Technician Level. In
addition, our Response Supervisors receive an additional 16 hours of Incident
Command Training in accordance with 29 CFR 1910.120 Section Q 6 (v). These
employees have identification cards on their person to verify training. All master
certificates and validation for each employee's training are on file at Eagle's
Corporate offices located at 9701 I-20 East in Eastland, Texas.
Emergency Response Capabilities& Experience Page 13
Eagle Construction and Environmental Services, LP
Eagle maintains on-going training and education of its personnel to ensure that
the latest techniques and regulations affecting the industry are incorporated into
our services. Personnel attend regular in-house training sessions, EPA sponsored
courses and other respected environmental, industrial hygiene and safety
training programs from major university environmental training centers. All
project personnel are required, at a minimum, to complete 40 hours of Eagle in-
house or approved training conforming to the requirements of 29 CFR 1910.120
Section E. Emergency Response project staff receive an additional 24 hours of
training conforming to the requirements of 29 CFR 1910.120 Section Q.
Additional training is provided for specialized staff as required, including Confined
Space Entry and Rescue. Eagle personnel participate in a Company sponsored,
medical surveillance program that complies fully with 29 CFR 1910.120 (f).
Initial employment and annual physicals are required and a substance abuse
program is in place which requires initial pre-employment and random testing.
Eagle believes that providing equal opportunities to all individuals is essential. ``
We employ the best qualified personnel and provides equal opportunities in a
manner which will not discriminate against any person based on race, color,
religion, sex, age, national origin, handicap, or veteran status. A copy of the
Company's Equal Employment Opportunity Policy Statement is available upon
request.
Eagle and its staff members maintain numerous affiliations, associations and
certifications with respected industry associations, including:
• American Industrial Hygiene Association
• American Professional Geologist
• American Society of Safety Engineers
• Arkansas Licensed Contractor
• Arizona Licensed Contractor
Emergency Response Capabilities&Experience Page 14
Eagle Construction and Environmental Services, LP
i • Association of Groundwater Scientists
• Chemical Manufacturing Association (ChemNet Certification)
• Local Emergency Planning Committees
• Louisiana Licensed Contractor
• Louisiana D.E.Q. UST License
• National Safety Council
• New Mexico Licensed Contractor
• Society of Petroleum Engineers
• Society of Texas Environmental Professionals
• Texas Bar Association - Environmental Section
• Texas Bioremediation Council
• Texas Hazardous Materials Managers Association
• Texas Motor Transport Association
• Texas Underground Storage Tank Contractors
• Buffalo Bayou Chapter of the Academy of Certified Hazardous Materials
Managers
• Industry (Association of Environmental, Petrochemical and Petroleum
Industrial Markets)
Emergency Response Capabilities& Experience Page 15
Eagle Construction and Environmental Services, LP
SECTION 3: EQUIPMENT AND MATERIALS
Eagle owns and maintains in excess of twenty million dollars worth of equipment
for remediation and demolition jobs. All equipment is maintained in a ready state
24 hours a day. Equipment and personnel can be mobilized to all areas of our
service region with in moments of contact. Personnel and field supplies can be
rapidly mobilized to distant locations where other team members are providing
support via our company owned airplane.
Company wide, Eagle owns more than 100 pickup trucks, 14 vans/suburban type
vehicles, 10 automobiles and one twin turbo prop air plane for mobilizing
personnel and field supplies in emergency and non-emergency situations to
distant locations. Additionally, Eagle owns 16 fully stocked emergency response
trailers, one 45' tractor trailer Emergency Response Van, 14 utility trailers and 3
mobile decontamination trailers. Eagle's 22 all terrain vehicles ensure access at
remote locations. Eagle also owns 23 Mack tractors and various trailers for
mobilizing heavy equipment and large volumes of supplies when needed. Eagle
owns enclosed 40' vans, 14 cubic yard dump trucks and 20 cubic yard end
dumps for transportation of contaminated materials. Eagle also has the
capability of installing mobile office units when necessary.
Eagle owns office trailers that are all fully equipped with phones, fax machines,
computers and furniture. Eagle also owns 10 roll-off tractor trailer units and over
200 roll-off boxes, 5 bobtail roll-off units, 8 vacuum trucks and 14 frac tanks
along with an array of other various size holding tanks.
Eagle maintains vehicles in our Ft. Worth, Houston, San Antonio, and Eastland,
Texas offices as well as our Gonzales, Louisiana and Little Rock, Arkansas
Emergency Response Capabilities&Experience Page 16
Eagle Construction and Environmental Services, LP
location, which are dedicated for providing emergency response services. These
vehicles are always stocked with the equipment listed below.
Emergency Response Vehicle Inventory
1-800 mhz. Company radio 1 Come a long
1 Cellular telephone 1 Hammer drill
1 Hand held company radio 1 Set, Air & Nitrogen regulators
Reference library 1 Ventilation fan
1 M.S.A. mini-guard L.E.L., 02, Co. 25 Tyvec splash suits
1-35 mm camera 6 Life Guard Responders (Level A)"Life
1 Portable generator(110/220) Guard"
1 OVM-PID 6 Barricade Encapsulated (Level B)
4 S.C.B.A. (Frontline)
4 Air bottles (spare) 12 Barricade hooded coveralls (Frontline)
8 M.S.A. Full-face Respirators 24 P.V.C. hooded coveralls (Expendables)
6 Safety glasses 48 Saranex hooded coveralls (Kappler)
10 Ear plugs 24 Latex Booties (Best)
1 Emergency Eye Wash (5) gallon 36 Neoprene gloves (Edmont)
4 Flash lights 36 P.V.C. gloves (Edmont)
1 First aid kit 24 Nitrile gloves (Edmont)
1 Fire Extinguisher (full) 24 sample gloves (Best)
1 Fire Extinguisher (empty) 12 Cotton glove liners (Jersey)
1 Water cooler 12 Butyl rubber gloves (North)
1 Safety can (gasoline) 6 Steel toe rubber boots
1 Drum dolly 30 GMC (OVAG) cartridge
10 traffic cones 30 GMC - H (OVAG-HEPA) cartridge
1000 Watt light bank 30 GMD (Ammonia/methylamine) cartridge
200'Water hose 24 GMP (Pesticides, organic vapor, paint)
6 Extension cords cartridge
1 50'Air hose 500 lbs. Oil-dry
2 Drum straps 250 lbs. Soda Ash
4 Drum speed and bung wrenches 20 gallon 828
4 Decon pools 25 gallon Mighty Red
8 Decon brushes 5 gallon Caustic soda
4 Poly 5 gallon buckets with lids 5 gallon Muratic acid
4 Corn brooms 50 lbs. Sulfamic acid
4 Street brooms 4 85 gallon salvage drums"steel"
2 Pump sprayers 3 gallon 1 85 gallon salvage drum "Poly"
P.C.B. Field test kits 1 Funnel
4 Square head shovels 6 Utility Knives
4 Spade point shovels 1 17 E drum "poly"
2 Grain shovels 6 Drum gaskets
4 Rakes 5 Poly drum pumps
2 Hoe 4 8'x20' Sorbent Booms
4 Scrapper long handle 4 8"X 50 Sorbent Booms
4 Squeegee, 24" 8 Bndls absorbent pads (100) ea.
1 Sledge hammer 8 Ib. 4 Rolls 6 mil Poly sheeting 20'x100'
1 Pick 2 Boxes Trash bags
1 Bolt Cutter 1 Roll 6 mil drum liners
+t 1 Crow bar 2 Reels 1/2' rope
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Eagle Construction and Environmental Services, LP
8 rolls duct tape 1 Label/placard kit
6 Pkg's pH Paper 4 Boxes Squincher
24 Sample jars 1-L Amber. 1 Ladder 24'
16 Sample jars 16 oz. 1 Diaphragm pump M2
50 40 ml. VOAs 1 Leaf blower
10 Disposable Bailers 4 Cylinders"J"Breathing Air
4 Tedlar bags 1 Trauma kit
1 Interface Probe 1 Decon kit
1 Hand auger 1 Complete tool kit
3 Roll Haz-Mat banner tape 1 Leak repair kit/asst. Gasket material
1 5-gallon MICROBLAZE
1 Roll Caution banner tape
All 13 excavators (trackhoes) owned by Eagle are outfitted with both excavation
and clean-out buckets. Many of our excavators are fitted for grapples, shears
and/or concrete breakers owned by Eagle to facilitate derailment activities. In
addition, Eagle owns Volvo 30 ton articulating dump trucks allowing large
volumes of material to be moved rapidly on-site when needed. Listed below are
several pieces of heavy construction and other equipment owned by Eagle.
Additional equipment, such as scrapers and pugmills, are available to Eagle and
can be mobilized upon request.
Heavy Equipment
Hitachi EX300 Excavator John Deere 570A Maintainer
CAT 215 Excavator 182 Bomag Vibratory Compactor
10-Komatsu 200 Excavators CAT 563 Vibratory Compactor
Komatsu PC 220 Excavator 6-Farm Tractors with tillers and plows
Komatsu PC 300 Excavator Vacuum Truck- 7,000 gallon
2 - CAT 963 Trackloader 3-Vacuum Trucks - 5,880 gallon
International 520 Front End Loader Vacuum Truck- 3,360 gallon
International 510 Front End Loader Vacuum Truck- 2,500 gallon
CAT 926 Front End Loader Transport Truck- 5,880 gallon
CAT 928 Front End Loader 3 20-cubic yard dump trucks
Cat D-8 Dozer 8-14-cubic yard dump trucks
2-CAT D6 Dozer- Grubber and Plow 2- Volvo 30 Ton Articulating Dump Trucks
CAT DSHXL Dozer 200-25-cubic yard roll-off containers
CAT DSHXL Dozer -winch 4-Roll-off Container Trucks
CAT D4H Dozer 4 Equipment Haul Trucks
International TD15C Dozer 4-Case 580 Extendahoe
John Deere 450G Dozer 2-Cat 426 Extendahoes
International 520 Forklift 8-Cat 416 Backhoes
International IT40 Forklift CAT 426 Backhoe
Clarke Fork Lift Case 480D Backhoe
15 Ton Loraine Crane John Deer 300B Backhoe
15 Ton Gallon Crane 6-mobile welding units
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Eagle Construction and Environmental Services, LP
I
Transfer Eauilnment
Pumps:
1"Teflon lined Corken gas compressor 2"Stainless Steel diaphragm pump
1" Polyethylene diaphragm pump 2" Polyethylene diaphragm pump
1"aluminum diaphragm pump 2"Carbon steel centrifugal pump
2"Aluminum diaphragm pump 3"Carbon steel centrifugal pump
Hose:
Stainless steel braided Crosslinked polyethylene
Stainless steel braided/teflon lined Monel
Blue flexwing - Speclar LPG/Ammonia
Patch Tools and Eauiament
Chlorine A,B,C kits Sheet butyl rubber
Edwards and Cromwell response kits Sheet PVC
Plug-n-Dike powder Packing gland gasket material
Aqua seal Lead Wool
Petro seal Nylon ratchet straps
Dome clamps Grench tool
Assorted plugs 1/z"& 3/4"drive socket sets
Assorted patch material 0-600 psi liquid filled S.S. gauges
Gasket material Assorted pipe wrenches
"O" ring gasket kit Assorted pipe tools
Goretex tape Hydraulic jack
Teflon tape 3/8"chain and binders
Sheet teflon Wheel valve wrench
Sheet neoprene
Boats
10-14'Aluminum with motor 2-18'Alumaweld with 150 hp motor
Eagle utilizes state-of-the-art communications equipment to enhance our
emergency response and remediation capabilities. All mobile office trailers are
equipped with cellular and land line phone systems, and fax machines. All of our
main offices are equipped a fully networked computer system capable of Internet
access with electronic mail capabilities. Many of our field personnel are assigned
lap top computers equipped with modems to enhance communication and
information transfer. Hand held radios are utilized on projects covering large
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Eagle Construction and Environmental Services, LP
areas. All Project Managers and Project Supervisors are equipped with alpha
numeric pagers which are worn at all times. Project Managers and Project
Supervisors are available by cellular phone when away from the office or project
location.
Communication Equipment
Alpha numeric pagers Lap top computers with modems and
Cellular telephones communications software
Land-line telephones Fax machines
Office computers with modems and Hand held radios
communication software Truck Mounted 800 mhz radios
Additionally, Eagle owns numerous pieces of field analytical equipment and
personal protective equipment (PPE) which is utilized on many of our projects.
Eagle personnel receive extensive training in the proper use and maintenance of
this equipment. Listed below are some of the field analytical and personal
protective equipment owned by Eagle.
Field Analytical Equipment
Combustible gas monitors Hazard categorization kits
Oxygen deficiency monitors Carbon monoxide monitors
Photoionization detectors High pressure leak detector
Pyrometer Personal air monitors
pH meters Miniram Real Time Dust Monitors
pH paper HZS monitors
Mercury vapor analyzers Immuno-assay kits
Drager air sample pumps Partisol 2000 air monitoring stations
Product specific colormetric tubes
Personal Protective Equipment
Firefighting bunker gear 4 H gloves
Level"A" Encapsulated suits (Responder) Cotton glove liners
Level"B"Encapsulated suits (Frontline) Leather work gloves
Saranex hooded coveralls Ear plugs
Frontline hooded coveralls Face shields
PVC hooded coveralls Welding hood
14"Neoprene gloves Welding leather
14"PVC gloves SCBA's (Self Contained Breathing Apparatus) ""
14"Nitrile gloves Spare SCBA bottles
14"Butyl rubber gloves Air-line escape pats
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Eagle Construction and Environmental Services, LP
Apo, Breathing air cascade pacs Lifeline
Breathing air line Confined Space equipment
Breathing air regulators Life vests
Full body harness Railroad blue flags
Full face air purifying respirators Flashlights
OVAG/HEPA respirator Decontamination kits
NH3/Methylamine respirator cartridges Fire extinguishers
Mercury respirator cartridges First aid kits
Pesticide/Herbicide respirator cartridges
Eagle maintains a large inventory of supplies and consumables required for
emergency response. A rigorous inventory system ensures that all needed
materials are in stock in an appropriate quantity. Listed below are just a few of
the supplies that Eagle maintains for emergency situations.
Stock Materials
Acid, Hydrochloric Brooms, Street
Acid, Muratic Drums, 15 Gallon open steel
Acid, Sulfamic (50 Ib. Bags) Drums, 15 Gallon open poly
AFFF Firefighting Foam Drums, 16 Gallon closed poly
828-Heavy duty cleaner Drums, 30 Gallon closed poly
Calcium Chloride Drums, 30 Gallon open poly
Lime, 50 Ib. Bags Drums, 55 Gallon 17E closed steel
Mighty Red heavy duty cleaner Drums, 55 Gallon 17E closed poly
Soda Ash, 50 Ib. Bags Drums, 55 Gallon 17H open steel
Sodium Hydroxide Drums, 55 Gallon open poly
Sodium Hypochlorite Drums, 85 Gallon salvage steel
Absorbent, Fiberpearl Drums, 85 Gallon salvage poly
Absorbent, All purpose (granular) Decon pools
Absorbent, Dri-Sorb (high BTU) Filters, Carbon bed
Absorbent, Sawdust Mop Heads
Absorbent, Boom pH sticks
Absorbent, Pads Plastic Sheeting 6 mil 20X 100 ft.
Absorbent, Sweep Poly syphon pumps
Bags, (Haz-Mat) 6 mil Scotchbrite pads
Boxes, D.O.T. shipping Spray Adhesive
Brush, Decon Tape, Duct
Buckets, Metal open top 5 gallon Tape, Haz-Mat banner
Buckets, Poly open top 5 gallon Trash Bags
Brooms, Corn Wipes, Disposable
Tubes, Colliwassa
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Eagle Construction and Environmental Services, L.P.
SECTION 4: MAJOR INCIDENT MANAGEMENT SYSTEM
Adopted from the Uniform Incident Command System (I.C.S.)
Intent : The intent of this Major Incident Management System is to provide a
comprehensive management structure that satisfies the requirements set forth in OSHA
CFR 1910.120. "The ICS shall be established by those employers for the incidents that
will be under their control and shall be interfaced with the other organizations or
agencies who may respond to such an incident".
The command function within the ICS may be conducted in two general ways. Single
command may be applied when there is no overlap of jurisdictional boundaries or when
a single IC is designated by the agency with overall management responsibility for the
incident.
Unified command may be applied when the incident is within one jurisdictional
boundary, but more than one agency shares management responsibility. Unified
command is also used when the incident is multi-jurisdictional or when more than one
individual designated by his or her jurisdictional agency shares overall management -
responsibility.
Every incident needs some sort of consolidated action plan. Written plans are usually
required when resources from multiple agencies are used, when several jurisdictions
are involved, or when changes of personnel or equipment are required. The action plan
should cover all strategic goals, tactical objectives, and support activities required
during the operation. In prolonged incidents it may be necessary to develop action
plans covering specific operational periods.
The Incident Command System has five major functional areas
1. Command
2. Operations
3. Planning
4. Logistics
5. Finance
Command Staff
Incident Commander : The one function that will always be filled at every incident,
regardless of size, is the Incident Commander. The IC has the responsibility of overall
incident management.
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Eagle Construction and En vironmenta/Services, L.A
Responsibilities
1. Assess the incident priorities.
a) Safety - The IC must consider safety issues for all personnel at an incident. No
industrial complex or form of property is worth the risk of even one life. Safety
comes before all other considerations.
b) Incident Stabilization - The IC is responsible for determining the strategy that will
minimize the impact that an incident may have on the surrounding area.
The size and complexity of the command system developed and implemented by the
IC should be directly proportional to the magnitude and complexity of the incident.
The ICS structure must match the complexity of the incident, not the size.
Situations that may appear hopeless must be managed and ultimately controlled.
2. Determine the incident's strategic goals and tactical objectives.
The efforts of the resources available for handling any incident must be properly
directed to minimize the damage. The clocks cannot be turned back. Damage that
has already occurred cannot be alleviated, but further damage must be minimized.
This is accomplished when the IC determines the broad strategic goals for the
incident and then transforms these goals into obtainable , practical objectives.
3. Develop or approve and implement the incident action plan.
The IC is the primary developer of the incident action plan. On most simple incidents
, the action plan will be organized completely by the IC and may not need to be
written down. In more complex incidents, the action plan will be a written document
developed by a staff, headed by the IC. Action plans must be flexible and continually
assessed. In the environmental business, conditions rarely remain constant. They
are almost always dynamic.
4. Develop an incident command structure appropriate for the incident.
The organizational structure is not based on the size or area of involvement; it
depends on the complexity of the incident.
5. Assess resource needs and deploy as needed
The IC must continually evaluate and adjust the deployment of resources at all
incidents. Initial assessment of the incident and the needed resources is only the
first step. As soon as the IC determines the incident's strategic goals and tactical
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Eagle Construction and Environmental Services, L,P,
objectives and then evaluates the resource needs to meet these goals and
objectives, one of two actions will occur. Either the initial action plan will be
successful or it will need to be revised. Additional resources may be needed,
requiring reorganization. If the IC believes he or she has just enough resources for
the required work, it is time to order additional help and / or other resources.
Coming out exactly even means the IC is a gambler instead of a true manager.
Effective resource management requires that personnel safety be given the highest
priority. Although everyone working at an incident must serve as his or her own
safety officer, the ultimate responsibility for incident safety rests with the IC. As an
incident escalates, the IC will need to assign a person as Safety Officer., with
specific safety responsibilities.
CFR 1910.120 Q3 (vii) - The individual in charge of the ICS shall designate a safety
official, who is knowledgeable in the operations being implemented at the incident
site, with specific responsibility to identify and evaluate hazards and to provide
direction with respect to the safety of operations for the incident at hand.
(viii) When activities are judged by the safety official to be an IDLH condition and /
or to involve an imminent danger condition, the safety official shall have the
authority to alter, suspend, or terminate those activities. The safety official shall
immediately inform the individual in charge of the ICS of any actions needed to be
taken to correct these hazards at an incident site.
6. Coordinate overall site activities.
Coordination is essential to effective incident management. Without it, resources
will be wasted performing tasks that are not necessary to the overall success of the
incident. The IC must constantly monitor the incident activities to ensure that the
needed degree of coordination is present and that personnel are not working at
cross duplication. The goal of the IC is to obtain the maximum productivity from all
onscene resources. Proper coordination will ensure that personnel and equipment
are functioning within the action plan.
Liaison :
Responsibilities
The Liaison individual(s) are the point of contact for assisting or coordinating agencies.
This function is assigned so the IC is not overloaded by questions from the number of
assisting agencies that some incidents attract.
One of the most important responsibilities of the Liaison individual is to coordinate the
management of assisting or coordinating agencies. This is essential to avoid the
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Eagle Construction and Environmental Services, L.P.
duplication of efforts. It allows each agency to perform what it does best. Liaison
management provides lines of authority, responsibility, and communication.
Operations :
Responsibilities
Operations is responsible for management of all tactical operations at the incident.
Operations is implemented when the IC is faced with a complex incident having major
demands in one or more of the remaining major functional areas. For example, the IC
may be faced with a rapidly escalating incident with a significant need to evaluate
strategy and to develop alternative tactical options. Faced with a major functional
responsibility in addition to management of tactical operations, the IC may need to staff
Operations to maintain an effective span of control.
When to staff Operations
The most common reason for staffing Operations is to relieve span -of- control
problems for the IC. A complex incident, in which the IC needs assistance determining
strategic goals and tactical objectives, may also require implementing Operations.
Planning :
Responsibilities
Planning is responsible for the collection, evaluation, dissemination, and use of
information about the development of the incident and the status of resources. When
faced with a complex or rapidly escalating incident, the IC may require assistance with
the ICS Planning function. A wide range of factors may impact on incident operations.
Planning must include an assessment of the present and projected situation. Proactive
incident management is highly dependent on an accurate assessment of the incident's
potential and prediction of likely outcomes. In addition to assessment of the situation
status, there is a critical need to maintain information about resources committed to the
incident and projected resource requirements.
Logistics :
Responsibilities
Logistics is responsible for providing facilities, services, and materials for the incident.
As incidents grow in size, complexity, and duration, the logistical needs of the operating
�- forces also increase. Even in a relatively simple incident, there are requirements for
equipment, drinking water, and emergency medical care. When faced with a major
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Eagle Construction and Environmental Services, L,P,
incident the logistical requirements are significant. Long duration incidents of any type
require provisions for feeding personnel, toilet facilities, refueling of vehicles /
equipment, lodging, and a myriad of other service and support resources. Acquisition
and the accurate distribution of material / equipment is a major functional
responsibility for this position. This individual(s) works very closely with Planning
personnel.
Finance :
Responsibilities
Finance is responsible for tracking all incident costs and evaluating the financial
considerations of the incident.
During large scale incidents many significant purchases and cash transactions are
made. It is the responsibility of Finance personnel to insure that all disbursements are
documented including but not limited to accurate invoicing for all services / materials
used.
Personnel Requirements For Implementation
It shall be the ultimate responsibility of each Operations Manager to insure that
personnel assigned to the following tasks are competent and capable of fulfilling their
assigned role.
Incident Commander The Incident Commander shall have a complete
understanding of the Incident Command System and be experienced in managing
complex incidents.
Safety Officer : The Safety Officer shall have a complete understanding of Eagle's
Standard Operating Procedures (SOP'S) and be very knowledgeable in the operations
being implemented.
Liaison Officer : The Liaison Officer shall be experienced in interfacing with
regulatory officials and coordinating the efforts of several agencies during a single
incident. A service / people oriented individual is paramount in fulfilling this role.
Operations Officer : The Operations Officer shall have a complete knowledge of the
ICS system and be experienced in all phases of the operations being implemented. This
individual should have proven management skills and supervisory experience.
Planning Officer : The Planning Officer shall have proven management skills and be
capable of coordinating long range goals and manpower needs. The Planning Officer
shall be responsible for coordinating the quantity of company and sub contracted
personnel needed during the incident. Logistical experience is desirable,
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Eagle Construction and Environmental Services, L.P.
Logistics Officer: The Logistics Officer shall have proven resource management skills
and prearranged resources available to supplement an incident of any size, Twenty-four
(24) hours a day.
Finance Officer : The Finance.Officer shall have proven financial management skills
utilized during a major incident. This individual shall be competent in gathering all cost
data and the preparation of invoices / estimates from the field. Additional
responsibilities would include but not be limited to, establishing credit accounts for
localized vendors and sub-contractors.
Sector Commander / Supervisor : The Sector Commander / Supervisor shall have
experience in completing the actual field work. This individual shall also be competent
and knowledgeable in determining how to implement the assigned tasks and carry them
out safely without direct supervision. The Sector Commander / Supervisor shall be
directly responsible for the overall supervision and direction of crews working within
his / or her assigned areas. The accurate completion of daily equipment and material
usage forms shall be completed by this individual at the end of each work day and
turned into the Operations Officer. Any material / Equipment needs for the following
work day / period shall be turned in as well for acquisition. This will expedite
mobilization and work activities during the next work day / period. The Sector
poll Commander reports directly to the Operations Officer. Supervisors shall report directly
to the Sector Commander.
Foreman : The project Forman shall be experienced and competent in performing
their assigned tasks. The Foremen shall work under their respective Sector Commander
/ Supervisor , and relay all communication / needs through them. Project Foreman shall
be assigned appropriate work crews and work directly with them insuring the assigned
tasks are completed fully.
Logistics Assistants : The Logistical Assistants shall be knowledgeable in material
and equipment acquisition. These individuals shall have a complete knowledge of all
materials and equipment used by Eagle and their location. These individuals shall also
be competent in processing the necessary requisition forms to insure timely restocking
and the filling of equipment needs. Copies of all material ,equipment sheets, and vendor
invoices ,shall be forwarded to the Logistics Officer daily for processing and recording
by Finance. The Logistics Assistants shall work under and report directly to the Logistics
Officer.
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Eagle Construction and Environmental Services, L.P.
SECTIONS: QUALITY ASSURANCE/QUALITY CONTROL
Quality assurance is a process of management review and oversight in planning,
implementation, and reporting stages of environmental data collection activities. It is
often defined as the mechanism used to verify that a measurement process is operating
within acceptable limits and is providing data of desired quality. Quality assurance must
be an integral part of work activities throughout the project, from plan preparation,
sample collection and analysis to data reporting; it cannot be successfully added as an
afterthought in the later stages of the project. The advantages of adequate quality
assurance include the reduction in the problems experienced during sample collection
and analysis, assurance that the project team will have adequate data for decision
making, and cost/time economics for "doing it right the first time." These benefits are
largely attained through management attention to the planning and implementation of
data collection activities. Quality assurance programs are a necessity for all
environmentally-related measurements, including all field and laboratory investigations
that generate data.
Quality Assurance Program
For large projects involving significant amounts of data collection and evaluation, Eagle
develops a Site Specific Quality Assurance Project Plan (QAPP) in accordance with EPA
QA/R-5 guidelines. The QAPP presents in specific and concise terms, the policies,
organization, objectives, functional activities and specific quality assurance and quality
control activities designed to achieve the data quality goals for a specific project or
operation. Quality assurance (QA) is not synonymous with quality control (QC), though
both are necessary for generation of environmental data of adequate quality for use.
QC focuses on the detailed technical activities (calibration, split-samples, duplicates,
etc.) necessary to achieve a specified level of quality in sample measurement. QC is
primarily implemented by field and laboratory staff. QA focuses on systems, policies,
criteria, procedures and delegation of responsibility necessary to assure data quality, QA
is thus a management function. Both areas are to be addressed in the QAPP.
The following provides a description of some of the elements to be addressed in the
QAPP and some of the considerations to be addressed:
QA Objectives: For each matrix or parameter, objectives for precision, accuracy,
representativeness, comparability, and completeness will be developed.
a. Precision - the measure of variability of individual samples. Precision will be assessed
from laboratory duplicate analysis of field samples and from the use of duplicate
matrix spike samples.
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Eagle Construction and Environmental Services, L.A
1001, b. Accuracy - the measurement of the system bias. Accuracy will be assessed using
laboratory spiked standard matrix samples in conjunction with field and trip blank
samples and laboratory method and reagent blanks.
c. Representativeness - degree to which data accurately and precisely represent the
concentration of the target compounds of the sample. Representativeness is a
function of sample site selection and sample collection and analysis techniques.
d. Comparability - expression of the confidence with which one set of data can be
compared with another. Uniformity in all data collection and analytical activities
through establishment of QA procedures, sampling guidelines, chain-of-custody,
qualified laboratories, etc. provides the basis for maintaining comparability.
e. Completeness - measure of the amount of data obtained from a measurement
system compared to the amount that was expected to be obtained. The
completeness of data objective reflects the degree to which required samples
specified in the appropriate sampling plan have been collected and the necessary
analysis performed in order to create a sufficient data base to meet the objectives.
As part of the quality assurance objectives, the QAPP will have an established level of
field QC effort. Field duplicates, field blanks, trip blanks and matrix spikes/matrix spike
poll, duplicates will be taken and submitted to the analytical laboratory to provide a means to
assess the quality of the data resulting from the field sampling program. Field duplicate
samples will be analyzed to check for sampling and analytical reproductibility. Field and
trip blank samples will be analyzed to ensure that recoveries falling outside acceptance
windows are attributable to sample matrix interferences and not to laboratory analytical
errors. Specific frequencies of the above QC samples will be established based on the
sample matrix and numbers as well as parameters for analysis.
Measurement data will be generated in many field activities that are incidental to
collecting samples for analytical testing or unrelated to sampling. These activities
include, but are not limited to, the following:
• Documenting time and weather conditions
• Determining depths in a borehole or piezometer and static water levels
The general QA objectives for such measurement data are to obtain reproducible and
comparable measurements to a degree of accuracy consistent with the intended use of
such data through the documented use of standard procedures.
The QC level of effort for the field measurement of pH consists of pre-measurement
calibration and a postmeasurement verification using two standard reference solutions
each time as appropriate to the sample pH. This procedure will be performed for each
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Eagle Construction and Environmental Services, L,P,
sample tested. The QC effort for field conductivity measurements will include daily
calibration of the instrument using standard solutions of known conductivity.
Sampling Procedures: The QAPP will address the following areas with regards to
sampling:
a. Sample location selection
b. Sample collection, preparation and handling
C. Decontamination and cross-contamination
d. Sample labeling and document control
e. Sample control
f. Documentation of sampling activities
g. QA/QC samples
Eagle does have a series of memoranda that were prepared to provide technical
procedures pertaining to Eagle's operations. These procedures are intended to establish
baselines of practice to assist site personnel in preparing and implementing site-specific
work plans.
Analytical Procedures: For the various parameters being monitored, the analytical
procedures will be specified in the QAPP. For those methods that do not have published
standard operating procedures (SOP) or utilize modifications to the SOPs, the complete
operating procedure may be included.
Data Reduction. Validation and Reporting: Original data reduction generally takes place
in the laboratory, except for field measurements. Laboratory procedures for data
reduction should be evaluated for adherence to standard laboratory practice.
The validation of data will be accomplished by the QA/QC officer and the Eagle project
manager, prior to the release of any data. Validation procedures include the following
steps:
1. Compile list of all investigative samples
2. Compile list of all QC samples
3. Review chain-of-custody documents for completeness and correctness
4. Review laboratory analytical procedures and instrument performance criteria
5. Prepare and review data summary for potential data quality problems.
6. Prepare a sample summary to assess completeness of the analytical data.
All analytical results are to be classified as quantified, qualified or rejected through data
validation activities. Quantified data are to be used in laboratory reports at the
numerical value identified. Qualified data are to be used as an estimate and are not be
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Eayie Construction and Environmental Services, L,P,
used as a quantitative measurement. Rejected data generally are not to be included in
the analytical report.
Performance and Systems Audits: In order to ensure that integrity of the data and
related information is maintained, audits will be conducted on both field activities and in
the laboratory.
During the duration of the program the QA/QC officer or his designee will conduct
periodic field sampling audits to verify that the sampling protocol is being followed by
field personnel. The auditor will prepare an audit report containing the results of the
evaluation and recommendations for any corrective actions.
The QA/QC officer will also perform periodic audits of the laboratory. This includes the
initial audit to determine the adequacy of the lab to analyze the project-specific samples
for specified parameters. One means of auditing the lab is by using single blind
performance evaluation samples. These are samples which are acquired by the QA/QC
officer which have a known concentration of the parameters that the program calls for;
these samples are sent to the lab as other samples would be. The results provided by
the lab will be compared to the true concentrations and an evaluation of the lab's
performance will be made based on these results.
Commitment to Quality
Eagle is committed to providing quality service to its clients on all projects regardless of
size or complexity. This commitment is achieved through the following mechanism:
• Providing only technically competent staff
• Establishing company-wide minimum standards of practice for all project types
• Peer review policy for all reports and submittals
• Providing a responsible professional for each project to monitor quality assurance
and technical review
• Monitoring of the quality of practice at corporate and local levels
• Comprehensive audits of offices for adherence to Eagle quality assurance
procedures
Data Management
The quality assurance program for Eagle is documented in its Quality Assurance
Manual, which provides the requirements of the quality assurance program. Standards
of practice are documented in general, specific and technical memoranda which are
developed for specific services provided by Eagle. The Quality Assurance Manual and
the memoranda provide consistency of practice within Eagle and thereby provide a
consistency in quality of practices.
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Eagle Construction and En vironmenta/Services, L,PE
The peer review policy requires comprehensive review by technically competent (and
often technically senior) personnel of all aspects of a project. This review begins in the
work scope development stage and carries through the issuance of the project report.
Project-specific quality assurance is monitored by a responsible professional (RP)
assigned to each project. The RP is a senior level person with significant technical
experience. The RP will verify that the minimum quality assurance requirements are
met in addition to project-specific quality assurance objectives.
The Quality of Practice within Eagle is continually evaluated at each local office by a
task force which is comprised of several staff members. The task force evaluates the
overall program, identifies problem areas and develops corrective action where
required. In addition, the task force develops general and specific training for
employees and professional development training.
The Quality Assurance Program is evaluated (individually by office) on a yearly basis by
auditing. Random project audits are performed on a monthly basis internally to the
office. However, each office is audited by the corporate quality assurance office for
adherence to the peer review policy and quality assurance requirements described
herein.
Eagle utilizes a data management system which provides services tailored to the client's """°
needs. The data management system consists of several key elements, all interrelated
and described below:
Preparation - Data management personnel will brief the field crew on their assignments
along with data needs and documentation requirements. This meeting provides direct
communication links between the field and data management personnel. In addition,
data management personnel will maintain communication with the analytical laboratory
to initiate sampling projects with regard to container and preservatives requirements.
Field Work - While the field crews are collecting samples, data management personnel
will maintain communication with the crew and with the laboratory. Sample shipments
will be tracked, chain-of-custody information maintained and checked, and sample
holding times monitored. The field crews will maintain detailed log books of their
activities as well as completing appropriate field forms and chain-of-custody forms. In
addition, data management personnel will conduct in-house field audits of the field
crews onsite to check their documentation and to assure quality control of that aspect
of their work. Once field crews have returned to the office, data management personnel
will review the log books and supporting documentation with the field personnel to
assure the integrity of that information.
Document Control/Data Maintenance - Reports, plans, data transmittals,
correspondence, and other project related output prepared by Eagle staff for a
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Eag/e Construction and En vironmenta/Services, L,P,
particular project will be assigned a document control number and maintained in
duplicate in a secure area. Original laboratory data submittals with supporting
documentation, field log books, chain-of-custody forms, sample transportation receipts
from commercial carriers, in-house reports, and other similar pertinent information will
be maintained in secure files. Such information will be maintained for the duration of
the project or six years, whichever period is greater. Files can be maintained for longer
duration when necessary.
Electronic Data - Data Management has the facilities to provide extensive data
management of electronic data as well. Eagle presently has more than 80 IBM
compatible computers, and most are networked. Each office has Internet access with
E-mail capability for sharing and transfer of data and information. Software capabilities
include a full array of products including project management, modeling, database,
graphic, drafting, spreadsheet, and others.
Oak
0011
Emergency Response Capabilities&Experience Page 33
Appendix A:
Example ER Report
This report has been prepared for
CLIENT NAME
Client Address
City, State Zip
By
EAaEl
Eagle Construction & Environmental Services, L. P.
9204 Hwy 287 NW
Fort Worth, Texas 76131
Report Date: Month Day, Year
Supervisor Name Reporter Name or Report Reviewer
Emergency Response Supervisor Technical Specialist
This report has been prepared for
CLIENT NAME
Client Address
City, State Zip
By
9
Eagle Construction & Environmental Services, L. P.
9204 Hwy 287 NW
Fort Worth, Texas 76131
Report Date: Month Day, Year
Supervisor Name Reporter Name or Report Reviewer
Emergency Response Supervisor Technical Specialist
,ou. TABLE OF CONTENTS
EXECUTIVESUMMARY ...................................................................................... i
1.0 INTRODUCTION .......................................................................................... 1
2.0 SITE RECONNAISSANCE .......................................................................... 1
2.1 SITE DESCRIPTION ..................................................................................................... 1
3.0 SITE ACTIVITIES......................................................................................... 1
4.0 SAMPLING RESULTS ................................................................................. 1
5.0 DISPOSAL OVERVIEW............................................................................... 1
6.0 RECOMMENDATIONS ................................................................................ 2
r
FIGURES
FIGURE 1 SITE MAP
FIGURE 2 SITE DIAGRAM
FIGURE 3 SAMPLE LOCATION MAP
APPENDICES
APPENDIX A SITE PHOTOGRAPHS
APPENDIX B HEALTH & SAFETY DOCUMENTATION
APPENDIX C LABORATORY ANALYTICAL RESULTS
APPENDIX D WASTE MANIFESTS
EXECUTIVE SUMMARY
Summary of all :sections.
i
MAOClient Name
Report Title
Report Date: Month Day, Year
r 1.0 INTRODUCTION
Incident description including exact location, notification details, and mobilization.
2.0 SITE RECONNAISSANCE
2.1 SITE DESCRIPTION
3.0 SITE ACTIVITIES
Chronological description of cleanup activities.
If other contractors were on-scene, include their activities as related to Eagle's work. For
example, another contractor removed debris before Eagle commenced cleanup.
Directives given by authorities (state who gave them and specific details of directives).
4.0 SAMPLING RESULTS
REMOVE THIS SECTION IF SAMPLING WAS ONLY PERFORMED FOR DISPOSAL
PROFILING.
Sampling activities, lab analyses, lab results, and comparisons to state/federal standards or
background. Laboratory analytical results are included in Appendix C.
5.0 DISPOSAL OVERVIEW
Waste profile and disposal details. Laboratory results of the waste profile sample are included
in Appendix C. Waste manifests are included in Appendix D.
1
PUR } Client Name
j Report Title
Report Date: Month Day, Year
6.0 RECOMMENDATIONS
If any, state recommendations for further investigation or remediation of this site. If none,
remove this section.
\\EAGLE3\EAGLE\OPERATIONS\Emergency Response Division\ER Reports\INCIDENT REPORT.dot
mow..
2
0000,
FIGURES
10010,
APPENDIX A
SITE PHOTOGRAPHS '
APPENDIX B
000, HEALTH & SAFETY DOCUMENTATION
f
APPENDIX C
LABORATORY ANALYTICAL RESULTS
1
APPENDIX D
VVA5TE MANIFESTS
Aftk
Appendix B:
Representative Projects
s Project Location:Texas Instruments Facility, Dallas,
Texas
` Contract Number. NA
Contract Type:Time and Materials
Performance Period: November 1997-January 1998
y Eagle's Role: Emergency Response/Remedial
Investigation
Project Description: 1,000 gallon Client Contact:Air Liquide
sulfuric acid spill Steve Reimer(972) 995-3561
Project Cost: $260,000.00
In November of 1997, Eagle responded to the spill of approximately 1,000 gallons of
concentrated (98%)sulfuric acid at the Texas Instruments facility located in Dallas, Texas. The
spilled product had been released from one (1) tank on-site and had flowed into a nearby storm
sewer inlet which lead directly to the adjacent river. The impacted area included the main storm
sewer in the basement of the facility, several hundred feet of storm water sewer drain and the
adjacent river.
Upon arrival at the site, Eagle incorporated the use of soil dams and underflow dams for the
containment of all spilled product and to prevent further release into adjacent river. The storm
sewer was plugged in the impacted area to facilitate the removal of all remaining product.
Services at the facility were performed by Eagle on a 24-hour basis. The entire stormwater
network that was impacted was flushed repeatedly until stable pH conditions were attained.
Once all of the accumulated acid product had been removed from all impacted areas, each
individual area was neutralized with Color-Safe Neutralizer and tested with a portable pH meter
to ensure that a complete decontamination had been achieved. Verification soil samples were also
submitted to a third party laboratory to ensure all impacted soil media had been neutralized for
protection of surface water resources.
Upon mobilization, hydrogeologists were assigned the task of monitoring the impacts to the
adjacent waterways. Acid pockets and low pH water were removed with vacuum trucks. The
removed product and water was returned to the facility for processing by Air Liquide. Various
parameters were continuously monitored throughout the removal operations until it became
apparent the conditions in the river had stabilized.
At the completion of the project all closure reports were compiled, submitted, and approved by
the state.
Problems Encountered and Corrective Actions:
Residual acidity potentially could further impact the spill area resulting in additional fish kills and
impacts to wildlife. Eagle recommended that only monitoring be conducted since the alkalinity of
the soil and limestone bedrock would buffer any residual product.
-U
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e e.and. 'accurate evaluation of spa ` susa+ce
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Project Location: Burlington Northern Santa Fe Railroad
(BNSF) NorthYard, Fort Worth, Texas
Contract Number. NA
PHOTO NOT AVAILABLE
Contract Type:Time and Materials
Performance Period:April 1999-July 1999
Eagle's Role: Emergency Response
Project Description: Emergency Client Contact: Burlington Northern Santa Fe Railroad
Response Rob Werner(817) 740-7341
Project Cost $825,000.00
Leaking railcar containing RCRA waste (xylene, MEK TCE)traveling through BNSF's north
yard in Fort Worth contaminated with 1,500 linear feet of trackbed with hazardous waste. A total
of 1,300 gallons of free liquid was recovered. Work was performed on a 24-hour basis so as not
to further impact rail traffic. All impacted rail,ballast,ties, and soil was removed and replaced to
specification. Almost 5 million pounds of hazardous waste was removed and profiled for
incineration along with 140 c.y. of debris profiled for macro-encapsulation. Removal and
replacement of impacted media was accomplished within three days.
Due to the location of the response and impending heavy rain, time was of the essence. Eagle
worked with vendors and industry contacts to provide approved ballast, fill, geotechnical services,
and laboratory services on a 24-hour basis, over a weekend, to provide on-the-spot support.
Chemical and geotechnical analyses were transmitted directly to on-scene.
At the completion of the project all closure reports were compiled, submitted, and approved by
the state.
Valued Achievements
• , Subcontractor network allowed Eagle to obtain laboratory
services arilreplacement material to be obtained on a 24-hour
basis:
• Excavated'and removed Ave million.pounds of material in three
days.
• Recovered x,300 galions of hazardous free liquid,.
Project Location: Garland, Texas
-� Contract Number. N/A
Contract Type:Cost Plus
f w
Performance Period: May 1992- Present
Eagle's Role: Principal Consultant and Contractor
Project Description:Subsurface Client Contact.Ashland Chemical Company
Xylene Release and Remediation P.O. Box 2219
Project Cost:$4,000,000.00 Columbus, Ohio 43216
Rick Gentry 614 790-4302
This work (ongoing) includes remediation of xylene contaminated soils and groundwater
at a bulk chemical transfer facility owned by Ashland Chemical Company in Garland,
Texas. The project initially began as an emergency response due to xylene product
migrating through the highly fractured local Austin Chalk Formation, impacting the
Ashland site and adjacent properties including a tributary approximately 1/4-mile
downgradient from the origin of the release. The creek fed directly into the City of
Garland's drinking water supply reservoir. While addressing the emergency, Eagle
personnel met with client and regulatory representatives to develop short and long term
remediation plans for the site.
Integrity testing of product lines at the facility located a major leak in a subsurface line
adjacent to the aboveground solvent tank farm. A subsurface investigation was
conducted and determined that the migration of product and groundwater was strongly
influenced by the heavily faulted Austin Chalk Formation. Analysis confirmed high
concentrations of xylene with low levels of toluene, ethylbenzene and mineral spirits in
the soils and groundwater on the Ashland property and on adjacent downgradient
properties. Observations during the assessment additionally revealed that municipal
potable water lines had been compromised by the free product in contact with these
lines.
Eagle personnel developed a remediation program for the site designed to: (1) address
the source of the contamination (leaking supply lines), (2) prevent further migration of
contaminant into surface water resources, (3) clean up contaminated soils and
groundwater, and (4) protect the City water supply from the constituents of concern.
The facility remained in operation throughout the corrective actions.
The leaking lines were removed and replaced and a system of lateral interception
trenches were installed at right angles to the observed fault trend for control and
collection of free product and contaminated groundwater. At approximately eight feet
in depth, free product was issuing from the contact between residual soils and the
weathered formation. Excavations continued to approximately 15-17 feet depth to
ensure interception of the migration routes (faults, bedding planes). Initially frac tanks
were used to hold recovered free phase product and contaminated groundwater for
treatment. More than 1,280,000 gallons of contaminated water was collected and
treated on-site with a mobile aeration/ carbon filtration system. To facilitate removal of
impacted soils within the stream bed, approximately 700 feet of interceptor trench was
installed adjacent to the drainageway to help dewater the creek and to create a reversal
of groundwater/product flow. The interceptor trenches were expanded into recovery
systems combining groundwater pump and treat systems with vapor extraction
technology. Two low-profile stripping towers with activated carbon polish were
installed in two separate treatment buildings at the site to treat contaminated
groundwater and collected soil vapors. To date, more than 20 million gallons of
contaminated groundwater has been recovered and treated for discharge to the
Garland POTW. Excavated soils were staged on bermed, 40 mill HDPE liners and
covered to prevent contamination runoff from rains. The soils were bioremediated on
site preventing the necessity for offisite disposal. Eagle is currently involved with the
ongoing monitoring/reporting and operation and maintenance of the treatment
systems.
Eagle personnel with engineering support from Freese and Nichols, engineered and
constructed replacement of the water lines to specifications meeting City of Garland
Water Department requirements. This included purchasing and installing a double
check valve on the water main to prevent contamination of the water supply.
This project demonstrates Eagle's ability to manage and coordinate a complex
groundwater restoration program involving advanced remediation technologies on a
fast--track schedule. In addition this project involved working within annual budget
parameters forecast by both Ashland and Eagle personnel. The project required
mobilization of significant local resources and management of a diversity of
subconsultants and subcontractors for delivery of the services, technology and systems.
The project also required effective coordination with City and State regulators. Eagle
excelled in delivering quality and value to the client in all phases of the project.
Valued Achievements �
Successful abatement of procip.tct impacts to sensit-e
(di-tr�king water, supply Ir,r .a awl .uJF��ewater resources)
Onsite biotreatriient o` disp,-s d costs
• Development ai 7d =1,�_:r of long t..,rm remediation pian
achieve risk used c1can a teria.
s Project Location:Ashland Chemical
r Contract Number: NA
r r Contract Type:Time and Materials
Performance Period: May 1992-Present
Eagle's Role:Emergency Response/Remedial
0. �� .. Investigation/Remediation
Project Description: Subsurface Client Contact:Ashland Chemical
Xylene Release Rick Gentry (614) 790-4302
Project Cost: $4,200,000.00
A response was made to a call by the City of Garland about an unknown solvent in a creek. The
incident commander discovered a miscible black substance discharging from fractures within the
limestone bedrock along a creek. After initial recovery efforts were completed, officials and
surrounding industry members assisted in determining the source. A series of recovery wells and
interceptor trenches were placed up gradient to protect surface water/drinking water supply.
Approximately 1,000 feet of recovery trench was installed using two Cat 325 excavators with
rock buckets and associated groundwater recovery and soil vapor extraction systems were
installed at the site. A total of over one million gallons was recovered/treated during the initial
response and to date over 20 million gallons of groundwater has been treated using two
groundwater recovery/treatment systems installed at the site.
The project is nearing completion and is in the final monitoring phase.
y�
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1r'ae�dCrnent
"'
• H. b ent ff #e s � meet"a resu�l n
?v k --.t t l>r r
'1ic"1..� qq sc`tviil��
Prtctt4 sstav0�rpgaerupp�
+� tegratton of Ja�riaus treafiment tech�iolog�°s to expedite
xemediaion efort :
Project Location:Houston, Texas
Contract Number.NA
Contract Type: Fixed Price
Performance Period:July-August 2001
- Eagle's Role:Prime Contractor
Project Description:Cleanup and Client Contact:City of Houston
decontamination services Convention and Entertainment Dept.
510 Preston
Project Cost: $2,000,000.00 Houston, Texas 77002
Joe Leonard (713) 689-1036
Norman Wishnow(713) 742-7253
Tropical Storm Allison dumped several inches (in some place feet) of rain across the Houston
area. Most of the parking garages downtown are located underground and therefore flooded.
Eagle was contracted to perform the cleanup and decontamination services in a three level car
park garage, which covered approximately 6 acres underground. Because this was a relatively
enclosed area — now damp and musty — Eagle was required to rapidly set up the ventilation
1 equipment and operate the ventilation system for 36 hours upon mobilization.
Initially, residual water was pumped into city sanitary as approved and directed by the City of
Houston. In addition, there were over one hundred vehicles,personal property, city property, and
miscellaneous equipment and chemicals that had been stored in various areas throughout the
garage by different contractors. All items were inventoried, decontaminated, and removed from
the garage. Each item was handled according to FEMA and City of Houston protocol and either
returned to the owners or held for insurance companies. All chemicals were lab packed and
properly disposed of in accordance with state and federal regulations. These inventories and
property management events were conducted simultaneously with many other phases of the
decontamination process.
Eagle identified and delineated the exclusion, contaminant reduction, and support zones in each of
the three garages. Personnel and decontamination stations were set up in each of the three levels
to prevent the spread of flood residue to non-impacted areas. The work in all three garage levels
were performed simultaneously. Eagle removed the debris from each flood structure, utilizing
skid steer loaders and hand labor along with power brooms. All debris was then placed in roll-off
boxes. More than 64 loads totaling over 2,000 yards of flood debris was removed and disposed of
at BFI's McCarty Road Landfill. Once the debris and sediments had been removed, Eagle began
washing the structures utilizing fire hoses, nozzles, and booster pumps to deliver the water from
nearby hydrants. All surfaces were also treated with a sodium hypochlorite solution to help
prevent mold growth. Oxygen levels, carbon monoxide levels, and LELs were continuously
monitored for the duration of the project.
All work was performed by qualified individuals with the appropriate training for hazardous
material in accordance with 29 CFR 1910.120. The project was completed within the 30-day
time frame and without incident.
•
Timely projectcompletion by cff'-]c.icnl and streamlined
performance of multiple tasks completed simultaneously
resulting in cost savings.
PHOTO Project Location: Fayetteville, Arkansas
NOT
t' AVAILABLE Contract Number: R159620
Contract Type: Fixed
Performance Period: July, August, 2002
Eagle's Role: Prime Contractor
Project Description: Removal of Client Contact: University of Arkansas
Unknown Chemical 2949 Point Circle, Suite 1
Fayetteville, AR 72704
Project Cost: ? Jane Spellman, P.G.
(479)571-3334
During the 1960s or early 1970s chemical containers were buried on a half-acre portion
of a 100-acre tract of land owned by the University of Arkansas. An investigation was
conducted by the University of Arkansas, which identified the specific locations of buried
chemical containers. Eagle was awarded a contract to remove identify and labpack
buried chemicals.
Eagle mobilized a wide variety of personnel to the site including two field chemists, a
senior emergency response manager and a senior geologist. Due to the nature of the
project extreme precaution was utilized during the removal process.
Once on-site, Eagle utilized an excavator to remove overburden soil from a number of
areas located on the half-acre portion of the property. Once the overburden soil was
successfully removed, Eagle performed a controlled excavation of over 750 containers
containing all types of chemicals from flammables and corrosives to poisons.
Upon removal of the containers, Eagle performed a haz-cat field test to characterize the
unknown contents. At times, a remote opening device was required to remove lids due
to high detection of nitrates. Following identification of the waste, Eagle labpacked
similar waste streams, completed the appropriate labeling and stored the drums
according to regulatory requirements.
Eagle completed the required quality control and health and safety documentation
throughout the project. A Site Safety and Health Plan was prepared prior to
mobilization to the site. Daily safety meetings and safety inspections were conducted
to ensure that all employees had a full knowledge of potential health hazards. The
majority of the work was performed in Level B PPE (Personal Protective Equipment).
r
Page I of 2
Eagle was responsible for conducting perimeter and personnel air monitoring for the
duration of the project. If any readings were elevated, personnel were immediately
removed from the area and appropriate PPE was donned. The project was completed
with no OSHA recordable incidents and within the appropriate time frame.
Valued Achievements
• Successfully identi icd a wide varicty of unknown chemicals
utilizing field chemists and various field testing methods.
• Safely identified, packaged transported, and disposed of various
unknown chemicals.
r Project Location:Various locations in south and east
s` Texas
Contract Number:80000300000
Contract Type:Fixed Price
a
Performance Period:August 1997-August 2001
-� Eagle's Role:Emergency Response&Supplemental Site
Activities
Project Description:Emergency Client Contact:Texas Natural Resource Conservation
site assessment and remediation Commission
services Sean Kelly (512) 239-0115
Project Cost: $2,500,000.00
Eagle provides emergency site assessment and remediation services to the TNRCC on State Lead
PST sites. The work includes assessments of vapor and petroleum product impacts on air, soil
and groundwater in buildings, underground utilities, and surrounding areas; installation and
sampling of monitoring wells, soil vapor points, and interceptor trenches, installation and
maintenance of soil and groundwater remediation systems.
Multiple projects in various locations in south and east Texas requires a large amount of
coordination between people and Eagle offices to assure that schedules are met and the quality of
the work performed is maintained to a high standard.
p r o.writAy Jwe�V1 IV���
y dime1� rgencVV � a r�sug
'pigs to e
1
$" Project Location: Grapevine, Texas
s Contract Number: N/A
I Contract Type:Cost Plus
Performance Period: 1996- Present
Eagle's Role: Prime Contractor-Response (100%of
0
Site Work) 5% Subcontracted (Lab Services, Trucking)
Arcadis'Role: Prime Contractor-Groundwater
Remediation 15% Subcontracted (Various Field Services)
Project Description:Emergency Client Contact:Advanced Graphics
Response and Long Term Remediation 942 Minters Chapel Road
from a hexavalent chrome spill. Grapevine, Texas 76358
Project Cost:$1,500,000.00(Eagle) Dick Bryant (817)481-8561
$600,000.00 (Arcadis)
Analysis of green water in a creek indicated a chrome solution release from a nearby
plating facility. The initial emergency response by Eagle personnel involved the
damming/rerouting of the creek during inclement weather to prevent downstream
migration. The, onsite spill was contained and recovered fluids were then transferred
to the facility's treatment plant. Heavy-tracked equipment was used to move
equipment around on site during response and remediation phase due to the
extremely wet conditions. During the remediation phase, a recovery trench 22 feet
deep and 300 feet long was installed with three well points to recover contaminated
groundwater. A 4" double-walled pipeline was installed back to the facility. Over
5,000 cubic yards of impacted soil was removed for offsite disposal. At the completion
of the project all closure reports pertaining to the initial emergency and remediation
were compiled, submitted, and approved by the state.
Arcadis was retained by the client to perform long-term groundwater remediation of
the hexavalent chrome. The remediation approach combines traditional pump and
treat technology with a patented in-situ bioremediation program. The in-situ
treatment involves the injection of a carbon-based nutrient solution that encourages
the growth of naturally occurring microbes, generating a reductive zone that causes
chemical change in the chromium, which is ultimately reduced to a stable precipitate
that becomes part of the soil matrix. The pump and treat component of the system
provides hydraulic control and eliminates exposure of the plume to a nearby creek.
Prior to beginning the injections, the average concentration of hexavalent chromium
within the plume was approximately 56mg/L. Within the first two years of the
program, the average concentration of hexavalent chromium had decreased to
approximately 16mg/L, a decrease of approximately 71%. The aerial extent of the
plume has also decreased significantly as a result of the remediation program.
Viluedchi1vem
ents
a Initial;xesponse actiuities prevented further contamination:
® Reduced costs and reme'dia#ion time bit 8�°a us rig
patented technology:
I
Appendix C:
Resumes
Vernon Sanders E. R. Division Manager
Eagle Construction&Environmental Services, L.P. Time allocated to contract—65010
Emergency Response Manager
EDUCATION/CERTIFICATIONS:
Mr. Sanders has over 10 years of • Louisiana State University,
environmental remediation experience for Marine First Aid/CPR
various federal, state and private sector • Marine Survival Training,
clients. He has managed over 500 projects Louisiana State University, 1997
including 50 removal actions and over 500
• Reactive Explosive Safety
emergency response situations. As the Training
Emergency Response Manager, Mr. Sanders • Blasting & Explosive Safety
Training
has experience working with the USEPA, . 29 CFR 1910.120 40-Hour
CERCLA, RCRA, TSCA, DOT regulations and HAZWOPER Certification
local state government regulators. He has • 29 CFR 1910.146 16-Hour
extensive training in OSHA's Hazardous OSHA Permit Required Confined
Material Specialist, Hazardous Waste Space Certification
Operations in accordance to OSHA 1910.120, • 29 CFR 1910.120 OSHA
Permit Confined Space and Rescue in Supervisor Training Course
accordance to OSHA 1910.146, DOT • 29 CFR 1910.120 Section Q (6)
qualifications in accordance to 49 CF, Trench (v) OSHA Incident Command
Excavation Safety Training in accordance to System Certification
OSHA 29 CFR 1926, Incident Command • 49 CFR Parts 383, 387, 390-399
System in accordance to OSHA 1910.120, OSHA Driver Qualifications andRegulations
Packaging Shipping and Transportation of
Explosives as required of HTM126/HM181 of
49 CFR. Mr. Sanders has managed a wide
variety of jobs ranging from $2,500 to over
$500,000.00. He has developed and
implemented 400 SSHP's, Work Plans,
Budgets and Schedules.
Summary of Related Experience
• Member of chemical transfer team, responded to an 81 car freight train derailment in
Weyauwega, Wisconsin. When the derailment occurred, several cars burst into
flames, with fire subsequently spreading to many of the adjacent cars and
surrounding buildings in the downtown area. Including fourteen rail cars containing
Liquified Petroleum Gas (LPG) and propane. This incident represented one of the
most serious derailments in the history of American railroads with more than 1,700
local resident evacuating their homes and businesses.
• Project Foreman to provide facility decontamination services related to mercury
release from a mercury stripping unit on an offshore natural gas rig. The
contamination occurred when a pressure release valve on a unit that strips elemental
mercury from natural gas as it is extracted from the well was accidentally opened by
an operator while the unit was still pressurized. The release resulted in contamination
of various equipment and work areas by vaporized mercury.
Damon Waresback Geologist
Eagle Construction & Env. Services,L.P. Time allocated to contract—25%
Geologist
Twelve years of environmental remediation and EDUCATION:
consulting related experience for various federal, state, . B.S. in Geological Science, New
and private sector clients. Managed 300 projects Mexico State University, 1981
including 50 removal actions, 150 industrial and . M.S. Geological Science, University
hazardous waste remediation projects, 15 Voluntary
of Texas/Arlington, 1986
Cleanup Program Sites, 50 LPST sites and 35 spill . Registered Correction Action
cleanup projects. Extensive experience with Texas
Risk Reduction Program, State of Texas Leaking Project Manager(CAPM) State of
Texas No. 00365
Underground Storage Tank Program, Texas Voluntary
Cleanup Program, State Superfund Projects, RCRA,
TSCA, and DOT regulations. Served as manager of
CERTIFICATIONS:
Technical Staff for the TNRCC's Emergency Response 0 OSHA 40 hr, 7/92, 8 hr refresher
Program regarding leaking USTs for past eight (8)
years. Have served as project manager for several (annually)
high profile emergency incidents requiring extensive • Confined Space Entry 3/00
subsurface soil and groundwater investigation(s) and refresher(annually)
subsequent development and implementation of . Asbestos Inspector Training,
corrective action plans to address the contaminated University of Texas/Arlington, 1990
soil and groundwater media in accordance with the
State and Federal requirements. Developed the
compliance program for the City of Fort Worth's
Underground Storage Tanks relating to removal,
technical upgrades and release determination.
Summary of Related Experience
1997-Present Technical Services Director/Senior Hydrogeologist, Eagle
Construction and Environmental Services, L.P.
Technical Services Director/Senior Hydrogeologist, Manage the Technical Services Department for Eagle
including development of budgets, marketing, proposal and project development, project management
and corporate management responsibilities.
1992-1997 Technical Services Director/Senior Hydrogeologist,
Em Tech Environmental Services, Inc,
1990-1992 Vice President of Technical Operations
Environmental Managers, Inc,
Vice President of Technical Operations; Project Manager, Fort Worth Underground Storage Tank
Program. Conducted hydrogeological, soil, geological and environmental studies. Preparation of
technical environmental reports and environmental assessments on a variety of environmental projects.
Prepare budget estimates/proposals for a variety of environmental investigations.
1989-1990 Hydrogeologist, Brown and Maclin Consulting Engineers
Hydrogeologist; Conducted underground storage tank inventories, subsurface hydrogeological and
geological studies. Prepared technical environmental reports and environmental studies. Coordinated
with federal, state and local agencies on environmental issues.
Trian K. Morel Health and Safety Manager
gle Construction&Env. Services, L.P. Time allocated to contract—33%
Health and Safety Director EDUCATION:
Mr. Morel has extensive experience in Industria[ • Masters in Business Administration,Texas Christian University, 2003
hygiene with IAQ, air monitoring and noise studies and
surveys for public and private sector clients. He has • B.S. in Environmental
been the Site Health and Safety Officer on large scale Science/Industrial Hygiene and
Superfund, petrochemical and other demolition and Safety - University of Houston,
remediation projects, where he was responsible for 1997
OSHA compliance, QA/QC, safety audits and industrial
hygiene activities in addition to personnel health and
safety. Mr. Morel has extensive knowledge on local, CERTIFICATIONS:
state, and federal occupational safety and health • OSHA Compliance Course - General
regulations. Industry Occupational Safety and
Health Standards
Summary of Related Experience • OSHA 40-Hour HAZWOPER per 29
CFR 1910.120
1998-Present Corporate Health and • OSHA 8-Hour Supervisor/Manager
Safety Director -Eagle HAZWOPER
Construction and . Lead Risk Assessor/Inspector
Environmental Services, . Asbestos Abatement
L.P.
• Confined Space Entry and Rescue
Mr. Morel's responsibilities include studies and analyses • South Texas Safety Council
of accidents causes and hazards, formulation of Industrial Safety Course
general safety policies and procedures, compliance
with local, state and federal Occupational Safety and
Health Administration (OSHA) rules and regulations,
design and use of equipment, shop, fire prevention
and safety programs, maintenance of employee
training records, DOT compliance, and worker's
compensation compliance, and implementation of all
other corporate health and safety functions.
• Project Manager for various industrial hygiene and health and safety activities including the
Sunday House Turkey Processing Plant industrial fire investigation. The fire resulted in ruptured
anhydrous ammonia lines. The incident required air monitoring surveys to be performed to
identify the location of ammonia leaks and levels of exposure. Mr. Morel provided clearance
protocols for the Bureau of Alcohol,Tobacco, and Firearms arson investigation team.
• Conducted training courses in accordance with 29 CFR 1910. He has also managed and
conducted client-based safety awareness meetings and training for the following topics: OSHA 29
CFR 1910.120 and Confined Space Entry and Rescue, Benzene Awareness, Heat Stress Safety,
Hand and Finger Safety; Back and Lifting Safety; Scaffold Safety; Ergonomics, and Asbestos and
Lead Awareness.
1997-1998 Environmental and Safety Specialist
Separation Systems Consultants,Inc., Clear Lake, Texas
Conducted environmental safety and health training in 40-Hr HAZWOPER, Lead Abatement Supervisor,
Lead Risk Assessor, Lead Inspector, Permit-Required Confined Space Entry and Rescue. Brian also
performed as a Site Safety Officer for various projects including a Superfund Project in Alvin, Texas for
Mercury clean-up.
Ronnie Godsey District Manager
Eagle Construction &Env. Services,L.P. Time allocated tv contract—20%
District Manager EDUCATION:
Twenty years of environmental emergency response,
remediation and construction related experience for Associate Degree, Grayson
various federal, state, and private sector clients. County Junior College (1978)
Managed or supervised over 300 projects including 6
OPA removal actions, and 40 construction-related
projects. Extensive experience with Texas State
Superfund Projects and EPA Superfund sites.
Extensive hands-on experience in remediation means CERTIFICAITONS:
and methods, construction means and methods,
safety, quality control, project management,
scheduling, waste management, and cost accounting. • 40 hours OSHA Hazmat
Managed projects including acids, bases, petroleum • 8 hours Refresher (2001)
products, chlorinated solvents, pesticides herbicides,
and metals. • 8 Hour Hazardous Waste
Operations Supervisor
Summary of Related Experience Training
• 29CFR 1926.650 Excavation
12/97-Present Eagle Construction and Training
Environmental Services, L.P. • Confined Space Training
• Supervised 6 Texas State Superfund Projects • First Aid and CPR
• Supervised the remediation/stabilization of several
large gun ranges • Competent Person Training
• Supervisor on large scale stabilization project ata Asbestos Awareness Safety
federal prison Training
• Lead Awareness OSHA
5/97 to 12/97 CenacEnvironmental 1926.62 (2000)
Services • 40 hour Railcar Specialist
Project managed various environmental projects and Training
emergency response operations.
• Project managed decon operations on a major oil
spill off the coast of Louisiana
• Head estimator
• Project Manager on Baroid Drilling Fluids Inc. fire in Fuchan, Louisiana
3/94 to 5/97 Em Tech Environmental Services,Inc.
Responsible for directing Emergency Response services in the Houston area. Experience includes PCB clean-
up, rail car transfers involving chemicals such as chlorine and styrene. Project Manager/Supervisor on federal
projects. Work also included tank cleaning, waste stabilization, dewatering of sludges as well as remediation
concerns.
• Instructor of heavy equipment
• Emergency Response director
• Operations manager for the Houston office
Alan Corbitt Lead Chemist
Eagle Construction& Env. Services, L.P. Time allocated to contract—33%
Mr. Corbitt serves Eagle in the capacity of Lead Chemist out
of our Fort Worth office. Mr. Corbitt has over 18 years of EDUCATION:
experience on multiple hazardous, radioactive and toxic • B.S. Animal Science, Texas
waste projects. Mr. Corbitt has extensive experience in A&M University, 1984
providing regulatory compliance guidance and he has . Distinguished Academic
reviewed and approved permits and manifests for numerous Student
projects involving hazardous, special and non-hazardous
wastes. Mr. Corbitt has training in accordance with 40 CFR Commanding Officer of Unit
265.16 and 49 CFR 172, Subpart H and in addition has in Corps of Cadets
experience in field sampling, waste characterization, large
scale drum recovery and remediation projects, labpacking
documentation, preparing waste stream assessment reports,
environmental consulting, demolition, asbestos removal,
ordinance removal and excavation. His project experience
includes remediation sites, drum burial sites, ammunition
plants and depots, power plants, refineries and chemical
plants.
Summary of Related Experience
2002-Present Eagle Construction and Environmental Services, L.P.
Quality Control Manager
Mr. Corbitt serves as the Quality Control Manager for Eagle. He is responsible for the coordination of quality
control policies and procedures as they relate to each project. He is also responsible for ensuring compliance
with all requirements as they pertain to each contract task order and the Quality Control Plan. Mr. Corbitt
maintains up-to-date working knowledge of all applicable local, state and federal laws and regulations as well
as other quality control guidance issues. Mr. Corbitt also serves in the capacity of a technical consultant and
chemist for Eagle.
1996 - 2002 Design Environmental Services, Inc. -President
Mr. Corbitt was the owner and president of Design Environmental Services, Inc. His responsibilities included
technical consulting for environmental remediation and waste disposal projects, lab packing, field testing of
unknown substances, high hazard handling and stabilization and routine waste disposal. Mr. Corbitt served as
the Quality Control Manager for each project performed enforcing all local, state and federal regulations as well
as the designed company quality control/ quality assurance plan.
1997 - Present. Texas Dept. of Public Safety clandestine drug lab contract, Dallas PD. Lead Chemist. Clean up
of clandestine methamphetamine labs. Characterization, segregation, packaging, profiling and manifesting
encountered materials as per 40, 49 CFR
September, 2002 - University of Arkansas, Fayetteville, Arkansas. Lead Chemist. Identification, segregation,
packaging, profiling and manifesting approx. 700 unknown, unearthed chemical bottles and containers.
November 1999 - Central Methodist College, Fayette, Missouri. Lead Chemist. Approx 600 unknown, 4,000
labeled containers. Unknowns were identified, labeled, packaged with appropriate known containers as per 40,
49 CFR, profiled and manifested for transportation and disposal.
July 1998 - GOEX, Cleburne, Texas. Lead Chemist. Approx 300 unknown, experimental chemicals and
precursers up to, and including high explosives. Approx 700 labeled materials. Energetic and high explosives
destroyed on site. Remaining chemicals profiled, manifested as per RCRA/DOT regulations.
E
mith II Response Foremannstruction do Env. Sen ices,L.P. Time allocated to contract—40%
Response Foreman
CERTIFICATIONS:
Mr. Smith serves as a site supervisor for Eagle. • OSHA 40 hr HAZWOPER
He oversees various remediation and Certification
decontamination projects throughout Eagle as well • OSHA 16 hr Confined Space
as the performance of emergency services in Certification
conjunction with Eagle's emergency response • OSHA Supervisor Training
strike team. He has hands on experience in the Course
operation of numerous pieces of instruments and • OSHA Incident Command
equipment, including Haz-Cat Testing. System Certification
• OSHA Driver Qualifiacations
and Regulations, 49 CFR
Summary of Related Experience Parts383, 387, 390-399
1997-Present Site Supervisor, Eagle Construction and
En vironmenta/Services, L.P.
• As an emergency response supervisor, Mr. Smith has been in numerous situations where
there was an unknown substance present. On a regular basis he performs Haz-Cat testing to
identify these unknowns for many of our clients.
• Served as the site supervisor for the decontamination and cleaning of the Dallas Airmotive
facility in Dallas, Texas. His duties included the decontamination and cleaning of the
process lines and vats at the Dallas Airmotive facility.
• As the site supervisor at the Arlington Memorial Hospital in Arlington, Texas, Mr. Smith
managed the excavation of contaminated soil from a diesel spill. His duties included the
excavation,transportation to an approved landfill as well as backfilling and site restoration.
• Mr. Smith has been the site supervisor for numerous decontamination and demolition
projects for Bell Helicopter in the Fort Worth area. His duties included the oversight of
decontamination, demolition, construction and remediation activities for various
environmental projects at the Bell Helicopter facility.
• He was the site supervisor for the decontamination and removal of the process line at the
Raytheon facility in Lewisville, Texas. His duties included the removal and disposal of
waste product as well as the complete decontamination of all process lines, vats and tanks.
E
rey" L. Smith III Emergency Response Supervisor
nstruction & Env. Services, L.P. Time allocated to contract—40010
Emergency Response Supervisor
Mr. Smith has over 6 years experience in CERTIFICATIONS:
environmental emergency response, remediation,
consulting and construction for federal, state and • Basic Rappelling, TCJC, 1989
private sector clients. He has managed over 300 Incident Command, TX A&M,
projects including plant decontamination, train 1991
derailments, trucking accidents, industrial fires, • RAIL Car Safety, 2002
confined space rescue and stand by, pipeline OSHA 40 hr, 8 hr refresher
leaks, oil spill response (land and water), facility (annually)
demolitions, soil stabilization, mass excavation, . BNSF & UPRR Safety Training
groundwater recovery/treatment, and lab packs. (annually)
He has a vast background in the • Tank Car Training, 2001
management/coordination of TNRCC Voluntary . Oil Spill ASS & MGMT, Eagle,
Clean-Up Projects, TNRCC Superfund Projects, 2001
RCRA, TSCA, USCG, EPA, and DOT/RSPA . Chlorine Patch Kits, Eagle,
regulated projects. Mr. Smith possesses hands-on 2002
experience in all phases of environmental projects . Tank Car Safety, Longview
from the Incident Command Level to the FD, 2002
Technician Level. He has performed project
management duties, supervision, waste
disposal/transportation, and site safety. Mr. Smith
has supervised projects involving Liquefied and
Compressed Flammable Gasses, Poisons,
Pyrophoric Compounds, Acids, Bases, Flammable
Liquids, Pesticides/Herbicides, Chlorinated
Solvents, PCBs, and Radiological Materials.
Summary of Related Experience
1997-Present Emergency Response, Eagle Construction and
Environmental Services, L.P.
Mr. Smith is responsible for all personnel, equipment, and projects under his direction. He
supervises job specific activities including but not limited to purchasing, invoicing, scheduling,
estimating, dispatching, and personnel. He is responsible for managing jobs from $1 K to $1 M
• As the senior response supervisor, Mr. Smith decontaminated a 1,000 square foot facility;
managed crews from two to fifteen technicians.
• Supervised the overall response to a release of 60,000 gallons of Ester Alcohol that resulted
AWL
in a contamination of more than 1,000 linear feet of ditch and a pond. The entire release of
product was recovered and a "clean closure" was obtained under TNRCC guidelines
• Supervised numerous tractor-trailer wrecks and the clean-up projects.
Robert Clay V.P. of Operations
Eagle Construction & Env. Services, L.P. Time allocated to contract—20%
V.P. of Operations
CERTIFICATIONS:
Mr. Clay recently joined Eagle as our Vice President of
Operations. Previously, he excelled as an Estimator/Project • M.S. Hazardous Waste
Manger and moved on to the Gulf Coast Regional Manger in Management-College of
Gonzales, Louisiana and La Porte, Texas. Over the past years Biological Sciences—Idaho
Mr. Clay has managed hundreds of projects involving the State University
remediation of hazardous materials, the decontamination of . B.S. Biological Science–
facilities, soil stabilization, excavation, and groundwater California State University
recover treatment. In his current role as Vice President of . BNSF&UPRR Safety Training
Operations, Mr. Clay is responsible for overseeing all of (annually)
Eagle's Branch offices and managers. During his time here, . OSHA 40 hr HAZWOPPER, 8
Mr. Clay has been instrumental in the successful management hr refresher(annually)
and completion of numerous environmental projects involving . 24-hour Supervisor Training
hazardous materials and bioremediation. Course
• CPR Trained, Red Cross First
Aid
Summary of Related Experience . Confined Space 29 CFR
1910.146
Present- Eagle Construction and Environmental Services, L.P.
• Site Supervisor on a large scale stabilization project for the Federal Bureau of Prisons in El Reno,
Oklahoma. The project involves the closure of two chemical and two storm water lagoons. Initial
treatability studies indicate the waste is hazardous due to the presence of various metals and volatile
constituents. The sediments are being stabilized using cement kiln dust to reclassify the material as a non-
hazardous waste. Once the contaminated material has been removed, a clay cap will be placed over the
existing lagoons to prevent rain water infiltration. The project also involves the installation of a large storm
water drainage ditch and the installation of several manholes and approximately 2,000 feet of storm water
sewer.
• Quality Control Officer on a responsible party funded superfund project consisting of excavation,
transportation and disposal of 2,000 cubic yards of hazardous waste.
• Quality Assurance Officer and Co-Project Manager at North Cavalcade State Superfund Site in Houston,
Texas. Duties included Interim Health and Safety,Personal Monitoring Control,Confined Space Manager,
Ambient Air Monitoring, soil testing, submittal preparation and coordination. Responsible for all day to
day activities and project QA/QC activities.
• Project Manager for a large scale excavation at the Mary Moore Elementary facility. Responsible for
safety implementation of shoring and trenching activities. Solely responsible for budgeting and scheduling
of all project resources.
• Managed several projects involving the removal and destruction of USTs. Project Manager at Walnut Hill
Wrecker Service's facility. Scope of work included the removal of five (5) 10,000-15,000 USTs with the
closure of one (1)UST in place. Responsible for worker safety including real-time monitoring.
• Project Manager and QC Team Leader for Sonics International, Inc. State Superfund Site located in
Ranger, Texas. Field activities include excavation, loading and hauling of hazardous and non-hazardous
soils, collecting surface and shallow subsurface soil samples and surface sediment samples using hand
tools. Responsible for crew safety including real time monitoring activities. The project was completed on
time and within budget.
Marc W. Walraven Vice President/Contract
Administration Manager
Eagle Construction&Env. Services, L.P. Time allocated to contract—10%
Program Manager/Contract Administration EDUCATION:
Manager • Bachelors of Science, Petroleum
Mr. Walraven serves as both the Vice President and Contract Engineering, Texas TechUniversity, 1986
Administration Manager for Eagle. Mr. Walraven has
fulfilled these functions for the last eight years for Eagle • Doctorate of Jurisprudence, Texas
Construction and Environmental Services, L.P. Tech University, 1989
• State Bar of Texas, 1989, United
Mr. Walraven's responsibilities include monitoring quality States District Court for the
control (via checklists completed on every project), Southern and Northern Districts of
assigning projects to his staff of Project Managers, Texas, 1989, United States Court
compliance with all state and federal environmental laws of Appeals for the Fifth Circuit,
including CERCLA, TSCA, RCRA, DOT, and SWDA. As 1992, Environmental Law, South
Vice President, Mr. Walraven has managed hundreds of Texas College of Law, 1993,
projects including numerous multi-million dollar projects Environmental Law Litigation,
simultaneously including emergency response, remediation, South Texas College of Law, 1990
and restoration projects. and Environmental Law, The
In addition to managing projects in the field, Mr. Walraven University of Tulsa, 1990
also supervises corporate functions including the general CERTIFICATIONS:
accounting and purchasing procedures. Mr. the
is
!� responsible for tracking costs on projects, procuring and • Tau Beta Pi (Engineering Honors
managing subcontractors, ensuringproposal content is Fraternity)
consistent not only with Eagle's policies and procedures but • Pi Epsilon Tau (Petroleum
also requirements of the RFP, and supervision and review of Engineering Honors Fraternity)
all estimates produced for clients. He is also responsible for . Phi Delta Phi (Legal Honors
ensuring compliance with terms and conditions and Fraternity)
regulation and with all contracts for Local, State, Federal, or . 29 CFR 1910.120 40 Hour
Private entities. Hazardous Worker Course
• 29 CFR 1910.120, 8 Hour Refresher
Summary of Related Experience 29 CFR 1910.146
1993-Present Vice President, Eagle • Confined Space Entry
Construction and Environmental Services • Lead Abatement Certification
• Texas Corrective Action Specialists
Supervises and is responsible for contract compliance and Representative
administration, project management, project accounting and • Licensed Contractor Representative
tracking, regulatory compliance, and resource management for Louisiana, Arkansas, New
for the Company. Mexico, and Arizona, including
Hazardous Materials Specialization
1989-1993 Attorney at Law, Kirk/and, Boudreaux, and Leonard, L.L.P. —
Houston, Texas
Performed and managed complex environmental, product liability, and securities civil litigation for various private-
sector clients.
Toe L. Walraven Presiclent
Eagle Construction & Environmental Services,L.P. Time allocated to contract— 5%
President EDUCATIONXERTIFICATIONS
As Chief Executive Officer, Mr. Walraven directs • B.B.A. Southern Methodist
and manages all environmental projects on a daily University, 1971
basis with the Project Manager. He has been in • 40 Hour 29 CFR 1910.120 Hazmat
the environmental and construction business for Training
well over 30 years. His superb managerial • 8 Hour 29 CFR 1910.1230 Refresher
abilities is evidenced by the success of the Supervisor Training
company. • 8 Hour 29 CFR 1910.146 Confined
Space Entry
Summary of Related Experience
Present
Eagle Construction and Environmental Services, L.P. President - Founded Eagle in 1981. Personally
administers all phases of project costing, scheduling, employee assignment, and equipment
requirements. Appropriates time to survey projects in progress.
1978-1980
Southwest Regional Manager for North American Railcar Corporation. Responsible for managing six
(6) plants located in: Texarkana, Arkansas; Camden, Arkansas; Ferriday, Louisiana; Roscoe, Texas;
Ranger, Texas; and Mira Loma, California. Also coordinated labor negotiations with plant employees at
all locations.
1970-1978
Planned, organized, and built Texas Railway Car Corporation to 225 employees with gross revenue of 6
million annual sales.
1959-1970
Served four years as Carman Apprentice for Texas & Pacific Railway at Texarkana, Arkansas and Fort
Worth, Texas. Also served in the capacity of round house and locomotive supervisor at train yard in
Dallas, Texas.
Appendix D:
Corporate SOQ/Brochure
r
ell—
Appendix E:
Pre-Audit Checklists
The City of Fort Worth
Department of Environmental Management
RCRA Hazardous Waste TSD Facility Audit
Pre-Audit Package
For:
Waste Management Westside Landfill
Date: 03/24/2004
Please print or type each response. Supporting documentation
should be attached to any section as is needed.
i
000,
Section 1: General Information
I. Date Pre-Audit Package completed: 03/24/2004
2. Primary Contact: Bill Johnston Title: Landfill Manager
3. Company Name: Waste Management
4. Facility
Location: 12280 Camp Bowie W
Aledo. Texas 76008
5. Telephone Fax
Number: (817) 244-3500 Number: (817) 244-0845
Section 2: Facility Information
1. Is there a security system/fence around this Yes Describe:
facility?
2. Are security guards No If so, when?
used?
3. Is there an active landfill Yes If so, what types of wastes are accepted?
nearby?
DFW accepts any waste as lona as non hazardous and non Class 1 except asbestos. The
waste can not have free liquids
4. What (if any) bodies of water are nearby and at what distance are they?
Mary's creek borders the North
5. Describe site fire-fighting capabilities.
Have a water truck and dirt and emergency personnel within 5 minutes
ii
Section 3:Federal and State Permits
1. List the name, address, and EPA and State ID numbers for all treatment, storage, and
disposal facilities to be used for this project. Be sure to attach copies of any permits to show
each are current:
Westside Landfill 12280 Camp Bowie W Aledo,Texas 76008 TCE MSW Permit 1019-A
2. Attach proof of your company's registration with the EPA and State agency.
3. What were the dates of the latest federal and state inspections? Specifically, which
agencies inspected?
TCEQ comprehensive inspection Fall 2002
4. What were the results of these inspections? Include a description of any violations and
corrective actions.
Compliance no NOVs
5. What is the status of your RCRA Part B permit?
NA
6. Please attach copies of your current insurance coverages.
iii
Section 4: Employee Training
1. List the minimum qualifications of all key positions that would handle wastes for this
project. Include minimum college education, certifications, and other relevant training:
All personnel trained onsite for proper waste handling
2. Attach resumes of key personnel who will be assisting with completion of this project.
Section 5: Waste Inventory Control
1. What types of wastes are accepted/not accepted, and how are unacceptable wastes
handled?
Cannont accept hazardous or Class 1 waste except asbestos waste cannot have free liquids;
waste is screened at the gate and working face, if unacceptable waste is found management
is notified and the waste is handled properly
2. In general, describe the methods used to characterize wastes.
001, Profile sheet with corresponding analysis and/or process knowledge is submitted for
approval to our Houston office. If approved, the waste is given a approval number which
is then put on the manifest of each load that comes to the site.
00,01
iv
Section 5: Waste Inventory Control, continued
3. What method is used to determine which treatment facility, landfill, or incinerator a waste
is sent to?
Landfill only
4. What procedures are used to ensure(verify) wastes are sent to their intended destination
for disposal, treatment, etc.?
Manifest every load
Section 6: Environmental Monitoring
1. In general, describe your facility's groundwater monitoring program. How many
groundwater monitoring wells are on site? Number of wells down gradient and number up
gradient? Include groundwater monitoring for landfills, incinerators, and treatment facilities
to be used for this project.
8 wells; Sup and 5 downgradient
2. In general, describe your facility's air monitoring program for air emissions. Include air
monitoring for landfills, incinerators, and treatment facilities to be used for this project.
We have a standard permit for the landfill; Title V application submitted but not approved
and not NSPS.
v
Section 6: Environmental Monitoring, continued
I How is stormwater runoff/run-on managed?
Through TPDES permit with the TCEQ
4. What is your groundwater monitoring compliance status?
All wells in detection monitoring
r
Vi
AMMW
The City of Fort Worth
Department of Environmental Management
RCRA Hazardous Waste TSD Facility Audit
Pre-Audit Package
For:
Waste Management DFW Landfill
Aft
Date: 03/24/2004
Please print or type each response. Supporting documentation
should be attached to any section as is needed.
i
AP"'
Section I: General Information
I. Date Pre-Audit Package completed: 03/24/2004
2. Primary Contact: Gary Barolet Title: Landfill Manager
3. Company Name: Waste Management
4. Facility
Location: 1600 S. Railroad Street
Lewisville, Texas 75067
5. Telephone Fax
Number: (972) 459-1202 Number: (9 72) 459-1226
Section 2: Facility Information
1. Is there a security system/fence around this Yes Describe:
facility?
2. Are security guards No If so, when?
used?
3. Is there an active landfill Yes If so, what types of wastes are accepted?
nearby?
DFW accepts any waste as long as non hazardous and non Class 1 except asbestos
4. What (if any) bodies of water are nearby and at what distance are they?
Elm Fork of the Trinitv River 3 borders of landfill
5. Describe site fire-fighting capabilities.
Have a water truck and dirt and emergency personnel within 5 minutes
ON-
ii
Section 3: Federal and State Permits
1. List the name, address, and EPA and State ID numbers for all treatment, storage, and
disposal facilities to be used for this project. Be sure to attach copies of any permits to show
each are current:
DFW Landfill 1600 S. Railroad Street Lewisville, Texas 75067 TCEQ MSW permit#
1025-B
2. Attach proof of your company's registration with the EPA and State agency.
3. What were the dates of the latest federal and state inspections? Specifically, which
agencies inspected?
TCEQ comprehensive inspection Spring 2003
4. What were the results of these inspections? Include a description of any violations and
corrective actions.
Compliance no NOVs
5. What is the status of your RCRA Part B permit?
NA
6. Please attach copies of your current insurance coverages.
iii
r
Section 4: Employee Training
1. List the minimum qualifications of all key positions that would handle wastes for this
project. Include minimum college education, certifications, and other relevant training:
All personnel trained onsite for proper waste handling
2. Attach resumes of key personnel who will be assisting with completion of this project.
Section 5: Waste Inventory Control
1. What types of wastes are accepted/not accepted, and how are unacceptable wastes
handled?
Cannont accept hazardous or Class 1 waste except asbestos; waste is screened at the gate
and working face, if unacceptable waste is found management is notified and the waste is
handled properly
2. In general, describe the methods used to characterize wastes.
r Profile sheet with corresponding analysis and/or process knowledge is submitted for
approval to our Houston office. If approved, the waste is given a approval number which
is then put on the manifest of each load that comes to the site.
Ook
iv
Section S: Waste Inventory Control, continued
3. What method is used to determine which treatment facility, landfill, or incinerator a waste
is sent to?
Landfill only
4. What procedures are used to ensure (verify) wastes are sent to their intended destination
for disposal, treatment, etc.?
Manifest every load
Section 6: Environmental Monitoring
1. In general, describe your facility's groundwater monitoring program. How many
groundwater monitoring wells are on site? Number of wells down gradient and number up
gradient? Include groundwater monitoring for landfills, incinerators, and treatment facilities
to be used for this project.
20 wells; 18 down and 2 upgradient
2. In general, describe your facility's air monitoring program for air emissions. Include air
monitoring for landfills, incinerators, and treatment facilities to be used for this project.
We have a standard permit for the landfill; Title V application submitted but not approved
and not NSPS.
v
Section 6: Environmental Monitoring, continued
3. How is stormwater runoff/run-on managed?
Through TPDES permit with the TCEQ
4. What is your groundwater monitoring compliance status?
We have 4 wells in assessment monitoring for VOAs
Vi
`r
f
Appendix F:
Generic Site Specific Health & Safety Plan
~ EMERGENCY RESPONSEXONTINGENCY PLAN
1.0 Emergency Response
This section describes contingencies and emergency planning procedures to be implemented at
the site. This plan shall meet requirements of local, state, and federal disaster and emergency
management plans as appropriate.
1.1 Pre-Emergency Planning
All workers will be informed of the location of the incident and a map of the route to the nearest
medical facility will be posted on-site. Location of this map will be discussed at the kick off
meeting to advise personnel of its whereabouts.
Ambulance Services 911
Fire Department Telephone No. 911
Police: 911
Sheriff: 911
Highway Patrol: 911
National Poison Control: 1-800-Poison 1 or 1-800-764-7661
National Response Center: 1-800-424-8802
SITE EMERGENCY NUMBER : 911-You can dial 911 for all emergency services.
Note: When using a cellular phone outside the phone's normal calling area,caution should be exercised in relying
poll on the cellular phone to activate 911.When outside the normal calling area,the cellular service carrier should
connect the caller with emergence services in the area where the call was originated from-however:this may not
occur. Back-up emergency services phone numbers should be provided when relying on a cellular phone to activate
911.
Provisions of the emergency response plan, communications systems, and evacuation routes will
be reviewed and revised , if necessary, by the Site Health and Safety Officer (SHSO). This will
ensure that the plan is adequate and consistent with prevailing site conditions.
Available Material Safety Data Sheets (MSDS) and a copy of the Health and Safety Plan
(SSHSP) will be provided to the hospital if any personnel require treatment due to injury from
chemical exposure on the job site.
All employees will be briefed and a list will be kept on hand of the following:
• Hospital, address and telephone number.
• Ambulance service and fire department telephone numbers
• The name and telephone number of the site supervisor, doctor, ambulance, hospital. fire
and police will be posted at project phone.
• Notification of Workers' Compensation Insurance Coverage.
• Names, responsibilities, and authority of personnel assigned to implerl►en �rr$ec} _ ._
actions and the contingency plan. I
• Procedures for detecting and quantifying airborne contaminants that may migrate off-site
in addition to air monitoring as required.
• Site security in the event of an emergency.
• Record keeping and reporting requirements.
• Discussion of the on-site emergency response procedures contained in the SSHSP.
At the end of the meeting discussions shall be formally documented and appended to the SSHSP.
1.2 Personnel Roles and Lines of Authority
President: Joe Walraven
Vice President: Marc Walraven
Corporate H&S Brian Morel
Project Manager: To Be Determined
Site Supervisor: To Be Determined
Eagle's Corporate Office is directly responsible for the health and safety of our employees
including safety programs to ensure safe employment and a hazard free workplace. This
responsibility extends to assuring that field management personnel are trained and are competent
to act responsibly at all times.
The Corporate Health and Safety Director (CHSD), or his representative, is responsible for
reviewing and concurring with the SSHSP for hazardous activities and activities where
specialized training is mandated. The CHSD may designate other individuals as competent,
qualified, or authorized persons as qualifications allow or as time permits. Additionally, he has
the responsibility and authority to stop any activity, which appears to have unsafe practices, acts,
or has the potential for imminent danger. He will also coordinate all safety reporting, perform
accident analysis and interface with Sedalco, conduct or authorize inspections of the work site,
equipment and tools, or other duties as required by the project. The CHSD will report findings
and recommendations to the Project Manager (PM) and the Site Supervisor and will remain
responsible to Executive Management. Mr. Brian Morel serves as the CHSD.
The PM is directly responsible for the safety of all field (on-site) employees. He will coordinate
activities of the Site Supervisor and SHSO, ensure that employees are adequately trained, ensure
topics for the safety meetings are appropriate to the work being performed, ensure that the
required sanitation and hygiene provisions are in place, ensure that the designated, competent,
qualified and authorized persons are performing the functions as required in the SSHSP, and that
this plan and all other safety requirements are being complied with by all on-site employees.
The Site Supervisor has primary measures to ensure the safety of site personnel and the public.
Possible actions may involve evacuation of personnel from the site area, and evacuation of
adjacent facilities. He is additionally responsible for ensuring that corrective measures have been
implemented, appropriate authorities notified, and follow-up reports completed. The SHSO may
be called upon to act on the behalf of the PM or the Site Supervisor and will direct responses to
any medical emergency. If an emergency situation occurs, the individual subcontractor
organizations are responsible for assisting the Site Supervisor within the scope of the
0001,
subcontractor's work. The Site Supervisor will be responsible for notifying all employees of the
emergency warning device signal.
The Site Safety Officer (SHSO) implements the on-site project safety program and procedures.
He will conduct the daily safety meetings and will interface as required with other site
representatives. The SHSO takes the following action(s) when appropriate:
A safety log will be kept for all Eagle activities. This log will include daily safety meeting topics,
training given, record of any first aid administered, and any incidents of a health and safety
nature.
The SHSO has the responsibility for implementing the SSHSP program and procedures. He will
oversee any personnel monitoring and will decide when action levels have been reached which
require more stringent personnel protection or alternate control measures. The SHSO is
additionally responsible for:
• Ensuring proper use of personal protective equipment.
• Containing and mitigating unanticipated liquid releases, should they occur.
Each Environmental Technician is responsible for his/her own safety as well as the safety of
those around him/her. The Environmental Technician shall use all equipment provided in a safe
and responsible manner as directed by his/her supervisor.
On-site personnel at all levels are primarily responsible to ensure that the work place is free of
recognized hazards which are likely to cause harm or serious injury to employees. The
employee(s) must utilize the training provided, and if the work situation raises questions about
safety, they are to stop work and seek supervisory personnel for resolution of their safety
concerns. Employees also have a responsibility to comply with occupational safety and
health standards. Employees should not knowingly or willfully conduct actions that are contrary
to training received. Employee responsibility extends to seeking assistance from management
whenever they believe that an action performed is contrary to company safety and health
practices.
Equipment operators are responsible for the maintenance, inspection, and safe operation of their
equipment. A daily inspection will be made of equipment before daily activities begin. Any
malfunction will be reported and repaired before engaging in work activities.
Mobile equipment shall be operated by authorized employees who are, in the opinion of the Site
Supervisor, qualified to operate the piece of equipment assigned. They shall comply with
applicable operating instructions, limitations, and regulatory requirements contained in this
SSHSP, and those posted at the construction site. Continued failure to comply with these
operating and regulatory requirements shall be grounds for dismissal. Further, operators will not
place or continue in service any equipment found to be in an unsafe condition.
1.3 Emergency Recognition/Prevention
400- Personnel will be trained in hazard identification. The SHSO/Site Supervisor is responsible for
ensuring hazard prevention devices or equipment are available to site personnel.
1.4 Evacuation Routes/Procedures
In the event of an emergency which necessitates evacuation of the area, the following procedures
will be implemented :
• Warning signal will be activated (One long blast of a horn unless signal is
changed by the SHSO/Site Supervisor who will notify all concerned).
• Proceed to contractor's lay down area.
• Gather at the predetermined primary assembly area (relocate at predetermined
secondary assembly area if necessary).
• Perform head count to verify all present.
• Notify CHSD, or his representative.
Note: All procedures will be thoroughly discussed with all personnel and subcontractors at the
kickoff of project. Any significant changes or additions or procedures will be discussed
at the daily safety tailgate meetings.
1.5 Emergency Medical Treatment Procedures
Any person who becomes ill or injured on-site must be decontaminated to the maximum extent
possible. If the injury or illness is minor, full decontamination should be completed and first aid
administered prior to transport. If the patient's condition is serious, at least partial
decontamination should be considered.
First aid should be administered while awaiting an ambulance or paramedics. All injuries and
illnesses must immediately be reported to the PM, SHSO, and the CHSD, or his representative.
Any vehicle used to transport contaminated personnel will be decontaminated as necessary.
Any person who becomes ill or injured without the concern of contamination shall also seek
appropriate medical assistance.
Any person being transported to a clinic or hospital for treatment should be accompanied with a
complete copy of this ERP.
1.5.1 Emergency Equipment and First Aid Requirements
Eagle will provide the following on-site emergency and first aid equipment:
1) The active work area shall be provided with approved emergency eye wash and a
minimum rating 2A-IOB:C Type dry chemical fire extinguishers. Units will be
portable.
2) At least one "industrial" first aid kit, approved by a consulting physician to
comply with 29 CFR 1926.50(d)(I) shall be provided and maintained fully
stocked at an easily accessible, uncontaminated location. If active work areas are
isolated or separated as to make one (1) first aid location impractical, first aid
stations shall then be established, as required in close proximity to the work, but
not inside a contaminated work area.
1.6 Fire or Explosion
In the event of fire or explosion. evacuate and contact the Fire Department Phone Number 91 1.
Upon their arrival, the PM or Site Supervisor will advise the Fire Commander of the location,
nature, and identification of any known hazardous materials in the affected area.
1.7 Spill or Leaks
In the event of a spill or a leak of fuel or oil, site personnel will inform the Site Supervisor. The
Site Supervisor will then initiate the proper containment and cleanup procedures which include:
1. Containment of free liquids through use of berms and dams.
2. Solidification of free liquids with absorbent material.
3. Excavation of contaminated soil.
1.8 Emergency Equipment/Facilities
0011
All emergency alerting and response equipment shall be available at the interface of the support
and contamination reduction zones. At a minimum, this shall include the following:
• Air Horn
• First Aid Kit
• Fire Extinguisher(2A-IOB:C)
• Mobile Phone
1.9 Protection to the Public
The work area will be determined an exclusion zone and unauthorized access will be strictly
prohibited. Sedalco must notify Eagle in writing of any one who is authorized access to the
exclusion zone. Yellow caution tape shall be utilized to provide adequate warning of hazards to
workers and the public, visible at work zone entrances. Although the American facility is secured
from all access to the general public, the banner tape will be utilized to identify the following
areas:
• Exclusion Zone Rork Areas
• Decontamination Areas
• Spill Areas
1.10 Decontamination ------ ---- �-
Decontamination will be set up for personnel and equipment just inside the Exclusion Zone.All
Decontamination Stations will be lined with poly plastic and bermed when the potential for run-
off exist.All personnel and equipment must undergo decontamination prior to leaving the
Exclusion Zone.
1.11 Critique of Response Actions
At the conclusion of each Emergency Response, a critique of the operation will be conducted
with all personnel involved. During the critique, all personnel will be given the opportunity to
share any ideas on what he/she felt may have gone right or what areas may need improvement.
All information gathered at the critique session will be used to improve training for future
Emergency Responses.
1.12 Plan Changes
Changes made to this plan during the execution of the project will documented by the SHSO or
Site Supervisor marking up changes and forwarding to the CHSD for revision. This marked up
copy of the plan with the SHSO's signature will be maintained in the project files on site for
documentation.
Enter Changes to Section
Date Time SHSO's Signature
APPENDIX A
(Route to Hospital)
APPENDIX B
MSDS
..b
2.9 FINANCIAL STATEMENT
Providers must provide a current certified or compilation financial statement within this
section of the Proposal. The financial statement shall be no more than six (6) months old.
INCLUDE A COPY OF THE STATEMENT FOLLOWING THIS PAGE
BOUND WITHIN THE PROPOSAL PACKAGE
OOW
DEM04-04:ESR
MARCH 4, 2004 2-30
EAGLE CONSTRUCTION & ENVIRONMENTAL
SERVICES, L.P.
FINANCIAL STATEMENTS AND
REPORT OF INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANTS
May 31,2003
PHILLIPS&COMPANY,L.L.P.
Certified Public Accountants
500 Chestnut, Suite 901
Abilene, Texas 79602
C
o
0
PHILLIPS & COMPANY , L . L . P .
Certified Public Accountants
Edgar A. Phillips, CPA Phone (915)677-7991
Charles F. Egger,CPA Toll Free (800)477-1848
David M. Smith,CPA Fax (91.)677-7048
Report of Independent Certified Public Accountants
Partners
Eagle Construction & Environmental Services, L.P.
Eastland, Texas
We have audited the accompanying balance sheet of Eagle Construction &
Environmental Services, L.P. as of May 31, 2003, the related statements of earnings,
and cash flows for the five months then ended. These financial statements are the
responsibility of the Company's management. Our responsibility is to express an
opinion on these financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards in the
United States. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements. An audit also includes assessing
the accounting principles used and significant estimates made by management, as well
as evaluating the overall financial statement presentation. We believe our audit provides
a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material
respects, the financial position of Eagle Construction & Environmental Services, L.P. as
of May 3t, 2003, and the results of their operations and their cash flows for the five
months then ended, in conformity with generally accepted accounting principles in the
United States.
ga'
' �
CERTIF ED PUBLIC AC OUNTANTS
June 20, 2003
500 Chew= - Suite 901 ■ Abilene,TX 79602
Mailing Address:P.O.Box 3034 ■ Abilene,TX 79604
EAGLE CONSTRUCTION &ENVIRONMENTAL SERVICES, L.P.
Balance Sheet
May 31, 2103
ASSETS
Current Assets
Cash $ 290,378
Accounts receivable(net of allowance for doubtful accounts of $335.201) 9,881,385
Costs and estimated earnings in excess of billings 1,311,384
Inventories 293,921
Current maturities of long-term receivables 531,114
Prepaid expenses 514,827
Total Current Assets 12,823,009
Property and Equipment,net of
accumulated depreciation of$8,967,180 6,042,268
Other Assets
Long-term receivables 2,124,879
Other insurance receivables 578,391
Other 92,408
Total Other Assets 2,795,878
TOTAL ASSETS $ 21,660,955
LIABILITIES AND PARTNERS'EQUITY
Current Liabilities
Book Overdraft $ 447,161
Current maturities of long-term debt 5,180,193
Accounts payable 3,126,666
Accrued expenses 753,866
Intercompany Payable 9,770
Federal Income Tax Payable 684,557
Billings in excess of cost and estimated earnings 169,249
Total Current Liabilities 10,371,462
Long-Term Debt 4,252,855
Deferred Income Taxes 422,784
Partners'Equity
Partners'Equity 6,613,854
Total Partners'Equity 6,613,854
TOTAL LIABILITIES AND PARTNERS'EQUITY $ 21,660,955
The accompanying notes are an integral part of this statement.
2
P
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
Statement of Earmings
For the Five Months Ended May 31, 2003
Income $ 16,309,896
Operating Expenses
Cost of income $ 9,880,461
Compensation and benefits 2,963,793
Depreciation 614,626
Other operating expenses 876,903
Administrative 1,315,462
Total Operating Expenses 15,651,245
Income from Operations 658,651
Other Income and (Expenses)
Interest Income 36,146
Interest expense (176,082)
Other Income 1,521,950
Marketing (77,8 97)
Total Other Income 1,304,117
Income Before income Tax 1,962,768
Income Taxes
Current tax expense (684,557)
f Deferred tax benefit 17,216
Total Income Tax (667,341)
Net Income 1,295,427
Partners'Equity December 31,2002 5,318,427
Partners'Equity May 31,2003 $ 6,613,854
The accompanying notes are an integral part of this statement.
3
EAGLE CONSTRUCTION $ ENVIRONMENTAL SERVICES, L.P.
Statement of Cash Flows
Five Months Ended Max 31, 2003
Cash Flows From Operating Activities
Cash received from customers $ 12,992,176
Cash paid to suppliers and employees (14,215,488)
Interest received 36,146
Interest paid (176,082)
Other income received 1,521,950
Other expenses paid (77,897)
Net Cash Provided By Operating Activities $ 80,805
Cash Flows From Investing Activities
Cash paid for property and equipment (290,946)
Purchase of investments (12,401)
Net advances on note receivables 258,196
Net Cash Used By Investing Activities (45,151)
Cash Flows From Financing Activities
Proceeds from debt 3,512,334
Principal payments and maturities of debt (3,961,186)
Intercompany Payable 578
Net Cash Used By Financing Activities (448,274)
Net Decrease In Cash (412,620)
Cash at Beginning of Year 702,998
Cash at End of Period $ 290,378
Reconciliation of Net Income to Net Cash Provided by Operating Activities
Net income $ 1,295,427
Adjustments to reconcile net income to
net cash provided by operating activities:
Depreciation $ 614,626
(Increase)Decrease in
Total Receivables (4,049,058)
Costs and estimated earnings in excess of billings (926,789)
Inventories (3,529)
Prepaid expenses (288,343)
Federal Income Tax Refund 1,554,519
Increase(decrease) in
Book overdraft 447,161
Accounts payable 487,392
Accrued expenses 233,745
Billings in excess of costs and estimated earnings 48,313
Deferred income taxes (17;216)
Federal income tax payable 684,557
Total adjustments (1,214,622)
Net Cash Provided By Operating Activities
$ 80,805
The accompanying notes are an integral part of this statement.
4
! EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
I T NOTES TO FINANCIAL STATEMENTS
May 31, 2003
NOTE A: SUMMARY OF ACCOUNTING POLICIES
A summary of the significant accounting policies consistently applied in the
preparation of the accompanying financial statement follows:
1. Nature of Business
Eagle Construction & Environmental Services, L.P. (the Company) is
engaged in environmental construction, remediation, and emergency
response services. Since the Company entered the environmental work
area in 1988 significant growth has been experienced. Management feels
that additional growth in this area will be developed in future years. The
Company has also experienced significant growth in its emergency
response work and management expects this trend to continue as well.
The Company has offices in Eastland, Ft. Worth, La Porte, and Cibolo,
Texas, North Little Rock, Arkansas, and Gonzales, Louisiana, and Findlay,
Ohio.
2. Ownership
The ownership of Eagle Construction & Environmental Services, L.P. is:
Eagle Construction & Environmental Services — 1, Inc. 1% (General
Partner); Joe L. Walraven Family Partnership, Ltd. 77% (Limited Partner);
and Marc W. Walraven 22% (Limited Partner).
3. Inventories
Inventories are stated at the lower of cost or market. Cost is determined
by the FIFO (first-in, first-out)method. (See Note C)
4. Property and Equipment
Depreciation is provided for in amounts sufficient to relate the cost of
depreciable assets to operations over their estimated service lives,
principally on a straight-line basis for financial reporting.
Modified accelerated cost recovery method is used for tax purposes on all
assets acquired after 1986. The accelerated cost recovery method is used
for tax purposes on all assets acquired from 1981-1986. A provision for
deferred income taxes relating to depreciation temporary timing differences
has been recognized.
5. Revenue and Cost Recognition
Revenue from construction contracts is recognized by two methods. Long-
term contract revenue is recognized on the percentage of completion
0011, method of accounting, measured by the ratio of construction costs incurred
to date to management's estimates of total anticipated costs.
5
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
May 31, 2003
NOTE A: SUMMARY OF ACCOUNTING POLICIES -CONTINUED
Time and material contract revenue is recognized as work progresses and
revenues earned.
Contract costs include direct materials and labor and those indirect costs
related to contract performance, such as equipment hire, contract labor,
employee expense, supplies, trucking and fuel costs. Selling and general
and administrative costs are charged to expenses as incurred.
The asset, "Costs and estimated earnings in excess of billings", represents
revenues recognized in excess of amounts billed on incompleted long-term
contracts. The liability, "Billings in excess of costs and estimated
eamings", represents billings in excess of revenues recognized on
incompleted long-term contracts.
6. Income Taxes
The company has elected to implement Statement of Financial Accounting
Standard No. 109"Accounting for Income Taxes." (See Note F).
7. Cash Eouivalents
For purposes of the statement of cash flows, the Company considers all
highly liquid debt instruments purchased with a maturity of three months or
less to be cash equivalents.
8. Use of Estimates
The preparation of financial statements in conformity with generally
accepted accounting principles in the United States requires management
to make estimates and assumptions that affect reported amounts and
disclosures. Accordingly, actual results could differ from the estimates.
NOTE B: ACCOUNTS RECEIVABLE
Accounts Receivable at May 31, 2003, consist of the following:
Accounts Receivable—Trade $ 10,216,586
Allowance for Doubtful Accounts (335.201)
Total S 9.881.385
Allowance for bad debts has been increased by $134,233 from December 31
2002 for possible uncollectible accounts at May 31, 2003. There has been no
direct write off of any accounts during this period.
6
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
May 31, 2003
NOTE B: ACCOUNTS RECEIVABLE—(CONTINUED)
The billed trade receivables at May 31 for long-term contracts totals $2,767,298,
and the billed trade receivables for time and material contracts totals $6,764,426.
NOTE C: INVENTORIES
Inventories at May 31, 2003, consist of the following:
Parts, Materials $ 263,561
Oil and Grease 10,187
Diesel Fuel 20,173
Total $ 293.921
NOTE D: LONG-TERM RECEIVABLES
Long-term receivables include accounts receivable trade which have been
converted to notes receivable, loan advances to third parties, sales of equipment
on a note, and loans to employees.
NOTE E: PROPERTY AND EQUIPMENT
Following is a summary of property and equipment at cost, less accumulated
depreciation, at May 31, 2003.
Land $ 195,687
Building and Leasehold Improvements 2,233,676
Machinery and Equipment 4,109,834
Automotive and Transportation
Equipment 7,836,671
Office Furniture and Equipment 633,580
Total 15,009,448
Accumulated Depreciation (8.967,180)
Net S 6.042.268
The useful lives of property and equipment for purposes of computing deprecia-
tion are:
Building and Leasehold Improvements 2-39 years
Machinery and Equipment 3-10 years
Automotive and Transportation Equipment 3-6 years
Office Furniture and Equipment 4-8 years
Depreciation expense of$614,626 has been recorded for the five months ended
May 31, 2003.
7
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
May 31, 2003
NOTE F: OTHER INSURANCE RECEIVABLES
The Company pays the life insurance premiums ($80,270 and $12,159 annually)
on two separate policies on the life of Joe L. Walraven. In the event of Mr.
Walraven's death, the Company will be reimbursed for the full amount of
premiums it has paid. The balance of the death benefits will go to the beneficiary.
As of May 31, 2003, the cumulative premiums paid total $578,391. This
represents the premiums paid on the split dollar fife insurance policies. The
premiums paid through December 31, 2002 totaled $498,121. The premiums
paid in 2003 are $80,270. The Company has reflected a receivable equal to the
cumulative premiums paid. The net cash surrender value of the policies is
$141,821.
NOTE G: BOOK OVERDRAFT
The book overdraft recorded at May 31, 2003 is a result of checks that were
written and released but had not cleared the bank. This did not result in a bank
overdraft.
NOTE H: NOTES PAYABLE AND LONG-TERM DEBT
Following is a summary of notes payable and long-tens debt at May 31, 2003:
Notes Payable
Revolving Line of Credit for$3,500,000 dated
December 1, 2002, due June 1, 2003. Interest
payable at Eastland National Bank, Eastland,
calculated at the First National Bank of Abilene
base rate, secured by inventory, equipment and
accounts receivable. $ 3,382,000
Note payable to Eastland National Bank for$350,000
plus additional proceeds of$244,500 making the total
note amount$594,500, dated August 14, 2002, due
August 14, 2017. Interest payable at Eastland National
Bank, Eastland, calculated at the First National Bank
of Abilene base rate, secured by real estate. 466,668
Note payable to AFCO for financing of insurance in
the amount of$520,372 dated March 28, 2003, due
January 28, 2004. Interest payable at 3.799%. 378,452
Long-Term Debt:
Note payable officers has no set repayment schedule
or interest rate. 34,746
8
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
May 31, 2003
NOTE H: NOTES PAYABLE AND LONG-TERM DEBT(CONTINUED)
Notes Payable to Eastland National Bank
secured by equipment and accounts receivable
of the company. Payable in monthly payments
ranging from $424 to $44,151 including
interest at First National Bank of Abilene base
rate +Y2%, final maturities November 2005. 2,503,434
Note Payable to Eastland National Bank secured
by assets of Eagle Railcar Services L.P. Payable in
monthly payments of$35,139 at an interest rate of 4.75%. 2,113,919
Note Payable to Farmers & Merchants Bank
secured by automotive equipment, payable in monthly
installments of$333 at an interest rate of 8.0%. Final
maturity at April 2004. 3,519
Note Payable to GMAC, secured by automotive
equipment, payable in monthly installments of
$1,152 at an interest rate of 1.9%. Final maturity
at August 2004. 17,073
Note Payable to Eagle Holding Company. Note
has no set repayment schedule or interest rate.
The note is unsecured. 50,426
Note Payable to BMW secured by automotive
equipment, payable in monthly installments of
$659 at an interest rate of 6.9%. Final maturity
at July 2007. 28,709
Note Payable to GMAC secured by automotive
equipment, payable in monthly installments of
$914 at an interest rate of 0%. Final maturity
at April 2008. 53,006
Note payable to Community Bank secured by
equipment, payable in monthly installments of
$3,699 at an interest rate of 6%. Final maturity
at May 2007. 157,500
t
9
EAGLE CONSTRUCTION S ENVIRONMENTAL SERVICES, L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
May 31, 2003
NOTE H: NOTES PAYABLE AND LONG-TERM DEBT(CONTINUED
Notes Payable and Capital Leases to Ford Motor Credit
under retail installment contracts, payments ranging from
$551 to $941 per month, including interest
ranging from 0%to 8.75%, final maturities 2004-2007. 243.596
$ 9,433,048
Less Current Maturities 5.180.193
Long-Term Portion of Long-Term Debt 4.252.855
Following are maturities of long-term debt for each of the next five years ending
December 31:
2004 $ 1,444,786
2005 773,776
2006 612,749
2007 528,667
2008 and later 892,877
Total S 4.252.855
NOTE I: INCOME TAXES
The Company has adopted the Statement of Financial Accounting Standards No.
109 "Accounting for Income Taxes." Under the liabilities method specified, the
deferred tax liability is determined based on the difference between the financial
statement and the tax bases of assets and liabilities as measured by the enacted
rates which will be in effect when the differences reverse. Deferred tax expense
(reversal) is the result of changes in the liability for deferred taxes. The principal
type of difference between assets and liabilities for financial statement and tax
return purposes is accumulated depreciation.
The effective tax rate differs from the United States Federal statutory tax rate of
34% principally due to the effect of tax depredation methods, graduated income
tax rates, nondeductible items.
NOTE J: RELATED PARTY TRANSACTIONS
Related parties consist of
I. Joe L. Walraven, President of the Company's general partner
2. Marc W. Walraven, Vice-President of the Companys general partner
3. Eagle Railcar Services, L.P., owned by Joe L. Walraven Family Partnership,
Ltd. and Marc W. Walraven . This company is engaged in operations to
renovate, repair, and maintain railroad cars.
10
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
( � NOTES TO FINANCIAL STATEMENTS (CONTINUED)
1 May 31, 2003
NOTE J: RELATED PARTY TRANSACTIONS (CONTINUED)
4. Eagle Holding, Inc., owned by Marc W. Walraven. This company is an
equipment leasing and rental company primarily leased and rented
equipment to Eagle Construction and Environmental Services, L.P. This
company is non-operating.
5. Fleet Equipment Leasing, L.P., owned by Marc W. Walraven. This company
is an equipment leasing and rental company.
6. Denali, owned by Jennifer Walraven, wife of Joe L. Walraven. This company
is an employee leasing company who leases employees to Eagle
Construction and Environmental Services, L.P.
The related party transactions include:
1. The Company leases its Eastland office and equipment yard from Joe L.
Walraven, the President of the Company's general partner, under a lease
agreement dated September 8, 1994. The term of the lease is for one
year from September 8, 1994. The company has the option to renew the
one-year lease in future periods. The company has an option during the
term of this lease, with proper notice to purchase the property from Mr.
Walraven. The lease is a triple net lease with monthly lease payment of
�• $8,000 due on the first day of each month for the duration of the lease.
2. The Company leases its Fort Worth, Texas, office and equipment yard
from Joe L. Walraven, the President of the Company's general partner,
under a lease agreement dated October 20, 1994. The term of the lease
is for one year from October 20, 1994. The company has the option to
renew the one-year lease in future periods. The company has an option
during the term of this lease, with proper notice to purchase the property
from Mr. Walraven. The lease is a triple net lease with monthly lease
payments of$4,500 due on the first day of each month for the duration of
the lease.
3. The Company leases its Eastland, Texas, airplane hangar from Joe L.
Walraven, the President of the Company's general partner, under a lease
agreement dated May 20, 1994. The term of the lease is for one year
from May 20, 1994. The Company has the option to renew the one-year
lease in future periods. The Company has an option during the term of
this lease, with proper notice, to purchase the property from Mr. Walraven.
The lease is a triple net lease with monthly lease payments of$1,500 due
on the first day of each month for the duration of the lease.
4. On October 1, 2001, the Company purchased the lease equipment from
Eagle Holding Company for$1,960,607. At May 31, 2003, the balance of
the note payable was $50,426. The note has no set repayment schedule
or interest rate and it is unsecured.
At May 31, Holding owes the Company $19,000 for expenses paid by the
Company on behalf of Holding.
11
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
May 31, 20D3
NOTE J: RELATED PARTY TRANSACTIONS (CONTINUED)
5. Effective January 1, 2002, the Company sold its ownership in Eagle
Railcar Services, L.P. to Joe L. Walraven Family Partnership, Ltd. and
Marc W. Walraven. The purchase price was $2,474,496, the note
payable amount due to Eastland National Bank. The Company is canying
a note from the purchasers in an amount and terms equal to the note
payable to the bank for the purchase of the railcar assets. The amount
due from the purchasers at May 31, 2003 was $2,113,919.
The Company owes Railcar $9,770 for expenses paid by Railcar on
behalf of the Company.
Railcar owes the Company$107,082 for expenses paid by the Company
on behalf of Railcar.
6. In 2002, the Company began renting equipment on an as needed basis
from Fleet Equipment Leasing, L.P. The Company will lend Fleet
Equipment Leasing, L.P. the money to purchase equipment, and then
lease the equipment. At May 31, 2003, the balance of the Note
Receivable from Fleet Equipment Leasing, L.P. to Eagle Construction and
Environmental Services, L.P. was $42,500. The rentals incurred in 2003
total $9,236.
7. On June 1, 2003, Jennifer Walraven started Denali Services, L.P. At May
31,2003, the Company had loaned Denali Services, L.P. $1,050 for start
up costs. No other business has been transacted with Denali Services,
L.P.
NOTE K: OTHER LEASES
On May 15, 1999, the Company entered an agreement with Cessano Builders,
L.P. to lease office and warehouse spaces in Gonzales, LA. The lease was for
36 months at $3,500 per month. In May 2002, the Company renewed this lease
on a month to month basis at$3,500 permonth.
On May 5, 2002, the Company entered an agreement with Windsor Industrial
Park Associates Ltd., a New Jersey limited partnership, to lease office space in
Windsor, New Jersey. The lease was for 24 months at$6,412.50 per month. On
November 30, 2002, the Company terminated operations in New Jersey, but is
stili responsible for the lease.
The Company is currently attempting to sub-lease the New Jersey property.
12
EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
May 31, 2003
NOTE L: SIGNIFICANT CONCENTRATION OF CREDIT RISK
The Company has concentrated its risk for cash by maintaining deposits in
Eastland National Bank. The excess of the deposit liabilities reported by the bank
over the amounts covered by federal deposit insurance totaled $333,243 at May
31, 2003.
Credit risk for accounts receivable—trade is concentrated because the balances
are receivable from entities primarily located within the same geographic region of
Texas, Louisiana, Arkansas, and Oklahoma. Diversity among the entities can
mitigate the affect of the geographic concentration.
NOTE M: 401 W PLAN
In 1994, the Company began a 401(k) Plan so that eligible employees may
contribute a portion of the pretax income into a retirement fund. The Company
has made no election as to a contribution to the plan for 2003.
13
f
Amw,
SUPPLEMENTAL INFORMATION ""
oiw
PHILLIPS & COMPANY , L . L . P .
Certified Public Accountants
Edgar A- Phillips, CPA Phone (915)677-7991
Charles F. Egger,CPA ToU Free (800)477-1848
David M. Smith,CPA Fax (91 S)677-7048
INDEPENDENT AUDITORS' REPORT
ON SUPPLEMENTAL INFORMATION
Partners
Eagle Construction & Environmental Services, L.P.
Eastland, Texas
Our report on our audit of the basic financial statements of Eagle Construction & Environmental
Services, L.P., for the five months ended May 31, 2003 appears on page 1. That audit was
conducted for the purpose of forming an opinion on the basic financial statements taken as a whole.
The supplemental information presented hereinafter is presented for purposes of additional analysis
and is not a required part of the basic financial statements. Such information has been subjected to
the audit procedures applied in the audit of the basic financial statements taken as a whole.
This report is intended solely for the information of the partners, and is not intended to be and should
not be used by anyone other than the specified parties.
t
Company,
Phillips& LLP
June 20, 2003
500 Chestnut Suite 901 ■ Abilene,TX 79602
Mallin j Addrax P.O. Box 3034 ■ Abilene,TX 79604
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2.11 VENDOR'S COMPI LANCETO STATE LAW
The following information is required by the City of Fort Worthin order to comply with provisions
of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision
Contracts for Construction, Supplies, Services; Bids by Nonresident.
Every bidder shall affirmatively state its principal place of business in its response to a bid
invitation. Failure to provide the required information shall result in your bid being declared non-
responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids
by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in
duplicate,with its bid, the Statement of Residency Form but in any event the low bidder shall
submit this information within five (5) business days after the date of receipt of notification of
apparent low bidder status from the Purchasing Division of the Finance Department. Failure
to provide all required information within this designated period shall result in the apparent low
bidder being considered non-responsive, and the second low bidder being considered for award.
TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "resident bidder" as a bidder
whose principal place of business* is in the state of Texas, including a contractor whose ultimate
parent company or majority owner has its principal place of business in the state of Texas.
TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident bidder" as a bidder who
is not a resident. EAGLE CONSTRUCTION AND
Bidder's complete company name: ENVIRONMENTAL SERVICES, L.P.
State your business address in the space provided below if you are a Texas Resident bidder:
9701 East I-20; P. 0. Box 872; Eastland, Texas 76448
State your business address in the space provided below if you are a Nonresident bidder:
*The State Purchasing and General Services Commission defines Principal Place of
Business as follows:
Principal Place of Business in Texas means, for any type of business entity recognized in the
State of Texas, that the business entity:
Has at least one permanent office located within the State of Texas, from which
business activities other than submitting bids to governmental agencies are conducted
and from which the bid is submitted, and
' Has at least one employee who works in the Texas office
Form prepared by.
WOW' '- --wipe President of the G.P.
(Name) (Title)
Date: March 17, 2004
DEM04-04:FS R
MARCH 4, 2004 2-32
Opp,,
2.12 INSURANCE CERTIFICATES
2.12.1 FOR PURPOSES OF THIS REQUEST FOR PROPOSAL, PLEASE ATTACH A COPY
OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOWING THIS PAGE
AND BOUND WITHIN THE PROPOSAL PACKAGE.
2.12.2 The successful Provider will be required by the contract to have insurance coverage as
detailed below. Prior to commencing work, the Provider shall deliver to Fort Worth
certificates documenting this coverage. The City may elect to have the Provider submit
its entire policy for inspection.
"A Commercial General Liability Insurance.
$1,000,000 each occurrence
$2,000,000 aggregate limit
Coverage shall include but not be limited to the following: premises operations,
independent contractors, products/completed operations, personal injury, and contractual
liability. Insurance shall be provided on an occurrence basis, and be as comprehensive
as the current Insurance Services Office (ISO) policy. Sudden pollution coverage may
not be excluded by endorsement. All endorsed exclusions are subject to review of the
City in order to determine if the exclusions are acceptable.
'B. Professional Liability Insurance: $
$1,000,000 each ocurrence.
"C. Automobile Liability Insurance—
a) Coverage on vehicles involved in the work performed under this contract:
? ? $1,000,000 per accident on a combined single limit basis
or:
? ? $500,000 Bodily injury/person
? ? $250,000 Property damage
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned.
b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000
Bodily Injury each accident; $15,000 Property Damage each accident.
"D. Worker's Compensation—
a) Statutory limits for Worker's Compensation plus
b) employer's liability at a minimum:
? ? $100,000 each accident/occurrence;
? ? $100,000 disease- each employee; and
? ? $ 500,000 disease- policy limit.
This coverage may be written as follows:
DEM04-04:ES R
MARCH 4, 2004 2-33
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of$100,000
each accidenttoccurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee.
"E. Environmental Impairment Liability(FIL,), and/or Pollution Liability -$2,000,000 per
occurrence. EIL coverage(s) must be included in policies listed in items A and B
above; or, such insurance shall be provided under separate policy(s). Liability for
damage occurring while loading, unloading and transporting materials collected
under the contract project shall be included under the Automobile Liability
insurance or other policy(s).
"F. The following shall pertain to all applicable policies of insurance listed above:
"1. Each insurance policy required by this Contract, except for Workers
Compensation insurance and professional liability insurance policies shall
be endorsed to include that the City of Fort Worth, its officers, agents,
employees, representatives, and volunteers as additional insured as
respects operations and activities of, or on behalf of the named insured,
performed under contract with the City of Fort Worth.
"2. Subcontractors shall be covered under the Provider's insurance policies
or they shall provide their own insurance coverage; and, in the latter case,
documentation of coverage shall be submitted to the Provider prior to the
commencement of work and the Provider shall deliver such to the City.
"3. Prior to commencing work under the contract, the Provider shall deliver to
the City of Fort Worth insurance certificate(s) documenting the insurance
required and terms and clauses required.
"4. Each insurance policy required by this contract shall contain the following
clause or reasonably equivalent terms:
" This insurance shall not be canceled, limited in scope or coverage, or
non-renewed until after forty-five (45) days prior written notice has
been given to the Director of Environmental Management. City of Fort
Worth, 1000 Throckmorton, Fort Worth, TX 76102-6311."
"5. The insurers for all policies must be licensed/approved to do business in the
State of Texas. Except for workers' compensation, all insurers must have
a minimum rating of A VII in the current A M. Best Key Rating Guide or
have reasonably equivalent financial strength and solvency to the
satisfaction of Risk Management. If the rating is below that required,
written approval of Risk Management is required.
DEM04-04:FSR
MARCH 4, 2004 2-34
Oob�
"6. The deductible or self-insured retention (SIR) affecting required insurance
coverage shall be acceptable to and approved in writing by the Risk
Manager of the City of Fort Worth in regards to asset value and
stockholders' equity. In lieu of traditional insurance, alternative coverage
maintained through insurance pools or risk retention groups, must also
approved by the City's Risk Manager.
7. Wavier of rights of recovery(subrogation) shall be in favor of the City of Fort
Worth.
"8. Such insurance policies shall be primary, without right of contribution and
not subject to any offset by any other insurance carried by the City or the
Contractor.
"9. If insurance policies are not written for specified coverage limits, an Umbrella
or Excess Liability insurance for any differences is required. Excess
Liability shall follow form of the primary coverage.
1110. "Unless otherwise stated, all required insurance shall be written on the
"occurrence basis"". If coverage is underwritten on a claims-made basis,
the retroactive date shall be coincident with or prior to the date of the
contractual agreement and the certificate of insurance shall state that the
001b. coverage is claims-made and the retroactive date. The insurance
coverage shall be maintained for the duration of the contractual agreement
and for five (5) years following completion of the service provided under
the contractual agreement or for the warranty period, whichever is longer.
An annual certificate of insurance submitted to the City shall evidence
such insurance coverage.
11. The City, at its sole discretion, reserves the right to review the insurance
requirements and to make reasonable adjustments to insurance coverages
and their limits when deemed necessary and prudent by the City based
upon changes in statutory law, court decision or the claims history of the
industry as well as of the contracting party to the City of Fort Worth. In the
event the City requires the insurance limits to be increased or changes in
policy categories or types of coverage, the City shall provide written notice
to the contracting party. The contracting party will have ninety days from
the date of notice to comply with the additional requirements.
12. The City shall be entitled, upon request and without expense, to receive
copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modifications of particular
policy terms, conditions, limitations, or exclusions except where policy
provisions are established by law or regulations binding upon either of party
or the underwriter on any such policies.
DEM04-04:ES R
MARCH 4, 2004 2-35
03/17/2004 15:46 2546291165 KRP AGENCY PAGE 02/02
ACORD CERTIFICATE OF LIABILITY INSURANCEo3n �M
PRODUCER K linneird Rownder&Pezry,Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON TkE CERTIFICA7'
104 N.Lamar HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND !
P.O.Box 351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO...
Eastla>,d TX 76448 INSURERS AFFORDING COVERAGE
INSURED EAGLE CONSTRUCTION AND ENVIRONMENTAL INSURER A7 ZURICH AMERICAN INS CO
SERVICES,ILP INSu ER e:
9701 E.1-20 INSURER C: STEADFAST INSURANCE CO
EASTLAND 1'X 76448 INSURER D'
INSURER E:
COVERAGES
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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IiSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION umrm
GENERALLIASfIJTY GLO9273191-02 02/28/2003 03/23/2004 EACH OCCURRENCE s 1,000,000.
X COMMERCIAL GENERAL LIABILITY FIRE DAMA one firel 1 100.000,
CLAIMS MADE I X I OCCUIE MED EXP(Piny ale rear s 5,000
PERSONAL 8 ADV INJURY 1,000,000
GENERAL AGGREGATE s 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 2,000,000
X POLICY LOC I
A AUTOMOBILE LL4BILM TAP92731093-02 TEXAS 02/28/2003 03/23/2004 COMBINED SINGLE LIMIT
X ANY AUTO (Em ecGaern) 1 1,000,000
ALL OWNED AUTOS BAP9278178-02 OUT OF TX
90DILY INJURY E
SCHEDULED AUTOS (Per Pereatl)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Par aoMenl) S
X MCS-90 PROPERTY DAMAGE s
(Per aGddent)
GARAGE LIABILITY AUTO ONLY.EA ACCIDENT
ANY AUTO I OTHER THAN EA ACC $
AUTO ONLY: A $
EXCESS LIABILITY SUO 9273199 00 02,128!200303/2362004 EACH OCCURRENCE 5 41000,000.
X :F_NT"
UR U CLAIMS MADE AGGREGATE s 4,000,000.1
] i
UCTIBLE s
Xw 10,000.
WORKERS COMPENSATION AND WC STATU i EMPLOYERS'LIABILITY
I E.L EACH ACCIDENT 1
E.L DISEASE-(;A EMPLOYEE $
E.L.DI -POLICY LIMIT P I
OTHER
C ProfessionaUPollution PEC 3746034-02 02/28/2003 03/23/2004 5,000,000I�,000,000
i
DEBCRIPTTON OF OPERATIONS!LOCATIONS/VFOiICLESIEJ(CLUSION5 ADDED BY ENDORSEMENTISPECIAL PROVISIONS
CITY OP FT WORTH,ITS OFFICERS,AGENTS;EMPLOYEES,REP'S&VOLUNTEERS ARE
ADDITIONAL INSUREDS AS RESPECTS OPERATIONS& ANDACTI=S OF OR ON BEHALF OF THE NAMED
INSURED,PERFORMED UNDER CONTRACT WITH TIM CITY OF FT WORTH,
THE NAMED INSURED,PERFORMED UNDER CON-jaACf WIT$THE CTT'Y OF PIT WORTII,
CERTIFICATE HOLDER ADDITIONALINSURED!INSURER TIER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIE6 BE CAMMLLED BEFORE THE EXPIRATION
CITY OF FT WORTH THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DOTS MIR(T'TEN
DPT OF ENVIRONMENTAL MGE AD NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO GO BHA
1000 TIIROCKMOkRTON IMPOSE NO OCLIOATION OR LIA61LrrY OF ANY IONb L(PPN THEWSURER,R9 AGENTS O,,
REPRESENTAn ES.
FT WORTH TX 76102-6311 AUTHOrtt=D REPRESENTATIVE
ACORD 2"(7/97) WP CORD CORPORATION 1908
03/17/2004 15:46 2546291165 KRP AGENC' PAGE 02/02
ACORD CERTIFICATE OF LIABILITY INSURANCE 0317/2004
PRODUCER i=ai.d,Rossander&Feu,,Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
104 N.Lamar HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O.BOX 351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Eastland TX 76448 INSURERS AFFORDING COVERAGE
INSURED EAGLE CONSTRUCTION AND ENVIRONMENTAL INSURER A: ZURICH AMERICAN INS CO
SERVICES,LP INSU ER B:
9701 E.1-20 INSURER C: STEADFAST INSURANCE CO
EASTLAND 'T'X 76448 INSURER D
INSURER E:
COVERAGES
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 LS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LtM
oFJWERAL LIAwuw GL09273191-02 02/28/2003 03/23/2004 EACH OCCURRENCE t 1,000,000.
COMMERCIAL GENERAL LIABILITY FIREDAMA pn onefae t 100.000.
CLAIMS MADE XX OCCUR MED EXP one awn t 5,000
PERSONAL&ADV INJURY 1 1,000,000
GENERALAGGREGATE t 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 2,000,000
POLICY F7 PRO. LOC
A AUTOMOBILE LIABILITY TAP92731093-02 TEXAS 02/28/2003 03/23/2004 COMBINED SINGLE LIMIT
X ANY AUTO (Ba accloen) $ 1,000,000
ALL OWNED AUTOS BA1a9278178-02 OUT OF TX
BODILY INJURY E
SCHEDULED AUTOS (p-DO—)
HIRED AUTOS
X BODILY"JURY
NON-O WNED AUTOS (Per ewcldeNI)
X MCS-90
PROPERTY DAMAGE t
(Per ecddent)
GARAOF LJABIUTY AUTO ONLY.EA ACCIDENT
ANY AUTO
OTHER T14AI'1 EA ACC t
AUTO ONLY: AGG t
EXCESS LIABILITY SUO 9273199 00 02/28/2003 03/23/2004 EACH OCCURRENCE 5 4,000,000.
X OCCUR 7 CLAIMS MADE GGREGATE t 4000,000-
S
DEDUCTIBLE t
X ENTION 110,000,
WORKERS COMPENSATION AND INC STATU OTH-
EMPLOYERT LIABILITY
E.L.EACH ACCIDENT
E.L.DISEASE-EA EMPLOYE S
OTHER E.L.DIS -POLICY LlMff_j t
C Professional/Pollution PEC 3746034-02 02/28/2003 03/23/2004 5,000,000/5,000,000
DESCRIPTION OF OPERATIONSILOCATiONWAMICLESIEXCLUSION6 ADDED BY ENDORSEMENTISPECWL PROVI&ONS
CITY OF FT WORTH,ITS OFFICERS,AGENTS,EMPLOYEES,REP'S&VOLUNTEERS ARE
ADDMONAL INSUREDS AS RESPECTS OPERATIONS& ANDACTIVIIIBS OF OR ON BEHALF OF THE NAMED
INSURED,PERFORMED UNDER CONTRACT WITH THE CITY OF FT WORTH,
THE NAMED INSURED,PERFORMW UNDER CONTRACT WITH THE CITY OF FT WORTH.
CERTIFICATE HOLDER ADDITIONALINSURED:INSURER LETTER, CANCELLATION
SHOULD ANY OF THE ABOVE O W M13ED POUC196 BE CANMU=BEFORE THE EXPIRATION
CITY OF FT WORTH DATE THEREOF,THE IWUING INSUF&K WILL ENDEAvolt TO MAIL 45 DAYS WRITTEN
/ APT OF ENVIRONMENTAL MGE AD NOTICE TD THE CERTIFICATE HOLMR NAMED TO THE LEFT,BUT FAILURE To DC)$0 SHALLMIN i
A 1000 AIJUROCKMORTON IMPOSE NO OOL10ATION OR LUUMLITY OF ANY N7Nb UPON THE INSURER, ITS AGENTS OR
1 FT WORTH TX 76102-6311 REPRESrNrAnyEL
AUYHOgi=REPRESENTATIVE
ACORD 26$(7/97) CORD CORPORATION 1988
DATE(MM/DD/YY)
ACO D ><>>. .:.: ;: > ::>:::.>
,:; ;. `..
112 12 0 04PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Allied N. America Corp. f TX ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12770 Coit Road, Suite 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
las, TX 75251 COMPANIES AFFORDING COVERAGE
2) 455-1400 F: (972) 387-8837 COMPANY
- A American Home Assurance
INSURED "-_•-- - — �.:' •�
COMPANY
EAGLE CONSTRUCTION AND B
ENVIRONMENTAL SERVICES, LP COMPANY
9701 E. I-20 C
EASTLAND, TX 76448 COMPANY
D
THISTP::,.:.:;..,.... ............. ..... L;..�;;HAVE:.:;::;•:;.N:::;:;.:;:<• :.T:.::.:: :-:;.;:•;NAM;::•;:.:ED ABO V:;:.:: .. ........................ ....................
IS O CERTIFYTHAT THE OLICIES OF INSURANCE LISTED BE O BEEN ISSUEDO THE INSURED E 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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MWDD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE S
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S
CLAIMS MADE —1 OCCUR PERSONAL 6 ADV INJURY S
OWNERS 6 CONTRACTORS PROT EACH OCCURRENCE S
FIRE DAMAGE(Any one fire) S
MED EXP(Any one person) S
A AUTOMOBILE LIABR7TY 8261658-TX/8261659-OIS 03/12/0 4 03/12/05
COMBINED SINGLE LIMIT $1,000,000
y-IANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) S
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
TTH-
A WORKERS COMPENSATION AND 6436276 03/12/04 03/12/05 TORYWCSTLIAMIU- OR
EMPLOYERS' LIABILITY
EL EACH ACCIDENT $
THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $
PAATNERSfEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONSILOCATKTNSNEHK LES/SPECIAL REMS
POLICY INCLUDES WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER.
............... TEi
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FORT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
TRCHASING DEPARTMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
THROCKMORTON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIL
F0r,T WORTH TX 76102 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORG'ED REPRESENT
........................... .......
......
.......
......::...............................:...::.............::.....:.:.:..:.:::::................. .
f ....... ............................ ............. ...
Q/�
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:.:<: :.;:.; . .:::.:: :: ..::.::::::::.::::::::::::::.::.::.::::::::::::::::::::::::::.::::::::.:........:.....:.::.::...::.:03
12 2
PRODUCER THIS CERTIFICATE IS ISSUED AS A•MATTER OF INFORMATION
Allied N. America f Tx ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Corp.rP• HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12770 Coit Road, Shite 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
las, TX 75251 COMPANIES AFFORDING COVERAGE
2) 455-1400 F: (972) 387-8837 COMPANY
A American Home Assurance
INSURED COMPANY
EAGLE
EAGLE CONSTRUCTION AND B
ENVIRONMENTAL SERVICES, LP COMPANY
9701 E. I-20 C
EAS TLAND, TX 76448 COMPANY
D
tE3A
..............
................
.".:•..•.
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.
COT'1(pE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MWDDNY)
GENERAL LIABILITY GENERAL AGGREGATE S
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S
CLAIMS MADE OCCUR PERSONAL 6 ADV INJURY S
OWNERS 6 CONTRACTORS PROT EACH OCCURRENCE $
FIRE DAMAGE(Any one fire) $
MED EXP(Any one person) $
A AUTOMOBILE LIABILITY 8261658-=8261659-0/S 03/12/04 03/12/0 5 COMBINED SINGLE LIMIT 51,000,000
ANY AUTO
ALL OWNED AUTOS BODILY KIURY
SCHEDULED AUTOS (Per person) S
HIRED AUTOS BODILY INJURY S
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
A WORKERS COMPENSATION AND 6436278 03/12/04 03/12/05 MAW ..:.._..... .. "
EMPLOYERS'LIABWTY
EL EACH ACCIDENT $
THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $
PARTNERSIEXECUTIVE
OFFICERS ARE IXCL
EL DISEASE-EA EMPLOYEE S
OTHER
DESCRIPTION OF OPERATIONSR-OCATn)NS%Mi CLESrSPEC1AL REMS
POLICY INCLUDES WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER.
R17F#CA�E 1101»D1� fiAi�IC ,LitTft?#�i:::::..::::::.:::.::.:.::::::.::::..::::..
.........................::...:..:;::.>:;:.:;<;:.;;,:?:.:;-;?;:.:...::.::.:::............::.::::::::..:::::....:...........�..........:.........:.:._:._:......::::::.....::::.::::::.:::::::._:::::::.:.;.?:.;:.;:.;:..::::?;:-;::>;;:::<::<:>;:::=:•;:»;:.:::
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FORT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
(ORCHASING, DEPARTMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
1 THROCKMORTON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Fo xT WORTH TX 76102 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
:::w..,•r.,:.;{;;-ti.•.,,.y�. •r: :.,r:.:+•cc:a%{::c ,.a•fi•.• //.�•wt?::=:;:iw-+:;•:5:.:v+:•.•{.;.':'^?'a-:.•?h+:•+:.•:N} n• UTHOR® REPRESENTA
A E
.hv .....:..•.+ vv .:. 4..{ n.v.•4•:v?::v::.fi:.: x•:'.v h-h:.'N'v ....v...{rx GP'fii :4}:.h.:::A':K.•:•Y{+: ..:....... .�:
2.13 PROVIDER'S LICENSES & CERTIFICATES
Provider shall procure all permits and licenses, pay all charges, costs, and fees, and give
all notices necessary and incident to the due and lawful prosecution of the work.
Provider must provide a copy of the appropriate certifications, registrations, and licenses
and related certificates (including Subcontractors) with their submittal.
Provider should include copies of the Company licenses and certificates from EPA,
DOT, TCEQ, etc. and provide copies of individual licenses and certificates upon request
from the City.
ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES
FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE
DEM04-04:ES R
MARCH 4, 2004 2-36
LICENSING
Eagle is a licensed UST Contractor, Hazardous Waste Transporter, and an LPST Corrective Action
Specialist. Eagle is qualified to perform work in Texas, Arkansas, Oklahoma,-New Mexico,
Louisiana, Ohio and New Jersey, Michigan,Maryland and Pennsylvania. Some of the licenses held
by Eagle are as follows.- -
TEXAS: U.S. Coast Guard OSRO Certification No. 0085
TCEQ UST Contractor No. CRP000209 Exp. 04/30/05
TCEQ Sludge Transport No. 21700 Exp. 08/31/05
TCEQ Used Oil Filter Registration No. A85790 Exp. 12/31/05
TDH Asbestos Transport No. 40-0109 Exp. 12/10/04
TCEQ Reg. No. 41981 No Exp. Date
USDOT Reg. No. 062303 008 014LM Exp. 06/30/05
USDOT 434064 No Exp. Date
TXDOT ICC No. 239584 Exp. 12/31/04
RRC Reg. No. 0000038207 No. Exp. Date
LPST CAS No. RCAS00088 Exp. 01/11/05
EPA No. TXD987983715 No. Exp. Date
Texas Control Substances Registration Exp. 03/31/04
Trademark Certificate of Registration 03/13/07
NEW MEXICO: Contractor License No. 84969 Exp.03/15/04
ICC Permit No. MC-239584 No Exp. Date
LOUISIANA: Contractor License No. 33497 Exp. 12/31/04
Collector/Transporter No. T-129-3605 No Exp. Date
DOT Permit No. 29514 No Exp. Date
OKLAHOMA: Hazardous Waste Transporter Exp. 02/01/03
Uniform Program No. UPM4340640K
ARKANSAS: Contractor License No. 0007490404 Exp. 04/30/04
Hazardous Waste Transportation Permit Exp. 05/09/04
Permit No. H-123 0
OHIO: Foreign Limited Partnership No Exp. Date
Registration No. 200211502560
NEW JERSEY: Contractor Certification No. 0115528 No Exp. Date
Taxpayer ID No. 742-366-144/000 No Exp. Date
MICHIGAN: Registration to Transact Business No Exp. Date
D
/Ct,TEO�. �0EPM
Robert J.Huston,Chairman �� ��
R.B."Ralph"Marquez,Commissioner ( a
Kathleen Hartnett White,Commissioner
Margaret Hoffman,Executive Director i
TEXAS COMMISSION ON ENVIRONMENTAL QU
Protecting Texas by Reducing and Preventing Pollution
March 14, 2003
MR JOE L WALRAVEN
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LP
PO BOX 872
EASTLAND TX 76448
Re: Renewal of Underground Storage Tank (UST) Contractor Registration for EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES LP. Registration No.: CRP000209; Approved as of March 14, 2003
DEAR MR WALRAVEN:
You have completed your renewal process with the Texas Commission on Environmental Quality (TCEQ) for EAGLE
CONSTRUCTION AND ENVIRONMENTAL SERVICES LP as a Registered Underground Storage Tank Contractor.
Please note that you will only receive this renewal approval letter and your last certificate will be valid so long as that
certificate is not revoked and is renewed according to law. Your renewal of the certificate of registration allows
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LP to continue to engage in the installation, repair, and
removal of underground storage tank systems in Texas. The Certificate .of Registration will explre on April 30,
?005. A renewal application will be mailed to you at least 60 days prior to the expiration. Any change of information j
.o the registered contractor application during the validated registration year should be submitted in writing to the
Executive Director of the TCEQ within ten days after the month in which the change occurs. The registered
contractor is required to prominently display the above referenced contractor registration number on all bids,
proposals, offers, and installation drawings.
Please note that a registered UST contractor must have a licensed UST on-site supervisor at the site at all times
during the critical stages of an UST installation, repair, or removal project. There are two types of licenses, A for
installations and repairs and B for removals.
If you have any questions, or wish to receive an application for license A& B please contact Wanda Kurio of the UST
Contractor Registration Program at (512) 239-2191.
Sincerely,
Wanda M. Kurio
Installer Licensing
Compliance Support Division
APUCRP000209
P.O.Box 13087 • Austin,Texas 78711-3087 • 512/239-1000 • Internet address:www.tceq.state.tx.us
p.inivd nn paper using io-haad in4
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
MW Municipal Solid Waste Registration Team
PO Boz 13087,MC-129,Austin,TX 78711-3087
ft
`� 512-239-6001, Option 1
Internet address: http://www.tceq.state.tx.us
ffi
h�zw
TCEG July 28, 2003
MARC W WALRAVEN 'U'L 3 1 20C
EAGLE CONST & ENVIRONMENTAL SER INC
PO BOX 872
EASTLAND TX 76448 L
Re: Renewal of Municipal Sludge and Similar Wastes Transporter Registration No. 21700
Dear Transporter:
Please note that a Sludge Transporter Registration is enclosed instead of a copy of the
submitted renewal application. This Registration reflects the most recent information received
by the Texas Commission on Environmental Quality (TCEQ) and should be reviewed for
accuracy. The registration number is required to appear on all tanks and containers used for the
collection and transportation of sewage and similar waste. Additionally, this number should be
used on all correspondence with the TCEQ.
Issuance of this registration renewal is not an acknowledgment by the TCEQ that your operation
is in full compliance with the rules and regulations of the TCEQ. The operation and management
methods of your business are subject to TCEQ inspection and review at all times. Failure to
comply with all state and federal rules and regulations regarding the transporting of sewage sludge
and similar waste may result in enforcement action and/or the revocation of your transporter
registration.
If you have additional questions or comments regarding your transporter registration, please
contact the Municipal Solid Waste (MSW) Registration Team at the address or the telephone
number shown above.
Municipal Solid Waste Registration Team
Registration & Reporting Section
Registration, Review & Reporting Division
Robert J.Huston,Chairman
R B,"Ralph-!Marquez,Commissioner —•5 ^-�^.fl
Kathleen Hartnett White,Com»tassfrmer
Margaret`Hoffman Executive Director
TExAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
July 08,2003
MARC WALRAVEN
EAGLE CONSTRUCTION&ENVIRONMENTAL SERVICES LP
PO BOX 872
EASTI.,a,ND'.TX 76448-0872
Re;Registration for Used Oil Filter Activities at: EAGLE CONSTRUCTION AND ENVIRONMENTAL SER
9701 INTERSTATE 20 E
EASTLAND,TX 76448-5615
TNRCC Registration No.A85790
REGISTRATION FOR THIS USED OIL FILTER HANDLER EXPIRES December 31,2005
Dear Registrant:
The Texas Commission on Environmental Quality(TCEQ) has received your"Registration for Used Oil
Filter Handier"form.Our records indicate that your application is administratively complete and you are
currently registered in the State of Texas as the foilowing:
TRANSPORTER
A copy of this reglstration must be retained at your designated place of business and if you are registered as a
transporter,in each vehicle used to transport the above mentioned.
Your assigned TCEQ Registration Number is A85790. Please contact the TCEQ office within 30 days,whenever'
* the office mailing address is changed;
the registered facility name has changed;
` there is a change in ownership;or
` it is determined that the operations or management methods are no longer adequately described in the
existing registration.
If you should have any questions,please feel free to contact the Municipal Solid Waste (MSW) Registration Team
at(512)239-6832 option 2.
Used Oil Recycling Program
Registration and Reporting Section
Registration, Review,and Reporting Division
cc;TCEQ Region 3-A3ILENE
P.O.Box 13087 • Austin,Texas 78711-3087 • 5IZ239-1000 • Internet address:www.tceqstate.tx.us
primed on agvied oyer cRr t n•5csW ink
IO'd Z0:6 20OZ I T 1 nt 01139-6.2z—zIS:X2j 'l�3 3151 1 0 1
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
SLUDGE TRANSPORTER REGISTRATION
Transporter Registration Number: 21700
7/24/2003
BUSINESS INFORMATION
Company Name: EAGLE CONST & ENVIRONMENTAL SER INC Last Update: 7/24/2003
Tax ID: 74 2366144 Expiration Date: 813112005
Charter Number: Status: Active
Business Type: Registered Since:
Texas County: Eastland Cancellation Date:
TCEQ Region: 3
Haul waste from TX
to another state? Y
Haul waster from
another state to TX? N
Physical Address: Contact Information:
9701 E IH 20 Contact Name: MR MARC W WALRAVEN
EASTLAND, TX 76448 Phone: 254-629-1718 Ext.
ailing Address: Fax: 254-629-8625
E-Mail:
PO BOX 872
EASTLAND, TX 76448
Sticker Numbers Issued: The stickers listed below will expire on 8/31/2005.
1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384
is is your registration which reflects the information submitted on your application to the Register or Renew as a Transporterof Muraicpal
ge(s)and Similar Wastes. Requirements for transportation are provided in accordance with 30 TAC Chapter 312. Issuance of this registration
A acknowledgement by the TCEQ that your operation is in full compliance with the rules and regulations of the TCEQ. Changes or additions
referred to this notice require written notification to the TCEQ. Please keep a copy of this registration in every vehicle transporting sludge and all
locations where business is being transacted under this registration.
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UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINIST BION
HAZARDOUS MATERIALS ?
CERTIFICATE OF REGISTRATION '( JAN 30
2003
faAhw C (� r;
411W FOR REGISTRATION YEAR 2003-2005
Registrant: EAGLE CONSTRUCTION & ENVIRONMENTAL SVCS
Attn: Marc W Walraven
PO Box 872
Eastland, TX 76448
This certifies that the registrant is registered with the U.S.Departrnent of Transportation as required by -
49 CFR Part 107, Subpart G.
This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this
document.
Reg. No: 062303 008 014LM Issued: 06/24/03 Expires: 06/30/05
Record keeping Requirements for the Registration Program
The following must be maintained at the principal place of business for a period of three years from the
date of issuance of this Certificate of Registration:
(1)A copy of the registration statement filed with RSPA;and
(2)This Certificate of Registration
Each person subject to the registration requirement must furnish that person's Certificate of Registration
(or a copy)and all other records and information pertaining to the information contained in the registration
statement to an authorized representative or special agent of the U.S.Department of Transportation upon
request.
Each motor carrier(private or for-hire) and each vessel operator subject to the registration requirement
must keep a copy of the current Certificate of Registration or another document bearing the registration
number identified as the 'U.S. DOT Hazmat Reg. No.' in each truck and truck tractor or vessel (trailers
and semi-trailers not included) used to transport hazardous materials subject to the registration
requirement. The Certificate of Registration or document bearing the registration number must be made
available,upon request,to enforcement personnel.
For information, contact the Hazardous Materials Registration Manager, DHM-60 Research and Special
Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW, Washington, DC
20590,telephone(202)366-4109.
+ US CiepWn-alt 400 Seventh St.. S.W.
r
of TmnspprtaWn Washington. O.C. 20590
Federal Highway
Administration
jkit unv -t> >an�
EAGLE CONSTRUCTION b ENVIRONMENTAL SERVICES, 817/629-1718
P.O. DOX 872
EAS'LAND. TEXAS 76440-0072
Dear Motor Carrier:
This letter is to notify you of your USOOT number and to draw your attention
to the requirement for Marking of Motor Vehicles in section 390.21 of the
Federal motor Carrier Safety Regulations. A copy of this regulation is
enclosed. Its primary purpose is to assist enforcement personnel in
properly identifying motor carriers, thereby assuring the submission of
accurate data to the Federal Highway Administration (FHWA) .
If you are operating as a private carrier of property in interstate commerce
or as an interstate carrier of migrant workers, this regulation requires you
to mark all of your "self-propelled motor vehicles" (generally straight
trucks and truck tractors) in accordance with the enclosed provision.
The following USDOT Identification Number is assigned to the carrier shown
above:
USDOT434064
This letter is being sent to every motor carrier recently added to FHWA
records. There has been no attempt to differentiate among private, migrant
worker, for-hire, or other types of carriers because many carriers conduct
operations in a combination of these classifications. If you have any
gjesticn about compliance . ith this requiremtnt, please contact the office
shown. below:
FHWA OFFICE OF MOTOR CARRIERS
826 FEDERAL BUILDING
300 EAST EIGHT STREET
AUSTIN, TEXAS 78701
512 / 482-5474
1 1
` Y,I.
T
For-hire motor carriers operating in interstate commerce under authority
issued by the Interstate Commerce Commission (ICC) are not subject to this
regulation, but are required to mark their vehicles under a similar
regulation issued and enforced by the ICC. The FHWA expects for-hire
interstate motor carriers subject to its safety jurisdiction to comply with
applicable ICC vehicle marking requirements. Motor carriers whose
operations are both for-hire and private or some other type of operation
(for example, a private carrier hauling its own products outbound from its
own facility and operating for-hire on the return movement) may fulfill the
vehicle marking requirements contained in section 390.21 by displaying their
ICC number at all times.
If you receive more than one of these letters referencing different USDOT
identification numbers, it is probably because of mergers, acquisitions or
reorganizations that have occurred but are not yet reflected in our records
or because divided record authority has been granted and separate numbers
were inadvertently issued. If you receive more than one letter you should
contact the FHWA Motor Carrier office shown above to determine which number
is most appropriate. When a determination has been made, please return the
other letters to the FHWA Motor Carrier office with a brief explanation as
to which number is being used. 1 10%,
If this letter is received at a location other than at your principal
office, for example a terminal or an area office, the letter should be
forwarded to your principal office. If there has been a change in your
motor carrier operation name or principal office address, please correct the
information at the top of this letter and return it to the FHWA Motor
Carrier office shown above (after noting your USDOT identification number) .
'Thank you for your cooperation in implementing this regulation.
Sincerely,
r
John F . Grimm
Director, Office of Motor Carrier
Information Management and Analysis
Enclosure
'jW Texas Department of Transportation
DEWITT C.GREER STATE HIGHMY BLDG.•125 E.11TH STREET•AUSTIN,TEXAS 78701-2483•(512)463-8565
CCT 1 21]`13
REGISTRATION RECEIPT - Truck
Effective: 01/01/2004 Expires: 12/31/2004
TX Dept. of Transportation Receipt No: TRM053469 (Initial Order)
Post Office Box 12984
Austin, TX 78711-2984
(800) 299-1700 This receipt authorizes this motor carrier
to operate in the following states:
In accordance with Public Law 104-88, *********,AR(00013) ,LA(00013) ,MO(00013) ,
this receipt (evidencing compliance OH(00013) ,OK(00013) ,TX(00013) , *********
with FHWA registration regulations)
must be carried in the vehicle cab and
may not be altered. Alteration will
result in confiscation and penalties.
ICC Nbr: 239584
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERI
9701 E. I-20
EASTLAND, TX 76448
Form RS-3
Mail to:
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P.
P.O. BOX 872
EASTLAND, TX 76448
An Equal OODoriunity Emn/over
. i
HIA RAILROAD COMMISSION OF TEXAS
TRANSPORTATION/GAS UTILITIES DIVISION
CERTIFICATE OF REGISTRATION
Certificate of yr_a� _ •- .�•
__= Date Issued: 06/26%95... ,
Registration No: 0000038207
Having fulfilled the .application requirements .of the Railroad
Commission of Texas - ( $'Commission•") relating;to,. the registration•.of'
commercial motor vehicles;' this:Certificate; of Registration is
hereby granted to. ;.,,;:
, j
EAGLE CONSTRUCTION & _.ENVIRON. • SERV. ;INC,=
P.O. BOX 872 _-
EASTLAND TX 76448
This Certificate of Registration authorizes the Commission 's _Z:
-issuance of cab cards to each commercial, motor vehicle registered s
with the Commission. This registration is not applicable to the
transportation of household goods by a "motor carrier" as defined
in the Texas Motor Carrier Act.
This Certificate of Registration is not transferrable.
-t
VOID IF ALTERED '
-=%j.'
• w
Robert J.Huston,Chairman /�� E 0" ,
R. B.'Ralph"Marquez,Commissioner
�/► Kathleen Hartnett White,Commissioner
Jeffrey A.Saitas,Executive Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reducing and&enenineg r"uifiirG72
December 10, 2002 n
�I T
U .Ul j"i
MR. MARC W. WALRAVEN
EAGLE CONSTRUCTION AND ENV. SERVICES, L.P.
P.O. BOX 872
EASTLAND TX 76448
Re: Renewal of Registration as an LPST Corrective Action Specialist for EAGLE CONSTRUCTION AND ENV.
SERVICES, L.P.; Registration No.: RCAS00088; Renewed as of December 10, 2002.
DEAR MR. WALRAVEN:
We are pleased to inform you that you have met all the requirements necessary for renewing your registration as
an LPST Corrective Action Specialist. Please note that you will only receive this renewal approval letter, and
r your last certificate will be valid so long as the certificate is not revoked and is renewed according to law.
The Certificate of Registration will expire on January 11, 2005. The registered Corrective Action Specialist is
required to prominently display the above referenced RCAS registration number on all bids, proposals, and
offers pertaining to LPST corrective action services.
A renewal application will be mailed to you at least 60 days prior to the expiration date. An application for
renewal and all required additional information must be submitted to the Executive Director at least 30 days prior
to the expiration date printed on this letter. Any relevant change of information to the registrant (e.g. change of
employer, change of mailing address, etc.) during the validated registration period shall be submitted in writing
to the Executive Director of the Texas Natural Resource Conservation Commission within 10 days after the
month in which the change occurs.
If you have any questions, please contact Yalonda Dover, Corrective Action Registration Program, at (512)
239-2192.
Sincerely,
Yalo a Dover
Op ator Certification Section
Compliance Support Division
su blllonns�pms-i nlo\mN2nd-approval
P.O. Box 13087 • Austin, Texas 78711-3087 • 512.1239-1000 • Internet address:www.tnrcc.state.tx.us
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2.14 PROMER'S LEGAL AND Cn PfV LIANGE HISTORY
Provider's legal and compliance history is a critical component of this Request For Proposal.
Read this section with care and respond accordingly. Failure of the Provider to provide all the
information requested and to certify the report, will result in the Provider's submittal being
declared non-res pons ive.
Provider shall attach a written report of legal action brought against:
* Provider:
* Provider's officers;
* Provider's employees;AU12
* Provider's proposed subcontractors
relating_to the protection of the environment. The report shall include all legal action brought
within five (5) years of the closing date of this Request for Proposal The report shall detail
the substance, status, and outcome of such legal action. This includes without limitation the
names of the agency and/or persons bringing the action, all relevant dates, and all fines,
judgments, and/or settlements. Include the following information for each case at a minimum:
* Style of Case(X vs. Y) * Settlement Information (as appropriate)
* Cause Number * Names/Addresses of all parties named
* Court * Counsel List and phone numbers -,
* Date of Disposition * Judgement and Order of Judgement
"LEGAL ACTION' means: ANY enforcement action by the United States Environmental
Protection Agency, the Occupational Safety and Health Administration, any other federal agency,
the Texas Commission on Environmental Quality (formerly TNRCC; including its predecessor
agencies the Texas Water Commission and the Texas Air Control Board), the Texas
Department of Health, and any other state agency, commission or department,whether in Texas
or elsewhere, as a result of violations, real or alleged, of any laws, licenses, permits, judicial
orders, or administrative orders, relating to the per] of the environment. In this context,
enforcement action shall include without limitation,written warnings, notices of violation, consent
orders or agreements, compliance orders, administrative hearings, and criminal prosecution.
Legal action also means any civil litigation brought by any person relating to the protection of the
environment.
"RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining
to the manufacture, processing, distribution, use, handling, storage, transportation, reporting,
records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or
threatened release of:
(a) Hazardous materials, hazardous substances, hazardous wastes, toxic substances,
petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the:
(1) Air, surface water, drinking water, groundwater, storm water, publicly owned
treatment works,or land.
DEM04-04:ES R
MARCH 4, 2004 2-37
000,
THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the
Provider, using the form on the following page. The top portion of the form is to be
completed if a report is attached. The bottom portion of the form is to be completed if
Provider has no legal actions to report.
An authorized representative of the Provider shall mean (1) if the Provider is a corporation: the
president, secretary, or treasurer, or a vice president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision-making functions
for the corporation; (2) if the Provider is a partnership, a general partner; and (3) if the Provider is
a sole proprietorship, the sole proprietor.
INCLUDE A COPY OF THE REPORT FOLLOWING THE CERTIFICATION PAGE
BOUND WITHIN THE PROPOSAL PACKAGE
40011,
000,
DEM04-04:ESR
MARCH 4, 2004 2-38
Certification of Provider's Legal and Compliance History
Complete ONE of the Fallowing Certifications:
Certification of Legal Action Report
I certify under penalty of law that the attached report of Provider's, Provider's officers,
Provider's employees, and Provider's proposed subcontractors Legal and Compliance
History was prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
PROVIDER:
BY:
Company Name (print or type name of signatory)
(signature) Title (print or type)
Date
Certification of No Legal Action
I certify under penalty of law that the legal and compliance history of Provider, Provider's
officers, Provider's employees, and Provider's proposed subcontractors was researched
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, I hereby certify that no legal action relating to
the protection of the environment was brought against Provider, Provider's officers,
Provider's employees, or Provider's proposed subcontractors within the preceding five
years. To the best of my knowledge and belief, this statement is true, accurate, and
complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
PROVIDER:
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P. BY: Marc W. Walraven
Company Na (print or type name of signatory)
-'' Vice President of the G.P.
(signature) Title(print or type)
March 17, 2004
Date
DEM04-04:ES R
MARCH 4, 2004 2-39
000"-
2.15 HEALTH & SAFETY PROGRAM MANUALS
Each Provider should submit a copy of their Corporate Health and Safety Program Manual
and a copy of their proposed Health and Safety Plan for this project.
INCLUDE A COPY OF THE PROPOSED HEALTH & SAFETY PLAN FOR THIS PROJECT
FOLLOWING THIS PAGE, BOUND WITHIN THE PROPOSAL PACKAGE.
INCLUDE A COPY OF THE CORPORATE HEALTH & SAFETY PROGRAM MANUAL
BOUND SEPARATELY BUT MAILED WITHIN THE SAME ENVELOPE.
DEM04-04:ES R
MARCH 4, 2004 2-40
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/10/2004
DATE: Tuesday, August 10, 2004
LOG NAME: 52EMERSPILLRESP REFERENCE NO.: **C-20202
SUBJECT:
Approval of Contracts to Provide Emergency Spill Response Services for the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into contracts with Eagle
Construction and Environmental Services, L.P. and Protect Environmental Services, Inc. for emergency
spill response services. These contracts will be for the period September 1, 2004, through August 31,
2005, with the option to renew for two additional one-year periods. The not to exceed amount for each
contract is $25,000.00 per year.
DISCUSSION:
The City of Fort Worth has used environmental services contracts since 1994 for emergency spill
response. These contractors are called out on an "as needed" basis for emergency spill response at all
facilities and locations in and under the control of the City of Fort Worth, and in those instances where the
health and welfare of the general public could be affected.
A request for proposal was advertised on March 8 and March 15, 2004. Four responses were received on
March 25, 2004. The proposals received were evaluated based on a pre-determined combination of
qualitative and quantitative (point) measures. These measures included, but were not limited to, evaluation
of such factors as experience, qualifications, cost, and technology methods. The unit prices to be paid
under these contracts have been reviewed by staff and deemed reasonable.
The cost of the emergency spill response will be based on the fee schedule included in the proposal. Total
expenditures under both agreements will not exceed $50,000.00 per year. Neither vendor is guaranteed
any work under the terms of these agreements.
These contracts will be for the period beginning September 1, 2004 and ending August 31, 2005, with the
option to renew for two additional one-year periods. Renewal options do not require specific City Council
approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations
during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, and the proposed FY
2004-05 operating budget, as appropriated, of the Environmental Management Fund.
Logname: 52EMERSPILLRESP Page 1 of-2
1
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 539410 0524102 $50,000.00
Submitted for City Manager's Office by: Charles Boswell (6183)
Originating Department Head_ Brian Boerner (6647)
Additional Information Contact: Brian Boerner (6647)
Logname: 52EMERSPILLRESP Page 2 of 2
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PRODUCER ::..
is
.THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Allied N. America Corp. f TX ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P• HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12770 Coit Road, Suite 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75251 COMPANIES AFFORDING COVERAGE
(972) 455-1400 F: (972) 387-8837 COMPANY —
A American Home Assurance
INSURED COMPANY `
EAGLE CONSTRUCTION AND B American Intl Specialty Lines
ENVIRONMENTAL SERVICES, L.P. COMPANY
9701 E. I-20 C
EAS TLAND, TX 76448 COMP,UTY
D
!F�'h:F[i...►?r= `'i i%^-'�'« <`± iii?% i»; >>> « < <i2 r..... i> <<s <<' >>�''>�'> > [> >< >`> E%` 'i`>`»<>ES y iiii+ici i% iE''%>
:.:::.:::.::::::.:::::.:::. .:::::.:,.
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.
CO TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDDNY) DATE(MM/DD/YY)
B GENERAL LIABILITY PROP 1247309 1 03/23/04 0 3/12/0,5 GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG S
CLAIMS MADE ® .00.000
OCCUR PERSONAL 6 ADV INJURY S
OWNERS 6 CONTRACTORS PROT EACH OCCURRENCE S
Incl Per Proi FIRE DAMAGE(Any one fire) $
MED EXP(Any one person) $
A AUTOMOBILE LIABILITY 62616WTX/8X1659-O/S 03/12/04 03/12/05 COMBINED SINGLE LIMIT $1,0()0,000
ANY AUTO
ALL OWNED AUTOS BODILY NJ"
SCHEDULED AUTOS (Per person) S
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per sccdenq $
MCS90
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 5
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE $
EXCESS LIABILITY PROU 1956210 03/23/04 03/12/05 EACH OCCURRENCE $
B UMBRELLA FORM , AGGREGATE S
OTHER THAN UMBRELLA FORMTH
S
A I WORKERS COMPENSATION AND 6436278 (All States) 0 3/12/0 4 0 3/12/0 5 WE IM EF
EMPLOYERS'LIABILITY
0.
� EACH ACCIDENT $
i THE PROPRIETOR/ X IN EL DISEASE-POLICY LIMB $
PARTNERS�CUTTVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $
OTHER
B i Professional/ `PROP 1247309 03/23/04 03/12/05 (Included $1,000,000
Pollution i in Umbrella) PER OCC
DESCRIPTION OF OPERATIDNWLOCATIONStVENICLES/SPECIAL ITEMS
The City of Ft Worth, its officers,a(jents,employees, representatives, and
volunteers are added as additional insureds as respects operations and
activities of,or on behalf of the named insured,performed under
contract with the City of Ft. Worth and signed by the named insured.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City Of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Department Of Environmental 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
908 Monroe Street, 7th Floor BUT FAILURE TO MAI- SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Ft Worth TX 76102-6311 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED R TA