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HomeMy WebLinkAboutContract 54341 CSCO No. 54341 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT, DENTON, § PARKER AND WISE § CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant, Denton, Parker and Wise Counties, Texas, ("City") acting through its duly authorized Assistant City Manager, Valerie Washington and Protect Environmental Services, Inc. ("Contractor'), acting through Richard Cameron, its duly authorized General Manager. In consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: ARTICLE 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Contract Documents means this contract, the Contractor's response to Request For Proposal No. ENV 20-01: ERS, all attachments and task orders. Hazardous materials means those materials defined as hazardous by the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. 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 pollutant listed under 42 U.S.C. § 7412, the Clean Air Act; and any imminently 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). Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES;ENV 20-01:ERS OFFICIAL RECORD Page 1 of 27 CITY SECRETARY FT. WORTH, TX 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. Notice to Proceed means oral notice by an authorized representative of the TPW Environmental Services Division that directs the Contractor to complete a task order. 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. Order of Cessation means notice, either oral or written, from the City's Representative to immediately halt further work under this Contract. 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). 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. 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. 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. ARTICLE 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 2 of 27 ARTICLE 3. COMPENSATION Section 1. Fee Schedule. City and Contractor agree to the unit prices, labor rates, and other costs as specified in this contract. Contractor shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The not to exceed amount of this Contract shall be eighty-five thousand dollars ($85,000.00). The City shall not be responsible for any of Contractor fees, costs, or other remuneration in excess of this amount unless the City has signed and issued a formal duly authorized amendment or modification. Section 2. Invoice and Payment. The Contractor shall provide invoices to the City. All invoices must reflect the City Task Order number. Invoices shall contain a detailed breakdown to include: labor including employee name, functional title, date and hours of work performed; internal supplies and services provided; and external supplies and services provided. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. The Contractor shall also provide the City with quarterly updates showing the total and itemized costs incurred to the City for each task ordered and the amount remaining in the contract not-to-exceed amount. Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 3 of 27 ARTICLE 4. TERM This term of this Contract shall be for a period of twelve (12) months beginning from the date of complete execution of this Contract and may be extended by written mutual agreement of both parties for up to four (4) additional twelve month periods. All terms and conditions of the Contract shall remain the same unless otherwise agreed to by amendment to this Contract. ARTICLE 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor. ARTICLE 6. INDEMNIFICATION Section 1. Definitions. In this Article, the following words and phrases shall be defined as follows: Environmental Damages shall mean damages which are incurred as a result of negligence, an intentional tort, failure to meet the standard of care exercised by companies providing similar services in the state of Texas, or a violation of environmental requirements pertaining to work performed under this contract by the Contractor and/or Subcontractors, and including without limitation: a. Damages (both direct and indirect damages including consequential and punitive damages) for personal injury and death, or injury or impairment to property or natural resources; and b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and other reasonable costs required by any federal, state or local governmental agency or otherwise expended to investigate and remedy the environmental damages including any consultant's and attorney's fees, costs Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 4 of 27 and expenses incurred in enforcing this contract or collecting any sums due hereunder. Environmental requirements shall mean all applicable to the work performed under this agreement (or which may become applicable during the term of this agreement) statutes, regulations, rules, 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 the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the environment and the health and safety of employees or the public. Section 2. General Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PREEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS FEES AND COSTS OF INVESTIGATION AND LITIGATION ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, VENDORS, AND SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. Section 3. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 5 of 27 BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY AND WHICH ARE DIRECTLY RELATED TO EITHER (i) NEGLIGENCE; (ii) INTENTIONAL OR WILLFUL MISCONDUCT; (iii) RELATED TO A VIOLATION OF A LAW, REGULATION, OR PERMIT; OR (iv) A BREACH OF A DUTY OF CARE OR PROFESSIONAL STANDARD. Section 4. The obligations of the Contractor under this Article shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the 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. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, City shall provide Contractor with reasonable timely notice of same. The obligations of the Contractor under this Article shall survive the expiration or termination of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 7. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. Insurance coverage and limits: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Professional Liability Insurance Not Applicable for this Project 3. Automobile Liability Insurance Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 6 of 27 Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to the City's Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102. Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 7 of 27 6. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 7. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 8. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 9. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. 10. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 11. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 12. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 13. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. 14. Where stated above, naming as additional insured and waivers of subrogation shall only apply to the extent of the indemnity agreements herein. Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 8 of 27 ARTICLE 8. WARRANTY Contractor warrants that it understands the actual and potential hazards which are presented to persons, property and the environment by the type of work to be performed under this contract. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. ARTICLE 9. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform in a timely manner under this Contract, if the failure arises from acts of God, acts of the public enemy, fires, epidemics, quarantine restrictions, labor strikes, freight embargoes, and unusually severe weather, except however that Contractor shall take all reasonable measures to mitigate any delays and costs. The City in all circumstances reserves the right to obtain performance of the services anticipated by this Contract from another Contractor at its sole discretion for any reason and such an act will not be deemed to be a breach by the City. B. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this Contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. C. Alternatively, if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract documents, City shall notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. E. City may terminate this Contract with or without cause upon 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. Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 9 of 27 The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. F. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. ARTICLE 10. LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this Contract and during the duration of the Contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this Contract. Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. ARTICLE 11. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 12. MODIFICATION No amendment or modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. ARTICLE 13. RIGHT TO AUDIT Until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 10 of 27 Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. ARTICLE 14. NON-DISCRIMINATION During the term of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 15. GOVERNING LAW The City and Contractor agree that the validity and construction of this Contract shall be governed by the laws of the State of Texas, except where preempted by federal law. ARTICLE 16. 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. Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 11 of 27 ARTICLE 17. 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. ARTICLE 18. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Contract, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Contractor affirms that it is subject to the jurisdiction of said Courts. ARTICLE 19. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Brandon Bennett, Director Code Compliance Department - Environmental 200 Texas Street Fort Worth, TX 76102 If to the Contractor: Richard Cameron, General Manager Protect Environmental Services, Inc. 6504 Midway Road Suite 200 Haltom City, Texas 76104 Phone: 817-589-9005 Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 12 of 27 ARTICLE 20. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this Contract. Contractor shall not assign, sublet, or transfer its interest in this Contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. If Contractor desires to subcontract any service(s) to be performed under this contract, 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). ARTICLE 21. NO THIRD-PARTY BENEFICIARIES This Contract shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 22. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Contract or any amendments or exhibits hereto. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. ARTICLE 23. ENTIRETY This Contract, the Contract documents and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 13 of 27 bind any of the parties hereto. In the event of any conflict between this contract and any other contract documents, then the terms of this contract shall govern. ARTICLE 24. AUTHORITY AND EXECUTION By signing this Contract Contractor warrants that it has had the opportunity 1) to examine this Contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this Contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this Contract. The signatory to this Contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. IN WITNESS THEREOF, the parties have executed this Contract on August 26 2020. CITY OF FORT WORTH CONTRACTOR Protect Environmental Services, Inc. Valerie Washington(Aug26,2020 06:58 CDT) Richard Cameron(Aug 13,202014:07 CDT) Valerie Washington Richard Cameron Assistant City Manager General Manager rcameron(a)-protectusa.net RECOMMENDED: WITNESS: Cody Whitt nburg(Au 24,202016:05 CDT) A.Kirsten Cameron(Aug 13,202015:37 CDT) Cody M. Whittenburg A. Kirsten Cameron Environmental Manager- Code President acameron(CD-protectusa.net g4440Rn��� APPROVED AS TO FORM ATTEST: �� °°°Teo° AND LEGALITY: rM-o oo=v GpQ*, o *� Chrisha)?.Lopez-Reynolds C70&MI"'PI aaaj nezp000 5a4p Christa R.Lopez-Reynolds(Aug 25,202018:41 CDT) 'for Ronald P.Gonzales(Aug 26,202010:24 CDT) Christa R. Lopez-Reynolds Mary J. Kayser Senior Assistant City Attorney City Secretary Dated: Aug 26,2020 Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES;ENV 20-01:ERS OFFICIAL RECORD Page 14 of 27 CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Nie,�8&nzf&z N ixa[is Benitez(Aug 13,202015:39 CDT) Nixa Benitez, Environmental Supervisor Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS OFFICIAL RECORD Page 15 of 27 CITY SECRETARY FT. WORTH, TX ATTACHMENT A SCOPE OF WORK SCOPE OF CONTRACTOR'S SERVICES Contractor shall furnish all labor, materials, and equipment necessary for and have the responsibility to: • 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 of initial notification provide the necessary personnel, materials, and equipment for an adequate response. Notification may be made by the City as a phone call or other reasonable means. The adequacy of the response shall be determined by the City in its sole reasonable judgment. • 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. Response Action Report 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. Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 16 of 27 Waste Disposal Documentation 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. Contractor certifies that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to perform the work described in the Contract Documents. 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 SCOPE OF CITY SERVICES The City agrees to perform the following services: • Designate a City representative to provide timely direction to the Contractor, render City decisions and to accompany Contractor to the work site. • Provide written confirmation of mobilization on the next business day following the notification. This confirmation will include the Fire Department's incident number for tracking purposes. • Coordinate with City facilities, City departments, and any tenants. •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. ORDER OF CESSATION City may issue an Order of Cessation under the following circumstances: 1. Contractor has entered into an agreement with the Responsible Party for remediation services at the work site. In such event, City shall have no further responsibility to the Contractor after the agreement with the Responsible Party has been executed and the City has been provided a copy of such agreement; 2. The Responsible Party has entered into an agreement with another contractor to perform remediation services at the work site, and that contractor has arrived on scene. In such event, Contractor shall cancel its response if in Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 17 of 27 route or take all appropriate steps to turn control of the remediation over to the Responsible Party's contractor. 3. At any time City determines that the work is being carried out in a hazardous or unlawful manner. In such event, Contract shall immediately turn control of in-use containment or sorbent products to the City, and perform appropriate demobilization activities. The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 18 of 27 ATTACHMENT B COMPENSATION Compensation shall be in accordance with the compensation schedule below. The labor prices therein are per hour are for services provided between the hours of 7:00 AM and 5:00 PM Central Standard Time (or Central Daylight Time, as applicable) and shall be considered the base compensation rate. Services provided between 5:00 PM and 7:00 AM shall be considered after-hours and will be compensated at 1.5 times the base compensation rate. LABOR TYPE PRICE/HOUR Principal N/A N/A Manager Project Manager 70.00/hour Supervisor N/A 60.00/hour Supervisor N/A N/A Supervisor N/A N/A Site Safety Officer N/A 50.00/hour Certified Industrial Hygienist(CIH) N/A N/A Scientist Chemist 40.00/hour Scientist Geologist 40.00/hour Scientist Hydrologist N/A Scientist Biologist N/A Engineer N/A N/A Technician Hazmat 40.00/hour Technician Emergency Response 40.00/hour Technician Equipment Operator 40.00/hour Technician N/A N/A Specialist Disposal Coordinator 50.00/hour Specialist N/A N/A Clerical Resource Manager 30.00/hour Overtime(indicate days and hours OT=Mon-Fri before 8a and Holiday pay--all Federal Holidays overtime will be charged) after 5p/all weekend at 2 times standard rate (2x). hours=1.5/time and half Markup N/A N/A Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 19 of 27 PPE Type Price/Unit Booties Hazmat 18.00/pair Boots Acid Resistant Chemical 100.00/pair Boots N/A N/A Overshoes N/A 10.00/pair Gloves Cotton Work 7.00/pair Gloves Leather 20.00/pair Gloves N/A N/A Gloves Neox 17.00/pair Gloves Nitrile 12.00/pair Gloves Petroflex 14.00/pair Gloves Sample 3.00/pair Glove Liners N/A N/A Level"A'Suit Kappler Responder MKT Level"A'Suit N/A MKT Level"A'Suit N/A N/A Level"A'Suit N/A MKT Level"B"Suit Kappler CPF IV MKT Level"B"Suit CPF3's 210.00/each Level"B"Suit N/A N/A Level"C"Suit N/A N/A Level"C"Suit N/A N/A Splash Suit N/A N/A Saranex Suit N/A 85.00/each Tyvek Suit N/A 39.00/each Waders N/A 200.00/DAY The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 20 of 27 Materials Type Price/Unit Absorbent Clay 12.50/bag Absorbent Oil Boom 8"x10' (4/bundle) 180.00/bundle Absorbent Oil Pad 18"x18"(100/bundle) 150.00/bundle Absorbent Vermiculite 55.00/bag Absorbent Bio-sorb(5-gallon bucket) 65.00/each Absorbent Pillows/Universal Pads 15.00/each Absorbent Biodegradable 12.00/bag Wipes Cotton 10.00/bundle Lime 50 lb. Bag 10.00/bag Sodium Hypochlorite Gallon 10.00/gallon Spill Control/Bio Remediation Gallon 7.00/gallon Products AFFF Drum N/A AFFF 5 gallon pail N/A Decon Supplies Brush N/A Decon Supplies Kit non-haz 25.00/each Decon Supplies Pools N/A Decon Supplies Decon Kit haz 25.00/each Plastic Sheeting 6-mil (20'x100') 160.00/roll Pump Hand Pump 45.00/day Pump Water Hand Pump 31.02/day Pump N/A N/A Plastic Sheeting 20'x100' 160.00/roll Plastic Sheeting N/A N/A Samplers Coliwasa Tubes 12.50/each Samplers Spec Tubes 10.00/each Samplers Sample Kit(soil/water) 80.00/each Other N/A N/A Socks N/A 21.00/each The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES;ENV 20-01:ERS Page 21 of 27 Containers Type Price/Unit Bucket DOT/plastic 5-gallon 30.00/each Bucket DOT/Metal 5-gallon 64.00/each Bucket N/A N/A Drum 1A1 N/A Drum 1 H1 N/A Drum Poly salvage 85-gal 407.00/each Drum Steel salvage 85-gal 257.00/each Drum 55-gal steel OT/CT 80.00/each Drum 55-gal poly OT/CT 80.00/each Drum 30-gal steel OT/CT 80.00/each Drum 30-gal poly OT/CT 80.00/each Boxes Bio hazardous 35.00/each Boxes N/A N/A Roll off 10Yd"3 N/A Roll off 20Yd^3 $15.00/ and Drum Hoist N/A 80.00/da Drum Clutch N/A 50.00/da The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES;ENV 20-01:ERS Page 22 of 27 Monitor Equipment Type Price/Unit PID N/A 180.00/DAY PID N/A N/A Oxygen Meter N/A N/A OVA N/A N/A OVA N/A N/A Explosimeter N/A 150.00/day Tritector N/A 150.00/da Multiple Gas Detector N/A 180.00/da Detector Tubes N/A 20.00/each pH Meter N/A N/A pH Paper N/A 30.00/box HazCat Analysis N/A 250.00/each DO Meter N/A N/A Sub-surface Soil Sampler N/A N/A The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 23 of 27 Mobile Equipment Type Price/Unit Emergency Response Vehicle N/A 150.00/da Mileage N/A .75/mile Crew Truck N/A 150.00/da Mileage N/A .75/mile Utility Vehicle N/A N/A Mileage N/A N/A Trailer Emergency Response 200.00/da Trailer Utility 150.00/da Vacuum Truck N/A 140.00/hour Bobcat N/A 760.00/da Backhoe/Loader N/A 800.00/da Excavator N/A 720.00/da Rubber Tire Loader N/A 900.00/da Tractor FEI/B. Blade 680.00/da Tractor Field Mower 800.00/da Tiller N/A N/A Motorized Street Sweeper N/A 800.00/da Hydrotek-Steam Extractor Unit N/A 500.00/da The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 24 of 27 Material Type Price/Unit 100cfm 150.00/day Compressor 185cfm 180.00/day Compressor Air D.D(1") 100.00/day Pump Air D.D. (2") 150.00/day Pump Fuel Transfer 150.00/day Pump Submersible/Sump(1") 90.00/day Pump Trash (2") 100.00/day Pump Pump Trash (3") 110.00/da Pump Stinger Transfer Pipe 35.00/da Pump Spray Tank(hand) 67.00/da Boat N/A N/A Boat N/A N/A Boat N/A N/A Boat N/A N/A Corn Broom 30.00/each Street Broom 40.00/each Containment(18")50' Boom 150.00/da N/A N/A Boom N/A N/A Boom N/A N/A Skimmer N/A N/A Skimmer The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 25 of 27 Material Type Price/Unit Blower Ventilation Fan 75.00/da Blower Air Movers Floor Drying 75.00/da Auger N/A N/A Auger N/A N/A Generator 6.5 kw 200.00/da Drum de-header N/A N/A Lights Demo(500 watt) 50.00/da Light Plant 4 x 1000 watt trailer 250.00/da Post hole digger N/A N/A Pressure Washer Trailer/Steam 450.00/da Pressure Washer N/A N/A Reactive chemical carrier N/A N/A Remote Drilling apparatus N/A N/A Fire Suit Bunker Gear N/A Non-sparking tool kit N/A 100.00/da Vacuum HEPA 355.00/da Vacuum Wet/Dry(55-gal) 125.00/da Vacuum Wet-Dry(portable) 75.00/da The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES,ENV 20-01:ERS Page 26 of 27 Other Equipment or Supplies Type Price/Unit Reimbursable N/A Cost+20% N/A N/A N/A Lab-Standard Petroleum/oil/grease 100.00/each Lab-Rush Petroleum/oil/grease 180.00/each Disposal N/A Cost+10% Spill Kits N/A 110.00/each Frac Tank 21,000.00-gallon 100.00 set free Frac Tank N/A 70.00/da Other Wastes N/A Cost+20% Final Spill Report TCEQ 100.00/each Camera Photographs 50.00/each Fuel Re-fuel heavy equipment 25.00/each The remainder of this page is left intentionally blank Protect Environmental Services,Inc. EMERGENCY RESPONSE SERVICES;ENV 20-01:ERS Page 27 of 27