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HomeMy WebLinkAboutContract 39063CON1RSECRECT TARY -ZqID, _*A - CO-N....TRAC'I' Between CITY OF FORT WORTH and TAS ENVIRONMENTAL SERVICES, L.P. For Characterization, Loading, Transportation and Proper Disposal of Petroleum Impacted Soils from 1100 Nashville Avenue, Fort Worth, TX DEM 09-13 PST Environmental Management Department August 2009 OFFICIAL RECORD'! CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS CONTRACT FOR TRANSPORTATION AND DISPOSAL OF PETROLEUM -IMPACTED SOILS PROJECT DEM 09-13 PST This Contract is entered into by and between the City of Fort Worth, a home -rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Fernando Costa, its duly authorized assistant city manager ("City"), and TAS Environmental Services, L.P., a Texas limited partnership, acting through J. Salzer, its duly authorized president ("Contractor"). WHEREAS, the City desires to conduct a project to perform the characterization, loading, transportation, and proper disposal of petroleum impacted soils that were removed from the site of the future police station located at 1100 Nashville Avenue, Fort Worth, Texas, Fort Worth, Texas, and are currently being staged at 5000 Martin Luther King Freeway (US 287). WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such characterization, loading, transportation, and proper disposal of petroleum impacted soils; and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such characterization, loading, transportation, and proper disposal of petroleum impacted soils: WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Citv's Representative means the Director of Environmental Management, Brian Boerner, CHMM, or his designee. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX rw Petroleum Impacted Soil means any soil, earth, or dirt, or related material found to be or suspected to be infused with petroleum substances, hazardous substances, hazardous wastes, or pollutants that may be associated with soil that has been removed as part of the excavation of underground petroleum storage tanks. Contract Documents means the Invitation to Bid, attachments, pre -bid amendments, and appendices to the Invitation to Bid, the Contractor's response to the Invitation to Bid, and all ancillary documents submitted with the Contractor's response to the Invitation to Bid. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Subcontract means a contract between the Contractor for this project and another person or company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall furnish all labor, materials, and equipment necessary for the characterization, loading, transportation, and disposal of approximately nine - hundred fifty (950) cubic yards of petroleum impacted soil from the staging site at 5000 Martin Luther King Freeway (SH 287), Fort Worth, Texas and that originated from removal of six (6) underground storage tanks from the site of the future Police - NPD #6 offices, located at 1100 Nashville Avenue, Fort Worth. B. 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 allow for the work associated with the contract. C. Soils shall be disposed of at an approved and properly licensed TCEQ disposal facility using one of the following methods: incineration, fuel blending for incinerators only, treatment, and landfilling authorized to handle hazardous and other regulated materials. Fuel blending and/or incineration in a Cement Kiln will not be allowed under this contract. D. Transportation, handling, and disposal of the petroleum -impacted soils shall be in accordance with all applicable EPA, DOT, TxDOT, TCEQ, and City of Fort Worth statutes, regulations, standards, and requirements as related to the transport, handling, and disposal of hazardous and other regulated materials. This includes CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. OFFICIAPageL RECORD CITY SECRETARY FT. WORTH, TX but is not limited to the lawful and proper use of appropriate manifests, labeling, placarding of vehicles, and tarping of loads. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor and communicate City decisions. B. Coordinate with facilities, City departments, and any tenants for access to the site. C. The City will furnish a representative for signatory requirements for the waste manifests. 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor will be responsible for the completing the profiling of the soils in coordination with the Environmental Management Department, within fifteen (15) days after receipt of Notice to Proceed. Contractor agrees to complete the transportation and disposal of the petroleum impacted soils within twenty five (25) days from after receipt of the Notice to Proceed. 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. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. 6. COMPENSATION A. The City and Contractor agree that the total cost of this contract shall be based on the unit price of $23.97 (twenty-three dollars and ninety-seven cents) per cubic yard of petroleum impacted soil characterized, loaded, transported, and disposed of as specified in this contract (and as evidenced by the landfill manifest) and that the total cost of this contract shall not exceed $22,771.50 (twenty-two thousand, seven hundred, seventy one dollars, and fifty cents). B. The City will not be liable for any Contractor costs in excess of the Not -to -Exceed amount unless City has signed and issued a formal Modification to the contract. C. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices upon the Contractor's completion of the requirements of this contract. 7. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $1,000.00 (one thousand dollars) per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 8. INDEMNIFICATION A. Definitions. In this paragraph, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including i CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL ) Page 4 of 14 BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. j OFF11CIAL RECORD ` CITY SECRETARY I FT. WORTHI TX without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the wells, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental requirements shall mean all applicable present and future 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, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL r Page 5 of 14 BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. OFFICIAj.. sAt(:URU j ClTy SECRETARY hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. General Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, 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 USER'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. USER 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 USER'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the User under this paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability which User is required hereunder to indemnify, City shall provide user with reasonable timely notice of same. CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL Page 6 of 14 BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. [� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX F. All Users under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Users herein. G. The obligations of the user under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. INSURANCE A. During the term of this Agreement, User shall maintain the following insurance coverage and the respective policies thereof shall cover all risks related to the use and occupancy of the right-of-way and other City property and all other risks associated with this use Agreement: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. $2,000,000.00 aggregate. 2. Environmental Impairment Liability/Pollution Liability: $1,000,000.00 minimum per occurrence 3. Automobile Liability Insurance: a. $1,000,000.00 each accident b. Coverage shall be on "any auto", including leased, hired, owned, non -owned and borrowed vehicles. 4. Workers' Compensation Insurance a. Statutory limits for Workers' Compensation; and b. Employer's Liability: $100,000.00 each accident/occurrence; $100,000.00; and disease -each employee; $500,000.00 disease -policy limit. CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. Page 7 of 14 OFFICIAL RECORD CITY SECRETARY FT. WORTH. Tat B. User shall require its contractors to maintain the following insurance coverage: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage 2. Automobile Liability Insurance: a. $1,000,000.00 each accident; or $250,000 Property Damage and $500,000 Bodily Injury per person per occurrence. b. Coverage shall be on "any auto", including leased, hired, owned, non -owned and borrowed vehicles. 3. Workers' Compensation Insurance a. Statutory limits for Workers' Compensation; and b. Employer's Liability: $100,000.00 each accident/occurrence; $100,000.00; and disease -each employee; $500,000.00 disease -policy limit. C. All policies shall contain the following endorsements: 1. City shall be named as an additional insured on all policies in respect to the monitoring wells, environmental sampling, and the operations under this Agreement; 2. City shall be notified not less than thirty (30) days prior to the cancellation, or non -renewal of, or material changes to, said policies; and 3. All policies shall be endorsed with waivers of subrogation in favor of the City. D. 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. CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL Page 8 of 14 BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. OFFICIAL RECORD T CITY SECRETARY FT. WORTH, TX E. The insurers for all policies must be licensed and 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 the Risk Manager. F. Programs of self-insurance in lieu of commercial insurance policies shall be assessed, and as appropriate, approved by the Risk Manager; and, as applicable, pre -approved by the Texas Department of Insurance. All such approvals must be completed and/or received by City prior to execution of this Agreement. G. The deductibles or self insured retention (SIR) affecting the insurance coverage required shall be acceptable to the Risk Manager, and in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. H. User shall provide City with certificates of insurance documenting User's and User's contractor's coverage as outlined above prior to commencing any operations under this Agreement. Certificates shall be submitted to the Director of Environmental Management. Any failure on the part of the City to request documentation of insurance required herein shall not be construed as a waiver of the requirement for same. J. The City may revise insurance requirements specified herein, at its sole discretion, to protect its interest, giving ample prior notice to User. 10. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by petroleum impacted soil. 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. CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. 01. Page 9 of 14 ORD CITY SECRETARY FT. WORTH, TX 0 11. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. 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. D. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. E. City may terminate this Contract with or without cause upon thirty (30) days prior written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work 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. CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL Page 10 of 14 BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. i OFFICIAL RECnRD { i CITY SECRETARY Z-T WORTH, Tx 12. MODIFICATION No modification of this Contract shall be binding on Contractor or the City unless set out in writing and signed by both parties. 13. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 14. NON-DISCRIMINATION A. During the performance of this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. (� Page 11 of 14 ! OFFICIAL REC ORD OITY SECRi�TI�RY FT. vVORTH. TX 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. 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. 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. 18. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas. 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: CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. Page 12 of 14 Oi-N GAL RECORD CITY SECRETARY I Lli4"�ORTH, T If to the City: Brian Boemer, CHMM, Director City of Fort Worth Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Contractor: J. Salzer, President TAS Environmental Services, L.P. 3929 California Pakway E. Fort Worth, TX 76119 20. 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. In the event of any conflict between this contract and any other documents related to this contract, then the terms of this contract shall govern. 21. 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. CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. Page 13 of 14 1 OFFICIAL RECORD CITY SECRETARY , FT. WORTH, SIGNATURE PAGE FOR CONTRACT FOR TRANSPORTATION AND DISPOSAL OF PETROLEUM -IMPACTED SOILS PROJECT DEM 09-13 PST IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH B,Y. Fernando Costa Assistant City Manager ATTEST: Marty Hendrix City Secretary NO M&C jXOUIRED APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney CONTRACTOR BY- J. Salzer President WITNESS: CORPORATE SEAL: CONTRACT FOR PETROLEUM IMPACTED SOIL TRANSPORTATION AND DISPOSAL BETWEEN THE CITY OF FORT WORTH AND TAS ENVIRONMENTAL SERVICES, L.P. Page 14 of 14 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX r CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project DEM 09-13: Transportation and Disposal of Petroleum -Impacted Soils. CONTRACTOR T S Environmental Services, L.P. By: —'-,QI2e,, Title / -Is l -w-1 eol Date & 2 2 •,9 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared J cia zer" , 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 TA-5 Enviranmfr rJ Servv_ek L -P• for the purposes and - consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 22 day of Auuxl 200. Notary Public in and for the State of Texas TERESA A DECKER MY COMMISSION EXPIRES Apd 16, 2010 as ` , ( INVITATION TO BID FORT WORTH CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 Ad PROJECT: DEM 09-13: PST TRANSPORTATION AND DISPOSAL OF PETROLEUM -IMPACTED ` SOILS — 1100 NASHVILLE NPD#6 FORT WORTH, TEXAS •- May 14, 2009 A5xiv1&nmtrt'K�xviC,eS. L.T Company Name Address Sri W ny,r Tp�cgS t Iq City, State, Zip Date no TABLE OF CONTENTS 1.0 INVITATION TO BID 1.1 Project Description 1.2 General Requirements 1.3 Interpretation of the Invitation to Bid 1.4 Conflicts 1.5 How to Submit a Bid 1.6 Security 1.7 Opening of Bids 1.8 Trade Secrets and Confidential Information 1.9 Bid Evaluation 1.10 Award of the Contract 1.11 Tax Exemption 1.12 Reservations 1.13 Liquidated Damages 2.0 BID DOCUMENTS 2.1 Bid Document Checklist 2.2 Acknowledgment of Receipt of Addenda 2.3 Scope of Work 2.4 Cost 2.5 Contractor Information and Qualifications 2.6 Contractor Submittals 2.7 Subcontractor Information and Qualifications 2.8 Bonds 2.9 Minority/Women Business Enterprise (MWBE) Requirements 2.10 Statement of Residency 2.11 Nondiscrimination 2.12 Prevailing Wage Rates & Davis Bacon Requirements 2.13 Insurance Certificates 2.14 Worker's Compensation Insurance Coverage 2.15 Contractor's Responsibilities 2.16 Contractor's Legal And Compliance History 2.17 Federal Supplemental Information Requirements so 1.0 INVITATION TO BID 1.1. Project Description Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to perform the characterization, loading, transportation, and disposal of approximately 950 cubic yards of soil originating from removal of six (6) underground storage tanks from the site of the future Police - NPD #6 offices. The MWBE participation goal for this project is 12 percent. 1.2. General Requirements Obtaining Bid Documents: Bid documents, addenda, and specifications may be obtained from the Environmental Management Department Web site at http://www.fortworthgov.orcl/l)urchasinq in portable document format (PDF), or may be viewed at the Environmental Management Department, 908 Monroe Street (7"' Floor), Fort Worth, Texas 76102 during normal business hours. Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. Pre -Bid Meeting: No pre -bid meeting is scheduled for this project. Time Bid to Remain Valid: Bids submitted in accordance with this Invitation to Bid shall remain valid for 60 days after the due date. Compliance With Laws: All Contractors shall be required to comply with: 1.2.1. Chapter 2258 of the Texas Government Code, with respect to the payment of prevailing wage rates per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth and for the Davis -Bacon Act, whichever is higher for building and construction trades; -' 1.2.2. Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices; 1.2.3. Fort Worth Ordinance 15530, Minority and Women Business Enterprises; and 1.2.4. The most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the City of Fort Worth as well as any other entity that may have jurisdiction over work being performed. M 1-1 1.2.5. All other applicable federal, state and local laws. 1.3. Interpretation of the Invitation to Bid All requests for an interpretation of the Invitation to Bid must be made in writing and submitted to the Environmental Management Department, by FAX, regular mail, or email, any time up to seven (7) calendar days prior to the deadline date for submitting bids. The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. All addenda must be submitted with the Bid in Section 2.2. It is the Contractor's obligation to determine whether addenda have been issued prior to the deadline for submitting the bid. The City will not be responsible for any other explanations or interpretations. Requests for interpretations must be submitted to: Roger Grantham Regulatory Compliance Program Environmental Management Department City of Fort Worth 1000 Throckmorton Street Fort Worth, TX, 76102-6311 Phone: 817-392-8592 FAX: 817-392-6359 Email: Roger.Grantham@fortworthgov.org Each Contractor who intends to submit a bid must e-mail the above contact with a notification of intent to submit. 1.4. Conflicts Should there be conflicts between the submitted bid and the final executed contract document; the final contract shall take precedence. 1.5. How to Submit a Bid Each Contractor must submit ONE (1) bound original and three (3) bound copies of their bid to the City. All items to complete the submittal must be included within the bid or the entire bid may be considered non -responsive and rejected in full. In case of ambiguity or lack of clarity, the City reserves the right to adopt the construction most advantageous to the City or to reject the bid in full. Bids must be submitted in a sealed envelope, addressed to the City of Fort Worth Purchasing Division, 1000 Throckmorton St., Fort Worth, Texas 76102-6311. Bids must be received by the Purchasing Division no later than 1:30 p.m. on Thursday, June 25, 2009. The project number must be clearly marked on the envelope and the statement "BID DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 p.m. on Thursday, June 25, 2009" placed in the lower left-hand corner of the envelope in which the documents are delivered. If the documents are placed in an 1-2 envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Late bids will be returned. They will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. on NO FAXED BIDS WILL BE ACCEPTED 1.6. Security Bids must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project Contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The City will only accept sureties duly qualified and authorized by the State of Texas as corporate sureties to act as bonding entities. Personal sureties are unacceptable. 1.7. Opening of Bids Bids will be read aloud at 2:00 P.M. on Thursday, .tune 25, 2009, in the Fort Worth City Council Chambers. _. 1.8. Trade Secrets and Confidential Information All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. However, the City will endeavor to protect from disclosure any information in the bids that is subject to the trade secrets exception of the Public Information Act under §552.110 of the Texas Government Code or the confidential information exception under §552.101 of the Texas Government Code. It is the responsibility of the Contractor to clearly mark as such any information they deem trade secret or confidential. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure of a Contractor to identify trade secret and confidential information in its bid will result in all unmarked sections being deemed non-proprietary and available upon public request. 1.9. Bid Evaluation The City will award a contract to the bidder who provides services at the best value to the City. In determining the best value, the following criteria will be considered pursuant to Texas Local Government Code §252.043: 1.9.1.1. purchase price; 1.9.1.2. reputation of the bidder and of the bidder's goods /services; 1.9.1.3. quality of the bidder's goods or services; 1.9.1.4. extent to which the goods or services meet the City's needs; 1.9.1.5. bidder's past relationship with the City; 1.9.1.6. impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; and 1.9.1.7. total long-term cost to the City to acquire the bidder's goods or services. 1-3 so FACTOR SECTION MAXIMUM WEIGHT Provider's Qualifications and Capabilities 2.14 25 points Provider's Experience With Similar Phased Projects 2.15 25 points Provider's Total Cost of Bid 2.6 25 points Provider's Sub-Contactor's Experience and 2.16 25 points Qualifications Provider's Legal History 2.17 15 points Provider's Work History with City or Government 2.15 15 points Projects SCORE 130 points The City will select the most highly qualified Bidder responding to the request based on the above criteria. The highest overall score will determine the City's first choice for the project award. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Qualifications and to establish the responsibility, qualifications, and financial ability of the Provider, subcontractors, and other persons who are proposed to work on the project. 1.10. Award of the Contract The City will send a Notice of Award letter to the successful Contractors) with three (3) sets of contract documents. The successful Contractor 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 successful Contractor with letters entitled Notice to Proceed. These letters authorize work to begin and invoices to be paid. 1.11. Tax Exemption The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in this bid. 1.12. Reservations The City reserves the right to reject any or all bids and waive any or all formalities. 1.13. Liquidated Damages The contractor shall achieve substantial completion of the project within the time frame stated by the contractor in section 2.4. It is anticipated that substantial completion should be achieved within 10 working days of receipt of notice to proceed. If substantial completion cannot be achieved within 10 working days, liquidated damages will be incurred in the amount of $1,000 per day. 1-4 2.0 BID DOCUMENTS Note. ALL BID DOCUMENTS MUST BE SUBMITTED IN THE SAME ORDER AS RECEIVED FROM THE CITY AND WITHIN A BOUND PACKAGE. FAILURE TO SUBMIT ALL OF THE ITEMS LISTED ON THE FOLLOWING PAGES, IN A SEALED ENVELOPE, MAY RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE. .. No .. .. .. RX 2-1 ami no no TABLE OF CONTENTS SECTION SEC 1: BID DOCUMENT CHECKLIST RECEIPT OF ADDENDA SEC 2: SCOPE OF WORK SEC 3: COST SEC 4: CONTRACTOR INFORMATION & QUALIFICATIONS SOQ LICENSE & CERTIFICATES REFERENCES STAFF MATRIX SEC 5: CONTRACTOR SUBMITTALS PROJECT SCHEDULE SAMPLE INVOICE ORGANIZATION CHART SEC 6: SUBCONTRACTOR INFORMATION & QUALIFICATIONS SEC 7: BONDS SEC 8: MINORITY/WOMEN BUSINESS ENTERPRISE UTILIZATION REQUIREMENTS SEC 9: STATEMENT OF RESIDENCY SEC 10: NONDISCRIMINATION SEC 11: PREVAILING WAGE RATES SEC 12: INSURANCE CERTIFICATES SEC 13: CONTRACTOR'S RESPONSIBILITIES SEC 14: CONTRACTOR'S LEGAL & COMPLIANCE HISTORY TAB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 no SEC I BID DOCUMENTATION CHECKLIST RECEIPT OF ADDENDA oEn Airo'nm ental Services L.R 2.1.13id Document Checklist All Bid Documents, including this checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered a responsive submittal. Bid Documents 1. Bid Document Checklist 2. Acknowledgement of Receipt of Addenda 3. Scope of Work 4. Cost 5. Contractor Information and Qualifications 6. Contractor Submittals 7. Subcontractor Information and Qualifications 8. Bonds 9. Minority/Women Business Enterprise Utilization Requirements 10. Statement of Residency 11. Nondiscrimination 12. Prevailing Wage Rates 13. Insurance Certificates 14. Contractor's Responsibilities 15. Contractor's Legal and Compliance History Initial if Included I understand that all of these items will be reviewed, and any items not included may result in my bid being considered non -responsive. Signature Name J So�1ir Title�SI T IJ�-}�'►L' Company Tike-7 'ricVt onm '[A Date J1 ML 16. Mog 2-2 1 M 2.2.Acknowledgement of Receipt of Addenda 2.2.1. Check if applicable The undersigned acknowledges the receipt of the following addenda to the Invitation to Bid, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 (Date received) Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2.2.2. Check if applicable ✓ The undersigned acknowledges the receipt of no addenda to the Invitation to Bid. CONT 7MCT OR: Signature w Naame jr �+ "f/ C 11 >,� �t 'i'6C 6V Title IN ill 7 1►! �, ft IL Company I ) _Y _ 0 Daff 2-3 SEC 2 SCOPE OF WORK *.7/ EaviroTASameatai Services LR me MW 2.3. Scope of Work Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to perform the characterization, loading, transportation, and disposal of approximately 950 cubic yards of soil originating from removal of six (6) underground storage tanks from the site of the future Police - NPD #6 offices. 2.3.1. Site Information The petroleum -impacted soils are located 5000 Martin Luther King Freeway (SH 287) — City of Fort Worth Traffic Enforcement Offices. This site has ample open areas for unloading equipment and loading of tractor -trailers for transportation to the appropriate disposal facility. Location Petroleum Impacted Soils Cubic Yards 5000 MILK Freeway Consideration should be given for disposal of soils as —950 CY (SH 287) Class II Non -hazardous. The City will provide sampling analysis for use in characterization and profiling. "Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsible for verifying all quantities. 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. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement. 2-4 2.3.2. Project Coordination Contractor will be responsible for coordinating with the Environmental Management Department, within fifteen (15) days after receipt of notice to proceed. The City will furnish a representative for signatory requirements for the waste manifests. 2-5 NO SCOPE OF WORK OBJECTIVE TAS Environmental Services, hereafter referred to as "TAS" will properly and safely transport and dispose approximately 950 cubic yards petroleum impacted soil located at 5000 MLK Freeway in Fort Worth, Texas for the Texas Department of Transportation, hereafter referred to as "TxDOT". SCOPE OF WORK TAS will schedule all work with TxDOT prior to mobilization. All TAS employees assigned to work on this project will have received a minimum of forty hours training in hazardous materials management as required by 29 CFR 1910.120. Additionally, TAS employees have also received specialized training in Confined Space Entry and Rescue as required by OSHA 29 CFR 1910.146. All TAS employees have also received First Aid and CPR training by the National Safety Council and meet the standard medical evaluation requirements. A. MOBILIZATION .— TAS will mobilize the personnel and equipment required to transport and dispose of the soil referenced above. Our crew will include a Supervisor/ Health & Safety Officer and Heavy Equipment Operator. B. SITE PREPARATION Once on site, TAS personnel will conduct a site safety meeting, document and identify each personnel's tasks for the project. Below is the organizational chart that defines each piece of equipment and personnel's responsibilities performed on site: Todd Trice 1 Supervisor ' TxDOT's point of contact, scheduling I and project over -site Todd Trice Health & Safety Officer Ensure safety of all employees on site Scott Halley Heavy Equipment Operator Operate Track hoe to load impacted soil for transportation Loader Load impacted soil into transportation trucks for dispo"l Transportation Trucks Transport impacted soil to an approved landfill for disposal C01AS Enviroamental Services L.P. C. FIELD ACTIVITIES TAS will load the impacted soil into 20 cubic yard End Dump Trucks that will be supplied by Alliance Trucking. A total of (10) 20 cubic yard trucks will be •r supplied to complete the project. The End Dump Trucks will continuously run until all soil is removed from the site. It is estimated that the project will be completed within a 12 hour time frame and approximately (40) loads transported. D. DISPOSAL Approximately 950 cubic yards of impacted soil will be transported to the following approved facility: 1. Allied — Republic Waste Southeast Landfill 699 North Dick Price Kennedale, Texas 76060 Allied Waste will mail the original manifest to TxDOT after disposal. TAS will provide all supporting documentation, including; invoicing, daily work logs, copies of manifests and a final report that follows federal and state regulations, within ten business days after disposal has been completed. The submitted invoice for the services provided will follow the price sheet that has been approved by TxDOT and is referenced in the original IFB, Project:DEM 09- 13:PST. �� Environmental Services LP. SEC 3 COST �Environmental Services LB 2.4. Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence, and any other items or services necessary to complete the scope of services detailed in this Solicitation. Bids shall be firm priced offers unless otherwise specified. In the event of a discrepancy between unit price and extended price, the unit price shall govern. Item Transportation and Disposal Estimated Unit Cost Estimate Quantity Cost (Extended) 950 Cubic Yards $ 3 . -1 �" / Cy $ TOTAL $'1,�, *Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsible for verifying all quantities. Contractors submitting Bids shall rely exclusively and solely upon their own estimates, investigation, research, tests, and other data, which are necessary for full and complete information upon which the Bid is to be based. It is mutually agreed that the submission of a Bid is prima -facie evidence that the Contractor has made the investigations, examinations, and tests herein required. Contractor shall complete all phases of work to achieve substantial completion within 10 calendar days of receipt of notice to proceed per project. CONTRACTOR: 42�S7 Signature = Name Title Company y . Date 2-6 SEC 4 am CONTRACTOR INFORMATION & QUALIFICATIONS wm SOQ LICENSE & CERTIFICATES REFERENCES STAFF MATRIX &En � ental Services LP. 2.5. Contractor Information and Qualifications Bidder shall submit the following items proving they are duly qualified and capable to fulfill and abide by the requirements listed herein. The documents listed below shall be included in this bid submittal, in the same order as listed, following this page, bound within the response. 2.5.1. Bidder shall provide company information including its company name, address, telephone number(s), email address and FAX number(s) for the local office as well as the headquarters. 2.5.2. Bidder shall attach an up-to-date and concise copy of its current Statement of Qualifications. Licenses and Certifications: Provide copies of necessary company licenses and certifications required to complete project. • Bidder shall provide applicable asbestos -related licenses. 2.5.3. Bidder shall provide necessary company licenses and certifications required to complete the project: • current Texas Sales/Use Tax Certificate • current Certificate of Good Standing (Texas Secretary of States' office) 2.5.4. Bidder shall provide at least four project references similar in scope and size to that of this Solicitation. Each project references shall include the following information: ■ Company's Name ■ Name and Title of Contact/Project ■ Email, Phone, and Address of Contact ■ Contract/Project Value ■ Brief Description of Service Provided 2.5.5. Bidder shall complete a staff matrix including the following information detailing the provider's personnel, their qualifications, and years of experience for staff that will be providing services associated with this Solicitation. ■ Position title and job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc.) ■ Name ■ Tasks to be performed in association with this contract ■ Certifications/Licenses ■ Total Years Experience ■ Length of employment with your company 2-7 COMPANY INFORMATION & QUALIFICATIONS TAS Environmental Services, L.P. (TAS) is a Texas based 24-hour environmental emergency response and environmental remediation company, established in 1997, that offers a wide range of services. We are a full service environmental company from mad initial emergency response to final remedial closure. TAS's professional staff possesses the necessary technical education, experience and expertise to meet the challenges of today's environmental industry. TAS currently has approximately 85 full-time employees staffed out of our (7) seven response offices/facilities located across Texas and into Louisiana. Ownership: TAS Environmental Services L.P. is a Limited Partnership. State of Incorporation: Texas Headquarters/Corporate: Fort Worth Response Office: North Region 3929 E California Parkway; Fort Worth, TX 76119 888.654.0111 (24-Hour Line); 817.535.8187 (facsimile) i Response Offices: Fort Worth Response Office: North Region 3929 E California Parkway; Fort Worth, TX 76119 888.654.0111 (24-Hour Line); 817.535.8187 (facsimile) Dallas Response Office 17714 Bannister Street, Ste 4; Dallas, TX 75252 972.638.9700 (office); 972.638.9702 (facsimile) Longview Response Office: East Region Headquarters 8988 FM 2011 East; Longview, TX 75603 903.643.7901 (office); 903.643.9848 (facsimile) Texarkana Response Office 6409 West 70' street; Texarkana, TX 75501 903.838.2182 (office); 903.838.2184 (facsimile) North Austin Response Office (Primary) 13720 Immanuel Rd; Austin, TX 78660 512.990.9903 (office); 512.990.0033 (facsimile) South Austin Response Office (Secondary) *TAS Environmental Services LP. 9301 Hwy 290 West; Austin, TX 78736 512.990.9903 (office); 5 12.990.003 3 (facsimile) San Antonio Response Office: South Region Headquarters 14350 Lookout Road; San Antonio, TX 78233 210.496.5310 (office); 210.496.5312 (facsimile) Bossier City Response Office Md 3869 Industrial Circle; Bossier City, LA 71112 318.747.2662 (office); 318.747.2663 (facsimile) Solicitation Contact: Fort Worth Response Office: 3929 California Parkway E Fort Worth, Texas 76119 Lindsey Naylor — Project Manager 817.535.7222 / 817.789.1666 Inavlor(&tasln.com *.vis�onmental Services L.R %%W STATEMENT OF QUALIFICATIONS *** RECENTLY WE OPENED NEW OFFICES, WHICH ARE REFERENCED IN OUR CORPORATE OVERVIEW. THEREFORE i OUR SOQ DOES NOT REFLECT THESE NEW OFFICES, EQUIPMENT AND PERSONNEL.*** &Environmental Services LP. Table of Contents Corporate Overview Page 2 Mission Statement Page 3 Emergency Response Services Page 4 Environmental Remediation Services Page 5 Equipment Capabilities Page 6 Equipment and Products Page 12 Industrial Services Page 12 Waste Transportation Page 13 Waste Management Page 13 Training Page 14 Industrial and Safety Services Page 14 .�, Licenses and Permits Page 15 Affiliations Page 16 Key Personnel Page 17 Certificate of Insurance — Sample Document Insert ,Fits Environmental Services L.P. Corporate Overview TAS Environmental's professional staff possesses the necessary technical education and experience to meet the challenges of today's environmental industry. TAS Environmental offers its clients a wide range of services, we are a full service environmental company ➢ Spill Emergency Response ➢ ➢ Vacuum Truck Services ➢ ➢ Roll -off Equipment ➢ _ ➢ Industrial Hygiene Consultation ➢ ➢ Confined Space Operations ➢ Soil Remediation ➢ Chemical Lab Packing/Disposal ➢ Facility Maintenance of Hazardous Waste ➢ Hazardous Materials Remediation a' ➢ Waste Transportation ➢ ➢ Facility Decontamination/Decommissioning ➢ Soil Excavation and Disposal Site Restoration and Site Closure Post -Closure Monitoring and Maintenance Industrial Cleaning Services for - oil storage tanks - chemical storage tanks - retention ponds - pipelines - vessel drilling rigs Hazardous Waste Management Environmental Training With over 200 cumulative years of experience gained from responding to over 6,000 emergency responses and oil spills, TAS's personnel ensure the prevention of conflict and regulatory penalties and control costs by handling each situation in a safe, professional, and conscience manner. TAS Environmental holds certification from the United States Coast Guard as an Oil Spill _ Response Organization (OSRO) and certification from the Texas General Land Office as a Discharge Cleanup Organization as related to the Oil Pollution Act of 1990. TAS Environmental provides training exercises and actual spill response to all of the major oil r, companies. During the past years, TAS has provided personnel, equipment, supplies, and expertise for containment and cleanup for all major oil spills that have occurred within the Gulf Coast region. Page 2 of 21 W TAS Environmental Services L.P. Mission Statement Our mission is to ensure the longevity of our company through repeat and referral business .. achieved by customer satisfaction in all areas. To perform for our customers the highest level of quality environmental services at a fair price. To treat all employees fairly and involve them in the quality improvement process to insure responsiveness and cost effective work execution. To maintain the highest levels of professionalism, integrity, honesty and fairness in our relationships with our suppliers, subcontractors, professional associates and customers. M Page 3 of 21 SAS Environmental Services L.P. Emergency Response Services On land or water, oil spill or hazardous materials spill, TAS Environmental responds to any type of environmentally threatening incident with professional personnel to ensure a safe, effective, and regulatory compliant response, 24 hours/day, 7 days/week. TAS has four separate offices located strategically, Fort Worth, San Antonio, Dallas, and Austin, we have formed partnerships with other environmental companies for better coverage though -out the Southwest. TAS employs fully certified, extensively trained, and widely experienced personnel. Each Response Team is outfitted with state-of-the-art equipment and instrumentation. Understanding the codes and regulations, recognizing their implementations, and meeting their criteria is paramount when responding to an environmental emergency. TAS's knowledge and experience in this area greatly benefits its clients. Through the years, TAS has become very familiar with the regulatory agencies that write and enforce these laws. Subsequently, TAS understands all of the issues involved when managing an environmental emergency. TAS's professional reputation has earned respect from agencies such as the: ➢ United States Environmental Protection Agency ➢ United States Coast Guard ➢ Texas Commission on Environmental Quality ➢ Department of Defense ➢ Texas Department of Public Safety ➢ Department of the Interior ➢ Federal Emergency Management Agency ➢ Department of Energy �' ➢ Texas Department of Parks and Wildlife ➢ Texas Department of Transportation ➢ United States Department of Transportation ➢ Texas General Land Office Practical field experience coupled with superior equipment enable TAS to dispatch an appropriate response to any emergency within minutes of the call. TAS is quick to mitigate the spill, i.e. contain and prevent the spread of material into the surrounding environment. A timely, safe, and cost conscience response minimizes the impact to the surrounding environment, and therefore, limits expense and liability to the client. Each TAS responder is well disciplined in proper material handling, communications, safety, and quality awareness. Emergency Response services include, but are not limited to: ➢ Railcar Derailments ➢ Barge Leaks ➢ Fuel Spills ➢ Confined Space Rescue ➢ Acid Spills ➢ Explosives ➢ Truck Roll-Overs/Transfers ➢ Chemical Releases r. ➢ Natural Disaster Response ➢ Oil Spills ➢ Plant Emergencies ➢ Biohazardous Containment and Cleanup s .. Page 4 of 21 Environmental Services L.P. MW Environmental Remediation Services TAS provides a comprehensive scope of capabilities and experience in the remediation of environmentally impaired sites. When budgets and scheduling are critical to the successful conclusion of the project, teamwork is essential in achieving that end. The Company employs a strong, seasoned team of veterans experienced in handling hazardous materials in a safe, professional and successful manner. This team has been built by individually selecting personnel with unique capabilities and experience. Each team member is well disciplined in communication, safety, ingenuity, time, cost and quality awareness. Our supervisors work one- on-one with the client, which allows for greater agility in dealing with projects of all scopes and sizes. Our experience has shown that this "one-on-one" approach has reduced potential delays, minimized costs and provided total client satisfaction. TAS can carefully estimate the anticipated costs of a project and establish the budgetary expense prior to initiation. This service and detailed scope often eliminates conflicts and confusion during the project. dW TAS's Remediation services specialize in: ➢ Bioremediation of Soils ➢ Confined Space Operations and Tank Clean Outs ➢ Groundwater Treatment ➢ Underground Storage Tank Removal and Installation ➢ Soil Excavation and Disposal ➢ Facility Demolition and Decommissioning ➢ Hazardous Materials Remediation ➢ Hazardous Waste Neutralization and/or Stabilization ➢ Abandoned Waste Remediation and Disposal ➢ Facility Decontamination ➢ Site Restoration and Site Closure ➢ Spill Cleanup ➢ Chemical Lab Packing/ Disposal ➢ Waste Water Treatment ➢ Post -Closure Monitoring and Maintenance - ➢ Utility Line Installations and Removals ➢ Facility Maintenance of Hazardous Wastes ➢ Drum Handling TAS's remediation teams have experience in conducting extremely complex and advanced procedures on operations involving all types of hazardous and non -hazardous wastes. M Page 5 of 21 WZnvlronxnentalSS Services L.P. Md M Md Mw Equipment Capabilities Skirt Float Inventory Name of Model Number Size Size Length Manufacturer (inches) (inches) (feet) ACME Products Co. Inc. "OK Corral 12 6 5000 ACME Products Co. Inc. "OK Corral 6 6 1000 ACME Products Co. Inc. "Super Mini" 4 2.5 100 ACME Products Co. Inc. "OK Corral 12 6 1,550 ACME Products Co. Inc. "OK Corral 6 6 750 ACME Products Co. Inc. "Super Mini" 4 2.5 350 ACME Products Co. Inc. "OK Corral 12 6 850 ACME Products Co. Inc. "OK Corral 6 6 450 ACME Products Co. Inc. "Super Mini" 4 2.5 150 Heavy Equipment / Response Vehicles Name of Manufacturer Ford Chevrolet Ford Yamaha Top Hat Ford International Wells Cargo C&S Trailer Alkoda 3500 psi DaeWoo / Nissan DaeWoo Kenworth Ford Ford Chevrolet Kenworth Kenworth ESP Modern Mfg C & S Trailer Wells Cargo Sooner Gage 3500 psi Page 6 of 21 Heavy Equipment / Response Vehicles P/U Truck / 1 Ton - Emergency Response 4 x 4 P/U Truck / 1 Ton - Emergency Response P/U Truck /17550 Emergency Response -Flat Bed 28 ft. Emergency Response Trailer 4 Wheeler / 4WD 8 ft Utility Trailer 16 ft Utility Trailer P/U Truck / 1 Ton - Emergency Response Emergency Response Bobtail 14 ft Emergency Response Trailer 16 ft Flatbed Trailer - Utility Boat Trailer 14 ft Trailer - Pressure Washer Trl - Heated Forklift 5000 lb Forklift Emergency Response Bobtail P/U Truck / 1 Ton - Emergency Response P/U Truck / F-550 Emergency Response P/U Truck / 1 Ton - Emergency Response Tractor Truck - Rolloff Rolloff Truck - Bobtail Rolloff Trailer, Double Hauler 22 ft GN Trailer, Boat, 3 Deck 16 ft Flatbed Trailer - Utility 16 ft Emergency Response Trailer 28 ft. GN Emergency Response Trailer/Command Storage Location Austin Dallas Dallas Ft. Worth Ft. Worth Ft. Worth San Antonio San Antonio San Antonio Storage Location Austin Austin Austin Austin Austin Austin Austin Dallas Dallas Dallas Dallas Dallas Dallas Dallas Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth Ft. Worth 16 ft Trailer - Pressure Washer Trl - Heated 1 I Ft. Worth JimS Environmental Services L.P. # of Units 2 2 1 1 1 1 4 1 1 4 1 7 AM Md -moo Name of Equipment Type # of Storage Manufacturer Units Location C & S Trailer 14 ft Trailer - Transfer Trailer 1 Ft. Worth Boat Trailer 1 Ft. Worth 24 ft. GN Flatbed Trailer - Utility 1 Ft. Worth Breco Rolloff Box - 20yd 32 Ft. Worth Breco Rolloff Box - 40yd 12 Ft. Worth V.E. Enterprises 10,000 Gallon Frac Tank 2 Ft. Worth Ford P/U Truck / 1 Ton - Emergency Response 4 San Antonio Wells Cargo 18 ft Emergency Response Trailer 1 San Antonio Top Hat 16 ft Trailer - Pressure Washer 1 San Antonio Modern Mfg. 22 ft GN Double Boat Hauler 1 San Antonio Pace American 28 ft GN Emergency Response Trailer 1 San Antonio C & S Trailer 16 ft GN Flatbed Trailer - Utility 1 San Antonio Top Hat 20 ft GN Cage Trailer 1 San Antonio Ford P/U Truck/F550 Emergency Response -Utility Bed 1 San Antonio C & S Trailer 24 ft GN Flatbed / Box (Combo) ER Trailer 1 San Antonio Kenworth - 2006 Rolloff Truck - Bobtail 1 San Antonio Miscellaneous Equipment Name of Equipment Type I # of Storage Manufacturer Units Location Industrial Scientific 4 Gas Air (LEL,H2S,O2,CO) 2 Austin Rae Systems PID Photo Ionization Detector (PID) 1 Austin Drager - CMS CMS 1 Austin MSA SCBA 4 Austin QRae Systems 4 Gas Air (LEL,H2S,O2,CO) 3 Dallas Rae Systems I Photo Ionization Detector (PID) 1 Dallas Drager - CMS I CMS 1 Dallas MSA SCBA 11 Dallas DBI / SALA Tripod with retrieveal device I 2 Dallas QRae Systems 4 Gas Air (LEL,H2S,O2,CO) 2 Ft. Worth Rae Systems Photo Ionization Detector (PID) 1 Ft. Worth Drager - CMS CMS 1 Ft. Worth Arizona Instruments I Jerome Mercury Vapor Analyzer I 1 I Ft. Worth 1 FID I 1 Ft. Worth MSA / Drager SCBA 16 Ft. Worth MSA Escape Pack 3 Ft. Worth DBI / SALA I Tripod with retrieveal device I 1 Ft. Worth QRae Systems I 4 Gas Air (LEL,H2S,O2,CO) I 2 San Antonio Rae Systems Photo Ionization Detector (PID) 1 San Antonio Scott SCBA 5 San Antonio Scott Escape Pack 3 San Antonio DBI / SALA Tripod with retrieveal device 1 San Antonio Speedaire Portable Air Compressor I 1 I Austin Multiquip 6K Generator I 1 Austin IJ WIEnvironrnASPageT of 21 ental Services L.P. Name of Equipment Type # of Storage Manufacturer Units Location Echo Chainsaw - 14 inch 1 Dallas Westward Portable Air Compressor 1 Dallas Honda 6K Generator 1 Dallas ` Multiquip 6K Generator 1 Dallas Honda Pressure Washer - 1200 psi 1 Dallas Stihl Chainsaw - 16 inch I 2 Ft. Worth Stihl Chainsaw - 25 inch 2 Ft. Worth Speedaire Portable Air Compressor I 1 Ft. Worth Sullair Portable Air Compressor 2 Ft. Worth Multiquip 1 OK Generator w / light tower I 1 Ft. Worth Multiquip 6K Generator 3 Ft. Worth Multiquip 12K Generator 2 Ft. Worth Multiquip 3.6K Generator 1 Ft. Worth EPPS Pressure Washer - 2000 psi 1 Ft. Worth Vanguard Pressure Washer - 3500 psi / Heated 1 Ft. Worth Big Guy Walk Behind Scrubber PW Attachment 1 Ft. Worth Homelite Chainsaw - 14 inch 1 San Antonio Honda Portable Air Compressor 1 San Antonio Briggs & Stratton Portable Air Compressor I 1 San Antonio Multiquip 6K Generator 2 San Antonio General / Kubota Pressure Washer - 3500 psi / Heated 1 San Antonio Air Systems Intl. Coppus Ventilation Fan 1 Dallas Air Systems Intl 1390 cfm Air Blower 1 Dallas Goodall Rubber Chemical Hose - 2 inch - Durodyne 130ft Dallas Goodall Rubber Petro Hose - 2 inch 100ft Dallas Fire Extinguisher Fire Extinguisher ABC 9 Dallas Air Systems Intl Supplied Breathing Air Machine 1 I Ft. Worth Air Systems Intl Regulator Box - Breathing Air Machine 1 I Ft. Worth Air Systems Intl Cool Air Box - Breathing Air Machine 1 Ft. Worth Air Systems Intl Coppus Ventilation Fan 2 I Ft. Worth Air Systems Intl I 1390 cfm Air Blower 1 , Ft. Worth Negative Air Machine 2 Ft. Worth Goodall Rubber Chemical Hose - 2 inch - Durodyne 200ft Ft. Worth Goodall Rubber Petro Hose - 2 inch 800ft Ft. Worth Goodall Rubber I Petro Hose - 3 inch 600ft I Ft. Worth Fire Extinguisher I Fire Extinguisher ABC 27 I Ft. Worth Nilfisk Mercury Vacuum 1 Ft. Worth Air Systems Intl Coppus Ventilation Fan I 1 San Antonio Goodall Rubber Chemical Hose - 2 inch - Durodyne I 100ft San Antonio Goodall Rubber Petro Hose - 2 inch 100ft San Antonio Fire Extinguisher Fire Extinguisher ABC 20 San Antonio Johnson Dayton Page 8 of 21 Boat Motor - 25 hp Outboard I 2 I Austin Drum Head Vacuum I 2 Dallas DIMS Environmental Services L.P. Name of Equipment Type # of Storage Manufacturer Units Location Homelite Box Blower 2 Dallas Portable Light Stand 3 Dallas Mercury Boat Motor - 25 hp Outboard I 1 Dallas Pirojue Boat - 10 ft - Fiberglass I 1 Dallas Troy Built Weedeater 1 Dallas Dayton Drum Head Vacuum 3 Ft. Worth Calgon Carbon Filtration System 4 , Ft. Worth AMS Subsurface Sampling Equipment 2 Ft. Worth Homelite Box Blower 4 Ft. Worth Portable Light Stand 3 Ft. Worth Mariner Boat Motor - 30 hp Outboard 1 + Ft. Worth Mariner Boat Motor - 25 hp Outboard 1 Ft. Worth Pirojue Boat - 10 ft - Fiberglass 2 Ft. Worth Ryobi Weedeater 1 Ft. Worth Dayton Drum Head Vacuum 1 San Antonio John Deere Box Blower 1 San Antonio Portable Light Stand 2 San Antonio Mercury Boat Motor - 25 hp Outboard 1 San Antonio Homelite Weedeater 1 San Antonio Confined Space Box 3 Dallas Confined Space Box 2 Ft. Worth vow, Confined Space Box 1 San Antonio Pallet Jack - 5000 lb 1 I Dallas Pallet Jack - 5000 lb 1 Ft. Worth Pallet Jack - 5000 lb 1 San Antonio Nilfisk HEPA Vacuum 1 Dallas Minuteman HEPA Vacuum 2 Dallas _ Minuteman HEPA Vacuum 2 Ft. Worth Minuteman , HEPA Vacuum 1 San Antonio Rigid Wet / Dry Vacuum 1 Dallas Rigid f Wet / Dry Vacuum I 2 Ft. Worth Rigid Wet / Dry Vacuum I 1 San Antonio Bunker Gear 4 sets Dallas Bunker Gear 6 sets Ft. Worth Bunker Gear 6 sets San Antonio MSA , Respirator 6 Austin MSA I Respirator I 18 Dallas i MSA l Respirator 25 Ft. Worth Scott I Respirator 10 San Antonio Dallas Steel Drum Drum Overpack, 85 gal steel 20 Austin Dallas Steel Drum Drum Overpack, 85 gal steel 20 Dallas s Dallas Steel Drum Drum Overpack, 85 gal steel 20 Ft. Worth Dallas Steel Drum Drum Overpack, 85 gal steel 20 San Antonio Page 9 of 21 *]Environmental Services L.P. Pumps / Equipment r Suction/ Mfg. Name of Disch. Pump Manufacturer Model Number Size Rate Qty. Storage Location (inches) (Rpm) Wilden M-2 Poly 2 50 1 Austin Wilden M-2 Aluminum 2 50 1 Austin Wilden M-8 Aluminum 2 180 1 Austin Yanmar L48AE-DEB 2 180 1 Austin Multi -Quip QP205SH 2 180 1 Dallas Multi -Quip QP202TH 3 250 I 1 Dallas ARO Ingersollrand M-8 SS 2 180 1 Dallas ARO Ingersollrand M-1 1 35 2 Dallas ARO Ingersollrand l M-2 / SS 1 50 I 1 Dallas i Multi -Quip I QP40TH 4 350 1 Ft. Worth Wilden M761870 - M15 2 250 1 Ft. Worth Honda WT30X 3 250 1 Ft. Worth Multi -Quip I EY-15 2 180 I 1 Ft. Worth ARO Ingersollrand M-8 Poly 2 , 180 I 1 Ft. Worth Multi -Quip I QP-202TH 3 200 1 Ft. Worth Yanmar L48AE-DEB I 2 180 1 Ft. Worth ARO Ingersollrand I M-8 SS 2 180 1 Ft. Worth Multi -Quip I GX160 I 2 180 2 Ft. Worth ARO Ingersollrand I M-1 1 35 2 Ft. Worth ARO Ingersollrand M-2 1 50 I 1 Ft. Worth Tecumseh Floating Pumps I 2 180 I 2 Ft. Worth ARO Ingersollrand (stainless steel) 666101-444 / M-1 1 35 1 Ft. Worth Wilden M-8 SS 2 180 1 San Antonio ARO Ingersollrand M-1 1 , 35 , 1 San Antonio ARO Ingersollrand M-1 SS 1 35 1 San Antonio Yanmar L48AE-DEB I 2 180 I 1 San Antonio Honda WT30X 3 250 1 San_ Antonio Vacuum Equipment Mfg. Recovery Storage Hose Name of Model Suction Rate Capacity Invent # of Storage Manufacturer Number (inches) (gpm) (gallon) (feet) Units Location Keith Huber / Freightliner - 2000 LN8000 28 200 3000 150 1 Austin Keith Huber / Freightliner - 2000 `LN8000 28 200 3000 I 150 2 Ft. Worth Volvo 28 200 5000 150 1 Ft. Worth '! PressVac / Kenworth - I 2004 I 28 200 3000 150 1 Ft. Worth Md Page 10 of 21 E nMS AS Services L.P. Response Boats .w I Name of Model Number Horse Length/ # of Storage Location Manufacturer Power Beam Boats Lowe 1650 25 16' 2 Austin Alumaweld 1650 25 16' 1 Dallas Alumaweld 1650 30/25 16' 2 Ft. Worth Alumaweld 1650 25 16' 1 San Antonio Alumaweld 1450 25 14' 1 San Antonio Skimmer Equipment Mfg. Hose Size Name of Model Number Recovery Suction/ # of Storage Location -� Manufacturer Rate Discharge Units (gpm) (inches) Douglas Engineering 4200SH Skim Pack 68 2 2 Austin Elastec Pneumatic Roll 180 2 1 Austin Douglas Engineering 4200SH Skim Pack 68 2 1 Dallas ACME Products Co., Inc. FS400ASK-39T 275 3 1 Ft. Worth Douglas Engineering 4200SH Skim Pack 68 2 2 Ft. Worth Elastec Pneumatic Roll 180 2 2 Ft. Worth Wacker Single Diaph Pump 3 1 Ft. Worth ACME Products Co., Inc. FS400ASK-39T 275 3 1 San Antonio Sorbents � Name of I Model Number # Storage Location Manufacturer i Int'l Permalite Corp. DICA18 — Particulate 30 Austin I Complete Env P100 — Pads 25 Austin Complete Env B510 — Boom 20 Austin Complete Env B810 — Boom 20 Austin Int'l Permalite Corp. DICA18 — Particulate 30 Dallas Complete Env PIN — Pads 25 Dallas Complete Env B510 — Boom 20 I Dallas Complete Env B810 — Boom 20 Dallas Intl Permalite Corp. DICA18 — Particulate 50 Ft. Worth Complete Env P100 — Pads 50 Ft. Worth Complete Env B510 — Boom I 20 Ft. Worth Complete Env B810 — Boom 20 Ft. Worth Intl Permalite Corp. DICA18 — Particulate 30 San Antonio Complete Env P100 — Pads 25 San Antonio Complete Env B510 — Boom 20 San Antonio Complete Env B810 — Boom 20 San Antonio Page 11 of 21 TA5 Environmental Services L.P. Equipment and Products .. TAS Environmental presents complete environmental solutions to its clients. Offering quality equipment and products at a reasonable cost further ensures that the client's needs are met. Well versed in the advantages and limitations of the industry's products, TAS inventories the following items: ➢ Sorbent Material ➢ OPA-90 Spill Kits ➢ Overpack Drums ➢ Containment Boom ➢ Response Trailers ➢ Boom Reels ➢ Skimmers ➢ Wastewater Equipment ➢ Temporary Storage Tanks Industrial Services Routine maintenance, minor environmental incidents, and industrial turn-arounds are a regular part of petrochemical and hazardous materials operational activities. TAS Environmental offers services to ensure that these events are addressed and controlled timely and safely. ➢ Tank Cleaning ➢ Hydro Blasting ➢ Waste Water Treatment ➢ Remediation ➢ Lab Pack Services ➢ Soil Treatment ➢ Pit/Pond Closures ➢ Disposal ➢ Facility Demolition ➢ Dewatering/Filterpress ➢ Site Assessments ➢ Landfill Excavation/Closure ➢ Sewer Cleaning ➢ Acid/Base Neutralizations ➢ UST/AST Removals ➢ Vapor Extraction Systems ➢ Drum Identification and -soil and water Disposal Page 12 of 21 WEnvzAsizonmental Services L.P. r. Waste Transportation Experienced drivers and a diversified fleet of transport equipment haul many types of waste streams including hazardous, nonhazardous, NORM, and NOW wastes. TAS supplies the industry with the following services: ➢ Vacuum Trucks ➢ Vacuum Boxes ➢ Tractor/Trailer Combinations ➢ Roll -Off Boxes ➢ Bobtail Trucks ➢ Frac Tanks ➢ Super -Suckers Waste Management TAS Environmental provides turnkey waste management. TAS researches the most cost effective and environmentally sound methods for disposal. Disposal options can include landfilling, in situ treatment, neutralization, bioremediation, stabilization, and other regulatory appropriate waste minimization processes. As an added benefit to its customers, TAS completes and submits all required documentation to the necessary offices and agencies. As mentioned above, waste streams include, but are not limited to, hazardous, nonhazardous, NORM, and NOW wastes. Services include: ➢ Profiling ➢ Lab Packing ➢ Manifesting ➢ Treatment ➢ Transportation ➢ Stabilization ➢ Disposal Page 13 of 21 z8S Environmental Services L.P. Training Adequate training helps to prevent an environmental incident from turning into a major crisis. OSHA outlines and defines the legal training requirements for workers subjected to potentially hazardous situations. TAS specializes in three areas of training: Oil Svill. HazMat, and Confined Space Rescue. OSHA Classes are taught according the 29 CFR 1910. Other training classes are tailored to each client's needs and address client -specific work policies. ➢ 40 Hour Hazardous Waste Operations ➢ 24 Hour Emergency Response ➢ 8 Hour Refresher ➢ Confined Space ➢ 16 Hour Incident Command ➢ Confined Space Refresher ➢ Hazardous Communications ➢ Bloodborne Pathogens ➢ Hazardous Material Transportation ➢ Containment Boom Deployment ➢ Site Specific Training ➢ First Aid and CPR ➢ Vertical Rescue ➢ HZS ➢ Low to High Angle Rescue Industrial and Safety Services TAS Environmental develops sound, practical, and customized Industrial Hygiene and Safety Programs for its clients. TAS helps to implement and offers technical support for all steps of the various plans. ➢ Health and Safety Plans ➢ Air Monitoring: Ambient, Worksite, Personnel +� (OSHA, EPA, NIOSH development methods) ➢ Industrial Hygiene ➢ Toxicology ➢ OSHA Compliance ➢ Program Development and Assessments (physical, chemical, and biological) Page 14 of 21 Environmental Services L.P. s Licenses and Permits United States Environmental protection Agency (USEPA) Transporter Registration United States Department of Transportation (USDOT) Motor Carrier Registration Motor Carrier Registration Hazardous Materials 2007-2010 Interstate Commerce Commission Motor Carrier Hazardous Material and Freight i ICC Registered States Arkansas Louisiana Oklahoma Texas i International Fuel Tax Agreement State Permits Arkansas Hazardous Material Transporter Oklahoma Hazardous Material Transporter Texas Texas Department of Transportation Texas Asbestos Transporter Texas TCEQ Transporter Solid i Texas TCEQ Sludge Transporter Texas Railroad Commission P-5 Texas Oil & Gas Waste Hauler's Permit 'w Louisiana Hazardous Materials, Site Remediation Hazardous Waste Treatment and Disposal State Licenses _ Texas Asbestos Abatement Contractor Form 2290 Heavy Highway Vehicle Form BOC-3 Broker Permit Form E Certification of Insurance r- Form MCS-90 Endorsement for Insurance Page 15 of 21 TXR000061283 US DOT 1290853 052907552097PR MC501983P TX-20145492816 M 194274 UPM-01290584-OK 005936059C 400352 87605 23692 836227 WHP-4195 51354 800822 WFSAEironmental Services L.P. A� fffi liations To aid in the mitigation of environmental damage and to provide a larger responding force, TAS W Environmental affiliates itself with the following organizations: ➢ Better Business Bureau ➢ Dallas / Fort Worth Council of Safety Professionals ➢ San Antonio Chamber of Commerce ➢ Industry Council on the Environment ➢ North Local Emergency Planning Committee for Collins, Dallas, Denton, Johnson, Navarro, Parker, Tarrant, and Wise Counties ➢ South Local Emergency Planning Committee for Bexar, Guadalupe, Bandera, Frio, Wilson, Atascosa, Medina, Victoria, DeWitt, Comal and many others ➢ National Tank Truck Carriers Association ➢ Petroleum Education Council ➢ San Antonio Council of Safety Professionals ➢ S.T.E.P. (Society of Texas Environmental Professionals) ➢ Texas Alliance of Energy Producers ➢ Texas Department of Health Authorized Asbestos Contractor ➢ Texas Petroleum Marketers Association ➢ TMTA (Texas Motor Transportation Association) M no i Page 16 of 21 S XrOnmeAntal Services L.P. Key Personnel J SALZER, President of the G.P., has over 21 years of experience in the emergency response and hazardous waste management business. He has responded to over 5,000 emergencies in the last 17 years which has earned him numerous accolades from the petroleum -chemical industry for his work and management of emergencies. Mr. Salzer has supervised and managed emergencies including train derailments and truck accidents, tanker truck roll-overs/transfers, anhydrous ammonia spills, sulfuric acid spills, plant explosions and fires. Mr. Salzer's experience in emergency response has made him a capable leader who can not only respond to the emergency, but also can control and manage the cleanup cost. JEREMMY S. MCENTIRE, North Texas Operations Manager, has over 14 years of applied Emergency Response experience. Mr. McEntire holds numerous certifications and is also an Intermediate Instructor through the Texas Commission on Fire Protection and a Certified Paramedic Instructor through the Texas Department of Health. Jeremmy has managed and responded to incidents involving train derailments, truck accidents, tank -truck rollovers / transfers, acid spills, pesticide spills, fires, and plane crashes. Mr. McEntire's organizational and detail oriented skills allow him to effectively manage budgets, equipment, and the ability to integrate new and creative ideas into the overall operation of TAS. FORREST ZOLCZER, South Texas Operation Manager, has over 17 years in the emergency response community. Mr. Zolczer has spent time as a police officer as well as a firefighter. As a firefighter he was assigned to a multi jurisdictional task force, tasked with responding to hazardous materials and incidents of terrorism. Mr. Zolczer has also managed the hazardous materials / WMD training program at Louisiana State University, as well as an Instructor for the Office of Domestic Preparedness thru Texas A&M University. Forrest currently holds numerous certifications in Law Enforcement, Firefighter, Hazardous Materials and WMD. PETER F. SLAVIK, Corporate Health and Safety Manager, has been involved in the Environmental Health and Safety industry for 10 years. Mr. Slavik has an Associates Degree in Occupational Safety and Health and an Associates Degree in Hazardous Materials Management from Texas State Technical College. Throughout his collegiate and professional career Mr. Slavik has developed several Contingency Plans to include Environmental Response activities and has also developed a variety of OSHA compliant plans. Mr. Slavik has also instructed on a variety of subjects including Hazardous Waste Awareness classes, Hazardous Material Shipping classes, Hazardous Communications classes, and Powered Industrial Truck classes. Mr. Slavik has been 40 hour HAZWOPER certified for 11 years and is currently a Certified as an Occupational Hearing Conservationist by the Council for Accreditation in Occupational Hearing Conservation. 1 Page 17 of 21 IW MnmentalSEServices L.P. Key Personnel STACY BOULTINGHOUSE, Project Manager, has over 7 years experience in the environmental industry in the compliance and management of environmental projects. Ms. Boultinghouse has dealt extensively in the following: permitting and management of municipal solid waste facilities and related transportation issues in the State of Texas; geotechnical assistance; knowledge of operation of drill rigs and the installation of groundwater monitoring equipment; perform and supervise groundwater monitoring; perform and supervise soil and surface water sampling; perform and supervise RCRA sampling and analysis; manage permit and regulatory compliance and reporting for industrial solid waste and hazardous waste operations and facilities; and prepare and conduct health and safety training and audits. Ms. Boultinghouse -- has previously worked as a Geologist (Permitting) and an environmental investigator (Field Operations) for the Texas Commission on Environmental Quality (TCEQ). Ms. Boultinghouse is a Licensed Professional Geoscientist through the State of Texas Board of Professional Geoscientists, license number 4889. ROBERT W. BRIGGS, Operations Supervisor, has 21 years experience working with hazardous materials and as a firefighting instructor in the United Sates Navy. He has five additional years of experience working as an emergency responder for petroleum, chemical, blood borne pathogens and poison spills from TAS' Fort Worth office. Additionally, Mr. Briggs has supervised numerous demolition, remediation and confined space projects at various semi- conductor facilities. He holds certificates in Hazardous Material Response, Confined Space/High Angle Rescue, Firefighting and Railroad Tank Car Safety and Transfer. JAMES BROWN, Operations Supervisor, holds an Associate Degree in Fire Technology. He is a Master Firefighter and a Paramedic in the state of Texas. He has 13 years of experience in the hazardous materials emergency response field. Mr. Brown has responded to train derailments, truck accidents, tanker truck roll-overs/transfers, and acid spills. Through his experiences in emergency response and firefighting, Mr. Brown has gained valuable leadership skills and acquired a high level of safety awareness. BRENT CAMFIELD, Foreman / Heavy Equipment Operator, has been with TAS for 9 years and has a total combined 31 years experience in the commercial construction and environmental field. Brent is licensed to install and remove underground storage tanks (UST) very knowledgeable with heavy equipment operations, soil remediation projects, tank cleaning operations estimations and numerous hazardous material projects that also include a large natural disaster project in Corpus Christi, TX. JEFFERY FINCKE, Supervisor, has over 13 years experience in the emergency response field and has responded to a variety of incidents, spills, leaks and derailments. Mr. Fincke has been with the Boerne Fire Department for 32 years serving as the chief for the past 22 years; he has been employed by the Castle Hills Fire Department for 29 years, serving as a Lieutenant for the past 22 years; and he has been a member of Kendall County EMS for 27 years. Mr. Fincke is the part-time administrator for Kendall County, where he also serves as the County Fire Marshall and 911 Coordinator. In addition, Mr. Fincke has over 600 hours of training in hazardous materials and is a certified paramedic with the Texas Department of Health. He is called upon by the county, surrounding counties, and San Antonio suburb departments for assistance with hazmat incidents. Page 18 of 21 4LVIEnv!!roLental Services L.P. Key Personnel GREG GRIMES, Supervisor/Operator, Mr. Grimes has been involved in the environmental field since 1987. With roots in pipeline maintenance and remediation, Mr. Grimes has worked on long term superfund and massive construction sites. Mr. Grimes has been trained in asbestos abatement, NORM procedures, and hazardous materials response in addition to holding a CDL with Hazardous Materials endorsement. Mr. Grimes's background in industrial services also includes vacuum truck operations, air mover operations, hydro blasting, tank cleaning, confined space entry and rescue as well as waste management. Mr. Grimes has responded to and managed hundreds of highway incidents, in addition to train derailments, spills on waterways and pipeline ruptures. The experience and training that Mr. Grimes brings to TAS Environmental is enormous and we are proud to have him on our team. LINDSEY NAYLOR, Project Manager, has over 6 years of experience in the emergency response and environmental field. Ms. Naylor has over the years managed long term projects, including hurricane relief, demolitions and remediation. Throughout Ms. Naylor's experience she gained the knowledge of compliance regulations for local, state and federal agencies. As an ... addition, Ms. Naylor was once a construction business owner herself and has extensive knowledge in business development and marketing strategies. EDDY R. MCCOWN, Lead Pipeline Technician has 28 years of experience in the pipeline industry. His experiences include locating the pipelines, looking for signs of leaks from underground pipelines, environmental dangers to the pipeline that could cause damage to the T pipelines. He has responded to several pipeline releases and has worked with TAS on these releases. Mr. McCown has three years experience in training and safety as a safety lead over the North Texas Area, in Trench and Excavation Safety and holds Competent Person Awareness for this achievement. JACKIE NUNEZ, Business Development. attended the University of North Florida in Jacksonville, Florida. Mrs. Nunez has over 17 years of experience in sales, marketing and i management. She has over 10 years of experience in the waste industry, as a former employee of BFI Jacksonville, Construction and Demolition Account Manager. Mrs. Nunez developed the Construction and Demolition segment for BFI by analyzing the types of commercial construction a projects to determine the amount and type of waste generated per construction type at each stage of the construction project, enabling clients to determine their waste expenditure and budget projects accordingly. Mrs. Nunez conducted corporate presentations on the development and success of the Construction and Demolition Segment. In addition, as a former business owner, Mrs. Nunez has the experience and knowledge required to understand the overall mechanics of owning and operating a business; Marketing, Sales, Accounting, Merchandising and Customer and Public Relations. Mrs. Nunez has successfully coordinated and orchestrated national events hosting over 200 guests. EDWARD RODRIGUEZ, Foreman, has over 7 years experience in emergency response and project management for hazardous and non -hazardous remediation projects. Mr. Rodriguez has extensive training in Waste Disposal, Transporting Hazardous Materials, OSHA Safety, and Emergency Response Operations. Mr. Rodriguez speaks Spanish fluently and has supervised numerous jobs across the Mexican borders which have required bilingual skills. Proficient in the operation of all types of heavy equipment, Mr. Rodriguez has supervised and performed numerous remediation and highway excavation projects over the last 7 years. *1EMAirovurnentalSPage 19 of 21 Services L.P. Key Personnel GLYNN SCHMIDT, Operations Supervisor, brings to TAS over 26 years of experience in the bulk chemical and hazardous material distribution industry. Retired from Paktank Corporation (Vopak) in 1998, Mr. Schmidt held key management position in the corporation such as Operations Manager, Safety, Health, and Environmental Manager, and Terminal Manager while working in three of the Corporations' facilities in the United States. While managing the Safety and Environmental affairs for the Deer Park, TX location, Mr. Schmidt was heavily involved in the Houston Ship Channels' Mutual Aid Organization (CIMA) holding positions as "Fire Fighting Specialist" and "Secretary" for the organization. While working as Safety and Environmental Manager, Mr. Schmidt served for fire (5) years as an EMT and Volunteer Firefighter in the Deer Park Municipal Fire Department and actively instructed both Municipal and Industrial Firefighting at Texas A & M University. In the final three years with Paktank Corporation, Mr. Schmidt worked as Corporate Consultant and contributed to such projects as _ acquisitions and take-over of new facilities by the Corporation, Global Air Permitting, and ISO 9002 Certification Processes. After 1999, Mr. Schmidt worked as "Consultant" for an Industrial Tank Cleaning Company based in Houston, TX performing Estimating and Project Management Md and most recently as Owner and Operator of Southwest Dozer & Demolition, Inc. a Bulldozing and Demolition company servicing Southwest Texas WALTER J. SNEED, Austin Operations Manager, has over 10 years in the emergency community. Mr. Sneed retired from the US Army as a First Sergeant with 21 years of service. The last 10 years of his career he was assigned to the 6 h Civil Support Team (Weapon of Mass Destruction). The 6 h Civil Support Team (WMD) is FEMA region 6 Emergency Response Unit, i` tasked with responding to Chemical, Biological, Radiological and Nuclear (CBRN) terrorist attacks on the United States as well as man made and natural disasters. While assigned to the unit Mr. Sneed responded to numerous hazardous material responses in the Texas. Mr. Sneed was the safety officer and decon specialist for the unit. Mr. Sneed currently holds numerous certifications in Hazardous Materials, CBRN and WMD. CAS SOMMERFELDT, Operations Manager, has over 15 years experience in Waste Management, Commercial Remediation, Emergency Response, and Semi Conductor / Fabrication operations. Mr. Sommerfeldt spent 14 years at George A. Hormel Company in General Operations, helping to develop "CIP" systems, common in most food plants today. Cas then joined Trinity Industries, Railcar Repair and worked for environmental as a Project Manager. In 1993 he started at Texas Instruments as a Supervisor for the Decontamination / Emergency Response Team. While at T.I., he managed the waste bulk solvent system for the North Dallas Campus, along with overseeing the operations of the Recycling facility. Cas was also used as Project Manager for numerous site shutdowns. He also holds certification in Emergency Response, Industrial and Hazardous Materials Management, Confined Space Rescue, Lockout / TagOut, Asbestos and Mold removal. TODD TRICE, Project Manager, has over 5 years experience in the environmental industry Now with a specialization in large remediation and earth moving projects, as well as remediation of LPST sites. Mr. Trice has a B.S. degree in Environmental Science from Texas A&M University, and spent two years working on post graduate studies and as a teaching and research assistant in the College of Geosciences. Todd has a solid history of managing broad scale environmental projects from the bid walk, estimating, and bid preparation all the way through to the field activities, invoicing, and closeout. His attention to detail, organizational skills, leadership, and diligent, yet flexible approach to problem solving has lead to numerous successful projects being -WWI completed on time, within budget, and with satisfied clientele. Md Page 20 of 21 PTA Envirosnmental Services L.P. Key Personnel MICHAEL WOFFORD, Operations Foreman, has over 12 years experience in the hazardous .... materials field, 12 years as a Certified Intermediate Firefighter with Texas Commission of Fire Protection, 6 years Certified Hazardous Materials Technician with the Texas Commission of fire �. Protection and 15 years in the EMS field, 11 of which hold a paramedic certification with the Texas Department of Health. Mike has responded to many incidents involving pipeline breaks, tanker truck roll-overs / transfers, pesticide spills, lab packaging, and acid spills. Mike is also experienced in heavy equipment operations. SCOTT A. WOLFF, Health and Safety, has been a professional for the past ten years, entering the profession following a twenty year career in the Public Safety arena. Scott holds an Advanced Peace Officer certification as well as Peace Officer Instructor license, is an O.S.H.A. 501 Instructor. Scott has attended the CERT Train the Trainer course offered through FEMA in conjunction with the Texas Engineering Extension Service. Mr. Wolff holds a bachelors degree in Sociology from Southwest Texas State University. Scott has served as the Risk and Safety Manager for a major non-profit continuing care community, as well an independent school district. Scott has served as a health and safety coordinator in the Middle East for a government contractor. Mr. Wolff has OSHA 30 hour certifications in 1910 and 1926, as well as a HAZMAT 40 hour certification. Scott has an abundance of training hours in emergency response actions and planning, and has demonstrated experience in response to a variety of release and spills. JASON L. WRIGHT, Operations Manager, has over 11 years of applied Emergency Response and Environmental Remediation experience. Mr. Wright holds numerous certifications including but not limited to NIMS/ ICS 100 — 300 to having Advanced Rail Car training. Jason's management influence has spanned the intercontinental United States, Canada, and Mexico and �— has involved train derailments, super -fund sites, facility explosions/ fires, commercial/ industrial incidents, aviation accidents, oil and gas incidents, and semi -truck accidents. His response and remediation experience has involved corrosives, toxic liquids/ gases, flammable liquids, oxidizers, pyrophorics, NORM, and many non -hazardous products/ wastes. Mr. Wright's knowledge, detail oriented skills, and leadership allow him to effectively manage personnel and projects; as well as provide customers with a quality service from TAS. M Page 21 of 21 WIEZ84oLental Services L.P. LICENSES & PERMITS A list of all licenses, permits and registrations possessed by TAS Environmental Services L.P. (TAS) is provided below: .. United States Department of Transportation (USDOT) Motor Carrier Registration US DOT 1290853 Motor Carrier Registration Hazardous Materials 052907552097PR 2007-2010 Interstate Commerce Commission Motor Carrier Hazardous Material and Freight MC501983P ICC Single State .. ICC Registered States Arkansas .. Louisiana Oklahoma Texas State Permits Arkansas Hazardous Material Transporter M194274 Oklahoma Hazardous Material Transporter UPM-01290584-OK Texas Texas Department of Transportation 005936059C Texas Asbestos Transporter 400352 Texas TCEQ Transporter Solid 87605 Texas TCEQ Sludge Transporter 23692 Louisiana Hazardous Materials, Site 51354 Remediation Hazardous Waste Treatment .. and Disposal State Licenses ••• Texas Asbestos Abatement Contractor 800822 Form 2290 Heavy Highway Vehicle Form BOC-3 Broker Permit �- Form E Certification of Insurance Form MCS-90 Endorsement for Insurance cam/TAS Environmental Services LP. TEXAS COMPTROLLER Of PUBLIC ACCOUNTS P.O.Box 1352E • AUSTIN, TX 78711-3528 o4ISE C0lki r u �o r ' r8X t.% { r! March 11, 2009 TAS ENVIRONMENTAL SERVICES L.P. 3929 E CALIFORNIA PKWY FOREST HILL TX 76119-7340 E CERTIFICATE OF ACCOUNT STATUS STATE OF TEXAS COUNTY OF TRAVIS I, Susan Combs, Comptroller of Public Accounts of the State of Texas, DO HEREBY CERTIFY that according to the records of this office TAS ENVIRONMENTAL SERVICES L.P. is, as of this date, in good standing with this office having no franchise tax reports or payments due at this time. This certificate is valid through ..r the date that the next franchise tax report will be due, 05/15/2009. This certificate does not make a representation as to the status of the entity's registration, if any, with the Texas Secretary of State. This certificate is valid for the purpose of conversion when the converted entity is subject to franchise tax as required by law. This certificate is not valid for any other filing with the Texas Secretary of State. GIVEN UNDER MY HAND AND SEAL OF OFFICE in the City of Austin, this 11th day of March, 2009A.D. Awl. &Ioto� Susan Combs Texas Comptroller Taxpayer number: 12014549286 File number: 0800373562 Form 05-304 (Rev. 12/07/7) * -03/15, TEXAS SALES AND USE TAX PERMIT so This permit is not transferable, and this side must be prominently displayed in your place of business. M Aterdwift: DO NOT 11 copy of t/tis pow* in place o1 a resale or exemplron Certifioeta. You rvr71 be responsrb/e far sales tax unless you have a valid resale%xemption certificate on file. TAXPAYER NAME, BUSiNESSLOC ATION NAME, and PHYSICAL LOCATION TAS ENVIRONMENTAL SERVICES LP TAS,ENVIRONMENTAL SERVICES LP 3929,CALfFORN1A PARKWAY EAST j FOREST HILL TX 76119 NAICS CODE: 812990 DESCRIPTION ON NEXT LINE: `II Other P�rsonal Services �'dk'SHOW THIS BUSINESS IN THE FOLLOWING LOCAL SALES TAX.AUTHORITIES: CITY: FORE T HILL EFF: 08/30/2OD4 SPD: FOREST HILL LIS DIST EFF; 08/30/2W4 SPO, FOREST HILL CRIME CON - EFF_08/30/2004. _ You must obtain a new permit N there is a change of ownership, location, or business location name. Type of permit SALES AND USE TAX Taxpayer number 1-20-1454928-6 Outlet number 00001 ... �� "St bums" "'a 08/30/2004 6 CAROLE KEETON STRAYHORN Comptroller of Public Acoounte YOU MAY NEED TO COLLECT SALES AND/OR USE TAX FOR OTHER LOCAL TAXING AUTHORITIES DEPENDING ON YOUR TYPE OF BUSINESS. If you have any questions regarding sales tax, you may contact the Texas State Comptroller's field office in vour 1rea rgll 1-8r-252-5555, toll free. nationwide. The Austin number is 512/463-4600. 11 you are calling from a Telecommunications Device for the Deaf (TDD), th, )-248-4099, or in Austin, 512/463-4621. 0 COMPANY'S NAME: PROJECT NAME: ADDRESS: CITY: STATE: CONTACT PERSON NAME: CONTACT PERSON TITLE: PHONE NUMBER: EMAIL ADDRESS: PROJECT DESCRIPTION: PROJECT START DATE: PROJECT VALUE: REFERENCES CITY OF FORT WORTH EMERGENCY RESPONSE CONTRACT (36692) 1000 THROCKMORTON FORT WORTH TEXAS I ZIP: ERIC MASON ENVIRONMENTAL MANAGER 817-871-5465 1 FAX: EMERGENCY RESPONSE TO AN OVERTURNED MILK TRUCK. Upon TAS crew arrival at the site, TAS' supervisor surveyed the immediate area to begin the development of a plan of action. It was determined that approximately 5,000 gallons of milk had been released during an accident involving a tractor trailer. Upon further investigating it was determined that the accident had occurred on the previous evening. The Fort Worth Fire Department had washed down the street and allowed the milk to enter the storm drains. A small amount of the milk had begun to enter into the Trinity River at the outfall off of Forest Park. TAS crews utilized vacuum trucks to intercept the product at the outfall area and an additional truck was placed two blocks up stream. TAS crews utilized a skid steer loader with a broom attachment to clear any remaining product/sand mixture from the roadway; this waste was placed into 55 gallon drums. Upon the completion of cleanup activities approximately 500 gallons of water was utilized to flush any remaining product in the storm drains. NOVEMBER I PROJECT END I NOVEMBER 2008 DATE: 2008 $ 8,900.00 WI � Environmental Services LP. rn i COMPANY'S NAME: PROJECT NAME: ADDRESS: CITY: STATE: CONTACT PERSON NAME: CONTACT PERSON TITLE: PHONE NUMBER: EMAIL ADDRESS: PROJECT DESCRIPTION: PROJECT START #... DATE: PROJECT VALUE: CUNNINGHAM & LINDSEY MAYFIELD & HIGHWAY 360 — TANK ROLLOVER PO BOX 703689 DALLAS TEXAS ZIP: 175370 MARK LUEHRS OPERATIONS MANAGER 214448-5139 1 FAX: mluehr0k]-na.com / coastalmldfw*aol.com EMERGENCY RESPONSE TO A GASOLINE TANKER ROLLOVER THAT IGNITED. Project involved; site mitigation, highway closure, initial site cleanup, sampling/boring, analytical, site remediation (dig & haul), transportation, disposal and full site restoration. Approximately 1400 cubic yards of contaminated soil was transported for disposal. SEPTEMBER I PROJECT END INOVEMBER 2008 DATE: 2008 $ 330,000. 0 TAS Environmental Services L8 i COMPANY'S NAME: PROJECT NAME: ADDRESS: i CITY: STATE: CONTACT PERSON NAME: CONTACT PERSON TITLE: PHONE NUMBER: EMAIL ADDRESS: PROJECT DESCRIPTION: i PROJECT START DATE: PROJECT VALUE: CCS MIDSTREAM HORSESHOE DISPOSAL FACILITY 17660 hwy 377 CRESSON TEXAS ZIP: STEVE WOOD DISTRICT MANAGER 817.243.8551 1 FAX: EMERGENCY RESPONSE TO LIGHTENING STRIKING TANK BATTERY SITE. Lightening stuck 4 fiberglass tanks that contained condensate and saltwater. Approximately 600 barrels of saltwater was released and 150 barrels of condensate was released that impacted the surrounding area. Site mitigation, soil sampling and boring, analytical, transportation and disposal of liquids. Approximately 1500 cubic yards of impacted soil was transported for disposal. Tank demolition and pit closures are currently being performed and site remediation/restoration will conclude. There will continue to be more impacted soil that will be transported and disposed. MAY 2009 IDATE: PROJECT END ICURRENT CURRENTLY $ 85,000. * TAS Environmental Services L8 COMPANY'S NAME: TIDEPORT DISTRIBUTING PROJECT NAME: AVIATION FUEL RELEASE ADDRESS: 16031 DEZEVALA CITY: CHANNELVIEW STATE: TEXAS I ZIP: 177530 CONTACT PERSON JERRY SIMPSON NAME: CONTACT PERSON SAFETY DIRECTOR TITLE: PHONE NUMBER: 281.862.9668 FAX: 1 281.797.5961 EMAIL ADDRESS: N/A PROJECT EMERGENCY RESPONSE TO ANAVIATION FUEL DESCRIPTION: RELEASE. Approximately 7,650 gallons of aviation fuel was onboard an overturned cargo tanker. Liquid was observed leaking from the underside of the tank at an unknown source point. A total of approximately 2,637 gallons was recovered from the transfer. The pooled product located at the first earthen dam was also recovered, totaling approximately 1,767 gallons. The site was further examined and a total of five (5) access seep holes were exhumed to recover product seeping from the ditch. Using a vacuum truck TAS was able to recover approximately 1,800 gallons from these seep holes. Leaving approximately 1,446 gallons unaccounted, the impacted area was excavated to an approximate depth of three (3) feet. Heavy equipment was utilized to excavate and load roll -off containers with the impacted soil. The loaded roll - off containers were staged at nearby TxDOT yards pending transport and disposal. During the excavation activities, periodic grab samples were obtained and visually determine if the soil was impacted with aviation fuel (noting a change in color and odor in the impacted soil). Once acceptable depths were reached excavation activities ceased. A total of nine (9) soil samples were obtained from the excavation area for clearance purposes to be analyzed for Total Petroleum Hydrocarbons (TPH). TAS provided sixteen (16) end dump trailers and one (1) additional roll -off box to be loaded by CSM operators. Once all waste was removed from the site, a CSM operator commenced preparing the area for restoration. PROJECT START PROJECT END MARCH 2O08 FEBRUARY IDATE: DATE: 2008 PROJECT VALUE: $ 106,000. &TAS Environmental Services UE qw STAFF MATRIX WTAS Environmental Services LE CJ M STAFF MATRIX -- KEY PERSONNEL QUALIFICATIONS AND REFERENCES RESPONDENT NAME: TAS Environmental Services L.P. KEY PERSONNEL INFORMATION RESPONSE FULL NAME: Todd Trice NUMBER OF YEARS EMPLOYED BY RESPONDENT: 2 TITLE Project Manager KEY PERSONNEL QUALIFICATIONS #YRS EXP. HOW/WHERE OBTAINED NUMBER OF YEARS IN Project Management 2 TAS Environmental Services LP 7 Eagle Construction/Environmental SPECIFIC EDUCATION, QUALIFICATIONS, TRAINING, EDUCATION CERTIFICATIONS: MS / Geosciences (Texas A&M University) BS / Geosciences (Texas A&M University) PROFESSIONAL REGISTRATIONS / CERTIFICATIONS s 40 Hr Hazwoper & 8 Hr Refresher Reference: #1 Name of Or anization: XDDRESS: Wright Construction Company BUSINESS 601 West Wall BUSINESS CITY: Grapevine BUSINESS STATE: Texas ZIP: 76051 CONTACT PERSON NAME: John Kolb CONTACT PERSON TITLE: Project Manager PHONE NUMBER: 817.481.2594 1FAX: 1817.481.2369 EMAIL ADDRESS: jkolb(c),wrightconst.com Project Title: Soil remediation for water line installation PROJECT DESCRIPTION & DOLLAR AMOUNT: (Excavate soil contaminated by LPST $85,000.00 ROLES AND RESPONSIBILITIES Project Management - Project point of contact, scheduling, budgeting, oversight of OF THE PROPOSED STAFF personnel, and safety. DURING THIS PROJECT PROJECT START DATE: I May-081PROJECT END DATE: I Jun-08 Irms 1Qw0wPwP-_ Environmental Services L.P. Todd Trice Has completed 8 HOURS HAZARDOUS MATERIALS REFRESHER IN ACCORDANCE WITH OSHA 29CFR 1910.120 May 5, 2009 Instructor Training Coordinator 3929 E. California Pkwy., Fort Worth, Texas 76119 • (817) 535-7222 • (888) 654-0111 IrILS Environmental Services L.P. Todd Trice Has completed Confined Space Entrant and Rescue Refresher Training IN ACCORDANCE WITH OSHA 29 C.F.R. 1910.146 July 3, 2008 P'a' k'<4j, Instructor Training Coordinator 3929 E. California Pkwy., Fort Worth, Texas 76119 • (817) 535-7222 • (888) 654-0111 Course Completion Date: % �t! lV-7 Expiration Date: Name (o 1r"C=P: Address Z ((-Dckew Q17ie Address ��11a►�,T� 79'3� City, State, Zip 1 Training Center: /� dvi�✓piTi Instructor Name:' Instructor Number: � 1 AM Ed Security Control No. 594442 _ EMERGENCY CARE -own lq_\b� CPR Course. CERTIFICATE OF COMPLETION This certifies that the person named above has successfully completed a National Safety Council CPR Course based on the current standards and guidelines for CPR and ECC THIS DOCUMENT IS VOID IF REPRODUCED .W Founded in 1913, the National Safety Council is a non -governmental, not -for -profit international public service r organization devoted to protecting life and promoting health. Our mission: to educate and influence society to adopt safety, health and environmental policies, practices and procedures that prevent and mitigate human suffering and economic losses arising from preventable causes. Remember to use your safety belt. Keep children buckled, in the back seat. 7—onD kzt CE has completed a National Safety Council's CPR Course Course �' gCo pletion Date: Expiration Date: Instructional Hours C. Alan C. McMillan, President TRAINING CENTER av �? Instructor Name l 1�5� Instructor Number Security Control No. 594442 ' TM OIL ULMrju -7 Course Completion Date: Expiration Date: �{ C►S t� l Security Control No. 244855 i mid — Name Address .Z 6-CG<&,�- avzk Address L4eve_tL- _ j City, State, Zip �C 7jj Training Center: A�yent Instructor Name: C)a-le, Paw,50 1 Instructor Number: _ Emergency Care I D (R`GC First Aid Course CERTIFICATE OF COMPLETION MWNano, This certifies that the person named above has successfully completed the National Safety Council First Aid Course THIS DOCUMENT IS VOID IF REPRODUCED WEI i TM Founded in 1913, the National Safety Council is a non -governmental, not -for -profit international public service organization devoted to protecting life and promoting health. Our mission: to educate and influence society to adopt safety, health and environmental policies, practices and procedures that prevent and mitigate human suffering and economic losses arising from preventable causes. Remember to use your safety belt. Keep children buckled, in the back seat. (9 _T I has completed a National Safety Council's First Aid Course Course Completion Date: 111570-7 Expiration Date: ` 1i 5-�a i Hours �RLInstructional C. 2— Alan C. McMillan, President AJV'r& TRAINING CENTER bAb Pawl�_On IIV3 Instructor Name Instructor Number No Security Control No. 244855 STAFF MATRIX KEY PERSONNEL QUALIFICATIONS AND REFERENCES RESPONDENT NAME: TAS Environmental Services L.P. KEY PERSONNEL INFORMATION RESPONSE FULL NAME: NUMBER OF YEARS EMPLOYED BY RESPONDENT: TITLE KEY PERSONNEL QUALIFICATIONS #YRS EXP NUMBER OF YEARS IN Emergency Response & Heavy Equipment Operator SPECIFIC EDUCATION, QUALIFICATIONS, TRAINING, EDUCATION CERTIFICATIONS: Reference: #1 Scott D. Halley 1 Response Technician Heavy Equipment Operator HOW[WHERE OBTAINED 1 TAS Environmental Services LP 5 Hulcher 1 Eagle Construction 2 Longview Fire Department PROFESSIONAL REGISTRATIONS / CERTIFICATIONS 40 Hr HazWoper & 8 Hr Refresher Emergency Management Hazardous Materials Emergency Response Heavy Equipment Safety/Operations Name of Organization: CCS Midstream Services BUSINESS ADDRESS: 17660 HWY 377 BUSINESS CITY: Cresson BUSINESS STATE: Texas ZIP: CONTACT PERSON NAME: Steve Wood CONTACT PERSON TITLE: District Manager PHONE NUMBER: 817-243-8551 FAX: I EMAIL ADDRESS: Contract Title: Horseshoe Disposal Facility Emergency Response to lightening strike of 4 tanks. Release of approximately 150 CONTRACT DESCRIPTION & barrells of condensate and 600 barrells saltwater. Remediation of 1500 cubic yards soil DOLLAR AMOUNT: Current: $80,000 ROLES AND RESPONSIBILITIES Response Technician & Heavy Equipment Operator - Initial site response for OF THE PROPOSED STAFF mitigation and cleanup. Trenched a berm to prevent further contaminated runoff. DURING THIS PROJECT Excavated approximately 1500 cubic yards of contaminated soil. CONTRACT START DATE: May-091CONTRACT END DATE: lCurrent ". I.— ( U. a -- " U& &.- I" I" L 46)!rj%s Environmental Services L.P. Scott D. Halley Has completed 8 HOURS HAZARDOUS MATERIALS REFRESHER IN ACCORDANCE WITH OSHA 29CFR 1910.120 October 07, 2008 Instructor Training Coordinator 3929 E. California Pkwy., Fort Worth, Texas 76119 • (817) 535-7222 • (888) 654-0111 i I 1 1 1. PCs.. I IrILS LALvironmental Services L.P. Scott D Halley Has completed Confined Space Entrant and Rescue Refresher Training IN ACCORDANCE WITH OSHA 29 C.F.R. 1910.146 July 31, 2008 aLk Instructor Training Coordinator 3929 E. California Pkwy., Fort Worth, Texas 76119 • (817) 535-7222 • (888) 654-0111 IrILS Environmental Services L.P. Scott Halley Has completed The Operator Training Safety Course for Counterbalanced Sit-down Rider Forklift Trucks December 3, 2008 kaw._. Instructor Training Coordinator 3929 E. California Pkwy., Fort Worth, Texas 76119 • (817) 535-7222 • (888) 654-0111 1r1LS znvironmental Services L.P. Scott Halley Has completed HoltCat Mini Excavator Computer Based Training and Instructor Supervised Practical Training December 14, 2008 Pa. A, _--_ Instructor Training Coordinator 3929 E. California Pkwy., Fort Worth, Texas 76119 • (817) 535-7222 • (888) 654-0111 ' i I i I I i 1 i L 1 1 # L 1 E L • E DATE I r `6 - d $' COURSE W6 -r- P�, ci, ffl S INSTRUCTOR Course Participants NAME Please PRINT as you wish ;your name to Address Telephone Completa/ Remediation Incomplete Provide&Date Exam Score Date Card iPPear on your card Completed Issued e74 on!'M50-W - NA, 1 � i -i 5--c$ i o r 1 O 2. i/ �Ar� ?"fn16 T� tKt'.t� �"A�S •�nl ��-x�Onrn9cnl�,: %I � yf�~`SS6 3. ` `(4 � 4� 4. 5. '26 �. qof ME ry f� Q]aa� W.: laL..'w>r... 3y. _ JRmES .. , 8. j��opoe� Lb.(t19r»gLf� T S �nvi�er-r.vhc� a v`9275. \ 1W-1-6 0 tJO{ Heartsaver First Aid Course Roster Revised April 2004, page 2 SEC 5 CONTRACTOR SUBMITTALS PROJECT SCHEDULE SAMPLE INVOICE ORGANIZATION CHART �TAS Envimumental Services 49 2.6. Contractor Submittals Bidder shall submit the following items included in this bid submittal, in the same order as listed, following this page, bound within the response. w 2.6.1. Project Schedule: Contractors shall provide a project schedule that includes all major tasks pursuant to the Scope of Work and Specifications. The project schedule shall show all tasks in the left most column and their duration shall be plotted horizontally versus time. A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by 17" wide. The project schedule must be submitted with the bid. During the term of the contract the Contractor shall submit monthly project schedules showing planned work and actual work accomplished. w 2.6.2. Provide a sample invoice and sample project closeout documentation. 2.6.3. Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. 2-8 PROJECT SCHEDULE .�.�Environmental Services L$ TAS Environmental Services, L.P. Proposed Timeline 25-June-2009 PROJECT DEM 09-13: PST Process Step STEP 1 Mobilize Equipment STEP 2 Load and Transport Soil to Disposal Facility STEP 3 Demobilize Equipment, Site Cleanup day — day— - day - 1 2 3 i SAMPLE INVOICE & DOCUMENTATION *xA,monmmW Services I PR TAS Environmental Services L.P. 3929 California Parkway East Fort Worth, TX 76119 Date Invoice # 817-535-7222 Phone 817-535-8187 Fax 6/25/2009 0001 Tax ID# 20-1454928 Bill To Project Location City of Fort Worth 5000 MLK Freeway Environmental Management Dept. Fort Worth, TX Attn: Eric Mason 1000 Throckmorton Fort Worth, TX 76102 P.O. Number Terms Due Date Location Job# Vendor # DEM:09-13:PST Net 30 7/25/2009 FW Quantity Item Code Description Price Each Amount JOBINFO Transportation & Disposal of 950 cy of Petroleum 0.00 0.00 impacted soil 1 PERS-1005 Supervisor 55.00 55.00 1 PERS-1005-OT Supervisor, Overtime 82.50 82.50 1 PERS-1014 Operator, Heavy Equipment 35.00 35.00 1 PERS-1014-OT Operator, Heavy Equipment, Overtime 52.50 52.50 1 AUTO- 1018 Pick -Up Truck, 1 ton or smaller 150.00 150.00 .. 1 AUTO-1024 Skid -Steer Loader 623.25 623.25 1 AUTO-1026 Trailer, Equipment Hauler, Gooseneck 130.00 130.00 1 MSM-1001 Diesel Fuel, 1 gl - (Equipment) 150.00 150.00 1 SVC-TRANS Transportation, Alliance Trucking (20 cy End 1,840.00 1,840.00 Dump) (To SE Landfill) 1 SVC-DISPOSAL Disposal, SE Landfill (Class II) 15,180.00 15,180.00 = We accept American Express, Discover, Master Card, and Visa Subtotal Sales Tax (0.0%) Total $18,298.25 $0.00 $18,298.25 w TAS 36512 Environmental 3929 California Parkway E., Fort Worth, TX 76119 817.535.7222 Fax:817,535.8187 HAZARDOUS ❑ San Antonio * Dallas * Austin ANON -HAZARDOUS DISPOSAL ❑ DAILY TIME / EQUIPMENT REPORT Client Name/f ' Dr ,_' ." I PQ�Nu�mbe;4 �ST TAS Job # f Days Date Work Descri tion: �[�Yjt *r 11>15pC60-1 of °15u C-1 PERSONNEL I Name Title L In Out SIT Orr Orr Rate Srr Rate Total i y SV h(01D IOR) S 3 NEW 2 Todd Tv. cc' 3 4 t*3D I I IJ� 5 3 5 i 6 I 7 8 1 � g _ _11111I 10 I ENT TIP aiy ( Description Rate U Amt Oty Description Rate U Amt ✓ Pickup I I D Hand Tools E I /✓ I Fuel Surcharge 1 E P-100's Sorbent Pads B I I Mileage I - I E — UP-100's Chemical Pads B I I Response Trailer I f D l Sorbent Boom 5" / 8" I B I I I Utility Trailer I I D I Granular Sorbent I E I 12 Y2 Ton ER Truck I I D I pH Paper I E am I I Pressure Wash Trailer I I D I Air Monitor Type 1 D SCBA I E Drums- gal steel / poly E 1 ( ( Full Face Respirator I , E Drums- gal steel / poly ( E I Respirator Cartridge I pr Drum Liners I E I I ( ( Gloves, Nitrile I I pr I Drum Head Vacuum I E I I W Glove Liners, / Cotton / Laytex I pr I Sprayer, Pump, Hand -Held I E ( I I Gloves I I pr I ✓ Communications E I Fully -Encapsulated Suit I E I I Duct Tape L E PE Coated Tyvek I , E I I Degreaser I G a� I Sewn Seam Saranex I I E I I Microbes I G I Taped Seam Saranex I I E I ✓ Photos I_ E I f PPE Level D I ( E Per Diem I Heat Stress ReliefI I 1 Esills �p Legend : D = per day, E = each, G = gallons, B = bale, pr = pair EQUIPMENT I -In_ I Out Mileage I In I Out I Mileage I I Roll Off Truck # I Vac Truck # Roll Off Truck # _ _ _ Vac Truck # ( Roll Off Box # Vacuum Box Roll Off Box # I I Super Sucker I Roll Off Box # Frac Tank 10K 011 Off Box # I I Frac Tank, 20K I i oil Off Liner I ` Analysis I I I Backhoe ( I _ Disposal Track Excavator I Skid -Steer Loader —Bucket I Broom I Forks Fuel price G J D TAS Reoresentj6w Cla�%orper R=1sent1}ivp: Date: T/ie equiprtieel i manpower listed above is scwnle and hereto d by presumed m Y OCce upon epnatre tM ebo epned customer represeMchve re il.07 huh ORGANIZATION CHART COMMUNICATION TO SCHEDULE PROJECT TAS SUPERVISOR TXDOT REPRESENTATIVE ■ 1 ALLIED WASTE N TAS DISPOSAL HEAVY EQUIPMENT ALLIANCE TRUCKING OPERATOR SUPERVISOR PROFILE APPROVAL AND MANIFEST md COMMUNICATION DURING FIELD ACTIVITIES TRANSPORTATION & DISPOSAL i N i TAS SUPERVISOR TXDOT REPRESENTATIVE 1I N \ ALLIED WASTE TAS DISPOSAL HEAVY EQUIPMENT ALLIANCE TRUCKING OPERATOR SUPERVISOR PROFILE APPROVAL AND MANIFEST mo 0 En ental Services LR COMMUNICATION AFTER JOB COMPLETION TAS INVOICING DEPARTMENT � J TAS SUPERVISOR & TAS HEAVY EQUIPMENT ® ALLIANCE TRUCKING INVOICING OPERATOR DEPARTMENT COMMUNICATION SUBMITTING INVOICING 11 TAS INVOICING DEPARTMENT N TXDOT INVOICING DEPARTMENT mo N IJ WTAS Environmental Services LP. m. i SEC 6 SUBCONTRACTOR INFORMATION & QUALIFICATIONS *Emir meuW Services UP 2.7.Subcontractors Information and Qualifications Complete the following table listing each subcontractor and their proposed task associated with this contract. Subcontractor's Name Proposed Task ^ A ll i CUIX C- '4--Vcn idc less Trv-c-k-inc� (en&aUMFS) If subcontractors are to be utilized, the following information should be submitted for EACH subcontractor. (This section must be completed in addition to the required MWBE documentation in Section 2.9.) 2.7.1. Subcontractor's company name, address, email address, telephone number(s), and FAX number(s) for the local office as well as the headquarters. 2.7.2. Subcontractors current Statements of Qualifications. 2.7.3. Matrix including the following information detailing the subcontractor's personnel, their qualifications, and years of experience. — ■ Position title and job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc..) ■ Name ■ Tasks to be performed in association with this contract ■ Certifications/Licenses ■ Total Years Experience 2-9 .. - SUBCONTRACTORS INFORMATION & QUALIFICATIONS Ownership: Alliance Trucking State of Incorporation: Texas Headquarters/Corporate: Alliance Trucking 2010 Century Center Blvd Suite N Irving, Texas 75062 +' 972.445.1772 (office) 972.445.2216 (fax) �Environmental Services LR SUBCONTRACTORS STATEMENT OF QUALIFICATIONS &Eaviroameatal Services LP. ALLIANCE TRUCKING Mission Statement = Our mission is to become the hauling company of choice in the Dallas -Fort Worth metroplex. To provide superior customer service coupled with competitive prices. To promote a positive work environment for our employees that is open to ideas for a more efficient operation. Alliance will maintain the highest levels of professionalism, honesty, fairness, and integrity in all relationships. Key Personnel Paul Patterson — General Manager, 10 years experience Establish relationships with new customers and strengthen ties with existing customers. Locate quality material and dump sites at a fair price. Ensure work performed exceeds customer expectations. Negotiate contracts. Maintain a stable crew of subcontractors. y� Berlin Stoute — Dispatch Manager, 2 years experience Supervise the dispatch of trucks to meet customer needs. Resolve customer and subcontractor complaints. Review schedules daily to ensure all jobs and fully staffed. Communicate changes in schedules and pricing to dispatchers. Ronnie Gonzalez — Dispatcher, 2 years experience Carlos Torres - Dispatcher, 3 years experience Schedule the dispatch of trucks for respective areas to meet customer needs. Ensure that all subcontractors receive fair treatment in the work assignments. Complete bids for new jobs. Corporate Overview The professional staff at Alliance Trucking has been providing quality hauling services for the Dallas -Ft. Worth area since 1995. Alliance's personnel ensure all jobs are competitively priced and performed in a manner consistent with customer expectations. SUBCONTRACTORS STAFF MATRIX Paul Patterson — General Manager, 10 years experience Establish relationships with new customers and strengthen ties with existing customers. Locate quality material and dump sites at a fair price. Ensure work performed exceeds customer expectations. Negotiate contracts. Maintain a stable crew of subcontractors. Berlin Stoute — Dispatch Manager, 2 years experience Supervise the dispatch of trucks to meet customer needs. s, Resolve customer and subcontractor complaints. Review schedules daily to ensure all jobs and fully staffed. Communicate changes in schedules and pricing to dispatchers. Ronnie Gonzalez — Dispatcher, 2 years experience Schedule the dispatch of trucks for respective areas to meet customer needs. _ Ensure that all subcontractors receive fair treatment in the work assignments. Complete bids for new jobs. Carlos Torres — Dispatcher, 3 years experience Ins Schedule the dispatch of trucks for respective areas to meet customer needs. Ensure that all subcontractors receive fair treatment in the work assignments. Complete bids for new jobs. cam/ TAS Environmental Services L.Y. L� SEC 7 BONDS No * TAS Environmental Services LH 2.8.Bonds 2.8.1. Bidder's Bond Proposals must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 10 calendar days after the contract has been awarded. 2.8.2. Payment and Performance Bonds Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. 2.8.3. Requirements for Sureties The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 2-10 ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE 2-11 • e-e- +i a .,� e e e • e • e '� a.................... _ WORTHINGTON NATIONAL BANK N�0203161 O 200 WEST MAIN STREET CASHIERS CHECK ARLINGTON, TEXAS 76010 37-2462/1119 01 TAS ENVIRONMENTAL SERVICES, L.P. 1EMITTER 06/24/09 ••ONE THOUSAND ONE HUNDRED THIRTY EIGHT and 58/100***USDollars SAY TO THE ORDER OF ***CITY OF FORT WORTH*** ***1,138.58*** 1000 THROCKMORTON STREET FORT WORTH, TX 76012-6311 I AUTHORIZED SIGNATURE 1190 20 3 1611' 1: 1 1 19 2 L.6 2 21: 60000 1 211' .m WORTHINGTON NATIONAL BANK 01 TAS ENVIRONMENTAL SERVICES, L.P. 06/24/09 ***ONE THOUSAND ONE HUNDRED THIRTY EIGHT and 58/100***USDollars ***CITY OF FORT WORTH*** 1000 THROCKMORTON STREET FORT WORTH, TX 76012-6311 020316 ***1,138.58*** CUSTOMER COPY NON-NEGOTIABLE .. SEC 8 MINORITYIWOMEN BUSINESS ENTERPRISE UTILIZATION REQUIREMENTS *** DUE TO CONTRACTOR'S TOTAL PRICE BEING BELOW THE REQUIRED $259000.9 A WMBE IS NOT NECESSARY.*** WTAS ��o—Atal Services X.r. 2.9. Minority/Women Business Enterprise (MWBE) Utilization Requirements A MWBE goal of 12% percent has been established for this contract. Contract Assurance - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Contractors shall make a good faith effort to subcontract with or purchase supplies from MWBE firms. Contractors shall meet or exceed the stated goal or submit documentation of good faith effort for all applicable contracts to permit a determination of compliance with the specifications. MWBE documentation consists of the Special Instructions to Bidders, the Subcontractor Utilization Form, the Prime Contractor Waiver Form, the Good Faith Effort Form, and the Joint Venture Form. Copies can be obtained from the City's MWBE Office OR at the following City of Fort Worth website: httD.Ilwww. fortworthaov.oralmwbe/default. aspx?id=368&terms=MWBE% 20OFF/CE&sea rchtv,oe=1 &fracment=False 2.9.1. If Contractor equals or exceeds the project goal, they must submit the Subcontractor Utilization Form or the Joint Venture Form. 2.9.2. If Contractor does not have subcontracting and/or supplier opportunities, they must submit the Prime Contractor Waiver Form. 2.9.3. If Contractor has subcontracting and/or supplier opportunities but does not include MWBE participation in an amount which equals or exceeds the project goal, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. 2.9.4. If Contractor has subcontracting and/or supplier opportunities but does not include any MWBE participation, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. All MWBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division. For the purpose of determining contract compliance under the MWBE program, businesses listed as MWBE within the Utilization Plan must be certified as such prior to a recommendation for award being made to the City Council. Contractor shall submit the Subcontractor Utilization Form and/or the Good Faith Effort Form or the Prime Contractor Waiver Form, or the Joint Venture Form ("and documentation") as appropriate. The Environmental Management Department must receive the documentation no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Contractor shall obtain a receipt from an employee of the Environmental Management Department. Such receipt shall be Is 2-12 0 no an wo M NOTE: The Environmental Management Department's Administrative Offices are located in the City Hall Annex, 908 Monroe Street, 71' Floor, Fort Worth, Texas 76102. The Department's mailing address is 1000 Throckmorton, Fort Worth, Texas 76102. 2-14 evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MWBE requirements and documentation, shall render the bid non -responsive. The Good Faith Effort documentation shall demonstrate the Contractor's commitment — and honest efforts to utilize MWBE(s). The burden of preparing and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the bid/proposal. A Contractor who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for R classification as non -responsive and possible debarment. Questions about MWBE requirements may be directed to the City's MWBE Business — Office at 817.392.6104. Check the appropriate box/boxes: ❑ The following MWBE documents are included in this bid submittal, following this page, bound within the response: Subcontractor Utilization Form Joint Venture Form VPrime Contractor Waiver Form Good Faith Effort Form ❑ MWBE documents will be delivered to the Environmental Management Department` no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Prompt Payment - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both MWBE and non-MWBE subcontractors. CO OR: Signature — Name �tre��ds�ck +r,m `� Title no �,�v� row tmen�al'v ices, L Company 1 ant Date Ed 2-13 me y Im .. FORT WORTH City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: � `7 1YIII(OnY1�tMal �i CGS, I.• PROJECT NAMI ' r c� I �M 09 - 13 �T' City's BE Project Goal: PROJECT NUMBER 1T % 09-l31P5T ATTACHMENT 1B Page 1 of 1 Check applicable block to describe prime M/W/DBE I NON-M/W/DBE BID J DATE IJl1r1c 25, If both answers to this form are YES, do not 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 both answers are yes. Failure to complete this form in its entirety and be received by the Manaainq Deaartment on or before 5:00 a.m.• five (5) City business days after bid oueninq, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? 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. Will you perform this entire contract without suppliers? 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. YES NO y� YES 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 f time not less than one (1) year. Authorized Signature Printed Signature �Yt.SiG� 121 -W )L U � IJ i ICY Title Contact Name �f different) V Company Name Address ctvt c& City/State/Zip I �1� • 5.�5 • �ZZZ �l� • Z'7i5 • $1$- Phone Number Fax Number 1 naC& has 1r . tprr, Email Add ss -13mP q Date Rev. 5/30/03 SEC 9 STATEMENT OF RESIDENCY W AEnriroa s Mal Services L$ 2.10. Statement of Residency The following information is required by the City of Fort Worth in 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 shall complete and return, with its bid, the Statement of Residency Form. Failure to provide all required information shall result in the bid being considered non -responsive. 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 whose parent company or majority owner does not have its principal place of business` in the state of Texas. Bidder's complete company name-lia �.�,nnw n, al 3tNieea LP State your business address in the 3929I'COIr�t►G�%W! adjacent space provided if you are a Texas Resident Bidder: wn� � "f�P�ca$ TAL9 State your business address in the adjacent space provided 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 o 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 o has at least one employee who works in the Texas office Form (Section 2.10) prepared by: Named Title -�TY�7i at A+ 0£ -y Date (.W-1 da w w SEC 10 NONDISCRIMINATION CfEnvi� oro rental Services LP. 2.11. Nondiscrimination All City contractors are required to comply with Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Contractor agrees that Contractor, its employees, officers, agents, or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Contractor, its employees, officers, agents, or subcontractors herein. CO CTOR: Signature __j S0AUr Name 74V�eai 6 Cam-) Title r1S�vi►nrltn,t.1 dices, L.P Company Jwn� Date 2-13 SEC 11 PREVAILING WAGE RATES 0 TAS .ItEnvironmental Services 2.12. Prevailing Wage Rates and Davis -Bacon Act The Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts and the Davis -Bacon Act, whichever is higher for building and construction trades. Copies of these rates are located below and made a part thereof the same as if it were copied verbatim herein. Contractor(s) agree(s) to forfeit as a penalty to the City ten dollars ($10.00) for each laborer, workman, or mechanic employed, for each calendar day, or portion thereof for such laborer, workman, or mechanic who is paid less that the required rates for any work done under this contract, by it, or by any subcontractor under him/her. The current wage scale for members of the Building and Construction trade immediately follows this section. _ A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. DAVIS BACON REQUIREMENTS (29 CFR Part 5) 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanjcs. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject 2-14 go to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional .� classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; MW and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the 2-15 recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash y equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has _ found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of 2-16 M each such worker, his or her correct classification, hourly rates of wages paid .. (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis - Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR .. 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. MW (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete; -(2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; no (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into no the contract. 2-17 no (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified 2-18 r no in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they _ are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 2-19 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code and the Davis Bacon Act, and intends to comply with same in the execution of this project. 2-20 M i CO TRACTOR: Signature Company ,� 54ur -dw�e- Name Date �cr1� Of 4,c &P Title 2-21 me Davis Bacon Wage Rate Ew GENERAL DECISION: TX20080043 02/08/2008 TX43 Date: February 8, 2008 General Decision Number: TX20080043 02/08/2008 Superseded General Decision Number: TX20070045 State: Texas Construction Types: Heavy and Highway Counties: Collin, Dallas, Denton, Ellis, Grayson, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas. HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES. Modification Number Publication Date 0 02/08/2008 SUTX2004-004 11 /09/2004 Rates Fringes Air Tool Operator .............. $ 10.06 0.00 Asphalt Distributor Operator... $ 13.99 0.00 Asphalt paving machine operator $ 12.78 0.00 Asphalt Raker ................. $ 11.01 0.00 Asphalt Shoveler ............... $ 8.80 0.00 Batching Plant Weigher......... $ 14.15 0.00 Broom or Sweeper Operator...... $ 9.88 0.00 Bulldozer operator ........... $ 13.22 0,00 Carpenter ...................... $ 12.80 0.00 Concrete Finisher, Paving...... $ 12.85 0.00 Concrete Finisher, Structures.. $ 13.27 0.00 Concrete Paving Curbing Machine Operator ............... $ 12.00 0.00 Concrete Paving Finishing Maching Operator ............... $ 13.63 0.00 Concrete Paving Joint Sealer Operator ....................... $ 12.50 0.00 Concrete Paving Saw Operator... $ 13.56 0.00 Concrete Paving Spreader Operator ..................... $ 14.50 0.00 Concrete Rubber ................ $ 10.61 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator ....................... $ 14.12 0.00 Electrician .................... $ 18.12 0.00 Flagger........................ $ 8.43 0.00 Form Builder/Setter, Structures $ 11.63 0.00 Form Setter, Paving & Curb..... $ 11.83 0.00 Foundation Drill Operator, Crawler Mounted ................ $ 13.67 0.00 Foundation Drill Operator, Truck Mounted .................. $ 16.30 0.00 - Front End Loader Operator...... $ 12.62 0.00 Laborer, common ................ $ 9.18 0.00 2-22 Laborer, Utility ............... $ 10.65 0.00 Mechanic ....................... $ 16.97 0.00 Milling Machine Operator, Fine Grade ..................... $ 11.83 0.00 Mixer operator ................. $ 11.58 0.00 Motor Grader Operator, Fine Grade .......................... $ 15.20 0.00 Motor Grader Operator, Rough... $ 14.50 0.00 Oiler .......................... $ 14.98 0.00 Painter, Structures............ $ 13.17 0.00 Pavement Marking Machine Operator ....................... $ 10.04 0.00 Pipelayer...................... $ 11.04 0.00 Reinforcing Steel Setter, Paving ......................... $ 14.86 0.00 Reinforcing Steel Setter, Structure ...................... $ 16.29 0.00 Roller Operator, Pneumatic, Self -Propelled ................. $ 11.07 0.00 Roller Operator, Steel Wheel, ` Flat Wheel/Tamping............. $ 10.92 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement ............. $ 11.28 0.00 Scraper Operator ............... $ 11.42 0.00 Servicer....................... $ 12.32 0.00 Slip Form Machine Operator..... $ 12.33 0.00 Spreader Box operator.......... $ 10.92 0.00 Tractor operator, Crawler Type. $ 12.60 0.00 Tractor operator, Pneumatic.... $ 12.91 0.00 Traveling Mixer Operator....... $ 12.03 0.00 Truck driver, lowboy -Float..... $ 14.93 0.00 Truck driver, Single Axle, Heavy .......................... $ 11.47 0.00 Truck driver, Single Axle, Light .......................... $ 10.91 0.00 Truck Driver, Tandem Axle, Semi -Trailer ................... $ 11.75 0.00 Truck Driver, Transit -Mix...... $ 12.08 0.00 Wagon Drill, Boring Machine, Post Hole Driller Operator..... $ 14.00 0.00 Welder ......................... $ 13.57 0.00 Work Zone Barricade Servicer... $ 10.09 0.00 ------------------------------------------------- Unlisted classifications needed for work not included within _ the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)}. In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 2-23 City of Fort Worth Building & Construction Trades Prevailing Wage Rates For 2008 Classifications Hourly Rates lassifications rsheetrock Hourly Rates - Air Conditioning Mechanic $23.95 Hanger $13.37 JAir Conditioning Mechanic Helper $15,00 Sheetrock Hanger Helper ISprinkler $9.48 Acoustic Ceiling Installer $16.25 System Installer $20.50 - JAcoustic Ceiling Installer Helper $10.53 Isprinkler System Installer Helper $11.00 Bricklayer/Stone Mason $19.88 Isteel Worker Structural $19.72 Bricklayer/Stone Mason Helper $10.54 Steel Worker Structural Helper $11.71 lCarpenter $19.03 IlWelder $18.82 Carpenter Helper $14.69 Helper $13.95 Concrete Finisher $14.95 �lWelder lConcrete Finisher Helper $10.09 Concrete Form Builder $15.40 Concrete Form Builder Helper $8.81 Drywall Taper $13.00 Drywall Taper Helper $11.70 Electrician Journeyman $23.00 Heavy Equipment Operators Hourly Rates Crane, Clamshell, Backhoe, Derrick, Electrician Helper $16.51 Dragline, Shovel $20.17 Electronic Technician $23.18 Forklift Operator $13.33 Electronic Technician Helper $13.36 Foundation Drill Operator $17.55 Floor Layer (Carpet) $15.17 Front End Loader Operator $13.16 (Floor Layer (Resilient) $20.72 I Truck Driver $17.17 Floor Layer Helper $13.72 Glazier $21.92 Glazier Helper $15.82 Insulator (Pipe) $17.95 linsulator Helper (Pipe) $13.40 Laborer Common $11.93 Laborer Skilled $14.98 Lather $18.60 Lather Helper $11.12 Metal Building Assembler $14.29 Metal Building Assembler Helper $9.33 Painter $17.42 1 Painter Helper $8.00 1 ., jPipefitter $20.82 1 jPipefitter Helper $14.77 Plasterer $19.93 Plasterer Helper $14.16 Reinforcing Steel Setter $12.50 Roofer $14.00 MW Roofer Helper $10.00 Source is Fort Worth Chapter Sheet Metal Worker $19.45 Associated General Contractors (www.Quoin.org) Sheet Metal Worker Helper $14.52 01/30/2008 2-24 W no no SEC 12 INSURANCE CERTIFICATES N r TAS V/ Environmental Services LP. 2.13. Insurance Certificates A successful Contractor will be required by the contract to have insurance coverage as detailed below. Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department, Administrative Offices, within 14 calendar days after Notice of Award. (a) Insurance coverage and limits: 1. Commercial General Liabilitv Insurance o $1,000,000 each occurrence o $2,000,000 aggregate 2. Professional Liability Insurance - NOT APPLICABLE. 3. Automobile Liabilitv Insurance Coverage on vehicles involved in the work performed under this contract: o $1,000,000 per accident on a combined single limit basis or: o $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 o Coverage A: statutory limits o Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 5. Environmental Impairment Liabilitv (EIL) and/or Pollution Liabilitv $2,000,000 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). 6. Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset Clause. (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. 2-25 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 according to items in section 2.13(a) 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 Brian Boerner, Director, Environmental - Management Department, City of Fort Worth, 1000 Throckmorton St., Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. .. 2-26 11. All insurance required in Section 2.13(a) above, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. FOR PURPOSES OF EVALUATING THIS BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) HERE AND BOUND WITHIN THE BID PACKAGE. 2-27 ACORDr. CERTIFICATE OF LIABILITY INSURANCE D12/ 9/2008Y) 12/29/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN L. WORTHAM & SON, L.P. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 1388 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOUSTON, TEXAS 77251-1388 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 078934-109-1 bjb - nrodrigu INSURERS AFFORDING COVERAGE INSURED INSURER A. Nautilus Insurance Company TAS ENVIRONMENTAL SERVICES, L.P. INSURER 8: Great Divide Insurance Company ATTN: J SALZER 3929 CALIFORNIA PARKWAY INSURER C: Texas Mutual Insurance Company FORT WORTH, TX 76119 I INSURER D: I _ _ _ _ _ _ _ _ _ I 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. INSR POLICY EFFECTIVE POLICY EXPIRATION J Ta TYPE OF INSURANCE POLICY NUMBER nATE (MM/DD(YY) DATE (MM/DDIYVI LIMITS A GENERAL LIABILITY EGPCO20018611 01/01/2009 01/01/2010 EACH OCCURRENCE $ 1,000,0001 ✓ COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one fire) $ 100,0001 CLAIMS MADE P,(I OCCUR I MED EXP (Any one person) $ 5,0001 i PERSONAL & ADV INJURY $ 1,000,0001 1,000,0001 GGEEN'L LIMIT APPLIES PER: GENERAL AGGREGATE $ I PRODUCTS COMP(OP AGG S 1,000,0001 AGGREGATE I POLICY I� =T F7 LOC - I B AUTOMOBILE LIABILITY BAP020018811 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT $ 1,000,000 ✓ ANY AUTO (Ea accident) _ ALL OWNED AUTOS BODILY INJURY $ _ SCHEDULED AUTOS (Per person) ✓ HIRED AUTOS BODILY INJURY $ ✓ NON -OWNED AUTOS (Per accident) PROPERTY AMAGE I $ (Per accident) I GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN I EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY FFX020018711 01/01/2009 01/01/2010 EACH OCCURRENCE $ 5,000,0001 OCCUR F1 CLAIMS MADE I AGGREGATE Is 5,000,000I I: DEDUCTIBLE I $ ✓ RETENTION $ 10,000 I $ C WORKERS COMPENSATION AND TSF0001183043 01/01/2009 01/01/2010 ✓ 1 TO�RY LIMITS SAT -I I ER I s EMPLOYERS' LIABILITY I 1,000,0001 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYES 110001000I E.L. DISEASE - POUCY LIMIT $ 1,000,0001 A OTHER ECPCO20018611 01/01/2009 01/01/2010 $1,000,000 EACH CLAIM PROFESSIONAL LIABILITY r $1,000,000 AGGREGATE CLAIMS MADE-8/30/04 RETRO DATE DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS r CERTIFICATE HOLDER r T `MASTER` I ACORD 25-S (7/97) Page 1 of 2 ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION (SEE BELOW & PAGE 2) XXXXXXXXXXXXXXXXXXX XKXX)(XXX XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXXXKXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX All Fjs RVPESENTATIVE ACORD CORPORATION 1988 Cert. # 078934-109-1 'MASTER' IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement On this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. CANCELLATION NOTICE The CANCELLATION NOTICE on the CERTIFICATE OF INSURANCE is amended to include the following wording: The Insurance Companies may cancel the described policy(ies) by mailing or delivering ten (10) days written notice of cancellation to the Named Insured for: (1) Non Payment of premium or (2) any other circumstance permitted by state law or policy conditions. ADDITIONAL INSURED DISCLAIMER y Coverage for Additional Insureds can vary significantly from policy to policy and thus Additional Insured status does not guarantee protection for all losses. Coverage is subject to actual policy terms and conditions. rJ,.Np/ ACORD 25-S (7197) Page 2 of 2 CJ 2.14. Workers Compensation Insurance Coverage A. Definitions: Certificate 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 or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the 1 project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor' in Texas Labor Code, 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 service 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) for 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 City 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 City showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the Contractor, a new 2-28 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. 2-29 B. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C. The Contractor shall notify the City 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. D. The Contractor shall post on each site a notice, in the text, form and manner prescribed by the Texas Workers' 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. (see paragraph II) E. 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 amount 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 City 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 2-30 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. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by workers' 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 case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor y to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entities the governmental entity to declare the ' contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. L. Contractor posting required. 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 Workers' Compensation Act or other Texas Workers' 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 WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at 512/440-3789 to �. receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." s 2-31 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code, Section 406.096 Contractor certifies that it provides Workers' Compensation insurance coverage for all of its employees employed on the public project to abate asbestos/demolition in the unit identified in this contract. r •� C6.2 roYlrn�trl�a.� xv�ceS, L Contractor 4N�F By. Contractor's Signature Title ,usle-- Date STATE OF TEXAS) COUNTY OF TARRANT) BEFgRE ME, the undersigned authority, on this day personally appeared J Sa ze.r , 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 F'residen1 oF the G •-P for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 S day of June , 200Nq ` = TERESA k DECKER �{ ,l/Sa Q la/e� My COMMISSION EXPIRES is 2010 Notary Public in and for the State of Texas Apt .... _ -rereSa A. UeCVel My Commission Expires -146 40 2-32 m SEC 13 CONTRACTOR'S RESPONSIBILITIES CVTAS Environmental Services LP. 2.15. Contractor's Responsibilities Contractor is responsible for becoming familiar with the character, quality, quantity of work to be performed, materials and equipment required. Contractor 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, unless otherwise specified in this Invitation to Bid. All costs associated with preparing a Bid in response to the Solicitation shall be borne by the Bidder. The undersigned acknowledges the requirements of this section, and intends to comply with same in the execution of this project. COR: 2� Signature ame 6,49 Title 1 �S �nVi rcyn MM+C 4VV i CC5 Company uric, Date 2-33 SEC 14 CONTRACT'S LEGAL & COMPLIANCE HISTORY 4.7/ Envirronmental Services L.P. IRA R 2.16. Contractor's Legal and Compliance History Contractor's legal and compliance history is a critical component of this Invitation to Bid. Read this section with care and respond accordingly. Failure of the Contractor to provide all the information requested and to certify the report, will result in the Contractor's submittal being declared non -responsive. Contractor shall attach a written report of legal action brought against Contractor, Contractor's officers, Contractor's employees, AND Contractor's proposed subcontractors relating to the protection of the environment. The terms "legal action" and "relating to the protection of the environment" are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Invitation to Bid. 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 • Judgment and Order of Judgment "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 (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relatino to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or r agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment. EW "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 hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the following form. The top portion of the form is to be completed if a report of legal action is attached. The bottom portion 2-34 of the form is to be completed if Contractor has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed. AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: (1) if the Contractor 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 Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION OF CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY BOUND WITHIN THE BID 2-35 Certification of Contractor's Legal and Compliance History Complete ONE of the Following Certifications Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor's, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment 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. CONTRACTOR: Signature Company Name Date Title Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor'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 Contractor, Contractor's officers, Contractor's employees, or Contractor'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. —� CON R: Signature Name CLAILt 6-P Title 6��pany ,.)Lkne-%09 D- 2-36