HomeMy WebLinkAboutContract 39664rr
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CaNTgAC NO�
CO-NAL- RAC I
Between
CITY OF FORT WORTH
and
EAGLE CONSTRUCTION &
ENVIRONMENTAL SERVICES, LLC
For
Excavation, Transportation and Disposal of
Contaminated Soils
Project DEM 09-17: SOILS
Environmental Management Department
December 2009 _
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/15/2009
DATE: Tuesday, December 15, 2009 REFERENCE NO.: ""C-23984
LOG NAME: 52TRV AND 121/SW PKWY CONTAMINATED SOIL
SUBJECT:
Authorize the Execution of a Contract with Eagle Construction and Environmental Services, LLC, in the
amount of $453,053.00 for Transportation and Disposal of Contaminated Soils at 2500 Brennan Avenue for
the Trinity River Vision Project and 3479 West Vickery Boulevard for the Southwest Parkway/SH 121
Tollway Project
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Eagle
Construction and Environmental Services, LLC, in an amount of $453,053.00, for the transportation and
disposal of contaminated soils located at 2500 Brennan Avenue for the Trinity River Vision Project and
3479 West Vickery Boulevard for the Southwest Parkway/SH 121 Tollway Project.
DISCUSSION:
Approximately 2,950 cubic yards of total petroleum hydrocarbons (TPH) contaminated soil have been
encountered at 2500 Brennan Avenue. Environmental investigations also found approximately 15,000
cubic yards of contaminated soil containing metals, volatile organic compounds (VOCs), TPH and poly-
chlorinated binphenyls (PCBs) impacted soils at 3479 West Vickery Boulevard. Both sites require proper
removal and disposal of the contaminated soils in accordance with Texas Commission on Environmental
Quality rules and regulations.
An Invitation to Bid was issued on September 2, 2009, for the removal, transportation and disposal of
contaminated soils at both project sites. Bids were received on October 1, 2009, from the following six
companies:
. AUI Contractors, Inc.
. Eagle Construction and Environmental Services, LLC
. Intercon Environmental, Inc.
. Jackson Construction, Ltd.
. TAS Environmental Services, LLP
. USA Environment, LP
Bids were evaluated based on a predetermined combination of qualitative and quantitative (point)
measures to determine the recommendation for award of contract. These measures included evaluation of
such factors as: legal record, experience, qualifications, performance records, cost and references. Based
on the total point distribution of those measures, staff recommends award of contract to Eagle
Construction and Environmental Services, LLC (Eagle). Additionally, the proposal by Eagle contained the
lowest overall cost to the City for these services. The total cost of the contract shall not exceed
$453,053.00.
Eagle is in compliance with the City's M/WBE Ordinance by committing to the 10 percent M/WBE
participation. The City's goal on this project is 10 percent.
The 2500 Brennan Avenue site is located in COUNCIL DISTRICT 2 and associated with the Trinity River
Vision Project. The 3479 West Vickery Boulevard site is located in COUNCIL DISTRICT 9 and associated
'WhOSOuthwest Parkway/SH 121 Tollway Project. Funding was included for the State Highway 121 T
(Southwest Parkway) project in the 2007 Critical Capital Projects approved by Council in December 2006,
and will be used for the portion associated with the Southwest Parkway/SH 121 Tollway Project.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available, as appropriated, of the
2007 Critical Capital Projects Fund and the Environmental Management Project Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citv Manaaer's Office bv:,
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
C295 539120 303210000570
R101 539410 052201003000
Fernando Costa (6122)
Brian Boerner (6647)
Michael Gange (6569)
ATTACHMENTS
1. 52try etc-bkb.doc (CFW Internal)
2. Accountina Info.pdf (CFW Internal)
3. Bond Fund Trfr - PMO.pdf (CFW Internal)
4. fundinq.pdf (CFW Internal)
5. Map of 2500 Brennan.pdf (Public)
6. Map of 3479 W Vickerv.pdf (Public)
7. MWBE Compliance Memo-DEM 09-17 Rev_ised_pdf (CFW Internal)
$353,400.00
$99.653.00
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT §
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL
OF
CONTAMINATED SOILS
w
PROJECT DEM 09-17 : SOILS
I"
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 ("City"),
acting through Fernando Costa, its duly authorized Assistant City Manager, and Eagle
Construction & Environmental Services, LLC, a Texas limited liability company
("Contractor'), acting through Marc W. Walraven, its duly authorized President.
WHEREAS, the City desires to enter into a contract for the characterization, excavation,
loading, transportation, and proper disposal of contaminated soils from property located
in the vicinity of 2500 Brennan Avenue and from property located in the vicinity of 3479
West Vickery Boulevard, Fort Worth, Texas.
WHEREAS, the City desires to hire a professional firm knowledgeable and experienced
in conducting such characterization, excavation, loading, transportation, and proper
disposal of contaminated impacted soils; and
WHEREAS, the Contractor has represented that it is staffed with personnel
knowledgeable and experienced in conducting such characterization, excavation,
loading, transportation, and proper disposal of contaminated soils:
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this
Contract, the City and the Contractor agree as follows:
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows;
Citv's Representative means the Director of Environmental Management, Brian
Boerner, CHMM, or his designee.
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATE - "Page 1 of
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contaminated Soil means any soil, earth, dirt, or related material found to be or
suspected to be infused with petroleum substances, lead, mercury, arsenic, TCE,
PCBs, or other hazardous substances, hazardous wastes, or pollutants.
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.
10 Contractor means Eagle Construction & Environmental Services, LLC.
r
Notice to Proceed means the official letter issued by the City, pursuant to the Code of
the City of Fort Worth and City ordinances and policies, that authorizes Contractor to
begin work.
Subcontract means a contract between the Contractor for this project and another
person or company for any task defined in the scope of work. A purchase order is also
considered a subcontract.
2.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor shall furnish all labor, materials, and equipment necessary for the
characterization, excavation, loading, transportation, and disposal of
approximately two -thousand, nine -hundred fifty (2,950) cubic yards of
contaminated soil from the vicinity of 2500 Brennan Avenue, Fort Worth, Texas
and approximately fifteen -thousand (15,000) cubic yards of contaminated soil
from the vicinity of 3479 West Vickery Boulevard, Fort Worth, Texas.
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, landfilling, treatment, or
fuel blending (for incinerators only); each disposal method to be conducted only
at facilities fully licensed, permitted, and authorized by the applicable regulatory
agencies to dispose of hazardous and other regulated materials. The parties
expressly agree that fuel blending and/or incineration in a Cement Kiln shall not
be allowed under this contract.
D. Transportation, handling, and disposal of the contaminated soils shall be in
accordance with all applicable federal, state, and local statutes, regulations,
standards, and requirements as related to the transport, handling, and disposal
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 2 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
of hazardous and other regulated materials. This includes but is not limited to the
lawful and proper use of appropriate manifests, labeling, placarding of vehicles,
and tarping of loads.
E. All applicable licensing is required of the disposal facilities utilized in the
performance of this contract. All applicable endorsements are required for
., hazardous waste transporters. HAZWOPER (29 CFR 1910.120) training shall be
required of workers who will be involved in operations at the project site in
accordance with federal and state requirements.
F. Soils shall be temporarily stockpiled at both locations and composite grab
samples will be collected by the City for analytical laboratory testing by the City
or a City -contracted laboratory for the purpose of waste characterization.
G. Work hours shall be limited to 0700 to 1800 each work day which may include
weekends.
H. The maximum time to complete both projects shall be 30 days from the issuance
of the notice to proceed by the City. Allowances or extensions of the time to
complete the work due to weather may be granted at the sole discretion and
determination of the City.
I. The following site specific requirements, terms, and specifications shall apply:
2500 Brennan Avenue
1. The drainage channel shall be sealed along the northern edge of the project
area and the accumulated storm water shall be diverted to the eastern portion
of the City -owned property.
2. The cost of equipment to pump the accumulated storm water and the
necessary piping and/or hose to redirect the storm water from the project site
are included in the prices shown in the cost breakdown tables.
3. The approximate vector for diversion of the accumulated storm water from the
northern edge of the project area is 1,200 linear feet to 1,400 linear feet to the
east.
4. The excavated soils from the drainage channel shall be temporarily stockpiled
adjacent to the shoulder of the drainage channel. After composite sampling
and waste characterization has been completed, the soils shall then be
transported off -site to the appropriate waste disposal facility.
6OFFICIAL Rq� fgFD
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED OILS- Page of
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. i° SECETARY
FT WORTH, TX
5. Excavation limits of the drainage channel will generally be from 3.0 feet bgs at
the northernmost edge of the project area to approximately 8.0 feet bgs at the
southernmost edge of the project area. Width of the excavation will be
approximately 15.0 linear feet, approximately 7.5 linear feet each direction
from the centerline. This will accommodate two 6' x 8' box culverts which will
replace the existing open drainage channel.
6. Silt -fencing utilized at the site may be required to be removed and relocated
in order to allow for the temporary stockpiling of the excavated soils from the
drainage channel.
7. Additional equipment may be utilized in the drainage channel and equipment
access ramps may be constructed.
8. Accumulated water that may have been contaminated due to the exposure to
the contaminated strata shall be pumped out of the project area, temporarily
stored onsite, and subsequently sampled for potential waste disposal.
Contaminated water identified by the laboratory analysis shall then be
transported to an appropriate waste disposal facility.
9. Stockpiled materials shall to be covered with at least 6 mil poly while awaiting
final waste disposal characterization.
10. Contractor warrants that it understands that the work the work on this site is
to be performed in a drainage channel that is susceptible to inundation and/or
flooding. It is agreed that Contractor will anticipate and take all reasonable
precautions to prevent migration of contaminants or other damages as a
result of water flowing in or near the drainage channel during the course of
work. Reasonable measures shall include, but not be limited to monitoring
weather forecasts, scheduling the work accordingly, and using work
procedures and engineering controls as appropriate to the circumstances.
3479 West Vickery
Safety fencing shall be required to be placed around the work site in areas
where the excavation will be occurring.
2. It is not anticipated that silt fencing or sediment control will be required at this
site, however applicable storm water BMPs shall be employed if conditions
necessitate.
3. Stockpiled materials shall be staged on at least 6 mil poly and also covered
with at least 6 mil poly.
4. Each soil excavation area shall be stockpiled separately.
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SO
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
LJ -
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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5. Safety fencing shall be required to be placed around each individual
stockpiled area.
6. Contractor will work in consultation with the City to identify and remove only
contaminated soils, to the extent reasonable and practicable, and not to
remove excessive amounts of uncontaminated soils. The City will perform all
laboratory analyses to aid the Contractor in determining the physical
boundaries of the contaminated soils on this site. The parties understand
that the drawings, maps, and documentation in the Invitation to Bid are
preliminary estimates of the contaminated soil area and that the actual
boundaries of the contaminated soils to be removed can only be reasonably
determined as the excavation work proceeds.
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.
D. Designate a City representative to collect composite soil samples from the
excavated soils at each site.
F. Samples collected shall be submitted to Accutest Gulf Coast Laboratories, LLC
located at 10165 Hardin Drive, Suite 150, Houston, Texas 77036. All costs will
be billed directly to the City of Fort Worth under the separate contract (CS
#36477).
G. The City will be responsible for shipping of the collected soil samples to the
analytical laboratory for accurate waste characterization purposes.
4.
TIME TO START AND TO COMPLETE THE PROJECT
Contractor shall achieve substantial completion of work under this contract within (30)
days from receipt of the Notice to Proceed unless an extension of time is granted (in
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED $OILS - Page 5 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. 0' :2EC®RD
- CITY SECRETARY
FT. WORTH, TX
writing) due to inclement weather, any such determination being made in the sole
judgment and discretion of the City of Fort Worth.
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.
6.
COMPENSATION
The City and Contractor agree that the total cost of this contract shall be based on the
unit prices as specified in the tables below. In the event of a discrepancy between unit
price and extended price, the unit price shall govern, however in no case shall the
total compensation paid by the City to the Contractor exceed four hundred fifty
three thousand, fifty three dollars ($453,053.00). Quantities of waste shall be
evidenced by the disposal facility manifests.
Table 1. Agreed prices per cubic yard for characterization, excavation, loading,
transportation, and disposal of wastes characterized as Class 1 Non -hazardous.
Item Estimated Quantity Unit Days to Cost Estimate
Cost Complete (Extended)
2500 Brennan Avenue 2,950 $56.27 / CY 7 $165,996.50
Cubic Yards
3479 West Vickery 15,000 $54.05 / CY 18 $810,750.00
Boulevard Cubic Yards
TOTAL 25 $976,746.50
CFFiCi L RECORD
CITY SECRETARY
FT. WORTH, TX
s
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 6 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
Table 2. Agreed prices per cubic yard for characterizations, excavation, loading,
transportation, and disposal of wastes characterized as Class 2 Non -hazardous.
• Item Estimated Quantity Unit Days to Cost Estimate
Cost Complete (Extended)
2500 Brennan Avenue 2,950 $25.34 / CY 7 $74,753.00
Cubic Yards
3479 West Vickery 15,000 $23.56 / CY 18 $353,400.00
Boulevard Cubic Yards
TOTAL 25 $428,153.00
Table 3. Agreed prices for clean backfill installation, if required.
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
3479 West Vickery 15,000
Boulevard Cubic Yards $8.60 / CY $129,000.00
Table 4. Agreed prices for onsite storage of contaminated water from project site, if
required.
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
2500 Brennan 5,000
Avenue Gallons $0.40 /Gal $2,000.00
Table 5. Agreed prices for disposal of contaminated water from project site, if required.
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
2500 Brennan 5,000 $.068 / Gal $3,400.00
Avenue Gallons
do
OFFICIAL RECORD
CITY SECRETARY
.. FT, WQ� RTH, TX
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOIL - age of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
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Table 6. Agreed prices for pumping surface water to be redirected from work area, if
required.
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
2500 Brennan 30 Days $650.00 / Day $19,500.00
Avenue
B. The unit prices in Tables 1 and 2 above reflect the cost to the City for
performance under this contract that is agreed to as among the parties and which
is dependant upon the characteristics of the waste, which shall be determined by
laboratory analysis conducted on the ex -situ excavated materials. Since this
process cannot be reliably conducted prior to excavation, the agreed
compensation cannot be accurately predetermined. Contractor and City will work
collaboratively with the goal of minimizing overall costs while fully and completely
complying with professional standards and legal requirements. Contractor may
submit a request for a change order and modification if an unexpectedly high
proportion of Class 1 wastes are encountered.
C. Authorization in the form of a written notice from the City shall be required prior to
conducting any work shown in Tables 3 through 6 (backfilling excavations and
pumping, storing, or diverting water), with the exception that water may be
pumped, stored, or disposed of if necessary to avoid migration of contaminants
and there is not adequate time to obtain the written notice from the City.
D. The City will not be liable for any Contractor costs in excess of the Not -to -Exceed
amount unless City has executed a duly authorized Modification to the contract.
E. The City agrees to pay Contractor within thirty (30) days after completion of the
requirements of this contract and receipt of correct invoices from the Contractor.
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
� ' � g� U
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED Sol FFI age o �RD
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC, CITY SECRETARY
4
FT. WORTH, TX
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
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,
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 9 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
hazardous or toxic substances, materials, or wastes, whether
solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and
safety of employees or the public.
B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, 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 CONTRACTOR'S OPERATIONS UNDER THIS
AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED
BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS,
EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS
AND ANY OTHER PERSON OR ENTITY.
C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S
OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL
DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE
CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY.
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CITY SECRETARY
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D. The obligations of the Contractor under this paragraph shall include, but not be
limited to, the burden and expense of defending all claims, suits and
administrative proceedings (with counsel reasonably approved by 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 Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonable timely
notice of same.
F. All Contractors under this contract agree that they assume joint and several
liability for any claim by the City or for a third party claim against the City for
general or environmental damages caused by any of the Contractors herein.
G. The obligations of the Contractor 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
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the term of this Contract. Prior to commencing
work, the Contractor shall deliver to City, certificates documenting this coverage. The
City may elect to have the Contractor submit its entire policy for inspection.
A. Insurance coverage and limits:
1. Commercial General Liability Insurance
$1,000,000 each occurrence; $2,000,000 aggregate
2. Professional Liability Insurance
$1,000,000 each occurrence; $1,000,000 aggregate
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3. Automobile Liability Insurance
Coverage on vehicles involved in the work performed under this contract:
$1,000,000 per accident on a combined single limit basis or:
$500,000 bodily injury each person; $1,000,000 bodily injury each accident; and
$250,000 property damage
The named insured and employees of Contractor shall be covered under this
policy. The City of Fort Worth shall be named an Additional Insured, as its
interests may appear. Liability for damage occurring while loading, unloading and
transporting materials collected under the Contract shall be included under this
policy.
4. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease -each employee
5. Environmental Impairment Liability (EIL) and/or Pollution Liability
$4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in
subsections 1 and 2 above; or, such insurance shall be provided under separate
policy(s). Liability for damage occurring while loading, unloading and transporting
materials collected under the contract shall be included under the Automobile
Liability insurance or other policy(s).
B. Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with the
Contract.
1. Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The -term City shall include its employees,
officers, officials, agents, and volunteers as respects the Contracted services. .
2. Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
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CITY SECRETARY
FT. WORTH, TX
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4. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice shall be acceptable
in the event of non-payment of premium. Such terms shall be endorsed onto
Contractor's insurance policies. Notice shall be sent to Department of Risk
Management, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas
76102.
6. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
7. Deductible limits, or self -insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
8. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
9. The City shall be entitled, upon its request and without incurring expense, to
review the Contractor's insurance policies including endorsements thereto and, at
the City's discretion; the Contractor may be required to provide proof of insurance
premium payments.
10. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
11. The City shall not be responsible for the direct payment of any insurance
premiums required by the contract. It is understood that insurance cost is an
allowable component of Contractor's overhead.
12. All insurance required above shall be written on an occurrence basis in order to
be approved by the City.
13. Subcontractors to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained herein, in the event a
subcontractor's insurance coverage is canceled or terminated, such cancellation
or termination shall not constitute a breach by Contractor of the contract.
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINAtIOI!Wjk,�.� WO
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. CITY SECRETARY
..r
FT. WORTH, TX
10.
BONDING
A. Payment and Performance Bonds. Before beginning the work, the Contractor
shall be required to execute to the City of Fort Worth, a payment bond if the
contract is in excess of $25,000, and a performance bond if the contract is in
excess of $100,000. The payment bond is solely for the protection and use of
payment bond beneficiaries who have a direct contractual relationship with the
Contractor or subcontractor to supply labor or material; and in 100% the amount
of the Contract. The performance bond is solely for the protection of the City of
Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful
performance by Contractor of the work in accordance with the plans,
specifications, and contract documents. Contractor must provide the payment
and performance bonds, in the amounts and on the conditions required, within 14
calendar days after Notice of Award.
B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to do business in the State of Texas that is of sufficient
financial strength and solvency to the satisfaction of the City. The surety must
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.
11.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards which are presented to persons, property and the environment by
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 14 of 2Q.
DEM 09-17 - EAGLE CONSTRUCTION 6 ENVIRONMENTAL SERVICES, LLC.
Obi-iCiAi_ RECORD
CITY SECRETARY
FT. WORTH, TX
contaminated soils, both generally and with specific regard to this project. Additionally,
Contractor warrants that it is aware that there is uncertainty as to the nature and extent
of contamination, and the types of contaminants that may be present at the sites and
that Contractor agrees to be bound by the terms of this contract despite this uncertainty.
Contractor further warrants that it will perform all services under this Contract in a safe,
efficient and lawful manner using industry accepted practices, and in full compliance
with all applicable state and federal laws governing its activities and is under no restraint
or order which would prohibit performance of services under this Contract.
12.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of any failure to perform
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
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 15 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
F�BR
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
W.
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.
13.
OBSERVE AND COMPLY
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
14.
MODIFICATION
No modification of this Contract shall be binding on Contractor or the City unless set out
in writing and signed by both parties. Any changes to the scope of work or
compensation must be in writing and in accordance with all applicable state and city
laws, regulations, and ordinances. In no event shall any verbal authorization changing
the scope of work or verbal agreements for additional compensation be binding upon
the City.
15.
RIGHT TO AUDIT
City and Contractor agree that, until the expiration of three (3) years after the final
payment under this Contract, the City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this Contract. Contractor further agrees to include in all its
subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three (3) years after final payment under the
subcontract, have access to papers and records of such subcontractor involving
transactions relating to the subcontract. The term "subcontract" as used herein includes
purchase orders.
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 16 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
OFFICIAL RECORD
CITY SECRETARY
.. FT. WORTH, TX
16.
NON-DISCRIMINATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article III of the Code of the City of Fort Worth.
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national
origin, sexual orientation, transgender, gender identity or gender expression in any
manner involving employment, including the recruitment of applicants for employment,
advertising, hiring, layoff, recall, termination of employment, promotion, demotion,
transfer, compensation, employment classification, training and selection for training or
any other terms, conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed
by or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
17.
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.
18.
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.
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 17 of 10
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
..
19.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by either
party of any provision or condition of the contract shall not be construed or decreed to
be a waiver of any other provision or condition of this Contract, nor a waiver of a
subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
20.
VENUE
Venue of any suit or cause of action under this Contract shall lie in Tarrant County,
Texas.
21.
NOTICES
Any notices, bills, invoices or reports required by this contract shall be sufficient if sent
by the parties in the United States mail, postage paid, to the address noted below:
If to the City: Brian Boemer, CHMM, Director
City of Fort Worth
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102-6311
If to the Contractor: Marc W. Walraven, President
Eagle Construction & Environmental Services, LLC
9701 East Interstate Highway 20
Eastland, TX 76448
22.
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
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Pa a 18 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
W, 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.
23.
NO THIRD -PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
24.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
The paragraph headings contained herein are for the convenience in reference and are
not intended to define or limit the scope of any provision of this Contract.
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
25.
ENTIRETY
This contract, the contract documents and any other documents incorporated by
reference herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and Contractor, and no other contracts, oral or otherwise,
regarding the subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto. In the event of any conflict between this contract and any
other contract documents, then the terms of this contract shall govern.
M
The remainder of this page is left intentionally blank
..
..
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 19 of 20
DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
v.
SIGNATURE PAGE FOR
CONTRACT FOR TRANSPORTATION AND DISPOSAL
OF
CONTMINATED SOILS
PROJECT DEM 09-17 : SOILS
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH
BY -
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Arthur N. Bashor
Assistant City Attomey
CONTRACTOR
Eagle Construction & Environmental
Services, LLC
Aakl�v
BY:
Marc W. Walraven
President
WITNESS:
ATTEST : da°� IFIJRATE SEAL
.cy 00o0000000 �(}�
p CG Cp 0�
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'Marty rix / d 0o 00,400,
City Secretary d 00 o a �'0
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``�U1f11UUNpr�„
gf SEAL
'`�•. :ate
Sk�OJ. TEXAS
OFFICiAL RECORD
�FT
ITY SECRETARY
'NORTH. TX
CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 20 of 20
DEM 09-11 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC.
.r
M&C e 7(��MN q l aI I S I CA
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 09-17: Soils.
CONTRACTOR
Eagle Construction & Environmental Services. LLC
By: &
MARC W. WAIRAVEN
Title
r nil O&CL
0-
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
.. Marc W. Walraven , known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act and
deed of Eaqle Construction & Environmental Services, LLC for the purposes and
consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office thisQ',-)� day ofil j 20 -Lc� .
Nyi •,;°pYo ;,, CASSANDRA R TEWA
�( l 1.Y9
s RT NotaryPublic in and for the State of Texas
Notary Public, State of Texas
.. .. My Commission Expires
°4,', oAA;,0 June 24, 2013
uJl4.+L.-.J-..1L-.- ..1 ...WM.1 ,lJal,LdyiWAtlu.�,IMALB -
no
Bond No. K08236070
PAYMENT BOND
THE STATE OF TEXAS
I� COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That we, Eagle Construction & Environmental Services,
LLC, hereinafter called Principal and Westchester Fire Insurance Companv , a corporation
organized and existing under the laws of the State and fully authorized to transact business in the State of
3� Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation
organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of :
Four -hundred fifty-tbree thousand and fifty-three dollars ($453,053.00)
dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the
.. payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a
certain contract with the City of Fort Worth, the Owner, dated the day of , 2009, a copy
of which is hereto attached and made a part hereof, for the provision of
characterization, excavation, loading, transportation, and proper disposal of contamioated soils
from property located in the vicinity of 2500 Brennan Avenue and from property located in the
vicinity of 3479 West Vickery Boulevard, Fort Worth, Texas
designated as Project Number DEM 0947: Soils a copy of which contract is hereto attached, referred to,
and made a part hereof as fully and to the same extent as if copies at length herein, such project and
construction being hereinafter referred to as the `work".
NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in
accordance with the plans, specification, and contract document during the original term thereof, and any
^' extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he
shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and
. shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good
any default, then this obligation shall be void; otherwise to remain in full force and effect.
r-
:.� PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant
County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work
to be performed thereunder or the specifications accompanying the same shall in any wise affect its
obligation on this bond, and it does hereby waive notice of any such change, extension of timo alteration
.. or addition to the terms of the contract or to the work or to the specifications.
.-
9
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IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of which
shall be deemed an original, this the 28 day of Decembe .100%
ATTEST:
(Principal) SecretaryjjM
%IPPN,o t;N Vlq
(SEAL) ' p?•SGAL '�2�
vi
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Z : TEXAS---fY c
200 Valleywood Dr., Ste. A450
(Address)
Enewle Construction &
Environmental Services. LLC
Principal (4)
Marc W. Walraven — President:
(Printed Name/Title)
9701 East I-20
ADDRESS
Eastland, Texas 76448
C1TY/STATM P
Westchester Fire Insurance Company
(Surety)
- The Woodlands, Texas 77380
A. T TEST:
(Surety) Secretary Kathleen Glover
l tt,,II
(SEAL) Rosalyn T. ass�11)
(Printed Attorney -in -Facet)
Witness as o Surety Martha Silvas
T Note: Date of Bond must not be prior to date of Contract
(1) Correct name gfCauraaar
(2) A Cwporadon, a Parownhfp or and 1ntllvl&w4 as can may be
0) Corner Name ojSwnty
(4) JfCax►=w Is parrwerAip all Padwrs s5add execute bad
(S) A true copy of Power of Attorwsy shall be attached to bad by Asarn"-Fact
..r
Bond No. K08236070
J PERFORMANCE BOND
�j
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That we (1) Eagle Construction &
Environmental Services, LLC a (2) corporation of Texas hereinafter called Principal and
j
Westchester Fire Insurance Company, a corporation organized and existing under the
laws of the State and fully authorized to transact business in the State of Texas, as Surety, are
held and firmly bound unto the City of Fort Worth, a municipal corporation organized and
existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of Four -
hundred City -three thousand and fifty-three (S453,053.00) Dollars in lawful money of the
United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum
well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered
into a certain contract with the City of Fort Worth, the Owner, dated the day of , 2009,
a copy of which is hereto attached and made a part hereof, for the construction of -
characterization, excavation, loading, transportation, and proper disposal of contaminated
j� soils from property located in the vicinity of 2500 Brennan Avenue and from property
located in the vicinity of 3479 West Vickery Boulevard, Fort Worth, Texas
designated as Project Number DEM 09-17: Soils, a copy of which contract is hereto attached,
referred to, and made a part hereof as fully and to the same extent as if copies at length herein,
such project and construction being hereinafter referred to as the "work".
NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in
accordance with the plans, specification, and contract document during the original terra thereof,
and any extensions thereof which may be granted by the Owner, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which
the Owner may incur in making good any default, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie
in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the contract or
to the work to be performed thereunder or the specifications accompanying the same shall in any
wise affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time alteration or addition to the terms of the contract or to the work or to the
specifications.
J
11
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IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of
which shall be deemed an original, this the 28th day of OFE—ember
2009.
ATTEST:
(Principal) Secretary Coston
0p1ENVIR0,
Szt SEAL
U •:- x
2008 iM =
p . -SAS:. O
200 Valleod Dr., Ste. A450
(Address)
The Woodlands, Texas 77380
ii "ST:
(Surety) Secretary na l e en Glover
(SEAL)
Witness urety iartna 5iivas
EaLle Construction &
Environmental Services, LLC
Principal (4)
Marc W. Walraven — President
(Printed Name/Title)
9701 East I-20
ADDRESS
Eastland, Texas 76448
Crff/STATIV7"
Westchester Fire Insurance Company
(Surety)
(Attorney -in -Fact) (5)
Rosalyn D. Hassell
(Printed Attorney -in -Fact)
Note: Date of Bond must not be prior to date of Contract
(1) Corned name of Coninn*w
e2) A Corpanlion, a Parmershlp or and /ndlvidual. as cote my be
(3) Coma Name of Surely
(a) jfConmwlor is panwersh/p all Partners should exeoal< bond
(5) A i w cWy of Power of klormy shall be anoched fo bond by Atwm,y-be-Facr
wo
or
it W, lj%;st R vm I N-IMW Air
4 the Vice Preiidaats
sud l4ek!00100*41I.4
ire, cW ; WWA,g ,
101kil-thto be 101
7k.C�V this
NIX:-
MM,
into t.4, trig hand and aft
k X,
*u.P0WI-R 01, A
6m 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. m
s
004150272
Please look for the following additional security
features before accepting this document. IF NOT
PRESENT, DO NOT NEGOTIATE THE DOCUMENT
• Laid lines on the back of document should be
in alignment or the document is not authentic -
watch for cut and paste.
• Microprinting - under magnification, the inside
border on the front of this document should
read: "Standard Register Standardized
Security".
• Thermochromic Ink - Standard Register mark
on back of document fades from blue to clear
when heat is applied.
• An Artificial Watermark is present and is
viewable at an angle.
• Security void pattern on front if copied.
*V
.o
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contract Westchester Fire Insurance Company for information or to
make a complaint at:
ACE USA
.. Claims
6600 E. Campus Circle East, Suite 200
Irving, Texas 75063
(972) 46f5-7900
(972) 4615-7645 Fax
..
You may contact the Texas Department of Insurance to obtain information on
companies, coverage, rights or complaints at:
Texas Department of Insurance
P. 0. Box 149104
Austin, Texas 78714.9104
(800) 252.3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only
and does not become a part or a condition of the attached document and is given
to comply with Section 2253-048, Government Code, and Section 53.202,
Property -Code, effective September 1,2001.
MW
.'
INVITATION TO BID
FoRTWORTH
"I"Ir
CITY OF FORT WORTH
ENVIRONMENTAL MANAGEMENT DEPARTMENT
1000 THROCKMORTON
FORT WORTH, TEXAS 76102
PROJECT: DEM 09-17: SOILS
TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS
FORT WORTH, TEXAS
September 2, 2009
Eagle Construction & Environmental Services, LLC
Company Name
9701 East I-20
Address
Eastland, Texas 76448
City, State, Zip
09/29/09 254-629-1718
Date / Telephone #
TABLE OF CONTENTS
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
M
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 2,950 cubic yards of soil from the Brennan Service Center
property and for the furnishing of all labor, materials and equipment necessary to
perform the excavation, loading, and onsite staging of approximately 15,000 cubic yards
of soil located near Vickery Boulevard and Kimzey Street.
The MWBE participation goal for this project is percent.
1.2. General Requirements
CHAPTER 252, TEXAS LOCAL GOVERNMENT CODE, "PURCHASING AND CONTRACTING
m, AUTHORITY OF MUNICIPALITIES" DOES NOT APPLY TO THIS INVITATION TO BID FOR THE
CHARACTERIZATION, LOADING, TRANSPORTATION, AND DISPOSAL OF APPROXIMATELY
2,950 CUBIC YARDS OF SOIL FROM THE BRENNAN SERVICE CENTER PROPERTY AND FOR THE
EXCAVATION, LOADING, AND ONSITE STAGING OF APPROXIMATELY 15,000 CUBIC YARDS OF
SOIL LOCATED NEAR VICKERY BOULEVARD AND KIMZEY STREET. THE CONTRACT
RESULTING FROM THIS PROCESS IS "A. PROCUREMENT NECESSARY TO PRESERVE OR
PROTECT THE PUBLIC HEALTH OR SAFETY OF THE MUNICIPALITY'S RESIDENTS" AS
PROVIDED FOR IN SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS
INVITATION TO BID FOLLOWS A PROCEDURE. ESTABLISHED BY THE CITY, HOWEVER,
BECAUSE THIS REQUEST IS EXEMPT FROM CHAPTER 252 OF THE TEXAS LOCAL
GOVERNMENT CODE, THE CITY RESERVES THE RIGHT TO NEGOTIATE A CONTRACT AFTER
RECEIVING ALL BIDS. THE CITY RESERVES THE RIGHT TO WAIVE ANY AND ALL
IRREGULARITIES AND TO AWARD A CONTRACT IN THE BEST INTEREST OF THE CITY.
Obtaining Bid Documents: Bid documents, addenda, and specifications may be obtained
from the Environmental Management Department Web site at
httr)://www.fortworthciov.orq/purchasing• 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.
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Pre -Bid Meeting:
A pre -bid meeting will be held on Wednesday, September 9, 2009 at 9:30am in
the 7 h Floor Conference Room of the Environmental Management
Department offices located at 908 Monroe, Fort Worth, Texas.
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 overwork being performed.
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 Contractors
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.
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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, October 1,
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, October 1, 2009" placed in the lower left-hand corner of the
envelope in which the documents are delivered. If the documents are placed in an
envelope that is contained inside another envelope, the statement shall be placed on the
outermost envelope.
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.
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
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aw
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, October 1, 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.
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.
1-4
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.
or
1-5
ML
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.
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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 Initial if Included
1.
Bid Document Checklist
2.
Acknowledgement of Receipt of Addenda
!CAP
3.
Scope of Work
`Kum
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
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 /(/lily- 4--
Name Marc W. Walraven
Title President
Company Eagle Construction & Environmental Services, LLC
Date 09/29/09
2-2
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w
2.2.Acknowledgement of Receipt of Addenda
2.2.1. Check if applicable X
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 09/22/09
(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.
CONTRACTOR:
A��
Signature
Marc W. Walraven
Name
President
Title
Eagle Construction & Environmental Services, LLC
Company
09/29/09
Date
2-3
FORTWORTH
ENVIRONMENTAL MANAGEMENT
ADDENDUM
TO:
Interested Parties
FROM:
Roger Grantham, Environmental Program Manager
Department of Environmental Management
DATE:
September 22, 2009
RE:
Addendum #1
DEM 09-17: SOILS
As of Tuesday, September 22, 2009, the following apply;
A. The due date of October 1, 2009 remains. There will not be an extension of this due
date.
B. Licensing is required for the disposal facilities and applicable transporter
endorsements for hazardous waste, in addition to HAZWOPER (29 CFR 1910.120)
training of applicable site workers who will be involved in operations at the project site.
C. Soils will be temporarily stockpiled at both locations and composite grab samples will
collected for laboratory analytical testing by the CFW-contract laboratory for waste
characterization purposes.
D. Work hours will be from 0700 to 1800 each work day which will include weekends if
desired.
G. Time to complete these projects will be 30 work days from notice to proceed.
F. Liquidated Damages (if required) will commence after 30 working days have occurred.
Weather allowances will be considered.
G. Each vendor may bid on both projects cumulatively or may just bid on either one of
the project sites.
IML
2500 Brennan Avenue
1. The drainage channel will need to be sealed along the northern edge of the
project area and the accumulated storm water will therefore be diverted to the
eastern portion of the City -owned property.
2. Considerations for equipment to pump the accumulated storm water and the
necessary piping and/or hose to redirect the storm water from the project site
should be calculated within the cost breakdown tables in Section 2.4.
3. Approximate distances for diversion of the accumulated storm water from the
northern edge of the project area ranges from 1,200 linear feet to 1,400 linear
feet to the east.
4. The excavated soils from the drainage channel will be temporarily stockpiled
adjacent to the shoulder of the drainage channel. After composite sampling and
waste characterization has been completed, the soils will then be transported off -
site to the appropriate waste disposal facility.
5. Excavation limits of the drainage channel will generally be from 3.0 feet bgs at
the northernmost edge of the project area to approximately 8.0 feet bgs at the
southernmost edge of the project area. Width of the excavation will be
approximately 15.0 linear feet, approximately 7.5 linear feet each direction from
the centerline. This will accommodate two 6' x 8' box culverts which will replace
the existing open drainage channel.
_ 6. Associated silt -fencing utilized at the site may be required to be removed and
relocated in order to allow for the temporary stockpiling of the excavated soils
from the drainage channel. Costs should be included in Section 2.4.
7. Additional equipment may be utilized in the drainage channel and equipment
access ramps may be constructed.
8. Accumulated water that may have been contaminated due to the exposure to the
contaminated strata will be required to be pumped out of the project area and
stored onsite and subsequently sampled in order for waste disposal
considerations. Contaminated water will then be transported to the appropriate
waste disposal facility.
9. Stockpiled materials will need to be covered with at least 6 mil poly while
awaiting final waste disposal characterization.
• 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 2,950 cubic yards of soil from the
Brennan Service Center property and for the furnishing of all labor, materials and
equipment necessary to perform the excavation, loading, and onsite staging,
characterization, loading, transportation, and disposal of approximately 15,000
cubic yards of soil located near Vickery Boulevard and Kimzey Street.
i. Site Information
w
The impacted soils are located 2500 Brennan Avenue and 3479 West
Vickery Boulevard. These sites have ample open areas for unloading
equipment and loading of tractor -trailers for transportation to the
appropriate disposal facility.
Location
Petroleum Impacted Soils
2500 Brennan The City will provide sampling analysis for use in
Avenue characterization and profiling. These soils will be
excavated, temporarily stockpiled for the short term to
allow for accurate soil characterization, and
subsequently dispatched to the appropriate waste
disposal facility. Soils have identified with over 1,500
ppm TPH (C12-C28).
3479 West Vickery The City will provide sampling analysis for use in
Boulevard characterization and profiling. These soils will be
excavated, temporarily stockpiled onsite to allow for
accurate soil characterization, and subsequently
dispatched to the appropriate waste disposal facility,
if needed.
Cubic Yards
2,950 CY
15,000 CY
"Please select the project or projects that you intend on placing a bid for consideration
(place a check mark by each of the projects for which this bid is representative of):
Location
2500 Brennan Avenue
3479 West Vickery
Boulevard
Intention to Bid
Yes( ) N o ( )
Yes( ) N o ( )
no
Project Coordination
Contractor will be responsible for coordinating with the Environmental
Ms t z. t Department, immediately after receipt of notice to proceed.
The City will furnish a representative for signatory requirements for the
waste manifests.
• 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.
1. Associated Costs for Waste Disposal as Class 1 Non -
Hazardous (includes excavation and transportation)
Item
Estimated Quantity
Unit
Cost
Days to
Complete
Cost Estimate
Extended
2500 Brennan
2,950
$ 1 CY
$
Avenue
Cubic Yards
3479 West Vickery
15,000
�Y
$
Boulevard
Cubic Yards
TOTAL $
2. Associated Costs for Waste Disposal as Class 2 Non -
Hazardous .(includes excavation and transportation)
Item
Estimated Quantity
Unit
Cost
Days to
Complete
Cost Estimate
Extended
2500 Brennan
2,950
$ �`
$
Avenue
Cubic Yards
3479 West Vickery
15,000
/ CY
$
Boulevard
Cubic Yards
TOTAL
M
3. Costs for Clean Backfill Install (if required)
Item
Estimated
Unit
Cost Estimate
Quantity
Cost
Extended
3479 West Vickery
15,000
1 CY
$
Boulevard
Cubic Yards
4. Costs for Onsite Storage of Contaminated Vyater from
ProieCt Site (if required)
Item
Estimated
Unit
Cost Estimate
Quantity
Cost
Extended
2500 Brennan
5,000
$ / Gal
$
Avenue
Gallons
5. Costs for Disposal of Contaminated Water from Project
Site(if required)
Item
Estimated
Unit
Cost Estimate
Quanti
Cost
Extended
2500 Brennan
5,000
$ 1 Gal
$
Avenue
Gallons
6. Costs for PumRjag Redirected Surface Water from
ProieCt Siteaf required)
Item
Estimated
Unit
Cost Estimate
Quantity
Cost
Extended
2500 Brennan
30 Days
$ /Day
$
Avenue
Contractor shall complete all phases of work to achieve substantial completion
within 30 working days of receipt of notice to proceed.
no
up
I -A
17-1
CONTRACT2ha' OR: t
Signature
Marc W. Walraven
Name
President
Title
Eagle Construction & Environmental Services, LLC
Company
09/29/09
Date
W VICKERY STREET
W B-
s I TwMW-1 B-3 B-4 BB-13
TMW-5 B-20
y J B-23
I 90 B-17 8-14 10
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B-1 :: :.
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/ C6[Y1� EXCEED24G PCLz COCs EXCEEDING PCLs
LFJ� LEAD
MERCURY ARSENIC
TCE
UPROPOSED EXCAVATION (APPROX)
COMMERCIAL/IN DUSTRIAL 'SOIL— • PCL
LEGEND: ��� EXCEEDANCE ZONE
N CE E COMMERCAILIINDUSTRIAL
m�Lm. PCL
{t} ENERCTIN SOIL BORING
ENERCON SOIL BORING AND TEMPORARY MONITORING WELL —- — • — • —' — PROPOSED WATER LINE
JACOBS SOIL BORING _ GRAVEL ROAD
S E PBV SOIL BORING {-�}}}}}}{{} RAILROAD TRACKS (UPRR)
50 100 200
—��01 PBV SOIL BORING AND TEMPORARY MONITORING WELL
0
Class 3 Soil Exceedance Volume
Depth Area___
Volume
(ft) (sq. ft.)
(cu. yds)
Area 1
12 18,843
8,375
Area 2
2 5,482
406
Area 3
30 4,796
1,776
Area
4 3,093
458
Total 32,214
11,015
sq. ft.
cu. yds
20%Expansion
13,218
cu. yds
FORMER HOWELL INSTRUMENTS
3479 WEST VICKERY STREET
FORT WORTH, TEXAS
FORT WORTH
r.13ENERCON
COMMERCIAL/INDUSTRIAL
SOIL COC PCL EXCEEDANCE
PROPOSED SOIL EXCAVATION MAP
PROJECT NO,, FWTHFS038
BRENNAN AVENUE DRAINAGE UPGRADE
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2 I f FORT WORTI wale Data , hL M CITY OF FORT WORTH, TEXAS
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• Scope of Work
T 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 2,950 cubic yards of soil from the
Brennan Service Center property and for the furnishing of all labor, materials and
equipment necessary to perform the excavation, loading, and onsite staging,
characterization, loading, transportation, and disposal of approximately 15,000
cubic yards of soil located near Vickery Boulevard and Kimzey Street.
Location
i. Site Information
The impacted soils are located 2500 Brennan Avenue and 3479 West
Vickery Boulevard. These sites have ample open areas for unloading
equipment and loading of tractor -trailers for transportation to the
appropriate disposal facility.
Petroleum Impacted Soils
2500 Brennan The City will provide sampling analysis for use in
Avenue characterization and profiling. These soils will be
excavated, temporarily stockpiled for the short term to
allow for accurate soil characterization, and
subsequently dispatched to the appropriate waste
disposal facility. Soils have identified with over 1,500
ppm TPH (C12-C28).
3479 West Vickery The City will provide sampling analysis for use in
Boulevard characterization and profiling. These soils will be
excavated, temporarily stockpiled onsite to allow for
accurate soil characterization, and subsequently
dispatched to the appropriate waste disposal facility,
if needed.
Cubic Yards
2,950 CY
15,000 CY
"Please select the project or projects that you intend on placing a bid for consideration
(place a check mark by each of the projects for which this bid is representative of):
Location
2500 Brennan Avenue
3479 West Vickery
Boulevard
Intention to Bid
Yes(X) No( )
Yes (X ) No( )
2.4.2. Project Coordination
Contractor will be responsible for coordinating with the Environmental
Management Department, immediately after receipt of notice to proceed.
The City will furnish a representative for signatory requirements for the waste
manifests.
.s
am
►2
ba
A 2-5
as
ii. Project Coordination
Contractor will be responsible for coordinating with the Environmental
.,
Management Department, immediately after receipt of notice to proceed.
The City will furnish a representative for signatory requirements for the
waste manifests.
• 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.
K.
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.
1. Associated Costs for Waste Disposal as Class 1 Non -
Hazardous (includes excavation and transportation)
Item
Estimated Quantity Unit Days to Cost Estimate
Cost Complete (Extended)
2500Brennan
2,950 $ 56.27 /CY 7 $ 165, 996.50
Avenue
Cubic Yards
3479 West Vickery 15,000 $ 54.05 / CY 18 $ 810,750.00
Boulevard
Cubic Yards
TOTAL 25 $ 976,746.50
2. Associated Costs for Waste Disposal as Class 2 Non -
Hazardous (includes excavation and transportation)
Item
Estimated Quantity Unit Days to Cost Estimate
Cost Complete (Extended)
2500 Brennan
2,950 $ 25.34 / CY 7 $ 74,753.00
Avenue
Cubic Yards
3479 West Vickery
15,000 $ 23.56 / CY 18 $ 353,400.00
.. Boulevard
Cubic Yards
TOTAL 25 $ 428,153.00
3. Costs for Clean Backfill Install (if required)
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
3479 West Vickery 15,000 $ 8.60 / Cy $ 129,000.00
Boulevard Cubic Yards
4. Costs for Onsite Storaqe of Contaminated Water from
Project Site (if required)
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
2500 Brennan 5,000 $ 0.40 / Gal $ 2,000.00
Avenue Gallons
5. Costs for Disposal of Contaminated Water from Project
Site(if required)
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
2500 Brennan 5,000 $ 0.68 / Gal $ 3,400.00
Avenue Gallons
6. Costs for Pumpinq Redirected Surface Water from
Project Site(if required)
Item Estimated Unit Cost Estimate
Quantity Cost (Extended)
2500 Brennan 30 Days $ 650. 00 / Day $ 19,500.00
Avenue
Contractor shall complete all phases of work to achieve substantial completion
within 30 working days of receipt of notice to proceed.
CONTRACTOR:
�GV Eagle Construction & Environmental Services, LLC
Signature Company
Marc W. Walraven 09/29/09
Name Date
President
Title
It is Eagle's understanding that the client will analyze all samples on a 24-hour turn around
basis to characterize and profile the contaminated soil. The City will be responsible for all
sampling and analysis including water. Pricing is based on a single mobilization and
demobilization. Pricing is based on backfilling and bucket compacting the excavation using
common fill material at 3479 Vickery Blvd. Pricing does not include any geotesting/density
testing. Pricing does not include providing truck liner.Pricing does not include providing any
flagman or traffic control measures. The unit pricing is based on manifested truck yards and
i
not in -place cubic yards and it is our understanding that Eagle will be paid from the waste
manifest quantity. Eagle's pricing does not include performing any survey.
M
2.6. 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.
2.6.1. 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.
2.6.2. 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.
NW 2.6.3. 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)
2.6.4. 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
2.6.5. 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
s
EAaEt)
2.6 Contractor Information & Qualifications
2.6.1 Company Information
Address
Telephone Number
Email Address
Fax Number
Local Office
9204 Hwy 287 N. W.
Fort Worth, Texas 76131
817-847-1333
jtponder@ecesi.com
817-306-8086
2.6.2 Statement of Qualifications
Introduction and Background
Headquarters
9701 East 1-20
Eastland, Texas 76448
254-629-1718
marcw@ecesi.com
254-629-8625
Eagle Construction & Environmental Services, LLC
(Eagle) is a certified small business full service
Quick Facts
industrial and commercial demolition, environmental
Small Business Contractor
remediation, specialized construction, industrial
400 Employees
services and emergency response company with one
27 Years in Business
goal: to turn adversity into peace of mind for our
10 Office Locations
NEW
clients. Over the past 27 years, Eagle has developed
27 Years Industrial Demolition
a team of personnel and equipment resources capable
of providing a top quality project each and every
time.
EAGLE'SEagle
is classified
4
under NAICS Code
Proven Experience with Remediation and Industrial Service
562910
Activities =
• Overall lower cost
(Environmental
{ •Confidence the project will be performed correctly the first
time Remedial Actions) and
• Personnel familiar with successful contract implementation
meets the small
•A project performed correctly the first time, every time
business standard of
500 employees or less.
¢ - Majority of Services Performed In -House =
+ Eagle is a company of
t *Overall lower cost
people dedicated t0
*Streamlined, cost effective services
i livern
•Decreases the amount of hand-off to subcontractors and errrors inherent delivering best -value
therewith
services and solutions
• Ensures qualified personnel are utilized on each task of each project
. through innovative
ow
A- __—_ ..:.___.. - _. _ _ I _ _ _ . __.._.
_ ...1i applications of science
Innovative Approaches to Remedial Activities =
and technology. Eagle
*Overall lower cost
is committed to the
- -The breadth of Eagle's skill set is unmatched
•
highest standards of
-Shorter duration from initial call to project completion
ethical behavior and
• Remedial actions such as in -place treatment to reduce disposal costs
�
r
.. Eagle Construction & Environmental Services, LLC
professional integrity as we deliver cost effective, high quality services. Eagle has an extensive
base of repeating and satisfied clients, including federal, state and local governments and
industrial/commercial companies. Eagle began operations in 1981 and has grown to more than
$50 million in sales per year.
Form of Organization and Primary Business Experience
As a full service environmental company, Eagle's services cover the full range of corporate
needs from the predictable and planned to the sudden emergency and disaster situations. Eagle's
capabilities range from industrial demolition and environmental remediation to waste
management and emergency response, with its primary business experience in industrial
demolition, environmental remediation and emergency response projects.
Since Eagle's founding in 1981, our experience is that the key concerns of our clients invariably
involve some type of adversity; be it to disassemble large facilities while allowing the facility to
continue operations, remediate various hazardous constituents,
resolve safety or technical issues, restore value to their land or
respond to an emergency situation. To solve these problems,
Eagle is committed to doing the work right the first time, every
time.
y Employees, Length of Time in Business and Office Locations
Eagle is successful because of its continual investment in
highly trained and experienced personnel. Eagle staffs 400
people ranging from Program Managers, Project Managers, Chemists, Geologists, and
Environmental Scientist to Remediation Superintendents, heavy equipment operators and
environmental and demolition technicians.
Eagle has been performing industrial and commercial demolition, remediation, and emergency
services for over 27 years. Eagle maintains a wide array of equipment and personnel resources
throughout 10 office terminal locations as follows:
Eagle
Office Locations
Office
Terminal Manager
Phone Number
Fax Number
Email
Headquarters
Eastland, Texas
Marc Walraven
254-629-1718
254-629-8625
marcw@ecesi.com
La Porte, Texas
Mark Allen
281-867-9131
281-867-9150
markallen@ecesi.com
Fort Worth, Texas
J.T. Ponder
817-847-1333
817-306-8086
jtponder@ecesi.com
+ Cibolo, Texas
Mark Anderson
210-566-8366
210-566-6247
marka@ecesi.com
Gonzales, LA
Ferrell Brunet
225-677-7877
225-677-5474
ferrelb@ecesi.com
Middletown, Ohio
Darryn Warner
513-217-6593
513-217-6595
darrynw@ecesi.com
., Harriman, TN
Kelly Johnson
865-882-7717
865-882-7719
kellyj@ecesi.com
Findlay, Ohio
DJ Bays
419-425-5845
419-425-5851
djbays@ecesi.com
Marion, Ohio
Chris Bean
740-382-5600
740-382-9504
chrisb@ecesi.com
Highland, Indiana
David Estep
219-922-6660
219-922-6661
davidestep@ecesi.com
Tyler, Texas
Brad Cathey
903-592-9200
903-592-9211
bradc@ecesi.com
w Eagle Construction & Environmental Services, LLC
t
Eagle also maintains contractor licenses and other specialty licenses (i.e. transportation,
hazardous materials management, UST removal, etc.) in 18 states. Eagle has completed work in
48 states and within Mexico and Canada. Various licensing we maintain are identified under
separate tab. Our personnel also maintain individual professional licenses (i.e. engineers,
geologists, hydrogeologists, etc.).
Personnel
One factor setting Eagle apart from its competition is its investment in experienced personnel
and continual training. Eagle currently maintains a workforce of over 400 full-time dedicated
employees committed to doing work right the first time, every time. Our professional staff
includes Senior Project Managers, Supervisors, Professional Geologists and Hydro Geologists,
Engineers, Estimators, Principle Environmental Managers, Quality Assurance/Quality Control
Managers and Site Representatives, Health and Safety Managers and Field Officers, Schedulers
�. (Primavera and Microsoft Project), Remediation Supervisors, Emergency Response Supervisors,
Contract Administrators, Purchasing Agents, Operators, Environmental Technicians and other
personnel.
Eagle's personnel not only have the experience
requiredsuccessfully"There are a lot of good people working for you and I
and knowledgeto
q think you have put together a great team. I know
perform in the environmental field, but also when I call Eagle, the job will get done right the first
possess specific, working knowledge of time."
remediation. Eagle has performed thousands - Ken Clark
VANI�,. of remediation projects. Eagle personnel are Sr. Environmental Engineer
well versed in typical planning, regulator Bell Helicopter
interface, pre -mobilization submittal requirements, daily documentation of project activities,
quality assurance and control requirements, scheduling, and overall project management. Eagle
also maintains a staff of highly experienced personnel well versed in local, state and Federal
regulations.
Eagle's management team is a vital part of the key aspects of every project. Eagle's dedication
to communication at all levels of the company has created innovative cost effective approaches
« to each and every job. Eagle's management control system allows key personnel to be involved
in key items of each task and provides a system for Eagle's management team to immediately
respond to unknown events/obstacles encountered in the field. See attached Staff Matrix in
section 2.5.5.
Project Mirnagenzent
■
Eagle will appoint a Project Manager along with other key personnel and resources upon receipt
of the awarded project. The Project Manager is responsible for coordinating efforts on pre -
mobilization preparation and interface with in-house and subcontracted personnel as well as the
client representative. The Project Manager coordinates with the Manager of Project Management
on a weekly basis providing project updates and performing in-house schedule reviews. In turn,
the Manager of Project Management provides project updates to the President/Principal-in-
Charge. With regard to subcontracted portions of the work, Eagle's Project Manager is
responsible for coordinating procurement of a best overall value subcontractor to perform the
w
a Eagle Construction & Environmental Services, LLC
0
EAG
_ subcontracted work. Once documentation has been established and subcontractor selection has
been made, the appointed supervisor is responsible for overseeing the subcontractor field
personnel.
r.
With respect to field activities, Eagle will appoint a Supervisor who specializes in the type of
project being performed. For example, an excavation/remediation project will receive a
Supervisor who is knowledgeable and experienced with excavation and remediation services.
Since demolition involves a broad spectrum of activities, Eagle will appropriately evaluate each
project and assign a Supervisor with specific experience (i.e. concrete, heavy lifting, etc.). This
same evaluation process is performed on all of our projects including demolitionn, industrial
services, asbestos abatement and emergency response projects.
Eagle Procedures for Cost Reductions
• Utilizing sampling and analysis to identify waste streams and create profiles to approved disposal
facilities prior to mobilization to reduce any incurred fees for rented storage containers to store
waste while awaiting profile and disposal.
• Identifying waste streams that can be recycled at no (or reduced) costs to the client.
• Utilizing a best -value approach when selecting subcontractors to supplement Eagle's own
resources. The best -value approach includes selecting the most qualified subcontractor for the
specific job tasks at the lowest costs.
• Properly planning the work and working the plan including frequent meetings and
communications with the PM allowing Eagle to make necessary changes to increase productivity
and quality on -site.
go � The Supervisor is responsible for the day to day operations including oversight of the field staff
(operators, technicians, etc.) and subcontractors that may be employed. The Supervisor will
report to the Project Manager on a daily basis. Although receiving information directly from the
Supervisor, the Project Manager is required to communicate with the other key personnel to
ensure work is being performed in accordance within the specifications set forth and other
governing regulations. Dependent on the size and complexity of the project, Eagle's Supervisor
may serve as the onsite Health and Safety Representative. Each Supervisor is well versed in
Eagle's safety policies and procedures and day to day implementation of such. Prior to the start
of each workday, the Supervisor will hold an on -site tailgate meeting to outline health and safety
_ issues and daily project goals and any concerns of the client's on -site representative. Upon
completion of each workday, the Supervisor will meet with the client's on -site representative to
discuss the items covered in the on -site tailgate meeting. Items of discussion will include any
new health and safety issues, daily project goal evaluation, satisfaction of the client's on -site
representative and daily cost breakdowns. This information will be relayed each day from the
Supervisor to the Project Manager.
Other subject matter experts such as geologists, engineers, quality assurance
managers/representatives, industrial hygienists, health and safety managers, etc. that are required
will report to the Project Manager on project specific matters. The following organizational
chart shows general company structure and reporting.
E Eagle Construction & Environmental Services, LLC
Remediation and Industrial Services Capabilities
Remediation Capabilities
ow
Eagle possesses extensive capabilities and experience in the remediation of contaminated and
environmentally impaired sites, as well as cleanup, handling and disposal of hazardous materials.
The key advantage Eagle offers is our ability to provide an integrated approach to environmental
management as well as our ability to handle all project phases from investigation through design
to final cleanup. The result is enhanced control and the ability to streamline costs by employing
one provider to manage and execute all phases of a project.
no
i
W -omw
Project Experience
Eagle has 27 years of experience in performing
remedial action projects ranging in size and
complexity. Eagle's experience including
hazardous waste removal, large excavation
projects, drum removals, UST removals, superfund
site work, and many other environmental
remediation related activities. Major elements of
the projects site set up including implementation of
best management practices, utility locates,
remedial action (i.e. excavation, in -site treatment,
groundwater, treatment/removal, etc.), waste
segregation and downsizing, loading, transportation, disposal, and site restoration activities
project references in section 2.5.4.
See
Eagle maintains a large base of clients spanning both the government and private sectors. Eagle
performs a large amount of work through repeat business as well as new customer work gained
through marketing and word of mouth. Eagle has provided services for the following clients:
3M
-Alon USA
American Electric Power
Arcadis Gerraghty & Miller
Ashland Chemical Company
Austin Energy/City of Austin
Bechtel Jacobs Company
BNSF Railroad
BWXT Y-12 CH2M
CH2M Hill
Chevron Phillips Chemical Co.
CITGO Petroleum Corporation
Conoco Phillips
CSX Railroad
Department of Energy
Department of the Navy
Dow Chemical Company
Duke Energy
Explorer Pipeline
Exxon Mobile
FedEx
Fina Oil and Chemical Company
Flour Daniel
General Electric
Halliburton Energy Services, Inc.
Lone Star Steel
Marathon Ashland Petroleum
Motorola
National Semiconductor
Norfolk Southern Railroad
Eagle Construction & Environmental Services, LLC
Occidental Chemical Corporation
Parkland Health & Hospital System
Phelps Dodge Corporation
Peterbilt
Proctor & Gamble
Samsung
Shell Refinery Company
Tetra Tech
Texas Electric Cooperative
Trinity Industries
Union Pacific Railroad
UPS
URS
Van Cleve and Elder
Waste management
Eagle currently owns and maintains in excess of $18M worth of field equipment assets ranging
from small tools such as generators, pumps, and compressors to heavy equipment such as dozers,
excavators with various attachments (hammers, shears, grapples, thumbs, buckets, etc.), front-
end loaders, backhoes, skidsteers, maintainers, tractors, man -lifts, vacuum trucks, air movers,
dump trucks, roll -off trucks, and roll -off containers. Eagle also owns a company airplane for
rapid deployment of resources to emergency and expedited situations as well as periodic
,.. management and health and safety field inspections of projects.
Eagle continually invests in state-of-the-art equipment to ensure that work is being performed as
safely and efficiently as possible.
Health and Safety Program.
Eagle considers health and safety the most important function on every project we perform.
Eagle is committed to maintaining our zero incident policy. Safety does not just begin when you
mobilize to the project site; it begins upon award of the project. Eagle has worked hard and
successfully developed a company mindset that safety is first. All of our employees from the
President to the field technicians are responsible for safety; not only their own, but their co-
workers, our clients and the surrounding environment.
In order to successfully implement practical safety that works, Eagle begins with the pre -
mobilization phase of the project in order to allow our personnel to "Plan the Work, and Work
the Plan". The pre -mobilization phase typically will consist of preparing required submittals in
accordance with the contract or scope of work. These documents may be in-house or submitted
to the client dependent upon contract requirements. Eagle maintains a database of similar
documents that will allow quick preparation and eliminate lost time due to multiple review
cycles.
The pre -mobilization submittal process is key in effectively establishing an Integrated Safety
Management System into the project. Eagle will incorporate safety and quality into the work
process before the work starts. Each key submittal is prepared with safety and quality in
mind. Prior to beginning the submittal preparation process, the assigned key personnel will
perform a document review including, but not limited to, provided characterization data, facility
photos, drawings, and the contract documents. Following document review, a site inspection
will be performed to evaluate the worksite. Documentation review and the site inspection assist
the key personnel with the following:
■ Familiarize with the scope of work
■ Evaluate hazards associated with the work
■ Determine if data gaps are present in any characterization data provided
■ Attempt to identify major issues prior to beginning work
• Prepare outline for key submittals
a Eagle Construction & Environmental Services, LLC
Following the above preparation activities, Eagle key personnel begin to prepare the required
pre -mobilization submittals. Key pre -mobilization submittals
typically include the following: ' '
■ Work Plan. Defines the scope of work and outlines
details associated with key phases of work including
mobilization, site preparation, deactivation, demolition,
site restoration and demobilization. Written by Project
Manager and Supervisor. J o'INORNSAFELr
■ Waste Management Plan. Discusses waste streams 'd�lem a '
associated with the project. Outlines characterization conmis
requirements to meet the Waste Acceptance Criteria
(WAC) at various disposal facilities. Identifies
anticipated quantities and container/packaging ISMS Functions are integrated into
requirements. Written by the Project Manager and work planning and execution
Waste Disposal Coordinators.
• Transportation Plan. Describes over the road packaging requirements, DOT inspection
requirements, transportation routes, etc. Written by the Project Manager and Supervisor.
■ Task Speeirie Safety and Health Plan. Outlines a task specific approach to safety for the
project. Written by the ES&H Manager.
■ Activity Hazard Assessments (AHAs). Outlines hazards, causes and protective measure
for specific activities. Reviewed in Plan of the Day (POD) meetings for current work
activities. Written by the ES&H Manager with input from the Project Manager, field
supervision and field craft.
■ Subpart T Engineering Survey. Describes facility conditions and safety concerns
associated with entering and working in and around structures. Conducted by the
Supervisor, Project Manager and Health and Safety personnel. Required by 29 CFR
1926, Subpart T — Demolition, Section 850(a), which states, "prior to permitting
employees to start demolition operations, an engineering survey will be made, by a
competent person (i.e. one who practices engineering and is currently registered in the
State) of the structured to determine the condition of the framing, floors, and walls, and
possibility of unplanned collapse of any portion of the structure. Any adjacent structure
where employees may be exposed will also be similarly checked."
■ Outlines quality related items associated with the project
including surveillances and inspections, equipment receipt, submittal preparation and
review, document control, procurement, establishment of QA hold points, training matrix
and training surveillances on all project personnel, and many other quality related items.
Prepared by the Quality Assurance Manager.
Worker feedback. Prior to submitting the pre -mobilization documents to our clients, Eagle may
review the documents with various field craft. This input adds functionality to the documents.
Management Review Meeting. Upon review and approval of all required pre -mobilization
W submittals, Eagle will conduct a management review or pre -construction meeting with the client.
The meeting will establish Eagle's readiness to proceed with fieldwork. Key topics will consist
of the following:
`- o Safety Topic o Detailed Discussion of Next 3 Weeks
Eagle Construction & Environmental Services, LLC
o Introduction of Key Personnel o Waste Management Activities
o Preparation for Work Activities o Quality Assurance Activities
o Submittals o Safety Related Items
- Submittal Register Review (discuss status
2 documents)
o Sequence of Events (Schedule Review)
Eagle will conduct daily Plan of the Day (POD) meeting to cover specific work activities
and associated hazards. Each meeting will start with a sla t o ), m i n u l c followed by a
craft safety minute (craft is randomly selected). This creates an atmosphere of involvement for
craft personnel and gets them thinking safety. The safety minutes are followed by a work
improvement minute that allows craft to participate in providing the Eagle management team
with feedback on improving worker safety and/or work methods. The worker improvement
minute provides Eagle management with an aspect that may not otherwise be seen.
In the field, Eagle's Supervisor or appointed Health and Safety representative serves as the main
point for health and safety functions including insuring that our personnel are performing the
work in accordance with the established health and safety policies and procedures.
Again, Eagle is committed to safety and is constantly looking for ways to insure each project is
VP conducted in the safest manner as possible.
Shall Business Utilization
Eagle understands the importance of and is committed to diversity in minority participation.
Eagle evaluates every subcontracted opportunity as an avenue to create diversity and strengthen
business relationships with minority contractors.
Existing Programs In order to facilitate communication with minority, disabled and other
disadvantaged business enterprises, Eagle has established procurement principals to assist
procurement agents and project managers with the means and methods to affectively contact and
receive quotes from disadvantaged businesses. The principals are as follows:
• Determine subcontractor needs for each project
• Evaluate previous procurement records for previously utilized disadvantaged business in the
area of the required resource
• Evaluate local, state, and federal lists (typically internet based) for certified disadvantaged
businesses
• Contact the disadvantaged business via phone, email, or fax with information regarding the
subcontracted opportunity and request intent to bid
• Work with the disadvantaged business to obtain a competitive quote
r • Compare disadvantaged business proposals with others to determine best overall value with
value being placed on the disadvantaged status
• Make award based on best overall value
Eagle maintains working relationships with multiple disadvantaged businesses. For example,
Eagle is involved in a joint venture with a disabled veteran company. Eagle is also involved in
r
Eagle Construction. & Environmental Services, LLC
%.e
4:t
EAG*
mentor -protege programs serving as a mentor to disadvantaged business enterprises.
Eagle's Cotnrnittnent
Eagle's past performance, quality personnel, equipment portfolio, and versatile services
demonstrate the capacity and capability of Eagle to provide services for any of your project
needs. Eagle is able to streamline management procedures and provide our clients with greater
cost control, timely performance, and sole points of contact for improved communication,
interfacing with regulators, and conforming to specifications. Eagle's ability to utilize direct
communication channels to monitor personnel and the progress of work creates a safe and
efficient working environment and eliminates inter -team delays.
SL inmarV
Eagle is a company where quality and value matters. We deliver to our clients the best -value
services and solutions, the first time, every time. Eagle's commitment to the highest standards of
safety, quality, ethics and value make us a step above the rest. As a full service environmental
company, our comprehensive services cover the full range of our clients needs, from the
predictable and planned to the emergency and disastrous.
Eagle Construction & Environmental Services, LLC
i Licenses and Certifications
Eagle is a licensed UST Contractor, Hazardous Waste Transporter, and an LPST Corrective
Action Specialist. Eagle is qualified to perform work in Texas, Oklahoma, Arkansas, New
Mexico, Arizona, Louisiana, Mississippi, Georgia, Alabama, Florida, Ohio, Tennessee,
Kentucky, Maryland, Indiana, Illinois, North Carolina, South Carolina and Colorado.
i
Texas licenses held by Eagle are listed as follows and attached along with Eagle's Texas
Sales/Use Tax Certificate and Certificate of Good Standing from the Texas Secretary of State:
TEXAS
TCEQ Sludge Transporter ID NO. 24078 EXP. 08/31/10
TCEQ Industrial & Hazardous Reg. No. 41981— Region 4 EPA No Exp. Date
Waste Transporter No. TXD982552374/Region 4
TCEQ LPST Corrective Action Reg. No. CS0000124 Exp. 04/08/12
Specialist
TCEQ UST Contractor Reg. No. Pending Approval Exp. TBD
Motor Carrier Permit No. NC670682 Exp. 01/31/10
TDH Asbestos Transporter Transport No. 400407 Exp. 01/25/11
USDOT Hazardous Materials Reg. No. 111108 550 010QR Exp. 06/30/10
Registration
Texas General Land Office Discharge Cleanup Organization Exp. 03/27/12
Certificate No. 99-002
Eagle Construction & Environmental Services, LLC
No
04/01/2009 14:41 FAX
Buddy Garcia, Chairman
Larry R. Soward, Commissioner a'1
�.r Bryan W. Shaw, Ph.D., Commissioner w'
Mark R. Vickery, P.C., Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texasi�ljjrxT,Ctjenting Pollution
MS. NANCY VINSON
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC
PO BOX 872
EASTLAND, TX 76448-0872
Re: Sludge Transportation Registration
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES
Registration Number: 24078 CN603440306 RN105157358
Dear Ms. Vinson:
C. UZU/UZU
The Section Manager of the Registration and Reporting Section has issued the enclosed
registration in accordance with Title 30 of the Texas Administrative Code (30 TAC) Chapter 312
Subchapter 0. This action is taken under authority delegated by the Executive Director of the
Texas Commission on Environmental Quality.
:) Issuance of this registration is not an acknowledgment regarding compliance of your operation
with state and federal rules and regulations. Failure to comply with all rules and regulations may
result in enforcement action and/or the revocation of your registration.
Your registration number is required to appear on all tanks and containers used for the collection
and transportation of sewage sludge and similar waste. It should also be used on all
correspondence regarding your sludge registration.
A copy of your sludge transporter registration, a copy of your application for registration and
copies of all amendments to this registration must be available at all times and at all locations
where business is being transacted under this registration, including all motorized vehicles
operated under this registration.
If you have any questions or comments, please contact the Sludge Transporter Registration
Program at (512) 239-3695.
Sincerely,
Vanessa J. Schiller, Manager
Registration and Reporting Section
Permitting and Registration Support Division
VJS/cej
Enclosures
cc. TCEQ Region 3 Office, Abilene
P.O. Box 13087 0 Austin, Texas 78711-3087 9 512-239-1000 0 Internet address: www.tceq.state.tx.us
--.rr,nn����e.1• li"" -
0009 14:39 FAX 003/020
S1gTr L;?, Lj D -7 elW1 Kit -
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
SLUDGE TRANSPORTER REGISTRATION
Registration Number: 24078 CN603440306 RN105157358 A N4p u
1/23/2009 For the Con nission
Company:
Regulated Entity:
Business Type:
County:
Raul waste from TX
to another state?:
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES LLC
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES
OTHER
Eastland
Physical Address:
9701 IH 20 E
EASTLAND, TX 76448-5615
Mailing Address:
PO BOX 872
EASTLAND, TX 76448-0872
Sticker Numbers issued:
3828
3829
3830
3838
3839
3840
3848
3849
3850
sh 3858
3859
3860
Last Update: 1/22/2009
Expiration Date: 8/31/2010
Status: ACTIVE
Registered Since: 1/21/2009
Region: 3
Maul waste from
another state to TX?:
Contact Information:
Contact: MS. NANCY VINSON
Phone: 254-629-1718 Ext:
Fax: 254-629-8625 ,,.-
E-Mail: nanccyv fcom
The stickers listed below will expire on 8131/2010Qy�r��
3831 3832 3833 3834 3835 C,0�p3836 3837
3841 3842 3843 3844 3845 3846 3847
3851 3852 3853 3854 3855 3856 3857
3861
This Is your repistratlon which reflects the information submitted on your application to the Register or Renew as a Transporter of Municipal Sludge(s)
and Similar Wastes. Requirements for transportation are provided In accordance with 30 TAC Chapter 312. issuance of this registration is not
admowledgement by the TCEQ that your operation is in full compliance with the rules and regulations of the TCEQ. Changes or additions referred to this
notice require written notification to the TCEQ. Please keep a copy of this registration in every vehicle transporting sludge and all locations where
■ business is being transacted under this registration.
R�
t'
+ IHW020 **" TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY *+*
Page: 1
Notice
of Registration
Date: 04/09/09
Industrial and Hazardous Waste
41981 Eagle Construction and Environmental Services LLC
Solid Waste Registration Number; 41981 EPA Id: TX0982552374
Company Name: Eagle Construction and Environmental Services LLC
Region: 4
Initial Registration Date:
07/09/1992
Site Name: Eagle Construction and Environmental Services
County: 220 Tarrant
Last Amendment Date:
12/29/2008
Site Location: 9204 US Highway 287, Fort Worth, TX
Land Type:
Last Date NOR Computer update: 01/26/2009
Primary Contact: Clay, Rob
Title: Transportation Manager
Phone: 1-800-336-0909
or 817-847-133
Mailing Address: PO Box 872
Site Street Address:
9204 US Highway 287
Eastland, TX 76448
Fort Worth, TX 76131-3029
Registration Status; Active
Registration Type: Transporter
Transporter Type: For hire
Transport Wst Class: 1 H
NAICS Code: 484110 General Freight Trucking, Local
Tax Identification #: 320382145
Handler Status:
Operator Information
Owner Information
Name: Eagle Construction and Environmental Services LLC
Name: Eagle Construction and Environmental Services
LLC
Phone: 254-629-1718 ex 212
Phone: 254-629-1718
ex 212
Address: PO Box 872
Address: PO Box 872
Eastland, TX, 76448
Eastland, TX,
76448
Billing Contact:
Title:
Phone:
Billing Address:
As of 12/29/2008 - the next unassigned sequence number for WASTES
is 0001 and
the next unassigned sequence number for UNITS
is 001.
t
I
1 _
TEXAS COMMISSION ON ENVIRONMENTAL. QUALITY
0
- w
o
Be it known that
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC
has fuCfiffed the requirements in accordance with the Caws of the State of Texas for
LPST CORRECTIVE ACTION SPECIALIST
.�
Registration Number: CS0000124
Issue Date: 04/08/2009
iration Date: EXecutive Director
04/08/2012 2e,Xas Commission on Environment City
oh�Wh��" rr�rh�rWrlhh'rrh�
_
TExAS COMMISSION ON ENVIRONMENTAL QUALITY
Be it known that
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC
has fulfilled the requirements in accordance with the laws of the State of texas for
Registration Number:
Issue Date:
Expiration Date:
CR0000068
06/19/2009
06/30/2012
UST CONTRACTOR
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EXecu2
T&W Commission o
ul
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Ifihi'r�ti�Wlr'truyrWie�G 1NY +�W�ihhl�r i Wi d�SurlhlhuWOil��,rlf(rh Wrr� hh�uwaeWWdljililrh&rhl)riihhbr��
AM
winEO )
CONSTRUCTION
& ENVIRONMENTAL
SERVICES, LLC
April 1, 2009
Texas Department of Transportation
Texas Motor Carrier Division
PO Box 12984
Austin, TX 78711-2984
Status:
Effective 1/3 1/09 thru 1/3 1/2010
# NC670682
Eagle Contact:
David Kelley
davidk(a.ecesi.com
Processed on line.
9701 East 1-20
P.O. Box 872
Eastland, Texas 76448
Phone (254) 629-1718
Fax (254) 629-8625
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC
is certified to perform as a
Asbestos Transporter
in the State of Texas within the purview of Texas Occupations Code, chapter 1954, so long as this license is not
suspended or revoked and is renewed according to the rules adopted by the Texas Board of Health.
DAVID LAKEY, M.D.
COMMISSIONER OF HEALTH
License Number: 400407
Control Number: 95490
VOID IF ALTERED NON -TRANSFERABLE
Expiration Date: 1/25/2011
(Void After Expiration Date)
no
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
HAZARDOUS MATERIALS
CERTIFICATE OF REGISTRATION
f6aw FOR REGISTRATION YEAR(S) 2008-2010
Registrant: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LLC
Attn: MARC WALRAVEN
P.O. BOX 872
EASTLAND, TX 76448
This certifies that the registrant is registered with the U.S. Department of Transportation as required by
49 CFR Part 107, Subpart G.
This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this
document.
Reg. No: 111108 550 010QR Issued: 11/11/2008 Expires: 06/30/2010
Record Keeping Requirements for the Registration Program
The following must be maintained at the principal place of business for a period of three years from the
date of issuance of this Certificate of Registration:
(1) A copy of the registration statement filed with PHMSA; and
(2) This Certificate of Registration
Each person subject to the registration requirement must fumish that person's Certificate of Registration
(or a copy) and all other records and information pertaining to the information contained in the registration
statement to an authorized representative or special agent of the U. S. Department of Transportation upon
request.
Each motor carrier (private or for -hire) and each vessel operator subject to the registration requirement
must keep a copy of the current Certificate of Registration or another document bearing the registration
number identified as the "U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (trailers
and semi -trailers not included) used to transport hazardous materials subject to the registration
requirement. The Certificate of Registration or document bearing the registration number must be made
available, upon request, to enforcement personnel.
For information, contact the Hazardous Materials Registration Manager, PHH-62, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE,
Washington, DC 20590, telephone (202) 366-4109.
Date: March 27, 2009
c
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FS �ABLIs�H EO �036
ischarge Cleanup
DCO # 99-002
Organization Certificate
Eagle Construction & Environmental
Services, LLC
LaPorte, San Antonio, and Ft. Worth, Texas.
This certificate carries with it the need to maintain a high level of response
preparedness, to respond in a timely, professional manner, and to notify
the Texas General Land Office of any change in the Holder's ability to
accomplish this mission. Certification is for three years from the above date.
V V !
Commissioner Deputy Commissioner
Texas General Land Office Oil Spill Prevention and Response
°°-0,„„ TEXAS SALES AND USE TAX PERMIT
(RovThis permit is not transferable, and this side must be prominently displayed in your place of business.
dr5or ndF�a twF A f7 mhp ew o7prPit ro dir.wo Ym **be rwrapr>www iw V ! /tier o&Wr a raw oww*!10wo, III a
• +6rarlrra : yqa haw! wwid r,rastaRrw m#wn oartwlCate on dfs .311W /up, bcarwxr, or business bcafion mama.
- TAIFAYER NA#�. 6USlNE8S LOCATION NAME. and PHYSICAL LOCATti,)N r'��`�e,r
#� EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LL SALES AND USE TAX
SWS ENVIRONAENTAL LLC 1-26-3517634-5
9547 US H i GHWAY 69 N r��
T
TYLER TX 75706-6425 00005
NAICS CODE: 562910 DESCRIPTION ON NEXT LINE:� 01/01/2009
Iwemedlattion Services
E SHOW THIS BUSINESS IN THE FOLLOWING LOCAL SALES TAX AUTHORITIES:
LINTY- SMITH EFF: 01/01/2009
&0W;V--
SUSCOMBS
YOU MAY NEED TO COLLECT SALES AND,OR USE TAX FOR OTHER LOCAL TAVNG AUTHORITIES DEPENDING ON YOUR TYPE OF BUSINESS.
11 ynu have any questions regarding saes tax, you may contact the Texas State Comptroller's field office
in your area or call 1-800-252-5555, toll free, nationwide. The Austin number is 512/463.4600.
.....................................
.............
DETACH HERE AND PROMINENTLY DISPLAY YOUR PERMIT ONLY
S THE INFORMATION PRINTED ON THIS PERMIT INCORRECT?
The information printed on your permit must be accurate and current. To make corrections, you may detach and complete ONLY the information in
the form below which is incorrect, and mail it to COMPTROLLER OF PUBLIC ACCOUNTS cl •3oo-ry
111 E. 17th Street
Austin, TX 78774-0100
MAKING CHANGES TO LOCAL TAXING AUTHORITIES OR BUSINESS DESCRIPTION LISTED ON THIS PERMIT
• You will need to contact us to correct the local taxing authorities for this business location. Contact your cityftransit authority/county/special purpose
district if you are unsure if your business is located within that taxing jurisdiction. We can assist you in determining your local sales and use tax
responsibilities, and the appropriate rate for each local taxing authority. Publication 94-105, "Guidelines for Collecting Local Sales and Use Tax" and
Publication 96-132, 'Texas Sales and Use Tax Rates" are available on the Comptroller's web site at www.window.state,tx.u$AaxinfoAocal/.
• Visit us online at www,window.state.tx.UsAaxinfo/sales/naics coding.htmi if you need to correct the description of your business printed on the front of
this permit.
MORE INFORMATION ABOUT YOUR PERMIT
• You must prominently display this permit in your place of business.
• The information on your permit is public information.
• You cannot use this permit or a copy of it as a resale or exemption certificate.
s. • If the location specified on this permit is closed, return this permit to the Comptroller of Public Accounts and indicate the date of the last business
transaction.
• Depending on your type of business, you may need to collect sales and/or use tax for other local taxing authorities not listed on this permit.
TEXAS SALES AND USE TAX PERMIT
Taxpayer name shown on the permit
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LL
Taxpayer number shown on the permit Location number shown on the permit
12635176345 l 00005
Correct business location name
Correct business location (no P.O. Box or directions accepted)
Change your mailing address and phone number,
• add a business location, change a business address, or
City I State I ZIP code close one or more business locations online at
• https:14vww.window.state.tausAiccmaint bhengeaddress.html
Correct taxpayer name I Daytime phone (Area code and number)
•
Correct mailing address
City I State I ZIP code ( Federal Employer Identification number
If you are no longer in business, enter the date of your last business transaction.
sign Taxpayer or authorized agent I Date
here
Form 01300 (Back) (Rev.1-07117)
All permits are issued subject to the provisions of the law. This permit may be revoked, suspended, or cancelled for
a violation of any provision of any taxing statute administered by the Texas Comptroller of Public Accounts or of
any rule adopted by the Comptroller to administer those statutes. Receipt of this permit does not mean that the
taxpayer to whom it is issued is in good standing with the Comptroller.
Please note that you are responsible for collecting the correct amount of local taxes. For example, if our records
—� show that one of your locations outside the city limits, and it is, in fact, inside the city, you are still responsible for
collecting and remitting the city sales tax. If the local taxing authorities on your sales tax permit are incorrect,
please call us, so we can correct them.
-- Taxpayer name and maikng address
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LL 06 OPERATING WITHOUT A VALID
9701 I H 20 E PERMIT IS A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT
EASTLAND TX 76448 MORE THAN $500 PER DAY.
Legal citation: TEX. TAX CODE ANN, chs. 111 and 151.
For an existing business, this permit replaces the permit you now hold for this location.
All previous permits of this type issued by the Texas Comptroller of Public Accounts are void.
..........................
* * * Important Sales Tax Information * * *
You must file a sales and use tax return even if you have no taxable sales and/or no tax due,
M
FILE AND PAY YOUR SALES TAX ONLINE
WebFile automatically calculates the sales tax due and provides a confirmation that we received
M *.. your return. WebFile is available online at www.window. state. txusAvebf1le1aalestaxhtml
M
FILE NO TAX DUE RETURNS BY PHONE
You can also file your no tax due sales and use tax return by
calling TeleFile at 1-888-4FILING (1-888-434-6464).
DOWNLOAD SALES AND USE TAX FORMS ONLINE
You will receive a preprinted sales and use tax return in the mail about 20-30 days before
each return is due. You can also download sales and use tax forms online at
www. c pa. state. tx usitaxdnfo itax forms,01-forms. html
UPDATE YOUR ACCOUNT INFORMATION
Change your mailing address and phone number, add a business location, change
a business address, or close one or more business locations online at
https: /Nvww. window. state. tx us/accmaint�changeaddress. html
or call our toll -free voice mailbox at
1-800-224-1844.
SALES TAX FREQUENTLY ASKED QUESTIONS
MW Read our sales tax frequently asked questions online at
www. window. state. txusitaxdnfolsalesAluestions. html
You have certain rights under Chapters 552 and 559, Government Code, to review, request, and correct
information we have on file about you. Contact us at the address or toll -free number listed on this form.
Corporations Section A E 0- Hope Andrade
P.O.Box 13697 Secretary of State
Austin, 'Texas 78711-3697 w 1
-EMO \ _
Office of the Secretary of State
Certificate of Fact
The undersigned, as Secretary of State of Texas, does hereby certify that the document, Application for
Registration for Eagle Construction and Environmental Services, LLC (file number 801043945), a
DELAWARE, USA, Foreign Limited Liability Company (LLC), was filed in this office on October
23, 2008.
It is further certified that the entity status in Texas is in existence.
Md
no
,.
Phone: (512) 463-5555
Prepared by: SOS-kVFB
In testimony whereof, I have hereunto signed my name
officially and caused to be impressed hereon the Seal of
State at my office in Austin, Texas on December 22,
2008.
Hope Andrade
Secretary of State
Come visit us on the intemet at http://www.sos..state.tcus/
Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services
TID: 10264 Document: 240663940003
IM
Certificate of Account Status - Letter of Good Standing
Page 1 of 1
4
w
�� 15* r tt'4•
TExas COMPTROLLER of PUBLIC Accoums
SUSAN COMBS • COMPTROLLER • AUSTtN, TEXAS 78774
M May 27, 2009
CERTIFICATE OF ACCOUNT STATUS
THE 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
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LLC
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
the date that the next franchise tax report will be due March 8, 2010.
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
=M SEAL OF OFFICE in the City of
Austin, this 27th day of
May 2009 A.D.
Md
Susan Combs
Texas Comptroller
Taxpayer number: 12635176345
File number: 0801043945
Form 05-304 (Rev. 12-07117)
i
http://eepa.cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaLetter 5/27/2009