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HomeMy WebLinkAboutContract 40686 CITY SECRETARY CONTRACT NO. `1 � CONTRACT Between CITY OF FORT WORTH and G.L. MORRIS ENTERPRISES, INC. A TEXAS CORPORATION DBA SUNBELT INDUSTRIAL SERVICES For Characterization, Excavation, Loading, Transportation, and Proper Disposal of Contaminated Soils from Property Located in the Vicinity of 2500 Brennan Avenue, Fort Worth, Texas Environmental Management Department August 2010 Ea;"Z%A W RECORD Gtrr ��+CR�TAF�X p1t.1AI� R� t Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/13/2010 - Ord. No. 19224-07-2010 DATE: Tuesday, July 13, 2010 REFERENCE NO.: C-24340 LOG NAME: 52RATIFY EMERGENCY PROCUREMENT WITH SUNBELT SUBJECT: Adopt Appropriation Ordinance and Ratify Emergency Purchase Order with Sunbelt Industrial Services in the Amount of$472,600.00 for Transportation and Disposal of Contaminated Soils at 2500 Brennan Avenue (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Protection Project Fund in the amount of$472,600.00 from available funds; and 2. Ratify Emergency Purchase Order with Sunbelt Industrial Services in the amount of$472,600.00 for transportation and disposal of contaminated soils at 2500 Brennan Avenue. DISCUSSION: While performing additional investigation to delineate the amount of impacted soils, additional petroleum impacted soils were found on site that posed a threat to the Trinity River. Hydrocarbons had begun to migrate out of the soil into the drainage channel. Approximately 17,800 cubic yards of soil requires excavation and approximately 9,500 cubic yards of Total Petroleum Hydrocarbons (TPH) contaminated soil requires transportation and disposal from 2500 Brennan Avenue. Proper removal and disposal of the contaminated soils is required under Texas Commission on Environmental Quality rules and regulations. Sunbelt Industrial Services (Sunbelt)was contacted regarding the emergency cleanup. Sunbelt's costs were similar to the prior costs and they could begin work immediately. The Environmental Management Department conferred with both the Law and Financial Management Services (Purchasing) Departments to proceed under emergency procurement procedures in order to prevent additional environmental impacts and potential human exposure. Both Legal and Purchasing have agreed that this issue can be treated as "a procurement that is necessary to preserve or protect the public health or safety of the municipality's residents" in accordance with the Texas Local Government Code Section 252.022(a)(2). Sunbelt is in compliance with the City's M/WBE Ordinance by committing to 12 percent M/WBE participation. The City's goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Environmental Protection Project Fund. FUND CENTERS: http://apps.cfwnet.org/ecouncil/printmc.asp?id=13666&print=true&DocType=Print 8/10/2010 Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers 1) R101 441012 052011000000 $472,600.00 2) R101 539410 0522010030000 $472,600.00 1) R101 539410 052011000000 $472,600.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) ATTACHMENTS 1. 2500_brennanp_df (Public) 2. 52RATIFY EMERGENCY PROCUREMENT WITH SUNBELT Rev.doc (Public) 3. Accounting Info.pdf (CFW Internal) 4. Bond Fund Transfer-Brennan Contaminated Soil.pdf (CFW Internal) 5. Sunbelt Compliance Memo.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13666&print=true&DocType=Print 8/10/2010 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS VICINITY OF 2500 BRENNAN AVENUE, FORT WORTH, TEXAS 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 G.L. Morris Enterprises, Inc. a Texas Corporation dba Sunbelt Industrial Services ("Contractor'), acting through Brent McClure, its duly authorized Vice 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, 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 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: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; City's Representative means the Director of Environmental Management, Brian Boerner, CHMM, or his designee. 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 FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINAT �OILIPI AL REC of 19 Vicinity of 2500 Brennan Avenue,Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sun IlQpppY'SECMARY FT.WORTH,TX 1` 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 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 Contractor shall be compensated in accordance with the Compensation schedule shown in Attachment "B". However the total fee paid by the City shall not exceed a total of four hundred seventy two thousand, six hundred dollars ($472,600.00) and the City will not be liable for any Contractor fees, costs or other remuneration in excess of this amount unless the City has signed and issued a formal and duly authorized modification, amendment, or change order to this contract. 7. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $1,000.00 (one thousand dollars) per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. OFFICIAL RECORD CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINATED SOILS CITY S6�Orvl9Y Vicinity of 2500 Brennan Avenue,Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sunbelt Industri I STfWORTH,TX ,1 a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the 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. 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 OFFICIAL RECORD CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINATED SOILS- CITY S ' TAPRy Vicinity of 2500 Brennan Avenue, Fort Worth, Texas—G.L. Morris Enterprises, Inc. dba Sunbelt Industria Se rWcr WORTH, T 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. . 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to 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. F CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINATED SOILS �j �Vicinity of 2500 Brennan Avenue,Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sunbelt Industri AeA TH,TX 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 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 acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, 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 negligenc -pot be OFFICIAL RECORD CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINA q f RETA"gt 9 of 19 Vicinity of 2500 Brennan Avenue,Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Su be t ndus na ervices FT.WORTH, TY 14. MODIFICATION No modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written, formal, authorized modification of this contract that is in accordance with all applicable state and city laws, regulations, and ordinances. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a material term of this contract from the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract from the City, its employees, or agents. 15. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 16. 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 se�leiep-#ertraFnlrTg o�r any other terms, conditions or privileges of employment. ! Y, actriaL RECC)�D Ltria,FkW,0qtR-RETA 14~ IR CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINATED SOI i�lf 1 Vicinity of 2500 Brennan Avenue, Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sunbelt Indu E s 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: Brent McClure, Vice President G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services 2415 Cullen Street, Fort Worth, TX 76107, TX 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 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. OFFICIAL RECORD� r CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINATEG�Scat' SECRE �j3�of 19 Vicinity of 2500 Brennan Avenue,Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sunbelt ndu"lWFti{Ip H T� s ATTACHMENT A SCOPE OF WORK A. Contractor shall furnish all labor, materials, and equipment necessary for the handling (characterization, excavation, loading, transportation, and/or disposal) of not more than seventeen thousand, eight-hundred (17,800) cubic yards of contaminated soil from the vicinity of 2500 Brennan Avenue, Fort Worth, Texas. The quantity of soil excavated may exceed the quantity loaded, transported, and disposed due to the necessity to remove clean soil in order to access the contaminated soil. 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 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 and composite grab samples will be collected by the City or a City-designated person 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. 7�1:1:10AL RECORD SITY SECRETAR'* I CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINATECI SOIL -1 �e Pao 15of 19 Vicinity of 2500 Brennan Avenue,Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sunbel.Ind , A City-designated responsible person will be charged with the verification of all work performed on a daily basis. Daily notebook entries describing the amount and type of work performed on that day will be entered to serve as a verification method for comparing waste disposal manifests, waste transport hauler identification numbers, and landfill receipt tickets. All waste disposal manifests will be quantified by the cubic yard and the capacity of the individual tractor-trailer units. The City representative will compare the daily field notes, the landfill receipts, and the final generator copies of the waste disposal manifests to ensure proper verification of worked performed at 2500 Brennan Avenue. The remainder of this page is left intentionally blank Etrt URS? CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINA ARov 17 of 19 Vicinity of 2500 Brennan Avenue, Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sun 1��TX SIGNATURE PAGE FOR CONTRACT FOR TRANSPORTATION AND DISPOSAL OF CONTMINATED SOILS VICINITY OF 2500 BRENNAN AVENUE, FORT WORTH, TEXAS IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services BY: G� _ BY: Fernando Costa Brent McClure Assistant City Manager Vice President RE MMENDED: oem r, C , Director itness APPROVED AS TO FORM AND LEGALITY: /A/ ;L !4 , 6al V'� CORPORATE SEAL: Arthur N. Bashor Assistant City Attorney ,Q-p4UU�n FO,�040ATTEST: 0 40 00° °p o�a d d �0° Marty Hendrix o° °0City Secretary A 0O000f ais M&C: C-24340 approved on 7/13/2010. P CONTRACT FOR EXCAVATION, TRANSPORTATION,AND DISPOSAL OF CONTAMINATED 44CUSFICIAL ��RM 19 Vicinity of 2500 Brennan Avenue, Fort Worth, Texas-G.L. Morris Enterprises, Inc. dba Sunbelt/VtWIMETARY 4 FT.WORTH,TX L INSURANCE AND BONDS ACORD. CERTIFICATE OF LIABILITY INSURANCE NBE DATE 08/1DD//1 svrrBE-1 os/1o/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE West Texas Insurance Exch, Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1000 Maple Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Odessa TX 79761-2810 Phone: 432-333-4106 Fax:432-333-6803 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Westchester surplus Lines INSURER B: American Mercury G L Morris Enterprises Inc. INSURER C. The Travelers 01899 DBA Sunbelt Industrial Svcs. 2415 Cullen Street INSURER D: Fort Worth TX 76107 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MM/DD1YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY G23828005003 09/09/09 09/09/10 PURE MISES(Eaoccurence) $50,000 CLAIMS MADE 7 OCCUR MED EXP(Any one person) $5,000 X Profess-$1M PROFESS IS CLAIMS MADE PERSONAL&ADV INJURY $ 1,000,000 X Polltuion-$1M W/RETRO DATE 9-9-92 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 X I POLICY n jEa 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO BAP4505409 09/09/09 09/09/10 IEaaccident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) A X TPL lmil G23828005003 09/09/09 09/09/10 PROPERTY DAMAGE ENV-3146 (05-06) (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 A X I OCCUR ❑CLAIMSMADE G23828017003 09/09/09 09/09/10 AGGREGATE $2,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND IT LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER C Leased/rented 660927OA270 09/09/09 09/09/10 Limit 250,000 equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Environmental contracting. When required by written contract blanket waiver of subrogation provided GL & Excess; and Blkt add'1 insured provided on GL and Excess. Blanket primary non-contributory coverage included. Fort worth, its Officers and Employees are named as Additional Insured. CERTIFICATE HOLDER CANCELLATION CITY-26 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Fort Worth, its IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Officers and Employees 1000 Throckmorton St REPRESENTATIVES. Fort Worth TX 76102 A, zf REPR S ATIVE ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) 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 Environmental Management Department, characterization, excavation, loading, transportation, and proper disposal of contaminated soils from property located in the vicinity of 2500 Brennan Avenue, Fort Worth, Texas CONTRACTOR G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services By: Title g", //ES�dCirJ� Date STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Bien+ Me C i U C( 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 ,5�;rnhcl I -Tr)do5fi 6d\ Sew��e S , inc . for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this Itib day of A UQ05-f , 201 Q) Notary Notary Public in and for the State of Texas vs ,.= MANE MITCHELL MY COMMISSION EXPIRES ;p,t '' August 21,2012 PAYMENT BOND THE STATE OF TEXAS Bond No:SB003000282 COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, G.L. Morris Enterprises, Inc. a Texas Corporation dba Sunbelt Industrial Services, hereinafter called Principal and Ullico Casualty 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 Iaws of the State of Texas hereinafter called Owner, in the penal sum of four hundred seventy two thousand,six hundred dollars ($472,600.00) 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 11th day of August , 2010, a copy of which is hereto attached and made a part hereof, for the provision of: characterization, excavation, loading, transportation, and proper disposal of contaminated soils from property located in the vicinity of 2500 Brennan Avenue, Fort Worth, Texas 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 faithfuIIy perform the work in accordance with the plans,specification, and contract document during the original term thereof,and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. r ' Bond No:SB003000282 IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of which shall be deemed an original,this the 12th day of August 2010. G.I..Morris Enterprises,Inc. dba Sunbelt Industrial Services Principal(4) A ST: By: (Principal)Secretary Brent McClure,Vice President (Printed Name/Title) (SEAL) 2415 Cullen Street ADDRESS Fort Worth.TX 76107 CITY/STATE/ZIP 1625 Eye Street N.W. Ullico Casualty Company (Address) (Surety) Washington, DC 20006 ATTEST: _I O 121 (Surety)Secretary By: (Attorney-in-Fact)(5 (SEAL) Fred A.Thetford, Jr. � (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporatlor,a Partnership or and Individual,as case may be (3) Correct Name ofsurety (4) If Contractor it partnership all Partners should execute bond (5) A true copy of Power of Attonnrey shall be attached to bard by Attorney-in-Fact PERFORMANCE BOND THE STATE OF TEXAS Bond No:SB003000282 COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS:That we(1)G.L.Morris Enterprises,Inc. dba Sunbelt Industrial Services,a(2)corporation of Texas hereinafter called Principal and Ullico Casualty 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 seventy two thousand,six hundred dollars($472,600.00)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 11 th day of August , 2010, a copy of which is hereto attached and made a part hereof, for the characterization, excavation, loading, transportation, and proper disposal of contaminated soils from property located in the vicinity of 2500 Brennan Avenue, Fort Worth, Texas, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well,truly and faithfully perform the work in accordance with the plans,specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety,and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so,and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County,State of Texas. AND PROVIDED FURTHER,that the said Surety, for value received, hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. Bond No:SB003000282 IN WITNESS WMREDF, this kids wM is executed in 3 Countec�arfs each one of which shoU be deemed an od*al,this the 12th day of — — August .1010. G.L.Morro Enterpr%es,Inc. On Sunbelt TWv#trlal$ervlcaa Principal(4) A ' pal)Siearctary - I,�c�i it$(t:Ctut+Q,Vivo PnoSfdent (SEAL) (Printed Named' ld) X13 C�Ctten Sh+xt ADDli,M Fort Wartb f1, 77 GTCYISTATEffM 1625 Eye Street N.W. Ullico Casualty Company Qkddrew) Washington, DC 20006 ATTEST; (surety)SocrcEary By: (Attmnay--in-Fact)(5) (SEAL,) _Fred A.Thetford,Jr. -1&ilxz�,Jelx,�,� (Printed Attorney-in-Fact) witness ss to 4urety Note. Date of Bond mast not be prlar to dat-i of C anbwt !/j Carseui.�+r8�f'Ceurnreo► f�J .l Cwporrtl e�ePm[rurJhl�arm�drnd7erdvaLar�a�br !3J Coh�tYltiawe�,Qony !�!! YCoW-W&P-&er O4ffrararrs s wguom on sod N A&—C4WefAfteref,01orWAa fir Affim Ibbmd8�.laar►,syfr�l�ad Ullico Casualty Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's telephone number for information or to make a complaint at: (202) 682-0900. You may also write to the Surety at: Ullico Casualty Company 1625 Eye Street N.W. Washington, DC 20006 Attention: Vice President of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev. 1-1-06 l.o l l 1 Co CBA 1904 Bond No: SB003000282 ULLICO Casualty Company 1625 Eye Street,N.W.Washington D.C.20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY(the Company),a corporation organized and existing under the laws of the State of Delaware,does hereby constitute and appoint:Tom Young,Fred A.Thetford,Jr.,and Jared Young,of Contract Bond Agency. Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July,2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,ULLICO CASUALTY COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS JULY 16TH,2009. eua! SEALS' ;SIDEN—Tt(� �•�`,'��ii.i'/X•r.r�t�wt�td t`• J``` 1979 Daniel rident ULLICO Casualty Company,a Delaware Corporation. On thisl2thday of Aucr 2010 before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described'and officer of the ULLICO CASUALTY COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. o Notary Public CATHERINE M.OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21,2012 CERTIFICATE I,Teresa E.Valentine,Senior Vice President,General Counsel and Secretary of ULLICO Casualty Company,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 16`h day of July 2009. I eresa I Valentine Senior Vice President.General Counsel&Secretary I THCO Casualty Company