HomeMy WebLinkAboutContract 26567 CITY SECRETARY
CONTRACT NO.
CONTRACT FOR SOIL EXCAVATION AND BACKFILL
ENVIRONMENTAL SERVICES
THIS CONTRACT is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter
called "City," acting herein through Charles Boswell, its duly authorized Assistant City
Manager, and Eagle Construction and Environmental Services L.P., acting herein through
i a,C w w:i I it, o as its V F. C� t4w, hereinafter called
"Contractor".
WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in
providing excavation and backfill of possibly contaminated soils, and related environmental
services; and,
WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and
experienced in providing excavation and backfill of possibly contaminated soils, and related
environmental services; and,
WHEREAS, the Contractor has represented that it possesses the requisite equipment and
materials for providing excavation and backfill of possibly contaminated soils, and related
environmental services:
WITNESSETH:
NOW,THEREFORE, in consideration of the mutual promises and benefits of this Contract, the
City and the Contractor agree as follows:
I.
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows:
A. City's Representative means the Director of the Department of Environmental
Management or his designee.
B. Contaminated Soil means any such soil, earth, or dirt, or related material found or
suspected to be infused with, or containing hazardous substances, hazardous wastes, or
pollutants.
C. Contract Document means the Proposal Documents, Specifications, and this contract.
D. Deliverable Document means a report, photograph, or an invoice that shows the
completion of one of the work tasks and/or subtasks.
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E. Environmental Damages shall mean all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without
limitation, reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred as a result of handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a
violation of environmental requirements pertaining to, and including without limitation:
i. Damages for personal injury and death, or injury to property or natural
resources;
ii. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and all other costs in connection with the excavation,
removal and backfill of possibly contaminated soils and related wastes or
violation of environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance of any
cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local
governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of
environmental requirements, and including without limitation any
attorney's fees, costs and expenses incurred in enforcing this contract or
collecting any sums due hereunder; and,
iii. Liability to any third person or governmental agency to indemnify such
person or agency for costs expended in connection with the items
referenced in sub-paragraph 2 of this part.
F. Environmental requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
i. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, investigation, and remediation of
emissions, discharges, releases, or threatened releases of hazardous
materials, pollutants, contaminants or hazardous or toxic substances,
materials, or wastes, whether solid, liquid, or gaseous in nature, into the
air, surface water, groundwater, stormwater, or land, or relating to the
manufacture, processing, distribution, use, treatment, storage, disposal,
transport, or handling of pollutants, contaminants, or hazardous or toxic
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substances, materials, or wastes, whether solid, liquid, or gaseous in
nature; and
ii. All requirements pertaining to the protection of the health and safety of
employees or the public.
G. Hazardous materials means those materials defined as hazardous by the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801 et seq.
H. Hazardous substance means any substance designated pursuant to 33 U.S.C. § 1321
(b)(21)(A); any element, compound, mixture, solution, or substance designated pursuant
to 42 U.S.C. § 6921, the Solid Waste Disposal Act (but not including any waste the
regulation of which under the Solid Waste Disposal Act has been suspended by Act of
Congress; any toxic pollutant listed under 33 U.S.C. § 1317(a); any hazardous air
pollutant listed under 42 U.S.C. § 7412, the Clean Air Act; and any imminently
hazardous chemical substance or mixture with respect to which the Administrator has
taken action pursuant to 15 U.S.C. § 2606. The term does not include petroleum,
including crude oil substance, under any of the above references, and the term does not
include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for
fuel (or mixtures of natural gas and such synthetic gas).
I. Hazardous waste means any solid waste identified or listed as a hazardous waste by the
administrator of the United States Environmental Protection Agency pursuant to the
federal Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, 42 U.S.C. §§6901 et seq., as amended.
J. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin
work. It also authorizes future invoices to be paid.
K. Oil means any kind of oil in any form, including, but not limited to, petroleum, fuel oil,
crude oil, or any fraction thereof which is liquid at standard conditions of temperature
and pressure, sludge, oil refuse, and oil mixed with waste.
L. Pollutant means dredged spoil; solid waste; incinerator residue, filter backwash; sewage
(including sewage from boats); garbage; sewage sludge' munitions; medical wastes;
chemical wastes; biological materials' toxic materials; radioactive materials; heat,
wrecked or discarded equipment; rock; sand; cellar dirt; industrial, municipal,
recreational, agricultural and other waste; and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
M. Proposal Documents means Part 3 of the Request for Proposal and all ancillary
documents required to be submitted with the proposal.
N. Respond within one hour means that within one hour after notification and authorization
for action by City, Contractor shall be at the site with the personnel, materials, and
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equipment necessary and sufficient to effectuate an adequate response. The adequacy of
the response shall be determined in the reasonable judgment of the City.
O. Subcontract means a contract between the Contractor for this project and another person
or company for any complete task defined in the scope of work. A purchase order is also
considered a subcontract.
II.
TERM: TIME TO START AND COMPLETE THE PROJECT
Contractor agrees to begin work on the date the Notice to Proceed is issued to Contractor
and to complete all phases of the work by within ONE HUNDERED AND EIGHTY
CALENDAR DAYS from the date of the Notice to Proceed. No modification or extension of
this term will be permitted unless undertaken in accordance with Paragraph XVIII, below.
III.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor shall perform in a good and professional manner the services listed in this
contract, and those identified in Contractor's proposal dated October 26, 2000.
Contractor's proposal is attached hereto as an exhibit and incorporated into this contract
as if fully set forth herein. Any conflict between such documents and the main body of
this contract shall be governed by the terms of the main body of this contract.
B. Prior to initiating the excavation, Contractor will prepare and submit for City's approval,
a written health and safety plan detailing actions to be taken and procedures to be
followed during the course of the provision of contracted services for this project.
Contractor shall ensure, and certify, that all employees utilized during the provision of
contracted services shall have received a minimum of forty (40) hours of training in
hazardous materials management, in accordance with 29 C.F.R. 1910.120.
C. Contractor shall excavate an area as designated at 7512 Watercress Drive, Fort Worth,
Texas, at a minimum of eighteen (18) feet long, by four (4) feet wide, by ten (10) feet
deep. The adequacy of the excavation shall be determined by the reasonable judgment of
the City representative(s) on site. Additional trenches may be excavated only upon
approval and direction of City.
D. Contractor shall appropriately cordon, mark, and secure the open trench to prevent injury
and unauthorized access. Contractor shall undertake all requisite safety measures
securing and marking excavation sites.
E. Contractor shall stockpile all soil removed from the trench on-site, until waste
classification can be determined by City and/or its technical representatives. All
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analytical testing shall be performed at the Laboratory, as designated, under separate
contract with the City.
F. The trench shall then be sampled on the bottom and on the west, north, and south walls,
respectively. If sample results are below Texas Natural Resources Conservation
Commission (TNRCC) regulatory criteria minimums, no further removal will be
undertaken, and backfill efforts will be initiated as described below. However, if trench
sample analyses reflect contamination levels in excess of TNRCC regulatory criteria
minimums, then another similar trench shall be dug immediately to the west of, and
adjacent to, the initial trench. Stockpiling and sampling will then occur as previously
indicated.
G. Contractor shall stage all stockpiled soil on polyethylene sheeting adjacent to the
excavation and will cover with same, until all analysis has been performed and removal is
undertaken. Contractor shall negotiate approval with the City for profiled waste and
make arrangements for disposal if the waste is Class II Non-Hazardous Waste. If the
waste is either Hazardous or Class I Non-Hazardous Waste, the Contractor shall contact
the City to make arrangements for disposal through the hazardous waste disposal
company under separate contract with the City.
H. Contractor shall have and demonstrate the capability to provide transportation of all soils
removed, contaminated and un-contaminated, as well as hazardous and non-hazardous
solid and liquid wastes. Contractor shall also provide all the labor, materials, and
equipment necessary for the removal, packaging, transporting and disposal of soils,
abandoned waste, and other environmentally hazardous materials encountered at the
excavation site.
I. Contractor shall backfill the trench(es) excavated with clean, imported fill material
approved by City, and will bucket compact the backfilled area.
J. At the conclusion of all excavation actions, Contractor shall provide a comprehensive
report of the actions taken on behalf of the City of Fort Worth in a timely manner. This
one-page (minimum) report shall include a summary of all actions including final
cleanup. This report shall accompany the invoice submitted for the work. Contractor
shall further provide City with fully executed copies of Waste Manifests within 30
calendar days of waste shipments. Contractor shall provide all paperwork and
documentation needed to complete waste shipments.
K. Contractor certifies that it has and will maintain during the term of this Contract, current
and appropriate federal, state, and local licenses and permits to perform this contract. In
addition, Contractor agrees to require any of its subcontractors used to perform this
contract to have and maintain current and appropriate federal, state and local licenses and
permits to perform this contract.
L. Contractor certifies that it has and will maintain the required insurance listed in
Paragraph VII.
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IV.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. Designate a City representative to provide timely direction to the Contractor, render City
decisions and to accompany Contractor;
B. Coordinate with City facilities, City departments, and any tenants;
C. Provide site access, and ensure the area is free of physical obstructions which would
adversely affect or hinder the excavation project;
D. Arrange, coordinate, and take any and all actions reasonably necessary to obtain and
secure ingress and egress to the excavation site. Contractor herein agrees that it will
attempt entrance to the excavation site only upon authorization by the City.
E. Provide for, and assume costs of, the collection of any and all soil samples, along with all
necessary laboratory analysis and support, and any costs incurred by City's contracted
Environmental Consultant.
F. City will review and sign all waste manifests produced by contractor for this excavation
proj ect.
V.
SUBCONTRACTORS
If Contractor desires to subcontract any service or services listed under Paragraph 3
"Scope of Contractor's Services" of this Agreement, Contractor agrees to obtain the City's
written acceptance of such subcontractor(s) before allowing any subcontractor(s) to
perform designated service or services. Failure of the Contractor to obtain the City's
written acceptance of any and all of the Contractor's subcontractors used in the
performance of this agreement shall be grounds for automatic termination. In addition,
Contractor acknowledges that City may, at City's own discretion, perform on-site audits of all
proposed subcontractor's facilities in order to determine acceptability.
VI.
COMPENSATION
A. In consideration for the work performed by Contractor under this contract, City shall pay
Contractor a sum not to exceed $8,000. The City is responsible for notifying Contractor
of any questions concerning an invoice, and shall not be required to pay Contractor until
such questions have been resolved. Charges to the City shall be based on, and wholly
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consistent with, Contractor's October 26, 2000 proposal submitted to City for this
excavation project.
B. Periodically during the performance of this contract, the Contractor's Project Manager
shall inform the City's representatives of his/her best estimate of the expenses incurred to
that time. In the event that the estimate approximates the "not to exceed" price,
Contractor shall prepare to cease its operations unless and until the contract is amended
and an authorized representative of the City directs Contractor to perform additional
work.
C. Contractor shall receive no compensation for delays or hindrances to the work, except
when direct and unavoidable extra cost to Contractor was caused by City's failure to
provide information, if any, which it is required to do. When extra compensation is
claimed, a written statement detailing any and all justifications for delays incurred shall
be presented to the City.
D. Contractor shall receive compensation only for time and materials expended during the
course of the excavation project. Equipment rates shall be established under a unit-
pricing plan approved by City prior to initiation of work. Equipment rates shall only be
billed for actual work accomplished and time to do so, and not for storage or idle time
at the site.
VII.
INSURANCE
A. The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the terms of this contract. Prior to commencing
work, the Contractor shall deliver to Fort Worth certificates documenting this coverage.
The City may elect to have the Contractor submit its entire policy for inspection.
B. Contractor also certifies that if it uses a subcontractor in the performance of this
agreement that each subcontractor shall have, at a minimum, current insurance coverage
as detailed below and will maintain it throughout the terms of this contract or such
subcontractor shall be covered under Contractor's insurance.
C. Commercial General Liability Insurance: $1,000,000 each occurrence.
D. Professional Liability Insurance: $1,000,000 each ocurrence.
E. Automobile Liability Insurance: Coverage on vehicles involved in the work performed
under this contract:
$500,000 per accident on a combined single limit basis,or:
$250,000 Bodily injury/person;
$500,000 Bodily injury/accident;
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$100,000 Property damage.
F. Uninsured/Underinsured Motorist:
$20,000 Bodily Injury each person;
$40,000 Bodily Injury each accident;
$15,000 Property Damage each accident.
G. Worker's Compensation: Statutory limits for Worker's Compensation plus employer's
liability at a minimum:
$1,000,000 each accident;
$1,000,000 disease-policy limit; and
$1,000,000 disease - each employee.
H. Environmental Impairment Liability(EIL) and/or Pollution Liability:
1. $1,000,000 per occurrence. EIL coverage(s) must be included in policies listed in
Sub-paragraphs A and B above; or, such insurance shall be provided under separate
policy(s). Liability for damage occurring while loading, unloading and transporting
materials collected under the contract project shall be included under the
Automobile Liability insurance or other policy(s).
2. NOTE: BETWEEN A AND F ABOVE, ANY POLLUTION EXPOSURE,
INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY,
ASSOCIATED WITH THE SERVICES AND OPERATIONS
PERFORMED UNDER THIS CONTRACT SHALL BE COVERED IN
ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR
POLLUTION LIABILITY FOR GRADUAL EMISSIONS. CLEAN-UP
COSTS SHALL ALSO BE COVERED.
I. The following shall pertain to all applicable policies of insurance listed above:
"1. Each insurance policy required by this Contract, except for Workers
Compensation insurance and professional liability insurance policies shall be
endorsed with the following Additional Insured Endorsement: `The City of Fort
Worth, its officers, agents, employees, representatives, and volunteers are added
as additional insureds as respects operations and activities of, or on behalf of the
named insured, performed under contract with the City of Fort Worth.'
Reasonably equivalent terms may be acceptable at the sole discretion of the City
of Fort Worth, and upon prior approval.
"2. Subcontractors shall be covered under the Provider's insurance policies or they
shall provide their own insurance coverage; and, in the latter case, documentation of
coverage shall be submitted to the Provider prior to the commencement of work and
the Provider shall deliver such to the City.
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"3. Prior to commencing work under the contract, the Provider shall deliver to the
City of Fort Worth insurance certificate(s) documenting the insurance required and
terms and clauses required.
"4. Each insurance policy required by this contract shall contain the following
clause or reasonably equivalent terms:
`This insurance policy shall not be canceled, limited in scope or coverage,
or non-renewed until after thirty (30) days prior written notice has been
given to the Director of Environmental Management. City of Fort Worth,
1000 Throckmorton, Fort Worth, TX 76102-631 L'
"5. The insurers for all policies must be approved to do business in the State of
Texas and be currently rated in terms of financial strength and solvency to the
satisfaction of the Director of Risk Management for the City of Fort Worth. The
City's standard is an A. M. Best Key rating A:VII.
"6. The deductible or self-insured retention (SIR) affecting the coverage required
shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of
traditional insurance, alternative coverage maintained through insurance pools or
risk retention groups must be also approved."
VIII.
INDEMNIFICATION
A. GENERAL INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR
CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR
DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF
THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS,
AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY
OTHER PERSON OR ENTITY.
B. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS,
AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE
VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE REMOVAL, PACKAGING, TRANSPORTING AND
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DISPOSING OF ENVIRONMENTALLY HAZARDOUS MATERIALS
PURSUANT TO THIS CONTRACT.
C. The obligations of the Contractor under this Paragraph shall include, but not be limited
to, the burden and expense of defending all claims, suits and administrative proceedings
(with counsel reasonably approved by City), even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any description, and
paying and discharging, when and as the same become due, any and all judgments,
penalties or other sums due against such indemnified persons.
D. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder
to indemnify, City shall provide Contractor with reasonably timely notice of same.
E. The obligations of the Contractor under this Paragraph shall survive the expiration of this
contract and the discharge of all other obligations owed by the parties to each other
hereunder.
F. In all of its contracts with subcontractors for the performance of any work under this
contract, Contractor shall require the subcontractors to indemnify the City in a manner
consistent with this Paragraph.
G. In the event that a written claim for damages against Contractor or any of its
subcontractors remains unsettled at the time all work on the project has been completed
to the satisfaction of the City Manager, as evidenced by a final inspection, final payment
to Contractor shall not be recommended by the City Manager for a period of thirty (30)
days after the date of such final inspection, unless the Contractor submits written
evidence satisfactory to the City Manager that the claim has been settled and a release has
been obtained from the claimant involved.
1. If the claim concerned remains unsettled at the expiration of the said thirty-
day period, the Contractor may be deemed by the City Manager to be entitled
to a semi-final payment for work completed, such semi-final payment to be in
an amount equal to the total dollar amount then due less the dollar value of
any written claims pending against the Contractor arising out of the
performance of such work.
2. The City Manager shall not recommend final payment to Contractor if a claim
for damages is outstanding for a period of six months following the date of the
acceptance of the work performed unless the Contractor submits evidence in
writing, satisfactory to the City Manager, that:
a. The claim has been settled and a release has been obtained from the
claimant involved; or
b. Good faith efforts have been made to settle such outstanding claims,
and such good faith efforts have failed.
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3. If condition (a) above is met at any time within the six-month period, the City
Manager shall recommend that the final payment to Contractor be made. If
condition (b) above is met at any time within the six-month period, the City
Manager may recommend that final payment to Contractor be made. At the
expiration of the six-month period, the City Manager may recommend that
final payment be made if all other work has been performed and all other
obligations of the Contractor have been met to the satisfaction of the City
Manager.
IX.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards that are present to persons, property and the environment by providing excavation,
backfill, packing, transporting, and disposal of contaminated soils, hazardous, special and solid
waste. Contractor further warrants that it will perform all services under this Contract in a safe,
efficient and lawful manner using industry-accepted practices, and in full compliance with all
applicable state and federal laws governing its activities and is under no restraint or order which
would prohibit performance of services under this Contract.
X.
LICENSES AND PERMITS
A. Contractor certifies that on the day work is to commence under this contract, and during
the duration of the contract, it shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
contract.
B. Contractor also certifies that if it uses any subcontractor in the performance of this
agreement, that such subcontractor shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
contract.
XI.
TERMINATION
A. City may terminate this contract without cause by giving 30 days' written notice to
Contractor, provided that such termination shall be without prejudice to any other remedy
the City may have. In the event of termination, any work in progress will continue to
completion unless specified otherwise in the notice of termination.
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B. If the City terminates this contract under Sub-paragraph A of Paragraph XI, City shall
pay contractor for all services performed prior to the termination notice.
C. All completed or partially completed original documents prepared under this contract
shall become the property of the City when the contract is terminated, and may be used
by the City in any manner it desires; provided, however, that the Contractor shall not be
liable for the use of such documents for any purpose other than as described when
requested.
D. In the event either party defaults in the performance of any of its obligations under this
contract, misrepresents to the other a material fact, or fails to notify the other party of any
material fact which would affect the party's performance of its obligations hereunder, the
non-defaulting party shall have a right to terminate this contract upon giving the
defaulting party written notice describing the breach or omission in reasonable detail.
The defaulting party shall have a thirty (30) day period commencing upon the date of
notice of default in which to effect a cure. If the defaulting party fails to effect a cure
within the aforesaid thirty (30) day period, or if the default cannot be cured, the contract
shall terminate as of the date provided in the notice of default.
XII.
DEFAULT
A. Contractor shall not be deemed to be in default because of any failure to perform under
this contract, if the failure arises from causes beyond the control and without the fault or
negligence of Contractor. Such causes shall include acts of God, acts of the public
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. 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. Contractor shall pay all costs and
attorneys fees incurred by City in the enforcement of any provision of this contract.
D. The remedies provided for herein are in addition to any other remedies available to City
elsewhere in this contract.
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XIII.
RIGHT TO AUDIT
A. City shall, until the expiration of five (5) years after final payment under this contract,
have access to and the right to examine any directly pertinent books, documents, papers
and records of Contractor involving transactions related to this contract. Contractor shall
give City access during normal working hours to all necessary Contractor facilities in
order to conduct audits in compliance with the provisions of this paragraph. City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the
subcontractor shall give City, until the expiration of five (5) years after final payment
under the subcontract, access to and the right to examine any directly pertinent books,
documents, papers and records of such subcontractor involving transactions to the
subcontract, and further, that City shall have access during normal working hours to all
appropriate work space, in order to conduct audits in compliance with the provisions of
this paragraph. City shall give subcontractor reasonable advance notice of intended
audits.
XIV.
INDEPENDENT CONTRACTOR
Contractor shall perform work under this contract as an independent contractor and not as
an agent or employee of City. City shall not be considered the employer, co-employer or joint
employer of the officers, employees or agents of Contractor. Contractor shall have the sole
control, supervision, direction and responsibility over its officers, employees and agents and
shall have the sole responsibility for determining the manner and means of providing the work
described in this contract, except as outlined in this contract or as otherwise required by federal,
state, county or city law, regulation or rule.
XV.
NON-DISCRIMINATION
A. During the performance of this contract, Contractor agrees not to discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin, except where religion, sex or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the Contractor. Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of the non-discrimination clause.
B. Contractor also agrees that in all solicitations or advertisements for employees placed by
or on behalf of this contract, that Contractor is an equal opportunity employer.
IRRIC 0AL HCLD
Eagle Construction and Environmental Services,L.P. CNN
Excavation Services Contract7 (ty I( SIIjM �'Iy�((/(J Page 13 of 17
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C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
Paragraph.
XVI.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
XVII.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may then
exist, on the part of Contractor, and the making of any such payment by the City while any such
breach or default exists shall in no way impair or prejudice any right or remedy available to the
City with respect to such breach or default. Any waiver by either party of any provision or
condition of the contract shall not be construed or decreed to be a waiver of any other provision
or condition of this Contract, nor a waiver of a subsequent breach of the same provision or
condition, unless such waiver be expressed in writing by the party to be bound.
XVIII.
MODIFICATION
No modification of this Contract shall be binding on either Contractor or the City unless
set out in writing and signed by both parties, and as necessary, approved by the Fort Worth City
Council. Modifications shall be in the same format as the final specification showing the change
or addition of a task, project schedule (to include schedule extensions), deliverable document(s),
and schedule of payments.
Eagle Construction and Environmental Services,L.P. !v� uf �f IAJL�IYN�U
Excavation Services Contract
l�c ^� ��'jM� � � Page 14 of 17
XIX.
ENTIRETY
This contract, the contract documents and any other documents incorporated by reference
herein contain all the terms and conditions agreed to by the City and Contractor, and no other
contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall
have any validity or bind any of the parties hereto.
XX.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this contract.
Contractor shall not assign, sublet, or transfer its interest in this contract without written consent
of the City. Nothing herein shall be construed as creating any personal liability on the part of
any officer or agent of the City, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the City and Contractor.
XXI.
NOTICE
Notices required to be made under this contract shall be sent to the following persons at
the following addresses; provided, however, that each party reserves the right to change its
designated person for notice, upon written notice to the other party of such change:
If to City:
Written notice shall be sent to:
Brian Boerner, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
Questions should be directed to:
Name: Michael Gange
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
(817) 871- 8592; FAX (817) 871-6359
e`6G0PD
Eagle Construction and Environmental Services,L.P. (CAN
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Excavation Services Contract U u u' u( Page 15 of 17
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If to Contractor:
Name of Company: ME 02Z'ffI,TICI AND ENVIlCRIVTAL SFRVIM, L.P.
Name of Contact Person: Hector Davis
Address: P. 0. Box 872
Eastland, Texas 76448
Telephone: (254) 629-1718 Fax: (254) 629-8625
XXII.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and
conditions of this contract, venue for said action shall be in Tarrant County, Texas.
XXIII.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or more of the
provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the
invalidity, illegality or unenforceability shall not affect any other provision of this contract, and
this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable
provision had never been contained in the contract.
Eagle Construction and Environmental Services,L.P.
Excavation Services Contract Ry�IDFlklmp Sj , Page 16 of l7
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XXIV.
AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate
originals in Tarrant County, Texas.
City of Fort Worth CONTRACTOR: Eagle Construction and
Environmental Services, L.P.
C arles Boswell, Assistant City Manager President or Vice President v f--f-4&
ADDROVEL AS TO FORM WITNESS:
Assistant Ci orney
Name: Bqhhy C. Jry
PND ENS/,�
Title: G� cr �� reasurer of the G.P.
SEA
T ESI: CO U P§E
. . . 'kXAS
rna
Gloria Pearson i Secretary �D
'n a (�tC IkU REO
contract Authorization EAGLEEX20010128V.3
Date
RA PRIC00 ED
Eagle Construction and Environmental Services,L.P. M(GMY
Excavation Services Contract �' �r�^„P ��, Page 17 of 17
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: :> :: ATE DD> :>: : :::: :. .. #YN .: .:�:::::::: ::>R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kinnaird,Rossander a Perry HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
104 N. Lamar ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 351 COMPANIES AFFORDING COVERAGE
Eastland, TX 76448 COMPANY
A LUMBERMENS MUTUAL CASUALTY CO
(254) 629-3933
INSURED COMPANY
B LEXINGTON INSURANCE CO.
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC
BOX 872 COMPANY AMERICAN PROTECTION INS CO
EASTLAND, TX 76448
COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY 4LS000943 02/28/00 02/28/01 PRODUCTS-COMP/OPAGG $ 2,000,000
CLAIMS MADE ❑X OCCUR PERSONAL BADV INJURY $ 1,000,000
OWNER'S$CONTRACTOR'SPROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 50,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
A X ANYAUTO 4LS000942 02/28/00 02/28/01 1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per parson)
A X HIRED AUTOS
BODILY INJURY $
A X NON-OWNED AUTOS (Per acck"
A X MCS-90
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN ALTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000
B X UMBRELLA FORM 564-0824 02/28/00 02/28/01 AGGREGATE $ 5,000,000
OTHER THAN UMBRELLA FORM $
TATU
WORKERS COMPENSATION AND X I
WC'UMITMITOTH-
EMPLOYERS'LIABILITY TORY LIS ER
EL EACH ACCIDENT $ 1,000,000
C THE PROPRIETOR! X INCL 4BRO18018-00 03/12/00 03/12/01 EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERSJEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000
OTHER
A ROFESSIONAL/POLLUTION 4LS000944 02/28/00 02/28/01 1000000/2000000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CITY OF FT WORTH, ITS OFFICERS, AGENTS, EMPLOYEES, REPS, AND VOLUNTEERS ARE
ADDED AS ADDL INS AS RESPECTS OPERATIONS AND ACTIVITIES, OF, OR ON BEHALF OF
THE NAMED INS, PERFORMED UNDER CONTRACT WITH THE CITY OF FT. WORTH
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CITY OF FT. WORTH UIUyIYy11(`:Wp111ttP«P II}5I UIWyMMI '� THE CERTIFICATE HOLDER NAMED TO THE LEFT,
DEPT OF ENVIRONMENTAL MGE ` p p( �I} IIMkyyBUT ICE SHALL IMPOSE NO OBLIGATION OR LIABWTY
1000 THROCKMORTON-LOWER L r�JL��iWL�W�!'J� OF EPOMPANY, ITS AGENTS OR REPRESENTATIVES.
FT. WORTH, TX 76102-6311 a l'�✓:.
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January 18, 2001
VIA FACSIMILE (254) 629-8625
Mr. Hector C. Davis
Eagle Construction and Environmental Services, L.P.
P.O. Box 872
Eastland, Texas 76448
RE: Project No. 02015350 — Excavation and Backfilling — 7512 Watercress Drive, Fort
Worth, Texas.
Dear Mr. Davis:
Your proposal to the City dated October 26, 2000 contained unit pricing for the excavation of
contaminated soil and backfill with clean soil. Are the unit prices still in effect?
We would like the project to proceed with an initial excavation of 18 feet long, 4 feet wide, and
10 feet deep. Following this excavation the soil shall be stockpiled on-site pending waste
classification. The waste shall be properly disposed based on the waste classification. The
excavation will be sampled at the base and on the north, south, and west walls of the
excavation if the analytical results indicate acceptable contaminant levels no further excavation
will be performed.
As a reminder the City will have an on-site representative for the collection of soil samples and
all laboratory services will be billed directly to the City under a separate agreement.
I would like to get this pricing solidified and then proceed with the work at the earliest time
possible. Additionally, the unit pricing for equipment shall be charged to the City only for actual
time used and not storage or idle time on the site.
If you have any questions please contact me at 817/871-8592 office or 817/925-2504 mobile.
Sincer
Michael . G
Environ I Supervisor
CC: Mr. Howard Maynard — Eagle (817) 306-8086
Ms. Shirley Hoover— CFW: Environmental Management
'�Dy�.�D
ENVIRONMENTAL MANAGEMENT DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 7 6 102-631 1
(817) 871-8079 * FAx (817) 871-6359 * www.fortworthgov.org/dem
Printed on recycled paper
Y
F o rt Worth CITY OF FORT WORTH
DEPARTIIIENT OF EWIRONMENTAL MANAGEMENT
1000 Throckmorton
Fort Worth, TX 76102
E (817) 871-8592
ENVIRONMENTAL
MANAGEMENT fax (817) 871-6359
to: Howard Maynard
Eagle Construction and Environmental Services, Inc.
fax #: 817-306-8086
from: Michael A. Gange
date: January 18, 2001
subject: FYI
pages: 2 (including this cover page)
NOTES: Please call with any questions or comments.
Thank you.
Michael
CSN t(CFCE)Mff
1Cr/2:7/00 FRI 14:48 FAX 2546292823 EAGLE CONSTRUCTION L¢IUU1
MONCONSTRUCTIO
& ENWRONMENT'AL FACSIMILE TRANSM/rTAL
SERVICES, .P.
TO: e' NO.OF PAGES(PICLUDING COVER SHEET) CSS
COMPANY: - d
FAX NUMBE : ���— �7 ONE NUMBER:
FROM:
WESTTEXAS NORTH TEXAS SOUTH TEXAS
9701 420 East 17 9204 Highway 257 N.W. O 9747 Cobb Strut
P.O. sox 572 P.0.Box 161704 Son Antonio,TX 78217
Eastland,TX 76448 Fort Worth,*X 76131 Phone: (210)946,2258
phone: (254)629-1718 Phone: (817)847-1333 Fax: (210)946-9740
Fax: (254)629-6625 F"-* (817)3064086
GU(F COAST LOU151ANA ARKANSAS
❑ `1700 North E Sheet ❑ "10049 Industriplex 0 P.O.Box 18414
La Porte,T7C 7'1`571 GonzmkS,1 A 70737 ' • Little Rock,AR.781
Phone:•(281)867-9131 P.O.Hax 1800 Phone:- (501).95552747
Fax: -(281)867-9150-'-" Gonzales,•L.ouisiana 70707 - .Fax- (501).9x". 160
Phone: (225)677-7577
Fax: (US)67T-5474
24 HOUR EMERGENCY RESPONSE 1-800-336-0909
OR 1800-725-1333
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• EXCAVATION VACUUM TRUCKS
• LANDFILL CONSTRUCTION - DUMP TRUCKS
- INDUSTRIAL HYGIENE SERVICES • ROLL-OFF BOXES
• REACTIVE$AND EXPLOSIVE SPECIALISTS LANDFILL CLOSURES
COMPRESSED GAS AND LIQUIDS TRANSFER SUPEASUCKER
• OSHA TRAINING ENVIRONMENTAL ASSESSMENTS
CONFINED SPACE ENTRY TECHNICAL SERVICES
- BIOREMEDIATION HAZWOPLR PERSONNEL
- DRUM HAN13LING AND TRANSPORTATION • TANK CLEANING
•'24 HOUR EMERGENCY SERVICE DEMOLITION
• POND CLEANING • GENERAL CONSTRUCTION
USTIASY REMOVAL AND INSTALLATION OILICHEMICAL SPILL RESPONSE
SLUDGE AND HAZARDOUS WASTE STABILIZATION POND CLOSURES
- HAZARDOUS AND RADIOACTIVE WASTE • LAS PACNJNG
TRANSPORTATION LEAD ABATEMENT
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1072.7/00 FRI 14:48 FAX 2546292823 EAGLE CONSTRCiCTION L6002
P.O. Dox 872
97011-20 East
Eastland,Texas 76448
PHONE (254)629-1718
FAX(254)629-8625
CONSTRUCTION e-mail; ecesi@eastland.aet
& ENVIRONMENTAL
SERVICES, L.P.
October 26, 2000
Mr. Michael Gange
City of Ft. Worth Environmental Management.
1000 Throckmorton St.
Ft_ Worth,Texas 76102-6311
Re: Project No. 02015350 - Excavation and Backfilling - 7512 Watercress
Drive-Fort Worth,Texas.
Dear Mr. Gauge:
We are pleased to submit the following proposal for the excavation and
backfilling in the above referenced project. Eagle's p:-oposal is based upon
information provided by City of Fort Worth E-ovircmmental Management
(CFWEM) and a site visit of the facility conducted by Eagle. The following
proposal contains an Executive Summary, Scope of Wcrk, Cost Schedule and
Terms and Conditions. We would be pleased to meet w..th CFWEM in order to
discuss our approach to the work.
Executive Summary
Eagle will mobilize the equipment and crew necessari to excavate the area
designated by CFWEM. The excavation of the foil will include the
transportation and disposal of the excavated material according to waste
classification and the subsequent backfilling of the excavation. It is our
understanding that CFWEM will be responsible for all analytical testing required
to profile the material for disposal.
Scope of Work
• Health and Safety:Eagle will prepare a written health and safety plan prier to
performance of the project. All personnel used for the management of any
hazardous materials encountered will have received a minimum of forty
hours training in hazardous :materials management h, accordance with 29
CFR 1910.120.
Little Rock,AR . Fort Worth,TX Gonzales,LA La Porte,TX San Antonio,TX
3100 E.Broadway 9204 Hwy 287 N.W. P.O.Box 1800 1700 14hirth'r,' �'treet 9747 Cobb
Little Rock,AR 72114 Fort Worth,TX 76131 Gonzales,LA 70707 La Port:,TX 401 78217
(501)955-2747 (817)847-1333 (225)677-7877 (281)567-913 ^" m46 8
(501)'955-2160 Fax (817)306-8086 Fax (225)677-5474 Fax (281)861-915 °w�G`y(�10)94&4740 Fax
1W/4WW r!(1 14:4a rt1A co4aca[riL3 `Au" kUASTRUCTION 9003
Mr. Michael Gange Page 2
October 26, 2000
+ Eagle will mobilize the equipment and crew ne<:essary to adequately
complete the project.
• Eagle will excavate an area measuring 30' x 18' x 12'. All excavated soil will
be staged adjacent to the excavation on polyethylene sheeting and covered
with polyethylene sheeting.
• Upon receipt of the analytical data from CFWEM, Eagle will profile the
excavated material for disposal according to waste classification.
• All soil will be loaded into trucks provided by Eagfe and transported for
disposal at a permitted landfill.according to waste classification.
• Eagle will backfill the excavation with clean, imported ;ill material and
bucket compact.
Cost Schedule
• Trackhoe with operator $ 90.00/hour
• 3 C.X. loader with operator $ 75.00/hour
Polyethylene sheeting $ 85.00/roll
• Disposal of Class I non-hazardous soil at
Waste Management's Skyline facility $ 30.00/c.y_
+ Disposal of Class H non-hazardous soil at
Waste Management's West Side facility $ 8.50/c.y.
• Transportation of Class I non-hazardous soil to
Waste Management's Skyline facility $ 300.00/load
+ Transportation of Class 11 non-hazardous soil to
Waste Management's West Side facility $ 225.00/load
• Backfilling of excavation $ 10.12%c_y.
Based on the dimensions provided by CFWEM, the to:al cosi for excavation,
transportation and disposal of the excavated material based on disposal as a
Class II non-hazardous waste is $ 17,168.00. In the event that analytical testing
proves the material to be Class 1 non-hazardous, Eagle's estimated cost for the
project is$24,897.00. The above quotation assumes the followinu;
The site is easily accessible and there are no object,; present to hinder the
progress of the work, including the presence of overhead or underground
utilities or lines.
• All excavated soil can be disposed as a Class II non-hazardous waste.
• All work can be performed in Level D PPE.
• CFWEM is responsible for all analytical required for adequately profiling the
excavated soil for disposal.
• Rock or water will not be encountered in the excavaticn.
+
11-te excavation will not require shoring or bracing.
r0X27100 FRI 14:49 FAX 2546292823 EAGLE CONSTRUCTION 16004
Mr.Michael vange Page 3
October 26, 2000
• The soil is contaminated with TPH only. Any other contaminants will require
additional costs for disposal.
Terms and Conditions
Eagle's Terms and Conditions are hereby incorporat(!d into this proposal.
Signature below by an authorized representative of CFWEM and
countersignature below by an authorized representative of Eagle will constitute a
Contract between Eagle and CFWEM to perform the services in accordance with
the scope, pricing, schedule and standard terms and conditions of this proposal.
Any changes to Eagles scope, pricing, schedule or standard tei7ns and
conditions must be specifically agreed to by Eagle in writing prior to acceptance
of this proposal and incorporated herein
This proposal is valid for sixty days from the date of this proposal and Eagle
reserves the right to withdraw this proposal without notice. Any work
performed outside of Eagle's proposed scope of work ar schedule or material
changes in project conditions will be conducted and invoiced in accordancc: with
Eagle's standard time and materials fee schedule in effect at the time unless
otherwise agreed to in writing by Eagle.
Eagle's price does not include any federal,state,county(parish), municipal and
local sales, use and excise taxes,and the like. ff any such taxes are applicable and
CFWF- M does not provide a Direct Pay or Tax Exemption Certificate for this
work, such taxes will be added to the invoiced amount.
Prior to performance of the project, Eagle will require the completion and
approval of a credit application. Please allow up to four days to process the
credit application. All work performed without an approved credit application
will be on COD basis.
We appreciate the opportunity to submit this proposal. If you have any
questions or require additional information, please contn:t me at (254) 629-1718.
If you accept this proposal, please sign and complete the "Accepted by" section
of this proposal below and return to Eagle for our countersignature.
Very truly yours,
Eagle Construction and Environmental Services,LP
Hector C.Davis
Project Manager
'UNRIC
�Go as
10'/27/00 FRI 14:50 FAX 2546292820 EAGLE CONSTRUCTION L1005
Mr.Michael Gange Page 4
October 26,2000
By signature below,CFWEM hereby accepts the above proposal and agrees to all
of the terms,conditions and exhibits referred to and incorporated herein:
Accepted by: Accepted by:
Eagle Construction and
Environmental Services,LP
BY BY
NAME NAME
TITLE TrME
ADDRESS 9707 Bast I-20
CITY,STATE,ZIP Eastland,Texas 76448
TELEPHONE (254) 629�1718
FAX (254) 629-8625
DATE DATE
R/Estidata/2000 job5/FortWorth/0201.5340
PERO
1.0/27/00 FRI 14:50 FAX 2546292823 EAGLE CONSTRLiCTIUN �luuts
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P.
P_O.Box 872-Eastland,Texas 76448; Phone;254/629-171B Fax:2541629-8625
2'4 flour Emergency Response: 8001336-0909 or 8001725-1333
STANDARD TERMS AND CONUIT1ONS
1. Term: All proposals•whether oral or written,shall be valid for a period of 90 days.The cancellation or expiration of the any contract hereunder shall not affect
either Party's obligations under any orders issued and accepted prior to such expiration or cancellation. By issuance of a notice to proceed with the work,whether
oral or written,Client agrees to the terms and conditions stated herein.
2. Project Documents: Eagle's proposal includes and incorporates Eagle's Rate Schedule which is in effect at the time of performance of the work, all
documents provided to Eagle by or on behalf of Client and all documents provided to Client or its representative by or on behalf of EagP he term"Client'refers
to the party with whom Eagle is contracting. This document is incorporated by reference to the Contract as specified therein and is an integral part of the Contract.
3. Scope of Work and Price: All work performed hereunder shall be performed and invoiced in accordance with Eagle's wrNen or oral proposal, Eagle's Rate
Schedule which is in effect at the time of performance of the work,the other Project Documents,and the terms and conditions stated herein as each may bea
applicable to the type of work performed. In the event that the scope of work changes.Client agrees to pay Eagle on a time and material basis in accordance with
Eagle's then current Rate Schedule or other unit rates,whichever is applicable,unless a revised proposal is prepared by Eagle and accepted by Client.
Emergency response services shall be performed and invoiced in accordance with current Eagle's Rate Schedule. Client is expressly prohibited from allowing
any other earrlerto move Eagle's equipment,including roll-off boxes,without the prior written consent of Eagle. Unless expressly set forth,Eagle's proposal does
not Include state sales tax.Client will be invoiced state sales tax,when applicable,as a separate line item.
4. General Conditions of Work: Client is responsible for furnishing to Eagle ail pertinent data and inform:dion concerning the work to be performed hereunder,
the nature of the work site and the nature of the conditions to be remediated•including special hazards or risks involved with such work,premises•site or conditions.
Unless otherwise stated in Eagle's proposal,all pricing is based upon the following general conditions:(a)Eaclle will not incur any wafting or standby tirne for reason
beyond Eagle's control;(b)access to,from and at the work site will not be restricted or limited;(C)there will be no overhead,underground,aboveground or other
obstructions,rocks•pipelines,or utilities that would impede Eagle's work;(d)the work site and all acces!:ways shall be suitable for the size and weight of alt
vehicles and equipment utilized to perform the work;(e)all wastes shall conform to the representations of Clent and the Project Documents;(f)all non-emergency
response related work will be performed Monday through Friday during daytime business hours(work performed outside of this time frame will be charged
at 1.5 times the standard rates or as otherwise provided in Eagle's than current Rate Schedule;work performed on holidays will be charged at two times the
standard rates); (g)Client is responsible for all damage to equipment and its components.not caused by the direct-fault of Eagle;and(h)Client is.responsible
for all costs associated with overloading of containers or trucks Including citations,damages to equipment or.oroperty,•loss of revenue,etc,unless loaded by Eagle.
Any variance in these conditions is considered a change in the scope of work unless expressly otherwise stated in Eagle=s proposal.
If any of the waste contains materials which do not conform to the descriptions provided-by Client and/or h the Waste Profile Sheets('non-conforming waste").
Eagle may,at its option,properly dispose of it,return it to Client or require Client to remove and dispose of the non-conforming waste at Cl'ient's expense and
reimburse Eagle for any expenses that it has incurred.
Client is expressly prohibited from allowing any other carrier to move Eagle's equipment without the prior written consent of Eagle. The equipment that Eagle
furnishes to Client will remain on its property until moved by Eagle. Client will be responsible for any loss or damage resulting from its handling of the equipment,
accept for normal wear and tear. Client will not overload by weight or volume,move or alter the equipment and will take reasonable precautions to prevent others
from doing the same.Client will use the equipment only for its intended purpose. If the equipment is inaccessible or overloaded by weight or volume.Eagle's
service will be subject to an additional charge as outlined in Eagle's then current Rate Schedule or other unit rates as applicable_ Eagle win not be responsible
for damage to Client's delving surfaces resulting from weight of vehicles or equipment.
S. Invoicing and Payment Eagle shag periodically submit to Client an Ilemized invoice setting forth the total amounts due in accordance with Eagle's proposal
and/or Rate Schedule. Client shall make payments in Eastland County,Texas due under each invoice withii ten(10)days of the invoice date. interest shall begin
to accrue on the invoice due date on payments not received by such date at the smaller of(i)the maximum lawful interest rate or(f)one and one-half percent
per month.The individual signing the proposal incorporating these terms personally guarantees payment 2f any charges incurred thereunder. All payments will
be first applied to interest,if any. In the event payment is not timely made and Eagle riles a lien or Itond claim on your account, you win be assessed an
administrative charge of$250.00.
6. Title to Waste The parties hereto agree that Eagle is not and shall not be considered the owned or gerierator of,and shall not take title to,the waste materials
or substances remediated,removed or otherwise handled by Etigfe on behalf of Client. Client hereby acr:horizes Eagle to sign waste manifests and profiles as
agent for the generator.
7. indemnity. Each party hereto agrees to indemnify,defend and hold harmless the other party hereto and the other party's shareholders,directors,officers,
employees and agents,from and against any and alt claims,demands,causes of action and liabilities of any nature,whether for damages to property,business
interests,or persons or for death,arising out of or related to the performance of this Contract andlor the exinditions to which this Contract pertains,to the extent
that any such claims,demands,causes of action and/or liability is attributable to the breach of contract,n agligence.or other fault of the indemnifying party_ The
indemnification by each party shall survive the•termination of this Agreement.
B. Assignment: Client may not assign,transfer or otherwise vest in any other company,entity or person,any of its rights or obligations under the Agreement
without the prior written consent of Eagle,which consent shall not be unreasonably withheld.
S. Performance of Obligations:It is expressly agreed that Client will perform all or a substantial portion of its duties and obligations in Eastland County.Texas.
10. Venue,Choice of Law and Jurisdiction: The parties stipulate and agree that venue"is proper in l�.astland County,Texas only and that laws of the State
of Texas shall apply to all disputes. The parties expressly waive venue in all other counties. The parties further SU ulate t dispute that arise
out of this contract is proper in any district court in the State of Texas. ,
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