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HomeMy WebLinkAboutContract 30473 CITY SECRETARY CONTR ' CT NO. CONTRACT BETWEEN CITY OF FORT WORTH AND EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. PROJECT # DEM04-04:ERS EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS AUGUST 2004 g �'f +tU �o '7('1!E'TAR`d :T NO. CONTRACT FOR EMERGENCY RESPONSE SERVICES t FOR ENVIRONMENTAL HAZARDS This agreement 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 & Environmental Services, L.P. acting herein by and through Marc W. Walraven, its duly authorized vice President , hereinafter called "Contractor". WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in providing environmental emergency response services; and, WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in providing environmental emergency response 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. Ci ,tis Representative means the Director of the Department of Environmental Management or his designee. B. Contract Document means the Proposal Documents, Specifications attached as exhibit B, and this contract. C. Deliverable Document means a report, photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. D. 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, traiisportation, 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: 1. Damages for personal injury and death, or injury to property or natural.resoure=_ _ _.- Emergency Environmental Response Services Contract CRP0616.04v3 I —LJ a .." F 'shk 2. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such 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, 3. 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. E. 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 AMW the environment, including without limitation: 1. 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 substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and 2. All requirements pertaining to the protection of the health and safety of employees or the public. F. Hazardous materials means those materials defined as hazardous by the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. G. 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 A01b, pollutant listed under 42 U.S.C. § 7412, the Clean Air Act; and any imminently Emergency Environmental Response Services Contract CRP06.16.04v3 Page 2 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). H. 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. I. Notice to Proceed means oral notice by an authorized representative of the Department of Environmental Management that authorizes Contractor to mobilize to the work site. Contractor shall upon arrival at the work site make contact with the Department of Environmental Management or Fire Department Incident Commander on the scene for further direction. J. 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. K. Order of Cessation means an oral notice from the City's Representative to halt immediately further work under this contract. 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 Request for Proposal DEM04-04:ESR 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 work site with sufficient personnel, materials, and equipment necessary to effectuate an adequate response. The adequacy of the response shall be determined in the sole reasonable judgment of the City. O. Responsible Party means the owner or operator of a vehicle, pipeline, or facility from which there has been a release or a threatened release of toxic or hazardous substances, materials, or wastes; oil or petroleum substance; pollutants; or contaminants. P. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. Emergency Environmental Response Services Contract CRP06.16.04v3 Page 3 r II. TERM The initial term of this contract shall be for a period of twelve (12) months, beginning on the date this contract is fully executed. In addition to the initial term, City, at its sole option, shall have the right to renew this agreement under the same terms, conditions, and for the same compensation for up to two (2) consecutive one (1)year renewal terms. The City may renew this agreement by the City Manager executing a renewal agreement and City Council appropriating the funds. Provided, however, the term of this contract shall be extended for such period of time as may be necessary for the Contractor to complete any work that is in progress. 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 the City's request for proposal dated March 4, 2004, and in the manner in which Contractor responded to City's request for proposal. Both the City's request for proposal and the Contractor's responses are attached hereto as exhibit A 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 as follows: the terms of this contract shall prevail, followed by the terms of the request for proposal, and then followed by the Contractor's response. B. Contractor shall respond WITHIN ONE HOUR of the receipt of the Notice to Proceed to a release or threatened release of toxic or hazardous substances, materials, or wastes; oil or petroleum substance; pollutants; or contaminants, and shall provide the necessary personnel, materials, and equipment for an adequate response. The adequacy of the response shall be determined by the sole reasonable judgment of the City. C. Upon request by the City, Contractor shall collect samples and have analytical testing performed to assist in the characterization and profiling of waste for disposal. All analytical testing shall be performed at the laboratory designated by the City. The cost for analytical testing shall be the responsibility of the City. D. 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 E. Contractor shall assist the Fort Worth Fire Department, under Fire Department command direction, in confined space entry or reactive chemical ordinance until command is passed from Fire Department to other City staff control. r Emergency Environmental Response Services Contract CRP06.16.043 Page-4 F. Contractor shall provide on-site remediation of wastes as requested, including, but not 00111 limited to bio-remediation. G. Contractor shall provide transportation of hazardous and non-hazardous solid and liquid wastes to the appropriate disposal location. Contractor shall also provide all the labor, materials, and equipment necessary for the removal, packaging, transporting and disposal of spill, abandoned waste, and other environmentally hazardous materials on an as- needed basis. H. Contractor shall provide sorbent products to the City on an as-needed basis. I. Order of Cessation: 1. City may issue an Order of Cessation under the following circumstances: a. Contractor has entered into an agreement with Responsible Parry for remediation services at the work site. In that event, City shall have no further responsibility to the Contractor after the agreement with the Responsible Parry has been executed; b. Responsible Parry has entered into an agreement with another contractor to perform remediation services at the work site, and that contractor has arrived on scene; or AM- C. At any time City determines that the work is being carried out in a hazardous or unlawful manner. 2. After being given an Order of Cessation pursuant to I.b. above, Contractor shall cancel their response if in route to the scene or take all appropriate steps to turn control of the remediation over to Responsible Party's contractor. 3. After being given an Order of Cessation pursuant to l.c. above, Contractor shall immediately turn control of in-use containment or sorbent products over to City, and perform demobilization activities. J. Following an Order of Cessation or completion of response action, Contractor shall provide a comprehensive report of the actions taken on behalf of the City of Fort Worth within five (5) days. The written report shall include a summary of all actions including final cleanup and the name of the City employee who initially contacted the Contractor for response. This report shall accompany the invoice submitted for the work. Contractor shall further provide City with fully executed copies of Waste Manifests within 30 calendar days of waste shipments. No payment shall become due and payable until all pertinent Waste Manifests have been delivered to the City. Contractor shall provide all paperwork and documentation needed to complete waste shipments. Emergency Environmental Response Services Contract CRP06.16.043 Page 5 K. Contractor certifies that it has and will maintain during the term of this Contract, current A61hand 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; and L. Contractor certifies that it has and will maintain the required insurance listed in Article VII. 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 to the work site; B. Coordinate with City facilities, City departments, and any tenants; C. Provide site access; and D. Arrange, coordinate, and take any and all actions reasonably necessary to obtain and secure ingress and egress to emergency response sites. Contractor herein agrees that it �► will attempt entrance to an emergency response site only upon authorization by the City. V. SUBCONTRACTORS If Contractor desires to subcontract any service(s) listed under Article III, "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 subcontractors' facilities in order to determine acceptability of the Subcontractor(s). VI. COMPENSATION A. In consideration for the work performed by Contractor under this contract, City shall pay Contractor a sum not to exceed $25,000. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The City will exercise reasonableness in contesting any bill or portion thereof No interest will accrue on any contested portion of the billing until mutually resolved. Emergency Environmental Response Services Contract CRP06.16.043 P4j,-6' AW B. At the end of each month that this contract is in effect, Contractor shall provide City a written report detailing the total amount paid to date, any retainage held by the City, and an itemized list of work in progress in order that the City can assess the need to amend this contract to provide for an increase in the maximum fee allowable. C. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor is caused by City's failure to provide information, if any, which it is required to do provide under this agreement. When extra compensation is claimed, a written itemized statement detailing any and all justifications for delays incurred shall be presented to the City. 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 the City 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 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, $2,000,000 aggregate. Coverage shall include but not be limited to the following: premises, operations, independent contractors, products/completed operations, personal injury and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO) policy. Sudden pollution coverage may not be excluded by endorsement. All endorsed exclusions are subject to review of the City in order to determine if the exclusions are acceptable. D. Professional Liability Insurance: $1,000,000 each ocurrence. E. Automobile Liability Insurance: Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis, or: $500,000 Bodily injury/person; $200,000 Property damage. F. Uninsured/Underinsured Motorist: Emergency Environmental Response Services Contract CRP06.16.04v3 Page 7 Aft, $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; $500,000 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 items 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, and shall be annotated accordingly: 66 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. 112. 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. AW Emergency Environmental Response Services Contract CRP06.16.04v3 Page 8 AW 113. 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. 114. 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 76102-6311.' "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 Risk Manager for the City of Fort Worth. The City's standard is an A. M. Best Key rating A:VII. 116. 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 Emergency Environmental Response Services Contract CRP06.16.043 Page 9 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 Article VIII. G. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either 1. submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or 2. provides Owner with a letter from Contractor's liability insurance carver that the claim has been referred to the insurance carrier. 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 remediation, abatement, packing, transporting, and disposal of 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. Emergency Environmental Response Services Contract CRP06.16.04v3 Page 10 X. 'P&I 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. 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 Emergency Environmental Response Services Contract CRP06.16.043 J'Page 11 i enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, 401h, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. 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. C. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. XIII. RIGHT TO AUDIT A. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this Article. City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontractor agreements 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 and the right to examine and photocopy any directly pertinent books, documents,papers and records of such subcontractor, involving transactions to the subcontract, and further, that the City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article City shall give subcontractor reasonable advance notice of intended audits. C. Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed XIV. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Contractor shall perform all work „W and services hereunder as an independent contractor, and not as an officer, agent, servant or Emergency Environmental Response Services Contract CRP06.16.04v3 Page 12 employee of the City. Contractor shall have exclusive control of and the exclusive control of and 0011' the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contactor. 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. 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 laws of the State of Texas shall govern the validity and construction of this contract, 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. Emergency Environmental Response Services Contract CRP06.16.043 Page 13 AW XVIII. MODIFICATION No modification of this Contract shall be binding on Contractor or the City unless set out in writing and signed by both parties. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable document(s), and schedule of payments. 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 (817) 392- 6647; FAX (817) 392-6359 AW { Emergency Environmental Response Services Contract CRP06.16.04v3 Page 14:, ; s t ooh� If to Contractor: Name of Company: Eagle Construction& Environmental Services, L.P. Name of Contact Person: Marc W. Walraven 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. 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 ort Worth Eagle Construction & Environmental Services, L.P.` Assistant City Manager President or Vice President Emergency Environmental Response Services Contract CRP06.16.04v3 9 Page 15 00,11 APPROVED AS TO FORM WITNESS: C�M � P Assistant INty Attorney Name: $., iuh Title: ice E NL ATTEST: CORP TE N"L: , PEX Marthf Hendrix, NY Secretary 0 DaaL Contract Authorizaitioa p)-jC)-rq Date Emergency Environmenial Response Services Contract CRP06.16.04v3 Page 16 CONTRACTOR COMPLIANCE WITH #01k WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No. DEM04- 04:ES R. Eagle Construction & Environme/nta! Services. L.P. By. 15 Marc W. Walraven Vice President of the G.P. Title August 19, 2004 Date STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Aft Marc W. Walraven , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Eagle Canstruction and Rwircrrmtal Serzirps, L.P. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office thisl9th day of August , 20 04 Notary Pu is in and for the tate of Texas KAY MURRY =\° NOTARY PUBLIC STATE OF TEXAS My Commission Expires 2-1-2006 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. APD. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. /b• 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be #01h, covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE t The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". PROPOSAL PACKAGE CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 FORTWO- 'RTH 4411ir PROJECT: DEM04-04:ESR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS March 04, 2004 TABLE OF CONTENTS 1.0 REQUEST FOR PROPOSAL 1.1 Scope of Work 1.2 General Requirements 1.3 Interpretation of RFP Documents 1.4 Conflicts and Questions 1.5 Proposal Submittals 1.6 Opening of Proposals 1.7 Proposal Evaluation Criteria 1.8 Contract Time 1.9 Negotiation of the Contract and Exceptions to the Documents 1.10 Award of the Contract 1.11 Reservations 2.0 PROPOSAL DOCUMENTS 2.1 Proposal Document Checklist 2.2 Acknowledgment of Receipt of Request for Proposal Addendum(a) 2.3 Minority and Women Business Enterprises 2.4 Bonds 2.5 Proposal Summary 2.6 Technology Description 2.7 Cost Estimate 2.8 Qualifications of Provider 2.9 Financial Statement 2.10 List of Subcontractors /TSD Facilities 2.11 Vendor's Compliance to State Law 2.12 Insurance Certificates 2.13 Provider's Licenses & Certificates 2.14 Provider's Legal and Compliance History 2.15 Health and Safety Program Manuals 2.16 Proposed Disposal Facilities DEM04-04:ESR March 4, 2004 Table-1 1 .0 REQUEST FOR PROPOSALS 1.1 SCOPE OF WORK: Proposals are being accepted by the City of Fort Worth ("City') for the furnishing of all labor, materials and equipment necessary to perform emergency response services for spills, abandoned wastes, and other environmental hazards as deemed necessary by the City, and analytical, disposal, consulting, and remediation services for spill control at all facilities and locations under the control of the City (City- owned properties), including structures, rights-of-way, storm sewers, surface water bodies, and illicit narcotics laboratories. The City will enter into Contract with a minimum of one Provider for this service. The number of Contracts to be awarded will depend upon the adequacy of the Proposals submitted, and the City's determination of the ability of the Providers to provide the necessary services. THERE WILL BE NO GUARANTEED MINIMUM WORK UNDER ANY CONTRACT AWARDED. Under this Contract, the Provider shall have the following responsibilities: * Respond WITHIN ONE HOUR of being notified by the City to a release or threatened release of toxic or hazardous substances, materials, or wastes; oil or petroleum substance; pollutants; or contaminants. WITHIN ONE AND HALF-HOURS provide the necessary personnel, materials, and equipment for an adequate response. The adequacy of the response shall be determined by the City in its sole reasonable judgement. * If requested by the City, collect samples and have analytical testing performed to assist in the characterization and profiling of waste for disposal. All analytical testing shall be performed at a Laboratory designated by the City. * Negotiate approval with the City for profiled waste and make arrangements for disposal if the waste is Class II Non-Hazardous Waste. If the waste is either Hazardous or Class I Non-Hazardous Waste, the Provider shall contact the City to make arrangements for disposal through the hazardous waste disposal company under separate contract with the City. * Assist the Fort Worth Fire Department, under Fire Department command direction, in confined space entry or reactive chemical ordinance until command is passed from Fire Department to other City staff control. * Provide on-site remediation of wastes as requested (such as bio-remediation). * Have the capability to provide transportation of hazardous and non-hazardous solid and liquid wastes. * Provide sorbent products to the City on an as-needed basis; and * At the conclusion of all response actions, 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 and the name of the City employee who initially contacted the Provider of response. This report shall accompany the invoice submitted for the work. A� DEM04-04:ES R March 4, 2004 1-1 t 1.2 GENERAL REQUIREMENTS: All Providers will be required to comply with provision 5159(a) of'Vernon's Annotated Civil Statutes of the State of Texas" with respect to the payment of prevailing wage rates. All Providers must comply with City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Sections 17-66 to 17-67) prohibiting discrimination in employment practices. 1.3 INTERPRETATION OF REQUEST FOR PROPOSAL DOCUMENTS: All requests for an interpretation of the Request for Proposal must be made in writing and submitted to the Department of Environmental Management, by either fax or mail, at any time up to seven (7) calendar days prior to the time of the opening of Proposals. The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. The City will issue, as a formal addendum, any interpretation of the Proposal Documents. The City will attempt to fax a copy of each addendum to each person receiving a Proposal Package. All addenda must be submitted with the Proposal in section 2.2. The City will not be responsible for any other explanations or interpretations. It is the responders obligation to determine if addenda have been issued prior to the time for submitting the Request for Proposal. 1.4 CONFLICTS & QUESTIONS: Should there be conflicts between the Proposal documents and the final executed contract document, the final contract shall take precedence. Questions regarding this Request for Proposal should be directed in writing immediately to: Clarence W. Reed Environmental Program Manager Department of Environmental Management City of Fort Worth 5000 Martin Luther King Freeway Fort Worth,TX, 76119 Phone (817) 871-5465 Fax (817) 871-5464 Clarence.Reed@fortworthgov.org 1.5 PRQPOSAL SUBMUTALS: Each Provider should submit a Proposal for all items to complete the project or the entire Proposal may be considered non-responsive and rejected. In case of ambiguity or lack of clarity, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. Proposal documents and specifications may be obtained via the Internet at www. DemandStar.com. These same documents may be reviewed at the City of Fort Worth Purchasing Division, 1000 Throckmorton, Lower Level. DEM04-04:ES R March 4, 2004 1-2 i Proposals must be submitted in a sealed envelope, addressed to and received at City of Fort Worth Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102 no later than 1:30 p.m. on Thursday, March 18, 2004. The project number must be clearly marked on the envelope and the statement "PROPOSAL DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 on Thursday, March 18, 2004" placed in the lower left-hand corner of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Any Proposal Documents not properly marked or not received in the proper place by the proper time will be considered non-res onsiv .. NO FAXED PROPOSALS WILL BE ACCEPTED 1.6 OPENING OF PROPOSALS: The Document entitled "Proposal Summary' in each Proposal submitted will be opened and read aloud at 2:00 p.m. on Thursday, March 18, 2004, in the Fort Worth City Council Chambers. The Proposals shall be handled so as to avoid the disclosure of the remainder of their contents to competing offerors and so as to keep such contents secret during negotiations. All Proposals will be open for public inspection after the contract is awarded, but trade secrets and confidential information in the Proposals will not be open to public inspection. The Proposal Documents submitted in accordance with this Request for Proposal shall remain valid for sixty(60) days after the due date. 1.7 PROPOSAL EVALUATION CRITERIA: Proposals will be evaluated by qualitative measures and will be weighted as follows: FACTOR MAXIMUM WEIGHT Facility(office) Visit 25 points Technology description 30 points Cost Estimate 30 points Equipment Inventory 30 points Provider's Experience 10 points Qualifications of Provider's personnel 10 points Provider's work history with the City 10 points Provider's legal and compliance history 10 points Proposed disposal facilities 10 points Financial statement 5 points Health and Safety Program 5 points Quality of sub-contractors 5 points TOTAL 180 points NOTE: Any of the above factors may be weighted as low as -20 points. The facility (office) visits will only be performed for a maximum of the three highest scoring Providers based on the other 11 criteria. Awl' DEM04-04:ES R March 4, 2004 1-3 The City will select the most highly qualified Provider responding to the request based on the above criteria. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Provider, subcontractors, and other persons who are proposed to work on the project 1.8 CONTRACT TINE: The successful Provider(s)will be awarded One-Year Contracts with two One-Year Options to Renew. 1.9 NEGOTIATION OF THE CONTRACT: The City will meet with the successful Provider and negotiate any final changes to the Contract and any exceptions identified in the Proposal Documents. The City is not obligated to accept any exceptions made by Provider. After the negotiations, the City will make final changes to the Contract documents and issue the Contract Documents with Notice of Awards to the successful Provider(s). 1.10 AWARD OF THE CONTRACT: The City will send a Notice of Award letter to the successful Provider with three (3) sets of contract documents. The successful Provider must execute the Contract in each set and return all three sets to the City. Upon receipt of the three sets, the City will execute each set and issue one set to the Provider with a letter entitled Notice to Proceed. This letter authorizes work to begin and invoices to be paid. 1.11 RESERVATIONS: The City reserves the right to reject any or all Proposals and waive any or all formalities. DEM04-04:ESR March 4, 2004 1-4 2.0 PROPOSAL DOCUMENTS 2.1 PROPOSAL DOCUMENT CHECKLIST Al Proposal Documents, including this Checklist, must be completed in full and submitted in a sealed envelope, in the requested order, or the Proposal may be considered as a non-responsive submittal. .-1. PROPOSAL DOCUMENT CHECK LIST 02. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA -- d 3. MINORITY and WOMEN BUSINESS ENTERPRISES xlwlt) ,14. BONDS �?�' al •5. PROPOSAL SUMMARY 6. TECHNOLOGY DESCRIPTION1�'J 7. COST ESTIMATE 8. QUALIFICATIONS OF PROVIDER ' 9. FINANCIAL FINANCIAL STATEMENT 00w X10. LIST OF SUBCONTRACTORS _ 19 •11. VENDOR'S COMPLIANCE WITH STATE LAW .11"Ile .12. INSURANCE CERTIFICATES d'wW ,13. PROVIDER'S LICENSES & CERTIFICATES 'M WLJ .14. PROVIDER'S LEGAL& COMPLIANCE HISTORY ASL I-A'u1 .r•15. HEALTH & SAFETY PROGRAM MANUALS —1m JAZW X16. PROPOSED DISPOSAL FACILITIES '0LV J I understand that failure to submit all of these items may cause my submittal to be considered non- responsive. Name ____Mar_c_ �_Wal r v n — Title _--_Vr ��gj�ellt_ _1r�1��•P. -- Company—_ Eagle Construction and _— Environmental Services, L.P. /wb• DEM04-04:ES R March 4, 2004 2-1 2.2 ACKNOWLEDGEMENT OF RECEET OF REQUEST FOR PROPOSAL ADDENDUM 2.2.1 Check if applicable X The undersigned acknowledges the receipt of the following addendum(a) to the Request for Proposals, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 March 11, 2004 (Date received) Addendum Number 2 March 17, 2004 (Date received) Addendum Number 3 March 17, 2004 (Date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Proposals. PROVIDER: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES L.P. BY: Marc W. Walravcn Company Name (print or type name of signatory) P. 0. Box 872 A."Az�t�� Address (Sign tere) Eastland, Texas 76448 Vice President of the G.P. City, State, Zip Title(print or type) DEM04-04:ES R March 4, 2004 2-2 r 2.3 MINORITY and WOMEN BUSINESS ENTERPRISES (KNWBE) It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (MVWBE) firms, in the procurement of professional services. Contractor must comply with Chapter 20, Article 10 of the City of Fort Worth Code, "Minority and Women Business Enterprises Policies and Disadvantaged Business Enterprise Policies", currently and as it may be amended. Forms are included as part of this section for detailing the achieved goal, good faith effort, or Prime Contractor Waiver. As a condition of contract award, all Contractors will be required to submit information addressing the MI BE 5%goal established for this contract. If the Provider proposes to meet or exceed the 5% goal they should submit: (1) Name, address and phone number of each subcontractor; (2) Scope of work to be performed by each named firm; and (3) Percentage of the dollar value of work for each named firm. If a Provider fails to achieve the City goal, documentation demonstrating a Good Faith Effort must be provided. This documentation must include a list of each subcontractor and/or supplying opportunity through the 2nd Tier. Submit documentation if MVWBE quotes were rejected. This documentation must be in the form of an Affidavit that includes a detailed explanation of why the WW BE was rejected and any supporting documentation the Vendor wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Vendor will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. If a Provider wishes to claim a Prime Contractor Waiver then the necessary form shall be completed and all of the information required to meet the 5% Goal shall also be submitted for any and all identified subcontractors or suppliers and reasoning for not using MWVBE firms for these services. Any MI/WBE business used must be certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA) or by the Texas Department of Transportation (TxDOT), Highway Division. The WWBE includes the nine (9) counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall or doing business in the marketplace during negotiation related to the bid. WW BE participation or "Good Faith Effort" documentation will be reviewed as part of the evaluation for this Proposal Package. DEM 04-04:ES R March 4, 2004 2-3 FoRTWORT14 ATTACHMENT lA I Page of 1 City of Fort worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY �F e t do#�r;va a c+ #lie c+�nt #is ZS.OtIB tinore -ths�ItiIIA aoa Ss aaa gable POLICY STATEM ENT it is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the Citys current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is -5_-%of the base bid value of the contract. COMPLIANCE TO 61D SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MVWBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or: 3. Waiver documentation, or; 4. Joint Venture. S 1I3MITTAL OFR (3 )IR D DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal received by 5:00 p.m., five (5) City business days after the bid is met or exrppriptl- opening d2te- exclus*ye of the bad opening datp- 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form- Of no KNWBF particop2t*on- I onpnina date. exclusive Qf the bid opening date- 4. Prime Contractor Waiver Form, if you received by 5:00 p.m., five (5) City business days after the bid will perform 211 subcontmcfing/supplier work7 npening d2tp exclusive of tho bid opening date- 5. Joint Venture Form, if utilize a joint received by 5:00 p.m., five (5) City business days after the bid venture to met or exceed Qoal. opening dnie. exclusive of the bid openong date- FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS �* Any questions, please contact the M/WBE Office at(817) 871-6104. DEM04-04:ESR March 4, 2004 2-4 FORTWt)R"TH ATTACHMENT 1B —"� Page 1 of 4 City of Fort Worth J Suhcnntractnrc/Suepli _rc Utmlo7afinn Form PRIME COMPANY NAME: EAGLE CONSTRUCTION AND Check applicable block to describe nrime ENVIRONMENTAL SERVICES, I.O.P. PROJECT NAME EMERGENCY RESPONSE SERVICES AA1N�DBE NON-MW/DBE FOR ENVIRONMENTAL HAZARDS BID DATE 03/25/04 City's MMME Project Goal: PROJECT NUMBER DEM04-04:ESR Identify all subcontractors/suppliers you will use on this project atiur ; c mp 6 1r l form,it s entre witf�t requested documentaf[on and re of ed�bV th ` � iYt�anastlnct Des>'artmenf a ar before 5;6q q fivd($# ItY business ays after bidoaenln� �. excCsr�of[ Iopt>ntns date. 1,J result to t(SEI bid�e#nst consldered<tsari responsive to bIc# , i,' pgr�?1�+' .:.z x +,., •uu,, y ✓', - ';. ,..r "...s- .«Ls''. ,vvl.66iatl0niis� k"�i .ro` ' f-.£ s1t1 Ta yw 4�"� ..,. ..� _VF4 v"v is. fit..2's3s�"` J'"'i'r✓' .. Tli u s ersi r�� f# rot ads ree fc ente tnfa r oma#aQM0'Men�VuItkC ih R /VYB ffrtn(s#[Istel it ;. this'utifizatlait sc ed'uCe,cortditionec#uti�a�execu#loaf�r contract with th�l in Gt#tt cr Falt ifr�artf�'�he e�ri Iiilia ai cttor 1c tcwlisi misreQ esen atfgq o, ffacts is'ara p ft, cc sslde atio o -� dlualificatiat�'anit�wll�resri[t it tie ti��i'eiri�:carisitfe�`rtrtoii=res ons�ve to 5ies`"ecificatian M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson,Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. V. Cdentlfit eacTie� ve~ie levot szlb�aactuxbei�+ud jure corltractor i e , a eifrec �avt e� ro� th!e tx1eccintracio t a srabcanfracto Ise coT!..de�ec� Ike paerl , Egaa SUfxOnr'BGttXOrv)ts SU riel is cons ereL -2'' fle �^ 6 �# ALL MMBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with NnorityMomen Business Enterprise(WWBE). I xhau[[nt~;;sl nrEt,e ark utilized, tft jar n�wlit be qNe credit as lianq as the fly B fistec# owns and: c ateg of wk one t tIcerised and ol�etatlonai trrJck to f us orr the contract:, T i I�MIYBE mai leas ; fruGics frcim arioifer M!iIVBE'.fi�i; I('tCIUdlriQ Ml�`!3!�avunar=al�ati�rs, anr� reneiva fait M�WBt �re�iit ITh NNVIfBE 11faS rease� I1JCk rtoI1-MIWBI=s:irjtidinc awneroerators�berg wlft air recizvi� credo for tte DEM04-04:ES R March 4, 2004 2-5 ATTACHMENT 1B Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Mnority,Women and non-iWWBEs. Please list WWBE firms first,use additional sheets if necessary. Certification (check one) SUBCONTRACTORISUPPLIER 7N T Detail Detail Company Name i Address M W C X Subcontracting Work Supplies Purchased . Dollar Amount ' Telephone/Fax = B B R O ,;. E E C T A. TTI Environmental Analytical $ 15 000.00 Laboratories Testing of 2117 Arlington 1 .X X Contaminated Downs Road Media Arlington, TX 76011 Phone: 817/861-5322 Fax: 817/261-1717' Denali Services Transporlatrnn $ 25,000.00 P. 0. Box 316 1 X X of Contaminated Ranger, TX 76470 Soil Phone: 817/306-4616 Fax: 817/306-0341 DEM04-04:ESR March 4,2004 2-7 ATTACHMENT 1B Page 4 of 4 Total Dollar Amount of MIWBE Subcontractors/Suppliers $ 40,000.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 0.00 TOTAL DOLLAR AMOUNT OF ALL $ 40,000.00 SUBCONTRACTORS/SUPPLIERS TfktQdntm. df4fNw'i ­ ma add "d tq­ns" �; q op), titAmi-1p-.,, certified ' without t alm-, eVNwomen, WSieis htetbrisManaqor cies , neehrcM- th7 subm ` fig ut 06­00$f 'A an MOW' q a., qq ­T of "VT C4 havrocdcki brbicn __0 M, d ddin h IITY, CA) " sh."Jq ex a of-hO N - NdMM sub ittwl 6­ KcIt'Too u L d' 't-Whiatid, By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including WW/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/Contractors participating on the contract that will substantiate the actual work performed by the WW/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresent-Am of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. /r Marc W. Walraven Authorized Signature Printed Signature Vice President of the G.P. —Hector Davis - Project Manager Title Contact Name/Title(if different) EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,L.P. PH: 254/629-1718; FAX: 254/629-8625 Company Name Telephone and/or Fax P. 0. Box 872 hectord@ecesi.com Address &mail Address Eastland, Texas 76448 March 25, 2004 City/State/Zip Date DEM04-04-FqR March 4, 2004 2-8 ATTACHMENT 1C F Page 1 of 1 City of Fort Worth Primp .nntrartnr Waiver Fnrm_ PRIME COMPANY NAME: Check applicable block to describe WW/DBE NON-M'W/DBE PROJECT NAME: BID DATE City's M/WBE Project Goal: PROJECT NUMBER 0 If both answers to this form are YES,dant complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you Must complete ATTACHMENT 1C. This form is only applicable if hath answers are yes. f ctire#o+corriDletetris forri; 1ts.ent retsoind be'recehmd bpi rai~,+ iir:aeQ aavc after Aid^„nn:neti exclusive Of the bid aoenina dafe.will result in the bid being considered non- onsiveto bid ` ecificatiarrs. Will you perform this entire contract without subcontractors? YES If yes,please provide a detailed explanation that proves based on the size and scope of this project,this is your normal business practice and provide an operational profile of your business. NO Will you perform this entire contract without suppliers? YES If yes,please provide a detailed explanation that proves based on the size and scope of this project,this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide,directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal,State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one Ml near. Authorized Signature Printed Signature Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address City/StateOp Date DEM04-04:FSR March 4, 2004 2-9 ATTACHMENT 1D Fo T RTH Page 1 of 3 City of Fort Worth Gnc)d Faith Fffort Fnrm PRIME COMPANY NAME: Check applicable block to describe PROJECT NAME: MW/DBE NON-MW/DBE BID DATE ClW s M/WBE Project Goal: PROJECT NUMBER 5% If vou'have failed to secure M/WBEoarticioation and you have subcontractina and/or suoolier oonortunities or if your DBE participation is less than the C1 's proiect goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, y.r exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity.)for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-MMIBE. (DO N01 i IST NAMES OE HRMS) On Combined Pro'ects list each subcontracting and or suoDlier opportunity through the 2nd tier. List of Subcontracting Opportunities List of Supplier Opportunities (Use additional sheets, if necessary) � rn DEM04-04:ESR v . March 4, 2004 v ATTACHMENT 1D Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing _I_ No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (if yes,attach list to include name of M/WBE firm,parson contacted,phone number and date and Uwe of contact.) NO NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide NVWBE name, date, time, fax number and documentation faxed. NOTE: If the list of NVWBEs for a particular subcontracting/supplier opportunity is ten (10)or less,the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of NVWBEs for a particular subcontracting/supplier opportunity is ten (10)or more,the bidder must contact at least two-thirds (2/3)of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? -Yes Ho 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Company Name Jelephone Contact Person Scooe gf Work Reason for Reoect*on DEM04-04:ISS R March 4, 2004 2-11 ATTACHMENT 1D Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/VHBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title — Contact Name and Title (if different) Company Name Phone Number Fax Number -- — — ------- ---- --- -- --- Address Email Address City/State/Zip — Date DEM04-04:ES R March 4, 2004 2-12 F ,W0:I,�I: ATTACHMENT lE Page 1 of 3 CITY OF FORT WORTH Joint Ventnre Migihilityy Form All questions must be answered, use "NA"ifapplicable- Name of City project: A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsirm7e: irtnail address: Cellular. Identify the finis that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the ioint venture M/VVBE firmNon-M/WBE . narnea T firm n me& 7 Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-marl address Name of Certifying Agency: 2. SCODe of work IgrfQrmed by the Joint Venture: Describe the seolLe of work of the M/WBE: Describe the scoW of work of the non-M/WBE: DEM04-04:ES R March 4, 2004 2-13 ATTACHMENT 1E Page 2 of 3 3.What is the percentage of MANSE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete ifthis information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6.Identify by name,race, sex and firm those individuals (with titles)who are responsible for the day-to-daY management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ----------------------------- b. Marketing and Sales ----------------------------- C. Hiring and Firing ofmanagement personnel d.- Purchasing ofmajor equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form NOTE: From and after the date of project award,if any of the participants,the individually defined scopes of work or the dollar amounts/percentages change from the originally approved infonnation,then the participants mist inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debamrnt in accord with the procedures outlined in the City's M/WBE Ordinance. DEM04-04:ESR March 4, 2004 ATTACHMENT 1E Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of vmrk,decision-making responsibilities and payments herein The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to pemnut audits,interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the temination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful rrrisrepresentation of facts. -------------------willful------ --------------------------- --------------------------------------------------------------------- Name of M/W BE firm Name of non-M/W BE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title * Date Date Notarization State of County of On this day of ,20 ,before me appeared and to me personally known and who,being duly swom,did execute the foregoing affidavit and did state that they were property authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Comrnission Expires (seag DEM04-04:ES R March 4, 2004 2-15 f 2.4 BONDS The Provider shall submit with its Proposal a cashiers' check or an acceptable bidder's bond payable to the City of Fort Worth, in the amount of not less than 5 percent of the largest possible total of the bid submitted. The Bond is subject to forfeit in the event the successful Provider fails to execute the contract documents within ten (10) days after the Contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. 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 $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. r DEM04-04:ES R MARCH 4, 2004 2-16 r AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY Bid Bond Bond Number N/A KNOW ALL MEN BY THESE PRESENTS: That we Eagle Construction and Environmental Services, LP, P.O. Box 872, Eastland, Texas 76448 (Name and address of Contractor) as Principal (hereinafter the "Principal"), and American Guarantee and Liability Insurance Company, a New York corporation having its principal office located at One Liberty Plaza, 31St Floor, New York, NY 10006 (hereinafter the "Surety"), are held and firmly bound unto The City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 (Name, address and legal title of Owner) (hereinafter the "Obligee") in the sum of Two thousand five hundred dollars and no cents Dollars ($ 2500.00 ), for the payment of which sum the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. WHEREAS, the Principal has submitted a bid for Emergency Response Services for Environmental Hazards for the city of Fort Worth, Texas (insert full name, address and description of Project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety, or in the event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and such larger amount for which the Obligee may reasonably contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The liability of the Surety hereunder shall in no event exceed the lesser of: (a)the penalty hereof; or(b) the difference between the amount specified in the Principal's bid and any larger amount for which the Obligee reasonably contracts with another party to perform the work specified in the Principal's bid. This Bid Bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code; or Chapter 53 of the Texas Property Code, as applicable, and all liabilities on this Bid Bond shall be determined in accordance with the provisions of the applicable Chapter to the same extent as if it were copied at length herein. �p ENV/ Signed and sealed this 15th day of March , 2004. Jap';�� ATTEST: Eagle Construction and Environmen rvi (Principal) z pQ 0 Bobby C. Aurry Marc W. Walraven a Vice President of the G.P. (Title) WITNESS: American GuaraRte-e-Ind Liabilitv Ins0iii& Company (Surety) i i By: i (SEAL) ( ey-in-fact) Ri and L. Rossan er GICSUR3-TX(12-98) 1 AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY 0 ri e Liberty Plaza, [30111 F I o c.,r) few %�ork. Now York" 1 00DI5 CERTIFIED POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY(S)-IN-FACT KNOW ALL MEN a)' 7 j,ESE I hat the AMERICAN GUARANTEE AND LJABILiTy I NSUPANC��, CUMPANY° a GDrPor-ation seated by and Eyivt -v: under t laws of the Sl.arc- of I-qew 'foirk with 45 Executive Offices Jocated in Sch3ijn­iD,_jrq, IlliTiDis, does hr ninate, cor15,ii1.ju_- ,iiij aDPoirt Mi cha e r Perry and Richard Ross i rider of Ea a t1a nd,TX Its true and hawf u I All or ney(s)-i n �acl w f h ' rind authority herp.tl�'v 1,-� sign, seal a-11 extDcute in it-. behalf, during the period k,ginriinri with the date of issjam�e- of Ph,- L:o)v.­,,7r .Army and all bonriq, irigc;, reciaqnizanC:er or other written obligations in the nature tl­�-_-raof on behaif of Eagle Gai-,struction & EnviMnrTi;.-:iLr.:iI LP 3s priri(;4pal, not tO QXCO�C] S5,0[1,10,600 in any single instance. and to bind 7 'l-i-reby and all of this acts of said Atiorney(s)-in Fact, pursuant ID -h-_ r, arc ricrcgy raiified and cDnfjrmQd of AtGrriL=y is rriEjde and executed pursuant to and by the -iufftrity of 1-,r -inilowilig By-l-;ow duty adopted by the Board of of the Company which By-Law has not been am-sinded or .:?r:-_inded: Section 2. Arti c1c. IJI ". T he pro!3i dent Lir a vice president in a Wr,7.L.-- i j ment 1, d by a secretary or an assistant secretary may (a) appoint any person Attorney-in Fact with ault,,Orry to e)(­-,_1iIq-, surety t,.r.ncir, on behalf of the company and other formal underwriting 71-:()-itracls in reference thereto and reinsu,_:i- in irldivi,dUal piallries and bonds of all kinds and i1 1:1�j 1 1:1_ f;.-)I l".Iu;';- ...=:3I.,-Any' such officers may revuE-il :j i j 1:' _111v 41 ,-v-iri-r,act- This Pavi.­ and under and by the autharity soli f6flowing Rpsolluticirr adopted by tr of I "%IAi'- i -. INSURANCE =MPANY at a meeting duly r;,'!::.:I -:i-d tiield on the )-J') day sof March 19:=Z'. "RESOLVED, 9:=Z- "RESOLVED, 'L.-,Ll -.hr- 7-7 tre presidc.m. _-o a vice presidcnt and ti-.- 7i1,. _".rq !::�cfetary or an a7sistarit secretary and the seal of The co-ripRny rn-.i,,- r..;-- il-.: :ed by facsim-1--- ur7 jj-� _�-[ I r -wrsuzirit ter Ser-teorl 2 of aftick? [I] Y 111,E- By-Lawes, and; Hi_ ,:7; ,1 711 -;rl ; ':t MFJY Oe :3ffixL=J by facsimile to any cernfiL-_-te of :19y ;,W, 1,.j-1h r,_`%v:` i:i:1.,_,ij,i,,g r:I1-:simile siqrratijrt= and reap shall be valid and lhe sualec ..ind cerMed by cert ficate 5;4 executed and sealed shall, wr, f,.-.-:;pE?ct to any .nr r.. --Zi which E, writinita to be --,rid binding can the company," IN WITNESS WHEREOF the IC:..11 I r-.'SURAND --l-INIPANY h.3s mused these presents to be exet.uted in its narne and on its --i- 17% :3--Ii)-ed and at%a-sted Lv JIficers the teunto duly authonzaa, 31st day of Durmmbnr 2001 LRAING: This Power of Attorney is printed on paper that cluturs unauthorized copying cir faxing. AMERICAN GUARANTEE AND LiA91LITY INSURANCE COMPANY STATE CF A ';"I-QVF-T5 Dcmald HorzOer tylt.T4 s Coors Secretary Executive Vice President Dn this 31st day of December A-L),, 2001- before the s uh sGri b e r, a Notary Public of the State and Cai inty atri rL7.said, duly Notary Public commissioned and qualified, c;3me the above named vice vresidenl and secfetary cif the AMF RICAN GUAHAN 1 E E AND LIABILITY INSURANCE COMPANY, to me personally knuwn 10 be the individuals and officets described in and who execu,ed the preceding Instrument, and they each a0mowledgied the execution of the same and, being by me duly sworn, they severally and Each for himself deposed and said that they respectively hold the offices ipsaid Corporation as indicated, that.the Seal affixed to the preceding instrument is the Corporate Seal of said Corporation, and that the said Corporate Seal, @nil their signature as such ofters, were duly affixed and subscrtbiad to the said-instrument pursuant to all due corporatE authofizaticin. IN WITNESS WH EREDF, I have here u nto set my hand and affixed r-nv OfiFicial Seal the day and year first above wnfterl 7�rricA,�ti lel CrAl Notary Public My Comrriossion Expires 08/22103 This Power of Attorney limits tfic- acts of ftre named theirein is the bunds and undertakings specifically named therein end they have no authority to bind the Company except in the manner and to" extent herein stated. I. the undersigned, a secretary of the AMERICAN GUARANT;_-[ L;NID LIABILPY INSURANCE COMPANY. do hereby ce,-tifir tt"al thu Pciwe;-of Attorney hereinabove set iorlh is still hn full force and :inti further c,erttty that Section 2 of Affi�le Vo of the By-Laws of -,parry and the Resolution Of the Board of Directors set foni ..-, Daz P&Wer of Attorney are still in Force. In te-q!imony w2h�7reof I r. unto subscribed my ri-rimv and affix-Rd the sea] of the said COMP21ny the ]i dai Ed J-t,%Rc-ij 2(X:� David A Ucwerr, Sevrelary 5en.jj rLrjhe--667 R97XI)H,`'K I 32e"W, 77 V. 0011, 2.5 PROPOSAISUMMARY TO THE CITY OF FORT WORTH: The undersigned hereby proposes to furnish the equipment, labor, materials, superintendence, and any other items or services necessary to perform emergency response services for environmental hazards, analytical, transportation, disposal, consulting, and remediation services for spill control at all facilities and locations under the control of the City of Fort Worth (City-owned properties). All Proposal Documents have been submitted in one sealed envelope. Addenda to the Request for Proposals have been received as acknowledged in Section 2.2. Unit prices are provided within the Proposal Documents in Section 2.7. PROVIDER IS REQUIRED TO RESPOND AN INCIDENT SITE WITHIN ONE HOUR OF BEING NOTIFIED. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for sixty(60) days from the date of submittal. lam" PROVIDER: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P. BY: Marc W. Walraven (Company Name) (print or type ame of sig tory) P. 0. Box 872 (Address) (Signature) Eastland, Texas 76448 Vice President of the G.P. (City, State, Zip) Title (print or type) 254/629-1718 254/629-8625 (Phone) (FAX) rT DEM 04-04:ES R MARCH 4, 2004 2-17 2.6 TECHNOLOGY DESCRIPTION This is a critical portion of the Proposal because the feasibility of the methods for completing the work must be carefully demonstrated. A description of the procedures to perform emergency response services for spills, abandoned wastes, and other environmental hazards as deemed necessary by the City, on-site analytical (hazcat), disposal of Class II Non-Hazardous Wastes, consulting, and remediation services for spill control shall be submitted with the Proposal documents. Photographs, schematic drawings and vendors' brochures should be included with the narrative description of each of the proposed work tasks. A description of the methods that will be used to conduct each of the following tasks should be included: * Methods for ensuring that the City has access to the Provider's services 24-hours per day, seven days a week; * Methods for conducting on-site hazcat analysis of wastes; * Methods for ensuring Provider has 24-hour access to the following equipment: drum moving equipment, CAT 950 front-end loader or equivalent, motorized road broom, vacuum truck, 30 or 40 yard roll-off box, 20,000 gallon frac tank, Bobcat 743 or equivalent, photo-ionization detector(PID); * General procedures used to respond to and facilitate the removal of any chemical spill or any potentially hazardous material or waste; * Methods of assisting the City in the preparation of waste profiles, manifests, and landbans to ensure compliant disposal of wastes; * Methods for deciding when to conduct remediation of waste disposal sites and how remediation (such as bio-remediation)will be done; * Methods through which transportation of hazardous and non-hazardous solid and liquid wastes will be provided; * Methods for providing sorbent products to the City on an as-needed basis (a list of sorbents and associated costs should be provided in Section 2.7 Cost Estimate); and * Any unique capabilities Provider has that could be beneficial to the City's emergency spill response program. A Provider must judge for itself the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent Proposal. No information given by the City or any representative of the City other than that contained in the Contract documents and officially promulgated addenda hereto, shall be binding upon the City. Providers submitting Proposals shall rely exclusively and solely upon their own estimates, investigation, research, tests, and other necessary data for full and complete information upon which the Proposal is to be based. It is mutually agreed that the submission of a Proposal is prima-facie evidence that the Provider has made the investigations, examinations, and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. INCLUDE A COPY OF THE TECHNOLOGY DESCRIPTION FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE. DEM04-04:ESR MARCH 4, 2004 2-18 r TECHNOLOGY DESCRIPTION CITY OF FORT WORTH EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Prepared for: City of Fort Worth Purchasing Division 1000 Throckmorton (lower level) Fort Worth, Texas 76102 - 6311 Prepared by: Eagle Construction and Environmental Services, LP P.O. Box 872 Eastland, Texas 76448 March 2004 Eagle Construction and Environmental Services, LP INTRODUCTION Eagle provides a comprehensive scope of capabilities and experience in environmental emergency response services. The company's Hazardous Materials Emergency 'Strike Teams" have earned an unequaled reputation for handling hazardous materials incidents in a safe, expedient, professional and successful manner while protecting the surrounding environment and limiting the liability of the client. Eagle has successfully managed several thousand hazardous materials incidents in the area and across the nation involving highly hazardous and toxic materials. These emergency response services have been performed by Eagle's highly trained Emergency Response Strike Team personnel and company resources in conjunction with select highly qualified subcontractors. Eagle's Emergency Response Service includes: • Oil and Chemical Spill Response • Emergency Planning/Response Audits • Compressed Gas and Liquid Product Transfer • Industrial Fire/Explosion Response • Extremely Hazardous Materials and Product Escorting • Spill Prevention Surveys • Abandoned Waste Investigation, Handling and Disposal • Reactives and Explosives Disposal, Neutralization and Stabilization • Bioremediation of several sites utilizing land farming, heap piling and in-situ technologies • Removal of both organic and inorganic compounds from contaminated water using state-of-the-art treatment technologies • Facility Decontamination to remove lead, mercury, PCBs and other Technology Description Page 2 Eagle Construction and Environmental Services, LP 000h, compounds • Free product recovery from the subsurface via recovery wells and interceptor trenches Eagle's Technology Description will address the feasibility of the methods to be utilized for completing the required work under the City of Fort Worth's Emergency Response Contract. The following technical description will demonstrate and describe the procedures Eagle will use to perform emergency response services and address the key issues referenced in Fort Worth Project No. DEM04-04:ESR. • Methods for ensuring that the City has Access to the Provider's Services 24-hours ver day, seven days a week; Eagle is a Fort Worth based operation and maintains over 80 in-house personnel at our Fort Worth facility. Being a local company, we can mobilize and respond within minutes to virtually any hazardous material incident, utilizing fully stocked support vehicles that contain all levels of protective equipment and response materials. Eagle's fleet of emergency response management vehicles include fully equipped reference libraries, electronic communications, SCBAs, respirators, air sampling equipment, HazCat kits, fully encapsulated suits, and other critical equipment required for a first response. An Eagle emergency response manager can be dispatched within 15 minutes after the client has notified either of Eagle's toll free telephone numbers which are answered 24-hours-a-day, 365-days-a- year. These toll free numbers are; 1-800-336-0909 and 1-800-725-1333. Additional personnel and equipment follow within minutes, via pre-loaded response trucks and trailers. Support materials and equipment can also be provided from company-owned, fully stocked warehouses. T Technology Description Page 3 Eagle Construction and Environmental Services, LP Eagle employs 24-hour dispatch capabilities to serve all of our clients to include the City of Fort Worth. These 24-hour dispatch capabilities include a manned dispatch receiver that answers the phones 24 hours per day/7 days per week/365 days per year. This dispatcher will take the initial response information 'to include location, nature of response and any other relevant information through Eagle's toll-free hotlines. The dispatcher will receive a call for the response at any hour of the day or night and will immediately notify the appropriate individuals as to the nature of the response as well as its severity and contact the individual. The response manager will then contact the client and initiate the response. In addition, all response personnel are equipped with company issued pagers and mobile phones as well as network radios to ensure that these individuals can be contacted at any time to facilitate a response to any type of activity. Methods for conducting on-site hazcat analysis of wastes: . In some cases, spilled product or impacted area may be contaminated with an unknown product, These instances will require the identification of the material through a Haz-Cat analysis to determine the nature of the product. The Haz-Cat analysis will be performed by a qualified individual trained in the operation of the unit. The Haz-Cat analysis will include the analysis of the product using various reagents to determine the basic characteristics of the material as well as its hazardous properties and identity. The Haz-Cat analysis will be used to characterize the waste and determine the type of response required. Eagle owns and uses Hazardous Categorization (Haz-Cat) kits on a regular basis for multiple clients in North Texas. We employ several chemists and multiple other personnel who are based in our Fort Worth terminal that are trained in the utilization of Haz-Cat analysis kits. These personnel will be available to the City of Technology Description Page 4 Eagle Construction and Environmental Services, LP 0011, Fort Worth on a 24-hour per day/365 day per year basis for the performance of this contract, if awarded. • Methods for ensuring that Provider has 24-hour access to the following equipment; drum moving equipment, CAT 950 front-end loader or equivalent, motorized road broom, vacuum truck, 30 or 40 Yard roll-off box, 20,000-gallon frac tank, Bobcat 743 or equivalent, photo-ionization detector[PID); Eagle maintains the above referenced equipment in our local Fort Worth terminal and this equipment is ready and available to the City of Fort Worth on a 24 hour per day/365 day per year basis. In addition, Eagle owns and maintains in excess of twenty million dollars of equipment for emergency response, remediation and demolition jobs. All equipment is maintained in a ready state 24 hours a day. Alm Equipment and personnel can be mobilized to all areas of our service region within moments of contact. Company wide, Eagle owns more than 100 pickup trucks, 14 vans/suburban type vehicles, 10 automobiles and one twin turbo prop air plane for mobilizing personnel and field supplies in emergency and non-emergency situations to distant locations. Additionally, Eagle owns 16 fully stocked emergency response trailers, one 45' tractor-trailer Emergency Response Van, 14 utility trailers and 3 mobile decontamination trailers. Eagle's 22 all terrain vehicles ensure access at remote locations. Eagle also owns 23 Mack tractors and various trailers for mobilizing heavy equipment and large volumes of supplies when needed. Eagle owns enclosed 40' vans, 14 cubic yard dump trucks and 20 cubic yard end dumps for transportation of contaminated materials. In addition to the above listed equipment, Eagle also owns several motorized road brooms and front-end Technology Description Page 5 Eagle Construction and Environmental Services, LP loaders (CAT 950 or equivalent), and several Bobcat 743 skid steers. Eagle also has the capability of installing mobile office units when necessary. Eagle owns office trailers that are all fully equipped with phones, fax machines, computers and furniture as well as 10 roll-off tractor trailer units and over 200 thirty to forty cubic yard roll-off boxes, 5 bobtail roll-off units, 8 vacuum trucks and 14 — 20,000 gallon frac tanks along with an array of other various size holding tanks. Eagle maintains vehicles in all locations that are dedicated for providing emergency response services. These vehicles are always stocked with the equipment listed below. Emergency Response Vehicle Inventory 1-800 mhz. Company radio 2 Drum straps 1 Cellular telephone 4 Drum speed and bung wrenches 1 Hand held company radio 4 Decon pools Reference library 8 Decon brushes 1 M.S.A. mini-guard L.E.L., 02, Co. 4 Poly 5 gallon buckets with lids 1-35 mm camera 4 Corn brooms 1 Portable generator (110/220) 4 Street brooms 1 OVM-PID 2 Pump sprayers 3 gallon 4 S.C.B.A. P.C.B. Field test kits 4 Air bottles (spare) 4 Square head shovels 8 M.S.A. Full-face Respirators 4 Spade point shovels 6 Safety glasses 2 Grain shovels 10 Ear plugs 4 Rakes 1 Emergency Eye Wash (5) gallon 2 Hoe 4 Flash lights 4 Scrapper long handle 1 First aid kit 4 Squeegee, 24" 1 Fire Extinguisher(full) 1 Sledge hammer 8 Ib. 1 Fire Extinguisher(empty) 1 Pick 1 Water cooler 1 Bolt Cutter 1 Safety can (gasoline) 1 Crow bar 1 Drum dolly 1 Come a long 10 traffic cones 1 Hammer drill 1000 Watt light bank 1 Set,Air& Nitrogen regulators 200'Water hose 1 Ventilation fan 6 Extension cords 25 Tyvec splash suits 1 50'Air hose Technology Description Page 6 Eagle Construction and Environmental Services, LP 6 Life Guard Responders (Level A)"Life 6 Drum gaskets Guard" 5 Poly drum pumps 6 Barricade Encapsulated (Level B) 4 8'x20'Sorbent Booms (Frontline) 4 8"X 50 Sorbent Booms 12 Barricade hooded coveralls (Frontline) 8 Bndls absorbent pads (100) ea. 24 P.V.C. hooded coveralls (Expendables) 4 Rolls 6 mil Poly sheeting 20'x100' 48 Saranex hooded coveralls (Kappler) 2 Boxes Trash bags 24 Latex Booties (Best) 1 Roll 6 mil drum liners 36 Neoprene gloves (Edmont) 2 Reels 1/2' rope 36 P.V.C. gloves (Edmont) 8 rolls duct tape 24 Nitrile gloves (Edmont) 6 Pkg's pH Paper 24 sample gloves (Best) 24 Sample jars 1-L Amber. 12 Cotton glove liners (Jersey) 16 Sample jars 16 oz. 12 Butyl rubber gloves (North) 50 40 ml. VOAs 6 Steel toe rubber boots 10 Disposable Bailers 30 GMC (OVAG) cartridge 4 Tedlar bags 1 Interface Probe 30 GMD (Ammonia/methylamine) cartridge 1 Hand auger 24 GMP (Pesticides, organic vapor, paint) 3 Roll Haz-Mat banner tape cartridge 30 GMC- H (OVAG-HEPA) cartridge 500 lbs. Oil-dry 1 Roll Caution banner tape 250 lbs. Soda Ash 1 Label/placard kit 20 gallon 828 4 Boxes Squincher 25 gallon Mighty Red 1 Ladder 24' 5 gallon Caustic soda 1 Diaphragm pump M2 5 gallon Muratic acid 1 Leaf blower 50 lbs. Sulfamic acid 4 Cylinders"J"Breathing Air 4 85 gallon salvage drums"steel" 1 Trauma kit 185 gallon salvage drum"Poly" 1 Decon kit 1 Funnel 1 Complete tool kit 6 Utility Knives 1 Leak repair kit/asst. Gasket material 1 17 E drum"poly" 1 5-gallon MICROBLAZE All 13 excavators (trackhoes) owned by Eagle are outfitted with both excavation and clean-out buckets. Many of our excavators are fitted for grapples, shears and/or concrete breakers owned by Eagle to facilitate derailment activities. In addition, Eagle owns Volvo 30 ton articulating dump trucks allowing large volumes of material to be moved rapidly on-site when needed. Listed below are several pieces of heavy construction and other equipment owned by Eagle. Heavy Equipment Hitachi EX300 Excavator 2 - CAT 963 Trackloader CAT 215 Excavator International 520 Front End Loader 10-Komatsu 200 Excavators International 510 Front End Loader Komatsu PC 220 Excavator CAT 926 Front End Loader Komatsu PC 300 Excavator CAT 928 Front End Loader Technology Description Page 7 Eagle Construction and Environmental Services, LP Cat D-8 Dozer 3-Vacuum Trucks - 5,880 gallon 2-CAT D6 Dozer- Grubber and Plow Vacuum Truck- 3,360 gallon CAT DSHXL Dozer Vacuum Truck- 2,500 gallon CAT DSHXL Dozer- winch Transport Truck- 5,880 gallon CAT D4H Dozer 3 20-cubic yard dump trucks International TD15C Dozer 8-14-cubic yard dump trucks John Deere 450G Dozer 2-Volvo 30 Ton Articulating Dump Trucks International 520 Forklift 200-25-cubic yard roll-off containers International IT40 Forklift 4-Roll-off Container Trucks Clarke Fork Lift 4 Equipment Haul Trucks 15 Ton Loraine Crane 4-Case 580 Extendahoe 15 Ton Gallon Crane 2-Cat 426 E;xtendahoes John Deere 570A Maintainer 8-Cat 416 Backhoes 182 Bomag Vibratory Compactor CAT 426 Backhoe CAT 563 Vibratory Compactor Case 480D Backhoe 6-Farm Tractors with tillers and plows John Deer 300B Backhoe Vacuum Truck .- 7,000 gallon 6-mobile welding units Transfer Equipment Pumps: 1"Teflon lined Corken gas compressor 2"Stainless Steel diaphragm pump 1"Polyethylene diaphragm pump 2"Polyethylene diaphragm pump 1"aluminum diaphragm pump 2"Carbon steel centrifugal pump 2"Aluminum diaphragm pump 3"Carbon steel centrifugal pump Hose: Stainless steel braided Crosslinked polyethylene Stainless steel braided/teflon lined Monel Blue flexwing - Speclar LPG/Ammonia Patch Tools and Equipment Chlorine A,B,C kits Sheet butyl rubber Edwards and Cromwell response kits Sheet PVC Plug-n-Dike powder Packing gland gasket material Aqua seal Lead Wool Petro seal Nylon ratchet straps Dome clamps Grench tool Assorted plugs 1/2"& 3/4"drive socket sets Assorted patch material 0-600 psi liquid filled S.S. gauges Gasket material Assorted pipe wrenches "0"ring gasket kit Assorted pipe tools Goretex tape Hydraulic jack Teflon tape 3/8"chain and binders Sheet teflon Wheel valve wrench Sheet neoprene Boats Technology Description Page 8 Ea g/e Construction and Environmental Services, LP 10-14'Aluminum with motor 2-18'Alumaweld with 150 hp motor Communication Equipment Alpha numeric pagers Lap top computers with modems and Cellular telephones communications software Land-line telephones Fax machines Office computers with modems and Hand held radios communication software Truck Mounted 800 mhz radios Additionally, Eagle owns numerous pieces of field analytical equipment and personal protective equipment (PPE) which is utilized on many of our projects. Eagle personnel receive extensive training in the proper use and maintenance of this equipment. Listed below are some of the field-analytical and personal protective equipment owned by Eagle. Field Analytical Equipment AOW Combustible gas monitors Hazard categorization kits Oxygen deficiency monitors Carbon monoxide monitors Photoionization detectors High pressure leak detector Pyrometer Personal air monitors pH meters Miniram Real Time Dust Monitors pH paper H2S monitors Mercury vapor analyzers Immuno-assay kits Drager air sample pumps Partisol 2000 air monitoring stations Product specific colormetric tubes Personal Protective Equipment Firefighting bunker gear Welding leather Level "A" Encapsulated suits (Responder) SCBA's (Self Contained Breathing Apparatus) Level"B" Encapsulated suits (Frontline) Spare SCBA bottles Saranex hooded coveralls Air-line escape pacs Frontline hooded coveralls Breathing air cascade pacs PVC hooded coveralls Breathing air line 14" Neoprene gloves Breathing air regulators 14"PVC gloves Full body harness 14" Nitrile gloves Full face air purifying respirators 14" Butyl rubber gloves OVAG/NEPA respirator 4 H gloves NH3/Methylamine respirator cartridges Cotton glove liners Mercury respirator cartridges Leather work gloves Pesticide/Herbicide respirator cartridges Ear plugs Lifeline Face shields Confined Space equipment Welding hood Life vests Technology Description Page 9 Eagle Construction and Environmental Services, LP /0,11, Railroad blue flags Fire extinguishers Flashlights First aid kits Decontamination kits • General Procedures used to respond to and facilitate the removal of any chemical spill or potentially hazardous material or waste: Upon the initial call for a response, the response manager will immediately contact the City of Fort Worth representative in order to obtain the appropriate response information as well as the location and severity. The response manager will then begin the acquisition of personnel and materials to initiate the response. The personnel and equipment utilized for each response will be dependent upon the spill information. The response manager will immediately proceed to the response scene to perform any pre-response activities while equipment and personnel begin mobilization. Upon arrival on site, the response manager will coordinate the initial activities through the City of Fort Worth representative and any appropriate regulatory agencies. These initial procedures will include a hazard analysis of the chemical spilled as well as the isolation of the incident from the public. All affected areas will be isolated using caution tape and barricades as well as lighted barricades in appropriate areas. The initial hazard analysis will include the review of any packing logs or Material Safety Data Sheets (MSDS) to determine the appropriate PPE and response procedure. The response manager will then initiate any remedial activities required to clean the spill to include removal and decontamination procedures. All response activities will be performed in the appropriate PPE as dictated by the response information and all waste will be containerized in the appropriate containers for analysis and disposal. All response procedures will be performed until the spill has been completely �► remediated to the satisfaction of the City of Fort Worth representative and the appropriate regulatory agency. Technology Description Page 10 Eagle Construction and Environmental Services, LP • Methods of assisting the City in the Preparation of waste profs/es, manifests, and/andbans to ensure comp/sant djsgosa/of wastes; Eagle provides disposal coordination services that include characterization, transportation and disposal of all types of waste streams, including municipal, special, non-hazardous and hazardous solid and liquid waste. Eagle maintains a staff of full time disposal coordinators dedicated to waste assessment, tracking and disposal. These disposal coordinators maintain "blanket" agreements with disposal outlets to expedite approval and disposal time. All coordinators are trained in all disposal procedures to include the completion of profile forms as well as all manifesting and Land Disposal Restriction (LDR) forms as necessary. These individuals will review the waste information with the response managers to determine the appropriate disposal outlet that is the moist cost-effective solution. The disposal coordinators will then work with the City of Fort Worth ''"" personnel to prepare the appropriate disposal documentation to include waste profiles, manifests and other appropriate information to facilitate the disposal. Manifests for waste will be prepared for each shipment that document the waste to be transported as well as the generator information and disposal outlet. All manifests will be signed by the appropriate parties to include the disposal outlet upon final disposition. In addition, Eagle will prepare all LDRs for hazardous waste that will include the same information. All disposal information will be submitted to the City of Fort Worth in the final response report. • Methods for deciding when to conduct remediation of waste and how remediation rsuch as bio-remediation) will be done; During the response activities, the response manager will work with the City of Fort Worth representative to determine the most cost effective and efficient Technology Description Page 11 Eagle Construction and Environmental Services, LP manner to perform the response activities. These methods will include gross removal, on site bioremediation, neutralization or a host of different technological methodologies. These methods will be dependent upon the material spilled as well as feasibility and regulatory approval. The response manager will discuss the various options for remediation with the City of Fort Worth representative as well as the costs associated with each task. The response manager and the City of Fort Worth representative will then determine the methodology to be performed and will implement the procedures. The methodology to be performed will be implemented in accordance with all regulatory guidelines with the complete remediation of the waste as the end goal. Bioremediation/neutralization will include the application of microbial and other agents to effectively remove, or render non-hazardous, the contaminants from the impacted media and render the material "clean" by regulatory standards. All work performed will be documented by the response manager and a final report narrating the site activities as well as remediation goals achieved will be prepared and submitted to the City of Fort Worth. • Methods through which transportation of hazardous and non- hazardous solid and liduid wastes will be provided: Eagle owns and maintains a fleet of heavy equipment to include tractor-trailer and bobtail roll-off trucks, dump trucks and vacuum trucks as well as supersucker trucks, drum trucks and other related equipment. Once a waste material is approved for disposal, Eagle will utilize company owned assets in the form of roll-off trucks, trailers, dump trucks, drum trucks and other related transportation equipment to transport the waste for disposal. These units will be dispatched to the appropriate location and all waste will then be loaded and transported for disposal. Furthermore, hazardous waste shipments will include all appropriate placarding for hazard class and UN identification numbers for the transported waste stream. Technology Description Page 12 Eagle Construction and Environmental Services, LP • Methods for providin4 sorbent products to the city on an as-needed basis (a list of sorbents and associated costs is provided in Section 2.7 Cost Estimate Eagle maintains a large inventory of supplies and consumables required for emergency response. A rigorous inventory system ensures that all needed materials are in stock in an appropriate quantity. These products include sorbent products and other materials required for all types of responses. These materials are kept on stock at all times in order to allow the response managers to access that any time without the possibility of not acquiring the appropriate materials. This stock of items is maintained and inventoried on a regular basis to ensure that ample amounts of materials are on-hand at all times. Inventories of 1 the materials include the calculation of the materials and comparison to minimum J quantity standards developed by Eagle in order to acquire more materials as needed. Listed below are just a few of the supplies that Eagle maintains for emergency situations. Stock Materials Acid, Hydrochloric Absorbent, Sweep Acid, Muratic Bags; (Haz-Mat) 6 mil Acid, Sulfamic (50 Ib. Bags) Boxes, D.O.T. shipping AFFF Firefighting Foam Brush, Decon 828-Heavy duty cleaner Buckets, Metal open top 5 gallon Calcium Chloride Buckets, Poly open top 5 gallon Lime, 50 Ib. Bags Brooms, Corn Mighty Red heavy duty cleaner Soda Ash, 50 Ib. Bags Brooms, Street Sodium Hydroxide Drums, 15 Gallon open steel Sodium Hypochlorite Drums, 15 Gallon open poly Absorbent, Fiberpearl Drums, 16 Gallon closed poly Absorbent, All purpose (granular) Drums, 30 Gallon closed poly Absorbent, Dri-Sorb (high BTU) Drums, 30 Gallon open poly Absorbent, Sawdust Drums, 55 Gallon 17E closed steel Absorbent, Boom Drums, 55 Gallon 17E closed poly Absorbent, Pads Drums, 55 Gallon 17H open steel Technology Description Page 13 Eagle Construction and Environmental Services, LP Drums, 55 Gallon open poly Poly syphon pumps Drums, 85 Gallon salvage steel Scotchbrite pads Drums, 85 Gallon salvage poly Spray Adhesive Decon pools Tape, Duct Filters, Carbon bed Tape, Haz-Mat banner Mop Heads Trash Bags pH sticks Wipes, Disposable Plastic Sheeting 6 mil 20X 100 ft. Tubes, Colliwassa • Unidue cavabilities Provider has that could be beneficial to the City's emeruencv svill response program; i In addition to being a locally based company, Eagle is the largest environmental remediation company in Texas. We maintain a vast inventory of equipment in-house such as vacuum trucks, supersucker air-movers and other specialty locally that can be used to assist the City of Fort Worth in any environmental situation. We maintain a Consulting/Technical Services Division and a OSHA/HAZMAT Training Division in-house, as well as personnel that specialize in Industrial Hygiene and Health and Safety. Eagle's in-house, full-service capabilities can assist the City of Fort Worth in eliminating multiple contracts while improving the cost and time efficiency associated with handling the City's environmental issues. In addition, Eagle has specialized emergency response capabilities for handling potentially reactive and explosive chemicals (such as ether peroxides and picric acids), surplus and off-spec explosives, ordnance and cylinders. Eagle's R.E.D (Reactives Explosives Disposal) Team is headed by Army trained Explosive Ordnance Disposal (EOD) specialists and is equipped to handle a wide variety of explosive risk materials. Specialized R.E.D Team equipment resources include remote-opening devices, blast shields, armored suits, transport containers and blast trailers. In addition, Eagle owns a RAPID 7200 system for identification of anthrax and multiple AW other biological agents. Along with the RAPID 7200 system, we also maintain a BTA test kit for a more rapid identification of biological agents in the field. Technology Description Page 14 A 2.7 COST ESTIMATE Providers should provide a price estimate for each task of each technology method proposed for this project. At least those tasks shown in the following list should be included. The Provider may wish to include additional tasks as appropriate depending on the complexity of the technology proposed. A cost estimate for each task associated with a subcontractor should be provided. NO COMPENSATION SHALL BE PAID to the Provider for the cost of obtaining and maintaining insurance, bonds, licenses, and certificates as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Proposal. COMPLETE THE FOLLOWING TABLES AND ATTACH A LIST OF SORBENT PRODUCTS AND ASSOCIATED PRICES SORBENT PRODUCTS MUST INCLUDE AT A MINIMUM THE FOLLOWING: OIL PADS, OIL BOOMS AND SOCKS, UNIVERSAL PADS, UNIVERSAL BOOMS AND SOCKS, UNIVERSAL SPILL KITS,AND BIODEGRADABLE SORBENTS DEMU4-0-1:ES R MARCH 4, 2004 2-19 Add additional sheets as necessary.All categories may not be required for completion of this contract Be sure to indicate a description of the type of supervisor,technician,etc. LABOR TYPE PRICE/HOUR Principal 50.00 Manager 50.00 Supervisor 75.00 Supervisor Supervisor Site Safety Officer 30.00 Certified industrial Hygienist(CII Scientist Chemist 40.00 Scientist Geologist 65.00 Scientist Hydrologist 40.00 Scientist Biologist 45.00 Engineer 40.00 Technician Emergency 50.00 Re ns Technician Technician Equipment 50.00 Operator Technician Truck 50.00 Driver Specialist Specialist Clerical Other Holiday Pay Two (2) x Listed Hourly Rate Overtime(indicate days and hours 1.5 X Listed ovwdm•will be chargeW Rate Markup Outside Services C + 1 Laboratory Services, Disposal, Materials Not Listed Herein DEM04-04:ES R MARCH 4,2004 2-20 PPE TyRe Price I Unit Booties Saranex / Latex 3.00 each Boots Acid Resistant 38.73 each Boots Rubber Steel Toed 10.72 each Overshoes Latex 4.00 pair Gloves Brown Jersey Cotton 2.00 pair Gloves Neox, 14" 6.71 pair Gloves Nitrile 3.00 pair Gloves Petroflex 2.25 pair Gloves Leather 6.94 pair Gloves Sample 2.00 pair Gloves Butyl 30.00 pair Glove Liners Cotton 0.48 pair Level ON Sud Kappler Responder 690.00 each Level'X Sud Level'M Sud Level'X Sud Level"B'Suit Kappler CPF N 185.00 each Level"B"Suit Kappler CPE III 175.00 each Level W Sud Level'C*Sud Level TO Suit Splash Suit 520.00 each Saranex Suit 24.00 each Tyvek Suit 14.00 each DEM04-04:FS R MARCH 4,2004 2-21 I Absorbent clay 6.50/bag Absorbent OR Boom 8" x 10" (4/bdl 1 92.00/bdl Absorbent 01 Pad 18" x 18" (100/ ) 36.00/bdl Absorbent vermiculite 18.00/bag Absorbent Oil Snare 7.50/box Absorbent Dri-Sorb 18.00/bag Absorbent Wipes 8.50/bdl Lime 50 lb.Bag 8.43/ba Sodium Hypochlorite Gallon 2.83/gal AFFF Drum 2,835.00 each AFFF 5 gallon pal 285.00 each Decon Supplies Brush 4.45 each Decon Supplies Pails 7.95 each Decon Supplies Pools 6.46 each Decon Supplies Plastic Sheeling 3 mil - 20' x 100' 75.00/roll Plastic Sheeting 6 mil - 20' x 100' 120.00/roll Plastic Sheeting Pump 2" Trash 75.00/dap Pump Submersible 75.00/day Pump 3" Centrifugal 125.00/day Samplers colwasa Samples Samplers Other Duct Tape 7.00/roll Caution Tape 10.00/roll DEN04-04:ES R MARCH 4, 2004 2-22 Containers TyRe Prig2l Unit Bucket DOT/plastic - 5 Gallon 12.00 each Bucket DOT/Metal - 3 Gallon 18.00 each Bucket Drum 1A1 48.00 each Drum 1H1 48.00 each Drum Poty salvage - 85 Gallon 209.00 each or Faual Drum Steel salvage- 85 Gallon 175.00 each Drum 55 Gallon Steel Open Top 55.00 each Drum 55 Gallon Poly Open Top 71.20 each Drum 40.50 each Drum 65.00 each Boxes 1 CY HAZMAT 149.80 each Boxes Rog off 20-40 CY w/Tarp 16.00/day Rog off Liner 20.00 each Bags 6-Mil 2.50 each DEM04-04:ESR MARCH 4,2004 2-23 Monitor Equipment Type Price/Unit PID 40.oo/day PID Oxygen Meter 30.00/day OVA FID 100.00/day OVA Explosimeter 30.00/day Tritector T umi dor 40.o0/day Multiple Gas Detector 40.00/day Detector Tubes Drager 12.00 each pH Meter 15.00/day pH Paper 12.00/pkg HazCat Anaylsis 40.00/test DO Meter 20.00/day Sub-surface Soil Sampler Slim Tube 14.00/day RAPID 7200 RADID 7200 960.00/sample BTA 236.00/day BTA Test Strip 60.00 each BTA Sample Kit 40.00/day DFM04-04:ES R MARCH 4, 2004 2-24 MOWS Equipmeat TYRO Price/Unit Emergency Response Vehicle 5.00/hour Mleage 0.50/mile Crew Truck 5.00/hour Mleage 0.50/mile Utility Vehicle 4.50/hour Mhge 0.50/mile Trader 5.88/hour Trailer 4.00/hour Vacuum Truck 55.00/hour Bobcat 33.00/hour Backhoe/Loader 42.00/hour Excavator 75.00/hour ' Rubber Tire Loader 50.00/hour Tractor 35.00/hour Tractor Tiler 8.75/hour Motorized Street Sweeper 38.00/hour Roll-Off Truck Bobtail or Tractor Trailer Ri 55.00/hour Dump Truck 20 CY 35.00/hour DE1M04-04:ESR MARCH 4,2004 2-25 ` Material Typt Price I Unit Compressor 185 CFM 14.00/hour Compressor 100 CFM 12.00/hour Pump Pump Pump Pump Pump Pump Pump Pump Boat 10-12 FT Work 125.00/day Boat 14-16 FT Work 150.00/day Boat 16-18 FT Work 400.00/day Boat 16-18 FT Fast Response 225.00/day Broom Street 12.53 each Broom Corn 6.87 each Boom 10" Containment 1.10/ft/day Boom 18" Containment 1.50/€t/day Boom 24" Containment 1.90/ft/day Stammer Saucer 210.00/day Slammer Mini Skimmer 250.00/day DEM04-04:ESR MARCH 4,2004 2-26 Blower Gas Backpack 2.00/hour Blower Auger 2-Man Hand Held 2.00/hour Auger Generator 4 KW 15.00/hour Drum de-header Pneumatic 125.00/day Lights Explosion Proof 12.00/dap Light plant Trailer 25.00/day Post hole digger 2.04/hour Pressure washer 3000 psi 180.00/day Pressure washer 10,000 psi 600.00/day Reactive chemical carrier 40.00/use Remote drilling apparatus 140.00/use Fire suit 300.00/dap Non-sparking tool Idt 20.00/day Vacuum BEPA 48.19/day Vacuum Mercury 90.00/day Vacuum DEM04-04:ESR MARCH 4,2004 2-27 PIMP 2" SS Diaphram 210.00/day BOOf° Mini 0.75/ft/day Universal Pads 4" x 13" 96.00/50 Court Universal Boom 3" x 12" 32.00 each Universal Spill Kit 66.00 each Biodegradable Sorbent 28.00/bag Oil Socks 8" x 10' (4/bdl) 92.00/bdl Rain Slicker 49.50 each Barrel Syphon 32.50 each Degreaser/ Surfactant 18.00/gal Universal Sock 3" x 10" 32.00 each look.. DEM04-04:ESR MARCH 4,2004 2-28 2.8 QUALIFICATIONS IFICATIONS OF THE PROVIDER Provider shall identify its company name, address, telephone number(s), and FAX number(s)for the local office as well as the headquarters. Provider shall attach a copy of its current Statement of Qualifications. If subcontractors are to be utilized for services to be provided, current Statements of Qualifications for those companies must also be included. Provider shall submit a Pre-Audit Package for each Class II or Grease Trap Waste Disposal subcontractor to be used under this Contract. Al disposal firms must complete a pre-audit screening checklist and include it as a submittal under this section. Pre- Audits must be less than six(6) months old. NOTE: If the waste is either Hazardous or Class I Non-Hazardous Waste, the Provider shall contact the City to make arrangements for disposal through the hazardous waste disposal company under separate contract with the City. Provider shall submit a brief resume (one page maximum, 10 pt type minimum) of each professional person who will be assigned to this contract. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. Document Provider's experience with emergency response, emphasizing experience working for any municipality. If applicable, photographs, schematic drawings, and vendors' brochures should be included with a narrative description. A copy of the Provider's Health and Safety program must be submitted as Provider's Qualifications Document 2.15. INCLUDE A COPY OF THE QUALIFICATIONS AND THE PRE-AUDIT SCREENING FORMS FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE DEM04-04:ES R MARCH 4, 2004 2-29 I EMERGENCY RESPONSE CAPABILITIES & EXPERIENCE Prepared for: City of Fort Worth Purchasing Division 1000 Throckmorton (lower level) Fort Worth, Texas 76102 - 6311 poll Prepared by: Eagle Construction and Environmental Services, LP P.O. Box 872 Eastland, Texas 76448 March 2004 Eagle Construction and Environmental Services, LP Table of Contents Company Overview Section I Emergency Response & Remediation Capabilities Section 2 Equipment and Materials Section 3 Major Incident Management System Section 4 Quality Assurance/Quality Control Section 5 Appendices Example ER Report Appendix A Representative Projects Appendix B Resumes Appendix C Corporate SOQ/Brochure Appendix D Pre-Audit Checklists Appendix E Generic Site Specific Health & Safety Plan Appendix F E Eagle Construction and Environmental Services, LP F I SECTION 1: COMPANY OVERVIEW Eagle Construction & Environmental Services, L.P. Fort Worth Terminal 9204 Highway 287 N.W. Fort Worth, Texas 76131 (800)336-09091 -24-Hour Emergency Response Dispatch (817) 847-1333 -Phone (817)306-8086 - Fax Eagle Construction & Environmental Services, L.P. Corporate Office 9701 East Interstate 20 Eastland, Texas 76484 (254) 629-1718— Phone (254) 629-8625—Fax Eagle Construction and Environmental Services, LP (Eagle) is a professional, multidisciplined firm that provides advanced environmental emergency response, remediation, construction and demolition activities, as well as technical and training services. Eagle provides its clients with the best resources and most practical technologies available for the remediation, disposal, restoration and management of environmental issues. The Company Eagle, based in Texas, was founded in 1981 by company President and Chief Executive Officer Joe L. Walraven. Our company began as a commercial construction company serving the West Texas Region and procured a variety of Emergency Response capabilities&Experience Page 3 Eagle construction and Environmental Services, LP heavy equipment to meet varying project needs and demands. Recently, Eagle has been recognized by the Small Business Administration as a HUBZone business. Our services have expanded rapidly because the company recognized that the new and ever changing environmental regulations would have a significant effect on all industrial activities well into the next century. As a full-service environmental contractor, we specialize in emergency response, environmental construction, remediation, transportation of various waste streams, technical services, health and safety training and industrial hygiene services. Eagle provides turnkey services for a variety of projects. The company's permanent staff of more than 325 employees includes highly motivated professionals who specialize in various fields, such as emergency response, remedial investigations, waste management, remedial design, remedial action implementation, project management, and closure document preparation. Eagle's professional staff has extensive experience related directly to the environmental field. The education and technical training of Eagle personnel covers the full range of environmental disciplines and assures our customers thorough consideration of all critical environmental aspects key to each project. Today, Eagle offers quality emergency response services nationwide and has expanded planned remediation operations to include Texas and the bordering states (Louisiana, Arkansas, Oklahoma), as well as Ohio and South Carolina. The company's corporate headquarters is located in Eastland, Texas with district offices in La, Porte (Houston), Fort Worth, and San Antonio, Texas; Gonzales, Louisiana; Little Rock, Arkansas; Findlay, Ohio and Aiken, South Carolina. In addition to the professional services, each office maintains a competent support staff which includes field supervisors and technicians, and the equipment and Emergency Response Capabilities&Experience Page 4 Eagle Construction and Environmental Services, LP supplies needed to complete a variety of planned projects as well as respond to emergency situations. Eagle's offices are strategically located so that our Remediation and Hazardous Materials Strike Teams are prepared to respond to incidents within the immediate office area within an hour and any areas of the southern area of the country in a timely manner. Eagle has engaged several professional companies across the nation to assist in responding to emergency situations. Eagle has 186 qualified team members covering 49 states and Puerto Rico that can be called on 24 hours a day to assist when needed. Over the past 25 years, Eagle has developed into the leading full service environmental service contractor in Texas. Company assets exceed $20 million and include heavy remediation and construction equipment, emergency response equipment, personal protective equipment, boats and a large fleet of vehicles for transporting a variety of waste streams, as well as a turbo prop jet airplane for rapid deployment of personnel. In addition, Eagle provides design and remedial services to the private sector, as well as numerous municipalities and agencies in local, state and federal government. The following is a partial list of municipalities (and contacts) with which Eagle maintains current contracts and performs frequent emergency response work: City of Irving P.O. Box 152288 Irving, Texas 75015 Terry Rogers (214) 721-2248 f Emergency Response Capabilities& Experience Page 5 Eagle Construction and Environmental Services, LP MEMNON City of Garland 200 N. 5"' Street— 2"d Floor Garland, Texas 75040 Gary Holcomb (972) 205-2427 San Antonio — City Public Service 145 Navarro San Antonio, Texas 78205 Dorris Cooksey (210) 353-2077 City of Houston 2636 S. Loop West, Suite 400 Houston, Texas 77054 Sgt. Mike Walsh (713) 218-5723 City of San Antonio - Environmental Services Department 1920 GrandStand San Antonio,Tx 78238 John Cantu (210) 207-6450 Because of the company's vast experience with so many sectors of the community, we can offer a wealth of knowledge to our clients. Eagle understands the needs of its clients and we tailor all designs and services to meet those needs. Eagle utilizes state-of-the-art technologies and computer software to plan and develop all remedial services. A rigid QA/QC policy provides the proper control through all phases of project design and field activities. Eagle employees continually strive to stay abreast of changes and improvements in their specialized fields and offer innovative proposals for today's environmental technology and remediation challenges. In addition, we maintain a comprehensive portfolio of insurance coverages, including Contractors Pollution Liability, MSC 90 for hazardous waste transportation, Professional Liability, General Liability, Workers'Compensation, Automobile and other coverages. Emergency Response Capabilities&Experience Page 6 Eagle Construction and Environmental Services, LP 00., Company Objectives Eagle's first priority is to provide quality, expense-controlled services and solutions to meet each client's budget and scheduling needs. We are committed to developing new and innovative approaches to successfully complete all projects by applying state-of-the-art technology to achieve full compliance with all applicable regulatory requirements and standards while seeking the most cost-effective solutions for our clients. Resources Over the past 25 years Eagle has expanded its resources, capabilities and technologies to become the premier and only full service environmental contractor in Texas and surrounding states. Eagle provides a unique combination of resources to effectively address the environmental issues faced by industry, business and government today. These resources include an experienced staff supported by state-of-the-art technical facilities and equipment. In order to provide our clients with the most up to date technologies in environmental management, we maintain on-going research into developing environmental issues. This includes current computer databases for regulatory tracking and access to federal, state and local environmental regulations and records. Additionally, Eagle has in place an extensive nationwide network of prequalified subcontractors for support services including emergency response, transportation and disposal. To assure unbiased, objective testing data during the development and execution of each project, we utilize only qualified independent laboratories for analytical support. Emergency Response Capabilities&Experience Page 7 Eagle Construction and Environmental Services, LP SECTION 2: Emergency Response & Remediation Eagle provides emergency/spill response services to numerous municipalities, agencies and private sector clients. Our experience with such a broad specrum of clients allows us to provide this service in a cost effective, timely and safe manner. The company's Hazardous Materials Emergency "Strike Teams" have earned an unequaled reputation for handling hazardous materials incidents in a safe, professional and successful manner while protecting the surrounding environment and limiting the liability of the client. Eagle has successfully managed several thousand hazardous materials incidents in the area and across the nation involving highly hazardous and toxic materials. These emergency response services have been provided by Eagle's highly trained Emergency Response Strike Team personnel and company resources in conjunction with select highly qualified subcontractors. Eagle has specialized emergency response capabilities for handling potentially reactive and explosive chemicals (such as ether peroxides and picric acids), surplus and off-spec explosives, ordnance and cylinders. Eagle's R.E.D (Reactives Explosives Disposal) Team is headed by Army trained Explosive Ordnance Disposal (EOD) specialists and is equipped to handle a wide variety of explosive risk materials. Specialized R.E.D Team equipment resources include remote opening devices, blast shields, armored suits, transport containers and blast trailers. Emergency Response Services provided by Eagle includes: • Oil and Chemical Spill Response • Emergency Planning/Response Audits • Compressed Gas and Liquid Product Transfer Emergency Response capabilities&Experience Page 8 Eagle Construction and Environmental Services,, LP Industrial Fire/Explosion Response • Extremely Hazardous Materials and Product Escorting • Spill Prevention Surveys • Abandoned Waste Investigation, Handling and Disposal • Reactives and Explosives Disposal, Neutralization and Stabilization • Bioremediation of several sites utilizing land farming, heap piling and in-situ technologies • Removal of both organic and inorganic compounds from contaminated water using state-of-the-art treatment technologies • Facility Decontamination to remove lead, mercury, PCBs and other compounds • Free product recovery from the subsurface via recovery wells and interceptor trenches Eagle can mobilize and respond within minutes to virtually any incident within the City of Fort Worth utilizing fully-stocked support vehicles that contain all levels of protective equipment and response materials. Eagle's fleet of emergency response management vehicles include fully equipped reference libraries, electronic communications, SCBAs, respirators, air sampling equipment, HazCat kits, fully encapsulated suits, and other critical equipment required for a first response. An Eagle emergency response manager can be dispatched within 15 minutes after the client has notified either of Eagle's toll free telephone numbers which are answered 24-hours-a-day. Additional personnel and equipment follow within minutes, via pre-loaded response trucks and trailers. Support materials and equipment can also be provided from company-owned, fully stocked warehouses. Eagle applies advanced spill, leak and fire control measures to minimize the Emergency Response Capabilities&Experience Page 9 Eagle Construction and Environmental Services, LP impact of fires, accidents, catastrophes and emergencies in applications ranging from petrochemical plants to industrial facilities to truck and rail transportation. Also, strike team members can control spills, leaks, and fires from drums, compressed gas cylinders, tanks and intermodal containers. This includes performing hot or cold tapping to permit egress from containers and vessels when the normal valves and plumbing are damaged or inaccessible. In addition to providing Emergency Response Services, Eagle has extensive capabilities and experience in remediation of contaminated and environmentally impaired sites, as well as clean-up, handling and disposal of hazardous materials. Eagle has the ability to provide an integrated approach to environmental management and handles all project phases from investigation through design to final clean-up. Eagle's Remediation and Construction Services include: '` • Pond Closures and Capping • Roll-Off Boxes, Frac Tanks and Poly Tank Rentals • Vacuum Truck Service • Hazardous/Nonhazardous Waste Stabilization Technologies • UST Decommissioning and AST Installations • Waste Water Treatment • Solid and Liquid Hazardous/Nonhazardous Waste Transportation and Disposal • Sludge Removal and Solidification • Landfill Construction and Closure • Demolition • Hazardous Materials Remediation • Post Disaster Decontamination, Restoration and Demolition Emergency Response Capabilities&Experience Page 10 Eagle Construction and Environmental Services, LP Bioremediation • Aquifer Restoration • Facility/Site Closure • Oil Spill Cleanup and Refinery Services • Asbestos Management • Chemical Lab Packing and Disposal • Post-Closure Monitoring and Maintenance • Explosives Disposal and Demolition Eagle personnel design, construct and operate complete treatment systems for remediation of environmental contaminants. Remediation project experience has encompassed successful application of a wide variety of advanced treatment technologies, including stabilization, neutralization, oxidation, vapor extraction, chemical precipitation, dewatering, thermal desorption, solidification, bioremediation, capping and removal. Contaminants successfully treated by Eagle include metals (Arsenic, Barium, Cadmium, Lead, Nickel, Selenium and Zinc), Polychlorinated Biphenyls, Pentachlorophenols, pesticides, and various other inorganic and organic chemicals. Eagle's bioremediation capabilities include both off site or on-site treatment utilizing land farming, wind row, heap pile and other technologies. Eagle has successfully bioremediated gasoline, diesel, jet fuel, hydraulic oils, motor oils and waste oils to non-detectable levels. Eagle designed, permitted and operated the first bioremediation facility in the state of Texas for the U.S. Air Force under Texas Administrative Code regulations at Dyess Air Force Base in Abilene, Texas. Over 10,000 cubic yards of impacted soils were treated to non-detect levels as well as bioremediating approximately 12,000 cubic yards of soil impacted with creosote at a newly designed and constructed remediation facility in Houston. Emergency Response Capabilities& Experience Page 11 Eagle Construction and Environmental Services, LP Bioremediation offers the ideal solution to remediation of petroleum contaminants as opposed to disposal by landfills, incineration and other technologies resulting in reduced liability to the generator. Eagle also maintains a Technical Services Division which specializes in environmental and industrial hygiene consulting and testing services supporting all environmental projects. Eagle's professional staff includes experienced geologists, chemists, biologists and scientists. Eagle's Professional Technical Services include: • Environmental Audits • Risk Assessments • Site Investigations • Remedial Investigation/Feasibility Studies (RIFS) • Remedial Action Plans (RAPs) Remedial Design • Remedial Action Management • RCRA Facility Investigation (RFIs) • Regulatory Compliance and Permitting • Facility Operations Consulting • Contingency/Pollution Prevention Audits and Plans • Oil Pollution Act '90 Audits and Plans • Industrial Hygiene and Safety • Hydrogeological Consultation and Investigations • Special Resources (Wetlands, Endangered Species) Permitting • Computer Modeling Emergency Response capabilities&Experience Page 12 Eagle Construction and Environmental Services, LP A011 Eagle's professional services can be provided independently of or integrated with the company's remediation services. The integrated approach to management of environmental issues is increasingly desired by clients who today are seeking more "end-result" oriented solutions. Eagle employs a staff of full-time personnel who specialize in waste characterization, waste tracking and disposal coordination. In addition, we maintain a fleet of heavy equipment to include roll-off trucks and trailers, 20- cubic yard dump trucks, drum trucks and other related equipment dedicated to the support of our Emergency Response and Remediation Services. These personnel streamline the characterization, transportation and disposal of all types of waste streams to include municipal, special, hazardous and non-hazardous solid and liquid waste by maintaining "blanket" agreements with disposal facilities. All coordinators are trained in all disposal procedures to include the 101 completion of profile forms as well as all manifesting and Land Disposal Restriction (LDR) forms as necessary. All Eagle employees dispatched to emergency responses are certified to have received 40 hours of Hazardous Waste Operations training in accordance with 29 CFR 1910.120 Sections B-0, plus additional training in accordance with 29 CFR 1910.120 Section Q 6 (iii) Emergency Response through the Technician Level. In addition, our Response Supervisors receive an additional 16 hours of Incident Command Training in accordance with 29 CFR 1910.120 Section Q 6 (v). These employees have identification cards on their person to verify training. All master certificates and validation for each employee's training are on file at Eagle's Corporate offices located at 9701 I-20 East in Eastland, Texas. Emergency Response Capabilities& Experience Page 13 Eagle Construction and Environmental Services, LP Eagle maintains on-going training and education of its personnel to ensure that the latest techniques and regulations affecting the industry are incorporated into our services. Personnel attend regular in-house training sessions, EPA sponsored courses and other respected environmental, industrial hygiene and safety training programs from major university environmental training centers. All project personnel are required, at a minimum, to complete 40 hours of Eagle in- house or approved training conforming to the requirements of 29 CFR 1910.120 Section E. Emergency Response project staff receive an additional 24 hours of training conforming to the requirements of 29 CFR 1910.120 Section Q. Additional training is provided for specialized staff as required, including Confined Space Entry and Rescue. Eagle personnel participate in a Company sponsored, medical surveillance program that complies fully with 29 CFR 1910.120 (f). Initial employment and annual physicals are required and a substance abuse program is in place which requires initial pre-employment and random testing. Eagle believes that providing equal opportunities to all individuals is essential. `` We employ the best qualified personnel and provides equal opportunities in a manner which will not discriminate against any person based on race, color, religion, sex, age, national origin, handicap, or veteran status. A copy of the Company's Equal Employment Opportunity Policy Statement is available upon request. Eagle and its staff members maintain numerous affiliations, associations and certifications with respected industry associations, including: • American Industrial Hygiene Association • American Professional Geologist • American Society of Safety Engineers • Arkansas Licensed Contractor • Arizona Licensed Contractor Emergency Response Capabilities&Experience Page 14 Eagle Construction and Environmental Services, LP i • Association of Groundwater Scientists • Chemical Manufacturing Association (ChemNet Certification) • Local Emergency Planning Committees • Louisiana Licensed Contractor • Louisiana D.E.Q. UST License • National Safety Council • New Mexico Licensed Contractor • Society of Petroleum Engineers • Society of Texas Environmental Professionals • Texas Bar Association - Environmental Section • Texas Bioremediation Council • Texas Hazardous Materials Managers Association • Texas Motor Transport Association • Texas Underground Storage Tank Contractors • Buffalo Bayou Chapter of the Academy of Certified Hazardous Materials Managers • Industry (Association of Environmental, Petrochemical and Petroleum Industrial Markets) Emergency Response Capabilities& Experience Page 15 Eagle Construction and Environmental Services, LP SECTION 3: EQUIPMENT AND MATERIALS Eagle owns and maintains in excess of twenty million dollars worth of equipment for remediation and demolition jobs. All equipment is maintained in a ready state 24 hours a day. Equipment and personnel can be mobilized to all areas of our service region with in moments of contact. Personnel and field supplies can be rapidly mobilized to distant locations where other team members are providing support via our company owned airplane. Company wide, Eagle owns more than 100 pickup trucks, 14 vans/suburban type vehicles, 10 automobiles and one twin turbo prop air plane for mobilizing personnel and field supplies in emergency and non-emergency situations to distant locations. Additionally, Eagle owns 16 fully stocked emergency response trailers, one 45' tractor trailer Emergency Response Van, 14 utility trailers and 3 mobile decontamination trailers. Eagle's 22 all terrain vehicles ensure access at remote locations. Eagle also owns 23 Mack tractors and various trailers for mobilizing heavy equipment and large volumes of supplies when needed. Eagle owns enclosed 40' vans, 14 cubic yard dump trucks and 20 cubic yard end dumps for transportation of contaminated materials. Eagle also has the capability of installing mobile office units when necessary. Eagle owns office trailers that are all fully equipped with phones, fax machines, computers and furniture. Eagle also owns 10 roll-off tractor trailer units and over 200 roll-off boxes, 5 bobtail roll-off units, 8 vacuum trucks and 14 frac tanks along with an array of other various size holding tanks. Eagle maintains vehicles in our Ft. Worth, Houston, San Antonio, and Eastland, Texas offices as well as our Gonzales, Louisiana and Little Rock, Arkansas Emergency Response Capabilities&Experience Page 16 Eagle Construction and Environmental Services, LP location, which are dedicated for providing emergency response services. These vehicles are always stocked with the equipment listed below. Emergency Response Vehicle Inventory 1-800 mhz. Company radio 1 Come a long 1 Cellular telephone 1 Hammer drill 1 Hand held company radio 1 Set, Air & Nitrogen regulators Reference library 1 Ventilation fan 1 M.S.A. mini-guard L.E.L., 02, Co. 25 Tyvec splash suits 1-35 mm camera 6 Life Guard Responders (Level A)"Life 1 Portable generator(110/220) Guard" 1 OVM-PID 6 Barricade Encapsulated (Level B) 4 S.C.B.A. (Frontline) 4 Air bottles (spare) 12 Barricade hooded coveralls (Frontline) 8 M.S.A. Full-face Respirators 24 P.V.C. hooded coveralls (Expendables) 6 Safety glasses 48 Saranex hooded coveralls (Kappler) 10 Ear plugs 24 Latex Booties (Best) 1 Emergency Eye Wash (5) gallon 36 Neoprene gloves (Edmont) 4 Flash lights 36 P.V.C. gloves (Edmont) 1 First aid kit 24 Nitrile gloves (Edmont) 1 Fire Extinguisher (full) 24 sample gloves (Best) 1 Fire Extinguisher (empty) 12 Cotton glove liners (Jersey) 1 Water cooler 12 Butyl rubber gloves (North) 1 Safety can (gasoline) 6 Steel toe rubber boots 1 Drum dolly 30 GMC (OVAG) cartridge 10 traffic cones 30 GMC - H (OVAG-HEPA) cartridge 1000 Watt light bank 30 GMD (Ammonia/methylamine) cartridge 200'Water hose 24 GMP (Pesticides, organic vapor, paint) 6 Extension cords cartridge 1 50'Air hose 500 lbs. Oil-dry 2 Drum straps 250 lbs. Soda Ash 4 Drum speed and bung wrenches 20 gallon 828 4 Decon pools 25 gallon Mighty Red 8 Decon brushes 5 gallon Caustic soda 4 Poly 5 gallon buckets with lids 5 gallon Muratic acid 4 Corn brooms 50 lbs. Sulfamic acid 4 Street brooms 4 85 gallon salvage drums"steel" 2 Pump sprayers 3 gallon 1 85 gallon salvage drum "Poly" P.C.B. Field test kits 1 Funnel 4 Square head shovels 6 Utility Knives 4 Spade point shovels 1 17 E drum "poly" 2 Grain shovels 6 Drum gaskets 4 Rakes 5 Poly drum pumps 2 Hoe 4 8'x20' Sorbent Booms 4 Scrapper long handle 4 8"X 50 Sorbent Booms 4 Squeegee, 24" 8 Bndls absorbent pads (100) ea. 1 Sledge hammer 8 Ib. 4 Rolls 6 mil Poly sheeting 20'x100' 1 Pick 2 Boxes Trash bags 1 Bolt Cutter 1 Roll 6 mil drum liners +t 1 Crow bar 2 Reels 1/2' rope Emergency Response Capabilities&Experience Page 17 Eagle Construction and Environmental Services, LP 8 rolls duct tape 1 Label/placard kit 6 Pkg's pH Paper 4 Boxes Squincher 24 Sample jars 1-L Amber. 1 Ladder 24' 16 Sample jars 16 oz. 1 Diaphragm pump M2 50 40 ml. VOAs 1 Leaf blower 10 Disposable Bailers 4 Cylinders"J"Breathing Air 4 Tedlar bags 1 Trauma kit 1 Interface Probe 1 Decon kit 1 Hand auger 1 Complete tool kit 3 Roll Haz-Mat banner tape 1 Leak repair kit/asst. Gasket material 1 5-gallon MICROBLAZE 1 Roll Caution banner tape All 13 excavators (trackhoes) owned by Eagle are outfitted with both excavation and clean-out buckets. Many of our excavators are fitted for grapples, shears and/or concrete breakers owned by Eagle to facilitate derailment activities. In addition, Eagle owns Volvo 30 ton articulating dump trucks allowing large volumes of material to be moved rapidly on-site when needed. Listed below are several pieces of heavy construction and other equipment owned by Eagle. Additional equipment, such as scrapers and pugmills, are available to Eagle and can be mobilized upon request. Heavy Equipment Hitachi EX300 Excavator John Deere 570A Maintainer CAT 215 Excavator 182 Bomag Vibratory Compactor 10-Komatsu 200 Excavators CAT 563 Vibratory Compactor Komatsu PC 220 Excavator 6-Farm Tractors with tillers and plows Komatsu PC 300 Excavator Vacuum Truck- 7,000 gallon 2 - CAT 963 Trackloader 3-Vacuum Trucks - 5,880 gallon International 520 Front End Loader Vacuum Truck- 3,360 gallon International 510 Front End Loader Vacuum Truck- 2,500 gallon CAT 926 Front End Loader Transport Truck- 5,880 gallon CAT 928 Front End Loader 3 20-cubic yard dump trucks Cat D-8 Dozer 8-14-cubic yard dump trucks 2-CAT D6 Dozer- Grubber and Plow 2- Volvo 30 Ton Articulating Dump Trucks CAT DSHXL Dozer 200-25-cubic yard roll-off containers CAT DSHXL Dozer -winch 4-Roll-off Container Trucks CAT D4H Dozer 4 Equipment Haul Trucks International TD15C Dozer 4-Case 580 Extendahoe John Deere 450G Dozer 2-Cat 426 Extendahoes International 520 Forklift 8-Cat 416 Backhoes International IT40 Forklift CAT 426 Backhoe Clarke Fork Lift Case 480D Backhoe 15 Ton Loraine Crane John Deer 300B Backhoe 15 Ton Gallon Crane 6-mobile welding units Emergency Response Capabilities&Experience Page 18 Eagle Construction and Environmental Services, LP I Transfer Eauilnment Pumps: 1"Teflon lined Corken gas compressor 2"Stainless Steel diaphragm pump 1" Polyethylene diaphragm pump 2" Polyethylene diaphragm pump 1"aluminum diaphragm pump 2"Carbon steel centrifugal pump 2"Aluminum diaphragm pump 3"Carbon steel centrifugal pump Hose: Stainless steel braided Crosslinked polyethylene Stainless steel braided/teflon lined Monel Blue flexwing - Speclar LPG/Ammonia Patch Tools and Eauiament Chlorine A,B,C kits Sheet butyl rubber Edwards and Cromwell response kits Sheet PVC Plug-n-Dike powder Packing gland gasket material Aqua seal Lead Wool Petro seal Nylon ratchet straps Dome clamps Grench tool Assorted plugs 1/z"& 3/4"drive socket sets Assorted patch material 0-600 psi liquid filled S.S. gauges Gasket material Assorted pipe wrenches "O" ring gasket kit Assorted pipe tools Goretex tape Hydraulic jack Teflon tape 3/8"chain and binders Sheet teflon Wheel valve wrench Sheet neoprene Boats 10-14'Aluminum with motor 2-18'Alumaweld with 150 hp motor Eagle utilizes state-of-the-art communications equipment to enhance our emergency response and remediation capabilities. All mobile office trailers are equipped with cellular and land line phone systems, and fax machines. All of our main offices are equipped a fully networked computer system capable of Internet access with electronic mail capabilities. Many of our field personnel are assigned lap top computers equipped with modems to enhance communication and information transfer. Hand held radios are utilized on projects covering large Emergency Response Capabilities&Experience Page 19 Eagle Construction and Environmental Services, LP areas. All Project Managers and Project Supervisors are equipped with alpha numeric pagers which are worn at all times. Project Managers and Project Supervisors are available by cellular phone when away from the office or project location. Communication Equipment Alpha numeric pagers Lap top computers with modems and Cellular telephones communications software Land-line telephones Fax machines Office computers with modems and Hand held radios communication software Truck Mounted 800 mhz radios Additionally, Eagle owns numerous pieces of field analytical equipment and personal protective equipment (PPE) which is utilized on many of our projects. Eagle personnel receive extensive training in the proper use and maintenance of this equipment. Listed below are some of the field analytical and personal protective equipment owned by Eagle. Field Analytical Equipment Combustible gas monitors Hazard categorization kits Oxygen deficiency monitors Carbon monoxide monitors Photoionization detectors High pressure leak detector Pyrometer Personal air monitors pH meters Miniram Real Time Dust Monitors pH paper HZS monitors Mercury vapor analyzers Immuno-assay kits Drager air sample pumps Partisol 2000 air monitoring stations Product specific colormetric tubes Personal Protective Equipment Firefighting bunker gear 4 H gloves Level"A" Encapsulated suits (Responder) Cotton glove liners Level"B"Encapsulated suits (Frontline) Leather work gloves Saranex hooded coveralls Ear plugs Frontline hooded coveralls Face shields PVC hooded coveralls Welding hood 14"Neoprene gloves Welding leather 14"PVC gloves SCBA's (Self Contained Breathing Apparatus) "" 14"Nitrile gloves Spare SCBA bottles 14"Butyl rubber gloves Air-line escape pats Emergency Response Capabilities&Experience Page 20 Eagle Construction and Environmental Services, LP Apo, Breathing air cascade pacs Lifeline Breathing air line Confined Space equipment Breathing air regulators Life vests Full body harness Railroad blue flags Full face air purifying respirators Flashlights OVAG/HEPA respirator Decontamination kits NH3/Methylamine respirator cartridges Fire extinguishers Mercury respirator cartridges First aid kits Pesticide/Herbicide respirator cartridges Eagle maintains a large inventory of supplies and consumables required for emergency response. A rigorous inventory system ensures that all needed materials are in stock in an appropriate quantity. Listed below are just a few of the supplies that Eagle maintains for emergency situations. Stock Materials Acid, Hydrochloric Brooms, Street Acid, Muratic Drums, 15 Gallon open steel Acid, Sulfamic (50 Ib. Bags) Drums, 15 Gallon open poly AFFF Firefighting Foam Drums, 16 Gallon closed poly 828-Heavy duty cleaner Drums, 30 Gallon closed poly Calcium Chloride Drums, 30 Gallon open poly Lime, 50 Ib. Bags Drums, 55 Gallon 17E closed steel Mighty Red heavy duty cleaner Drums, 55 Gallon 17E closed poly Soda Ash, 50 Ib. Bags Drums, 55 Gallon 17H open steel Sodium Hydroxide Drums, 55 Gallon open poly Sodium Hypochlorite Drums, 85 Gallon salvage steel Absorbent, Fiberpearl Drums, 85 Gallon salvage poly Absorbent, All purpose (granular) Decon pools Absorbent, Dri-Sorb (high BTU) Filters, Carbon bed Absorbent, Sawdust Mop Heads Absorbent, Boom pH sticks Absorbent, Pads Plastic Sheeting 6 mil 20X 100 ft. Absorbent, Sweep Poly syphon pumps Bags, (Haz-Mat) 6 mil Scotchbrite pads Boxes, D.O.T. shipping Spray Adhesive Brush, Decon Tape, Duct Buckets, Metal open top 5 gallon Tape, Haz-Mat banner Buckets, Poly open top 5 gallon Trash Bags Brooms, Corn Wipes, Disposable Tubes, Colliwassa Emergency Response Capabilities&Experience Page 21 Eagle Construction and Environmental Services, L.P. SECTION 4: MAJOR INCIDENT MANAGEMENT SYSTEM Adopted from the Uniform Incident Command System (I.C.S.) Intent : The intent of this Major Incident Management System is to provide a comprehensive management structure that satisfies the requirements set forth in OSHA CFR 1910.120. "The ICS shall be established by those employers for the incidents that will be under their control and shall be interfaced with the other organizations or agencies who may respond to such an incident". The command function within the ICS may be conducted in two general ways. Single command may be applied when there is no overlap of jurisdictional boundaries or when a single IC is designated by the agency with overall management responsibility for the incident. Unified command may be applied when the incident is within one jurisdictional boundary, but more than one agency shares management responsibility. Unified command is also used when the incident is multi-jurisdictional or when more than one individual designated by his or her jurisdictional agency shares overall management - responsibility. Every incident needs some sort of consolidated action plan. Written plans are usually required when resources from multiple agencies are used, when several jurisdictions are involved, or when changes of personnel or equipment are required. The action plan should cover all strategic goals, tactical objectives, and support activities required during the operation. In prolonged incidents it may be necessary to develop action plans covering specific operational periods. The Incident Command System has five major functional areas 1. Command 2. Operations 3. Planning 4. Logistics 5. Finance Command Staff Incident Commander : The one function that will always be filled at every incident, regardless of size, is the Incident Commander. The IC has the responsibility of overall incident management. Emergency Response Capabilities&Experience Page 22 Eagle Construction and En vironmenta/Services, L.A Responsibilities 1. Assess the incident priorities. a) Safety - The IC must consider safety issues for all personnel at an incident. No industrial complex or form of property is worth the risk of even one life. Safety comes before all other considerations. b) Incident Stabilization - The IC is responsible for determining the strategy that will minimize the impact that an incident may have on the surrounding area. The size and complexity of the command system developed and implemented by the IC should be directly proportional to the magnitude and complexity of the incident. The ICS structure must match the complexity of the incident, not the size. Situations that may appear hopeless must be managed and ultimately controlled. 2. Determine the incident's strategic goals and tactical objectives. The efforts of the resources available for handling any incident must be properly directed to minimize the damage. The clocks cannot be turned back. Damage that has already occurred cannot be alleviated, but further damage must be minimized. This is accomplished when the IC determines the broad strategic goals for the incident and then transforms these goals into obtainable , practical objectives. 3. Develop or approve and implement the incident action plan. The IC is the primary developer of the incident action plan. On most simple incidents , the action plan will be organized completely by the IC and may not need to be written down. In more complex incidents, the action plan will be a written document developed by a staff, headed by the IC. Action plans must be flexible and continually assessed. In the environmental business, conditions rarely remain constant. They are almost always dynamic. 4. Develop an incident command structure appropriate for the incident. The organizational structure is not based on the size or area of involvement; it depends on the complexity of the incident. 5. Assess resource needs and deploy as needed The IC must continually evaluate and adjust the deployment of resources at all incidents. Initial assessment of the incident and the needed resources is only the first step. As soon as the IC determines the incident's strategic goals and tactical Emergency Response Capabilities&Experience Page 23 Eagle Construction and Environmental Services, L,P, objectives and then evaluates the resource needs to meet these goals and objectives, one of two actions will occur. Either the initial action plan will be successful or it will need to be revised. Additional resources may be needed, requiring reorganization. If the IC believes he or she has just enough resources for the required work, it is time to order additional help and / or other resources. Coming out exactly even means the IC is a gambler instead of a true manager. Effective resource management requires that personnel safety be given the highest priority. Although everyone working at an incident must serve as his or her own safety officer, the ultimate responsibility for incident safety rests with the IC. As an incident escalates, the IC will need to assign a person as Safety Officer., with specific safety responsibilities. CFR 1910.120 Q3 (vii) - The individual in charge of the ICS shall designate a safety official, who is knowledgeable in the operations being implemented at the incident site, with specific responsibility to identify and evaluate hazards and to provide direction with respect to the safety of operations for the incident at hand. (viii) When activities are judged by the safety official to be an IDLH condition and / or to involve an imminent danger condition, the safety official shall have the authority to alter, suspend, or terminate those activities. The safety official shall immediately inform the individual in charge of the ICS of any actions needed to be taken to correct these hazards at an incident site. 6. Coordinate overall site activities. Coordination is essential to effective incident management. Without it, resources will be wasted performing tasks that are not necessary to the overall success of the incident. The IC must constantly monitor the incident activities to ensure that the needed degree of coordination is present and that personnel are not working at cross duplication. The goal of the IC is to obtain the maximum productivity from all onscene resources. Proper coordination will ensure that personnel and equipment are functioning within the action plan. Liaison : Responsibilities The Liaison individual(s) are the point of contact for assisting or coordinating agencies. This function is assigned so the IC is not overloaded by questions from the number of assisting agencies that some incidents attract. One of the most important responsibilities of the Liaison individual is to coordinate the management of assisting or coordinating agencies. This is essential to avoid the Emergency Response Capabilities&Experience Page 24 Eagle Construction and Environmental Services, L.P. duplication of efforts. It allows each agency to perform what it does best. Liaison management provides lines of authority, responsibility, and communication. Operations : Responsibilities Operations is responsible for management of all tactical operations at the incident. Operations is implemented when the IC is faced with a complex incident having major demands in one or more of the remaining major functional areas. For example, the IC may be faced with a rapidly escalating incident with a significant need to evaluate strategy and to develop alternative tactical options. Faced with a major functional responsibility in addition to management of tactical operations, the IC may need to staff Operations to maintain an effective span of control. When to staff Operations The most common reason for staffing Operations is to relieve span -of- control problems for the IC. A complex incident, in which the IC needs assistance determining strategic goals and tactical objectives, may also require implementing Operations. Planning : Responsibilities Planning is responsible for the collection, evaluation, dissemination, and use of information about the development of the incident and the status of resources. When faced with a complex or rapidly escalating incident, the IC may require assistance with the ICS Planning function. A wide range of factors may impact on incident operations. Planning must include an assessment of the present and projected situation. Proactive incident management is highly dependent on an accurate assessment of the incident's potential and prediction of likely outcomes. In addition to assessment of the situation status, there is a critical need to maintain information about resources committed to the incident and projected resource requirements. Logistics : Responsibilities Logistics is responsible for providing facilities, services, and materials for the incident. As incidents grow in size, complexity, and duration, the logistical needs of the operating �- forces also increase. Even in a relatively simple incident, there are requirements for equipment, drinking water, and emergency medical care. When faced with a major Emergency Response Capabilities& Experience Page 25 Eagle Construction and Environmental Services, L,P, incident the logistical requirements are significant. Long duration incidents of any type require provisions for feeding personnel, toilet facilities, refueling of vehicles / equipment, lodging, and a myriad of other service and support resources. Acquisition and the accurate distribution of material / equipment is a major functional responsibility for this position. This individual(s) works very closely with Planning personnel. Finance : Responsibilities Finance is responsible for tracking all incident costs and evaluating the financial considerations of the incident. During large scale incidents many significant purchases and cash transactions are made. It is the responsibility of Finance personnel to insure that all disbursements are documented including but not limited to accurate invoicing for all services / materials used. Personnel Requirements For Implementation It shall be the ultimate responsibility of each Operations Manager to insure that personnel assigned to the following tasks are competent and capable of fulfilling their assigned role. Incident Commander The Incident Commander shall have a complete understanding of the Incident Command System and be experienced in managing complex incidents. Safety Officer : The Safety Officer shall have a complete understanding of Eagle's Standard Operating Procedures (SOP'S) and be very knowledgeable in the operations being implemented. Liaison Officer : The Liaison Officer shall be experienced in interfacing with regulatory officials and coordinating the efforts of several agencies during a single incident. A service / people oriented individual is paramount in fulfilling this role. Operations Officer : The Operations Officer shall have a complete knowledge of the ICS system and be experienced in all phases of the operations being implemented. This individual should have proven management skills and supervisory experience. Planning Officer : The Planning Officer shall have proven management skills and be capable of coordinating long range goals and manpower needs. The Planning Officer shall be responsible for coordinating the quantity of company and sub contracted personnel needed during the incident. Logistical experience is desirable, Emergency Response Capabilities&Experience Page 26 Eagle Construction and Environmental Services, L.P. Logistics Officer: The Logistics Officer shall have proven resource management skills and prearranged resources available to supplement an incident of any size, Twenty-four (24) hours a day. Finance Officer : The Finance.Officer shall have proven financial management skills utilized during a major incident. This individual shall be competent in gathering all cost data and the preparation of invoices / estimates from the field. Additional responsibilities would include but not be limited to, establishing credit accounts for localized vendors and sub-contractors. Sector Commander / Supervisor : The Sector Commander / Supervisor shall have experience in completing the actual field work. This individual shall also be competent and knowledgeable in determining how to implement the assigned tasks and carry them out safely without direct supervision. The Sector Commander / Supervisor shall be directly responsible for the overall supervision and direction of crews working within his / or her assigned areas. The accurate completion of daily equipment and material usage forms shall be completed by this individual at the end of each work day and turned into the Operations Officer. Any material / Equipment needs for the following work day / period shall be turned in as well for acquisition. This will expedite mobilization and work activities during the next work day / period. The Sector poll Commander reports directly to the Operations Officer. Supervisors shall report directly to the Sector Commander. Foreman : The project Forman shall be experienced and competent in performing their assigned tasks. The Foremen shall work under their respective Sector Commander / Supervisor , and relay all communication / needs through them. Project Foreman shall be assigned appropriate work crews and work directly with them insuring the assigned tasks are completed fully. Logistics Assistants : The Logistical Assistants shall be knowledgeable in material and equipment acquisition. These individuals shall have a complete knowledge of all materials and equipment used by Eagle and their location. These individuals shall also be competent in processing the necessary requisition forms to insure timely restocking and the filling of equipment needs. Copies of all material ,equipment sheets, and vendor invoices ,shall be forwarded to the Logistics Officer daily for processing and recording by Finance. The Logistics Assistants shall work under and report directly to the Logistics Officer. Emergency Response Capabilities&Experience Page 27 Eagle Construction and Environmental Services, L.P. SECTIONS: QUALITY ASSURANCE/QUALITY CONTROL Quality assurance is a process of management review and oversight in planning, implementation, and reporting stages of environmental data collection activities. It is often defined as the mechanism used to verify that a measurement process is operating within acceptable limits and is providing data of desired quality. Quality assurance must be an integral part of work activities throughout the project, from plan preparation, sample collection and analysis to data reporting; it cannot be successfully added as an afterthought in the later stages of the project. The advantages of adequate quality assurance include the reduction in the problems experienced during sample collection and analysis, assurance that the project team will have adequate data for decision making, and cost/time economics for "doing it right the first time." These benefits are largely attained through management attention to the planning and implementation of data collection activities. Quality assurance programs are a necessity for all environmentally-related measurements, including all field and laboratory investigations that generate data. Quality Assurance Program For large projects involving significant amounts of data collection and evaluation, Eagle develops a Site Specific Quality Assurance Project Plan (QAPP) in accordance with EPA QA/R-5 guidelines. The QAPP presents in specific and concise terms, the policies, organization, objectives, functional activities and specific quality assurance and quality control activities designed to achieve the data quality goals for a specific project or operation. Quality assurance (QA) is not synonymous with quality control (QC), though both are necessary for generation of environmental data of adequate quality for use. QC focuses on the detailed technical activities (calibration, split-samples, duplicates, etc.) necessary to achieve a specified level of quality in sample measurement. QC is primarily implemented by field and laboratory staff. QA focuses on systems, policies, criteria, procedures and delegation of responsibility necessary to assure data quality, QA is thus a management function. Both areas are to be addressed in the QAPP. The following provides a description of some of the elements to be addressed in the QAPP and some of the considerations to be addressed: QA Objectives: For each matrix or parameter, objectives for precision, accuracy, representativeness, comparability, and completeness will be developed. a. Precision - the measure of variability of individual samples. Precision will be assessed from laboratory duplicate analysis of field samples and from the use of duplicate matrix spike samples. Emergency Response Capabilities&Experience Page 28 Eagle Construction and Environmental Services, L.A 1001, b. Accuracy - the measurement of the system bias. Accuracy will be assessed using laboratory spiked standard matrix samples in conjunction with field and trip blank samples and laboratory method and reagent blanks. c. Representativeness - degree to which data accurately and precisely represent the concentration of the target compounds of the sample. Representativeness is a function of sample site selection and sample collection and analysis techniques. d. Comparability - expression of the confidence with which one set of data can be compared with another. Uniformity in all data collection and analytical activities through establishment of QA procedures, sampling guidelines, chain-of-custody, qualified laboratories, etc. provides the basis for maintaining comparability. e. Completeness - measure of the amount of data obtained from a measurement system compared to the amount that was expected to be obtained. The completeness of data objective reflects the degree to which required samples specified in the appropriate sampling plan have been collected and the necessary analysis performed in order to create a sufficient data base to meet the objectives. As part of the quality assurance objectives, the QAPP will have an established level of field QC effort. Field duplicates, field blanks, trip blanks and matrix spikes/matrix spike poll, duplicates will be taken and submitted to the analytical laboratory to provide a means to assess the quality of the data resulting from the field sampling program. Field duplicate samples will be analyzed to check for sampling and analytical reproductibility. Field and trip blank samples will be analyzed to ensure that recoveries falling outside acceptance windows are attributable to sample matrix interferences and not to laboratory analytical errors. Specific frequencies of the above QC samples will be established based on the sample matrix and numbers as well as parameters for analysis. Measurement data will be generated in many field activities that are incidental to collecting samples for analytical testing or unrelated to sampling. These activities include, but are not limited to, the following: • Documenting time and weather conditions • Determining depths in a borehole or piezometer and static water levels The general QA objectives for such measurement data are to obtain reproducible and comparable measurements to a degree of accuracy consistent with the intended use of such data through the documented use of standard procedures. The QC level of effort for the field measurement of pH consists of pre-measurement calibration and a postmeasurement verification using two standard reference solutions each time as appropriate to the sample pH. This procedure will be performed for each Emergency Response Capabilities&Experience Page 29 Eagle Construction and Environmental Services, L,P, sample tested. The QC effort for field conductivity measurements will include daily calibration of the instrument using standard solutions of known conductivity. Sampling Procedures: The QAPP will address the following areas with regards to sampling: a. Sample location selection b. Sample collection, preparation and handling C. Decontamination and cross-contamination d. Sample labeling and document control e. Sample control f. Documentation of sampling activities g. QA/QC samples Eagle does have a series of memoranda that were prepared to provide technical procedures pertaining to Eagle's operations. These procedures are intended to establish baselines of practice to assist site personnel in preparing and implementing site-specific work plans. Analytical Procedures: For the various parameters being monitored, the analytical procedures will be specified in the QAPP. For those methods that do not have published standard operating procedures (SOP) or utilize modifications to the SOPs, the complete operating procedure may be included. Data Reduction. Validation and Reporting: Original data reduction generally takes place in the laboratory, except for field measurements. Laboratory procedures for data reduction should be evaluated for adherence to standard laboratory practice. The validation of data will be accomplished by the QA/QC officer and the Eagle project manager, prior to the release of any data. Validation procedures include the following steps: 1. Compile list of all investigative samples 2. Compile list of all QC samples 3. Review chain-of-custody documents for completeness and correctness 4. Review laboratory analytical procedures and instrument performance criteria 5. Prepare and review data summary for potential data quality problems. 6. Prepare a sample summary to assess completeness of the analytical data. All analytical results are to be classified as quantified, qualified or rejected through data validation activities. Quantified data are to be used in laboratory reports at the numerical value identified. Qualified data are to be used as an estimate and are not be Emergency Response Capabilities&Experience Page 3o Eayie Construction and Environmental Services, L,P, used as a quantitative measurement. Rejected data generally are not to be included in the analytical report. Performance and Systems Audits: In order to ensure that integrity of the data and related information is maintained, audits will be conducted on both field activities and in the laboratory. During the duration of the program the QA/QC officer or his designee will conduct periodic field sampling audits to verify that the sampling protocol is being followed by field personnel. The auditor will prepare an audit report containing the results of the evaluation and recommendations for any corrective actions. The QA/QC officer will also perform periodic audits of the laboratory. This includes the initial audit to determine the adequacy of the lab to analyze the project-specific samples for specified parameters. One means of auditing the lab is by using single blind performance evaluation samples. These are samples which are acquired by the QA/QC officer which have a known concentration of the parameters that the program calls for; these samples are sent to the lab as other samples would be. The results provided by the lab will be compared to the true concentrations and an evaluation of the lab's performance will be made based on these results. Commitment to Quality Eagle is committed to providing quality service to its clients on all projects regardless of size or complexity. This commitment is achieved through the following mechanism: • Providing only technically competent staff • Establishing company-wide minimum standards of practice for all project types • Peer review policy for all reports and submittals • Providing a responsible professional for each project to monitor quality assurance and technical review • Monitoring of the quality of practice at corporate and local levels • Comprehensive audits of offices for adherence to Eagle quality assurance procedures Data Management The quality assurance program for Eagle is documented in its Quality Assurance Manual, which provides the requirements of the quality assurance program. Standards of practice are documented in general, specific and technical memoranda which are developed for specific services provided by Eagle. The Quality Assurance Manual and the memoranda provide consistency of practice within Eagle and thereby provide a consistency in quality of practices. Emergency Response Capabilities& Experience Page 31 Eagle Construction and En vironmenta/Services, L,PE The peer review policy requires comprehensive review by technically competent (and often technically senior) personnel of all aspects of a project. This review begins in the work scope development stage and carries through the issuance of the project report. Project-specific quality assurance is monitored by a responsible professional (RP) assigned to each project. The RP is a senior level person with significant technical experience. The RP will verify that the minimum quality assurance requirements are met in addition to project-specific quality assurance objectives. The Quality of Practice within Eagle is continually evaluated at each local office by a task force which is comprised of several staff members. The task force evaluates the overall program, identifies problem areas and develops corrective action where required. In addition, the task force develops general and specific training for employees and professional development training. The Quality Assurance Program is evaluated (individually by office) on a yearly basis by auditing. Random project audits are performed on a monthly basis internally to the office. However, each office is audited by the corporate quality assurance office for adherence to the peer review policy and quality assurance requirements described herein. Eagle utilizes a data management system which provides services tailored to the client's """° needs. The data management system consists of several key elements, all interrelated and described below: Preparation - Data management personnel will brief the field crew on their assignments along with data needs and documentation requirements. This meeting provides direct communication links between the field and data management personnel. In addition, data management personnel will maintain communication with the analytical laboratory to initiate sampling projects with regard to container and preservatives requirements. Field Work - While the field crews are collecting samples, data management personnel will maintain communication with the crew and with the laboratory. Sample shipments will be tracked, chain-of-custody information maintained and checked, and sample holding times monitored. The field crews will maintain detailed log books of their activities as well as completing appropriate field forms and chain-of-custody forms. In addition, data management personnel will conduct in-house field audits of the field crews onsite to check their documentation and to assure quality control of that aspect of their work. Once field crews have returned to the office, data management personnel will review the log books and supporting documentation with the field personnel to assure the integrity of that information. Document Control/Data Maintenance - Reports, plans, data transmittals, correspondence, and other project related output prepared by Eagle staff for a Emergency Response Capabilities&Experience Page 32 Eag/e Construction and En vironmenta/Services, L,P, particular project will be assigned a document control number and maintained in duplicate in a secure area. Original laboratory data submittals with supporting documentation, field log books, chain-of-custody forms, sample transportation receipts from commercial carriers, in-house reports, and other similar pertinent information will be maintained in secure files. Such information will be maintained for the duration of the project or six years, whichever period is greater. Files can be maintained for longer duration when necessary. Electronic Data - Data Management has the facilities to provide extensive data management of electronic data as well. Eagle presently has more than 80 IBM compatible computers, and most are networked. Each office has Internet access with E-mail capability for sharing and transfer of data and information. Software capabilities include a full array of products including project management, modeling, database, graphic, drafting, spreadsheet, and others. Oak 0011 Emergency Response Capabilities&Experience Page 33 Appendix A: Example ER Report This report has been prepared for CLIENT NAME Client Address City, State Zip By EAaEl Eagle Construction & Environmental Services, L. P. 9204 Hwy 287 NW Fort Worth, Texas 76131 Report Date: Month Day, Year Supervisor Name Reporter Name or Report Reviewer Emergency Response Supervisor Technical Specialist This report has been prepared for CLIENT NAME Client Address City, State Zip By 9 Eagle Construction & Environmental Services, L. P. 9204 Hwy 287 NW Fort Worth, Texas 76131 Report Date: Month Day, Year Supervisor Name Reporter Name or Report Reviewer Emergency Response Supervisor Technical Specialist ,ou. TABLE OF CONTENTS EXECUTIVESUMMARY ...................................................................................... i 1.0 INTRODUCTION .......................................................................................... 1 2.0 SITE RECONNAISSANCE .......................................................................... 1 2.1 SITE DESCRIPTION ..................................................................................................... 1 3.0 SITE ACTIVITIES......................................................................................... 1 4.0 SAMPLING RESULTS ................................................................................. 1 5.0 DISPOSAL OVERVIEW............................................................................... 1 6.0 RECOMMENDATIONS ................................................................................ 2 r FIGURES FIGURE 1 SITE MAP FIGURE 2 SITE DIAGRAM FIGURE 3 SAMPLE LOCATION MAP APPENDICES APPENDIX A SITE PHOTOGRAPHS APPENDIX B HEALTH & SAFETY DOCUMENTATION APPENDIX C LABORATORY ANALYTICAL RESULTS APPENDIX D WASTE MANIFESTS EXECUTIVE SUMMARY Summary of all :sections. i MAOClient Name Report Title Report Date: Month Day, Year r 1.0 INTRODUCTION Incident description including exact location, notification details, and mobilization. 2.0 SITE RECONNAISSANCE 2.1 SITE DESCRIPTION 3.0 SITE ACTIVITIES Chronological description of cleanup activities. If other contractors were on-scene, include their activities as related to Eagle's work. For example, another contractor removed debris before Eagle commenced cleanup. Directives given by authorities (state who gave them and specific details of directives). 4.0 SAMPLING RESULTS REMOVE THIS SECTION IF SAMPLING WAS ONLY PERFORMED FOR DISPOSAL PROFILING. Sampling activities, lab analyses, lab results, and comparisons to state/federal standards or background. Laboratory analytical results are included in Appendix C. 5.0 DISPOSAL OVERVIEW Waste profile and disposal details. Laboratory results of the waste profile sample are included in Appendix C. Waste manifests are included in Appendix D. 1 PUR } Client Name j Report Title Report Date: Month Day, Year 6.0 RECOMMENDATIONS If any, state recommendations for further investigation or remediation of this site. If none, remove this section. \\EAGLE3\EAGLE\OPERATIONS\Emergency Response Division\ER Reports\INCIDENT REPORT.dot mow.. 2 0000, FIGURES 10010, APPENDIX A SITE PHOTOGRAPHS ' APPENDIX B 000, HEALTH & SAFETY DOCUMENTATION f APPENDIX C LABORATORY ANALYTICAL RESULTS 1 APPENDIX D VVA5TE MANIFESTS Aftk Appendix B: Representative Projects s Project Location:Texas Instruments Facility, Dallas, Texas ` Contract Number. NA Contract Type:Time and Materials Performance Period: November 1997-January 1998 y Eagle's Role: Emergency Response/Remedial Investigation Project Description: 1,000 gallon Client Contact:Air Liquide sulfuric acid spill Steve Reimer(972) 995-3561 Project Cost: $260,000.00 In November of 1997, Eagle responded to the spill of approximately 1,000 gallons of concentrated (98%)sulfuric acid at the Texas Instruments facility located in Dallas, Texas. The spilled product had been released from one (1) tank on-site and had flowed into a nearby storm sewer inlet which lead directly to the adjacent river. The impacted area included the main storm sewer in the basement of the facility, several hundred feet of storm water sewer drain and the adjacent river. Upon arrival at the site, Eagle incorporated the use of soil dams and underflow dams for the containment of all spilled product and to prevent further release into adjacent river. The storm sewer was plugged in the impacted area to facilitate the removal of all remaining product. Services at the facility were performed by Eagle on a 24-hour basis. The entire stormwater network that was impacted was flushed repeatedly until stable pH conditions were attained. Once all of the accumulated acid product had been removed from all impacted areas, each individual area was neutralized with Color-Safe Neutralizer and tested with a portable pH meter to ensure that a complete decontamination had been achieved. Verification soil samples were also submitted to a third party laboratory to ensure all impacted soil media had been neutralized for protection of surface water resources. Upon mobilization, hydrogeologists were assigned the task of monitoring the impacts to the adjacent waterways. Acid pockets and low pH water were removed with vacuum trucks. The removed product and water was returned to the facility for processing by Air Liquide. Various parameters were continuously monitored throughout the removal operations until it became apparent the conditions in the river had stabilized. At the completion of the project all closure reports were compiled, submitted, and approved by the state. Problems Encountered and Corrective Actions: Residual acidity potentially could further impact the spill area resulting in additional fish kills and impacts to wildlife. Eagle recommended that only monitoring be conducted since the alkalinity of the soil and limestone bedrock would buffer any residual product. -U �h Men V 11 064 men receptors,JOT) lbjuthyejtecpp a e e.and. 'accurate evaluation of spa ` susa+ce jesu $ nU g incaent and P Project Location: Burlington Northern Santa Fe Railroad (BNSF) NorthYard, Fort Worth, Texas Contract Number. NA PHOTO NOT AVAILABLE Contract Type:Time and Materials Performance Period:April 1999-July 1999 Eagle's Role: Emergency Response Project Description: Emergency Client Contact: Burlington Northern Santa Fe Railroad Response Rob Werner(817) 740-7341 Project Cost $825,000.00 Leaking railcar containing RCRA waste (xylene, MEK TCE)traveling through BNSF's north yard in Fort Worth contaminated with 1,500 linear feet of trackbed with hazardous waste. A total of 1,300 gallons of free liquid was recovered. Work was performed on a 24-hour basis so as not to further impact rail traffic. All impacted rail,ballast,ties, and soil was removed and replaced to specification. Almost 5 million pounds of hazardous waste was removed and profiled for incineration along with 140 c.y. of debris profiled for macro-encapsulation. Removal and replacement of impacted media was accomplished within three days. Due to the location of the response and impending heavy rain, time was of the essence. Eagle worked with vendors and industry contacts to provide approved ballast, fill, geotechnical services, and laboratory services on a 24-hour basis, over a weekend, to provide on-the-spot support. Chemical and geotechnical analyses were transmitted directly to on-scene. At the completion of the project all closure reports were compiled, submitted, and approved by the state. Valued Achievements • , Subcontractor network allowed Eagle to obtain laboratory services arilreplacement material to be obtained on a 24-hour basis: • Excavated'and removed Ave million.pounds of material in three days. • Recovered x,300 galions of hazardous free liquid,. Project Location: Garland, Texas -� Contract Number. N/A Contract Type:Cost Plus f w Performance Period: May 1992- Present Eagle's Role: Principal Consultant and Contractor Project Description:Subsurface Client Contact.Ashland Chemical Company Xylene Release and Remediation P.O. Box 2219 Project Cost:$4,000,000.00 Columbus, Ohio 43216 Rick Gentry 614 790-4302 This work (ongoing) includes remediation of xylene contaminated soils and groundwater at a bulk chemical transfer facility owned by Ashland Chemical Company in Garland, Texas. The project initially began as an emergency response due to xylene product migrating through the highly fractured local Austin Chalk Formation, impacting the Ashland site and adjacent properties including a tributary approximately 1/4-mile downgradient from the origin of the release. The creek fed directly into the City of Garland's drinking water supply reservoir. While addressing the emergency, Eagle personnel met with client and regulatory representatives to develop short and long term remediation plans for the site. Integrity testing of product lines at the facility located a major leak in a subsurface line adjacent to the aboveground solvent tank farm. A subsurface investigation was conducted and determined that the migration of product and groundwater was strongly influenced by the heavily faulted Austin Chalk Formation. Analysis confirmed high concentrations of xylene with low levels of toluene, ethylbenzene and mineral spirits in the soils and groundwater on the Ashland property and on adjacent downgradient properties. Observations during the assessment additionally revealed that municipal potable water lines had been compromised by the free product in contact with these lines. Eagle personnel developed a remediation program for the site designed to: (1) address the source of the contamination (leaking supply lines), (2) prevent further migration of contaminant into surface water resources, (3) clean up contaminated soils and groundwater, and (4) protect the City water supply from the constituents of concern. The facility remained in operation throughout the corrective actions. The leaking lines were removed and replaced and a system of lateral interception trenches were installed at right angles to the observed fault trend for control and collection of free product and contaminated groundwater. At approximately eight feet in depth, free product was issuing from the contact between residual soils and the weathered formation. Excavations continued to approximately 15-17 feet depth to ensure interception of the migration routes (faults, bedding planes). Initially frac tanks were used to hold recovered free phase product and contaminated groundwater for treatment. More than 1,280,000 gallons of contaminated water was collected and treated on-site with a mobile aeration/ carbon filtration system. To facilitate removal of impacted soils within the stream bed, approximately 700 feet of interceptor trench was installed adjacent to the drainageway to help dewater the creek and to create a reversal of groundwater/product flow. The interceptor trenches were expanded into recovery systems combining groundwater pump and treat systems with vapor extraction technology. Two low-profile stripping towers with activated carbon polish were installed in two separate treatment buildings at the site to treat contaminated groundwater and collected soil vapors. To date, more than 20 million gallons of contaminated groundwater has been recovered and treated for discharge to the Garland POTW. Excavated soils were staged on bermed, 40 mill HDPE liners and covered to prevent contamination runoff from rains. The soils were bioremediated on site preventing the necessity for offisite disposal. Eagle is currently involved with the ongoing monitoring/reporting and operation and maintenance of the treatment systems. Eagle personnel with engineering support from Freese and Nichols, engineered and constructed replacement of the water lines to specifications meeting City of Garland Water Department requirements. This included purchasing and installing a double check valve on the water main to prevent contamination of the water supply. This project demonstrates Eagle's ability to manage and coordinate a complex groundwater restoration program involving advanced remediation technologies on a fast--track schedule. In addition this project involved working within annual budget parameters forecast by both Ashland and Eagle personnel. The project required mobilization of significant local resources and management of a diversity of subconsultants and subcontractors for delivery of the services, technology and systems. The project also required effective coordination with City and State regulators. Eagle excelled in delivering quality and value to the client in all phases of the project. Valued Achievements � Successful abatement of procip.tct impacts to sensit-e (di-tr�king water, supply Ir,r .a awl .uJF��ewater resources) Onsite biotreatriient o` disp,-s d costs • Development ai 7d =1,�_:r of long t..,rm remediation pian achieve risk used c1can a teria. s Project Location:Ashland Chemical r Contract Number: NA r r Contract Type:Time and Materials Performance Period: May 1992-Present Eagle's Role:Emergency Response/Remedial 0. �� .. Investigation/Remediation Project Description: Subsurface Client Contact:Ashland Chemical Xylene Release Rick Gentry (614) 790-4302 Project Cost: $4,200,000.00 A response was made to a call by the City of Garland about an unknown solvent in a creek. The incident commander discovered a miscible black substance discharging from fractures within the limestone bedrock along a creek. After initial recovery efforts were completed, officials and surrounding industry members assisted in determining the source. A series of recovery wells and interceptor trenches were placed up gradient to protect surface water/drinking water supply. Approximately 1,000 feet of recovery trench was installed using two Cat 325 excavators with rock buckets and associated groundwater recovery and soil vapor extraction systems were installed at the site. A total of over one million gallons was recovered/treated during the initial response and to date over 20 million gallons of groundwater has been treated using two groundwater recovery/treatment systems installed at the site. The project is nearing completion and is in the final monitoring phase. y� yr► *p a 1r'ae�dCrnent "' • H. b ent ff #e s � meet"a resu�l n ?v k --.t t l>r r '1ic"1..� qq sc`tviil�� Prtctt4 sstav0�rpgaerupp� +� tegratton of Ja�riaus treafiment tech�iolog�°s to expedite xemediaion efort : Project Location:Houston, Texas Contract Number.NA Contract Type: Fixed Price Performance Period:July-August 2001 - Eagle's Role:Prime Contractor Project Description:Cleanup and Client Contact:City of Houston decontamination services Convention and Entertainment Dept. 510 Preston Project Cost: $2,000,000.00 Houston, Texas 77002 Joe Leonard (713) 689-1036 Norman Wishnow(713) 742-7253 Tropical Storm Allison dumped several inches (in some place feet) of rain across the Houston area. Most of the parking garages downtown are located underground and therefore flooded. Eagle was contracted to perform the cleanup and decontamination services in a three level car park garage, which covered approximately 6 acres underground. Because this was a relatively enclosed area — now damp and musty — Eagle was required to rapidly set up the ventilation 1 equipment and operate the ventilation system for 36 hours upon mobilization. Initially, residual water was pumped into city sanitary as approved and directed by the City of Houston. In addition, there were over one hundred vehicles,personal property, city property, and miscellaneous equipment and chemicals that had been stored in various areas throughout the garage by different contractors. All items were inventoried, decontaminated, and removed from the garage. Each item was handled according to FEMA and City of Houston protocol and either returned to the owners or held for insurance companies. All chemicals were lab packed and properly disposed of in accordance with state and federal regulations. These inventories and property management events were conducted simultaneously with many other phases of the decontamination process. Eagle identified and delineated the exclusion, contaminant reduction, and support zones in each of the three garages. Personnel and decontamination stations were set up in each of the three levels to prevent the spread of flood residue to non-impacted areas. The work in all three garage levels were performed simultaneously. Eagle removed the debris from each flood structure, utilizing skid steer loaders and hand labor along with power brooms. All debris was then placed in roll-off boxes. More than 64 loads totaling over 2,000 yards of flood debris was removed and disposed of at BFI's McCarty Road Landfill. Once the debris and sediments had been removed, Eagle began washing the structures utilizing fire hoses, nozzles, and booster pumps to deliver the water from nearby hydrants. All surfaces were also treated with a sodium hypochlorite solution to help prevent mold growth. Oxygen levels, carbon monoxide levels, and LELs were continuously monitored for the duration of the project. All work was performed by qualified individuals with the appropriate training for hazardous material in accordance with 29 CFR 1910.120. The project was completed within the 30-day time frame and without incident. • Timely projectcompletion by cff'-]c.icnl and streamlined performance of multiple tasks completed simultaneously resulting in cost savings. PHOTO Project Location: Fayetteville, Arkansas NOT t' AVAILABLE Contract Number: R159620 Contract Type: Fixed Performance Period: July, August, 2002 Eagle's Role: Prime Contractor Project Description: Removal of Client Contact: University of Arkansas Unknown Chemical 2949 Point Circle, Suite 1 Fayetteville, AR 72704 Project Cost: ? Jane Spellman, P.G. (479)571-3334 During the 1960s or early 1970s chemical containers were buried on a half-acre portion of a 100-acre tract of land owned by the University of Arkansas. An investigation was conducted by the University of Arkansas, which identified the specific locations of buried chemical containers. Eagle was awarded a contract to remove identify and labpack buried chemicals. Eagle mobilized a wide variety of personnel to the site including two field chemists, a senior emergency response manager and a senior geologist. Due to the nature of the project extreme precaution was utilized during the removal process. Once on-site, Eagle utilized an excavator to remove overburden soil from a number of areas located on the half-acre portion of the property. Once the overburden soil was successfully removed, Eagle performed a controlled excavation of over 750 containers containing all types of chemicals from flammables and corrosives to poisons. Upon removal of the containers, Eagle performed a haz-cat field test to characterize the unknown contents. At times, a remote opening device was required to remove lids due to high detection of nitrates. Following identification of the waste, Eagle labpacked similar waste streams, completed the appropriate labeling and stored the drums according to regulatory requirements. Eagle completed the required quality control and health and safety documentation throughout the project. A Site Safety and Health Plan was prepared prior to mobilization to the site. Daily safety meetings and safety inspections were conducted to ensure that all employees had a full knowledge of potential health hazards. The majority of the work was performed in Level B PPE (Personal Protective Equipment). r Page I of 2 Eagle was responsible for conducting perimeter and personnel air monitoring for the duration of the project. If any readings were elevated, personnel were immediately removed from the area and appropriate PPE was donned. The project was completed with no OSHA recordable incidents and within the appropriate time frame. Valued Achievements • Successfully identi icd a wide varicty of unknown chemicals utilizing field chemists and various field testing methods. • Safely identified, packaged transported, and disposed of various unknown chemicals. r Project Location:Various locations in south and east s` Texas Contract Number:80000300000 Contract Type:Fixed Price a Performance Period:August 1997-August 2001 -� Eagle's Role:Emergency Response&Supplemental Site Activities Project Description:Emergency Client Contact:Texas Natural Resource Conservation site assessment and remediation Commission services Sean Kelly (512) 239-0115 Project Cost: $2,500,000.00 Eagle provides emergency site assessment and remediation services to the TNRCC on State Lead PST sites. The work includes assessments of vapor and petroleum product impacts on air, soil and groundwater in buildings, underground utilities, and surrounding areas; installation and sampling of monitoring wells, soil vapor points, and interceptor trenches, installation and maintenance of soil and groundwater remediation systems. Multiple projects in various locations in south and east Texas requires a large amount of coordination between people and Eagle offices to assure that schedules are met and the quality of the work performed is maintained to a high standard. p r o.writAy Jwe�V1 IV��� y dime1� rgencVV � a r�sug 'pigs to e 1 $" Project Location: Grapevine, Texas s Contract Number: N/A I Contract Type:Cost Plus Performance Period: 1996- Present Eagle's Role: Prime Contractor-Response (100%of 0 Site Work) 5% Subcontracted (Lab Services, Trucking) Arcadis'Role: Prime Contractor-Groundwater Remediation 15% Subcontracted (Various Field Services) Project Description:Emergency Client Contact:Advanced Graphics Response and Long Term Remediation 942 Minters Chapel Road from a hexavalent chrome spill. Grapevine, Texas 76358 Project Cost:$1,500,000.00(Eagle) Dick Bryant (817)481-8561 $600,000.00 (Arcadis) Analysis of green water in a creek indicated a chrome solution release from a nearby plating facility. The initial emergency response by Eagle personnel involved the damming/rerouting of the creek during inclement weather to prevent downstream migration. The, onsite spill was contained and recovered fluids were then transferred to the facility's treatment plant. Heavy-tracked equipment was used to move equipment around on site during response and remediation phase due to the extremely wet conditions. During the remediation phase, a recovery trench 22 feet deep and 300 feet long was installed with three well points to recover contaminated groundwater. A 4" double-walled pipeline was installed back to the facility. Over 5,000 cubic yards of impacted soil was removed for offsite disposal. At the completion of the project all closure reports pertaining to the initial emergency and remediation were compiled, submitted, and approved by the state. Arcadis was retained by the client to perform long-term groundwater remediation of the hexavalent chrome. The remediation approach combines traditional pump and treat technology with a patented in-situ bioremediation program. The in-situ treatment involves the injection of a carbon-based nutrient solution that encourages the growth of naturally occurring microbes, generating a reductive zone that causes chemical change in the chromium, which is ultimately reduced to a stable precipitate that becomes part of the soil matrix. The pump and treat component of the system provides hydraulic control and eliminates exposure of the plume to a nearby creek. Prior to beginning the injections, the average concentration of hexavalent chromium within the plume was approximately 56mg/L. Within the first two years of the program, the average concentration of hexavalent chromium had decreased to approximately 16mg/L, a decrease of approximately 71%. The aerial extent of the plume has also decreased significantly as a result of the remediation program. Viluedchi1vem ents a Initial;xesponse actiuities prevented further contamination: ® Reduced costs and reme'dia#ion time bit 8�°a us rig patented technology: I Appendix C: Resumes Vernon Sanders E. R. Division Manager Eagle Construction&Environmental Services, L.P. Time allocated to contract—65010 Emergency Response Manager EDUCATION/CERTIFICATIONS: Mr. Sanders has over 10 years of • Louisiana State University, environmental remediation experience for Marine First Aid/CPR various federal, state and private sector • Marine Survival Training, clients. He has managed over 500 projects Louisiana State University, 1997 including 50 removal actions and over 500 • Reactive Explosive Safety emergency response situations. As the Training Emergency Response Manager, Mr. Sanders • Blasting & Explosive Safety Training has experience working with the USEPA, . 29 CFR 1910.120 40-Hour CERCLA, RCRA, TSCA, DOT regulations and HAZWOPER Certification local state government regulators. He has • 29 CFR 1910.146 16-Hour extensive training in OSHA's Hazardous OSHA Permit Required Confined Material Specialist, Hazardous Waste Space Certification Operations in accordance to OSHA 1910.120, • 29 CFR 1910.120 OSHA Permit Confined Space and Rescue in Supervisor Training Course accordance to OSHA 1910.146, DOT • 29 CFR 1910.120 Section Q (6) qualifications in accordance to 49 CF, Trench (v) OSHA Incident Command Excavation Safety Training in accordance to System Certification OSHA 29 CFR 1926, Incident Command • 49 CFR Parts 383, 387, 390-399 System in accordance to OSHA 1910.120, OSHA Driver Qualifications andRegulations Packaging Shipping and Transportation of Explosives as required of HTM126/HM181 of 49 CFR. Mr. Sanders has managed a wide variety of jobs ranging from $2,500 to over $500,000.00. He has developed and implemented 400 SSHP's, Work Plans, Budgets and Schedules. Summary of Related Experience • Member of chemical transfer team, responded to an 81 car freight train derailment in Weyauwega, Wisconsin. When the derailment occurred, several cars burst into flames, with fire subsequently spreading to many of the adjacent cars and surrounding buildings in the downtown area. Including fourteen rail cars containing Liquified Petroleum Gas (LPG) and propane. This incident represented one of the most serious derailments in the history of American railroads with more than 1,700 local resident evacuating their homes and businesses. • Project Foreman to provide facility decontamination services related to mercury release from a mercury stripping unit on an offshore natural gas rig. The contamination occurred when a pressure release valve on a unit that strips elemental mercury from natural gas as it is extracted from the well was accidentally opened by an operator while the unit was still pressurized. The release resulted in contamination of various equipment and work areas by vaporized mercury. Damon Waresback Geologist Eagle Construction & Env. Services,L.P. Time allocated to contract—25% Geologist Twelve years of environmental remediation and EDUCATION: consulting related experience for various federal, state, . B.S. in Geological Science, New and private sector clients. Managed 300 projects Mexico State University, 1981 including 50 removal actions, 150 industrial and . M.S. Geological Science, University hazardous waste remediation projects, 15 Voluntary of Texas/Arlington, 1986 Cleanup Program Sites, 50 LPST sites and 35 spill . Registered Correction Action cleanup projects. Extensive experience with Texas Risk Reduction Program, State of Texas Leaking Project Manager(CAPM) State of Texas No. 00365 Underground Storage Tank Program, Texas Voluntary Cleanup Program, State Superfund Projects, RCRA, TSCA, and DOT regulations. Served as manager of CERTIFICATIONS: Technical Staff for the TNRCC's Emergency Response 0 OSHA 40 hr, 7/92, 8 hr refresher Program regarding leaking USTs for past eight (8) years. Have served as project manager for several (annually) high profile emergency incidents requiring extensive • Confined Space Entry 3/00 subsurface soil and groundwater investigation(s) and refresher(annually) subsequent development and implementation of . Asbestos Inspector Training, corrective action plans to address the contaminated University of Texas/Arlington, 1990 soil and groundwater media in accordance with the State and Federal requirements. Developed the compliance program for the City of Fort Worth's Underground Storage Tanks relating to removal, technical upgrades and release determination. Summary of Related Experience 1997-Present Technical Services Director/Senior Hydrogeologist, Eagle Construction and Environmental Services, L.P. Technical Services Director/Senior Hydrogeologist, Manage the Technical Services Department for Eagle including development of budgets, marketing, proposal and project development, project management and corporate management responsibilities. 1992-1997 Technical Services Director/Senior Hydrogeologist, Em Tech Environmental Services, Inc, 1990-1992 Vice President of Technical Operations Environmental Managers, Inc, Vice President of Technical Operations; Project Manager, Fort Worth Underground Storage Tank Program. Conducted hydrogeological, soil, geological and environmental studies. Preparation of technical environmental reports and environmental assessments on a variety of environmental projects. Prepare budget estimates/proposals for a variety of environmental investigations. 1989-1990 Hydrogeologist, Brown and Maclin Consulting Engineers Hydrogeologist; Conducted underground storage tank inventories, subsurface hydrogeological and geological studies. Prepared technical environmental reports and environmental studies. Coordinated with federal, state and local agencies on environmental issues. Trian K. Morel Health and Safety Manager gle Construction&Env. Services, L.P. Time allocated to contract—33% Health and Safety Director EDUCATION: Mr. Morel has extensive experience in Industria[ • Masters in Business Administration,Texas Christian University, 2003 hygiene with IAQ, air monitoring and noise studies and surveys for public and private sector clients. He has • B.S. in Environmental been the Site Health and Safety Officer on large scale Science/Industrial Hygiene and Superfund, petrochemical and other demolition and Safety - University of Houston, remediation projects, where he was responsible for 1997 OSHA compliance, QA/QC, safety audits and industrial hygiene activities in addition to personnel health and safety. Mr. Morel has extensive knowledge on local, CERTIFICATIONS: state, and federal occupational safety and health • OSHA Compliance Course - General regulations. Industry Occupational Safety and Health Standards Summary of Related Experience • OSHA 40-Hour HAZWOPER per 29 CFR 1910.120 1998-Present Corporate Health and • OSHA 8-Hour Supervisor/Manager Safety Director -Eagle HAZWOPER Construction and . Lead Risk Assessor/Inspector Environmental Services, . Asbestos Abatement L.P. • Confined Space Entry and Rescue Mr. Morel's responsibilities include studies and analyses • South Texas Safety Council of accidents causes and hazards, formulation of Industrial Safety Course general safety policies and procedures, compliance with local, state and federal Occupational Safety and Health Administration (OSHA) rules and regulations, design and use of equipment, shop, fire prevention and safety programs, maintenance of employee training records, DOT compliance, and worker's compensation compliance, and implementation of all other corporate health and safety functions. • Project Manager for various industrial hygiene and health and safety activities including the Sunday House Turkey Processing Plant industrial fire investigation. The fire resulted in ruptured anhydrous ammonia lines. The incident required air monitoring surveys to be performed to identify the location of ammonia leaks and levels of exposure. Mr. Morel provided clearance protocols for the Bureau of Alcohol,Tobacco, and Firearms arson investigation team. • Conducted training courses in accordance with 29 CFR 1910. He has also managed and conducted client-based safety awareness meetings and training for the following topics: OSHA 29 CFR 1910.120 and Confined Space Entry and Rescue, Benzene Awareness, Heat Stress Safety, Hand and Finger Safety; Back and Lifting Safety; Scaffold Safety; Ergonomics, and Asbestos and Lead Awareness. 1997-1998 Environmental and Safety Specialist Separation Systems Consultants,Inc., Clear Lake, Texas Conducted environmental safety and health training in 40-Hr HAZWOPER, Lead Abatement Supervisor, Lead Risk Assessor, Lead Inspector, Permit-Required Confined Space Entry and Rescue. Brian also performed as a Site Safety Officer for various projects including a Superfund Project in Alvin, Texas for Mercury clean-up. Ronnie Godsey District Manager Eagle Construction &Env. Services,L.P. Time allocated tv contract—20% District Manager EDUCATION: Twenty years of environmental emergency response, remediation and construction related experience for Associate Degree, Grayson various federal, state, and private sector clients. County Junior College (1978) Managed or supervised over 300 projects including 6 OPA removal actions, and 40 construction-related projects. Extensive experience with Texas State Superfund Projects and EPA Superfund sites. Extensive hands-on experience in remediation means CERTIFICAITONS: and methods, construction means and methods, safety, quality control, project management, scheduling, waste management, and cost accounting. • 40 hours OSHA Hazmat Managed projects including acids, bases, petroleum • 8 hours Refresher (2001) products, chlorinated solvents, pesticides herbicides, and metals. • 8 Hour Hazardous Waste Operations Supervisor Summary of Related Experience Training • 29CFR 1926.650 Excavation 12/97-Present Eagle Construction and Training Environmental Services, L.P. • Confined Space Training • Supervised 6 Texas State Superfund Projects • First Aid and CPR • Supervised the remediation/stabilization of several large gun ranges • Competent Person Training • Supervisor on large scale stabilization project ata Asbestos Awareness Safety federal prison Training • Lead Awareness OSHA 5/97 to 12/97 CenacEnvironmental 1926.62 (2000) Services • 40 hour Railcar Specialist Project managed various environmental projects and Training emergency response operations. • Project managed decon operations on a major oil spill off the coast of Louisiana • Head estimator • Project Manager on Baroid Drilling Fluids Inc. fire in Fuchan, Louisiana 3/94 to 5/97 Em Tech Environmental Services,Inc. Responsible for directing Emergency Response services in the Houston area. Experience includes PCB clean- up, rail car transfers involving chemicals such as chlorine and styrene. Project Manager/Supervisor on federal projects. Work also included tank cleaning, waste stabilization, dewatering of sludges as well as remediation concerns. • Instructor of heavy equipment • Emergency Response director • Operations manager for the Houston office Alan Corbitt Lead Chemist Eagle Construction& Env. Services, L.P. Time allocated to contract—33% Mr. Corbitt serves Eagle in the capacity of Lead Chemist out of our Fort Worth office. Mr. Corbitt has over 18 years of EDUCATION: experience on multiple hazardous, radioactive and toxic • B.S. Animal Science, Texas waste projects. Mr. Corbitt has extensive experience in A&M University, 1984 providing regulatory compliance guidance and he has . Distinguished Academic reviewed and approved permits and manifests for numerous Student projects involving hazardous, special and non-hazardous wastes. Mr. Corbitt has training in accordance with 40 CFR Commanding Officer of Unit 265.16 and 49 CFR 172, Subpart H and in addition has in Corps of Cadets experience in field sampling, waste characterization, large scale drum recovery and remediation projects, labpacking documentation, preparing waste stream assessment reports, environmental consulting, demolition, asbestos removal, ordinance removal and excavation. His project experience includes remediation sites, drum burial sites, ammunition plants and depots, power plants, refineries and chemical plants. Summary of Related Experience 2002-Present Eagle Construction and Environmental Services, L.P. Quality Control Manager Mr. Corbitt serves as the Quality Control Manager for Eagle. He is responsible for the coordination of quality control policies and procedures as they relate to each project. He is also responsible for ensuring compliance with all requirements as they pertain to each contract task order and the Quality Control Plan. Mr. Corbitt maintains up-to-date working knowledge of all applicable local, state and federal laws and regulations as well as other quality control guidance issues. Mr. Corbitt also serves in the capacity of a technical consultant and chemist for Eagle. 1996 - 2002 Design Environmental Services, Inc. -President Mr. Corbitt was the owner and president of Design Environmental Services, Inc. His responsibilities included technical consulting for environmental remediation and waste disposal projects, lab packing, field testing of unknown substances, high hazard handling and stabilization and routine waste disposal. Mr. Corbitt served as the Quality Control Manager for each project performed enforcing all local, state and federal regulations as well as the designed company quality control/ quality assurance plan. 1997 - Present. Texas Dept. of Public Safety clandestine drug lab contract, Dallas PD. Lead Chemist. Clean up of clandestine methamphetamine labs. Characterization, segregation, packaging, profiling and manifesting encountered materials as per 40, 49 CFR September, 2002 - University of Arkansas, Fayetteville, Arkansas. Lead Chemist. Identification, segregation, packaging, profiling and manifesting approx. 700 unknown, unearthed chemical bottles and containers. November 1999 - Central Methodist College, Fayette, Missouri. Lead Chemist. Approx 600 unknown, 4,000 labeled containers. Unknowns were identified, labeled, packaged with appropriate known containers as per 40, 49 CFR, profiled and manifested for transportation and disposal. July 1998 - GOEX, Cleburne, Texas. Lead Chemist. Approx 300 unknown, experimental chemicals and precursers up to, and including high explosives. Approx 700 labeled materials. Energetic and high explosives destroyed on site. Remaining chemicals profiled, manifested as per RCRA/DOT regulations. E mith II Response Foremannstruction do Env. Sen ices,L.P. Time allocated to contract—40% Response Foreman CERTIFICATIONS: Mr. Smith serves as a site supervisor for Eagle. • OSHA 40 hr HAZWOPER He oversees various remediation and Certification decontamination projects throughout Eagle as well • OSHA 16 hr Confined Space as the performance of emergency services in Certification conjunction with Eagle's emergency response • OSHA Supervisor Training strike team. He has hands on experience in the Course operation of numerous pieces of instruments and • OSHA Incident Command equipment, including Haz-Cat Testing. System Certification • OSHA Driver Qualifiacations and Regulations, 49 CFR Summary of Related Experience Parts383, 387, 390-399 1997-Present Site Supervisor, Eagle Construction and En vironmenta/Services, L.P. • As an emergency response supervisor, Mr. Smith has been in numerous situations where there was an unknown substance present. On a regular basis he performs Haz-Cat testing to identify these unknowns for many of our clients. • Served as the site supervisor for the decontamination and cleaning of the Dallas Airmotive facility in Dallas, Texas. His duties included the decontamination and cleaning of the process lines and vats at the Dallas Airmotive facility. • As the site supervisor at the Arlington Memorial Hospital in Arlington, Texas, Mr. Smith managed the excavation of contaminated soil from a diesel spill. His duties included the excavation,transportation to an approved landfill as well as backfilling and site restoration. • Mr. Smith has been the site supervisor for numerous decontamination and demolition projects for Bell Helicopter in the Fort Worth area. His duties included the oversight of decontamination, demolition, construction and remediation activities for various environmental projects at the Bell Helicopter facility. • He was the site supervisor for the decontamination and removal of the process line at the Raytheon facility in Lewisville, Texas. His duties included the removal and disposal of waste product as well as the complete decontamination of all process lines, vats and tanks. E rey" L. Smith III Emergency Response Supervisor nstruction & Env. Services, L.P. Time allocated to contract—40010 Emergency Response Supervisor Mr. Smith has over 6 years experience in CERTIFICATIONS: environmental emergency response, remediation, consulting and construction for federal, state and • Basic Rappelling, TCJC, 1989 private sector clients. He has managed over 300 Incident Command, TX A&M, projects including plant decontamination, train 1991 derailments, trucking accidents, industrial fires, • RAIL Car Safety, 2002 confined space rescue and stand by, pipeline OSHA 40 hr, 8 hr refresher leaks, oil spill response (land and water), facility (annually) demolitions, soil stabilization, mass excavation, . BNSF & UPRR Safety Training groundwater recovery/treatment, and lab packs. (annually) He has a vast background in the • Tank Car Training, 2001 management/coordination of TNRCC Voluntary . Oil Spill ASS & MGMT, Eagle, Clean-Up Projects, TNRCC Superfund Projects, 2001 RCRA, TSCA, USCG, EPA, and DOT/RSPA . Chlorine Patch Kits, Eagle, regulated projects. Mr. Smith possesses hands-on 2002 experience in all phases of environmental projects . Tank Car Safety, Longview from the Incident Command Level to the FD, 2002 Technician Level. He has performed project management duties, supervision, waste disposal/transportation, and site safety. Mr. Smith has supervised projects involving Liquefied and Compressed Flammable Gasses, Poisons, Pyrophoric Compounds, Acids, Bases, Flammable Liquids, Pesticides/Herbicides, Chlorinated Solvents, PCBs, and Radiological Materials. Summary of Related Experience 1997-Present Emergency Response, Eagle Construction and Environmental Services, L.P. Mr. Smith is responsible for all personnel, equipment, and projects under his direction. He supervises job specific activities including but not limited to purchasing, invoicing, scheduling, estimating, dispatching, and personnel. He is responsible for managing jobs from $1 K to $1 M • As the senior response supervisor, Mr. Smith decontaminated a 1,000 square foot facility; managed crews from two to fifteen technicians. • Supervised the overall response to a release of 60,000 gallons of Ester Alcohol that resulted AWL in a contamination of more than 1,000 linear feet of ditch and a pond. The entire release of product was recovered and a "clean closure" was obtained under TNRCC guidelines • Supervised numerous tractor-trailer wrecks and the clean-up projects. Robert Clay V.P. of Operations Eagle Construction & Env. Services, L.P. Time allocated to contract—20% V.P. of Operations CERTIFICATIONS: Mr. Clay recently joined Eagle as our Vice President of Operations. Previously, he excelled as an Estimator/Project • M.S. Hazardous Waste Manger and moved on to the Gulf Coast Regional Manger in Management-College of Gonzales, Louisiana and La Porte, Texas. Over the past years Biological Sciences—Idaho Mr. Clay has managed hundreds of projects involving the State University remediation of hazardous materials, the decontamination of . B.S. Biological Science– facilities, soil stabilization, excavation, and groundwater California State University recover treatment. In his current role as Vice President of . BNSF&UPRR Safety Training Operations, Mr. Clay is responsible for overseeing all of (annually) Eagle's Branch offices and managers. During his time here, . OSHA 40 hr HAZWOPPER, 8 Mr. Clay has been instrumental in the successful management hr refresher(annually) and completion of numerous environmental projects involving . 24-hour Supervisor Training hazardous materials and bioremediation. Course • CPR Trained, Red Cross First Aid Summary of Related Experience . Confined Space 29 CFR 1910.146 Present- Eagle Construction and Environmental Services, L.P. • Site Supervisor on a large scale stabilization project for the Federal Bureau of Prisons in El Reno, Oklahoma. The project involves the closure of two chemical and two storm water lagoons. Initial treatability studies indicate the waste is hazardous due to the presence of various metals and volatile constituents. The sediments are being stabilized using cement kiln dust to reclassify the material as a non- hazardous waste. Once the contaminated material has been removed, a clay cap will be placed over the existing lagoons to prevent rain water infiltration. The project also involves the installation of a large storm water drainage ditch and the installation of several manholes and approximately 2,000 feet of storm water sewer. • Quality Control Officer on a responsible party funded superfund project consisting of excavation, transportation and disposal of 2,000 cubic yards of hazardous waste. • Quality Assurance Officer and Co-Project Manager at North Cavalcade State Superfund Site in Houston, Texas. Duties included Interim Health and Safety,Personal Monitoring Control,Confined Space Manager, Ambient Air Monitoring, soil testing, submittal preparation and coordination. Responsible for all day to day activities and project QA/QC activities. • Project Manager for a large scale excavation at the Mary Moore Elementary facility. Responsible for safety implementation of shoring and trenching activities. Solely responsible for budgeting and scheduling of all project resources. • Managed several projects involving the removal and destruction of USTs. Project Manager at Walnut Hill Wrecker Service's facility. Scope of work included the removal of five (5) 10,000-15,000 USTs with the closure of one (1)UST in place. Responsible for worker safety including real-time monitoring. • Project Manager and QC Team Leader for Sonics International, Inc. State Superfund Site located in Ranger, Texas. Field activities include excavation, loading and hauling of hazardous and non-hazardous soils, collecting surface and shallow subsurface soil samples and surface sediment samples using hand tools. Responsible for crew safety including real time monitoring activities. The project was completed on time and within budget. Marc W. Walraven Vice President/Contract Administration Manager Eagle Construction&Env. Services, L.P. Time allocated to contract—10% Program Manager/Contract Administration EDUCATION: Manager • Bachelors of Science, Petroleum Mr. Walraven serves as both the Vice President and Contract Engineering, Texas TechUniversity, 1986 Administration Manager for Eagle. Mr. Walraven has fulfilled these functions for the last eight years for Eagle • Doctorate of Jurisprudence, Texas Construction and Environmental Services, L.P. Tech University, 1989 • State Bar of Texas, 1989, United Mr. Walraven's responsibilities include monitoring quality States District Court for the control (via checklists completed on every project), Southern and Northern Districts of assigning projects to his staff of Project Managers, Texas, 1989, United States Court compliance with all state and federal environmental laws of Appeals for the Fifth Circuit, including CERCLA, TSCA, RCRA, DOT, and SWDA. As 1992, Environmental Law, South Vice President, Mr. Walraven has managed hundreds of Texas College of Law, 1993, projects including numerous multi-million dollar projects Environmental Law Litigation, simultaneously including emergency response, remediation, South Texas College of Law, 1990 and restoration projects. and Environmental Law, The In addition to managing projects in the field, Mr. Walraven University of Tulsa, 1990 also supervises corporate functions including the general CERTIFICATIONS: accounting and purchasing procedures. Mr. the is !� responsible for tracking costs on projects, procuring and • Tau Beta Pi (Engineering Honors managing subcontractors, ensuringproposal content is Fraternity) consistent not only with Eagle's policies and procedures but • Pi Epsilon Tau (Petroleum also requirements of the RFP, and supervision and review of Engineering Honors Fraternity) all estimates produced for clients. He is also responsible for . Phi Delta Phi (Legal Honors ensuring compliance with terms and conditions and Fraternity) regulation and with all contracts for Local, State, Federal, or . 29 CFR 1910.120 40 Hour Private entities. Hazardous Worker Course • 29 CFR 1910.120, 8 Hour Refresher Summary of Related Experience 29 CFR 1910.146 1993-Present Vice President, Eagle • Confined Space Entry Construction and Environmental Services • Lead Abatement Certification • Texas Corrective Action Specialists Supervises and is responsible for contract compliance and Representative administration, project management, project accounting and • Licensed Contractor Representative tracking, regulatory compliance, and resource management for Louisiana, Arkansas, New for the Company. Mexico, and Arizona, including Hazardous Materials Specialization 1989-1993 Attorney at Law, Kirk/and, Boudreaux, and Leonard, L.L.P. — Houston, Texas Performed and managed complex environmental, product liability, and securities civil litigation for various private- sector clients. Toe L. Walraven Presiclent Eagle Construction & Environmental Services,L.P. Time allocated to contract— 5% President EDUCATIONXERTIFICATIONS As Chief Executive Officer, Mr. Walraven directs • B.B.A. Southern Methodist and manages all environmental projects on a daily University, 1971 basis with the Project Manager. He has been in • 40 Hour 29 CFR 1910.120 Hazmat the environmental and construction business for Training well over 30 years. His superb managerial • 8 Hour 29 CFR 1910.1230 Refresher abilities is evidenced by the success of the Supervisor Training company. • 8 Hour 29 CFR 1910.146 Confined Space Entry Summary of Related Experience Present Eagle Construction and Environmental Services, L.P. President - Founded Eagle in 1981. Personally administers all phases of project costing, scheduling, employee assignment, and equipment requirements. Appropriates time to survey projects in progress. 1978-1980 Southwest Regional Manager for North American Railcar Corporation. Responsible for managing six (6) plants located in: Texarkana, Arkansas; Camden, Arkansas; Ferriday, Louisiana; Roscoe, Texas; Ranger, Texas; and Mira Loma, California. Also coordinated labor negotiations with plant employees at all locations. 1970-1978 Planned, organized, and built Texas Railway Car Corporation to 225 employees with gross revenue of 6 million annual sales. 1959-1970 Served four years as Carman Apprentice for Texas & Pacific Railway at Texarkana, Arkansas and Fort Worth, Texas. Also served in the capacity of round house and locomotive supervisor at train yard in Dallas, Texas. Appendix D: Corporate SOQ/Brochure r ell— Appendix E: Pre-Audit Checklists The City of Fort Worth Department of Environmental Management RCRA Hazardous Waste TSD Facility Audit Pre-Audit Package For: Waste Management Westside Landfill Date: 03/24/2004 Please print or type each response. Supporting documentation should be attached to any section as is needed. i 000, Section 1: General Information I. Date Pre-Audit Package completed: 03/24/2004 2. Primary Contact: Bill Johnston Title: Landfill Manager 3. Company Name: Waste Management 4. Facility Location: 12280 Camp Bowie W Aledo. Texas 76008 5. Telephone Fax Number: (817) 244-3500 Number: (817) 244-0845 Section 2: Facility Information 1. Is there a security system/fence around this Yes Describe: facility? 2. Are security guards No If so, when? used? 3. Is there an active landfill Yes If so, what types of wastes are accepted? nearby? DFW accepts any waste as lona as non hazardous and non Class 1 except asbestos. The waste can not have free liquids 4. What (if any) bodies of water are nearby and at what distance are they? Mary's creek borders the North 5. Describe site fire-fighting capabilities. Have a water truck and dirt and emergency personnel within 5 minutes ii Section 3:Federal and State Permits 1. List the name, address, and EPA and State ID numbers for all treatment, storage, and disposal facilities to be used for this project. Be sure to attach copies of any permits to show each are current: Westside Landfill 12280 Camp Bowie W Aledo,Texas 76008 TCE MSW Permit 1019-A 2. Attach proof of your company's registration with the EPA and State agency. 3. What were the dates of the latest federal and state inspections? Specifically, which agencies inspected? TCEQ comprehensive inspection Fall 2002 4. What were the results of these inspections? Include a description of any violations and corrective actions. Compliance no NOVs 5. What is the status of your RCRA Part B permit? NA 6. Please attach copies of your current insurance coverages. iii Section 4: Employee Training 1. List the minimum qualifications of all key positions that would handle wastes for this project. Include minimum college education, certifications, and other relevant training: All personnel trained onsite for proper waste handling 2. Attach resumes of key personnel who will be assisting with completion of this project. Section 5: Waste Inventory Control 1. What types of wastes are accepted/not accepted, and how are unacceptable wastes handled? Cannont accept hazardous or Class 1 waste except asbestos waste cannot have free liquids; waste is screened at the gate and working face, if unacceptable waste is found management is notified and the waste is handled properly 2. In general, describe the methods used to characterize wastes. 001, Profile sheet with corresponding analysis and/or process knowledge is submitted for approval to our Houston office. If approved, the waste is given a approval number which is then put on the manifest of each load that comes to the site. 00,01 iv Section 5: Waste Inventory Control, continued 3. What method is used to determine which treatment facility, landfill, or incinerator a waste is sent to? Landfill only 4. What procedures are used to ensure(verify) wastes are sent to their intended destination for disposal, treatment, etc.? Manifest every load Section 6: Environmental Monitoring 1. In general, describe your facility's groundwater monitoring program. How many groundwater monitoring wells are on site? Number of wells down gradient and number up gradient? Include groundwater monitoring for landfills, incinerators, and treatment facilities to be used for this project. 8 wells; Sup and 5 downgradient 2. In general, describe your facility's air monitoring program for air emissions. Include air monitoring for landfills, incinerators, and treatment facilities to be used for this project. We have a standard permit for the landfill; Title V application submitted but not approved and not NSPS. v Section 6: Environmental Monitoring, continued I How is stormwater runoff/run-on managed? Through TPDES permit with the TCEQ 4. What is your groundwater monitoring compliance status? All wells in detection monitoring r Vi AMMW The City of Fort Worth Department of Environmental Management RCRA Hazardous Waste TSD Facility Audit Pre-Audit Package For: Waste Management DFW Landfill Aft Date: 03/24/2004 Please print or type each response. Supporting documentation should be attached to any section as is needed. i AP"' Section I: General Information I. Date Pre-Audit Package completed: 03/24/2004 2. Primary Contact: Gary Barolet Title: Landfill Manager 3. Company Name: Waste Management 4. Facility Location: 1600 S. Railroad Street Lewisville, Texas 75067 5. Telephone Fax Number: (972) 459-1202 Number: (9 72) 459-1226 Section 2: Facility Information 1. Is there a security system/fence around this Yes Describe: facility? 2. Are security guards No If so, when? used? 3. Is there an active landfill Yes If so, what types of wastes are accepted? nearby? DFW accepts any waste as long as non hazardous and non Class 1 except asbestos 4. What (if any) bodies of water are nearby and at what distance are they? Elm Fork of the Trinitv River 3 borders of landfill 5. Describe site fire-fighting capabilities. Have a water truck and dirt and emergency personnel within 5 minutes ON- ii Section 3: Federal and State Permits 1. List the name, address, and EPA and State ID numbers for all treatment, storage, and disposal facilities to be used for this project. Be sure to attach copies of any permits to show each are current: DFW Landfill 1600 S. Railroad Street Lewisville, Texas 75067 TCEQ MSW permit# 1025-B 2. Attach proof of your company's registration with the EPA and State agency. 3. What were the dates of the latest federal and state inspections? Specifically, which agencies inspected? TCEQ comprehensive inspection Spring 2003 4. What were the results of these inspections? Include a description of any violations and corrective actions. Compliance no NOVs 5. What is the status of your RCRA Part B permit? NA 6. Please attach copies of your current insurance coverages. iii r Section 4: Employee Training 1. List the minimum qualifications of all key positions that would handle wastes for this project. Include minimum college education, certifications, and other relevant training: All personnel trained onsite for proper waste handling 2. Attach resumes of key personnel who will be assisting with completion of this project. Section 5: Waste Inventory Control 1. What types of wastes are accepted/not accepted, and how are unacceptable wastes handled? Cannont accept hazardous or Class 1 waste except asbestos; waste is screened at the gate and working face, if unacceptable waste is found management is notified and the waste is handled properly 2. In general, describe the methods used to characterize wastes. r Profile sheet with corresponding analysis and/or process knowledge is submitted for approval to our Houston office. If approved, the waste is given a approval number which is then put on the manifest of each load that comes to the site. Ook iv Section S: Waste Inventory Control, continued 3. What method is used to determine which treatment facility, landfill, or incinerator a waste is sent to? Landfill only 4. What procedures are used to ensure (verify) wastes are sent to their intended destination for disposal, treatment, etc.? Manifest every load Section 6: Environmental Monitoring 1. In general, describe your facility's groundwater monitoring program. How many groundwater monitoring wells are on site? Number of wells down gradient and number up gradient? Include groundwater monitoring for landfills, incinerators, and treatment facilities to be used for this project. 20 wells; 18 down and 2 upgradient 2. In general, describe your facility's air monitoring program for air emissions. Include air monitoring for landfills, incinerators, and treatment facilities to be used for this project. We have a standard permit for the landfill; Title V application submitted but not approved and not NSPS. v Section 6: Environmental Monitoring, continued 3. How is stormwater runoff/run-on managed? Through TPDES permit with the TCEQ 4. What is your groundwater monitoring compliance status? We have 4 wells in assessment monitoring for VOAs Vi `r f Appendix F: Generic Site Specific Health & Safety Plan ~ EMERGENCY RESPONSEXONTINGENCY PLAN 1.0 Emergency Response This section describes contingencies and emergency planning procedures to be implemented at the site. This plan shall meet requirements of local, state, and federal disaster and emergency management plans as appropriate. 1.1 Pre-Emergency Planning All workers will be informed of the location of the incident and a map of the route to the nearest medical facility will be posted on-site. Location of this map will be discussed at the kick off meeting to advise personnel of its whereabouts. Ambulance Services 911 Fire Department Telephone No. 911 Police: 911 Sheriff: 911 Highway Patrol: 911 National Poison Control: 1-800-Poison 1 or 1-800-764-7661 National Response Center: 1-800-424-8802 SITE EMERGENCY NUMBER : 911-You can dial 911 for all emergency services. Note: When using a cellular phone outside the phone's normal calling area,caution should be exercised in relying poll on the cellular phone to activate 911.When outside the normal calling area,the cellular service carrier should connect the caller with emergence services in the area where the call was originated from-however:this may not occur. Back-up emergency services phone numbers should be provided when relying on a cellular phone to activate 911. Provisions of the emergency response plan, communications systems, and evacuation routes will be reviewed and revised , if necessary, by the Site Health and Safety Officer (SHSO). This will ensure that the plan is adequate and consistent with prevailing site conditions. Available Material Safety Data Sheets (MSDS) and a copy of the Health and Safety Plan (SSHSP) will be provided to the hospital if any personnel require treatment due to injury from chemical exposure on the job site. All employees will be briefed and a list will be kept on hand of the following: • Hospital, address and telephone number. • Ambulance service and fire department telephone numbers • The name and telephone number of the site supervisor, doctor, ambulance, hospital. fire and police will be posted at project phone. • Notification of Workers' Compensation Insurance Coverage. • Names, responsibilities, and authority of personnel assigned to implerl►en �rr$ec} _ ._ actions and the contingency plan. I • Procedures for detecting and quantifying airborne contaminants that may migrate off-site in addition to air monitoring as required. • Site security in the event of an emergency. • Record keeping and reporting requirements. • Discussion of the on-site emergency response procedures contained in the SSHSP. At the end of the meeting discussions shall be formally documented and appended to the SSHSP. 1.2 Personnel Roles and Lines of Authority President: Joe Walraven Vice President: Marc Walraven Corporate H&S Brian Morel Project Manager: To Be Determined Site Supervisor: To Be Determined Eagle's Corporate Office is directly responsible for the health and safety of our employees including safety programs to ensure safe employment and a hazard free workplace. This responsibility extends to assuring that field management personnel are trained and are competent to act responsibly at all times. The Corporate Health and Safety Director (CHSD), or his representative, is responsible for reviewing and concurring with the SSHSP for hazardous activities and activities where specialized training is mandated. The CHSD may designate other individuals as competent, qualified, or authorized persons as qualifications allow or as time permits. Additionally, he has the responsibility and authority to stop any activity, which appears to have unsafe practices, acts, or has the potential for imminent danger. He will also coordinate all safety reporting, perform accident analysis and interface with Sedalco, conduct or authorize inspections of the work site, equipment and tools, or other duties as required by the project. The CHSD will report findings and recommendations to the Project Manager (PM) and the Site Supervisor and will remain responsible to Executive Management. Mr. Brian Morel serves as the CHSD. The PM is directly responsible for the safety of all field (on-site) employees. He will coordinate activities of the Site Supervisor and SHSO, ensure that employees are adequately trained, ensure topics for the safety meetings are appropriate to the work being performed, ensure that the required sanitation and hygiene provisions are in place, ensure that the designated, competent, qualified and authorized persons are performing the functions as required in the SSHSP, and that this plan and all other safety requirements are being complied with by all on-site employees. The Site Supervisor has primary measures to ensure the safety of site personnel and the public. Possible actions may involve evacuation of personnel from the site area, and evacuation of adjacent facilities. He is additionally responsible for ensuring that corrective measures have been implemented, appropriate authorities notified, and follow-up reports completed. The SHSO may be called upon to act on the behalf of the PM or the Site Supervisor and will direct responses to any medical emergency. If an emergency situation occurs, the individual subcontractor organizations are responsible for assisting the Site Supervisor within the scope of the 0001, subcontractor's work. The Site Supervisor will be responsible for notifying all employees of the emergency warning device signal. The Site Safety Officer (SHSO) implements the on-site project safety program and procedures. He will conduct the daily safety meetings and will interface as required with other site representatives. The SHSO takes the following action(s) when appropriate: A safety log will be kept for all Eagle activities. This log will include daily safety meeting topics, training given, record of any first aid administered, and any incidents of a health and safety nature. The SHSO has the responsibility for implementing the SSHSP program and procedures. He will oversee any personnel monitoring and will decide when action levels have been reached which require more stringent personnel protection or alternate control measures. The SHSO is additionally responsible for: • Ensuring proper use of personal protective equipment. • Containing and mitigating unanticipated liquid releases, should they occur. Each Environmental Technician is responsible for his/her own safety as well as the safety of those around him/her. The Environmental Technician shall use all equipment provided in a safe and responsible manner as directed by his/her supervisor. On-site personnel at all levels are primarily responsible to ensure that the work place is free of recognized hazards which are likely to cause harm or serious injury to employees. The employee(s) must utilize the training provided, and if the work situation raises questions about safety, they are to stop work and seek supervisory personnel for resolution of their safety concerns. Employees also have a responsibility to comply with occupational safety and health standards. Employees should not knowingly or willfully conduct actions that are contrary to training received. Employee responsibility extends to seeking assistance from management whenever they believe that an action performed is contrary to company safety and health practices. Equipment operators are responsible for the maintenance, inspection, and safe operation of their equipment. A daily inspection will be made of equipment before daily activities begin. Any malfunction will be reported and repaired before engaging in work activities. Mobile equipment shall be operated by authorized employees who are, in the opinion of the Site Supervisor, qualified to operate the piece of equipment assigned. They shall comply with applicable operating instructions, limitations, and regulatory requirements contained in this SSHSP, and those posted at the construction site. Continued failure to comply with these operating and regulatory requirements shall be grounds for dismissal. Further, operators will not place or continue in service any equipment found to be in an unsafe condition. 1.3 Emergency Recognition/Prevention 400- Personnel will be trained in hazard identification. The SHSO/Site Supervisor is responsible for ensuring hazard prevention devices or equipment are available to site personnel. 1.4 Evacuation Routes/Procedures In the event of an emergency which necessitates evacuation of the area, the following procedures will be implemented : • Warning signal will be activated (One long blast of a horn unless signal is changed by the SHSO/Site Supervisor who will notify all concerned). • Proceed to contractor's lay down area. • Gather at the predetermined primary assembly area (relocate at predetermined secondary assembly area if necessary). • Perform head count to verify all present. • Notify CHSD, or his representative. Note: All procedures will be thoroughly discussed with all personnel and subcontractors at the kickoff of project. Any significant changes or additions or procedures will be discussed at the daily safety tailgate meetings. 1.5 Emergency Medical Treatment Procedures Any person who becomes ill or injured on-site must be decontaminated to the maximum extent possible. If the injury or illness is minor, full decontamination should be completed and first aid administered prior to transport. If the patient's condition is serious, at least partial decontamination should be considered. First aid should be administered while awaiting an ambulance or paramedics. All injuries and illnesses must immediately be reported to the PM, SHSO, and the CHSD, or his representative. Any vehicle used to transport contaminated personnel will be decontaminated as necessary. Any person who becomes ill or injured without the concern of contamination shall also seek appropriate medical assistance. Any person being transported to a clinic or hospital for treatment should be accompanied with a complete copy of this ERP. 1.5.1 Emergency Equipment and First Aid Requirements Eagle will provide the following on-site emergency and first aid equipment: 1) The active work area shall be provided with approved emergency eye wash and a minimum rating 2A-IOB:C Type dry chemical fire extinguishers. Units will be portable. 2) At least one "industrial" first aid kit, approved by a consulting physician to comply with 29 CFR 1926.50(d)(I) shall be provided and maintained fully stocked at an easily accessible, uncontaminated location. If active work areas are isolated or separated as to make one (1) first aid location impractical, first aid stations shall then be established, as required in close proximity to the work, but not inside a contaminated work area. 1.6 Fire or Explosion In the event of fire or explosion. evacuate and contact the Fire Department Phone Number 91 1. Upon their arrival, the PM or Site Supervisor will advise the Fire Commander of the location, nature, and identification of any known hazardous materials in the affected area. 1.7 Spill or Leaks In the event of a spill or a leak of fuel or oil, site personnel will inform the Site Supervisor. The Site Supervisor will then initiate the proper containment and cleanup procedures which include: 1. Containment of free liquids through use of berms and dams. 2. Solidification of free liquids with absorbent material. 3. Excavation of contaminated soil. 1.8 Emergency Equipment/Facilities 0011 All emergency alerting and response equipment shall be available at the interface of the support and contamination reduction zones. At a minimum, this shall include the following: • Air Horn • First Aid Kit • Fire Extinguisher(2A-IOB:C) • Mobile Phone 1.9 Protection to the Public The work area will be determined an exclusion zone and unauthorized access will be strictly prohibited. Sedalco must notify Eagle in writing of any one who is authorized access to the exclusion zone. Yellow caution tape shall be utilized to provide adequate warning of hazards to workers and the public, visible at work zone entrances. Although the American facility is secured from all access to the general public, the banner tape will be utilized to identify the following areas: • Exclusion Zone Rork Areas • Decontamination Areas • Spill Areas 1.10 Decontamination ------ ---- �- Decontamination will be set up for personnel and equipment just inside the Exclusion Zone.All Decontamination Stations will be lined with poly plastic and bermed when the potential for run- off exist.All personnel and equipment must undergo decontamination prior to leaving the Exclusion Zone. 1.11 Critique of Response Actions At the conclusion of each Emergency Response, a critique of the operation will be conducted with all personnel involved. During the critique, all personnel will be given the opportunity to share any ideas on what he/she felt may have gone right or what areas may need improvement. All information gathered at the critique session will be used to improve training for future Emergency Responses. 1.12 Plan Changes Changes made to this plan during the execution of the project will documented by the SHSO or Site Supervisor marking up changes and forwarding to the CHSD for revision. This marked up copy of the plan with the SHSO's signature will be maintained in the project files on site for documentation. Enter Changes to Section Date Time SHSO's Signature APPENDIX A (Route to Hospital) APPENDIX B MSDS ..b 2.9 FINANCIAL STATEMENT Providers must provide a current certified or compilation financial statement within this section of the Proposal. The financial statement shall be no more than six (6) months old. INCLUDE A COPY OF THE STATEMENT FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE OOW DEM04-04:ESR MARCH 4, 2004 2-30 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. FINANCIAL STATEMENTS AND REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS May 31,2003 PHILLIPS&COMPANY,L.L.P. Certified Public Accountants 500 Chestnut, Suite 901 Abilene, Texas 79602 C o 0 PHILLIPS & COMPANY , L . L . P . Certified Public Accountants Edgar A. Phillips, CPA Phone (915)677-7991 Charles F. Egger,CPA Toll Free (800)477-1848 David M. Smith,CPA Fax (91.)677-7048 Report of Independent Certified Public Accountants Partners Eagle Construction & Environmental Services, L.P. Eastland, Texas We have audited the accompanying balance sheet of Eagle Construction & Environmental Services, L.P. as of May 31, 2003, the related statements of earnings, and cash flows for the five months then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards in the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Eagle Construction & Environmental Services, L.P. as of May 3t, 2003, and the results of their operations and their cash flows for the five months then ended, in conformity with generally accepted accounting principles in the United States. ga' ' � CERTIF ED PUBLIC AC OUNTANTS June 20, 2003 500 Chew= - Suite 901 ■ Abilene,TX 79602 Mailing Address:P.O.Box 3034 ■ Abilene,TX 79604 EAGLE CONSTRUCTION &ENVIRONMENTAL SERVICES, L.P. Balance Sheet May 31, 2103 ASSETS Current Assets Cash $ 290,378 Accounts receivable(net of allowance for doubtful accounts of $335.201) 9,881,385 Costs and estimated earnings in excess of billings 1,311,384 Inventories 293,921 Current maturities of long-term receivables 531,114 Prepaid expenses 514,827 Total Current Assets 12,823,009 Property and Equipment,net of accumulated depreciation of$8,967,180 6,042,268 Other Assets Long-term receivables 2,124,879 Other insurance receivables 578,391 Other 92,408 Total Other Assets 2,795,878 TOTAL ASSETS $ 21,660,955 LIABILITIES AND PARTNERS'EQUITY Current Liabilities Book Overdraft $ 447,161 Current maturities of long-term debt 5,180,193 Accounts payable 3,126,666 Accrued expenses 753,866 Intercompany Payable 9,770 Federal Income Tax Payable 684,557 Billings in excess of cost and estimated earnings 169,249 Total Current Liabilities 10,371,462 Long-Term Debt 4,252,855 Deferred Income Taxes 422,784 Partners'Equity Partners'Equity 6,613,854 Total Partners'Equity 6,613,854 TOTAL LIABILITIES AND PARTNERS'EQUITY $ 21,660,955 The accompanying notes are an integral part of this statement. 2 P EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. Statement of Earmings For the Five Months Ended May 31, 2003 Income $ 16,309,896 Operating Expenses Cost of income $ 9,880,461 Compensation and benefits 2,963,793 Depreciation 614,626 Other operating expenses 876,903 Administrative 1,315,462 Total Operating Expenses 15,651,245 Income from Operations 658,651 Other Income and (Expenses) Interest Income 36,146 Interest expense (176,082) Other Income 1,521,950 Marketing (77,8 97) Total Other Income 1,304,117 Income Before income Tax 1,962,768 Income Taxes Current tax expense (684,557) f Deferred tax benefit 17,216 Total Income Tax (667,341) Net Income 1,295,427 Partners'Equity December 31,2002 5,318,427 Partners'Equity May 31,2003 $ 6,613,854 The accompanying notes are an integral part of this statement. 3 EAGLE CONSTRUCTION $ ENVIRONMENTAL SERVICES, L.P. Statement of Cash Flows Five Months Ended Max 31, 2003 Cash Flows From Operating Activities Cash received from customers $ 12,992,176 Cash paid to suppliers and employees (14,215,488) Interest received 36,146 Interest paid (176,082) Other income received 1,521,950 Other expenses paid (77,897) Net Cash Provided By Operating Activities $ 80,805 Cash Flows From Investing Activities Cash paid for property and equipment (290,946) Purchase of investments (12,401) Net advances on note receivables 258,196 Net Cash Used By Investing Activities (45,151) Cash Flows From Financing Activities Proceeds from debt 3,512,334 Principal payments and maturities of debt (3,961,186) Intercompany Payable 578 Net Cash Used By Financing Activities (448,274) Net Decrease In Cash (412,620) Cash at Beginning of Year 702,998 Cash at End of Period $ 290,378 Reconciliation of Net Income to Net Cash Provided by Operating Activities Net income $ 1,295,427 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation $ 614,626 (Increase)Decrease in Total Receivables (4,049,058) Costs and estimated earnings in excess of billings (926,789) Inventories (3,529) Prepaid expenses (288,343) Federal Income Tax Refund 1,554,519 Increase(decrease) in Book overdraft 447,161 Accounts payable 487,392 Accrued expenses 233,745 Billings in excess of costs and estimated earnings 48,313 Deferred income taxes (17;216) Federal income tax payable 684,557 Total adjustments (1,214,622) Net Cash Provided By Operating Activities $ 80,805 The accompanying notes are an integral part of this statement. 4 ! EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. I T NOTES TO FINANCIAL STATEMENTS May 31, 2003 NOTE A: SUMMARY OF ACCOUNTING POLICIES A summary of the significant accounting policies consistently applied in the preparation of the accompanying financial statement follows: 1. Nature of Business Eagle Construction & Environmental Services, L.P. (the Company) is engaged in environmental construction, remediation, and emergency response services. Since the Company entered the environmental work area in 1988 significant growth has been experienced. Management feels that additional growth in this area will be developed in future years. The Company has also experienced significant growth in its emergency response work and management expects this trend to continue as well. The Company has offices in Eastland, Ft. Worth, La Porte, and Cibolo, Texas, North Little Rock, Arkansas, and Gonzales, Louisiana, and Findlay, Ohio. 2. Ownership The ownership of Eagle Construction & Environmental Services, L.P. is: Eagle Construction & Environmental Services — 1, Inc. 1% (General Partner); Joe L. Walraven Family Partnership, Ltd. 77% (Limited Partner); and Marc W. Walraven 22% (Limited Partner). 3. Inventories Inventories are stated at the lower of cost or market. Cost is determined by the FIFO (first-in, first-out)method. (See Note C) 4. Property and Equipment Depreciation is provided for in amounts sufficient to relate the cost of depreciable assets to operations over their estimated service lives, principally on a straight-line basis for financial reporting. Modified accelerated cost recovery method is used for tax purposes on all assets acquired after 1986. The accelerated cost recovery method is used for tax purposes on all assets acquired from 1981-1986. A provision for deferred income taxes relating to depreciation temporary timing differences has been recognized. 5. Revenue and Cost Recognition Revenue from construction contracts is recognized by two methods. Long- term contract revenue is recognized on the percentage of completion 0011, method of accounting, measured by the ratio of construction costs incurred to date to management's estimates of total anticipated costs. 5 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. NOTES TO FINANCIAL STATEMENTS (CONTINUED) May 31, 2003 NOTE A: SUMMARY OF ACCOUNTING POLICIES -CONTINUED Time and material contract revenue is recognized as work progresses and revenues earned. Contract costs include direct materials and labor and those indirect costs related to contract performance, such as equipment hire, contract labor, employee expense, supplies, trucking and fuel costs. Selling and general and administrative costs are charged to expenses as incurred. The asset, "Costs and estimated earnings in excess of billings", represents revenues recognized in excess of amounts billed on incompleted long-term contracts. The liability, "Billings in excess of costs and estimated eamings", represents billings in excess of revenues recognized on incompleted long-term contracts. 6. Income Taxes The company has elected to implement Statement of Financial Accounting Standard No. 109"Accounting for Income Taxes." (See Note F). 7. Cash Eouivalents For purposes of the statement of cash flows, the Company considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. 8. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles in the United States requires management to make estimates and assumptions that affect reported amounts and disclosures. Accordingly, actual results could differ from the estimates. NOTE B: ACCOUNTS RECEIVABLE Accounts Receivable at May 31, 2003, consist of the following: Accounts Receivable—Trade $ 10,216,586 Allowance for Doubtful Accounts (335.201) Total S 9.881.385 Allowance for bad debts has been increased by $134,233 from December 31 2002 for possible uncollectible accounts at May 31, 2003. There has been no direct write off of any accounts during this period. 6 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. NOTES TO FINANCIAL STATEMENTS (CONTINUED) May 31, 2003 NOTE B: ACCOUNTS RECEIVABLE—(CONTINUED) The billed trade receivables at May 31 for long-term contracts totals $2,767,298, and the billed trade receivables for time and material contracts totals $6,764,426. NOTE C: INVENTORIES Inventories at May 31, 2003, consist of the following: Parts, Materials $ 263,561 Oil and Grease 10,187 Diesel Fuel 20,173 Total $ 293.921 NOTE D: LONG-TERM RECEIVABLES Long-term receivables include accounts receivable trade which have been converted to notes receivable, loan advances to third parties, sales of equipment on a note, and loans to employees. NOTE E: PROPERTY AND EQUIPMENT Following is a summary of property and equipment at cost, less accumulated depreciation, at May 31, 2003. Land $ 195,687 Building and Leasehold Improvements 2,233,676 Machinery and Equipment 4,109,834 Automotive and Transportation Equipment 7,836,671 Office Furniture and Equipment 633,580 Total 15,009,448 Accumulated Depreciation (8.967,180) Net S 6.042.268 The useful lives of property and equipment for purposes of computing deprecia- tion are: Building and Leasehold Improvements 2-39 years Machinery and Equipment 3-10 years Automotive and Transportation Equipment 3-6 years Office Furniture and Equipment 4-8 years Depreciation expense of$614,626 has been recorded for the five months ended May 31, 2003. 7 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. NOTES TO FINANCIAL STATEMENTS (CONTINUED) May 31, 2003 NOTE F: OTHER INSURANCE RECEIVABLES The Company pays the life insurance premiums ($80,270 and $12,159 annually) on two separate policies on the life of Joe L. Walraven. In the event of Mr. Walraven's death, the Company will be reimbursed for the full amount of premiums it has paid. The balance of the death benefits will go to the beneficiary. As of May 31, 2003, the cumulative premiums paid total $578,391. This represents the premiums paid on the split dollar fife insurance policies. The premiums paid through December 31, 2002 totaled $498,121. The premiums paid in 2003 are $80,270. The Company has reflected a receivable equal to the cumulative premiums paid. The net cash surrender value of the policies is $141,821. NOTE G: BOOK OVERDRAFT The book overdraft recorded at May 31, 2003 is a result of checks that were written and released but had not cleared the bank. This did not result in a bank overdraft. NOTE H: NOTES PAYABLE AND LONG-TERM DEBT Following is a summary of notes payable and long-tens debt at May 31, 2003: Notes Payable Revolving Line of Credit for$3,500,000 dated December 1, 2002, due June 1, 2003. Interest payable at Eastland National Bank, Eastland, calculated at the First National Bank of Abilene base rate, secured by inventory, equipment and accounts receivable. $ 3,382,000 Note payable to Eastland National Bank for$350,000 plus additional proceeds of$244,500 making the total note amount$594,500, dated August 14, 2002, due August 14, 2017. Interest payable at Eastland National Bank, Eastland, calculated at the First National Bank of Abilene base rate, secured by real estate. 466,668 Note payable to AFCO for financing of insurance in the amount of$520,372 dated March 28, 2003, due January 28, 2004. Interest payable at 3.799%. 378,452 Long-Term Debt: Note payable officers has no set repayment schedule or interest rate. 34,746 8 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. NOTES TO FINANCIAL STATEMENTS (CONTINUED) May 31, 2003 NOTE H: NOTES PAYABLE AND LONG-TERM DEBT(CONTINUED) Notes Payable to Eastland National Bank secured by equipment and accounts receivable of the company. Payable in monthly payments ranging from $424 to $44,151 including interest at First National Bank of Abilene base rate +Y2%, final maturities November 2005. 2,503,434 Note Payable to Eastland National Bank secured by assets of Eagle Railcar Services L.P. Payable in monthly payments of$35,139 at an interest rate of 4.75%. 2,113,919 Note Payable to Farmers & Merchants Bank secured by automotive equipment, payable in monthly installments of$333 at an interest rate of 8.0%. Final maturity at April 2004. 3,519 Note Payable to GMAC, secured by automotive equipment, payable in monthly installments of $1,152 at an interest rate of 1.9%. Final maturity at August 2004. 17,073 Note Payable to Eagle Holding Company. Note has no set repayment schedule or interest rate. The note is unsecured. 50,426 Note Payable to BMW secured by automotive equipment, payable in monthly installments of $659 at an interest rate of 6.9%. Final maturity at July 2007. 28,709 Note Payable to GMAC secured by automotive equipment, payable in monthly installments of $914 at an interest rate of 0%. Final maturity at April 2008. 53,006 Note payable to Community Bank secured by equipment, payable in monthly installments of $3,699 at an interest rate of 6%. Final maturity at May 2007. 157,500 t 9 EAGLE CONSTRUCTION S ENVIRONMENTAL SERVICES, L.P. NOTES TO FINANCIAL STATEMENTS (CONTINUED) May 31, 2003 NOTE H: NOTES PAYABLE AND LONG-TERM DEBT(CONTINUED Notes Payable and Capital Leases to Ford Motor Credit under retail installment contracts, payments ranging from $551 to $941 per month, including interest ranging from 0%to 8.75%, final maturities 2004-2007. 243.596 $ 9,433,048 Less Current Maturities 5.180.193 Long-Term Portion of Long-Term Debt 4.252.855 Following are maturities of long-term debt for each of the next five years ending December 31: 2004 $ 1,444,786 2005 773,776 2006 612,749 2007 528,667 2008 and later 892,877 Total S 4.252.855 NOTE I: INCOME TAXES The Company has adopted the Statement of Financial Accounting Standards No. 109 "Accounting for Income Taxes." Under the liabilities method specified, the deferred tax liability is determined based on the difference between the financial statement and the tax bases of assets and liabilities as measured by the enacted rates which will be in effect when the differences reverse. Deferred tax expense (reversal) is the result of changes in the liability for deferred taxes. The principal type of difference between assets and liabilities for financial statement and tax return purposes is accumulated depreciation. The effective tax rate differs from the United States Federal statutory tax rate of 34% principally due to the effect of tax depredation methods, graduated income tax rates, nondeductible items. NOTE J: RELATED PARTY TRANSACTIONS Related parties consist of I. Joe L. Walraven, President of the Company's general partner 2. Marc W. Walraven, Vice-President of the Companys general partner 3. Eagle Railcar Services, L.P., owned by Joe L. Walraven Family Partnership, Ltd. and Marc W. Walraven . This company is engaged in operations to renovate, repair, and maintain railroad cars. 10 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. ( � NOTES TO FINANCIAL STATEMENTS (CONTINUED) 1 May 31, 2003 NOTE J: RELATED PARTY TRANSACTIONS (CONTINUED) 4. Eagle Holding, Inc., owned by Marc W. Walraven. This company is an equipment leasing and rental company primarily leased and rented equipment to Eagle Construction and Environmental Services, L.P. This company is non-operating. 5. Fleet Equipment Leasing, L.P., owned by Marc W. Walraven. This company is an equipment leasing and rental company. 6. Denali, owned by Jennifer Walraven, wife of Joe L. Walraven. This company is an employee leasing company who leases employees to Eagle Construction and Environmental Services, L.P. The related party transactions include: 1. The Company leases its Eastland office and equipment yard from Joe L. Walraven, the President of the Company's general partner, under a lease agreement dated September 8, 1994. The term of the lease is for one year from September 8, 1994. The company has the option to renew the one-year lease in future periods. The company has an option during the term of this lease, with proper notice to purchase the property from Mr. Walraven. The lease is a triple net lease with monthly lease payment of �• $8,000 due on the first day of each month for the duration of the lease. 2. The Company leases its Fort Worth, Texas, office and equipment yard from Joe L. Walraven, the President of the Company's general partner, under a lease agreement dated October 20, 1994. The term of the lease is for one year from October 20, 1994. The company has the option to renew the one-year lease in future periods. The company has an option during the term of this lease, with proper notice to purchase the property from Mr. Walraven. The lease is a triple net lease with monthly lease payments of$4,500 due on the first day of each month for the duration of the lease. 3. The Company leases its Eastland, Texas, airplane hangar from Joe L. Walraven, the President of the Company's general partner, under a lease agreement dated May 20, 1994. The term of the lease is for one year from May 20, 1994. The Company has the option to renew the one-year lease in future periods. The Company has an option during the term of this lease, with proper notice, to purchase the property from Mr. Walraven. The lease is a triple net lease with monthly lease payments of$1,500 due on the first day of each month for the duration of the lease. 4. On October 1, 2001, the Company purchased the lease equipment from Eagle Holding Company for$1,960,607. At May 31, 2003, the balance of the note payable was $50,426. The note has no set repayment schedule or interest rate and it is unsecured. At May 31, Holding owes the Company $19,000 for expenses paid by the Company on behalf of Holding. 11 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. NOTES TO FINANCIAL STATEMENTS (CONTINUED) May 31, 20D3 NOTE J: RELATED PARTY TRANSACTIONS (CONTINUED) 5. Effective January 1, 2002, the Company sold its ownership in Eagle Railcar Services, L.P. to Joe L. Walraven Family Partnership, Ltd. and Marc W. Walraven. The purchase price was $2,474,496, the note payable amount due to Eastland National Bank. The Company is canying a note from the purchasers in an amount and terms equal to the note payable to the bank for the purchase of the railcar assets. The amount due from the purchasers at May 31, 2003 was $2,113,919. The Company owes Railcar $9,770 for expenses paid by Railcar on behalf of the Company. Railcar owes the Company$107,082 for expenses paid by the Company on behalf of Railcar. 6. In 2002, the Company began renting equipment on an as needed basis from Fleet Equipment Leasing, L.P. The Company will lend Fleet Equipment Leasing, L.P. the money to purchase equipment, and then lease the equipment. At May 31, 2003, the balance of the Note Receivable from Fleet Equipment Leasing, L.P. to Eagle Construction and Environmental Services, L.P. was $42,500. The rentals incurred in 2003 total $9,236. 7. On June 1, 2003, Jennifer Walraven started Denali Services, L.P. At May 31,2003, the Company had loaned Denali Services, L.P. $1,050 for start up costs. No other business has been transacted with Denali Services, L.P. NOTE K: OTHER LEASES On May 15, 1999, the Company entered an agreement with Cessano Builders, L.P. to lease office and warehouse spaces in Gonzales, LA. The lease was for 36 months at $3,500 per month. In May 2002, the Company renewed this lease on a month to month basis at$3,500 permonth. On May 5, 2002, the Company entered an agreement with Windsor Industrial Park Associates Ltd., a New Jersey limited partnership, to lease office space in Windsor, New Jersey. The lease was for 24 months at$6,412.50 per month. On November 30, 2002, the Company terminated operations in New Jersey, but is stili responsible for the lease. The Company is currently attempting to sub-lease the New Jersey property. 12 EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, L.P. NOTES TO FINANCIAL STATEMENTS (CONTINUED) May 31, 2003 NOTE L: SIGNIFICANT CONCENTRATION OF CREDIT RISK The Company has concentrated its risk for cash by maintaining deposits in Eastland National Bank. The excess of the deposit liabilities reported by the bank over the amounts covered by federal deposit insurance totaled $333,243 at May 31, 2003. Credit risk for accounts receivable—trade is concentrated because the balances are receivable from entities primarily located within the same geographic region of Texas, Louisiana, Arkansas, and Oklahoma. Diversity among the entities can mitigate the affect of the geographic concentration. NOTE M: 401 W PLAN In 1994, the Company began a 401(k) Plan so that eligible employees may contribute a portion of the pretax income into a retirement fund. The Company has made no election as to a contribution to the plan for 2003. 13 f Amw, SUPPLEMENTAL INFORMATION "" oiw PHILLIPS & COMPANY , L . L . P . Certified Public Accountants Edgar A- Phillips, CPA Phone (915)677-7991 Charles F. Egger,CPA ToU Free (800)477-1848 David M. Smith,CPA Fax (91 S)677-7048 INDEPENDENT AUDITORS' REPORT ON SUPPLEMENTAL INFORMATION Partners Eagle Construction & Environmental Services, L.P. Eastland, Texas Our report on our audit of the basic financial statements of Eagle Construction & Environmental Services, L.P., for the five months ended May 31, 2003 appears on page 1. That audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplemental information presented hereinafter is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the audit procedures applied in the audit of the basic financial statements taken as a whole. This report is intended solely for the information of the partners, and is not intended to be and should not be used by anyone other than the specified parties. t Company, Phillips& LLP June 20, 2003 500 Chestnut Suite 901 ■ Abilene,TX 79602 Mallin j Addrax P.O. Box 3034 ■ Abilene,TX 79604 ' n . I C V Nl7 l+l aDN � ry pp b � 1�0 C C NN N a IL m c� QQ cooapppp � A r N .0co .. arh �rgaor roti aro m9 pm ap qap p p ap���V Oti�r7 lD�amO.Nf N p q N W IL ANC%lcc 10 r m r � r �� p ti �NpOONrO N�N�S a cru a�it7$ag4m9 C-0 99 gg_ mom�y� dp25vp.0ap6 C4 m- cm oE aD�c�1�AAa� 11)4 cn Wco J _ ffimoo��o�25��mr° N .qQ cq .Q o LU VV a '- l7 V to C Nf�aNRp/pNmm��Nam r7 N QC Z m g M W U r 2 Z Z W Y Z U Q w Z w V ' IL j 0 LL y ¢Q CO) b oa>°N�° ZZ Z�y Z U>W C3 pH:iM:c �77Zc�1 Wz N r c R l7$ b M-N (V R 10 � cc N �g3a8" a 17 � � G 0 y : C) ° $ / @@o o@ / / � O \ » ew U @ $ w 4 cn w / Cl c 0 \ 4-34-3 >, o E 3 c \ / � 09 C: / g Q t F- 0 c O2 2 o ® @ % cl-I / • q Cl) . E O R / cow m2 w cn L 2 LU Co & ƒ � ' ` ƒ Co M / co c R 0 ® 2 � � G � E O 4 / / 2 m » / 0- a) / 00 ƒ 2 w « » m ak � � � 4 0 Cl) \ � � \ / k ° 2 G % C § m l 0 2 eQ c « \ 00 3 \ 2 $ / { \ + Job, o / / / \ � 7 \ k 2.11 VENDOR'S COMPI LANCETO STATE LAW The following information is required by the City of Fort Worthin order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non- responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate,with its bid, the Statement of Residency Form but in any event the low bidder shall submit this information within five (5) business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "resident bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident bidder" as a bidder who is not a resident. EAGLE CONSTRUCTION AND Bidder's complete company name: ENVIRONMENTAL SERVICES, L.P. State your business address in the space provided below if you are a Texas Resident bidder: 9701 East I-20; P. 0. Box 872; Eastland, Texas 76448 State your business address in the space provided below if you are a Nonresident bidder: *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity: Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and ' Has at least one employee who works in the Texas office Form prepared by. WOW' '- --wipe President of the G.P. (Name) (Title) Date: March 17, 2004 DEM04-04:FS R MARCH 4, 2004 2-32 Opp,, 2.12 INSURANCE CERTIFICATES 2.12.1 FOR PURPOSES OF THIS REQUEST FOR PROPOSAL, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE. 2.12.2 The successful Provider will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Provider shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Provider submit its entire policy for inspection. "A Commercial General Liability Insurance. $1,000,000 each occurrence $2,000,000 aggregate limit Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO) policy. Sudden pollution coverage may not be excluded by endorsement. All endorsed exclusions are subject to review of the City in order to determine if the exclusions are acceptable. 'B. Professional Liability Insurance: $ $1,000,000 each ocurrence. "C. Automobile Liability Insurance— a) Coverage on vehicles involved in the work performed under this contract: ? ? $1,000,000 per accident on a combined single limit basis or: ? ? $500,000 Bodily injury/person ? ? $250,000 Property damage A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000 Bodily Injury each accident; $15,000 Property Damage each accident. "D. Worker's Compensation— a) Statutory limits for Worker's Compensation plus b) employer's liability at a minimum: ? ? $100,000 each accident/occurrence; ? ? $100,000 disease- each employee; and ? ? $ 500,000 disease- policy limit. This coverage may be written as follows: DEM04-04:ES R MARCH 4, 2004 2-33 Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of$100,000 each accidenttoccurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. "E. Environmental Impairment Liability(FIL,), and/or Pollution Liability -$2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items 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). "F. 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 to include that the City of Fort Worth, its officers, agents, employees, representatives, and volunteers as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Fort Worth. "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. "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 shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) days prior written notice has been given to the Director of Environmental Management. City of Fort Worth, 1000 Throckmorton, Fort Worth, TX 76102-6311." "5. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A VII in the current A M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. DEM04-04:FSR MARCH 4, 2004 2-34 Oob� "6. The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by the City's Risk Manager. 7. Wavier of rights of recovery(subrogation) shall be in favor of the City of Fort Worth. "8. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. "9. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 1110. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis"". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the 001b. coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 11. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. 12. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. DEM04-04:ES R MARCH 4, 2004 2-35 03/17/2004 15:46 2546291165 KRP AGENCY PAGE 02/02 ACORD CERTIFICATE OF LIABILITY INSURANCEo3n �M PRODUCER K linneird Rownder&Pezry,Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TkE CERTIFICA7' 104 N.Lamar HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ! P.O.Box 351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO... Eastla>,d TX 76448 INSURERS AFFORDING COVERAGE INSURED EAGLE CONSTRUCTION AND ENVIRONMENTAL INSURER A7 ZURICH AMERICAN INS CO SERVICES,ILP INSu ER e: 9701 E.1-20 INSURER C: STEADFAST INSURANCE CO EASTLAND 1'X 76448 INSURER D' 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. IiSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION umrm GENERALLIASfIJTY GLO9273191-02 02/28/2003 03/23/2004 EACH OCCURRENCE s 1,000,000. X COMMERCIAL GENERAL LIABILITY FIRE DAMA one firel 1 100.000, CLAIMS MADE I X I OCCUIE MED EXP(Piny ale rear s 5,000 PERSONAL 8 ADV INJURY 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 2,000,000 X POLICY LOC I A AUTOMOBILE LL4BILM TAP92731093-02 TEXAS 02/28/2003 03/23/2004 COMBINED SINGLE LIMIT X ANY AUTO (Em ecGaern) 1 1,000,000 ALL OWNED AUTOS BAP9278178-02 OUT OF TX 90DILY INJURY E SCHEDULED AUTOS (Per Pereatl) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Par aoMenl) S X MCS-90 PROPERTY DAMAGE s (Per aGddent) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY: A $ EXCESS LIABILITY SUO 9273199 00 02,128!200303/2362004 EACH OCCURRENCE 5 41000,000. X :F_NT" UR U CLAIMS MADE AGGREGATE s 4,000,000.1 ] i UCTIBLE s Xw 10,000. WORKERS COMPENSATION AND WC STATU i EMPLOYERS'LIABILITY I E.L EACH ACCIDENT 1 E.L DISEASE-(;A EMPLOYEE $ E.L.DI -POLICY LIMIT P I OTHER C ProfessionaUPollution PEC 3746034-02 02/28/2003 03/23/2004 5,000,000I�,000,000 i DEBCRIPTTON OF OPERATIONS!LOCATIONS/VFOiICLESIEJ(CLUSION5 ADDED BY ENDORSEMENTISPECIAL PROVISIONS CITY OP FT WORTH,ITS OFFICERS,AGENTS;EMPLOYEES,REP'S&VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS OPERATIONS& ANDACTI=S OF OR ON BEHALF OF THE NAMED INSURED,PERFORMED UNDER CONTRACT WITH TIM CITY OF FT WORTH, THE NAMED INSURED,PERFORMED UNDER CON-jaACf WIT$THE CTT'Y OF PIT WORTII, CERTIFICATE HOLDER ADDITIONALINSURED!INSURER TIER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIE6 BE CAMMLLED BEFORE THE EXPIRATION CITY OF FT WORTH THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DOTS MIR(T'TEN DPT OF ENVIRONMENTAL MGE AD NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO GO BHA 1000 TIIROCKMOkRTON IMPOSE NO OCLIOATION OR LIA61LrrY OF ANY IONb L(PPN THEWSURER,R9 AGENTS O,, REPRESENTAn ES. FT WORTH TX 76102-6311 AUTHOrtt=D REPRESENTATIVE ACORD 2"(7/97) WP CORD CORPORATION 1908 03/17/2004 15:46 2546291165 KRP AGENC' PAGE 02/02 ACORD CERTIFICATE OF LIABILITY INSURANCE 0317/2004 PRODUCER i=ai.d,Rossander&Feu,,Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 104 N.Lamar HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O.BOX 351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Eastland TX 76448 INSURERS AFFORDING COVERAGE INSURED EAGLE CONSTRUCTION AND ENVIRONMENTAL INSURER A: ZURICH AMERICAN INS CO SERVICES,LP INSU ER B: 9701 E.1-20 INSURER C: STEADFAST INSURANCE CO EASTLAND 'T'X 76448 INSURER D 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 LS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LtM oFJWERAL LIAwuw GL09273191-02 02/28/2003 03/23/2004 EACH OCCURRENCE t 1,000,000. COMMERCIAL GENERAL LIABILITY FIREDAMA pn onefae t 100.000. CLAIMS MADE XX OCCUR MED EXP one awn t 5,000 PERSONAL&ADV INJURY 1 1,000,000 GENERALAGGREGATE t 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 2,000,000 POLICY F7 PRO. LOC A AUTOMOBILE LIABILITY TAP92731093-02 TEXAS 02/28/2003 03/23/2004 COMBINED SINGLE LIMIT X ANY AUTO (Ba accloen) $ 1,000,000 ALL OWNED AUTOS BA1a9278178-02 OUT OF TX BODILY INJURY E SCHEDULED AUTOS (p-DO—) HIRED AUTOS X BODILY"JURY NON-O WNED AUTOS (Per ewcldeNI) X MCS-90 PROPERTY DAMAGE t (Per ecddent) GARAOF LJABIUTY AUTO ONLY.EA ACCIDENT ANY AUTO OTHER T14AI'1 EA ACC t AUTO ONLY: AGG t EXCESS LIABILITY SUO 9273199 00 02/28/2003 03/23/2004 EACH OCCURRENCE 5 4,000,000. X OCCUR 7 CLAIMS MADE GGREGATE t 4000,000- S DEDUCTIBLE t X ENTION 110,000, WORKERS COMPENSATION AND INC STATU OTH- EMPLOYERT LIABILITY E.L.EACH ACCIDENT E.L.DISEASE-EA EMPLOYE S OTHER E.L.DIS -POLICY LlMff_j t C Professional/Pollution PEC 3746034-02 02/28/2003 03/23/2004 5,000,000/5,000,000 DESCRIPTION OF OPERATIONSILOCATiONWAMICLESIEXCLUSION6 ADDED BY ENDORSEMENTISPECWL PROVI&ONS CITY OF FT WORTH,ITS OFFICERS,AGENTS,EMPLOYEES,REP'S&VOLUNTEERS ARE ADDMONAL INSUREDS AS RESPECTS OPERATIONS& ANDACTIVIIIBS OF OR ON BEHALF OF THE NAMED INSURED,PERFORMED UNDER CONTRACT WITH THE CITY OF FT WORTH, THE NAMED INSURED,PERFORMW UNDER CONTRACT WITH THE CITY OF FT WORTH. CERTIFICATE HOLDER ADDITIONALINSURED:INSURER LETTER, CANCELLATION SHOULD ANY OF THE ABOVE O W M13ED POUC196 BE CANMU=BEFORE THE EXPIRATION CITY OF FT WORTH DATE THEREOF,THE IWUING INSUF&K WILL ENDEAvolt TO MAIL 45 DAYS WRITTEN / APT OF ENVIRONMENTAL MGE AD NOTICE TD THE CERTIFICATE HOLMR NAMED TO THE LEFT,BUT FAILURE To DC)$0 SHALLMIN i A 1000 AIJUROCKMORTON IMPOSE NO OOL10ATION OR LUUMLITY OF ANY N7Nb UPON THE INSURER, ITS AGENTS OR 1 FT WORTH TX 76102-6311 REPRESrNrAnyEL AUYHOgi=REPRESENTATIVE ACORD 26$(7/97) CORD CORPORATION 1988 DATE(MM/DD/YY) ACO D ><>>. .:.: ;: > ::>:::.> ,:; ;. `.. 112 12 0 04PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied N. America Corp. f TX ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12770 Coit Road, Suite 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. las, TX 75251 COMPANIES AFFORDING COVERAGE 2) 455-1400 F: (972) 387-8837 COMPANY - A American Home Assurance INSURED "-_•-- - — �.:' •� COMPANY EAGLE CONSTRUCTION AND B ENVIRONMENTAL SERVICES, LP COMPANY 9701 E. I-20 C EASTLAND, TX 76448 COMPANY D THISTP::,.:.:;..,.... ............. ..... L;..�;;HAVE:.:;::;•:;.N:::;:;.:;:<• :.T:.::.:: :-:;.;:•;NAM;::•;:.:ED ABO V:;:.:: .. ........................ .................... IS O CERTIFYTHAT THE OLICIES OF INSURANCE LISTED BE O BEEN ISSUEDO THE INSURED E 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(MWDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S CLAIMS MADE —1 OCCUR PERSONAL 6 ADV INJURY S OWNERS 6 CONTRACTORS PROT EACH OCCURRENCE S FIRE DAMAGE(Any one fire) S MED EXP(Any one person) S A AUTOMOBILE LIABR7TY 8261658-TX/8261659-OIS 03/12/0 4 03/12/05 COMBINED SINGLE LIMIT $1,000,000 y-IANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) S PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S TTH- A WORKERS COMPENSATION AND 6436276 03/12/04 03/12/05 TORYWCSTLIAMIU- OR EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $ PAATNERSfEXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATKTNSNEHK LES/SPECIAL REMS POLICY INCLUDES WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER. ............... TEi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL TRCHASING DEPARTMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE THROCKMORTON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIL F0r,T WORTH TX 76102 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORG'ED REPRESENT ........................... ....... ...... ....... ......::...............................:...::.............::.....:.:.:..:.:::::................. . f ....... ............................ ............. ... Q/� �ILJ 'i A O C ... ..... ...........CERTIFIC :.:<: :.;:.; . .:::.:: :: ..::.::::::::.::::::::::::::.::.::.::::::::::::::::::::::::::.::::::::.:........:.....:.::.::...::.:03 12 2 PRODUCER THIS CERTIFICATE IS ISSUED AS A•MATTER OF INFORMATION Allied N. America f Tx ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Corp.rP• HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12770 Coit Road, Shite 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. las, TX 75251 COMPANIES AFFORDING COVERAGE 2) 455-1400 F: (972) 387-8837 COMPANY A American Home Assurance INSURED COMPANY EAGLE EAGLE CONSTRUCTION AND B ENVIRONMENTAL SERVICES, LP COMPANY 9701 E. I-20 C EAS TLAND, TX 76448 COMPANY D tE3A .............. ................ .".:•..•. 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. COT'1(pE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MWDDNY) GENERAL LIABILITY GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S CLAIMS MADE OCCUR PERSONAL 6 ADV INJURY S OWNERS 6 CONTRACTORS PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ A AUTOMOBILE LIABILITY 8261658-=8261659-0/S 03/12/04 03/12/0 5 COMBINED SINGLE LIMIT 51,000,000 ANY AUTO ALL OWNED AUTOS BODILY KIURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S A WORKERS COMPENSATION AND 6436278 03/12/04 03/12/05 MAW ..:.._..... .. " EMPLOYERS'LIABWTY EL EACH ACCIDENT $ THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $ PARTNERSIEXECUTIVE OFFICERS ARE IXCL EL DISEASE-EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSR-OCATn)NS%Mi CLESrSPEC1AL REMS POLICY INCLUDES WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER. R17F#CA�E 1101»D1� fiAi�IC ,LitTft?#�i:::::..::::::.:::.::.:.::::::.::::..::::.. .........................::...:..:;::.>:;:.:;<;:.;;,:?:.:;-;?;:.:...::.::.:::............::.::::::::..:::::....:...........�..........:.........:.:._:._:......::::::.....::::.::::::.:::::::._:::::::.:.;.?:.;:.;:.;:..::::?;:-;::>;;:::<::<:>;:::=:•;:»;:.::: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL (ORCHASING, DEPARTMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1 THROCKMORTON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Fo xT WORTH TX 76102 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. :::w..,•r.,:.;{;;-ti.•.,,.y�. •r: :.,r:.:+•cc:a%{::c ,.a•fi•.• //.�•wt?::=:;:iw-+:;•:5:.:v+:•.•{.;.':'^?'a-:.•?h+:•+:.•:N} n• UTHOR® REPRESENTA A E .hv .....:..•.+ vv .:. 4..{ n.v.•4•:v?::v::.fi:.: x•:'.v h-h:.'N'v ....v...{rx GP'fii :4}:.h.:::A':K.•:•Y{+: ..:....... .�: 2.13 PROVIDER'S LICENSES & CERTIFICATES Provider shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Provider must provide a copy of the appropriate certifications, registrations, and licenses and related certificates (including Subcontractors) with their submittal. Provider should include copies of the Company licenses and certificates from EPA, DOT, TCEQ, etc. and provide copies of individual licenses and certificates upon request from the City. ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE DEM04-04:ES R MARCH 4, 2004 2-36 LICENSING Eagle is a licensed UST Contractor, Hazardous Waste Transporter, and an LPST Corrective Action Specialist. Eagle is qualified to perform work in Texas, Arkansas, Oklahoma,-New Mexico, Louisiana, Ohio and New Jersey, Michigan,Maryland and Pennsylvania. Some of the licenses held by Eagle are as follows.- - TEXAS: U.S. Coast Guard OSRO Certification No. 0085 TCEQ UST Contractor No. CRP000209 Exp. 04/30/05 TCEQ Sludge Transport No. 21700 Exp. 08/31/05 TCEQ Used Oil Filter Registration No. A85790 Exp. 12/31/05 TDH Asbestos Transport No. 40-0109 Exp. 12/10/04 TCEQ Reg. No. 41981 No Exp. Date USDOT Reg. No. 062303 008 014LM Exp. 06/30/05 USDOT 434064 No Exp. Date TXDOT ICC No. 239584 Exp. 12/31/04 RRC Reg. No. 0000038207 No. Exp. Date LPST CAS No. RCAS00088 Exp. 01/11/05 EPA No. TXD987983715 No. Exp. Date Texas Control Substances Registration Exp. 03/31/04 Trademark Certificate of Registration 03/13/07 NEW MEXICO: Contractor License No. 84969 Exp.03/15/04 ICC Permit No. MC-239584 No Exp. Date LOUISIANA: Contractor License No. 33497 Exp. 12/31/04 Collector/Transporter No. T-129-3605 No Exp. Date DOT Permit No. 29514 No Exp. Date OKLAHOMA: Hazardous Waste Transporter Exp. 02/01/03 Uniform Program No. UPM4340640K ARKANSAS: Contractor License No. 0007490404 Exp. 04/30/04 Hazardous Waste Transportation Permit Exp. 05/09/04 Permit No. H-123 0 OHIO: Foreign Limited Partnership No Exp. Date Registration No. 200211502560 NEW JERSEY: Contractor Certification No. 0115528 No Exp. Date Taxpayer ID No. 742-366-144/000 No Exp. Date MICHIGAN: Registration to Transact Business No Exp. Date D /Ct,TEO�. �0EPM Robert J.Huston,Chairman �� �� R.B."Ralph"Marquez,Commissioner ( a Kathleen Hartnett White,Commissioner Margaret Hoffman,Executive Director i TEXAS COMMISSION ON ENVIRONMENTAL QU Protecting Texas by Reducing and Preventing Pollution March 14, 2003 MR JOE L WALRAVEN EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LP PO BOX 872 EASTLAND TX 76448 Re: Renewal of Underground Storage Tank (UST) Contractor Registration for EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LP. Registration No.: CRP000209; Approved as of March 14, 2003 DEAR MR WALRAVEN: You have completed your renewal process with the Texas Commission on Environmental Quality (TCEQ) for EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LP as a Registered Underground Storage Tank Contractor. Please note that you will only receive this renewal approval letter and your last certificate will be valid so long as that certificate is not revoked and is renewed according to law. Your renewal of the certificate of registration allows EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LP to continue to engage in the installation, repair, and removal of underground storage tank systems in Texas. The Certificate .of Registration will explre on April 30, ?005. A renewal application will be mailed to you at least 60 days prior to the expiration. Any change of information j .o the registered contractor application during the validated registration year should be submitted in writing to the Executive Director of the TCEQ within ten days after the month in which the change occurs. The registered contractor is required to prominently display the above referenced contractor registration number on all bids, proposals, offers, and installation drawings. Please note that a registered UST contractor must have a licensed UST on-site supervisor at the site at all times during the critical stages of an UST installation, repair, or removal project. There are two types of licenses, A for installations and repairs and B for removals. If you have any questions, or wish to receive an application for license A& B please contact Wanda Kurio of the UST Contractor Registration Program at (512) 239-2191. Sincerely, Wanda M. Kurio Installer Licensing Compliance Support Division APUCRP000209 P.O.Box 13087 • Austin,Texas 78711-3087 • 512/239-1000 • Internet address:www.tceq.state.tx.us p.inivd nn paper using io-haad in4 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MW Municipal Solid Waste Registration Team PO Boz 13087,MC-129,Austin,TX 78711-3087 ft `� 512-239-6001, Option 1 Internet address: http://www.tceq.state.tx.us ffi h�zw TCEG July 28, 2003 MARC W WALRAVEN 'U'L 3 1 20C EAGLE CONST & ENVIRONMENTAL SER INC PO BOX 872 EASTLAND TX 76448 L Re: Renewal of Municipal Sludge and Similar Wastes Transporter Registration No. 21700 Dear Transporter: Please note that a Sludge Transporter Registration is enclosed instead of a copy of the submitted renewal application. This Registration reflects the most recent information received by the Texas Commission on Environmental Quality (TCEQ) and should be reviewed for accuracy. The registration number is required to appear on all tanks and containers used for the collection and transportation of sewage and similar waste. Additionally, this number should be used on all correspondence with the TCEQ. Issuance of this registration renewal is not an acknowledgment by the TCEQ that your operation is in full compliance with the rules and regulations of the TCEQ. The operation and management methods of your business are subject to TCEQ inspection and review at all times. Failure to comply with all state and federal rules and regulations regarding the transporting of sewage sludge and similar waste may result in enforcement action and/or the revocation of your transporter registration. If you have additional questions or comments regarding your transporter registration, please contact the Municipal Solid Waste (MSW) Registration Team at the address or the telephone number shown above. Municipal Solid Waste Registration Team Registration & Reporting Section Registration, Review & Reporting Division Robert J.Huston,Chairman R B,"Ralph-!Marquez,Commissioner —•5 ^-�^.fl Kathleen Hartnett White,Com»tassfrmer Margaret`Hoffman Executive Director TExAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution July 08,2003 MARC WALRAVEN EAGLE CONSTRUCTION&ENVIRONMENTAL SERVICES LP PO BOX 872 EASTI.,a,ND'.TX 76448-0872 Re;Registration for Used Oil Filter Activities at: EAGLE CONSTRUCTION AND ENVIRONMENTAL SER 9701 INTERSTATE 20 E EASTLAND,TX 76448-5615 TNRCC Registration No.A85790 REGISTRATION FOR THIS USED OIL FILTER HANDLER EXPIRES December 31,2005 Dear Registrant: The Texas Commission on Environmental Quality(TCEQ) has received your"Registration for Used Oil Filter Handier"form.Our records indicate that your application is administratively complete and you are currently registered in the State of Texas as the foilowing: TRANSPORTER A copy of this reglstration must be retained at your designated place of business and if you are registered as a transporter,in each vehicle used to transport the above mentioned. Your assigned TCEQ Registration Number is A85790. Please contact the TCEQ office within 30 days,whenever' * the office mailing address is changed; the registered facility name has changed; ` there is a change in ownership;or ` it is determined that the operations or management methods are no longer adequately described in the existing registration. If you should have any questions,please feel free to contact the Municipal Solid Waste (MSW) Registration Team at(512)239-6832 option 2. Used Oil Recycling Program Registration and Reporting Section Registration, Review,and Reporting Division cc;TCEQ Region 3-A3ILENE P.O.Box 13087 • Austin,Texas 78711-3087 • 5IZ239-1000 • Internet address:www.tceqstate.tx.us primed on agvied oyer cRr t n•5csW ink IO'd Z0:6 20OZ I T 1 nt 01139-6.2z—zIS:X2j 'l�3 3151 1 0 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY SLUDGE TRANSPORTER REGISTRATION Transporter Registration Number: 21700 7/24/2003 BUSINESS INFORMATION Company Name: EAGLE CONST & ENVIRONMENTAL SER INC Last Update: 7/24/2003 Tax ID: 74 2366144 Expiration Date: 813112005 Charter Number: Status: Active Business Type: Registered Since: Texas County: Eastland Cancellation Date: TCEQ Region: 3 Haul waste from TX to another state? Y Haul waster from another state to TX? N Physical Address: Contact Information: 9701 E IH 20 Contact Name: MR MARC W WALRAVEN EASTLAND, TX 76448 Phone: 254-629-1718 Ext. ailing Address: Fax: 254-629-8625 E-Mail: PO BOX 872 EASTLAND, TX 76448 Sticker Numbers Issued: The stickers listed below will expire on 8/31/2005. 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384 is is your registration which reflects the information submitted on your application to the Register or Renew as a Transporterof Muraicpal ge(s)and Similar Wastes. Requirements for transportation are provided in accordance with 30 TAC Chapter 312. Issuance of this registration A acknowledgement by the TCEQ that your operation is in full compliance with the rules and regulations of the TCEQ. Changes or additions referred to this notice require written notification to the TCEQ. 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CERTIFICATE OF REGISTRATION '( JAN 30 2003 faAhw C (� r; 411W FOR REGISTRATION YEAR 2003-2005 Registrant: EAGLE CONSTRUCTION & ENVIRONMENTAL SVCS Attn: Marc W Walraven PO Box 872 Eastland, TX 76448 This certifies that the registrant is registered with the U.S.Departrnent of Transportation as required by - 49 CFR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document. Reg. No: 062303 008 014LM Issued: 06/24/03 Expires: 06/30/05 Record keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1)A copy of the registration statement filed with RSPA;and (2)This Certificate of Registration Each person subject to the registration requirement must furnish that person's Certificate of Registration (or a copy)and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U.S.Department of Transportation upon request. Each motor carrier(private or for-hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the 'U.S. DOT Hazmat Reg. No.' in each truck and truck tractor or vessel (trailers and semi-trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available,upon request,to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, DHM-60 Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW, Washington, DC 20590,telephone(202)366-4109. + US CiepWn-alt 400 Seventh St.. S.W. r of TmnspprtaWn Washington. O.C. 20590 Federal Highway Administration jkit unv -t> >an� EAGLE CONSTRUCTION b ENVIRONMENTAL SERVICES, 817/629-1718 P.O. DOX 872 EAS'LAND. TEXAS 76440-0072 Dear Motor Carrier: This letter is to notify you of your USOOT number and to draw your attention to the requirement for Marking of Motor Vehicles in section 390.21 of the Federal motor Carrier Safety Regulations. A copy of this regulation is enclosed. Its primary purpose is to assist enforcement personnel in properly identifying motor carriers, thereby assuring the submission of accurate data to the Federal Highway Administration (FHWA) . If you are operating as a private carrier of property in interstate commerce or as an interstate carrier of migrant workers, this regulation requires you to mark all of your "self-propelled motor vehicles" (generally straight trucks and truck tractors) in accordance with the enclosed provision. The following USDOT Identification Number is assigned to the carrier shown above: USDOT434064 This letter is being sent to every motor carrier recently added to FHWA records. There has been no attempt to differentiate among private, migrant worker, for-hire, or other types of carriers because many carriers conduct operations in a combination of these classifications. If you have any gjesticn about compliance . ith this requiremtnt, please contact the office shown. below: FHWA OFFICE OF MOTOR CARRIERS 826 FEDERAL BUILDING 300 EAST EIGHT STREET AUSTIN, TEXAS 78701 512 / 482-5474 1 1 ` Y,I. T For-hire motor carriers operating in interstate commerce under authority issued by the Interstate Commerce Commission (ICC) are not subject to this regulation, but are required to mark their vehicles under a similar regulation issued and enforced by the ICC. The FHWA expects for-hire interstate motor carriers subject to its safety jurisdiction to comply with applicable ICC vehicle marking requirements. Motor carriers whose operations are both for-hire and private or some other type of operation (for example, a private carrier hauling its own products outbound from its own facility and operating for-hire on the return movement) may fulfill the vehicle marking requirements contained in section 390.21 by displaying their ICC number at all times. If you receive more than one of these letters referencing different USDOT identification numbers, it is probably because of mergers, acquisitions or reorganizations that have occurred but are not yet reflected in our records or because divided record authority has been granted and separate numbers were inadvertently issued. If you receive more than one letter you should contact the FHWA Motor Carrier office shown above to determine which number is most appropriate. When a determination has been made, please return the other letters to the FHWA Motor Carrier office with a brief explanation as to which number is being used. 1 10%, If this letter is received at a location other than at your principal office, for example a terminal or an area office, the letter should be forwarded to your principal office. If there has been a change in your motor carrier operation name or principal office address, please correct the information at the top of this letter and return it to the FHWA Motor Carrier office shown above (after noting your USDOT identification number) . 'Thank you for your cooperation in implementing this regulation. Sincerely, r John F . Grimm Director, Office of Motor Carrier Information Management and Analysis Enclosure 'jW Texas Department of Transportation DEWITT C.GREER STATE HIGHMY BLDG.•125 E.11TH STREET•AUSTIN,TEXAS 78701-2483•(512)463-8565 CCT 1 21]`13 REGISTRATION RECEIPT - Truck Effective: 01/01/2004 Expires: 12/31/2004 TX Dept. of Transportation Receipt No: TRM053469 (Initial Order) Post Office Box 12984 Austin, TX 78711-2984 (800) 299-1700 This receipt authorizes this motor carrier to operate in the following states: In accordance with Public Law 104-88, *********,AR(00013) ,LA(00013) ,MO(00013) , this receipt (evidencing compliance OH(00013) ,OK(00013) ,TX(00013) , ********* with FHWA registration regulations) must be carried in the vehicle cab and may not be altered. Alteration will result in confiscation and penalties. ICC Nbr: 239584 EAGLE CONSTRUCTION AND ENVIRONMENTAL SERI 9701 E. I-20 EASTLAND, TX 76448 Form RS-3 Mail to: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P. P.O. BOX 872 EASTLAND, TX 76448 An Equal OODoriunity Emn/over . i HIA RAILROAD COMMISSION OF TEXAS TRANSPORTATION/GAS UTILITIES DIVISION CERTIFICATE OF REGISTRATION Certificate of yr_a� _ •- .�• __= Date Issued: 06/26%95... , Registration No: 0000038207 Having fulfilled the .application requirements .of the Railroad Commission of Texas - ( $'Commission•") relating;to,. the registration•.of' commercial motor vehicles;' this:Certificate; of Registration is hereby granted to. ;.,,;: , j EAGLE CONSTRUCTION & _.ENVIRON. • SERV. ;INC,= P.O. BOX 872 _- EASTLAND TX 76448 This Certificate of Registration authorizes the Commission 's _Z: -issuance of cab cards to each commercial, motor vehicle registered s with the Commission. This registration is not applicable to the transportation of household goods by a "motor carrier" as defined in the Texas Motor Carrier Act. This Certificate of Registration is not transferrable. -t VOID IF ALTERED ' -=%j.' • w Robert J.Huston,Chairman /�� E 0" , R. B.'Ralph"Marquez,Commissioner �/► Kathleen Hartnett White,Commissioner Jeffrey A.Saitas,Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and&enenineg r"uifiirG72 December 10, 2002 n �I T U .Ul j"i MR. MARC W. WALRAVEN EAGLE CONSTRUCTION AND ENV. SERVICES, L.P. P.O. BOX 872 EASTLAND TX 76448 Re: Renewal of Registration as an LPST Corrective Action Specialist for EAGLE CONSTRUCTION AND ENV. SERVICES, L.P.; Registration No.: RCAS00088; Renewed as of December 10, 2002. DEAR MR. WALRAVEN: We are pleased to inform you that you have met all the requirements necessary for renewing your registration as an LPST Corrective Action Specialist. Please note that you will only receive this renewal approval letter, and r your last certificate will be valid so long as the certificate is not revoked and is renewed according to law. The Certificate of Registration will expire on January 11, 2005. The registered Corrective Action Specialist is required to prominently display the above referenced RCAS registration number on all bids, proposals, and offers pertaining to LPST corrective action services. A renewal application will be mailed to you at least 60 days prior to the expiration date. An application for renewal and all required additional information must be submitted to the Executive Director at least 30 days prior to the expiration date printed on this letter. Any relevant change of information to the registrant (e.g. change of employer, change of mailing address, etc.) during the validated registration period shall be submitted in writing to the Executive Director of the Texas Natural Resource Conservation Commission within 10 days after the month in which the change occurs. If you have any questions, please contact Yalonda Dover, Corrective Action Registration Program, at (512) 239-2192. Sincerely, Yalo a Dover Op ator Certification Section Compliance Support Division su blllonns�pms-i nlo\mN2nd-approval P.O. Box 13087 • Austin, Texas 78711-3087 • 512.1239-1000 • Internet address:www.tnrcc.state.tx.us primea nn recvdeJ paper using co)--nese ink w -1-r1 11 0 4 r_ 134 0 rI 40 C 0 C t� 4J W A C ro O N E m o „ w rocc abro 14 41 P ro �I vd)Co cate) b ., ,F, I.J rh -A *0o'o sa a c c QVC tn0 .dror10.I41U 0-14 d) a a �r �w ro t 4 o o ro 3 SEA Com+ „0cnPU bA b dj pi NL) H H mases G " b -� b- 3 -rf 4J to dw ' � $4 • �,Ab4J >+4 ( U, � ruro41 "Ai rW n4 U) I W to " 0a uW ,� u N >41rto c rx, �- 'J� N Z, rp M 13 O1AJ d V-.iZ,� a41 041 G � � E-4 0 04 ieH w go co co In In O Ri f �W � ,d � is H O NW rl ,I UP co Q � r1 I O w N Q U cn Cl cn 0zpry o w � 00 $ •.1 � Hf WW cW �4 O 't7.� Ao � sa cw4jo EN R rdi V OVdW %� �•d-• d) yAC N rd. r d � O N C w ro C � Z 01 as W 4)V 1) "t ro ro y O U) 03 44 dl U) c .+ A roA41 fu E-4 41 N C 0. w yyr»►r () U) U rn d rA ioA le N o M f• y M A �0 of 0 0) Uw C rn O11 O W s f1+i -q 11 41-A -0 43 CO G) O 1J $ d+ S-I .•1 la 11 "o � R ~ m 0 wd I~ c h o w-ri cod r. �. �� N v rn 4) .-I-.c 04 4) 0 N a H = MGGHA 0. dw = W RC Q O 0 � W LU ..odor •oo � Q W'' U W Q y W �. F L V O % Y, m 0 At TZ S 7 �•1 y�.X $� ? x 4 U) m FU p- � � i fu 0 4c o 10 � ~ - 4' 4 C o Z ¢ c C QLM vo oti r S cc M�- Z 0 FN 171 .0 to Z W O J ra N N co I— %5 dC N O oc . o w. W 0" IL W o O m w: 2.14 PROMER'S LEGAL AND Cn PfV LIANGE HISTORY Provider's legal and compliance history is a critical component of this Request For Proposal. Read this section with care and respond accordingly. Failure of the Provider to provide all the information requested and to certify the report, will result in the Provider's submittal being declared non-res pons ive. Provider shall attach a written report of legal action brought against: * Provider: * Provider's officers; * Provider's employees;AU12 * Provider's proposed subcontractors relating_to the protection of the environment. The report shall include all legal action brought within five (5) years of the closing date of this Request for Proposal The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. Include the following information for each case at a minimum: * Style of Case(X vs. Y) * Settlement Information (as appropriate) * Cause Number * Names/Addresses of all parties named * Court * Counsel List and phone numbers -, * Date of Disposition * Judgement and Order of Judgement "LEGAL ACTION' means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (formerly TNRCC; including its predecessor agencies the Texas Water Commission and the Texas Air Control Board), the Texas Department of Health, and any other state agency, commission or department,whether in Texas or elsewhere, as a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relating to the per] of the environment. In this context, enforcement action shall include without limitation,written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of: (a) Hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the: (1) Air, surface water, drinking water, groundwater, storm water, publicly owned treatment works,or land. DEM04-04:ES R MARCH 4, 2004 2-37 000, THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Provider, using the form on the following page. The top portion of the form is to be completed if a report is attached. The bottom portion of the form is to be completed if Provider has no legal actions to report. An authorized representative of the Provider shall mean (1) if the Provider is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) if the Provider is a partnership, a general partner; and (3) if the Provider is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT FOLLOWING THE CERTIFICATION PAGE BOUND WITHIN THE PROPOSAL PACKAGE 40011, 000, DEM04-04:ESR MARCH 4, 2004 2-38 Certification of Provider's Legal and Compliance History Complete ONE of the Fallowing Certifications: Certification of Legal Action Report I certify under penalty of law that the attached report of Provider's, Provider's officers, Provider's employees, and Provider's proposed subcontractors Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: BY: Company Name (print or type name of signatory) (signature) Title (print or type) Date Certification of No Legal Action I certify under penalty of law that the legal and compliance history of Provider, Provider's officers, Provider's employees, and Provider's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Provider, Provider's officers, Provider's employees, or Provider's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P. BY: Marc W. Walraven Company Na (print or type name of signatory) -'' Vice President of the G.P. (signature) Title(print or type) March 17, 2004 Date DEM04-04:ES R MARCH 4, 2004 2-39 000"- 2.15 HEALTH & SAFETY PROGRAM MANUALS Each Provider should submit a copy of their Corporate Health and Safety Program Manual and a copy of their proposed Health and Safety Plan for this project. INCLUDE A COPY OF THE PROPOSED HEALTH & SAFETY PLAN FOR THIS PROJECT FOLLOWING THIS PAGE, BOUND WITHIN THE PROPOSAL PACKAGE. INCLUDE A COPY OF THE CORPORATE HEALTH & SAFETY PROGRAM MANUAL BOUND SEPARATELY BUT MAILED WITHIN THE SAME ENVELOPE. DEM04-04:ES R MARCH 4, 2004 2-40 N C O Cc cn CL .� d 0 E N N c0 z c� a �a L CN i N v) 0 .N. OC O v) 0L- CL W N y, p C ` c0 N O• O O N 'p U p F-q N F-q N H N N vim) O v 0 N I m f co I CO G ca G co G cl-1 UZ UZ UZ cn N c0 m 3 � nO c0 c0 = p MO O N4 L- ul� �t (' tm a ', N +r m -� WP N a) ,tn C? .--I 00 '= o00 m m m CD O J 'y t 3 Q. E 'L a0 a ct. U c oa as C Q- U Wr G �= ~ G] LrIl QN (,FUO cU`0 .N. d 000 O r i l00 ii O O cc d " ca r G r-q iC 0 +, tua9 � a� H a) L) m� z v � O cca to to U) � 'C � G] rl �+ �T U) � N J 7 2 LL N •N O O N m N •ri r4 Vim) V) N N m O 3 N O � �' 2 o U 7 33 � � co \0 3 � fsi 4�� Q CV W City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/10/2004 DATE: Tuesday, August 10, 2004 LOG NAME: 52EMERSPILLRESP REFERENCE NO.: **C-20202 SUBJECT: Approval of Contracts to Provide Emergency Spill Response Services for the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into contracts with Eagle Construction and Environmental Services, L.P. and Protect Environmental Services, Inc. for emergency spill response services. These contracts will be for the period September 1, 2004, through August 31, 2005, with the option to renew for two additional one-year periods. The not to exceed amount for each contract is $25,000.00 per year. DISCUSSION: The City of Fort Worth has used environmental services contracts since 1994 for emergency spill response. These contractors are called out on an "as needed" basis for emergency spill response at all facilities and locations in and under the control of the City of Fort Worth, and in those instances where the health and welfare of the general public could be affected. A request for proposal was advertised on March 8 and March 15, 2004. Four responses were received on March 25, 2004. The proposals received were evaluated based on a pre-determined combination of qualitative and quantitative (point) measures. These measures included, but were not limited to, evaluation of such factors as experience, qualifications, cost, and technology methods. The unit prices to be paid under these contracts have been reviewed by staff and deemed reasonable. The cost of the emergency spill response will be based on the fee schedule included in the proposal. Total expenditures under both agreements will not exceed $50,000.00 per year. Neither vendor is guaranteed any work under the terms of these agreements. These contracts will be for the period beginning September 1, 2004 and ending August 31, 2005, with the option to renew for two additional one-year periods. Renewal options do not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, and the proposed FY 2004-05 operating budget, as appropriated, of the Environmental Management Fund. Logname: 52EMERSPILLRESP Page 1 of-2 1 TO Fund/Account/Centers FROM Fund/Account/Centers R103 539410 0524102 $50,000.00 Submitted for City Manager's Office by: Charles Boswell (6183) Originating Department Head_ Brian Boerner (6647) Additional Information Contact: Brian Boerner (6647) Logname: 52EMERSPILLRESP Page 2 of 2 ,.:::... .:. .. :.::::;.............TM...:.:..........::..::...:.'...'...:..;............................................:..:.:.........:.........:.:.:.................:..:...:..............:.....;...:...:M:. ::: :i:.: » :............. i:...: DATE (MMDIYY`iii ` . . i ........ 20..0. .,_AC RD . R' i :. : PRODUCER ::.. is .THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied N. America Corp. f TX ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P• HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12770 Coit Road, Suite 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75251 COMPANIES AFFORDING COVERAGE (972) 455-1400 F: (972) 387-8837 COMPANY — A American Home Assurance INSURED COMPANY ` EAGLE CONSTRUCTION AND B American Intl Specialty Lines ENVIRONMENTAL SERVICES, L.P. COMPANY 9701 E. I-20 C EAS TLAND, TX 76448 COMP,UTY D !F�'h:F[i...►?r= `'i i%^-'�'« <`± iii?% i»; >>> « < <i2 r..... i> <<s <<' >>�''>�'> > [> >< >`> E%` 'i`>`»<>ES y iiii+ici i% iE''%> :.:::.:::.::::::.:::::.:::. .:::::.:,. 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 I POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDNY) DATE(MM/DD/YY) B GENERAL LIABILITY PROP 1247309 1 03/23/04 0 3/12/0,5 GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG S CLAIMS MADE ® .00.000 OCCUR PERSONAL 6 ADV INJURY S OWNERS 6 CONTRACTORS PROT EACH OCCURRENCE S Incl Per Proi FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ A AUTOMOBILE LIABILITY 62616WTX/8X1659-O/S 03/12/04 03/12/05 COMBINED SINGLE LIMIT $1,0()0,000 ANY AUTO ALL OWNED AUTOS BODILY NJ" SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per sccdenq $ MCS90 PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 5 ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY PROU 1956210 03/23/04 03/12/05 EACH OCCURRENCE $ B UMBRELLA FORM , AGGREGATE S OTHER THAN UMBRELLA FORMTH S A I WORKERS COMPENSATION AND 6436278 (All States) 0 3/12/0 4 0 3/12/0 5 WE IM EF EMPLOYERS'LIABILITY 0. � EACH ACCIDENT $ i THE PROPRIETOR/ X IN EL DISEASE-POLICY LIMB $ PARTNERS�CUTTVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER B i Professional/ `PROP 1247309 03/23/04 03/12/05 (Included $1,000,000 Pollution i in Umbrella) PER OCC DESCRIPTION OF OPERATIDNWLOCATIONStVENICLES/SPECIAL ITEMS The City of Ft Worth, its officers,a(jents,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 Ft. Worth and signed by the named insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Department Of Environmental 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 908 Monroe Street, 7th Floor BUT FAILURE TO MAI- SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Ft Worth TX 76102-6311 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R TA