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HomeMy WebLinkAboutContract 49988 CITY SECRETARY Z46j I t C b CONTRACT NO._ t STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: TY OF TARRANT § Contract for Underground Storage Tank Removals and Installation of Aboveground Storage Tanks located at 4500 Wilma Lane, Fort Worth, Texas ENV 17-04: Village Creek PST This Contract is entered into by and between the City of Fort Worth ("City"), a home-rule municipality located within Tarrant, Denton, Johnson, Parker, and Wise Counties, Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Cobb Environmental and Technical Services, Inc. ("Contractor"), acting through Brian Cobb, its duly authorized President. City and Contractor may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH: That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 DEFINITIONS City means the City of Fort Worth. Change Order means an officially authorized and executed written amendment to this contract or to a Task Order, issued by the City. Contract Documents means this Contract; Invitation to Bid; Request for Proposals; Request for Qualifications; the Contractor's response to the Request for Proposal/Qualifications or Invitation to Bid; Bid Documents; attachments, pre-bid amendments, and appendices to the Request for Proposal/Qualifications or Invitation to Bid; Contract Attachments, Amendments, and Modifications, and all ancillary documents submitted with the Contractor's response to the Request for Proposal/Qualifications or to the Invitation to Bid or to the Contract. Contractor means Cobb Environmental and Technical Services, Inc. Notice to Proceed means the official letter issued by the City that authorizes Contractor to begin work. OFFICIAL RECORD Contract— PST Removal and Installation CITY SECRETARY Page 1 of 24 Cobb Environmental and technical Services, Inc. FT. WORTH, TX 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. ARTICLE 2 SERVICES Contractor hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A." This contract is to provide the City of Fort Worth with services during the term of the agreement. There is no guarantee of work granted by this contract and nothing in this contract is to be construed as an exclusive agreement with the contractor to provide the City with services of this type, or as an agreement by the City to guarantee the Contractor any specific projects or quantities of work. . City shall not pay for any work performed by Contractor or its contractors, subcontractors and/or suppliers that has not been specifically ordered by the City in writing on a duly executed Change Order. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. ARTICLE 3 COMPENSATION Section 1 Fee Schedule City and Contractor agree to the unit prices, employee labor rates, and other costs as specified in this contract. Contractor shall be compensated in accordance with the Fee Schedule shown in Attachment "B." Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A." However the total fee paid by the City shall not exceed a total of two hundred seven thousand and five-hundred dollars ($207,500.00) and the City will not be liable for any Contractor fees, costs, or other remuneration in excess of this amount unless the City has signed and issued a formal modification to this contract. Section 2 Notice to Proceed City will issue a Notice to Proceed to Contractor that detail the work to be performed by the Contractor. The Notice to Proceed will include the project address, scope of work, date to commence work, time period to complete work and the not to exceed payment amount. Contract— PST Removal and Installation Page 2 of 24 Cobb Environmental and technical Services, Inc. Contractor shall complete all work specified for each Task within the time specified in the Notice to Proceed unless an extension of time is granted in writing, with any such determination being made in the sole discretion of the City of Fort Worth. A working day is defined as each day exclusive of Saturday, Sunday, and declared holidays as designated by the City of Fort Worth. If a stop work order is issued by the City, the number of working days shall be tolled until the day the Contractor receives a written notice to resume work issued by the City. Should the Contractor fail to begin and complete any Task within the specified time, then the City shall have the right in its sole discretion to either(1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to City shall exceed the contract price, the Contractor and/or its surety shall pay City upon its demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. Section 3 Release upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Section 4 Invoice and Payment The Contractor shall provide monthly invoices to the City. All invoices must reflect the City Task Order number. Invoices shall contain a detailed breakdown to include: labor including employee name, functional title, date and hours of work performed; internal supplies and services provided; and external supplies and services provided. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. The Contractor shall also provide the City with quarterly updates showing the total and itemized costs incurred to the City for each task ordered and the amount remaining in the contract not-to-exceed amount. Contractor shall receive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the Contractor are caused by the City's gross negligence. Contract— PST Removal and Installation Page 3 of 24 Cobb Environmental and technical Services, Inc. ARTICLE 4 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term beginning upon the date of its execution until completion and acceptance by the City. ARTICLE 5 INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. 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 venture between City and Contractor. ARTICLE 6 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Work performed by Contractor shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approvals issued by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of Contractor or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder, which shall be performed in accordance with the applicable professional standard of care. In accordance with Texas Local Government Code Section 271.904, the Contractor shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Contractor or Contractor's agent, contractor under contract, or another entity over which the Contractor's exercises control. ARTICLE 7 INTELLECTUAL PROPERTY Section 1 Rights in Data The City shall have unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract. Contract—PST Removal and Installation Page 4 of 24 Cobb Environmental and technical Services, Inc. Section 2 Intellectual Property Rights and Ownership. All work product developed by Contractor under this contract shall be the sole property of the City and the City shall have unlimited rights in such work product. All work product developed by Contractor under this contract shall be considered "work for hire" and rights, title, and interests to all intellectual property shall vest in the City. Contactor affirmatively by executing this contract, disclaims all such intellectual property interests in favor of the City. In the event that any rights, title, or interest shall by operation of law or otherwise fail to vest in the City or become void or voidable, Contractor shall a) transfer all rights, title, and interest to intellectual property to the City; or alternatively and at the discretion of the City the Contractor shall b) grant an unlimited and exclusive license for publication, sale, reproduction, or use by the City and its authorized sublicensees of all intellectual property developed under this contract. Contractor agrees to timely execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State's ownership, license, or other rights to any work product. Contractor shall not use, sell, transfer, or authorize a third party to use any work product, copyrights, trademarks, or other intellectual property (or derivatives thereof) of the work product developed under this contract without the express written consent of the City. ARTICLE 8 INDEMNIFICATION Section 1 Definitions In this paragraph, the following words and phrases shall be defined as follows: Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to work performed under this contract or by the operations of the Contractor and Subcontractors, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; Contract— PST Removal and Installation Page 5 of 24 Cobb Environmental and technical Services, Inc. b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder: and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental Requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees,judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. Contract— PST Removal and Installation Page 6 of 24 Cobb Environmental and technical Services, Inc. Section 2 Indemnification General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 3 Environmental Indemnification Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES,AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 4 Contractor Obligations The obligations of the Contractor under this Article shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description and paying and discharging.. when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, City shall provide Contractor with reasonable timely notice of same. All Contractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. Contract— PST Removal and Installation Page 7 of 24 Cobb Environmental and technical Services, Inc. The obligations of the Contractor under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 9 INSURANCE Section 1 Insurance Coverage and Limits The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. 1. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate 2. Professional Liability—(Not Applicable for this Project) $1,000,000 each occurrence $2,000,000 aggregate Professional Liability Insurance shall be written on a project specific basis. The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five (5) years following completion of the contract(Tail Coverage). An annual certificate of insurance shall be submitted to the City for each year following completion of this contract. 3. Automobile Liability $1,000,000 each accident or $250,000 property damage / $500,000 bodily injury per person per accident The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit Contract— PST Removal and Installation Page 8 of 24 Cobb Environmental and technical Services, Inc. $100,000 disease - each employee Waiver of Subrogation Required. 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). Section 2 Additional Insurance Requirements Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. a. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. b. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102. e. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. f. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. Contract— PST Removal and Installation Page 9 of 24 Cobb Environmental and technical Services, Inc. g. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. h. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. i. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. j. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. k. All insurance required above shall be written on an occurrence basis in order to be approved by the City. I. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated such cancellation or termination shall not constitute a breach by Contractor of the contract. ARTICLE 10 LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. ARTICLE 11 TRANSFER OR ASSIGNMENT City and Contractor each bind themselves, and their lawful successors and assigns, to this Agreement. Contractor has been engaged as a consequence of Contractor's specific Contract— PST Removal and Installation Page 10 of 24 Cobb Environmental and technical Services, Inc. and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the City. Contractor, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City, ARTICLE 12 RIGHT TO AUDIT A. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting contractor 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 any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all 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 Contractor and any subcontractor reasonable advance notice of intended audit. C. Contractor and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE 13 MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 20020, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor acknowledges that a ten (10) percent (%) MBE goal has been established for this Agreement. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Contract—PST Removal and Installation Page 11 of 24 Cobb Environmental and technical Services, Inc. ARTICLE 14 NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article I I I of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising. hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 15 OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 16 DEFAULT If Contractor fails to begin work or to complete work within the time specified in a Task Order City shall have the right to take charge of and complete the work in such a manner as it deems appropriate. If the City exceeds the costs detailed herein or in the Task Order, City Contract— PST Removal and Installation Page 12 of 24 Cobb Environmental and technical Services, Inc. may deliver to Contractor a written itemized statement of the excess costs and Contractor shall reimburse the City for such excess costs without delay. If at any time during the terms of this contract, the work of the Contractor fails to meet the specifications of the Contract Documents or to meet the standards of duty, care, or proficiency of a reasonable and competent Contractor, City may notify the Contractor of the deficiency in writing. Failure of the Contractor to correct such deficiency and complete the work required under this contract or a Task Order to the satisfaction of the City within ten (10) days after written notice shall constitute default, and shall result in termination of this contract. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. ARTICLE 17 TERMINATION City may terminate this contract without cause by giving thirty (30) days written notice to Contractor. In the event of termination, any work in progress will continue to completion unless otherwise specified in the notice of termination. If the City terminates this contract under this provision, City shall pay Contractor for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the City may have. All data and completed or partially completed documents prepared under this contract shall be promptly turned over to the City upon termination of this contract. ARTICLE 18 VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 19 CONTRACT CONSTRUCTION This contract incorporates by reference all contract documents, which shall be binding upon the parties as if included herein. In the event of a discrepancy, this contract shall Contract— PST Removal and Installation Page 13 of 24 Cobb Environmental and technical Services, Inc. control over the other contract documents. The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. CHAPTER 252, TEXAS LOCAL GOVERNMENT CODE, "PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES" DOES NOT APPLY TO THIS CONTRACT FOR THE UNDERGROUND STORAGE TANK REMOVAL ACTIVITIES ASSOCIATED WITH THE TCEQ SUPPLEMENTAL ENVIRONMENTAL PROJECT LOCATED AT 4500 WILMA LANE, FORT WORTH, TEXAS. THE CONTRACT RESULTING FROM THIS PROCESS IS "A PROCUREMENT NECESSARY TO PRESERVE OR PROTECT THE PUBLIC HEALTH OR SAFETY OF THE MUNICIPALITY'S RESIDENTS" AS PROVIDED FOR IN SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE. ARTICLE 20 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. ARTICLE 21 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. ARTICLE 22 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Contract— PST Removal and Installation Page 14 of 24 Cobb Environmental and technical Services, Inc. ARTICLE 23 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. All costs and attorney's fees incurred by the City in the enforcement of any provision of this contract shall be paid by the Contractor. The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this contract and by law. ARTICLE 24 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid to the address of the other Party shown below: If to the City: City of Fort Worth Code Compliance Department— Environmental Quality Division Attn: Cody Whittenburg 200 Texas Street Fort Worth, Texas 76102-6311 If to the Contractor: Cobb Environmental and Technical Services, Inc. Attn: Brian Cobb, President P.O. Box 1602 Tupelo, Mississippi 38802 Contract—PST Removal and Installation Page 15 of 24 Cobb Environmental and technical Services, Inc ARTICLE 25 WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by contaminated soils, both generally and with specific regard to this project. 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. ARTICLE 26 NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 27 ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this contract and any other contract documents, then the terms of this contract shall govern, ARTICLE 28 AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. Contract—PST Removal and Installation Page 16 of 24 Cobb Environmental and technical Services, Inc. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. ARTICLE 29 BONDING Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth a payment bond if the contract is in excess of$25,000 and a performance bond if the contract is in excess of$100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100%the amount of the Contract.The performance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Contract, and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the 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. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. Contract—PST Removal and Installation Page 17 of 24 Cobb Environmental and technical Services, Inc. ARTICLE 30 MODIFICATION No modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral modification to a material term of the Contract Documents or a Task Order through the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract by the City, its employees, or agents. Remainder of page is left blank intentionally. Contract— PST Removal and Installation Page 18 of 24 Cobb Environmental and technical Services, Inc. ARTICLE 31 PREVAILING WAGE RATES Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts and Contractor shall comply with the Davis—Bacon Act for building and construction trades, and shall comply with the prevailing wage requirements as specified in the RFP for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. Remainder of page is left blank intentionally. Contract— PST Removal and Installation Page 19 of 24 Cobb Environmental and technical Services, Inc. ATTACHMENT A SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary to perform services as described below. The installation of one (1) double-wall UL142 and UL-2085 listed Split 6,000 gallon Convault® (3,000 gallons gasoline/3,000 gallons diesel) AST and connection to the existing OPW tank gauging system with components including but not limited to signage, bollard protection, dispensing, point of sale, fuel inventory, fuel monitoring, electrical, and communication systems. The project also includes removal of existing three (3), 2,000 gallon USTs including associated underground piping. Existing dispensers are to remain the property of the City of Fort Worth. Description of Work Activity Removal of three (3), 2,000-gallon USTs Excavation of tankhold Backfill,Compaction, Density Testing _.._.........._....-- Disposal of three (3), 2,000-gallon USTs Install one,6,000-gallon,Split Convault AST Install Concrete Foundation for AST Install 6" diameter Protective Bollards Install New Bennett Dispensers Install New Overhead Piping System Install OPW Fuel Vending System Install Applicable Signage Install Overhead Electrical System Install Morrison AST Remote Spill Container The Contractor will be required to deliver a turnkey fueling facility in full operational accordance with project specifications and all applicable industry standards and international, federal, state, city and county laws, rules, ordinances, and regulations. The Contractor will be required to verify all regulatory requirements and industry standards. Particular attention should be given to compliance with TCEQ requirements and related guidance set forth in 30 TAC §334. The Contractor will be responsible for determining and verifying the applicability of governing requirements. The three, 2000 gallon USTs which currently serve the Facility shall be removed and disposed of along with all associated pumps, pipes, fill ports, and ancillary equipment. The existing dispensers are to remain the property of the City of Fort Worth. All work shall be performed as described in project drawings and specifications (this and all sections). Contractor will work closely with the Owner to sequence construction/installation and Contract— PST Removal and Installation Page 20 of 24 Cobb Environmental and technical Services, Inc. demolition/removal activities to assure zero interruption and unreasonable inconvenience to Facility operations. The City will perform the following tasks under this contract: • Provide site contact information; • Provide site access; • Provide third-party environmental consultation, including construction oversight, sample collection, and close-out reports; and • Provide analytical laboratory analysis. Remainder of page is left blank intentionally. Contract—PST Removal and Installation Page 21 of 24 Cobb Environmental and technical Services, Inc. ATTACHMENT B COMPENSATION SCHEDULE THIS IS A FIXED-PRICE CONTRACT SITE CONDITIONS AND QUANTITIES IDENTIFIED IN CONTRACT ARE ESTIMATED BY THE CITY AND/OR THE CITY'S CONSULTANT, AGENT, OR DESIGNEE. THE CONTRACTOR IS RESPONSIBLE FOR CONDUCTING ITS OWN DUE DILIGENCE AND FOR VERIFYING ALL CONDITIONS AND QUANTITIES PRIOR TO EXECUTING THIS CONTRACT. CLAIMS FOR ADDITIONAL COMPENSATION DUE TO VARIATIONS BETWEEN QUANTITIES OR CONDITIONS ACTUALLY ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT DOCUMENTS WILL NOT BE ALLOWED. A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a total price not to exceed TWO-HUNDRED SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($207,500.00). B. The City shall not compensate Contractor in excess of the not-to-exceed amount unless the City has executed a written, authorized, and formal Modification to the Contract signed by the City Manager or an Assistant City Manager of the City of Fort Worth. It is expressly agreed between the parties that there shall be no oral modifications to this contract. C. The parties agree that TWO-HUNDRED SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($207,500.00), shall be the whole of compensation for all of the services specified in this contract. In the event of a discrepancy between any unit price and the contract not-to-exceed price, the not-to-exceed price shall prevail. In no event will compensation be greater than the not-to- exceed amount described herein. D. Quantities identified in the Request for Proposal were estimated quantities only Prior to submitting a bid, as noted in the Invitation to Bid, the Contractor was responsible for verifying all quantities upon which the Contractor's bid was based The Contractor was to rely exclusively upon its own estimates, investigation, research, tests, and other data necessary to supply the full and complete information upon which the Contractor's bid was based. It is mutually agreed that submission of a bid is prima-facie evidence that the Contractor has made all of the investigations, examinations, and tests required to make a fully informed offer. E. By executing this contract, the Contractor affirms and agrees that the Contractor has had the opportunity and duty to confirm all quantities prior to Contract— PST Removal and Installation Page 22 of 24 Cobb Environmental and technical Services, Inc. submitting a bid, and Contractor expressly waives any and all right to additional compensation other than the contract grand total as a result of any discrepancy between the quantities encountered and the estimated quantities in the Invitation to Bid and bid documents. F. The parties intend and agree that any change order or modification to this contract will be in the case of only the most extraordinary of circumstances. Any claims for additional compensation based upon variations between conditions actually encountered in this project and conditions as indicated in the Contract Documents will not be allowed Any claims for additional compensation proposed by Contractor will be examined by the City in consideration of the terms described herein and the Contractors request for additional compensation must clearly show why the variation was not identifiable prior to the Contractor submitting its bid. As used in this contract, "not identifiable" means that the Contractor a) performed all investigation, research, tests, and other data collection necessary to accurately determine quantities, and b) no reasonably possible investigation, research, tests, or other data collection could have identified the variation. The final determination as to additional compensation will be made at the sole judgment and discretion of the City. The remainder of this page is left blank intentionally Contract— PST Removal and Installation Page 23 of 24 Cobb Environmental and technical Services, Inc. SIGNATURE PAGE IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR Cobb Environmental and Technical Services, Inc. Fernando Costa Brian Cobb Assistant City Manag$er President Date: /i Zo/i7 APPROVED AS TO FORM WITNESS: AND LEGALITY: Christa eynolds Mary G. vis Senior Assistant ity A r y Cody M hittenbu Environ ental Program Manager � ti;;±ecTEC/fA( Cotporcyl ATT ST: Ar ` &7' ' �1 & �,SEA�a, � . i"O'- z SEAL Mary J. s r City Secretary ; * '"'�.y,�,,,mM!'+ ► ���o��°� Date: { M&C: C-la v CITY OF FORT WORTH 1295: 20 •-.)Lo5f 33 CONTRACT COMPLIANCE MANAGER By signing I acknowledge that I am the person responsible for the monitoring and administrate of this contract, including ensuring all performance and reporting require nts. CSC# Roger Grantham --------- Environmental Supervisor OFFICIAL RECORD CITY SECRETARY Contract—PST Removal and Installation FTS WORTH,TX Page 24 of 24 Cobb Environmental and Technical Services, Inc. REQUEST FOR PROPOSALS Fo RT Wo RT H UNDERGROUND STORAGE TANK REMOVALS AND INSTALLATION OF ABOVEGROUND STORAGE TANKS AT 4500 WILMA LANE, FORT WORTH, TEXAS PROTECT #: ENV 17-04 VILLAGE CREEK PST April 2017 TABLE OF CONTENTS 1.0 REQUEST FOR PR�O�POSAI 4 1.1 PROJECT DESCRIPTION 4 1.1.1 Scope of Work 5 1.2 GENERAL REQUIREMENTS 5 1.3 INTERPRETATION OF THE REQUEST FOR PROPOSAL 6 1.4 CONFLICTS&QUESTIONS 6 LS HOW TO SUBMIT A PROPOSAL PACKAGE 7 1.6 OPENING OF PROPOSAL 8 1.7 PROPOSAL EVALUATION CRITERIA 8 1.8 NEGOTIATION OF THE CONTRACT 9 1.9 AWARD OF THE CONTRACT 9 1.10 RESERVATIONS 9 2.0 PROPOSAL DOCUMENTS 11 2.1 PROPOSAL DOCUMENT CHECKLIST 11 2.2 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA 32 2.3 MINORITY BUSINESS ENTERPRISE(MBE)(BEST VALUE PROPOSAL) 13 2.4 PROPOSAL SUMMARY 15 2.5 PROPOSAL OF THE PROVIDER 18 2.5.1 TCEQ Notification and Project Coordination 18 2.6 LIST OF SUBCONTRACTORS 19 2.7 I N.SU RANCE 20 2.8 PROVIDER'S LICENSES&CERTIFICATES 22 2.9 STAFF AND PROJECT REFERENCES 22 2.10 PROJECT SCHEDULE AND PAYMENTS 22 2.11 PROVIDER'S LEGAL AND COMPLIANCE HISTORY 23 2.12. PERFORMANCE AND PAYMENT BONDS 26 2.13 BID SECURITY 32 ENV 17-04 Page 2 of 63 April 13,2017 2.14 PREVAILING WAGE RATE 33 2.15 WORKER'S COMPENSATION COMPLIANCE 34 3.0 UST REMOVAL AND AST INSTALLATION SPECIFICATIONS 37 3.1 UNDERGROUND STORAGE TANK REMOVAL 37 3.2 CONCRETE STANDARDS 40 3.3 BACKFILL AND COMPACTION STANDARDS 42 3.4 ABOVEGROUND FUEL STORAGE TANK(AST)AND ANCILLARY EQUIPMENT STANDARDS 43 3.4.1 Fuel Dispensing Equlpimmt 43 3.4.2 Quality Assurance 43 3.4.3 Products and Materials 45 3.5 ELECTRICAL—GENERAL PROVISIONS 52 3.5.1 Sebraktali 52 3.5.2 Record Drawings 52 3.5.3 Codes and Standards 52 3.5.4 Coordination of Work 53 3.6 ELECTRICAL REQUIREMENTS 55 3.7 PRODUCTS 58 4.0 DRAWINGS 63 ENV 17-04 Page 3 of 63 April 13,2017 1.0 REQUEST FOR PROPOSALS CHAPTER 252, TEXAS LOCAL GOVERNMENT CODE, "PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES" DOES NOT APPLY TO THIS REQUEST FOR PROPOSALS FOR THE UNDERGROUND STORAGE TANK REMOVAL ACTIVITIES ASSOCIATED WITH THE TCEQ SUPPLEMENTAL ENVIRONMENTAL PROJECT LOCATED AT 4500 WILMA LANE, FORT WORTH, TEXAS. THE CONTRACT RESULTING FROM THIS PROCESS IS"A PROCUREMENT NECESSARY TO PRESERVE OR PROTECT THE PUBLIC HEALTH OR SAFETY OF THE MUNICIPALITY'S RESIDENTS" AS PROVIDED FOR IN SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS REQUEST FOR PROPOSAL FOLLOWS A PROCEDURE ESTABLISHED BY THE CITY„ HOWEVER, BECAUSE THIS REQUEST IS EXEMPT FROM CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE, THE CITY RESERVES THE RIGHT TO NEGOTIATE A CONTRACT AFTER RECEIVING ALL PROPOSALS. THE CITY RESERVES THE RIGHT TO WAIVE ANY AND ALL IRREGULARITIES AND TO AWARD A CONTRACT IN THE BEST INTEREST OF THE CITY. 1.1 PROJECT DESCRIPTION Proposal are being accepted by the City of Fort Worth for the provision of furnishing of all labor,materials, and equipment necessary for the removal and transportation,to a proper waste disposal facility of three (3),approximately 2,000 gallon,underground storage tanks(USTs)with associated underground piping, and the reinstallation of one-split,6,000-gallon Convaultl aboveground storage tank(AST)with associated piping and applicable fuel management system located at 4500 Wilma lane,Fort Worth, Texas. All work performed under the contract shall be in strict adherence to all applicable Federal,State and local rules and regulations. Each provider including subcontractors shall NOT be listed on the Excluded Parties List System (www.epls.Rov). Before proceeding on each portion of the project the provider including subcontractors will have to certify they are NOT on the EPLS. Description of Work Activity Removal of three(3),2,000-gallon USTs Excavation of tankhold Backfill,Compaction, Density Testing Disposal of three(3),2,000-gallon USTs Install one,6,000-gallon,Split Convault AST Install Concrete Foundation for AST Install 6"Protective Bollards Install New Bennett Dispensers Install New Overhead Piping System Install OPW Fuel Vending System Install Applicable Signage, Install Overhead Electrical S7.tem Install Morrison AST Remote Spill Container ENV 17-04 Page 4 of 63 April 13,2017 1.1.1 Scope of Work The installation of one(1)double-wall UL142 and UL-2085 listed Split 6,000 gallon Convault• (3,000 gallons gasoline/3,000 gallons diesel)AST and connection to the existing OPW tank gauging system with components including but not limited to signage,bollard protection, dispensing,point of sale,fuel inventory,fuel monitoring,electrical,and communication systems The project also includes removal of existing three(3),2,000 gallon USTs including associated underground piping.Existing dispensers are to remain the property of the City of Fort Worth. The Contractor will be required to deliver a turnkey fueling facility in full operational accordance with project specifications and all applicable industry standards and international,federal,state, city and county laws,rules,ordinances,and regulations. The Contractor will be required to verify all regulatory requirements and industry standards. Particular attention should be given to compliance with TCEQ requirements and related guidance set forth in 30 TAC§334. The Contractor will be responsible for determining and verifying the applicability of governing requirements.The three,2000 gallon USTs which currently serve the Facility shall be removed and disposed of along with all associated pumps,pipes,fill ports,and ancillary equipment.The existing dispensers are to remain the property of the City of Fort Worth.All work shall be performed as described in project drawings and specifications(this and all sections). Contractor will work closely with the Owner to sequence construction/installation and demolition/removal activities to assure zero interruption and unreasonable inconvenience to Facility operations. The City will perform the following tasks under this contract: • Provide site contact information; • Provide site access; • Provide third-party environmental consultation, including construction oversight, sample collection,and close-out reports;and • Provide analytical laboratory analysis. 1.2 GENERAL REQUIREMENTS Proposals will be received at the Purchasing Office,City of Fort Worth,200 Texas Street,Fort Worth, 76102,until 1:30 p.m.,Thursday,May 112017 and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. The project name is"ENV 17—04 VILLAGE CREEK PST" After evaluating the Proposals submitted,the City will select the Offeror that provides the Best Value to the City and enter into negotiations with that Offeror The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. A Pre-Proposal Conference will be held from 10 a.m.to 12:00 p.m.,Thursday,April 27 at 4500 Wilma Lane, Fort Worth,Texas. [Note, some mapping applications list the address in Arlington,Texas.) Prospective bidders are strongly encouraged to attend the pre-bid meeting. ENV 17-04 Page 5 of 63 April 13, 2017 The offers will be valid for ninety(90)calendar days. The Proposal Documents submitted in accordance with this Request for Competitive Sealed Proposal shall remain valid for ninety(90)days after the due date. All Providers must comply with: • Chapter 17,"Human Relations,"Article III,"Discrimination,"Division 3,"Employment Practices,"of the Code of the City of Fort Worth,prohibiting discrimination in employment practices. • Fort Worth ordinance 20020,Business Diversity Enterprises. Offerors must submit a bid bond with their proposal. Offeror(s)to whom an award of contract(s)is made will be required to provide Payment and Performance Bonds,as required,and provide proof of Contractors General Liability and Statutory Workers Compensation Coverage. Proposal documents,addenda,and specifications may be obtained from the City of Fort Worth Web site at http://www.fortwortligov.org/purchasing/in portable document format(PDF),or maybe viewed at the Environmental Management Division office at 908 Monroe Street,7�Floor,Fort Worth,Texas 76102, during normal business hours.Contact the Project Manager,Roger Grantham,at 817-392-8592 or email Roger.Grantham@fortworthtexas.gov for assistance. 1.3 INTERPRETATION OF THE REQUEST FOR PROPOSAL All requests for an interpretation of the Request for Proposal must be made in writing and submitted to the Environmental Management Division,regular mail or email,at any time up to seven(7)calendar days prior to the deadline date for submitting Proposal Packages. The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. The City will issue any interpretation of the Proposal Documents as a formal addendum.The City will attempt to email a copy of each addendum to each person receiving a Proposal Package,when those persons have identified themselves to the City. The City will also post addenda on the web site.The City will not be responsible for any other explanations or interpretations. It is the Provider's obligation to determine if addenda have been issued prior to the deadline for submitting the Proposal Package. 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: Roger Grantham,Environmental Supervisor Environmental Management Division City of Fort worth 200 Texas Street,Fort Worth,TX,76102-6311 Phone 817-392-8592 Fax 817-392-6359 roger.grantham@foriworihtexas.gov ENV 17-04 Page 6 of 63 April 13,2017 1.5 HOW TO SUBMIT A PROPOSAL PACKAGE Each Provider must submit one(1)electronic copy of the entire Proposal package on a"flash or thumb" drive to the City. No hardcopies will be accepted. All items to complete the submittal must be included within the Proposal Package or the entire Proposal Package may be considered non-responsive and rejected. In case of ambiguity or lack of clarity,the City reserves the right to adopt the construction most advantageous to the City or to reject the Proposal Package. Proposal Packages(electronic thumb-drive only)must be submitted in a sealed envelope,addressed to the City of Fort Worth Purchasing Division, 200 Texas Street,Fort Worth,Texas 76102.The Proposal Packages must be received by the Purchasing Division no later than 1:30 p.m. on Thursday, May 11, 2017. The project number must be clearly marked on the envelope and the statement"PROPOSAL DOCUMENTS ENCLOSED,DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 p.m.on Thursday,May 11,2017" 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-responsive. NO FAXED or EMAILED PROPOSALS WILL BE ACCEPTED ENV 17-04 Page 7 of 63 AApril 13,2017 1.6 OPENING OF PROPOSAL The Document entitled"Proposal Summary"in each Proposal Package submitted will be opened and read aloud at 2:00 p.m.on Thursday,May 11,2017 in the Fort Worth City Council Chambers. The Proposal Packages 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 Proposal Packages will be open for public inspection after the contract is awarded. However,information in the Proposal Packages subject to the trade secrets exception of the Public Information Act under§552.110 of the Texas Government Code or the confidential information exception under§552.101 of the Texas Government Code will not be open to public inspection.it is the responsibility of the Provider to clearly mark as such any information they deem trade secret or confidential. 1.7 PROPOSAL EVALUATION CRITERIA The City will select the most highly qualified Provider responding to the request,based upon demonstrated competence and the Proposal. The Proposal will be evaluated by qualitative measures and will be weighted as follows: In determining the Best Value Offeror,the City will consider: 1. Proposed Price(35%) The lowest priced responsive will receive 35 points for this rating criteria. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price,the higher priced proposal will have its score reduced by one percent(1%)for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. Proposed Project Schedule(10%) For this project,the selected contractor will coordinate and work with the City Staff during the construction period. 3. Reputation/Experience(35%) Reputation and experience of the Offeror(20%)as demonstrated by listing past and current projects including references with names and current telephone numbers;and,list of subcontractors(10%) including subcontractor qualifications. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility,Proposal,and financial ability of the Provider,subcontractors,and other persons who are proposed to work on the project. 4. Minority/Women Business Enterprise(20%) MBE and WBE proposers,in accordance and consistent with the City's Business Diversity Enterprise (BDE)Ordinance,will receive Evaluation Preference Points to reflect the City's strong and serious consideration to use MBEs and WBEs as primes. ENV 17-04 Page 8 of 63 April 13,2017 1.8 NEGOTIATION OF THE CONTRACT After selecting the most highly qualified Provider,the City will then attempt to negotiate with the Provider a contract. If a satisfactory contract cannot be negotiated with the most highly qualified Provider,the City shall formally end negotiations with the Provider,select the next most highly qualified Provider.and attempt to negotiate a contract with that Provider. This process shall continue until a contract is entered into,or until the City rejects all submittals and issues a new Request for Proposal based on a new scope of work. The fees under the contract must be consistent with industry standard and may not exceed any maximum provided by law. During negotiations,the Provider will also respond to the City's Business Diversity Enterprise(BDE) Utilization Requirements as set forth in Section 2.3 of this Request for Proposals.The City will negotiate with the successful Provider 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 prepare and issue the contract documents with the notice of award to the successful Provider, 1.9 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. 1.10 RESERVATIONS The City reserves the right to reject any or all Proposal Packages and waive any or all formalities. Upon acceptance of this Proposal by the City Council,the bidder is bound to execute a contract and,if the contract amount exceeds$50,000.00,furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum,to wit: DESCRIPTION OF ITEMS Base Bid for UST Removal and AST Construction Activities $ 207,500.00 The undersigned assures that its employees and applicants for employment and those of any labor organization,subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400(Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that,in order to be awarded a contract as low bidder, non-resident bidders(out of state contractors whose corporate offices or principal place of business are outside of the State of Texas)that bid projects for construction,improvements,supplies,or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The ENV 17-04 Page 9 of 63 April 13,2017 appropriate blanks in Section A must be filled out by all non-resident bidders in order for that bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder Resident bidders must check the box in Section B. A. ❑ Non-resident vendors in (list state),our principal place of business,are required to be _percent lower than resident bidders by state law [!� Non-resident vendors in (list state),are not required to underbid resident bidders. B. ❑ Our principal place of business or corporate offices are in the State of Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars($ 1 is to become the property of the City of Fort Worth,Texas,or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE(MBE): (For bids in excess of$50,000) 1 am aware that I must submit information concerning the MBE participation within TWO BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. PROVIDER: Cobb Dwirornnental & Technical Services, Inc. BY: Brian Cobb Company Name (print Or type r3me of signatory) 871 South Green Street Address ( ignature) Tupelo, MS 38804 President City,State,Zip Title(print or type) ENV 17-04 Page 10 of 63 April 13,2017 2.0 PROPOSAL DOCUMENTS 2.1 PROPOSAL DOCUMENT CHECKLIST All Proposal Documents, including this Checklist, must be completed in full and submitted in a sealed envelope, in the requested order or the Proposal Package may be considered as a non-responsive submittal. Proposal Documents Initial if Included 1, PROPOSAL DOCUMENT CHECK LIST ✓ 2. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA ✓ 3. MINORITY BUSINESS ENTERPRISES(MSE) ✓ 4. PROPOSAL SUMMARY ✓ S. PROPOSAL OF PROVIDER ✓ 6. LIST OF SUBCONTRACTORS ✓ 7 INSURANCE CERTIFICATES ✓ 8. LICENSES&CERTIFICATES i 9. LEGAL&COMPLIANCE HISTORY 10. PERFORMANCE AND PAYMENT BONDS 11. BID SECURITY ✓ 12. PREVAILING WAGE RATE ✓ 13. COMPLIANCE&WORKERS COMPENSATION ✓ 1 understand that failure to submit all of these items may cause my submittal to be considered non- responsive. Name Brian Crabb Title President Company Cobb E nvirorxnental & Technical Services, Inc. ENV 17-04 Page 11 of 63 April 13,2017 2.2 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA Check if applicable The undersigned acknowledges the receipt of the following addendum (a)to the Request for Proposal,and has attached all addenda following this page. (Add lines if necessary). _ Addendum Number 1 (Date received) Addendum Number 2 (Date received) _ Addendum Number 3 (Date received) Addendum Number 4 (Date received) Check if applicable X The undersigned acknowledges the receipt of no addenda to the Request for Proposal. PROVIDER: Cobb ]Environmental & Technical Services, Inc. BY: Brla.^. Cobb Company Name (print or type name of signatory) 871 South Green Street jz Address (Signature) Tupelo, MS 38804 President City,State,Zip Title(print or type) ENV 17-04 Page 12 of 63 April 13,2017 2.3 MINORITY BUSINESS ENTERPRISE(MBE)(BEST VALUE PROPOSAL) In accordance with the City's Business Diversity Enterprise Ordinance No.20020-12-2011(as amended),the City has goals for the participation of minority business enterprise in City contracts.A copy of the Ordinance can be obtained from the Office of the City Secretary.The Bidder shall submit the MBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate.The Forms including documentation must be received by the City no later than 2:00 p.m.CST, on the second business days after the bid opening date.The Bidder shall obtain a receipt from the City as evidence the documentation was received.Failure to comply shall render the bid as non-responsive. The Minority Business Enterprise(MBE)diverse goal is XX %, [MBE diversity goal will be provided in the first addendum.) It is important to note that only MBE subcontractors and suppliers that perform a commercially useful function may count towards the MBE diverse goal. If the Proposer is certified as a DBE,MBE,SBE or WBE firm,it is not permissible to count itself or its subsidiary-owned companies towards the established goal;the goal represents subcontracting opportunities. Bidders must obtain MBE listings from the City of Fort Worth's M/WBE Office at 817-212-2674 or email mwbeoffice@fortworthtexas.gov. This will ensure that Bidders are acknowledging MBE firms currently certified by the North Central Texas Regional Certification Agency(NCTRCA)or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth at the time bids are submitted,in order for the participation to be counted towards the established diverse goal. The firms must be located in the City's six(6)county geographic marketplace that includes the counties of: Tarrant,Dallas,Denton,Johnson,Parker,and Wise. Also note if a firm is DBE certified that reflects minority ownership and meets the criteria's stated,it may count towards the goal. If an Offeror(regardless of certification status or if a non-D/M/W/MBE),however,forms a joint venture with one or more MBEs,the MBE joint venture percentage participation will be counted towards the established goal. The aparogriate City of Fort Worth Joint venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated MBE goal,in part or in whole,then a detailed explanation must be submitted to explain the Good and Honest Efforts that firm made to secure MBE participation. Failure to submit the MBE participation information or the detailed explanation of the bidder's Good and Honest Efforts to meet or exceed the stated MBE goal,may render that bid non-responsive. ENV 17-04 Page 13 of 63 April 13,2017 The undersigned acknowledges the City's MBE requirements as stated above,and if selected as the most highly qualified provider,will comply with the requirement to submit a utilization plan during contract negotiations. PROVIDER: Cobb Environmental & Technical Services, Inc. By: Brian Cobb Company Name (print or type name of signatory) 871 South Green Street Address Tupelo, MIS 38804 President City,State,Zip Title(print or type) ENV 17-04 Page 14 of 63 April 13,2017 2.4 PROPOSAL SUMMARY 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 the required UST removal and AST construction-related services as instructed by the City. The Scope of Services is outlined on the following pages of the Proposal Documents. Village Creek UST Removal and AST Construction Related Activities The proposed response action for the Site includes the decommissioning of three,approximately,2,000- gallon underground storage tanks(USTs). The major work will consist of the(approximate)following: • Removal and disposal of three(3)USTs,2 with 2,000 gallons gasoline,one(1)with 2,000 gallons of diesel. • Installation of one(1)—6,000 gallons split(3,000 gallons each)gasoline and diesel Convault above ground storage tank; • New concrete foundation,new piping,bollards,two(2)new fuel dispensers,fuel control system,and associated electrical and instrumentation improvements. • Connection to the existing fuel monitoring system (OPW Integra 100). In addition to the decommissioning of the existing USTs,clean select-fill materials will be required to fill the former tankhold.Compaction of select-fill materials will be required to occur in 8"lifts with density testing being required for each lift. Density testing requirements should meet or exceed+/-95%before the next lift is initiated. Refer to section 3.3 for additional information. The scope of work anticipated for the UST removal includes the following: • Saw cutting and breaking the concrete cover over the UST,if applicable; • Excavation of remaining tank backfill material to expose the tanks for removal; • Removal of all associated product and vent line piping,where applicable; • Evacuation and removal of any residual product remaining in the tanks; • Cleaning the interior of the tanks and purging the tanks of all explosive vapors using forced air or other suitable means; • Stockpile excavated soils for analytical testing*; ENV 17-04 Page 15 of 63 April 13,2017 • Fill material removed from the tank pit will be placed on-site on polyethylene sheeting and covered to prevent stormwater runoff while awaiting characterization and authorization to return to the excavation; • Once stockpile analytical results are received,assumes excavated soil material is"non- impacted,"sufficient clean select fill material to make up the volume of the removed UST will be moved to another location at the facility. Clean fill placed back in the excavation and compacted to grade in 8-inch lifts.Compaction testing and verification will be performed with a density of+/-95%. • Necessary City of Fort Worth permits and TCEQ notifications of petroleum storage tank construction activities. COST ESTIMATE UNDERGROUND STORAGE TANK REMOVAL # Item UNITS EXTENDED COST 2,000-gallon UST removal and proper 1. disposal and associated piping,vent lines, $ 15,000.00 dispensers,etc.from UST location Turn-key installation of one,6,000-gallon, split(3,000 gasoline/3,000 diesel) Convault AST with required piping 2 upgrades,dispenser upgrades,fuel 1 $192,500.00 management system upgrades, bollard protection,lightning protection,and improvements TOTAL $207,500.00 COST *Laboratory analytical sample collection,report preparation for submittal to TCEQ,and other regulatory reporting requirements will be conducted by the City. ENV 17-04 Page 16 of 63 April 13,2017 All Proposal Documents have been submitted in one sealed package. NO Addenda to the Request for Proposal have been received as acknowledged in Section 2.2. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for ninety(90)days from the date of submittal. PROVIDER: Cobb Environmental & Technical Services, Inc. BY: Bri&n Cobb (Company Name) (print or type name of at ry) 871 South Green Street (Address) Tupelo, MS 38804 President (City,State,Zip) Title(print or type) 662-841-0995 bcobb@cobbenv.com Phone) (Email) ENV 17-04 Page 17 of 63 April 13,2017 2.5 PROPOSAL OF THE PROVIDER Provider shall provide its company name,address,telephone number(s),and email addresses for the local office as well as the headquarters. Provider shall include a copy of its current Statement of Qualifications(20-page maximum,11 pt.type minimum). If subcontractors are to be utilized,each subcontractor must be discussed within the statement of Proposal. Within the statement of Proposal the Provider should: • Document Provider's experience(including references for petroleum storage tank services as discussed in the Scope of Services.This section should discuss past and current relevant jobs with special focus on LOCAL AREA work. ■ Submit an organization chart depicting contact arrangement from the City to the Provider and from the Provider's representative to other areas within the Provider. Identify key persons by name and title and describe the primary work assigned. This chart must include the individual(s)assigned to ensure the BDE plan is followed. ■ Submit a brief r6sumii(one page maximum,11 pt.type minimum)for the overall key personnel assigned to this project(Project Manager,Project Site Supervisors,etc.)that will PERFORM WORK under this contract. These resumes do not count as part of the overall 20-page limit for the statement of Proposal. The contractor is required to fill out and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council.The form can be obtained at https://www.ethics.state.tx.us/tec/1295-info.htm. 2.5.1 TCEQ Notification and Project Coordination Contractor will be responsible for coordinating with the Environmental Management Division the start date of UST removal activities to allow for notification to the Texas Commission on Environmental Quality(TCEQ). ENV 17-04 Page 18 of 63 April 13,2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing farm,and the city,state and country of the business entity's place Certificate Number: of business. 2017-205133 Cobb Environmental&Technical Services,Inc. Tupelo,MS United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05109/2017 being filed. City of Fort Worth,TX Date Ackno edged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. ENV 17.04 Village Creek PST UST Removals and Installation of AST at 4500 Wilma Lane,Fort Worth,Texas Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Cobb Environmental&Technical Services,Inc. Tupelo, MS United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT .�•MISS/ I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. �co: �O10 g 84875 iC.%•�MARY G.G. DAVIS Signature of authorized agent of 6orkracting business entity Commission ExDiresr AFFIX NQTARY 9TAAP1?SikC.A13OVE Sworn to and subscribedIbefore me,by the said eoii this the Q day of . 20 _f 7 ,to certify which,witness my hand and seal of office. Signature of Wer administering oath Printed name of officer administering oath 'title of offidgi administering,oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,883 2.6 LIST OF SUBCONTRACTORS Providers shall complete the following information and submit it with the Proposal Documents to permit the City of Fort Worth to more fully evaluate the submittal's quality prior to awarding the contract. Subcontractor'sProposed ProjectName Address Telephone No. Email on the J.M. Electrical 12302 Thtwlalae 832-435-2117 mayerelectric Electrical Services, Inc. Er, Cypaw, 9X @yahoo.com 77429 IF NECESSARY, PROVIDE MORE SHEETS TO DESCRIBE ADDITIONAL SUBCONTRACTORS. ENV 17-04 Page 19 of 63 April 13,2017 2.7 INSURANCE FOR PURPOSES OF THIS REQUEST FOR PROPOSAL,PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S)FOLLOWING THIS SECTION AND INCLUDED WITHIN THE PROPOSAL PACKAGE. 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. Insurance coverage and limits: Provider shall provide to the City certificate(s)of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the contract: Commercial General Liability * $1,000,000 each occurrence * $2,000,000 aggregate 2. Automobile Liability $1,000,000 each accident,or o $20,000 property damage/$500,000 bodily injury per person per accident A commercial business auto policy shall provide coverage on"any auto,"defined as autos owned,hired and non-owned during the course of this project. 3. Worker's Compensation o Coverage A: statutory limits o Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee Waiver of Subrogation required. 4. Professional Liability 0 NOT APPLICABLE FOR THIS PROJECT Professional Liability Insurance shall be written on a project specific basis. The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five(5)years following completion of the contract(Tail Coverage). An annual certificate of insurance shall be submitted to the City for each year following completion of this contract. 5. Environmental Impairment Liability and/or Pollution Liability o $4,000,000 per occurrence. EIL coverage(s)must be included in policies listed in items 1 and 4 above;or,such insurance shall be provided under a separate policy or policies. 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). ENV 17-04 Page 20 of 63 April 13,2017 Certificates of insurance evidencing that the Provider has obtained all required insurance shall be delivered to the City prior to Provider proceeding with the contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon,as its interests may appear. The term City shall include its employees,officers,officials,agents, and volunteers as respects the contracted services. 2. Certificate(s)of insurance shall document that insurance coverage specified according to items in Section 2.7 above are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty(30)days'notice of cancellation or material change in coverage shall be provided to the City. A ten(10)days'notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto Provider's insurance policies. Notice shall be sent to Roger Grantham,City of Fort Worth Environmental Management Division,200 Texas Street,Fort Worth,Texas 76102. S. Insurers for all policies must be authorized to do business in the State of Texas or be otherwise approved by the City;and,such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits,or self-insured retentions,affecting insurance required herein shall be acceptable to the City in its sole discretion;and,in lieu of traditional insurance,any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7 Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. B. The City shall be entitled,upon its request and without incurring expense,to review the Provider's insurance policies including endorsements thereto and,at the City's discretion, the Provider may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Provider's overhead. 11. All insurance required in section 2.7 above,except for the Professional Liability insurance policy,shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Provider shall be required by the Provider to maintain the same or reasonably equivalent insurance coverage as required for the Provider When subcontractors maintain Insurance coverage,Provider shall provide City with ENV 17-04 Page 21 of 63 Aprit 13,2017 documentation thereof on a certificate of Insurance.Notwithstanding anything to the contrary contained herein,in the event a subcontractor's insurance coverage is canceled or terminated,such cancellation or termination shall not constitute a breach by Provider of the contract. 2.8 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 should provide a copy of the appropriate certifications,registrations,and licenses and related certificates(including Subcontractors)with their submittal including but not limited to: • TCEQ Licensed Corrective Action Specialist; • TCEQ Licensed UST Contractor;and • TCEQ Licensed UST Supervisor(A/B). Provider shall provide necessary company licenses and certifications required to complete the project: • Current Texas Sales/Use Tax Certificate; • Current Texas Secretary of State Business/Company Registration exhibiting Officers of Business/Company;and • Current Certificate of Good Standing(Texas Secretary of States'office). ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES FOLLOWING THIS PAGE AND INCLUDED WITHIN THE PROPOSAL PACKAGE 2.4 STAFF AND PROJECT REFERENCES Provider shall complete a staff matrix including the following information detailing the provider's key personnel,their qualifications,and years of experience for staff that will be providing services associated with this Solicitation. Provider shall provide at least four(4)project references similar in scope and size to that of this Solicitation. Each project reference shall include the following information: • Company's Name • Name and Title of Contact/Project • Email,Phone,and Address of Contact • Contract/Project Value • Brief Description of Service Provided 2.10 PROJECT SCHEDULE AND PAYMENTS Provider shall submit the following items included in this bid submittal,in the same order as listed, following this page,included within the response. ENV 17-04 Page 22 of 63 April 13,2017 O ®i TEXAS COMMISSION ON ENVIRONMENTAL QUALITY � tF: of 'Re it knoum that COBB ENVIRONMENTAL TECHNICAL SERVICES INC has f u fiffedthe requirements in accordance with the lazes of the State of Telas for UST CONTRACTOR `�gistration Number. CR0000090 I,c tic Date: 11/28/2016 _ 'I vpiration(Date: 12/.31/2019 DCecutfty D rector Tve2s Commission on Environmental Quality l0 Fa•m 00.366(Rev.1-V/X7 4,vKECo`Lui - This TEXAS USE TAX PERMIT O � V' � O permit is issued in accordance with the law governing the type of Taxpayer number w business specified and is the authorization to conduct business in 1-72-136,4559-5 ?� Texas. The permit may be revoked for a violation of the provisions of the applicable law and/or any rules adopted by the Comptroller to Effective date 7'XAS administer the law. 11/08/2004 SUSAN COMBS TE.X.. TAX CODE ANN. CH. 151 Texas Comptroller Taxpayer name and mailing address COBB ENVIRONMENTAL TECHNICAL SERVICES, INC. PO BOX 1602 TUPELO MS 3$802-1602 SGSAN COMBS Comptroller of Public Accounts THIS PERMIT IS NON-TRANSFERABLE. Detach here and display your permit only. Is the information printed on this permit correct? L, If not, please tell us in the space below. • If your taxpayer name and/or mailing address are incorrect, enter the correct information, • If you have received a Federal Employer's Identification Number (FEIN), enter the number. • It you are no longer in business, enter the date of your last business transaction, if your permit is correct, DO NOT return this form. If any corrections are required, please enter the correct information on this form and return it to: COMPTROLLER OF PUBLIC ACCOUNTS 1 i 1 E. 17th Street Austin, Texas 78774-0100 Keep this permit until you receive a corrected permit. NOTE.- This fora/cannot be used if there has been a change of ownership. For this change and to obtain a new permit, please contact your local Comptroller's field office. For the telephone numbers to call for assistance, see the back of this form. TEXAS USE TAX PERMIT Taxpayer name shown on the permit Taxpayer number shown on the permit Opt ras►e�y� COBB ENVIRONMENTAL TECHNICAL SERVICES, INC. e 1-72-1364559-5 a�bSCA" Mkirzolm Please enter only the information that has to be corrected. .a ' WII i Correct taxpayer name daytime ph one f Wea code and number) IY�Meeaca nuat6ix - • ��fC 1 1 f""1. 1 Y 1 i ,�� �a Correct mailing address E 1 a�iyier ayrnt>♦r i thofto City State ZIP Code FEI nu bar •d1eea lataab►IIin�IRepfriQtlarr •W I J J l l _J e h G l J II [ 1 I ANO - 11tY,stiptp4iK}1g. eddriia-change If you are no longer in business, ANO� , enter the date of your last business transaction. ........................................... ° * XWMAST For additional information, see the back of.this form. deet.,I sign Taxpayer of authorized agent ❑ate `1(USTAT here` Lt..L. tyJ You have cartain rights under Chapters 552 and 559,Government Code,to review,request,and correct information we have on file about you. Contact us at the address or toll-tree number listed on this form. Form 00386 Mack)(Rw.t-07M All permits are issued subject to the provisions of the law. This permit may be revoked, suspended or forfeited for a violation of any provision of any taxing statutes administered by the Texas Comptroller of Public Accounts or of any rule adopted by the Comptroller to administer those statutes. Receipt of this permit does not mean that the taxpayer to whom it is issued is in good standing with the Comptroller. i This permit replaces the permit you now hold. All previous permits of this type issued by the Texts Comptroller of Public Accounts are void. Form 00366(Back)(Revl-07M GENERAL INFORMATION • A new permit must be obtained if there is a change in ownership. • Operating without a valid permit is a misdemeanor punishable by a fine of not more than$500 per day. • This permit must be displayed in your place of business. The information on your permit is public information. This permit must be copied and a copy kept at each additional place of business or storage. • Please use your taxpayer number as a reference in any correspondence or inquiry with the Comptroller's office. ccd 4 you creed ad4zjMoce _ 911 Emergency Service J Customs Broker 1-800-252-5555 Motor Vehicle Sales Surcharge,Rental and Equalization Surcharge................. 1400-252-5555 Fireworks Tax 1-800-252-5555 Seller-Financed Sales Tax. 1.800-252-1382 Automotive Oil Foe..-._...................... 1-800-252-5555 Franchise Tax 1-800-252-1381 Natural Gas ._..,,..._..,._._..,.. 1-800-252-1384 Bank Franchise........__...................... 1-800-252-1381 Fuels Tax 1-800-252-1383 Off-Road,Heavy-Duty Diesel Battery Fee ..._.................. 1-800-252-5555 Hotel Occupancy Tax 1-800-252-1385 Equipment Surcharge 1-800-252-5555 Boat and Boat Motor Sales Tax.... 1-800-252-5555 IFTA .................................. 1-800-252-1383 Officer and Director Cement Tax .,_.......... ......_... ...__ 1-800-531-5441 Inheritance Tax.............-... 1-800-531-5441 Information...._.._.........._........ 14800.252-1386 Certificates of Account Status/ Insurance Tax................._....,. 14MO-252-1387 Oil well Servicing Tax..._........ 1-800-631-5441 Good _....................... 1-800-252-1386 LG Decals.,............................, 14800-252-1383 Oyster Sales Fee __............. 1-800-252-5555 Cigarette,Cigar and/or Tobacco Local Revenue ....... 14wo-531-5441 Petroleum Products Products..„................_..., 1-800-862-2260 Manufactured Housing 1-800-252-1382 Delivery Fee............._._..._... 1-800-252-1383 Clean Vehicle Incentive Miscellaneous Gross Sales Tax .......................___.. 1-800-252-5555 Program ...........a... 1-800.252-1382 Receipts Tax......w._..____.1-800-531-5441 School Fund Benefit Fee.._....1-800.252-1383 Coastal Protection - 1400-252-1384 Mbad Beverage Tax............. 1-800-252-5555 Sulphur Tax._,..........._............ 1-800-531-5441 Coin-Operated Machine Tax 1-800-252-1385 Motor Vehicle Registration Telecommunications Crude Oil 1-800-252-1384 Surdwge.............................. 1-800-252-1382 Infrastructure Fund MF)..... 1-800-252-5555 tax help@cpa.state.txus en Espanol 1-800-252-7875 Taxable Entity Search Results N Franchise Tax Account Status As of 05/10/2017 1235:53 This Page is Not Sufficient for Filings with the Secretary of State COBB ENVIRONMENTAL TECHNICAL SERVICES, INC. Texas Taxpayer Number 17213645595 Mailing Address PO BOX 1602 TUPELO, MS 38802-1602 A Right to Transact Business in Texas ACTIVE State of Formation MS Effective SOS Registration Date 11/03/2004 Texas SOS File Number 0800410290 Registered Agent Name NATIONAL CORPORATE RESEARCH, LTD. Registered Office Street Address 1601 ELM ST SUITE 4360 DALLAS, TX 75201 https://mycpa.cpa.state.tx.us/coa/coaSearch.do 5/10/2017 BUSINESS ORGANIZATIONS INQUIRY-VIEW ENTITY Page 1 of 1 TEXAS SECRETARY of STATE ROLANDO B. PABLOS UCG I Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY-VIEW ENTITY Filing Number: 800410290 Entity Type: Foreign For-Profit Corporation Original Date of Filing: November 3,2004 Entity Status: In existence Formation Date: N/A Tax ID: 17213645595 FEIN: 721364559 Name: Cobb Environmental Technical Services,Inc, Address: PO BOX 1602 TUPELO,MS 38802 USA Fictitious Name: NIA Jurisdiction: MS,USA Foreign Formation April 17,1997 Date: REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ASSOCIATED ENTITIES_ Name Address Inactive Date NATIONAL CORPORATE RESEARCH,LTD. 1601 Elm St.,Suite 4360 Dallas,TX 75201 USA Return to Order I Return to Search Instructions: i To place an order for additional information about a filing press the'Order'button. https://direct.sos,sWe.tK.ustcarp inquiry/corp inquiry-entity.asp?.-Sfiling number=800410290&.Nsession_id=39661866&:Ndo... 5/10/2017 BUSINESS ORGANIZATIONS INQUIRY-VIEW ENTITY Page 1 of 1 TEXAS SECRETARY of STATE ROLANDO S. PABLOS UCG I Business Organizations I Trademarks Notary I Account I Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY-VIEW ENTITY Filing Number: 800410290 Entity Type: Foreign For-Profit Corporation Original Date of Filing: November 3,2004 Entity Status: In existence Formation Date: N/A Tax ID: 17213645595 FEIN: 721364559 Name: Cobb Environmental Technical Services,Inc. Address: PO BOX 1602 TUPELO,MS 38802 USA Fictitious Name: N/A Jurisdiction: MS,USA Foreign Formation April 17,1997 Date: REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ASSOCIATED ENTITIES LUpdats Name TMe Address BRIAN K COBB PRESIDENT 1496 CR 101NEW ALBANY,MS 38652 USA BRIAN K COBB DIRECTOR 1496 CR 101 NEW ALBANY,MS 38652 USA LORI G COBB SECRETARY 1522 CR 101 NEW ALBANY,MS 38652 USA Return to Order Return to Search Instructions: O To place an order for additional information about a filing press the'Order button. https://direct.sos.state.tx.us/corp_inquiry/0orp_inquiry-entity.asp?spage=mgmt&:Spagefrom=order&:Sfiling number=$0041029... 5/10/2017 Fortaz 301 This space reserved for office use. (revised 9I03) FILED Return in Duplicate to: in the Office of the Secretary of State SecnRary of State of Texas P.O.Box 13697 Application for NOV 0 3 2004 Austin,TX 78711-3697 Certificate of Authority FAX: 5121463-5709 Article 8.05 CorPaabons SOCUM Filing Fee: $750 Texas Business Corporation Act 1. The name of the corporation is as set forth below: Cobb Environmental Technical services,Inc, The name must not be the same as,deceptively similar to or similar to that of an existing corporate,limited liability company,or limited partnership name on file with the secretary of state. A preliminary cheek for"name availability"is recommended. 2A. The name of the corporation in its jurisdiction of incorporation does not contain the word "corparation,""company,""incorporated.,"or"limited"(or an abbreviation thereof). The name of the corporation with the word or abbreviation that it elects to add for use in Texas is: Cobb Environmental Technical Services, inc. 2B. The corporation name is not available in Texas. The assumed name under which the corporation will qualify and transact business in Texas is: Cobb Environmental Technical Services, Inc. 3. Its federal employer identification number is: 72-1364559 ❑ Federal employer identification number information is not available at this time, 4_ it is incorporated under the laws of (set forth state or foreign country) Mississippi 5. The date of its incorporation is 4/17/97 and its period of duration is: En perpetual or ❑ limited duration of a term of years set as: 6. The principal office address in the state or country of the corporation's jurisdiction of formation is: (1f the corporation does not maintain an office address in its jurisdiction or formation,then provide the registered office address of its registered agent in the jurisdiction of incorporation in the spare provided below.) 7192 Holly Will ©rive Tupelo Mississippi/USA 38802 Address City State ciuntry Zip/Postal Cade 7. Its proposed registered agent In Texas is: (See instructions. Cannot be corporation named above.) Corporation service Company dlbfa CSC-Lawyers Incorporating Service Company and the street address of its proposed registered office,which is the business office address of its proposed registered agent in Texas,is: (A post office box address is not sufficient,please provide street address.) 701 Brazos street, Ste. 1050. Austin, TX 78701 8. The purpose or purposes of the corporation that it proposes to pursue in the transaction of business in Texas are set forth below, The corporation also certifies that it is authorized to pursue such stated purpose or purposes in the state or country under which it is incorporated. Fuel Station construction,. Repair and Remodel 9. The name and address of each of its directors is as follows: NAME ADDRESS 10. The name,address and office title of each of its officers is as follows: NAME ADDRESS include city&state OFFICE TITLE Brian Cobb F.O. Box 1602, Tupelo, MS ?resident. 11_ As of the date of filing, the undersigned certifies that the foreign corporation currently exists as a valid corporation under the laws of the jurisdiction of its formation. Effective Date of Film x The document is to be effective when the document is filed by the secretary of state. OR [l This document will become effective at a later date,which is not more than ninety (90)days from the date of its filing by the secretary of state. The delayed effective date is: Execution The undersigned authorized officer of the corporation signs this document subject to the penalties unposed by law for the submission of a false or fraudulent document. 4Z /f IVA/ Signature of Authorized Officer DIte Key Personnel ➢ Brian Cobb, President, Professional Engineer - Over 30 yrs. of experience in fuel system maintenance, retrofit,installation, and design. ➢ David St. John, Professional Engineer - Seven yrs. of experience in fuel system installation and design. Experienced in control system evaluation and troubleshooting. ➢ Jimmy Franks,Superintendent-Twenty yrs. of experience building aboveground and underground fuel systems. ➢ Larry Williams, Superintendent - Ten yrs. of experience building aboveground and underground fuel systems. Sammy Richards,Superintendent-Over 30 yrs. experience in installing and removing aboveground and underground fuel systems. ➢ Jimmy Cook, Superintendent—Ten yrs. of experience in fueling system construction and installation. ➢ Chris Nutt,Superintendent—Twenty yrs.of experience in fueling system construction and installation. ➢ Melvin Aycock, RPG —Eight yrs. of experience in installing, removing, and closure of underground fuel storage tanks. ➢ Seth Cobb, Scheduler — Five yrs. of experience in scheduling for fueling system construction and installation. ➢ Robert Langford, Health &Safety Director—Twenty yrs. of experience. Brian Cobb, P.G., P.E. President/Project Manager Resume Brian Cobb is the owner of Cobb Environmental and Technical Services, Inc. and has over twenty-nine years experience in fuel systems removal, modifications, and installations including convenience store construction. Education and Train qq B.S. Geological Engineering- University of Mississippi 40-hour OSHA Hazardous Waste Training 30-hour OSHA Construction Safety Training => Trench Safety Training Xerxes Tank Installation Training 32 hour UST installation and Removal Training A.O. Smith Fiberglass Installation Training OPW Flexworks Training zz:� Fiberglass Pipe Installation Training Professional Affiliations, Certifications_and Re-gistration State Board of Contractors—Certificate of Responsibility in Fueling Systems and Hazardous Material Abatement and Remediation Certificate No. 26667 (Alabama) Certified Tank Installer and Remover in Alabama, Arkansas, Louisiana and Texas Professional Engineer- Alabama, Florida, Mississippi,Tennessee, and Georgia 7* Professional Geologist Alabama, Florida,and Mississippi => Alabama Petroleum Equipment Association => National Society for Professional Engineers => Mississippi Petroleum Marketers Association (Board of Directors-2012) ReRresentative Experience Mr. Cobb served as construction and environmental manager for a 1000 store convenience store chain, In this process he worked directly with petroleum and general contractors for the upgrade of tanks and facilities. Mr, Cobb worked with State environmental protection agencies to insure compliance and proper upgrades and installations.. => in the capacity of owner of a company, Mr. Cobb has managed tank upgrades at over 100 facilities around the southeast purchasing and installing cathodic protection systems on steel underground storage tanks, installing overfill and overfill devices. This program was started in 1997 and designed to achieve upgrades by December, 1998. =o Since 1997, Mr. Cobb has served as contract manager and project manager involved in tank removals all over the Southeastern United States. His involvement has been in bidding, project management and hands on field supervision. He has been directly involved in over 100 tank removals and insuring the state notifications, reporting and safe completion projects. 7;:* Since 1997, Mr. Cobb has built a business on providing fuel system construction services and managing contracts. Specifically Mr. Cobb has been involved in ground up gas station construction at over 70 locations that included the installation 1 of new underground storage tanks, dispensers, electrical, concrete paving, landscaping, plumbing, permitting and all the aspects of the ground-up construction process. Mc Cobb is directly involved in fuel equipment sales. He deals directly with Xerxes and Highland tank manufacturers, Bennett Pumps, Franklin -Fueling, Morrison Brothers, Petrovend, OPW and other leading manufacturers of pumps and tanks and all associated equipment. Mr. Cobb is knowledgeable in products and their installation and application to individual projects. Mr. Cobb is the project manager for the Wal-Mart account whereby we have successfully maintained being an approved short listed contractor for gas station construction. He has managed the successful construction of over 20 facilities over the past few years with no instance of not making schedule or exceeding budgets. Mr. Cobb manages,to a certain degree, all projects including the following projects; Kroger Food Stores - Monthly Compliance Inspections and Gas Station Service and Construction John Turk Power Plant-Complete fleet fuel system design and construction. Alabama Department of Risk Management - Fleet Services - The successful installation of alternate fuel facility in Montgomery, Alabama involving the installation of an underground tank and new dispenser involving E-85. Cinncinnati International Airport - this was a $1.3 million project involving the removal of three 10,000 gallon UST's, and the installation of four 20,000 gallon UST's and ten fleet dispensers for use of the airports maintenance team. Department of Defense, Ft. Rucker AL-the modification of the fuel system and interior remodeling of the Army/Air Force Exchange. Sam's Club- Lynchburg, VA-This project involved the removal of 3000 tons of asbestos contaminated bed rock for the purpose of building a ground-up gas station. The project as completed at the highest level of personnel protection and ongoing air monitoring. This project was completed on-time and within budget. West Memphis Utilities - this was the City's fleet fueling facility where Cobb installed tanks, canopy, underground piping, concrete paving, tank slab, fleet card terminal, dispensers and successfully turned the project over within budget and schedule. Memphis Power and Light-this was a alternative fuels facility(E-85) for the fleet at Memphis Power and Light. One 1000 gallon AST with dispenser, a small canopy, tank pad and aboveground piping. All completed on-time and within budget. 2 ...__�:... �.y..P 4 Melvin J. Aycock, Jr., R.G. Sr. Project Manager/Operations Manager Resume Melvin J. Aycock, Jr. is a Geologist, Senior Project Manager, and Environmental Operations Manager with Cobb Environmental and Technical Services, Inc. He has more than 20 years experience in assessment and remediation of hazardous waste sites and leaking underground storage tank sites, His specialties are in the following areas: Professional Summary Y Site Characterization "r Remediation of Soil and Groundwater Environmental Project and Program Management RCRA 1 Brownfields Site Investigations Phase I Environmental Assessments(Property Transfers) �o Risk-Based Corrective Action(RSCA)Investigations Regulatory Interaction and Negotiations v CERCLA Remedial Investigation/Feasibility Studies Education and Training A M.S. Economic Geology pending thesis completion- University of Missouri - Rolla Y B.S_ Geology-Mississippi State University y Terrain Analysis Remotely sensed(LANDSAT)data enhancement and analysis Geographic Information Systems GRASS 3.1 and Arc/Info Y 40-hour EPA Hazardous Waste Worker training 40-hour Asbestos Inspector training Professional affiliations > American Society for Testing and Materials, international. (ASTM) Y Subcommittees, D-18(Soil and Rock), D-60(environmental assessment, Risk Management, Corrective Action), and F08 Sports Equipment and Facilities PG Arkansas RPG Mississippi Publications A Short Course in the Practical Aspects of Hvdroceology , 1996. Albertson, Paul E., Aycock, Melvin J. Jr., and Patrick, David M., Geological Society of America Southeastern Region, Spring Meeting. Jackson, MS, March 16, 1996. (Co-authored &edited syllabus, co-taught short course) Representative Experience Mr. Aycock prepares technical proposals and reports and conducts senior-level, Quality Assurance and Quality Control review of staff-prepared technical documents, ensuring their compliance with state and federal guidelines. He supervises field activities of environmental technicians, and acts as a mentor to staff geologists, directing environmental sampling activities and QA/QC procedures. Mr. Aycock plans, coordinates, executes, and reports the results of environmental site assessments at leaking underground storage tank(LUST) sites and commercial property transfer sites. He performs site investigations, and subsequently plans and monitors exploratory drilling, installation of monitoring wells, aquifer tests, and environmental sampling. He reports the findings of these investigations to clients and cognizant state 3 agencies as appropriate. He evaluates alternative site cleanup technologies, specifies remediation systems appropriate to a given site, and designs site remediation plans. He also trains and supervises technicians in proper sampling and decontamination techniques. Mr. Aycock is a member of ASTM subcommittee E50 which promulgates and maintains Standard E-1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process among others. As the environmental program manager for an 8(a) (minority-owned) business, Mr, Aycock recruited and managed a capable team to provide high level geotechnical support services to the U.S. Army Corps of Engineers/Waterways Experiment Station (USACE/WES), (WES). These services included field O/A monitoring, writing RI work plans, RI reports, , and providing Geographic Information Systems (GIS)and associated database services for a remedial investigation/feasibility study (RI/FS) at a major Army superfund site. A As part of this effort, Mr.Aycock researched and wrote numerous RI/FS work plans, both for the superfund site as a whole (Generic Work Plan) and for groups or "clusters" of individual contiguous operable units(Cluster Work Plans). Mr Aycock also researched, wrote, compiled and edited a comprehensive set of Standard Operating Procedures pertaining to all phases of the Remedial Investigation ranging from field techniques to U.S. Army Environmental database maintenance. > He also provided innovative solutions to RCRA facility assessment (RFA) problems by performing site geomorphic studies using photo-interpretative techniques and historic aerial photography to determine potential contaminant migration pathways in a Karst terrane at a hazardous waste site in the eastern U.S. ➢ Mr. Aycock has provided geotechnical expertise to investigators in the Space Technology Laboratory (STQ at NASA's Stennis Space Center(SSC). In this capacity, he acquired considerable experience in state-of-the-art remote sensing technologies and data processing techniques. This experience is not limited solely to the field of geology, but embraces numerous complementary disciplines as well. ➢ As an engineering geologist, he drafted extensive area characterization reports for use by the Department of Energy, Office of Nuclear Waste Isolation, designed and implemented a field verification (O.A.) program for dynamic consolidation work in Jubail, Saudi Arabia, supervised drill crews and documented a field exploration program of soil test borings,and rock coring for the Metropolitan Atlanta Rapid Transit Authority As a field geologist he conducted structural, radiometric, and geologic mapping for uranium deposits in the Basin and Range of Utah, mapped a covered contact between the igneous pluton and sedimentary sequence at a metasomatic tungstate deposit in the Basin and Range of Nevada, selected sites for and supervised crews in diamond core drilling activities, logged core and sampled the same for assay and calculated corehole deviation from downhole survey data. 4 . k Robert A. Langford, P.G. Project IUlanager/Hydrogeologist Resume Robert A. Langford is a Project Manager and Hydrogeologist with Cobb Environmental and Technical Services, Inc. He has more than 20 years experience in assessment and remediation of hazardous waste sites and leaking underground storage tank sites. His specialties are in the following areas: Professional Summary D Site Characterization Remediation of Soil and Groundwater y Environmental Project and Program Management RCRA 1 Brownfields Site Investigations i Risk-Based Corrective Action (RSCA) Investigations State and Federal Regulatory Interaction and Negotiations LUST Remedial Investigation/Feasibility Studies Y DNAPL 1 Dry Cleaner and Solvent Site Investigations Education and Training B.A., Geology- University of Memphis > 24-hr Hazardous Material Technician Level Training, OSHA 29 CFR 1910.120(9) (6) (iii) ➢ 40-hr Hazardous Waste Site Operations Training, OSHA 29 CFR 1910.120 Y 8-hr Refresher for Hazardous Waste Operation and Emergency Response Training, OSHA 29 CFR 1910.120 w 8-hr Supervision Level Training, OSHA 29 GFR 1910.120(e)(4) 4-hr Confined Space Entry Practices and Procedures Training, OSHA 29 CFR 1910.146 4-hr Tank Excavation and Removal Practices and Procedures Training AutoCAD Professional affiliations Registered Professional Geologist Arkansas r Registered Professional Geologist Kentucky w Registered Professional Geologist Mississippi r Registered Professional Geologist Tennessee US Army Corps of Engineers Certified Construction Quality Management (CQM) For Contractors Representative Experience Y Mr. Langford has had responsibility for a large number of small to large environmental projects, including site assessments, monitoring for dissolved contaminants. LNAPL, and DNAPL, free product recovery, soil and groundwater remediation, and achieved site closure on many of the projects. He supervises field activities of environmental technicians and subcontractors. He prepares the appropriate technical proposals and reports. Y Mr. Langford has extensive experience in drilling, installation of groundwater monitoring wells and piezometers, well logging, well surveys, soil and rock classifications, aquifer characterization testing, percolation testing, sample collection, data reduction, and computer modeling.. 5 > Mr. Langford functioned as the on-site coordinator for environmental compliance programs at oil refinery facilities, and has specialized knowledge in free product recovery of viscous oils. Mr. Langford has extensive experience installation and operation and maintenance with various types of remediation systems. The most complex of these included an oil/water separator, air sparging wells, and vacuum enhance recovery wells. Disposal of treated ground water was accomplished by discharging by permit to the POTW sanitary sewer. Other remediation systems disposed of treated ground water by NPDES permitted discharge to surface waters, infiltration galleries,or by injection wells. A Mr. Langford has served as a corporate Health and Safety Director of a front end geophysical firm. He dealt effectively with health, safety, and environmental issues including: conducting safety meetings, safety inspections of personnel and field equipment, and investigation and reporting safety incidents. Additionally, he was responsible for tracking and reporting project costs, monitoring selected potable water wells, seismic data entry, technical evaluation of damage clams, damage restoration, and explosives tracking. Mr Langford has conducted numerous geo-technical investigations and feasibility studies(domestic and international). Mr Langford has served as a geotechnical laboratory supervisor for multiple geo- technical firms in the United States and in the Kingdom of Saudi Arabia. 6 Davin St. John, P.E. Project Manager/ Engineer Resume David St. John is a Project Manager and Engineer with Cobb Environmental and Technical Services, Inc. He has more than ten years experience in environmental consulting, including assessment and remediation of hazardous waste sites, fuel system design, service, and installation. His specialties are in the following areas: Professional Summary Fuel System Design Electro-Mechanical Troubleshooting and Maintenance Airport Fuel Systems Leak Detector Testing Tank Compliance > Environmental Site Assessments Superfund Site Evaluations ➢ Underground Storage Tank Removal ➢ Soil and Groundwater Remediation ➢ Storm Water Pollution Prevention Plans ➢ Spill Prevention Control and Countermeasure Plans ➢ Emergency Response Plans ➢ EPA f OSHA Compliance Inspections ➢ Regulatory Negotiations Safety Training Bid Packages and Construction Documents ➢ Operation and Maintenance Manuals Education and Training B.S. Chemical Engineering— Christian Brothers University ➢ Groundwater Flow and Transport Modeling with GMS ➢ Hazardous Waste Operation and Emergency Response Training ➢ Maintenance Training on Dresser Wayne Dispensers. Professional Affiliations, Certifications and Registration Professional Engineer Arkansas ➢ Professional Engineer Mississippi ➢ Professional Engineer Tennessee Certified in Maintenance on Wayne Dispensers ➢ Certified on InconNeeder Root Fuel Management Systems 9 Certified by QT Technologies on Credit Reading Devices Repres Experience r Mr, St. John has served clients nationally and abroad in key roles such as design engineer, environmental consultant and project manager. >, Mr St. John's project management experience includes coordinating the efforts of diverse teams, managing the Remedial Investigation of a high-priority hazardous waste Superfund site in conjunction with the EPA, site characterization and remediation of properties reclaimed for use as public housing facilities under voluntary cleanup agreements, designing and constructing waste water treatment systems, designing and permitting of a demolition landfill, supervising the lining of a municipal landfill, removing underground storage tanks, compiling construction documents and bid packages, drafting operation and maintenance manuals, evaluating contractor bids, cost analyses, team building, supervising field technicians and survey crews, and personnel evaluations. > Mr St. John's designed a Fleet Fueling System for the John Turk Power Plant. This involved electrical, concrete, aboveground tank and associated tank equipment, remote fueling pad and fill system, underground and aboveground piping, and dispenser operation. ➢ Mr St. John's designed an aviation fueling system for the Cleveland Jetport. This involved a electrical, concrete, tank system, remote dispensing, off-loading skids, tank monitoring for a Jet-A and AvGas fueling system. Mr. St. John was retained by the Air Force to troubleshoot issues with the electro- mechanical aspects of a fueling system that had released fuel to the environment. Mr St. John review the fuel management system, logics, controls and offer recommendations on modifications to the system that would prevent mechanical failures. ➢ Mr. St. John has performed card reader and fuel management system startups at various facilities. He is an expert in communications, electrical and computer logic, tank system pumps and configurations. ➢ Mr St. John has consulting experience with Residential, Commercial, Industrial and Municipal Projects, including EPA Superfund Remedial Investigation and Feasibility Studies (RI/FS), Phase I and II Environmental Site Assessments (ESA), Environmental Transaction Screens, NEPA Evaluations, Spill Prevention Control and Countermeasure Plans (SPCC), Storm Water Pollution Prevention Plans (SWPPP), Emergency Response Plans (ERP), Underground Storage Tank (UST) removal, soil and groundwater remediation, EPA compliance inspections, OSHA compliance inspections and negotiations with regulatory agencies. LETS Cobb Environmental & Technkal Services, Inc. James M. (Jimmy) Franks, Jr. Sr. Project Manager- Fueling Systems Re'sum6 Jimmy Franks, Jr. is a Senior Project Manager with Cobb Environmental and Technical Services, Inc. He has more than twenty years experience in construction and construction management. His specialties are in the following areas: Professional Summary Management of craft workers Management of subcontractors Thorough knowledge of job plans and specifications Enforce safety program compliance Maintain proper subcontractor relations Review quality of work performed �o Assist, as necessary, in all phases of planning and scheduling Education and Training 40-Hour OSHA Health and Safety 30- Hour Construction Safety Certified Rigger for Crane Operation Certified to Install A.O. Smith Fiberglass Piping Certified on EECO Fuel Management System Certified to Install Bravo Sumps and Entry Boots Certified to Install Xerxes and Containment Solution Tanks > Numerous Management and Training Classes in Construction related fields Representative Experience Mr. Franks serves as Construction Manager for Cobb Environmental & Technical Services involved in the turn-key construction and startup of approximately 20 gas stations. Mr. Franks serves as the company gas station startup liason and routinely performed automatic tank gauge installation and startup. • Involved with purging and testing of fuel lines and dispensers. Performed leak detector testing and direction communication with gas station owners. Prepares estimates for construction of new systems and modifications of older tank systems. Routinely supervises the hydrostatic testing of spill containment systems under the dispenser, overspill devices and around the submerged pumps. Troubleshoots and repairs liquid intrusion issues in containment sumps. Performs construction layouts for building construction. Construction References - Experience Summary > T D Farrell Construction—Contact: Senior Project Manager Shon Huettl 770-754-3110 Scope of Work: Install four owner furnish 30,000 gallon UST's, all top of tank hardware, fuel piping, dispenser sumps, electrical, canopy and storm drains, canopy and building foundations, set building, backfill all, form and pour tank and canopy concrete and sidewalks around building, set dispensers, testing and startup. Project Year Contrast Costco Wholesale, Baton Rouge, LA 2014 $295,000 Costco Wholesale, Mobile,AL 2015 $578,465 Costco Wholesale, Columbia, SC 2016 $684,955 Costco Wholesale, New Orleans,LA 2014 $507,813 Better Built Enterprises—Contact: Project Manager Mike Srp 210-492-5437 Scope of Work: Install three owner furnished 20,000 gallon UST's, all top of tank hardware, fuel piping, dispenser sumps, electrical, canopy drains, building and canopy foundations, concrete paving, set dispensers, testing and startup. Proiect Year Contract Sam's Club Gas Station,Midland,TX 2014 $521,468 Clark Construction—Contact: Vice President George Goza 601-684-4710,601-810-4004 cell Scope of Work: Install two owner furnished 20,000 gallon UST's, all top of tank hardware, fuel piping, dispenser sumps, electrical, canopy drains, building and canopy foundations, concrete paving, set dispensers, testing and startup. At Yazoo City construct a 1500 square foot stick built building. Proiect Year onact Sam's Club Gas Station, Madison, MS 2014 $444,101 Wal-Mart Fueling Station, Memphis,TN 2016 $427,482 Wal-Mart Fueling Station,Yazoo City, MS 2016 $584,902 Sam's Club Gas Station, Baton Rouge, LA 2015 $385,412 McWhorter and Company,Inc.—Contact:Senior Project Manager Jeff Mitchell 256-238-8545 Scope of Work: Install two owner fumished 20,000 gallon UST's, all top of tank hardware, fuel piping, dispenser sumps, electrical, canopy drains, building and canopy foundations, concrete paving, set dispensers, testing and startup. At Decatur construct a 1500 square foot stick built building. Project Year Contract Wal-Mart Fueling Station, Nettleton, MS 2014 $190,975 Wal-Mart Fueling Station,Tuscaloosa,AL 2015 $322,989 Wal-Mart Fueling Station,Huntsville,AL 2015 $341,299 Wal-Mart Fueling Station, Decatur, AL 2017 $585,538 Wal-Mart Fueling Station, Meridian, MS 2017 $393,719 Poettker Construction_.Contact: Owner- Ryan Poettker 618-526-7213 Scope of Work: Install two owner furnished 20,000 gallon UST's, all top of tank hardware, fuel piping, dispenser sumps, electrical, canopy drains, building and canopy foundations, concrete paving, set dispensers, testing and startup. Proiect Year Contract Wal-Marl Fueling Station,Jonesboro,AR 2014 $377,134 Wal-Mart Fueling Station, Baton Rouge,LA 2015 $339,449 White-Spunner Construction, Inc.—Contact:Jeff Carrico, Senior Vice President or Senior Project Manager Josh Dindo 251471-5189 Scope of Work: Install two owner furnished 20,000 gallon UST's, all top of tank hardware, fuel piping, dispenser sumps, electrical, canopy drains, building and canopy foundations, concrete paving, set dispensers, testing and startup. In the case of the Sam's Club three 20,000 gallon USTys were installed. Regarding Tupelo, MS Cobb construction a 1200 square foot gas station stick built building. Pro ellt Year Contract Wal-Mart Fueling Station,Opelousas,LA 2015 $389,177 Wal-Mart Fueling Station, Meraux, LA 2015 $355,548 Wal-Mart Fueling Station,Jacksonville, NC 2015 $443,949 Walmart Fueling Station, Mamou,LA 2015 $265,950 Sam's Club Fueling Station,Covington, LA 2014 $410,800 Wal-Mart Fueling Station,Tupelo, MS 2016 $568,687 DBS Corporation—Contact: Project Manager Bobby Wade 423-648-8227 Scope of Work: Install two owner furnished 20,000 gallon UST's, all top of tank hardware, fuel piping, dispenser sumps, electrical, canopy drains, building and canopy foundations, concrete paving, set dispensers, testing and startup. Proiect Year Contract Wal-Mart Fueling Station, Olive Branch,MS 2017 $295,000 Tom Thumb/Kwik Sak -Contact: Kwik Sak Maintenance Manager Len Jackson 850-682-5171 Scope of Work: Removed and disposed of a fuel canopy, demo concrete over the tanks and fuel lines, removed tanks and lines, backfill all, resurface areas with concrete, and performed closure sampling and report. Proiect Year Contract Tom Thumb/Kwik Sak,Memphis,TN 2014 $44,701 Murphy Oil USA, Inc.-Contact:Murphy Construction Manager Ricky McGinness 870-918-3693 Scope of Work: Performed ground-up construction. Included demolition of building and canopies, concrete paving and utilities. Removed underground storage tanks and lines. Installed canopy and building foundations, two new 25,000 gallon UST's, dispenser sumps, fuel piping, all top of tank appurtenances and sumps, electrical, plumbing, approximately 30,000 square feet of concrete paving, storm drains, striping,finish's, startup and testing. Proiect Year Contract Murphy Oil Fuel Station, Corpus Christi,TX 2016 $998,211 Murphy Oil Fuel Station,Tomball,TX 2017 $731,084 Murphy Oil USA,Inc.-Contact: Murphy Construction Manager Scott Evans 870-875-7600 Scope of Work: Performed ground-up construction. Included demolition of building and canopies, concrete paving and utilities. Removed underground storage tanks and lines. Installed canopy and building foundations, two new 25,000 gallon 11STs, dispenser sumps, fuel piping, all top of tank appurtenances and sumps, electrical, plumbing, approximately 30,000 square feet of concrete paving, asphalt paving storm drains, striping, finish's, startup and testing. Project Year Contract Murphy Oil Fuel Station, Hendersonville,TN 2015 $1,082,335 Murphy Oil Fuel Station,Waco,TX 2016 $892,133 Murphy Oil Fuel Station,Lawrenceburg,TN 2015 $703,945 Murphy Oil Fuel Station, Knoxville,TN 2015 $744,215 Murphy Oil Fuel Station 3659,Chattanooga,TN 2014 $1,044,168 Murphy Oil Fuel Station 3660, Chattanooga,TN 2015 $711,300 Murphy Oil Fuel Station, Union City,TN 2015 $1,020,178 Murphy Oil USA, Inc.-Kevin Roussel 870-875-7566 or Joseph Baker Scope of Work: Removed two 20,000 gallon UST's, install two tanks in proximaty to building, installed all top of tank hardware, new piping to transition sumps and tie into existing piping, electrical, new concrete, testing and turnover Project Year Contract Murphy Oil Fuel Station,Jackson, MS 2016 $320,074 Murphy Oil Sump Repairs-50 Locations 2016 $150,000 Scope of Work: Inspect tank and dispenser sumps at 53 gas stations around Mississippi. Remove water troubleshoot water intrusion issues, then order parts and repair. Murphy Oil USA,Inc.-John Goetz,P.E. 870-814-4106 Scope of Work: Performed ground-up construction. Includes demolition of building and canopies, concrete paving, utilities and underground storage tanks and lines. installed canopy and building foundations, two new 25,000 gallon USTs, dispenser sumps, fuel piping, all top of tank appurtenances and sumps, electrical, plumbing, approximately 30,000 square feet of concrete paving, storm drains, striping, finish's, startup and testing. Project Year Contract Murphy Oil Fuel Station, Prairieville,TX 2017 $826,177 Shelby County Schools-Contact: Ken White, Warehouse Manager 901-416-5376 Scope of Work: Perform routine fuel system troubleshooting and repairs, including the installation of dispensers, credit card processing system, and automatic tank gauging system. Prgiect Year Contract Fuel System Maintenance 2014 Various Auburn University,AL Facilities Management-Contact: Wendy Peacock,, Proj, Mgr. 334-844-9266 Scope of Work: Furnish and install two 20,000 gallon [SST's, furnish all tap of tank hardware, dispensers, credit card processing system, two vehicle wash bays, concrete, electrical startup and testing. PLOl Year Contract Rem/Replace UST Sys. &Wash Rack 2015 $424,002 Cannon S Cannon Contact Tim Tucker 865-670-8555 Scope of Work: Complete new fuel system design for one 20„004 AST, new fuel system piping, off-loading pumps, electrical, credit card reading system, tank gauging system, concrete, startup and testing, Prat Year Contract Maryville, TN Operations Ctr, UST Repl. 2017 $322,143 Brazoria County Purchasing Dept. Contact: Clay Forister, P.E., Proj, Mgr. 979-864-1265 Scope of Work: Furnish and install two new AST's, new underground and aboveground fuel piping, credit card processing system, new canopy, canopy lighting, electrical, oftater separator; storm drain system, asphalt and concrete paving. Project Year Contract West Service Center Fuel Station 2017 $729,236 Circle K Food Stores-Contact: Scott Janashak-RemediationlConstuction Manager Scope of Work Install owner furnished underground storage tanks, furnish and install new double wall fiberglass piping, all tank components, and dispenser sumps. Perform compliance activities and multiple locations. Project Year Contract Circle K- Hammond, LA 2016 $317,648 Circle K-Baton Rouge, LA 2017 $324,693 PROJECT SCHEDULE Week 1—Mobilization/Permitting/Receive Equipment/Sawcutting/Demolition Week 2—Remove Tanks and Lines Week 3—Backfill Tank Hole/Setup and pour new Tank Pad Week 4—Received New AST/new Dispensers and other Equipment/Set Dispensers/Start Piping Electrical Rough-in Week 5—Complete Piping/Air Test/Final Wiring Week 6—Startup System/Finishes/Final Inspection SCHEDULE OF VALUES Mobilization/General Requirements-$15,000 Demo/Tank Removal- $15,000 New Concrete Pad - $20,000 Electrical $18,000 Tank Installation $42,500 Other Fueling Equipment $85,000 Finish's and Startup $12,000 Total $207,500 Cobb Environmental&Technical Services,Inc. Organizational Chart -71 Brian obb President Superintendents Health & Safety Quality Control Managers Sammy Richards Robert Langford David St. John 615-474-7323 Health&Safety Coordinator Staff Engineer 662-871-0184 662-523-8286 Chrs Nutt Melvin Aycock Jimmy Franks L601-5iO6-8369 staff Geologist 662-401-1784 662-871-8272 .Timmy Cook 662-554-2902 Larry Williams 662-587-1145 Project Schedule:Contractors shall provide a project schedule that includes all major tasks pursuant to the Scope of Work and Specifications. The project schedule shall show all tasks in the left most columns and their duration shall be plotted horizontally versus time. A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11high by 17"wide. The project schedule must be submitted with the bid. During the term of the contract the Contractor shall submit monthly project schedules showing planned work and actual work accomplished. Schedule of Values:Progress Payments will only be made after completion of those tasks and/or subtasks identified on the Project Schedule and Schedule of Payments. Progress Payments will be made during the project no more frequently than once per month. A payment schedule must be submitted with the Bid showing the name of each task and/or subtask,the name of the deliverable document for each task and/or subtask,total task and/or subtask cost,planned payment dates for each task and/or subtask,and the amount that would be remaining in the contract account. Upon receipt of final project completion documentation,final project payments will be approved. Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. Communications: Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. 2.11 PROVIDER'S LEGAL AND COMPLIANCE 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 Providerto provide all the information requested and to certify the report,will result in the Provider's submittal being declared non-responsive. Provider shall attach a written report of legal action brought against Provider,Provider's officers,Provider's employees, AND Provider's proposed subcontractors relating to the protectio Jr the environment. The terms"legal action"and"relating to the protection of the environment"are defined below. The report shall include all legal action brought within five(S)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 Judgment and Order of Judgment "LEGAL ACTION"means:ANY enforcement action by the United States Environmental Protection Agency,the Occupational Safety and Health Administration,any other federal agency,the Texas Commission on Environmental Quality(including its predecessor agency the Texas Natural Resource Conservation Commission),the Texas Department of State Health Services(including its predecessor agency the Texas Department of Health),and any other state agency,commission or department,whether in Texas or elsewhere,when such enforcement action is a result of violations,real or alleged,of any laws,licenses, permits,judicial orders,or administrative orders,relating to the protection of the environment. In this ENV 17-04 Page 23 of 63 ApH 13,2017 r context,enforcement action shall include without limitation,written warnings,notices of violation,consent orders or agreements,compliance orders,administrative hearings,civil litigation,and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment "RELATING TO THE PROTECTION OF THE ENVIRONMENT"means:requirements pertaining to the manufacture, processing,distribution,use,handling,storage,transportation,reporting,records keeping, permitting,licensing,treatment,disposal,emission,discharge,spill,release,or threatened release of hazardous materials,hazardous substances, hazardous wastes,toxic substances,petroleum,industrial waste,solid waste,pollutants or contaminants into or onto the air,surface water,drinking water groundwater,stormwater, publicly owned treatment works,and/or land. 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 of legal action is attached. The bottom portion of the form is to be completed if Provider has no legal action to report.Make certain that the appropriate portion of the form is filled out and signed. AN AUTHORIZED REPRESENTATIVE OF THE PROVIDER shall mean: (1) if the Provider is a corporation: the president,secretary,or treasurer,ora 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 OF LEGAL ACTION FOLLOWING THE CERTIFICATION PAGE AND INCLUDED WITHIN THE PROPOSAL PACKAGE ENV 17-04 Page 24 of 63 April 13,2017 : Certification of Provider's Legal and Compliance History Complete ONE of the Following Certifications: Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Provider's,Provider's officers,Provider's employees,and Provider's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. 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: Cobb Environmental & Technical Services, Inc. BY: Brian Cobb Comp�nyidam (print or type name of signatory) _ President (signs Title(print or type) 5--1/0.1-11/ Date u.... ...w. w a ENV 17-04 Page 25 of 63 April 13,2017 � y i 2.12 PERFORMANCE AND PAYMENT BONDS For projects in excess of$50,000,the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253,as amended. In order for a surety to be acceptable to the City, 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. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the total contract price is$50,000 or less, payment too the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. If the contract is in excess of$50,000,a Payment Bond shall be executed,in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall also be provided, in the amount of the contract,conditioned on the faithful performance of the work in accordance with the plans,specification,and contract documents. Said bond shall be solely for the protection of the City of Fort worth. ENV 17-04 Page 26 of 63 April 13, 2017 Bond# PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, known as"Principal"herein and a corporate surety(sureties,if more than one) duly authorized to do business in the State of Texas,known as"Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal sum of, Dollars(,Sa0 lawful money of the United States,to be paid In Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered Into a certain written contract with the City awarded the day of .2017,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law,in the prosecution of the Work,including any Change Orders,as provided for in said Contract designated"ENV-17-04:Village Creek PST". NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders,under the Contract,according to the plans,specifications,and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void,otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. ENV 17-04 Page 27 of 63 April 13,2017 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 2017,. PRINCIPAL: BY: Signature ATTEST: (Principal)Secretary Name and Title Address: Witness as to Principal SURETY: BY: Signature Name and Title Address: Witness as to Surety Telephone Number: ENV 17-04 Page 28 of 63 April 13„2017 ► i a *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK ENV 17-04 Page 29 of 63 April 13,2017 Bond# PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, known as"Principal" herein,and a corporate surety(sureties), duly authorized to do business in the State of Texas,known as"Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of the State of Texas, known as"City" herein,in the penal sum of, Dollars_5 Z, lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City,awarded the_day of , 2017,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment,labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated "ENV-17-04:Village Creek PST". NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any(and all) payment bond beneficiary(as defined in Chapter 2253 of the Texas Government Code,as amended)in the prosecution of the Work under the Contract,then this obligation shall be and become null and void;otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statute. ENV 17-04 Page 30 of 63 April 13,2017 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 02017 PRINCIPAL: ATTEST: BY: Signature (Principal)Secretary Name and Title Address: Witness as to Principal SURETY: ATTEST: BY: Signature (Surety)Secretary Name and Title Address: Witness as to Surety Telephone Number: *Note: If signed by an officer of the Surety,there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided. The date of the bond shall not be priorto the date the Contract is awarded. ENV 17-04 Page 31 of 63 April 13s 2017 2.13 BID SECURITY Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth,in an amount of five(5) per cent of the bid submitted. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids,unless the Bidder agrees to an extension.The surety must be licensed to do business in the State of Texas. PLEASE ATTACH BID SECURITY(CASHIER'S CHECK OR BID BOND)FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK ENV 17-04 Page 32 of 63 April 13,2017 Alliant Insurance Services, Inc. 1817 Crane Ridge Drive, Suite 300, Jackson, MS 39216 pH 601-709-4613 WATS NIA FAX 601-709.4615 BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Cobb Environmental&Technical Services, Inc. P.O. Box 1602,Tupelo, MS 38802 as Principal,hereinafter called the Principal,and Merchants Banding Cornyany(Mutual) P.O. Box 14498, Des Moines, IA 50306-3498 a corporation duly organized under the laws of the state of IA as Surety,hereinafter called the Surety,are held and firmly bound unto City of Fort Worth 200 Texas Street, Fort Worth, TX 76102 as Obligee,hereinafter called Obligee,in the sum of Five Percent of Amount Bid Dollars(S 5% }, for the payment of which sura well and truly to be made.the said Principal and the said Surety,bind ourselves,our heirs,executors,adminis- trators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Prinicipal has submitted a bid for Project#: ENV 17-04, Village Creek PST, as per proposal 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 gime such bond or bonds as many be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prowcu tion thereof,or in the*vent of the failure of the Principal to enter 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 in good faith contractwith 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. Signed and sealed this, 11th day of , may", T r r""1' 20117 Cobb Environme_`n(`al�Technica75e&ces, Inc. 14X c (Principe!} (seal) r,Mary G. avis (Mrtness) $y ~ .,.�,`�President B Cobb (TJtV °•"'• Merchants Bonding Company(Mutual) .a1q� •. ;' ;•;p'!�i+rb;;' .,��s (Surety) laie White (Attorney-in-fact&Rt.Miss,Apnt) Angie M. Strickland '0" BONDING COMPANY. POWER OF ATTORNEY Know All Parsons By These Presents,that MERCHANTS BONDING COMPMY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the'Companies')do hereby make,constitute and appoint, individually, Angie M. Strickland their true and lawful Attorney•in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,the following surety bond: Surety Bond#: Bid Band Principal: Cobb Environmental&Technical Services, Inc. Obligee: City of Fort Worth This Power-of-Atlomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Banding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc..on October 24,2011. 'The President,Secretary,Treasurer•or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomays-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seat of the Company thereto,bonds and undertakings•recognizances,contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be allixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking„recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed:' In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attomey-in-Fact inciudes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it Is agreed that the power and authority hereby given to the Attomeyin-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of August,2015. prrprrrrrr •••••*'•r MERCHANTS BONDING COMPANY(MUTUAL) b�o,d�~~� ZICYNI(c ••�4�� MERCHANTS NATIONAL BONDING,INC, OR�r:�� P�A'�.►?fix: -o- �•�s 2003 '• 1933 e~, L) By STATE OF IOWA '•"+ru7rr1�Nlil�rrr4'*, .a•+ .•°\° COUNTY OF DALLAS ss. President On this list day of August 2015,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he Is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seats of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of!hair respective Boards of Directors. W€NDY WOODY Commission Number 784454 My Commission Expires r June 20 2017 Notary Pub County, Iowa (Expiration of notary's commission does not Invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC„ do hereby certify that the above and foregoing is a true and correct copy of the POWER•OF-ATTORNEY executed by said Companies• which is still In full force and effect and has not been amended or revoked. In Witness Whereof,1 have hereunto set my hand and affixed the seat of the Companies on this 11 th day of May 2617 s� _: • t2.,—: Secretary �'• 2003 4 `�' 1933 '3; J . :• �yJ. �`C •� 1if •° POA 0007 (611 5) ""'rrrrrrrr,rrrr,rr�r',` ••...... 2.14 PREVAILING WAGE RATE A Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE,Chapter 2258,with respect to payment of Prevailing Wage Rates for public works contracts. The current wage scale for members of the Building and Construction trade may be found at: http://www.texoassociation.org/Chapter/wagerates.asp. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed;and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract,or a subcontractor of the contractor,shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code,and intends to comply with same in the execution of this project. CONTRACTOR: Cobb Envirorinental & Technical Services, Inc. By: Brian Cbbb _ Company Name pe name of story) 871 South Green Street Address (Signature) Tumlo. NIS 38804 President City,State,Zip Title(print or type) ENV 17-04 Page 33 of 63 April 13,2017 2.15 WORKER'S COMPENSATION COMPLIANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas labor Code Section 406.096(a),as amended,Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project,designated "ENV-17-04:VILLAGE CREEK PST." Contractor further certifies that,pursuant to Texas Labor Code,Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Cobb Environmental & Technical Services, Inc. By: Brian Cobb Company (Please Print) 871 South Green Street Signature: ` IdIl Address Tupelo, NLS 38804 Title: President City/State/Zip (Please Print) ENV 17-04 Page 34 of 63 April 13,.2017 MSSISSIPPI THE STATE OF § § KNOW ALL BY THESE PRESENT: COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared Brier. Obbb known to me to be the person whose name is subscribed to the f g instrum and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this&f day of nift 2017 Notary Public' and for theS*e.af VIM `Mig.M�SSippi MARY G. DAVIS ENV 17-04 Page 35 of 63 April 13,2017 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders.This law provides that,in order to be awarded a contract as low bidder, non- resident bidders(out of state contractors whose corporate offices or principal place of business are outside of the State or Texas)bid projects for construction,improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications.The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in (give State),our principal place of business,are required to be percent lower than resident bidders by State law.A copy of the Statute is attached. Non-resident vendors in Mississippi (give State),our principle place of business,are not required to underbid resident bidders. B. Our principle place of business or corporate office(s)is in the State of Texas. 13 Bidder: Cobb Environmental& Technical Services,Inc. Company Name Brian Cobb By:(Please Print) Signature President Title(Please Print) ENV 17-04 Page 36 of 63 A rfil O,2017 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F�H � ®® COUNCIL ACTION: Approved on 11/7/2017 REFERENCE ** 23VC PST REMOVAL AND DATE: 11/7/2017 NO.: C-28460 LOG NAME: REPLACEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Cobb Environmental and Technical Services, Inc., for Removal and Replacement of Petroleum Storage Tanks at the City of Fort Worth Village Creek Water Reclamation Facility Located at 4500 Wilma Lane for a Cost Not to Exceed $207,500.00 (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize execution of an exclusive contract with Cobb Environmental and Technical Services, Inc. for the removal and replacement of petroleum storage tanks at the City of Fort Worth Village Creek Water Reclamation Facility located at 4500 Wilma Lane for a cost not to exceed $207,500.00. DISCUSSION: The City of Fort Worth works to ensure all City of Fort Worth facilities and operations maintain compliance with federal, state and local environmental rules and regulations. As one example, Environmental Management Staff in the Code Compliance Department work to ensure internal, municipal compliance with federal/state environmental regulations that govern operations and maintenance of City-owned petroleum storage tanks. In 2016, underground petroleum storage tanks located at the City of Fort Worth Village Creek Water Reclamation Facility located at 4500 Wilma Lane, were identified for replacement following an inspection by the Texas Commission on Environmental Quality (TCEQ). This project is an approved Supplemental Environmental Project (SEP) supported by the TCEQ. The project will completely remove and replace underground petroleum storage tanks with above-ground storage tanks to support fuel needs to maintain City of Fort Worth operations and services. A Request for Proposal (RFP)for removal and replacement of petroleum storage tanks at the City of Fort Worth Village Creek Water Reclamation Facility (4500 Wilma Lane) was advertised on April 13, 2017 Responsive submittals were received from the following three firms on April 27, 2017: 1. Cobb Environmental and Technical Services, Inc. 2. D&H United Fueling Solutions, Inc. 3. Stovall Corporation The submittals from each of the three firms were reviewed and rated by a committee, based on the published weighted selection criteria. The six criteria and their respective weightings were: (1) the firm's proposed cost(35 percent); (2) the prime contractor' s proposed project team members and their experience (35 percent); (3)the proposed project schedule (10 percent); (4)the proposed MBE participation and plan (20 percent). Cobb Environmental and Technical Services, Inca was selected as the most highly qualified respondent based on MBE compliance and demonstrated competence and qualifications provided in the Statement of Qualifications to perform the services in accordance with Chapter 2254 of the Texas Government Code. http://apps.cfwnet.org/council_packet/mc review.asp?ID=25230&councildate=11/7/2017 11/8/2017 M&C Review Page 2 of 2 The Code Compliance Department's Environmental Management staff have coordinated this project with Staff from both Property Management and Water Departments. Cobb Environmental &Technical Services, Inc., is in compliance with the City's BDE Ordinance by committing to 17 percent MBE participation. The City's MBE goal on this project is nine percent. This contract provides services at the City of Fort Worth Village Creek Water Reclamation Facility located at 4500 Wilma Lane in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated,within the Environmental Protection Capital Project Fund. TO Fund Department Account Project Program Activity Budget Reference# TAmount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget I Reference# Amount 35005 023D ID Year (Ghartfiehd 2} 00 _ 5330201 100504 00088 99999 $207,500.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brandon Bennett(6345) Additional Information Contact: Cody Whittenburg (5455) Elmer DePaula (7251) ATTACHMENTS VC PST 1295 Cobb.pdf VillageCreekWWRF Map.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25230&councildate=11/7/2017 11/8/2017 0 -as " 0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 of a Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-248989 Cobb Environmental&Technical Services,Inc. Tupelo,MS United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/14/2017 being filed. City of Fort Worth,TX Date Acknowledged: rIIl �L0- 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. ENV 17-04 Village Creek PST UST Removals and Installation of AST at 4500 Wilma Lane,Fort Worth,Texas Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Cobb Environmental&Technical Services,Inc. Tupelo,MS United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and Torre, Si re of authorized agent of contracting business entity AFFIX NOTARY STAMP!SEAL ABOVE ®� MtSSP Sworn to and subscribed b@k)#V14T��gykheunTIf'f ae� Ceeao this the _day of Jq . 20 /'7� to certify wlUbla�ui Qi my hand of office. MARY G DAVIS �xPara.. A-arY G. Davis Notary Public Signature of o .er adrNni �rin'-oath 'y Printed name of officer administering oath Title of officer administering oath Farms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.888