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Contract 27014
CONTRACT BETWEEN CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC., PROJECT # DEM01-10GCLR FOR LEAD CONTAMINATED SOIL REMOVAL AT 1950 SILVER CREEK RD. JULY 2001 OFFICIAL ECO o CNN 03"EARY Ro �Ij C HI TEXa CITY SECRETARY � STATE OF TEXAS § CONTRACT Np, COUNTIES OF TARRANT AND DENTON § CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL This Contract is entered into by and between the City of Fort Worth, a home-rule municipality located within Tarrant and Denton Counties, Texas, acting through Libby Watson, its duly authorized assistant city manager ("City"), and Eagle Construction and Environmental Services, Inc., a Texas corporation, acting through Joe Walraven, its duly authorized president ("Contractor"). WHEREAS, the City desires to conduct a project to remove lead-contaminated soil from the facility formerly known as the Fort Worth Rifle and Pistol Club, located at 1950 Silver Creek Road, Fort Worth, Texas, ("Facility") and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such a soil remediation project; and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such a soil remediation project: WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; City's Representative means the Director of Environmental Management, Brian Boerner, CHMM, or his designee. Contaminated Soil means any such soil, earth, or dirt, or related material found or suspected to be infused with, or containing lead, hazardous substances, hazardous wastes, or pollutants. CAN BRAA'CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 1 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. J0001k Contract Documents means the Proposal Documents, Project Drawings, Final Specifications, and this contract. Deliverable Document means a report, photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the soil remediation and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells resulting from 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, m DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 2 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. G�C(MM CNN in',Ely Udo U'J'L��US�UUp U��`„ or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, 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. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Proposal Documents means Part 3 of the Request For Proposal and all ancillary documents required to be submitted with the proposal. Subcontract means a contract between the Contractor for this project and another person or company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall furnish all labor, materials and equipment necessary for the removal of approximately four thousand (4,000) cubic yards of lead contaminated soil from the Facility. 1. The removal includes the top six (6) inches of material from the flat areas of identified ranges plus removal of twelve (12) inches of the earth berm backstops. The City will meet with Contractor at the site prior to work commencement to identify contaminated areas. 2. The City has determined that it is in the City's best interest to remediate to background concentrations (Standard No. 1). During removal, sampling shall be done to assure that the soils remaining in place meet background concentrations. Background concentrations are defined as the range from 4.48 to 50.9 ppm total lead. The background data for total lead included a total of 41 samples and may be described with a mean concentration of 23.4 ppm, standard deviation of 12.83 ppm, and upper 95% confidence limit of 26.8 ppm. Cleanup will be deemed complete when the confirmation samples are not statistically significantly different from background data. In simple terms, the mean of the confirmation samples should be close to the mean (23.4 ppm total lead) of the background data. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 3 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. 0i KKK L EEC0RD �o ' �'�VIIHI V 3. All materials that are removed shall be stockpiled on-site. Each stockpile shall contain about 50 cubic, yards. One sample from each pile shall be tested in the specified laboratory. If the results of the sample are less than 1.5 ppm lead using a TCLP analysis, these soils may be manifested and disposed as a Class 2 Non-Hazardous Waste within the State of Texas or as a Non-Hazardous Waste in accordance with other states requirements. If the results are greater than or equal to 1.5 ppm lead and less than 5 ppm lead using-a TCLP analysis, these soils may be manifested and disposed as a Class 1 Non-Hazardous Waste within the State of Texas or as a Non-Hazardous Waste in accordance with other state requirements. If the results are greater than or equal to 5 ppm lead by a TCLP analysis, the soils shall be stabilized with lime and/or other chemicals and re-tested. If the re-test results are less than 5 ppm TCLP, the soil shall be manifested and disposed as a Non-Hazardous Waste. If the re-test results are greater than or equal to 5 ppm lead by a TCLP analysis, the soils shall be manifested and disposed at a registered/licensed hazardous waste facility. 4. No soil replacement is required. 5. Any tires, concrete debris, wood, trees, or other materials which interfere with the removal of lead contaminated soil shall be removed and disposed of in accordance with applicable laws and regulations. B. Contractor certifies that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to allow lead-contaminated soil removal as required by the contract. C. All contract documents are hereby incorporated into and made a part of this Contract. 3. SCOPE OF CITY SERVICES .The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor and render City decisions. B. Coordinate with facilities, City departments, and any tenants for access to the site. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 4 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. 01kDD +�H U U� W U �,, W-:f.TH 0. 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor agrees to begin work on the project within five (5) days from the date of the Notice to Proceed, and to complete all phases of the work within thirty (30) days from the date of the Notice to Proceed. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor. 6. COMPENSATION A, The City and Contractor agree that the total cost of this contract shall not exceed $103,000 (one hundred three thousand dollars, and no cents) B. The City will not be liable for any Contractor costs in excess of the Not-to-Exceed amount unless City has signed and issued a formal Modification to the contract. C. Contractor will be compensated in accordance with the unit prices detailed in the Contractor's letter dated February 15, 2001. D. City will make Progress Payments to Contractor only after completion of those tasks and/or subtasks identified on the Project Schedule. E. Progress Payments will be made during the project no less often than once per month. F. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, updated Schedules of Payment and the Deliverable Document for each task completed. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 5 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. 7. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $1000.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 8. INSURANCE REQUIREMENTS Contractor certifies that it has and will maintain during the term of this Contract, at least the following insurance covering the services to be performed A. General Liability Insurance - $1,000,000 minimum per occurrence combined single limit for bodily injury and property damage. B. Automobile Liability Insurance - $1,000,000 per occurrence combined single limit for bodily injury and property damage. This policy shall include pollution coverage; that is, it shall not have the pollution exclusion. Plus, the policy shall cover loading, unloading and transporting.materials collected under this contract. C. Worker's Compensation-- Statutory limits for Worker's Compensation plus employer's liability at a minimum of $1,000,000 each accident; $1,000,000 disease - policy limit; and $1,000,000 disease - each employee. D. Environmental Impairment Liability (EIL) and/or Pollution Liability-- $1,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract project shall be included under the Automobile Liability insurance or other policy(s). NOTE: BETWEEN A AND D ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE COVERED; IN ADDITION TO SUDDEN AND DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 6 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS AND CLEAN-UP COSTS SHALL BE COVERED. E. The following shall pertain to all applicable policies of insurance listed above: 1. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Fort Worth." An equivalent clause may be acceptable in the discretion of the City of Fort Worth. 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under the contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." 5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Director of Risk Management for the City of Fort Worth. 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 7 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. E. The obligations of the Contractor under this paragraph shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. F. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this paragraph. G. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1. If the claim concerned remains unsettled at the expiration of the said thirty-day period, the Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims; and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six-month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six-month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six-month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 9 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. 10. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards, which are presented to persons, property and the environment by lead shot and lead contaminated soil. 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. 11. BONDS A. Contractor shall be required to give the City surety in a sum equal to the amount of the contract. Contractor shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract. The form of the bond shalt be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. B. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. C. No sureties will be accepted by the City, which 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. D. 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. A Performance Bond shall be executed, in the amount of the contract, and conditioned on the faithful performance of the work in accordance with the Contract Documents. Said bond shall solely be for the protection of the City of Fort Worth. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 10 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. D. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. E. City may terminate this Contract with or without cause upon thirty (30) days prior written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. F. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 11 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. 13. MODIFICATION No modification of this Contract shall be binding on Contractor or the City unless set out in writing and signed by both parties. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable document(s), and schedule of payments. 14. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 15. MINORITY AND WOMEN BUSINESS ENTERPRISES Contractor has committed to 15% percent for Minority/Women Business Enterprise participation on the contract. 16. NON-DISCRIMINATION A. During the performance of this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 12 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. row C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 17. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 18. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 19. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 20. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 13 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. 21. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Brian Boerner, CHMM, Director City of Fort Worth Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Contractor: Marc W. Walraven, Vice President Eagle Construction and Environmental Services, Inc. PO Box 872 Eastland, Texas 76448 22. ENTIRETY This contract, the contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 23. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 14 of 15 BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. w w CITY OF RT WORTH CONTRACTOR •A BY: BY: jszekww� Libby Watson Joe airaven �,4k6� Assistant City Manager President ATTEST: WITNESS: 0-MIT `l Gloria Pear n City Secretary M&C 17-12 SEAL � C. 2000 t APPROVED AS TO FORM CORPO SAI AND LEGALITY: A ,ate Assistantrney Contract Authorization 7 Date CRL07.31.01 DraftV.2 DRAFT CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL Page 15 of 15 BETWEEN 77-lE CITY OF FORT WORTH AND EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,INC. 1 1 Bond Number: SEC1000588 1 Premium: PAYMENT BOND 1 THE STATE OF TEXAS 1 COUNTY OF TARRANT 1 KNOW ALL MEN BY THESE PRESENTS: 1 That we, Eagle Construction and Environmental Services, Inc., a corporation of Texas, hereinafter called Principal, and GREENWICH INSURANCE COMPANY a corporation organized and under the laws of the State and fully authorized to 1 transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas,hereinafter called Owner,in the penal sum of: 1 One hundred three thousand dollars ($103,000) in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which 1 sum well and truly to be made, 'we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly by these presents. 1 THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the City of Fort Worth, the Owner, 1 dated the 6th day of August, A.D. 2001, a copy of which is hereto attached and made of part thereof, for: 1 Labor, materials and equipment necessary for performing removal of lead contaminated soil from the former Fort Worth Rifle and Pistol Club, 1950 Silver Creek Road, Fort Worht,Texas. 1 Designated as Project Number DEM01-410GCLR, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent 1 as if copies at length herein; such project being hereinafter referred to as the "work." 1 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and contract documents during 1 the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless 1 the Owner from all costs and damages which it may suffer by reason of failure to do 1 1 1 so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in three counterparts each one of which shall be deemed an original, this the hth day of August, A.D. 2001. PRINCIPAL ATTEST: BY: Lr� rc W. Walraven Vice President of the G.P. EAGLE CONSTRUCTION AND ENVIRONMENTAL (Principal) SERVICES, LP BOX 872, EASTLAND, TX 76448 ��DENVIR�,y�� j (Address) (SEAL NCI �Pl j (Witne ' MEE CH S OMPANY � j v$�Ti�re ty ATTEST: i ttorney-m-fact) ti RIe1 s--4. ROSSANDER $0X 351, EASTLAND,T X 76448 (Surety)Secretary a (Address i am GRErENWICH INSURANCF- COMPANY Nrr, G-103-472 POWER OF ATTORNEY ignEu al Zeit " thesie jJrPs}xzt#a: that GOUNWICI+IMfl ICE CR7MPANY.i Cacionlla Curpartitmn Ithe IL6rpsirdelon') with rvrllccE st 70 Seivlew A4Emire, Stamlonl, Connuclut,C690-.has made. uni-iuraG and appnlntesd irA by Illow ormsents.rhes mak,eensilhdr and iw1hr Richard L. Rgsoaridet, Mike Perry. daWa Kinnaird its true and iairytati Attoine71(5')in apt at a N nr td tke ate tit X , k !tractl tat ttn ttr trove toll power to act withpult the otter or others;to maker ex and deMuer cin baiMattr a ►ra ai co strdh a r;tlplNt� antt trtdl W n nY N Ithtltt d b rN ttttte atNd alar air.ids.betraM els aetgred kt'r rnawais, extenslgns,agta'bmentsr tla vets,consents aT atidutaltk'r 'tt to l4 Nltltitid 4r i�0tt�{ is�t�tlo�rr tNtt4t n,�dl�'�e tRa tMNh�lw,r�ftp't�atM biGatoOW and delivered shall obligate the Corpot n,of the 8+ F rt t Fts of ttuq r Liars( 2 145,000 sold of T ION undr y e housar� S s purer by aa1d attol"naY(8)40�04JW p*kbe 0100i00 urtidwl� dor l OM aartarr jpterlyaa 11 lip*by the PrwWrhlt of r a b o fW a4 - der r ugon adaNplti trte' ', of�Wtttis+ Gpttitt pt ' and Held an to a yah day al API,zaaD,a coVy of ism — -_ Ttii + r rney n ed lry hr�slta�s alder anrtleuihortte fob b� �Board ot;tlinlictors i1t the Corporation by unanimous Written Consent on or r hoa refit swn trsdn rid, eat �SQt*y�Daat,at'pr d tiowp'a;�, attptltaw�r ptirattpnt to ino�d t r �orpotattlatt at a'rrliNp drily called,and heid on March 1 t, 1 s n au+rt dlreclprs dndrd end„ �� � > — _ oorn�i!�dry�+ ��we� 1pereto�ta�tmi�e;ark any _ t're 1 rdapt to anY taond or trrr �i+ to .. suct power of>tttarrray,tlr q�rafrt ;td ddartnd„ �t i+ simi'�srg= - tEl to which ft is attachat:`'' r nI�Pni Atrorrtepna jpte ArA 0 atdlr Y hrrrermder shall 4rrn�rlale 1AMIlkit notice at,rridlr,011(5iaod time wdlese,Vila afiorMA51-in 1ac1 Ir ailrliftowd to act) tJ t�rte rn t}$r 02 30th November try WiTta= W14REGF the crAvorallan wi cawed these p-resenrs to lay 4oily s.gnud aM its enrposale wal to be hilt-Unlo a?I.xsrl mid alltilm tnis,.., aati nt 20 ., ,, 9 34R�z, rr� 1'wdlTdruae 5ea'l GREthltMICH rr6llnANCE compANv a. soaT Est tlra+y 1 . t i e. By Mary ,A, i Ody, Vice Rr sidr nt STATE CIFCq _ KA4 Stamford f Ctli:raT FANt`ttGL� 30th November 00 der. A. Roddy. VICe Presidont �s um;re deI Ware m+ sHganahtrsle.. so tb rn@�n,5�ha Ing by me duly sworn.did ftpose aria say tnal is)ne r&&luras in i orwelk+,01 Voce 1'rBSlCtom . ... ... .. ... ,.-�;,.or a:�Ef3dV,'rCN INStiRahF:+E CgA6PAk"r, 1i,.,L ffgv-m id and U%d 1.10 above Irmlxumen t the lalha 4Mws Lie hem or uA corpora4ion;shat the sea a'lind 1q solo ln6trtKmarN is smart e4)ruarata Seal;Char It was so affixed uraa8 or the 9saro 9ltiwirtal n1 primrallprr,-IM 111W lfM Nried tt-s ar)Ili tirmaM by IINF order Sin n140p'n Public ” r CERTIFICATE My Commission E res 12#31 4004 STATE f]FCt7Mla#I';taCLaT Starrifclr�t CCIJMT'Y 4F FdtRflE60 .. [ 1CarenMWriete i !isTBnt Secretary . . n . . . . .... ... _. .. . .,t�........ ..... ... ,.,. ...ql r�DE�,wrcM 11Y5URahr;.E cn�Pdltitir. a Carltooria corporation ithe'torpontira").her+rby r Y 1,>!hal the ariginyl poftr W aituii 1w ud when the ioreprrrrp<s a wuy wa3 duty doomed an bahiH M fill Corprxt bon anti h46 not%ace tim raymm.immno qt moe4ot.lhet Rhe owermail=rt has c1knlFar+Jlf the ral EgQlr-,p 4.sp4 rnwarT w U'iha arig■lu Vawu4 wf Ago'pay :rid Jr-i re fs 0 rr a torTd eGrci'�NoGy®t ft rk*+V Rower-I?afrttr�arap am at turd�xaRc�Pimir�fT,.. 2,Ta roHC�Iptarq 04*11ore iylslch wrw5 adripumt by tho Wi iM of phew s of the Corporirlon ey onarlimoles wrluaM1 G6ment on A01 S,2610a alld said rewullons Brave+lot since been reww?[9. imraaddq of moelr+ed.- )2f.5E1UHy 14191 00d1 10 11V-411"6315 rib FIN aglow la�authorized to make,-wamm, seal and hardier for and on betratl of the Curpuratrar any a•id all bonds, undertump or eollpatigns in surety or 40 CIIY5rrrey yKN1 oU911s I Laura r. -I]aRahan S*11 M.owty Mary A.Had" Bu#aMd K rcAller 1_yrin M POE s RES6mn fi-Io N'line each bt IN indkritiAL- routed above Is aumorized ra amp*1 altarmys-hri-W tot the purooso of mowvq. rxecvl'■la, wHlv clad elellverin➢ nand€, uTiciartaWNY or obllpaboris In su retW ca-lwmk'or grad bn orhmll u1 try@ Corporatlgn" 3. Tho Irndernlgned Tur'her curtlFla9 Triol tale afi%a r1IM1 yliMs Ari IYtle and 01(BG VDDe5 as Int:t4pf31latlQrbi 4 Ila rnCoriJed bad DI the whole lrpaa'e[ir. IN W'ITNa WH�RtCIF.I have hereunto sat my nand and alf-d the carparaid geai this ., b tit qay y .. 4Ug1..S•1r ....2tl l r IhnIPI.nIrS�rlll TF Is D7LYIm[m 1 is p mwrt a cafare i Doncrad"sa.Vp OK-31 A 14 rW dUC:lMs uta vrsd ■ ■ Bond Number: SEC1000588 ■ Premium: PERFORMANCE BOND ■ THE STATE OF TEXAS ■ COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, Eagle Construction and EnvironmentalSerHiCes Inc., a corporation of Texas, hereinafter called Principal, and COMPANY a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas,hereinafter called Owner, in the penal sum of: ■ One hundred three thousand dollars ($103,000) in lawful money of the United -States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. j THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the City of Fort Worth, the Owner, i dated the 6th day of August, A.D. 2001, a copy of which is hereto attached and made of part thereof, or: i Labor, materials, and equipment necessary for performing removal of lead contaminated soil from the former Fort Worth Rifle and Pistol Club, 1950 Silver Creek Road, Fort Worth,Texas. Designated as Project Number: DEM01-10GCLR, a copy of which agreement is hereto attached, referred to, and made a part hereof as fully and to the same extent l as if copies at length herein;, such project being hereinafter referred to as the "work." NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and agreement documents during ` the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless l the Owner from all costs and damages which it may suffer by reason of failure to do L a so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; L otherwise to remain in full force and effect. L PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. a AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the a specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in three counterparts each a one of which shall be deemed an original, this the 6th day of August,A.D. 2001. ` Eagle Construction and Environmental Services,Inc. PRINCIPAL IL ATTEST: BY: Marc W. Walraven ` Vice President of the G.P. EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES (Principal) LP ` � o.�FID FN���� BOX 872, EASTLAND, TX 76448 (Address) ( p ) 2000 N L (Wlt � to P�1 Ipal) GREE C SU CO ANY Surety ATTEST: ttOrri . -fact) ` - -RICHARD-L. ROSSANDER (Surety)Secretary EASTLAND, TX 76448 L L GREEWWWNSURAIN E CQMPANY— No, G-103=476 POVVER-OF ATTORNEY ;r1f *T*ft Itop, rg*000c 00116AEE'OW104 INSf11 0C$�OdM a — Ion'( .`&rF?vgunl w,hi oliiues sl i13 Seawlew AvNua, 5talmlunr Cmrn�i�a1,16902,has made,cot�tuted 2appointed,and by these presents,drys make;constitute&W appolrit © U sate Kid 4wNI Attomeyls)-m-Fail,Al- Eastland in file S4ete W . T and each or herr to Ike rill PIVWer to aal Wkihanq Irlu D11`10r Ur igl"rs WR maker emicute and deliyer OD Its Dehal as surety or rC sivety,bonds and uA0mr1ohings givan rar Any and M purpom,Am tD eaea;utf and do"r an is Mhall as afar85nld renswalli. arsrkl1111a s,agneelrlents,hla tim.comerrms ar stlpulalioP5 relaxin}ab S-.Ich tiorm(s or wldAriakings provided no'rveyer,heat neo-4101p iapnd or unaediaklnd 5a made.execs ed and d kmere.d+Jixrl abllgatd OR WP[IrAtkm lar my pori ir.;l at thm,teem[mini Oereol m ext9S n Dr rhe sum at Two Miflion Four HU.ndri�d Thirty.-Nine Thousan"� ,�r>,�,��S 2,439 000 FlAic l Miz and 4ndyfla�k�nyg rprP&W purpdm,groan rlulyi exectrlayJ Dy said ahornayIS)d114ras4 tl6hlnt upon than Corpgr ,las anll t4 S)W am 11 eighatl Oy the Lre�Idercr of # lihe Cprp4mitnt•kinder its t&poma Wil etimoo 4 lis IGarporare 5eere'tary This ap Itmat Mrr;4e under end by Authority of cerlaln resoluhmns amptnd by trio:1aard at Dtrec bas of etorporatta t at a tna ting dui caflod and babe on the Sul flay Pi Apni,21)DO,a tarf4 ill 1'Ppiih ippm%aeldtik yiWr the hx dll-I entltPA"Certificate.' T1115 Puoer or AhumAy 13 algl+ad aAd milear W tamimm under and M'autlimlty ar the following rnglatirn adoplod by 1ho Board or Direw:t3tts ai the CDrpWaiiian by Lfnanirnims WYrallon Conmant an t'seoterribor 19 '1992-and said resaltalamn I',es ml slxR been reyokwl,aitieurled or repealed: iiE5OLr1EN$at in gsmitpsp pkvars of arlorne4 pwsuani to certain►esalulions AdapW by the Baird of Direelors of 11;e 1aorpalratlan at 4 n%g tihq dniy called Ond h@W Dn 1AarQA 1$. l tbe.sikgraae;d s%id 400ctors ii nd nfters And the seal al She CDrpgrallor may pe arfiated is lag such powef of etlornoy or any card!imje retol nil thereto by lam rnk,and Ane scam War all earrlay or certlWte bearing sunk loewillu signaSilre.or seal scall W valid and binding upon fire CA"tl0r2t1m In the futere with reslwl to any Lund or un(fWaking to 4hlch 11 i5 a.li dtind. This ftwer ar Aliormy$hall as im and alk authomy Naimnmar sharll to Froinott voliliawt Nokia°'at mioniuhl :Sianaard Tnne where said aitiFuLeV(5l-m-lack 19 iulilorkzed to act). December 31 �u. G2 ... ... .. ... Ili WITNE55 ftf:%Ot,[lie Cvparation has radstd Masan p+rsents to he dwly glghria and IN�PrmraiF a^nl to fke tiorAl Inin arlmad arra jmE led Ines 7th. day of Aiq 4st N- .01. all S1 mora.Caralle�ea.uL {Oe+poralp.Seal[ yy�� �Sf3FEP11�tffIBRNCE OI�MP�NY AT TS`ifr� . KI ,� ...... — By r : Vroa Orsfderlt $ , C 0 d PiiUgM5t. .. W 01 bMDre me omminally Meng Mary A.1k, d .. to me known,whb'lying 6Y"rhe�lly� n, say that gajne red s In �Q � _ a cd ar _ _ 40VW tho above Ips#uffisnt:thatf t 'iak I ''k e�iM ot: pq''brp rat' !' ►o;y r�an _t tel a = sW h otyrp GMra[ ahll tit$+vas t Sbrde f r toirpotldn';and that '(5)he sigVW hl*0 n 'th6nam VCIte or so. CERTIRGATEy y $Tfltt�FGO[ Etfi Sd' SkifftfOfd my 0 �1 Ston e ?i�1�u'/34'004 COUNTY OF FAIRFIELD .. I. -Waroltm. the Assistant Secretary.. . 9 MTN CH INSURANCE C!"WPANY �Califom�rxir�rat�tt��nra�t' ,aal��rtffy. _ ,' � m.;. __ _ l'''�'�i boo _ 11+'I�d�i[ff��tfff _ wttttll �l`'il���i - ��� I ii�i��;�'��i. �. � _-.� ofttlttdi' 1'1dd� r '' were adopted tip the Board of OIr Lai s o'tme Cuparation lay immdtrtmog wrirrim consmrl an April 5.20DU and said re5alr0am have I"plkaoe buen r&Md. Q` to rslake, exal:ul+ 9eW and derrwer for and an hnrwr or the CorporWdan any and am hump. undertakings or ritHi aalirim *1 Sul y bo aura j sollift M.Kell_ Mary A FW6 sural K.KlEAlor Lynn At PAtlill —IRVED, I �q ate is 49%dad to appoint arhPrneur pu ym•ih•IW for tlrpose of making, tNK-fillnk, sttallnq mini dr�IP,rr+! taelds, a jrxlLbbinklg5 or a Will� a� , i',�!',„ � - - -- - iIP i;,^r•" ;;;Ip. _ - — - - .tlt .unda rna — flip aa6anr�w trete a t� _ # k�ftn4` a�r1gq►iIdfut ai the wtlale IhuryrW. _ - — ih WW1itNm WHEflEOF a haw.kVHu1Na sqt dry Redid aitm Al Bled the Wrpdrn[g seal Itns .._6 t . day all,..-..,AXGUST rl li,prpurain 5oai} - 1� �� -h,s Luouir r_"}I 13 w 1n;r r mrnnrr]hdom4i idAhly mvEr.Any rcpwluWwm W.I.A---y ate. 9204 Hwy. 7 N.W. Fort Worth,TX 76131 (817)847-1333 ENO (817)306-8086 Fax CONSTRUCTION & ENVIRONMENTAL _. SERVICES, L.P. February 15,2001 Mike Gange Department of Environmental Management 1000 Throckmorton Fort Worth,Texas 76102 RE: Additional Remediation—Fort Worth Rifle and Pistol Club Dear Mr. Gange: Eagle Construction and Environmental Services, L.P. is pleased to present our proposal based on our field meeting for the referenced project. Based on the quantities provided, Eagle's amended pricing is as follows: Excavation and stockpiling of remaining contaminated soils (includes relocating stockpiles in Range H and behind Range A) S3.09 per cy in-place Loading for Transportation and Disposal 51.77 per loaded cy Transportation Class It Soil(Westside RDF) $66.30 per load Transportation Class I Soil(Republic CSC Avalon) S243.00 per load Disposal Class 11 $7.33 per cy Disposal Class I $23.66 per cy If you have any questions or require additional assistance, please do not hesitate to call me at (8 17) 847- 13' 47- 1333. Sincerely Peter D.Tilton Project Manager Headquarters La Porte,TX Gonzales,LA No. Little Rock,AR San Antonio,TX P.O.Box 872 1700 North"E" Street P.O.Box 1800 3100 E.Broadway 9747 Cobb Eastland,TX 76448 LaPorte,TX 77571 Gonzales,LA 70707 Little Rock,AR 72114 San Antonio,TX 78217 (254)629-1718 (281)867-9131 (225)677-7877 (501)955-2747 (210)946-2258 (254)629-8625 Fax (281)867-9150 Fax (225)677-5474 Fax (501)955-2160 Fax (210)946-9740 Fax ACORD,M CERTIFICATE OF LIABILITY INSURANCE —7— DATE 04/04/2001 PRODUCER Kinnaird, Rossander&Perry, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 104 N. Lamar HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Eastland TX 76448 INSURERS AFFORDING COVERAGE INSUREDEAGLE CONSTRUCTION AND ENVIRONMENTAL INSURER A: ZURICH AMERICAN INS CO Box 872 INSURER B:NATIONAL UNION FIRE INS CO Eastland TX 76448 INSURER C: STEADFAST INSURANCE CO INSURER D: COMMERCE&INDUSTRY INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR ATE MM O(YY DAT MM! !YY A GENERAL LIABILITY GL09273191-00 02/28/2001 02/28/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S 50,000 CLAIMS MADE a OCCUR MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 X POLICY PRO- JECT A AUTOMOBILE LIABILITY TAP9273192-00 02/28/2001 02/28/2002 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 7 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X MCS-90 PROPERTY DAMAGE $ rl (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY BE8711877 02/28/2001 02/28/2002 EACH OCCURRENCE S 5,000,000 X OCCUR 7 CLAIMS MADE AGGREGATE $ 5,000,000 DEDUCTIBLE S X RETENTION $10,000. $ D WORKERS COMPENSATION AND WC938-60-96 03/12/2001 03/12/2002 X `OCR sTATUS1 I- 9TH EMPLOYERS'LIABILITY +t E.L.EACH ACCIDENT S 1,000,000 E.L.DISEASE-EA EMPLOYE S 1000 000 E.L.DISEASE-POLICY LIMIT S 1,000,000 OTHER C Professional/Pollution PEC 3746034-00 02/28/2001 02/28/2002 1,000,000/2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CITY OF FT WORTH, ITS OFFICERS, AGENTS,EMPLOYEES,REP'S&VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS OPERATIONS& ANDACTIVITIES OF OR ON BEHALF OF THE NAMED INSURED,PERFORMED UNDER CONTRACT WITH THE CITY OF FT WORTH. n p rr � THE NAMED INSURED,PERFORMED UNDER CONTRACT WITH THE CITY OF FT WORTH. J��OCBG�d U�� Uno CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIE BE BC IR EXPI TION 0 CITY OF FT WORTH DATE THEREOF,THE ISSUING INSURER WILL END MAIL EN DEPART OF ENVIRONMENTAL MGE AD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 908 MONROE ST 7TH FLOOR IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. L FT WORTH TX 76 102 AUTHORIZED REPRESENTATIVE ACORD 25S(7197) ©ACORD CORPORATION 1988 City of Fort Worth, Texas 4neavor And C:Ouneil consolunication, DATE REFERENCE NUMBER LOG NAME PAGE 7/24/01 **C-18678 52EAGLE 2 of 2 SUBJECT CONTRACT AWARD TO EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. FOR REMOVAL OF LEAD CONTAMINATED SOIL AT 1950 SILVER CREEK ROAD, FORT WORTH, TEXAS FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Environmental Management Project Fund. LW:n FRINA Palo ,v0 4 Submitted for City Manager's FUND F ACCOUNT I CENTER AMOUNT CITY SECRETARY Office by: (to) 2)R101 539120 052200115000 $108,150.00 APPROVED Libby Watson 6183 182)R101 472103 052200115000 $108,150.00 CITY COUNCIL Originating Department Head: JUL 24 2001 Hugo Malanga 7801 (from) /f 3)R101 539120 052200115000 $108,150.00 �lq�,� {��, J Additional Information Contact: 1)R103 538070 0521100 $108,150.00 CitySecreta:yof the City of Fort Worth,Texas Hugo Malanga 7801 Adopted Ordinance; No./4--k9 City of Fort Worth, Texas "floor AndC ouncil communication DATE REFERENCE NUMBERLOG NAME PAGE 7/24/01 **C-18678 52EAGLE 1 of 2 SUBJECT CONTRACT AWARD TO EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. FOR REMOVAL OF LEAD CONTAMINATED SOIL AT 1950 SILVER CREEK ROAD, FORT WORTH, TEXAS RECOMMENDATION: It is recommended that the City Council: 1. Approve the transfer of $108,150 ($103,000 plus a five percent contingency of $5,150) from undesignated funds in the Environmental Management Operating Fund to the Fort Worth Rifle and Pistol Club Cleanup Project within the Environmental Management Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund by $108,150; and 3. Authorize the City Manager to enter into a contract with Eagle Construction and Environmental Services, Inc. (Eagle) for the removal of lead contaminated soil at 1950 Silver Creek Road (formerly the Fort Worth Rifle and Pistol Club property). This contract is not to exceed $103,000. DISCUSSION: On February 25, 1999, the Fort Worth Rifle and Pistol Club's lease on property located at 1950 Silver Creek Road ended and the property reverted back to the City. On January 26, 1999 (M&C C-17232), in anticipation of this occurrence, the City entered into the Texas Natural Resource Conservation Commission's (TNRCC) Voluntary Cleanup Program (VCP). This contract, which provides for the furnishing of all labor, materials, and equipment necessary to remove lead contaminated soil on the property should be the final piece work under the program. This Contract is a continuance of work to gain regulatory closure for the site under the VCP. Based on confirmation, sample results from the first phase of work, additional removal of lead-contaminated soil, is required by the TNRCC. Due to the environmental, health, and safety issues associated with the project and in an effort to maintain consistency for the project, Eagle was asked to submit a proposal. Eagle's pricing is in-line with the prior work for which they were low-bidder and the Department of Environmental Management feels is commensurate for this type of work. The goal of the project is to clean the property to background concentrations of lead. By pursuing this goal, the City's future development and use of the property is unrestricted by environmental considerations. Eagle Construction and Environmental Services, Inc. is in compliance with the City's M/WBE Ordinance by committing to 15% M/WBE participation. The City's goal on this project is 15%.