HomeMy WebLinkAboutContract 54273 CSCO No. 54273
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT, DENTON, §
PARKER AND WISE §
CONTRACT FOR EMERGENCY RESPONSE SERVICES
FOR
ENVIRONMENTAL HAZARDS
This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule
municipality located within Tarrant, Denton, Parker and Wise Counties, Texas, ("City")
acting through its duly authorized Assistant City Manager, Valerie Washington and The
Cleaning Guys, LLC. Aka Cleaning Guys Environmental ("Contractor'), acting through
Erick McCallum, its duly authorized Chief Executive Officer.
In consideration of the mutual promises and benefits of this Contract, the City and the
Contractor agree as follows:
ARTICLE 1.
DEFINITIONS
In this contract, the following words and phrases shall be defined as follows;
Contract Documents means this contract, the Contractor's response to Request For
Proposal No. ENV 20-01: ERS, all attachments and task orders.
Hazardous materials means those materials defined as hazardous by the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801 et seq.
Hazardous substance means any substance designated pursuant to 33 U.S.C. § 1321
(b)(21)(A); any element, compound, mixture, solution, or substance designated
pursuant to 42 U.S.C. § 6921, the Solid Waste Disposal Act (but not including any
waste the regulation of which under the Solid Waste Disposal Act has been suspended
by Act of Congress; any toxic pollutant listed under 33 U.S.C. § 1317(a); any hazardous
air pollutant listed under 42 U.S.C. § 7412, the Clean Air Act; and any imminently
hazardous chemical substance or mixture with respect to which the Administrator has
taken action pursuant to 15 U.S.C. § 2606. The term does not include petroleum,
including crude oil substance under any of the above references, and the term does not
include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for
fuel (or mixtures of natural gas and such synthetic gas).
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CITY SECRETARY
FT.WORTH, TX
Hazardous Waste means any solid waste identified or listed as a hazardous waste by
the administrator of the United States Environmental Protection Agency pursuant to the
federal Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, 42 U.S.C. §§6901 et seq., as amended.
Notice to Proceed means oral notice by an authorized representative of the TPW
Environmental Services Division that directs the Contractor to complete a task order.
Oil means any kind of oil in any form, including, but not limited to, petroleum, fuel oil,
crude oil, or any fraction thereof which is liquid at standard conditions of temperature
and pressure, sludge, oil refuse, and oil mixed with waste.
Order of Cessation means notice, either oral or written, from the City's Representative
to immediately halt further work under this Contract.
Pollutant means dredged spoil; solid waste; incinerator residue; filter backwash; sewage
(including sewage from boats); garbage; sewage sludge; munitions; medical wastes;
chemical wastes; biological materials; toxic materials; radioactive materials; heat,
wrecked or discarded equipment; rock; sand; cellar dirt; industrial, municipal,
recreational, agricultural and other waste; and certain characteristics of wastewater
(e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Respond within One Hour means that within one hour after notification and
authorization for action by City, Contractor shall be at the work site with sufficient
personnel, materials, and equipment necessary to effectuate an adequate response.
The adequacy of the response shall be determined in the sole reasonable judgment of
the City.
Responsible Party means the owner or operator of a vehicle, pipeline, or facility from
which there has been a release or a threatened release of toxic or hazardous
substances, materials, or wastes; oil or petroleum substance; pollutants; or
contaminants.
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.
SCOPE OF CONTRACTOR'S SERVICES
Contractor hereby agrees to perform as an independent contractor the services set forth
in the Scope of Work attached hereto as Attachment "A".
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ARTICLE 3.
COMPENSATION
Section 1.
Fee Schedule.
City and Contractor agree to the unit prices, 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".
The not to exceed amount of this Contract shall be eighty-five thousand dollars
($85,000.00). The City shall not be responsible for any of Contractor fees, costs, or
other remuneration in excess of this amount unless the City has signed and issued a
formal duly authorized amendment or modification.
Section 2.
Invoice and Payment.
The Contractor shall provide 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.
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ARTICLE 4.
TERM
This term of this Contract shall be for a period of twelve (12) months beginning from the
date of complete execution of this Contract and may be extended by written mutual
agreement of both parties for up to four (4) additional twelve month periods. All terms
and conditions of the Contract shall remain the same unless otherwise agreed to by
amendment to this Contract.
ARTICLE 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.
ARTICLE 6.
INDEMNIFICATION
Section 1.
Definitions.
In this Article, the following words and phrases shall be defined as follows:
Environmental Damages shall mean damages which are incurred as a result of
negligence, an intentional tort, failure to meet the standard of care exercised by
companies providing similar services in the state of Texas, or a violation of
environmental requirements pertaining to work performed under this contract by the
Contractor and/or Subcontractors, and including without limitation:
a. Damages (both direct and indirect damages including consequential and
punitive damages) for personal injury and death, or injury or impairment to
property or natural resources; and
b. Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and other reasonable costs required by any federal, state or local
governmental agency or otherwise expended to investigate and remedy the
environmental damages including any consultant's and attorney's fees, costs
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and expenses incurred in enforcing this contract or collecting any sums due
hereunder.
Environmental requirements shall mean all applicable to the work performed under this
agreement (or which may become applicable during the term of this agreement)
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 environment and the
health and safety of employees or the public.
Section 2.
General Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS,
RELEASE, REIMBURSE, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND
EMPLOYEES AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS,
PREEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS
FEES AND COSTS OF INVESTIGATION AND LITIGATION ARISING OUT OF OR
RESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR, ITS AGENTS,
EMPLOYEES, SUBCONTRACTORS, VENDORS, AND SUPPLIERS IN THE
EXECUTION OR PERFORMANCE OF THIS CONTRACT.
Section 3.
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
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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 AND WHICH ARE DIRECTLY RELATED TO
EITHER (i) NEGLIGENCE; (ii) INTENTIONAL OR WILLFUL MISCONDUCT; (iii)
RELATED TO A VIOLATION OF A LAW, REGULATION, OR PERMIT; OR (iv) A
BREACH OF A DUTY OF CARE OR PROFESSIONAL STANDARD.
Section 4.
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.
The obligations of the Contractor under this Article shall survive the expiration or
termination of this Contract and the discharge of all other obligations owed by the
parties to each other hereunder.
ARTICLE 7.
INSURANCE
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.
A. Insurance coverage and limits:
1. Commercial General Liability Insurance
$1,000,000 each occurrence; $2,000,000 aggregate
2. Professional Liability Insurance
Not Applicable for this Project
3. Automobile Liability Insurance
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Coverage on vehicles involved in the work performed under this contract:
$1,000,000 per accident on a combined single limit basis or:
$500,000 bodily injury each person; $1,000,000 bodily injury each accident; and
$250,000 property damage
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
$100,000 disease -each employee
5. Environmental Impairment Liability (EIL) and/or Pollution Liability
$4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in
subsections 1 and 2 above; or, such insurance shall be provided under separate
policy(s). Liability for damage occurring while loading, unloading and transporting
materials collected under the contract shall be included under the Automobile
Liability insurance or other policy(s).
B. Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with the
Contract.
1. Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The-term City shall include its employees,
officers, officials, agents, and volunteers as respects the Contracted services.
2. Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
4. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice shall be acceptable
in the event of non-payment of premium. Such terms shall be endorsed onto
Contractor's insurance policies. Notice shall be sent to the City's Risk Manager,
City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102.
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6. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
7. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
8. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Contract.
9. 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.
10. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
11. 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.
12. All insurance required above shall be written on an occurrence basis in order to
be approved by the City.
13. 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.
14. Where stated above, naming as additional insured and waivers of subrogation
shall only apply to the extent of the indemnity agreements herein.
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ARTICLE 8.
WARRANTY
Contractor warrants that it understands the actual and potential hazards which are
presented to persons, property and the environment by the type of work to be
performed under this contract.
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 9.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of any failure to perform
in a timely manner under this Contract, if the failure arises from acts of God, acts
of the public enemy, fires, epidemics, quarantine restrictions, labor strikes, freight
embargoes, and unusually severe weather, except however that Contractor shall
take all reasonable measures to mitigate any delays and costs. The City in all
circumstances reserves the right to obtain performance of the services
anticipated by this Contract from another Contractor at its sole discretion for any
reason and such an act will not be deemed to be a breach by the City.
B. 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.
C. Alternatively, if at any time during the term of this Contract the work of Contractor
fails to meet the specifications of the Contract documents, City shall 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 (10) 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 written notice to
Contractor, provided that such termination shall be without prejudice to any other
remedy the City may have. In the event of termination, any work in progress will
continue to completion unless specified otherwise in the notice of termination.
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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.
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.
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 12.
MODIFICATION
No amendment or modification of this Contract shall be binding on the Contractor or the
City unless set out in writing and signed by both parties.
ARTICLE 13.
RIGHT TO AUDIT
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
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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.
ARTICLE 14.
NON-DISCRIMINATION
During the term of this Contract, 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.
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.
ARTICLE 16.
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.
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ARTICLE 17.
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.
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 Contract, 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. Contractor affirms that it is subject to the jurisdiction of
said Courts.
ARTICLE 19.
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: Brandon Bennett, Director
Code Compliance Department - Environmental
200 Texas Street
Fort Worth, TX 76102
If to the Contractor: Erick McCallum, Chief Executive Officer
The Cleaning Guys, LLC, aka Cleaning Guys Environmental
5255 Teague Road
Fort Worth, Texas 76104-8119
Phone: 972-358-1940
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ARTICLE 20.
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.
If Contractor desires to subcontract any service(s) to be performed under this contract,
Contractor agrees to obtain the City's written acceptance of such subcontractor(s)
before allowing any subcontractor(s) to perform designated service or services. Failure
of the Contractor to obtain the City's written acceptance of any and all of the
Contractor's subcontractors used in the performance of this agreement shall be grounds
for automatic termination. In addition, Contractor acknowledges that City may, at City's
own discretion, perform on-site audits of all proposed subcontractors' facilities in order
to determine acceptability of the Subcontractor(s).
ARTICLE 21.
NO THIRD-PARTY BENEFICIARIES
This Contract 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 Contract. Each party hereto shall be solely responsible for the fulfillment of its own
contracts or commitments.
ARTICLE 22.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Contract 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 Contract or any amendments or exhibits hereto. The
paragraph headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Contract.
ARTICLE 23.
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
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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 24.
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.
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.
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IN WITNESS THEREOF, the parties have executed this Contract on
August 12 2020.
CITY OF FORT WORTH CONTRACTOR
The Cleaning Guys, LLC, aka Cleaning
Guys Environmental
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Valerie Washington(Aug 12,202015:38 CDT) 4 k McCa Ilu m(Aug 12,202012:15 MDT)
Valerie Washington Erick McCallum
Assistant City Manager Chief Executive Officer
Erick.mccallum@cleaningguys.com
RECOMMENDED: WITNESS:
Cody Wh enburg(AN 12,202014:39CDT)
Cody M. Whittenburg Laura McCallum
Environmental Manager- Code Contract Administrator
Laura.mccallum@cleaningguys.com
4.d440�n��
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APPROVED AS TO FORM ATTEST:
AND LEGALITY: °�'-+°d
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Christnol�U�,2D� A7CDT)�
Christa R. Lopez-Reynolds Mary J. Kayser
Senior Assistant City Attorney City Secretary
Dated: Aug 12,2020
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Ni,YaGis Xe&r U
Nixa[is Benitez(Aug 12.202013:37 CDT)
Nixa Benitez, Environmental Supervisor
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CITY SECRETARY
FT.WORTH, TX
ATTACHMENT A
SCOPE OF WORK
SCOPE OF CONTRACTOR'S SERVICES
Contractor shall furnish all labor, materials, and equipment necessary for and have the
responsibility to:
• Respond WITHIN ONE HOUR of being notified by the City to a release or threatened
release of toxic or hazardous substances, materials, or wastes; oil or petroleum
substance; pollutants; or contaminants. WITHIN ONE AND HALF-HOURS of initial
notification provide the necessary personnel, materials, and equipment for an
adequate response. Notification may be made by the City as a phone call or other
reasonable means. The adequacy of the response shall be determined by the City in
its sole reasonable judgment.
• If requested by the City, collect samples and have analytical testing performed to
assist in the characterization and profiling of waste for disposal. All analytical testing
shall be performed at a Laboratory designated by the City.
• Negotiate approval with the City for profiled waste and make arrangements for
disposal if the waste is Class II Non-Hazardous Waste.
• If the waste is either Hazardous or Class I Non-Hazardous Waste, the Provider shall
contact the City to make arrangements for disposal through the hazardous waste
disposal company under separate contract with the City.
•Assist the Fort Worth Fire Department, under Fire Department command direction, in
confined space entry or reactive chemical ordinance until command is passed from
Fire Department to other City staff control.
• Provide on-site remediation of wastes as requested (such as bio-remediation).
• Have the capability to provide transportation of hazardous and non-hazardous solid
and liquid wastes.
• Provide sorbent products to the City on an as-needed basis.
Response Action Report
Following an Order of Cessation or completion of response action, Contractor shall
provide a comprehensive report of the actions taken on behalf of the City of Fort Worth
within five (5) days. The written report shall include a summary of all actions including
final cleanup and the name of the City employee who initially contacted the Contractor
for response. This report shall accompany the invoice submitted for the work.
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Waste Disposal Documentation
Contractor shall further provide City with fully executed copies of Waste Manifests
within 30 calendar days of waste shipments. No payment shall become due and
payable until all pertinent Waste Manifests have been delivered to the City. Contractor
shall provide all paperwork and documentation needed to complete waste shipments.
Contractor certifies that it has and will maintain during the term of this Contract, current
and appropriate federal, state, and local licenses and permits to perform the work
described in the Contract Documents. In addition, Contractor agrees to require any of
its subcontractors used to perform this Contract to have and maintain current and
appropriate federal, state and local licenses and permits to perform this contract; and
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
• Designate a City representative to provide timely direction to the Contractor, render
City decisions and to accompany Contractor to the work site.
• Provide written confirmation of mobilization on the next business day following the
notification. This confirmation will include the Fire Department's incident number for
tracking purposes.
• Coordinate with City facilities, City departments, and any tenants.
•Arrange, coordinate, and take any and all actions reasonably necessary to obtain
and secure ingress and egress to emergency response sites. Contractor herein
agrees that it will attempt entrance to an emergency response site only upon
authorization by the City.
ORDER OF CESSATION
City may issue an Order of Cessation under the following circumstances:
1. Contractor has entered into an agreement with the Responsible Party for
remediation services at the work site. In such event, City shall have no
further responsibility to the Contractor after the agreement with the
Responsible Party has been executed and the City has been provided a copy
of such agreement;
2. The Responsible Party has entered into an agreement with another contractor
to perform remediation services at the work site, and that contractor has
arrived on scene. In such event, Contractor shall cancel its response if in
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route or take all appropriate steps to turn control of the remediation over to
the Responsible Party's contractor.
3. At any time City determines that the work is being carried out in a hazardous
or unlawful manner. In such event, Contract shall immediately turn control of
in-use containment or sorbent products to the City, and perform appropriate
demobilization activities.
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ATTACHMENT B
COMPENSATION
Compensation shall be in accordance with the compensation schedule below. The
labor prices therein are per hour are for services provided between the hours of 7:00
AM and 5:00 PM Central Standard Time (or Central Daylight Time, as applicable) and
shall be considered the base compensation rate. Services provided between 5:00 PM
and 7:00 AM shall be considered after-hours and will be compensated at 1.5 times the
base compensation rate.
LABOR TYPE PRICE/HOUR
Principal Project Accountant $35.00
Manager Project $65.00
Supervisor Senior $77.00
Supervisor Response Foreman $60.00
Supervisor Assistant Superintendent $20.00
Site Safety Officer N/A $65.00
Certified Industrial Hygienist(CIH) N/A $50.00
Scientist Chemist $50.00
Scientist Geologist $45.00
Scientist Hydrologist $45.00
Scientist Biologist $50.00
Engineer N/A $50.00
Technician Hazmat and Confined Space $53.00
Trained
Technician Recovery Truck Operator $60.00
Technician CDL Driver $30.00
Technician Senior $55.00
Specialist Consultant $105.00
Specialist N/A N/A
Clerical Administration $30.00
Other Disposal or Logistics $25.00
Coordinator
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Monday-Friday between 5:00
pm through 8:00 AM,
Overtime(indicate days and hours Saturday and Sunday,
overtime will be charged) Holidays(New Year's Day,
Memorial Day, July 4th, Labor
Day,Thanksgiving Day and
Christmas
Markup 31d Party Services 1.5 Time Normal Rate
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PPE Type Price/Unit
Booties Pair $2.00/Each
Boots Acid Resistant $10.00/Each
Boots N/A N/A
Overshoes Rubber $4.00/Each
Gloves Nitrile-Pair $2.50/Each
Gloves Leather—Pair $8.00/Each
Gloves Chemical Resistant $35.00/Each
Gloves N/A N/A
Gloves N/A N/A
Gloves N/A N/A
Gloves N/A N/A
Glove Liners Vinyl $1.00/Each
Level"A"Suit Kappler Responder $800.00/Each
Level"A"Suit N/A N/A
Level"A"Suit N/A N/A
Level"A"Suit N/A N/A
Level"B"Suit Kappler CPF IV $198.00/ Each
Level"B"Suit N/A N/A
Level"B"Suit N/A N/A
Level"C"Suit Saranex or equivalent $35.00/Each
Level"C"Suit N/A N/A
Splash Suit Poly $15.00/Each
Saranex Suit N/A N/A
Tyvek Suit Kappler or equivalent $20.00/Each
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Materials Type Price/Unit
Absorbent Clay $10.00/Each
Absorbent Oil Boom $105.00/Each
Absorbent Oil Pad—Per Bale $45.00 Each
Absorbent Vermiculite $15.00/Each
Absorbent Bed Pillow $14.00/Each
Absorbent Universal Boom $88.00/Bale
Absorbent Universal Pad $44.95/Bale
Wipes N/A N/A
Lime 50 lb. Bag $10.00/Each
Sodium Hypochlorite Gallon $2.36/ Each
Spill Control/Bio Remediation
Gallon—Micro-Blaze $52.00/Each
Products
AFFF Drum N/A
AFFF 5 gallon pail $73.00/Each
Decon Supplies Brush $20.00/Each
Decon Supplies Pails N/A
Decon Supplies Pools—Disposable $25.00/Each
Decon Supplies N/A N/A
Plastic Sheeting Poly Roll $130.00/Each
Pump Fuel Transfer Pump
$200.00/Daily
Pump 1"Gas or Air Pump $100.00/Daily
Pump Sump $50.00/Daily
Plastic Sheeting N/A N/A
Plastic Sheeting N/A N/A
Samplers Coliwasa $17.00/Each
Samplers Drum Sampling Kit $48.00/Each
Samplers Soil Sampling Kit $34.00/Each
Other Confined Space Entry Kit $150.00/Daily
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Containers Type Price/Unit
Bucket DOT/plastic 5 gallon $17.00 Each
Bucket DOT/Metal 5 gallon $25.00/Each
Bucket N/A N/A
Drum 1A1 CH Steel 55 gallon $55.00/Each
Drum 1 H1 Poly 55 Gallon $80.00/Each
Drum Poly salvage 55 gallon $55.00/Each
Drum Steel salvage 55 gallon $35.00
Drum Poly Overpack 95 gallon $212.50/Each
Drum Poly Overpack 110 gallon $340.00/Each
Drum 85 Gallon Steel $90.00/Each
Drum 85 Gallon Poly Drum $100.00/Each
Boxes Frack Tank $38.25/Daily
Boxes Vacuum Box $73.00/Daily
Roll off 10 Yd3 $15.00/Daily
Roll off 20 Yd3 $18.00/Daily
Roll off 30 Yd3 $22.00/Daily
Monitor Equipment Type Price/Unit
PID Mini Rae $75.00/Daily
PID N/A N/A
Oxygen Meter 02/LEL/Toxic Meter $50.00—Daily
OVA Oxygen Vapor Analyzer $80.00/Daily
OVA N/A N/A
Explosimeter N/A N/A
Tritector N/A N/A
Multiple Gas Detector 4-gas $50.00/Daily
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Detector Tubes Sensodyne $6.90/Each
pH Meter FUR $20.00/Daily
pH paper N/A $3.00/Each
HazCat Ana Isis N/A $78.00/Daily
DO Meter N/A N/A
Sub-surface Soil Sampler N/A N/A
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Mobile Equipment Type Price/Unit
Emergency Response Vehicle **Proprietary HazMatRecovery** $175.00/Hourly
Mileage N/A $0.55/Per Mile
Crew Truck 1 —Ton Dually $125.00/Daily
Mileage N/A $0.55/Per Mile
Utility Vehicle %Ton $175.00/Daily
Mileage N/A $0.55/Per Mile
Trailer 23'-30- Response Trailer $225.00/Daily
Trailer Hazmat Response Trailer $325.00/Daily
Vacuum Truck 130 bbl $125.00/Hour
Bobcat Skid Steer $359.00/Daily
Backhoe/Loader JCB $75.00/Hourly
Excavator Mini-Ex $405.00/Daily
Rubber Tire Loader John Deer $115.00/Hourly
Tractor Vactron $60.00/Hourly
Tractor 24-40 HP $380.00/Daily
Tiller N/A $15.00/daily
Motorized Street Sweeper Commercial Road Sweeper $60.00/Daily
Roll-Off Truck N/A $85.00/Hourly
Vacuum Truck 100 bbl $95.00/Hourly
**Patented Annihilator Recovery
Emergency Response Vehicle Truck**clean an area measuring $250.00/Hourly
8 feet by 50 feet in 30 seconds
Washout N/A $250.00/Each
Super Sucker N/A $275.00/Hourly
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Material Type Price/Unit
Compressor 10 cfm Air $110.00/Dail
Compressor 185 cfm Air $150.00/Dail
Pump Fuel Transfer $200.00/Dail
Pump Sum $50.00/Dail
Pump 1"Gas or Air $100.00/Dail
N/A N/A
Pump
Pump N/A N/A
Pump N/A N/A
Pump N/A N/A
N/A N/A
Pump
$250.00/Daily
Boat Argo
16'with Single Engine $75.00/Daily
Boat
Boat 13'-16'With No Engine $70.00/Daily
Boat N/A N/A
Broom Motorized $50.00/Daily
Broom Contractors Broom $5.00/Daily
5"Oil Absorbent $105.00/Bale
Boom
Boom 3"Oil Absorbent $82.00/Bale
Boom N/A N/A
Gas Powered $154.50/Daily
Skimmer
Oil Skimmer with Power Pack $300.00/Daily
Skimmer
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Material Type Price/Unit
Blower Leaf $5.00/Daily
Blower N/A N/A
Auger Hand $12.00/Daily
Auger N/A N/A
Generator 5.1 IW to 8kW $125.00/Daily
Drum de-header N/A N/A
Lights N/A N/A
Light plant Wheel Mounted $20.00/Daily
Post hole digger N/A N/A
Pressure washer 1500 psi $70.00/Daily
Reactive chemical carrier N/A N/A
Pneumatic Toll Kit, Saw, Drill,
Remote drilling apparatus Wrench $30.00/Daily
Fire suit N/A N/A
Non-sparking tool kit Brass $50.00/Daily
Vacuum HEPA $45.00/Daily
Vacuum Mercury $45.00/Daily
Vacuum Drum $80.00/Daily
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Other Equipment or Supplies Type Price/Unit
Equipment not Listed that may be N/A Cost+ 15%
rented or subcontracted
Analytical N/A Cost+ 15%
Disposal N/A Cost+ 15%
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