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HomeMy WebLinkAboutContract 45396 (2)CITY SECRETARY � CtNTRACTNO. L'hy3 IA'_ Fill Material Importation Agreement This Agreement ("Agreement") is entered into effective as of February 2 3 , 2014 by and between City of Fort Worth ("CUSTOMER") and The Lane Construction Corporation ("CONTRACTOR") for the following purpose and consideration. Recitals A. CONTRACTOR is currently engaged in projects relating to Importing Fill Material (the "Project"). B. CUSTOMER owns multiple pieces of property generally located in the NE quadrant of US 287 & East Bonds Ranch Road and more particularly described in Exhibit A attached hereto (the "Site"). C. CONTRACTOR desires to import approximately 60,000 cubic yards of material to the Site. CUSTOMER has agreed to allow the importation of such material subject to the conditions set forth in this Agreement. Now, therefore in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CUSTOMER and CONTRACTOR agree as follows: Article 1 — Exhibits 1.1 The Exhibit attached to and referred to in this Agreement is hereby incorporated by reference as though set forth in full where referred to herein. The Exhibit to this Agreement is as follows: Exhibit -A: Site Plan / Description 1.2 CUSTOMER will be responsible for preparing the storm water pollution prevention plan ("SWP3") required for the CUSTOMER'S site under this Agreement, and submitting the Notice of Intent ("NOI") and Notice of Termination ("NOT") and other documentation required by the Texas Commission on Environmental Quality ("TCEQ") for the Project (as defined below). CUSTOMER agrees to execute the NOI and NOT, in form acceptable to CUSTOMER, as owner. CONTRACTOR shall be likewise be responsible for SWP3 permitting and compliance on its site, and on any other areas which it disturbs, but which is not CFW property. 1.4 The work that CONTRACTOR is permitted or required to do pursuant to this Agreement is collectively referred to in this Agreement as the "Project". Article 2 —CONTRACTOR'S Responsibilities 2.1 CUSTOMER agrees to provide CONTRACTOR the right to import approximately 60,000 cubic yards of material from IH-35W Tarrant County TXDOT Project 0014-16-255 to the Site (but only to the extent that the Site can accommodate the actual quantity of material imported by CONTRACTOR to the Site, which shall be determined by CUSTOMER in its sole OFFkUWL 1lLan(D eqTY SECRETARY RECEIVEO MAH 032014 discretion), provided that such material satisfies the requirements of the Specifications of this Agreement. CONTRACTOR shall furnish a copy of the Soils Investigation Report and associated Boring Logs if requested that depict the soils hauled to the Site from the location specified in Article 2.1. 2.2 CONTRACTOR will perform all the following work as noted on Exhibit "A": (a) Construct a temporary 30' wide haul road comprised of rock material topped with clay material as needed, location to be determined by CUSTOMER, for CONTRACTOR's access to designated import area of Site; (b) Construct all ditch crossings as needed in the haul road from on -site pipe material sources; (c) Perform minimal tree removal under direction and approval of CUSTOMER for the haul road construction only, with all trees removed to remain on Site (d) Leave haul road in place for future use by CUSTOMER upon completion of import fill activities. 2.3 CONTRACTOR will promptly correct all defective work at its sole expense. If CONTRACTOR fails to correct defective work or fails to carry out the work in accordance with this Agreement in addition to its other rights and remedies, CUSTOMER may (but will not be required to) order CONTRACTOR to stop work on the Project and CONTRACTOR s rights under this Agreement shall be suspended until the cause for such failure has been eliminated, to CUSTOMER's satisfaction. 2.4 (a) CONTRACTOR shall import material to CUSTOMER's directed location in back-to-back truckloads as imported. (b) To the extent of the actual quantity of material imported by CONTRACTOR to the Site, CONTRACTOR shall make best effort to import quantity of material desired by Customer, however, does not guarantee quantities or time frame for this Project. 2.5 (a) All material imported by CONTRACTOR onto the Site shall be clean and free of any debris, trash, frozen materials, vegetation or Hazardous Materials or Substances of any kind. For purposes of this Agreement, the term "Hazardous Materials or Substances" includes but is not limited to those elements or compounds: i) which are contained on any list of pollutants or hazardous substances, contaminants, wastes, or materials, as defined or promulgated by any federal or state governmental authority including the United States Environmental Protection Agency and the Texas Commission on Environmental Quality or ii) which have the characteristics of ignitibility, corrosivity, reactivity, or toxicity as defined in 40 CFR Part 261 Subpart C, or iii) which exceed allowable concentrations or thresholds established under any federal, state, or local Environmental Laws. In addition, Contractor shall not violate any Environmental Laws in performance of this contract "Environmental Laws" shall include but not be limited to the Federal Comprehensive Environmental Response, Compensation And Liability Act, the Federal Solid Waste Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Federal Water Pollution Control Act, the Federal Clean Water Act, the Federal Clean Air Act, any similar state laws and counterparts including but not limited to the Texas Solid Fill Material Importation Agreement — CFW and Lane Page 2 of 9 Waste Act, the Texas Risk Reduction Program (TRRP), any federal, state or local "superfund" or "superlien" statutes, or any other applicable federal, state, or local law, iule, or regulation, common law or strict liability provision and any judicial or administrative interpretations thereof, including any judicial or administrative orders or judgments, relating to the environment, pollution, health, public or worker safety, industrial hygiene, or related matters EXCEPTING IMPORTED MATERIAL THAT HAS BEEN INSPECTED AND ACCEPTED BY CUSTOMER IN ACCORDANCE WITH SECTION 2.6, CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY CLAIMS OR DAMAGES RELATED TO HAZARDOUS MATERIALS OR SUBSTANCES CONTAINED IN OR DISCOVERED TO HAVE ORIGINATED FROM ANY SUBSTANCE, MATERIAL, OR PRODUCT BROUGHT ON SITE INCLUDING BUT NOT LIMITED TO FILL MATERIAL, AND FOR THE VIOLATION OF ANY ENVIRONMENTAL LAWS. THIS INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT. (b) NOTWITHSTANDING THE PROVISIONS OF 2.5(a), CUSTOMER ACKNOWLEDGES AND AGREES THAT THE MATERIAL IMPORTED BY CONTRACTOR TO THE SITE AND ACCEPTED BY CUSTOMER BASED ON PASSING CUSTOMER'S INSPECTION AS CONSISTENT WITH SECTION 2.6 SHALL BE DEEMED TO BE ACCEPTED IN AN "AS IS", "WHERE IS", and `WITH ALL FAULTS" CONDITION WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE. 2.6 Both CUSTOMER and CONTRACTOR shall mutually approve in writing the procedures for inspecting materials brought onto the site (Exhibit B) and such writing is incorporated into this agreement as if fully set forth herein. CUSTOMER will retain an independent testing laboratory (`ITL ') to perform material testing in connection with the Project. CUSTOMER may retain an Engineer at CUSTOMER's sole expense to monitor the Project on CUSTOMER's behalf. CONTRACTOR shall coordinate with Engineer and ITL to permit such monitoring and testing, including without limitation testing of all material imported onto the Site. Customer or Engineer shall have the right to reject any unacceptable material provided, however that CUSTOMER shall not unreasonably reject material if it is clean and free of any debris, trash, frozen materials vegetation or Hazardous Materials or Substances and otherwise adequate to satisfy the compaction, density, material size and other requirements set forth in the Grading Plan and this Agreement. 2.7 Contractor shall allow access to Contractor's site to allow for in -situ soil sampling by Customer. Article 3 —CUSTOMER'S Responsibilities 3.1 CUSTOMER will be responsible for obtaining all necessary permits including but not limited to those required for urban forestry/tree preservation and removal, erosion and sediment necessary to import fill material to the Site, except for permits related solely to the Contractor or Contractor's site. 3.2 CUSTOMER shall be responsible for any tree mitigation required for the City's site. Fill Material Importation Agreement — CFW and Lane Page 3 of 9 3.3 CUSTOMER shall be responsible for all existing utilities and locates in work areas on the City's site to be encountered by CONTRACTOR. 3.4 CUSTOMER shall be responsible for manipulation and compaction of imported material after CONTRACTOR has dumped material in designated area. Article 4 — Fee 4.1 CONTRACTOR shall pay to CUSTOMER a fee of $0.00 per non -compacted cubic yard actually imported to the Site. Any work -in -kind to be perfouned by CONTRACTOR shall be mutually determined by CONTRACTOR and CUSTOMER at any time during the term of this Agreement. Article 5 — Insurance and Indemnity 5.1 Prior to conducting any activities on the Site, CONTRACTOR, at CONTRACTOR's sole cost and expense, shall acquire, and thereafter maintain throughout the term of this Agreement, the following insurance coverage: (a) Worker's Compensation insurance to statutory limits and employer's liability insurance with limits of $2,000,000 each accident for bodily injury by accident and $2,000,000 each employee for bodily injury by disease. (b) Liability insurance on a standard ISO Commercial General Liability Policy form (or equivalent), naming CUSTOMER and CUSTOMER's officers, directors, shareholders, employees and agents (the "Related Parties") as additional insured per endorsements reasonably acceptable to CUSTOMER without regard to the fault or negligence, if any of either CUSTOMER or CONTRACTOR, covering all claims which may arise out of or result from CONTRACTOR's operations under this Agreement, whether such operations are by CONTRACTOR or by any subcontractor or by anyone directly or indirectly employed by CONTRACTOR or any subcontractor, or by anyone for whose acts any of them may be liable. The commercial general liability insurance policy shall include coverage for liability arising from product/completed operations, premises contractual liability for the indemnity and defense obligations provided in Section 5.5 of this Agreement, liability from claims for bodily injury, sickness or disease, or death, of any person, including personal injury, and claims for damages because of injury to or destruction of tangible property with not less than $2,000,000 each occurrence and shall include a cross liability and severability of interests clause Coverage shall be continued for at least one year after completion of the Project. Maintenance of insurance coverage for contractual liability respecting the indemnity set forth in Section 5.5 of this Agreement does not limit CONTRACTOR's liability hereunder. Fill Material Importation Agreement — CFW and Lane Page 4 of 9 (c) Commercial Auto liability insurance with a combined single limit of not less than $2,000,000 for bodily injury and property damage liability. Such coverage shall be provided for all owned, leased, non -owned and hired vehicles. (d) Property insurance on all tools, equipment, and other personal property of CONTRACTOR and its employees, agents and subcontractors on the Site at any time during this Agreement. (e) All risks builder's risk insurance for the Project, including but not limited to insurance against fire, lightning, wind damage, hail, explosion, damage caused by automobiles and other vehicles, and collapse Such insurance will cover the interest of CUSTOMER in the activities by CONTRACTOR in the Site pursuant to this Agreement and will name CUSTOMER as the loss payee. (I) Environmental Impairment Liability (EIL) &/or Pollution Liability $1,000,000 per occurrence and aggregate. 5.2 All insurance required to be maintained under this Agreement shall be maintained with issuers of recognized responsibility that are licensed and admitted to doing business in the State of Texas and that have an AM Best `General Policyholder Rating" of at least A- and a financial size category of at least "Class XII' as set forth in the most current issue of "Best Insurance Guide' , and may be maintained under a blanket policy or policies covering other premises or property in addition to the premises or property required to be insured hereunder. All insurance policies required under this Agreement shall be primary (and insurance policies maintained by CUSTOMER shall be in each case excess and noncontributory to policies maintained by CONTRACTOR), shall be on an "occurrence" basis (as opposed to a `claims made" basis), shall provide for cross-hability coverage as would be achieved under the standard ISO separation of insured clause and shall contain an agreement on the part of the insurers for the benefit of CUSTOMER that such insurance shall not be canceled, have its terms changed, be assigned to another party, have any of its coverage limits reduced, or have any of its deductibles increased, except upon not less than 30 days advance written notice to CUSTOMER by registered or certified mail. If umbrella or excess liability policies are obtained in order to comply with the limit requirements set forth herein with respect to any type of insurance coverage, such umbrella or excess liability policies shall comply with all other requirements set forth herein. If the policy covers multiple locations and contains a general aggregate limit, it shall be endorsed to apply separately to this location so as to provide the minimum required coverage in full to this location. CONTRACTOR shall be responsible to ensure that all of its contractors and subcontractors are in compliance with the insurance requirements under this Agreement. 5.3 Upon execution of this Agreement, and upon written request from CUSTOMER from time to time during the term of this Agreement, CONTRACTOR shall furnish CUSTOMER with certificates showing that all insurance required hereunder is being maintained as required herein. Upon renewal of all such insurance policies that expire before the expiration of the term of this Agreement, CONTRACTOR shall provide CUSTOMER with renewal certificates not less than 15 days prior to expiration of the corresponding policy. The failure of CONTRACTOR to provide one or more of the insurance certificates required of CONTRACTOR hereunder the Fill Material Importation Agreement — CFW and Lane Page 5 of 9 failure of CUSTOMER to identify any deficiencies in the required insurance coverage or terms of insurance despite evidence of such deficiencies in the insurance certificates, and the absence of any objection by CUSTOMER to CONTRACTOR's failure to provide one or more of the insurance certificates or to an assignment of an insurance policy CUSTOMER acquires in compliance with the insurance requirements of this Agreement, shall not in any case constitute a waiver or release on the part of CUSTOMER of CONTRACTOR's obligation to obtain and maintain the insurance coverage and comply with the terms of insurance required pursuant to this Agreement. In addition, damages available to CUSTOMER from an insured party shall not be limited by the amount or scope of the corresponding insurance coverage, nor be reduced or waived by any limit on the availability of insurance. 5.4 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and, if requested by CUSTOMER, defend CUSTOMER and each of the Related Parties from and against all liability, loss, claims, demands and suits arising out of bodily injury to, or sickness or death of, any person, or property damage or destruction (including loss of use), or personal injury, which may be imposed upon, incurred by or asserted against CUSTOMER or any other person, allegedly or actually arising out of or resulting from the activities of CONTRACTOR or its officers, directors, shareholders, employees subcontractors suppliers and agents (the "CONTRACTOR Parties") pursuant to this Agreement, or from any breach of contract misrepresentation, or any negligent act or omission, on the part of CONTRACTOR or of any of the CONTRACTOR Parties. This obligation to indemnify shall include reasonable attorney's fees, investigation costs expert witness fees, and all other reasonable costs, expenses and liabilities related to the foregoing and incurred by CUSTOMER following the first notice to CUSTOMER that any claim or demand is to be made or may be made CONTRACTOR hereby waives any immunity and/or damage limitation provisions otherwise available to CONTRACTOR under any workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 6 — Additional Terms and Conditions 6.1 CONTRACTOR will perform its obligations under this Agreement in exchange for CONTRACTOR's rights under Section 2.1 above and at no other cost to CUSTOMER. 6.2 CONTRACTOR will keep all portions of the Site on which CONTRACTOR performs work or otherwise uses pursuant to this Agreement in a reasonably safe and sightly condition and use reasonable efforts to remove unnecessary materials generated by the CONTRACTOR as the work on the Project progresses. At the time CONTRACTOR vacates the Site it will leave the Site in a clean condition with all stored and CONTRACTOR -generated construction materials and debris removed, to CUSTOMER's satisfaction. 6.3 If either party breaches any provision of this Agreement, then the other party may institute legal action against the defaulting party for specific performance, injunction declaratory relief, damages, or any other remedy provided by law. All remedies herein or at law shall be cumulative and not inclusive. As used herein any reference to rights or remedies "at law" or "under applicable law' shall also include any rights or remedies "in equity". In the event of any violation or threatened violation by either party of any of the terms herein contained, in addition Fill Material Importation Agreement — CFW and L9ne Page 6 of 9 to any other remedies provided for in this Agreement, the non defaulting party shall have the right to enjoin such violation or threatened violation and to bring an action for declaratory relief in a court of competent jurisdiction. 6.4 In the event CUSTOMER and CONTRACTOR are unable, after a good faith effort, to agree on any matter requiring mutual agreement pursuant to this Agreement, either party may terminate this Agreement on ten (10) days written notice to the other party. CONTRACTOR shall pay all outstanding obligations owed under this Agreement and shall remove all equipment and debris from the Site within ten (10) days after termination of the Agreement. CONTRACTOR's payment obligations and its obligations under Sections 2.5, 2.7 and 6.6 shall survive termination 6.5 During the term of this Agreement, CUSTOMER hereby grants to CONTRACTOR a right of access across the Site as reasonably necessary to perform CONTRACTOR s obligations under this Agreement. Article 7 - Miscellaneous 7.1 This is the final and complete agreement between the parties, and can be amended only in writing and signed by both parties This Agreement does not create any rights to third parties. THIS AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENT OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES AND NEITHER PARTY IS RELYING UPON ANY REPRESENTATIONS OR STATEMENTS MADE BY THE OTHER PARTY OR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT OR REPRESENTATIVE OF THE OTHER PARTY 7.2 CONTRACTOR will not transfer, assign or otherwise convey its interest in this Agreement without the prior written consent of CUSTOMER, which consent may be withheld in CUSTOMER's sole discretion. CUSTOMER shall have the right to assign its interest in this Agreement to any subsequent owner of the Site. This Agreement shall (subject to the foregoing limitations) inure to the benefit of and be binding upon the parties and their respective heirs, personal representatives, successors and assigns. 7.3 This Agreement shall be interpreted, construed and governed by the laws of the State of Texas excluding any choice of law rules which may direct the application of the laws of any other jurisdiction. This Agreement is made in and performable in Tairant County, Texas, and any action arising out of this Agreement or the parties' rights and duties hereunder shall be brought only in a federal or state court sitting in Tarrant County, Texas and each party submits itself to the jurisdiction of that court. 7.4 Any party who is the prevailing party in any legal proceeding against any other party brought under or in connection with this Agreement or the subject matter hereof, is additionally entitled to recover reasonable attorney's fees, expert fees and all other litigation expenses Fill Material Importation Agreement — CFW and Lane Page 7 of 9 7 5 No waiver of any default by a party hereunder shall be implied from any omission by the other party to take any action in respect of such default if such default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more written waivers of any default in the performance of any term, provision or covenant contained in this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Agreement. 7.6 The provisions of this Agreement shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. 7.7 All notices, demands, requests and other communications required or permitted under this Agreement shall be in writing, and shall be either personally delivered or sent via telecopier, or by Federal Express or other regularly scheduled overnight courier or by United States mail, registered or certified, postage fully prepaid, addressed to the addressee at its address set forth below or at such other address as such party may have specified theretofore by notice delivered in accordance with this Section. CONTRACTOR: Jason P. McLear The Lane Construction Corporation 3001 Meacham Blvd, Suite 215 Fort Worth TX 76137 CUSTOMER: Mark Rauscher City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 Any such notices, demands, requests and other communications shall be deemed to be delivered and effective on the earlier of the date actually received (or delivery refused) if a business day and, if not the next business day (which in the case of telecopy notices shall be the date of receipt by the sender of electronic confirmation of the transmission thereof if such confirmation if received prior to 5 p.m. C.S.T. on a business day and if received on a day other than a business day or after 5 p.m. C.S.T. on a business day, on the next business day). 7.9 The captions in this Agreement are for convenience only, are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms of this Agreement. 7.10 The parties understand, agree and acknowledge that (i) this Agreement has been freely negotiated by both parties; and (ii) in any controversy, dispute or contest over the meaning, Fill Material Importation Agreement — CFW and Lane Page 8 of 9 interpretation, validity, or enforceability of this Agreement or any of its terms or conditions, there shall be not inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. 7.11 Each party represents and warrants that it has the authority to enter into this Agreement and that the person(s) executing this Agreement on its behalf is (are) duly authorized to do so. 7.12 This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CONTRACTOR: The ',lane onstruction Corporation Jaudn P. McLear District Manager CUSTOMER: City of Fort Worth 4,44-1.4.044 Fernando Costa Assistant City Manager Date: 4/4�i/I4t RECOMMENDED: ,lam ark Rauscher Sr. Capital Projects Officer •) APPROVED AS TO FORM AND LEGALITY: tt Arthur N. Bashor Assistant City Attorney Fill Material Importation Agreement — CFW and Lane u *t&000Cr 4#7 M �� N. ,- 1.: %;,j r� 1y C�J z 1 I1 i 11$ I1 ■o) OFFICIAL RECORD r1/43giro1fvSECNETARY FT. WORTH, TX r i III •1 —- I,,,4CF it JI — dr _ i �I ';1 l _1!r , 1', 1 e u • L I 1' \ N I\I \' N '` \\ \ • -.,.. \ . }:c\ :\\\`y :;;II.Sr‘;11‘;‘‘:1:::•,:::‘, Nk •• ‘;, \\ he IPIAPE FlLL FROM INORNV 10 SOUM, PLC GIRT (. LOC-.00N 116 \ \ r L'' "_` �. /__ ✓,.,. _ ' ,1. 9.., ., 19 s i a j AIM • e• INSTALL TWIN SC GYP FOR CREEK CROSSING (ID BE REMOVED POST COMSIRLCOON) i; Vit ;"it YEi • ;.,1 t II .I...L.:.-// 1 • • Quorum D sign. Sp cos. People. Intl [MM. tomm. 101D4 IAIIS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION OR BIDDING PURPOSES. AMES DEOTTE ENGINEERING. INC REGISTRATION 0017 DM James E. Deane Rea No: 55040 Dort 2-23-2014 ri ow NO, DESCRIPTION PROJECT NO.1 FILE: DATE: DRAWN BY: SCALE: SHEET TITLE: CIVIL- FILL DATE 0012043 FEBRUARY OM AS NOTED OPERATIONS EXHIBIT A SITE PLAN ▪ SHEET OF NERCON t=xc:ellence—[very project. Every day February 11, 2014 CFW-D14-HO10 Mr. Clarence W. Reed Environmental Program Manager City of Fort Worth T/PW - Environmental Management Division 1000 Throckmorton St. Fort Worth, TX 76102-6311 RE: Proposal for Soil Sampling TxDOT Project Various Areas Along IH-3 5 W Fort Worth, Tarrant County, Texas ENERCON Project No. FWTHFS092 Dear Mr. Grantham: ENERCON Services, Inc. (ENERCON) is pleased to present the following proposal for the performance of a subsurface investigation at the above referenced site. BACKGROUND Based on a request from T/PW — Environmental Management Division, ENERCON proposes to evaluate approximately 60,000 cubic yards of soil planned for excavation from various areas along IH-35W for import to the City of Fort Worth's North Side Service Center property for use as fill material. It is ENERCON's understanding that the soil to be borrowed will come from roadway cuts near North Tarrant Parkway and IH-35W; Big Fossil Creek and IH-35W; Western Center Boulevard and IH-35W; Basswood Boulevard and IH-35W; and from ditch/embankment cuts at U.S. 287 and IH-35W and Basswood Boulevard and IH-35W. Excavations in these areas will be approximately 10 feet below ground surface (bgs). Based on the above information, ENERCON proposes to provide the following: SCOPE OF SERVICES 1. ENERCON will subcontract and provide oversight of Sigma Environmental Solutions to install up to eighteen (18) soil borings at the referenced locations. One (1) soil boring will be installed approximately every 500 linear feet at the roadway cut locations (13 borings) and a total of five (5) soil borings will be installed from the ditch/embankment locations. See the attachment figure for approximate soil boring locations. Proprietary -Confidential Commercial Information 15770 North Dallas Parkway Suite 400 Dallas, TX 75248 phoncl 972. 484.3854 fax 972.484.8835 ener•con.corn a. Prior to the beginning of any drilling activities, ENERCON will contact Dig -Tess and place a line -locate request at least 48-hours before planned drilling activities are performed. b. The borings will be installed with a GeoProbe direct push boring machine able to continuously drive isolation casing to minimize cross contamination of soil layers while collecting as near a continuous soil core as possible. c. The soil borings will be installed at locations as described above and depicted on the attached figure. 2. The borings will be advanced to a maximum depth of 10 feet bgs, or until sample tool refusal, whichever is encountered first. 3. Soil samples will be obtained continuously and field screened for volatile organic vapors with a photo -ionization detector ("PID"). 4. Soil samples will be logged and described according to the Unified Soil Classification System so that observations concerning soil types, lithologic changes, and the environmental condition of the encountered soils can be noted. 5. Three (3) soil samples will be obtained from each boring for laboratory analysis. One sample will be collected from the 0 to 2' bgs interval, one sample will be collected from the 2 to 5 interval, and one sample will be collected from the 5 to 10' interval. Soil samples within each interval will be composited into individual samples and placed into 4-oz. sterile laboratory provided glass sample jars, sealed with teflon-lined lids and placed on ice for transportation to the analytical laboratory. a. All soil samples will be submitted to Accutest Laboratories in Houston, Texas for analysis of volatile organic compounds (VOCs) by EPA Method 8260B, Total Metals (RCRA 8) by EPA Method 6010B/7471A, and total petroleum hydrocarbons (TPH) by TX Method 1005. b. If TPH concentrations are detected, the sample from each of the separate areas with the highest TPH detection will also be analyzed for poly -nuclear aromatic hydrocarbon concentrations (PAH) by EPA Method 8270C. 6. All sample equipment will be decontaminated between samples using an Alconox/tap water solution, followed by a tap water rinse. 7. All drill cuttings will be placed into DOT -approved 55-gallon drums and stored on site for later disposal. Estimated costs for disposal of cuttings are not included in this proposal. 8. Following receipt of laboratory analytical results, ENERCON will prepare a report for the City of Fort Worth which will describe the results of the investigation and present site maps, boring logs, photographs of operations, analytical results, and ENERCON's conclusions and recommendations. Proprietary -Confidential Commercial Information 2 CF W-D 14-H010 SAFETY A comprehensive Safety, Health, and Emergency Response Plan (SHERP) is maintained on file in each ENERCON office for providing overall guidance to ENERCON employees for establishing the safety criteria for employment on pioject sites. A site -specific health and safety plan is developed for each project site and will be reviewed and signed daily prior to commencing project activities. A site -specific health and safety plan (SSP) will be prepared upon award of the project. ENERCON will ensure that the work is conducted in a manner that is protective of the environment; safety and health of ENERCON employees and subcontractors; and in compliance with all applicable U.S. EPA OSHA and State health and safety statutes and regulations. For the purposes of this proposal, ENERCON assumes that this pioject can be conducted in OSHA Level ` D ' protective clothing. Should site conditions warrant upgrading to a higher protective level authorization will be obtained from the client prior to the resumption of field activities. SCHEDULE ENERCON anticipates mobilizing to the site within 3-days of notification subject to driller availability ENERCON anticipates delivery of the investigation report within two weeks of receipt of laboratory results. ESTIMATED COST ENERCON proposes to provide these services on a time -and -materials basis for an estimated total cost of $11 520.40. A detailed cost estimate is presented below: Consulting Services Project Management, Site Visits, Report Review Pioject Manager— 15 hours @ $100/ hr. $1,500.00 QA/QC — Program Director — 2 hours @ $110/hr $220.00 Clerical I — 2 hour @ $45/hr $90.00 Drilling Oversight/Travel Time/HASP/Develop/Sample — Scientist II — 24 hours @ $75/hr. $1,800.00 Report Preparation — Scientist I - 18 hours @ $80/hr. $1,440.00 Total Estimated Consulting Cost $5,050.00 Proprietary -Confidential Commercial Information 3 CF W-D 14-H010 Subcontracted Services Drilling: Install eighteen (18) soil borings to 10 feet bgs $5,564.00 Markup @ 10% $556.40 Total Estimated Subcontract Services Cost $6,120.40 Other Direct Costs Expenses (PPE, ice, PID, mileage, etc.) $350.00 Total Estimated Expenses $ 350.00 TOTAL ESTIMATED PROJECT COST $ 11,520.40 Basic Assumptions • Approximately 2 days will be required to complete the assessment activities. • All assessment activities will be performed on the actual areas to be excavated. • Actual areas of excavation will be clearly marked by others for the purpose of utility clearance and soil sampling. • Subsurface utilities can be sufficiently located • No delays or allowances for contractor or weather problems. • Site access to the investigation areas will be granted. • Investigation areas are accessible by truck mounted DPT drill rig • 0% RUSH (two week lab analysis) turn -around -time for all sample analysis. • All work can be performed in OSHA Level D. • No Quality Assurance / Quality Control (QA/QC) or verification samples will be collected for analysis. NOTE: Costs for these materials/services will be based upon ENERCON — City of Fort Worth contract rate charges. In each instance, ENERCON will employ the most cost-effective methods that can be determined for the particular requirement. If the price and terms of this project are acceptable to you and you wish to authorize ENERCON to perform these services, please so indicate by forwarding to ENERCON a Task Order authorizing these services. LIMITATIONS This proposal has been prepared for the City of Fort Worth. The report prepared as part of the services herein shall be for the exclusive use and reliance of the City of Fort Woith and shall not be conveyed to thud parties without prior written authorization from the City of Fort Worth and ENERCON In that case, ENERCON will issue a letter of understanding to the third party so that a copy of the report can be issued to that third party for a processing fee. Notwithstanding Proprietary -Confidential Commercial Information 4 CF W-D 14-H010 anything to the contrary any third party reliance is limited to the agreed upon scope of work by and between ENERCON and the City of Fort Worth This document has been prepared in response to a request from the City of Fort Worth foi the sole purpose of demonstrating the capability of Enercon Services, Inc (ENERCON) and costs to perform the proposed scope of services. ENERCON considers the data and information contained herein proprietary and confidential and strictly prohibits its use for any other purpose or in connection with any service other than the specific subject of this document. Furthermore, ENERCON specifically restricts the circulation of this document to persons, entities, or agencies other than those employees of the City of Fort Worth responsible for all contacts between the City of Fort Worth and ENERCON. At no time should this proprietary document be considered authentication of any service other than the specific services identified in this document itself. This is further to advise that all procedures, methodology, reports and their format are the property of ENERCON and can be used and applied only by ENERCON or those authorized in writing by ENERCON Any use of the information contained in this document beyond that as itemized herein is a violation of the property rights of ENERCON foi which ENERCON will seek remedy under all applicable state and federal laws Liability from incidental and consequential damages resulting from the unauthorized use of the data contained herein is expressly excluded, and ENERCON disclaims any expressed warranty whatsoever and any implied warranty for such use of this document. ENERCON appreciates this opportunity to provide this proposal for out professional environmental consulting services. If you have any questions or comments, please do not hesitate to call us at (972) 484-3854. Sincerely yours, ENERCON Services, Inc. Darren D. Lovvorn, P.G. Robert J. Sch. - • ewe, CPG, REP Project Manager Attachment: Project Layout — Boring Locations Figure Senior Project Manager Proprietary -Confidential Commercial Information 5 CF W-D 14-H010 • Jr. • • li •• 1 l i - I Existing Roadway Cuts .•••.. • 1... r ,0•1• _ •;f••• • S="N.. • . • ••'I. • • 0 0 r DRAR1N3 OATEt 7/30/2012 SHEET 1 OF 10 LH3SW Proposed Soil Boring Location w`I a. •r. O..• .. SHEET 2 OF 10 Roadway Cuts I SHEET i • • 7 0 Roadway Cuts I —i Ditch Cuts _•••••••• SHEET 3 OF 10 : .1► a • 5, S1tbEi 8 S.. CREEK BLVD H 0 • SHEET 4 OF 10 •t _..,11-1 3Sw-. ;. SHEET 9 a 10 �••'? 0 cn N m Roadway, Ditch, and Embankment Cuts •' I\.• •r � why\ . , .• i .• '.::. y; • .• . : ; 1. ... •!..9,� �t� ,.. __sue.::.•-_• -- _ .%, • •.': .. •::' •�..... .,,.• •.�I • • •• '••i Ni ..'L•• m• :r •• •;• : • �..♦ •• • ••• •t HORZ 0' ?SO' Soo' 1000' SCALE TN FEET F-:*SE OF Tf.t1►1%1 .• * .t. i KURT W. AUNOST i j 90040 tZO 1 ct i�. 11411/3. 1.5 KENNEDY JIM CONSULTING TWO Ri0•fTRATtON NO. I•lPi4 r4''Texas Department of Transportation C 2012 IN 35W FROM NORTH TARRANT PKW'f TO IH 820 PROJECT LAYOUT KEY MAP SCALED 1• • 1000' KCI SHCCT 1 OF 1 FCM *L AtII MAGI 26. .14JA. 44:: . (SEE TITLE SHEET) IH 3SN MIMIC, I mom FTW 1 TARRANT loh ue Jae 16 riss. ETC.