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HomeMy WebLinkAboutContract 44067Between CITY OF FORT WORTH and USA ENVIRONMENT, L.P. by USA ENVIRONMENT GP Inc. For IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL 3101 HARDY STREET M. Roddy Survey AA 370 Shoe &Leather Company's Addition Block 6: Lots 9 TAD # : 02751089 FORT WORTH, TEXAS Project No. ENV- 12-14: TPW-SOIL Transportation &Public Works Department Environmental Management Division NOVEMBER 2012 DEC 15 2012 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL 3101 HARDY STREET M. Roddy Survey A-1370 Shoe & Leather Company's Addition Block 6: Lots 9 TAD # : 02751089 FORT WORTH, TEXAS Project No. ENV- 12-14: TPW-SOIL This Contract is entered into by and between the City of Fort Worth, Texas, ahome-rule municipality located within Tarrant County Texas, ("City") acting through Fernando Costa, its duly authorized Assistant City Manager, and USA Environment, L.P.("Contractor"), by USA Environment, GP, Inc., its General Partner acting through Russell Herrscher, duly authorized Vice -President of USA Environment, GP, Inc. 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 Assistant Director of Transportation and Public Works, Environmental Management Division, or his designee. Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include, but are not limited to this contract all bid documents, the Request for Proposals, Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), change orders, any contract amendments and the payment, performance and maintenance bonds, or other such similar documents. The CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 1 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. 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. 2. SCOPE OF CONTRACTOR'S SERVICES A. The scope of work shall include the furnishing of all labor, materials and equipment necessary to complete the work specified in Attachment A. B. Contractor shall perform, in a good and professional manner, the services contained in this Contract and in accordance with all applicable federal, state, and local laws, directives, and guidelines. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. City shall coordinate with facilities, City departments, and any tenants for access to the site. City shall give timely direction to the Contractor. City shall issue. render decisions regarding modifications to the Contract and any other CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 2 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 4. TIME TO COMPLETE THE PROJECT Contractor will be responsible for coordinating with the Department of Transportation and Public Works - Environmental Management Division, immediately after receipt of notice to proceed, the start date of soil remediation activities. Contractor shall begin substantial soil remediation activities on a specific date as specified in the notice to proceed. Contractor shall complete work specified under this contract within ten (10) working days from the beginning of substantial soil remediation activities or the beginning date as shall be otherwise specified in the Notice to Proceed unless an extension of time is granted (in writing) due to inclement weather, any such determination being made in the sole judgment and discretion of the City of Fort Worth. A working day shall be defined as each and every day beginning on the start date for drainage installation activities until the work is completed and accepted by the City. If a stop work order is issued by the City, the number of working days shall be tolled until the day a new Notice to Proceed is issued. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of the plans, specifications and other Contract Documents, then the Owner shall have the right to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to Owner shall exceed the contract price or prices set forth in the Contract Documents, the Contractor and/or its surety shall pay Owner upon its demand in a writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servantI 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. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 3 of 23 USA ENVIRONMENT, L.P. n 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 6. COMPENSATION Section 1. Fee Schedule. City agrees to pay Contractor for its services according to the schedule in Attachment 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 written, duly authorized amendment or modification to the Agreement. City shall not pay for any work performed by Contractor or its subcontractors, and/or suppliers that has not been specifically ordered by the City in writing by Task Order or Work Assignment pursuant to the terms of this contract or duly authorized modification. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. Section 2. Release Upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Section 3. Invoice and Payment. 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 %J 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 remainder of this page is left blank intentionally. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 4 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 92 TAD # : 02751089 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 $1,000.00 (one thousand dollars) per day for each day after the date the project was to be completed, until the project is 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. INDEMNIFICATION A. Definitions. In this paragraph, the following words and phrases shall be defined as follows: 1. 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 work, or due to negligence or an intentional tort by the Contractor, a Subcontractor, or a vendor 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, contractorsI experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 5 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M, RODDY SURVEY, A-1370, SHOE & LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 expenses incurred in enforcing sums due hereunder; and this contract or collecting any 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. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT, WHETHER SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE INTENTIONAL TORT OR THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 6 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY, D. The obligations of the Contractor under this paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by 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. E. 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. F. All Contractors under this contract agree that they assume joint anal several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. G. The obligations of the Contractor under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. The remainder of this page is left blank intentionally. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 7 of 23 USA ENVIRONMENT, L.P. --,r 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 9. 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. 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury 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 coverages) 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. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 8 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 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 Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102, 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. 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. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 9 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE & LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 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. 10. BONDING A. Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth a payment bond if the contract is in excess of $25,000 and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Contract, and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19A of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 10 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 11. WARRANTY Contractor warrants that it understands the currently known hazards and the suspected hazards which are presented to persons, property and the environment by the work specified in 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. 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 solely from: acts of God, acts of the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and extreme meteorological events. Contractor affirms a duty to mitigate any delays or damages arising from such causes. B. If Contractor fails to begin work herein provided for within the time specified herein, or to complete such work within the time specified herein, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City's total costs exceeds the costs as agreed in the contract documents, the 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. 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 at the discretion of the City. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. D. City may terminate this Contract at its sole discretion and without cause upon thirty (30) days prior written notice to Contractor, and 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 that is completed by Contractor and accepted by the City. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 11 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 13. 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. 14. MODIFICATION No modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written, formal, authorized modification of this contract that is in accordance with all applicable state and city laws, regulations, and ordinances. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a material term of this contract from the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract from the City, its employees, or agents. 15. 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. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 12 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 16. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with the City's Business Diversity Enterprise (BIDE) Ordinance No. 20020-12-2011, the City has established goals for the participation of BDEs in City contracts. Unless a waiver of DBE goals has been authorized by the City, Contractor hereby acknowledges the BDE goals established in the Contract Documents for this project and affirms its contractually enforceable agreement to achieve those goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 17. PREVIALING WAGE RATES Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts and Contractor shall comply with the Davis — Bacon Act for building and construction trades, and shall comply with the prevailing wage requirements as specified in the ITB for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. 18. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 13 of 23 USA ENVIRONMENT, L.P. --- 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 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. 19. 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. 20. 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. 21. 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. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 14 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089. 22. JURISDICTION AND VENUE Jurisdiction and venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas or the federal courts therein. The remainder of this page is left blank intentionally. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 15 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 23. 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: Michael Gange, Assistant Director Department of Transportation and Public Works 1000 Throckmorton St. Fort Worth, TX 76102 If to the Contractor: Russell Herrscher, Vice -President USA Environment, L.P. 18745 Goll Street, Suite 103 San Antonio, TX 78266 24. 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. 25. NO THIRD -PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form Or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 16 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 27. ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. 28. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. 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. The remainder of this page is left blank intentionally. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 17 of 23 USA ENVIRONMENT, L.P. .... 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 ATTACHMENT A SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary to PK; 1111 the removal, transportation, disposal, and backfiilling of approximately 183 cubic yards of soil (volume as measured ex -situ), located on the parcels located at the following address in or near Fort Worth, Texas: 3101 HARDY STREET M. RODDY SURVEY A-1370 Shoe & Leather Company's Addition Block 6: Lots 9 TAD # : 02751089 FORT WORTH, TEXAS PROJECT SPECIFICATIONS Contractor will be responsible for contacting applicable utility services in order to decide whether or not main lines or routes effectively traverse the project site. It will be determined with the consultation of City staff the best method to address any utility concerns involving the aforementioned utility service issues. Contractor agrees to excavate, load, transport, and dispose of approximately 183 cubic yards (ex -situ) of impacted soil as Class II Non -Hazardous waste solids. The area to be excavated will be demarcated with surveying markers, stakes, locating marker paint, survey ribbons, and/or Global Positioning System (GPS) coordinates will be utilized to establish the area of excavation which is approximately sixty (60) feet wide by twelve (12) feet long by five (5) feet deep. See ATTACHMENT C; Figure: Former Trailer Doctor, LeBow Channel Improvement Project, 3101 Hardy Street Contractor agrees to import approximately 183 cubic yards of verifiable, clean fill material, place, and compact material within the area of excavation. Contractor agrees to provide waste profiling and manifests naming the City of Fort Worth as the Generator of the Class II Non -Hazardous waste solids. Contractor agrees to provide the City with copies of the weight tickets and transportation logs for both the waste disposal and the clean fill materials. Contractor agrees to provide analytical results to the City, indicating the material utilized for the backfilling of the excavated area is acceptable in regards to TRRP Residential standards. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 18 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 Project Coordination Contractor will be responsible for coordinating with the Department of Transportation and Public Works - Environmental Management Division, immediately after receipt of notice to proceed, the start date of soil removal activities. The remainder of this page is left blank intentionally. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 19 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 ATTACHMENT B COMPENSATION SCHEDULE THIS IS A FIXED -PRICE CONTRACT. QUANTITIES IDENTIFIED IN CONTRACT ARE ESTIMATED BY THE CITY AND/OR THE CITY'S CONSULTANT, AGENT, OR DESIGNEE. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL QUANTITIES. CLAIMS FOR ADDITIONAL COMPENSATION DUE TO VARIATIONS BETWEEN CONDITIONS ACTUALLY ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT DOCUMENTS WILL NOT BE ALLOWED. A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a total price not to exceed twelve -thousand, six - hundred and eighteen dollars and fifty cents ($12,618.00) for the completion of all work specified in this contract. B. The City shall not compensate Contractor in excess of the Not -to -Exceed Amount unless the City has executed a written, authorized, and formal Modification to the Contract signed by the City Manager or an Assistant City Manager of the City of Fort Worth. It is expressly agreed between the parties that there shall be no oral modifications to this contract. C. The parties agree that the soil remediation grand total as specified in the Contractor's bid (and the Not -to -Exceed amount in this contract) of twelve - thousand, six -hundred and eighteen dollars and fifty cents ($12,618.00) shall be the whole of compensation for all of the services specified in this contract. In the event of a discrepancy between any unit price and the contract grand total or not -to -exceed price, the grand total or not -to -exceed price shall prevail. In no event will compensation be greater than the notAo- exceed amount described herein. D. Quantities identified in the Invitation to Bid were estimated quantities only. Prior to submitting a bid, as noted in the Invitation to Bid, the Contractor was responsible for verifying all quantities upon which the Contractor's bid was based. The Contractor was to rely exclusively upon its own estimates, investigation, research, tests, and other data necessary to supply the full and complete information upon which the Contractor's bid was based. It is mutually agreed that submission of a bid is prima -facie evidence that the Contractor has made all of the investigations, examinations, and tests required to make a fully informed offer. E. By executing this contract, the Contractor affirms and agrees that the Contractor has had the opportunity and duty to confirm all quantities prior to CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 20 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 submitting a bid, and Contractor expressly waives any and all right to additional compensation other than the contract grand total as a result of any discrepancy between the quantities encountered and the estimated quantities in the Invitation to Bid and bid documents. F. The parties intend and agree that any change order or modification to this contract will be in the case of only the most extraordinary of circumstances. Any claims for additional compensation based upon variations between conditions actually encountered in this project and conditions as indicated in the Contract Documents will not be allowed. Any claims for additional compensation proposed by Contractor will be examined by the City in consideration of the terms described herein and the Contractors request for additional compensation must clearly show why the variation was not identifiable prior to the Contractor submitting its bid. As used in this contract, "not identifiable" means that the Contractor a) performed all investigation, research, tests, and other data collection necessary to accurately determine quantities, and b) no reasonably possible investigation, research, tests, or other data collection could have identified the variation. The final determination as to additional compensation will be made at the sole judgment and discretion of the City. The remainder of this page is left blank intentionally. CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 21 of 23 USA ENVIRONMENT, L.P. _. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 ATTACHMENT C CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL Page 22 of 23 USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE � LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL 3101 HARDY STREET, FORT WORTH, TEXAS (M. RODDY SURVEY; A-1370, Shoe 8L Leather Company's Addition; Block 6: Lots 9) TAD # : 02751089 Project No. ENV- 12-14: TPW-SOIL IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY: Fernando Costa Assistant City Manager Date Signed: 13 Michael Gange Assistant Direc or Transportation ublic Works APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney ATTEST: I l-- Mary J. Kays�r City Secretary'' CONTRACTOR USA Environment, L.P. by its General Partner, USA Environment GP, Inc. Russell Herr�her Vice -President USA Environment, GP Inc. WITNESS: n r oS6 t IV CORPORATE SEAL: 0 �K CONTRACT FOR IMPACTED SOIL REMOVAL, TRANSPORTATION, AND DISPOSAL USA ENVIRONMENT, L.P. 3101 HARDY STREET,M. RODDY SURVEY, A-1370, SHOE &LEATHER COMPANY'S ADDITION BLOCK 6: LOTS 9, TAD # : 02751089 of 23 Page 23 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: October 9, 2012 NAME OF PROJECT: Impacted Soil Removal, Transportation and Disposal at 3051 Hardy Street, 3061 Hardy Street, and 3110 Hardy Street Fort Worth, TX PROJECT NUMBER: ENV 12-14: TPW-SOIL CONTRACTOR: USA Environmental. La Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) � V/GG/GV I G THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IDNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER Bowen, Miclette &Britt Insurance Agency, LLC 1111 North Loop West, #400 Houston TX 77008 INSURED USA Environment, LP P. O. Box 87687 Houston TX 77017 COVERAGES USAENVIRON CERTIFICATE NIIIMRFR• nnon_�-�nnr.- F: cvv L�.v wrvl� Ivvinocrt: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A L POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD MM/DD/YYYY LIMITS A GENERAL LIABILITY PROP14202138 1/3/2012 /3/2013 X EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY DAMA T N PREMISES Ea occurrence $300,000 CLAIMS -MADE � OCCUR X MED EXP (Any one person) $25,000 Contr Pollution X PERSONALBADVINJURY $1,000,000 Prof Claims Made GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: X PRO- PRODUCTS-COMP/OPAGG $2,000,000 POLICY LOC Professional $1,000,000 B AUTOMOBILE LIABILITY CA5844516 1/3/2012 /3/2013 %� Ea accident]_ $1 000 000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OCCUR PROU14202379 1/3/2012 /3/2013 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 O C WORKERS COMPENSATION AND EMPLOYERS' uABILITY CO21417668 (AOS 12/30/2011 2/30/2012 WC STATU- OTH- X , $ Y / N ANY PRDPRIETOR/PARTNER/EXECUTIVE CO21417669 CAS � � 12/30/2011 2/30/2012 OFFICER/MEMBER EXCLUDED? � N / A E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYE $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Named Insured include the following: USA Environment, LP, Total Enviro Solutions, Inc., USA Environment, LLC, USA Environment, LC USA Environment Management, Inc., USA Environment, Inc., Bayou City Waste Systems, LP, BCWS-GP, LLC Bayou City Environmental Services, LP, Bayou City Environmental Management, Inc., Bayou City Waste Systems of Houston, LP, JTB Transport Services, Inc., GC Remediation, Ltd., USA Industrial Services, Hydro-Kleen LLC, USA Pipeline Services dba USA Environment LP See Attached... CFRTIt=ICeTG unI nco _ _ _. _ ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY Bowen, Miclette & Britt POLICY NUMBER CARRIER AGENCY CUSTOMER ID: USAENVIRON LOC #: ADDITIONAL REMARKS SCHEDULE NAMED INSURED USA Environment, LP P. O. Box 87687 Houston TX 77017 NAIC CODE EFFECTIVE DATE: Page 1 Of 1 "--"- "' """""'� UZOUS ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT NO. 31 This endorsement, effective 12;01 AM, January 3, 2012 Forms a part of Policy No: PROP 14202138 Issued to: USA ENVIRONMENT L.P. By: CHARTIS SPECIALTY INSURANCE CQMPPUN Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY Solely as respects COVERAGE A. -BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY, it is hereby agreed that SECTION II. - WHO IS AN INSURE . D is amended to include as an additional insured(s) the person(s) or organization(s) shown in the Schedule below, but only with respect to liability arising out of your work at the location designated and described in the Schedule below - performed for that additional insureds} and included in the products -completed operations hazard. SCHEDULE Name of Additional Insured persons) or Organization(s): BLANKET AS REQUIRED PER WRITTEN CONTRACT OR WRITTEN AGREEMENT Location and Description of Completed Operations: All other terms, conditions and exclusions shall remain the same. AUTHORIZE15 REPRESENTATIVE or countersignature (in states where applicable) 110608 (Q1/12) PAGE 1 OF 1 C15131 ENDORSEMENT NO. 32 This endorsement, effective U01 AM, January 3, 2012 Forms a part of Policy No: PROP 14202138 Issued to: USA ENVIRONMENT L.P. By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAQ IT CAREFULLY, ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON(S) OR ORGANIZATIONS} ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY SCHEDULE Name of Persons} or Organization(s}: BLANKET AS REQUIRED PER WRITTEN CONTRACT OR WRITTEN AGREEMENT It is hereby agreed that: I. Solely as respects COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B. - PERSONAL AND ADVERTISING INJURY LIABILITY, SECTION II. - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising cut of your ongoing operations for that insured. II. Solely .with respect to the insurance afforded to these additional insureds), the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project {other than service, maintenance or repairs} to be performed by or on behalf of the additional insureds} at the location of the covered operations has been completed; or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions and exclusions shall remain the same. 110609 {O1 /1 Z} C15132 AUTHORIZECS REPRESENTATIVE or countersignature (in states where applicable} PAGE 1 OF 1 ENDORSEMENT NO, 1 This en`dorse:meni, effective 12:01 AM, , �Z�IB��I2 Forms Ta.oartof Policy No; PROP 142021,58 Issued to. USA ENVIRONMENT L.P 13y; CI tA1 TIS SPECIALTY INSURANCE COMPANY TCIS ENCtORSENlEI�`I" .CHA111GES'HE PC?LICY. PLEASE READ IT �AREI=E;JLL1', CC)[1lIMC1RT POLICY Gt}►VDCTIL}IVS EC14DC?RSEMEIVT Ail Coverage Parts included ire this Policy ara subject'to the, fglEowing conditions, A. Canceliatian 1: The first Named Insured. °shgwn in the I�ecCaratians may dancel this Policy by mailing ar delivering to us advance written notice of cancellation. 2, We may cancel this Pgiicy 1�y mailing ar delivering to the first Named Insured written :notice of cancellation at least - a, 10 days b�fare the effective date of cancellation if v� canoe! for nonp�ymept of premium; ar 60 30 days before the effective date -of cancellation if we cancel for --:any other reason;: .will mail or deliver our riotiGe. to the first: Named lnsuri?d's last maifing address known to its. �: Notice of cancellation will state the effective date of carice{Iatign. The Policy period w%I! end' tin. thaf date. 5. If this Policy is: cancelled, we will send the first Named Insured any premium refund dus. If vue caricel,.the refund will be pro rata. If the. first Named Insured cancels, the refund may -less than pro rata. The cancel= Iation will be effective even if we have not made or offered a refund. 6; If notice is::mailedproof of rrtailirtg Will be suffraent proof of notice. B, Ch'enges. This Policy contains all ;the sgreeme.nts betv,rreen yaw and us concerning the insurance afiarded. The first. - Na-reed Insured shninm iri the D�claraiiozis is eutharized to make -changes in the. terms -cif this Pnl"rcy with o�rr consent. This Policy's terms can be amended or waived only by endorsement issued by :us and made a part of this Policy: C: Examin a6on Of Your Boaks:And Records We may examine and audit your beaks and records as they .relate: to this Policy at any tir;le during the' Policy pe.riad :and up, to i:hrse years- a.fterwarci. D:.. Inspections: And Surveys 'I`: t/ye have the right to: lL C� 17 11' 98 cl1�s Copyright, fnsuranee Services OfEce, trio:, 1;998 PAGE 1 CSP 2 ElVDO'RSEMENT NO, 1 {Continued} a. Make inspections and .surveys at any timer: b. Gyve you reports on the conditions we find, and c. Recommend changes 2, We are not obligated to make any inspections, surveys, reports ar recommendations and any such actions, we do undertake relate only to insurati`rlityy and, the premiums to be charged, We do not make safetiy inspections. Wb do not undertake to perform the duty of any person or organization to provide far the health or safety 9f workers or the public. And v�e do not warrant that conditions: a. Are sa Ee ar heal[hful; ar b. Comply with laws, regulations, codes or standards.. 3. Paragraphs 1. and 2 of this condition apply net oniy to us, brit a{so t4 any rating, advisory, rate service:or similar organization which makes insurance inspections, surveys, reports or recommendations. 4, Paragraph 2. oP this condition does no.t apply to any inspections, surveys, reports or recommendations vve may make relative, to certification; under state or municipal statutes, ordinances or regulations, .of: boilers, pressure vessels or elevators; ,E.: Premiums The first Named Ins�rred shawrt;in the Declar�tir�.ns: 1, "is responsible for tFie payment of a1i premiums; and 2. Nil be the payee for any return premiums;vve pay, F. Transfer Of You�Rights And (duties Under This Policy Your rights and duties :under this .Policy may no;f be teansferred. without ou.r written consent except in the case of deatJ� of an individual named insured. if you die,, your rights a.nd duties thrill be transferred to your legal cepresentati.ve but -only vlh�ile acting vNthin tfte scope oF;di�ties as your. legal representative. 4Jntil your legal representative is appointed,. anyone having proper temporary:custody of your property vAl have your rights and duties but only with respect to that property. r�,ltather terms, condifiions and exclusions sfiaJl remain the same. iL �0 17 1'1' 9$ PAGE 2 t�F 2 CI143$ Copyright, Insurance Services ptfice, tnc,, 1996 1-••:rww,lwa.ty!+s+i:v�i..................,......•«»wn�'wra,w+--;.�.,.....,.,M.,....,,r•:w.+�:.�..,. ENDORSEMENT FOR Form Apt)raved MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY OMS Nb. roved 0074 UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 issued t.o USA E'N;VI RONMENT, tP of i0234 LUCORE. ST, HOUST N, TX 7.7017 gated at 600 NORTH PEARL, ;STREET, .DAL�.AS � TX, 75201 this 6.TH day of ,JANUARY ., 2010 Amending; policy NoA CA .584 AA#'4 57- j Cj Effective pate 07 /371 Z Name of insurance Company: COMMERCE ANDF i N13USTR.Y INSURANCE COMPANY Telephone:Number 2 j 4-7.5j$-$ 5 Co+int c��gnAd by. _ ". y nutjpra d C0M=y,PtI:0rAFPI. Tfae police to Vdhich this endorsement Lt attachetlprovnides primary or excess insurance, as indicateii by _ . for the timits shown; ;X1 This insurance is primary andthe company, shall not be liable .for amounts in excess of $ 5, 000,000 for each accident. This insurance is excess and' the. company shall not be )iable for amounts rn excess of S for each accident in excess of the underlying limit of $ for each accident, IS 4fiEhenever'required by the Federal Highway Administration IFHV%A) .or the Interstate Commerce Commission ifCC3. the company agrees to furnish the FHVVA or .the ]CC a duplicate of said policy and all .its endorsements. The company also agrees, upon telephone request by an au€horned representa�trive of the FHWA or the ICC, to verify' that. the policy is in force as of a wti urnber to 7� J�� p Cofer date. The telephone n calf is: 21'kE— $-S Cancellation of this, endorsement.. may be effected by the company or the insured by giving (1) thirty-five{3S1 days notice in writing to the other party Its 35` days noY)ce to commence: from the date the notice is mailed, proof of mailing shall be stifficient proof of notice), and ` 4:2! if the 'insured is subject to the IGC's jurisdiction, by providing thirty (30) days notice to the fCC (said •30 days notice to, commence from the date the notice is received by the ICC at its office in Washington, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT ACCIDENT includes cantinuotis or repeated exposure to conditions damage or destruction of natural resources arising out of the which results in bodily injury,. property damage, or environmental. accidental discharge, dispersaf; release or escape into: or upon the damage Miii5h the insured neither expected nor intended, kind, atmosphere, watercourse, or .bode of water;. ,of any MOTOR VEHICLE means a land vehicle, machine, truck, tractor. Commodity transported by a ,motor carrier.. This shall 'include the trailer. or semitrailer propelled .or drawn by mechanical power and cost of removal and the cost of necessary measures ;taken to used on a highway for transporting property, or any combination minimize or mitigate damage to human health, the natural thereof, environment, fish, shellfish, and wildlife. IF BODILY INJURY means injury to the body, sickness; or disease to PROPERTY DAMAGE means damage to or toss of use of tangible F F anypetsoti, including death.resulting from any of these. property.. PUBLIC LIABILITY 'means liability for .bodily injury, property ENVIRONMENTAL RESTORATION means restitution for the loss, damage, and environmental restoration, The insurance policy to Which this endorsement is attached violation thereof, shall relieve: the company from liability or from provides automobile liability insurance and is amended to assure the payment of any final judgrnera., within the limits of liability compliance by the insured, within the limits 'stated herein, as a herein described, irrespective of the financial condition, insolvency motor carrier of property, with Sections 29 and 30 of the Motor or bankruptcy of the insured._ However, all terms,conditions, and Carrier Act of 1980 :and the rules and regulations of the Federal limftations in the policy to which the endorsement is attached shall Highway administration fFHUt!Al. and the fnter5tate Commerce remain in full force ant€ effect' as binding between the insured and Commission fICCI.-. the company. The Insured agrees to reimburse the company for In consideration of the premium stated in the policy to which this any payment made by the company on. account of any accident, endorsement 4is attached, the: insurer Ithe company) agrees to pay, claim, or suit involving a .breach of the terms of the policy, and for Within the limits of liability described, herein; any final judgment. any Payment that: the company woutdnot have been obligated To = recovered against the. insured' for. 'public liability resulting from make under the provisions of the policy except` for the agreement negligence, in the operation, maintenance or use of motor vehicles contained in this endorsement, subject to the financial responsibility', requirements of Sections 29 and 30 of the Motor Carrier .Act of tABP regardless of whether or Ii is further understood and agreed that, upon failure of the not each motor vehicle is specifically described in the policy and company to pay any.final judgment recovered against the insured whether or not such negligence occur on any route ¢r in any as provided herein, the judgment creditor may maintain an action territory authorized to be served by the 'insured or elsewhere. Such in any court of competent jurisdiction against The company to 1.compel such ,payment. insurance as is ' afforded, for public liability; does :not apply to injury to or 'death of the insur.ed's employees while engaged in the The fimits.of the company's liability for the amounts prescribed in course of their employment, or PropertAyll transported by the this endorsement apply ,separately; to each accident, "and any insured, designated as cargo_ .It is understood and agreed that no payment under the policy because of any one accldent shall not condition, provision, stipulation, or limitation contained in the operate to reduce the 1,labIffy of the company for the payment of pol"rcy, this endorsement, or any other endorsement thereon, or final judgmentsresulting from any other accident. The fdlotor Carrier. Act of 1980 requires limits of financial responsibility according to the'type of carriage and commodity transported by the motor carrier. I is the MOTOR CARRIER'S obligation to obtain the required lirriits of.financial responsibility. THE SCHEDULIE OF LIMITS SHOWN OiJ THE REVERSR SIDE DOES NOT PROVIDE COVERAGE, The'lis shown in the schedule are for informati mfton purposes only.. Form MGS-90 10verl WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 12/30/2011 forms a part of Policy No. WC 021-41-7668 Issued to USA ENVIRONMENT, LP By NEW HAMPSH(RE INSURANCE COMPANY Premium INCLUDED We have the right to recover our payments from anyone liable for an ry covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US, THIS ENDORSEMENT DOES NOT APPLY TOP BENEFITS OR DAMAGES PAID OR CLAIMED, 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form is not applicable in California, .Kentucky, New Hampshire, .New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 Countersigned by s`�� (Ed. 04/84j Authorized Representative EAYi3ORSEMEN 1 T#isentlorsement,effective?2:CtEA,IVI.. 01/03/12 forms -apart of po►icy No; .CA 5:84-4 -16 issued to .USA ENVI RDNMENT, LP by. COMMERCE AND INDUSTRY .INSURANCE COMPANY'. THIS ENDORSEMENT: CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. INSURANCE PRIMARYAS TO CERTAIN ADDiT OVAL 4NSUREIDS This endorsement modifies insurance provided under117e fo{,iotwing. BUSINESS AUTO COVERAGE FORM Section IV - Susiness Auto Conditions, S., General Conditions, 5., Other Insurance,, c„ is amended by the addition of the following, sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance far such additional' insured where so required under an agreement, executed prior toL the .date of accicfenL We vdiii not ask any insurer that has issued other nsuranoe to such additional insuredto, contribute to the. settlement of loss arising out of such.accident.. All other terms and conditions remain unchanged,. ?4445 {IQiggj Authorized Representative:or Countersi nature :Cori States Where Applicable ... ..., �.. .... �, y.., ...R.;...ry...„__.�. ,.....,. � . ,.�,�,. ,.�.:,.�.wwm..-. �;� x '. POCr1C�' NUf�78Efi; i;.A 584:��,�-16 GQMN11rf€�tAL AiJT4 Cat 20 �8 �12 95 THi� EIIC)R5E(11lENT C�AiVG�S THE PO�iC�'. Pl�:�AS� READ �T CAR�FU�.LY. This endarserr�.ent rnadifies insufan�e provided rrtitder ti,e #olfowirtg: RIJSGiIESS �1[1i'J CbUERAGE FC1R:IVI ' GAR'�tGE COVERAGE COR1�rl Cv1t3�"�R: CARRIER CaVERAGE FCJ:RM TRl1CtCER$ Gt�VERP'GE 1~GRM UUith respect Co' coverag? provided. icy this &ndorsement, xhe :provisions of the Crsverag,e Farm apply uriless modified: i;y thin. endorsement, ,., This endorsement identifies per.sonis} or argarsizatianfsl who are "insureds" under ,tE�e Wfio [s Art lnsured ProviSiort: of the �over�ge Farrrr, This endorsement dais riet alter overage provided in the Goverage,Form. This endarserrient oharrges the policy effective on the incep#ian date of the policy artless ana'theY date is t'i11�fCc7t8Q` .hBi01N: Endarsement Effecti�re: ��/��/1� bountersigned t3y: i�famed Jnsured'_ 1.sSA t~N1T.RONMEPI`I", s��' (f�uthorized Representaxive; SGHEUiJE.E {If.rso entry appears above, information nequi:rad to complete tars env�rsement Witt be;sYsawn in '[he D.ec3ara- bons as applicable to ttie`endarsein$nt.} Each person oT a,rganizatian shaven in the Schedule is an "insured" #or Liabil'rt-y Coverao.e, bux flniy. to the: _ ex}ertf that person or arganrza#ion qualifies: as ari "insureo`"' Under the Vlha Cs Ariv liisured Prbv;san . cahrainad in- Sectiart l:l of tfie Coverage Form., OA 2b 48 f72 99 Gapyiiglit, inst;rance Services .Office, Inc., .198$ Page 1 of 1' POLICY CA 584-45A 6 CAi'��IEEl�GiAi: Aif'CC} CA 20 89 ,06 04 TINS VVIJ 3RSU ENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, YE AS %o'ndm;AtGES IN I KANSFER OF RIGHTS OF. RECOVERY AGAINST OTHERS To US (WAIVER OF SUBROGATION) This endbrsernerrt rrao.dities. insurance provided under the following: B11Sl,RlESS AL770 COVERAGE F(JftM BUSINESS AUTO -PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM IAOTOf; CARRIER G.CIVERAGE FORM TRUCKERS COVERAGE FORM 1ltlith respect to ;coverage- lrrovidecl by this :endorssmerit, t#3e provisions a# :'the Coverafrm apply unless modified :by the endorsement, ge o This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. FNa..med dorsern:ent Effective: 01/03/12 Countersigned, y: Insured: USA ENVIRONMENT, LP SChIEDR1LE tame Of Person($) Or Organization1s): As REQUIRED 8Y' WRITTEN CONTRACT of ro entry appears above, information reciured to cotnpiete this. endorsement will be slc�wn }n the Decl�- rations as appllc�bie to this endarsementc3 The Transfer O# Flights Of Recovery Against Others T6 Us Cbnditlon doss not apply to the person(s) of organizations} shown in the Schedule. We will retain the addition'ai premium shown; above:; regardless of any early termination of this endorsement or the .poficy, GA'�� 8S.'t�S fF4 O lS0 Properties„ Inc.,. 20g3 Q�ge i of l:w+waysw�rK.Y;•.wwv.w.»w;.«...:.,....,.�.M...,�r......:... ,..,...-:.Nww.wa*,..wuarv�wA�rw.., - . ENDORSEMENT FOR I IfFarm, Approved,. MOTOR CARRIER POLICIES OF INSIJw4CE FOR PUBLIC LIABILITY VNIB No, z f2> CYa.2� ,UNDER SECT16NS 29 AND 30 OF THE MOTOR CARREER ACT OFF issued to USA 'E FtRONMENT LP 3 of 102i+ LUCORE ST,. HOUSTDN, TX 77017 Dato:r at 600 N;QRT}{ 'PEARL STREET* DALLAS, TX, 201 t 75 this 6TH iiayof JAIJAk"Y 2010 Arr.e.hdfng Policy fVo. CA 58�i-4 1 Effective; Date 01/.03/12 Name of insurance Company COMMERCE AND INFOUSTRY INSURANCE COMPANY I IF - IF Telephone Number 214"75$-$555: cuntersignad by. .��t''''i h�rt,.'.+Cemmarty+rt iia Tflr..tinficy to v,'hich thus endiersehSeni Is attached provides primary or 9xdess insurance, 415 indlcatoct by "h,at for th. limits shQ'..rT: ;X This insurance is primary and the company shelf net be f'rable, for amounts in: excess of s 5,000,000 for each accident, IF This rhsur Irene r *rcf_sfz and Chv c+xnwn; shall not be liable: for arnowirs in excess r,E S ( each acti lent ut -- excess of tkte urt ter{yirrg l writ of $ for each accident,, ,Vhen6ver requires! by the..'Federaf Highway Administra ion ?FH%1A* or the interstate Commerce Commission 'iCCi. the cornpart'} agrees to ` furnish the FF•il?VAi ;or if ICC ,a duplicate of said policy and all its endwsarnents. The company' also agrees, upon teleprione request by.an c tt�hsri 2d re reseerVaatFFF tiivet of [he �F:H kA or the iCC. tc verity that the policy is in force as of a particutar date. The telephon1.e number to Cancellation of tills: endorsement may be effected by the company or the insured by giving (11 thirty-five f3gl days notice in writir g to the •= other party ' said 35 days notice to cpmmenae from the date,rlt¢ notice is mailed, :proof of mailing sffatI be sufficient proof of notice!, and {Z7 if the uisured is subject; to zhe !CC's jurisdiction,y, providing thir7y i3u1" days notice to the ICC isaid 3D days notice to commence from the daze the riozfca-.is received by rile ICC az its office in VVasltingtgn,:C7.C„x, DEF1NITfOtdS AS LtSEI7 iril Tli#S ENDORSEMENT stCCIDENT includes continuotas or repeated.exposure to conditions Ilan?age, or destruction of naturst resources arising out of tfae g bodily injury, property darrrage, or environmental ace dehtat discharge, dIspersaI, release or escape into .or upon the d✓hieh results in dame r, which the insured,.neither erpectad nor triter did, land, atmosphff"ere, watercourse, or body, of water, of any i MOTOR VEHICLE 'rneans a land vel iclA, machine truck. tractoF; com1.moditIF y, trai sported by a motor carrier. This shall include the trailer, or semitrailer propelled or dr-ati✓n by mechanical power and cost of, removal and the cast at necessary merslttes taken- tb used on a hi hwa $or tr'ansportin mininiizH pr rnifigate damage to hunrnar, health, the natural g Y 9 property, or any combination environment:. f,'ush, shellfish,, and'wi,Idliie: thereat. SOIDILY INJURY means injury to the body, sickness, or disease to PROPeERTY DAMAGE `ineans damage to Ur loss of trse of tangible any perscnr including death resulting from any of these. p p y' PUBLIC LIABILITY tnearls liability for bodify injury, property EtTVIRONMENTAL. FirSTO32ATt+�N means restitutII fion far the toss; damage, and environmental restoration,. The insurance policy to v'°.hick this entlo'rse recent :is attached violotiori thereof, shall relieve the company from, liability or from provides automobile liability -insurance'' and is amended to assure thF payment of any final judgment, within this limits of liability r ompliance by the. Insured, IF Within the limits, stated herein, as a, herein,described, irrespective of the financial cdnditiorl, Insolvency Motor carrier of prropariy, with Sections 29 and 34 of the Motor or bankruptcy of the �nsureeL However; all terms, condition§, and Carditir Act of 1980 arrd the It and regirlatfons of the Federal limitations in the policy to-whfclt:the artdursemeni Is attached shaff Hifr ghuxay Administration iFHYIfA)'. and the 'fnterstats Commerce remain in full force and effect as binding ba.tween the insured aria t".fSmm]isa#oa fICC},.: - - - .. the company, The Insured agrees to rroirriburse the company for in consideration of the pear tiurlm stated in the }ioficy to which th s any Payment made by the company on :account of any acoiderrt. endorsenieiit is attachetl th'e irnsurer dale company! agrees to pay; clairi , or suit in;volving_.a breaoh of the terms of the potiey, amd for wittlfn'the limits Of liability described hereiln, any final judgment. aril+. payme;rt that tfie company dLvoufd net haVe been obligated to recIF overed sgairtst` the• insured _far riubtic liability resulting from make under th6 provisions of The policy except roc the agreement negfigenee in the operation,: maintenance or use of motor vehfsfes; contained [in endorseriiene. IF I sGbjeat to the financial responsibility requirements of Sections 29' and-3C I I the Moto? Carrier: Act of `I93CY regardless of hedter' or it is further undr•Fstood and agreed: that, upon failure 4f the not each motor vehidye rs specifically described in rile boil y and. coIF mpany'to.Pay any dinar ju arrant raoaxerad against the ;ir` ured sti�hether or not such ne li eiiGe occurIF s an an as provitded he ern, the Jucfnriient creditor may MaIintain an action g y route or in any in any court of rornprttent 4 irisdiction agarnsI the company, tc territory authorized to be served by the insured or elsewhere. Stich IF as is afforded, for uhffc .liability, compel such payment. p does net; apply to injury to or death of the-insurad's em employees while engaged in the Tne limits of the company's liability far the amounts prescribed in coutse of ;tiI I eh;ployment, or property transported by file tilts endorsement apply separately, to each acclderar, and .any insured.. designated -as cargo.. It is under4taod and agreed that np payriienf under the, policy because of any one accident $hall not condition, pIF I rovision, stl elation, or limitatipri contained 'fn the operate to rediice the liab(flty of the oarnpany for the pay' n-ent of poTcy, this endorsemenr,For.any ocher endorsement tbereon, or final judgmeris asufting from, any other accident. i fie Nlatgr Carrier Act of i 980, requires limits of financial respon ibilify according, to the type of carriage and commodity transported by the mot r carriers It is the 1vt I I GA.R3 (ER'S a l{iruaifcn to obtzlimtl7e retruircd firxi7s of fjnanalal resports lsilizy. TI i£ SC'rIEDULE QF.L1tvlfTa SHQ:ANI ON TH, E f�EVERSE S3f]E. i?OES-iVgT PROVIDE L iJEf3R•CaE: The limits shown in the schedule are for information ptr^poses only: f=orna MC5-9n I0vei4 Ei�DRs�IViEriI? RlL7. 77 This.endor errser�t: effective 14C1jI Aiit1, 01/03/I2 Forms a pact of Policy Nor PROP 142021,38 tasued to: USA E'N\ARONMENT L,P SPEGIPII It INSiJFtANCE Ct7Ml?ANY THlS ENt���SEMElVT GHAd4CfartiS TFiiv i?f3L#CY, PL�AaE READ 1T'CAl'iEF�i.i,.�': ADi'11'1"i'L3hi�tiL liU5tJi�ET} !'PR'1�ARY CC71JEFt,4tslc ElUDt3�tSEYt�EYtFT This endorsement modifies insurance provided under the following; Cp;4lihRE�tCddzL �Et�E#�J$� Lti4$dLtT"'v' A�lD PROI^ESStta.NAL UASILiT'1 P.OLIC'k In consideration of are additional premium of MCLUDi D it is hereby agreed that the. folloWng 'Sr included as an Additional Insured as respects Coverage A and, e but only as respects liability arising out of your Work for the Additional Insured ley or for you. Add;trorret itssured: Blanket as required per written contract or .agreement 'ihis does not apply to, bac#ily; sn}ur}r oc praperfy damage arising out of she :��ale ae�figer�oa or willful miscantiuct;4f,:or for defects irr;design furnished bY, tf5e ;4cldiSonafi isfallreci. As raspeats' :the cavaFage 'Worded the Additional insureds this insurance is ;primary, and non-contributory,, and our obligations are riot affected by any o{i�er. insurance carried by such Addit'sonat insured wttettth2r .primary, excess, contingent, or crt any other basis; This endorsemerra does not increase the Company's limits of iiablllty as spewed in the Declarations of this; policy: All other terms.,, oondiuonIs, and. exclusions shall, tarrtain the: sam'e. AUTHORc2'.E0 REPRESFNTAT VE; or countersignature: (in states where :applicable) {27ST PACE 1 OF T S�3Di3RSEf�F�iVT �J{3. 1;6 This andor'secnan�, e�eGtive 12Q kPdl. 01/03/i Porms a paxS. vfi Policy lUa PROP 14202.'l38 _ [sued #o: 1SA.E[V�IIRpl�NIE#�"F L.P �y.:; CHAE4�'tS SPECIALTY f�15URAi�iG4; GaiUIPANY 'f'Ft15 ENit{�E;SSN[E�IT G�i�SG1rS 1"iiE POk;6C1'. Ptl;A,s�. RERt7 [T GA6�EFl#i.LY: .t�UAEVEi? Olw SUBF3i2GA7`iOW = Si�ECEFIC PERSO[1l 4R E3RC��RIi�,ATiOEtik This e.ndarsement modifies jr�surance prvvidecl under Ute foliavving: Cq�![tVlERCil�tiL CtE[VSRP;C. l:6A6[.i"fY RNl7 pftQf�S5ILp1�lF1i. L[A��li:l.TY,Ffl.LIGY [�iatr�e of Person or Orgarsizattan i3ianket - as; reg�ired per writien contractor agreement {t#' na entry appears above, tnfiormatioo requiied to complete:. t)iis endarsemErt; wi(! be shnv�r+ in ifie Declarations as applicable tc tki:is endarsenrtent} !t is hareby a�ceed tf�af;SECi#fl1V.tV, Gondi#Ions, patagrapfl 9. Subragati:o� is. amended to [nefude the foffowing; VUe agree' to waive this right .af subrogad'ori against tfi�e person or arganiza#on stiotMZ in the Schedu[s above ta; -the extenf that you had, prinY to an occurrence or c}'airi�, a vpritten agreementxo ytaive such righis: AiC other terms. cond5ons� and excfusioRs shalt remain the: same. AtlYH t7 R 6��i:?'R � PR E 5�:hi i a'i#VE. o� co�rntersignature (in states v+;tlare apgticaite} ?$C11'j {:SJgjj Incfutles copyrightod;materiaj oifnsurance SEruices CI'i�42 O'fficea, inc;:; With its perrnissian, ]nsuranae Services,tlffice, inc., 1992 PAGE 1 OF T BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (rhe following "attaching dause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 12/30/2011 forms a part of Policy No. WC 021-41-7669 Issued to USA ENVIRONMENT, LP By NEW HAMPSHIRE INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 fit Countersi ned b (Ed. 11J90} Authorized Representative i i CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No, ENV 12-14: TPW-SOIL. CONTRACTOR USA Environmental, L.P. Q N; Title: Ui (Q �r� VW VeL Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared I�uss�ll �kr><►ecl�o �r known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of USA Environmental, L.P. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this a`[ day of C.r , 201") LISA DIANE LOPEZ Notary Public, State of Texas My Commisslon Expires July 12, 2016 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non -Resident vendors in required to be the Statute is attached. Non-resident vendors in (give State), our principal place of business, are percent lower than resident bidders by State law. A copy of (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. Bidder: USA Environmental. L.P. 18745 Goll Street, Suite im San Antonio, Texas 78266 By: (Please Print) Signature Title (Please Print) III USA Environment, LP COS# 18745 Goll Street Suite 103 San Antonio, Texas 18266 Proposal Phone 210.476.5920 Fax 210.481,8184 City of Fort Worth Former Trailer Doctor Property Excavation, Backfilling, Transportation and Disposal Impacted Soils CUSTOMER INFORMATION Name City of Fort Worth Address 1000 Throckmorton City Fort Worth, TX 76102 Contact Roger Grantham 817 3921111,8592 SITE LOCATION Name Former Trailer Doctor Property Address 3051 Hardy Street City Fort Worth, TX Contact IN Roger Grantham 817 39M592 DESCRIPTION Excavation of impacted soils (based on a minimum of 183 cubic yards) Loading, transportation and disposal of impacted soils. (based on a minimum of 183 cubic yarI QUANTITY 183 183 UNIT CY CY RATE $10 $22 EXTENDED TOTAL $17830 $4,026 Alternate Options Disposal of Class II Solids at IESI Turkey Creek Landfill 18311111111� CY $16 $27928 Import and placement of clean fill material 183 CY $18 $3,294 Provide roller for compaction (estimating 1 day) 1 DY $540 $540 Options Not requested by City but was noted in Phase 1 report • Orange Safety Fencing 1 LS $275 $275 • Bermuda Grass Sod 1 LS $700 $700 • Provide Weekly Watering for 3 months 12 EA $350 $41200 Date: August 30, 2012 Sales Rep: Billy Jenkins Prepared By: Klay Patteson Estimated Project Total $121 18 With Options $5,175 Estimated Project Total with Options if required $17, 793 Page 2 USA Cost Estimate Former Trailer Doctor Property 4*0 ENVIRONMENT, LP. A full Service Environmental Company NOTES/REMARKS: USA is pleased to present the following proposal for the excavation, stockpiling, loading, transportation, disposal, and backfilling of a minimum of 183 cubic yards of impacted soils. The following tasks will be completed under the Base Bid line item: Scope of Work: • Develop a written site specific Health and Safety Plan (HSP); to address safety issues associated with the proposed scope of work. • USA will staff the project with 40 HR OSHA trained personnel with applicable 8 HR refresher(s) • USA will excavate, load, transport and dispose of impacted soils. • After haul out is complete, USA will import and place fill material and Bermuda sod. • Provide copies of all pertinent data; photographic documentation, and waste manifests. CLARIFICATION /ASSUMPTIONS: • Base Bid price has been based on the above scope of work. Any additional work required for this project will bid billed on the basis of the listed unit rates or time and materials. • USA assumes that no shoring, sheet piling, or other temporary excavation / foundation support will be required. • Pricing is based on no delays or allowances for weather or down time, greater that 30 minutes, related to the activities of non USA personnel. • USA will require that all subsurface utilities be identified and marked prior to mobilization to the site. Pricing has been prepared based on the assumption that no underground/overhead utilities or concealed conditions will be encountered in the excavations. • Costs for this proposal are based on adequate clearance at the job site for all personnel and equipment to properly complete the job. • USA assumes that the material will be profiled and transported to the landfill as a Class II solid. If Class I or Hazardous material is encountered additional rates will apply. • USA assumes that no silt fence or straw waddles will be required. • USA assumes that the excavation area will be cleared of all trees, shrubs, etc prior to mobilization. • USA assumes that there is no surface cover (concrete or asphalt) over the excavation boundaries. • USA assumes that groundwater will not be encountered within exaction limits. P.O. Box 87687 Houston, Texas 77287 Office (210) 476-5920 Fax (210) 481-8184 1-866-USA-2100 www.usaenviro.com i ar"1, r 9- c O (6 f6 N U Q -I O C) O � 0] U X — O W fn