Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 44800 (2)
CONTRAC'I' Between CITY OF FORT WORTH and Southern Environmental Management and Specialties, Inc. (BENS, Inc.) For UNDERGROUND STORAGE TANK REMOVAL Project #: ENV 13-07: UST REMOVAL Transportation & Public Works Department Environmental Management Division September 2013 RECEIVED SEP 16 2013 OFFICIAL RECORD CITY SECRETARY FT WORTH, TX STATE OF TEXAS KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANK PROJECT NO. ENV- 13 - 07: UST REMOVAL 246 WEST 15th STREET DAGGETT ADDITION BLOCK V LOTS 23 THROUGH 34 This Contract is entered into by and between the City of Fort Worth, Texas, a home -rule municipality located within Tarrant County Texas, ("City") acting through Fernando Costa, its duly authorized Assistant City Manager, and SEMS, Inc. ("Contractor"), acting through Mark L. Morgan, P.E., its duly authorized President. 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: Citv'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 Documents shall also include any and all supplemental agreements approved by the City 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. Contract for Removal of Underground Storage Tank- Page 1 of 20 Southern Environmental Management And Specialties— 246 West 15"' Street Project Site Subcontract means a contract between the Contractor for this project and another person or company for any task reasonably related to 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 and as otherwise specified in the Contract Documents. 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. C. Contractor will provide City copies of all waste related documents, laboratory results on backfill soils and compaction testing results for inclusion in regulatory closeout documentation. D. Contractor will provide and coordinate utility -locate services. 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. B. City shall give timely direction to the Contractor. C. City shall render decisions regarding modifications to the Contract and any other issue. D. City will provide laboratory services on a 2-day turn —around -time (TAT) for post - excavation confirmation soil sampling and waste profile purposes. E. City will provide post -removal regulatory documentation. 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 excavation and underground storage tank (UST) remediation activities. Contract for Removal of Underground Storage Tank- Page 2 of 20 Southern Environmental Management And Specialties— 246 West 154h Street Project Site Contractor shall begin work when and as specified in the Notice to Proceed. Contractor shall complete work specified under this contract within ten (10) working days from the beginning date as specified in the Notice to Proceed unless an extension of time is granted (in writing), 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 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 City 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 City shall exceed the contract price or prices set forth in the Contract Documents, the Contractor and/or its surety shall pay City 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, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor. 6. COMPENSATION Section 1. Fee Schedule. City and Contractor agree to a compensation rate for services for a base price of eighteen thousand nine hundred dollars ($18,900) for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A" except for the Class 2 hazardous soil removal, transportation, and disposal which shall be compensated at a rate of twenty-four dollars ($24) per cubic yard with a not to exceed combined total of twenty-three thousand nine hundred sixty-two dollars ($23,962.00). Contract for Removal of Underground Storage Tank- Page 3 of 20 Southern Environmental Management And Specialties— 246 West 15'h Street Project Site 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 pursuant to the terms of this contract or a 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 of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 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 Contract for Removal of Underground Storage Tank- Page 4 of 20 Southern Environmental Management And Specialties— 246 West 15'h Street Project Site A. Definitions. In this paragraph, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, awards, damages, losses, violations, 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 or any 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 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 but not limited to and without any other limitation: a. Damages of any kind, including but not limited to present, past or future compensatory, punitive, exemplary, or damages of any type for personal injury and death, or injury to the environment, property, or natural resources; b. Fees and costs incurred for the services of attorneys, consultants, contractors, experts, and laboratories, and the investigation, remediation, and 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 violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability of any kind to any third person or governmental agency. d. Fines, penalties, assessments, or other costs associated with the violation of a statute, regulation, rule, order, or permit of a federal, state, or local government entity. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, permits, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, 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, and the standards set by all relevant Contract for Removal of Underground Storage Tank- Page 5 of 20 Southern Environmental Management And Specialties— 246 West 151i Street Project Site non -governmental standards -setting organizations (e.g. ASTM) and applicable professional, business, certification, and occupational organizations, boards, and bureaus, including by way of example, but not limited to: a. All requirements and standards, including, but not limited to, those pertaining to reporting, licensing, permitting, emissions, discharges, releases, or threatened releases of hazardous materials, wastes, pollutants, contaminants, hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the environment, 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 and standards pertaining to the protection of the health and safety of the environment, 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 INCLUDING THE CITY OF FORT WORTH, ITS EMPLOYEES, AND AGENTS. C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR Contract for Removal of Underground Storage Tank- Page 6 of 20 Southern Environmental Management And Specialties— 246 West 15th Street Project Site CONTRACTORS AND ANY OTHER PERSON OR ENTITY INCLUDING THE CITY OF FORT WORTH, ITS EMPLOYEES, AND AGENTS. 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 and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. 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. 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. Contract for Removal of Underground Storage Tank- Page 7 of 20 Southern Environmental Management And Specialties— 246 West 15"' Street Project Site The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The -term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. . 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to 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. Contract for Removal of Underground Storage Tank- Page 8 of 20 Southern Environmental Management And Specialties— 246 West 15'" Street Project Site 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 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 Contract for Removal of Underground Storage Tank- Page 9 of 20 Southern Environmental Management And Specialties— 246 West 154h Street Project Site 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 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the 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. 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 and will take all reasonable measures to mitigate and minimize the risks of such hazards. 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, including suspension or debarment by any government entity which would prohibit or preclude 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, Contract for Removal of Underground Storage Tank- Page 10 of 20 Southern Environmental Management And Specialties— 246 West 1561 Street Project Site 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. 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 Contract for Removal of Underground Storage Tank- Page 11 of 20 Southern Environmental Management And Specialties— 246 West 15'h Street Project Site 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. 16. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 20020, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor acknowledges that no M/WBE goal has been established for this Agreement. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not Tess than three (3) years. 17. PREVAILING WAGE RATES AND DAVIS-BACON Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts. Contract for Removal of Underground Storage Tank- Page 12 of 20 Southern Environmental Management And Specialties— 246 West 15{h Street Project Site 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 Tess 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, nor in any manner contrary to federal, state, or local law. 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. Contract for Removal of Underground Storage Tank- Page 13 of 20 Southern Environmental Management And Specialties— 246 West 151h Street Project Site 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. 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. Contract for Removal of Underground Storage Tank- Page 14 of 20 Southern Environmental Management And Specialties— 246 West 15th Street Project Site 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: If to the Contractor: Michael Gange, Assistant Director Department of Transportation and Public Works 1000 Throckmorton St. Fort Worth, TX 76102 Mark L. Morgan, P.E., President Southern Environmental Management and Specialties, Inc. (SEMS, Inc.) 11628 South Choctaw Drive Baton Rouge, Lousiana 70815 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 has 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. Contract for Removal of Underground Storage Tank- Page 15 of 20 Southern Environmental Management And Specialties— 246 West 1 e Street Project Site 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. 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. Contract for Removal of Underground Storage Tank- Page 16 of 20 Southern Environmental Management And Specialties— 246 West 15'h Street Project Site ATTACHMENT A. SCOPE OF WORK The scope of work anticipated for the UST removal includes the following: Contractor will furnish all labor, materials and equipment necessary to perform the removal, transportation, and disposal of one underground storage tank, located at: 246 WEST 15TH STREET Daggett Addition BIkVLot23-34 FORT WORTH, TEXAS PROJECT SPECIFICATIONS Contractor will be responsible for confirming utility -locate services prior to work commencement. The best method to address any utility concerns that arise will be determined with consultation of City staff. Removal of one (1) underground storage tank located on the southern property boundary of 246 West 15th Street, Fort Worth, Texas 76102. The work area is described as being located in the southern portion of the property, more specifically in the right-of-way located at 246 West 15th Street in Fort Worth, Tarrant County, Texas. The proposed response action for the Site includes the decommissioning of one approximately 1,000 gallon underground storage tank (UST) located along the southern property boundary. In addition to the decommissioning of the existing UST, clean select -fill materials will be required to fill the former tank hold. Compaction of select -fill materials will be required to occur in 12" lifts without third -party density testing required. The scope of work for the UST removal includes the following: • Contractor certifies that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to allow for the work associated with the contract. • Soils shall be disposed of at an approved and properly licensed TCEQ landfill facilities which are fully licensed, permitted, and authorized by all applicable regulatory agencies for the disposal of the hazardous and other regulated materials. • Transportation, handling, and disposal of the contaminated soils shall be in accordance with all applicable federal, state, and local statutes, regulations, standards, and requirements as related to the transport, handling, and disposal of hazardous and other Contract for Removal of Underground Storage Tank- Page 17 of 20 Southern Environmental Management And Specialties— 246 West 15th Street Project Site regulated materials. This includes but is not limited to the lawful and proper use of appropriate manifests, labeling, placarding of vehicles, and taping of loads. • All applicable licensing is required of the disposal facilities utilized in the performance of this contract. All applicable endorsements are required for hazardous waste transporters. HAZWOPER (29 CFR 1910.120) training shall be required of workers who will be involved in operations at the project site in accordance with federal and state requirements. • Contractor agrees to provide waste profiling and manifests naming the City of Fort Worth as the Generator of the excavated soils. • Contractor agrees to provide the City with copies of the weight tickets and transportation logs for both the waste disposal and the verified clean fill materials. • Contractor agrees to excavate and stockpile on 6-mil polyethylene sheeting the excavated soils to allow the City to perform soil sampling for waste profiling. • Contractor agrees to maintain proper safety fencing, as needed, and also provide adequate signage, barricades, traffic cones, and "flagmen" during the course of the project when heavy traffic will be leaving or entering the site. Contractor agrees to provide temporary safety fencing to be used and the fencing shall be a heavy-duty, diamond -link mesh, orange, high density polyethylene safety or security fencing that will withstand substantial weather -related stresses. • Contractor agrees to maintain the site in a manner that will control all generated debris from becoming windblown and/or migrating from the work area during and after working hours. • Contractor agrees to saw cutting and breaking the concrete cover over the UST; • Contractor agrees to the excavation of remaining tank backfill material to expose the tank for removal; • Contractor agrees to remove of all associated product and vent line piping, where applicable; • Contractor agrees to collect and properly dispose of any residual product remaining in the tank; • Contractor agrees to cleaning the interior of the tank and purging the tank of all explosive vapors using forced air or other suitable means; • Contractor shall dispose of the storage tank in accordance with all applicable federal, state, and local laws, regulations, ordinances, and requirements. • Contractor agrees to stockpile excavated soils on -site using 6-mil polyethylene sheeting underneath and covering them to prevent storm water runoff while awaiting laboratory analysis; • Contractor agrees to pull any necessary City of Fort Worth permits and file TCEQ notifications of petroleum storage tank construction activities. • Contractor is solely responsible for verifying the location of work to be performed. All work must be completed in accordance with the most recent revisions of applicable laws and regulations promulgated by the U.S. Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ); Texas Department of State Health Services (TDSHS), Occupational Health and Safety Administration (OSHA), Department of Transportation (DOT), City of Fort Worth Fire Department, City of Fort Worth Planning and Development Department or any other entity that may have jurisdiction on work being performed. Contract for Removal of Underground Storage Tank- Page 18 of 20 Southern Environmental Management And Specialties— 246 West 15'h Street Project Site ATTACHMENT B COMPENSATION SCHEDULE Prices for services shall be compensated in accordance with the tables below as consistent with the terms of this contract, for a base price of eighteen thousand nine hundred dollars ($18,900) for all work as described in the Scope of Work (Attachment A) plus the cost of Class 2 hazardous soil removal, transportation, and disposal at a rate of twenty-four dollars ($24) per cubic yard with a not to exceed a combined total of twenty-three thousand nine hundred sixty—two dollars ($23,962.00). Item UNIT COST 1,000-gallon UST removal and proper $ 18,900.00 / Lump Sum disposal 'Base Price Removal and disposal of associated piping, 2. vent lines, dispensers, etc. from UST included in base price location 3. Breakage of concrete included in base price 5 Backfill with Clean select fill material verified included in base price with laboratory analytical results. 6. Permits included in base price 7. Disposal of UST liquid contents included in base price 8. Concrete Recycling included in base price Loading, transport, and disposal costs of 9. impacted soils (per yard cost) — Class II $ 24.00 / CY Non -hazardous Contract for Removal of Underground Storage Tank- Page 19 of 20 Southern Environmental Management And Specialties— 246 West 15'h Street Project Site SIGNATURE PAGE FOR CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANK PROJECT NO. ENV- 13 -07: UST REMOVAL 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: CONTRACTOR Southern Environmental Management and Specialties (SEMS, Inc.) BY: Fernando Costa Mark t. Morgan, Assistant City Manage�r President Date Signed: S//3713 • RECO Michael Gang Assistant Dir Transportatioh and Public Works APPROVED AS TO FORM AND LEGALITY: atiti - Arthur N. Bashor Assistant City Attorney City Secretary M&C: WITNESS:, CORPORATE SEAL: nFFICI L RECORD CITY SECRETARY l T.WORTH,TX Contract for Removal of Underground Storage Tank- Page 20 of 20 Southern Environmental Management And Specialties— 246 West 15'h Street Project Site NO Mai(,: h09W0001.'D SEMSC1nc. Southern Environmental Management & Specialties 11628 S. Choctaw Drive Baton Rouge, LA 70815 Phone: 225.924.2002 Fax: 225.924.2004 www.semsinc.net July 17, 2013 Project No. P13-107 Mr. Tom Higgins, City Manager City of Fort Worth Purchasing Office 1000 Throckmorton Fort Worth, Texas 76102 Dear Mr. Higgins, Removal of Underground Storage Tanks from 246 151h Street — Lancaster Mixed Use Project SEMS, Inc. (SEMS) is hereby providing the City of Fort Worth with a bid for the above referenced project. Should you have any questions or require additional information, please contact us at (225) 924- 2002. Sincerely, SEMS Inc. Brian H. Sullivan Project Manager Baton Rouge • Memphis • New Orleans • Birmingham • Nashville SEMS, ino. 3801 N. Causeway Blvd Suite 209 Metairie, LA 70002 COST ESTIMATE UNDERGROUND STORAGE TANK REMOVAL # Item UNITS UNIT COST EXTENDED COST 1 1,000-gallon UST removal and proper 1 UST XXXXXXXXX $ / Rs) `7OO disposal Removal and disposal of associated piping, 2. vent lines, dispensers, etc. from UST - 50 FT $ 0 / EA $ 0 location 3. Breakage of concrete - 75 SF $ C) / SF $ 0 4 Backfill with Clean select fill material verified 500 CY $ 0 / CY $ 0 with laboratory analytical results. 5 Density testing for compaction of Clean 12 Units $/TEST $ select -fill materials 6. Disposal/Recycling of Concrete from Site 20 CY $ 0 / CY $ 0 7 Disposal of UST liquid contents - assume 1,500 GAL $ (� i GAL $ 01,500 gallons (for extended pricing) 8. Compaction/Density costs (12" lifts) 12 Unit $ 0 / TEST $ 0 9. Over -excavation of soils (per yard cost) --100 CY $ (`;) ICY $ 0 10. Waste disposal costs impacted soils (per $ 2 Li / CY $ yard cost) - assume Class II Non -hazardous - 100 CY 11. inerting or Purging the UST utilizing dry ice 1 Unit $ 0 / UST $ C 'fe.(., ' I) /Vo y-k,r r .-, , 5.3 t. 0,..y.-st'i+0_ 1.--c}'}7,r� hr Q 0,-, IG) elvi,e 5 G'J(_s )-e ass �?�'Sc_ tiv.k * Laboratory analytical sample collection, report preparation for submittal to TCEQ, and other regulatory reporting requirements will be conducted by the City. Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT TOTAL COST $ I Jc/acifec= 3D/7„2/) °/--3 Page 5 of 10 July 2013 Grantham, Roger From: Sent: To: Cc: Subject: Attachments: Brian Sullivan [bsullivan@semsinc.net] Monday, August 12, 2013 10:51 AM Grantham, Roger edg©semsinc.net; Mark Morgan Revised UST Pricing for Lancaster Mixed Use Project Picture (Device Independent Bitmap); 20130812114944529.pdf Roger, Attached is our revised pricing for the project. Hope this is acceptable. I did make two notations on it. 1. No third party backfill compaction testing to be required. (SEMS will still compact the material in lifts using heavy equipment; just no outside testing service required) 2. The waste disposal unit rate is still applicable, but only if utilized by the city. Likely, not necessary. Thanks, Brian H. Sullivan, P.E. SEMS, INC. New Orleans Office 3801 N. Causeway, Suite 209 Metairie, Louisiana 70002 Office 504-342-2340 Fax 504-342-2543 Mobile 225-337-0402 t SEMS 'Inc. Southern Environmental Management & Specialties Original Message From: BSullivan [mailto:BSullivan@semsinc.net] Sent: Monday, August 12, 2013 10:50 AM To: BSullivan Subject: fw ust This E-mail was sent from "RNP0026733671E2" (Aficio MP C3501). Scan Date: 08.12.2013 11:49:44 (-0400) 1 Queries to: SEMSnola@semsinc.net 2013081211494452 9.pdf (525 KB)... 2 COMPETITIVE SEALED PROPOSAL TO: MR. TOM HIGGINS CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH, TEXAS FOR: REMOVAL OF UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT 1000 Throckmorton Fort Worth, Texas ENV-13-07: UST REMOVAL Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base Bid for All Activities (Page 8) $ 2 3 t 1 (0;2 00 A Project Schedule will be submitted as required in the Instructions to Offerors. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT Page 1 of 10 July 2013 The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. ❑ Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. Non-resident vendors in 1- 0c1151(give state), are not required to underbid resident bidders. B. ❑ Our principal place of business or corporate offices are In the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($ AeR ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE (MBE): (For bids in excess of $50,000) • I am aware that I must submit information to Transportation and Public Works - Environmental Management Division concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. xxxxxxxxxxxxxxxxxx The Remainder of this Page Is Intentionally Left Blank xxxxxxxxxxxxxxxx Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT Page 2 of 10 July 2013 Respectfully submitted, By: Address: 5 r- 7)1 Compan N ature Mr. /no v,i4p, P E. Printed Name of Principal Title 5. cLti -- Street City Zip Phone: :VD— C— —,?,c) 0 ,— Fax: (9"-- .?" 22° °LI Email: /V/ Al 0 #••-.V.e 0_5e"--5 /14-4".. Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No. 2: Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT • / _55 vf 6 Page 3 of 10 July 2013 Proposal Documents Bids are being accepted by the City of Fort Worth ("City") for the furnishing of all labor, materials and equipment necessary for the following tasks: • Task No. 1: Removal of ONE (1) underground storage tank located on the southern side of 246 15m Street, associated with the Lancaster Mixed Use Protect site. Task No. 1 — Underground Storage Tank Removal The work area is described as being located in the right-of-way, southern side of 246 15`" Street in Fort Worth, Tarrant County, Texas. The proposed response action for the Site includes the decommissioning of one, approximately, 1,000-gallon underground storage tank (UST) located along the southern property boundary. In addition to the decommissioning of the existing UST, clean select- fill materials will be required to fill the former tankhold. Compaction of select -fill materials will be required to occur In 12" lifts with density testing being required for each lift. Density testing requirements should meet or exceed the +/- 95% before the next lift is initiated. The scope of work anticipated for the UST removal includes the following: • Saw cutting and breaking the concrete cover over the USTs; • Excavation of remaining tank backfill material to expose the tank for removal; • Removal of all associated product and vent line piping, where applicable; • Evacuation and removal of any residual product remaining in the tank; • Cleaning the Interior of the tank and purging the tank of all explosive vapors using forced air or other suitable means; • Stockpile excavated soils for analytical testing; • Fill material removed from the tank pit will be placed on -site on polyethylene sheeting and covered to prevent storm water runoff while awaiting characterization and authorization to return to the excavation; • Once stockpile analytical results are received, all excavated material (assumes excavated soil material is "non -impacted") and sufficient clean select fill material to make up the volume of the removed UST will be placed back in the excavation and compacted to grade in 12-inch lifts. Compaction testing and verification will be performed with a density of +/- 95%. • Necessary City of Fort Worth permits and TCEQ notifications of petroleum storage tank construction activities. All work must be completed in accordance with the most recent revisions of applicable laws and regulations promulgated by the U.S. Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ); Texas Department of State Health Service (TDSHS), Occupational Health and Safety Administration (OSHA), Department of Transportation (DOT), City of Fort Worth Fire Department, City of Fort Worth Planning and Development Department or any other entity that may have Jurisdiction on work being performed. Proposal Page 4 of 10 REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT July 2013 COST ESTIMATE UNDERGROUND STORAGE TANK REMOVAL # Item UNITS UNIT COST EXTENDED COST 1 1,000-gallon UST removal and proper 1 UST XXXXXXXXX $ )1 ,Zv d disposal Removal and disposal of associated piping, 2. vent lines, dispensers, etc. from UST 50 FT $ ( / EA $ 50, 0 ei location 3. Breakage of concrete — 75 SF $ 1 / SF $ .� y ,, 00 4 Backfill with Clean select fill material verified 500 CY $ Q, I / CY $ '0 0 with laboratory analytical results. 5 Density testing for compaction of Clean 12 Units $ / / TEST $ 0 select -fill materials 6. Disposal/Recycling of Concrete from Site 20 CY $ 0,1 / CY $ 2 , 0 0 7 Disposal of UST liquid contents — assume — 1,500 GAL $ 0,i / GAL $ / , 0 . © 0 1,500 gallons (for extended pricing) 8. Compaction/Density costs (12" lifts) 12 Unit $ I / TEST $ 0 0 9. Over -excavation of soils (per yard cost) — 100 CY $ Ur . 1 / CY $ / ©, 0 0 10. Waste disposal costs Impacted soils (per $ QR y/ CY $ I/00 61° yard cost) — assume Class II Non -hazardous — 100 CY 11. Inerting or Purging the UST utilizing dry Ice 1 Unit $ / / UST $ / 0(� TOTAL $ •z'h/ q 4,2 , JC COST * Laboratory analytical sample collection, report preparation for submittal to TCEQ, and other regulatory reporting requirements will be conducted by the City. Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT Page 5 of 10 July 2013 A. Contractor Information and Qualifications: Bidder shall submit the following items proving they are duly qualified and capable to fulfill and abide by the requirements listed herein. The documents listed below shall be included In this bid submittal, in the same order as listed, following these pages, bound within the response. Failure to submit any of the following information may result in the bid document being considered non- responsive. -Bidder shall provide company Information including its company name, address, telephone number(s), email address and FAX number(s) for the local office as well as the headquarters. -Bidder shall attach an up-to-date and concise copy of its current Statement of Qualifications. Licenses and Certifications: Provide copies of necessary company licenses and certifications required to complete project. -Bidder shall provide necessary company licenses and certifications required to complete the project: • current Texas Sales/Use Tax Certificate • current Texas Secretary of State Business/Company Registration exhibiting Officers of Business/Company • current Certificate of Good Standing (Texas Secretary of States' office) -Bidder shall complete a staff matrix including the following information detailing the provider's personnel, their qualifications, and years of experience for staff that will be providing services associated with this Solicitation. • Position title and Job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc.) • Name • Tasks to be performed in association with this contract • Certifications/Licenses • Total Years Experience • Length of employment with your company -Bidder shall provide at least four (4) project references similar in scope and size to that of this Solicitation. Each project reference shall include the following information: • Company's Name • Name and Title of Contact/Project • Email, Phone, and Address of Contact • Contract/Project Value • Brief Description of Service Provided Proposal Page 6 of 10 REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT July 2013 -Bidder shall submit the following items included in this bid submittal, in the same order as listed, following this page, bound within the response. Project Schedule: Contractors shall provide a project schedule that includes all major tasks pursuant to the Scope of Work and Specifications. The project schedule shall show all tasks in the left most column and their duration shall be plotted horizontally versus time. A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by 17" wide. The project schedule must be submitted with the bid. During the term of the contract the Contractor shall submlt monthly project schedules showing planned work and actual work accomplished. Schedule of Values: Progress Payments will only be made after completion of those tasks and/or subtasks identified on the Protect Schedule and Schedule of Payments. Progress Payments will be made during the project no more frequently than once per month. A payment schedule must be submitted with the Bid showing the name of each task and/or subtask, the name of the deliverable document for each task and/or subtask, total task and/or subtask cost, planned payment dates for each task and/or subtask, and the amount that would be remaining in the contract account. Upon receipt of final project completion documentation, final project payments will be approved. Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. Provide a sample invoice and sample project closeout documentation. Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. PLEASE INCLUDE REQUESTED CONTRACTOR DOCUMENTATION FOLLOWING THIS PAGE, BOUND WITHIN THE PROPOSAL PACKAGE Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT Page 7 of 10 July 2013 B. Subcontractors Information and Qualifications Providers shall complete the following information and submit it with the Bid Documents to permit the City of Fort Worth to more fully evaluate the submittal's quality prior to awarding the contract. Attach additional pages as necessary. Company Name: Address: Phone Number: rA, , r_. - ✓�c_ q' E . i1wv) 12- 1 :tot 2-1 W 50.5- L7/Li Website: I t-"t`'"l' I Proposed Tasks on the Project: 721 s� :i/ Fw 5 )i/ Company Name: 7— • it, 0 ••r--v c.-i i . 'T'vtiC Address: /4 5 75 Phone Number: 1 �—, �i:� _'�i�FC%' Website: I /\--00` Proposed Tasks on the Project: � E- 5 4- -e `rv, � � e- 4t -^ Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT Page 8 of 10 July 2013 Company Name: Address: Phone Number: Gr- v (rot, 4 O' 4- 2 4 5 Jc 1 .°5, — `T - /q I Website: /✓ 5•a N f Proposed Tasks on the Project: Company Name: Address: Phone Number: 1'1 f v`-e/f 'v'_^.5 4L' I %#'S'-/ COO // 9 r- C K-(4. 5 5'4, / U C ✓'� "l vo' I Website: ( Proposed Tasks on the Project: / ; 6t el (.4, , T/7L y frtc e_ Company Name: c) $0)4 --- Address: -;'' f � /�/ems T.-.����- �- Phone Number: 2 / t-f 'if—)-- I Website: I / L9 Proposed Tasks on the Project: Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT Page 9 of 10 July 2013 If subcontractors are to be utilized, the following information should be submitted for EACH subcontractor. (This section must be completed in addition to the required MWBE documentation) Subcontractor's company name, address, email address, telephone number(s), and FAX number(s) for the local office as well as the headquarters. Subcontractors current Statements of Qualifications. Matrix ►nc►uding the following information detailing the subcontractor's personnel, their qualifications, and years of experience. ■ Position title and Job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc..) ■ Name ■ Tasks to be performed in association with this contract ■ Certifications/Licenses ■ Total Years Experience PLEASE INCLUDE REQUESTED SUBCONTRACTOR DOCUMENTATION FOLLOWING THIS PAGE, BOUND WITHIN THE PROPOSAL PACKAGE Proposal REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCAS TER MIXED USE PROJECT Page 10 of 10 July 2013 sCI1V131j V SEMS(flnc. Southern Environmental Management & Specialties SEMS SCHEDULE 11628 S. Choctaw Drive Baton Rouge, LA 70815 Phone: 225.924.2002 Fax: 225.924.2004 www.semsinc.net ITEM DATES Bid Opening June 18, 2013 City Award July 25, 2013 Contract Received and Notice to Proceed August 1, 2013 SEMS Mobilization August 12, 2013 UST Removal and Stockpiling Soil August 12-13, 2013 Demobilization August 14, 2013 Mobilization September 2, 2013 Remove Contaminated Soil and / or Backfill September 2-6, 2013 Demobilization September 6, 2013 SCHEDULE OF VALUES (Same as cost estimates completed with Bid Documents) COST ESTIMATE UNDERGROUND STORAGE TANK REMOVAL # Item UNITS UNIT COST EXCEN COSTTED 1 1,000-gallon UST removal and proper 1 UST XXXXXXXXX $ J 2,) 0 disposal Removal and disposal of associated piping, 2. vent lines, dispensers, etc. from UST — 50 FT $ I / EA $ 50, 00 location 3. Breakage of concrete — 75 SF $ I / SF $ , tj ,, 00 4 Backfill with Clean select fill material verified 500 CY $ 0, i ICY $ 50, 0 0 with laboratory analytical results. 5 Density testing for compaction of Clean 12 Units $ / / TEST $ select -fill materials ° U 6. Disposal/Recycling of Concrete from Site 20 CY $ O. 4 / CY $ , 0 0 7 Disposal of UST liquid contents — assume — 1,500 GAL $ 0. I / GAL $ rj U r 0 t) 1,500 gallons (for extended pricing) 8. Compaction/Density costs (12" lifts) 12 Unit $ 1 / TEST $ f a, 00 9. Over -excavation of soils (per yard cost) — 100 CY $ J. 1 / CY $ / 0, 0 0 10. Waste disposal costs impacted soils (per $ 02 1// CY $ /7 "(0, Co yard cost) — assume Class it Non -hazardous — 100 CY / 11. Inerting or Purging the UST utilizing dry ice 1 Unit $ / / UST $ / / 00 TOTAL COST 03,07A * Laboratory analytical sample collection, report preparation for submittal to TCEQ, and other regulatory reporting requirements will be conducted by the City. Proposal Page 5 of 10 REMOVAL UNDERGROUND STORAGE TANK FROM THE LANCASTER MIXED USE PROJECT July 2013 jc 1 v CS PROJECT REFERENCES — SIMILAR PROJECTS 1) City of New Orleans, 1300 Perdado Street, New Orleans, Louisiana 70112 Implementation of Corrective Action — New Coroner Complex Contract No. 2285-01264 Contract Value: $378,000 Contact: Mr. Jim Lynch, 504-473-3523, iimlvnchnnola.zov Description: Community Development Block Grant funded project with DBE goal of 35% and Section 3 Plan goal of 10%. Non -hazardous waste removal and disposal of approximately 5,000 cubic yards and back fill placement of select fill to 95% standard proctor. 2) City of Waco, 200 Calcord Road, Building No. 100, P. O. Box 2570, Waco, Texas 76702-2570 "Environmental Remediation of Brownfields Site at 901 Peach Street" Contract No. RFP 2013-019 Contract Value: $548,100 Contact: Mr. Mike Jones, 254-750-8001, mikei(c cl.waco.tx-us Description: Project involved the removal and disposal of concrete pavement and building foundations, removal and disposal of contaminated soil, and backfill and compaction of selected fill material. Approximately 5,800 cubic yards of soil were removed and replaced. 3) City of Lake Charles, Planning Department, 326 Pujos Street, 7th Floor, Lake Charles, Louisiana 70601 "Removal of Underground Fuel Tanks and Contaminated Soils as Part of Enterprise Boulevard Extension" Contract No. 2010-37 Contract Value: $132,840 Account No. 35-1002-430-39-04 Req. No. 2010002353 Project: CP2954 P.O. No.: 065906 Description: SEMS removed two 10,000 gallon gasoline underground storage tanks for the city of Lake Charles. Project included tank removal, tank recycling, 20,000 gallons of fluid disposal, and disposal of 250 tons of petroleum impacted soils. 4) City of Westwego, 419 Avenue A, Westwego, Louisiana 70094 "Clem's Site UST Closure, Brownfiels Revolving Loan Fund 128a Cleanup Contract No. CFMS No. 699367 Contract Value: $92,480 Contact: Mayor John I. Sheddinger, JR., 504-347-5745, mayor@cityof Westwego.com. Mr. Hamid R. Alizcdeh, P.E., Shaw Coastal, Inc., 3838 N. Causeway Boulevard, Metairie, Louisiana 70002, 504-832-4878 Description: SEMS implemented a Voluntary Remedial Action for the City of Westwego. SEMS removed four 10,000 gallon underground storage tanks, disposed of 23,000 gallons of UST fluids, prepared closure report, and performed environmental sampling. SEMS also submitted a VRAP report to the LDEQ on behalf of the city. 1TiVOTOiN110 /6 SEMS(Inc. Southem Environmental Management & Specialties COMPANY INFORMATION SEMS, INC. 11628 SOUTH CHOCTAW DRIVE BATON ROUGE, LOUISIANA PHONE: 225-924-2002 FAX: 225-924-2004 E-MAIL: mmorgan asemsinc.net bsullivan(asemsinc.net OWNER/PRESIDENT MARK L. MORGAN, P.E. 11628 S. Choctaw Drive Baton Rouge, LA 70815 Phone: 225.924.2002 Fax: 225.924.2004 www.semsinc.net Baton Rouge • Memphis • New Orleans • Birmingham • Nashville 03 AINVICNVIOTAS SEMS Inc. Sutlers Ftrvna+el G, W ere[ 6 S�+o„ Company Profile SEMS, Inc. (SEMS) is an environmental management and specialties services firm that offers a full range of capabili- ties to assist industries in complying with federal, state, and local environ- mental regulations. Some key facts about SEMS are as fol- lows: • SEMS was founded in 1992 in Baton Rouge, Louisiana, which serves as our corporate office; • SEMS has established branch offices located in Nashville (1993) and Mem- phis (1995), Tennessee; New Or- leans (2006), Louisiana; and Birming- ham (2009), Alabama; • SEMS Maintains a high level of customer service and is re- sponsive to the individual needs of each client, whether for small or larger scale pro- jects; and • SEMS has maintained minimal opera- tional costs throughout the growth process in order to remain cost com- petitive for every type ad size pro- ject. SEMS offers environmental manage- ment services for our clients in three major service lines or divisions: • Environmental Engineering Services; • Fuel Storage Tank and Oil/Water SF_IVIS_ Inc. brdl.n hw¢neYI66�gonrit iSCauCa Client Testimonials Mr. Ken Whatley Compliance Manager Williams TravelCenters, Inc. 1101 Kermit Drive, Suite 800 Nashville, Tennessee 37217 "I have found the strongest qualities of SEMS to be their ability to coordinate large-scale, long-term programs and their ability to adjust to changing program environments while always remaining conscious of impact to the bottom line. For over 10 years, SEMS has proven to Williams TravelCenters, Inc. That they are interested in maintaining long-term, productive business relationships." Mr. David Daniel "Dan" Waters, Jr. Vice President of Environmental Compliance Swifty Serve Corporation 1824 Hillandale Road Durham, North Carolina 27705 "i have worked with Mark Morgan since 1986 and SEMS since its inception in 1992. SEMS has always worked within difficult pro- gram restraints and requirements to help us meet our project and regulatory objectives. We rely on SEMS to be there when we need them and SEMS has never let us down." Mr. Eugene O. Ponti Site Manager Ethyl Corporation - Former Baton Rouge Facility Gulf States Road Baton Rouge, LA "SEMS and their employees have served an active role in site man- agement since the early days of RCRA. For us, the environmental constraints placed on a site closure were very challenging, but the SEMS team's ingenuity proved equal to the challenge and 1 was able to retire with security. SEMS has maintained a field crew on - site to meet post closure requirements with only management oversight from our corporate headquarters." A Note From The President: "SEMS is committed to cus- tomer service and satisfac- tion. Our mission is to at- SEMS'Inc. Southern Environmental Management & Specialties Regional Specialists Baton Rouge (Corporate) Office 11628 S. Choctaw Drive Memphis Office 1683 N. Shelby Oaks Drive, Suite 5 Memphis, TN 38134 Birmingham Office 217 First Street, Ste. D Alabaster, AL New Orleans Office 3801 N. Causeway Boulevard, Suite 209 Nashville Office 2250 South Gate Boulevard Murfreesboro, TN www,semsinc.net SEMS `Inc. Suuvon E�v�moce .uvwweoa fi Sp,aau. ENVIRONMENTAL ENGINEERING SERVICES SEMS Environmental Engineering Services Division consists of Professional Engineers, Professional Geolo- gists, and other scientists specializing in environmental management and engineer- ing. Some of the engineering services SEMS routinely performs are as follows: • RCRA Facility Investigations (RFD; • .Remedial investigation CRD; • Environmental Site Assessments includ- ing Phase / and Phase 11 (s); • Design Plans and Specifications; • Groundwater/Soil Compliance Monitoring and Reporting Programs; • Landfill Design, Permitting, Construc- tion/Closure Oversight; • Solid and Hazardous Waste Permits and Reports; • Wastewater Treatment System Design; • NPDES/Stormwater Permits, Compliance Monitoring and Reports; • Corrective Measure Studies (CMS); • Feasibility Studies (FS); • Con-ective Action Plans/Remedial Action Plans; • Rapid (Emergency) Response Plans; • Spill Prevention Control and Counter- measure (SPCC) SEMS 'Inc. FUEL STORAGE TANKS AND OIL/ WATER SEPARATOR SYSTEM SER- VICES SEMS provides comprehensive UST, AST and 0/ W separator system management to owners/ operators. SEMS offers Direct Cost Reimburse- ment from State Trust Funds for those clients preferring that method of business. We constantly monitor the changing regulatory requirements of federal, state, and local agencies, which enables us to serve as professional liaisons with these regulatory agencies. Some of the ser- vices we provide are as fol- lows: • Site Investigations and Assessments; • Groundwater Monitoring and Reporting; • Installation and Mainte- nance of UST's, ASTs, and O/W Separator Sys- tems; • Removal and Closure of UST's, AST's, and O/W Separator Systems; • Cathodic Protection Upgrades, Monitoring, and Reporting; • Containment Sump Installations; • Stage 1I Vapor Recovery Installation and Moni- toring; • Soil Gas Surveys; SEMS Inc. Sodom G.,anft•Manosa 6fi STam ENVIRONMENTAL REMEDIATION and CONSTRUCTION SERVICES SEMS provides compre- hensive remediation and construction management services to many kinds of industries. These services assist clients in solving their environmental man- agement problems effec- tively and efficiently. Proven, state-of-the-art technologies are utilized to minimize costs. Some of the construction and reme- diation services SEMS has provided to its clients in- clude: • Landfill Closures; • Waste Excavation, Transportation, and Disposal; • Soil Solidification/ Stabilization; • Soil Washing; • Soil Mixing with Vapor Recovery; • Water Treatment; • Bioremediation; • Building Demolition; • Waste Characterization, Profiling, and Mani- festing; • Volume Reduction Utilizing Filter Press, Centrifuge, and Belt Press; • Demolition of Contaminated Concrete and • , LICENSES AND CERTIFICATIONS VIII 410.0 NEM▪ O Eg ME▪ M Mar TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it known that SEMS INC has Mired the requirements in accordance with the Caws of the State of Texas for Registration 9um6er: CR0000065 Issue Date: of/x2/2o12 Epiration Date: o3/31/2o15 UST CONTRACTOR MU Executive Dir Texas Commission on Eanviromnental Quality llu1Iu11I11ItliuIlIIIII1111Ii11llu111n(I1Iuuu1111111n11t1ilI11u111i111(»11it1liw1lu111111111Illltlifi_iuu[1111111WutllIIIIIIrIlllIIIIIIIIIIIII dna MOOR N om AEON NEM .0111 1111.11 amlal IOW IM▪ O MOM mir o ▪ n▪ o ••••I Maw N NW min N OM w an moo omml NNW MEM TEXAS COMMISSION ON ENVIRONMENTAL DUALITY Be it known that SEMS INC has fulfil -fed the requirements in accordance with the Caws of the State of Texas for LPST CORRECTIVE ACTION SPECIALIST mow Registration Nuin6er: RGASoo486 Issue Date: 12/09/20io Expiration Date: 02/16/2oi4 Executive Direr Texas Commission on EnvironrnentalQurSty '11(UllllliflRiili[lliil�ifl[1111[111(illllil(I(1111[11(illlllllllllllllllllllill(IIrJIIIl[II►y1111 11111r1�IlillilY liylif1111i11Yt1111i111111t1IlirCrill Texas Board of Professional Engineers CER1'll+'1CATF. PE - REGISTRATION 'This acknowledges, that has fulfilled the.requirements: ofthe.-leras:Board of Professional Engineers to offer and perfor'in:engii Bering services in the state of Texas. Registratioialumber Expiration Date F-3131 • " 1 /31 /2014 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PO BOX 13087 MC-178 + AUSTIN TEXAS 78711-3087 Pursuant to authorization from the Executive Director of the Texas Commission on Environmental Quality, the Manager of the Operator • nsing Section of the Permitting and Registration Support Division has Issued the enclosed UST ON -SITE SUPERVISOR certificate a,id pocket card. TEST SCORE: N/A CONTACT INFORMATION UNDERGROUND STORAGE TANK LICENSING (512)239-6719 For procedures to renew this license, or for general information about licensing visit: www.tcec .texas.ciov/iicensina Pursuant to 30 TAG 30.24(k), you are required to notify the TCEQ of any contact information changes within 10 days of the date the change occurs. V,t!V V.�i►VllVVV ►< '!.V.!:V:` _'- RECEIPT OF PAYMENT Fee Type: RENEWAL APPLICATION Date Fee Paid: 04/26/2012 Amount Paid: $ 111.00 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Class B BRIAN H SULLIVAN Is hereby licensed as an UST ON -SITE SUPERVISOR License Number US0001062 SIGNATURE Expires 05/31/2015 6XCCUTIVE DIRECTOR TCEQ VIPP forth oca3 (09.07.06) TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it known that BRIAN H SULLIVAN has f f fffdl the re uirttrtents `in accord-unee with the laws ofthe State of Texas for CLASS B UST ON -SITE SUPERVISOR License j\almber: US000i 062 Issue Date: 04/27/2012 - r iration •Date: 05/31/2015 • de' �-� Executive Director Texas Commission on Environmental QFcal ty . . .. .1.. .A. . •b. iJ., ,.4 .L, .,L. .�L` 7L. V. b. � � 7,,,I , 'o..L I ....7,� 0• 5-4 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ''rofessionat Engineer LfPS'T Corrective Action Project Manager. Certificate of 24gistration (NON -TRANSFERABLE) MA has fulfitkd ail the necessary requirements and is hereby registered as an MST Corrective Action Project Manager with the Tees Natura(Qesource Conservation Commission and may engage in.�U.PSTcorrective action services within the State of Texas pursuant totl"e 30; Texas Administrative Code, Chapter334, Subchapter J. % s certificate is valid until" revoked in accordance with provisions made by the Professional" Engineers Board or Commission action. .Wegistration No: Date of Issuance: CAPM0.1461 Jury 30, 1999 5?"111-7 ‘ecutive Director TNRCC BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of 1 TEXAS SECRETARY of STATE UCC 6055 PROCESSING UNIT UCC ( Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase ( Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 800060554 Entity Type: Foreign For -Profit Corporation Original Date of Filing: March 1, 2002 Entity Status: In existence Formation Date: N/A Tax ID: 17212241859 FEIN: 721224185 Name: SEMS, Inc. Address: 11628 S CHOCTAW DRIVE BATON ROUGE, LA 70815 USA Fictitious Name: N/A Jurisdiction: LA, USA Foreign Formation Date: October 30, 1992 ( REGISTERED ASSOCIATED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Name National Registered Agents, Inc. - Address Inactive Date 350 N. St. Paul Street, Suite 2900 Dallas, TX 75201-4234 USA Initiate Change Filing I I Return to Search I Instructions: To place an order for additional information about a filing press the 'Order' button. BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of 1 TEXAS SECRETARY of STATE UCC 6055 PROCESSING UNIT UCC I Business Oraanizations I Trademarks j Notary I Account I Helq/Fees ( Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: Original Date of Filing: Formation Date: Tax ID: Name: Address: Fictitious Name: Jurisdiction: Foreign Formation Date: REZSJ ED Last Update May 28, 2009 May 28, 2009 May 28, 2009 May 28, 2009 May 28, 2009 800060554 March 1, 2002 N/A 17212241859 Entity Type: Entity Status: FEIN: SEMS, Inc. 11628 S CHOCTAW DRIVE BATON ROUGE, LA 70815 USA N/A LA, USA October 30, 1992 FILING HISTORY NAMES Name Title RICHARD W LEE DIRECTOR RICHARD W LEE MARK L MORGAN MARK L MORGAN TODD BROWNING I Initiate Change Filing 1 Foreign For -Profit Corporation In existence 721224185 IED MANAGEMENT ASSUMED NAMES ASE OI I1ES SECRETARY DIRECTOR PRESIDENT Address 919 WESTBROOK DR BATON ROUGE, LA 70815 USA 919 WESTBROOK DR BATON ROUGE, LA 70815 USA 5016 WOODLAKE DR BATON ROUGE, LA 70817 USA 5016 WOODLAKE DR BATON ROUGE, LA 70817 USA DIRECTOR 16281 ALPHONSE FORBES RD GREENWELL SPRINGS, LA 70739 USA Empriar-r—k-x—k_ Return to Search Instructions: c4); To place an order for additional information about a filing press the 'Order' button. STAFF MATRIX Program Manager: Mark L. Morgan, P.E-President Project Manager: Brian H. Sullivan, P.E. Site Supervisors: Dave Groscost Ovide DeSoto Tony Fontenot Note: SEMS personnel will perform all work. MBE goals will be met with truck/transportation subcontractor. 1 Mark L. Morgan, P.E. Professional Qualifications Mr. Morgan is responsible for execution of all activities of SEMS, Inc. He has proven to be a successful manager of large projects as well as motivating large groups of professionals and non- professionals to execute daily operations to meet company driven objectives. He has managed projects involving assessment, design and construction of waste management facilities, including the comprehensive permitting process required for all kinds of waste containment and treatment facilities. He has been recognized as an expert in court cases involving envirgnmental contamination and remediation including drinking water impact. Education B.S., Civil Engineering, Louisiana State University, Baton Rouge, Louisiana; 1978 Registration/Certification • Professional Engineer: Louisiana, Mississippi, Arkansas, Florida, South Carolina, Alabama, Tennessee, and Texas • Licensed Contractor: Arkansas, Louisiana, Mississippi, Alabama, and Tennessee • Licensed Water Well Driller: Louisiana, Mississippi UST Closure Certified: Louisiana Experience and Background 1992- President, SEMS, Inc., Baton Rouge, Louisiana. Pres. Mr. Morgan is responsible for overseeing all company designated programs. The business specializes in Assessments, Risk Analysis, Plans, Corrective Action programs, Groundwater Monitoring and general Environmental Consulting. With SEMS managing RCRA, CERLA and TOSCA facilities, his experience with all aspects of projects related to Superfund, Brownfields, UST's, NPDES, OPA, and RCRA facilities extend well beyond 20 years. • Program Manager for implementation of all Post -Closure requirements including on- going Groundwater Remedial efforts, Interim Status impoundment closure, Monitoring and RFI/CMS at a significant Chemical Complex. RFI required three dimensional fate and transport modeling of six (6) groundwater units. • Oversaw Remedial Action at over 50 NPL sites throughout the Southeast • Quality Assurance/Quality Control and Construction oversight during construction of Subtitle C facilities in the Southeast. • Stormwater Pollution Prevention Plans for major transportation related industries; including Corrective Action plans to bring the facility in compliance. • Wastewater Treatment design at numerous facilities where processes are not necessarily permitted except by NPDES. Mark L. Morgan, P. E. 2 Since participating in the development of 40 CFR parts 280 and 281, he has been involved with the development of Corrective Action technologies that are common practices today. 1992 Eastern Division Manager - Groundwater Field Services, IT Corporation. Mr. Morgan was responsible for the operations and management of twelve regional offices in the eastern United States that performed assessment, groundwater monitoring, design, installation, and operation and maintenance of groundwater corrective action projects and systems. The offices included: Shrewsbury, Mass.; Bellmawr, N.J.; Bridgeport, Conn.; Pittsburgh, PA. South Charleston, West Va.; Farmington Hills, Mich.; Columbia, S.C.; Montgomery, Ala.; Austin, TX.; Houston, TX.; Baton Rouge, La.; and Knoxville, Tenn. The services included drilling as well as comprehensive groundwater management from initial assessment/discovery of a release through closure. 1988 Regional Manager, Construction and Remediation Services Group, IT Corporation. 1992 Mr. Morgan was responsible for the management including Profit and Loss Responsibility of the southern offices for IT Corporation in the Construction and Remediation Services Division. His strong engineering background and understanding of RCRA and CERCLA compliance issues allowed for innovative solutions to many specific remediation needs. He has been successful in initiating several branch offices and upgrading them into client responsive offices as well as manager for very large projects such as: 1986 Senior Project Engineer, Engineering Projects Group, IT Corporation, Baton Rouge, 1988 Louisiana. Mr. Morgan was the Senior Design and Project Manager in the Baton Rouge office. Mr. Morgan managed all significant projects. He had a staff of five engineers and three QA/QC specialists and four draftsmen. Project sizes ranged from small assessments up to eight million dollar RFI/CMS projects. • Project Manager for a RFI/CMS that involved the installation of eight hundred monitor/recovery wells, wastewater treatment, closure feasibility and execution and hazardous waste landfill design. Complete detailed transport and fate modeling of the Sparta sands below the facility. • Design of landfills and closure of non-compliance units to upgrade the facilities to meet current technology requirements; including interim status closure plans for approximately 40 units. • Manager of property transfer assessment for over 300 locations for a major oil company, and technical advisor for another property transfer assessment of 130 sites for another company. • Project Manager for the Remedial Investigation/Feasibility Study and Remedial design of the Old Inger Superfund Site in Louisiana as well as review of technical aspects of other plans prepared for remedial action at other superfund sites utilizing Corps of Engineers specifications. Mark L. Morgan, P. E. 3 • Tank Inspections and calculations to certify integrity for at least 40 tanks and certification of a large hazardous wastewater treatment plant and hazardous waste tanks for structural and compatibility requirements. 1983 Manager of Projects, Pearce and LeBlanc Constructors and Engineers, Baton Rouge, 1986 Louisiana. Responsible for keeping abreast of all construction and engineering/design including environmental permitting issues related to construction. • Design, permitting, and construction of landfarm for disposal of solid waste sludge from city sewerage treatment plants. Permit included: hauling, operation, disposal, monitoring, testing and closing the facility. • Design, permitting and field construction management for solidification process for cleaning a sludge lagoon and disposal at a permitted landfill. • Management of the installation of liners at the Cecos Hazardous Waste Disposal Facility in Livingston, Louisiana. The project included many difficult excavation/dewatering procedures 25 feet below the groundwater table including both Wellpoint and Slurry Wall installations. 1981- Manager of Operations, GDC, Inc., Baton Rouge, Louisiana. 1983 Responsible for all field and laboratory personnel, data acquisition, sample collection and engineering design: • Preliminary field, laboratory analysis and recommendations for management of waste at national priority list sites including: DeQuincy, Basile, Tate Cove, Bayou Sorrel, Old Inger and other hazardous waste sites. • Permitting Colonial landfill as an Industrial solid waste landfill. Included all phases of site assessment investigation through operation. • Property assessment of 33 separate solid waste landfills for closing or permitting for continued operation. 1978 - Project Engineer, Servitron Inc., Baton Rouge, Louisiana. 1980 Project engineer for many different civil engineering projects including structural, hydrology, hydraulic, geotechnical and water and sewerage distribution projects. • Bench scale laboratory control for in situ closure of oily sludge at the Exxon Silt Pond, Baton Rouge, La. • Installation of the first "RCRA" monitoring wells in Louisiana for Department of Health and Hospitals, Department of Natural Resources and later the Department of Environmental Quality. Mark L. Morgan, P. E. 4 Professional Affiliations (Past and Present) • American Society of Civil Engineers • Louisiana Engineering Society • State of Louisiana Engineers Selection Board • American Consulting Engineers Council (President Baton Rouge Chapter) • City of Baton Rouge Engineer's Selection Board • Southeast Louisiana Flood Protection Authority- West • Coastal Protection and Restoration Authority Brian H. Sullivan, P. E. Professional Qualifications Mr. Sullivan has more than fifteen (15) years experience in civil engineering, environmental engineering, remediation, and construction projects. He is a licensed professional civil engineer in the states of Louisiana and Georgia. He has significant experience with Louisiana and Georgia state environmental contracts including the Louisiana Motor Fuels Trust Fund UST Program and the Georgia Environmental Protection Divisions GUST program. Mr. Sullivan has directed work entailing subsurface investigations, groundwater monitoring, groundwater remediation system installation, corrective action plan development, underground storage tank (UST) removal and installation, aboveground storage tank (AST) removal and installation, site investigations, Louisiana RECAP evaluations, hazardous and non -hazardous waste soil removal, mechanical and civil construction. Mr. Sullivan has performed small and large multi -disciplined projects in multiple states including Louisiana, Mississippi, Texas, Georgia, Alabama, Texas, Arkansas, Oklahoma, California, Washington, Michigan, Illinois, Florida, Tennessee, Michigan, Minnesota, and Wisconsin. Mr. Sullivan is currently a Branch Manager for the SEMS New Orleans Office. He is responsible for managing and directing various environmental engineering and remediation projects. Mr. Sullivan also continues to perform the investigation of potentially contaminated sites, remediation of environmental projects, and environmental risk evaluation and risk standard development for a. number of our clients. His duties have included the management of field activities, development of sampling and analysis plans, scheduling and supervision of subcontractors, management of SEMS self -performed remediation projects, preparation of reports and proposals, cost control, and client interaction. Education z,cation B. S., Civil Engineering, Louisiana State University, 1995 Registration/Certifications/Training • Registered Professional Civil Engineer, State of Louisiana, 2000, Registration Number 29090 • Registered Professional Civil Engineer, State of Georgia, Registration Number PE032156 • Install, Repair and Closure of UST's, State of Louisiana, IRC Number 0629 • Response Manager Certification, 1997, USEPA, emergency Response Rapid Removal Contract, New Orleans, Louisiana • Troxler Nuclear Density Gauge Certified, 1995 • Registered Professional Civil Engineer, National Council of Examiners for Engineering and Surveying (NCEES), Registration Number 21652 Transportation and Railcar emergency Response Training, 1998, Emergency Response Training Center, Pueblo, Colorado • Forty Hour Hazwoper Trained, 1995 • Platoon Leader Development Course (PLDC), United States Army, Fort Hood, Kileen, Texas Brian H. Sullivan, P. E. 2 Experience and Background 1999 - Branch Manager, Senior Project Manager/Engineer, SEMS, Inc., Metairie and Baton Rouge, Louisiana. Pres. Mr. Sullivan is responsible for operation and management of personnel and projects as well as self performing environmental engineering and remediation projects. His activities include, but are not limited to, design and implementation of sampling and analysis plans, work plan development, data evaluation, cost estimates, field activities, and report preparation. Mr. Sullivan's project experience has included the following: • Preparation of multiple Spill Prevention Control and Countermeasure Plans (SPCCs). • Prepared Georgia GUST Corrective Action Plans for petroleum contaminated sites. • Prepared Georgia GUST soil and groundwater sampling programs and professional review of site investigations. • Prepared Alabama ARBCA risk evaluations for UST petroleum contaminated site. • Developed a global industry standard tank testing program for a petroleum related services company. • Performed over 40 UST Compliance Evaluation Inspections for the LDEQ. • Certifying Engineer for waste rej ection and removal activities at WMI Landfills. • Federal Aviation Administration aboveground storage tank and generator inspections. Preparation of Phase I, II, and III site assessments. • Design, removal, and installation of underground storage tank systems. • Design, removal, and installation of aboveground storage tank systems. • Subsurface investigations, including installation of soil borings and monitoring wells at various sites and groundwater monitoring. • Preparation and implementation of Corrective Action Plans (CAP) for site's contaminated with chlorinated hydrocarbons. • Installation operation, and maintenance of soil/groundwater remedial treatment systems for hazardous waste sites and UST sites . • Preparation of Louisiana RECAP Evaluations for contaminated sites in Louisiana, including Appendix K and Management Option - 2 Submittals. • Preparation and implementation of Corrective Action Plans for numerous sites contaminated with petroleum hydrocarbons. Project Manager for soil and groundwater sampling activities for several petroleum related industries located in the southeast. Duties have included sampling, report preparation, statistical analysis of data, and data reduction. • Preparation of over a dozen (12) Stormwater Pollution Prevention Plan (SWPPP) industrial clients including transportation, vehicle maintenance, machining and industrial equipment repair facilities. • Preparation of sampling and analysis plans for soil and groundwater investigation and monitoring projects. • Preparation of site investigation reports for contaminated sites. • Installation of soil borings and monitor wells at various facilities. Brian H. Sullivan, P. E. 3 1997- Project/Response Manager, CET Environmental Services, Inc., New Orleans, 1999 - Louisiana. Mr. Sullivan served as a project manager on commercial and federal remedial projects, emergency oil spill/hazardous material response and as a response manager on federal remedial projects (Regions 6, 9, and 10 under the U.S. EPA ERRS contract). Mr. Sullivan achieved the only perfect 100 score on his Project Evaluation Report from the USEPA; the highest score at CET and the highest score in the history of the contract. His commercial project management duties included completion of project setup and initiation forms, preparation of construction schedules, directing project administrative and field personnel, material and equipment procurement, establishing project budgets, tracking projects costs, and subcontractor management. Mr. Sullivan was also responsible for bid/proposal estimation and preparation. Mr. Sullivan's project experience has included the following: • Project Manager for over 30 hazardous material and oil spill emergency responses. • Project Manager/UST Certified worker for underground storage tank closure projects. • Project Manager/UST certified installer for underground storage tank installation projects. Transportation and disposal coordinator for drummed non -hazardous and hazardous waste, bulk hazardous soil, UST wastes, and oil field wastes. • Response Manager for large removal projects including pentachlorophenol and lead contaminated soils (USEPA Regions 6 and 10). • Project Manager for removal and installation of 17 above ground storage tanks at the Naval Air Station in Belle Chasse, Louisiana. • Response Manager for bridge demolition, temporary creek bypass construction, and new precast concrete slab bridge construction for Iron Mountain Superfund site, Redding California (USEPA Region 9). • Project Manager for CET Environmental during the NRC cleanup of the 1998 BP Oil 300,000 gallon oil spill near Port Fouchon/Venice, Louisiana. 1999 - Staff Engineer, RUST Environment and Infrastructure, Baton Rouge, Louisiana. 1997 Mr. Sullivan was responsible for the completion of various solid waste engineering design and solid waste CQA construction projects to facilitate the solid waste permitting process for clients. His duties included engineering calculations, drawings, landfill cell CQA, and CQA documentation report writing. Mr. Sullivan's project experience has included the following. • CQA of over 15 different sites and 150 acres of solid waste landfill cells, landfill caps and oxidation ponds throughout Louisiana, Mississippi, Arkansas, Oklahoma and Texas. Installation including over 500,000 cubic yards of low permeable recompacted clay liner, over 5 million square feet of geosynthetics (HDPE Geomembrane, Geotextile, Geonet, Geosynthetic Clay Liners - GCL), and subsequent leachate collection systems. • CQA of landfill gas extraction system installation for Waste Management Inc., in Oklahoma City, Oklahoma. Brian IL Sullivan, P. E. 4 • Volume and air space calculations preparation. • Solid waste facility design drawings for several Waste Management, Inc. sites. • Preparation of Landfill CQA documentation reports for professional certification and submittal to Arkansas, Mississippi, and Louisiana Department of Environmental Quality. • Preparation of storm water management calculations for various Waste Management, Inc. sites. Preparation of Spill Prevention Control Countermeasure Plans (SPCC Plans). Ovide DeSoto, Jr. (Superintendent) Professional Qualifications Mr. DeSoto is responsible for personnel safety and operations for SEMS contract field service group. Mr. DeSoto possesses extensive experience in complex sludge recovery/dewatering efforts requiring chemical manipulation, and flocculation. His duties have included the scheduling of subcontractors, supervision of subcontractors, implementation of sampling events, and predictive and preventive maintenance coordination for numerous sites. Education False River Academy: 1977 High School Grad College Prep Louisiana Tech University: Major — Mechanical Engineering 1979 (8 Hours) Nashville Auto Diesel College: Auto/Truck Engine & Associated Systems/Component Repair - Completion 1979 Louisiana State University: Major: Industrial Tech 1984 (15 Hours) Registration/Certification OSHA 40 Hour HAZWOPER Training. Hazard Categorization OSHA GRIBRMA Training Experience and Background 2006- Project Manager, SEMS, Inc., Baton Rouge, Louisiana. Pres. As a Project Manager, Mr. Desoto is responsible for the management of environmental remediation, waste management, and construction projects. Mr. Desoto's duties include but are not limited to the management of self -performed and sub -contractor field activities, client interactions, contract management and administration, schedule and budget formation, schedule and budget review and analysis, and OSHA, EPA and State Regulatory compliance. 1999 Project Manager, Clean Harbors Environmental Services, Inc. (Formerly 2003 Safety 2006 Kleen, Laidlaw Environmental, and Rollins Environmental Services), Baton Rouge, Louisiana As a Project Manager, Mr. DeSoto performed duties of site manager, scheduling crews and equipment for environmental remediation and industrial services projects. • Oversaw predictive and preventive maintenance program for equipment fleet. • Coordinated delivery and set up of mobile dewatering process equipment. • Participated in pre job bid walks and assisted estimators in gathering information for bidding on projects. Responsible for screening and interviewing of job applicants. Managed 15 employees in this division S:\P.ESUME\DESOTO, O..DOC rev .OR Oxide Desoto, Jr. 2 1998 Project Supervisor, Gulf South System, 1999 Baton Rouge, Louisiana As a Project Supervisor, Mr. DeSoto Oversaw execution of tank cleaning projects at refineries and chemical plants. • Supervised numerous sludge dewatering and waste minimization projects. Participated in pre -bid job walks and assisted estimators in gathering information for job bids. 1995 Project Coordinator, Lo-Vac Environmental Services, 1998 Lottie, Louisiana As a Project Supervisor, Mr. DeSoto performed job walks, attended pre -bid meetings, cost estimating, development of work plans and project scheduling. • Supervised execution of work plans with additional time devoted to customer development. 1985 Operations Supervisor II, IT Corporation, 1995 Port Allen, Louisiana As an Operations Supervisor, Mr. DeSoto was responsible for the supervision of up to 30 personnel and the coordination of environmental remediation projects. He is responsible for the coordination and overseeing that all regulations and precautions were being followed in the cleanup and transportation of hazardous waste. In all instances staying abreast of all new regulations and being certain that all procedures were being carried out to their fullest extent during site and personnel decontamination activities. • Direct activities involved in volume reduction, demolition and construction. • Cost estimating, subcontractor and vendor selection and qualification. In this position, it was imperative that 1 possessed a thorough knowledge of the program and procedures. Duties were also to establish and maintain compliance with all state regulations and federal mandates as they related to the assigned programs or project areas. • Rose successfully in a major environmental service company that had a record of significant achievement and progressive advancement. • Highly qualified in personnel supervision, training and proper evaluation procedures. S:\RESUME\DESOTO. o..DOC c_nc David Groscost Professional Qualifications Mr. Groscost's background includes over twenty-five years experience in Environmental and Civil Construction at commercial and industrial sites. Mr. Groscost has worked directly for two of the largest hazardous waste disposal and transportation companies in the United States. He has worked extensively in project management, project development, site supervision, and health and safety compliance for a variety of construction and remediation projects. His duties have included, but were not limited to, the management of field activities, scheduling of self -perform work and sub -contractors, project development, approval of waste streams to disposal facilities, transportation of waste, contract negotiations, management and administrative, quantity takeoff and estimating cost control, and client and regulatory interaction. Education • Montana State University, BS Agronomy, 1980 Registration/Certification • OSHA 40 Hour HAZWOPER • OSHA Hazardous Waste Supervisors Trained • Confined Space Entry Supervisor Trained • 20 Hour Confined Space Rescue Trained • Louisiana UST Closure Certification C-0084 • First Aid and CPR • GSHO Experience and Background 2003 Senior Project Manager, SEMS, Inc., Baton Rouge, Louisiana. Pres. As a Senior Project Manager, Mr. Groscost is responsible for the management of environmental remediation, waste management, and construction projects. Mr. Groscost's project activities include, but are not limited to, the management of self - perform and sub -contractor field activities, client interactions, contract management and administration, schedule and budget formation, schedule and budget review and analysis, sub -contractor payment verification and approval, project development, OSHA, EPA and State Regulatory compliance. 1994 Project Manager, Clean Harbors Environmental Services, Inc. (Formerly 2003 Safety 2003 Kleen, Laidlaw Environmental, and Rollins Environmental Services), Baton Rouge, Louisiana As a Project Manager, Mr. Groscost was responsible for project development, project estimating, planning/scheduling, cost control, waste approval, and individual project management functions. Other duties include technical consulting with clients on environmental and industrial construction needs, transportation and disposal of hazardous and non -hazardous waste including the preparation of all waste approval forms, and health and safety aspects of projects. Project management of environmental and construction projects have included the following types of projects, soillsludge David Groscosi 2 stabilization, solids separation, decommissioning of PCB contaminated transformers and capacitors, landfill construction, thermal drying, dewatering utilizing plate and frame presses, centrifuges, and belt presses. 1993 — Project Manager, OHM Corporation, Port Allen, Louisiana 1994 As a Project Manager, Mr. Groscost was responsible for the project management and cost control of environmental and waste treatment projects. Duties included project development, project estimating, planning/scheduling, cost control, waste approval, and individual project management functions. Other duties include technical consulting with clients on environmental and industrial construction needs, transportation and disposal of hazardous and non -hazardous waste including the preparation of all waste approval forms, and health and safety aspects of projects. Projects Include: • Project Management of civil activities on a $28,000,000 project at Citgo Refinery in Lake Charles, LA. Project involved the construction of two miles of access roads with two bridge crossings, four thousand cubic yards of concrete building foundations and equipment slabs, construction of a prefabricated steel building (65 feet by 400 feet), and placement of all temporary facilities. • Project Manager of civil activities on a superfund site located in Sorrento, LA. Project included the construction of site access roads, construction of four foundations to place pre -fabricated buildings, closure of ponds, and the pre - loading of the jobsite before construction and placement of concrete building foundations. 1988 Project Manager, Dames & Moore Engineering, Baton Rouge, Louisiana 1993 As a Project Manager, Mr. Groscost was responsible for the project management and cost control of environmental and waste treatment projects. Duties included project development, project estimating, planning/scheduling, cost control, waste approval, and individual project management functions. Other duties include technical consulting with clients on environmental and industrial construction needs, transportation and disposal of hazardous and non -hazardous waste including the preparation of all waste approval forms, and health and safety aspects of projects. Project types included: • Underground storage tank removals (hazardous & non -hazardous) • PCB contaminated soil excavation and removal associated with natural gas compressor stations. • Pond solidification and encapsulation. • Bio-remediation of phenol contaminated soils, hydrocarbon contaminated soils, and herbicide contaminated soils. David Groscost 3 • Landfill construction and capping projects. • Dewatering of sludge via solids separation technology (filter presses, centrifuges, and belt -presses). • Assist Dames & Moore in remedial investigations of miscellaneous abandoned waste sites. • Civil environmental projects including soil excavations, piping, concrete, and site restorations 1983 District Southern Manager, CECOS International, Livingston, Louisiana 1989 As District Manager Mr. Groscost was responsible for the overall management of field remediation projects, including scheduling, cost control, estimating and managing the Southern office located in Livingston, LA. Project types included: • Pond, pit and lagoon closures by solidification, mechanical dewatering or capping with synthetic liners or clay. • PCB transformer and capacitor decommissioning. • Asbestos abatement and encapsulation. • Abandoned drum sites and landfills. • Contaminated soil excavation, loading, transportation and disposal at approved disposal sites. 1980 Captain Field Artillery, U.S Army 1983 Field Artillery Officer, Fort Sill, OK (June 1980-1982); finished service obligation National Guard in 1986. Anthony (Tony) Fontenot, Sr. Education 1975 Port Barre High School 40 HAZWOPER Training 8 Hour HAZWOPER Supervisor Training TWIC Card Experience and Background 2006 Field Technician, SEMS, Inc., Baton Rouge, Louisiana. Pres. Mr. Fontenot is an environmental specialist, engineering technician, and remediation technician. Mr. Fontenot is currently responsible for performing environmental groundwater and soil sampling, in -situ remediation treatment operation and maintenance, emergency response activities for electric transformer incidents, and remediation of hazardous and non- hazardous wastes. He performs environmental sampling at multiple petroleum and hazardous waste contaminated sites and is experienced in operation and maintenance of all types of groundwater treatment systems. 2006 Self Employed Mr. Fontenot managed a crawfish farm. 2005 Self Employed As a residential home builder Mr. Fontenot was responsible for 2004 J. E. Merit Constructors, Project Manager, Exxon Port Allen Lubricants Plant 2005 As a project manager Mr. Fontenot was responsible for 2004 J. E. Merit Construction, Site Manager, Conoco Refinery, Denver, CO 2003 As a project manager Mr. Fontenot 2003 J. E. Merit Construction, Site Manager, Exxon Baton Rouge Refinery, Chemical, Resin, Polyolefnn, and Plastic 1990 As a project manager Mr. Fontenot 1993 Self Employed 1978 As a farmer Mr. Fontenot owned, operated and maintained a 1500 acre soybean, wheat, and corn farm. Operated equipment and handled the day to day operations including sale of crops. 1977 Sylvin Richard Farm, Inc. 1975 As a farmer Mr. Fontenot, participated in all aspects of the fanning operations, including heavy equipment repair and maintenance. SUBCONTRACTOR MATRIX Waste Disposal Landfills Republic Services Mr. David Thornburg, Account Representative 911 E. Hwy. 121 Business, Suite 201 Lewisville, Texas 75056 www.specialwasteexoerts.com Phone number: 214-505-4714 Itasca Landfill Southeast Landfill Waste Transportation, Backfill Material, and Topsoil Trymor Trucking, Inc. 2695 Villa Creek, Suite 110 Dallas, Texas 75234 City of Fort Worth — listed as MBE Firm Phone number: 972-247-2940 Geotechnical Engineering and Compaction Testing Gorrandona & Associates, Inc. 7524 Jack Newell Boulevard South Fort Worth, Texas 76118 www.i,Ta-inc.net Phone number: 817-496-1424 Note: SEMS employees will perform all site work. Only transportation and geotechnical testing to be performed by others. 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. (give State), our principal place of business, are percent lower than resident bidders by State law. A copy of Non-resident vendors in /A, . (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: SEMS, INC. (SOUTHERN ENVIRONMENTAL MANAGEMENT AND SPECIALTIES, INC.) 11628 SOUTH CHOCTAW DRIVE BATON ROUGE. LOUSIANA 70815 (225) 924-2002 1, •,,,,Af //OA, P ease Print) Signature Title (Please Print) ACC o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 9/6/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 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(s). PRODUCER CONTACT NAME:William MCKnlnht Wright& PercyIns - Baton Rouge PHONE rm. Noo:225-336-4536 g(MC No. EYt):225-336-3200 A Division of BancorpSouth Insurance Services to XILss:william.mckniaht(ry�bxsi.com P 0 Box 3809 Baton Rouge LA 70821-3809 INSURER(S1 AFFORDING COVERAGE NAIC # 28053 19879 24147 22350 42376 INSURED SEMS Inc. 11628 South Choctaw Drive Baton Rouge LA 70809- SEMS000-01 INSURER A :Rockhill Insurance Company INSURER B :Security National Insurance Company I INSURERC:Old Republic Insurance Co. INSURER D :Louisiana Work Comp Corporation INSURER E :Technology Insurance Company. Inc. IINSURER F : COVERAGES CERTIFICATE NUMBER: 2037628159 REVISION NUMBER: 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 DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR ADDL'SUBR POLICY EFF POLICY EXP IN TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYYI (MM/DD/YYYY1 LIMITS A GENERAL LIABILITY RPKGE00074304 10/15/2012 10/15/2013 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: —I POLICY I IJFCOT - I ILOC B AUTOMOBILE LIABILITY A C D E X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS X UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE DED X RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Workers Compensation 76926 Commercial Auto TPP1013666 SPP1009889 YIN N/A RUME00015004 MWC11636403 10/15/2012 10/15/2013 10/15/2012 10/15/2013 10/15/2012 10/15/2013 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE $1,000,000 $50,000 $5,000 $1,000,000 $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 COMBINED SINGLE LIMIT (Ea accident) $1.000,000 I BODILY INJURY (Per person) $ I BODILY INJURY (Per accident) $ IPROPERTY DAMAGE (Per accident) Equipment Rent/Lease EACH OCCURRENCE AGGREGATE X WC STATU- IT TORY LIMS I E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 $500,000 $5,000,000 OTH- ER $1,000,000 10/15/2012 10/15/2013 per acc./per emp/agg 1 m/1 m/1 m 10/15/2012 10/15/2013 owned autos 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Subject to policy terms conditions and exclusions; certificate holder shall be considered an additional insured on the General Liability, Professional Liability, Contractors Pollution, Auto Liability and Excess Liability policies, with a Waiver of Subrogation in their favor on the General Liability, Contractors Pollution, Auto Liability when required by written contract. Workers Compensation- LWCC Policy #79726 Blanket Waiver of Subrogation when required by written contract See Attached... CERTIFICATE HOLDER City of Fort Worth 1000 Throckmorton Fort Worth TX 76102 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: September 4, 2013 NAME OF PROJECT: Removal of Underground Storage Tank PROJECT NUMBER: ENV 13:07 : UST REMOVAL CONTRACTOR: SEMS, Inc. (Southern Environmental Management and Specialties, Inc.) Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. 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 Public Works - Environmental Management Division; Underground Storage Tank Removal; Project ENV-13-07 : Underground Storage Tank Removal CONTRACTOR SEMS, Inc. (Southern Environmental Management Specialties, Inc.) By.4 Title STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared /140OS-rc-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 for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this (v day of Ativr, 20 / 3 . Notary Public in and for the State of Texas LAURIE PENO NOTARY PUBLIC #59943 STA fE OF LOUISIANA