HomeMy WebLinkAboutContract 60365CSC No. 60365
FORT WORTH.)
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SMALL-SCALE SOIL REMEDIATION SERVICES AGREEMENT
This SMALL-SCALE SOIL REMEDIATION SERVICES AGREEMENT ("Agreement") is
made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation, acting by and through its duly authorized Assistant City Manager, and EAGLE
REMEDIATION AND DEMOLITION SERVICES, LLC ("Contractor"), a Texas limited liability
company, acting by and through its duly authorized representative, each individually referred to as a "party"
and collectively referred to as the "parties."
Definitions.
Task Order means an officially authorized and executed written description and specification issued
by the City directing the Contractor to perform specific services within the scope of this Agreement.
1. 5Sape of Services. Services under this Agreement include labor, materials and equipment
necessary to provide small-scale soil remediation services ("Services") as set forth in more detail in Exhibit
"A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on October 16, 2023 ("Effective Date") and expires on
October 15, 2024 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial
Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to four (4) one-year renewal options (each a "Renewal Term").
3. Compensation. City will pay Contractor in accordance with the provisions of this
Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed One Hundred Thousand Dollars and 00/100
($100,000.00). Contractor will not perform any additional services or bill for expenses incurred for City
not specified by this Agreement unless City requests and approves in writing the additional costs for such
services. Individual projects will be authorized on a case -by -case basis when the City or City -approved
environmental contractor elects to proceed with each specific effort by submitting samples and associated
Chain of Custody documentation. City shall not pay for any work performed by Contractor or its
contractors, subcontractors, or suppliers that has not been specifically ordered by the City in writing on a
duly executed Task Order. Contractor shall not be compensated for any work that is verbally ordered by
any person and shall rely only upon written Task Orders. City will not be liable for any additional expenses
of Contractor not specified by this Agreement unless City first approves such expenses in writing.
THERE IS NO MINIMUM GUARANTEE OF ANY WORK UNDER THIS AGREEMENT.
4. Invoice and Payment. City will issue a Task Order to Contractor that details the work to
be performed by the Contractor. The Contractor shall provide monthly invoices to the City. All invoices
must reflect the Task Order number. Invoices shall contain a detailed breakdown including: labor,
including employee name, functional title, date and hours of work performed; internal supplies and services
provided; and external supplies and services provided. Payment for services rendered shall be due within
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FT. WORTH, TX
thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of
Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion
so contested may be withheld from payment, and the undisputed portion will be paid. No interest will
accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in
contesting any billing or portion thereof. The Contractor shall also provide the City with quarterly updates
showing the total and itemized costs incurred to the City for each task ordered and the amount remaining
in the contract not -to -exceed amount. Contractor shall receive no additional compensation for work delays
or hindrances except when direct and unavoidable extra costs to the Contractor are caused by the City's
gross negligence.
5. Termination.
5.1. Written Notice. City may terminate this Agreement at any time and for any reason
by providing the Contractor with written notice of termination. Contractor may terminate this
Agreement at any time for any reason by providing the City with thirty (30) days' written notice of
termination.
5.2 Non-a_nnronriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
5.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up
to the effective date of termination and Contractor will continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Contractor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event
Contractor has received access to City Information or data as a requirement to perform services
hereunder, Contractor will return all City provided data to City in a machine-readable format or
other format deemed acceptable to City.
6. Disclosure of Conflicts and Confidential information.
6.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Contractor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to
City in writing.
6.2 Confidential Information. Contractor, for itself and its officers, agents and
employees, agrees that it will treat all information provided to it by City ("City Information") as
confidential and will not disclose any such information to a third party without the prior written
approval of City.
6.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons
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objecting to disclosure. A determination on whether such reasons are sufficient will not be decided
by City, but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
6.4 Unauthorized Access. Contractor must store and maintain City Information in a
secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt
City Information in any way. Contractor must notify City immediately if the security or integrity
of any City Information has been compromised or is believed to have been compromised, in which
event, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City
in identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
7. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during the said
three years, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Contractor involving
transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have
access during normal working hours to all necessary Contractor facilities and will be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this section.
City will give Contractor reasonable advance notice of intended audits.
8. Reserved.
9. indenendent Contractor. It is expressly understood and agreed that Contractor will
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of
respondeat superior will not apply as between City, its officers, agents, servants and employees, and
Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further
agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City
and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint
employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither
Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will
be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees,
contractors, or contractors.
10. Liability and Indemnification.
10.1 LIABILITY- CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
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CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
OR SUBCONTRACTORS.
10.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPER TYDAMA GE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
10.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Contractor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Contractor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Contractor will fully participate and
cooperate with City in defense of such claim or action. City agrees to give Contractor timely
written notice of any such claim or action, with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
will not eliminate Contractor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Contractor will, at its own expense and as City's sole remedy, either: (a) procure
for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
10.4 ENVIRONMENTAL INDEMNIFICATIONN, CONTRACTOR AGREES TO
INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANYAND ALL: (A) ENVIRONMENTAL
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DAMAGES, AS DEFINED HEREIN, THAT ARE RELATED TO ANY ENVIRONMENTAL
REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR
LIABILITIES (INCLUDING STRICT LIABILITY) BY ANY PERSONS, AND (B) VIOLATIONS,
ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL
REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR
LIABILITIES (INCLUDING STRICT LIABILITY) BYANY PERSONS.
10.5 Definitions. The following words and phrases in this Section 10 shall be defined
as follows:
"Environmental Damages" shall mean all damages, losses, diminished values, claims, judgments,
penalties, fines, liabilities, encumbrances, liens, costs, expenses of investigation, and the defense of any
claim, whether or not such claim is ultimately defeated, results in a judgment or order of any kind, or
is resolved by any good faith settlement, and of whatever kind or nature, direct or indirect, tangible or
intangible, compensatory, exemplary, or punitive, economic or non -economic, contingent or otherwise,
matured or unmatured, foreseeable or unforeseeable, to the City and any third parties, including without
limitation reasonable attorney and consultant fees, any of the foregoing which are incurred as a result
the Contractor's work, or due to negligence, or arising from a violation of any Environmental
Requirements, or arising from strict liability, or an intentional tort, and whether any of the foregoing
are attributable to the Contractor, a subcontractor, a vendor, employee, agent, successor, or assignee
and including by way of example but not limited to:
Damages for personal injury or death, pain and suffering, mental or emotional distress, injury to
property of any kind or to natural resources, environmental contamination, or the loss of use or value
of property;
Fees incurred for the services of attorneys, consultants, engineers, contractors, experts, laboratories,
and investigators related to any studies, cleanup, remediation, removal, response, abatement,
containment, closure, restoration, monitoring work, civil or criminal defense, or the recovery of any
other costs;
Liability, claims, or judgments to any third persons or governmental agencies in connection with the
items referenced herein; and
Fines, penalties, costs, agreed orders, or settlements to any federal, state, or local government for
violations of environmental laws, permits, standards, or regulations.
"Environmental Requirements" shall mean the allowable or permissible levels, concentrations, or
amounts of materials; all applicable present and future statutes, regulations, rules, permits, plans, or
authorizations of all governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions thereof; and all applicable
judicial, administrative, and regulatory decrees, judgments, and orders; and all common law causes of
action; all of the above relating to the protection of human health or the environment and being inclusive
of, but not limited to:
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All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting,
facilities, sites, operations, emissions, discharges, releases, or threatened releases of wastes, substances,
materials, pollutants, contaminants, hazardous wastes, petroleum products, toxic substances, materials,
or other any other regulated or harmful substances whether solid, liquid, or gaseous into the air, surface
water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of elements, compounds, materials, substances,
pollutants, contaminants, or hazardous or toxic materials, substances, or wastes, whether solid, liquid,
or gaseous in nature;
All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting,
facilities, sites, operations, emissions, discharges, releases, or threatened releases of radioactive
materials or radiation or electromagnetic fields;
All requirements pertaining to the protection of the environment, natural resources, the health and safety
of employees or the public;
Citizen suits authorized by any federal or state law; and
All common law causes of action related to health, safety, natural resources, and the environment.
11. Assignment and Subcontracting.
11.1 Assignment. Contractor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Contractor under which
the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement.
Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective
date of the assignment.
11.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Contractor referencing this Agreement under which subcontractor agrees
to be bound by the duties and obligations of Contractor under this Agreement as such duties and
obligations may apply. Contractor must provide City with a fully executed copy of any such
subcontract.
12. Insurance. Contractor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
12.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
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Coverage will be on any vehicle used by Contractor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Environmental Impairment Liability ("EIL") and Pollution Liability:
$4,000,000 - Each Claim Limit
$4,000,000 - Aggregate Limit
EEL coverage must be included in policies listed in subsection (a) above; or, such
insurance shall be provided under separate policies. Liability for damage occurring
while loading, unloading and transporting materials collected under the Agreement
shall be included under the Automobile Liability insurance or other policies.
ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL
IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND
OPERATIONS PERFORMED UNDER THIS AGREEMENT SHALL BE
COVERED; IN ADDITION TO SUDDEN AND ACCIDENTAL
CONTAMINATION OR POLLUTION, LIABILITY FOR GRADUAL
RELEASES, SPILLS, OR EMISSIONS AND ALL CLEAN-UP COSTS SHALL
BE COVERED.
(e) Professional Liability (Errors & Omissions): ❑ Applicable ❑ N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
(f) Asbestos Abatement Liability — not applicable
$2,000,000 - Each Occurrence with No Sunset Clause
12.2 General Requirements
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(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Contractor has obtained all
required insurance will be delivered to the City prior to Contractor proceeding with
any work pursuant to this Agreement.
13. Compliance with Laws. Ordinances. Rules and Regulations. Contractor agrees that in
the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately
desist from and correct the violation.
14. Licenses and Permits. Contractor certifies and warrants that on the day any work is to
commence under this Agreement and during the duration of the Agreement it shall have and maintain all
of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision
of services under this Agreement. Contractor also certifies that if it uses any subcontractor in the
performance of this Agreement, that such subcontractor shall have and maintain all of the current, valid,
and appropriate federal, state, and local licenses and permits necessary for the provision of services under
this Agreement.
15. Non -Discrimination Covenant. Contractor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees
that in the performance of Contractor's duties and obligations hereunder, it will not discriminate in the
treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY
CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION
COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR
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AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
16. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, or (2) received by the other party by United States Mail, registered,
return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Nixalis Benitez, Acting Environmental
Manager
Environmental Services Department
200 Texas Street
Fort Worth, TX 76102-6314
With copy to Fort Worth City Attorney's Office at
same address
To CONTRACTOR:
Eagle Remediation and Demolition Services, LLC
Attn: Mark Anderson
P.O. Box 70
3131 E. Hwy 199
Springtown, TX 76082
17. Solicitation of Emglovees. Neither City nor Contractor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
18. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
19. No Waiver. The failure of City or Contractor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's
or Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
20. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
21. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
22. ]Eprce MAC . City and Contractor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force maj eure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
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enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
23. Hea Q�, not Contr . Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
24. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A and B.
25. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
26. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
27. Warranty of ServicU. Contractor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's
option, Contractor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming
services.
28. Immigration Nationalitv Act:. Contractor must verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City with copies of all
1-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Contractor employee who is not legally eligible
to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to
immediately terminate this Agreement for violations of this provision by Contractor.
29. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
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will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest
in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade
secret, and all other proprietary rights therein, that City may have or obtain, without further consideration,
free from any claim, lien for balance due, or rights of retention thereto on the part of City.
30. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Contractor.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement
or any amendment hereto.
31. Change in Comfy Name or Ownership. Contractor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Contractor or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copy of the
board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
32. No Bovcott of Israel. If Contractor has fewer than 10 employees or this Agreement
is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas
Government Code. By signing this Agreement, Contractor certifies that Contractor's signature
provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
33. Prohibition on Boveottin¢ Ener¢v Comnanies. Contractor acknowledges that in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10
or more full-time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
34. Prohibition on Discrimination Against Firearm gnd Ammunition Industries.
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
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Eagle Remediation and Demolition Services, LLC 11 of 19
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees unless the contract contains
a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms "discriminate,"
"firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274
of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and (2) will not discriminate against a firearm entity or firearm trade association during
the term of this Agreement.
35. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
36. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Contractor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
37. Default. If Contractor fails to begin work or to complete work within the time specified
in a Task Order, City shall have the right to take charge of and complete the work in such a manner as it
deems appropriate. If the City exceeds the costs detailed herein or in the Task Order, City may deliver to
Contractor a written itemized statement of the excess costs and Contractor shall reimburse the City for such
excess costs without delay. If at any time during the terms of this Agreement, the work of the Contractor
fails to meet the specifications of this Agreement or to meet the standards of duty, care, or proficiency of a
reasonable and competent Contractor, City may notify the Contractor of the deficiency in writing. Failure
of the Contractor to correct such deficiency and complete the work required under this Agreement or a Task
Order to the satisfaction of the City within ten (10) days after written notice shall constitute default, and
shall result in termination of this Agreement. Contractor shall not be deemed to be in default because of
any failure to perform under this contract if the failure arises solely from causes beyond the control of the
Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God,
acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes,
and events of unusually severe weather.
[signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
I jAk —
Byyalerie Washington (Oct 25, 2023 16:38 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Datepctober 25, .2023
APPROVAL RECOMMENDED:
By:l -
Name: Nixalis Benitez
Title: Acting Environmental Program Manager
ATTEST: aq,
>'A �FGRT`-Odad
°~s Ad
OVA ^=P
/� �P ad4pdTEXPso'Oo
By.
Name: Jannette S. Goodall
Title: City Secretary
CONTRACTOR:
Eagle Remediation and Demolition Services, LLC
By: 7e4a
Name: Mark Anderson
Title: President
Date:
.2023
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By4 1`3'1a�
Name: Roger Grantham
Title: Environmental Supervisor
APPROVED AS TO FORM AND LEGALITY:
Name: Matthew A. Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT "A"
SCOPE OF SERVICES
Scope of services for small-scale soil remediation projects, on an as -needed basis, may include the
following:
Soil Remediation Services including but not limited to:
■ Excavation of petroleum -impacted soils at City facilities;
■ In -Situ treatment for subsurface impacted soils with various available products;
■ Transportation of petroleum -impacted soils to designated TSD facility;
■ Disposal of petroleum -impacted soils at a designated TSD facility;
■ Profiling of petroleum -impacted soils for disposal at a designated TSD facility;
■ Implementation of safety devices around excavated areas;
■ Provide necessary heavy equipment and trained personnel to perform the soil removal and
stockpile operations and subsequent loading for transportation to the identified landfill;
■ Physically complete the waste profiles and waste manifests;
■ Act as liaison with the identified landfill(s) to ensure proper and timely completion of the waste
profiles and subsequent waste manifests;
■ Provide City fully executed Waste Manifests within 35 days of shipment date; and
■ Provide detailed invoices that include the itemized breakdown of the tasks completed
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EXHIBIT `B" FEE
SCHEDULE
Compensation to be paid shall be in accordance with the table included in this Exhibit `B." The total fee paid by the City
shall not exceed a total of One Hundred Thousand Dollars and 00/100 ($100,000.00). There is no guarantee of any
minimum amount of work to be authorized by the City under this Agreement.
The City will be invoiced for Other Direct Costs ("ODC") accrued in connection with authorized work assignments at
actual incurred cost plus ten (10) percent. These costs shall include, but not be limited to: transportation and living
expenses, communication expense (telephone, postage, express delivery services, etc.), and printing and reproduction
expenses. Invoices and receipts for ODC shall be retained and copies provided upon the request of the City. Laboratory
Analysis Fees and Other Miscellaneous and Direct Costs are listed in table included in this Exhibit `B."
[Remainder of page is left blank intentionally]
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0
EAGLE REMEDIATION & DEMOLITION SERVICES, LLC
TIME & MATERIAL FEE SCHEDULE Confidential and Proprietary
PERSONNEL
Administrator, Project/Logistics
Clerical/Secretarial, Project
Disposal Coordinator
Equipment Operator/Driver
Foreman
Manager, Project/Operations
Manager, Resource
Mechanic
Officer, Site Safety
Supervisor, Project
Supervisor (Asbestos, Lead)
Technician (Asbestos, Lead)
Technician (Environmental)
Welder
VEHICLES
Trailer, Emergency Response
Trailer, Equipment Storage
Trailer, Utility
Trailer, Water
Truck, Pickup (2WD)
Truck, Pickup (4WD)
Truck, Stakebed
Vehicle, Utility
COMPRESSION EQUIPMENT
Air Compressor(<100cfm)
Air Compressor(100-185cfm)
Airless Sprayer
Pressure Washer w/Tank & 50'Hose
Pressure Washer Hose (50' Section)
TANKS AND CONTAINERS
21,000 Gal (500Bbl.) Frac Tank
Roll -Off Box 20 to 35cy Open Top
Roll -Off Box 40cy Open Top Roll -off
Roll -Off Box 40cy Asbestos Vault
PROTECTIVE CLOTHING & EQUIPMENT
$55.00 Hr
EPA Level D Protection or Equivalent
$40.00 Hr
Nomex
$66.00 Hr
Retrieval Device (Winch & Tripod)
$45.00 Hr
Vest, Cool
$65.00 Hr
Chest Wader
$90.00 Hr
Booties, Tyvek
$55.00 Hr
Boots, Chemical
$60.00 Hr
Boots, Latex Overshoe
$65.00 Hr
$85.00 Hr
Respirator / Respirator Cartridges
$65.00 Hr
Full -face Respirators
$40.00 Hr
Half -face Respirators
$45.00 Hr
HEPA
$50.00 Hr
GME P-100 or Equivalent
Mersorb, Mtl/Mercury Vapors/Chlorine
$350.00 Day
Gloves
$150.00 Day
Brown Jersey Cotton
$150.00 Day
PVC
$250.00 Day
Liners
$150.00 Day+0.65/mile
Nitrile
$200.00 Day+0.65/mile
Raw Hide Leather
$350.00 Day+1.50/mile
Sample Gloves
$125.00 Day+.65/mile
Suits
Rain Suit
$150.00 Day
Tyvek, Poly Coated
$325.00 Day
Tyvek
$125.00 Day
$375.00 Day
PUMPING EQUIPMENT
$30.00 Day
Hoses
Air Hose - Up to 1"
Discharge (Flat)/Suction (Rubber), 3" or Less
$55.00 Day
Discharge (Flat)/Suction (Rubber), 4-6"
$25.00 Day
Hydrocarbon (Petroleum)
$25.00 Day
Pumps
$60.00 Day
Submersible (2")
$18.00 Day
$50.00 Day
$350.00 Day
$25.00 Day
$50.00 Day
$5.00 pr
$65.00 pr
$12.00 pr
$50.00 Day
$30.00 Day
$25.00 pr
$45.00 pr
$60.00 pr
$3.00 pr
$35.00 pr
$1.00 pr
$6.00 pr
$24.00 pr
$2.00 pr
$40.00 Each
$35.00 Each
$20.00 Each
$2.00 ft/Day
$2.00 ft/Day
$3.00 ft/Day
$9.00 ft/Day
$200.00 Day
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Replacement Bows
Replacement Tarps
Replacement Ratchets
Ratchet Straps
Replacement Bungee Cords
Replacement Door Chains
Replacement Rollers
LIGHTS & GENERATORS
Generator, 10kW or Less
Lights, Explosion Proof (Drop)
Lights, Quartz Demolition
Light Plant, 4,000 W
$95.00 Each
$275.00 Each
$85.00 Each
$35.00 Each
$3.00 Each
$55.00 Each
$110.00 Each
$200.00 Day+Fuel
$45.00 Day
$50.00 Day
$350.00 Day+Fuel
HEAVY EQUIPMENT (Excludes Operator)
Excavators (Deere Class or Equivalent)
Mini Excavator $550.00 Day
200 Class Excavator $1,100.00 Day
350 Class Excavator $1,600.00 Day
Excavator Attachments
Thumb or Grappler
Metal Sheer (400R)
Concrete Crusher
Scrap Magnet
Loaders
Backhoes (Cat 416, or equivalent)
Skid Steer Loader (w/Bucket or Forks)
Skid Steer Loader with Broom
Trackloader (Deere 755K or equal)
Bulldozer (Deere 750K or equal)
Fork Lifts
Warehouse (<4Ton)
Sky Trac (54' Boom)
Tractor and Attachments
45 HP Farm Tractor
6' Shredder
Loader Attachment
Broadcast Spreader
Seed Drill
Box Blade
$320.00 Day
$1,600.00 Day
$1,000.00 Day
$650.00 Day
Trash (2")
Trash (3")
ENVIRONMENTAL DRILLING EQUPIMENT
Geoprobe 7822
CME 75
TRUCKS/TRACTOR & TRAILERS
Trucks & Trailers (w/ operator)
Dump Truck (12-14 cy)
Tandem Tractor
20 CY End Dump Trailer
60 CY Debris Trailer
53' Dry Van Trailer
Heavy Haul Tractor & RGN Trailer
Winch Truck
Water Truck, 2,000 gal
$175.00 Day+ Fuel
$200.00 Day+ Fuel
$2,500.0 Day
0
$3,000.0 Day
0
$95.00 Hr
$125.00 Hr
$450.00 Day
$550.00 Day
$350.00 Day
$165.00 Hr
$145.00 Hr
$650.00 Day
Roll -Off Box Trucks (w/ operator)
Roll -Off Truck Tractor -Trailer $110.00 Hr
Roll -Off Truck, Bobtail $110.00 Hr
Vacuum Trucks (w/ operator)
Vacuum Truck, Tractor -Trailer
Vacuum Truck, Bobtail
$650.00 Day
MISCELLANIOUS EQUIPMENT
$450.00 Day
Barrel Cart
$500.00 Day
Barricades, Wood
$1,600.00 Day
Blower, Gas Powered Backpack
$1,600.00 Day
Brooms (Street)
Cutting Torch
Cattle Guard Drive Over Decon Unit
$520.00 Day
Chainsaw
$800.00 Day
Coring Machine
Cutter, Brush
Compactor, Wacker Packer
$350.00 Day
Temporary Fence Panels (6'X10')
$100.00 Day
Hammer, Air
$200.00 Day
Heater, Space
$100.00 Day
Jack, Pallet
$200.00 Day
Negative Air Machine
$100.00 Day
Phone, Mobile
$115.00 Hr
$115.00 Hr
$33.00 Day
$15.00 Day/each
$50.00 Day
$25.00 Each
$150.00 Day+gas
$400.00 Day
$60.00 Day
$450.00 Day
$150.00 Day
$175.00 Day
$10.00 Panel/Day
$42.00 Day
$70.00 Day
$100.00 Day
$142.00 Day
$30.00 Day
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Saw, Concrete (Excludes Blade)
$450.00 Day
Sampling Equipment
Saw, Cut Off
$180.00 Day
Combustible/Oxygen Multiple Gas Detector
$150.00 Day
Saw, Multi -Purpose 12"
$180.00 Day
pH Meter
$50.00 Day
Signs, Road
$15.00 Day/each
Photoionization Detector
$200.00 Day
Tent, Rehab/Storage
$50.00 Day
pH Sticks
$40.00 Pk
Vacuum, Drum
$80.00 Day
Vacuum, HEPA
$150.00 Day
EXPENDABLES
Weedeater
$65.00 Day
Absorbents
Wheelbarrow
$24.00 Day
All Purpose (Granular)
$25.00 Bag
Welding Rig
$250.00 Day
Boom, 5"X10' (40 foot bdl)
$145.00 bdl
Boom, 8"X10' (40 foot bdl)
$198.00 bdl
Pads, 18"X18" (100 pads/bdl)
$150.00 bdl
EXPENDABLES (Cont.)
Miscellaneous Expendables
Chemicals
Bags (unmarked) 6 mil
$3.00 Each
Antimicrobial Encapsulant
$65.00 Gal
Bailers 1.5"X3', Disposable
$30.00 Each
Decon 30 Disinfectant
$65.00 Gal
Brush, Decon
$10.00 Each
Color -Safe Neutralizer
$85.00 Gal
Decon Pools
$45.00 Each
Micro-Blaze/Micro-Solve
$65.00 Gal
Fencing, Orange Construction (100ft roll)
$125.0 Roll
0
Simple Green
$28.00 Gal
Liners, Roll -off or Truck
$65.00 Each
Drums
Polyethylene Sheeting (20'X100'-4&6 mil)
$145.0 Roll
0
5 Gal
$50.00 Each
Posts, Tee
$10.00 Each
15 Gal
$55.00 Each
Pump Sprayers (Hudson)
$80.00 Each
20 Gal
$80.00 Each
Pump, Barrel Siphon
$40.00 Each
30 Gal
$80.00 Each
Tape, Caution
$37.00 Roll
55 Gal Steel
$95.00 Each
Tape, Duct
$15.00 Roll
55 Gal Poly
$165.00 Each
Tape, Hazmat
$22.00 Roll
85 Gal
$275.00 Each
Vermiculite
$80.00 Bag
1 cy Hazmat Box
$200.00 Each
275 Gal Tote
$300.00 Each
PERSONNEL
Personnel rates apply to personnel performing labor in support of the contract work (whether performed on -site or off -site). Rates stated are
per person per hour with a four (4) hour minimum per person per day.
A daily rate for subsistence, lodging, and incidental costs shall be charged per person. This rate shall be that for the nearest locale listed in
Appendix D of the United States Government's Current Joint Travel Regulations plus twenty percent (20%).
When an overnight stay is not required, but the work day exceeds 12 hours, a meal allowance of $50.00/day/person will apply.
All equipment and personnel are billed portal-to-portal.
Standard Hours are 7:00 a.m. and 4:00 p.m. Monday through Friday, exclusive of designated holidays. A calendar week is Sunday through
Saturday.
Non -Standard Hours are all hours worked before 7:00 a.m. and/or after 4:00 p.m. Monday through Friday or any work performed on Saturday
or Sunday. Labor performed during Non -Standard Hours will be billed at one and one-half (1.5) times the rates set forth herein.
Holiday Hours will be two (2) times the rates set forth herein if such time would otherwise qualify as Standard Hours.
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Personnel will be billed at the corresponding rate stated herein for the time required to mobilize, service, repair, and restock all vehicles and
equipment used in the performance of the contract.
EQUIPMENT
All scheduled equipment and trucking rates are exclusive of operators / drivers. Labor rates will be charged in accordance with the applicable
category in the Personnel section.
Rental equipment is defined as any equipment listed herein with a corresponding "daily rental rate" and any equipment whether listed herein
or not which Eagle rents from a third party.
For purposes of computing daily rate charges, the term "daily" denotes 8 hours and includes fuel, grease, oil, maintenance, and insurance,
except where noted. After 8 hours, the hourly rate will be 1/8 the daily rate.
A four-(4) hour minimum will apply to all trucking. Transportation permits for oversized equipment and/or loads will be charged at cost
plus twenty percent (20%). Escorts, if required, will be an additional charge in accordance with applicable rates for personnel and vehicles.
Cleaning, repairing and rebuilding of pumping equipment will be invoiced at cost plus 20%.
If the exact equipment manufacturer or model utilized is not listed herein, the rate for a listed equivalent will be used where applicable.
SUBCONTRACTORS, EXPENDABLES, AND ADDITIONAL EQUIPMENT
All subcontractors, third party rental equipment, non-scheduled services, equipment and materials and other non-scheduled vendor items
will be billed at invoice price plus 20%.
Cleaning, repair, or replacement charges will be assessed for equipment contaminated or damaged by site conditions. Equipment
contaminated or damaged beyond repair will be charged at actual replacement cost plus twenty percent (20%).
Scheduled prices shall be applicable to all personnel, materials, and equipment for the schedules herein, which are utilized in the
performance of the work. If the rental or field purchase prices for materials and equipment or subcontracted labor are higher than what is in the
rate schedule, or if any labor, equipment or materials are not readily available in-house, these items will be invoiced at cost plus twenty (20%)
percent.
TANKS & CONTAINERS
All tanks and containers will be inspected when released. Replacement parts do not include labor. Repairs for damages or missing parts will
be invoiced on a time -and -material basis.
OTHER CHARGES AND TERMS
All work will be performed under Eagle's standard insurance. Any additional insurance necessary to perform the work will be invoiced
at cost plus twenty (20) percent.
The rates contained in this schedule are exclusive of federal, state and local sales or use taxes and any permits incident to performance of
the work. Eagle shall be compensated for all costs incurred for state, federal or local sales or use taxes and/or the cost of any necessary permits
on the basis of Eagle's cost plus twenty percent (20%).
In the event Eagle is required to purchase any licenses, easements, or rights of ingress or egress to obtain access of right-of-way to property
necessary to perform the work, Eagle shall be compensated for all costs incurred for such licenses, easements or rights on the basis of Eagle's
actual cost incurred plus twenty percent (20%). In the event Eagle is required to construct any rights -of -way and/or pavements or other
property as a result of the work, shall be compensated for such work performed on the basis of Eagle's actual cost plus twenty percent (20%).
FUEL SURCHARGE - The applicable fuel surcharge amount will be based on the National Average ULS Diesel fuel price as reported each
Monday by the Department of Energy, Energy Information Administration (DOE/EIA) in its US National Average Fuel Index. The highest fuel rate
for the month will be used in determining the Fuel Surcharge. The latest diesel fuel index can be determined by accessing the DOE/EIA
website, https://www.eia.gov/petroleum/gasdiesel/
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